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<br />j. <br /> <br />Property, and ensure attainment of the maximum effective utilization of resources within <br />the City at the least economic cost to its citizens. <br /> <br />7. On July 8, 2003, the City certified an Environmental Impact Report for the Marina <br />Shores Village Project (the "EIR"). A notice of determination for the EIR was filed on <br />June 8, 2004. On December 17, 2007, the City approved an Addendum to the EIR (the <br />"EIR Addendum") reflecting modifications to the Project as it had been originally <br />proposed and a Mitigation Monitoring Reporting Program and a Statement of Overriding <br />Considerations. <br /> <br />8. Prior to or in conjunction with the adoption of the Precise Plan and this Agreement, the <br />City rezoned the Property "P" by Ordinance No. 1130-342. The "P" zoning <br />classification allows the Precise Plan to control development standards for the Property <br />and Project. <br /> <br />9. The Planning Commission and the City Council have each considered this Agreement at <br />public hearings following notice provided in accordance with California Government <br />Code Section 65867. <br /> <br />1 O. The City Council has found that, among other things, this Agreement is consistent with <br />the City's General Plan, and has reviewed and evaluated it in accordance with <br />Government Code Section 65864, et seq. The City Council has determined that <br />completion of the Project is in the best interests of the City and the health, safety and <br />welfare of residents and taxpayers of the City. <br /> <br />11. In accordance with the terms and conditions set forth in this Agreement, Developer <br />agrees to construct or contribute to the cost of certain public improvements, childcare and <br />affordable housing, and City agrees to provide public improvements and services to <br />ensure that Developer may proceed with and complete development of the Project. <br /> <br />12. On January 14, 2008, the City Council adopted Ordinance No. [2323] approving this <br />Agreement. <br /> <br />13. The purpose of this Agreement is to establish the rights and obligations of the Parties and <br />the parameters within which the obligations of Developer for public and other <br />improvements will be met, and otherwise to provide the criteria for the development of <br />the Property. <br /> <br />14. By this Agreement, Developer and the City agree that Developer shall have the vested <br />right to develop the Property pursuant to this Agreement. The City has the right to <br />regulate the development and use of the Property in accordance with the terms and <br />conditions of this Agreement. <br /> <br />15. Developer intends to build the Project using union workers pursuant to an agreement <br />acceptable to both Developer and the Building Trades Council of San Mateo County, and <br />City hereby agrees not to interfere in the negotiation of any such agreement unless and to <br /> <br />ATTY/AGR/2008.013 <br />022708 <br /> <br />3 <br />