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<br />ORDINANCE NO. NS - <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA APPROVING AN AMENDMENT TO THE <br />DEVELOPMENT AGREEMENT BETWEEN THE CITY OF <br />SANTA ANA, GRAND PLAN 2, LLC, INTEGRAL <br />COMMUNITIES I, INC., AND NDC SKYLINE ASSOCIATES, <br />LLC, FOR PROPERTY LOCATED AT THE SOUTHEAST <br />CORNER OF MAIN STREET AND MACARTHUR <br />BOULEVARD <br /> <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: <br /> <br />SECTION 1: The City Council hereby finds, determines and declares as follows: <br /> <br />A. The City is authorized pursuant to Government Code Sections 65864 <br />through 65869.5 to enter into and amend development agreements with persons having <br />legal or equitable interests in real property for the purpose of establishing certainty for <br />both City and owner in the development process. <br /> <br />B. On July 5, 2005, the City Council adopted Ordinance No. NS-2691, <br />approving a Development Agreement with Grand Plan 1, LLC, and Grand Plan 2, LLC, <br />for a mixed use project, including three high rise condominiums, at the corner of Main <br />Street and MacArthur Boulevard in the City. Subsequently, these entities assigned a <br />portion of the project, known as the Integral element, to Integral Communities, Inc., a <br />Delaware Corporation, and a portion of the remainder from Grand Plan 1, LLC to NDC <br />Skyline Associates, LLC, a Delaware Limited Liability Company. <br /> <br />C. The City enters into this First Amendment to Development Agreement <br />pursuant to the provisions of the Government Code and applicable City policies. <br /> <br />D. The Planning Commission has, following a duly noticed public hearing, on <br />or about May 12, 2008, recommended approval of this First Amendment to Development <br />Agreement. <br /> <br />E. Entering into this First Amendment to Development Agreement would make <br />only minor changes to the project by (1) removing the requirement that the Owner 0 place <br />two gateway entry signs in the public right-of-way with the cost offset against the public art <br />otherwise required for the project, (2) alter the timing of public art to be installed as part of <br />the project from all at the outset, to spread out over four phases of the project, and (3) <br /> <br />Ordinance No. NS- <br />Page 1 <br /> <br />11 A-1 <br />