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35 <br /> <br />ORDINANCE NO. NS-2385 <br /> <br />AN ORDINANCE OF THE CITY OF SANTA <br />ANA ADOPTING THE FIRST AMENDED <br />AND RESTATED DEVELOPMENT <br />AGREEMENT BETWEEN THE CITY OF <br />SANTA ANA AND KASIER FOUNDATION <br />HEALTH PLAN, INC. <br /> <br />The City Council of the City of Santa Ana ordains as follows: <br /> <br />SECTION 1. FINDINGS <br /> <br /> The City Council of the City of Santa Ana ("the City") finds, determines <br />and declares: <br /> <br /> A. The City is authorized pursuant to Government Code Sections 65864 <br />through 65869.5 to enter into development agreements with persons having legal or <br />equitable interests in real property for the purpose of establishing certainty for both City <br />and Owner in the development process. <br /> <br /> B. Kaiser Foundation Health Plan, Inc. ("Kaiser"), represents and <br />warrants that it has a legal or equitable interest in the approximately 8.72 acres, located at <br />the southeast intersection of Harbor Boulevard and MacArthur Avenue in the City. <br />Kaiser desires to develop the Property with a medical facility of approximately 80,000 <br />square feet with on-site parking. <br /> <br /> C. The City Council previously approved Development Agreement <br />No. 98-1, a Development Agreement between the City of Santa Aha and Kaiser <br />Foundation Health Plan Inc., on October 5, 1998. <br /> <br /> D. Kaiser now seeks to amend and restate this Development Agreement <br />to (1) extend the life of the agreement from five years to six years, and (2) provide Kaiser <br />Health Plan Inc. with up to an additional twelve to eighteen months to cancel this <br />Agreement if it determines to not go forward with its project. <br /> <br /> E. The Planning Commission considered this matter at its regular public <br />meet'rog of April 12, 1998 and recommended that the City Council approve the first <br />amended and restated Development Agreement, and associated negative declaration and <br />addendum. <br /> <br /> <br />