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HomeMy WebLinkAboutFIRST AMERICAN FINANCIAL CORPORATION (4)� h4"006` 6,5)(VVA Vf V,,,J) 5i - AMENDMENT NO. 2 TO PROJECT IMPLEMENTATION AGREEMENT THIS AMENDMENT NO. 2 TO PROJECT IMPLEMENTATION AGREEMENT ("Amendment No. 2") is made and entered into this e _ft J ,t day of - - -------- --- 1999 ("Effective Date") by and between the City of Santa An a charter city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California ("City") and THE FIRST AMERICAN FINANCIAL CORPORATION, a California corporation ("First American"). RECITALS A. City, First American, and MacArthur Place, LLC, a California limited liability company ("MacArthur Place") entered into that certain Project Implementation Agreement, dated as of April 6, 1998 ("Agreement"). First American succeeded the interest of MacArthur Place LLC under the Agreement. B. City and First American entered into Amendment No. I To Project Implementation Agreement on August 17, 1998 ("Amendment No. I"). All defined terms used in the Agreement and Amendment No. I are used in this Amendment No. 2 unless otherwise stated. C. City has determined that condition 2E of Attachment C to Amendment No. I requiring First American to provide a dual northbound right turn lane and right turn signal overlap would result in an offset intersection thereby creating a safety hazard. As a result, City and First American desire to amend the Agreement, as amended by Amendment No. 1, to delete the said condition of approval. AGREEMENT 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. Replacement of Attachment "C". Attachment "C" to the Amendment No. 1, titled "Off -Site Improvements" is hereby deleted and replaced with the new Exhibit "C," which is attached as an exhibit to this Amendment No. 2. 2. Counterparts. This Amendment may be executed in counterparts which, when bath of the parties hereto have signed this Amendment, shall constitute an original. Page 1 of 2 3. Effective Date. The Effective Date of' this Amendment, when both parties hereto have signed this Amendment No. 2, 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 No.2, 4. Agreement as Amended. Except as amended by Amendment No. I and Amendment No. 2, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into this Amendment No. 2 as of the Effective Date. CITY OF SANTA ANA, a charter city and municipal corporation Date: -2 — By: A�.. -� Id y or ATTEST: 2 Aj,)Pi'oved w, to CORNI;nt Yit Clerk APPROVED AS TO FORM: City Managc 01ty Attorney THE FIRST AMERICAN FINANCIAL CORPORATION, a California corporation Date: v 9 Byo — ------ Parker S. Ke nedy President EXHIBIT C LEVEL I - 810,000 square feet Cost Estimate Description of Improvements Developer• Other 1A2 Provide eastbound widening on MacArthur to form the 160,000 continuation of the number 3 eastbound lane, east of Hutton Center Drive directly into the southbound SR-55 on -ramp eliminating the current "pinch". I C Complete Columbine widening to four lanes including landscaped 340,000 median, street lights, sidewalk & parkway landscaping. IN* At southeast comer Main/MacArthur intersection, add a northbound right 200,000 turn lane. Right-of-way and construction costs are to be shared with Hutton Center Development. 2A1 & 2A2 Route the southbound SR-55 off -ramp, desiring to travel west 300,000 west on MacArthur Blvd. through an enlarged signalized inter- section rather than long the existing right -turn diagonal roadway. These improvements will require the addition of two lanes and the modification of the traffic signal. These improvements will require Caltrans approval. 2D Widen MacArthur Blvd. to add a third westbound lane between 400,000 the southbound SR-55 Freeway off -ramp and the full width improvement east of Imprerial Promendade. Resurface/reconstruct the westbound lanes on MacArthur Blvd. between Main Street and the southbound SR-55 off -ramp per the material report. This work must be coordinated with Caltrans and may need to be constructed in two phases. 1 L At SR-55 northbound off -ramp to Dyer add a third lane to off -ramp. 100,000 On -site improvements: 1,427,530 Cap First American Way with asphalt concrete between Imperial Promenade and existing terminus. Construct storm drain from Orange County Flood Control Channel to Columbine and between First American Way and Orange County Flood Control Channel; reactivate traffic signal at First American Way and Imperial Promenade including loops on west- bound approach, signal modification to provide northbound right turn overlap with westbound left turn and restriping; construct First American between existing terminus and Columbine and Majestic between Majestic East and First American Way". The construction of First American Way and Majestic shall inc➢ude four lanes, landscaped medians, street lights, sidewalks and parkway landscaping. SUBTOTAL 2,367,530 560,000 George/Fatco.xls LEVEL II - 240,000 square feet 1 K At Hallday/Dyer intersection, convert existing westbound right turn lane 200,000 to a third westbound through lane at intersection 1 H* At southwest corner Main/MacArthur intersection, add an eastbound 250,000 120,000 right -turn lane and modify traffic signal as needed SUBTOTAL .: 450,000 120,000 LEVEL III - 300,000 square feet 1J At intersection of Main and Dyer convert existing northbound right-tum lane to a through lane. 300,000 SUBTOTAL . . , , 300;000 LEVEL IV - 300,000 square feet 3A Construct Alton overpass at SR-55 and widen to four lanes between 12,000,000 Standard and Main Street. 3131 Widen Halladay to four lanes between Columbine and Alton. 7,500,000 3B2*** Install a traffic signal at Halladay and Alton 120,000 3.0 Widen Main Street to six lanes between Columbine and Warner. 1,700,000 3D Widen Dyer (southside) to provide three lanes between Halladay 2,100,000 and Main. *** Install traffic signals at the following impacted intersection when 360,000 warranted: Majestic Drive @ Imperial Promenade Majestic Drive @ Majestic East Columbine Drive @ Halladay Street SUBTOTAL 480,000 23,3001,000 TOTAL 3,297,530 24,280,000 * = Denotes fee in lieu of constructing improvement or not to exceed cost to do as agreed between Developer and City. ** = The extension of Majestic shall be improved with development of that portion of lot 2 of of LLA 98-001, bounded. by First American Way, Columbine and Majestic East. *** = Maximum contribution per intersection will be $120,000 George/Fatco.xls 0"Usnv& ALTON -- ---�—, MDUsrW, COLUMB(NH IN %J VACANT a J U ¢w O �20 oAs STAl. :;E a MACARTHUR BLVD. cAs z vAauv sTArroN a SfNa[f FAFIIl.Y zi UWA ER tI RESOENRAC ti F u $AA�G OFFICE C wa SANTAANA City Council Agenda Date PWA PuMloViorks Agency April 19, 1999 Title: Second Amendment to Project Implementation Agreement with the First American Financial Corporation at MacArthur Place EXHIBIT 'I 03525JLI ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO.87-1 FOR MACARTHUR PLACE Project Number; ER 99-029 March 31, 1999 I 036 Introduction The purpose of this document is to substantiate why a subsequent Environmental Impact Report (EIR) is not required for the proposed amendment to the Project Implementation Agreement with the First American Financial Corporation. It has been determined that this Addendum is sufficient and legally adequate to fulfill the CEQA documentation related to the request to amend the Project Implementation Agreement. _j Description of Project Chafe II. Project Location .and MacArthur Place is located in the southeast portion of the City of Santa Ana and is bounded by Columbine Avenue on the north, Main Street on the west, MacArthur Boulevard on the south, and the Costa Mesa Freeway (SR -SS) on the east. The First American. Financial Corporation project is a 40.7 acre proposed phased office/commercial complex located within the 66 acre MacArthur Place site, The First American Financial Corporation project is within die intensity limits analyzed in the MacArthur Place Program Enviromnental Impact Report, EIR No. 87-1, certified by the City of Santa Ana on December 7, 1987. Specifically, one of the original conditions of approval of the project (mitigation measure 2E) included providing a dual northbound right turn -lane on the northbound approach of Hutton Centre Drive at MacArthur Boulevard through the installation of signal loops, signal heads and restriping Hutton Centre Drive. After meeting with the developer to review their preliminary design, staff has determined the improvement would be an offset intersection, resulting in an unsafe condition. Because of the safety hazard, staff is recommending this mitigation measure to be deleted fxom the Project Implementation Agreement. No other changes are proposed. III. Reasons Why A Subsequent EIR Is Not Required According to the most recent CEQA Guidelines, Section 15162(a), a subsequent EIR is deemed appropriate when the following criteria are met: Substantial changes are proposed for the project that will involve new, significant environmental effects or substantially increase the severity of previously identified effects. The proposed amendment consists of an action that would remove a project improvement requirement of MacArthur Place. The original 2 1 037 2 5F traffic report identified that the Level of Service (LOS) for the Hutton Centre Drive/MacArthur Boulevard intersection is D (0.89) with the improvement implemented. The deletion of this mitigation requirement would result in a LOS E (0.96). The City of Santa Ana finds that although there is a reduction in the level of service, this is not a significant effect because the Circulation Element of the General Plan identifies that LOS E is acceptable in District Center areas such as MacArthur Place. This is not a substantial increase in the severity of the project impacts. • Substantial changes occur with respect to the circumstances under which the project is undertaken that involve new significant environmental effects or substantially increase the severity of previously identified ones. The proposed amendment will only delete one mitigation measure for traffic improvements. This action does not involve significant changes in the project circumstances. The end result of this change is that it will prevent this intersection from operating in an unsafe condition. + New information of substantial importance shows: - The project will have one or more significant effects not discussed in the previous EIR. The proposed amendment will not introduce any significant impacts to the environment. The City of Santa Ana General Plan Circulation Element allows for a LOS E in District Center areas such as MacArthur Place. Therefore, no new significant thresholds have been exceeded by this project change. - Significant effects previously examined will be substantially more severe than shown in the previous EIR. The proposed amendment will not result in an intensification of significant effects identified by EIR No. 87-1 because the Circulation Element allows for a LOS E in District Centers such as MacArthur Place. - Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt them. The proposed amendment will not make possible any mitigation measures or alternatives feasible that were previously found not to be feasible. F 3 03P Mitigation measures or alternatives that are considered different from those analyzed in the previous document would substantially reduce one or more significant effects, but the project proponents decline to adopt them. There are no mitigation measures or alternatives different than what was analyzed in E1R No. 87-1 that could be implemented to reduce any identified impact. IV. Conclusion The proposed amendment to the Project Implementation Agreement is considered to be only a minor technical change that can be sufficiently addressed by the preparation of this Addendum. It does not, in any way, change the intent or scope of the development project. The amendment will not change the significant impact conclusions established in EIR No. 87-1. There is no substantial evidence in light of the whole record that the amendment to the Project Implementation Agreement would have a significant effect on the environment. 032 sF ' 040.