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<br />. <br /> <br />. <br /> <br />. <br /> <br />ORDINANCE NO. NS-2656 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA APPROVING A DEVELOPMENT AGREEMENT <br />BETWEEN THE CITY OF SANTA ANA AND ONE <br />BROADWAY PLAZA, LLC, 1200 N. MAIN, LLC, AND 845 <br />BROADWAY, LLC <br /> <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: <br /> <br />SECTION 1: The City Council hereby finds, determines and declares as follows: <br /> <br />A. The City is authorized pursuant to Government Code Sections 65864 <br />through 65869.5 to enter into development agreements with persons having legal or <br />equitable interests in real property for the purpose of establishing certainty for both City <br />and owner in the development process. <br /> <br />B. The City enters into this Development Agreement pursuant to the <br />provisions of the Government Code and applicable City policies. <br /> <br />C. The Planning Commission has, following a duly noticed public hearing, on <br />June 14, 2004 recommended approval of this Development Agreement. <br /> <br />E. Entering into this Development Agreement would provide the City with <br />extraordinary and significant benefits that are of regional significance, relate to existing <br />deficiencies in public facilities, require the owner of One Broadway Plaza to contribute a <br />greater percentage of benefits than would otherwise be required, and represent <br />benefits which would not otherwise be required as part of the development process. <br /> <br />F. The City Council has held a noticed public hearing on this Ordinance, and <br />has considered all testimony presented thereto. <br /> <br />G. The City Council has, on July 19, 2004, approved a Environmental Impact <br />Report (EIR) in conjunction with this Project and adopted a mitigation monitoring plan, <br />written findings and a statement of overriding considerations and the Council adopts this <br />ordinance based upon said EIR, plan, findings and statement of overriding <br />considerations. <br /> <br />SFCTION 2: Development Agreement, a true and correct copy of which is <br />attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the <br />Council are authorized to execute it on behalf of the City. The Clerk of the City is hereby <br />authorized and directed to cause this Development Agreement to be recorded with the <br />County Recorder's Office. <br /> <br />SECTION 3 This ordinance shall not be effective unless and until Resolution <br />No. 2004-021, and Ordinance No. NS-2649 becomes effective. If said ordinance or <br />resolution are for any reason held to be invalid or unconstitutional by the decision of any <br /> <br />Ordinance No. NS-2656 <br />Page 1 of 45 <br /> <br />- <br />