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<br />A-200B-204 <br /> <br />FIRST AMENDMENT TO <br />DEVELOPMENT AGREEMENT BETWEEN <br />THE CITY OF SANTA ANA, GRAND PLAN 1, <br />NDC SKVLISE ASSOCIATES, LLC, AND <br />INTEGRAL COMMIDH11ES I, INC. <br /> <br />This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (~FiIllt Amendment") is <br />entered into between THE CITY OF SANTA ANA, a chart... city and municipal corporation duly <br />aulborized under Ibe Constitution and laws of the Stale of California ("City''), and THE GRAND <br />PLAN 2, LLC, a California limited liability company ("GP2"), NDC SKYLINE ASSOCIATES, <br />LLC, . Delaware limited liability company ("Skyline") and INTEGRAL COMMUNITIES I, INC., <br />a Delaware corporation e'lntegral CommlDlities I"). <br /> <br />I. This First Amendment is enlered into with reference to Ihe following facts: <br /> <br />1.1 The Grand Plan I, LLC, a Califumia limited liability company ("OP 1'1 and <br />GP2, on the one hand, and City, on the other hand, entered into that certain Developmenl Agreement <br />dated August 4, 200S and recorded in the Orange County Official Records on Iuly 21, 200S .. <br />Inslrumeul No. 200S000S6S I 08 ("Development Agreement") pursuanl to which, among other thingll, <br />Owner (as defined in Ibc Development Agreemenl) is required to install Signs and Public Art al a <br />cost of not to exceed Five Hundred Thou"""d Dollars ($500,000) all of which was to be insralled <br />prior to the issuance by Ihe City of the first certificate of occupaocy for any Element. GPI and GP2 <br />subsequently ..signed its rigbts and ohligations under the Development Agreement wilh respeclto <br />Lake Towers to Skylino and GPI assigned its rights and ohligations under the Development <br />Agreement wilb respect to Integral to Integral Communities I. C.piralized terms not defined herein <br />,hall h,ve the me.ning set forth in the Development Agreement. <br /> <br />l.2 Skyline, GP2, and City now desire to amend the Development AgreelDODt so <br />as to remove the requirement for !he insrallation of Ihe Signs and to pro.;de phasing for Ihc <br />installation of lbo Public Art. <br /> <br />2. Section 254 .nd 2.S9 are hereby deleted illlhoir entirety. <br /> <br />3. Section S.1.7 is hereby deleted and replaced with the following: <br /> <br />SECTION 5.1.7. Development. Co..truellon and Complellon of <br />Publie Art. Owner shall include within the Projec~ a single or grouped <br />permanenl wnrlc(sJ of public art conaistent wilb the Public Art Plan (the <br />"Public Art") at a COlIt not to exceed Five Hundred Thousand Dollars <br />($500,000) ("Public Art Fee"). <br /> <br />4. EXHIBIT B, PUBLIC ART PLAN is hereby deleted .nd repl....>d wilb Ibe document <br />attached bereto and referenced .. Exhibit B. <br /> <br />5. Except as .mended herein the Development Agreement shall remain in full force and <br />effect in accordance with its terms. <br /> <br />DOC'SOC/127S524v I 01024' 79-0UO 1 <br /> <br />Ordinance No. NS-2769 <br />Page 6 of 16 <br />