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with the Executive Director of the Community Development <br />Agency. <br />(b) Owner's payment of the in lieu fees shall be paid in phases <br />consistent with the phases of development set forth in Section 5.8. <br />The Owner shall pay the applicable in lieu fee for each phase of <br />the project, based on the habitable space within that phase of the <br />project, prior to the issuance of the first building permit for that <br />phase of the project." <br />IN WITNESS WHEREOF, this Amendment No. 1 to the Development Agreement has <br />been executed by the City of Santa Ana and by the Owner. <br />Dated this day of , 20 <br />ATTEST: <br />Maria Huizar, Clerk of the Council <br />APPROVED AS TO FORM: <br />SONIA CARVALHO <br />City Attorney <br />Lisa Storck, Assistant City Attorney <br />RECOMMEND APPROVAL: <br />Hassan Haghani, Executive Director <br />Planning & Building Agency Name: <br />Title: <br />CITY OF SANTA ANA <br />David Cavazos, City Manager <br />HERITAGE VILLAGE OC, LLC <br />a Delaware limited liability company <br />Ordinance No. NS -2911 <br />Page 7 of 7 <br />