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1.6 Interest of Owner. Owner represents that it has approved this First <br />Amended and Restated Development Agreement and is authorized to <br />enter into this First Amended and Restated Development Agreement. <br />1.7 Public Hearings. The Original Agreement was the subject of a series of <br />Planning Commission and City Council public hearings in 2007. In <br />addition, this First Amended and Restated Development Agreement was <br />the subject of the following public hearings: <br />(a) Planning Commission. On August 26, 2013, the Planning <br />Commission, after giving notice pursuant to Government Code <br />Sections 65090 and 65091, held a public hearing to consider the <br />Owner's application for this First Amended and Restated <br />Development Agreement and the environmental documentation <br />evaluating the potential impacts of the First Amended and Restated <br />Development Agreement. <br />(b) City Council. On September 16, 2013, and continued to October <br />21, 2013, the City Council, after providing notice as required by law, <br />held a public hearing to consider Owner's application for this First <br />Amended and Restated Development Agreement <br />(c) Environmental Analysis. Before approving this First Amended <br />and Restated Development Agreement, the Planning Commission <br />and the City Council reviewed an Addendum to previously prepared <br />Environmental Review No. 2006-01 and the City Council approved <br />the Addendum (the "Addendum"). <br />1.8 City Council Findings. The City Council finds that this First Amended <br />and Restated Development Agreement is consistent with the General <br />Plan, applicable specific plan(s), applicable zoning regulations, and all <br />other applicable ordinances, plans, policies and regulations of the City. <br />1.9 City Ordinance. On , 2013, the City Council adopted Ordinance <br />No. approving this First Amended and Restated Development <br />Agreement. That ordinance becomes effective thirty (30) days after the <br />date of adoption. <br />2. DEFINITIONS. In this First Amended and Restated Development Agreement, <br />unless the context otherwise requires: <br />2.1 "Amendment Date" means _ 2013, the date on which the <br />Adopting Ordinance became effective. <br />067619\5448832v5 4 <br />75A-235