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Reso 23-08 PC Reso 0030 Reso Recommending Approval of Amend. No. 3 to the 1548 Maple DA05.02.2023
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Reso 23-08 PC Reso 0030 Reso Recommending Approval of Amend. No. 3 to the 1548 Maple DA05.02.2023
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6/22/2023 3:32:14 PM
Creation date
6/22/2023 3:31:58 PM
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CC Index
CC Index - Document Type
Resolution
Meeting Type
Regular
Agency Type
Planning Commission
Date
5/2/2023
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RECORDING REQUESTED BY <br />AND WHEN RECORDED RETURN TO: <br />City of Redwood City <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br />Attention: City Clerk <br />Space above This Line Reserved for Recorder’s Use <br />Exempt from Recording Fee Per Government Code Section 27383 <br />THIRD AMENDMENT TO DEVELOPMENT AGREEMENT <br />This THIRD AMENDMENT TO DEVELOPMENT AGREEMENT (“Third <br />Amendment”) dated for reference purposes as of ____________, 2023 (“Amendment Date”), is <br />entered into by and between 1548 MAPLE, LLC, a Delaware limited liability company <br />(“Developer”) and the CITY OF REDWOOD CITY, a charter city and California municipal <br />corporation (“City”). Developer and City are sometimes referred to individually herein as a <br />“Party” and collectively as “Parties.” <br />R E C I T A L S <br />This Third Amendment is entered into on the basis of the following facts, understandings <br />and intentions of the Parties. The following recitals are a substantive part of this Third <br />Amendment. <br />A.City and Developer are parties to that certain Development Agreement dated as of <br />August 3, 2018, and recorded on November 15, 2018, in the Official Records of San Mateo County <br />as Document No. 2018-088890 (“Original Development Agreement”), as amended by a First <br />Amendment to Development Agreement dated as of February 22, 2021, and recorded on February <br />21, 2021, in the Official Records of San Mateo County as Document No. 2021-108251 (“First <br />Amendment”) and by a Second Amendment to Development Agreement dated as of January 24, <br />2022, and recorded on January 28, 2022, in the Official Records of San Mateo County as <br />Document No. 2022-008266 (“Second Amendment”). The Original Development Agreement as <br />amended by the First Amendment and Second Amendment is referred to herein as the <br />“Development Agreement”. <br />B.The Development Agreement is in full force and effect and a binding obligation of <br />the Parties, and the original named Developer remains the fee owner of the Property subject to the <br />Development Agreement. Except for the First Amendment and Second Amendment, the Original <br />Development Agreement has not been amended or modified either orally or in writing prior to this <br />Third Amendment. <br />C.Sections 9.2 and 9.3 of the Development Agreement authorize the Parties to enter <br />into Insubstantial Amendments to the Development Agreement without a public hearing under <br />EXHIBIT B <br />ATTY/RESO.0030/PC RESO RECOMMENDING APPROVAL OF AMEND.NO.3 TO THE 1548 MAPLE DA <br />REV: 04-17-2023 VR Page 8 of 13
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