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<br />AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN <br />THE CITY OF SANTA ANA AND <br />MAIN STREET CONCOURSE, LLC <br /> <br />This AMENDED AND RESTATED DEVELOPMENT AGREEMENT <br />("Agreement") 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") and MAIN STREET CONCOURSE, LLC, a California Limited Liability Company <br />("Owner" or "Property Owner"). <br /> <br />1. RECITALS. This Agreement is entered into with reference to the following <br /> <br />facts: <br /> <br />1.1 Original Agreement. The City and Owner's predecessor in interest, <br />Orient Corporation of America, Inc., a California corporation ("Orient"), are parties to that <br />certain Development Agreement entered into on or about May 3, 1993 and recorded as <br />Document Number 93-0385606 with the Recorder's Office of the County of Orange (the <br />"Original Agreement"). <br /> <br />(1) The purpose of the Original Agreement was to facilitate the <br />development of the mixed-use project contemplated by the City's Specific Design Zoning <br />Designation SO-59 (SO-59), Vesting Tentative Map No. 14408 and EIR No. 93-_. <br /> <br />(2) Orient's interest was subsequently acquired by Owner, who has <br />applied to the City for approvals of a modified project, including an amendment to SO-59 and a <br />new vesting tentative map. <br /> <br />(3) The City and Owner agree that the changes Owner seeks in the <br />Original Agreement substantiate the need to amend and restate the Original Agreement. <br /> <br />1.2 Code Authorization. The City is authorized pursuant to Government <br />Code Sections 65864 through 65869.5 to enter into Development Agreements with persons <br />having legal or equitable interests in real property for the purpose of establishing certainty for <br />both the City and Owner in the development process. The City enters into the Agreement <br />pursuant to the provisions of the Government Code and applicable City policies. The parties <br />acknowledge: <br /> <br />(1) <br />the time of development. <br /> <br />This Agreement is intended to assure adequate public facilities at <br /> <br />(2) This Agreement is intended to assure development in accordance <br />with the City's General Plan, applicable Specific Plans and Specific Development District <br />No. 59, as modified concurrently herewith by Ordinance No. NS-2676. <br /> <br />1 <br /> <br />11 0-5 <br />