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• ORDINANCE NO. NS -2688 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND C.J. SEGERSTROM AND SONS FOR THE PROPERTY LOCATED GENERALLY AT 3500 WEST LAKE CENTER DRIVE THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. Pursuant to these Sections, an amendment to a Development Agreement may only be entered into after following the same procedure used in entering into an initial Development Agreement. B. The City and California Pacific Properties, a California general partnership, • have previously entered into a Development Agreement dated October 15 1990, recorded as Document No. 90- 625289 with the Recorder of the County of Orange (hereafter referred to as the "Development Agreement "). On February 23, 1995, a portion of the property covered by the Development Agreement was transferred to C.J. Segerstrom and Sons, by Grant Deed recorded as Document No. 95 0099264 with the Recorder of the County of Orange. This Amendment relates solely to the property described in said Grant Deed which is owned by C.J. Segerstrom and Sons. The term of the original Development Agreement is fifteen (15) years. C. C.J. Segerstrom and Sons has applied to amend the Development Agreement between the parties to extend the Development Agreement's term by adding an additional ten (10) years, for a total of twenty-five (25) years from and after the date of execution of the original Development Agreement (subject to express exceptions noted in the Development Agreement). D. The City enters into this amendment to the Development Agreement pursuant to the provisions of the Government Code and applicable City policies. E. The Planning Commission has, following a duly noticed public hearing, on April 25, 2005, recommended approval of this Development Agreement. F. Entering into this Development Agreement would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing • deficiencies in public facilities, require the project developer to contribute a greater Ordinance NS -2688 Page 1 of 11