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l ' accordance withthe Ex.isting'Approvals, subject to the terms and coridtttons:contarned tri thts Agreemeat,:in order to`implement the ntent'of the;Caunt to eracttng the De�eloptttetit Agr` went Reguli tib' s Recital T "..-.per:,.has t�preend to Co' t tlp}t�^the�o �erroftq(��+��1� ("� s;a z w e i-r P r rr `ti}<r � rn`'"F � 5 y c qualkli'd a4pphcattt undee Hie Development mgt+ � '[e � lattbxt ;aORfi dd 1 �i x r € irl year ,, `4tw4 'y4r!ar 'jar 4 appttcaittott€or and'enter thto this Agrementr ��1, ?it iaesect ai pneuml edl porttn'of the Property described to Exhibit A ;Devlopbir+ alegd afdgee a> a condition of this Agrecrnent Develapez shalletther-rechtr the lalders:of any secttri#y interest to the Pi-aperty to execute"and agrEe to be bound by'the terrtis o£this Agreement or to cause`sat,d security interest t b r s o e emoved as ravtded in section 1 3'2. Y p S Recital U. After due review of and re ort oen Develo er s a •l'cation fort.ts�A ' enien t e t. p p pPh- by the Community Developme.nt'Director and other County agenciesand d parttnents;.arid consideration of all other evidence heard and submtted:aE a duty noticed Pulte'hearing;lursuant. to the Development Agreement Regulations, the'Planning Corumtssioit found arid:determined that•this Agreement is consistent with County's.General.Plan, MasterPlan.<and-.Public Financing_ Plan and Specific Plan IIl and that this Development Agreement,complies with all the provisions of the Development Title(Title 9 of the Ordinance Code of San Joaquin.Coui-ity). Recital V_ Thereafter on , 2006, the County Board of Supervisors held a duly noticed public hearing on this Agreement pursuant to the requirements of the Development Agreement Regulations, found that this Agreement is consistent with County's General Plan, Master Plan, Public Financing Plan, and Specific Pian Ill and that this Development Agreement complies with all the provisions of the Development Title(Title 9 of the Ordinance Code of San Joaquin Count and introduced the Enacting Ordinance in order to q Y)� g enact this Agreement as its legislative act. Thereafter, on , 2006, the Board of Supervisors adopted the Enacting Ordinance enacting this Agreement as its legislative act. Recital W. Inasmuch as this Agreement provides for the participation of Developer directly and through Financing Mechanisms in financing the public improvements required to carry out the Existing Approvals, this Agreement constitutes a contract, obligation and evidence of indebtedness within the meaning and scope of Government Code Section 53511 in that it provides for a means of satisfying financing obligations for various improvements and facilities to be owned by or maintained for the benefit of County, the MHCSD and the public generally in the Community. W02-SF:FPD1bl491145.2 -6-