Laserfiche WebLink
<br />8 <br /> <br />8 <br /> <br />8 <br /> <br />(5) This Agreement will allow City to realize extraordinary and <br />significant public infrastructure facilities and other supplemental benefits in addition to those <br />available through the existing regulatory process. <br /> <br />(6) Many of the extraordinary and significant benefits identified as <br />consideration to City for entering into this Agreement are of regional significance, relate to <br />existing deficiencies in public facilities, require Owner to contribute a greater percentage of <br />benefits than would otherwise be required and/or pay such benefits sooner, and represent benefits <br />which would not otherwise be required as part of the development process. <br /> <br />1.2 Owner. Owner represents and warrants that it has a legal or equitable <br />interest in the real property located in City of Santa Ana, California, legally described on Exhibit <br />A attached hereto and incorporated herein, and graplúcally described on Exhibit B attached <br />hereto and incorporated herein (hereinafter the "Property"). The Property is approximately 4.339 <br />acres in size and is currently occupied by commercial and residential development. <br /> <br />1.3 Interest of Owner. Owner hereby represents that it has an equitable and <br />legal interest in the Property. Owner further hereby represents that it has approved this <br />Agreement and is authorized to enter into this Agreement. <br /> <br />1.4 Planning Commission - Council Hearings. On June 14,2004, the <br />Planning Commission of the City ("Planning Commission"), after giving notice pursuant to <br />Government Code Sections 65090 and 65091, held a public hearing to consider the Owner's <br />application for this Agreement. The Planning Commission recommended to the City Council of <br />City that it execute this Agreement. On July 6, 2004, the City Council of the City of Santa Ana <br />("Council"), after providing notice as required by law, held a public hearing to consider the <br />Owner's application for this Agreement. <br /> <br />1.5 Council Findings. The Council finds that this Agreement is consistent <br />with the General Plan, applicable Specific Plan(s) as well as all other applicable ordinances, <br />plans, policies and regulations of the City. <br /> <br />1.6 City Ordinance. On July 19, 2004, the Council adopted Ordinance <br />No. approving this Agreement. The ordinance and this Agreement becomes effective <br />thirty (30) days thereafter. <br /> <br />2. <br /> <br />DEFINITIONS. In the Agreement, unless the context otherwise requires: <br /> <br />2.0.5 "Force Majeure" shall mean delays of performance by either party <br />hereunder due to war; insurrection; strikes; lockouts; labor disputes; riots; floods; earthquakes; <br />fires; serious rain or inclement weather; casualties; acts of God; acts of the public enemy; <br />epidemics; quarantine restrictions; freight embargoes; lack of transportation; acts of the other <br />party; acts or failure to act ofthe City or any other public or governmental agency or entity (other <br />than acts or failure to act of the City shall not excuse performance by the City); litigation or <br />arbitration; referendum; or any other cause beyond the control, or without the fault ofthe party <br />claiming an extension of time to perform; provided that notice by the party claiming such <br /> <br />2 <br />