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and a 23new 3-story tower-end <br />pj-ng the south gartisi;--sVthe-site; <br />1.4 4-.2-Code Authorization. City is authorized pursuant to Government <br />Code Sections 65864 through 65869.5 to enter into Development <br />Agreements with persons having legal or equitable interests in real <br />property for the purpose of establishing demelQpment certainty for both <br />the City and Owner in the development process. City enters into thethis <br />First Amended and Resta-t_ed Development Agreement pursuant to the <br />provisions of the Government Code and applicable City policies. The <br />parties 'es acknowledge: <br />(a) (-4}-This First Amended and Rita ed Development Agreement is <br />intended to assure adequate public facilities at the time of <br />development. <br />(2-)-This First Amended and Restated Development Agreement is <br />intended to assure development in accordance with City's General <br />Plan, applicable Specific Plans and the Metro East Mixed-Use <br />Overlay Zone. <br />(3)-This First Amended and Restated DevgtQpm nt Agreement <br />will permit achievement of goals and objectives as reflected in the <br />City's General Plan, all applicable Specific Plans and the Metro <br />East Mixed-Use Overlay Zone. <br />(4) Owner is required by existing City regulations to provide <br />mitigation for certain identified impacts and pay certain regulatory <br />fees as conditions of approvals through the regulatory process. <br />(5}-This First Amende"_.nd Restated Developmm.Agreement <br />will allow City to realize extraordinary and significant public <br />64 90 20 6 7 61 9\423WV"S{4}1832 v25_ -3- <br />75A-59 <br />for-sale-units-lr?-additiet, eta4- ,,800-square-feef of _G_mmersiai <br />space -will be-provided for-ttae--prejedt; with 4;480 square-feet-#o be