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5 <br /> <br />term ground lease, upon and after the date of the fee or ground lease conveyance, and shall not <br />be applicable to those portions of the Property which have not been acquired or ground leased by <br />Developer. <br />K. Pursuant to California Government Code §65865, City has adopted procedures <br />and requirements for the consideration of development agreements (City Administrative Code, <br />Title 5 Community Development, Chapter 4 Development Agreements). This Agreement has <br />been processed, considered and executed in accordance with such procedures and requirements. <br />L. On June 2, 2022, the City of San Leandro Planning Commission (the “Planning <br />Commission”), the initial hearing body for purposes of development agreement review, <br />following a duly noticed public hearing, recommended approval of this Development Agreement <br />pursuant to Resolution No. 22-372. <br />M. On ______________, 2022, the San Leandro City Council (the “City Council”), <br />after conducting a duly noticed public hearing, has found that this Agreement is consistent with <br />the General Plan and has conducted all necessary proceedings in accordance with the City’s rules <br />and regulations for the approval of this Agreement. The City Council adopted its Ordinance No. <br />____ (the “Approving Ordinance”) approving this Development Agreement and authorizing its <br />execution. The Approving Ordinance will take effect on ______________, 2022 (the “Effective <br />Date”). <br />N. The terms and conditions of this Development Agreement have undergone <br />extensive review by City staff, the Planning Commission and the City Council at publicly <br />noticed meetings and have been found to be fair, just and reasonable and in conformance with <br />the City General Plan and the Development Agreement Legislation, and, further, the City <br />Council finds that the economic interests of City’s residents and the public health, safety and <br />welfare will be best served by entering into this Development Agreement. <br />NOW, THEREFORE, in consideration of the mutual covenants and promises set forth <br />herein, City and Developer agree as follows: <br />ARTICLE I <br />DEFINITIONS <br />1.1. “Agreement” shall have that meaning set forth in the Introductory Paragraph of <br />this Agreement. <br />1.2. “Agreement Date” shall have that meaning set forth in the Introductory <br />Paragraph of this Agreement. <br />1.3. “Administrative Amendment” shall have that meaning set forth in Section 6.6 of <br />this Agreement. <br />1.4. “Affiliate” shall have that meaning set forth in Section 9.1(d) of this Agreement. <br />1.5. “Annual Review” shall have that meaning set forth in Section 5.1 of this <br />Agreement.