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RECORDING REQUESTED BY: <br /> CITY OF PLEASANTON <br /> When Recorded,Return to: <br /> Office of the City Clerk <br /> City of Pleasanton <br /> P.O.Box 520 <br /> Pleasanton,CA 94566 <br /> Recording requested Pursuant to <br /> Government Code Sections <br /> 27383&6103 <br /> THIS DEVELOPMENT AGREEMENT("Agreement") is made and entered into in the <br /> City of Pleasanton on this_day of , 20_, by and between the City of Pleasanton, a <br /> municipal corporation(the "City"), Ponderosa Homes II, Inc., a California corporation <br /> ("Ponderosa") and Altieri owners (the "Developer"),pursuant to the authority of California <br /> Government Code §§ 65864 et seq. <br /> RECITALS <br /> A. To strengthen the public planning process, encourage private participation in <br /> comprehensive planning and reduce the economic risk of development,the Legislature of the <br /> State of California enacted California Government Code section 65864 et seq. (the <br /> "Development Agreement Statute"), which authorizes City to enter into an agreement with any <br /> person having a legal or equitable interest in real property regarding the development of such <br /> 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 9 acres located at, as <br /> more particularly described in Exhibit A-1 attached hereto, and as diagrammed in Exhibit A-2 <br /> attached hereto (the "Project Site"). <br /> C. The Project Site is located adjacent to the Alameda County Fairgrounds ("ACF"). <br /> ACF has leased a portion of the ACF property to Jetter Golf("Jetter"), a private company which <br /> operates a public golf driving range (the "Range") on the property leased from ACF. Through <br /> normal business operations, some of the golf balls from the Range land on the Project Site. The <br /> Project Site is designated in the City General Plan as Residential Low Density, 2-8 units per acre. <br /> The Project Site is zoned PUD-MDR which is a standard single-family residential zoning in <br /> Pleasanton requiring a Planned Unit Development ("PUD")process to establish development <br /> standards. <br /> 1. Developer has engaged Ponderosa a homebuilder, to develop the Project <br /> Site, including the PUD development plan, California Environmental Quality Act("CEQA") <br /> review and subdivision. Ponderosa has submitted an application for PUD development plan and <br /> a tentative subdivision map for 19 lots (the "Application") for the Project Site. <br /> 2. During Ponderosa's due diligence and planning process it was determined <br /> that in order to protect the Project Site from golf balls, a golf ball net(the"Net") would need to <br /> 1 of 10 <br />