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CC Ordinance 1777-. - ORDINANCE NO. 1777 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, AUTHORIZING EXECUTION OF AN AMENDMENT NO. ONE OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CAMPBELL AND 900 EAST HAMILTON, LTD., A CALIFORNIA GENERAL PARTNERSHIP. The City Council of the City of Campbell does ordain as follows: SECTION ONE: The Mayor of the City of Campbell is hereby authorized to execute an amendment to the Development Agreement between the City of Campbell and 900 East Hamilton, Ltd., a California General Partnership, as described in Exhibit A, entitled Amendment One to Development Agreement, attached hereto and incorporated herein by reference. SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in the San Jose Mercury News, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 5th day ofbecember, 1989, by the following roll call vote: AYES: Councilmembers: KOTOWSKI, CONANT, BURR, ASHWORTH NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ABSTAIN: Councilmembers: WATSON ATTEST: APPROVED: f� j� JOIN J. ASHWORTH, MAYOR 7/4�l V-,f � . %e-C /C BARBARA OLSASKY, CITY CLERK By- Louise B. Pena, Deputy City Clerk EXHIBIT A AMENDMENT NO. ONE TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF CAMPBELL AND 900 E. HAMILTON, LTD., RELATIVE TO THE DEVELOPMENT KNOWN AS 900 E. HAMILTON AVENUE This Amendment No. One is entered into this 5th day of December 1989, by and between 900 E. Hamilton, Ltd., a California general partnership (the "Developer"), and the City of Campbell, a Municipal Corporation (the "City"), pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code. RECITALS: A. Developer and City are parties to that certain Development Agreement, dated June 17, 1986 ("Development Agreement"). B. All of the capitalized terms not otherwise defined in this Amendment No. One shall have the meanings given in the Development Agreement. C. The City has adopted Ordinance No. 1737, including the exhibits referred to in said Ordinance passed and approved by City on February 7, 1989, ("New Ordinance") which has the effect of modifying the Planned Development Permit previously approved by the City in connection with the Property and attached as Exhibit "2" to the Development Agreement. Condition No. 16 to the conditions of The New Ordinance attached as Exhibit D, thereto, requires that the Development Agreement be revised to reflect the revised project phasing and revised development schedule. D. By approval and execution of this Amendment No. One the parties wish to amend the Development Agreement to reflect the revised Planned Development Permit and the revised phasing and development schedule. NOW, THEREFORE, it is agreed by the City and Developer as follows; 1. Exhibit 112" to the Development Agreement is hereby amended by substituting the New Ordinance adopted by the City on February 7, 1989, which Ordinance and Conditions of Approval (attached as Exhibit D to such Ordinance) are attached hereto as Exhibit "2" and incorporated herein by reference. 2. Exhibit "4" (Revised Development Schedule) to the Development Agreement is hereby amended in full to conform to the form of Exhibit 4 - 2 - (Revised Development Schedule) attached hereto and incorporated herein by reference. 3. Except as expressly amended herein, the Development Agreement is in full force and affect the City and Developer have performed all covenants and obligations required to be performed through the date hereof pursuant to such Development Agreement. Excuted the day and year first above written. APPROVED AS TO FORM: William R. Seligmann City Attorney By: CITY OF CAMPBELL A California Municipal Corporation John J. Ashworth, Mayor 900 East Hamilton, Ltd., A California General Partnership By: EXHIBIT 4 DEVELOPMENT SCHEDULE Phase I (Office Building #1) - Begin Construction on or before December 31, 1988; complete construction on or before March 1, 1990. Phase II (Office Building 1/2) - Begin construction on or before December 31, 1989; complete construction on or before March 1, 1991. Phase III (Hotel) - Begin construction on or before December 31, 1993; complete construction on or before March 1, 1995.