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Home My WebLink AboutFIRST AMERICAN FINANCIAL CORPORATIONRecording Requested By And When Recorded Return To: City of Santa Ana Clerk of the Council 20 Civic Center Plaza, 8t" Fl. P.O. Box l# - Santa Ana, CA 92702 Attn: Clerk of the Council Rerorc4,d in L)Ffc,� " t, '11 Rec nrdq Gar-Y 0n)(1ville, Clerl�- ' - -'r Collf1ty of Oran e Recorder FEE 2001042951g 12 15pm 11-4 67 A17's 0-001 0.00 [Space Above For Recorder's Ust.] [Exempt Front Recording Fees per Gov. Code. 6103] AMENDMENT NO. I TO DEVELOPMENT AGREEMENT THIS AMENDMENT NO. I TO DEVELOPMENT AGREEMENT ("Amendment No. I") is made and entered into as of �uy� q —1 2001, by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing tinder the Constitution and laws of the State of California ("City"), and THE FIRST AMERICAN FINANCIAL CORPORATION, a California corporation, also known as The First American Corporation, a California corporation ("Owner"). RECITALS: A. Owner is the owner of fee title to that certain real property legally described in Exhibit "A" attached hereto and incorporated herein (the "Property"). B. Owner's predecessor -in -interest to the Property and the City entered into that certain Development Agreement, dated for reference purposes only as January 4, 1988, and recorded on June 2, 1988 as Instrument No. 88-260709 in the official records of Orange County, California ("Development Agreement"). The real property subject to the Development Agreement includes the Property. C. On June 5, 2000, the City and Owner entered into that certain unrecorded Amended and Restated Project Implementation Agreement, as the same may from time to time be amended, that defines and describes the rights and obligations of Owner as a successor -in - interest to, and under, the Development Agreement. D. Government Code Section 65868 provides that a development agreement may be amended in part by mutual consent of the parties to the agreement or their successors -in -interest. Owner and the City desire to amend the Development Agreement with respect to the Property and enter into this Amendment No. 1 for that purpose. 394/016555-0002 148875,02 aQ2/22/01 AMENDMENT.- NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Applicability of Amendment No, 1. This Amendment No. 1 shall apply only to the Property legally described in Exhibit "A" attached hereto and shall not be effective as to any other real property whether or not such other real property is included in the real property legally described in Exhibit "A" to the Development Agreement. 2. Amendment to Development Agreement. a. Section 4(a) of the Development Agreement is amended by extending the term of the Development Agreement as set forth in Section 4(a) to March 3, 2028. b. Section 4(c) of the Development Agreement is hereby deleted. All references in the Development Agreement to the Disposition and Development Agreement (also referred to in the Development Agreement as the "D.D.A."), as defined in Recital B to the Development Agreement, are hereby deleted. C. The parties hereto acknowledge that Section 4(e) of the Development Agreement applies to the Property only to the extent that Owner or its successor fails to perform its obligations under the Development Agreement as such obligations are allocated to Owner pursuant to the Amended and Restated Project Implementation Agreement. follows: d. Section S(d) of the Development Agreement is amended to read as (d) Fees Charges. The fees, charges, and exactions charged, from time to time, with respect to the real estate development projects on the Property, by the City or any agency, or district, board, commission, or entity of or controlled by the City, or any entity on which the members of the City Council sit as the governing board, or any joint powers authority in which the City is member or party, shall be only those fees, charges, and exactions in effect on April 9, 1998; provided, however, that the foregoing limitation on development fees, charges, and exactions shall not include building, planning, or engineering fees or like fees imposed to recover costs, including but not limited to costs associated with processing and review of applications, plans, specifications, etc. 3. Objectives of Owner; Objectives of City Conformity With General Plan; City Procedures; Recordation. Owner, in the absence of this Agreement, would face certain development risks and uncertainties which would deter and discourage Owner from further 3941016555-0002 148875.02 a02/22101 -2- development of the Property. Among the risks alleviated by this Amendment No. 1 are the uncertainties of long-term planning of an economically viable project or projects on the undeveloped portion of the Property. City, in accordance with the legislative findings set forth in Government Code Section 65864, similarly wishes to attain important public objectives by and through this Amendment No. 1, principally that with this Amendment No. 1 there is greater certainty of development of the undeveloped portions of the Property which will inure to the benefit of the City and its citizens through realization of increased tax revenues resulting from the further development of the Property. Pursuant to the authorization set forth in Government Code Section 64868 and the City's procedures for adopting and amending development agreements set forth in City Council Resolution 82-92, City has undertaken the necessary proceedings, has found and determined that this Amendment No. 1 is consistent with the City's General Plan and with the applicable specific plan, Specific Development Plan No. 43. On March 26, 2001, the City Planning Commission, after giving notice required by law, held a public hearing on this Amendment No. 1 and recommended that the City Council adopt an ordinance approving and adopting this Amendment No. 1. On April 16, 2001, the City Council of City, after giving notice required by law, held a public hearing on this Amendment No. 1 and on May 21, 2001 approved for first reading Ordinance No. NS-2467 approving and adopting this Amendment No. 1. On June 4, 2001, the City Council of City approved for second reading and adopted Ordinance No. NS-2467 approving and adopting this Amendment No. 1. Concurrent with its approval of first reading of Ordinance No. NS-2467, the City Council of City found and determined that Amendment No. 1 was statutorily exempt from the California Environmental Quality Act pursuant to Public Resources Code Section 21083.3. This Amendment shall be recorded in the official records of Orange County. 4. No Other Amendment. Except for the amendments to the Development Agreement set forth in this Amendment No. 1, the Development Agreement shall remain in full force and effect. [end — signature page follows] 394/016555-OOo2 148875.02 a02/22/01 -3- IN WITNESS WHEREOF, the parties hereto have entered into this Amendment No. I as of the date first above written. ATTEST: Patricia F. Healey Clerk of the Council FUNT'j"J"T'SN"I Joseph w.f letcher City Attorney THE FIRST AMERICAN FINANCIAL CORPORATION, a California corporation, also known as The First American Coiporati -on, a California corporation By: President By: Mark R Arnesen Secretary "CITY"" CITY OF SANTA ANA, a charter city and municipal corporation Miguel A. Pulido Mayor APPROVED AS TO CONTENT: 54" 1" David N. Ream ' I City Manager 394/016555-0002 148875.02 a02/22/01 4 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE On 2001, before me, Shelley Dyvig, Notary Public - personally appeared PARKER S. KENNEDY, 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 one 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 person(s) acted, executed the instrument. Witness my hand and official seal. G V�IG LEY DY A COMM. 01224551 j 4' )Tfffy WOMIA Notary Publi" WMW ORAMECOMM my C mmr XI"), Juno 25, M03 [SEAL] 394/016555-0002 148875.02 a02/22/01 5 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE On April 2 2001, before me, Shelley Dyvig, Notary Public_ personally appeared MARK R -- ARNESEN, 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 person(s) acted, executed the instrument. Witness my hand and official seal. 3HELLEY QVVIG �."'OMM. #1 MW 4 "Z4, 1, NMARYPUBM-M RmA FO Q - C B a Notary Public 'y� ... .. .. ... n M�y Conrn rM), Jim 25, 2M3 [SEAL] 394/016555-0002 148875.02 a02/22/01 -6- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On before i -ne, ;at) - wenl we /—p- Date Name and Title of Of (e.g, , "Jane Doe Not ry Public') personally appeared -'el C 1A f 5C2'1 )/OA- ��0-7 -, '4�4� Name(s) of S�ner(s) EILIZABE111 A,. DANG COMMIssion # 127MM atcuy Pubrc - Cardamia My Orange Counfy CAMn" - EAT-N 1`05 AU9 6.2M4 Y personally known to me F 1 proved to me on the basis of satisfactory evidence to be the person(s) whose narne(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 person(s) acted, executed the instrument. WITNESS my hand and official seal. s, Sigi ature of N Place M Aary Seal Above ly 41111`1,:�-- OPTIONAL Though the infoiniation below is not required by law, it may prove valuable to persons relyioy on the document and could prevent fraudulent removal and roatlachlnei it of this foon to another document. Desculption of Attached Document Title or Type of Document: Docurnent Date: Signer(s) Other Than Narned Above: Capaciity(ies) Claimed by Signer Signer's Name: Individual Corporate Officer — Title(s): Partner — Limited I General Attorney in Fact Trustee I Guardian or Conservator -1 Other: Signer Is Rej.-)resenting: C',) i9%) Nal Number of Pages: Prod. No. 5J07 Nn,,J,-, (;,all TOO-F,ee I-OCW-b7b-6827 I EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY ALL OF PARCEL MAP NO. 98-232 AS SHOWN ON A MAP FILED IN BOOK 313 PAGES 12 TO 17, INCLUSIVE OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. 394/016555-0002 148875.02 a02122/01