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4O 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 Agreement are of regional significance, relate to existing deficiencies in public facilities, require Owner to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. 1.2 Owner. Owner represents and warrants that it has a legal or equitable interest in the real property located in City of Santa Ana, California, legally described on Exhibit A attached hereto and incorporated herein, and graphically described on Exhibit B attached hereto and incorporated herein (hereinafter the "Property"). The Property consists of approximately 8.72 acres, located at tke southeast intersection' of Harbor Boulevard and MacArthur Avenue. The Owner desires' to d6v~iop the'Property with a medical fficility of approximately 80,000 square feet with on-site parking. 1.3 Interest of Owner. Owner hereby represents that it has an equitable and legal interest in the Property. Owner further hereby represents that it has approved this Agreement and is authorized to enter into this Agreement. 1.4 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 Owner's application for this Agreement. The Planning Commission recommended to the City Council of City that it execute this Agreement. On October 5, 1998, the City Council of the City of Santa Ana ("Council"), after providing notice as required by law, held a public,l~_aring to consider the Owner's application for this Agreement. Onx~amk~_/,~'1999 and .P~_, 1999, respectively, the Planning Commission and City Council held a public hearing on the amended and restated Agreement. Planning Commission - Council Hearings. On September 14, 1998, the 1.5 Council Findings. The Council finds that this Agreement is consistent with the General Plan, applicable Specifi,c P. lan($) as well as all other applicable ordinances, plans, l~Olicies and regulations of the City. ""- ". May 1.6 ' City Ordinance On Atxi~:_L7, 1999, the Council adopted Ordinance No. lqS-~ q ~ 5 approving this Agreement. The ordinance became effective on Iort4~x , 1999. June 16, 2. DEFINITIONS. In the Agreement, unless the context otherwise requires: 2.1 "Final Design" means the final design documents for the off-site storm drain system including catch basins, to be constructed along Harbor Boulevard between Sunflower and the Property, as prepared by Owner and approved by City, which are set forth in greater detail in Section 5.8 of this Agreement. 2.2 "Property Owner" or "Owner" means Kaiser Foundation Health Plan, 2