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Minutes - San Leandro City Council Meeting - January 11, 1993 Page - 19 - NEW BUSINESS (continued) Steve Meyers said the MOU was prepared and sent to the developer and the developer had executed it. He said, if the Council approved it without any changes, the Mayor would be authorized to sign it, and the City Council would have a contract. If the City Council makes changes in the MOU, we would have to go back to the developer and determine whether he' s prepared to sign it. If he signs it, there is a contract; if not, there is not a contract. Mayor Karp then called for the vote. The following Motion was approved. Minute Order No. 93-02. Matter of Memorandum of Understanding Between the City of San Leandro and the Hayward Exchange, Inc. , Regarding Withdrawal of Appeal and Other Conditions in Exchange for Mitigation Measures Related to the Dunsmuir Heights Development in Oakland. (2721) On motion by Council Member Faria, who moved its approval , seconded by Council Member Kerr, and carried by the following called vote, the City Council approved the Memorandum of Understanding with the Hayward Exchange related to Dunsmuir Heights, with the following amendment following paragraph 2 . f. (2) : For purposes of this paragraph, should the City increase its traffic impact fees pursuant to Title VII , Chapter 11 of the San Leandro Municipal Code, then in such event, and at the time of issuance of the first building permit for Dunsmuir Heights, the per unit fee identified herein shall be increased proportionately and Exchange agrees to pay such increased fee. AYES: Council Members Faria, Kerr, Myers, Perry; Mayor Karp ( 5 ) NOES: Council Member Corbett ( 1 ) ABSENT: Council Member Polvorosa ( 1 ) Mayor Karp called for a Motion on the second Addendum to the Memorandum of Understanding. There was no Motion. 7. CITY COUNCIL COMMENTS None