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RECORDING REQUESTED BY: CITY OF PLEASANTON When Recorded, Return to: Office of the City Clerk City of Pleasanton P.O. Box 520 Pleasanton, CA 94566 Recording requested Pursuant to Govemment Code Sections 27383 & 6103 THIS DEVELOPMENT AGREEMENT ( "Agreement ") is made and entered into in the City of Pleasanton on this _ day of 20_, by and between the City of Pleasanton, a municipal corporation (the "City"), Ponderosa Homes H, Inc., a California corporation ( "Ponderosa ") and Altieri owners (the "Developer "), pursuant to the authority of California Government Code §§ 65864 et seq. RECITALS A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California enacted California Government Code section 65864 et sec . (the "Development Agreement Statute "), which authorizes City to enter into an agreement with any person having a legal or equitable interest in real property regarding the development of such property. B. Developer has a legal interest in certain real property located in the City of Pleasanton, County of Alameda, California consisting of approximately 9 acres located at, as more particularly described in Exhibit A -1 attached hereto, and as diagrammed in Exhibit A -2 attached hereto (the "Project Site "). C. The Project Site is located adjacent to the Alameda County Fairgrounds ("ACF'). ACF has leased a portion of the ACF property to Jetter Golf ( "Jetter "), a private company which operates a public golf driving range (the "Range") on the property leased from ACF. Through normal business operations, some of the golf balls from the Range land on the Project Site. The Project Site is designated in the City General Plan as Residential Low Density, 2 -8 units per acre. The Project Site is zoned PUD -MDR which is a standard single - family residential zoning in Pleasanton requiring a Planned Unit Development ( "PUD ") process to establish development standards. 1. Developer has engaged Ponderosa a homebuilder, to develop the Project Site, including the PUD development plan, California Environmental Quality Act ( "CEQA ") review and subdivision. Ponderosa has submitted an application for PUD development plan and a tentative subdivision map for 19 lots (the "Application ") for the Project Site. 2. During Ponderosa's due diligence and planning process it was determined that in order to protect the Project Site from golf balls, a golf ball net (the "Net ") would need to 1of10