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C. The City and Developer desire to extend the term of the Agreement and <br /> First Amendment thereto. In order to strengthen the public planning process, encourage <br /> private participation in comprehensive planning, secure the orderly development of the <br /> Project and provide greater opportunities for traffic management and cohesive, attractive site <br /> design and improvements and related economic benefits to the City, the City has determined <br /> that this Second Amendment is an appropriate supplement to the Agreement and First <br /> Amendment thereto. <br /> D. For the original Development Agreement, the City adopted a mitigated <br /> negative declaration. The remaining 362,790 square foot expansion of the Project as <br /> permitted by the Agreement, First Amendment, and this Amendment, was covered by that <br /> original mitigated negative declaration, as well as considered as part of the EIR for the <br /> Pleasanton 2005-2025 General Plan certified in July 2009, and the SEIR for the Housing <br /> Element Update and Climate Action Plan General Plan Amendments certified in January <br /> 2012. <br /> E. On May 8, 2013, after conducting a duly noticed public hearing, the City <br /> Planning Commission recommended that the City Council approve this Second Amendment, <br /> based on the following findings and determinations: that this Second Amendment is <br /> consistent with the objectives, policies, general land uses and programs specified in the <br /> City's General Plan; is compatible with the uses authorized in and the regulations prescribed <br /> for the land use district (C-R (Regional Commercial)) in which the Property is located; is in <br /> conformity with public convenience, general welfare and good land use practices; will not <br /> be detrimental to the health, safety and general welfare of the City or the region surrounding <br /> the City; will not adversely affect the orderly development of property or the preservation of <br /> property values within the City; and will promote and encourage the development of the <br /> Project by providing a greater degree of certainty with respect thereto. <br /> Thereafter, on June 4, 2013, the City Council held a duly noticed public hearing <br /> on this Second Amendment and made the same findings and determinations as <br /> the Planning Commission. On that same date, the City Council made a decision <br /> to approve this Second Amendment by introducing Ordinance No. . On <br /> , 2013, the City Council adopted Ordinance No. <br /> NOW, THEREFORE, pursuant to the authority contained in California <br /> Government Code Sections 65864-65869.5, and in consideration of the mutual covenants <br /> and promises of the parties herein contained, the parties agree as follows: <br /> 1. Section 2.2 is hereby amended and restated as follows: <br /> 2.2 Term. The term of this Agreement and Developer's rights <br /> and obligations hereunder shall terminate on December 31, 2017. <br /> 2. Except as expressly modified by this Second Amendment, the City <br /> and Developer hereby ratify and confirm the terms and conditions of the <br /> Agreement and First Amendment, which are fully incorporated herein by <br /> reference and shall continue in full force and effect. <br /> Page 2 <br />