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03 - JOINT - Lacy Settlement
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03 - JOINT - Lacy Settlement
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1/3/2012 3:32:41 PM
Creation date
4/19/2011 2:45:40 PM
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City Clerk
Doc Type
Agenda Packet
Item #
03
Date
4/18/2011
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F. The Parties have mutually agreed that settlement is the most efficient and <br />practical way to resolve the Litigation and have proposed a settlement agreement to <br />resolve and settle all claims related to the Litigation ("Settlement Agreement"). <br />G. The parties now deem it in their best interests to amend and restate the <br />Scope of Development as set forth in the proposed First Amendment to Disposition and <br />Development Agreement in the form submitted herewith ("First Amendment"). <br />H. All actions required by all applicable law with respect to the proposed First <br />Amendment have been taken in an appropriate and timely manner <br />I. The DDA as amended by the First Amendment would assist in the <br />alleviation or removal of blighting conditions and provide housing for low- or moderate- <br />income persons. <br />J. The Agency has adopted an Implementation Plan pursuant to CRL Section <br />33490, which sets forth the objective of providing housing to satisfy the needs and <br />desires of various constituent elements of the community. <br />K. The DDA as amended by the First Amendment furthers the goals of the <br />Agency set forth in the Implementation Plan as it will facilitate the creation of affordable <br />housing which will serve the residents of the neighborhood and the City. <br />L. The DDA as amended by the First Amendment would assist in the <br />alleviation or removal of blighting conditions and provide housing for low- or moderate- <br />income persons and would further the goals of the Implementation Plan by providing for <br />the development of such housing. <br />M. The City Council has duly considered all terms and conditions of the <br />proposed First Amendment and believes that the DDA as amended by the First <br />Amendment is in the best interests of the Agency and the City and the health, safety, and <br />welfare of its residents, and in accord with the public purposes and provisions of <br />applicable State and local law requirements. <br />Section 2. The foregoing recitals are true and correct and are hereby incorporated by <br />this reference. <br />Section 3. The City Council hereby finds and determines that there have been no <br />substantial changes proposed in the Station District Project as a result of the new Scope of <br />Development or the circumstances under which the Station District Project is undertaken, and <br />there is no new information with respect to the Project, which would require any major revisions <br />in the Final EIR pursuant to California Environmental Quality Act ("CEQA"). <br />Section 4. The City Council hereby adopts the Findings of Fact and Statement of <br />Overriding Considerations for the Station District Project as defined in the new Scope of <br />Development, attached as Exhibit "A". <br />3-8 <br />
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