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J. Development of the Property in accordance with this Agreement will provide substantial benefits <br /> to City,as set forth in Section 4 below, and as stated Sections 1.4 and Appendix B of the Specific <br /> Plan and will further important policies and goals of City. <br /> K. This Agreement will eliminate uncertainty in planning and provide for the orderly development <br /> of the Property, provide for public services appropriate to the development of the Project,and <br /> generally serve the purposes for which development agreements under Section 65864, et se . of <br /> the Government Code are intended. <br /> L. On July 15 2025 ,the City Council held a public hearing and authorized the City's Planning <br /> Division to draft findings and issue a determination overruling the County of Orange Airport <br /> Land Use Commission's Determination of Inconsistency associated with the Project and to <br /> provide notice of same in accordance with Section 21676(b)of the Public Utilities Code to the <br /> County of Orange Airport Land Use Commission and the State of California Department of <br /> Transportation's Division of Aeronautics. <br /> M. On August 11,2025,_City's Planning Commission held a public hearing on this Agreement, <br /> made findings and determinations with respect to this Agreement,and recommended to the City <br /> Council that the City Council approve this Agreement. <br /> N. On September 16,2025,the City Council held a public hearing introducing this Agreement and <br /> considered the Planning Commission's recommendations and the testimony and information <br /> submitted by City staff, SCP,and members of the public. On DATE consistent with applicable <br /> provisions of State law and the rules and regulations of the City,the City Council adopted <br /> Ordinance No. NS- finding this Agreement consistent with the City's General Plan and <br /> approving and adopting this Agreement. <br /> COVENANTS <br /> NOW,THEREFORE, in consideration of the above recitals and of the mutual covenants <br /> hereinafter contained and for other good and valuable consideration,the receipt and adequacy of which is <br /> hereby acknowledged,City and Owner hereby agree as follows; <br /> 1. DEFINITIONS AND EXHIBITS. <br /> 1.1. Definitions.The following terms when used in this Agreement(including in the recitals <br /> above) shall be defined as follows: <br /> 1.1.1. "Assigned Rights"has the meaning set forth in Section 2.5.1 hereof. <br /> 1.1.2. "Assignment and Assumption Agreement"has the meaning set forth in Section <br /> 2.5.1 hereof. <br /> 1.1.3. "Assumed Obligations"has the meaning set forth in Section 2.5.1 hereof. <br /> 1.1.4. "Agreement"means this Development Agreement. <br /> 1.1.5. "City"means the City of Santa Ana, a charter city and California municipal <br /> corporation. <br /> Ordinance No. NS-3087 <br /> Page 9 of 41 <br /> i <br />