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t <br /> I <br /> k <br /> accordance.with-the Existing Approvals, subject to the terms and cor4i ions'contained to thas ' <br /> Agreement, in order to irr;plement the`>ntent`of theCounty in enacting the Development <br /> Agreement Regulat>ons ' <br /> Recital T Developer,had r�preseitdito, o{ tt itl� h � �eroXi?tra � sa , <br /> qual> led applicant under the Da�eloPinent A t Matto � ret ,Oki <br /> yf'F, + fi ' r E.r +. fi' .�• <br /> i # Y t v.1 ra -th <br /> applicatio6.n for and:enter into this Agreement,alltrtl� secn�utttred�int ttOtt�Of <br /> the Property described in�7. <br /> xhibit A 2 Devk'iQpealiol+ tet aCd}aee lta#a a <br /> condition of this'A Developer shatl'eithcr`require the orders:ofrany yin eres An <br /> the Property tv execute and agree to lie bound liy`tte teris oftht� Agreement or to cause'satd <br /> security interest to be removed' <br /> 6uided in Sect1<on 1`E32 <br /> Recital U. After due:review.of and'report on Developer's apptrcatiori for tk is Agreement <br /> by the Community Development iDirector and other County agencies and departments,.and . <br /> consideration of all other evidence heard and submitted ata duly noticed public hearing:.pursua:nt.' <br /> to the Development Agreement Regulations, the Plannriig Comin><ssion do and>deterint" d ' <br /> that-this Agreement is consistent with County's General'Plan,Master Plan, and.Public Financing <br /> Plan and Specific Plan Ill and that this DeveloprMmLt Agreemnent co>t plies with all the provisions <br /> of the Development Title(Title 9 of the Ordinance'Code of Sa,n Joa`gdin:County). <br /> Recital V. Thereafter on , 2006, the County Board of Supervisors <br /> held a duly noticed public hearing on this Agreement pursuant to the requirements of the <br /> Development Agreement Regulations, found that this Agreement is consistent with County's <br /> General Plan, Master Plan, Public Financing Plan,and Specific Plan III and that this <br /> Development Agreement complies with all the provisions of the Development Title(Title 9 of <br /> the Ordinance Code of San Joaquin County), and introduced the Enacting Ordinance in order to <br /> enact this Agreement as its legislative act. Thereafter, on , 20067 the <br /> Board of Supervisors adopted the Enacting Ordinance enacting this Agreement as its legislative <br /> act. <br /> Recital W. Inasmuch as this Agreement provides for the participation of Developer <br /> directly and through Financing Mechanisms in financing the public improvements required to <br /> carry out the Existing Approvals, this Agreement constitutes a contract, obligation and evidence <br /> of indebtedness within the meaning and scope of Government Code Section 53511. in that it <br /> provides for a means of satisfying financing obligations for various improvements and facilities <br /> to be owned by or maintained for the benefit of County, the MHCSD and the public generally in <br /> the Community. <br /> t <br /> W02-SF:FPD151481145.2 -6- <br />