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