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<br />CITY'S CONSENT <br /> <br />The City of Santa Ana, California, a charter city and municipal corporation ("Consenting <br />Partv") hereby consents to the foregoing assignment of the Development Agreement contained in <br />that certain Assignment and Assumption Agreement (the "Agreement") to which this consent is <br />attached by and between Assignor to Assignee. Capitalized terms not otherwise defined herein <br />shall be given the meaning ascribed to them in the Agreement. <br /> <br />Notwithstanding anything to the contrary in the Development Agreement, Consenting <br />Party hereby agrees that the Agreement satisfies all the conditions for assignment of the <br />Development Agreement found in Section 4.2 of the Development Agreement. <br /> <br />Dated as of <br /> <br />,200_ <br /> <br />CONSENTING PARTY: <br /> <br />By: <br />Print Name: <br />Its: <br /> <br />ATIEST_C::;~~~ <br /> <br />,CityC <br /> <br /> <br />~ <br /> <br />APPROVED AS TO FORM: <br /> <br />~ I <br />/1" I" . <br />City. orney! (' <br /> <br />J <br /> <br />~er <br /> <br />D.R. HORTON/Santa Ana <br />Assignment and Assumption Agreement <br />28156-22/2150493.2 <br /> <br />5 <br /> <br />3/10/2006 <br />