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EIR was certified by the County Board of Supervisors on March 7, <br />1991. <br />D. The Rezoning was approved by the County's Planning <br />Commission on October 1, 1990 and Developer anticipates <br />submitting the Rezoning to the County Board of Supervisors for <br />approval as soon as possible. The conditions to the Rezoning <br />(the "Zoning Conditions") as approved by the County Planning <br />Commission and as proposed for approval by the County Board of <br />Supervisors are attached hereto as Exhibit "B". The County Board <br />of Supervisors has developed a concept for the South Livermore <br />Plan (the "South Livermore Plan Concept"), with the input of the <br />City Council of the City, a copy of which is attached hereto as <br />Exhibit "E". The. Property is within the geographic area covered <br />by the South Livermore Plan Concept. <br />E. A portion of the Property is currently within the City's <br />adopted sphere of influence and the balance of the Property is <br />not currently within the sphere of influence of any city. As <br />provided herein the parties intend to have the Property annexed <br />into the City, thereby giving City land use control over the <br />Property. <br />F. There is public benefit to be derived from development <br />of the Property in accordance with (i) the Rezoning, including <br />the Zoning Conditions, (2) the goals, policies and standards of <br />the South Livermore Plan Concept and (3) the terms and conditions <br />hereinafter set forth in this Agreement. <br />[Draft 8/1/91] 2 <br />