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10/26/2020 <br />applications where City presently owns a fee interest in the land that is the subject of the <br />BCDC permit application; and <br />WHEREAS, Owners have requested that City sign onto the BCDC permit <br />applications affecting City -owned property as a co -applicant on the condition that SCOA <br />remains obligated to comply with all such BCDC or other governmental agency permit <br />obligations until such time as the Levee Improvements have been satisfactorily completed <br />and accepted by City; and <br />WHEREAS, the Owners have petitioned the City to establish the CFD pursuant to <br />the City's Statement of Local Goals and Policies Concerning the Use of the Mello -Roos <br />Community Facilities Act of 1982, as amended, the Code; and <br />WHEREAS, immediately following approval of this Resolution the City Council will <br />consider, adoption of a resolution of intention to form the CFD; and <br />WHEREAS, the improvement and, where applicable, replacement of the existing <br />Seaport Centre Levee pursuant to the Levee Agreement consists of the replacement or <br />reconstruction of existing structures and facilities where the new structure will be located <br />on the same site as the structure replaced and will have substantially the same purpose <br />and capacity as the structure replaced; and <br />WHEREAS, to the extent the approval and implementation of the Levee <br />Agreement, including the Seaport Levee -Related Actions, include activities which go <br />beyond the replacement or reconstruction of existing structures and facilities, those <br />activities will constitute at most (i) the operation, repair, maintenance, permitting, licensing <br />and minor alternation of existing public or private structures, facilities, mechanical <br />equipment and topographical features, involving negligible expansion of existing uses <br />and/or (ii) minor public or private alterations in the condition of land, water and/or <br />vegetation which do not involve removal of healthy, mature, scenic trees; and <br />WHEREAS, SCOA's construction and installation of the Levee Improvements and <br />Owners' and their successors' funding of the ongoing costs of maintaining and operating <br />such improvements through payment of CFD special taxes will reduce the financial <br />ATTY/RES0.0120/CC RESO APPROVING MASTER LEVEE AGREEMENT RESO. NO. 15900 <br />REV: 10-21-2020 VR MUFF NO. 506 <br />Page 4 of 7 <br />