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(ROH 08/05/13) <br />ORDINANCE NO. NS -XXX <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA APPROVING A SECOND AMENDED <br />DEVELOPMENT AGREEMENT BETWEEN THE CITY OF <br />SANTA ANA AND VDC AT THE MET, LLC, A CALIFORNIA <br />LIMITED LIABILITY COMPANY <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br />A. The City is authorized pursuant to Government Code Sections 65864 <br />through 65869.5 to enter into development agreements with persons having legal or <br />equitable interests in real property for the purpose of establishing certainty for both City <br />and owner in the development process. <br />B. The City enters into this Second Amended Development Agreement <br />pursuant to the provisions of the Government Code and applicable City policies. <br />C. The Planning Commission has, following a duly noticed public hearing, on <br />July 8, 2013, recommended approval of this Second Amended Development <br />Agreement. <br />D. The purpose of this Second Amended Development Agreement is to <br />revise the Amended Development Agreement, dated April 16, 2012, to allow for the <br />assignment of the Development Agreement for the property located at 200 East First <br />American Way, Santa Ana, including all of the rights, duties, obligations, and benefits <br />contained therein, to the prospective new property owner. <br />E. The project and the use that the owner proposes in connection with the <br />property have been extensively reviewed and considered by the City, and such <br />proposed development and use have been found to accommodate the City's <br />recommendations and suggestions in order to protect the public's interest to enhance <br />the desirability of such proposed development and use. The terms and conditions of <br />this Second Amended Development Agreement have been found to be fair, just and <br />reasonable, and the City has concluded that the pursuit of the Project will serve the <br />interests of the City. <br />Ordinance No. NS -XXX <br />Page 1 of 3 <br />11 B -3 <br />