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Home My WebLink AboutNS-2267 - Approving an Amendment to the Pacifi-Center Development Agreement079 REL: 10/4/95 ORDINANCE NO. NS- 2267 AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO THE PACIFI- CENTER DEVELOPMENT AGREEMENT WHEREAS, the City Council of the City of Santa Aha, by its Ordinance No. NS-1795, dated September 17, 1985, approved and entered into a Development Agreement, dated october 17, 1985, with Santa Fe Land Improvement Company, pertaining to the use and development, over a ten year term, of certain real property in the City of Santa Ana, commonly referred to as PacifiCenter Santa Aha (the "PacifiCenter Development Agreement"); and WHEREAS, the owners of property in the .PacifiCenter site do now desire to amend the PacifiCenter Development Agreement to extend its term for an additional five (5) years; and WHEREAS, the Planning Commission, after duly noticed public hearing, has recommended that such extension of the PacifiCenter Development Agreement be approved; and WHEREAS, the City Council has held a duly notice public hearing on the proposed extension of the PacifiCenter Development Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN as follows: 1. The amendment to PacifiCenter Development Agreement in the form set forth in Exhibit A, attached hereto and incorporated herein ie hereby approved. 2. The City Council finds and determines that the provisions of the PacifiCenter Development Agreement as amended pursuant to this ordinance are consistent with the general plan of the city. ADOPTED this 6th ATTEST: ice c. " /-/ ~lerk of the Councilf / day of November , 1995. COUNCILMEMBERS: Pulido Aye Richardson Aye Espinoza Aye Lutz Ave McGuigan Ave Mills Ave Moreno Ave APPROVED AS TO FORM: city Attorney O8O CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance '/~dt~ ' & ~' 7 to be the original ordinance adopted by the City Council of the City of Santa Ana on t~~f. ll!~, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Count--/ City of Santa Ana~.! RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 civic Center Plaza Santa Ana, CA 92701 Recorded In the Coun%y o~ Orange, Cali¢ornia Gary L. Granville, Clerk/Recorder IflllllllllfllllBIIIIIl lllllllUIIIl lllllfl 31,oo 1995056N86 2:96m 12/2 /95 095 8002318 88 29 R17 9 7,09 24.80 8,08 0.90 0,00 0.00 AMENDMENT TO DEVELOPMENT AGREEMENT THIS AMENDMENT, made and entered into this ~h day of ~0~b~Y' , 1995 by and between the CITY OF SANTA ANA, a municipal corporation of the State of California ("City"), CATELLUS DEVELOPMENT CORPORATION, a Delaware corporation ("Catellus") INGRAM MICRO INC., a California corporation ("Ingram Micro"), McDONNELL DOUGLAS REALTY COMPANY, a california corPoration ("McDonnell Douglas Realty"), and McDONNELL DOUGLAS CORPORATION, a Maryland Corporation ("McDonnell Douglas Corporation") Recitals: A. The city, by its Ordinance No. NS-1795, dated September 17, 1985, approved and entered into a Development Agreement, dated October 17, 1985, with Santa Fe Land Improvement Company, (the "Development Agreement"), recorded in the Orange County Records as Document No. 86-015236, pertaining to the use and development of certain real property in the City of Santa Ana, commonly referred to as PacifiCenter Santa Ana, described in Exhibit 1, attached hereto and incorporated herein. B. Catellus is the successor of Santa Fe Land Improvement Company. McDonnell Douglas Realty, McDonnell Douglas Corporation, and Ingram Micro are successors-in-interest of Santa Fe Land Improvement Company as to portions of the site subject to the Development Agreement.~ 0~ 1 C. Unless extended, the Development Agreement expires on October 17, 1995. D. The parties do now desire to amend the Development Agreement to extend its term for an additional five (5) years. WHEREFORE, the parties hereto do hereby agree that section 2 of the Development Agreement is amended to read as follows: 2. Term. The term of this Agreement shall commence on the effective date and shall continue until October 17, 2000, unless sooner terminated pursuant to the provisions hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: // ice C. Guy / . VClerk of the CounclA / APPROVED AS TO FORM: city Attorney CITY OF SANTA ANA /~-.M~guel At. Pultdo ~/ Mayor City ana er CATELLUS DEVELOPMENT CORPORATION'- 0W~ by ~-- Je~e~ K. Gwin Vice President /-P~i ~. Lapiant~/ ' Sr. Director, Facilities & Real Estate Sanat Dutta , Exec. V.P. 083 McDONNELL DOUGLAS REALTY COMPANY: 0~)~ ['/l~res ldent-- ~ G. J. !~Q~en Division Director - General Services 3 '084 LEGAL DESCRIPTION Ail that land situated in the City of Santa Ana, County of OranGe, State of california described as follows: Parcels 1 through 16, inclusive, as shown on a map recorded in Book 90g ..., pages 25-3.0, .of Parcel Maps, Records of Orange County. 7 EXHIBIT ALL. PURPOSE ACKNOWLEDGMENT State of County of On ~,%- California Oranoe /~. i"~ before me, Julie R. Yost. Notary Public personally appeared (.)e.~, t.~. (.~3,n ~ / ~ personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person~i,) whose name(~) is/a)/,e subscribed to the within instrument and ac- knowledged to me that he/s~e/tl'~y executed the same in his/~r/t~/~ir authorized capacity0"~s), and that by his/h/~r/t"~eir signature(~ on the instrument the person~), or the entity upon behalf of which the person0~ acted, executed the instrument. WITNESS my hand and official seal. ( OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER [] PARTNER(S) [] LIMITED [] GENERAL [] AI-rORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DESCRIPTION OF AI~ACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF: PAGES DATE OF OOCUMENT SIGNER IS REPRESENTING: ~IGNER(S) OTHE~ THA~ N.~EO ABOVE .~. NATIONAl. NOTARY ASSOCIATION · 8236 Remmel Ave., P Q ~x 7184 · Canot]a Part( CA rj 309-~'184 State o! County of On~Z~ before me, DATE } NAME, TITLE OF OFFICER - E,G., 'JANE D(~E, NOTARY ~UBLIC" personally appeared -~ ~::~'u/~r ~ ~U ~-Y,~ NAME(S) OF SiGNER(S) ~personally known to me - OR - [] proved to mB on the basis of satisfactory evidence AND SWORN '('0 BEFORE ~E to be the person(~) whose name(s) is/a~.e THIS).7..DAY OF .................... subscribed to the within instrument and ac- knowledged to me that he/el~e~h~y executed the same in his/h~r authorized capacity(ie~.), and that by hisf~a:l:~mir OPTIONAL ~E~TiON CAPACITY CLAIMED BY SIGNER invaluable to persons relying on t~e document. [] INDIVIDUAL [~CORPORATE OFFICEI~(S} [] PARTNER(S) [] LIMITED [] GENERAL [] ATrORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: signature(~) on the instrument the person(s), '~-"'-" ~ L~jL~;r~J ~ or the entity upon behalf of which the person(e) a~ed, executed the instrument. ~~ :~ ~ N~ESIGNERoF PERS~(s)IS REPRESENTING:oR ENTIW(IES) Not~,,, --~1 WITNESS my hand and official seal. ~A O~IONAL [~ THIS CERTIFICATE MUST BE A~CHE9 TO TITLE OR ~PE OF OOCL -' ~' THE DOCUMENT DESCRIBED AT RIGHT: ..... ER Of PAGES 087 CALIFORNIAALL-PURPOSE CERTIFICATE State of California SS. County of Los kngeles On October 25, 1995, before me, Maria K. Bussa, Notary Public, personally appeared Thomas J. Motherway, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Seal) 088 STATE OF ~ COUNTY OF ~-. ~ On this ~t ~- day of ~c~-~D , in the year before me, the undersigned, a Notary Public in and for said State personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Division Director - General Services of McDonnell Douglas Aeros_oace. a component of McDonnell Douglas Cor0oration acknowledged to me that such Corporation executed the within pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. (Seal) -I~lo~ary Public in and for said County and State ROBBIE SEHNERT NOTARY PUBLIC STATE OF MISSOURI ST. CHARLES COUNTY MY COMMISSION EXR JAN. 21, 1.999 089 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On I:r.~fi~ lq, Itit}oe before me,. WILLIAM 2' ~J~q~dA personally appeared ~ Ml6,b~g.b A. ~IJ~IPO ~nt{ dklJleJg, ~. (.~ ~personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/~) subscribed to the within instrument and ac- knowledgedto me that he/she~ executed the same in his/her~ authorized cap'""' acity(ies), and that by his/her/~hei~ signature(s) on the instrument the person(~, or th"~- e entity upon behalf of wh'ch the person0 acted, executed the instrument. WITNESS my hand and official seal.