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DEVELOPMENT AGREEMENT BETWEEN <br />THE CITY OF SANTA ANA AND <br />HERITAGE VILLAGE OC, LLC, <br />a Delaware limited liability company <br />This DEVELOPMENT AGREEMENT is entered into between THE CITY OF SANTA <br />ANA, a charter city and municipal corporation duly authorized under the Constitution <br />and laws of the State of California ( "City ") and Heritage Village OC, LLC, a Delaware <br />limited liability company ( "Owner "). The City and Owner are referred to jointly within this <br />Development Agreement as the "Parties" and individually as a "Party." <br />1. RECITALS. The Development Agreement is entered into with reference to the <br />following facts: <br />1.1 The Property. The real property which is the subject of this Development <br />Agreement is located at 2001 East Dyer Road in Santa Ana, California <br />( "Property "). The Property is more particularly described in Exhibits A and <br />B to this Development Agreement. <br />The Property is an 18.84 acre parcel that is located at the northwesterly <br />corner of East Dyer Road and Red Hill Avenue. The property contains a <br />single building approximately 355,000 square feet in size that was <br />constructed in 1972. The building is currently occupied by a variety of <br />uses, including a data center that is occupying approximately 10,000 <br />square feet, and various temporary uses utilizing a small portion of the <br />existing warehouse space. Approximately 430 parking spaces are <br />currently on -site. Regional access to the project site is generally provided <br />via State Route 55 at the Dyer Road exit. Access to the project site is <br />provided by Red Hill Avenue and Dyer Road, the latter of which becomes <br />Barranca Parkway in the City of Irvine. The project site is located within <br />the City of Santa Ana limits; however it is adjacent to the Cities of Irvine <br />and Tustin. Areas across from Red Hill Avenue (to the east) are within the <br />City of Tustin and are part of the former Tustin Marine Corps Air Station, <br />now known as the Tustin Legacy. Areas across from Dyer Road (to the <br />south) are in the City of Irvine within the Irvine Business Complex. <br />1.2 Purpose of this Development Agreement. <br />(a) The purpose of this Development Agreement is to facilitate the <br />development of the Property. <br />(b) Owner's proposed project would redevelop the project site to <br />provide three mixed used buildings that would provide 1,221 multi- <br />family apartments, 12,675 square feet of retail commercial space <br />and 5,415 square feet of restaurant space. The existing 355,000 <br />square foot office /warehouse building would be reduced in size by <br />removing the warehouse portion of the structure to provide a two- <br />