Laserfiche WebLink
FOURTH AMENDMENT TO <br />DEVELOPMENT AGREEMENT BETWEEN <br />THE CITY OF SANTA ANA, and <br />THE GRAND PLAN 2, LLC, and <br />LYON INTEGRAL MACARTHUR PLACE, LLC <br />This FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT ("Fourth Amendment") is <br />entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation duly <br />authorized under the Constitution and laws of the State of California ("City"), THE GRAND PLAN <br />2, LLC, a California limited liability company ("GP2"), and LYON INTEGRAL MACARTHUR <br />PLACE, LLC, a Delaware limited liability company ("Lyon/Integral"). <br />1. Reference to Facts. This Fourth Amendment is entered into with reference to the <br />following facts: <br />1.1 Capitalized terms not defined herein shall have the meaning set forth in the <br />Development Agreement. <br />1.2 The Grand Plan 1, LLC, a California limited liability company ("GPI") and <br />The Grand Plan 2, LLC, a California limited liability company ("GP2"), on the one hand, and City, <br />on the other hand, entered into that certain Development Agreement dated August 4, 2005 and <br />recorded in the Orange County Official Records on July 21, 2005 as Instrument No. 2005000565108 <br />(as amended, the "Development Agreement") pursuant to which, among other things, Owner (as <br />defined in the Development Agreement) was granted the vested right to develop a mixed use Project <br />with residential condominiums and office/commercial/retail uses, as more particularly described <br />therein. GP2's current rights and obligations under the Development Agreement include the <br />Residential Condominium Units Element of the Project, which is the subject of this Fourth <br />Amendment. The Residential Condominium Units Element of the Project was initially referenced as <br />the "Integral Project" in the original Development Agreement, but shall be amended by this <br />agreement to be referenced as the "Lyon/Integral Project." <br />1.3 A First Amendment to the Development Agreement by and between the City, <br />GP2, NDC Skyline Associates, LLC and Integral Communities I, Inc. (the latter two being assignees <br />of GP 1 and GP2 as applicable) was executed on or about July 7, 2005 and recorded in the Orange <br />County Official Records on July 22, 2005 as Instrument No. 2008000349227. A Second <br />Amendment to the Development Agreement by and between the City, NDC Skyline Associates, <br />LLC, and Integral Communities I, Inc. was adopted by Ordinance Nos. NS-2782 and NS-2783 on or <br />about May 18, 2009, and recorded in the Orange County Official Records as Instrument No. <br />2009000447820. A Third Amendment to the Development Agreement by and between the City and <br />The Grand Plan 2, LLC was adopted by Ordinance No. NS-2786 on or about June 1, 2009, and <br />recorded in the Orange County Official Records as Instrument No. 2009000447821. <br />1.4 Lyon/Integral is an assignee of Integral Communities I, Inc. under the <br />Development Agreement. <br />1.5 The original Development Agreement and Entitlements (i) described the <br />Residential Condominium Units ("Lyon/Integral Project") Element of the Project as consisting of a <br />4th amendment to development agreement 002 (2)2 <br />2 <br />319/2011 1:40 PM <br />75B-40