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3 <br /> <br />the Properties to the City pursuant to the terms and conditions of the Agreement is not <br />less than the fair market value of the Properties. <br /> <br />Section 4. The City Council hereby approves the Agreement in substantially <br />the form presented to the City Council, subject to such revisions as may be made by the <br />City Manager, or designee. The City Manager is hereby authorized to execute the <br />Agreement, as so revised (including without limitation all attachments thereto), on behalf <br />of the City, together with any instruments necessary or convenient to implement the <br />Agreement. A copy of the Agreement shall, when executed by the City, be placed on <br />file in the Office of the Clerk of the Council. <br /> <br />Section 5. The City Manager, or designee, is hereby authorized, on behalf of <br />the City, to make revisions to the Agreement that do not materially or substantially <br />increase the City’s obligations thereunder or materially or substantially change the uses <br />or development permitted on the Properties, to sign all documents, to make all <br />approvals and take all actions necessary or appropriate to carry out and implement the <br />Agreement and to administer the City’s obligations, responsibilities and duties to be <br />performed under the Agreement and related documents. <br /> <br /> <br />ADOPTED this 6th day of September, 2022. <br /> <br /> <br /> By: ___________________________ <br /> Vicente Sarmiento, Mayor <br /> <br /> <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho <br />City Attorney <br /> <br /> <br />By: ___________________________ <br /> Ryan O. Hodge <br /> Assistant City Attorney <br /> <br /> <br /> <br /> <br />AYES: COUNCILMEMBERS: <br /> <br />NOES: COUNCILMEMBERS: <br /> <br />ABSTAIN: COUNCILMEMBERS: <br /> <br />NOT PRESENT: COUNCILMEMBERS: