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(3) This Agreement will permit achievement of goals and objectives as <br />reflected in the City's General Plan, all applicable Specific Plans and Specific Development <br />District No. 59. <br />(4) Owner is required by existing City regulations to provide <br />mitigation for certain impacts and pay certain regulatory fees as conditions of approvals through <br />the regulatory process:, as further provided in this Agreement. <br />(5) This Agreement will allow the 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 />(6) Many of the extraordinary and significant benefits identified as <br />consideration to the 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 represent benefits which would not otherwise be <br />required as part of the development process. <br />1.2 Owner. Owner represents and warrants that it has a legal or equitable <br />interest in the real property located in the City of Santa Ana, California, legally described on <br />Exhibit A attached hereto and incorporated herein, and graphically described on Exhibit B <br />attached hereto and incorporated herein (hereinafter the "Property "). The Property is <br />approximately 17.72 acres in size (and approximately 18.76 acres before dedications) and is <br />vacant: <br />1.3 Approval of Owner. Owner further hereby represents that it has <br />approved this Agreement and is authorized to enter into this Agreement. <br />1.4 Planning Commission - Council Hearings. On October 25, 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. This public hearing was duly held, all public testimony was <br />attended to, and consideration of this matter continued by the Planning Commission to its regular <br />meeting of December 13, 2004, on which date the Planning Commission recommended to the <br />City Council of the City that it execute this Agreement. On February 7, 2005, the City Council <br />of the City of Santa Ana ( "Council "), after providing notice as required by law, held a public <br />hearing to consider the Owner's application for this Agreement. Following this public hearing, <br />the matter was continued the Council's next regular meeting, on February 22, 2005, in order to <br />make certain changes to this Agreement, SD -59 and Vesting Tentative Map No. 14408, to all of <br />which the Owner voluntarily agreed. <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 />