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Development of the Property in accordance with this Agreement will provide substantial benefits to City and will further important politics and goals of City. K. This Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Section 65864, et scc . of the Government Code are intended; COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: DEFINITIONS AND EXHIBITS. 1.1. Definitions. The following terms when used in this Agreement (including in the recitals above) shall be defined as follows: 1.1.1. "Agreement' means this Development Agreement. 1.1.2. "City" means the City of Santa Ana, a charter city and California municipal corporation. 1.1.3. "City Council' means the duly elected city council of the City of Santa Ana. 1.1.4. (INTENTIONALLY OMITTED] 1.1.5. "Development' means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. "Development' does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 1.1.6. "Development Exaction" means any requirement of City in connection with or pursuant to any Land Use Regulation or development approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.1.7. "Development Impact Fee" means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include park "in lied' fees specified in Government Code Section 66477, fees for processing applications for governmental regulatory actions or approvals, or fees colleeted under -2- 11B-15