FULL PACKET_2010-07-19 - Laserfiche WebLink

Home Browse Search

i (5) This Ageement will allow City to realize extraordinary and significant public infrastructure facilities and other supplemental brnefits in addition to those available through the existing regulatory process. (ti) Many of the extraordinary and significant benefits identified as consideration to City for entering into this Ageement aze of regional significance, relate to existing deficiencies in public facilities, require Owner to contribute a Beater percentage of benefits than would otherwise be required and/or pay such brnefits sooner, and reprarnt brnefits which would not otherwise be required as pert 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 is approximately 4.339 acres in size and is currrntly occupied by commercial and residential development. 1.3 Interat 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 Ageemrnt and is authorized to enter into this Agreemrnt. 1.4 Planning Commission - Conncil Hearings. On June 14, 2004, 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 Owner's application for this Ageemrnt. The Planning Commission recommended to the City Council of City that it execute this Ageemrnt. On July 6, 2004, the City Council of the City of Santa Ana ("Council', after providing notice as required by law, held a public hearing to consider the Owner's application for this Agreement. 1.5 Council Findings. The Council finds that this Ageemrnt is consistent with the General Plan, applicable Specific Plan(s) as well as all other applicable ordinances, plans, policies and regulations of the City. 1.6 City Ordinance. On July 19, 2004, the Council adopted Ordinance No. P;S-2G56 approving this Agreement. The ordinance and this Agreemrnt becomes effective thirty (30) days thereafter. 2. DEFINITIONS. Tn the Ageemrnt, unless the context otherwise requires: 2.0.5 "Force MaJeure"shall mean delays of performance by either party hereunder due to waz; insurrection; strikes; lockouts; labor disputes; riots; floods; eatihquakes; fires; serious rain or inclement weather; casualties; acts of God; acts of the public enemy; epidemics; quazantine restrictions; freight embazgoes; lack of transportation; acts of the other patty, acts or failure to act of the City or any other public or governmental agency or entity (other than acts or failure to act of the City shall not excuse performance by the City); litigation or arbitration; referendum; or any other cause beyond the control, or without the fault of the party claiming an extension of time to perform; provided that notice by the party claiming such 2