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(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 16"' day of March 2017 <br />ATTEST: <br />Var'ialfuizar, Cler V f the Council <br />APPROVED AS TO FORM: <br />SONIA CARVALHO <br />City Attorney <br />Lisa Storck, Assistant City Attorney <br />RECOMMEND APPROVAL: <br />�7 <br />f-fassan Haghan , Exe ive Director <br />Planning & Building Agency <br />CITY OF SANTA ANA <br />A, -,/4r 4"V <br />I' Gerardo Mouet, A ting City Manager <br />HERIT ILL. <br />a Delawr li ited <br />By: <br />Name: <br />Title: <br />1121667, 1)1,'0(' <br />3n9412-00005,3- 21-T7%vr&wrd -4- <br />a <br />mpany <br />C-vc ( ,V07� Kms, <br />