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<br />(2) This Amendment is intended to assure development in accordance with <br />City's General Plan, applicable Specific Design Zoning and Capital Improvement Plan. <br /> <br />(3) This Amendment will permit achievement of goals and objectives as <br />reflected in the City's General Plan and all applicable Specific Design Zoning. <br /> <br />(4) Developer is required by existing City regulations to provide mitigation <br />for certain impacts and pay certain regulatory fees as conditions of approvals through the <br />regulatory process. <br /> <br />(5) This Amendment will allow City to realize extraordinary and significant <br />public infrastructure facilities and other supplemental benefits in addition to those available <br />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 Amendment represent benefits which would not <br />otherwise be required as part of the development process. <br /> <br />F. On April 25, 2005, the Planning Commission of .I he City ("Planning <br />Commission"), after giving notice pursuant to Government Code Sections 65090 and 6509 I, <br />held a public hearing to consider the Developer's application for this Amendment. The Planning <br />Commission recommended to the City Council of City that it execute this Amendment. On <br />MAl{ 9 ,2005, the City Council of .I he City of Santa Ana ("Council"), after providing <br />notice as required by law, held a public hearing to consider the Developer's application for this <br />Amendment. <br /> <br />G. Property A ffee/ed I1y /hi< A greement. This Amendment pertains solely to the <br />property as illustrated in Exhibit "A- I and described in Exhibit "A-2 to this Amendment, which <br />are incorporated herein by this reference as though fully set forth. In case of any discrepancy <br />between Exhibit "A-I and Exhibit "A-2 ,the parties agree and acknowledge that Exhibit "A-2 <br />shall prevail in full. <br /> <br />H. Thrm. Section 4 of the Development Agreement is hereby amended.to read, in its <br />entirety, as follows: <br /> <br />4. Thrm. <br /> <br />(a) The term ("Term'') of this Development Agreement is <br />twenty-five (25) years from the date of execution, subject to earlier termination as <br />hereinafter provided. <br /> <br />(b) Pursuant to Section 66452.6(a) of the California Subdivision <br />Map Act, any tentative Subdivision Map approval for the Property shall also be <br />extended for a period equal to the period this Agreement remains in effect. <br />2 <br />