HomeMy WebLinkAboutNS-2389 - Approving an Amendment to the Development Agreement Between City of Santa Ana and ...MATE DEI PROJECT
DISPOSITION AND DEVELOPMENT AGREEMENT WITH
DIOCESE OF ORANGE
ORDINANCE NO. NS-2389
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
SANTA ANA AND DIOCESE OF ORANGE EDUCATION AND
WELFARE CORPORATION
WHEREAS, this Council adopted Ordinance No. NS-2260, on August 21, 1995, adopting a
Development Agreement ("Agreement") between the Diocese of Orange Education and Welfare
Corporation, a California Non-profit Corporation (Developer) and the City of Santa Ana ("City") to
facilitate the physical expansion and improvement of an existing private secondary school (the
"Project") on that certain property generally located on the west side of Baker Street, north of St.
Andrew Place, south of Edinger Avenue and east of Bristol Street (the "Property"); and,
WHEREAS, the parties to the Agreement now desire to amend said agreement to reflect
various changes in the development standards applicable to the Project; and
WHEREAS, this Council, prior to taking action on this ordinance, has held a duly noticed
public hearing, on said Amendment to the Development Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
1. Pursuant to California Environmental Quality Act ("CEQA") Guidelines Section 15164,
this Council finds and determines that after completion of Environmental Review No. 98-137, an
Addendum to Mitigated Negative Declaration No. 95-27 is appropriate to address only minor
technical changes or additions to the Project, and is hereby approved and certified.
2. That certain Amendment to the Development Agreement between the City of Santa Ana
and Diocese of Orange Education and Welfare Corporation, dated August 21, 1995, is hereby
approved, as attached in exhibit 1 and incorporated herein as if fully set forth, and the Mayor is
authorized to execute said Amendment on behalf of the City of Santa Ana following its execution
by Developer, and the Clerk of the Council to attest to the same.
3. The Clerk of the Council is directed to cause a copy of the Amendment to the
Development Agreement to be recorded in the official records of Orange County, California, within
ten days following its effective date. As use herein effective date means the date thirty days after
the date of adoption of this ordinance.
ADOPTED this 2_Lag day of
ATTEST:
June
1999.
CITY OF SANTA ANA
oreulid~
COUNCILMEMBERS:
Miguel Pulido Aye.
Tom Lutz Aye
Lisa Bist Aye
Alberta Christy Aye
Brett Franklin Ab s e nt
Pat McGuigan Aye
Ted Moreno Aye
APPROVED AS TO FORM:
'~89
Ordinance No. NS-2389
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No.
A/~ 2.~ 3 ~' a~ to be the original ordinance adopted by the City Council of the City of Santa
Aha-on d,/~ t / ~ ~ ; and that said ordinance was published in accordance with the
Charter oftt{e Cit~ o'f ~anta Ana.
Date:
fthe coUnci~
Santa Ana "~
¸91
EXHIBIT 1
AMENDMENT TO DEVELOPMENT AGREEMENT
THIS AMENDMENT TO DEVELOPMENT AGREEMENT (Amendment) is entered
into this/~_~ day of ~ , ....... 1999, by and between the
CITY OF SAN---~A/qA, a municipal/corporation organlzea ana exlss~ng
under the laws of the State of California (City) and the DIOCESE OF
ORANGE EDUCATION AND WELFARE CORPORATION, a California nonprofit
corporation (Developer). (D~)
RECITALS
WHEREAS, on August 21, 1995, the Developer and City (~City")
entered into a Development Agreement (~Agreement") to facilitate
the physical expansion and improvement of an existing private
secondary school (the "Project") on that certain property generally
located on the west side of Baker Street, north of St. Andrew
Place, south~ of Edinger Avenue and east of Bristol Street (the
"Property"); and
WHEREJt~, the parties to the Agreement now desire to amend said
Agreement to reflect various changes in the development standards
applicable to the Project.
NOW, THEREFORE, in consideration of the foregoing Recitals,
and the mutual covenants and promises hereinafter contained, and
for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as follows:
1. Provision 3 of the Agreement shall hereby be amended to
read as follows:
3. Permitted Use of the Property.
The parties agree that the use of the Property as a
private secondary school offering general, technical,
vocational and college preparatory education to students
in grades 9 through 12 is a permitted use of the
Property, subject to the right of the City to enforce
all laws which do not conflict with the rights of the
Developer under this Development Agreement. In
addition, a permitted use of Additional Parcels Nos. 1
and 2 is a parking lot use and a permitted use of
Additional Parcel No. 3 is office or classroom use,
provided such office or classroom use is carried on
exclusively in conjunction with the school on the
Original Parcel. ~
2. Provision 4 of the Agreement shall hereby be amended to
Page I of 14
read as follows:
4. Special Development Standards.
The following standards shall apply to the
Development notwithstanding anything to the contrary in
the land use and development plans and regulations of
the City as they currently exist or may be hereinafter
amended:
(a) Intensity of use: The number of students
attending the school on the Property shall not exceed
2,200 at any one time.
(b) Maximum height of buildings: No building on
the Property shall exceed 50 feet in height within 100
feet of residential property, or 75 feet otherwise.
(c). Maximum size of buildings: The aggregate
floor area of all buildings on the Property shall not
exceed 230,000 square feet.
(d) A minimum of 200 parking spaces shall be
maintained onsite.
(e) A minimum 15 feet landscaped setback shall be
maintained along all public right-of-way, except where
existing structures encroach at the bus turn out on
Edinger Avenue and where parking is between Bristol
Street and the performing arts building per the master
plan, Exhibit K.
(f) A minimum 5 feet landscaped setback shall be
maintained along all interior property lines.
(g) Fire protection systems and fire lanes shall
be provided to the satisfaction of the Fire Marshall.
(h) Site access shall be from Bristol Street,
Edinger Avenue and at the intersection of Baker Street
and Berkeley Street and emergency vehicle access at
Pomona and Stanford streets as shown on Exhibits J, K,
N, O, and P.
(i) On-site circulation shall meet minimum City
Standard of 23-foot aisle width, 24-foot radius turn-
around area for passenger vehicles (40 foot radius for
buses and trucks), continuous forward movement of
passenger vehicles, 60-foot entry throats and 8 h x 18
foot parking stall sizes.
Page 2 of 14
(j) A minimum 35 feet on-site student drop-off
zone shall be provided.
(k) Perimeter limited access gates may be
constructed provided that they are open during all
business/school hours, visible to the street when
closed, and located no closer than 20 feet from the
street right-of-way. Access gates shall maintain a 60
foot setback from Edinger and a 20 foot setback from
Berkeley.
(1) Parking lots shall be landscaped with 150
square feet minimum planters at the end of rows of
parking.
(m) An eight foot high masonry wall, as measured
from the adjacent grade, shall be provided along the
east property line abutting residential.
(n) Ornamental iron or similar fencing, such as
painted tubular steel or aluminum, shall be used if
fencing is provided around the campus buildings along
Edinger and Bristol Streets. Chain link may be utilized
at athletic fields.
(o) The Building Security Regulations (S.A.M.C.
Chapter 8, Article 2, Division 3) are applicable only to
new buildings and remodels exceeding 50% of the value of
the existing building or structure. These regulations do
not apply to unopenable windows or mechanical shafts
that are not accessible. Waiver requests from these
regulations will be considered as each building is being
reviewed in Building Division plan check. On-site
manned security shall be a consideration in evaluating
waiver requests.
(p) The City will conduct architectural review as
a component of the Development Project Plan Review
process as to:
· Architectural compatibility to the site and
area;
· Architectural treatment on all sides of
buildings;
· Architectural finishes, materials and colors;
and
· Compliance with general architectural design
standards applied citywide.
Page 3 of 14
¸94
However, the City will not mandate a particular
architectural style (i.e. mission, post modern, cape
cod) on the project.
(q) The Developer shall install parking lot
lighting for security purposes as required by the City.
(r) Developer shall maintain
circulation management program.
an on-site
(s) Developer grants to City the authority to
remove graffiti on any block wall facing a public street
upon reasonable notice to Developer.
3. Provision 6 of the Agreement shall hereby be amended to
read as follows:
6. Non-vested City Laws and Regulations
(a) Developer and all persons and entities in
occupation of any portion of the Property shall comply
with all City laws and regulations which do not conflict
with the use and development of the Property pursuant to
provisions 3 and 4 of this Agreement as such City laws
and regulations may from time to time be enacted or
amended hereafter. Specifically, but without limitation
on the foregoing, the use and development shall comply
with the following types of City laws and regulations as
they may from time to time be enacted or amended
hereafter:
(i) Taxes, assessments, fees and charges;
provided, however, that the collection of certain
development fees shall be governed by subsection (b) of
this section.
(ii) Building, electrical, mechanical, fire and
similar codes based upon uniform codes incorporated by
reference into the Santa Ana Municipal Code;
(iii) Laws, including zoning code provisions, which
regulate the manner in which business activities may be
conducted or which prohibit any particular type of
business activity on a city-wide basis;
(iv) Procedural
application.
rules of general city-wide
(b) The Transportation System Improvement Fee
Page 4 of 14
(currently established by S.A.M.C. § 8-44), the Drainage
Area Fee (currently established by S.A.M.C. §~ 34-191 et
seq.) and the Sewer Connection Fee (currently
established by S.A.M.C. § 39-53) shall be paid by the
Developer in the rates in effect at the time payment is
due. However, the calculation and collection of such
fees shall be governed by the following principles:
(i) Transportation System Improvement Fee:
· Payment shall be due prior to issuance of
building permits.
The fee will not be applied to the
remodel or rehabilitation of existing buildings.
· Credit will be given for the demolition
of any existing structure pursuant to Santa Aha
Municipal Code §8-44.
(ii) Drainage Area Fee:
· Payment will be due prior to the issuance
of a building permit.
A 12-acre credit will be given for
previous fees paid for the Property.
(iii) Sewer Connection Fee:
· Payment shall be due prior to issuance of
building permits.
· Credit will be given for fixture units
removed due to the demolition of any structure.
· No fee shall be collected for the
rehabilitation or remodel of a building unless there is
a net increase in the number of fixture units.
The parties also. understand that the City currently
collects a fee on behalf of the Orange County Sanitation
District and that that district determines the rules for
calculation and collection of that fee, as well as the
amount.
The City shall not impose any fee on the Developer for
the construction of street medians.
4. Provision 7 of the Agreement shall hereby be amended to
Page 5 of 14
read as
follows:
7. Dedications and Street Improvements.
Developer agrees to make the following dedications
of land to the City in connection with the Development:
(a) A right-of-way easement dedicated for street
purposes for a diagonal corner cut-off on the southeast
corner of the intersection at Bristol Street and Edinger
Avenue, as shown on Exhibit F.
(b) A right-of-way easement dedicated for a bus
turn-out on the Edinger Avenue frontage of the Property,
as shown on Exhibit G.
(c) A 20-foot-wide drainage and utility easement
as shown on Exhibit H and a 60-foot-wide drainage
access, utility and emergency access easement over the
portions of Baker, Stanford and Pomona Streets being
abandoned as shown on Exhibit M.
(d) A right-of-way easement dedicated for a
diagonal corner cut-off at the southwest corner of
Edinger Avenue and Baker Street at the proposed main
entrance to the school, as shown on Exhibit I.
(e) A right-of-way easement dedicated to
accommodate the Berkeley Street new knuckle design, as
shown on Exhibit P.
Prior to the issuance of a certificate of occupancy
for any new building on the Property, Developer shall
make dedications (a) and (b), above, and shall, at
Developer's sole cost, do the street work necessary to
improve the bus turn-out in accordance with Exhibit G
and the Edinger main entrance in accordance with Exhibit
J, attached hereto and incorporated herein, all in
accordance with City standards. The City shall do the
corner cut-off street work at Bristol and Edinger, at
the City's sole cost, at such time as the City widens
and improves Bristol Street in the vicinity of the
Property. The City shall also do the necessary median
changes in Edinger Avenue in accordance with Exhibit J
at its own expense at such time as Developer improves
the Edinger Avenue main entrance.
Dedications and/or easements (a), (b), (c), (d) and
(e) as listed above, shall be made by Developer prior
to the issuance of any building permit. The
installation of improvements for the parking lot area,
Page 6 of 14
¸97
including, but not limited to, the storm drains, curb
and gutters, pavement, street!~ights, parkway culverts,
sidewalks, and drive approaches shall be the
responsibility of the Developer and the City, in
accordance with Section 11 and 11.5 of this Agreement.
Developer is authorized to construct the public
improvements on behalf of the City pursuant to Section
11.5 of this Agreement and shown on Exhibit R.
The City shall bear the cost of the preparation of
a traffic analysis for the proposed traffic signal at
the main entrance to the school on Edinger Avenue at
Baker Street. The City shall also bear any and all
costs related to the design and installation of said
traffic, signal.
Developer shall be responsible for any other
traffic analysis associated with the development of the
project and any mitigation related thereto.
Developer agrees to provide the City with an
easement for the installation of underground traffic
signal appurtenances and traffic signal .toops, if it is
necessary for such appurtenances and traffic signal
loops to encroach into the Property. The City shall
take all reasonable means to install all controller
boxes on the northwest corner of Edinger Avenue at Baker
Street.
Developer agrees to make the dedications referenced
in this section without payment from the City in
consideration of receiving the City's approval of this
Development Agreement.
No other dedications of land will be required by
the City in connection with the Development during the
Term of this Development Agreement. However, nothing
herein shall be construed to limit the City's ability to
acquire any portion of the Property, or rights therein,
through the exercise of its power of eminent domain.
Phasing of the off-site improvements shall be as
follows:
(a) Phase I: Parking Lot
(i) Installation of a traffic signal at
Edinger Avenue and Baker Street;
(ii) Dedication of corner cut-off on the
southwest corner of Baker Street at
Edinger Avenue;
Page 7 of 14
(iii)
(iv)
(v)
(vi)
Dedication of land for new knuckle design
at Berkeley;
Completion of abandonment for Baker,
Pomona and Stanford streets and
construction of cul-de-sacs at Pomona
Street and Stanford Street;
Relocation of two utility poles and guy
wires along east property line; and
Completion of drainage improvements and
storm drains.
(b) Phase IA: Library and Science Building,
Student Services and Chapel
(i) Construction of bus turn-out on Edinger
Avenue; and
(ii) relocation of utility poles for bus turn
out.
5. Provision 11 of the Agreement shall hereby be amended
to read as follows:
11. Street vacations
The City shall hold a public hearing to consider
whether to vacate the excess right-of-way of Bristol
Street shown on Exhibit L, attached hereto and
incorporated herein, promptly following the execution of
this Agreement.
The City shall hold a public hearing to consider
whether to vacate and abandon the City's right of way
easements over Baker Street, Stanford Street, and Pomona
Street to the extent they abut the Additional Parcels,
and over the Edinger frontage road to the extent it
abuts the Original Parcel and Additional Parcel No. 3,
as shown in Exhibit M, attached hereto and incorporated
herein, and shall, remove street improvements from the
said vacated streets and construct public drainage
improvements in the area of the drainage easement
granted to the City by Developer pursuant to Section 7
of this Development Agreement, in accordance with the
following terms and conditions:
(a) The said street removal and drainage
improvement work shall be completed by the City prior to
the last of the following dates:
(i) The date occurring one (1) year after the
Page 8 of 14 . ·
date on which the City receives written notice from the
Developer that the Developer~ ~has acquired title to all
the Additional Parcels (provided the Developer has in
fact acquired such title).
(ii) The date occurring one (1) year after the
date on which the City receives written notice from the
Developer that the Developer has removed all
improvements from the Additional Parcels (provided the
Developer has in fact removed such improvements).
(iii) The date occurring one (1) year after the
date on which the Developer dedicates the drainage
easement specified in Section 7 of this Development
Agreement to the City.
(b) The .City shall be responsible for the removal
and/or relocation of all public utilities located in the
area of.the streets which are to be vacated pursuant to
this section, without cost to the Developer (other than
costs for any new utility connections which may be
necessary).
If, at the design development stage, the City
determines that street lights are required as a result
of the termination of Pomona and Stanford Streets, the
City shall design and install the street lights within
the context of standard spacing requirements utilized
citywide.
(c) Once all required street abandonments are
completed, the Original Parcel and the Additional
Parcels shall be merged into a single (t) new parcel by
means of a Lot Line Adjustment. Developer shall file,
process and record the Lot Line Adjustment. The
consolidation shall be completed prior to the issuance
of a building permit.
The City shall retain existing utility
for sewer, water, drainage and maintenance
within the newly created parcel.
easements
purposes
Developer shall allow
utility easements within the
abandoned for the Project.
City access to all City
former street rights-of-way
(d) It is understood and agreed that the drainage
improvements to be installed by the Developer in the
drainage easement shall be storm drains and surface
drainage facilities, as depicted in Exhibits H,N,O,P and
Q or approved equal by the City's Engineering Division.
Page 9 of 14
100
It is further understood ~that such surface drainage
improvement may not be sufficient to fully protect other
improvements on the Property from stormwater damage
during especially severe storms, and Developer assumes
the risk of such damage. Developer may install an
underground piped drainage system within the school
property and may connect to any existing City drainage
facility. Once constructed, Developer shall be
responsible for maintaining and cleaning the on-site
drainage facilities and shall keep the drainage
facilities free and clear of all impediments to drainage
and shall maintain the five-foot strip to the east of
the drainage easement as a landscaped area.
Developer shall provide City with a surface
drainage easement for public water flowing across the
private parking area.
read
6. Provision 11.5 shall hereby be added to the Agreement
as follows:
11.5
Reimbursement
(a) In the event Developer elects to undertake
construction of the off-site improvements pursuant to
this Agreement and as further detailed in Exhibit R,
City shall reimburse Developer in accordance with
Exhibit R, provided, in no event shall City's
reimbursement for the off-site improvements exceed
$550,000, in the aggregate.
Developer shall submit progress payment invoices to
City for the actual cost of construction. Payment by
City shall be within 30 days from receipt of said
invoice, subject to City accounting procedures. Final
payment shall occur after all off-site improvements are
completed and accepted by the Executive Director of the
Public Works Agency.
(b) Developer shall relocate the two utility poles
and guy wires located between Berkeley Street and
Stanford Street (as shown on Exhibit S).
City shall reimburse Developer for the cost of the
relocation. Developer shall submit an invoice to City
for the actual cost of the relocation and payment by
City shall be within 30 days from receipt of said
invoice, subject to City accounting procedures.
With the exception of the utility poles referenced
to
Page 10 of 14
101
in Exhibit S, Develo~er~ shal~ be responsible for all
costs associated with the undergrounding of peripheral
utility lines and relocation of any other utility poles
and guy wires.
(c) Bidding Requirements
Developer shall enter into a single contract for
the construction of on-site and off-site improvements,
as further set forth in Exhibit R. The City shall
approve the award of this contract to the m lowest
responsible bidder,m which shall be deemed to be ~he
lowest responsible bidder for both on-site and off-site
improvements when considered together. The Developer's
bid package shall:
(i) Require separate bids for construction of
on-site improvements vis-a-vis off-site public
improvements and require the contractor to
separately account for costs expended on on-
site vis-a-vis off-site improvements;
(ii) Require use of prevailing wage rates for
off-site public improvements;
(iii)Use City approved bid package;
(iv) Employ bidding process in accordance with
City procedures per Santa ~Lna Municipal Code
§2-805;
(v) Require that all change orders for off-
site public improvements shall be approved in
writing by the Executive Director of the
Public Works Agency prior to the commencement
of work; and'
(vi) Provide that the bids shall be delivered
under seal directly to the City.
Alternatively, should the City and Developer
jointly elect, the off-site public improvements, as
further set forth in Exhibit R, may be bid and
contracted for using a "management contract method."
Should Developer .propose use of management contract
method for such improvements it shall identify in
writing a proposed management contractor. Upon receipt
of this request, the Executive Director of the Public
Works Agency shall review such proposal within three
(3) working days. Should the parties choose to utilize
the management contract method for construction of the
off-site public improvements, the bidding requirements,
as set forth above, shall be modified in that (i) the
bidding requirements shall apply only to the off-site
public improvements and not to the separate contract to
Page 11 of 14 - -
be let bY the Developer for the on-site improvements,
and (ii) .for the~of-f~$ite.publi~ impr0vements separate
bids shall be s.~bmit~ed to ~e~Cl~Y for~ ea~h.'~rade~The
.~an~ge'~ht':~?cont~actor':.-~:?shatI.'~..perfotm'~ no~ ~Of'.'*.the
construction itself unless it is awarded a separate
contract therefore as the lowest responsible bidder in
subsequent bidding under the procedures set forth
above. Should the management conEract method be
utilized, the cost of the management contractor shall
be included in the $550,000.00 cap as set forth in
paragraph 11.5(a) of this Agreement.
(d) Construction Requirements
D~veloper shall carry out' the design, construction
a~d operation of the off-site improvements in
substantial conf0rraity 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,
Developer or the Property, including all applicable
federal, state and local occupation, safety and health
laws, rules, regulations and standards, applicable state
and labor standards, prevailing wage requirements, the
City zoning and development standards, City permit and
approvals, building, plumbing, mechanical and electrical
codes, as they apply to the off-site improvements, and
all other provisions of the City and its Municipal Code
and all applicable disabled and handicap access
requirements, including, without limitation, the
Americans with Disability Act, 42 U.S.C. ~12101 et seq.,
Government Code §4450 e~ seq. and the Unruh Civil Rights
Act, Civil Code §51 et seq. (Governmental Requirements).
Developer explicitly acknowledges that construction of
the public off-site improvements shall be subject to the
requirement that Developer shall pay "prevailing wage"
rates pursuant to Labor Code §1720 et seq. and that this
standard shall constitute one of the Governmental
Requirements.
7.' Provision 12(b) of the Agreement shall hereby be
amended to read as follows:
(b) The City agrees to construct a public parking lot
on the east side of Bristol Street norsh of Edinger
Avenue as part of its Bristol Street widening project.
Page 12 of 14
The said parking lot shall contain approximately 240
parking spaces. The City shall not impose any charge
for parking at the said parking lot. The parking lot
is contemplated to be constructed approximately in the
year 2000. The City will not widen and improve Bristol
Street north of Edinger Avenue without construction of
the said parking lot.
read
8. Provision 22 shall hereby be added to the Agreement to
as follows:
22. Exhibits
Ail exhibits to the Amendment are attached hereto
and incorporated herein as if fully set forth and in the
event of any duplicative numbered or lettered exhibits,
all exhibits to this Amendment shall supercede and
replace any previous exhibits.
9. Provision 23 shall hereby be added to the Agreement to
read as follows:
23. Hold Harmless
Developer agrees to and shall hold City, its
officers, agents, employees, consultants, special
counsel, and representatives harmless from liability:
(1) for damages, just compensation, restitution,
judicial or equitable 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 Developer 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. Developer 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
Developer'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
Page 13 of 14 ..~
suffered, by reason of the events referred to in
Section 11.5 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 Project,
regardless of whether or not the City prepared,
supplied or approved this Agreement, plans or
specifications, or both, for the Project. Developer
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 rights 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.
10. This Amendment
when both of the parties
constitute an original.
may be executed in counterparts which,
hereto have signed this Amendment, shall
11. The Effective Date of this Amendment, when both parties
hereto have signed this Amendment, shall be the latest of the dates
set next to the signatures of the parties below, and such date
shall be inserted into the preamble of this Amendment.
12. Except as hereby amended, the Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have entered into this
Amendment as of the Effective Date.
ATTEST:
r eo 't. YCounc l
CITY OF SANTA ANA ~ ~
Page 14 of 14
'105
~ary A~ ~eatz~ ey
~nt3ity
DIOCESE OF ORANGE EDUCATION
AND WELFAi~E CORPORATION
Name
~t~ Pces,d~.~ar
Da t e
Page 15 of 14
106
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On July 19, 1999 before me,
personally appeared N~,~S) oF s~oNms)
Janice C. Guy ,
:^s~c~ c. o,.,v, ctm~ o~.r,~ covsca~.
Miguel A. Pulido ,
J~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(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the persun(s) acted,
executed the instrument.
WITNESS my hand and official seal.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Stzte of California
County of Orange
On Jul 20 1999 before me,
DATE
personally appeared
Maria Ruano
Janice C. Guy
NAME(S) OF SIGNER(S)
107
personally k~own 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 the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
108 , ·
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of ~ ?'-" '
County of
On (~."~--- _,~..o¢.//,,~,~' before me, ~--~./~ ~'f-.-. '~/'~ ~'~
///~ Date ' ~,~ __ .~ Name ~nd 31tie of O~;~e,g,, 'Jane Dca, No~ Pub~i~'")
personally appeare~'''~ ~' ~-/.~o*.-~....,~ '~v-~J,/ - ~ ~ ,
,[~ersonally 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 the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this fon'n to another document.
Description of Attached Document
Title or Type of Documen~ ~~"~--
D cc u m e n t Dst e: ~'~--~,c.~,.-.~/~'~'? Number of Pages: ~
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's N a m e .' ."'~,~"~
[] Individual
~ Corporate Of~cer / .,4
Title(~,,): ~
[] Partner ~-E] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other: Top of thumb here
[] Individual
~ Corporate-0~fficer ,,/ ~ //'/
Tit,e(,):
· [] Partner-- [] Limited [] General ,//
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other: Top of thumb here
Signer Is Representing: Signer is Representing:
1995 National Notary As$cc~ation · 8236 Remmet Ave., Re. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reo~er: Call Toll-Free 1.800-876-6827
'tO9
NW COR.~ SY~ I/g;. NW 1/4, SEC. 24. T. 5S., R. IOW.
: : 58.1 ................... 5A':2' ......... 58.1 ................. 58.3 .................................
ri~ EDINGER AVENUE
~ . . -- _ _ _~ ......... :.:::......=:::::::::::~::............-.....
.~ ......................................................................... [ .....
F'' ";':.'"i'"'""..: ':.. ..... ':': ......
58.1
PER OCPFI~RD SI'D. PLAN
NO. 1120 ·
PO?. W I/2, W 1/4, HW //4
SECT/ON 24, T$S, N/OW,
F.W. KOLL ALLOT/vIE/VT
A
N.T.$.
EXHIBIT
PROPOSED BUS TURN OUT
(PACE I OF
H: \GRPS\PDATA\33758\DW~\EXHIBIT\DAEXHGI.DWG
110
, ' LANDSCAPE
E LY~ I 4REA
PROPERTY L/NE '~ ',-~
8' tZASONRY
20'
DRA INACE k UT/L 1 FY EASEMENT TO
CITY OF SANTA ANA
18" - $0" STOR/~ DRAIN
~ lO' (POt~ONA TO EDINCER)
S~L~ 1"= 5'
EXHIBIT
TYPICAL SECT/ON THROUGH E'LY PROPERTY LINE
H: \GRPS\PDATA\ jj?58\DV~\EXHIE]tTS\DA£XHH~.DW~
uJ~
HIGH SCHOOL
EDINGER AVENUE (.~F~E~.y ED/XCER ~
PER TRACT NO. 2011, i~l./~. 5?'/44
I
I
~20' W/DE DRAINAGE
~ UTIL I TY EASEMENT
42
95' LANDSCAPE AREA
41
STANFORD STRE£T
35
POMONA STREET
~-20' WIDE DRAINAGE
UTIL l [Y EASE,~ENI'
1--1 ~4
I
I
SCALE: I" = 120'
(PAGE 2 OF 2)
DRAINAGE AND UT/LI'TY EASEMENTS
H: \GRpS\PDATA\337§B\DWG\EXHIBI?S\DAEXHH2. D~G
BERKELEY STREET
EXHIBIT
112
SCALE: 1" = 20'
?oB. Y/ I/2,
SECT/ON 2'4, TSS, ~IOY/,
S.£.k/.
F...H/. KOLL ALLOT/F/ENT
EDINGER A VENUE
PER. TRACT NO. 20~ ~, M.bL 57._/~4 __
~ AR~ TO BE DEDICA~D
~ POR. OF BAKER STREET (TO BE VACATED~
....................................
~/~L TA RADI~ LEITH
EXHIBIT T
EDINGER AVE. ' BAKER ST. DEDICATION
H:\GRP5\PDATA\33758\DWG\EXHIBITS\DAEXHI*DWG
113
SCALE: I" = 40' ~
i ~ :~.: ::. ',..^,, ,~. '........-= '~'"../" '
'~ ~/ ...... x~ ,+--x,, .~....; v"', . ~'.~ .......... -~ .......... ~'::'~ ......... · ........
~ ~ _,-- ..... ~ ,~,,, .,~,.~ ~ * ..................................................... ........ ...............
.:::.:::;::: ...... ~ ~;; ~:~.~ ........................................... :.'.'
L8 ' ::~.:~ ...~'<... ............................. ....... ':~z..~ ............................ · ........ . . .. '...~: :: .......
": ; EDINGER AVENUE
................................................. ~'~'~'~i6~'"~'"
...... 58.8 ....... ./~RO,,.~...~ ~:UR B, ~
i -
;::.::::: ................ I .[ .
.--.:
CORNER CUTOFF~ X
59.8 ...... :'
42'
EXIST.
PbR[
BAKER
(TO ~E
8.7
"- PROP.
R/W TO ~E A~ANDONED
R/W
i' !::':~'.'~ 'FRONTAGE ROAD .....
EXHIBIT
(PAGE 1 OF
ENTRANCE TO PARKING LOT ON EDINGER AVENUE
H: \GRPS\PDATA\33758\DY~'\~XHIBITS\DArXHJI'DWC'
MA TER DE12000
POI?. Iii I/2, 5W I/4, NW
SECT/ON 2d,
S.B.M.
~W. KOLL ALLOTMENT
~A~GO DE ~ANTA
~ '4J~4~ 842. 16'
II
116 . ,
fiRA / N
,~ CA T~-I R4S/N
8'
$C4LD I"=20'
20' W/DE
/
ORAINACE ANO UT/L/1'Y EASEl, tEN1'
,60° Fi/DE ~R4IN4[~. UTI£/TY AND
E.,~.EACY 4CCES$ EASEI~ENT
STOt~ D941N PIPE
LANOSCA?E AREA
- E'LY PROPER1,Y LINE
EX/ST/NC DR/VEJCAY
18'
18'
H: \CRPS\POATA\ 33758\DWO\£XHIGITS\DA~XHN.DWC'
EXHIBIT 'N:'
EMERGENCY ACCESS DETAIL
POMONA STREET
117
SCALE;
20' Fl/DE DRAINAGE A"AO uTILITY EASEl, lENT
60' FI/DE DRAINADE, UTILITY AND
EI~t~ENCY ACCESS EASEI~NT
8' I, IA$ONRY Fl~LL
EX/STING OR/YE#,4 Y
f STORI, I DRAIN PIPE
!
LAAOSC/PE AREA
' E 'L Y PROPERTY
EX/STING DR/VEFlA Y
~0'
36'
EXHIBIT
EMERGENCY ACCESS DETAIL
STAN~-ORD STREET
H: \GRPS\PDATA\ 3375B\DWG\EXHiBiTS\DAEXHO. DWC
SCALE:
5' W/DE LANDSCAPE AREA
20' J~IDE DRAINAGE
UTIL I TY EASEWENT
15' W/DE LANDSCAPE AREA
, PROP. R/W DEDICA T/ON
P/L
- P.~OPOSED DRIVEWAY
SIDEWALK DRA/N
SIDEWALK
UNDER SIDEW/LK DRAIN
EX/ST. CURB
BERKELEY STREET
PROP. STOP BAR AND SIGN
DEDICATION
EXHIBIT 'P'
DRAIN OUTLET TO B~RKF:LEY ,STREET
H: \GRPS\PDATA\ 33758\DWG\EXHIBITS\DA£XHP.DWr;
SCALE: I" = 20'
BASIN
WIDE LANDSCAPE
5TOR,~I DRAIN PIPE
20' WIDE DRAINACE AND
U?I L I TY E/ SEWEN[
LU
5' LANDSCAPEIAREA
8' t~IASONRY WALL ~ ~ ~
EXISF. SIDEWALK ~ ~
EXIST. CURB "---'---
--_X/ST. CURB
k GUTTER
EXHIBIT
FRONTAGE ROAD DETAIL
H: \GRPS\PDATA\ 33758\DWG\~XHIBITS\DA£XHO.D wu
120
6~9
OFFSlTE-Schedule A
Mater Del High School Offsite Improvements
City Project NO. '1616
Construction Cost Estimate
CITY oF SANTA ANA
Unit of Estimated Item Price Total
Item Item
No. Measure Quantity (in figures) (in figures)
STREET IMPROVEMENTS
I Clearing & Grubbing LS I $72,408 $72,408
2 Unclassified Excavation (Includes AC and PCC Pavement) CY 1,180 $35 $41,300
3 Construct Asphalt Concrete Pavement TON 578 $51 $29,478
4 Construct PCC Curb and Gutter LF 825 $16 $13,200
5 Construct 4" PCC Sidewalk SF 8,542 $8 $88,336
6 Construct Driveway Approach SF 420 $8 $3,380
7 Adjust Manhole to Grade EA 5 $339 $1,695
8 Adjust Valve Box and Cover to Grade EA 5 $198 $990
9 Signing, Striping, Marking LS 1 $5,650 $5,650
10 Baker @ Edinger Signal Modification LS 1 $129,950 $129,950
11 Landscape and Irrigation Repair LS I $2,825 $2,825
DRAINAGE IMPROVEMENTS
12 Construct 3.5' Curb Opening C.B. per CSA Std. 303 EA 2 $5,085 $10,17C
13 Construct 7.0' Curb Opening C.B. per CSA Std. 303 EA 1 $6,215 $6,215
14 Construct Parkway Culvert per APWA Std. 151-1 EA 2 $2,260 $4,52;
15 Construct C.B./Parkway Culvert per APWA Std. 314-2 EA $5,085 $5,0~
16 Construct 24" RCP LF 305 $90 $27,450
17 Construct 18" RCP LF 410 $79 $32,390
18 Construct 19"X30" Elliptical RCP LF 95 $136 $12,920
19 Construct Junction Chamber per CSA Std. 306 EA 2 $3,390 $6,780
20 Construct Transition Structure per APWA Std. 340-1 EA I $2,825 $2,825
21 Construct Concrete EncasementJUtility,PCC Bridge LF 150 $28 $4,200
Sub-Total $481,747
Contingency $68,253
Total Estimated Cost $550,000
EXHIBIT "R"
CONSTRUCTION COST ESTIMATE
I'OIV. I,V 1/2, SHI I/4, NW I/4
SECT/ON ~, 7'5S, t~IDW,
S.[I.M.
F.W. KOLL ALLOT/dENT
SANI'Z4GO DE ,SANI'A A/VA