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surrounding the Property which contributions will have an overall <br />benefit to the entire city of Santa Ana. These contributions exceed <br />the level of mitigation otherwise required by the EIR and are being <br />.provided in exchange for the benefits provided by the City to <br />Developer under this Development Agreement. These contributions are <br />ss follows: <br /> <br /> (a) Monorail or other Fixed-Guidewey Rail Transit station. <br /> Developer agrees to grant' an easement for the purpose of <br /> locating a future monorail or other fixed-guideway rail transit <br /> station on the Property, such grant to be to either the City or to <br /> such entity as may have jurisdiction over the passenger stations <br /> serving such a future fixed-guideway transit system and to be <br /> without cost to the grantee, provided the following conditions are <br /> satisfied: <br /> <br /> (1) The development of the fixed-guideway transit systemhas <br /> progressed to the stage where the construction of <br /> stations servicing the system is appropriate. <br /> <br /> (2) The fixed-guideway transit system is so designed as to be <br /> serviceable by a transit station on the Property. <br /> <br /> (3) A suitable site for the construction of a transit station <br /> in a timely manner and without excessive cost (in <br /> comparison with possible alternative locations) exists on <br /> the Property. <br /> <br /> (4) Mutually acceptable easement and construction agreements <br /> pertaining to a transit station on the Property are <br /> entered into between the Developer and the City or other <br /> entity having jurisdiction over transit stations servic- <br /> ing the fixed-guideway system. <br /> <br />(h) Live Theater. <br /> <br /> The Developer will construct a theater designed for live <br />theatrical perfomances. The live performance theater may be <br />provided as a component of the 1,500-seat cinema complex (in which <br />case the theater may be (i) dual use, allowing for both cinema use <br />and live theatrical performances, or (ii) dedicated solely to live <br />theatrical performances) or, in the alternative, the live perfor- <br />mance theater may be provided in a stand-alone structure utilized <br />solely for live theatrical performances. In any case, the cinema <br />complex and the live performance theater shall contain no more than <br />1,500 seats in the aggregate. The minimum contribution required by <br />Developer with respect to the live performance theater, including <br />physical improvements necessary to accommodate live performance <br />such as the installation of special lighting, stage facilities, <br />seating, showers, dress%ng rooms, offices, storage, and elevators <br /> <br />10 <br /> <br /> <br />