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RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 ATTN: Clerk of the Council FREE RECORDING GOVERNMENT CODE § 6103 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS AMENDMENT is made and entered into this. 18th day of November, 2002, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City") and MULLROCK MORTGAGE, LLC, A Delaware Limited Liability Company ("Owner" or "Property Owner"). A. Recitals The parties to this First Amendment to Development Agreement hereby agree as follows 1. City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and Owner in the development process. City enters into the Agreement pursuant to the provisions of the Government Code and applicable City policies. 2. The City and BentallFvVestminster Partners, Owner's predecessor in interest, have previously entered into a Development Agreement dated on or about December 12, 2000, recorded as Document No. 20000672556 with the Recorder of the County of Orange (hereafter referred to as the "Development Agreement"). 3. Subsequent to execution of the Development Agreement, Bentall/Westminster Partners sold the Property, as that word is defined in the Development Agreement, to Owner. 4. The City and Owner wish to amend the Development Agreement to provide for construction and operation on the Property of (i) an approximate 80,000 square foot, four-story office tower, which may include up to 5,000 square feet of ground floor retail/service, with underground parking of approximately 63 spaces; (ii) an approximate 35,000 square feet 3_ EXHIBIT 1 Ordinance No. NS-2518