HomeMy WebLinkAboutROMAN CATHOLIC BISHOP OF ORANGE (2)
A-2004-144
CONfORMED COpy
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza M-30
P.O. Box 1988
S?lJta Ana, California 92702
A-2004-144
Recorded in Official Recordst Orange County
Tom Dal~1 Clerk.Recorder
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AND WHEN RECORDED MAIL TO:
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GOVERNMENT CODE 9 6103
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND
THE ROMAN CATHOLIC BISHOP OF ORANGE
This Development Agreement (the "Agreement") is entered into between the City of Santa Ana, a
charter city (the "City"), and The Roman Catholic Bishop of Orange, a corporation sole ("Owner"). The
City and Owner shall be referred to jointly within this Agreement as the "Parties."
1. RECITALS. This Agreement refers to the following facts:
1.1. Statutory Authorization. The City is authorized pursuant to Government Code Sections
65864 through 65869.5 to enter into development agreements with persons having legal or
equitable interests in real property for the purpose of establishing certainty for both City and
Owner in the development process. The City enters into this Agreement pursuant to those
provisions of the Government Code and applicable City policies.
1.2. Owner. Owner has a legal or equitable interest in the real property located within the City
and described on Exhibit A to this Agreement (the "Property"). Owner desires to develop the
Property with a 99,000 square-foot, 2650-seat church facility to serve as a parish church and
Cathedral, a Bishop's residence, campanile (bell tower), halls, meeting rooms, day care and
preschool facilities, and offices, and an approximately 45,000 square foot undercroft
(collectively, the "Project"). The Project has received its needed entitlements from the City
as of the effective date of this Agreement (the "Effective Date"). The approved Site Plan for
the Property is attached as Exhibit B.
1.3. Purpose of Agreement. This Agreement is intended to assure that:
a. Owner has a reasonable time in which to complete the Project as approved by the City
as of the Effective Date.
b. The City will receive benefits for entering into this Agreement which exceed those which
the City could reasonably have required as conditions of approval to the Project.
c. By providing greater assurances for the completion of the Project, the attainment of
goals and objectives reflected in the City's General Plan, applicable Specific Plans, and
Specific Development District No.4 will be facilitated.
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1.4. Planning Commission - Council Hearings. On June 28, 2004, the Planning Commission
of the City ("Planning Commission"), after giving notice pursuant to Government Code
Sections 65090 and 65091, held a public hearing to consider the Owner's application for this
Agreement. The Planning Commission recommended to the City Council of City that it
execute this Agreement. On iJUL'l J1-:fi,. , 2004, the City Council of the City of Santa
Ana (the "City Council"), after providing notice as required by law, held a public hearing to
consider the Owner's application for this Agreement.
1.5. Council Findings. The City Council finds that this Agreement is consistent with the General
Plan, applicable Specific Plan(s) as well as all other applicable ordinances, plans, policies
and regulations of the City.
1.6. City Ordinance. On fiv&~ 'tIP , 2004, the City Council adopted Ordinance No. ~
~Sl approving this Agreement. The ordinance becomes effective on ~al.- ~
,
~.
2. DEFINITIONS. In the Agreement, unless the context otherwise requires:
2.1. "Agreement" refers to this Development Agreement and any lawful amendments or
modifications to this Development Agreement.
2.2. The "City" refers to City of Santa Ana, a charter city.
2.3. The "Effective Date" means the date on which the ordinance approving this Agreement
becomes effective.
2.4. The "Existing Approvals" means all site-specific permits, approvals, and other land use
entitlements which (1) have been approved and are effective on the Effective Date and (2)
pertain to the Property. Existing Approvals include, but are not limited to, Conditional Use
Permit No. 2002-16, Vesting Tentative Tract Map No. 02-03, and Site Plan Review No.
2002-06.
2.5. The "Existing Regulations" means all rules, regulations, ordinances, resolutions, official
policies, and other general enactments of the City which (1) are effective on a citywide basis
as of the Effective Date and (2) apply to the Property.
2.6. The "Project" means the construction of a a 99,000 square-foot, 2650-seat church facility to
serve as a parish church and Cathedral, a Bishop's residence, campanile (bell tower), halls,
meeting rooms, day care and preschool facilities, and offices, and an approximately 45,000
square foot undercroft. The Project also includes compliance with conditions of approval set
forth in the Existing Approvals and any project modifications which are permitted under the
Existing Approvals or are approved in the future by the City.
2.7. The "Property" means the real property described on Exhibit A and referred to in Exhibit B,
consisting of approximately 16.141 acres.
2.8. "Owner" means The Roman Catholic Bishop of Orange, a corporation sole, and his
successors and assigns.
2.9. "Public Art" refers to the single piece of public art discussed in Section 5.8 below and in
Exhibit C.
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2.10. "Public Art Program" means the conceptual program for the design and siting of the Public
Art as shown on Exhibit C. The Public Art Program sets forth the general description of the
location of the Public Art and is subject to refinement at the time of installation by mutual
agreement of the Owner and the City's Executive Director of Planning and Building.
2.11. The "Term" refers to the term of this Agreement as set forth in Section 4.2 below.
Additional defined terms pertaining to specific sections of the Agreement are denoted within
quotation marks and parentheses.
3. EXHIBITS. The following documents referred to in the Agreement are attached to this Agreement
and are identified as follows:
Exhibit Description Referred to in
Section
A Legal Description of the Property 1.2
B Site Plan 1.2
C Public Art Program 2.10,5.8
4. GENERAL PROVISIONS.
4.1. Property Subject to the Agreement. During the Term or until released pursuant to Section
8.4 below, no portion of the Property shall be released from this Agreement until Owner has
fully performed its obligations under this Agreement.
4.2. Term of Agreement. The term of this Agreement (the "Term") shall commence on the
effective date of City Ordinance No. /'IS - 2.(,S1 as set forth in Section 1.6 above. The
Term shall end on the 12th anniversary of the Effective Date unless the Agreement is
terminated or modified sooner as may be allowed by this Agreement. The Term may be
extended for three years by the Executive Director of Planning and Building if Owner has
provided to City notice of its intent to proceed with the Project within the extension period
and is in compliance with the terms of this Agreement.
4.3. Extension of Existing Approvals. All Existing Approvals shall be deemed extended for the
duration of the Term.
4.4. Assignment. Owner may transfer or assign the Property, in whole or in part, to any person
or entity (public or private) during the Term (an "Assignee"). Any transfer or assignment of
the rights under this Agreement (an "Assignment") shall include the assumption of the duties,
obligations, and liabilities arising from this Agreement with respect to the portions of the
Property assigned or transferred. The recordation of this Agreement shall serve as notice to
the Assignee of this requirement.
a. During the Term, any Assignee shall perform all of Owner's obligations under this
Agreement to the extent that those obligations pertain to the portion of the Property
assigned. All Assigns shall have the same rights, benefits, duties, obligations, and
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liabilities of Owner under this Agreement. If the Property is subdivided, any subdivided
parcel may be sold, mortgaged, hypothecated, assigned, or transferred to an Assignee
for development in accordance with this Agreement. Upon an Assignment, the
obligations of Owner and the Assignee shall be joint and several.
4.5. Amendment or Cancellation of Agreement. This Agreement may be amended from time
to time or cancelled by the mutual consent of the Parties, as provided by Government Code
Section 65868.
4.6. Enforcement. Notwithstanding Government Code Section 65865.4, this Agreement is
enforceable by either of the Parties, subject to the provisions of Section 7 below.
4.7. Hold Harmless. Owner agrees to and shall hold City, its officers, agents, employees,
consultants, special counsel, and representatives harmless from liability for construction-
related activities arising from the Project, including claims for personal injury and property
damage, which may arise from the direct or indirect operations of Owner or its contractors,
subcontractors, agents, employees, or other persons acting on their behalf with respect to
the Project (collectively, "Claims"). Owner agrees to pay all costs for the defense of the City
and its officers, agents, employees, consultants, special counsel, and representatives
against any such Claims. This hold harmless agreement shall not apply to Claims, or
portions of Claims, arising from the negligent or intentional acts of the City and its officers,
agents, employees, consultants, special counsel, and representatives. Owner further agrees
to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and
costs for special counsel to be selected by the City and agreeable to Owner, regarding any
action by a third party challenging the validity of this Agreement or of any of the Existing
Approvals. City may make all reasonable decisions with respect to its representation in any
legal proceeding, provided that Owner shall have no liability for the payment of any
settlement amount to which Owner has not agreed.
4.8. Binding Effect of Agreement. Subject to Section 4.4 above, the burdens of this Agreement
bind, and the benefits of the Agreement inure to, the Parties' successors in interest.
4.9. Relationship of the Parties. The contractual relationship between City and Owner arising
out of this Agreement is one of independent contractor and not agency. This Agreement
does not create any third party beneficiary rights.
4.10. Notices. Any notice, tender, demand, delivery, or other communication required by this
Agreement shall be in writing (collectively, "Notices"). Notices shall be deemed to be
properly given if delivered in person or mailed by first class or certified mail, postage prepaid,
or sent by telefacsimile or other telegraphic communication in the manner provided in this
Section. To be effective, Notices must be sent to the following persons:
a. If to City, to:
City Manager
City of Santa Ana
20 Civic Center Plaza M-31
P.O. Box 1988
Santa Ana, California 92702
Telefacsimile (714) 647-6954
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and,
City Attorney
City of Santa Ana
20 Civic Center Plaza M-29
P.O. Box 1988
Santa Ana, California 92702
Telefacsimile (714) 647-6515
b. If to Owner, to:
The Roman Catholic Bishop of Orange, a corporation sole
P.O. Box 14195
Orange, California 92863
Attn: Bishop Tod D. Brown
Telefacsimile: (714) 282-3029
and
Tim Paone
Manatt, Phelps & Phillips, LLP
695 Town Center Drive, Fourteenth Floor
Costa Mesa, California 92626
Telefacsimile (714) 371-2550
A Party may change its address by giving notice in writing to the other Party. Thereafter,
Notices shall be addressed and transmitted to the new address. If sent by mail, Notices
shall be effective or deemed to have been given three (3) days after deposit in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth
above. If sent by telefacsimile, Notices shall be effective or deemed to have been given
twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends and federal, state, county, and City holidays shall be excluded.
5. DEVELOPMENT OF THE PROPERTY.
5.1. Rules, Regulations and Policies. Except as expressly provided below, the rules,
regulations and official policies governing the permitted use(s) and density of the Property,
and the conditions which may be imposed on the Project, shall be those set forth in the
Existing Regulations, as further limited by the Existing Approvals.
5.2. Permitted Use, Density, and Intensity of Use; Rate and Amount of Growth.
Recognizing the California Supreme Court's decision in Pardee Construction Co. v. City of
Camarillo (1984) 37 Ca1.3d 465,208 Ca1.Rptr. 228, 690 P.2d 701, the Parties agree that
Owner shall have the right to develop the Project in such order and at such rate and at such
times as Owner deems appropriate in its own business judgment. Except as so provided,
the City's right to enact police power regulations on matters not covered by Section 5.1 of
this Agreement, including regulation of the rate and amount of growth, is not limited by this
provision.
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5.3. Design and Construction Standards and Specifications. The design and construction
standards and specifications for any construction within the Project, including the Public Art,
shall be those in effect at the time that application is made for building permits for that
construction.
5.4. Maximum Height and Size of Structure. The maximum height and size for all structures
shall be as provided in the Existing Approvals and the Existing Regulations.
5.5. Future Discretionary Approvals. Should Owner request new or modified discretionary
approvals for the development of the Property which do not alter the proposed density or
intensity or use of the Property, the City may apply rules, regulations, and policies which are
applicable to all property within the City and adopted after the Effective Date ("New
Regulations"), provided they do not alter the density or intensity or use of the Property or
limit the timeframe within which Owner may complete the Project. Such New Regulations
may include, but are not limited to, changes in the general plan, specific plans, zoning, and
subdivision or building regulations. Except as to matters of density, intensity, and use, this
Agreement shall not prevent the City from denying or conditionally approving any
subsequent Owner-initiated applications for land use entitlements based on such New
Regulations. In addition, this Agreement shall not prevent the City from the legitimate
exercise of its police power to protect the health, safety, and welfare of the public.
5.6. Processing Fees. Notwithstanding Section 5.1 above, the Project shall be subject to any
fees and charges intended to cover actual City costs directly associated with processing
development of the Property (collectively, "Processing Fees"). These Processing Fees may
include, but are not limited to, fees and charges for applications, processing, inspections,
plan review, plan processing, and/or environmental review. Only Processing Fees which
could validly be applied to other projects within the City may be applied to the Project.
Owner shall retain all fee exemptions or waivers to which it is otherwise entitled by law due
to its status as a religious organization.
5.7. Amendments or Additions to Citywide Fee Programs. This Agreement shall not preclude
the inclusion of and changes to fee programs, taxes whether special or general, or
assessments (collectively, "General Fees") adopted by the City after the Effective Date.
General Fees shall be applicable to the Project or the Property only if they (1) are standard
fees applicable to all development and property within the City (although actual fee rates
may vary within the City where bona fide Citywide fee zones have been established), (2) are
not applicable primarily or only to this Project, and (3) are not imposed to either (a) mitigate,
offset, or compensate for Project impacts which were analyzed in the Project's
environmental impact report or (b) duplicate any project design features, conditions of
approval, agreements, or mitigation measures contained in the Existing Approvals or this
Agreement. Owner shall retain all fee exemptions or waivers to which it is otherwise entitled
by law due to its status as a religious organization.
5.8. Work of Public Art. In consideration for the benefits set forth in this Agreement, Owner
shall include within the Project a work of Public Art (the "Public Art"). The Public Art shall
be designed, installed, and located in compliance with Exhibit C, subject also to the following
conditions:
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a. Final Design. Before the earlier of (1) issuance of the first building permit for the Project
and (2) the sixth anniversary of the Effective Date, Owner shall submit to the City the
final design of the Public Art.
b. Installation. Before the earlier of (1) the City's issuance of a Certificate of Use for the
main Cathedral building and (2) the twelfth anniversary of the Effective Date, Owner
shall install the Public Art. The latter date shall be extended to run concurrent with any
extension of the Term.
c. Failure to Meet Time Requirements. If Owner fails to meet either of the time
requirements set forth in Sections 5.8 a and b above, Owner shall pay the City $250,000
to be used by the City to acquire other public art for other locations within the City.
In either instance, Owner will not be considered in default under this Agreement.
d. Progress Reports. During the construction and/or installation of the Public Art, Owner
shall provide City with written reports on the progress of the construction when and as
reasonably requested by the City. The report shall be in such form and detail as may be
reasonably required by the City. The timeframes set forth above for final design and
installation of the Public Art may be modified at any time or times by mutual written
agreement of the Parties. Such revisions do not constitute amendments of this
Agreement requiring further notice and public hearing. Either the Planning Director or
the City Manager is authorized to sign such agreements on behalf of the City.
e. Responsibility For Costs of Work Of Public Art. Owner shall be responsible for all
costs associated with the design, construction, maintenance, and repair of the Public Art.
f. City to Receive Contract Documents. Owner shall furnish City, upon written request,
copies of contracts and supporting documents relating to the Public Art.
5.9. Moratoria. The Project shall be exempt from any moratorium adopted after the Effective
Date which would otherwise affect the construction, use, or density of the Property.
5.10. Conditions of Discretionary Approvals. Except as provided in Section 4.3 above, the
conditions of the Existing Approvals and any discretionary approval received through the
City's existing regulatory process shall be governed by the terms of those approvals. In no
event shall such conditions be affected by the termination, cancellation, rescission,
revocation, default, or expiration of this Agreement.
5.11. Compliance With Governmental Requirements. Except as expressly provided within this
Agreement, Owner shall carry out the design, construction, and operation of the Project in
substantial conformity with all applicable laws, ordinances, statutes, codes, rules,
regulations, orders, and decrees of the United States, the State of California, the County of
Orange, the City, or any other political subdivision in which the Property is located, and of
any other political subdivision, agency, or instrumentality exercising jurisdiction over the City,
the Owner or the Property, including all applicable federal, state, and local occupation, safety
and health laws, rules, regulations and standards, applicable state and labor standards, the
City zoning and development standards, City permits and approvals, building, plumbing,
mechanical and electrical codes, as they apply to the Property and the Project, and all other
provisions of the City and its Municipal Code (as they apply to the Property and the Project),
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and all applicable disabled and handicapped access requirements, including, without the
limitation, the Americans With Disability Act, 42 U.S.C. 9 12101 et seq., Government Code 9
4450 et seq., and the Unruh Civil Rights Act, Civil Code 9 51 et seq.
5.12. Site Plan Review. The final site plan and design for the Project shall be reviewed by the
Planning Commission (subject to appeal to the City Council) for compliance with this
Agreement and the Existing Approvals and Existing Regulations. The Project shall be
deemed in compliance with the currently approved site plan (Exhibit B) if all proposed
structures are located within the general parameters of the building envelopes shown on
Exhibit B. No further design or architectural review shall be required.
6. ANNUAL REVIEW.
6.1. City and Owner Responsibilities. City shall, at least every twelve (12) months during the
Term, review the extent of good faith substantial compliance by Owner with the terms of this
Agreement (the "Annual Review"). Pursuant to Government Code Section 65865.1, as
amended, Owner shall have the duty to demonstrate by substantial evidence its good faith
compliance with the terms of the Agreement at the Annual Review.
6.2. Review Letter. If Owner is found to be in compliance with the Agreement after the Annual
Review, City shall, upon written request by Owner, issue to Owner a Review Letter in
recordable form stating that, based upon information known or made known to the City
Council, the City Planning Commission and/or the City Planning Director, the Agreement
remains in effect and Owner is not in default. Owner may record the Letter in the Official
Records of the County of Orange.
6.3. Non-Compliance. If, after the City conducts the Annual Review, City finds that Owner is not
in good faith compliance under this Agreement, City shall provide Owner with a notice
specifically stating the basis of the default and invoking the procedures set forth in Section
7.3 below.
6.4. Failure of Periodic Review. City's failure to review at least annually Owner's compliance
with the terms and conditions of this Agreement shall not constitute or be asserted by any
party as a breach of the Agreement by Owner or City.
7. DEFAULT.
7.1. Events of Default. Owner is in default under this Agreement (an "Owner Default") if:
a. Upon completion of the Annual Review, the City finds that there is substantial evidence
that Owner is not in good faith compliance with one or more of the terms or conditions of
this Agreement; or
b. Owner's development of the Project is not in compliance with the Existing Approvals.
7.2. City Default. The City is in default under this Agreement if it fails to perform any act
required of it under this Agreement (a "City Default").
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7.3. Procedure upon Owner Default.
a. Upon the occurrence of an Owner Default, City shall give Owner written notice specifying
the nature of the alleged Owner Default, the manner in which the Owner Default may be
satisfactorily cured, and a reasonable time in which the Owner Default may feasibly be
cured (the "Cure Period"). The City shall schedule a hearing before the City Council
within 20 days after the end of the Cure Period (the "Default Hearing") at which Owner
may either challenge the finding of an Owner Default, demonstrate that the cure is
complete, and/or demonstrate good faith effort toward cure and request reasonable
additional time in which to complete the cure (which request shall not be denied by the
City).
b. If the City Council finds, on the basis of substantial evidence, that the Owner Default has
not been and cannot be cured in a reasonable manner, City may terminate this
Agreement.
c. Non-performance shall not be excused because of a failure of a third person.
d. An express written repudiation, refusal, or renunciation of this Agreement, signed by the
Owner, shall be sufficient to terminate this Agreement without a hearing.
e. Except as expressly provided within this Agreement, adoption of a law or other
governmental activity making performance by Owner less profitable or more difficult
does not excuse Owner's performance of its obligations under this Agreement.
7.4. Procedure Upon City Default. Upon a City Default, Owner shall have all remedies at law or
in equity which are not inconsistent with this Agreement.
7.5. Limitation on Remedies. In no event shall either of the Parties be liable for monetary
damages or any costs or attorney's fees resulting from any dispute, controversy, action or
inaction, or any legal proceeding arising out of this Agreement.
7.6. Institution of Legal Action. In addition to any other rights or remedies, either Party may
institute legal action to cure, correct, or remedy any default or breach, to specifically enforce
any covenants or agreements set forth in the Agreement, or to enjoin any threatened or
attempted violation of the Agreement; or to obtain any remedies consistent with the purpose
of the Agreement. Legal actions shall be instituted in the Superior Court of the County of
Orange, State of California, or in the Federal District Court in the Central District of
California, Southern Division.
8. ENCUMBRANCES AND RELEASES ON PROPERTY.
8.1. Discretion to Encumber. Owner shall have the complete and sole discretion to encumber
all or any portion of the Property or any improvement on the Property by any mortgage, deed
of trust, or other security device securing financing with respect to the Property or its
improvement.
8.2. Entitlement to Written Notice of Default. The mortgagee of a mortgage or beneficiary of a
deed of trust encumbering the all or any part of the Property, as well as their successors and
assigns (collectively, "Mortgagees"), shall, upon written request to City, be entitled to receive
from City written notification of any Owner Default at the same time at which Owner receives
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such notice. Additionally, Mortgagees requesting notification shall be given notice of any
failure to cure an Owner Default and any action by the City to terminate this Agreement for
any reason. Mortgagees shall have the right to cure any Owner Default prior to the actual
termination of this Agreement by City.
8.3. Mortgagee Protection. This Agreement shall neither limit nor interfere with the liens of
Mortgagees who have acted in good faith and for value.
8.4. Releases. Upon written request of Owner at any time or times, City shall execute and
deliver to Owner appropriate release(s) of further obligations under this Agreement. These
releases may be for some or all of the Property, but are required only if, with respect to the
portion of the Property for which the release is requested, (1) there is not an uncured Owner
Default and (2) all Processing Fees due and payable at the time of the requested release
have been paid to the City. The releases shall be acceptable to the Orange County
Recorder in form and substance.
9. MISCELLANEOUS PROVISIONS.
9.1. Interest of Owner. Owner represents that it has an equitable and legal interest in the
Property. Owner further represents that it has approved this Agreement and the person
signing this Agreement is authorized to do so.
9.2. Rules of Construction. The singular includes the plural; the masculine gender includes the
feminine; "shall" is mandatory; "may" is permissive.
9.3. Entire Agreement, Waivers and Amendments. This Agreement constitutes the entire
understanding and agreement of the Parties with respect to the matters set forth in this
Agreement. This Agreement supersedes all negotiation or previous agreements between
the Parties regarding the subject matter of this Agreement. Any waiver of any provision of
this Agreement must be in writing and signed by the appropriate authorities of City or of
Owner. All amendments to this Agreement must be in writing signed by the appropriate
authorities of City and Owner, in a form suitable for recording in the Official Records of
Orange County, California. The City shall have the ministerial obligation to record a copy of
this Agreement in the Official Records of Orange County, California, within ten (10) days
after the Effective Date. When performance of this Agreement has been completed by both
Parties, or the Agreement has been terminated in the manner provided within the
Agreement, the Parties shall sign a Certificate of Completion acknowledging such
occurrence and record it in the Official Records of Orange County, California.
9.4. Project as a Private Undertaking. The Parties acknowledge that: (a) the Project is a
private development for purposes of Government Code Section 65864 et seq.; (b) City has
no interest in or responsibilities for or duty to third parties concerning any improvements to
the Property or in connection with the Project; and (c) Owner shall have the full power and
exclusive control of the Property subject to the obligations of Owner set forth in this
Agreement.
9.5. Incorporation of Recitals. The Recitals set forth in Section 1 of this Agreement are part of
this Agreement.
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9.6. Captions. The captions of this Agreement are for convenience and reference only, and
shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation,
construction, or meaning of any of the provisions of this Agreement.
9.7. Consent. Where the consent or approval of a Party is required by or necessary under this
Agreement, the consent or approval shall not be unreasonably withheld.
9.8. Covenant of Cooperation. The Parties shall cooperate with each other, deal with each
other in good faith, and assist each other in the performance of this Agreement.
9.9. Time of Essence. Time is of the essence for each provision of this Agreement of which
time is an element.
9.10. Conflicts of Law. If either (1) state or federal laws or regulations enacted after the Effective
Date or (2) the action or inaction of any governmental agency other than the City prevents or
precludes compliance with one or more provisions of this Agreement or requires changes in
plans, maps, or permits approved by the City, then, before this Agreement may be
terminated, the Parties shall meet and confer in good faith in a reasonable attempt to modify
this Agreement to allow the Project to be completed and the City to receive the contemplated
public benefits. Any modification to or termination of the Agreement arising from such
circumstances shall follow a hearing before the City Council in the manner prescribed within
this Agreement for amendment or termination.
9.11. Recording. The City Clerk shall cause a copy of this Agreement to be recorded with the
Office of the County Recorder of Orange County, California, within ten (10) days after the
Effective Date.
This Agreement has been executed by the City of Santa Ana, acting by and through its Mayor,
pursuant to Ordinance No. NS- ~ ,authorizing such execution, and by Tod D. Brown, the
Roman Catholic Bishop of Orange, a corporation sole.
Dated this _ day of
,2004.
::E CITU:PJ2---
DAVID N. REAM
City Manager
Date:
Date: i" ~ J,. S ~ O~
-~--------------
THE ROMAN CATHOLIC BISHOP OF
ORANGE, a corporation sole
By L;J ~~
BISHOP"foD D. BROWN
By
11
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this day of , 2004, before me, , a Notary Public in
and for said state, personally appeared personally known to me (or proved to me on the basis of
satisfactory evidence) to be the Mayor of THE CITY OF SANTA ANA, the charter city that executed
the within instrument, known to me to be the person who executed the within instrument on behalf of
the municipal corporation therein named, and acknowledged to me that such municipal corporation
executed the within instrument pursuant to its bylaws or a resolution of its City Council.
WITNESS my hand and official seal.
NOTARY PUBLIC
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE ) l
On this dj-J;,.y o~, 2004, before me, ~ ~ M- ,a Notary Public in
and for said state, personally app I.ared Tod D. Brown, personal. knO\,y-n to me ~er J)roved to me on-
the basis of 3atiGf;]cte-r:y-e.v.~Q.@r:lGe} to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and that
by his signature on the instrument the entity upon behalf of which he acted executed the instrument.
WITNESS my hand and official,se~ . . .f /7
~~L0~r
NcrtARY PUBLIC
~.:..~dIL...-. __
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J2: l.'f, Notary Public - California ~
Orange County -
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6/24/04
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California } SS
County of Orange
City of Santa Ana
On this 25th day of Auqust 2010, before me, Maria R. Huizar, Notary Public,
personally appeared David N. Ream who proved to me on the basis of satisfactory
evidence to be the~/peFSeftS whos~ r@!D:e/names <ii/aFe'subscribed to the within
instrument and acknowledged to me that~1sheLtRey executed the same in tliS7herft11eir
authorized ~pa6!iY1capapities and that by '1!1ISlherltlieir slgnatW-:e/signatttres- on the
instrument t~~J1/peIS{}AS, or the entity upon behalf of WfiTCh the @n/perseRs
acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing is true and correct. Witness my hand and
official seal.
NOTARY SEAL
Witness my hand ~nd official seal.
&JaVl~ k ./l-Vf /SiLi
Signature of r<iotary J
CAPACITY CLAIMED BY SIGNER:
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SIGNER IS REPRESENTING:
Individual(s)
Corporate
Officers
Title(s)
Partner(s)
General Partner of a Limited
Partnership
Attorney-in-Fact
Trustee (s)
Subscribing Witness
GuardianfConservator
Other:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW:
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TITLE OR TYPE OF DOCUMENT:
,.:;
DATE OF DOCUMENT:
NUMBER OF PAGES:
SIGNER (S) OTHER THAN NAMED ABOVE:
EXHIBIT A
Property Legal Description
All THAT CERTAIN lAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE,
CITY OF SANTA ANA, DESCRIBED AS FOllOWS:
Parcel 2 per lot Line Adjustment No. 2002-01 in the City of Santa Ana recorded on April 16, 2002 as
Instrument No. 2002-0317856 in the Office of the County Recorder of Orange County, California.
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EXHIBIT B
Site Plan
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PLANT! NG LEGEND
TREES
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Approved
Areas for
PublicArt
2001 WEST MACARTlillR BOULEVARD, SANTA ANA, CALIFORNIA ROMAt'o: CATliOLlC DIOCESE OF ORANGE COUNTY
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CONCEPTUAL PLANTING PLAN
CHRIST OUR SAVIOR CATHEDRAL PARISH
MACARTHUR BOULEVARD
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Architecture and Planning
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EXHIBIT C
Public Art Program
1. The Public Art shall be comprised of a single art piece to be placed at the general location
identified on Exhibit B to this Agreement. The final location will be shown on the site plan for the
Project and may include, at Owner's option, the area within the internal plaza of the Project. This
location may be further modified at the time of installation by agreement of the Owner and the
City's Executive Director of Planning and Building, provided that it is within the general location
identified on Exhibit B.
2. The Public Art shall be valued at no less than $250,000 (the "Art Cost"). While Owner may elect
to expend more than $250,000 for the Art Cost, Owner shall not be required to spend more than
$250,000.
3. The Public Art should reflect or interpret the culture or history of the community and/or capture or
reinforce the unique character of the new place.
4. The Public Art should be sited to complement features such as plaza or architectural components
so that the art is an integral part of the development site.
5. The Public Art should be constructed using durable materials and finishes, including, but not
limited to, stone or metal.
6. The Public Art may not include advertising of any type, including, but not limited to, products,
services, or businesses.
7. The Public Art shall be properly maintained at all times, be free of graffiti, and shall not
incorporate any flashing or distracting form of illumination.
8. The Public Art shall remain on the Property and may not be removed without the approval of the
Planning Commission.
9. The following expenses may not be included within the Art Cost:
a) Expenses to locate the artist (e.g., airfare for artist interviews, etc.).
b) Architect and Landscape Architect fees.
c) Landscaping around a sculpture that is not included as part of the artist's sculpture furnishings,
including, but not limited to, functional structures, prefabricated water or electrical features not
created by the artist, and ornamental enhancements.
d) Utility fees associated with activating electronic or water generated artwork.
e) Lighting elements not integral to the illumination of the art piece.
f) Publicity, public relations, photographs, educational materials, business letterhead or logos
bearing artwork image.
g) Dedication ceremonies, including sculpture unveilings or grand openings.
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