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WHEREAS, because none of the remainder of the property owned by Shorebreeze is <br />subject to the Development Agreement, Flatirons, Electronic Arts and the City have agreed to <br />amend the Development Agreement to remove the Development Agreement as an encumbrance <br />on Parcel B without, however, relieving Flatirons of its landscaping and landscaping <br />maintenance obligations on Parcel B and the Shoreline Drive Area under the Development <br />Agreement if Shorebreeze fails to do so; <br /> <br /> NOW, THEREFORE: <br /> <br /> THE COUNCIL OF THE CITY OF REDWOOD CITY DOES ORDAIN AS <br />FOLLOWS: <br /> <br /> Section 1. This Council hereby finds, declares, and concludes as follows: <br /> <br /> (a) The proposed First Amendment to Development Agreement was reviewed <br /> by the Planning Commission after public hearing duly noticed and forwarded by said <br /> Commission to this Council with the recommendation that the First Amendment to <br /> Development Agreement be approved provided that Shorebreeze agrees not to oppose the <br /> formation of an Assessment District which shall include Shorebreezels Property. <br /> <br /> (b) Shorebreeze has agreed not to oppose such Assessment District. <br /> <br /> (c) This Council held a duly noticed public hearing on the proposed First <br /> Amendment to Development Agreement on March 16, 1998, at which hearing all persons <br /> interested in the matter were heard or afforded an opportunity to be heard thereon. <br /> <br /> (d) This Council has reviewed and considered all relevant information, <br /> including the testimony, both oral and documentary, made and submitted at the public <br /> hearing on the proposed Project; and all other matters deemed material and relevant to the <br /> proposed Project. <br /> <br /> Section 2. In consideration of the foregoing findings, this Council hereby concludes <br />and declares that the agreement entitled "First Amendment to Development Agreement" by and <br />between the City of Redwood City and Flatirons Funding, is consistent with the General Plan of <br />the City of Redwood City and should be approved. <br /> <br /> Section 3. The First Amendment to Development Agreement which amends the <br />Development Agreement (approved pursuant to ordinance No. 2114), a copy of which is on file <br />in the office of the City Clerk, and incorporated herein by reference as though set forth in full, is <br />hereby approved, and the City Manager is hereby authorized to execute the agreement for and on <br />behalf of the City of Redwood City. <br /> <br /> Section 4. The City Clerk shall cause a copy of this ordinance and of the First <br />Amendment to Development Agreement to be recorded in the office of the Recorder of San <br />Mateo County within ten (10) days after its execution; provided, however, that this ordinance <br />shall be effective thirty (30) days after its adoption. <br /> <br /> Flatiron. Doc 3 21/4 0 <br /> <br /> <br />