6126ORDINANCE NO. 6126
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM (i) APPROVING AMENDMENT NO.
1 TO DEVELOPMENT AGREEMENT NO. 2006-00002
BY AND BETWEEN THE CITY OF ANAHEIM AND
PLATINUM TRIANGLE PARTNERS, LLC (ii) MAKING
CERTAIN FINDINGS RELATED THERETO, AND (iii)
AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT FOR AND ON BEHALF OF THE CITY.
WHEREAS, on or about January 8, 2008, the City of Anaheim ("City") and
Platinum Triangle Partners, LLC (hereinafter referred to as "Owner") entered into that certain
Development Agreement No. 2006-00002 and recorded in the Official Records of Orange
County California on January 22, 2008 as Instrument No. 2008000031001 (the "Development
Agreement"); and
WHEREAS, the Development Agreement provides for the development of a
residential community with up to 878 dwelling units, two public parks, public streets and related
infrastructure in three phases over a period of 15 years; and
WHEREAS, pursuant to Section 5.0 of the Procedures and Requirements for
Consideration of Development Agreements adopted by the City Council, by its Resolution No.
82R-565, and Section 19 of the Development Agreement, Owner has submitted a request to
amend the Development Agreement ("Amendment No. 1 to Development Agreement") to extend
the Term, as described in Section 2 and Exhibit "G" of the Development Agreement from an
initial period of five (5) years to an initial period of eight (8) years and thereby extending the
overall Term from fifteen (15) years to eighteen (18) years; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on October 13, 2008, 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 amendment
to Development Agreement, and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, the City Planning Commission, by its Resolution No. PC2008-99,
recommended that the City Council approve Amendment No. 1 to the Development Agreement
to extend the Term of the Development Agreement based on the investment and progress made
by the applicant to meet the obligations of the Development Agreement, and in recognition of the
on-going market conditions which make compliance with the terms of the Development
Agreement extremely difficult within the Initial Period as described in Section 2. The Planning
Commission further recommended that enhanced site screening materials be installed along the
perimeter of the project in recognition that the project site could remain vacant for a longer
period of time than anticipated when this Development Agreement was approved; and
WHEREAS, the City and Owner intend, by this Amendment No. 1 to
Development Agreement, to revise Section 2, Exhibit "C-1", and Exhibit "G" of the
Development Agreement to extend the Term of the Development Agreement and require
enhanced site screening along the perimeter of the project site as more fully set forth in
Amendment No. 1 to Development Agreement, attached hereto and incorporated herein by this
reference; and
WHEREAS, the City Council did hold a public hearing on Amendment No. 1 to
the Development Agreement, notice of said public hearing having been duly given as required by
law; and
WHEREAS, the Anaheim City Council has reviewed the proposal and does
hereby find that Subsequent EIR No. 332 and its Second Addendum dated April 2007 prepared
in conjunction with Development Agreement No. 2006-00002 is adequate to serve as the
required environmental document in connection with this request; and
WHEREAS, after careful consideration of the recommendations of the City
Planning Commission and all evidence and reports offered at said hearing the City Council 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 to the Development Agreement has been properly
requested pursuant to Section 5.0 of the Procedures and Requirements for
Consideration of Development Agreements and Section 19 of the Development
Agreement.
2. That Amendment No. 1 to the Development Agreement 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 to the Development Agreement 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 to the Development Agreement is not otherwise
detrimental to the health and safety of the citizens of the City of Anaheim.
5. That Amendment No. 1 to 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.
6. That Amendment No. 1 to 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:
SECTION 1.
That Amendment No. 1 to Development Agreement No. 2006-00002 be, and the
same is hereby, approved as 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 2006-00002 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 18th day of November , 2008, and
thereafter passed and adopted at a regular meeting of said City Council held on the 16th day of
December , 2008, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF HEIM
By:
M OR OF THE CITY F ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
RECORDING AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
SPACE ABOVE THE LINE IS FOR RECORDER'S USE
AMENDMENT NO. 1 TO
DEVELOPMENT AGREEMENT NO. 2006-00002
By and Between
THE CITY OF ANAHEIM
and
PLATINUM TRIANGLE PARTNERS, LLC
AMENDMENT NO. 1 TO
DEVELOPMENT AGREEMENT NO. 2006-00002
This AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2006-00002 (this
"Amendment No. 1"), dated for purposes of identification only as of 12-16 , 2008 (the "Date
of Amendment"), is made by PLATINUM TRIANGLE PARTNERS, LLC, a Delaware limited
liability company.
RECITALS
A. On or about January 8, 2008, the City of Anaheim ("City") and Platinum Triangle
Partners, LLC (Owner) entered into that certain Development Agreement No. 2006-00002 and
recorded in the Official Records of Orange County California on January 22, 2008 as Instrument
No. 2008000031001 (the "Development Agreement") with respect to that certain real property as
legally described in Attachment No. 1, which is attached hereto and incorporated herein by this
reference. Copies of the Development Agreement are available as a public record in the office of
the City Clerk located at 200 South Anaheim Boulevard, Anaheim, California.
B. The Development Agreement provides for the development of a residential
community with up to 878 dwelling units, two public parks, public streets and related
infrastructure in three phases over a period of 15 years, as more particularly set forth in the
Master Site Plan, which is attached to the Development Agreement as Exhibit "B" and
incorporated therein.
C. Pursuant to Section 19 of the Development Agreement and Chapter 18.60 of the
Anaheim Municipal Code, Owner, submitted a request to extend the Term, as described in
Section 2 and Exhibit "G" of the Development Agreement from an initial period of five (5) years
to an initial period of eight (8) years and thereby extending the overall Term from fifteen (15)
years to eighteen (18) years.
D. On October 13, 2008, the Anaheim City Planning Commission recommended
approval to City Council of Owner's request for an amendment to the Development Agreement
to extend the Term of the Development Agreement based on the investment and progress made
by the applicant to meet the obligations of the Development Agreement, and in recognition of the
on-going market conditions which make compliance with the terms of the Development
Agreement infeasible within the Initial Period as described in Section 2. The Planning
Commission further recommended that enhanced site screening materials be installed along the
perimeter of the project in recognition that the project site could remain vacant for a longer
period of time than anticipated when this Development Agreement was approved.
E. On 12-16 , 2008, the Anaheim City Council approved an amendment to the
Development Agreement to extend the Term of the Development Agreement and require
enhanced site screening along the perimeter of the project site.
E. The City and Owner intend, in this Amendment No. 1, to revise Section 2, Exhibit
"C-1" and Exhibit "G" of the Development Agreement to extend the Term of the Development
Agreement and require enhanced site screening along the perimeter of the project site to provide
for the development of a residential community with up to 878 dwelling units, two public parks,
public streets and related infrastructure in three phases over a period of 18 years.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES
AGREE AS FOLLOWS:
SECTION 1.
That Section 2.1 of the Development Agreement be, and the same is hereby,
amended to read as follows:
"2.1 The term of this Development Agreement (hereinafter called ("Term") 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 an initial period of eight (8) years. Thereafter, the Development Agreement shall be
extended for up to two additional five (5) year periods provided the development milestones
described in Exhibit "G" are achieved. OWNER shall submit proof of satisfying those
development milestones prior to the expiration of the immediately preceding period of the Term.
The Planning Director shall determine if the required development milestones have been met and
inform the City Council of the extension of the Development Agreement. OWNER may appeal
to the Planning Commission and, subsequently, the City Council any determination of the
Planning Director, regarding satisfaction of the development milestones."
SECTION 2.
That Exhibit "G" (Term Extension Milestones) of the Development Agreement be, and
the same is hereby, amended to read as described in "Attachment No.2" to this Amendment No.
1 to Development Agreement No. 2006-00002.
SECTION 3.
That Exhibit "C-1" (Conditions of Approval) of the Development Agreement be, and the
same is hereby, amended to add a new Condition of Approval No. 87 as follows:
"COA 87. That within 14 days of the effective date of the ordinance approving
Amendment No. 1 to Development Agreement No. 2006-00002, final
enhanced site screening plans shall be submitted for review and approval
by the Planning Director, or his/her designee. Enhanced site screening
shall be constructed in accordance with approved plans within sixty days
of approval of final plans."
SECTION 4. 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 understanding between the City and
Owner and supersedes all negotiations or previous agreements with respect to the subject matter
hereof.
SECTION 5. EFFECTIVE DATE.
This Amendment No. 1 to Development Agreement No. 2006-00002 shall take effect
immediately upon recordation in the Office of the County Recorder of Orange County,
California.
IN WITNESS WHEREOF, OWNER HAS EXECUTED THIS AMENDMENT NO. 1
TO DEVELOPMENT AGREEMENT NO. 2006-00002 AS OF THE DATE SET FORTH
BELOW.
DATE:
"OWNER"
PLATINUM TRIANGLE PARTNERS, LLC,
By: LENNAR CORP,
ME
Name:
Title:
(Signature of owner(s) must be acknowledged by a Notary)
APPROVED AS TO FORM:
JACK L. WHITE, CITY ATTORNEY
in
Mark S. Gordon
Assistant City Attorney
ATTACHMENT NO. 1
LEGAL DESCRIPTION
PARCEL A:
THAT PORTION OF THE SOUTH 667.79 FEET, MEASURED ALONG THE WEST LINE OF LOT 3 OF TRACT
NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 3 WITH A LINE WHICH IS
PARALLEL WITH AND DISTANT EASTERLY 781.93 FEET MEASURED AT RIGHT ANGLES, FROM THE
WEST LINE OF SAID LOT 3; THENCE NORTHERLY ALONG SAID PARALLEL LINE A DISTANCE OF 667.79
FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 250.00 FEET;
THENCE SOUTHERLY, PARALLEL WITH SAID WEST LINE OF LOT 3, A DISTANCE OF 667.79 FEET TO
THE SOUTH LINE OF SAID LOT 3; THENCE WEST ALONG SAID SOUTH LINE OF LOT 3 A DISTANCE OF
250.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF SAID LOT 3 DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH 667.79 FEET OF SAID LOT, NORTH 89° 59'
00" EAST 272.10 FEET FROM THE INTERSECTION OF SAID LINE WITH A LINE WHICH IS PARALLEL
WITH AND EASTERLY 781.93 FEET, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID
LOT; THENCE SOUTH 89° 59' 00" WEST 139.13 FEET, ALONG SAID NORTH LINE TO A POINT ON THE
SOUTHEASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S 30.00
FOOT WIDE RIGHT OF WAY AS DESCRIBED IN A DEED RECORDED JUNE 17, 1960 IN BOOK 5292 PAGE
508 OF OFFICIAL RECORDS, SAID SOUTHEASTERLY LINE BEING A CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 374.26 FEET, A RADIAL TO SAID POINT BEARS SOUTH
16° 17' 15" EAST; THENCE NORTHEASTERLY 283.43 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 430 23'25" TO A POINT OF CUSP WITH A COMPOUND CURVE CONCAVE NORTHWESTERLY
AND HAVING A RADIUS OF 3672.29 FEET; THENCE SOUTHWESTERLY 61.23 FEET ALONG SAID
COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 0'57'19"; THENCE SOUTH 31' 16' 19" WEST 8.53
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 344.26 FEET; THENCE SOUTHERLY 119.12 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 190 49'3 1 " TO THE POINT OF BEGINNING.
PARCEL Al:
A RIGHT OF WAY AND EASEMENT FOR RAILROAD PURPOSES OVER THAT PORTION OF LOT 3 OF
TRACT NO. 71, AS SAID LOT 3 IS SHOWN ON A MAP RECORDED IN BOOK 10 PAGE 22 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN A LINE WHICH IS PARALLEL WITH AND DISTANT NORTHERLY 667.79
FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID LOT 3 (CENTERLINE OF
ORANGE WOOD AVENUE) SAID POINT BEING DISTANT NORTH 89° 59' 00" EAST 1031.93 FEET FROM
THE WEST LINE OF SAID LOT 3 (CENTERLINE OF STATE COLLEGE BOULEVARD); THENCE ALONG
SAID PARALLEL LINE NORTH 89° 59'00" EAST A DISTANCE OF 22.26 FEET TO AN INTERSECTION WITH
A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 344.25 FEET (RADIAL LINE THROUGH SAID
INTERSECTION SEARS SOUTH 780 21'47" EAST); THENCE SOUTHERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 110 47' 33" AND AN ARC DISTANCE OF 70.85 FEET; THENCE SOUTH 89° 50'40"
WEST 5.00 FEET TO A LINE WHICH IS PARALLEL WITH THE WEST LINE OF SAID LOT 3; THENCE
SOUTH 00 9' 20" EAST ALONG SAID PARALLEL LINE 411.38 FEET; THENCE SOUTH 89° 50' 40" WEST
10.00 FEET; THENCE NORTH 0° 09' 20" WEST 481.79 FEET TO THE POINT OF BEGINNING.
- 8- PC2008-
PARCEL B:
THE EAST 25 FEET OF THAT PORTION OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, AS
DESCRIBED IN THE DEED TO THE OWEN COMPANY, RECORDED APRIL 9, 1963 IN BOOK 6500 PAGE 838,
OFFICIAL RECORDS OF ORANGE COUNTY.
PARCEL C:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS CORRECTED
BY JUDGMENT RENDERED ON JUNE 30, 1999, A CERTIFIED COPY OF WHICH WAS RECORDED
NOVEMBER 8, 1999 AS INSTRUMENT NO. 99-0777133, OFFICIAL RECORDS OF ORANGE COUNTY.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF ANAHEIM BY FINAL ORDER OF
CONDEMNATION RECORDED MAY 2, 1997 AS INSTRUMENT NO. 97-0222990, OFFICIAL RECORDS OF
ORANGE COUNTY.
PARCEL D:
THE WEST 203.67 FEET, MEASURED FROM THE CENTERLINE OF PLACENTIA AVENUE, ADJOINING ON
THE WEST LINE OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT ALL RIGHTS, 1TFLE AND INTEREST IN ANY OIL, GAS, PETROLEUM OR OTHER MINERAL OR
HYDROCARBON SUBSTANCES WITHIN OR BENEATH THE SURFACE OF SAID LAND OR TO USE SAID
LAND OR ANY PORTION THEREOF TO A DEPTH OF 500 FEET BELOW THE PRESENT SURFACE, AS
RESERVED IN THE DEED FROM REESE MILNER, A MARRIED MAN, RECORDED JULY 13, 1965 IN BOOK
7590 PAGE 498, OFFICIAL RECORDS.
EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE JUDGMENT AND FINAL ORDER OF
CONDEMNATION RECORDED ON MAY 2, 1997 AS INSTRUMENT NO. 97-0222990, OF OFFICIAL RECORDS
OF SAID COUNTY,
PARCEL E:
THE EASTERLY 310.00 FEET OF THE WESTERLY 513.67 FEET OF THE SOUTH 195.00 FEET OF LOT 3 OF
TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA.
SAID WESTERLY 513.67 FEET BEING MEASURED FROM THE CENTERLINE OF PLACENTIA AVENUE, AS
SHOWN ON SAID MAP AS AN UNNAMED ROAD.
EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE JUDGMENT AND FINAL ORDER OF
CONDEMNATION RECORDED ON MAY 2, 1997 AS INSTRUMENT NO. 97-0222990, OF OFFICIAL RECORDS
OF SAID COUNTY.
- 9 - PC2008-
PARCEL F:
THE NORTH 472.79 FEET OF THE SOUTH 667.79 FEET OF THE WEST 513.67 FEET OF LOT 3 OF TRACT
NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
THE MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, SAID WEST 513.67 FEET BEING MEASURED TO THE CENTER OF PLACENTIA AVENUE, NOW
STATE COLLEGE BOULEVARD, TOGETHER WITH EASEMENTS FOR DRAINAGE AND RAILROAD
PURPOSES AS SET FORTH AND DESCRIBED IN THE GRANT DEED RECORDED AUGUST 10, 1978 IN
BOOK 12794 PAGE 1212, OFFICIAL RECORDS.
PARCEL G:
PARCEL 2 AS SHOWN ON A MAP FILED IN BOOK 27 PAGE 33 OF PARCEL MAPS, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS AMENDED BY JUDGMENT RENDERED
ON JUNE 30, 1999 IN THE ACTION ENTITLED DOUGLAS MELUGIN, ET AL. VS. THE CITY OF
ANAHEIM, ET AL, ORANGE COUNTY SUPERIOR COURT CASE NO. 765097, A CERTIFIED COPY OF
WHICH BEING RECORDED ON NOVEMBER 8, 1999 AS INSTRUMENT NO. 99-0777133, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL Gl:
AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781.93 FEET OF THE
NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10
PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
EXCEPT THAT PORTION LYING WITHIN PARCEL A AS STATED ABOVE.
SAID LAND IS DELINEATED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 27, PAGE 33 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL G2:
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES 30.00 FEET IN WIDTH OVER PARCEL 1,
IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
PARCEL MAP FILED IN BOOK 27, PAGE 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
10
ATTACHMENT NO. 2
"EXHIBIT G"
TERM EXTENSION MILESTONES
The term of this Development Agreement shall be as defined herein in Section 2.1. Two
automatic extensions to the Development Agreement will occur for two five (5) year periods
provided the development milestones as described below are achieved by the OWNER within
the Initial Period (Development Agreement Date to the eighth anniversary of the Development
Agreement Date) and the first five (5) year extension:
INITIAL EIGHT YEAR PERIOD MILESTONES.
Completion of all buildings within Phase 1, as indicated on Exhibit B-2 of the
Master Site Plan and completion of Public Park 1.
2. Final Site Plans reviewed and approved by City and issuance of building permits
for all buildings within Phase 2, as indicated on Exhibit B-2 of the Master Site
Plan.
3. Completion of Phase 1 infrastructure improvements, as described on Exhibit B-2,
Phasing Plan.
FIRST FIVE YEAR EXTENSION PERIOD MILESTONES
Complete all buildings within Phase 2 and completion of Public Park 2.
2. Final Site Plans reviewed and approved by the City for all buildings within Phase
3 and issuance of building permits for all buildings within Phase 3, as indicated in
Exhibit B-2 of the Master Site Plan.
SECOND FIVE YEAR EXTENSION PERIOD MILESTONES
Complete all buildings within Phase 3.
2. Complete Phase 3 Infrastructure improvements, as described in Exhibit B-2,
Phasing Plan."
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
Proof of Publication of
) 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:
December 25, 2008
"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: December 25, 2008
1
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
Paste Clipping of
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SUMMARY PUBLICATION
ORDNCCITYINA
EANAHEIM
NO.6126
AN OFA E OF I HE CITY AffiW IIOUNiO OF
NND
O. I TO �L NT
BY -A: t CITY'
OF OF ANAHEIM AND P(A1 p� TRd1NGLE PART-
NERS. LL'C (li) MAKING CERTAIN FINDINGS RE-
LATED' O AND ii AUTHORIZING THE
MAYOR TO EXE ENT FOR .
AND ON BERW THE :CITY
.
This ordinance Gnamendment a �;, �,
Agreement. No.. =0 an by and belrreert =the 6"of
for the
Anaheim
Prr em ofof a e` sider�allccoommmunity twit uvp to
878' dwelling units, b w public parks, public atree2s and re<
laced isfreshucture in ttree P►seelis. Thk eht to the
development agreemera exten63 the irtii8d tenri of the
agreement, '*116 to eight Years and e>e tKe-overau
term of the agreemgnton,>gya�r.
I, Linda N. Andal, City `clerk of the City of Anaheim , do herd
by cw* that the attached table constitutes e&
a summa
Ordinance Ida. 6126 which ordinance was introduced of a
regular matstisg o[ the CNy CqunGl of the City of Anahein '
on ttce 1t t day of November, .. and was duly passed
and st a hgu meeting of said Council on the.
ttheday t�eS4alber, 2t108 ¢Y the following rcN cell vote•of
the me!!n6eraf4rsrec� :..
AYES: Mayyor Pringle Co"I Members Hernandez,;
Sidhu, Galloway, Kraig
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
The attached summary in a brig das�nw,a, .a ,. Id.
.
r —.v.m1vw late summary Odea not Gude W de- .
Padribs every.►�, of the crdiSNtce and should not be
retied on Antrbedhrfs for the iuNiext of the -ordinance:
To obtain a copy of the lullR "of the ordinance, please
contact the Orme of ihe'Cky Ckrrk,' (714) 765-5166, between
8:00 AM and 5:00 PM, Monday through Friday. There Is no
charge for the copy.
Publish: Anaheim Bulletin December 25, 2008 q030158