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<br />7A <br />Page 6 <br /> <br />Section 1. The recitals set forth above are true and correct, and are hereby <br /> <br />incorporated herein by this reference as if fully set forth in their entirety. <br /> <br />Section 2. The Council hereby finds, declares, and concludes as follows: <br /> <br />a. This Council held a duly noticed public hearing on the proposed Amendment to <br /> <br />Ninth Amendment to and Restatement of Development Agreement (the dT enth <br /> <br />Amendment") on July 28, 2008, at which hearing all persons interested in the <br /> <br />matter were heard or afforded an opportunity to be heard thereon. <br /> <br />b. This Council also acting on behalf of the General Improvement District No. 1-64, <br /> <br />has reviewed and considered all relevant infonnation, including the testimony. <br /> <br />both oral and documentary, made and submitted at the public hearing on the <br /> <br />proposed Tenth Amendment. and al/ other matters deemed material and <br /> <br />relevant to the proposed Tenth Amendment. <br /> <br />Section 3. In consideration of the foregoing findings, this Council hereby concludes and <br /> <br />declares that the Tenth Amendment by and between the City of Redwood City, Keech <br /> <br />Properties, LLC., and Redwood City General Improvement District No, 1-64 is for the purpose, <br /> <br />inter alia, of (i) specifying the scope of facilities and improvements that need to be constructed <br /> <br />in connection with the development of Area dH", (ii) specifying the extent to which the Fund will <br /> <br />be used to reimburse Keech for the construction of such facilities and improvements, and (Ui) <br /> <br />effectively segregating the rights and obligations of the parties under the Agreement as they <br /> <br />relate to Area dH" from all other rights and obligations under the Agreement, and remains <br /> <br />consistent with the General Plan of the City of Redwood City and should be approved. <br /> <br />Section 4. The Tenth Amendment, which amends the Agreement, a copy of which is <br /> <br />on file in the Office of the City Clerk, and incorporated herein by this reference as though fully <br /> <br />set forth herein, is hereby approved, and the City Manager is hereby authorized to execute the <br /> <br />Amendment for and on behalf of the City of Redwood City, and the Mayor of the City of <br /> <br />F:AttylOrdIOrd.309 <br />072108 <br /> <br />4 <br />