RESOLUTION OF THE CITY COUNCIL OF KETTERING APPROVING A GIVEN COOPERATION AND FINANCIAL AGREEMENT BETWEEN HARWELL REAL ESTATE GROUP AND THE CITY OF KETTERING.

WHEREAS, the City of Kettering (the “City”) has entered into the given Financing and Cooperation Agreement (“Agreement”) with Harwell Real Estate Group (HREG) as authorized and approved for execution by the City Council of Kettering (the “Council”); and

WHEREAS, the City Council ponders about availing funds for the implementation of the proposed Agreement, which will depend on the financial benefit that would accrue to the City based on the performance of the project that has been agreed upon; and

WHEREAS, the city is required according to the Development Agency’s Participation Agreement to broker employee’s development benefits with HREG and the County in relation to the number of employment opportunities that will be generated within the Little League Heights Town Center’ area of the project that has a positive financial benefit to the City’s General Fund; and

WHEREAS, the implementation of the Agreement constitutes a “Project” according to the California Environmental Quality Act (CEQA) Section 15378(a), and a Mitigated Negative Declaration is feasible; and

WHEREAS, the City Council view it as being appropriate to approve and authorize the execution of the Agreement by and between the City substantially in the form as attached hereto for the purpose of providing the source of funds required of the City to fulfill its obligations to Harwell Real Estate Group Pursuant to the Agreement.

NOW, THEREFORE, THE CITY COUNCIL, AS THE GOVERNING BODY OF THE CITY OF KETTERING, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS.

Section 1. The City Council has determined that the recitals involved are correct and accurate in all respects

Section 2. The City Council therefore approves the Agreement as outlined in the form as attached with such modifications and additional changes as considered necessary by the City Attorney to implement the intent of this Resolution and stated Agreement.

Section 3. The City Council thus authorizes the execution of the final form of the Agreement by the City Clerk and City Administrator or the Mayor when the final form will be presented for execution by the City Attorney.

Section 4. The approval, execution and implementation of the Agreement constitutes a “Project” according to the California Environmental Quality Act (CEQA) Section 15378(a), and there is the need for a mitigated negative declaration.

Section 5. The resolution will take effect as per the date set forth in the City Charter and will not be amended in a way that will affect the rights of the parties involved as long as the Agreement stands and requires performance obligations of the parties.

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