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6. Many of the extraordinary and significant benefits identified as consideration to City for entering into this Amendment represent benefits which would not otherwise be required as part of the development process. 7. On November 11, 2002, the Planning Commission of the City ("Planning Commission"), after giving notice pursuant to Government Code Sections 65090 and 65091, held a public hearing to consider the Owner's application for this Amendment. The Planning Commission recommended to the City Council of City that it execute'this Amendment. On November 18, 2002, the City Council of the City of Santa Ana ("Council"), after providing notice as required by law, held a public hearing to Consider the Owner's application for this Amendment. C. Amendment to the Project. Section 1.2 of the Development Agreement is hereby amended to read as follows: 1.2 Owner. Owner represents and warrants that it has a legal or equitable interest in the real property located in City of Santa gna, California, legally described on Exhibit A attached hereto and incorporated herein, and graphically described on Exhibit B attached hereto and incorporated herein (hereinafter the "Property"). The Property consists of approximately 5.13 acres, located on Tustin Boulevard south of Seventeenth Street in th~ City of Santa Ana. The Owner desires to develop the Property as set forth in Exhibit C on Exhibit B attached hereto and incorporated herein. The Property will be developed with a maximum F.A.R. (floor area ratio)of 1.5. D. Amendment to Public Art'Requirement Section 5.10 of the Development Agreement is hereby amended to read as follows: 5.10 Development, Construction, Installation and Maintenance of Public Art. In consideration for the extraordinary and significant benefits set forth in this Section, the Owner has been legally vested under Section 5.2 with regard to the permitted uses of land, density, and intensity of use, Owner shall cause the design, construction, installation and maintenance of a work of public art on the Property. The work of public art shall be placed on the Property in a location, as approved by the Executive Director of the Planning and Building Agency, that will provide the greatest opportunity for viewing by the general public. It is to be located in an open area viewable from the public right of way, or on the exterior of an assembly. 3 EXHIBIT 1 Ordinance No. NS-2518