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ORDINANCE NO. NS-2106 092 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 as amended by the General Plan Amendment refE;lrenced. pelow (the "General Plan"). Prior to or concurrently with its approval of this Development Agreement and the Development, the City Council of the City (the "City Council") has also approved: (a) the Final Environmental Impact Report ("EIR"), state Clearing House No. 88122115, consisting of the PacTel Office Tower, Hutton Centre, Draft Environmental Impact Report, dated November 6, 1989, an Addendum to Draft Environmental Impact Report, dated November 30, 1990, and the Response to Comments, Final Environmental Impact Report, pactel Office Tower, Hutton Center; (b) General Plan Amendment No. 90-14 pursuant to Resolution No. 90-118 (hereinafter the "General Plan Amendment"); and (c) a vesting Tentative Map No. 89-320 (the "Map") wi th respect to the Property. The city's Planning Manager has approved a site plan for the Property (DP No. 89-151) on (the "site Plan"), a reduced copy of which is attached to this Agreement as Exhibit C. D. The Development of the Property, which is located within the existing Hutton Centre development and designated by the City's General Plan as a "District Center," has been found by the City to provide substantial public benefits and help attain certain public objectives, including without limitation: (a) the further development of a "District Center" within the city, which will provide a long-term source of employment opportunities and revitalization of the economic base of the community; (b) providing the city directly with additional revenue in the form of sales taxes, rental taxes, and increased real property taxes; (e) providing retail and commercial facilities for the business community in the area of the Development; (d) providing funds for the widening and improvement of certain streets as specified herein. E. certain development risks and uncertainties associated with the long-term nature of the Development, including the cost of the portion of these public improvements, could discourage and deter Developer or any subsequent owner of the Property from ma~ing the long-term commitments necessary to fully develop the Property; therefore, the parties desire to enter into this Development Agreement in order to reduce or eliminate uncertainties to such development over which the City has control. F. The Development and the use which Developer proposes in connection with the Property have been extensively reviewed and considered by the City and its officers, agencies anduepartments, and such proposed Development and use have been found to accommodate the city's recommendations and suggestions in order to protect the pUblic's interest and to enhance the desirability, from the pUblic's perspective, of such proposed Development and use. 2 II