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1,4 Code Authorization, City Is authorized pursuant to Government Code <br />Sections 65864 through 65869.5 to enter Into Development Agreements <br />with persons having legal or equitable interests in real property for the <br />purpose of establishing development certainty for both the City and Owner <br />in the development process, City enters into this First Amended and <br />Restated Development Agreement pursuant to the provisions of the <br />Government Code and applicable City policies, The Parties acknowledge; <br />(a) This First Amended and Restated Development Agreement is <br />intended to assure adequate public facilities at the time of <br />development, <br />(b) This First Amended and Restated Development Agreement is <br />intended to assure development In accordance with City's General <br />Plan, applicable Specific Plans and the Metro East Mixed -Use <br />Overlay Zone. <br />(c) This First Amended and Restated Development Agreement will <br />permit achievement of goals and objectives as reflected in the <br />City's General Plan, all applicable Specific Plans and the Metro <br />East Mixed -Use Overlay Zone, <br />(d) Owner is required by existing City regulations to provide mitigation <br />for certain Identified impacts and pay certain regulatory fees as <br />conditions of approvals through the regulatory process. <br />(e) This First Amended and Restated Development Agreement will <br />allow City to realize extraordinary and significant public <br />infrastructure facilities and other supplemental benefits in addition <br />to those available through the existing regulatory process. <br />(f) Many of the extraordinary and significant benefits identified as <br />consideration to City for entering into this First Amended and <br />Restated Development Agreement are of regional significance, <br />relate to existing deficiencies in public facilities, require Owner to <br />contribute a greater percentage of benefits than would otherwise be <br />required, and represent benefits which would not otherwise be <br />required as part of the development process, <br />1.5 Owner. Owner represents and warrants that it has a legal or equitable <br />interest in the Property. <br />069619 \5448872v9 3 <br />