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taxes and transient occupancy taxes produced from the Project Site <br />H. Based on the reasons identified in Recital G, above, together with the commitments <br />and obligations of the Developer to develop the Project Site as contained in this Agreement, the <br />City has determined the conveyance of the Project Site to the Developer for development in <br />accordance with this Agreement is in the best interest of the City. <br />I. The City desires to convey the Property and the Developer desires to accept the <br />Property for the purpose of development of the Project including the Parking Structure on the <br />Property on the terms and conditions set forth in this Agreement. <br />NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE <br />RECEIPT AND SUFFICIENCY OF WHICH THE PARTIES ACKNOWLEDGE, AND <br />PURSUANT TO THE PROMISES AND COVENANTS SET FORTH IN THIS AGREEMENT, <br />THE PARTIES AGREE, AS FOLLOWS: <br />ARTICLE 1 <br />PURPOSE, PARTIES, AND PROJECT SITE <br />1.1 Recitals. The Recitals are hereby incorporated into this Agreement. <br />1.2 Purpose. The purpose of this Agreement is to set forth the obligations of the Parties <br />and the terms and conditions precedent for the conveyance of the City Property from the City to <br />the Developer, and the design, development, construction and operation of the Project and Parking <br />Structure on the Project Site. <br />The City has determined that the construction and operation of the Project by Developer <br />within the City will stimulate direct and indirect economic activity within the City, will enhance <br />the quality of life of residents and will provide substantial additional intangible benefits to the City. <br />As such, the development of the Project Site pursuant to this Agreement and the fulfillment <br />generally of this Agreement are in the vital and best interests of the City, and the health, safety, <br />morals and welfare of its residents and in accord with the public purposes and provisions of <br />applicable federal, state and local laws and requirements. <br />1.3 Parties. <br />1.3.1 The Citv. The City is the City of Santa Ana, a California charter city in the <br />State of California. The principal office of the City is located at 20 Civic Center Plaza, Santa Ana, <br />California, 92702. <br />1.3.2 The Developer. The Developer is Caribou Industries, Inc., a Nevada <br />Corporation. The principal address of the Developer is 1103 N. Broadway, Santa Ana, CA 92701. <br />Whenever the term "Developer" is used herein, such term shall include any permitted nominee, <br />assignee or successor in interest as herein provided. <br />(a) The qualifications and identity of the Developer are of particular <br />concern to the City, and it is because of such qualifications and identity that the City has entered <br />553 94,0004M 3 23 9203.12 <br />