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pursuant to Health and Safety Code § 33433; and <br />WHEREAS, The Agency. has held a properly noticed public hearing and taken all other <br />actions required by law to prepare and present the Reuse Report; and <br />WHEREAS, the Council does hereby take official notice of all documents, surveys, <br />records and reports maintained in the ordinary course of business by the Agency and the City of <br />San Leandro relating to the real properties which are the subject of the Reuse Report, and the <br />Council has considered the report and recommendations regarding the Reuse Report, and has <br />provided an opportunity for all persons to be heard, and has received and considered all <br />evidence and testimony presented for or against any and all aspects of the Reuse Report; and <br />WHEREAS, the City Council is familiar with the contents of the Agreement; and <br />follows: <br />WHEREAS, the City Manager recommends approval of the Agreement. <br />NOW, THEREFORE, the City Council of the City of San Leandro hereby resolve as <br />Section 1. The Reuse Report required by Health and Safety Code § 33433, copies of <br />which are on file in the office of the City Clerk, and all related documents, correspondence and <br />transmittals, including those documents relating to the Disposition and Development Agreement, <br />copies of such Agreement are also on file in the office of the City Clerk, are hereby approved. <br />Section 2. The Disposition and Development Agreement entered into between the <br />Agency and Lavery California Dealership Properties No.1, L.L.C. is hereby approved. <br />Section 3. The City accepts the hazardous materials indemnification provisions <br />contained within the Agreement. <br />Introduced by Councilmember Nardine <br />October, 2001, by the following called vote: <br />Members of the Council: <br />and passed and adopted this 1~ day of <br />Ayes: Council Members Badger, Glaze, Loeffler, Nardine, Santos; <br />Mayor Young ( 6 ) <br />NO@S: Council Member Grant ( 1 ) <br />Absent: None (0 ) <br />~ ~ <br />Attest: <br />Gayle tersen, City Clerk <br />2 <br />