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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 <br />California ("City") on the one hand, and ONE BROADWAY PLAZA, LLC, 1200 N. MAIN <br />LLC, and 845 BROADWAY LLC, each of which is a California Limited Liability <br />Company (collectively referred to herein as "Owner" or "Property Owner"), on the other <br />hand. <br />1. 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 <br />entered into a written Development Agreement, referenced as City Agreement No. A- <br />2004-153 and recorded as Document No. 2005000414753 of the Official Records of <br />the County of Orange ("Original Agreement"). <br />1.2 Purpose of Original Agreement and Amendment. The purpose of the <br />Original Agreement and this Amendment is to facilitate the development of the 37 story, <br />518,000 square foot, Class A office building and associated parking structure and <br />ancillary commercial development contemplated by the City's Specific Design Zoning <br />Designation SD-75, Environmental Impact Report No. 99-01, General Plan Amendment <br />No. 2004-01 and Zoning Ordinance Amendment No. 2004-02 (the "Pre-Existing <br />Approval Entitlements"). <br />1.3 Statutory Authorization. City is authorized pursuant to Government <br />Code Sections 65864 through 65869.5 to enter into Development Amendments and <br />amendments to Development Agreements, such as the Original Agreement and this <br />Amendment, with persons having legal or equitable interests in real property for the <br />purpose of establishing certainty for both City and Owner in the development process. <br />City enters into the Amendment pursuant to the provisions of the Government Code <br />and applicable City policies. The parties acknowledge: <br />(1) This Amendment is intended to assure adequate public facilities at <br />the time of development. <br />(2) This Amendment is intended to assure development in accordance <br />with City's General Plan, applicable Specific Plans and Specific Development District <br />No. 75. <br />Ordinance No. NS-2806 <br />Page 4 of 11 <br />