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<br /> <br /> \ <br /> ~ . <br />~ <br />. <br />. <br />. <br /> <br />. <br /> <br />RECORDING REQUESTED BY AND <br />WHEN RECORDED MAIL TO: <br /> <br />Recorded in Official Record' <br />Tom Daly, Clerk-Recorder s, County of Orange <br />1111111111111111111111 111111111111111111111111111111111111111111111 NO FEE <br />115 33 A)~03000661508 02:17pm 06/06/03 <br />0.00 0.00 0.00 0 00 <br />. 0.00 0.00 0.00 0.00 <br /> <br />City of Santa Ana <br />20 Civic Center Plaza <br />P.o. Box 1988 <br />Santa Ana, California 92702 <br />A TTN: Clerk of the Council <br /> <br />ti - ,')..Mu - ;q[;- / <br /> <br />FREE RECORDING <br />GOVERNMENT CODE ~ 6103 <br /> <br />FIRST AMENDMENT TO <br />DEVELOPMENT AGREEMENT <br /> <br />THIS AMENDMENT is made and entered into this 18th day of November, 2002, by and between <br />the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing <br />under the Constitution and laws of the State of California ("City") and MULLROCK <br />MORTGAGE, LLC, A Delaware Limited Liability Company ("Owner" or "Property Owner"). <br /> <br />I <br /> <br />A. Reclt~l~ <br /> <br />The parties to this First Amendment to Development Agreement hereby agree as follows <br /> <br />1. City is authorized pursuant to Government Code Sections 65864 through <br />65869.5 to enter into development agreements with persons having legal or equitable interests in <br />real property for the purpose of establishing certainty for both City and Owner in the <br />development process. City enters into the Agreement pursuant to the provisions of the <br />Government Code and applicable City policies. <br /> <br />2. The City and Bentall/Westminster Partners, Owner's predecessor in <br />interest, have previously entered into a Development Agreement dated on or about December 12, <br />2000, recorded as Document No. 20000672556 with the Recorder of the County of Orange <br />(hereafter referred to as the "Development Agreement"). <br /> <br />3. Subsequent to execution of the Development Agreement, <br />Bentall/Westminster Partners sold the Property, as that word is defined in the Development <br />Agreement, to Owner. <br /> <br />4. The City and Owner wish to amend the Development Agreement to <br />provide for construction and operation on the Property of (i) an approximate 80,000 square foot, <br />four-story office tower, which may include up to 5,000 square feet of ground floor retail/service, <br />with underground parking of approximately 63 spaces; (ii) an approximate 35,000 square feet <br />two-story health club; (iii) addition of 290 parking spaces to the existing parking structure; and <br /> <br />1 <br />