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issued m~ter the Initial Project Approvals, including but not limited to any subsequent or <br />s~pplemental environmental impact report for development of the Property, shall be referred to <br />a~ the "Subsequent Ministerial Approv~'~ ~or~Subsequent Discretionary Approvals" or <br />collectively as the "Subsequent Approvals," as defined herein. The Initial Project Approvals and <br />Sl~b~quent Discretionary Approvals shall be collectively referred to herein as the "Project <br />Al~pmvals.' All references herein to Initial Project Approvals, Subsequent Ministerial <br />Ai~rovals, Subsequent Discretionary Approvals, Subsequent Approvals or Project Approvals <br />shall m~n and include those approvals as they may be amended f~om time to time. <br /> <br /> J. The terms end conditions of this Development Agreement have undergone <br />extensive review by the City staff, itl Planning Commission, and ill City Council at publicly <br />noticed meetings and have been found by the City Council to be fair, just, and reasonable and in <br />conformance with the City's General Plan end Bemal Property Specific Plan. Further, the City <br />Council finds that the economic interests of the City's residents and the public health, safety, and <br />welfare will be best served by entering into this Agreement. City has given notice of its intention <br />to adopt this Development Agreement, conducted public hearings thereon pursuant to <br />Oovemment Code § 65867 and, on ,2000, adopted Ordinance No. <br />approving the Development Agreement. <br /> <br /> K. For reasons recited herein, the City and the Property Owner have determined that <br />the Project is a development for which this Development Agreement is appropriate. This <br />AgreeroC, nt will in turn eliminate uncertainty in planning for and securing controlled and orderly <br />development, consistent with the Growth Management Agreement, installation of necessary <br />improvements, provide for public services as appropriate for the development of the Property, <br />and otherwise achieve the goals and purposes for which the Development Agreement Legislation <br />was enacted. <br /> <br />NOW, THEREFORE, it is agreed by the City and Property Owner as follows: <br /> <br />ARTICLE 1. <br /> <br />PROPERTY AND TERM <br /> <br /> 1.1 ProtmW Subject to this Develooment Am'cement. All of the Property shall be <br />subject to this Development Agreement. The parties intend that the provisions of this <br />Development Agreement shall constitute covenants which shall run with the Property and the <br />benefits and burdens here°f shall bind and inure to all oftbe successors in interest to the Property <br />and City. <br /> <br /> 1.2 II!~l.9.t_,~lt~ll~ll. The term of this Development Agreement shall commence <br />upon the Date of Execution and shall continue in full force and effect for ten (10) years <br />thereat~, so as to accommodate the phased development of the Project, unless extended or <br />earlier ~ as provided herein. <br /> <br /> If any litigation affecting the Property is filed challenging the Initial Project Approvals <br />(including but not limited to any environmental determinations and review related to any of the <br />foregoing), any. Subsequent Approval, or otherwise raising issues of the validity of the General <br /> <br />35690/~49375v5 = 4 - <br /> <br /> <br />