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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 California <br /> ("City") on the one hand, and ONE BROADWAY PLAZA, LLC, 1200 N. MAIN LLC, and 845 <br /> BROADWAY LLC, each of which is a California Limited Liability Company (collectively <br /> referred to herein as "Owner" or "Property Owner"), on the other 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 entered <br /> into a written Development Agreement, referenced as City Agreement No. A-2004-153 and <br /> recorded as Document No. 2005000414753 of the Official Records of the County of Orange <br /> ("Original Agreement"). <br /> 1.2 Purpose of Original Agreement and Amendment. The purpose of the Original <br /> Agreement and this Amendment is to facilitate the development of the 37 story, 518,000 square <br /> foot, Class A office building and associated parking structure and ancillary commercial <br /> development contemplated by the City's Specific Design Zoning Designation SD-75, <br /> Environmental Impact Report No. 99-01, General Plan Amendment No. 2004-01 and Zoning <br /> Ordinance Amendment No. 2004-02 (the "Pre-Existing Approval Entitlements"). <br /> 1.3 Statutory Authorization. City is authorized pursuant to Government Code <br /> Sections 65864 through 65869.5 to enter into Development Amendments and amendments to <br /> Development Agreements, such as the Original Agreement and this Amendment, with persons <br /> having legal or equitable interests in real property for the purpose of establishing certainty for <br /> both City and Owner in the development process. City enters into the Amendment pursuant to <br /> the provisions of the Government Code and applicable City policies. The parties acknowledge: <br /> (1) This Amendment is intended to assure adequate public facilities at the <br /> <br /> time of development. <br /> (2) This Amendment is intended to assure development in accordance with <br /> City's General Plan, applicable Specific Plans and Specific Development District No. 75. <br /> 1 <br /> 75A-7 <br /> <br />