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DRAFT <br />RECORDING REQUESTED BY <br />AND WHEN RECORDED RETURN TO: <br />City of Pleasanton <br />City Clerk's Office <br />123 Main Street <br />Pleasanton, CA 94566 <br />Recording Fees Exempt Pursuant to Government Code § <br />27383 <br />ABOVE SPACE FOR RECORDER'S USE <br />THIS DEVELOPMENT AGREEMENT ( "Agreement ") is made and entered into <br />in the City of Pleasanton on this _ day of , 2013, by and between the City of <br />Pleasanton, a municipal corporation (the "City "), and Pleasant Partners, LLC, a Delaware <br />limited liability LLC, (the "Developer "), pursuant to the authority of California <br />Government Code sections 65864 et seq. <br />RECITALS <br />A. To strengthen the public planning process, encourage private participation <br />in comprehensive planning and reduce the economic risk of development, the Legislature <br />of the State of California enacted California Government Code sections 65864 et seq. (the <br />"Development Agreement Statute "), which authorizes City to enter into an agreement <br />with any person having a legal or equitable interest in real property regarding the <br />development of such property. <br />B. Developer has a legal interest in certain real property located in the City of <br />Pleasanton, County of Alameda, California consisting of approximately 60.897 acres <br />located at 4400 -4600 Rosewood Drive, as more particularly described in DA Exhibit A -1 <br />attached hereto, and as diagrammed in DA Exhibit A -2 attached hereto ( "California <br />Center "). California Center is located within the Hacienda Business Park. which <br />comprises approximately 730 acres within the City ( "Hacienda "). <br />C. In October 2010, the City Council confirmed an 11- member Housing <br />Element Task Force (Task Force) with the mission to oversee the update of the City's <br />Housing Element. After nine Task Force meetings, four community workshops, input <br />from housing experts, and extensive community input, the Task Force recommended a <br />draft list of sites for rezoning to residential uses. On recommendation of the Planning <br />Commission, the City Council, at a duly noticed public hearing, rezoned an 8.4 -acre <br />portion of California Center as one of nine rezoned sites, to Planned Unit <br />Development -High Density Residential (PUD -HDR) to allow high - density residential use <br />on the site consistent with the Task Force recommendations, the Housing Commission <br />recommendations from its November 17, 2011 hearing and the direction of the Planning <br />Commission -City Council Joint Workshop held December 6, 2011. <br />1 <br />