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RECORDING REQUESTED BY WHEN RECORDED MAIL TO: Clerk Of the Council City of Santa ina 20 Civic Cente= Plaza Santa Ann, CA 92701 BOOK/PAGE NO: ~i'~' DEED NO. TIME: _~ :oo (Above Space for Recorder's Use Only) DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ('Development Agreement') is made and entered into this 4th day of _~, 1988, by and bptween the CITY OF SANTA ARA, a municipal corporation organized and existing under the laws of the State of California ('City'), and BGS PARTNERS, a California limited partnership ('Developer'). A. California Government Code Section 65864, et seq., provides that the legislative body of a city may enter into a development agreement for the development of real property in order to vest certain rights in the developer and to meet certain public purposes of the local government. Pursuant to California Government Code Section 65865, the City has adopted its Resolution NO. 82-92, establishing procedures and requirements for the approval of development agreements. Developer has applied to City pursuant to California Government Code Sect'ions 65864-65869.5, and pursuant to said Resolution for approval of the Development Agreement set forth herein. B. The City desires to enter into this Development Agreement with the Developer in order to facilitate the development of certain property (the 'Property') known as 'MacArthur Place' (the 'Development'), more fully described in Eshibit 'A' and shown on the map set forth on Exhibit 'B', both attached hereto. Such development shall be in accordance with the Specific Development Plan NO. 43 approved by the City pursuant to the City Ordinance by which this Agreement is approved and on file with the City Clerk and incorporated herein by reference (the 'SD"). The City has given notice of its intention to adopt this proposed Development Agreement, has conducted public hearings thereon pursuant to Government Code Section 65867, and City's Resolution No. 82-98 and has found that the provisions of this Development Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in the City's General Plan and the SD. In connection with its approval of the Development, a Final Environmental Impact Report ("EIR') was prepared and certified by the City Council on December 7, 1987. A Tentative Map No. '13216 (the "Map') with respect to the Property, designed for multiple phased final maps (authorized pursuant to Government Code Section 66455.1) .was also approved by the City on December 7, 1987. A Disposition and Development Agreement ('D.D.A.') pertaining to the Development is currently being negotiated between Developer and the Community Redevelopment Agency of the City of Santa Ann. 0380H/B0488-006 sjq:01/ll/88