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2 <br />(“Infrastructure Element”) (collectively referred to herein as the “Developer Project <br />Elements”). The Developer Project Elements are described more fully in the DDA and in this <br />Agreement. Developer has also agreed to cooperate with the City in the formation of a <br />Community Facilities District (the “District”) under the Mello-Roos Community Facilities Act <br />of 1982 (Government Code § 53311 et. seq.), with special taxes derived from the District to be <br />used to pay for public area maintenance, public area utilities, reserves and capital expenditures <br />for public infrastructure, and administration of the District. <br />F. City desires to support and facilitate the development of the Property and the <br />Developer Project Elements in order to create new housing, lodging and restaurants, new <br />facilities to foster economic growth, and new recreational opportunities for the public in the <br />Shoreline-Marina area. The elements to be developed by City (collectively, the “City Project <br />Elements”) are described in the DDA and this Agreement, and include the design and <br />reconstruction of Monarch Bay Park and associated publicly-accessible trail elements (“Park <br />Element”); the demolition of improvements at the San Leandro Marina Harbor adjacent to the <br />Property in conformance with plans approved by the City, the San Francisco Bay Conservation <br />and Development Commission (“BCDC”) and other applicable agencies (“Harbor Element”); <br />the reconstruction of the Mulford-Marina Branch Library (“Library Element”); and the design <br />and construction of certain improvements in the public right-of-way, which provide service and <br />access to the Developer Project Elements and City Project Elements (the Developer Project <br />Elements and City Project Elements are collectively referred to herein as the “Project”). <br />G. City has taken several actions to review and plan for the future development of <br />the Project (“Project Approvals”). These include, without limitation, the following: <br />1. Environmental Impact Report. Environmental Impact Report. City has <br />undertaken, pursuant to the California Environmental Quality Act, Public Resources Code <br />Section 21000 et seq. (“CEQA”), the required analysis of the environmental effects that would <br />be caused by the Project and has determined those feasible mitigation measures which will <br />eliminate, or reduce to an acceptable level, the adverse environmental impacts of the Project. <br />The environmental effects of the proposed development of the Property were analyzed by the <br />Final Environmental Impact Report (the “FEIR”), which was recommended for adoption by the <br />Planning Commission on June 18, 2015, and certified by Resolution 2015-125, adopted by the <br />City Council on July 20, 2015. City has also adopted a mitigation monitoring and reporting <br />program (the “MMRP”) to ensure that those mitigation measures incorporated as part of, or <br />imposed on, the Project are enforced and completed. Those mitigation measures for which <br />Developer is responsible are incorporated into, and required by, the Project Approvals. The City <br />adopted three addenda to the FEIR (the “FEIR Addenda”) based upon changes in the Project <br />after the FEIR was certified by the City Council. The first FEIR Addendum was recommended <br />for adoption by the Planning Commission on February 6, 2020 and certified by Resolution 2020- <br />019 adopted by the City Council on February 24, 2020. The second FEIR Addendum was <br />recommended for adoption by the Planning Commission on April 21, 2022 and certified by <br />Resolution 2022-083 adopted by the City Council on May 16, 2022. The third FEIR Addendum <br />was recommended for adoption by the Planning Commission by Resolution No. 2022-003 on <br />June 2, 2022 and certified by Resolution No. ______________ adopted by the City Council on <br />June 21, 2022.