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FIRST AMENDMENT TO <br />DEVELOPMENT AGREEMENT BETWEEN <br />THE CITY OF SANTA ANA, GRAND PLAN 2, <br />NDC SKYLINE ASSOCIATES, LLC, AND <br />INTEGRAL COMMUNITIES I, INC. <br />This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("First Amendment") is <br />entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation duly <br />authorized under the Constitution and laws of the State of California ("City"), and THE GRAND <br />PLAN 2, LLC, a California limited liability company ("GP2"), NDC SKYLINE ASSOCIATES, <br />LLC, a Delaware limited liability company ("Skyline") and INTEGRAL COMMUNITIES I, INC., <br />a Delaware corporation ("Integral Communities I"). <br />1. This First Amendment is entered into with reference to the following facts: <br />1.1 The Grand Plan 1, LLC, a California limited liability company ("GP 1 ") and <br />GP2, on the one hand, and City, on the other hand, entered into that certain Development Agreement <br />dated August 4, 2005 and recorded in the Orange County Official Records on July 21, 2005 as <br />Instrument No. 2005000565108 ("Development Agreement") pursuant to which, among other things, <br />Owner (as defined in the Development Agreement) is required to install Signs and Public Art at a <br />cost of not to exceed Five Hundred Thousand Dollars ($500,000) all of which was to be installed <br />prior to the issuance by the City of the first certificate of occupancy for any Element. GP1 and GP2 <br />subsequently assigned its rights and obligations under the Development Agreement with respect to <br />Lake Towers to Skyline and GP 1 assigned its rights and obligations under the Development <br />Agreement with respect to Integral to Integral Communities I. Capitalized terms not defined herein <br />shall have the meaning set forth in the Development Agreement. <br />1.2 Skyline, GP2, and City now desire to amend the Development Agreement so <br />as to remove the requirement for the installation of the Signs and to provide phasing for the <br />installation of the Public Art. <br />2. Section 2.54 and 2.59 are hereby deleted in their entirety. <br />3. Section 5.1.7 is hereby deleted and replaced with the following: <br />SECTION 5.1.7. Development, Construction and Completion of <br />Public Art. Owner shall include within the Project, a single or grouped <br />permanent work(s) of public art consistent with the Public Art Plan (the <br />"Public Art") at a cost not to exceed Five Hundred Thousand Dollars <br />($500,000) ("Public Art Fee"). <br />4. EXHIBIT B, PUBLIC ART PLAN is hereby deleted and replaced with the document <br />attached hereto and referenced as Exhibit B. <br />5. Except as amended herein the Development Agreement shall remain in full force and <br />effect in accordance with its terms. <br />DOCSOC/1275524v9/024579-0001 7 5 ~ -11 <br />