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feet (3.0') and drive piles in the area shown on Exhibit E to support the eventual 37-story office <br /> <br /> tower. The scarifying and pile driving shall be done at a time and manner as set forth in plans <br /> submitted by Owner and approved by the Executive Director of the Public Works Agency, and <br /> only after written notice of the commencement date and estimated duration of the pile driving has <br /> been given by Owner to the Santa Ana Unified School District, Orange County High School of <br /> <br /> the Arts, and El Sol Academy. The scazified area shall be refilled after the pile driving is <br /> complete to its original grade as shown in the approved plans and, if a building permit has not <br /> been issued and construction of the Project has not commenced within one hundred twenty (120) <br /> days thereafter, landscaped, irrigated and fenced in accordance with plans submitted by Owner <br /> and approved by the Executive Director of the Planning and Building Agency. <br /> 7. Except as hereby expressly amended by this Amendment, the Original Agreement shall <br /> <br /> remain in full force and effect. <br /> IN WITNESS WHEREOF, this Amendment has been executed by the City of <br /> Santa Ana, acting by and through its City Manager, pursuant to Ordinance No. <br /> authorizing such execution, and by Property Owner. <br /> Dated this day of , 2010. <br /> THE CITY OF SANTA ANA <br /> By <br /> DAVID N. REAM <br /> City Manager <br /> <br /> Approved as to Form: <br /> <br /> By <br /> JOSEPH W.FLETCHER <br /> City Attorney <br /> [Signatures continued on next page] <br /> ONE BROADWAY PLAZA, LLC, <br /> 4 <br /> 75A-10 <br /> <br />