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Ordinance No. 924ORDINANCE NO. 924 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DEVELOPMENT AGREEMENT NO. 94 -1 BETWEEN THE CITY OF CYPRESS AND THE CYPRESS LAND COMPANY WHEREAS, Sections 65864 et sec. of the Government Code of the State of California and Section 20 of Appendix I, "Zoning," of the Code of the City of Cypress authorize the execution of agreements establishing and maintaining requirements applicable to the development of real property: and, WHEREAS, in accordance with the procedure specified in said Section 20, Cypress Land Company, a California limited partnership, has filed with the City of Cypress an application to enter into a development agreement with the City, which application has been reviewed and accepted for filing by the Community Development Director; and, WHEREAS, notice of the City's intention to consider adoption of a development agreement with the Cypress Land Company, had been duly given in the form and manner required by law, and the City Council of said City has conducted a public hearing on September 12, 1994, at which it heard and considered all evidence relevant and material to said subject. THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council hereby finds and determines, with respect to the proposed development agreement by and between the City of Cypress and the Cypress Land Company, (hereinafter the "Development Agreement No. 94 -1 ") that it: a. Is consistent with the objectives, policies, general land uses and programs specified in the City of Cypress' General Plan, Specific Plan No. 84 -1 and Specific Plan No. 88 -1, as amended, in that the Development Agreement makes reasonable provision for the use of certain real property for planned business park and professional office uses, as in said General Plan and Specific Plans as amended; b. Is compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real properties referred to therein are located as the Development Agreement provides for planned business park and professional office uses; c. Is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; and d. Will not be detrimental to the health, safety, and general welfare because it provides adequate assurances for the protection thereof SECTION 2. Approval. Development Agreement No. 94 -1, a copy of which is on file in the office of the City Clerk and by this reference is incorporated as if set forth in full, with such changes, corrections and additions as approved by the City Manager and City Attorney or Acting City Attorney relative to Cypress Land Company saving and holding the City harmless from any claims is hereby approved. The Mayor is authorized and directed to evidence such approval by executing Development Agreement No. 94 -1 for, and in the name of, the City of Cypress; and the City Clerk is directed to attest thereto; provided, however, that Development Agreement No. 94 -1, shall not be executed by the City until this Ordinance takes effect. SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of 1 the fact that any one or more sections, subsections, subdivision, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 4. The City Clerk is hereby authorized and directed to certify as the passage of this Ordinance and to give notice thereof by causing copies of this Ordinance to be posted in three public places throughout the City. FIRST READ at a regular meeting of the City Council of said City held on the 12th day of September , 1994, and finally adopted and order posted at a regular meeting held on the 26th day of September , 1994. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLE OP CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, California, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the City Council of the City of Cypress, held on the 26th day of September , 1994, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson, and Partin NOES: 0 COUNCIL MEMBERS: None ABSTAINED: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 2f CITY CLERK 1 THE CJ Y OF CYPRESS 2