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6277ORDINANCE NO. 6277 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENT NO. 4 TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 BY AND BETWEEN THE CITY OF ANAHEIM AND GARDENWALK HOTEL I, LLC; MAKING CERTAIN FINDINGS RELATED THERETO; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY. 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 (herein referred to as the "Statute") authorizes a city to enter into a contract, which is called a development agreement, in order to establish with certainty what regulations will govern the construction of a development; and WHEREAS, the City Council of the City of Anaheim (herein referred to as the "City Council") enacted Ordinance No. 4377 on November 23, 1982 (herein referred to as the "Enabling Ordinance"), making the City of Anaheim (herein referred to as the "City") subject to the Statute; and WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City Council adopted Resolution No. 82R-565 on November 23, 1982 (herein referred to as the "Procedures Resolution"), establishing procedures and requirements for consideration of development agreements upon receipt of an application by the City; and WHEREAS, in accordance with the Statute, the Enabling Ordinance and the Procedures Resolution (herein referred to collectively as the "Development Agreement Law"), the City and Anaheim GW, LLC, a Delaware limited liability company (the "Original Developer"), entered into that certain Second Amended and Restated Development Agreement No. 99-01 dated as of April 11, 2006 and recorded in the Official Records of the County of Orange, State of California (herein referred to as the "Official Records") on June 2, 2006 as Instrument No. 2006000373943 (herein referred to as the "Development Agreement") with respect to that certain real property described in Exhibit A attached hereto and incorporated herein by this reference (herein referred to as the "Property"); and WHEREAS, the Original Developer assigned the Development Agreement with respect to Parking Structure No. 1, Retail No. 1 and Vacation Ownership Resort No. 1 to Anaheim GW II, LLC, a Delaware limited liability company (herein referred to as "Anaheim GW II") pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99-1 dated as of January 31, 2007 and recorded in the Official Records on February 7, 2007 as Instrument No. 2007000092571; and WHEREAS, the Original Developer assigned, and GardenWalk Hotel I, LLC, a California limited liability company (herein referred to as "GardenWalk Hotel") assumed, the Development Agreement with respect to the Hotel Property and the Hotels pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99-1 dated as of July 19, 2007 and recorded in the Official Records on July 19, 2007 as Instrument No. 2007000453402; and WHEREAS, in 2008, Anaheim GW II completed construction of Retail No. 1 and Parking Structure No. 1. Shortly thereafter, those components of Anaheim GardenWalk opened to the public; and WHEREAS, Anaheim GW II assigned the Development Agreement with respect to the Timeshare Parcel and the Vacation Ownership Resort to Westgate Resorts Anaheim LLC, a Florida limited liability company (herein referred to as "Westgate Resorts"), pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99-1 dated as of February 29, 2008 and recorded in the Official Records on March 6, 2008 as Instrument No. 2008000105443; and WHEREAS, GardenWalk Hotel, Westgate Resorts and the City amended the Development Agreement by entering into that certain Amendment No. 1 to Second Amended and Restated Development Agreement dated as of March 1, 2010 and recorded in the Official Records on July 19, 2010 as Instrument No. 2010000341657 to (i) redefine Hotel No. 1, Hotel No. 2 and Hotel No. 3 as one Project Element consisting of two (2) Hotels (herein referred to as "Hotels 1 and 2") totaling approximately 866 Hotel Rooms in the aggregate, (ii) require the Commencement of Construction of Hotels 1 and 2 to occur on or before May 26, 2011, and (iii) require the Commencement of Construction of Vacation Ownership No. 1 to occur on or before March 23, 2019 (herein referred to as "Amendment No. V); and WHEREAS, GardenWalk Hotel thereafter requested that the City further amend the Development Agreement to require the Commencement of Construction of the Hotels to occur on or before May 26, 2013. In Amendment No. 2 to the Second Amended and Restated Development Agreement No. 99-1 dated July 1, 2010 and recorded in the Official Records on August 17, 2011 as Instrument No. 2011000406499, the City and GardenWalk Hotel amended the Development Agreement to require that Commencement of Construction of the Hotels occur on or before May 26, 2013 and Completion of Construction and Opening for Business (as defined in Amendment No. 2) occur no later than 36 months after Commencement of Construction of the Hotels; and WHEREAS, as the successor in interest to Anaheim GW II, Katella Anaheim Retail, LLC ("Katella Anaheim") thereafter requested an amendment to the Development Agreement to make changes to the mix of uses and changes to the square footage of Retail No. 1. Said changes were made by way of Amendment No. 3 to the Second Amended and Restated Development Agreement No. 99-01, dated August 23, 2011 and recorded in the Official Records on September 16, 2011 as Instrument No. 2011000459373 (herein referred to as "Amendment No. Y); and K WHEREAS, pursuant to and in accordance with Section 7.5 of the Development Agreement and Chapter 18.60 of the Anaheim Municipal Code (herein referred to as the "Code"), GardenWalk Hotel has requested that the City further amend the Development Agreement to require that Commencement of Construction of the Hotels occur on or before May 26, 2015, unless Developer elects to phase the construction of the Hotels, in which event GardenWalk Hotel will be allowed to commence construction of the first Motel on or before May 26, 2015 and to commence construction of the second hotel, if at all, no later than November 26, 2019, as more particularly set forth in the proposed Amendment No. 4 to Second Amended and Restated Development Agreement No. 99-01 in the form presented at the meeting at which this Ordinance was introduced (herein referred to as "Amendment No. 4"); and WHEREAS, on April 8, 2013, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") conducted a public hearing for proposed Amendment No. 4 at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against proposed Amendment No. 4 and concerning all of the prior environmental documentation prepared for the Pointe Anaheim/GardenWalk Project, including The Disneyland Resort Specific Plan Environmental Impact Report No. 311 (herein referred to as the "Final EIR"), the 1999 Pointe Anaheim Initial Study and Mitigated Negative Declaration (herein referred to as the "IS/MND"), the First Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration (herein referred to as the "First Addendum"), the 2006 Second Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration (herein referred to as the "Second Addendum"), the Third Addendum to the Pointe Anaheim Initial Study/Mitigated Negative Declaration Anaheim GardenWalk Project (herein referred to as the "Third Addendum"), and a fourth Addendum to the previously -approved Pointe Anaheim Initial Study and Mitigated Negative Declaration, dated March 27, 2013 (herein referred to as the "Fourth Addendum"), which Fourth Addendum was prepared in order to determine whether any significant environmental impacts which were not identified in the previously -approved IS/MND would result or whether previously identified significant impacts would be substantially more severe in connection with proposed Amendment No. 4. The Final EIR, the IS/MND, the First Addendum, the Second Addendum, the Third Addendum and the Fourth Addendum, together with the related Mitigation Monitoring Programs, shall be referred to herein collectively as the "CEQA Documents"; and WHEREAS, the Planning Commission, by the adoption of its Resolution No. PC2013- 035 on April 8, 2013, which is incorporated herein by this reference, made certain findings that GardenWalk Hotel has demonstrated eligibility to enter into proposed Amendment No. 4 and that proposed Amendment No. 4 meets the criteria set forth in the Procedures Resolution and has recommended to the City Council that proposed Amendment No. 4 be approved; and WHEREAS, upon receipt of said Resolution No. PC2013-035, summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 14th day of May, 2013, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on proposed Amendment No. 4 and for the purpose of considering the CEQA Documents, and did give notice thereof in the manner and as provided by law; and 3 WHEREAS, by the adoption of a resolution concurrently with but prior in time to the introduction of this Ordinance and pursuant to the provisions of the California Environmental Quality Act (herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, this City Council, as the "lead agency" under CEQA, has found and determined, based upon a thorough review of proposed Amendment No. 4, the Fourth Addendum and all other CEQA Documents, that (i) the Fourth Addendum was prepared in compliance with the requirements of CEQA and the CEQA Guidelines; (ii) the CEQA Documents serve as the appropriate environmental documentation for proposed Amendment No. 4 and satisfy all the requirements of CEQA; (iii) none of the conditions described in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or Negative Declaration have occurred in connection with proposed Amendment No. 4; and (iv) no further environmental documentation needs to be prepared under CEQA for Amendment No. 4; and WHEREAS, this 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 hearing, including the evidence presented at the Planning Commission meeting and Planning Commission Resolution No. PC2013-035, does find upon review of the land use aspects of Amendment No. 4, as follows: 1. That proposed Amendment No. 4 is consistent with the City's General Plan in that it is in conformance with the General Plan Commercial Recreation land use designation and with the goals, policies and objectives for The Disneyland Resort Specific Plan as set forth in the General Plan; 2. That proposed Amendment No. 4 is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district in that the proposed Amendment No. 4 is in compliance with the Disneyland Resort Anaheim GardenWalk Overlay requirements; 3. The proposed Amendment No. 4 is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements The Disneyland Resort Specific Plan Land Use Plan and the Anaheim GardenWalk Overlay Zone requirements. 4. The proposed Amendment No. 4 is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5. The proposed Amendment No. 4 constitutes a lawful, present exercise of the City's police power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution. 6. The proposed Amendment No. 4 is entered into pursuant to and is in compliance with the City's charter powers and the requirements of Section 65867 of California Government Code and the Procedures Resolution. El NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Amendment No. 4 to Second Amended and Restated Development Agreement No. 99-01 by and between the City of Anaheim and GardenWalk Hotel I, LLC, a California limited liability company, be, and the same is hereby, approved. SECTION 2. That the Mayor be, and is hereby, authorized to execute Amendment No. 4 to Second Amended and Restated Development Agreement No. 99-01 for and on behalf of the City. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 14th day of May , 2013, and thereafter passed and adopted at a regular meeting of said City Council held on the 28th day of M;;v , 2013, by the following roll call vote: AYES: Council Members Eastman, Murray, Brandman and Kring NOES: Mayor Tait ABSENT: None ABSTAIN: None ATTES CITY CLERK OF THE CITY OF ANAHEIM 94541 /TReynolds 5 CITY OF A EIM MAYOR PRO TEM OF THE CITY OF ANAHEIM 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. 6277 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 14th day of May, 2013, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 28th day of May, 2013, by the following vote of the members thereof: AYES: Council Members Eastman, Murray, Brandman and Kring NOES: Mayor Tait ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of May, 2013. Er I a P .1 � t 1 0 A, V, FAA 0, 4 4 0, WN 4,02 1814101V =0:1 (SEAL) EXHIBIT "A" LEGAL DESCRIPTIONS OF THE PROPERTY REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: Melodyland Parcels: PARCEL A THE WEST 20 ACRES OF THE NORTHERLY 645.00 FEET OF THE SOUTHERLY 1320.00 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE WEST 720.00 FEET. ALSO EXCEPT THE NORTH 60.00 FEET. PARCEL B THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY REORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 16'30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1979 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST 486.49 FEET ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 453, OF OFFICIAL RECORDS; THENCE NORTH 675.00 FEET ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING. EXCEPT THE WEST 292.00 FEET THEREOF. ALSO EXCEPT THE SOUTH 360.00 FEET THEREOF. Hasenyager Parcel: LOT 3 OF TRACT NO. 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Zaby's Parcel: LOTS 1 AND 2 OF TRACT 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION CONVEYED TO THE CITY OF ANAHEIM BY DEED RECORDED JULY 30,1997 AS INSTRUMENT NO. 97 0359942, OFFICIAL RECORDS. Berger Parcel: LOTS 4 AND 5 OF TRACT NO. 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Rist Parcel: Parcel 1: THE WEST 292 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 16'30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWEL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5,1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 486.49 FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543, OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING; EXCEPT THEREFROM THE WEST 150 FEET OF THE SOUTH 360 FEET; ALSO EXCEPT THEREFROM THE SOUTH 60 FEET INCLUDED WITHIN KATELLA AVENUE, 120 FEET WIDE. Parcel 2: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 16'30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 486.49 FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA, BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543, OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THE SOUTH 60.00 FEET INCLUDED WITHIN KATELLA AVENUE, 120.00 FEET WIDE. ALSO EXCEPT THEREFROM THE NORTH 315 FEET. ALSO EXCEPT THEREFROM THE WEST 292 FEET. Ursini Parcel: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0° 16' 30", EAST 675.11 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102 OF OFFICIAL RECORDS; THENCE NORTH 0° 16' 30" WEST, 360.00 FEET ALONG THE EASTERLY LINE OF SAID LAND; THENCE EAST 150.00 FEET PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0° 16' 30" EAST, 360.00 FEET PARALLEL WITH SAID EASTERLY LINE OF THE LAND CONVEYED TO JEWELL TO THE SOUTHERLY LINE OF SAID SECTION; THENCE WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 150.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION OF SAID PROPERTY LYING SOUTHERLY OF THE NORTHERLY LINE OF THAT CERTAIN FINAL ORDER OF CONDEMNATION DATED JANUARY 30, 1998, CASE NO. 782833 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 9, 1998 AS INSTRUMENT NO. 19980071981 OF OFFICIAL RECORDS. City Parcel: THE NORTHERLY 280.35 FEET OF PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 55, PAGE 46 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Pyrovest Parcels: PARCEL 1: THE EAST 660.00 FEET OF THE WEST 720.00 FEET OF THE NORTH 585.00 FEET OF THE SOUTH 1260 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM, THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT A POINT SOUTH 00 13'22" EAST 15.03 FEET FROM THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING ON THE EASTERLY LINE OF HARBOR BOULEVARD 120 FEET WIDE; THENCE SOUTH 00 13'22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 890 54'30" EAST PARALLEL TO THE NORTHERLY L[NE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 00 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 890 54'38" EAST 38.66 FEET; THENCE NORTH 0° 13'22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THE SOUTH LINE OF SAID FREEDMAN WAY, SOUTH 890 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A CURVE CONCA VE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 07' 52" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. PARCEL 2: BEGINNING AT A POINT SOUTH 00 13'22" EAST 15.03 FEET FROM THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING ON THE EASTERLY LINE OF HARBOR BOULEVARD 120 FEET ,\VIDE; THENCE SOUTH 0° 13'22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89° 54'30" EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 00 13'22" WEST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 890 54'38" EAST 38.66 FEET; THENCE NORTH 0° 13'22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THE SOUTH LINE OF SAID FREEDMAN WAY, SOUTH 890 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 07'52" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. 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. 6277 and was published in the Anaheim Bulletin on the 6t" day of June, 2013. (SEAL) 0 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 6, 2013 "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 6, 2013 � I � Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION r J Proof of Publication of Paste Clipping of Notice SECURELY In This Space SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6277 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANA- HEIM APPROVING AMENDMENT NO. 4 TO SECOND AMEND- ED AND RESTATED DEVELOPMENT AGREEMENT NO. 99.01 BY AND BETWEEN THE CITY OF ANAHEIM AND GARDENWALK HOTEL I, LLC; MAKING CERTAIN FINDINGS RE- LATED THERETO; AND AUTHORIZING THE MAYOR TO EXE- CUTE SAID AGREEMENT FOR AND ON.BEHALF OF THE CITY. This ordinance approves that certain Amendment No. 4 to Second Amended and Restated Development Agreement No. 99-01 ("Amendment No. 4") by and between the City of Ana- heim and GardenWalk Hotel I, LLC (the "Developer"), relating to the extension of time with- in which the Developer may commence construction of two luxury hotels totaling a%proxi- mately 866 hotel rooms within the Anaheim GardenWalk Overlay of The Disneyland Resbrt Specific Plan No. 92-1 area on real property in the City of Anaheim,County of Orange, State of California, which is more particularly described on Exhibit A attached to Amend- ment No. 4. I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 6277, which ordinance was introduced at a regular meeting•of the City Council of the City of Anaheim on the 14th day of May, 2013 and was duly passed and adopted at a regular meeting of said Council on the 28th day of May, 2013 by the fol- lowing roll call vote of the members thereof: AYES: Council Members Eastman, Murray, Brandman and Kring NOES: Mayor Tart + ABSENT: None ABSTAIN: None The above summary, is a brief description of the subject matter contained in the text of Or- dinance No. 6277, which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not include or describe every provision of the ordi- nance and should not be relied on as a substitute for the full text of the ordinance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is ao charge for the copy. 95604 Publish: Anaheim Bulletin June 6. 2013 9643654