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1 <br />WHEREAS, prior to approving the project, City adopted a <br />Mitigated Negative Declaration in which certain measures <br />were mutually agreed upon by City and Developer so as to <br />avoid potential significant adverse impacts; and <br />WHEREAS, mitigating measures included (1) financial <br />participation by Developer in certain studies and (2) agreement <br />to participate in assessment districts or other .funding <br />mechanisms for certain improvements, both to be done prior <br />to the issuance of a building permit on the project site; <br />and <br />WHEREAS, the studies required are currently underway,. <br />but the final cost and method of allocating the cost among <br />' several projects has. not yet been determined, it being the <br />City's desire to spread the total cost of the studies fairly <br />among participating projects; and <br />WHEREAS, Developer desires to secure building permits <br />for the above-referenced project as soon as possible, prior <br />to the completion of, and determination of the .financing of, <br />the studies required; and <br />WHEREAS, City may adequately protect-its interest in <br />securing payment for the studies through this Agreement and <br />finds that it is in the public interest to allow Developer <br />to proceed in ..advance of their completion. <br />NOW, THEREFORE, City and Developer hereby agree as <br />follows: <br />-2- <br />