KAISER FOUNDATION HEALTH PLAN, INC. (2)

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(6) Many of the extraordinary and significant benefits identified as consideration to City for entering into this Agreement are of regional significance, relate to existing deficiencies in public facilities, require Owner to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. 1.2 Owner. Owner represents and warrants that it has a legal or equitable interest in the real property located in City of Santa Ana, California, legally described on Exhibit A attached hereto and incorporated herein, and graphically described on Exhibit B attached hereto and incorporated herein (hereinafter the "Property'). The Property consists of approximately 8.72 acres, located at the southeast intersection of Harbor Boulevard and MacArthur Avenue. The Owner desires to develop the Property with a medical facility of approximately 80,000 square feet with on -site parking. 1.3 Interest of Owner. Owner hereby represents that it has an equitable and legal interest in the Property. Owner further hereby represents that it has approved this Agreement and is authorized to enter into this Agreement. 1.4 Planning Commission - Council Hearings. On September 14, 1998, the Planning Commission of the City ("Planning Commission"), after giving notice pursuant to Government Code Sections 65090 and 65 09 1, held a public hearing to consider the Owner's application for this Agreement. The Planning Commission recommended to the City Council of City that it execute this Agreement. On October 5, 1998, the City Council of the City of Santa Ana ("Council"), after providing notice as required by law, held a public hearing to consider the Owner's application for this Agreement. 1.5 Council Findings. The Council finds that this Agreement is consistent with the General Plan, applicable Specific Plan(s) as well as all other applicable ordinances, plans, policies and regulations of the City. 1.6 City Ordinance. On October 19, 1998, the Council adopted Ordinance No. approving this Agreement. The ordinance becomes effective on November 18, 1998. 2. DEFINTTIONS. In the Agreement, unless the context otherwise requires: 2A "Final Design" means the final design documents for the off -site storm drain system including catch basins, to be constructed along Harbor Boulevard between Sunflower and the Property, as prepared by Owner and approved by City, which are set forth in greater detail in paragraph 5.8 of this Agreement. 2.2 "Property Owner" or "Owner" means Kaiser Foundation Health Plan, Inc., being the person, persons, or entity having a legal or equitable interest in the Property, and includes Kaiser Foundation Health Plan, Inc.'s successors in interest. .S 2