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EXHIBIT 1 <br />FIRST AMENDMENT TO <br />DEVELOPMENT AGREEMENT BETWEEN <br />THE CITY OF SANTA ANA; and <br />ONE BROADWAY PLAZA, LLC, <br />1200 N. MAIN, LLC, and <br />845 BROADWAY, LLC <br />This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT <br />( "Amendment ") is entered into between THE CITY OF SANTA ANA, a charter city and <br />municipal corporation duly authorized under the Constitution and laws of the State of California <br />( "City ") on the one hand, and ONE BROADWAY PLAZA, LLC, 1200 N. MAIN LLC, and 845 <br />BROADWAY LLC, each of which is a California Limited Liability Company (collectively <br />referred to herein as "Owner" or "Property Owner "), on the other hand. <br />This Amendment is entered into with reference to the following facts: <br />1.1 Original Agreement. On or about July 19, 2004, the City and Owner entered <br />into a written Development Agreement, referenced as City Agreement No. A- 2004 -153 and <br />recorded as Document No. 2005000414753 of the Official Records of the County of Orange <br />( "Original Agreement "). <br />1.2 Purpose of Original Agreement and Amendment. The purpose of the Original <br />Agreement and this Amendment is to facilitate the development of the 37 story, 518,000 square <br />foot, Class A office building and associated parking structure and ancillary commercial <br />development contemplated by the City's Specific Design Zoning Designation SD -75, <br />Environmental Impact Report No. 99 -01, General Plan Amendment No. 2004 -01 and Zoning <br />Ordinance Amendment No. 2004 -02 (the "Pre- Existing Approval Entitlements "). <br />1.3 Statutory Authorization. City is authorized pursuant to Government Code <br />Sections 65864 through 65869.5 to enter into Development Amendments and amendments to <br />Development Agreements, such as the Original Agreement and this Amendment, with persons <br />having legal or equitable interests in real property for the purpose of establishing certainty for <br />both City and Owner in the development process. City enters into the Amendment pursuant to <br />the provisions of the Government Code and applicable City policies. The parties acknowledge: <br />(1) This Amendment is intended to assure adequate public facilities at the <br />time of development. <br />(2) This Amendment is intended to assure development in accordance with <br />City's General Plan, applicable Specific Plans and Specific Development District No. 75. <br />Ordinance No. NS- <br />Page 4 <br />11 A -4 <br />