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for the transportation of stage equipment, shall be $1,000,000. <br />Any expenditure of funds beyond $1,000,000 shall be at the <br />discretion of the Developer. The live performance theater shall <br />satisfy the following standards: <br />(1) It shall have its own main entrance doors with a foyer <br />inside the main entrance. <br />(2) It shall have not less than 150 nor more than 300 seats. <br />( 3 ) The seats shall be oriented across the length rather than <br />the narrower width of the theater space. <br />(4) If a dual -use theater is constructed, it shall have a <br />retractable cinema screen at the rear of a partial thrust <br />stage. <br />(5) It shall have side stage access from small holding areas. <br />(6) It shall have dressing rooms which include restrooms. <br />(7) It shall have a prop storage room. <br />(8) It shall have a basic sound, and lighting system with <br />expansion capabilities. <br />No certificate of occupancy shall be issued for any nonresidential <br />building on the Property until construction of the live performance <br />theater has been completed. <br />The Developer shall make a good faith effort to assure that <br />the live performance theater shall be used for live theatrical <br />performances by groups affiliated with the Santa Ana Council of <br />Arts and Culture or such other organization of Santa Ana --based <br />theatrical groups as -may be approved by resolution of the City <br />Council of the City for purposes of this Agreement, to the extent <br />this can be done without the payment by Developer of any rental or <br />operating subsidies. In this regard, it is understood that all <br />tenants of the live performance theater will be expected to pay <br />fair market rent on a net lease basis plus all taxes and operating <br />costs. As used herein, "theatrical" is not limited to plays, but <br />also includes other live, on-stage performances. <br />(c) Santiago Park Improvements. <br />The Developer shall contribute a maximum of Three Million <br />Two Hundred Thirty Thousand Dollars ($3,230,000) to the City for <br />the improvement of Santiago Park. The City shall work with the <br />community residents in determining the appropriate allocation of <br />these funds for necessary or desirable park improvements, provided <br />that all funds must be expended on park improvements (but not <br />operation and maintenance). Subject to approval by the City after <br />11 <br />