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ORDINANCE NO. NS-2769 <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 />THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: <br />SECTION 1: The City Council hereby finds, determines and declares as follows: <br />A. The City is authorized pursuant to Government Code Sections 65864 <br />through 65869.5 to enter into and amend development agreements with <br />persons having legal or equitable interests in real property for the purpose <br />of establishing certainty for both City and owner in the development <br />process. <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 <br />Plan 2, LLC, for a mixed use project, including three high rise <br />condominiums, at the corner of Main Street and MacArthur Boulevard in <br />the City. Subsequently, these entities assigned a portion of the project, <br />known as the Integral element, to Integral Communities, Inc., a Delaware <br />Corporation, and a portion of the remainder from Grand Plan 1, LLC to <br />NDC Skyline Associates, LLC, a Delaware Limited Liability Company. <br />C. The City enters into this First Amendment to Development Agreement <br />pursuant to the provisions of the Government Code and applicable City <br />policies. <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 <br />Development Agreement. <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 <br />Owner place two gateway entry signs in the public right-of-way with the cost <br />offset against the public art otherwise required for the project, (2) alter the <br />timing of public art to be installed as part of the project from all at the outset, <br />to spread out over four phases of the project, and (3) require Grand Plan 2 <br />and NDC Skyline to be responsible for public art for its three phases of the <br />project, and Integral Communities i to be responsible for the public art for its <br />one, single phase. <br />Ordinance No. NS-2769 <br />Page 1 of 16 <br />