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<br />recorded on July 2, 2002 as Document No. 2002-128414 (the "Fourth Amendment") and further
<br />amended by that certain Fifth Amendment to Development Agreement between the City, the
<br />District and RSP dated August 5, 2002 and recorded on September 3, 2002 as Document No.
<br />2002-172716 (the "Fifth Amendment"), further amended by that certain Sixth Amendment to
<br />Development Agreement between the City, the District and RSP dated October 29,2002 and
<br />recorded on November 4, 2002 as Document No. 2002-226265 (the "Sixth Amendment"),
<br />further amended by that certain Seventh Amendment to Development Agreement between the
<br />City, the District and RSP dated July 9, 2003 and recorded on July 9, 2003 as Document No.
<br />2003-188788 (the "Seventh Amendment"), further amended by that certain Eighth Amendment
<br />to and Restatement of Development Agreement between the City, the District and RSP dated
<br />August 13,2003 and recorded on September 5,2003 as Document No. 2003-253159 (the
<br />"Eighth Amendment"), and further amended by that certain Ninth Amendment to and
<br />Restatement of Development Agreement between the City, the District and Keech dated October
<br />2,2006 and recorded on October 5, 2006 as Document No. 2006-150659 (the "Ninth
<br />Amendment"). The Original Development Agreement as amended to date, including the First
<br />Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth
<br />Amendment, the Sixth Amendment, the Seventh Amendment, the Eighth Amendment, and the
<br />Ninth Amendment is hereinafter collectively referred to as the "Agreement." Terms defined in
<br />the Agreement shall have the same meaning when used in this Tenth Amendment unless
<br />otherwise indicated herein.
<br />
<br />B. The Original Development Agreement was adopted to provide procedures for the
<br />District, which is empowered to administer financing and construction of public improvements
<br />for the benefit of real property within the District's boundaries, to fund the development of
<br />designated future public improvements by means of the imp<?sition of charges based upon
<br />applications for building permits for the development of the Redwood Shores Property (as
<br />defined in paragraph 2 of the Ninth Amendment), all pursuant to California Government Code
<br />Sections 65864 - 65869.5, inclusive.
<br />
<br />C. The term of the Agreement commenced on the effective date of the ordinance
<br />approving it (which was June 23, 1982) and, pursuant to the Ninth Amendment, continues until
<br />September 30, 2009 (the "Termination Date").
<br />
<br />D. Keech intends to develop that portion of the Redwood Shores Property known as
<br />"Area 'H'" with facilities and improvements that are expected to enhance and further the general
<br />welfare of the City and its residents, including an elementary school, a park, and the restoration
<br />of approximately 68 acres of land to tidal wetlands, in addition to townhomes on approximately
<br />12 acres ofland (collectively, the "Area 'H' Project" or "Project"), all in accordance with the
<br />Precise Plan for the Preserve at Redwood Shores approved by the City Council on February 11,
<br />2008, and the Planned Community Permit approved by the Planning Commission on June 17,
<br />2008 (the "Planned Community Permit").
<br />
<br />E. The City, the District and Keech desire to modify the Agreement in order to (i)
<br />specify the scope of facilities and improvements that need to be constructed in connection with
<br />the development of Area "H" (the "Area 'H' Improvements"), (ii) specify the extent to which the
<br />
<br />A TTY / AORJ Amendments/Tenth Amendment of Development Agreement OlD 1-64
<br />072308
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