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DRAFT 1.5 Approval of Owner. Owner further hereby represents that it has approved this First Amendment and is authorized to enter into this First Amendment. 1.6 Planning Commission -Council Hearings. On November 10, 2008, the Planning Commission of the City ("Planning Commission"), after giving notice pursuant to Government Code Sections 65090 and 65091, held a public hearing to consider the Owner's application for this First Amendment. This public hearing was duly held, all public testimony was attended to, and the Planning Commission recommended to the City Council of the City that it execute this First Amendment. On December 1, 2008, the City Council of the City of Santa Ana ("Council"), after providing notice as required by law, held a public hearing to consider the Owner's application for this First Amendment. 1.7 Council Findings. The Council finds that this First Amendment is consistent with the General Plan, applicable Specific Plan(s) as well as all other applicable ordinances, plans, policies and regulations of the City. 1.6 City Ordinance. On .200_, the Council adopted Ordinance No. NS- approving this First Amendment. The ordinance becomes effective thirty (30) days thereafter. 2. DEFINITIONS. In the First Amendment, initially capitalized terms used but not defined shall have the following meanings unless the context otherwise requires: 2.0.5 "Executive Director" means the Executive Director of the City's Planning and Building Agency or designee. 2.1 "Final Design" means the final design documents for a work of public art, which is set forth in greater detail in Section 5.2 et seq. of this First Amendment. 2.2 "Map" means Tentative Tract Map No. 17242, approved concurrently with this First Amendment. 2.2 "Property Owner" or "Owner" means Main Street Concourse, LLC, being the person, persons, or entity having a legal or equitable interest in the Sky Lofts Property, and includes Main Street Concourse LLC's successors in interest. 2.3 "Sky Lofts Property" is the real property described in Exhibit A and referred to in Exhibit B. 2.4 "Sky Lofts Project" is the development of the Sky Lofts Property as generally set forth in SD-59, Tentative Tract Map No. 17242, Conditional Use Permit No. 2008-34, Environmental Impact Report No. 2007-02, and Site Plan Review No. 2008-05. The Sky Lofts Project does not include the development of any property within SD-59, other than the Sky Lofts Property. The Sky Lofts Project generally is described as follows: 75A-77