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301 <br /> <br />mitigation measure the installation of the McGaw overcrossing as <br />a condition to the construction of subsequent phases of the <br />Development. Developer and City further acknowledge that the <br />construction of the McGaw overcrossing would involve and require <br />the consent and cooperation of the City, of Irvine, California <br />Department of Transportation and the County of Orange. <br /> <br /> 2~. Counterparts. This Development Agreement has been <br />executed in one or more counterparts, each of which has been <br />deemed an original, but all of which constitute one and the same <br />instrument. <br /> <br />ATTEST: <br /> <br />APPROVED AS TO FORN: <br /> <br /> IR ~ITNESS ~EREOF, the undersiqned have executed this <br />Development Agreement as of the day and year first above written. <br /> <br /> "City" CITY OF SANTA ANA, a municipal <br /> corporation <br /> <br /> City Manager <br /> <br />"Developer" <br /> <br />BGS PARTNERS, a California limited <br />partnership <br /> <br />By: BCE Development, Inc., a <br /> corporation, General Partner <br /> <br />Its: <br /> <br />By: Griffin Santa Ana Properties II, <br /> a California limited <br /> partnership, General Partner <br /> <br /> By: Griffin Realty Corporation, <br /> a California corporation, <br /> its sole General Partner <br /> <br />-11- <br /> <br /> <br />