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JWF: 8/13/97 <br />h:\ilome~joe\agmt\discover\devagmt2.cln <br /> <br /> THIS DEVELOPMENT AGREEMENT ("Development <br />made and entered into this L~4~ day of ~J Agreement") is <br /> , 1997 by <br />and between the CITY OF SANTA ANA, a char~er city and municipal <br />corporation organized and existing under the Constitution and laws <br />of the State of California ('*City"), and DISCOVERY MUSEUM OF ORANGE <br />COUNTY AN EXPLORATORY LEARNING CENTER, D/B/A DISCOVERY SCIENCE <br />CENTER, A California Non-Profit Public Benefit Corporation <br />("Developer"). <br /> <br />RECITALS <br /> <br /> A. California Government Code Sections 65864 et seq. <br />provide that the legislative body of a city may enter into a <br />development agreement for the development of real property in order <br />to, among other things: (i) vest certain rights in the developer; <br />(ii) provide certainty in the approval of development projects in <br />order to avoid the waste of resources; (iii) encourage investment <br />in and commitment to comprehensive planning which will make maximum <br />efficient utilization of resources at the least economic cost to <br />the public; (iv) strengthen the public planning process and <br />encourage private participation in comprehensive planning; and (v) <br />reduce the economic costs of development by providing assurances to <br />the developer that the developer may proceed with its projects in <br />accordance with existing policies, rules, and regulations. <br /> <br /> B. Pursuant to California Government Code Section <br />65865, 'the City has adopted its Resolution No. 82-92, establishing <br />procedures and requirements for the approval of development <br />agreements. Developer has applied to City pursuant to California <br />Government Code Sections 65864-65869.5, and pursuant to said <br />Resolution for approval of the Development Agreement set forth <br />herein. <br /> <br /> C. The City desires to enter into this Development <br />Agreement with the Developer in order to facilitate the development <br />of certain property more fully described in Exhibit "A" attached <br />hereto (the "Property") with a certain project to be known as <br />"Discovery Science Center" depicted on the map attached hereto as <br />Exhibit "B" (the "Development"). <br /> <br />D. The City has given notice of its intention to adopt <br /> <br /> <br />