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development agreements under Section 65864, et seq.. 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 />DEFINITIONS AND EXHIBITS. <br />1.1 Definitions. The following terms when used in this Agreement shall be defined as follows: <br />1.1.1 "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 "Commencement Date" means the date the Term of this Agreement commences <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 <br />including, but not limited to: grading; the construction of infrastructure and public <br />facilities related to the Project whether located within or outside the Property; the <br />construction of buildings and structures; and the installation of landscaping. <br />"Development" does not include the maintenance, repair, reconstruction or <br />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 <br />of land, the construction of improvements or public facilities, or the payment of <br />fees in order to lessen, offset, mitigate or compensate for the impacts of <br />development on the environment or other public interests. <br />1.1.7 "Development Impact Fee" a monetary exaction other than a tax or special <br />assessment, whether established for a broad class of projects by legislation of <br />general applicability or imposed on a specific project on an ad hoc basis, that is <br />charged by a local agency to the applicant in connection with approval of a <br />development project for the purpose of defraying all or a portion of the cost of <br />public facilities related to the development project, but does not include park "in <br />lieu" fees specified in Government Code Section 66477, fees for processing <br />applications for governmental regulatory actions or approvals, or fees collected <br />under development agreements adopted pursuant to Article 2.5 of the Government <br />Code (commencing with Section 65864) of Chapter 4. <br />1.1.8 "Development Plan" means the plan for development of the Property as set forth <br />in Exhibit "C". <br />55394.00002\31553187.13 <br />#21124v3 11 A-18 <br />