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<br /> 3 <br /> <br /> <br />8. In compliance with the California Environmental Quality Act (CEQA) and the CEQA <br />Guidelines, City has prepared an Addendum to the Project EIR prepared and certified by the <br />County for the Project. <br />9. To strengthen the public planning process, encourage private participation in <br />comprehensive planning and reduce the economic risk of development, the State of California <br />enacted California Government Code §§ 65864, et seq. (the “Development Agreement <br />Statute”), which authorizes City to enter into an agreement with any person having a legal or <br />equitable interest in real property regarding the development of such property. City has <br />determined that by entering into this Development Agreement: <br />a. City is receiving assurances of a quality development of the Project in <br />accordance with the goals and policies set forth in the City of Pleasanton’s General Plan as it <br />exists on the “Effective Date” (defined below); <br />b. City will benefit and the public interest will be served from the annexation of this <br />planned residential development into the City in order to more effectively provide municipal <br />services to the Project’s residents; contribute to local property taxes; and support new <br />transportation and utilities infrastructure to serve the Project; <br />c. It will reduce uncertainties in planning and provide for the orderly development of <br />the Project Site; <br />d. As detailed more fully herein, development of the Project Site will provide the City <br />with the following public benefits: <br />i. Design and construction of an approximately 0.7-acre private park with an <br />overlying public access easement in the Project Site. <br />ii. Design and installation of a public trail connection consistent with the Trails <br />Master Plan along “Street A”, as well as from “Street D” to Mohr Avenue at the Irongate Drive <br />intersection, within the same easement area as the public utility corridor, subject to approval by <br />the Zone 7 Water Agency (“Zone 7”). <br />iii. In addition to required Project frontage improvements, design and installation <br />of a six-foot wide sidewalk, as well as curb and gutter and roadway paving, on the north side of <br />Busch Road extending from the westerly boundary of the project site to the westerly boundary <br />of the City Operations Services Center/Public Works facility. <br />iv. Based on the increased infrastructure demand created by the Project, in <br />combination with demand from other unrelated developments, Developer shall be responsible <br />for its fair share costs of certain off-site water and sewer improvements as set forth in detail in <br />Section 3.2(f) of this Agreement. As Developer will be funding and constructing such off-site <br />water and sewer improvements and such improvements also provide a benefit to third parties, <br />Developer shall receive fee credits and reimbursement from City, as well as directly from the <br />benefitting properties through reimbursement agreements for their proportional benefit, for the <br />oversizing of such off-site water and sewer improvements, all as detailed more fully herein. <br />v. If value-engineered engineering solutions are found that reduce the overall <br />costs and are acceptable to City, then the Project’s fair share will be recalculated utilizing the <br />same methodology, but with the lower total improvement costs. In addition to required <br />transportation development fees as specified below, payment of a monetary contribution to City <br />   <br /><br />