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<br />, <br /> <br />. <br /> <br />4a <br /> <br />. <br /> <br />9806\580 <br /> <br />E. WHEREAS, a Negative Declaration was previously adopted <br />by the City Council for the project after finding that any <br />adverse impacts would be mitigated to insignificance; and <br /> <br />F. WHEREAS, the City Council finds that this First <br />Amendment 1S categorically exempt from CEQA as a minor <br />modification to a land use limitation; and <br /> <br />G. WHEREAS, on November 20, 1996, the Planning Commission <br />considered this First Amendment at a duly noticed public hearing <br />and in compliance with CEQA, and recommended to the City Council <br />that City enter into this First Amendment; and <br /> <br />H. WHEREAS, on December 9, 1997, the City Council <br />considered this First Amendment at a duly noticed public hearing <br />and in compliance with CEQA, and found that the provisions of <br />this First Amendment are consistent with the City's General Plan <br />and voted to introduce Ordinance No. 1733 authorizing the <br />execution of this First Amendment; and, <br /> <br />I. WHEREAS, on January 6, 1998, the City Council adopted <br />Ordinance No. 1733. <br /> <br />NOW, THEREFORE, the parties agree to amend the Development <br />Agreement as follows: <br /> <br />1. <br />Agreement <br /> <br />Term of Aqreement. Section 1.2 <br />is amended to read as follows: <br /> <br />of the Development <br /> <br />"The term of this Development Agreement shall <br />commence upon the effective date of the ordinance <br />approving this Development Agreement and shall continue <br />in full force and effect for fifteen (15) years <br />thereafter (i.e., until August 9, 2005), so as to <br />accommodate the phased development of the Project, <br />unless extended or earlier terminated as provided <br />herein." <br /> <br />2. All of the terms and conditions of the Development <br />Agreement not modified by this First Amendment shall remain in <br />full force and effect. <br /> <br />BPHSF6,CJB\0212254.02 <br />01/05/98 <br /> <br />2 . <br />