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J. Development of the Property in accordance with this Agreement will provide substantial benefits <br />to City and will further important policies and goals of City. <br />K. This Agreement will eliminate uncertainty in planning and provide for the orderly development of <br />the Property, ensure progressive installation of necessary improvements, provide for public <br />services appropriate to the development of the Project, and generally serve the purposes for which <br />development agreements under Section 65864, et sM. of the Government Code are intended; <br />COVENANTS <br />NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter <br />contained and for other good and valuable consideration, the receipt and adequacy of which are hereby <br />acknowledged, the parties agree as follows: <br />1. DEFINITIONS AND EXHIBITS. <br />1.1. Definitions. The following terms when used in this Agreement (including in the recitals <br />above) shall be defined as follows: <br />I.I.I. "Agreement' means this Development Agreement. <br />1.1.2. "City" means the City of Santa Ana, a charter city and California municipal <br />corporation. <br />1.1.3. "City Council" means the duly elected city council of the City of Santa Ana. <br />1.1.4. [INTENTIONALLY OMITTED] <br />1.1.5. "Development' means the improvement of the Property for the purposes of <br />completing the structures, improvements and facilities comprising the Project including, but not <br />limited to: grading; the construction of infrastructure and public facilities related to the Project <br />whether located within or outside the Property; the construction of buildings and structures; and <br />the installation of landscaping. "Development' does not include the maintenance, repair, <br />reconstruction or redevelopment of any building, structure, improvement or facility after the <br />construction and completion thereof. <br />1.1.6. "Development Exaction" means any requirement of City in connection with or <br />pursuant to any Land Use Regulation or development approval for the dedication of land, the <br />construction of improvements or public facilities, or the payment of fees in order to lessen, offset, <br />mitigate or compensate for the impacts of development on the environment or other public <br />interests. <br />1.1.7. "Development Impact Fee" means a monetary exaction other than a tax or special <br />assessment, whether established for a broad class of projects by legislation of general <br />applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency <br />to the applicant in connection with approval of a development project for the purpose of <br />defraying all or a portion of the cost of public facilities related to the development project, but <br />does not include park "in lieu" fees specified in Government Code Section 66477, fees for <br />processing applications for governmental regulatory actions or approvals, or fees collected under <br />-2- <br />55394.00053\31891805. 16 <br />