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ORDINANCE NO. 6377 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE <br />CITY OF ANAHEIM APPROVING THAT CERTAIN <br />DEVELOPMENT AGREEMENT NO. 2016-00002 BY <br />AND BETWEEN THE CITY OF ANAHEIM AND FJS, <br />INC, A TEXAS CORPORATION AND AUTHORIZING <br />THE MAYOR TO EXECUTE SAID AGREEMENT FOR <br />AND ON BEHALF OF THE CITY. <br />(DEV2015-00134) <br />WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section <br />65864) of the Government Code of the State of California (herein referred to as the "Statute") <br />authorizes a city to enter into a contract which is called a development agreement in order to <br />establish with certainty what regulations will govern the construction of a development; and <br />WHEREAS, the City Council of the City of Anaheim (herein referred to as the "City <br />Council"), as a charter city, enacted Ordinance No. 4377 on November 23, 1982 (herein referred <br />to as the "Enabling Ordinance"), making the City subject to the Statute; and <br />WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City Council <br />adopted Resolution No. 82R-565 on November 23, 1982 (herein referred to as the "Procedures <br />Resolution"), establishing procedures and requirements for consideration of development <br />agreements by the City upon receipt of an application therefor; and <br />WHEREAS, in accordance with the Statute, the Enabling Ordinance and the Procedures <br />Resolution (herein referred to collectively as the "Development Agreement Law"), the City of <br />Anaheim received a verified petition from FJS, Inc., a Texas corporation (the "Developer"), <br />requesting that the City consider and approve a Development Agreement in the form of <br />Development Agreement No. 2016-00002, to provide for the development of the "Project" (as <br />defined below) and certain vested development rights in connection therewith. Development <br />Agreement No. 2016-00002 is proposed in conjunction with the Developer's application for the <br />following additional entitlements, which, together with Development Agreement No. 2016- <br />00002, are intended to permit the demolition of the existing buildings on that certain 6.44 -acre <br />(approximate) parcel of land located at 1030 West Katella Avenue in the City of Anaheim, <br />County of Orange, State of California (herein referred to as the "Developer's Property"), and the <br />development on the Developer's Property and that certain 1.67 -acre (approximate) triangular <br />parcel of land currently owned by the City and proposed for sale to the Developer of an eight - <br />story AAA Four Diamond Hotel containing up to 634 hotel rooms, up to 42,000 square feet of <br />meeting space, up to 31,179 square feet of retail and restaurant space, and a seven -level parking <br />structure, of which the ground floor would be dedicated to back -of -house uses for the Anaheim <br />Convention Center (herein referred to collectively as the "Proposed Project"): <br />Conditional Use Permit No. 2016-05859; and <br />