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DEVELOPMENT AGREEMENT NO. 2023-02 <br />This Development Agreement ("Agreement") is entered into as of this � day of <br />2024 by and between the City of Santa Ana, California ("City") on the one hand, and RCR BRISTOL, <br />LLC, a Delaware limited liability company ("Owner" or "RCR"), on the other hand. City and Owner <br />may be referred to in this Agreement individually as a "party" or collective as the "parties." <br />RECITALS <br />A. City is authorized to enter into binding development agreements with persons having legal or <br />equitable interests in real property for the development of such property, pursuant to Section <br />65864, et seq. of the Government Code. RCR has an option to enter into a long-term ground <br />lease to the Property, which ground lease constitutes an equitable interest in the Property. <br />B. This Agreement constitutes a current exercise of City's police powers to provide predictability to <br />RCR in the development approval process by vesting the permitted uses, density, intensity of use, <br />timing and phasing of development, and applicable ordinances consistent with the Development <br />Plan in exchange for RCR's commitment to provide significant public benefits to City as set forth <br />in Section 4 below. <br />C. RCR has requested that City enter into this Agreement and proceedings have been taken in <br />accordance with applicable State law and the rules and regulations of the City in furtherance <br />thereof. <br />D. The best interests of the citizens of the City of Santa Ana and the public health, safety and <br />welfare will be served by entering into this Agreement. <br />E. The City Council hereby finds and determines that this Agreement is of major significance <br />because it will provide significant economic benefit to the City through additional jobs created by <br />the construction and operation of the Project, property and sales tax revenue to the City, <br />infrastructure improvements, neighborhood revitalization, and general economic benefit. <br />F. The provision by RCR of the public benefits as set forth in Section 4 below allows the City to <br />realize significant economic, recreational, open space, educational, social, and other public <br />benefits to City. These public benefits will advance the interests and meet the needs of Santa Ana <br />residents and visitors to a significantly greater extent than would development of the Property <br />without this Agreement. <br />G. The physical effects, if any, of the Project and this Agreement have been analyzed pursuant to the <br />California Environmental Quality Act as amended to date and as documented in the Final <br />Environmental Impact Report entitled "Related Bristol Specific Plan Final Supplemental <br />Environmental Impact Report" (State Clearinghouse House No. 2020029087 and City of Santa <br />Ana DP No. 2022-31 ("Project FEIR"). <br />H. This Agreement and the Project are consistent with the Santa Ana General Plan. <br />I. All actions taken and approvals given by City have been duly taken or approved in accordance <br />with all applicable legal requirements for notice, public hearings, findings, votes, and other <br />procedural matters. <br />-I- <br />Exhibit 4 <br />