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Amend DA No. 05-02 and CUP Nos. 05-10 & 05-15 <br />March 23, 2009 <br />Page 3 <br />The modifications to Development Agreement No. 2005-02 and Conditional <br />Use Permit No. 2005-10 will give Nexus the ability to rent some or all <br />units within the 349-unit Skyline Towers project, which was completed in <br />October of 2008. Further, the modifications to the development <br />agreement as well as Conditional Use Permit No. 2005-15 will give <br />Integral the ability to secure financing and begin construction on the <br />276-unit Montage mid-rise development that will be located at the <br />southwest corner of Main Street and MacArthur Boulevard (Exhibit 4). <br />Given that the towers have been constructed with the original <br />expectation that the residential units would be immediately offered for <br />sale as luxury condominiums, the various design elements and amenities <br />(enhanced interior and exterior finishes, unit fixtures, public and <br />private spaces) for the Skyline Towers project are of a quality that <br />exceeds that provided for any comparable project, rental or for-sale. <br />In addition, because the units are completed but vacant, it allows for <br />the towers to be occupied despite the recent downturn in the housing and <br />financing markets. Further, it minimizes the potential for the towers <br />to remain vacant for an extended period of time and provides readily <br />available housing in the community. Nexus still remains committed to <br />the eventual sale of units within the Skyline Towers and will be <br />actively involved in the sale or rental of the units. <br />Integral is also committed to developing the project as entitled, with <br />the design elements, finishes and amenities for the Montage project to <br />be of the highest quality. Integral is also committed to the eventual <br />sale of units within the Montage project and will also be involved in <br />the sale or rental of the units. <br />The documents allowing the sale of units, including the subdivision map <br />and covenants, conditions and restrictions (CC&Rs), have been recorded <br />for the Skyline project, which allows Nexus the ability to continue to <br />sell units now and in the future as the housing and financial markets <br />shift. Thus this action may be a bridge to the ultimate owner occupancy <br />of the project. The same documents have also been recorded for the <br />Montage project, which will also allow Integral the ability to sell <br />units as the project is constructed. <br />The downturn in multi-family residential development has impacted <br />projects throughout the county. Other adjacent communities such as <br />Anaheim, Costa Mesa and Irvine have entitled similar mid and high-rise <br />projects that have either been placed on hold or are recently completed. <br />Table 1, shown on the following page, provides an update of select <br />projects in these jurisdictions as well as identifies if the projects <br />can be converted from condominiums to apartments. <br />75A-5 <br />