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A- 2005 -052 AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MAIN STREET CONCOURSE, LLC This AMENDED AND RESTATED DEVELOPMENT AGREEMENT ( "Agreement ") is entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California ( "City ") and MAIN STREET CONCOURSE, LLC, a California Limited Liability Company ( "Owner" or "Property Owner "). RECITALS. This Agreement is entered into with reference to the following facts: 1.1 Original Agreement. The City and Owner's predecessor in interest, Orient Corporation of America, Inc., a California corporation ( "Orient "), are parties to that certain Development Agreement entered into on or about May 3, 1993 and recorded as Document Number 93- 0385606 with the Recorder's Office of the County of Orange (the "Original Agreement "). (1) The purpose of the Original Agreement was to facilitate the development of the mixed -use project contemplated by the City's Specific Design Zoning Designation SD -59 (SD -59), Vesting Tentative Map No. 14408 and EIR No. 93 -_ (2) Orient's interest was subsequently acquired by Owner, who has applied to the City for approvals of a modified project, including an amendment to SD -59 and a new vesting tentative map. (3) The City and Owner agree that the changes Owner seeks in the Original Agreement substantiate the need to amend and restate the Original Agreement. 1.2 Code Authorization. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into Development Agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both the City and Owner in the development process. The City enters into the Agreement pursuant to the provisions of the Government Code and applicable City policies. The parties acknowledge: (1) This Agreement is intended to assure adequate public facilities at the time of development. (2) This Agreement is intended to assure development in accordance with the City's General Plan, applicable Specific Plans and Specific Development District No. 59, as modified concurrently herewith by Ordinance No. NS -2676.