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Minutes - San Leandro City Council Meeting - January 11, 1993 Page - 3 - <br /> NEW BUSINESS (continued) <br /> Mr. Meyers said it is the project as recommended by the Planning <br /> Commission, which the City Attorney's Office interprets to mean that <br /> the covenant not to sue applies to the Dunsmuir Heights project as <br /> currently before the Oakland City Council . He said, if there is a <br /> material change in the project, the covenant not to sue and the MOU <br /> have no force and effect. He said the MOU applies to this project <br /> because mitigation measures are developed from the EIR on this project. <br /> Council Member Perry asked what would trigger a material change. <br /> Mr. Meyers said, if the project changes in terms of scope and intensity <br /> and number of units, substantial enough to implicate new environmental <br /> impacts not currently part of the EIR, this would be a material change. <br /> Council Member Myers asked, if the City Council approves the MOU, can <br /> it still oppose the project verbally and in writing. <br /> Mr. Meyers said the City Council still would have the right to speak in <br /> opposition to the project, either as a Council or as individual members <br /> of the Council . He said the agreement only provides that the City <br /> Council will withdraw its formal Appeal and will not challenge in law <br /> the approval of the project. <br /> Council Member Myers asked, if another entity sues, does the MOU stand <br /> until the suit is settled? <br /> Mr. Meyers said, yes, if the project is challenged in court by someone <br /> else and is materially changed as a result of the challenge, the MOU <br /> will not apply to the new project. <br /> Council Member Myers said the MOU states the City agrees not to <br /> initiate any action in "equity. " What does that mean? <br /> Mr. Meyers said the courts exercise legal powers and equitable powers. <br /> They are both basically the same thing . <br /> Council Member Myers said the MOU states San Leandro will not <br /> "initiate" any action. Could we go along with another group that's <br /> initiating legal action? <br /> Mr. Meyers said, no. A covenant not to sue is an agreement not to <br /> participate in any litigation. <br /> Council Member Myers said the amendment states, " . . . if a Final <br /> Subdivision Map is not recorded within the time allowed by law, this <br /> MOU shall terminate. . . . " What is the time limit? <br />