BENTALL/WESTIMSTER 1A-2000 - Laserfiche WebLink

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. . (6) Many of the extraordinary and significant benefits identified as consideration to City for entering into this Agreement are of regional significance, relate to existing deficiencies in public facilities, require Owner to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. (7) Owner and City have previously entered into a Development Agreement involving a larger project on a larger parcel of property. This Development Agreement, dated December 20, 1989, has expired by its own terms. The development contemplated under this Development Agreement constitutes Phase II of the development contemplated in the prior, expired Development Agreement. 1.2 Owner. Owner represents and warrants that it has a legal or equitable interest in the real property located in City of Santa Ana, California, legally described on Exhibit A attached hereto and incorporated herein, and graphically described on Exhibit B attached hereto and incorporated herein (hereinafter the "Property"). The Property consists of approximately 5.13 acres, located on Tustin Boulevard south of Seventeenth Street in the City of Santa Ana. The Owner desires to develop the Property with a six (6) story, 120,000 square foot office tower, expand the detached parking structure by adding an additional 441 parking stalls, add 2,000 square feet of service retail, and a 10,000 square foot freestanding restaurant. The Property will be developed with a maximum F.A.R. (floor area ratio) of 1.5. 1.3 Interest of Owner. Owner hereby represents that it has an equitable and legal interest in the Property. Owner further hereby represents that it has approved this Agreement and is authorized to enter into this Agreement. 1.4 Planning Commission - Council Hearings. On March 27, 2000 the Planning Commission of the City ("Planning Commission"), after giving notice pursuant to Government Code Sections 65090 and 65091, held a public hearing to consider the Owner's application for this Agreement. The Planning Commission recommended to the City Council of City that it execute this Agreement. On November 20,2000, the City Council of the City of Santa Ana ("Council"), after providing notice as required by law, held a public hearing to consider the Owner's application for this Agreement 1.5 Council Findings. The Council finds that this Agreement is consistent with the General Plan, as amended by general plan amendment no. 00-002 (Resolution No. 2000-076), applicable Specific Plan(s) as well as all other applicable ordinances, plans, policies and regulations of the City. 1.6 City Ordinance On December 4, 2000, the Council adopted Ordinance No. NS-2456 approving this Agreement, which became effective on January 3, 2001. 2. DEFINITIONS. In the Agreement, unless the context otherwise requires: 2.1 "Final Design" means the Plan of Development, which constitutes the final design documents for the project to be constructed on the Property, as prepared by Owner and approved by City, which are set forth in greater detail in Exhibit C attached hereto and incorporated herein by the reference (hereinafter referred to as "the Plan"). 2