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A-2008-204 <br />FIRST AMENDMENT TO <br />DEVELOPMENT AGREEMENT RF.TWEEN <br />TQE CITY OF SANTA ANA, GRAND PLAN ?,, <br />NDC 3i{YLI~IE ASSOCIATES, LLC, AND <br />INTEGRAL COMriUNi'1'It9 I, INC. <br />This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("First AmendmettC') is <br />entered into between THE CITY OF SANTA ANA, a charter city Gad municipal exnporadon duly <br />authorized under the Constitution Gad laws of the State of California ("City'"}, and TFiIEs GRAND <br />PLAN 2, LLC, a California limited liabr'lity company ("GP2'"}, NDC SKYLINE ASSOCIATES, <br />LLC, a Delaware Hmited liability company ("Skyline") and INTEGRAL COMMUNITIES I, [NL'., <br />a Delaware corporation ("Integal Communities I'~. <br />1. This Fitat Amendment is eeleted into with reference to the following facts: <br />1.1 The Grand Plao 1, LLC, a California limited liability company {"GP1"j and <br />GP2, on the one hand, and City, on the other hand, entered into that certain Development Agreement <br />dated Augttsi 4, 2005 and recorded in the Onrngr County Official Records on July 2l, 2003 as <br />lnslrurtteett No. 2005000565108 ("Development Agreement"} pursuant to which, among other thirtpe, <br />Owner (as defined in the Ueveloptrtent AgroerttenQ is requirod to install Signs and Public Art at a <br />cost of not to accred Five Hundred Thousand Dollars {~SOU,Ui>0) aI] of which was rb be iwtallod <br />prior to the issuance by the City of the fast csrctificate of occupancy for any I'slemcnt. GP1 and GP2 <br />subsequently assigned its rights and obligations under the Dcveiopntent Agreement with aspect W <br />Lake Towers to Skylira end GPI assigned its rights Gad obligations under tho 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 />t.2 Skyline, (iP2, and City now desire to amend the Development Ageetne~t so <br />as to rmmove the requirement for the instsllstian of the Signs and to provide phasing for the <br />installation of the Public Art. <br />2. Section 2,54 and 2.59 aro hereby deleted in their entirety. <br />3. Section 5.1.7 is hereby deleted and replaced with the fiollowing: <br />SECTION 5.1.7. Development, Conetrucdon 4nd Completion ai <br />P~hlk Art. Owner shall include within the Project, a single or groupod <br />permanent work(s) of public art caasistaat with the Public Art Pian (the <br />"Public Art") at a cost not to exezod Five Hundred Thousand Dollars <br />{Ss00,000) ("Public Art Fee"). <br />4. EXHIBIT B, PUBLIC ART PLAN is hereby deleted and replaced with the doeumettt <br />attached hereto and refererx;ed as Exhibit $. <br />S. )rxccpt as amended herein the Development Ageement shall remain in full fence and <br />effect in accordance with its terms. <br />DOCSOCJ 1273524v 10/024579-~Ki01 <br />Ordinance No. NS-2769 <br />Page 8 of 1 fi <br />