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infrastructure facilities and other supplemental benefits in addition <br />to those available through the existing regulatory process. <br />f (6)-Many of the extraordinary and significant benefits identified as <br />consideration to City for entering into this First_ Amended and <br />Restated Development Agreement are of regional significance, <br />relate to existing deficiencies in public facilities, require Owner to <br />contribute a greater percentage of benefits than would otherwise be <br />required, and represent benefits which would not otherwise be <br />required as part of the development process. <br />LO 1.3 Owner. Owner represents and warrants that it has a legal or equitable <br />interest in the reat areperty-lesatedaa Ditv?f- Sar}Ia AFla-Galiforr?ia-leeal?r <br />de6sfibeed--on-€-v,hib4-B--attached-hefets-aed-inGwperated herein (defined -in <br />sestien 2.6 as-the "Proporty"}, The Prvl)erty-is-sarrentl"c Gtil)iecl-liy a-1w©-stery, <br />-75,300-square-foot hirit(Iirl0-that- va&4ormerly4)ome-t©-the-Sequoia-Athletic-CAub <br />and-the-Australian-Switii-Ssheel; that-will be dereelished-#o-assommedate-the <br />propGsed-pn@ kIF-6teFY, 169 SpaGe J arkii) /- strvdure that <br />c 4FFentfy-exists-en-the east?+de-ef heprepefty-will rennain as part-9 h,-Droject <br />(as-that?aroFcI4&4efined-in-sestio^2.7- of this,AgFeerne#)-.PrQ r s <br />I .Q. -1-4--interest of Owner. Owner hemby-rep resents that it has aa-equ4able <br />approved this First Amended and Restated Development Agreement <br />and is authorized to enter into this First Amended and Restated <br />Developmen t Agreement. <br />11 <br />add tioll, this First Amended and Restated Development Agreement <br />was h-"-lect of the following pAiblic -ear rigs; <br />(=q) 1.5-Planning Commission--Council Hearings. On I ebruar-y-26-and <br />March-42 2007201.3, the Planning Commission -ef-the-city <br />E Rtar*niogGefnmissier}, after giving notice pursuant to Government <br />Code Sections 65090 and 65091, held a public hearing to consider <br />the Owner's application for this Agree44;ent7--The-P4anein -Carcmission <br />6-5-W2467619\42S79155448832v25 -4- <br />75A-60