Laserfiche WebLink
through the regulatory process. <br />5. This Second Amendment will allow City to realize extraordinary and <br />significant public infrastructure facilities and other supplemental benefits in <br />addition to those available through the existing regulatory process. <br />6. Many of the extraordinary and significant benefits identified as consideration <br />to City for entering into this Second Amendment represent benefits which <br />would not otherwise be required as part of the development process. <br />E. On November 25, 2013, the Planning Commission of the City ( "Planning <br />Commission "), after giving notice pursuant to Government Code Sections 65090 and 65091, held a <br />public hearing to consider the Developer's application for this Second Amendment. The Planning <br />Commission recommended to the City Council of the City that it execute this Second Amendment. <br />On December 16, 2013, the City Council of the 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 />Second Amendment. <br />F. Property Affected by this Agreement. This Second Amendment pertains solely to <br />the property as illustrated in Exhibit A -1 and Exhibit A -2 to this Second Amendment, which are <br />incorporated herein by this reference as though fully set forth. <br />G. Term. Section 4 of the Development Agreement is hereby amended to read, in its <br />entirety, as follows: <br />4. Term. <br />(a) The term ( "Term ") of this Development Agreement is thirty -five (35) <br />years from the date of execution, subject to earlier termination as hereinafter provided. <br />(b) Pursuant to Section 66452.6(a) of the California Subdivision Map <br />Act, any tentative Subdivision Map approval for the Properly shall also be extended for a <br />period equal to the period this Agreement remains in effect. <br />H. Effect of Second Amendment. Exhibit A -1 and Exhibit A -2 to this Second <br />Amendment shall supersede and replace the prior Exhibit A -1 and Exhibit A -2 to the Development <br />Agreement introduced in the First Amendment. Except as necessary to implement the intent of this <br />Second Amendment, the Development Agreement shall remain in full force and effect. In the event <br />of a conflict, terms contained herein shall prevail over conflicting provisions of the Development <br />Agreement. <br />I. Effective Date Unchanged. The parties to this Second Amendment further agree that <br />the effective date of the Development Agreement, set forth in paragraph 26 therein, is unaffected by <br />this Second Amendment to the Development Agreement. <br />11 A -9 <br />