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6.3B � <br /> Page 1 I <br /> ORDINANCE NO. <br /> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDWOOD <br /> CITY APPROVING FIRST AMENDMENT TO THE DEVELOPMENT , <br /> AGREEMENT BY AND BETWEEN THE CITY OF REDWOOD CITY AND ' <br /> R.C. PENINSULA PARK, LLC FOR THE DEVELOPMENT OF THE <br /> PENINSULA PARK DEVELOPMENT PROJECT <br /> WHEREAS, R.C. Peninsula Park, LLC, a Delaware limited liability company (the <br /> "Developer") is the owner of certain real property located within the City (the "Property"); ' <br /> and <br /> WHEREAS, Pursuant to California Government Code Section 65864, et seq., <br /> the City and the Developer entered into that certain Development Agreement <br /> concerning the development of the Property, dated as of February 13, 2008 ("the <br /> Original Agreement") which was initially recorded in the Official Records of San Mateo <br /> County on April 9, 2008 as Instrument No. 2008-039357 and was subsequently re- <br /> recorded on July 28, 2008 as Instrument No. 2008-08768; and <br /> WHEREAS, the Property is located within the area governed by the Peninsula <br /> Park Precise Plan, adopted by the City on December 17, 2007 by Resolution No. 14830 <br /> (the "Precise Plan"); and <br /> WHEREAS, the Precise Plan allows the Property to be developed with <br /> improvements consisting of up to 796 residential units, 10,000 rentable square feet of <br /> commercial retail space, and a hotel of up to 200 rooms, together with open space, <br /> streets, walkways, waterfront esplanades and ancillary facilities (the "Original Project"); <br /> and <br /> WHEREAS, on July 8, 2003, the City Council certified an Environmental Impact <br /> Report for the Marina Shores Village Project (the "EIR"). A notice of determination for <br /> the EIR was filed on June 8, 2004. On December 17, 2007, the City Council approved <br /> an Addendum to the EIR (the "EIR Addendum") reflecting modifications to the project as <br /> it had been originally proposed and a Mitigation Monitoring Reporting Program and a <br /> Statement of Overriding Considerations; and <br /> WHEREAS, subsequent to the approval of the Original Agreement, the <br /> Developer diligently pursued obtaining state and federal agency approvals and permits <br /> necessary to implement the Original Project, but certain of such agencies indicated that <br /> they would not issue permits that would allow development of the originally-planned 796 <br /> residential units proposed in the Original Project; and <br /> ATTY/ORD/ORD.337 <br /> 090910 1 <br />