6187ORDINANCE NO. 6187
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM (i) APPROVING AMENDMENT NO.
1 TO DEVELOPMENT AGREEMENT NO. 2005-00007
BY AND BETWEEN THE CITY OF ANAHEIM AND
MACQUARIE PLATINUM KATELLA INC. (ii) MAKING
CERTAIN FINDINGS RELATED THERETO, AND (iii)
AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT 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 the "Statute")
authorizes a city to enter into a development agreement with any person having a legal or
equitable interest in real property for the development of the property as provided in said Statute;
and
WHEREAS, upon request of an applicant, cities are required to establish
procedures and requirements by resolution or ordinance for the consideration of development
agreements; and
WHEREAS, the City of Anaheim (hereinafter the "City") heretofore on
November 23, 1982, enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") which
makes 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 the consideration of development
agreements upon receipt of an application by the City; and
WHEREAS, pursuant to the Procedures Resolution, the process for the adoption
of an amendment to a Development Agreement is the same as the process for entering into a
Development Agreement in the first instance; and
WHEREAS, the City and 1331 East Katella Development Company, LLC and
East Katella Partnership, a California General Partnership, (the "Original Developer") entered
into that certain Development Agreement No. 2005-00007 and recorded in the Official Records
of Orange County California on October 12, 2005, as Instrument No. 2005000819043 (the
"Development Agreement") with respect to that certain real property situated in the City of
Anaheim, County of Orange, State of California, as described in Exhibit "A" attached hereto and
incorporated herein by this reference. A copy of the Development Agreement is on file in the
Office of the City Clerk of the City of Anaheim; and
WHEREAS, subsequent to the recordation of the Development Agreement, the
interest in the project was sold, transferred, conveyed or assigned to Platinum Triangle
Condominiums, LLC (West Millennium Homes); and
WHEREAS, the interest in the project was subsequently transferred and to
Thomas Seaman Company; and
WHEREAS, on or about February 2010, the interest in the project was sold,
transferred, conveyed or assigned to Macquarie Platinum Katella Inc. ("Owner"); and
WHEREAS, the Development Agreement addresses, among other things, the
Developer's construction of the project requiring that the Developer finalize all three phases of
the project construction within a certain time frame; and
WHEREAS, Owner submitted a letter requesting an amendment to the
Development Agreement to extend the term of the Development Agreement for an additional
four (4) years ("Amendment No. 1 to Development Agreement"); and
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as
"Planning Commission") did hold a public hearing at the Civic Center in the City of Anaheim on
August 30, 2010, at 5:00 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 Planning Commission, 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 public hearing, did adopt its Resolution No. PC2010-075
recommending that the City Council adopt said amendment to Development Agreement to
extend the term of the Development Agreement for an additional five (5) years, not four (4)
years as requested by the applicant, and establish a development milestone that requires the
completion of Phase 1 development, which consists of 92 residential units and related amenities,
by December 31, 2011; 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 City Council has reviewed the proposal and does hereby find that
the previously -approved Mitigated Negative Declaration prepared in conjunction with the
Development Agreement is adequate to serve as the required environmental documentation in
connection with this request for an amendment to the Development Agreement; and
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WHEREAS, the 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 public hearing, including the recommendations of the Planning
Commission, 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 Resolution and Section 18 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. 2005-00007 be, and the
same is hereby, approved as shown in Exhibit "B" 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 2005-00007 for and on behalf of the City.
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THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 12th day of October , 2010, and
thereafter passed and adopted at a regular meeting of said City Council held on the 26th day of
October , 2010, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF ANAHEIM
4
By: (.o;� 1,04e
MAYOR OF THE 6TY OF ANAHEIM
ATTEST:
-ICA.11. AVX10
CITY CLERK OF THE CITY 011ANAHEIM
79239.v 1 /MGordon
-4-
EXHIBIT "A"
(Legal Description of the Property)
Parcels 1 and 2 of Parcel Map No. 79-265, as shown on a map filed in Book 145,
Page 50 of Parcel Maps, in the Office of the County Recorder of Orange County,
California.
APN: 082-260-06
EXHIBIT "B"
RECORDING AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
City of Anaheim
200 S. Anaheim Boulevard
Anaheim, California 92805
Attn: City Clerk
SPACE ABOVE THE LINE IS FOR RECORDER'S USE
AMENDMENT NO. 1 TO
DEVELOPMENT AGREEMENT NO. 2005-00007
By and Between
THE CITY OF ANAHEIM,
and
MACQUARIE PLATINUM KATELLA INC.
AMENDMENT NO. 1 TO
DEVELOPMENT AGREEMENT NO. 2005-00007
This AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2005-00007 (this
"Amendment No. 1 "), dated for purposes of identification only as of October 12, 2010, is made
and entered into by and between the CITY OF ANAHEIM, a Municipal Corporation and Charter
City, (the "City") and MACQUARIE PLATINUM KATELLA INC., a Delaware corporation,
("Owner").
RECITALS
A. The City and 1331 East Katella Development Company, LLC and East Katella
Partnership, a California General Partnership, (the "Original Developer") entered into that certain
Development Agreement No. 2005-00007 and recorded in the Official Records of Orange
County California on October 12, 2005, as Instrument No. 2005000819043 (the "Development
Agreement") with respect to that certain real property situated in the City of Anaheim, County of
Orange, State of California, as described in Exhibit "A" attached hereto and incorporated herein
by this reference.
B. The Development Agreement provides for the development of a mixed use
project consisting of 336 residential condominiums, 1,248 square feet of retail, 1,665 square feet
of club room, a 1,245 square foot exercise room, and a 671 space subterranean parking garage, as
more particularly set forth in the Development Agreement.
C. Subsequent to the recordation of the Development Agreement, the interest in the
project was sold, transferred, conveyed or assigned to Platinum Triangle Condominiums, LLC
(West Millennium Homes).
D. Thereafter, the interest in the project was transferred and to Thomas Seaman
Company.
E. In February 2010, the interest in the project was sold, transferred, conveyed or
assigned to Macquarie Platinum Katella Inc. ("Owner").
F. Pursuant to Section 18 of the Development Agreement and Chapter 18.60 of the
Anaheim Municipal Code, Owner, submitted a request to extend the Tenn of the Development
Agreement, as described in subsection 2.1 of the Development Agreement.
G. The City and Owner intend, in this Amendment No. 1, to amend subsection 2.1
of the Development Agreement to extend the Term of the Development Agreement from a
period of five (5) years to a period of ten (10) years and establish a development milestone that
requires the completion of Phase 1 development, which consists of 92 residential units and
related amenities, by December 31, 2011.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES
AGREE AS FOLLOWS:
SECTION 1.
That subsection 2.1 of the Development Agreement be, and the same is hereby, amended
to read as follows:
"2.1 The term (hereinafter called "Term") of this Development Agreement 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 a
period of ten (10) years thereafter, terminating at the end of the day on the ninth anniversary of
the Development Agreement Date, subject to the periodic review and modification or
termination provisions defined in Section 25 and Section 27, respectively, of this Development
Agreement, and further subject to a reasonable extension for completion of the Project in
accordance with the Timing of Development schedule set forth in Section 15 of this
Development Agreement. Phase I development, which consists of 92 residential units and
related amenities, shall be completed on or before December 31, 2011. The Owner shall submit
proof of satisfying this development milestone as part of the development agreement annual
review process whereby the Planning Director shall determine if the milestone has been met and
inform the City Council"
SECTION 2. 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. I shall hereinafter be collectively referred to as the "Agreement". The
Agreement integrates all of the terms and conditions of agreement between the Parties and
supersedes all negotiations or previous agreements between the Parties with respect to the
subject matter hereof.
SECTION 3. EFFECTIVE DATE.
This Amendment No. 1 shall take effect upon the date the ordinance approving this
Amendment No. 1 takes effect.
(SIGNATURES APPEAR ON THE FOLLOWING PAGE)
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT
NO. 1 AS OF THE RESPECTIVE DATES SET FORTH BELOW.
"OWNER"
DATE OF EXECUTION: MACQUARIE PLATINUM KATELLA INC.,
a Delaware corporation
By: _
Name:
Title:
(SIGNATURE OF OWNER(S) MUST BE ACKNOWLEDGED BY A NOTARY PUBLIC)
"CITY"
DATE OF EXECUTION: CITY OF ANAHEIM,
a municipal corporation
an
ATTEST:
LINDA N. ANDAL, CITY CLERK
Linda N. Andal, City Clerk
APPROVED AS TO FORM:
JACK L. WHITE, CITY ATTORNEY
Mark S. Gordon
Assistant City Attorney
78744.v1
Curt L. Pringle, Mayor
State of California )
ss.
County of )
On , before me,
(name, title of officer, e.g., Jane Doe, Notary Public)
personally appeared
(name(s) ofsigner(s))
personally known to me —OR—
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed
the instrument.
Witness my hand and official seal.
Capacity claimed by signer:
_ Individual
Corporate Officer(s):
Partner(s):
_ General _ Limited
Attorney-in-fact
Trustee(s)
_ Guardian/Conservator
Other:
Signer is representing:
(Signature of Notary
(This section is OPTIONAL)
(name of person(s) or entity(ies))
Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to an unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document:
Number of Pages: Date of Document:
Signer(s) Other than Named Above:
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:
November 4, 2010
"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: November 4, 2010
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
Proof of Publication of
SUMMARYPUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6187
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY or-
ANAHEIM
FANAHEIM % APPROVING AMENDMENT NO.1 TO DEVEL-
OPMENT AGREEMENT NO. 20051D0007 BY AND BE-
TWEEN THE CITY OF ANAHEIM AND MACQUARIE PLATT-
NUM KATELLA INC. 6itMAK(INGTM�RIN FINDI MAYOR
RE-
LATED
THERETO, ANTHE
TO EXECUTE SAID AMENDMENT FOR AND ON BEHALF
OF THE CITY.
This ordinance approves an amendment to Development reerrhent No. 2005-0O0071des-
gnated as 'Amendment No. 1 to Development Agreement No. 2005-00007") by and be -
ween the City of Anaheim and Macquans Platinum Katella Inc., to extend the term of the
)evelopment Agreement from five (51 Years to ten((11o) yyeeaerrss end establish a development
nilestone that requires the completion of Phase 1 ileus p10 ment, whicfh consists of 92 resi-
fential units and related amenities, by December 31; 2011.
, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that ethhe foregoing is a
Iphaesnmary of sCityy Council of the City ofinance No. 87which Ana�heimgonnthe ordinance
was hof Octobeerced at a2010 andmwaseetid Ioyf
by the following adopted
ll atall vote regular
the membersngof said Council
thereof: �on the 26th day of October, d2%
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Knng
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
The above summary is a brief description of the subject mater contained in the tent of Or-
dinance No. 6187, which has been prepared pursuant to Section 512 of the Charter of the
CWof Anaheim. This summarydoes not include or describe every provision of .the ordi-
nanos and should not be relied on as a substitute for the full text M the ordirhance.
To obtain a copy of the full text of the ordinance, please contact the Office of the City
Clerk, (714) 7655166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no
charge for the copy.
Publish: Anaheim Bulletin Nov 4, 2010 9300956