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250,5 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA AND BIRTCHER XEROX PARTNERS FOR XEROX CENTRE THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of this llth day of November, 1989 by and between the CITY OF SANTA ANA, a municipal corporation ("City") and BIRTCHER XEROX PARTNERS, a California general partnership ("Developer"). RECITALS This Agreement is entered into on the basis of the following facts, understandings, and intentions of the parties: A. California Government Code Sections 65864 et seq. provide 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. 82-98, establishing procedures and requirements for the approval of development agreements. Developer has applied to City pursuant to California Government Code Sections 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 develop- ment of certain property (the "Property") more fully described and depicted in Exhibit "A" attached hereto. Such development is to be in accordance with the Specific Development Plan No. 54 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 Agree- ment, 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. Prior to or concurrently with the approval of this Agreement, the City Council of the City has also approved (a) a Final Environmental Impact Report (hereinafter "EIR") State Clearing House Number 87090908 consisting of the Xerox Centre Draft Environmental Impact Report and the Xerox Centre Response to Comments and Final Environmental Impact Report (hereinafter collectively "EIR"), (b) General Plan Amendment No. 89-007 pursuant to Resolution No. 89-101 (hereinafter the "General Plan Amendment"), and (c) Vesting Tentative Map No. 88-102, designed - 1 -