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(5) PUD Development Plan and Design Review. Following review and recommendation by the City Planning Commission and after a duly noticed public hearing, preparation and consideration of an Addendum to the Housing Element EIR and approval of the GPA and the PUD Modification, the City Council, by Ordinance No. , approved the PUD Development Plan (PUD-87) for the Project as more particularly described in attached DA Exhibit B (the "Project Design Review"). (6) Growth Management Agreement. Following review and approval of the Project Design Review, the City Council, by Resolution No. 13- determined that it was in the best interests of the City to approve a Growth Management Agreement covering the Project Site (the "GMA") and further determined that the City's obligations to meet its RHNA is best served if City issues the residential and retail building permits for the Project Site consistent with the GMA. (7) Affordable Housing Agreement. Following review and recommendation of the Housing Commission and after a duly noticed public hearing, the City Council, by Resolution No. 13- , approved an Affordable Housing Agreement covering the Residential Parcel of the Project Site (the "AHA"). (8) Development Agreement. Following review and recommendation by the City Planning Commission and after a duly noticed public hearing, the City Co incil, by Ordinance No. , determined that this Agreement was consistent with the City's General Plan, PUD 81-25 as amended by the PUD Modification, and PUD-87, and approved this Agreement. The approvals described in this Recital D are collectively referred to herein as the "Project Approvals." E. In exchange for the benefits to City described in these recitals, including but not limited to assurance that a residential project consistent with the PUD Modification and Design Guidelines intended to meet the City's RHNA can proceed, together with the other public benefits that will result from the development of the Project Site, Developer will receive by this Agreement assurance that it may proceed with the Project in accordance with the "Applicable Law" (defined below), and therefore desires to enter into this Agreement. NOW, THEREFORE, with reference to the foregoing recitals and in co asideration of the mutual promises, obligations and covenants herein contained, City and Developer agree as follows: AGREEMENT ARTICLE 1 Description of Property, Effective Date and Term Section 1.1 Description of Property. The real property which is the subject of this Agreement is the Project Site, as more particularly described and depicted in the attached DA Exhibit A-1 and DA Exhibit A-2. #12772144_v9 3