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Section 5. The Agency hereby finds and determines that the MMRP adopted by the <br />Agency on June 7, 2010 remains in effect. <br />Section 6. The Agency hereby finds and determines that the terms of the Settlement <br />Agreement do not require revisions to the Final EIR or further environmental analysis either <br />because the terms do not involve new significant environmental impacts or a substantial <br />increase in the severity of an impact, and/or have no potential to result in a direct or indirect <br />physical change in the environment, and/or are otherwise exempt from CEQA. <br />Section 7. The Agency hereby finds and determines that, based upon substantial <br />evidence provided in the record before it, the First Amendment is consistent with the provisions <br />and goals of the Implementation Plan <br />Section 8. The Agency hereby approves the First Amendment between the Agency <br />and Developer, in the form of the First Amendment. <br />Section 9. The Executive Director and the Agency Secretary are hereby authorized to <br />execute and attest the First Amendment, including any related attachments, on behalf of the <br />Agency. Copies of the final form of the First Amendment, when duly executed and attested, <br />shall be placed on file in the office of the City Clerk. <br />Section 10. The Executive Director (or his/her duly authorized representative) is further <br />authorized to implement the First Amendment and take all further actions and execute all <br />documents referenced therein and/or necessary and appropriate to carry out the First <br />Amendment. The Executive Director (or his/her duly authorized representative) is hereby <br />authorized to the extent necessary during the implementation of the First Amendment to make <br />technical or minor changes thereto after execution, as necessary to properly implement and <br />carry out the First Amendment, provided the changes shall not in any manner materially affect <br />the rights and obligations of the Agency. <br />Section 11. The Agency Secretary shall certify to the adoption of this Resolution. <br />CRA Resolution No. 2011-005 <br />Page 3 of 4