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<br />EIR No. 2004-01; ZOA No. 2004-06; <br />DA No. 2004-04; CUP No. 2004-28; <br />VTTM No. 2004-06; and SPR No. 2004-05 <br />December 13, 2004 <br />Page 11 <br /> <br />. <br /> <br />Page 15, Item 8.a. Public Art. Language has been added to <br />submittal and approval of a comprehensive plan prior <br />issuance of certificate of occupancy. <br /> <br />require <br />to the <br /> <br />. Page 15. Item B. <br /> <br />CC&Rs. Language has been added for clarity. <br /> <br />· Page 17, Item l.c. Language in the SD has been changed to reflect <br />noted setbacks contained within the architectural booklet dated <br />December 6, 2004. <br /> <br />. <br /> <br />Page 41, <br />Parcels. <br /> <br />Item A. Temporary Landscape Adjacent <br />Language has been added for clarity. <br /> <br />to <br /> <br />Undeveloped <br /> <br />· Page 43, Item 12. Language has been added to identify the location <br />of the compatible landscape material across from Santiago Park. <br /> <br />Development Agreement <br /> <br />· 5.3. Cultural In-Lieu Fee. The parties acknowledge that the <br />Original Agreement included the requirement that Owner construct a <br />125-fixed seat legitimate theater as part of a dual-purpose, <br />"multiplex" motion picture theater complex. Due to modifications <br />to the Project from the Original Agreement to this Agreement, Owner <br />agrees that in lieu of constructing said theater, it will pay the <br />City a fee of $400,000.00 upon the issuance of the first building <br />permit for the Project. The City agrees to use this fee for the <br />promotion and encouragement of cultural events and activities <br />designed to serve the citizens of Santa Ana. <br /> <br />· Prior to Owner seeking issuance of a building permit for the final <br />43 residential units in the proj ect (excluding from this count <br />units within the Residential Tower Study Area (Exhibit F)), or for <br />any residential unit located within the Residential Tower Study <br />Area (Exhibit F hereto) (hereafter collectively referred to as the <br />"Hold Back Units"), Owner shall have first obtained validly issued <br />building permits for one hundred percent (100%) of the commercial <br />component of the Project. <br /> <br />Prior to seeking a certificate of occupancy for any of the Hold <br />Back Units, Owner shall have completed all improvements, including <br />site improvements and excluding only tenant improvements, for one <br />100 percent of the commercial component of the Project. <br />758-15 <br />