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DEVELOPMENT AGREEMENT <br />STATION 1300 PROJECT <br />(1258 - 1300 EL CAMINO REAL, 550 — 580 OAK GROVE AVENUE, AND <br />540 — 570 DERRY LANE, MENLO PARK, CA) <br />THIS DEVELOPMENT AGREEMENT ("Agreement') is made and entered into <br />as of this _ day of 2017, by and between the City of Menlo Park, a <br />municipal corporation of the State of California ("City") and: Landings Investments, LLC, <br />a California limited liability company ("Landings"), Bayfront Investments, LLC, a <br />California limited liability company ("Bayfront'), and Real Social Good Investments, <br />LLC, a California limited liability company ("Real Social Good") (Landings, Bayfront, <br />and Real Social Good are, collectively, "Owner"), pursuant to the authority of California <br />Government Code Sections 65864-65869.5 and City Resolution No. 4159. <br />RECITALS <br />This Agreement is entered into on the basis of the following facts, understandings <br />and intentions of the City and Owner: <br />A. To strengthen the public planning process, encourage private participation <br />in comprehensive planning and reduce the economic risk of development, the <br />Legislature of the State of California adopted Government Code Sections 65864- <br />65869.5 authorizing the City to enter into development agreements in connection with <br />the development of real property within its jurisdiction by qualified applicants with a <br />requisite legal or equitable interest in the real property which is the subject of such <br />development agreements. <br />B. As authorized by Government Code Section 65865(c), the City has <br />adopted Resolution No. 4159 establishing the procedures and requirements for the <br />consideration of development agreements within the City. <br />C. Owner owns those certain parcels of real property collectively and <br />commonly known as Station 1300 in the City of Menlo Park, California ("Property") as <br />shown on Exhibit A attached hereto and being more particularly described in Exhibit B <br />attached hereto. <br />D. Owner intends to demolish all existing structures on the Property and to <br />construct the Project (as defined in this Agreement) on the Property in accordance with <br />the Project Approvals and any other Approvals. As part of the Project Approvals, Owner <br />obtained a public benefit bonus consisting of: (1) a height increase from 38 feet to 48 <br />feet; and (2) an increase in floor area ratio from 1.1 to 1.5, thus allowing the <br />construction of an additional 112,108 sq. ft. of office and residential space (the "Public <br />Benefit Bonus") in consideration for the substantial public benefits proposed by the <br />Owner and contained in this Agreement. <br />1677\05\1 960134.8 <br />1/17/2017 <br />PAGE 261 <br />