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C. Register has obtained an option to acquire certain <br />adjacent properties in order to provide for the expansion of <br />the existing Register facility (the "Adjacent Properties"). <br />D. Freedom and Register have obtained a general plan <br />amendment, a zone change, a parcel map and other required <br />approvals required in order to incorporate the Adjacent <br />Properties into the Register Site for the expansion of the <br />Register facilities (the "Land Use Approvals"). <br />E. Freedom, Register and City desire to amend the <br />Development Agreement, as amended, to include the Adjacent <br />Properties as part of the Register Site (hereinafter <br />collectively referred to as the "Property") and to <br />incorporate the Land Use Approvals into the Development <br />Agreement upon the terms and conditions stated herein. <br />F. An environmental impact report for the development <br />and use of the Property in accordance with the Land Use <br />Approvals and the Development Agreement as hereby amended <br />(the "E.I.R.") has been prepared and certified in accordance <br />with the California Environmental Quality Act. <br />NOW, THEREFORE, the parties agree as follows: <br />1. Exhibit "A" to the Development Agreement, as <br />amended, is hereby deleted in its entirety and a new Exhibit <br />"A" attached hereto and incorporated herein by this reference <br />is substituted in its place and stead to incorporate the <br />Adjacent Properties within the provisions of the Development <br />Agreement. <br />2. Paragraph 2 of the Development Agreement as <br />amended, is hereby further amended to read as follows: <br />"Interest of Property Owner_. Freedom represents that it <br />is the owner in fee of the real property described in <br />Exhibit "B-1" attached hereto and incorporated herein by <br />this reference. Register represents that it has an <br />option to acquire the real property described in Exhibit <br />"B-2" attached hereto and incorporated herein by this <br />reference." <br />3. Exhibit "B" to the Development Agreement referenced <br />in paragraph 2 thereof is hereby deleted in its entirety and <br />new Exhibits _"B-1" and "B-2" attached hereto and incorporated <br />herein by this reference are substituted in its place and <br />stead. <br />-2- <br />