6246ORDINANCE NO. 6246
AN ORDINANCE OF THE CITY OF ANAHEIM (1)
APPROVING AMENDMENT NO. 1 TO DEVELOPMENT
AGREEMENT NO. 2007-00002 BY AND BETWEEN THE
CITY OF ANAHEIM AND THE RONALD W. MARSHALL
AND DEBORAH L. MARSHALL TRUST, THE
MARSHALL FAMILY TRUST, AND SEE
DEVELOPMENT LIMITED PARTNERSHIP, (2) MAKING
CERTAIN FINDINGS RELATED THERETO, AND (3)
AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT ON BEHALF OF THE CITY.
(DEV2012-00024)
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section
65864) of the Government Code of the State of California (hereinafter the "Statute") authorizes a
city to enter into a development agreement with any person having a legal or equitable interest in
real property for the development of the property as provided in said Statute; and
WHEREAS, upon request of an applicant, cities are required to establish procedures and
requirements by resolution or ordinance for the consideration of development agreements; and
WHEREAS, the City of Anaheim (hereinafter the "City") heretofore on November 23,
1982, enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") which makes the City
subject to the Statute; and
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City
heretofore on November 23, 1982, adopted Resolution No. 82R-565 (hereinafter the "Procedures
Resolution") establishing procedures and requirements for the consideration of development
agreements upon receipt of an application by the City; and
WHEREAS, pursuant to the Procedures Resolution, the process for the adoption of an
amendment to a Development Agreement is the same as the process for entering into a
Development Agreement in the first instance; and
WHEREAS, the City and the Ronald W. Marshall and Deborah L. Marshall Trust, Dated
January 7, 1989, The Marshall Family Trust, dated February 14, 2000, and See Development
Limited Partnership (collectively, the "Owner") entered into that certain Development
Agreement No. 2007-00002, which was recorded in the Official Records of the County of
Orange, California on March 20, 2008 as Instrument No. 2008000129034 (the "Development
Agreement") with respect to that certain real property situated in the City of Anaheim, County of
Orange, State of California, as described in Exhibit "A" attached hereto and incorporated herein
by this reference. A copy of the Development Agreement is on file in the Office of the City
Clerk of the City of Anaheim; and
WHEREAS, the Development Agreement provides for the development of a 327 -unit
condominium project with a 9,500 square foot full-service restaurant located at 1015-1105 East
Katella Avenue; and
WHEREAS, pursuant to the Procedures Resolution and Section 18 of the Development
Agreement, Owner submitted a letter requesting an amendment to Development Agreement
("Amendment No. l ") to extend the Term of the Development Agreement, as described in
Section 2.1 thereof, from an initial period of five (5) years to an initial period of ten (10) years,
thereby extending the overall term from five (5) years to ten (10) years; and
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as
"Planning Commission") did hold a public hearing at the Civic Center in the City of Anaheim on
April 9, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by
law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider
evidence for and against said amendment to Development Agreement, and to investigate and
make findings and recommendations in conjunction therewith; and
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of and based upon all of the evidence
and reports offered at said public hearing, did adopt its Resolution No. PC2012-020
recommending that the City Council adopt said Amendment No.l to extend the term of the
Development Agreement for an additional five (5) years as requested by Owner; and
WHEREAS, the City Council did hold a public hearing on Amendment No. 1, notice of
said public hearing having been duly given as required by law; and
WHEREAS, the City Council, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of and based upon all of the evidence and
reports offered at said public hearing, including the recommendations of the Planning
Commission, does hereby find and determine, with respect to the request for said amendment to
Development Agreement, that all of the conditions and criteria for the approval of said
amendment are present as follows:
1. That Amendment No. 1 has been properly requested pursuant to Section 5.0 of the
Procedures and Requirements for Consideration of Development Agreements and Section 18 of
the Development Agreement.
2. That Amendment No. 1 is consistent with the City's General Plan in that it is in
conformance with the General Plan Mixed use land use designation and with the goals, policies
and objectives for the Platinum Triangle as set forth in the General Plan.
3. That Amendment No. 1 will contribute to the orderly development of property in
the surrounding area in that it is in conformance with and implements The Platinum Triangle
Master Land Use Plan and the PTMU Overlay Zone requirements.
4. That Amendment No. 1 is not otherwise detrimental to the health and safety of the
citizens of the City of Anaheim.
-2-
5. That Amendment No. 1 constitutes a lawful, present exercise of the City's police
power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution.
6. That Amendment No. 1 is entered into pursuant to and in compliance with its
charter powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and
the Procedures Resolution.
WHEREAS, due to the nature of the proposed Amendment No. 1, the City Council finds
and determines that (i) the previously approved Final Subsequent Environmental Impact Report
No. 339, together with Mitigation Monitoring Program No. 106C, serve as the appropriate
environmental documentation for said amendment to Development Agreement and satisfies all
the requirements of the California Environmental Quality Act ("CEQA"); (ii) "none of the
conditions described in Section 15162 [of the State CEQA Guidelines] calling for the preparation
of a subsequent EIR or negative declaration have occurred" in connection with the proposed
Amendment No. 1; and (iii) no further environmental documentation need be prepared for said
amendment to Development Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That Amendment No. 1 to Development Agreement No. 2007-00002 be, and the same is
hereby, approved as shown in Exhibit `B" attached hereto and incorporated herein by this
reference.
SECTION 2.
That the Mayor be, and is hereby, authorized to execute said Amendment No. 1 to
Development Agreement No. 2007-00002 for and on behalf of the City.
-3-
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 29th day of —ay , 2012, and
thereafter passed and adopted at a regular meeting of said City Council held on the 5th day of
June , 2012, by the following roll call vote:
AYES: Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By: -- �/ r;&
MA OR OF THE CITY OF ANAHEIM
ATTES :
-L'o
CITY CLERK OF THE CITY OF ANAHEIM
89491.0
-4-
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6246 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 29th day of May, 2012, and that the same was duly passed and adopted at a
regular meeting of said City Council held on the 5th day of June, 2012, by the following vote of the
members thereof:
AYES: Mayor Tait and Council Members Sidhu, Galloway, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of June, 2012.
(SEAL)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6246 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 29th day of May, 2012, and that the same was duly passed and adopted at a
regular meeting of said City Council held on the 5th day of June, 2012, by the following vote of the
members thereof:
AYES: Mayor Tait and Council Members Sidhu, Galloway, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of June, 2012.
(SEAL)
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL 1:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40
TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL 2:
PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40
TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
[END OF LEGAL DESCRIPTION]
-5-
EXHIBIT "B"
RECORDING AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
City of Anaheim
200 S. Anaheim Boulevard
Anaheim, California 92805
Attn: City Clerk
(SPACE ABOVE THE LINE IS FOR RECORDER'S USE)
AMENDMENT NO. 1 TO
DEVELOPMENT AGREEMENT NO. 2007-00002
By and Between
THE CITY OF ANAHEIM,
and
RONALD W. MARSHALL AND DEBORAH L. MARSHALL TRUST,
DATED JANUARY 7, 1989, THE MARSHALL FAMILY TRUST, DATED
FEBRUARY 14, 2000, AND SEE DEVELOPMENT LIMITED
PARTNERSHIP
AMENDMENT NO. 1 TO
DEVELOPMENT AGREEMENT NO. 2007-00002
This AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2007-00002 (this
"Amendment No. I"), is made and entered into by and between the CITY OF ANAHEIM, a
Municipal Corporation and Charter City (the "City") and RONALD W. MARSHALL AND
DEBORAH L. MARSHALL TRUST, DATED JANUARY 7, 1989, THE MARSHALL
FAMILY TRUST, DATED FEBRUARY 14, 2000, AND SEE DEVELOPMENT LIMYED
PARTNERSHIP ("Owner").
RECITALS
A. The City and Owner entered into that certain Development Agreement No. 2007-
00002 and recorded in the Official Records of the County of Orange, California on March 20,
2008, as Instrument No. 2008000129034 (the "Development Agreement") with respect to that
certain real property situated in the City of Anaheim, County of Orange, State of California, as
described in Exhibit "A" attached hereto and incorporated herein by this reference.
B. The Development Agreement provides for the development of a 327 unit mixed
use residential condominium project with a 9,500 square foot full-service restaurant with outdoor
dining area, as more particularly described in Final Site Plan No. 2007-00011 and Conditional
Use Permit No. 2007-05248.
C. Pursuant to Section 18 of the Development Agreement and Chapter 18.60 of the
Anaheim Municipal Code, Owner submitted a request to extend the Term of the Development
Agreement, as described in subsection 2.1 of the Development Agreement.
D. The City and Owner intend, in this Amendment No. 1, to amend subsection 2.1
of the Development Agreement to extend the Term of the Development Agreement from a
period of five (5) years to a period of ten (10) years.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES
AGREE AS FOLLOWS:
SECTION 1.
That subsection 2.1 of the Development Agreement be, and the same is hereby, amended
and restated to read as follows:
"2.1 The term (hereinafter called "Term") of this Development Agreement shall be that
period of time during which this Development Agreement shall be in effect and bind the parties
hereto. The Term shall commence on the Development Agreement Date and shall extend for a
period of ten (10) years thereafter, terminating at the end of the day on the tenth anniversary of
the Development Agreement Date, subject to the periodic review and modification or
termination provisions defined in Section 25 and Section 27, respectively, of this Development
Agreement, and further subject to a reasonable extension for completion of the Project in
-2-
accordance with the Timing of Development schedule set forth in Section 15 of this
Development Agreement."
SECTION 2.
That Section 11 of the Development Agreement be, and the same is hereby, amended and
restated to read as follows:
"SECTION 11. DEDICATIONS AND EXACTIONS.
Within 120 days of the Effective Date of this Amendment No. 1 to Development
Agreement No. 2007-00002, OWNER shall irrevocably offer for full dedication the rights of
way on and in front of Katella Avenue, in fee or as an easement at the discretion of the City
Engineer, as fully set forth in the Platinum Triangle Community Facilities District (CFD No. 08-
1) ("CFD"), the Platinum Triangle Implementation Plan, and the City Engineer -approved precise
alignment plan for Katella Avenue. The City shall prepare all dedication documents and
reimburse OWNER the fair market value of the land. The land acquisition costs and the costs of
construction of the public improvements known as "Katella 1 A", including all roadway features,
newly dedicated rights of way and temporary and transitional construction items, will be paid for
by the CFD. Owner shall also enter into a right of entry agreement with the City to allow the City
to construct, or cause to be constructed, the Katella IA improvements, transitions to private
driveways, walkways, landscaping, and relocation of signage from the dedicated area and other
temporary needs as determined by the City Engineer. OWNER shall work cooperatively with
the City in planning, design, and construction of the Katella 1 A improvements.
In addition, prior to issuance of the first building permit for the Project, OWNER shall
irrevocably offer for dedication the rights-of-way, including the public connector streets, if
applicable, and other areas as more fully set forth in the Final Site Plan for the uses set forth in
the Final Site Plan. These dedications shall be in fee or as an easement at the discretion of
CITY, and upon completion and acceptance by CITY of the associated improvements in
compliance with the specifications as approved by CITY, CITY shall accept OWNER'S offer of
dedication. Nothing contained in this Development Agreement, however, shall be deemed to
preclude CITY from exercising the power of eminent domain with respect to the Property or the
Project, or any part thereof."
SECTION 3. INTEGRATION.
Except as expressly provided to the contrary herein, all provisions of the Development
Agreement shall remain in full force and effect. The Development Agreement and this
Amendment No. 1 shall hereinafter be collectively referred to as the "Agreement". The
Agreement integrates all of the terms and conditions of agreement between the Parties and
supersedes all negotiations or previous agreements between the Parties with respect to the
subject matter hereof.
-3-
SECTION 4. EFFECTIVE DATE.
This Amendment No. 1 shall take effect upon the date the ordinance approving this
Amendment No. 1 takes effect.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT
NO. 1 AS OF THE RESPECTIVE DATES SET FORTH BELOW.
"CITY"
DATE OF EXECUTION: CITY OF ANAHEIM,
a municipal corporation
I�
ATTEST:
LINDA N. ANDAL, CITY CLERK
Linda N. Andal, City Clerk
APPROVED AS TO FORM:
CRISTINA L TALLEY, CITY ATTORNEY
Lo
Theodore J. Reynolds
Assistant City Attorney
Mayor of the City of Anaheim
(SIGNATURE OF 0WNER(S) APPEAR ON THE FOLLOWING PAGE)
ME
DATE OF EXECUTION:
DATE OF EXECUTION:
DATE OF EXECUTION:
DATE OF EXECUTION:
DATE OF EXECUTION:
89507.3
"OWNER"
RONALD W. MARSHALL AND DEBORAH
L. MARSHALL TRUST, DATED JANUARY 7,
1989
By:
Ronald W. Marshall
Co -Trustee
Deborah L. Marshall
Co -Trustee
THE MARSHALL FAMILY TRUST, DATED
FEBRUARY 14, 2000
0
IM
Charles B. Marshall
Co -Trustee
Susan B. Marshall
Co -Trustee
SEE DEVELOPMENT LIMITED PARTNERSHIP
0
Thomas Ewing
President, Ewing Enterprises
(SIGNATURES OF OWNER MUST BE ACKNOWLEDGED BYA NOTARYPUBLIQ
-5-
EXHIBIT "A"
TO
AMENDMENT NO. 1 TO
DEVELOPMENT AGREEMENT NO. 2007-00002
LEGAL DESCRIPTION OF PROPERTY
PARCEL 1:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40
TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL 2:
PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40
TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
[END OF LEGAL DESCRIPTION]
W
RECORDING AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
City of Anaheim
200 S. Anaheim Boulevard
Anaheim, California 92805
Attn: City Clerk
This Document was electronically recorded by
CR South County B
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
19
0.(
ImilliIIilINliIIIlillilNInaillilli lilliIIIIINIi33.00
2012000337873 01:12pm 06/14/12
Al2 10
)0 0.00 0.00 27.00 0.00 0.00 0.00
(SPACE ABOVE THE L[NE IS FOR RECORDER'S USE)
AMENDMENT NO. 1 TO
DEVELOPMENT AGREEMENT NO. 2007-00002
By and Between
THE CITY OF ANAHEIM,
and
RONALD W. MARSHALL AND DEBORAH L. MARSHALL TRUST,
DATED JANUARY 7,1989, THE MARSHALL FAMILY TRUST, DATED
FEBRUARY 14, 2000, AND SEE DEVELOPMENT LIMITED
PARTNERSHIP
AMENDMENT NO. 1 TO
DEVELOPMENT AGREEMENT NO. 2007-00002
This AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2007-00002 (this
"Amendment No. I"), is made and entered into by and between the CITY OF ANAHEIM, a
Municipal Corporation and Charter City (the "City") and RONALD W. MARSHALL AND
DEBORAH L. MARSHALL TRUST, DATED JANUARY 7, 1989, THE MARSHALL
FAMILY TRUST, DATED FEBRUARY 14, 2000, AND SEE DEVELOPMENT LIMYED
PARTNERSHIP ("Owner").
RECITALS
A. The City and Owner entered into that certain Development Agreement No. 2007-
00002 and recorded in the Official Records of the County of Orange, California on March 20,
2008, as Instrument No. 2008000129034 (the "Development Agreement") with respect to that
certain real property situated in the City of Anaheim, County of Orange, State of California, as
described in Exhibit "A" attached hereto and incorporated herein by this reference.
B. The Development Agreement provides for the development of a 327 unit mixed
use residential condominium project with a 9,500 square foot full-service restaurant with outdoor
dining area, as more particularly described in Final Site Plan No. 2007-00011 and Conditional
Use Permit No. 2007-05248.
C. Pursuant to Section 18 of the Development Agreement and Chapter 18.60 of the
Anaheim Municipal Code, Owner submitted a request to extend the Term of the Development
Agreement, as described in subsection 2.1 of the Development Agreement.
D. The City and Owner intend, in this Amendment No. 1, to amend subsection 2.1
of the Development Agreement to extend the Term of the Development Agreement from a
period of five (5) years to a period of ten (10) years.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES
AGREE AS FOLLOWS:
SECTION 1.
That subsection 2.1 of the Development Agreement be, and the same is hereby, amended
and restated to read as follows:
"2.1 The term (hereinafter called "Term") of this Development Agreement shall be that
period of time during which this Development Agreement shall be in effect and bind the parties
hereto. The Term shall commence on the Development Agreement Date and shall extend for a
period of ten (10) years thereafter, terminating at the end of the day on the tenth anniversary of
the Development Agreement Date, subject to the periodic review and modification or
termination provisions defined in Section 25 and Section 27, respectively, of this Development
Agreement, and further subject to a reasonable extension for completion of the Project in
-2-
accordance with the Timing of Development schedule set forth in Section 15 of this
Development Agreement."
SECTION 2.
That Section 11 of the Development Agreement be, and the same is hereby, amended and
restated to read as follows:
"SECTION 11. DEDICATIONS AND EXACTIONS.
Within 120 days of the Effective Date of this Amendment No. 1 to Development
Agreement No. 2007-00002, OWNER shall irrevocably offer for full dedication the rights of
way on and in front of Katella Avenue, in fee or as an easement at the discretion of the City
Engineer, as fully set forth in the Platinum Triangle Community Facilities District (CFD No. 08-
1) ("CFD"), the Platinum Triangle Implementation Plan, and the City Engineer -approved precise
alignment plan for Katella Avenue. The City shall prepare all dedication documents and
reimburse OWNER the fair market value of the land. The land acquisition costs and the costs of
construction of the public improvements known as "Katella 1 A", including all roadway features,
newly dedicated rights of way and temporary and transitional construction items, will be paid for
by the CFD. Owner shall also enter into a right of entry agreement with the City to allow the City
to construct, or cause to be constructed, the Katella IA improvements, transitions to private
driveways, walkways, landscaping, and relocation of signage from the dedicated area and other
temporary needs as determined by the City Engineer. OWNER shall work cooperatively with
the City in planning, design, and construction of the Katella I A improvements.
In addition, prior to issuance of the first building permit for the Project, OWNER shall
irrevocably offer for dedication the rights-of-way, including the public connector streets, if
applicable, and other areas as more fully set forth in the Final Site Plan for the uses set forth in
the Final Site Plan. These dedications shall be in fee or as an easement at the discretion of
CITY, and upon completion and acceptance by CITY of the associated improvements in
compliance with the specifications as approved by CITY, CITY shall accept OWNER'S offer of
dedication. Nothing contained in this Development Agreement, however, shall be deemed to
preclude CITY from exercising the power of eminent domain with respect to the Property or the
Project, or any part thereof."
SECTION 3. INTEGRATION.
Except as expressly provided to the contrary herein, all provisions of the Development
Agreement shall remain in full force and effect. The Development Agreement and this
Amendment No. 1 shall hereinafter be collectively referred to as the "Agreement". The
Agreement integrates all of the terms and conditions of agreement between the Parties and
supersedes all negotiations or previous agreements between the Parties with respect to the
subject matter hereof.
-3-
SECTION 4. EFFECTIVE DATE.
This Amendment No. 1 shall take effect upon the date the ordinance approving this
Amendment No. 1 takes effect.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT
NO. 1 AS OF THE RESPECTIVE DATES SET FORTH BELOW.
DATE OF EXECUTION:
ra`4 1Z -
ATTEST:
LINDA N. NDAL, CITY CLERK
By:
Linda N. Andal, City Clerk
APPROVED AS TO FORM:
CRISTINA L T T
B Y'
y•
Theodore . eynolds
Assista y Attorney
ATTORNEY
"CITY"
CITY OF ANAHEIM,
a municipal corporation
By: � 2�
Ma or of the City of Anaheim
(SIGNATURE OF 0WNER(S) APPEAR ON THE FOLLOWING PAGE)
-4-
"OWNER"
RONALD W. MARSHALL AND DEBORAH
L. MARSHALL TRUST, DATED JANUARY 7,
1989
DATE OF EXECUTION:
Y
Ronald W. Marshall
Co -Trustee
DATE OF EXECUTION:
3 / By:
Deborah L. Marshall
Co -Trustee
THE MARSHALL FAMILY TRUST, DATED
FEBRUARY 14, 2000
WXDATEOFCLITION: By:
Charles B. Marshall
Co -Trustee
DATE OF EXECUTION:
11-ko17- By: YV\C ASVf-off
Susan B. Marshall
Co -Trustee
SEE.DAVJELOPMENT LIMITED PARTNERSHIP
DATE OF EXECUTION:
`� - - � q-, By:
89507.3
Thomas Ewing
President, Ewing Enterprises
(SIGNATURES OF OWNER MUST BE ACKNOWLEDGED BYA NOTARY PUBLIC)
-5-
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL 1:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40
TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL 2:
PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40
TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
[END OF LEGAL DESCRIPTION]
It
State of California
) ss.
County of Or )
On 1 O I -2—_, 2012, before me,
personally
r
(Insert name and title, e.g., 'Jane Doe, Notgry Public')
(Insert name(s) of signer(s))
who proved to me on the basis of satisfactory evidence to b the person' whose name/ is/ay(subscribed to the
within ins ment and acknowled ed to me that he/sl t executed the same in his/ /the/ authorized
capacity/itf, and that by hisA!?f/thyfr signature) on the instrument the person!}, or the entity upon behalf of which
person( acted, executed the instrument. /
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
Witness my hand and official seal.
(Signature of Notary) ,
Capacity claimed by signer:
❑ Individual
❑ Corporate Officer(s):
ANNIE DESOUZA
'A30MM. 01849578 z
0
� 11 M3 I
(This section is OPTIONAL.)
❑ Partner(s):
❑ General ❑ Limited
❑ Attorney-in-fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
(name of person(s) or entity(ies))
Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment
of this certificate to an unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHEDTO
THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document:
Number of Pages: Date of Document:
Signer(s) Other than Named Above:
State of California )
ss.
County of e,)
On 2012, before me, �6 VUR IL
(Insert name and title, e. , "Jane Doe, No4y Public')
personally appeared l 10 V IMS Lw
(Insert names) of Jiner(s))
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
Witness my hand and official seal.
(Signature Jf Notary)
claimed by signer:
Individual
ID Corporate Officer(s):
ElPa er(s):
General
❑ Attorney -in t
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
GINA K. HARDY
Commission * 1860667
-: Notary Public - Calitornia
z Orange County
My Comm. Expires Aul 9, 2013
(This section is OPTIONAL.)
❑ Limited
Signer is representing: \
(name of persons) or e
Attention Notary: Although the information requested
of this certificate to an unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHEDTO
THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document:
es))
-4� OPTIONAL, it could prevent fraudulent attachment
Number of Pages: Date of Document:
Signer(s) Other than Named Above:
-7-
State of California )
ss.
County of playl G )
On—mm 1A, 2012, before me, aY�
(Insert name and title, e.g., "Jane Doe, kotary Public')
personally appeared C WO� l � - ty `yk,40 (w -k �m�/L
(Insert names) of signer(s))
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),Ware subscribed to the
within instrument and acknowledged to me that lzIfsi�/they executed the same in h~their authorized
capacity/ies, and that by itieMeKtheir signature(s) on the instrument the person(s), or the entity upon behalf of which
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
Witness my hand and official seal. GINA K. HARDY
Commission #►1860667
-: �Notary Public - California i , Z Orange County
M Comm. Expires Aug9, 2013
(Signature of Notary)
Capacity claimed by signer: (This section is OPTIONAL.)
❑ Individual
Corporate Officer(s):
❑ er(s),
❑ General ❑ Limited
❑ Attorney -i act
❑ Trustee(s)
❑ Guardian/Conservato
❑ Other:
Signer is representing:
(name of persons) or
Attention Notary: Although the information requested
of this certificate to an unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHEDTO
THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document:
es))
�s OPTIONAL, it could prevent fraudulent attachment
Number of Pages: Date of Document:
Signer(s) Other than Named Above:
r1l
State of California )
ss.
County of V6L✓1 )
On M a '"/ 12012, before me, I Vi -� - � � ►%T� � �y k-1 ��" (/-
`` /-
(Insert name and title, �e�.g., "JaneDoe,Doeoe,��Not`a,�ry Public')
personally appeared V/oykal � 1 A ��jJ��1 � � A-K� �(�Y 1
(Insert name(s) of signer(s))
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ire subscribed to the
within instrument and acknowledged to me that he1Sl}eAhey executed the same in Wbtlfrhheir authorized
capacity/ies, and that by hid/bar/their signature(s) on the instrument the person(s), or the entity upon behalf of which
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
Witness my hand and official seal. LINA K. HARDY
Commission # 1860667
Notary Public - CalNarnia
Z Orange County
My Comm. Expires Aug9, 2013
(Signature of Notary)
Capacity claimed by signer: (This section is OPTIONAL.)
❑ Individual
❑ Corporate Officer(s):
Partner(s):
❑ General ❑ Limited
❑ Trustee(s
❑ Guardian
❑ Other:
Signer is representing:
(name of persons) oN
Attention Notary: Although the information requested
of this certificate to an unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHEDTO
THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document:
es))
is OPTIONAL, it could prevent fraudulent attachment
Number of Pages: Date of
Signer(s) Other than Named Above:
100
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6246 and was published in the Anaheim Bulletin on the 14th day of
June, 2012.
CITY CLERK OF THE CITY OF AN HEIM
(SEAL)
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
June 14, 2012
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: June 14, 2012
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
Proof of Publication of
Paste Clil ping of
Noti e
SECUIXLY
In This Space
S
Y PUBLICATION
CITY.
CITY OF ANAHEIM
ordinance approves an am
DINANCE NO. 6246
AN ORDINANCE
THE CRY COUNCIL, OF THE CITY OF
ANAHEIM A
NG AN ORDINANCE .OF THE CITY OF
ANAHEIM (1) APP
VING AMENDMENT NO.1 TO DEVEL-
OPMENT AAGR
ENT NO. 2007-00002 BY AND BE-
TWEEN THE C
OF ANAHEIM AND THE RONALD W.
MARSHALL AND
EBORAH L. MARSHALL TRUST, THE
MARSHALL F
TRUST, AND SEE DEVELOPMENT
LIMBED PARTNER tfiP, ((2) MAIONG CERTAIN FINDINGS
RELATED TH ANC1 (3) AUTHORIZING THE MAYOR
TO EXECUTE SAI
AMEN ENT ON BEHALF OF THE
CITY.
barn
ordinance approves an am
nt Development AgrNo. 2007.00002
(Th(is
and
Tbrust,
the �ttoo
and eeement
Thof ald W. Marshall and
Marshall Family Trust, Trust, dated Febru-
Deborah LeMarehall Dated
See Development
uary 7,1989, e
Limited Partnership the 'Owner'), relating
ary 14, 2000, and (collectively,
to the development of a 327 -unit ininm project with al 9,500 square foot full-service -
restaurant located at 101541015 East
Katefia Avenue in the City of Anaheim.
Amendment No. I will permit the o
of the Term of the Development Agreement, as
described in Section 2.1 thereof,
an initial period of five 5) years to an initial pariW of _
ten (10) years, thereby extending th overall Tenn from five (5� years to ten (10) years.
I,,Unda N. Andal, City Clerk of the City
of Anaheim, do hereby candy that the foregoing is a
summary of Ordmanoe'No..6245
ich ordinance was introduced at a regular meeting of
the City Council of the City of Anaheim
on the 29th day of May, 2012 and was duty passed
and adopted ata regular meeting
3f said Council on the 5th day of June, 2012 by the fol -
lowing -roll call vote of the mem
thea
AYES: Mayor Tait, Council Meff
barn
NOES: None
ABSENT: None
ABSTAIN: None
The above summary is a brief descriptli
dinance No. 6246, which has bow
City of Anaheim. This summary does
nance and should riot be relied on
pre
Be a
To obtain a copy of the full text
Clerk, (714) 765.5166, between 8:
of th
AN
charge for the copy
Publish: Anaheim Bulletin June 14, 201:
Sidhu, Galloway, Eastman and Murray
n of the subject matter contained in the tett of Or-
ared pursuant to Section 512 of the Charter of the
of include or desert be every provision Of the ordi-
substitute for the full text of the ordinance.
Z
please contact the Office of the City
and 5:00 Ail Monday through Friday. There is no
94116252