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<br /> i <br /> DEVELOPMENT AGREEMENT BETWEEN <br /> THE CITY OF SANTA ANA and <br /> ONE BROADWAY PLAZA, LLC, <br /> 1200 N. MAIN, LLC, and <br /> 845 BROADWAY, LLC <br /> This DEVELOPMENT AGREEMENT ("Agreement's is entered into between <br /> THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the <br /> Constitution and laws of the State of California ("City's on the one hand, and ONE <br /> BROADWAY PLAZA, LLC, 1200 N. MAIN LLC, and 845 BROADWAY LLC, each of which <br /> is a California Limited Liability Company (collectively referred to herein as "Owner" or <br /> "Property Owner"), on the other hand. <br /> 1. RECITALS. The Agreement is entered into with reference to the following <br /> facts: <br /> 1.1 Agreement. The purpose of this agreement was to facilitate the <br /> development of the 37 story, 518,000 square foot, Class A office building and associated parking <br /> structure and ancillary commercial development contemplated by the City's Specific Design <br /> Zoning Designation SD-75, Environmental impact Report No. 99-O1, General Plan Amendment <br /> No. 2004-O1 and Zoning Ordinance Amendment No. 2004-02 (the "Pre-Existing Approval <br /> Entitlements'. <br /> 1.2 Code Authorizatioa. City is authorized pursuant to Government Code <br /> Sections 65864 through 65869.5 to enter into Development Agreements with persons having <br /> legal or equitable interests in real property for the purpose of establishing certainty for both City <br /> and Owner in the development process. City enters into the Agreement pursuant to the <br /> provisions of the Government Code and applicable City policies. The parties acknowledge: <br /> (I) This Ageement is intended to assure adequate public facilities at <br /> the time of development. <br /> (2) This Agreement is intended to assure development in accordance <br /> with City's General Plan, applicable Specific Plans and Specific Development District No. 75. <br /> (3) This Agreement will permit achievement of goals and objectives as <br /> reflected in the City's General Plan, all applicable Specific Plans and Specific Development <br /> District Na. 75. <br /> (4) Owner is required by existing City regulations to provide <br /> mitigation for certain impacts and pay certain regulatory fees as conditions of approvals through <br /> the regulatory process. <br /> 1 <br /> <br />