HomeMy WebLinkAboutNS-2385 - Adopting the First Amended and Restated Development Agreement Between the City of Santa Ana and Kaiser Foundation Health Plan, Inc.35
ORDINANCE NO. NS-2385
AN ORDINANCE OF THE CITY OF SANTA
ANA ADOPTING THE FIRST AMENDED
AND RESTATED DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF
SANTA ANA AND KASIER FOUNDATION
HEALTH PLAN, INC.
The City Council of the City of Santa Ana ordains as follows:
SECTION 1. FINDINGS
The City Council of the City of Santa Ana ("the City") finds, determines
and declares:
A. The City is authorized pursuant to Government Code Sections 65864
through 65869.5 to enter into development agreements with persons having legal or
equitable interests in real property for the purpose of establishing certainty for both City
and Owner in the development process.
B. Kaiser Foundation Health Plan, Inc. ("Kaiser"), represents and
warrants that it has a legal or equitable interest in the approximately 8.72 acres, located at
the southeast intersection of Harbor Boulevard and MacArthur Avenue in the City.
Kaiser desires to develop the Property with a medical facility of approximately 80,000
square feet with on-site parking.
C. The City Council previously approved Development Agreement
No. 98-1, a Development Agreement between the City of Santa Aha and Kaiser
Foundation Health Plan Inc., on October 5, 1998.
D. Kaiser now seeks to amend and restate this Development Agreement
to (1) extend the life of the agreement from five years to six years, and (2) provide Kaiser
Health Plan Inc. with up to an additional twelve to eighteen months to cancel this
Agreement if it determines to not go forward with its project.
E. The Planning Commission considered this matter at its regular public
meet'rog of April 12, 1998 and recommended that the City Council approve the first
amended and restated Development Agreement, and associated negative declaration and
addendum.
F. The project site is zoned Professional (PO) and has a General Plan
Land Use Designation of Professional and Administrative Office (PAO). The site is
surrounded by commercial, office and industrial uses to the north; office, industrial and
concert facility to the south; Home Depot and industrial uses to the east; and commercial,
office and industrial uses to the west. The Council finds that this Agreement is consistent
with the City's General Plan, applicable Specific Plan(s), as well as all other applicable
ordinances, plans, policies and regulations of the City.
SECTION 2.
The City Council has reviewed and considered the information contained in
the initial study, the mitigated negative declaration and addendum prepared with respect
to this First Amended and Restated Development Agreement The City Council has, as a
result of its consideration, and the evidence presented at the hearings on this matter,
determined that, as required pursuant to the California Environmental Quality Act
("CEQA") and the State CEQA Guidelines, a mitigated negative declaration and
addendum adequately addresses the expected environmental impacts of this Agreement.
On the basis of this review, the City Council f'mds that there is no evidence from which it
can be fairly argued that the project will have a significant adverse effect on the
environment. The City Council hereby certifies and approves the negative declaration
and directs that the Notice of Determination be prepared and filed with the County Clerk
of the County of Orange in the manner required by law.
Pursuant to Title XIV, California Code of Regulations ("CCR")
§ 735.5(c)(1), the City Council has determined that, after considering the record as a
whole, there is no evidence that the proposed project will have the potential for any
adverse effect on wildlife resources or the habitat upon which the wildlife depends.
Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3),
the payment of Fish and Game Department filing fees is not required in conjunction with
this project.
SECTION 3.
The First Amended Development Agreement between the City of Santa Ana and
Kaiser Foundation Health Plan, Inc., a true and correct copy of which is attached hereto,
is hereby adopted. The Mayor and Clerk of the Council are hereby authorized to execute
this Agreement on behalf of the City.
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ADOPTED this 17thday of~4ay~ 1999.
ATTEST:
(/J/an{ce C. Guy
Clerk of the Council
COUNCILMEMBERS:
Pulido AVe
Lutz ~ge
Bist Aye
Christy Aye
Franklin Aye
McGuigan Aye
Moreno Absent
APPROVED AS TO FORM:
Joseph W. Fletcher, Ci~ty Attorney
/Chff AssistantICity Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No.
2,.,~g~ to be the original ordinance adopted by the City Council of the City of Santa
Ana on 5-/i -7 / q 9 ; and that said ordinance was published in a :cordance with
the Charter 6fthe Uity ~f Santa Ana.
Date: ~-~/}'/q~ /~dff~.,,~ff'~, ~'~-. ,-~
· ////Clerk of the Counc{1
" City of Santa Ana /
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RECORDING REQUESTED BY
AND WHEN RECORDED ~AIL TO:
Clerk of the Council
City of Santa Aha
20 Civic Center Plaza M-30
P.O. Box 1988
Santa Ana, California 92702
Recorded in the County of Orange, California
G~ry L. Granvi!te, Cterk/Recorder
005 10048883 10 ~0
R17 22 6.e0 65.00 e.ee e.ee e.ee e.ee
FREE RECORDING
GOVERNMENT CODE § 6103
FI]RST AMENDED AND RESTATED
".':~.' . . ~. .DEVELOPMENT AGREEMENT BETWEEN ..
· ' THE CITY OF SANTA ANA AND
KAISER FOUNDATION HEALTH PLAN, INC.
This FIRST AMENDED AND P, ESTATED DEVELOPMENT AoREEMENT
("Agreement") is entered into between THE CITY OF SANTA ANA, a charter city ("City") and
KAISER FOUNDATION HEALTH PLAN, INC., a California non-profit corporation ("Owner"
or "Property Owner''). As provided in Section 9.2, i~a, t~s Agreement shall fully supercede
and replace any other development agreement between the parties.
1. RECITALS. The Agreement is entered into with reference to the following facts:
1.1 Code Authorization. City is authorized pursuant to Government Code
Sections 65864 through 65869.5 to enter into development agreements with persons having legal
or equitable interests in real property for the purpose of establishing certainty for both City and
Owner in the development process. City enters into the Agreement pursuant to the provisions of
the Government Code and applicable City policies. The parties acknowledge:
0)
the time of development.
This Agreement is intended to assure adequate public facilities at
(2) This Agreement is intended to assure development in accordance
with City's General Plan, applicable Specific Plans and Capital Improvement Plan.
(3) This Agreement will permit achievement of goals and objectives as
reflected in the City's General Plan and all applicable Specific Plans.
(4) Owner is required by existing City regulations to provide mitigation
for certain impacts and pay certain regulatory fees as conditions of approvals through the
regulatory process.
(s)
This Agreement will allow City to realize extraordinary and
DA 98-1
EXHIBIT 3
4O
significant public infrastructure facilities and other supplemental benefits in addition to those
available through the existing regulatory process.
(6) Many of the extraordinary and significant benefits identified as
consideration to City for entering into this Agreement are of regional significance, relate to
existing deficiencies in public facilities, require Owner to contribute a greater percentage of
benefits than would otherwise be required, and represent benefits which would not otherwise be
required as part of the development process.
1.2 Owner. Owner represents and warrants that it has a legal or equitable
interest in the real property located in City of Santa Ana, California, legally described on Exhibit
A attached hereto and incorporated herein, and graphically described on Exhibit B attached hereto
and incorporated herein (hereinafter the "Property"). The Property consists of approximately
8.72 acres, located at tke southeast intersection' of Harbor Boulevard and MacArthur Avenue.
The Owner desires' to d6v~iop the'Property with a medical fficility of approximately 80,000 square
feet with on-site parking.
1.3 Interest of Owner. Owner hereby represents that it has an equitable and
legal interest in the Property. Owner further hereby represents that it has approved this
Agreement and is authorized to enter into this Agreement.
1.4
Planning Commission of the City ("Planning Commission"), after giving notice pursuant to
Government Code Sections 65090 and 65091, held a public hearing to consider the Owner's
application for this Agreement. The Planning Commission recommended to the City Council of
City that it execute this Agreement. On October 5, 1998, the City Council of the City of Santa
Ana ("Council"), after providing notice as required by law, held a public,l~_aring to consider the
Owner's application for this Agreement. Onx~amk~_/,~'1999 and .P~_, 1999, respectively,
the Planning Commission and City Council held a public hearing on the amended and restated
Agreement.
Planning Commission - Council Hearings. On September 14, 1998, the
1.5 Council Findings. The Council finds that this Agreement is consistent
with the General Plan, applicable Specifi,c P. lan($) as well as all other applicable ordinances, plans,
l~Olicies and regulations of the City. ""- ".
May
1.6 ' City Ordinance On Atxi~:_L7, 1999, the Council adopted Ordinance No.
lqS-~ q ~ 5 approving this Agreement. The ordinance became effective on Iort4~x , 1999.
June 16,
2. DEFINITIONS. In the Agreement, unless the context otherwise requires:
2.1 "Final Design" means the final design documents for the off-site storm
drain system including catch basins, to be constructed along Harbor Boulevard between
Sunflower and the Property, as prepared by Owner and approved by City, which are set forth in
greater detail in Section 5.8 of this Agreement.
2.2 "Property Owner" or "Owner" means Kaiser Foundation Health Plan,
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Inc., being the person, persons, or entity having a legal or equitable interest in the Property, and
includes Kaiser Foundation Health Plan, Inc.'s successors in interest.
2.3 '`property" is the real property described in Exhibit A and referred to in
Exhibit B.
2.4 "Project" is the development of the Property as generally set forth in GPA
No. 98-04, AA No. 98-11 for the change of zoning district, and the Project Description as set
forth in the negative declaration for the Project.
2.5 Storm Drain Locational Plan means the conceptual Storm Drain Plan ..
attached hereto as Exhibit C. The parties recognize that the Storm Drain Locational Plan sets
forththe.public.facilities whicia will be rec~uj, re,d. for the ultimate build-out of the City's M~ster Plan .
~ D~ain'age'o .'~'h~ ~e~leral ~.esdfi~tibn~ ~'roe:e'~s ail~t'all~cation of cost~ contained in the S~orgn ' :~'
Drain Locational Plan are further explained and identified in this Agreement as Exhibit C attached
hereto and incorporated herein.
3. EXHIBITS. The following documents referred to in the Agreement are attached
to this Agreement and are identified as follows:
Exhibit Referred to
Designation Description in Section
A
Property Legal Description
1.2
B
Property Graphical Description (Site Plan)
1.2
C
Storm Drain Locational Plan
2.5
4. GENERAL PROVISIONS.
4.1 Property Subject to the Agreement. Until released pursuant to the
provisions of Section 9.3 below, no property shall be released from this Agreement until Property
Owner has fully performed its obligations arising out of the Agreement.
4.2 Duration of Agreement. The term of the Agreement shall commence on,
and the effective date of the Agreement shall be, the effective date of City Ordinance No.
as set forth in Section 1.6 above, and the term shall extend for a period of six (6)
~ears following the effective date unless the Agreement is earlier terminated, or its term modified
of fully executed by both parties; provided, however, that nothing herein is intended nor shall it be
interpreted to extend the period of validity of any approval issued in conjunction with the City's
Development Project Plan process or building permit, beyond local requirement.
4.3 Assignment. Owner shall have the right to transfer or assign the Property,
in whole or in part, to any person, entity (public or private), partnership, joint venture, fLrm or
corporation at any time during the term of this Agreement; provided, however, the fights of
Owner under this Agreement may not be transferred or assigned unless the written consent of the
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Council is first obtained and any transfer or assignment of the rights under this Agreement shall
include in writing the assumption of the duties, obligations, and liabilities arising from this
Agreement if the City grants written consent to transfer the fights. Nor shall the fights of the
Owner hereunder be subject to assignment by attachment, execution, or proceedings under any
provision of the Bankruptcy Act, and any such assignment or transfer shall be wholly void and of
no force and effect unless such written consent thereto be obtained from the Council. Such
transfer or assignment shall not relieve the Owner of any duty, obligation or liability to City
without the consent of the City.
During the term of this Agreement, any approved assignee or transferee of the
rights under this Agreement shall observe and perform all of the duties and obligations of Owner
contained in this Agreement as such duties and obligations pertain to the portion of the Property .
transferred or assigned.. ,~ny an.d.{tll..a, ppr[.. ?v. ed succ.es.sgrs.and assignees, of Owner s.hall ha¥.e.all of
'~h~:'~ame. righ~a~,:~h~f'its, duties, o.'bligat!ons, and liabilities of Owner under this Agreement.'lf the
Property is subdivided, any subdivided parcel may be sold, mortgaged, hypothecated, assigned, or
transferred to persons for development by them in accordance with the provisions of this
Agreement. Upon assignment or transfer of the rights of Owner under this Agreement, the
obligations of Owner and the transferee or assignee shall be joint and several.
4.4 Amendment or Cancellation of Agreement. This Agreement may be
amended from time to time or cancelled by the mutual consent of the parties, but only in the same
manner as its adoption by an ordinance as set forth in Government Code Section 65868. The
term "Agreement" or "Development Agreement" as used herein shall include any amendment
pmperly approved and executed.
4.5 Enforcement. Notwithstanding Government Code Section 65865.4, this
Agreement is enforceable by any party to the Agreement in any manner provided by law. The
remedies provided in Section 8.4 of this Agreement shall not include, and City shall not be liable
for, any action in damages or any costs or attorney's fees resulting from any dispute, controversy,
action or inaction, or any legal proceeding arising out of this Agreement except as may be
provided in Section 6.3(5) of this Agreement.
4.6 Hold Harmless. Property Owner agrees to and shall hold City, its officers,
agents, employees, consultants, special counsel, and representativeg harmless, from.liability: (1) fc~r
damages, just compensation, restituiionl judiciai'or e~iuit~ible relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from the direct
or indirect operations of the Property Owner or their contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the Project; and (2) from any
claim that damages, just compensation, restitution, judicial or equitable relief is due by reason of
the terms of or effects arising from this Agreement. Property Owner agrees to pay all costs for
the defense of the City and its officers, agents, employees, consultants, special counsel, and
representatives regarding any action for damages, just compensation, restitution, judicial or
equitable relief caused or alleged to have been caused by reason of Property Owner's actions in
connection with the Project, any claims arising out of this Agreement, or any approval or
certification by the City relating to the Project. This hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have
been suffered, by reason of the events referred to in this Section or due by reason of the terms of,
or effects, arising from this Agreement or any approval or certification by the City relating to the
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Project, regardless of whether or not the City prepared, supplied or approved this Agreement,
plans or specifications, or both, for the Project. The Property Owner further agrees to indemnify,
hold harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity of
this Agreement or any approval or certification by the City relating to the Project, or asserting
that damages, just compensation, restitution, judicial or equitable relief is due to personal or
property fights by reason of the terms of, or effects arising from this Agreement. City may make
all reasonable decisions with respect to its representation in any legal proceeding.
4.7 Binding Effect of Agreement. To the extent not otherwise provided in..
Section 4.3 of this Agreement, the burdens of the Agreement bind, and the benefits of the
Agreement inure, to the parties' successors in interest. ~ ,-
..... 4.8 :. - R~latiox~.ship.of. . the Part~es... The. contractual., relationship between City
and O~vner arising out of the Agreement is one of independent contractor and not agency, This
Agreement does not create any third party beneficiary rights.
4.9 Notices. Any notice, tender, demand, delivery, or other communication
pursuant to this Agreement shall be in writing and shall be deemed to be properly given if
delivered in person or mailed by first class or certified mail, postage prepaid, or sent by
telefacsimile or other telegraphic communication in the manner provided in this Section, to the
following persons:
If to City, to:
City Manager
City of Santa Ana
20 Civic Center Plaza M-31
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6954
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza M-29
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
Ifto Owner, to:
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Richard R. Miller, Jr., Ph.D.
Land Use Manager ~ ' :
Kaiser Permanente
Facilities Services
393 East Walnut Street
Pasadena, California 91188
telefacsimile (626) 685-3910
and,
Stephen Doshay, Counsel
· ... Kaiser P. ermanente
Legal Services Department
393 East Walnut Street
Pasadena, California 91188
telefacsimile (626) 405-5221
A party may change its address by giving notice in writing to the other party.
Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and
transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours after
the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County, or city holidays shall be excluded.
5. DEVELOPMENT OF THE PROPERTY.
5.1 Rules, Regulations and Policies. The rules, regulations and official
policies governing the permitted use(s) of the Property, with respect t.o and only with respec.t to
the density and intensity of use of the Property, shhll be 'those rules,.regulati6ns; and policies.
applicable to tl~e Pro~perty as of (a) the effective date ~{'~h]s Agreement, or (b) the time at which'
Owner obtain~ a building permit for the Project or any unit or structure contained within the
Project, whichever is later.
5.2 Permitted Use, Density, and Intensity of Use; Rate and Amount of
Growth. Pursuant to Government Code Section 65866, and Pardee Construction Co. v. City of
Camarillo (1984) 37 Cai.3d 465,208 Cal. Rptr. 228, 690 P.2d 701, the right to enact police
power regulations on matters not covered by section 5.1 of this Agreement, including without
limitation regulation of the rate and amount of growth, is not abrogated by the City. The City
hereby retains the police power to provide for change in regulations, ordinances, policies, and
plans relating to moratoria, building permit allocations, timing, and sequencing of development
and the financing and provision of adequate public facilities at the time of development. No
vested rights as to any requirements in this sub-section either as to existing or future regulations,
ordinances, policies, and plans are hereby conferred.
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5.3 Design and Construction Standards and Specifications. The design
and construction standards and specifications for ali Project construction, including without
limitation the facilities set forth in the Storm Drain Locational Plan, shall be subject to applicable
design standards and guidelines in effect at the time that any development approval shall be
sought for the Project or any unit or structure contained within the Project.
5.4 Maximum Height and Size of Structure. The maximum height and size
for ali structures shali be as provided in the applicable zoning classifications.
5.5 Future Discretionary Approvals. This Agreement shall not prevent the
City, when considering requests for discretionary approvals not covered by Section 5.2 of this
,Agreement subsequent to the t:ffective d,ate of this Agreement, from applying new rules,
.... 5. gb
"' '- ' ~e'gulati6ns, and policies Which are applicable to the P~roperty, includin ut not limited to,
· ~han~'es in the general plans, specdic ' ' '
· plans, zoning, subdivision or building regulations, flor shall '
this Agreement prevent the City from denying or conditionaliy approving any subsequent
applications for land use entitlements based on such existing or new rules, regulations, and/or
policies; provided however, that such new rules, regulations, and official policies are of general
application to all development within the City and are not imposed solely with respect to the
subject property. In addition, this Agreement shali not prevent the City from exercising its police
power to protect the health, safety, and welfare of the public. This police power, exercised in
accordance with Section 5.2 of this Agreement, is paramount to any rights or obligations created
or existing between the parties.
5.6 Processing Fees. All fees and charges intended to cover City costs
associated with processing development of the Property, including but not limited to fees and
charges for applications, processing, inspections, plan review, plan processing, and/or
environmental review, which are existing or may be revised or adopted during the term of this
Agreement, shali apply to the development of the Property.
5.7 Amendments or Additions to Citywide Fee Programs. This Agreement
shall not preclude the inclusion of and changes to fee programs, taxes whether special or general,
or assessments (hereafter coliectively referred to as "fees") adopted by the City after the effective
date of this Agreement, which shall be applicable to the Project or the Property provided that they
(1) are standard fees applicable to ali development in the City (although actual fee rates may vary
within the City where bona fide Citywide fee zones have been established), (2) are not applicable
primarily or only to this Project, or (3) are not imposed to either (a) mitigate, offset or
compensate for Project impacts which were analyzed in the negative declaration prepared for the
Project, or (b) duplicate any project design features conditions of approval, agreements, or
mitigation measures contained in the Development Plan or this Agreement.
5.8 Development, Construction and Completion of Project. In
consideration for the extraordinary and significant benefits set forth in this Section, the Owner has
been legally vested under Section 5.2 with regard to the permitted uses of land, density, and
intensity of use. Facilities specified below must be designed and/or constructed prior to the
triggering event.
Facilities to Be Constructed
Triggering Event (E.g., New Use or New Area)
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1. Submit Final Design of off-site Storm
Drain and obtain review and approval by
the City and the City of Costa Mesa.
Final design must conform to Storm
Drain Locational Plan.
Prior to issuance of Building Permit for Phase I
building, as set forth in developer's plans submitted
in connection with GPA No. 98-04, AA No. 98-11,
and related negative declaration.
2. Install off-site storm drain system
from Sunflower to the Owner's property
line along Harbor Boulevard as set forth
in the Final Design.
Prior to City's issuance of Certificate of Use and
Occupancy for Phase I building, or six (6) years
from the effective date of this Agreement,
whichever comes fa:st.
After the effective date of this Ag~.eement, Owner shall promPily and diligently ' ' '
· - malte ~ood faith efforts to secure afl n[c.essary permits, variances and approvals necessary tO - -"
' pursue to completion the facilities set forth in the Final Design of the Storm Drain Locational Piafi
and the development therefor as provided in this Agreement, including without limitation all
permits from the City of Costa Mesa. With respect to the Final Design, Owner shall complete all
construction and development, shall submit all plans, drawings, and other documents, and perform
all of its obligations under this Agreement within the times specified above. During periods of
construction of the off-site storm drain egcompassed in the Storm Drain Locational Plan, Owner
shall submit to the City a written report of the progress of the construction when and as
reasonably requested by the City. The report shall be in such form and detail as may be
reasonably required by the City, and shall include a reasonable number of construction
photographs (if requested) taken from the last report by Owner. Development scheduling or date
or times of performance may be subject to revision from time to time if fzrst mutually agreed to in
writing. Such revisions do not constitute amendments requiring further notice and public hearing.
Notwithstanding the fo?egoing, for a twelve (12) month period following the
effective date of this restated and amended Agreement as set forth in Section 1.6 above,, Owner
shall have the un/lateral right to inform the City in writing that it is canceling this Agreement on
the sole grounds that it has chosen to not proceed with the Project. This twelve (12) month
period within which the Owner may cancel this Agreement may be extended for an additional six
(6) months upon Owner's written request coupled with the written approval of this request by the
Executix;e Director of the City's Public .Works Ag.ency. Should Owner exercise its right to cancel.
this Agreement during this twelve (12) month period'or'an3/six (6) niohth extehsion, neither ·
Owner nor City shall have any rights or obligations hereunder. After this twelve (12) monih
period, together with any six (6) month extension, Owner's obligations hereunder may only be
waived or amended pursuant to the provisions of Section 9.2 of this Agreement.
5.9 Responsibility For Costs of Off-Site Storm Drain. The City and Owner
agree that Owner shall be responsible for all costs associated with the design and construction of
the off-site storm drain provided for in the Storm Drain Locational Plan. Upon acceptance of the
off-site storm drain, including but not limited to the catch basins, by the City and the City of Costa
Mesa, Owner's responsibility to pay all costs associated with the off-site storm drain shall cease.
Owner shall obtain at least three (3) bids from qualified bidders for the construction of the off-site
storm drain, which identifies all labor and construction costs associated with the Storm Drain
Locational Plan. These bids shall be submitted to the City and Owner shall award the contract to
construct the off-site storm drain to the bidder selected by the City. Owner's overall financial
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obligation shall be as follows:
Portion of off-site storm drain
between Lake Center Drive and
Owner's property (design and
construction)
100% of all costs
Portion of off-site storm drain
between Sunflower and
Lake Center Drive (design and
construction)
18% of all costs
~ .The City shall be responsible, to Owner to,r.eimburse the 82% of the overall cost of
'de~'~/i"find c. oristructioh'of the portioh of the'off-site stdrm between Sunflov/,er anqi'Lake.Center
Drive as set forth in section 5.10 below (hereafter "City's Share").
5.10 Fee Deferral and Reimbursement. To reimburse Owner for Owner's .:
initial obligations to pay the entire cost associated with design and construction of the off-site
storm drain provided for in the Storm Drain Locational Plan, the parties agree that the following
fees, otherwise due and oweable by Owner, shall be deferred and not be paid by Owner as a
condition of obtaining any City permit or approval:
Fee Unit Fee Amount Total Deferred Fee
(Estimated)
TSIA Fee (Area E) 80,000 SF $2,01/sf $160,800
Sewer Connection 293 Plumbing $57.97/fixture $16,985
Charge Fixtures
Water Main Charges 520 Linear Ft on $24.00/linear foot $ 28,104
Harbor
651 Linear Ft on
MacArthur
TOTAL $205,889 (estimate)
In addition, the parties agree that the City's reimbursement obligation shall be
credited by the City Drainage Assessment Fees (Area III) that Owner would otherwise be
required to pay, estimated to be $23,544, and that Owner shall not be required to pay this fee.
This sum, together with the $205,899 estimated fee deferral shall be referred to as the Offset
Amount. The exact amount of the Offset Amount shall he calculated by the City at the time that
Owner obtains a building permit for the Phase I building, using the then current rates of each fee
and the final Units of size.
Within sixty (60) days of the date upon which the City accepts the off-site storm
drain, as set forth in the Storm Drain Locational Plan, into the City's storm drain system, City
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shall provide Owner with all monies then present in the City Local Drainage Area III to an
amount equal to the City's Share minus the Offset Amount. Should their be insufficient funds in
the Local Drainage Area III account to equal the City's Share minus the Offset Amount, then the
City shall, within sixty (60) days of the conclusion of each fiscal year, forward all sums in the City
Local Drainage Area III to Owner until the Owner has been reimbursed the City's Share minus the
Offset Amount; provided, however, that the entire amount of the City's Share minus the Offset
Amount shall be provided to Owner no later than sixty (60) days following the end of the two (2)
full fiscal years from the date upon which the City accepts the off-site storm drain, as set forth in
the Storm Drain Locational Plan, into the City's storm drain system. Thereafter, payments into
the Local Drainage Area III account shall be directly used to re-pay the estimated $205,899 in
Owner Offset Amount.
· 5.11 .M0rat~oriu.ms. M~rato,riums enacted by the City for the public health,
~afet~','an~l ~Iffife, .which ~re in'posed ~n the Property or Project, shall toll the time pe/-iods set.
forth in this Agreement.
5.12 City to Receive Construction Contract Documents. Owner shall furnish
City, upon written request, copies of any public facilities construction contracts and supporting
documents relating to the off-site storm drain.
5.13 Conditions of Discretionary Approvals. The requirements imposed as
conditions of any discretionary approval received through the City's existing regulatory process
shall be governed by the terms of those approvals, and in no event shall such conditions be
affected by the termination, cancellation, rescission, revocation, or default or expiration of this
Agreement.
5.14 Compliance With Governmental Requirements. Owner shall carry out
the design, construction, and operation of the Project in substantial conformity with all applicable
laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the
State of California, the County of Orange, the City, or any other political subdivision in which the
Property is located, and of any other political subdivision, agency, or instrumentality exercising
jurisdiction over the City, the Owner or the Property, including all applicable federal, state, and
local occupation, safety and health laws, rules., regulations and standards, applicable state and
labor standards, ~pplicable~prevailing wage requirements, the City zoning and dev~16~ment
standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as
they apply to the Property and the Project, and all other provisions of the City and its Municipal
Code (as they apply to the Property and the Project), and all applicable disabled and handicapped
access requirements, including, without the limitation, the Americans With Disability Act,
42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act,
Civil Code § 51 et seq. ("Governmental Requirements"). Owner explicitly acknowledges that
construction of the off-site storm drain required pursuant to the Storm Drain Locational Plan shall
be subject to the requirement that Owner pay "prevailing wage" rates pursuant to Labor Code
section 1720 et seq., and that this standard shall constitute one of the Governmental
Requirements.
6. ANNUAL REVIEW.
6.1 City and Owner Responsibilities. City shall, at least every twelve (12)
10
months during the term of this Agreement, review the extent of good faith substantial compliance
by Owner with the terms of this Agreement. Pursuant to Government Code Section 65865.1, as
amended, Owner shall have the duty to demonstrate by substantial evidence its good faith
compliance with the terms of the Agreement at the periodic review.
6.2 Review Letter. If Owner is found to be in compliance with the Agreement
after annual review, City shall, upon written request by Owner, issue a Review Letter to Owner
(the "Letter") stating that based upon information known or made known to the City Council, the
City Planning Commission and/or the City Planning Director, the Agreement remains in effect and
Owner is not in default. Owner may record the Letter in the Official Records of the County of
Orange.
6.3 Failure of Periodic..Review. City's failure to review at least: .annually : .. --
O(vher'~ ct;rflpli~ce:~itl~"th~ terrhs and ~'onditi0n~'of this Agreement shall not cons~i~ffte or be
asserted by any party as a breach of the Agreement by Owner or City.
7. DEFAULT.
7.1 Events of Default. Property Owner is in default under this Agreement
upon the happening of one or more of the following events or conditions:
(1) If a warranty, representation, or statement made or furnished by
Property Owner to the City is false or proves to have been false in any material respect when it
was made;
(2) A finding and determination made by the City following a periodic
review under the procedure provided for in Government Code Section 65865.1 that upon the
basis of substantial evidence the Property Owner has not complied in good faith with one or more
of the terms or conditions of this Agreement;
(3) Failure to comply with Governmental Requirements;
(4) Any other event, condition, act, or omission which materially
interferes with the intent and objectives of this Agreement.
7.2 Procedure upon Default.
(1) Upon the occurrence of default, City shall give Property Owner
(the "defaulting party") thirty (30) days written notice specifying the nature of the alleged default
and, when appropriate, the manner in which said default may be satisfactorily cured. After proper
notice and expiration of said thirty (30) day cure period without cure, City may terminate or
amend this Agreement in accordance with the procedure adopted by the City as to all defaults that
may be cured within said thirty (30) day cure period. For defaults that cannot be cured within
said thirty (30) day cure period, City may terminate or amend this Agreement in accordance with
the procedure adopted by the City should at any time Owner fall to diligently proceed in curing
the default. Failure or delay in giving notice of default shall not constitute a waiver of any default,
nor shall it change the time of default.
11
5O
(2) City does not waive any claim of defect in performance by Property
Owner, if on periodic review the City does not propose to modify or terminate this Agreement.
(3)
Non-performance shall not be excused because of a failure of a
third person.
(4) An express repudiation, refusal, or renunciation of the contract, if
the same is in writing and signed by the Property Owner, shall be sufficient to terminate, this
Agreement and a hearing on the matter shall not be required.
(5) Adoption of a law or other governmental activity making
performance by the Owner unprofitable or more difficult or more expensive does not excuse the
p.erformance of the obligation by th.e Pr. operty Ow.ner.-.. . .
(6) All other remedies at law or in equity which are not inconsistent
with the provisions of this Agreement are available to the parties to pursue in the event there is a
breach.
7.3 Damages upon Termination. In no event shall Property Owner be
entitled to any damages against City upon termination of this Agreement.
7.4 Institution of Legal Action. In addition to any other rights or remedies,
either party may institute legal action to cure, correct, or remedy any default or broach, to
specifically enfome any covenants or agreements set forth in the Agreement, or to enjoin any
threatened or attempted violation of the Agreement; or to obtain any remedies consistent with the
purpose of the Agreement. Legal actions shall be instituted in the Superior Court of the County
of Orange, State of California, or in the Federal District Court in the Central District of California,
Southern Division.
8. ENCUMBRANCES AND RELEASES ON PROPERTY.
8.1 Discretion to Encumber. This Agreement shall not prevent or limit
Owner, in any manner, at Owner's sole discretion, Trom encumbering the Prop. erty or a~a~, portion
of the Property or any improvement on the Prol~rty by any mortgage, deed of trust, or'other
security device securing financing with respect to the Property or its improvement.
8.2 Entitlement to Written Notice of Default. The mortgagee of a mortgage
or beneficiary of a deed of trust encumbering the Property or any part thereof and their successors
and assigns shall, upon written request to City, be entitled to receive from City written notification
of any default by Owner of the performance of Owner's obligations under the Agreement which
has not been cured within thirty (30) days following the date of default.
8.3 Releases. City agrees that upon written request of Property Owner and
payment of all fees and performance of the requirements and conditions required of Owner by this
Agreement with respect to the Property, or any portion thereof, City may execute and deliver to
Owner appropriate release(s) of further obligations imposed by this Agreement in form and
substance acceptable to the Orange County Recorder or as may otherwise be necessary to effect
12
the release~
9. MISCELLANEOUS PROVISIONS.
9.1 Rules of Construction. The singular includes the plural; the masculine
gender includes the feminine; "shall" is mandatory; "may" is permissive. If there is more than one
signer of this Agreement, their obligations are joint and several.
9.2 Entire Agreement, Waivers and Amendments. This amended and
restated Agreement constitutes the entire understanding and agreement of the parties with respect
to the matters set forth in this Agreement. This Agreement supersedes all negotiation or previous
agreements between the parties respecting this Agreement. All waivers of the provision of this
· Agre, emen, t anust be in writing and sign. ed by. lhe.apprgpriate authoritie, s °f City °r °f Owner' 'All
'~ndmentd't'o tl~s?Agr'6ement m~t be in writi',~ signed by the appropriate authorities of City"
· ~nd O~/ner, in a form suitabl~ for recording in the Official Records of Orange County, California.
Within ten (10) days following the effective date of this Agreement, a copy of this Agreement
shall be recorded in the Official Records of Orange County, California. Upon the completion of
performance of this Agreement or its revocation or termination, an appropriate Certificate of
Completion acknowledging such occurrence signed by the appropriate agents of Owner and City
shall be recorded in the Official Records of Orange County, CaiJfomia.
9.3 Project as a Private Undertaking. It is specifically understood by the
parties that: (a) the Project is a private development for purposes of Government Code Section
65864 et seq.; (b) City has no interest in or responsibilities for or duty to third parties concerning
any improvements to the Property or in connection with the Project until City accepts the
improvements pursuant to the provisions of this Agreement or in connection with discretionary
approval(s); and (c) Owner shall have the full power and exclusive control of the Property subject
to the obligations of Owner set forth in this Agreement.
9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of this
Agreement are part of this Agreement.
9.5 Captions. The captions of this Agreement are for convenience and
reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the
interpretation, construction, or meaning of any of the provisions of this Agreement.
9.6 Consent. Where the consent or approval of a party is required in or
necessary under this Agreement, the consent or approval shall not be unreasonably withheld.
9.7 Covenant of Cooperation. The parties shall cooperate with, deal with
each other in good faith, and assist each other in the performance of the provisions of this
Agreement.
9.8 Time of Essence. Time is of the essence for each provision of this
Agreement of which time is an element.
9.9 Conflicts of Law. In the event that state or federal laws or regulations
enacted after this Agreement has been entered into or the action or inaction of any other affected
13
9.8 Time of Essence. Time is of the essence for each provision of this
Agreement of which time is an element.
9.9 Conflicts of Law. In the event that state or federal laws or regulations
enacted after this Agreement has been entered into or the action or inaction of any other affected
governmental jurisdiction prevent or preclude compliance with one or more provisions of this
Agreement or require changes in plans, maps, or permits approved by the City, the parties shall
provide the other party with written notice of such state or federal restriction, provide a copy of
such regulation or policy, and a statement of conflict with the provisions of this Agreement. The
parties shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to
modify this Agreement to comply with such federal or. state law fr regulation. Thereafter,: ....
re'~.ardless, of..~h~thel' fhe parties re~ch an a~reement on tlle effect of such federal or state law br
regulation ~pon the Agreement, the matter shall be scheduled for hearing before the Council.
Public notice of such hearing shall be given pursuant to Government Code Section 65854.5. The
City Council, at such hearing, shall determine the exact modification or suspension which shall be
necessitated by such federal or state law or regulation pursuant to Government Code Section
65869.5. At the hearing Owner shall have the right to offer oral and written testimony.
9.10 Recording. The City Clerk shall cause a copy of this Agreement to be
recorded with the Office of the County Recorder of Orange County, California, within ten (10)
days following the effective date of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the City of Santa
Ana, acting by and through its Mayor, and by Property Owner.
Dated this/~l~ day of
ATTEST:
icrc' JANIOE C. GUY
CLERk( OF THE COUNCIL
Approved as to Form:
JOSEPH W. FLETCHER,
CITY ATTORNEY
I ChillfAssistant Cit
i~CT'II~G' MAYOR THOMAS E. LUTZ~__ ~
PROPERTY OWNER
Kaiser Foundation Health Plan, Inc.,a nonprofit
Public Benefit Corpgral}iioq/
ItsV_irP Prmq{ldont' nf
National Facilities Services
Attorney
State of California
County of Orange
On May 19, 1999
DATE
before me, Elizabeth Dang
ELIZABETH DANG, SENIOR DEPUTY CLERK OF THE COUNCIL
personally appeared
Tom Lutz
NAME(S) OF SIGNER(S)
[] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed'
the same in his/her/their authorized capacity(les), and that'by
his/her/their signature(s) on the instrument ~e person(s), 'or
'the entity,upcm behalf of which.the p~rson(s) ~cted, executed
· .' the instrument. "-
WITNESS my hand and official seal.
s~5~/ruva or SENIOE DEPUTY cu~ o~ X3igCOUNClL
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 55
State of California
County of Orange
~rsomlly ap~ared
fi(personally known to. me - OR - [] proved to me on the basis of sa6sfactory evidence to
be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/thei~
signatore(s) on the instrument the person(s), or the'
entity uporr.be'hal£ of which the person(s) acted,
executed the ihstrument.
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
COUNTY OF ~ )
On this _ day of.i .. ,1999, before me,
.... __ · h Notary Public in and for said state, personally appeared
__, personally known to me (or proved to me on the basis of
satisfactory ~vidence) to be the Mayor of THE CITY OF SANTA ANA, the charter city that
executed.the within instrumet~t, kn.qFn.to me. to be the per, son who executed the within
... '. irfst~utn~ht'0h b~hdlf'0fffie n~fmlclpal,c'orp¢'rt/{ibh therein:ha/ned, and acknowledge/:t t6 me that
such'municipal corporation executed th~ within ~nstrument pursuant to ~ts bylaws or a resolution
of its City Council.
WITNESS my hand and official seal.
STATE OF CALIFORNIA
COUNTY OF ORA2;GZ
NOTARY PUBLIC
On this /q day of /7/~£~t , 1999, before me,
~t~/~ ~z,~//tg~..~, a Notary Public in and for said state, personally appeared
-7-~,r~ /~t~./../_.~/~ , personally. ,k.n..%w. B1p- ~o.~..j~Ipv~d to me on the basis
of satisfactory evidence) to be the llt~_~fiO~'gt~c,~'~?l~a'iser-- ~un'~titt'dn ~I~alth Plan, Inc., the
/~--,~.qO~) that executed the within instrument, known to me to be the person who
executed the within instrument on behalf of the municipal corporation therein named, and
acknowledged to me that such municipal corporation executed the within instrument pursuant to
its bylaws or a resolution of its Board.
WITNESS my hand and official seal.
NOTARY PUBLIC
×/
ORz9732340
TITLE OFFICER - S~TEP. CZE~,'S~2
ALL THAT CERTAIN L.-'.ND SITUATED iN ~.d-= STATE OF C.-'~L:O?_\'/~.. COL.-%-I'¥ OF OR_4_NGE, C1Tt' OF SA-N-fA
.-~_NA, DESCF..~ED AS FOLLO'~VS:
PARCEL A:
PARCEL ]. AS SHO¥/N O:< EXHiBiT 'B' ATTACHED TO LOP LINE ADJUSTMENT LL 93-? RECORDED
AUGUST 15, 1993 AS INSTRUMENT NO. 93-0545721 OF OFFICIAL RECORDS OF OP,.~.NGE COUNTY,
CALIFORNIA.
EXCEPT FROM A PORTION OF SAID LAND AN UNDIVIDED ONE-HALF INTEREST IN ALL ,,dNERA_S,~' ' !
ORES, PRECIOUS A;'.'D USEFUL METALS SUBSTANCES .AND HYDROC~,_BONS OF EVERY KIND AND
;LAND, BUT WITHOUT THE RIGHT TO USE ~'HE SfdRFACE OF SAID LAND IN CONNECTION \\'I~H.
THE DEVELOPMENT THEREOF, PROVIDED, HOWEVER, THE SAME SHALL NOT BE CONSTRUED T(~'.
PROHIBIT SLANT DRILLING OPEP.-ATIONS'OR such OTHER OPERATIONS W'HICH IN .NO WAY USE,
OR IS' ANY \VAT AFFECT THE SURFACE RIGHTS TO SAID LAND.AND WHICH DO NOT ENTER SAID
LAND AT A POINT LESS THAN 500 FEET TO SAID SURFACE AS RESERVED IN' THE DEED FROM
MARY ANN VINCENT, AND OTHERS, RECORDED APRIL 15, 1957 IN BOOK 3S74, PAGE 311 OF
OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ALSO EXCEPT FROM A PORTION OF SAID LAND, AN UNDIVIDED ONE-HALF INTEREST IN ALL
.MINERALS, ORES, PRECIOUS AND USEFUL METALS, SUBSTANCES AND HTDROCA.RBONS OF
EVERY KIND AND CHARACTER, INCLUDING PETROLEUM, OIL GA, ASPHALTUM AND TAR, IN AND
UNDER SAID LAND, BUT \VITHOUT THE RIGHT TO USE THE SURFACE OF SAID LAND IN
CONNECTION WITH THE DEVELOPMENT THEREOF, PROVIDED, HOWEVER, THE SAME SHALL NOT
BE CONSTRUED TO PROHIBIT SLANT DRILLING OPERATIONS OR SUCH OTHER OPERATIONS \VHICH
DO NOT ENTER SAID LAND AT A POINTLESS THAN 5C~3 FEET TO SAID SURFACES, AS RESERVED
IN THE DEED FROM ANTON H. SEGERSTROM AND OTHERS, TO ROBERT F. JONES AND \VIFE,
RECORDED JANUARY ?, 1959 IN BOOK 4539, PAGE 489 OF OFFICIAL P. ECORD5 IN THE OFFICE OF
THE COUNTY RECORDER OF SAiD COUNTY.
A NON-EXCLUSIVE EASEMENT FOR VEHICULAR INGRESS AND EGRESS, DR.-*.INAGE AND
MAINTENANCE OF PRIVATE ROAD OVER THAT PORTION OF PARCEL 2, AS SHOWN ON THE MAP
FILED IN BOOK 3S, PAGE 13 OF PA.RCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, TOGETHER \VITH THAT PORTION OF LOT 3 OF THE WILL!.*MS TP,_~.CT AS SHOWN
ON THE .MAP RECORDED IN BOOK 30, PAGE 14 OF DEEDS IN THE OFF~CE OF THE COUNTY
RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGiNNiNG AT THE INTERSECTION OF THE EASTERLY LINE OF SAID PARCEL 2 \VITH THE
SOUTHERLY LI:<E OF MAC .KRTHUR BOULEVA_RD, 104.0'3 FEET IN \VIDTH, AS DESCRIBED IN THE
DEED TO THE CITY OF SANTA ANA RECORDED OCTOBER 23, 1952 IN BOOK d294, PAGE 195 OF
OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER OF OR--'.NGE COUNTY, SAID
SOUTHERLY LINE BEING PAP~Z. LLEL \VITH AND SOUTHEP-.LY 52.0.3 FEET FROM THE EASTERL'Y
PROLONGATION OF THE NORTHERLY LINE OF SAID P.&RCEL 2; THENCE .NORTH $8~ 39' I0' EAST
17.79 FEET .-'.LONG SAID SOUTHERLY LINE TO A POINT ON A NON-TANGENT CURVE CONCAVE
SOUTHEASTERLT HAVING A R.-'.DiUS OF 29.50 FEET, A RADIAL LINE TO SAID PO!NT BEARS NORTH
41: -'.5' 55' \VEST; THENCE SOUTH~,VESTERLY 25.5.3 FEET ALONG S.-*.!D CURVE THROUGH A
CENTP~'-.L ANGLE OF 49~ 35' O.)'; THENCE SOUTH I ~ 20' 55' EAST 24.?i FEEl TO THE BEGINNING
OF A TANGENT CURVE CONCAVE WESTERLY HAVING A P--~.DIUS OF I'/5.O3 FEET; THENCE
Exhibit A
60
OR-9732340
~ l ~ 1E OF~CER - $ ~E RCZ EWS.~'2
SOUTHERLY 117.10 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 38= 20' 22';
THENCE SOUTH 36° 59' 26' WEST 60.0.3 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 123.0,3 FEET; THENCE SOUTHERLY '/5.15 FEET ALONG SAID
CURVE THROUGH A CENTR,-'.L ANGLE OF 35° 00' 20'; THENCE SOUTH 1 ° 59' 05' WEST 75.~3 FEET;
THENCE SOUTH 2= 22' 54' EAST 163.75 FEET; THENCE SOUTH 1" 19' 16' EAST 29,.).?7 FEET; THENCE
SOUTH 5~' 29' .39' EAST 82.39 FEET; THENCE SOUTH I ° 0-4' 59' EAST 37.74 ,.EET TO THE BEGINNING
OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS ,~..: 20.03 FEET; THENCE
SOUTHERLY 10.6g- FEET ALONG SAID CURVE THROUGH A CENTRAL ,'LN.' ;,E OF 30= 28' 32' TO THE
NORTHERLY LINE OF L.~KE CENTER DRIVE (FORMERLY JUNIPER ." "-.N.. ~. AS ,DESCRIBED IN THE
DEED TO THE CITY OF SANTA ANA RECORDED SEPTEMBER 21, ~)73 lb," BOCK 10911, PAGE 625 OF
OFFICIAL RECORDS IN THE OFFICE OF SAID COONTY RECORDER OF Oi:ANGE COUNTY; THENCE
SOUTH SE° 37' I4' WEST 37.05 FEET ALONG SAID NORTHERLY LINE TO THE EASTERLY LINE OF
PARCEL I AS SHO\VN ON SAID MAP FILED IN BOOK 35, PAGE 13 OF PARC~EL'MAPS: TH~:NCE='
NORTH 1 ° -19' 45' .WES']r. 3$& r2 FEET ,/,LON(~'.SAID EASTERLY LINE AND SAiD EAS:I-ERLY'LI.NE OF
'PARCEL 1 TO A POINT ON A NON-T,~NGENT CGRVE CONCAVE WESTERLY HAVING'A I~DIUS OF
80.0.3 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 71 ° 57' 45' EAST; THENCE NORTHERLY
3.26 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2° 19' 54'; THENCE NORTH 20°
22' 09' \\'EST 12.65 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING
A RADIUS OF 150.CO FEET; THENCE NORTHERLY 43.09 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 16° 27' 30'; THENCE NORTH 3° 54' 39' WEST 142.84 FEET; THENCE NORTH 1 °
23' 32' WEST 72.65 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE EASTERLY HAVING
A RADIUS OF t72.60 FEET, A P~DIA'L LINE TO SAID POINT BE.4~RS SOUTH $9~ 04' 46' WEST;
THENCE NORTHERLY 114.21 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37° 54'
40'; THENCE NORTH ~6~59' 26' EAST 60.00 FEET TO THE BEGINNING O? A TANGENT CURVE
CONCAVE WESTERLY HAVING A RADIUS OF 125.40 FEET; THENCE NORTHERLY $3.91 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 38° 20' 23'; THENCE NORTH 1 ° 20' 56' \VEST 25.00
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS
OF 29.50 FEET; THENCE NORTHWESTERLY 24.95 FEET ALONG SAID CUKVE THROUGH A CENTRAL
ANGLE OF 48° 27' 33' TO THE SOUTHERLY LINE OF SAID MAC ARTHUR BOULEVARD AS
DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA RECORDED OCTOBER 22, 1962 IN BOOK
6292, PAGE 65 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER OF ORANGE
COUNTY; THENCE NORTH 8~° 39' 10' EAST 52.12 FEET ALONG SAID SOUTHERLY LINE TO THE
POINT OF BEGINNING.
· ~,
EXCEPTING THEREFRO. I ANY PORTION INCLUDED WITHIN PARCEL "A' ABOVE~
93-0545721 - ~
EXHIRIT D
LOT LINE ADJUSTIIENT NO. LL - 9,5- 7"
..... £X[St'It~C ZGT L/Ag TO BE REYISED
£XISTIttC LO/' LIh~ TO
~C/L ~ A~FH~e ~ ~OULEVA~D
' ' t~~ i~~'~s'IO ~ ~.;Zq ~ ~ .
' I% m - ' ~-~-,,.,,- ...q .:
~ ~ I~ u ~./2o ,~.~ d ~ ~ ';11
~ / l~ ~ ~ ~ DOL. 2 ~ ,* ;.~'
~1 ~' ~ ·
I
I
I
t '
-" ~ .-- /~.~ ~r~= ~
"' ~"". ~' 2~;]-~ID l~lOl ~ HI2 ~--'~ ~lN. CA ~ DIAl
'2 ..? .D
Hmrbor Boulevard Storm Or~'zn
/ I~1 "-Between Lake
/ lEI · Kaiser's Co~
/ It~1' C~tu's Cost
~-~--Betueen Sun~'l< * Czt§'s Cost
Center Drive and Kazser's Propertg
wet and Lake Center Drive