HomeMy WebLinkAboutHUTTON DEVELOPMENT CO., INC.90-301096
Recording Requested By:
City of Santa Ana
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When Recorded Return to:
City of Santa Ana
20 Civic Center Plaza M-30
Santa Ana, CA 92701
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THE CITY OF SANTA ANA
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HUTTON DEVELOPMENT CO., INC.
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TABLE OF CONTENTS
Page
Section 1. Development of the Site .................. 5
A. General: Developer's Right to Develop;
City's Right to Regulate Development ........ 5
B. City Review of Developer's Plans and
Related Documents ........................... 9
C. Timing of Development 10
D. Permitted Uses .............................. 12
E. Utilities ................................... 12
F. Cost of Development ......................... 12
G. Other Governmental Agency and Utility
Company Permits ............................. 12
Section 2. Annual Review of Developer's Compliance
With Agreement; Default; Remedies;
Termination .............................. 13
A. Annual Review ............................... 13
B. Defaults --General 14
C. Enforced Delay; Extension of Times of
Performance ................................. 16
D. Legal Actions ............................... 16
E. Applicable Law 17
F. Inaction Not a Waiver of Default ............ 17
Section 3. General Provisions 17
A. Assignment .................................. 17
B. No Joint Venture or Partnership ............. 17
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7
C.
Covenants ...................................
17
D.-
Amendment of Agreement ......................
18
E.
Term ........................................
18
F.
Cooperation in the Event of
Legal Challenge .............................
18
G.
Enforceability of Agreement .................
21
H.
Severability................................
21
I.
Cooperation; Execution of Documents .........
21
J.
Notices .....................................
22
K.
Entire Agreement; Waivers ............ a......
23
L.
Effective Date ..............................
23
EXHIBIT "A" Legal Description of the Site
7/112/011409-0020/003
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DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into
by and between the CITY OF SANTA ANA, a municipal corporation
(hereinafter "City"), and HUTTON DEVELOPMENT CO., INC., a
California corporation (hereinafter "Developer"), pursuant to
the authority of Sections 65864 through 65869.5 of the
Government Code of the State of California (the "Development
Agreement Statute").
R E C I T A L S:
A. To strengthen the public planning process,
encourage private participation in comprehensive planning and
reduce the economic risk of development, the Legislature of
the State of California adopted the Development Agreement
Statute, which statute authorizes the City to enter into a
development agreement with any person having a legal or
equitable interest in real property for the purpose of
establishing certain development rights in the property which
is the subject of a development project application.
Pursuant.to the authorization set forth in California Govern-
ment Code Section 65864 et she ., the City has established
Procedures and Requirements for Consideration of Development
Agreements which were adopted by Resolution 82-98 of the City
Council of the City of Santa Ana.
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B. Pursuant to the California Community Redevelopment
Law (Part 1 (commencing with Section 33000) of Division 24 of
the California Health & Safety Code), the City Council of the
City has previously adopted its Ordinances Nos. 1173 and 1258
establishing a Redevelopment Plan for the City of Santa Ana
Community Redevelopment Project Area (the "Project Area").
The purpose of the Redevelopment Plan is to eliminate blight
and redevelop the Project Area. Pursuant to Section VI of
the Redevelopment Plan, the City is committed to aiding and
cooperating with the Community Redevelopment Agency of the
City of Santa Ana ("Agency") to carry out the Redevelopment_,.
Plan.
C. Developer has entered into a Disposition and
Development Agreement ("the DDA") with the Agency dated
QD
bkelt -*p 192:, which provides for Developer to acquire
certain real property owned by Agency in the Project Area
consisting of approximately 3.6 acres of land bounded on the
east by Flower Street, on the north by Santa Ana Boulevard on
the south by Third Street, and on the west by a dedicated
City alley, and more particularly described in Exhibit "A" to
this Agreement (the "Site"). By virtue of Developer's rights
under the DDA, Developer has an equitable interest in the
Site within the meaning of the Development Agreement Statute.
D. The purpose of this Agreement is to establish
Developer's vested rights to develop a commercial/office
project of between 150,000-315,000 square feet (excluding
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basement and penthouse areas) of building area plus attendant
parting, landscaping, driveways, and related improvements
(the "Project") on the Site in accordance with the City's
existing ordinances, regulations, rules, and official
policies, to assist in Agency's implementation of its
Redevelopment Plan, to provide high quality commercial office
facilities and employment opportunities for the citizens of
Santa Ana and the surrounding region, and to generate
substantial additional tax revenues to the City and Agency to
enable them to maintain and improve vital public services.
�a
E. On 2 4 , 1940k, the Planning and Building -
Agency of the City approved a development plan for the
Project, pursuant to Section 41-673 of the Santa Ana
Municipal Code (the "Site Plan"). The approved Site Plan
(DP #89-18) is a public record available for inspection and
copying at Santa Ana City Hall, 20 Civic Center Plaza, Santa
Ana, California, 92701.
F. Insofar as the California Environmental Quality Act
(Public Resources Sections 21000 et sec. (CEQA)) is
concerned, the City certified a Negative Declaration for the
Project on 14A& ago , 19-'. The City has fully
considered the Negative Declaration and the environmental
impacts of the Project prior to approving this Agreement.
G. On 24 19$10, the City Planning
Commission, the advisory agency for purposes of development
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agreement review pursuant to Government Code Section 65867,
held a -duly-noticed public hearing regarding this Agreement
and, at the -conclusion of the hearing, and after considering
the evidence and argument submitted by the City staff, the
Developer, and all interested parties, recommended that the
City Council approve this Agreement.
H. 4n IVI&Achf 20 _, 191?0, the City Council held a
duly -noticed public hearing regarding this Agreement and
considered the recommendation of the Planning Commission and
the evidence and argument submitted by the City staff,
Developer, and all interested parties.
I. Development of the Project on the Site in
accordance with this Agreement and the approved Site Plan is
in accordance with the policies and goals set forth in the
City's General Plan.
J. For the reasons recited herein, the City has
determined that the Project is a development for which a
Development Agreement is appropriate. This Agreement will
eliminate uncertainty in planning - for and secure the orderly
development of the Project, assure installation of necessary
public improvements, provide for public services appropriate
to development of the Project, ensure attainment of the
maximum effective utilization of resources within the City,
generate substantial revenues needed by City and Agency to
maintain and expand vital public services for the benefit of
all citizens of the City, and otherwise achieve the important
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IN
public goals and purposes for which the Development Agreement
Statute -was enacted. In exchange for these benefits to the
City, City- has determined that it is appropriate that
Developer receive the assurance that it may proceed with the
Project in accordance with the terms and conditions of this
Agreement and the City's ordinances, regulations, rules, and
official policies in effect as of the Effective Date of this
Agreement, except as expressly provided herein.
C O V E N A N T S•
Section 1. Development „of the Site.
A. General: Developer's Right to Develo • Cit 's Right
to Re ulate Develo ment.
(1) Developer shall have the right to proceed with
development of the Project on the Site in
accordance with the terms and conditions of
this Agreement, and City shall have the right
to regulate development of the Site in
accordance with the terms and conditions of
this Agreement. City warrants and represents
that the previously approved Site Plan
referenced in Recital E, the rezoning of the
Site to SD, the approval of an SD Plan, and a
tentative parcel map are the only
discretionary development plans or permits
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�1
which Developer is required to obtain from
City for the Project (excluding any
ministerial or administrative plans or permits
such as final building plans and permits,
final landscaping plans, public improvement
plans, grading plans and permits, public works
permits for work to be performed in the public
rights -of -way, and similar matters). By its
approval of this Agreement, the City Council
likewise approves the said Site Plan. Except
as otherwise provided in paragraphs (2) and-
(3) of this subsection A, the permitted uses
of the Site, the density and intensity of use,
the design, maximum height, bulk, and size of
proposed buildings, construction and building
standards, provisions for reservation or
dedication of land for public purposes, the
location and design of public improvements,
restrictions (if any) on development related
to traffic improvements and service,
restrictions (if any) on the timing, sequence,
and phasing of development, requirements (if
any) relating to the provision of police,
fire, flood control, emergency medical, and
other public services in connection with new
development, and all other terms and
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conditions of development applicable to the
Site shall be those set forth in this
Agreement, the SD Plan, the DDA, and the
approved Site Plan (as any of such documents
may be amended from time to time) and, to the
extent not superseded by the specific
provisions of this Agreement, the SD Plan, the
DDA, or the approved Site Plan, all applicable
City ordinances, regulations, rules, and
official policies in force as of the Effective
Date of this Agreement. Except as otherwise,,
expressly provided in this Agreement, any
amendment to any'City ordinances, regulations,
rules, or official policies after the
Effective Date of this Agreement relating to
any of such matters shall not be applicable to
the Site or the Project without Developer's
prior written consent.
(2) Any disapproval by City shall state in writing
the reasons for disapproval.
(3) This Section shall not preclude the
application to the Site or the Project of the
following: (1) changes in City ordinances,
regulations, rules, or policies, the terms of
which are specifically mandated and required
by changes in state or federal laws or
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regulations, as provided for in Government
Code Section 65869.5, (2) changes in the
Uniform Building Code, Uniform Plumbing Code,
Uniform Mechanical Code, National Electric
Code, and similar uniform codes, (3) laws
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, (4) procedureal rules, or (5)
taxes and assessments.
(4) The City may adopt new fees and charges and -
increase existing fees and charges and
Developer shall pay the applicable processing
and development fees and charges for land use
approvals, building permits, and other similar
permits and entitlements which are in force
and effect on a uniform city-wide or area -wide
basis at the time such Fees are due, subject
only to the limitation that the amount of any
fee or charge shall not exceed the reasonable
cost of providing the improvements or service
for which the fee or charge is imposed.
(5) Notwithstanding the foregoing, City recognizes
that Developer may request approval of plans
or permits which differ from the previously
approved Site Plan based upon refinements in
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planning or changes in. market or financial
feasibility between the Effective Date of this
Agreement and the time of actual development,
provided that such plans shall in all events
be consistent with the General Plan and zoning
requirements applicable to the Site as of the
Effective Date of this Agreement and the Scope
of Development (Attachment No. 4) to the DDA.
In such event, City agrees to act reasonably
in reviewing any such proposed change(s) based
upon legitimate land use planning concerns. -
Any disapproval by City shall state in writing
the reasons for disapproval.
B. City Review of Develo er's Plans and Related
Documents.
(1) City agrees to promptly commence and dili-
gently proceed to complete the review of all
of Developer's applications for development
and building permits and approvals which are
submitted to City by Developer. Except as
otherwise expressly provided in this
Agreement, the City's evaluation of such
matters shall be conducted in accordance with
City ordinances, regulations, rules, and
official policies in force as of the Effective
Date of this Agreement. During the
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preparation of all drawings, plans, and
related documents, the staffs of City and
Developer shall hold regular progress meetings
as needed to coordinate the preparation and
review of such items. The staffs of City and
Developer shall communicate and consult
informally as frequently as is necessary to
ensure that the formal submittal of any
documents to City can receive prompt and
speedy attention. Upon Developer's request
and payment of all City costs therefor, City —
may retain a contract plan checker or checkers
to enable City to expedite the processing and
review of final building plans and
construction drawings.
(2) If Developer desires to make any change in any
of the plans after their approval by City,
Developer shall submit the proposed change to
City for approval. The processing, review,
and approval of any such revised submittal
shall be subject to the same provisions as are
set forth above for the initial submittal.
C. Timing _of Development.
(1) Subject to Section 2.0 and the express
provisions set forth hereinbelow, Developer
shall commence and complete construction of
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the minimum required construction specified in
the Scope of Development (Attachment No. 4) to
the DDA within the times set forth in the
Schedule of Performance (Attachment No. 3) to
the. DDA, as the same may be amended or
extended from time to time.
(2) City acknowledges that the Project is and
shall be considered a single integrated
development project, and that economic
viability of each component of the Project is
and shall be dependent upon the Developer's -
right to complete and occupy each other
component and upon City's full performance of
its obligations under this Agreement.
(3) During the term of this Agreement, no
moratorium or other ordinance, regulation,
rule, or official policy of the City limiting
or conditioning the rate, timing, or
sequencing of development of the Site
(including, without limitation, any ordinance,
regulation, rule, or official policy of the
City which purports to limit or condition the
rate, timing, or sequencing of development
based on levels of service on roadways,
roadway capacities, capacities of drainage
facilities, capacity of sewer facilities,
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provision of emergency service, or similar
matters) shall apply to the Site.
D. Permitted Uses. After completion of construction
of each portion of the Project, Developer (and any successors
and assigns of Developer's interest in the Site or any
portion thereof) shall be entitled to use and occupy the Site
and such portion of the Project in accordance with the
approved Site Plan, as the same may be amended from time to
time, and otherwise in accordance with all ordinances,
regulations, rules, and official policies in effect as of the
Effective Date of this Agreement. -_
E. Utilities. City represents that all City -owned
utilities required for the development, maintenance, and
operation of the Project (including without limitation water,
sanitary sewer, and storm drain) are available at the
perimeter of the Site and that the capacities of such
utilities are, and at the time of the development
contemplated herein shall be, sufficient to adequately
service the construction, operation, and maintenance of the
Project.
F. Cost of Development. Developer shall be responsible
for all costs of developing the Project, excepting only those
costs which have been expressly assumed by Agency under the
DDA.
G.
Other
_.Governmental Agency
and
Utility
Company
Permits.
City
agrees to assist
Developer,
at no
cost
or
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expense to City (other than overhead and employee staff
time), in securing any and all permits (but not the payment
of fees) which may be required by any other governmental
agency or public utility company with jurisdiction over the
Project.
Section 2. Annual Review of Developer's Compliance With
Agreement; Default• Remedies• Termination.
A. Annual Review.
(1) During the term of this Agreement, City shall
have the right to annually review whether
Developer is proceeding in good faith to -
comply with this Agreement. Each such review
shall be conducted in accordance with
California Government Code Section 65865.1 and
Article 6 of the Procedures and Requirements
for Consideration of Development Agreements of
the City of Santa Ana.
(2) A failure of City to timely conduct a periodic
review pursuant to this Section 2.A shall not
in any manner constitute a default by City
hereunder or invalidate. this Agreement, nor
shall any such failure in any way constitute a
waiver by City of any default of Developer or
diminish, impede, or abrogate the rights and
privileges of either party or its successors
and assigns hereunder.
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B. Defaults --General.
(1) Subject to extensions of time by mutual
consent in writing or as set forth in Section
2.0 below, failure or delay by either party to
perform any term or provision of this
Agreement shall constitute a default under
this Agreement. In the event of an alleged
default or breach of any terms or conditions
of this Agreement, the party alleging such
default or breach shall give the other party
not less than thirty (30) days notice in
writing specifying the nature of the alleged
default and the manner in which said default
may be satisfactorily cured. During any such
30-day period, the party charged shall not be
considered in default. If the nature of the
default in question is such that it cannot
reasonably be cured within such 30-day period,
the commencement of the cure within such time
period and the diligent prosecution to
completion of the cure shall be deemed a cure
within such period.
(2) Subject to the foregoing, after notice and
expiration of the 30-day period without cure,
the non -defaulting party, at its option, may
institute legal proceedings pursuant to this
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Agreement and/or give notice of termination of
this Agreement.
(3) Evidence of default may also arise in the
course of a regularly scheduled periodic
review of this Agreement pursuant to
Government Code Section 65865.1, as described
in Section 2.A above. If City determines that
Developer is in default following the
completion of the normally scheduled periodic
review, City shall give Developer not less
than thirty (30) days' notice in writing -
specifying the nature of the alleged default
and the manner in which said default may be
satisfactorily cured. During any such 30-day
period, Developer shall not be considered in
default. If the nature of the default in
question is such that it cannot reasonably be
cured within such 30-day period, the
commencement of the cure within such time
period and the diligent prosecution to
completion of the cure shall be deemed a cure
within such period. If the default is not so
cured, City, at its option, may institute
legal proceedings pursuant to this Agreement
and/or give notice of intent to terminate this
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Agreement, as provided in the preceding
paragraph above.
C. Enforced Dela • Extension of Times of Performance.
In addition to specific provisions of this Agreement,
performance by either party hereunder shall not be deemed to
be in default, and all performance and other dates specified
in this Agreement shall be extended, where delays or defaults
are due to any causes beyond the reasonable control and
without the fault of the party claiming an extension of time
to perform. An extension of time for any such cause shall be
for the period of the enforced delay only and shall commence -
to run from the commencement of the cause; provided, however,
this paragraph shall apply only if the party claiming such
extension delivers notice of the cause to the other party
within thirty (30) days after commencement of the cause.
D. Legal Actions. In addition to any other rights or
remedies and subject to the restrictions in Paragraph A
above, either party may institute legal action to cure,
correct, or remedy any default, provided, however, neither
party shall be liable in damages to the other party for any
default under this Agreement. Such legal actions must be
instituted in the Superior Court of the County of Orange,
State of California, in an appropriate municipal court in
that county, or in the United States Court for the Central
District of California.
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E. Applicable Law. This Agreement shall be construed
in accordance with the laws of the State of California.
F. Inaction Not a Waiver of Default. Any failure or
delay by a party in asserting any of its rights and remedies
as to any default shall not operate as a waiver of any
default or of any such rights or remedies, or deprive such
party of its right to institute and maintain any actions or
proceedings which it may deem necessary to protect, assert,
or enforce any such rights or remedies.
Section 3. General Provisions.
A. Assignment. Prior to completion of construction of --
the Project, Developer shall have the right to assign its
rights and obligations under this Agreement and the Site only
to a person or entity to which Developer is permitted to
assign and has assigned its rights under the DDA.
B. No Joint Venture or Partnership. City and
Developer mutually deny any intention to form a joint venture
or partnership, and agree that nothing contained herein or in
any document executed in connection herewith shall be
construed as making City and Developer joint venturers or
partners.
C. Covenants. The provisions of this Agreement
shall constitute covenants which shall run with the land
comprising the Site, and the benefits and burdens hereof
shall bind and inure to all successors in interest to the
parties hereto. Within ten (10) days after the date that
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Developer acquires legal title to the Site pursuant to the
DDA, Developer shall so notify City, and City shall cause a
copy of this Agreement to be recorded against the Site in
accordance with Government Code Section 65868.5.
D. Amendment of Agreement. This Agreement may be
amended from time to time by mutual consent of City and
Developer in accordance with the provisions of Government
Code Sections 65867 and 65868 and pursuant to the procedures
set forth in Article 7 of the Procedures and Requirements for
Consideration of Development Agreements of the City of Santa
Ana.
E. Term.
(1) The term of this Agreement shall commence upon
the Effective Date and shall expire five (5)
years thereafter, unless sooner terminated as
provided in this Agreement.
(2) Upon the expiration or termination of this
Agreement for any reason as to the Site, the
City and Developer agree to cooperate and
execute any document reasonably requested by
the other party to remove this Agreement of
record.
F. Cooperation in the Event of Legal Challenge.
(1) In the event of any legal action instituted by
any third party challenging the validity or
enforceability of any provision of this
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Agreement, or any of City's approvals for the
Project or any other action by either party in
performing hereunder, as the same may be
amended from time to time, the parties hereby
agree to cooperate in defending said action as
set forth in this Section 3.F.
(2) City shall have the right, but not the obli-
gation, to defend any such action; provided,
that without Developer's prior written
consent, which consent shall not be
unreasonably withheld, City shall not allow
any default or judgment to be taken against it
(so long as Developer defends such action) and
shall not enter into any settlement or
compromise of any claim which has the effect,
directly or indirectly, of prohibiting,
preventing, delaying, or further conditioning
or impairing Developer's development, use, or
maintenance of any portion of the Site or
impairing any of Developer's rights hereunder.
In addition, City shall provide reasonable
assistance to Developer in defending any such
action, such assistance to include (i) making
available upon reasonable notice, and at no
cost to Developer, City officials and
employees who are or may be witnesses in such
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action, and (ii) provision of other
information within the custody or control of
.City that is relevant to the subject matter of
the action.
(3) Developer shall have the right, but not the
obligation, to defend any such action. In
this regard, Developer's right to defend shall
include the right to hire attorneys and
experts necessary to defend, the right to
process and settle reasonable claims, the
right to enter into reasonable settlement -
agreements and pay amounts as required by the
terms of such settlement agreements, and the
right to pay any judgments assessed against
Developer or City; provided the Developer
shall not settle or compromise any claim or
action filed against City without City's prior
consent. If Developer defends any such
action, as set forth above, it shall indemnify
and hold harmless City from and against any
claims, losses, liabilities, or damages
assessed or awarded against City by way of
judgment, settlement, or stipulation. if
Developer does not defend any such action as
set forth herein, Developer shall have no
responsibility for the payment of or defense
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of any claims, losses, liabilities, or damages
incurred by or filed against City.
G. Enforceability of Aareement. City and Developer
agree that unless this Agreement is amended or terminated
pursuant to the provisions of this Agreement, this Agreement
shall be enforceable by either party hereto notwithstanding
any change hereafter in any applicable General Plan,
Redevelopment Plan, Specific Plan, zoning ordinance,
subdivision ordinance, or any other land use or building
ordinance, resolution, regulation, rule, or policy adopted by
City. -
H. Severability. If any term, provision, covenant, or
condition of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the
remaining provisions of this Agreement shall continue in full
force and effect, unless the rights and obligations of the
parties have been materially altered or abridged by such
invalidation, voiding, or unenforceability.
I. Cooperation; Execution of Documents. Each party
shall execute and deliver to the other all such other further
instruments and documents as may be necessary 'to carry out
this Agreement in order to provide and secure to the other
party the full and complete enjoyment of its rights and
privileges hereunder. Not by way of limitation of the
foregoing, at the request of Developer or any holder of a
mortgage or deed of trust with respect to all or any portion
Pr
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of the Site, City shall timely execute and deliver to
Developer or such holder a written statement of City that no
default or breach exists (or would exist with the passage of
time, or giving of notice, or both) by Developer under this
Agreement if such be the case, and certifying as to whether
or not Developer has at the date of such certification
complied with any obligation of Developer hereunder as to
which such holder may inquire. The form of any estoppel
letter or certificate shall be prepared by Developer or the
holder of the mortgage or deed of trust and shall be at no
cost to City.
J. Notices. Any notice or communication hereunder
between City or Developer shall be in writing, and may be
given either personally or by registered or certified mail,
return receipt requested. If given by registered or certi-
fied mail, the same shall be deemed to have been given and
received on the first to occur of (i) actual receipt by any
of the addresses designated below as the party to whom
notices are to be sent, or (ii) three (3) days after a
registered or certified letter containing such notice,
properly addressed, with postage prepaid, is deposited in the
United States mail. If personally delivered, a notice shall
be deemed to have been given when delivered to the party to
whom it is addressed. Any party hereto may at any time, by
giving written notice to the other party hereto, designate
any other address in substitution of the address to which
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IPA
such notice or communication shall be given. Such notices or
communications shall be given to the parties at their
addresses set forth below:
If to City: City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 9'2701
Attn: City Manager
If to Developer: Hutton Development Co., Inc.
201 E. Sandpointe, Suite 300
Santa Ana, CA 92707-5750
Attn: Chris Felix
K. Entire Agreement; Waivers. This Agreement is
executed in two duplicate originals, each of which is deemed
to be an original. This Agreement consists of twenty-five
(25) pages and one (1) exhibit which constitute the entire
understanding and agreement of the parties. This Agreement
integrates all of the terms and conditions mentioned herein
or incidental hereto, and supersedes all negotiations or
previous agreements between the parties with respect to al-1
or any part of the subject matter hereof.
All waivers of the provisions of.this Agreement shall be
in writing and signed by the appropriate authorities of City
and Developer, and all amendments hereto must be in writing
and signed by the appropriate authorities of City and
Developer.
L. Effective Date. The Effective Date of this
Agreement shall be the date that the City ordinance adopting
this Agreement becomes effective, which date shall be thirty
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I/
(30) days after the City Council meeting at which such
ordinance is adopted.
ATTEST:
By:
City Clerk
Approved As To Form:
are -a.,
its: C.�t 1� �trney
7/112/011409-0020/003
CITY OF SANTA ANA, a
municipal corporation
By:
Its: Mayor
City WINg'K
HUTTON DEVELOPMENT CO., INC.,
a Califo�rnia corporation
By: �� AA'
Chris phet. J. Felix
Presix.t
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Stele of California
SS.
County of Oranges
M
On this - w„ day of , In the.
year before me , Clerk of the
or iV .), Deputy bark of the
Couno of the Cif of Santa Ana personalty appeared
}A(a' �, personally known to me (or
proved to me on the basis of satisf6ctory evidence)
to be the pgraon who exocurd this instrument i
of the City of Santa A66 and acknowledged to me
ow City of Santa Ana executed It,
State of California
SS. °
Hkll.
County of Orange
on thisZaL day of , in the,
year 4: 9Q , before me , Clerk of the
Cotmo I or_ . l!✓_ a 4 , N� ^. , Deputy Clerk of the
Council of the City of Santa Ana personally appeared
oI 6 !-/. Y04ZL6 , personalty known to me (or
proved to me on the basis of satisfactory evidoncal
to i!e the person who executed this instrument &
of the City of SaMa Ana and acknowledged to m
the City of Santa Ana executed It.
STATE OF CALIFORNIA }
} ss.
COUNTY OF ORANGE }
On this day of , 1990, before me, the
undersigned, a Notary Public in and for said State, person-
ally appeared , personally known to me
(or proved to me on the basis of satisfactory evidence) to be
the person who executed the within instrument as the Mayor of
the CITY OF SANTA ANA, the public entity therein named, and
acknowledged to me that such entity executed the within
instrument.
WITNESS my hand and official seal.
Notary Public
STATE OF CALIFORNIA )� s\ �r € !'
ss.
} r
COUNTY OF ORANGE }
:.�.,-._,-...�.._..:........_.-..-.....-mow__ _-_..
On this 2,3rd day of 1990, before me, the
undersigned, a Notary Public in anSV for said State, person-
ally appeared Christopher J. Felix, personally known to me
(or proved to me on the basis of satisfactory evidence) to be
the person who executed the within instrument as President of
HUTTON DEVELOPMENT CO., INC., the entity therein named, and
acknowledged to me that he executed the within instrument.
GOVERNMENT CODE 27361.7
I certify under penalty of penury that the notary seal on the document
to which this statement is attached reads as follows:
Name of 'Notary LO&T �JAzur- �,r/EL,(-pQIV(,
Date Commission Expires_ f,,�zy
County where bond is filed 0KJ&0-_f-! nuyry , C -
P1 ace of Execution �,�jVr/ f1�1/,$ _ Date/ D
F 0662-1