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WHEREAS, the Development Agreement currently does not guarantee any <br />specific amount of sewage treatment capacity to the Applicant, although it acknowledges <br />that the rights to Redwood Shores Properties' (RSP) rights to sewage treatment capacity <br />had been assigned to the Applicant, to the extent that RSP still had these rights; and <br /> <br /> WHEREAS, Applicant has requested and the City is now in a position to <br />guarantee sufficient sewage treatment capacity, as a result of a written agreement reached <br />by the City and RSP with respect to the extent of RSP's rights to sewage treatment <br />capacity; and <br /> <br /> WHEREAS, Applicant has entered into a contract for the sale of Lots 1 and 2; <br />and <br /> <br /> WHEREAS, if the Electronic Arts Property is owned by different entities, the <br />default of one should not terminate or otherwise affect the rights of the other under the <br />Development Agreement; <br /> <br /> NOW, THEREFORE; <br /> THE COUNCIL OF REDWOOD CITY DOES ORDAIN AS FOLLOWS: <br /> <br /> Section 1. The foregoing recitals are true and correct. <br /> Section 2. This Council hereby finds, declares and concludes as follows: <br /> <br /> (a) The proposed Second Amendment to Development Agreement was <br /> reviewed by the Planning Commission after public hearing duly noticed and <br /> forwarded by said Commission to this Council with the recommendation that the <br /> Second Amendment to Development Agreement be approved. <br /> <br /> (b) It is in the best interests of the City of Redwood City that (1) the <br /> proposed Second Amendment to Development Agreement not become effective <br /> until Parcel Map No. 98 - __ (the "Parcel Map") showing the lot lines as adjusted <br /> is filed for record in the Official Records of San Mateo County and the Applicant <br /> conveys the new common area parcels shown on the Parcel Map to the Shores <br /> Business Center Association (the "Conveyance"); (2) a requirement to that effect <br /> should be added to the proposed Second Amendment to Development Agreement <br /> as recommended by the Planning Commission; and (3) such a requirement does <br /> not materially change the recommendation of the Planning Commission. <br /> <br /> (c) The proposed Second Amendment to Development Agreement is <br /> consistent with the General Plan of the City of Redwood City. The "Findings of <br /> Consistency Between the Electronic Arts Master Plan Project and the General <br /> Plan of the City of Redwood City" as attached to Ordinance No. 2114, adopted by <br /> the City Council on August 26, 1996, are hereby adopted and incorporated herein <br /> by reference. <br /> <br /> 2 <br /> <br /> <br />