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6.3B <br /> Page 9 <br /> FINGER AVENUE SETTLEMENT AGREEMENT <br /> This Settlement Agreement (hereinafter "Agreement ") is entered into as of July Z L , <br /> 2010, by and between Kirk McGowan dba McGowan Development ( "McGowan "); the City of <br /> Redwood City and City Council of the City of Redwood City, a California municipal corporation <br /> (collectively, the "City "); and Friends of Cordilleras Creek and Finger Avenue Pride Committee, <br /> unincorporated associations (collectively, "Friends "). McGowan, the City, and Friends are <br /> sometimes referred to below collectively as the "Parties" and each individually as a "Party." <br /> RECITALS <br /> A. On October 26, 2009, the City adopted a mitigated negative declaration ( "MND ") <br /> pursuant to the California Environmental Quality Act ( "CEQA ") and approved that certain <br /> development project commonly known as the "Finger Avenue Subdivision," which project <br /> includes the development of a nine -lot single - family subdivision on a 1.7 -acre site located at 50, <br /> 80, and 88 Finger Avenue in Redwood City (the "Project "). The City filed a Notice of <br /> Determination for the Project on October 27, 2009. <br /> B. On November 10, 2009, Friends filed a Petition for Writ of Mandamus and. <br /> Complaint for Injunctive Relief (the "Writ Petition ") in the County of San Mateo, San Mateo <br /> County Superior Court, Case No. CIV489446 (the "Action "). Friends filed the Writ Petition to • <br /> set aside the City's adoption of the MND and approvals of the Project, alleging in the Writ <br /> Petition violations of CEQA. <br /> C. To address the issues described in the Writ Petition and raised in the Action by <br /> Friends, McGowan and Friends have negotiated a settlement of the Action, and have presented <br /> the terns of the settlement to the City for its review and consideration. To cooperate with <br /> McGowan and Friends and to facilitate the implementation of their settlement, the City is <br /> amenable to the terms proposed by McGowan and Friends, as set forth in this Agreement. <br /> NOW, THEREFORE, in consideration of the mutual covenants and agreements <br /> contained herein, and for other good and valuable consideration, the Parties agree as follows: <br /> • <br />