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5210i ORDINANCE NO. 5210 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 87-01 BETWEEN THE CITY OF ANAHEIM AND HANOVER REAL ESTATE ASSOCIATES, (ii) FINDING THAT THE AMENDMENT IS CONSISTENT WITH THE GENERAL PLAN AND (iii) AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AMENDMENT FOR AND ON BEHALF OF THE CITY. WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 of the Government Code of the State of California (hereinafter "Statute") authorizes a city to enter into a development agreement, in order to establish with certainty what regulations will govern the construction of a development; and WHEREAS, the City of Anaheim, as a charter city, has heretofore enacted Ordinance No. 4377 (hereinafter "Enabling Ordinance") making the City subject to the Statute; and WHEREAS, pursuant to Section 65865 of the Statute, the City heretofore adopted Resolution No. 82R-565 (hereinafter "Procedures Resolution") establishing procedures and requirements for the consideration of development agreements; and WHEREAS, the City Council has heretofore duly adopted Ordinance 4875 approving Development Agreement No. 87-01 with Hanover Real Estate Associates ("Hanover") for development of the Hanover/Katella Office Park (hereinafter "Development Agreement No. 87-0111); and WHEREAS, Hanover has submitted an application to the City for approval of an amendment to Development Agreement No. 87-01 (hereinafter "First Amendment to Development Agreement No. 87-01); and WHEREAS, the Planning Commission of the City of Anaheim has determined that said First Amendment to Development Agreement No. 87-01 is (i) consistent with the General Plan of the City of Anaheim, (ii) compatible with the uses authorized in, and the regulations prescribed for, the applicable zoning district, (iii) compatible with the orderly development of property in the surrounding area, and (iv) not otherwise detrimental to the health, safety and general welfare of the citizens of Anaheim; and WHEREAS, the City Council of the City of Anaheim hereby finds that the provisions of said First Amendment to the Development Agreement are consistent with the General Plan of the City of Anaheim. 1 R NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That said First Amendment to Development Agreement No. 87-01 be, and the same is hereby, approved. SECTION 2. That the Mayor and City Clerk be, and they are hereby, authorized and directed to execute said First Amendment to the Development Agreement No. 87-01 for and on behalf of the City. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 2nd day of April, 1991. MAYOR OF THE CITY OF ANAHEIM PRO TEM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM SJM:dnl O42HNVR.155 030791 K A STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5210 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 19th day of March, 1991, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 2nd day of April, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler and Ehrle NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5210 on the 3rd day of April, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd day of April, 1991. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5210 and was published once in the Anaheim Bulletin on the 12th day of April, 1991. CITY CLERK OF THE CITY OF ANAHEIM