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A-2015-177 <br />RECORDING REQUESTED BY <br />AND WHEN RECORDED MAIL TO. <br />City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, California 92701 <br />Attention: City Clerk <br />To be recorded without fee. (Space Above This Line For Recorder's Use Only) <br />(Government Code, §§ 6103 and 27383) <br />FIRST AMENDMENT TO INCLUSIONARY HOUSING AGREEMENT <br />THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this 4th day of <br />April, 2017, by and between Santa Ana 5 Inv., LLC, a Delaware limited liability company <br />("Developer"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. City and Developer entered into Inclusionary Housing Agreement No. A-2015- <br />177, dated August 4, 2015, related to the property located at 1010 S. Harbor <br />Boulevard, Santa Ana, CA, in compliance with the City's Housing Opportunity <br />Ordinance ("said Agreement"). <br />B. The Developer now wishes to change the location of the affordable units throughout <br />the project. Accordingly, in accordance with the terms and conditions of said <br />Agreement, the Parties desire to revise the Phasing Plan Exhibits in said <br />Agreement depicting the location of the affordable units throughout the project. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and <br />subject to the terms and conditions of said Agreement, except as herein modified, the <br />parties agree as follows: <br />1. The Phasing Plan Map depicting the location of the affordable units for the <br />project in the following Exhibits in said Agreement shall be replaced with the <br />Revised Phasing Plan Map attached hereto as Exhibit 1 and incorporated herein <br />by this reference: <br />- Exhibit 2 --- Site Map <br />- Exhibit 3 — Inclusionary Housing Plan <br />- Exhibit 4 -- Schedule of Performance for Construction of Inclusionary Units <br />- Exhibit 8 -- Developer's Phasing Map <br />3. Except as hereinabove modified, all terms and conditions of said Agreement <br />shall remain in full force and effect. <br />