ORIENT CORPORATION OF AMERICA, INC. (2)

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surrounding the Property which contributions will have an overall benefit to the entire City of Santa Ana. These contributions exceed the level of mitigation otherwise required by the EIR and are being provided in exchange for the benefits provided by the City to Developer under this Development Agreement. These contributions are as follows: (a) Monorail, or other Fixed -Guideway Rail Transit Station. Developer agrees to grant an easement for the purpose of locating a future monorail or other fixed -guideway rail transit station on the Property, such grant to be'to either the City or .to such entity as may have jurisdiction over the passenger stations serving such a future fixed -guideway transit system and to be without cost to the grantee, provided the following conditions are satisfied: (1) The development of the fixed -guideway transit system has progressed to the stage where the construction of stations servicing the system is appropriate. (2) The fixed -guideway transit system is so designed as to be serviceable by a transit station on the Property. (3) A suitable site for the construction of a transit station in a timely manner and without excessive cost (in comparison with possible alternative locations) exists on the Property. (4) Mutually acceptable easement and construction agreements pertaining to a transit station on the Property are entered into between the Developer and the City or other entity having jurisdiction over transit stations servic- ing the fixed -guideway system. (b) Live Theater. The Developer will construct a theater designed for live theatrical perfomances. The live performance theater may be provided as a component of the 1,500-seat cinema complex (in which case the theater may be (i) dual use, allowing for both cinema use and live theatrical performances, or (ii) dedicated solely to live theatrical performances) or, in the alternative, the live perfor- mance theater may be provided in a stand-alone structure utilized solely for live theatrical performances. In any case, the cinema complex and the live performance theater shall contain no more than 11500 seats in the aggregate. The minimum contribution required by Developer with respect to the live performance theater, including physical improvements necessary to accommodate live performance such as the installation of special lighting, stage facilities, seating, showers, dressing rooms, offices, storage, and elevators 001