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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 ATIN: Clerk of the Council FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FREE RECORDING GOVERNMENT CODE § 6103 THIS AMENDMENT is made and entered into this _ day of . 2005, 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 C.J. SEGERSTROM & SONS, a California general partnership ( "Developer'). City and Developer hereby agree as follows: A. 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 Developer in the development process. Cih., enters into the Amendment pursuant to the provisions of the Government Code and applicable City policies. B. The City and California Pacific Properties, a California general partnership, have previously entered into a Development Agreement dated October 15 1990, recorded as Document No. 90- 625289 with the Recorder of the County of Orange (hereafter, referred to as the "Development Agreement'). On February 23, 1995, a portion of the property covered by the Development Agreement was transferred to Developer, by Grant Deed recorded as Document No. 95- 0099264 with the Recorder of the County of Orange This Amendment relates solely to the property described in said Grant Deed which is owned by Developer. C. The City and Developer wish to amend the Development Agreement between the parties to extend the Development Agreement's term, which is originally of fifteen (15) years, by adding an additional ten (10) years, for a total of twenty-five (25) years from and after the date of execution of the Development Agreement (subject to express exceptions noted in the Development Agreement). D. The parties hereto acknowledge the following: (1) This Amendment is intended to assure adequate public facilities at the time of development. Ordinance NS -2688 Page 4 of 11