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<br />098 <br /> <br />REL: 9/20/91 <br /> <br />AMENDMENT TO DEVELOPMENT AGREEMENT <br /> <br />BY AND BETWEEN <br /> <br />THE CITY OF SANTA ANA <br /> <br />and XEROX CENTRE PARTNERS <br /> <br />(formerly BIRTCHER XEROX PARTNERS) <br /> <br />FOR XEROX CENTRE <br /> <br />THIS AMENDMENT TO DEVELOPMENT AGR~I1ENT ("Amendment") is <br />entered into as of this ;J/~ day of O--ZZp1'&!!.__ , 1991 by and <br />between the CITY OF SANTA ANA, a municipal corporation ("City") and <br />XEROX CENTRE PARTNERS (formerly Birtcher Xerox Partners), a <br />California general partnership ("Developer"). ')j,v;V-!.~) <br /> <br />B.lLQl.TAL.Q. : <br /> <br />This Amendment is entered into on the basis of the following <br />facts, understandings and intentions of the parties: <br /> <br />A. On November 11, 1989 the city and Developer entered into <br />that certain Development Agreement ("Agreement"), recorded January <br />4, 1990, as Instrument No. 90-006603 in the Official records of <br />Orange County, California for the development of certain real <br />property ("Property") in the City more particularly described in <br />Exhibit "A" attached hereto and by this reference incorporated <br />herein. <br /> <br />B. Pursuant to Government Code section 65868 and section <br />16(a) of the Agreement, the Agreement may be amended in whole or in <br />part by the mutual consent of the parties in the manner provided <br />for by California Government Code sections 65867, 65867.5 and <br />65868. <br /> <br />C. The parties now desire to amend the Agreement to reflect, <br />among other things, changes in the nature and timing of certain <br />rights and obligations of the parties under the Agreement and the ~\ <br />contemplated development of the Property. Such development shall <br />be substantially in accordance with Specific Development Plan No. <br />54 ("Specific Plan"). The City has given notice of its intention <br />to adopt this proposed Amendment, has conducted public hearings <br />thereon pursuant to Government Code Section 65867 and City's <br />Resolution No. 82-98 and has found that the provisions of this <br />Amendment and its purposes are consistent with the objectives, <br />policies, general land uses and programs specified in the city's <br /> <br />1 <br />