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93103418 <br />DEVELOPMENT AGREEMENT <br />THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and <br />entered into as of November 5, 1992, by and between the CITY OF <br />PLEASANTON, a municipal corporation of the State of California <br />city"), and SECURITY TRUST COMPANY, as TRUSTEE under TRUST NO. <br />1860-0 ("Developer"), pursuant to the authority of California <br />Government Code Sections 65864-65869.5. <br />RECITALS: <br />This Agreement is entered into on the basis of the following <br />facts, understandings and intentions of the parties: <br />A. To strengthen the public planning process, encourage <br />private participation in comprehensive planning and reduce the <br />economic risk of development, the Legislature of the State of <br />california adopted Government Code sections 65864-65869.5 <br />authorizing the City to enter into development agreements in <br />connection with the development of real property within its <br />jurisdiction by qualified applicants with a requisite legal or <br />equitable interest in the real property which is the SUbject of <br />such development agreements. <br />B. Developer is the fee owner of that certain parcel of <br />land (the "Property") outlined in Exhibit A and being more <br />particularly described in Exhibit B attached hereto. The <br />Property constitutes approximately 35.19 acres and is that <br />portion of the Shopping Center currently owned by Developer. The <br />Property is presently improved with a two-level enclosed mall, <br />mall stores fronting thereon, exterior parking and other common <br />area facilities, and related improvements. The Property <br />constitutes an integral part of Stoneridge Regional Shopping <br />Center (the "Shopping Center"), which has been constructed in <br />phases by Developer, commencing in 1978, and which now includes <br />major department stores owned and operated by Macy, Penney, <br />Capwell and Nordstrom. <br />C. Developer intends to add further retail and related <br />common area improvements to the Shopping Center as more <br />particularly described in Exhibit C hereto (said improvements <br />herein collectively referred to as the "Project"). Although the <br />Project as described in Exhibit C refers to additional future <br />Floor Area of up to 356,000 square feet, the Project represents <br />an incremental addition of only 180,000 square feet of Floor Area <br />to the already anticipated and approved build-out of the Shopping <br />Center currently incorporated in the city's traffic models and in <br />other land use approvals in North Pleasanton previously <br />considered by the City. <br />D. <br />Project <br />Traffic <br />The city <br />and, based <br />Mitigation <br />has examined the environmental effects of the <br />on the Initial Environmental Study and the <br />Improvements hereinbelow referred to, has