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<br />OfJ9 <br /> <br />General Plan and the Specific Plan. The terms and conditions of <br />this Amendment have been found by the City to be fair, just and <br />reasonable. <br /> <br />D. The development and use which Developer currently <br />proposes in connection with the property have been extensively <br />reviewed and considered by the City and its officers, agencies and <br />departments, and such proposed development and use have been <br />modified to accommodate the City's recommendations and suggestions <br />in order to protect the public's interest and to enhance the <br />desirability from the public'S perspective of such proposed <br />development and use. <br /> <br />E. In connection with this Amendment, the city has taken all <br />steps necessary to achieve compliance with the California <br />Environmental Quality Act. In this regard, the City has determined <br />pursuant to California Public Resources Code Section 21166 that the <br />development of the Property as currently proposed by Developer will <br />not constitute a substantial change in the Project or the <br />circumstances under which the Project is undertaken which will <br />require major revisions to the EIRi accordingly, no subsequent or <br />supplemental environmental impact report or additional mitigation <br />measures shall be required by the city. <br /> <br />F. The City, by electing to enter into this Amendment, <br />acknowledges that the obligations of the city under this Amendment <br />and the Agreement shall survive beyond the term or terms of the <br />present City Council members, that such action will serve to bind <br />the city and future councils to the obligations hereby undertaken <br />and this Amendment and the Agreement shall limit the future <br />exercise of certain governmental and proprietary powers of the <br />city. By approving this Amendment, the City Council has elected to <br />exercise certain governmental powers at the time of its entering <br />into this Amendment rather than deferring its actions to some <br />undetermined future date. Accordingly, the City and Developer <br />desire to enter into this Amendment in order to vest in Developer <br />certain development rights pursuant to the terms of this Amendment. <br />Such development rights are intended to allow for the development <br />of the Property in accordance with the terms of this Amendment <br />pursuant to the land use ordinances, rules, regulations and <br />policies applicable as of the Effective Date of the Agreement, <br />except as otherwise specified in this Amendment. <br /> <br />r WHEREFORE, in consideration of the foregoing and of their <br />mutual and respective promises, and subject to the terms and <br />conditions hereinafter set forth, the parties hereto do hereby <br />agree as follows: <br /> <br />1. All capitalized terms set forth in this Amendment and not <br />otherwise defined herein shall have the meanings ascribed to them <br />in the Agreement. <br /> <br />2 <br />