|
4. Also on. January 4, 1988, City and the then -owner of
<br />MacArthur Place, BGS Partners, a California limited partnership
<br />("BGS"), entered into that certain Development Agreement, pursuant
<br />to California Government Code Section 65864 et sec.., recorded on
<br />June 2, 1988, as Instrument No. 88-260709, in the office of the
<br />Orange County Recorder (the "Development Agreement").
<br />5. In conjunction with the adoption of SD Plan No. 43
<br />and the Development Agreement, the City, on December 7, 1987,
<br />certified an Environmental. Impact Report (the "EIR") pursuant to
<br />the California Environmental Quality Act (Pub. Res. Code §21000 et
<br />sea.) ('"CEQA"), which EIR included mitigation measures associated
<br />with development of MacArthur Place (the "EIR Mitigation.
<br />Measures") .
<br />6. On April 19, 1988, BGS and the Community
<br />Redevelopment Agency of the City of Santa Ana ("Agency"), pursuant
<br />to its authority under the Redevelopment Plan, entered into that
<br />certain Disposition and Development Agreement ("DDA"").
<br />7. On May 6, 1988, the City and BGS entered into that
<br />certain Implementation Agreement to clarify and implement the
<br />City's and BGS's mutual understanding concerning the EIR Mitigation
<br />Measures and other aspects of development of MacArthur Place
<br />("City--BGS Implementation Agreement").
<br />B. On June 24, 1991, BGS executed that certain
<br />Declaration of Covenants, Conditions, Easements and Restrictions
<br />for MacArthur Place which was recorded on July 31, 1991 as
<br />Instrument No. 91-405476 in the office of Orange County Recorder,
<br />as amended by that certain First Amendment to Master Declaration of
<br />Covenants, Conditions, Easements and Restrictions for MacArthur
<br />Place, dated October 28, 1992, recorded on November 25, 1992 as
<br />Instrument No. 92-812402 in the office of Orange County Recorder,
<br />and as further amended by that certain Second Amendment to Master
<br />Declaration of Covenants, Conditions, Easements and Restrictions
<br />MacArthur Place, dated April 7, 1998, and recorded on April 9,
<br />1998, as Instrument No. 19980210010 in the office of Orange County
<br />Recorder, as further amended by that Third Amendment to Master
<br />Declaration of Covenants, Conditions, Easements and Restrictions
<br />MacArthur Place, Santa Ana, California, dated April 14, 1998, and
<br />recorded on April 15, 1998 as Instrument No. 19980222443 in the
<br />office of Orange County Recorder, as further amended by that
<br />certain Fourth Amendment to Master Declaration of Covenants,
<br />Conditions, Easements and Restrictions MacArthur Place, Santa Ana,
<br />California, recorded on February 14, 2000 as Instrument No.
<br />2000080364 in the office of Orange County Recorder (collectively,
<br />the "Master OCRs") . The Master OCRs refer to certain rights of the
<br />City in enforcing certain provisions of the Master CCRs.
<br />9. After 1988, various parcels comprising MacArthur
<br />Place were sold to separate private entities. Lots 1 through 4 of
<br />Tract 13802 came .into the ownership of MacArthur Partners, a
<br />California limited partnership ("MacArthur Partners") Lots 5 and
<br />394/016555-0002/3124650.19 05/26/00 - 2 -
<br />
|