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UBLIC HEARING: Director of Development ... - City of Glendale

UBLIC HEARING: Director of Development ... - City of Glendale

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EXHIBIT A<br />

FIRST AMENDMENT TO<br />

DREAMWORKS ANIMATION L.L.C.<br />

STATUTORY DEVELOPMENT AGREEMENT<br />

AND PARTICIPATION AGREEMENT<br />

This FIRST AMENDMENT TO THE DREAMWORKS ANIMATION L.L.C. STATUTORY<br />

DEVELOPMENT AGREEMENT AND PARTICIPATION AGREEMENT (this<br />

"Amendment") is entered into as <strong>of</strong> , 2008 by and between the following<br />

parties: (I) CITY OF GLENDALE (the "<strong>City</strong>"), (2) GLENDALE REDEVELOPMENT AGENCY<br />

(the "Agency"), and (3) DREAMWORKS ANIMAnON L.L.C., a Delaware limited liability<br />

company ("Participant").<br />

RECITALS<br />

WHEREAS the <strong>City</strong>, the Agency and Participant entered into that certain Statutory<br />

<strong>Development</strong> Agreement and Participation Agreement (the "Agreement") effective as <strong>of</strong>June<br />

26, 1996 (the "Effective Date").<br />

WHEREAS the Agreement provides that Participant will comply with, among other<br />

things, the <strong>City</strong>'s MI Restricted Industrial Zone regulations in effect as <strong>of</strong> the Effective Date <strong>of</strong><br />

the Agreement, except where specifically modified by <strong>City</strong>'s approval <strong>of</strong> Conditional Use Pel111it<br />

Nos. 991-U and 9558 and Zone Variance No. 9557.<br />

WHEREAS on August 26, 1997, the <strong>City</strong> amended certain portions <strong>of</strong> the M I<br />

Restricted Industrial Zone, adding a new lndustrial Mixed-Use/Large Scale Project designation<br />

that amended the height and other regulations governing development in the M I Zone, for a<br />

project that is classified as an Industrial Mixed-Use/Large Scale Project.<br />

WHEREAS on September 16,2004, the <strong>City</strong> amended the <strong>Glendale</strong> Municipal Code (the<br />

"Code") to eliminate the M I Restricted Industrial Zone regulations and to substitute the IND<br />

Industrial Zone regulations, including an Industrial Mixed-Use/Large Scale Project designation for<br />

a project meeting the requirements <strong>of</strong>an Industrial Mixed-Usc/Large Scale Project, as defined in<br />

Notc (I) afTable 13.13 - B afSection 30.13.030 afthe Code.<br />

WHEREAS the <strong>City</strong> and Agency have detennined that Participant's Project that is the<br />

subject <strong>of</strong> the Agreement is an Industrial Mixed-Use/Large Scale Project.<br />

WHEREAS the <strong>City</strong>, Agency and Participant desire that the Code provisions for<br />

Industrial Mixed-Use/Large Scale Projects within the IND Zone apply to Participant under the<br />

Agreement so that Participant may develop its campus in accordance with the height limits<br />

applicable to an Industrial Mixed-Use/Large Scale Project.<br />

WHEREAS the <strong>City</strong>, the Agency and Participant desire to amend the Agreement on the<br />

terms and subject to the conditions set forth below.<br />

NOW, THEREFORE, the Agency, the <strong>City</strong> and Participant. and each <strong>of</strong> them, agree as follows:<br />

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