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} <br /> Execution Draft <br /> f s <br /> for use as public open space. A portion of this public open space would be available for <br /> future development as a community park. The remaining 120 acres would be developed <br /> by OWNERS following the annexation of the tract to the City. <br /> F. Simultaneously with the execution of this Agreement, the City is entering into a purchase <br /> and sale agreement with The McDougal Foundation, Inc., pursuant to which the <br /> foundation and City have agreed that 100 acres of land owned by the foundation (the <br /> "Foundation Tract ") shall be removed from the UGB and sold to the City to expand the <br /> City's urban parks and trails system. <br /> G MCDOUGAL is an affiliate of OWNERS. MCDOUGAL owns approximately 140 acres <br /> of land, adjacent to the Foundation Tract, that includes 20 acres of land that is within the <br /> UGB (the "MCDOUGAL UGB Land ") and 30 -acres of land outside of the UGB that is <br /> burdened with a utility easement (the "Easement Tract "). <br /> H. The Easement Tract is the only land separating the Foundation Tract from Bloomberg <br /> Park, and could be used to establish a continuous trailway between the City's urban parks <br /> and trails system and Bloomberg Park. <br /> I MCDOUGAL has proposed to donate an easement to the City for use of the Easement <br /> Tract and to request that the Metro Plan and the UGB Boundary be amended to remove <br /> the MCDOUGAL UGB land from the UGB. <br /> J. If all of the transactions described in the foregoing recitals are completed, the net addition <br /> of lands within the City's urban growth boundary will be equal to the 77 acres of land <br /> donated to the City for use as parklands for the Santa Clara community; and the City will <br /> add 130 acres of land (100 in fee and 30 by easement) to its urban trails system. <br /> NOW THEREFORE, the parties agree as follows: <br /> EXHIBITS: This Agreement includes and incorporates the following exhibits: <br /> Exhibit A: Legal Description of SC Tract <br /> Exhibit B: Smart Growth Principles <br /> Exhibit C: Description of Easement Tract <br /> 1. Application for Metro Plan Amendment; Consultant. OWNERS and MCDOUGAL <br /> agree to apply for and pursue a Metro Plan Amendment to include the entire 197 -acre SC Tract <br /> within the UGB. The parties agree that OWNERS shall retain a consultant acceptable to City to <br /> prepare the application for the Metro Plan and UGB amendment. <br /> Urban Lands and Parks Pre - Planning Development Agreement Page 2 of 2 <br /> fi <br />