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.-- (5) This Ag1æment win allow City to rea1izc extraordinary and sipificant public inûastructuro f'acilitie8 and other ~ bmefits m addition to those avai1Ib1e through the exisâng reguJatoryprocell. (6) Many ofb cxtraontiDaIy and~rUlcant benoñts identified as consideration to City for entering into tbi. Apemerat Ire ofœJÌona1 signifiœncc, relate to existing deficiencies iupublîc facilities. requUe Owner to contribute a greater percentage of beDdits than would othawise be requited. audiOI' pay such ~ 8008«, aI1d represent benefits wbich would not ~ be requìred as part of tile devoIopmcnt process. 1.2 Oner. Owner f6pi'" and wmmts that it has a.1ep1 or equitable interest in tho teal property located in City oCSanta ADa. Ca1it'onûa.lep1Iy described on Exhibit A attached bcmo and incorpomted h«ein, and graphically delcnöed on Bxht'bit B attached hereto and incorpotated heœin (hereinafter the"Ptoperty"). The Property is approx.imat<:1y 4.339 acres in size and is çum:nt1y oecup~cd by commorciaI and residential development. 1.3 IIttmtt ofOfter. Own« henby œprcaartB that it bas an equitable and Jega1 interest in the Property. Owner fUrther henbyrepresents that it has approved this Agreement and is authorized to enter into this Agreement. 1.4 PI..- eo",,'_o. .. Coudl HearI8l1. On June 14,2004, the PJanning Omuniasion of the City ("Planning Commissionj, aft« giving notice pursuant to OoVet'1UJ1«lt Code Sections 65090 and 65091, held a puhJic hearin¡ to consider the Ownere application Cor this .Agreement. The Planning Commissiœ JO»f,\I~ed 10 the City Council of City that it execute this Agreemenl On July 6, 2004, the City Council oíthe City of Santa Ana ~'). after providin¡ notice as required by law, held a public hearin¡ to consider the Owner', application for this Agreement. I.S CooeD IIDcllDp. The Comcîl finds that this Asreement is consistent with the Gatcnl Plan, applicable Specitic Plan(s) aswe11 as aU other applicable ordmA~ PlaDs. potidesmd rcgu1a.tions of the City. .--- 1.6 CIty 0nIfJauee. On 1uly 19,2004, the Council adopted Ordinance No. approving this Agreement. The ordinance and this Agreement becomes eftèctive thirty (30) days thereafter. 2. DEFINITIONS. In the ~ wUoss the contoxt otherwise requires: 2.0.S"J'oree Majeure" ebal1 mean delays ofperfonnance by eitberparty hereunder duo to war; insurrection; strilœs; 1oc1couts; labor disputes; riots; 1l00ds; earthquakes; . firca; serious rain orinc1ement weather; casualties; acts of God; acts of the public enemy; epidemies; quarantine ICStrictionsi úeight cmbar¡oes; lack oftraDSpOrtation; acts of the other party; adS or failurcto act of the City or any other public or govemmeataJ agency or entity (other tban acta or failure. to act oftbe City shaD not excuse performance by the City); litigation or arbitntion; referendum; or any other cause beyond the control, or without the fault orthe party claiming an extension of time to perform; provided that notice by the party claiming such ~~ ----' Ordinance No. NS-2656 Page 6 of 45