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NWIFIM <br />CITY OF SANTA ANA <br />DISPOSITION AND DEVELOPMENT AGREEMENT <br />Downtown Hotel and Mixed -Use: Residential and Retail/Commercial Project <br />At Third and Broadway <br />This DISPOSIT10N AND DEVELOPMENT AGREEMENT ("Agreement" or "DDA") is <br />entered into as of , 2016 (the "Effective Date"), by and between the CITY <br />OF SANTA ANA, a California municipal corporation ("City"), and _, a <br />("Developer"). <br />RECITALS <br />A. City is the fee owner of certain real property collectively consisting of approximately <br />acres located at and approximately acres that constitutes a portion of the <br />parcel located at as more particularly described in Attachment No. 3, attached hereto and <br />incorporated herein by reference and depicted on the Map of the Project Site (collectively, the <br />"City Property"). <br />B. In 20 , Developer contacted City to express an interest in purchasing the City <br />Property N;71t—hthe int—ent of redeveloping the City Property and the Developer Property with a <br />mixed use hotel and commercial/retail. project. <br />C. City and Developer have negotiated terms pursuant to which Developer will purchase the <br />City Property from the City for the development of an approximately _ room hotel and retail, <br />restaurant and. caf6 space as more particularly described in the Scope of Development, attached <br />hereto as Attachment No. 5 (the "Project"), which will be located on the City Property (the <br />"Project Site"). The proposed Project will result in the redevelopment of iandenitilized land and <br />aging structures, development of extended stay hotel rooms to accommodate a demand in <br />Downtown Santa Ana and nearby to the Orange County Courthouse facility, increased <br />employment opportunities within the City and additional property taxes, sales taxes and transient <br />occupancy taxes produced from the Project Site. Additionally, Developer has agreed to pay the <br />City the full fair market value for the purchase of the City Property, which will provide <br />additional general fund revenue for the City. <br />D. Based on the reasons identified in Recital C, above, together with the commitments and <br />obligations of the Developer to develop the Project Site as contained in this Agreement, the City <br />has determined that the sale of the Project Site to the Developer for development in accordance <br />with this Agreement is in the best interest of the City. <br />NOW THEREFORE, the Parties hereby agree as follows. <br />Article 1 <br />PURPOSE, PARTIES, AND PROJECT SITE <br />1.1 Recitals. The Recitals axe hereby incorporated into this Agreement. <br />EXHIBIT 1 <br />55394.00000'09008220.1 65D-1 2 <br />