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. '. . ,. or not they exceed $2.2 million; and that it not be a reimbursable expense for the - traffic mitigation fee; and that the traffic mitigation fee be set at $3 per square foot (SF) and that it not be lowered if there were a Citywide traffic mitigation fee that would be less than $3/SF. Passed 5-0. (Howard, Leipzig absent.) The motion passed with unanimous roll call vote of 5-0. MINUTE ORDER NO. 98-252 Responding to a question from City Manager Everett regarding impacts if the Citywide fee were higher, Council Member Hartnett responded that the language in the agreement would also increase the agreement fee. MIS: IralHartnett that the agreement be amended to include "the definition of common parcels was clarified to state that ownership and maintenance of the common parcels shall be set forth in the CC&R's, paragraph 2." Passed 5-0. (Howard, Leipzig absent.) The motion passed with unanimous roll call vote of 5-0. MINUTE ORDER NO. 98-253 - MIS: IralHartnett that the agreement be amended to include language to specifically state that, "all rights and obligations of the City and Pacific Shores will expire in the event that the annexation does not take place within one year from the effective date of the development agreement." Passed 5-0. (Howard, Leipzig absent.) The motion passed with unanimous roll call vote of 5-0. MINUTE ORDER NO. 98-254 MIS: HartnettlIra, and unanimously carried by roll call vote that the INTRODUCTION OF ORDINANCE: ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF REDWOOD CITY AND PACIFIC SHORES CENTER LIMITED PARTNERSHIP (1000 SEAPORT BOULEVARD) be accepted as modified. Passed 5-0. (Howard, Leipzig absent.) MINUTE ORDER NO. 98-255 - REGULAR CITY COUNCIL MEETING MINUTES BOOK NO. 57 SEPTEMBER28,1998 MINUTES Page No. 167 PAGE 8