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DISCUSSION <br /> This matter was to be considered by the City Council on July 20, 2010, but was <br /> continued to tonight's meeting. Pursuant to state law, development agreements, and <br /> amendments thereto, shall be adopted by ordinance. The Government Code provides <br /> that an ordinance must be introduced at one meeting, adopted at another, and then <br /> does not take effect until after the passage of thirty days. The current Development <br /> Agreement expires September 27, 2010. Introduction of an ordinance amending the <br /> Development Agreement through September 27, 2017, followed by adoption on <br /> September 7, would make for an effective date of the extension of October 8, 2010, <br /> thereby leaving a several day gap when the Development Agreement would not be in <br /> effect. <br /> To remedy this situation, a modification to the Amendment to the Development <br /> Agreement is proposed whereby the parties specifically agree that the Amendment is <br /> effective as of September 7, 2010, the date that the Council would adopt the ordinance <br /> approving the Amendment. The attached Amended Attachment 1 reflects this change <br /> in both its introductory sentence and in Section 1 of the document, and these are <br /> illustrated in highlighted text. Similarly, the Ordinance approving the Amendment to <br /> Development Agreement reflects the updated introduction and adoption dates, and <br /> clarifies the parties' intent that the effective date of the Amendment be September 7, <br /> 2010, following the Ordinance taking effect. <br /> Submitted by: Approved by: <br /> jJk <br /> /( . <br /> Brian Dolan Jonathan P. Lowell Nelson Fialho <br /> Director of City Attorney City Manager <br /> Community Development <br /> Attachments: <br /> 1. Draft ordinance <br /> 2. Amendment to Development Agreement <br /> 2 of 2 <br />