75C - PUBLIC HEARING - AMEND DEVELOPMENT AGMT MACARTHUR PLACE

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ORDINANCE NO. NS - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA, GRAND PLAN 2, LLC, INTEGRAL COMMUNITIES I, INC., AND NDC SKYLINE ASSOCIATES, LLC, FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MAIN STREET AND MACARTHUR BOULEVARD THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into and amend development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. B. On July 5, 2005, the City Council adopted Ordinance No. NS-2691, approving a Development Agreement with Grand Plan 1, LLC, and Grand Plan 2, LLC, for a mixed use project, including three high rise condominiums, at the corner of Main Street and MacArthur Boulevard in the City. Subsequently, these entities assigned a portion of the project, known as the Integral element, to Integral Communities, Inc., a Delaware Corporation, and a portion of the remainder from Grand Plan 1, LLC to NDC Skyline Associates, LLC, a Delaware Limited Liability Company. C. The City enters into this First Amendment to Development Agreement pursuant to the provisions of the Government Code and applicable City policies. D. The Planning Commission has, following a duly noticed public hearing, on or about May 12, 2008, recommended approval of this First Amendment to Development Agreement. E. Entering into this First Amendment to Development Agreement would make only minor changes to the project by (1) removing the requirement that the Owner 0 place two gateway entry signs in the public right-of--way with the cost offset against the public art otherwise required for the project, (2) alter the timing of public art to be installed as part of the project from all at the outset, to spread out over four phases of the project, and (3) Ordinance No. NS- Page 1 75C-16