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RECORDING REQUESTED BY <br />AND WHEN RECORDED MAIL TO: <br />Clerk of the Council <br />City of Santa Ana <br />20 Civic Center Plaza M-30 <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Recorded in the County of orange, California <br />Gary L. Granville, Clerk/Recorder <br />Illllllllllllllllllllllllllllllllllllllllllllilllllllllllllllllll No Fee <br />19990374202 3,16pm H/20/99 <br />005 10048883 10 30 <br />A17 22 6.00 63.00 0.00 0.00 0.00 0.00 <br />FREE RECORDING <br />GOVERNMENT CODE § 6103 <br />FIRST AMENDED AND RESTATED <br />DEVELOPMENT.' AGREEMENT BETWEEN <br />THE CITY OF SANTA ANA AND <br />KAISER FOUNDATION HEALTH PLAN, INC. <br />This FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT <br />("Agreement") is entered into between THE CITY OF SANTA ANA, a charter city ("City") and <br />KAISER FOUNDATION HEALTH PLAN, INC_, a California non-profit corporation ("Owner" <br />or "Property Owner"). As provided in Section 9.2, infra, this Agreement shall fully supercede <br />and replace any other development agreement between the parties. <br />RECITALS. The Agreement is entered into with reference to the following facts: <br />1.1 Code Authorization. City is authorized pursuant to Government Code <br />Sections 65864 through 65869.5 to enter into development agreements with persons having legal <br />or equitable interests in real property for the purpose of establishing certainty for both City and <br />Owner in the development process. City enters into the Agreement pursuant to the provisions of <br />the Government Code and applicable City policies. The parties acknowledge: <br />(1) This Agreement is intended to assure adequate public facilities at <br />the time of development- <br />(2) This Agreement is intended to assure development in accordance <br />with City's General Plan, applicable Specific Plans and Capital Improvement Plan- <br />(3) This Agreement will permit achievement of goals and objectives as <br />reflected in the City's General Plan and all applicable Specific Plans. <br />(4) Owner is required by existing City regulations to provide mitigation <br />for certain impacts and pay certain regulatory fees as conditions of approvals through the <br />regulatory process. <br />(5) This Agreement will allow City to realize extraordinary and <br />OA 98-1 <br />EXHIBIT 3 <br />