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WHEREAS it was determined on a preliminary basis that greater development and transit <br />access flexibility could be achieved by combining these properties; and <br />WHEREAS City and Agency staff, San Francisco Bay Area Rapid Transit District (BART), <br />and Westlake Development Partners, LLC have negotiated an Exchsive Negotiating Agreement, <br />under which Westlake Development Partners, LLC would further investigate site conditions and <br />development possibilities, eventually leading to some form of development agreement to be <br />detern~ined, between the City, Agency and Westlake Development Partners, LLC; and <br />WHEREAS an Amendment to address the issue of Civic Engagement as been prepared; <br />and <br />WHEREAS the City has been presented with the Amendment 1 to the Exclusive <br />Negotiating Agreement and is familiar with the contents thereof; <br />NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as <br />follows: <br />That Amendment 1 to the Exclusive Negotiating Agreement with Bay Area Rapid Transit <br />District (BART) and Westlake Development Partners, LLC is hereby approved, and the City <br />Manager is authorized to execute it. <br />Introduced by Councilmember Grant and passed and adopted this 17th day of March, 2008 <br />by the following called vote: <br />Members of the Council: <br />AYES: Councilmembers Grant, Gregory, Prola, Souza, Starosciak, Stephens; <br />Mayor Santos (7) <br />NOES: None (~) <br />ABSENT: None <br />ATTEST: <br />Marian Handa, City Clerk <br />(0) <br />RESOLUTION NO. 2008-029 2 <br />