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Exhibit_~ attached hereto. Additional Parcel No. 3 is presently owned by the city and is described in Exhibit E, attached hereto. The Original Parcel, Additional Parcel No. l, Additional Parcel No. 2, and Additional Parcel No. 3 are herein referred to collectively as the "Property." C. The City has conducted duly noticed public hearings on this proposed Development Agreement pursuant to Government Code Section 65867 and 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 as amended by the General Plan Amendment referenced below (the "General Plan"). Prior to or concurrently with its approval of this Development Agreement, the City Council of the City (the "city Council") has also approved: General Plan Amendment 95-1 and Zoning Amendment AA 95-2. D. As permitted by law, the City and the Developer desire to establish design and development standards for the entire build-out period of the Development, including all phases thereof, if any, the permitted uses for the Development, and to identify the scope of public infrastructure improvements to be required for, and as a result of, the Development. E. The City, by electing to enter into contractual agree- ments such as this one, acknowledges that the obligations of the city shall survive beyond the term or terms of the present City Council members, that such action will serve to bind the city and future city Councils to the obligations thereby undertaken, and this Development Agreement shall limit the future exercise of certain governmental and proprietary powers of the City. By approving this Development Agreement, the City Council has elected to exercise certain governmental powers at the time of entering into this Development Agreement, rather than deferring its actions to some undetermined future date. The terms and conditions of this Development Agreement have been found to be fair, just and reasonable, and the city has concluded that the pursuit of the Development will serve the best interests of its citizens and the public health, safety and welfare will be best served by entering into this obligation. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consider- ation, the adequacy and receipt of which is hereby acknowledged, the parties do hereby agree as follows: This Development Agreement pertains initially to the'original Parcel. This Development Agreement shall apply to Additional Parcels Nos. 1, 2 and 3 at such time as the Developer acquires 2