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6076ORDINANCE NO. 6076 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT NO. 2007-00001 BY AND BETWEEN THE CITY OF ANAHEIM AND STEADFAST INVESTMENT PROPERTIES, INC., JAPOS, INC., AND 2130 DUPONT COMPANY, (ii) MAKING CERTAIN FINDINGS RELATED THERETO, AND (iii) 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 (hereinafter "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 of Anaheim (hereinafter the "City"), as a charter city, heretofore enacted Ordinance No. 4377 (hereinafter "Enabling Ordinance") on November 23, 1982, making 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 consideration of development agreements upon receipt of an application by the City; and WHEREAS, on May 25, 2004, the Anaheim City Council approved General Plan Amendment No. 2004-00419 setting forth the City's vision for development of the City of Anaheim ("General Plan Amendment"), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ("FEIR No. 330"), in conjunction with its consideration and approval of the General Plan Amendment, amendment of the City's zoning code, and a series of related actions; and WHEREAS, the General Plan sets forth a vision for development of Mixed Uses, Office High, Office Low, Industrial and Institutional land uses within an approximately 820 -acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north ("The Platinum Triangle"); and WHEREAS, in order to carry out the goals and policies of the General Plan for The Platinum Triangle, on August 17, 2004, the City Council adopted Resolution No. 2004-177, approving The Platinum 'Triangle Master Land Use Plan, setting forth the new vision for The Platinum Triangle; and WHEREAS, to further implement the goals and policies of the General Plan for The Platinum Triangle and pursuant to the procedures set forth in Chapter 18.76 of the Anaheim Municipal Code, on August 24, 2004, the City Council adopted Ordinance No. 5935 amending Title 18 of the Anaheim Municipal Code to establish zoning and development standards for the Platinum Triangle Mixed -Use (PTMU) Overlay Zone (the "PTMU Overlay Zone") and Ordinance No. 5936, amending the zoning map to reclassify approximately three hundred and seventy-five acres within The Platinum Triangle into the PTMU Overlay Zone as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for high quality, well-designed development projects that could be stand-alone projects, or combined residential and non- residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities within the area; and WHEREAS, the PTMU Overlay Zone requires an approved Final Site Plan and a Development Agreement between the property owner and the City of Anaheim to implement all development in the Katella, Gene Autry and Gateway Districts and the newly created Orangewood District of the PTMU Overlay Zone, except as otherwise exempt under the Code; and WHEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004- 179, approving the form of the Standard Development Agreement for the PTMU Overlay Zone; and WHEREAS, on October 25, 2005, the City Council certified Final Subsequent Environmental Impact Report No. 332 (FSEIR No. 332) and the Updated and Modified Mitigation Monitoring Program No. 106A in connection with its consideration of General Plan Amendment No. 2004-00420, Zoning Code Amendment No. 2004-000036, Miscellaneous Case No. 2004-00089 to amend The Platinum Triangle Master Land Use Plan, Miscellaneous Case No. 2005-00114 to amend The Platinum Triangle Standardized Development Agreement, Miscellaneous Case No. 2005-00115 to rescind, in part, the Resolution of Intent pertaining to reclassification of the North Net Fire Training Center site and Reclassification No. 2004-00134; and WHEREAS, on June 14, 2007, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), Steadfast Investment Properties, Inc., Japos, Inc., and 2130 Dupont Company, (hereinafter referred to collectively as "Applicant"), submitted an application to the Planning Department for approval of Development Agreement No. 2007-00001 (hereinafter the "Application"), which included a proposed development agreement (hereinafter the "Development Agreement") prepared in conformance with the Standard Development Agreement for The Platinum Triangle to vest certain project entitlements and address the implementation of the Platinum Tower Project; and WHEREAS, the Development Agreement pertains to approximately 3.8 acres of real property in the City of Anaheim, owned by the Applicant, commonly known as 2210-2220 East Orangewood Avenue and 2130 and 2231 Dupont Drive, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter the 2 "Property"), which is located in The Platinum Triangle and zoned I (PTMU Overlay) (Industrial - Platinum Triangle Mixed Use Overlay); and WHEREAS, the Applicant desires to develop the Property in accordance with the provisions of the Development Agreement by developing a twenty story, commercial high rise office building, consisting of approximately 590,000 square feet of office space, approximately 10,000 square feet of associated retail development, and a seven and one-half story parking structure, as more particularly set forth in Final Site Plan No. 2007-00005, Conditional Use Permit No. 2007-05222, and the Development Agreement (hereinafter collectively referred to as the "Platinum Tower Project"); and WHEREAS, on July 5, 2007, the Planning Director approved Final Site Plan No. 2007-00005 to provide for the development of the Platinum Tower Project, contingent upon the approval of General Plan Amendment No. 2006-00445, Amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Permit No. 2007-00202), Zoning Code Amendment No. 2007-00060, Conditional Use Permit No. 2007-05222, Reclassification No. 2007-00207 (hereinafter referred to collectively as the "Discretionary Actions") and the Development Agreement; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 23, 2007, at 2:30 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, Chapter 18.60, to hear and consider evidence for and against said Development Agreement and said Discretionary Actions, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the City Planning Commission, by its Resolution No. PC2007-81, which is incorporated herein by this reference, made certain findings that the Applicant has demonstrated eligibility to enter into Development Agreement No. 2007-00001 and that the Agreement meets the criteria set forth in the Procedures Resolution and has recommended to the City Council that said Development Agreement be approved; and WHEREAS, the City Council did hold a public hearing upon the Development Agreement, notice of said public hearing having been duly given as required by law; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), the City Council, as lead agency for the Development Agreement, by its Resolution, did find and determine, based upon its independent review and consideration of an Initial Study/Addendum conducted pursuant to CEQA for Development Agreement No. 2007- 00001 and said Discretionary Actions, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that previously -certified FSEIR No. 332 and the Third Addendum to FSEIR 332, together with the Updated and Modified Mitigation Monitoring Program No. 106A for The Platinum Triangle, and Mitigation Monitoring Plan No. 145, are adequate to serve as the required environmental documentation for this Development Agreement E and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. WHEREAS, the Applicant has demonstrated that the Project meets the eligibility requirements of the Procedures Resolution to enter into the Development Agreement by showing that, upon completion, the Project will result in the construction of a twenty story, commercial high rise office building, consisting of approximately 590,000 square feet of office space, approximately 10,000 square feet of associated retail development, and a seven and one-half story parking within a period of not more than five (5) years; and WHEREAS, the City Council of the City of Anaheim, 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. PC2007-81, does find upon review of the land use aspects of the Development Agreement: That the Project is consistent with the City's General Plan, as amended by General Plan Amendment No. 2006-00445, 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 as amended. 2. That the Platinum Tower Project is compatible with 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, as proposed for amendment per Miscellaneous Case No. 2007- 00202 (Amendment to The Platinum Triangle Master Land Use Plan) and Zoning Code Amendment No. 2007-00060. 3. That the Platinum Tower Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 4. That the Development Agreement constitutes a lawful, present exercise of the City's police power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution. 5. That the Development Agreement 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: approved. S'RC TION 1 _ That Development Agreement No. 2007-00001 be, and the same is hereby, 4 SECTION 2. That the Mayor be, and is hereby, authorized to execute said Development Agreement 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 21at day of August , 2007, and thereafter passed and adopted at a regular meeting of said City Council held on the 11 day of SentcqnhPr _ _ _ , 2007, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: OF THE CI'YYnYANAHEIM 66308.v1/MGordon 5 CITY OF AHEIM By: MAYOR OF THE C ANAHEIM EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Real property in the City of Anaheim, County of Orange, State of California, described as follows: PARCEL 15, AS SHOWN ON A MAP FILED IN BOOK 30, PAGE 34 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY. EXCEPT THEREFROM ALL RIGHTS TO OIL, GAS, AND OTHER HYDROCARBONS AND MINERAL SUBSTANCES LYING UNDER OR THAT MAY BE PRODUCED FROM THE ABOVE DESCR5IBED PROPERTY, TOGETHER WITH ALL RIGHTS TO THE PROCEEDS THEREFROM AND ALL RENTS, BONUSES AND PROFITS ACCRUING THEREOF; WITHOUT, HOWEVER, THE RIGHT TO USE OR OCCUPY OR TO ENTER UPON ANY PORTION OF THE SURFACE AD 500 FEET BELOW THE SURFACE, MEASURED VERTICALLY FROM THE SURFACE OF SAID LAND, FOR THE PURPOSE OF DRILLING FOR, CAPTURING, PRODUCING, EXTRACTING, STORING, TREATING OR OTHERWISE HANDLING OR UTILIZING SUCH OIL, GAS OR OTHER HYDROCARBON OR MINERAL SUBSTANCES, AS RESERVED IN DEED RECORDED OCTOBER 29, 1972 IN BOOK 10494, PAGE 484, OFFICIAL RECORDS. APN: 083-272-02 Real property in the City of Anaheim, County of Orange, State of California, described as follows: PARCELS 14 AND 16, AS SHOWN ON A MAP FILED BOOK 30, PAGE 34 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL RIGHTS TO OIL, GAS, AND OTHER HYDROCARBONS AND MINERAL SUBSTANCES LYING UNDER OR THAT MAY BE PRODUCED FROM THE ABOVE DESCRIBED PROPERTY, TOGETHER WITH ALL RIGHTS TO THE PROCEEDS THEREFROM AND ALL RENTS, BONUSES AND PROFITS ACCRUING THERETO, WITHOUT, HOWEVER, THE RIGHT TO USE OR OCCUPY OR TO ENTER UPON ANY PORTION OF THE SURFACE AND 500 FEET BELOW THE SURFACE, MEASURED VERTICALLY FROM THE SURFACE IF SAID LAND, FOR THE PURPOSE OF DRILLING FOR, CAPTURING, PRODUCING, EXTRACTING, STORING, TREATING OR OTHERWISE HANDLING OR UTILIZING SUCH OIL, GAS OR OTHER HYDROCARBON OR MINERAL SUBSTANCES, AS RESERVED IN DEED RECORDED OCTOBER 29, 1972 IN BOOK 10494, PAGE 484 OF OFFICIAL RECORDS. APN: 083-272-01 and 083-272-07 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: September 20, 2007 "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 October 30, 2007 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUB CATION THE ORANGE COUNTY REGISTER Thursday, September 20, 2007 ANAHEIM BULLETIN PAGE 25 ORDINANCE NO. 6076 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM(I) APPROVING DEVELOPMENT AGREEMENT NO. 2007-00001 BY AND BETWEEN THE CITY OF ANAHEIM AND STEADFAST INVESTMENT PROPERTIES, INC., JAPOS, INC., AND 2130 DUPONT COMPA- NY, (ii) MAKING CERTAIN FINDINGS RELATED THERETO, AND (iii) 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 (hereinafter "Statute") authorizes a city to enter into a contract which is called a development agreement in order to establish with cer- tainty what regulations will govern the construction of a development; and WHEREAS, the City of Anaheim (hereinafter the "City"), as a charter city, heretofore ena&ed Ordinance No. 4377 (hereinafter "Enabling Ordinance") on November 23, 1982, making 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 consideration of development agree- ments upon receipt of an application by the City; and WHEREAS, on May 25, 2004, the Anaheim City Council approved General Plan Amendment No. 2004-00419 setting forth the City's vision for development of the City of Anaheim ("General Plan Amendment"), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ("FEIR No. 330"), in conjunction with its consideration and approval of the General Plan Amendment, amendment of the City's zoning code, and a series of related ac- tions; and WHEREAS, the General Plan sets forth a vision for development of Mixed Uses, Office High, Office Low, Industrial and Institutional land uses within an approximately 820 -acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north ("The Platinum Triangle"); and WHEREAS, in order to carry out the goals and policies of the General Plan for The Platinum Triangle, on August 17, 2004, the City Council adopted Resolution No. 2004-177, approving The Platinum Triangle Master Land Use Plan, setting forth the new vision for The Platinum Tri- angle; and WHEREAS, to further implement the goals and policies of the General Plan for The Platinum Triangle and pursuant to the procedures set forth in Chapter 18.76 of the Anaheim Municipal Code, on August 24, 2004, the City Council adopted Ordinance No. 5935 amending Title 18 of the Anaheim Municipal Code to establish zoning and development standards for the Platinum TriangleMixed-Use (PTMU Overlay Zone (the "PTMU Overlay Zone") and Ordinance No. 5936, amending the zoning map to reclassify approximately three hundred and seventy - Master Land Use Plan to provide opportunities for high quality, well-designed development projects that could be stand-alone projects, or combined residential and non- residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities within the area; and WHEREAS, the PTMU Overlay Zone requires an approved Final Site Plan and a Development Agreement between the property owner and the City of Anaheim to implement all development in the Katella, Gene Autry and Gateway Districts and the newly created Orangewood District of the PTMU Overlay Zone, except as otherwise exempt under the Code; and WHEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004179, approving the form of the Standard Development Agreement for the PTMU Overlay Zone; and WHEREAS, on October 25, 2005, the City Council certified Final Subsequent Environmental Impact Report No. 332 (FSEIR No. 332) and the Updated and Modified Mitigation Monitoring Program No. 106A in connection with its consideration of General Plan Amendment No. 2004-00420, Zoning Code Amendment No. 20044)00036, Miscellaneous Case No. 2004.00089 to amend The Platinum Triangle Master Land Use Plan, Miscellaneous Case No. 2005-00114 to amend The Platinum Triangle Standardized Development Agreement, Miscellaneous Case No. 2005-00115 to rescind, in part, the Resolution of Intent pertaining to reclassification of the North Net Fire Training Center site and Reclassification No. 2004-00134; and WHEREAS, on June 14, 2007, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), Steadfast Investment Properties, Inc., Japos, Inc., and 2130 Dupont Company, (hereinafter referred to collectively as "Applicant"), submitted an application to the Planning Department for approval of Development Agreement No. 2007-00001 (hereinafter the "A plication"), which included a proposed development agreement (hereinafter the "Development Agree- ment") prepared in conformance with the Standard Development Agreement for The Platinum Triangle to vest certain project entitlements and address the implementation of the Platinum Tower Project; and WHEREAS, the Development Agreement pertains to approximately 3.8 acres of real pro er% in the City,ofAnaheim, owned by the Applicant, commonly known as 2210-2220 East Orangewood Avenue and 2130 and 2231 Dupont Drive, as more particularly described in Exhibit A" attached hereto and incorporated herein by this reference (hereinafter the "Property"�, which is located in The Platinum Triangle and zoned I (PTMU Overlay) (Industrial - Platinum Triangle Mixed Use Overlay); and WHEREAS, the Applicant desires to develop the Property in accordance with the provisions of the Development Agreement by developing a twenty story, commercial high rise office building consisting of approximately 590,000 square feet of office space, approximately 10,000 square feet of associated retail development, and a seven and one-half story parking structure, as more particularly set forth in Final Site Plan No. 2007-00005, Conditional Use Permit No. 2007-05222, and the Development Agreement (hereinafter collectively referred to as the Platinum Tower Project"); and WHEREAS, on July 5, 2007, the Planning Director approved Final Site Plan No. 2007-00005 to provide for the development of the Platinum Tower Project, contingent upon the approval of General Plan Amendment No. 2006-00445, Amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Permit No. 2007-00202), Zoning Code Amendment No. 2007-00060, Conditional Use Permit No. 2007-05222, Reclassification No. 2007-00207 (hereinafter referred to collectively as the "Discretionary Actions") and the Development Agreement; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 23, 2007, at 2:30 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, Chapter 18.60, to hear and consider evidence for and against said Development Agreement and said Discretionary Actions, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the City Planning Commission, by its Resolution No. PC2007-81, which is incorporated herein by this reference, made certain findings that the Applicant has demonstrated eligibility to enter into Development Agreement No. 2007-00001 and that the Agreement meets the criteria set forth in the Procedures Resolution and has recommended to the City Council that said Development Agreement be approved; and WHEREAS, the City Council did hold a public hearing upon the Development Agreement, notice of said public hearing having been duly given as required by law; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), the City Council, as lead agency for the Development AQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the greement, by is Resolution, did find and determine, based upon its Independent review and consideration of an Initial Study/Addendum conducted pursuant to CEQA for Development Agreement No. 2007-00001 and said Discretionary Actions, and the requirements of CE evidence received at the public hearing, that previously -certified FSEIR No. 332 and the Third Addendum to FSEIR 332, together with the Updated and Modified Mitigation Monitoring Program No. 106A for The Platinum Triangle, and Mitigation Monitoring Plan No. 145, are ade- quate to serve as the required environmental documentation for this Development Agreement and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. WHEREAS, the Applicant has demonstrated that the Project meets the eligibility requirements of the Procedures Resolution to enter into the Development Agreement by showing that, upon completion, the Project will result in the construction of a twenty story, commercial high rise office building, consisting of approximately 590,000 square feet of office space, approximately 10,000 square feet of associated retail development, and a seven and one-half story parking within a period of not more than five (5) years; and WHEREAS, the City Council of the City of Anaheim, 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 Plan- ning Commission meeting and Planning Commission Resolution No. PC2007-81, does find upon review of the land use aspects of the Development Agreement: 1. That the Project is consistent with the City's General Plan, as amended by General Plan Amendment No. 2006-00445, 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 as amended. 2.That the Platinum Tower Pro'ect is compatible with 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, as proposed for amend- ment parMiscellaneous Case �o. 2007-00202 (Amendment to The Platinum Triangle Master Land Use Plan) and Zoning Code Amendment No. 2007-00060. 3. That the Platinum Tower Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 4. That the Development Agreement constitutes a lawful, present exercise of the City's police power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution. 5. That the Development Agreement is entered into pursuant to and in compliance with its charter power and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Development Agreement No. 2007-00001 be, and the same is Hereby, approved. , SECTION 2. That the Mayor be, and is hereby, authorized to execute said Development Agreement 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 21st day of August, 2007, and thereafter passed and adopted at a regular meeting of said City Council held on the 11th day of September, 2007, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Wing NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF ANAHEIM By: /s/ Curt Pringle MAYOR OF THE CITY OF ANAHEIM ATTEST: Linda Nguyen CITY CLERK OF THE CITY OF ANAHEIM 66308.vtIMGordon EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Real property in the City of Anaheim, County of Orange, State of California, described as follows: PARCEL 15, AS SHOWN ON A MAP FILED IN BOOK 30, PAGE 34 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY. EXCEPT THEREFROM ALL RIGHTS TO OIL, GAS, AND OTHER HYDROCARBONS AND MINERAL SUBSTANCES LYING UNDER OR THAT MAY BE PRODUCED FROM THE ABOVE DESCR51BED PROPERTY, TOGETHER WITH ALL RIGHTS TO THE PROCEEDS THEREFROM AND ALL RENTS, BONUSES AND PROFITS ACCRUING THEREOF; WITHOUT, HOWEVER, THE RIGHT TO USE OR OCCUPY OR TO ENTER UPON ANY PORTION OF THE SURFACE AD 500 FEET BELOW THE SURFACE, MEASURED VERTICALLY FROM THE SURFACE OF SAID LAND, FOR THE PURPOSE OF DRILLING FOR, CAPTURING, PRODUCING, EXTRACTING, STORING, TREATING OR OTHERWISE HANDLING OR UTILIZING SUCH OIL, GAS OR OTHER HYDROCARBON OR MINERAL SUBSTANCES, AS RESERVED IN DEED RECORD- ED OCTOBER 29, 1972 IN BOOK 10494, PAGE 484, OFFICIAL RECORDS. APN: 083-272-02 Real property in the City of Anaheim, County of Orange, State of California, described as follows: PARCELS 14 AND 16, AS SHOWN ON A MAP FILED BOOK 30, PAGE 34 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL RIGHTS TO OIL, GAS, AND OTHER HYDROCARBONS AND MINERAL SUBSTANCES LYING UNDER OR THAT MAY BE PRODUCED FROM THE ABOVE DESCRIBED PROPERTY, TOGETHER WITH ALL RIGHTS TO THE PROCEEDS THEREFROM AND ALL RENTS, BONUSES AND PROFITS ACCRUING THERETO, WITHOUT, HOWEVER, THE RIGHT TO USE OR OCCUPY OR TO ENTER UPON ANY PORTION OF THE SURFACE AND 500 FEET BELOW THE SURFACE, MEASURED VERTICALLY FROM THE SURFACE IF SAID LAND, FOR THE PURPOSE OF DRILLING FOR, CAPTURING, PRODUCING, EXTRACTING, STORING, TREATING OR OTHERWISE HANDLING OR UTILIZING SUCH OIL, GAS OR OTHER HYDROCARBON OR MINERAL SUBSTANCES, AS RESERVED IN DEED RECORD- ED OCTOBER 29,1972 IN BOOK 10494, PAGE 484 OF OFFICIAL RECORDS. APN: 083272-01 and 083-272-07 ANAHEIM RI a I ETIN 25-777 / 8457857 -