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<br />(I) On February 15, 2000, the City Council adopted Resolution No. 00-013 <br />certifying the Final Environmental Impact Report (State Clearing House No. 96-013005) for the <br />San Francisco Water Department Bernal Property Specific Plan (the "EIR") in accordance with <br />the California Environmental Qua1ity Act ("CEQA"). <br /> <br />(2) On August 21, 2000, the City Council, after conducting a duly noticed <br />public hearing and making appropriate findings, adopted a Statement of Overriding <br />Considerations and a Mitigation Monitoring Program and approved the Initial Project Approvals. <br />In connection with City's review and approval of the Initial Project Approvals, City, acting as <br />the lead agency under CEQA, reviewed the EIR and determined that none of the elements set <br />forth in Public Resources Code 921166 or 915162 of the CEQA Guidelines ("CEQA <br />Guidelines") exists and therefore determined, in accordance with 915096 of the CEQA <br />Guidelines, that no subsequent or supplemental EIR is required to be prepared prior to granting <br />the Initial Project Approvals. <br /> <br />(3) On August 21, 2000, the City Council adopted Resolution No. 00-111 <br />approving the "Bernal Property Specific Plan" (the "Specific Plan") for the Property consisting <br />of (a) approximately 170 acres of commercial, office, medium and high density residential, open <br />space, and park and recreational uses (the "PUD Properties"), (b) an additional 138 acres of <br />potential park and recreational uses and (c) approximately I 92 acres of unspecified use. <br /> <br />(4) On August 28, 2000, the City Council adopted Ordinance No. 1813 <br />rezoning approxirnately 70 acres of the Property and prezoning approxirnately 430 acres of the <br />Property to the Plarmed Unit Development ("PUD") District and adopted Ordinance No. 1814 <br />approving a PUD Plan for the development of the PUD Properties. <br /> <br />(5) On August 28, 2000, the City Council adopted Ordinance No. 1815, <br />approving this Development Agreement. <br /> <br />(6) On August 21, 2000, the City Council adopted Resolution No. 00-112 <br />approving a growth management allocation for the Property and authorizing the execution of the <br />Growth Management Agreement. <br /> <br />(7) On August 21, 2000, the City Council adopted Resolution No. 00-113, <br />authorizing the execution of an "Affordable Housing Agreement", which agreement sets forth <br />the understanding of the parties with respect to the affordable housing component of the Project. <br /> <br />The approvals, development policies and agreements described in subparagraphs (I) through (7) <br />above shall be collectively referred to herein as the "Initial Project Approvals." Approvals <br />issued after the Initial Project Approvals, including but not limited to any CEQA compliance <br />requirements, for development of the Property, shall be referred to as the "Subsequent <br />Ministerial Approvals" or "Subsequent Discretionary Approvals" or collectively as the <br />"Subsequent Approvals," as defined herein. The Initial Project Approvals and Subsequent <br />Discretionary Approvals shall be collectively referred to herein as the "Project Approvals." All <br />references herein to Initial Project Approvals, Subsequent Ministerial Approvals, Subsequent <br />Discretionary Approvals, Subsequent Approvals or Project Approvals shall mean and include <br />those approvals as they may be amended from time to time. <br /> <br />356901849375v14 <br /> <br />- 3- <br /> <br />08125100 <br />