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2.2 "Applicable Rules" means all rules, regulations, ordinances and official <br />plans and policies of the City in force as of the Effective Date as included <br />within the Santa Ana Municipal Code ( "SAMC "), the Metro East Mixed - <br />Use Overlay Zone, this First Amended and Restated Development <br />Agreement and the Entitlements, as defined below. <br />2.3 "Effective Date" means May 2, 2007, the date upon which the ordinance <br />approving the Original Agreement became effective. <br />2.4 "Entitlements" means this First Amended and Restated Development <br />Agreement modifying Development Agreement No. 2007 -01, <br />Environmental Review No. 2006 -01, the Addendum, General Plan <br />Amendment No. 2007 -01, Vesting Tentative Tract Map No. 2013 -4, <br />Zoning Ordinance Amendment No. 2007 -01, the Metro East Overlay Zone <br />Public Realm Improvement Plan, Site Plan Review Approval No. 2013 -3, <br />and any changes to these to which Owner has consented in writing. <br />2.5 "In Lieu Park Development Fee" means the fee to be paid by Owner to <br />fully satisfy all park - related obligations of the Project as provided in <br />Section 5.10 below. <br />2.6 "Owner" means Lyon Housing (First Street) XLVIII, LLC, a Delaware <br />limited liability company. <br />2.7 "Original Agreement" means the Development Agreement between the <br />City and 1901 E. 1 st Street Partners, LLC approved by the City Council on <br />April 2, 2007, by Ordinance No. NS -2741. <br />2.8 "Original Hearing Date" means the date on which the City Council <br />conducted the first reading of Ordinance No. NS -2741 approving the <br />Original Agreement. <br />2.9 "Project' is the development on the Property of a 264 -unit multiple family <br />residential development and approximately 2,424 square feet of retail <br />space as generally set forth in the Entitlements. <br />2.10 "Property" means the real property described in Exhibit A and referred to <br />in Exhibit B. <br />2.11 "Public Art" is defined in Section 5.1.7. <br />2.12 "Public Art Fee" is defined in Section 5.1.7 <br />2.13 "Public Art Plan" is set forth in Exhibit C to this First Amended and <br />Restated Development Agreement. <br />067619 \5448832v5 5 <br />