The URL can be used to link to this page

Home My WebLink AboutC.J. SEGERSTROM & SONS-2014RECORDING REQUESTED BY: Clerk of the City Council City of Santa Ana MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M -30 P.O. Box 1988 Santa Ana, California, 92702 A- 2014 -058 Recorded In Official Records, Orange County Hu hN n, Clerk-Recorder I III I�II�IIIIIIIIIIIIIIIII IIIIIIIIIIIIII� NO FEE �� * $ R 0 0 0 6 5 4 8 8 0 7 8 2014000086643 2:38 pm 03106114 83 418 A17 10 0.00 0.00 0.00 0.00 27.00 0.00 0.00 0.00 This document is exempt from payment of a recording fee pursuant to Government Code Sections 27383 and 6103 ea• v= CO SECOND AMENDMENT TO DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA, a California municipal corporation, and C.J. SEGERSTROM & SONS, a California general partnership t� i i M mecorueo in urriciai mecorus, orange uounry Huh Nguen, Clerk - Recorder VIII Illiil��II��II��l��II�� I� I�IIII��IIII��il��Il�� II�� NO FEE *$ R 0 0 0 6 4 8 8 0 7$ 2014000086643 2;38 pm 03106114 63 416 A17 10 0.00 0.00 0.00 0.00 27.00 0.00 0.00 0.00 This document is exempt from payment of arecording fee pursuant to Government Code Sections 27383 and 6103 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA, a California municipal corporation, and C.J. SEGERSTROM & SONS, a California general partnership RECORDING REQUESTED BY: rw Cled(of the City Council ¢ City of Santa Ana WHEN RECORDED MAIL TO: Clerk of the Council v City of Santa Ana l 20 Civic Center Plaza M -30 P.O. Box 1988 Santa Ana, California, 92702 t� i i M mecorueo in urriciai mecorus, orange uounry Huh Nguen, Clerk - Recorder VIII Illiil��II��II��l��II�� I� I�IIII��IIII��il��Il�� II�� NO FEE *$ R 0 0 0 6 4 8 8 0 7$ 2014000086643 2;38 pm 03106114 63 416 A17 10 0.00 0.00 0.00 0.00 27.00 0.00 0.00 0.00 This document is exempt from payment of arecording fee pursuant to Government Code Sections 27383 and 6103 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA, a California municipal corporation, and C.J. SEGERSTROM & SONS, a California general partnership SECOND AMENDMENT TO DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ( "Second Amendment ") is made and entered into this a day of 1&o4n4 , 2014, by and between the CITY OF SANTA ANA ( "City "), a charter city and municipal corporation, and C.J. SEGERSTROM & SONS ( "Developer "), a California general partnership. City and Developer hereby agree as follows: A. 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 Developer in the development process. City enters into the Second Amendment pursuant to the provisions of the Government Code and applicable City policies. B. City and California Pacific Properties, a California General Partnership, previously entered into a Development Agreement dated October 15, 1990, recorded as Document No. 90- 625289 with the Recorder of the County of Orange ( "Development Agreement"). On February 23, 1995, a portion of the property covered by the Development Agreement was transferred to Developer by Grant Deed recorded as Document No. 95- 0099264 with the Recorder of the County of Orange. On June 20, 2005, the City and Developer entered into a First Amendment to Development Agreement ( "First Amendment"), recorded as Document No. 2005000625296 with the Recorder of the County of Orange, extending the term of the Development Agreement over Developer's portion of the property for ten (10) years from the date of execution of the Development Agreement. C. City and Developer again wish to amend the Development Agreement between the parties to extend the Development Agreement's term, which was originally fifteen (15) years, then twenty -five (25) years after adding ten (10) years with the First Amendment, by adding an additional ten (10) years, for a total of thirty -five (3 5) years from and after the date of execution of the Development Agreement, subject to express exceptions noted in the Development Agreement. D. The parties, hereto acknowledge the following: This Second Amendment is intended to assure adequate public facilities at the time of development. 2. This Second Amendment is intended to assure development in accordance with City's General Plan, applicable Specific Design Zoning and Capital Improvement Plan. This Second Amendment will permit achievement of goals and objectives as reflected in the City's General Plan and all applicable Specific Design Zoning. 4. Developer is required by existing City regulations to provide mitigation for certain impacts and pay certain regulatory fees as conditions of approvals through the regulatory process. 5. This Second Amendment will allow City to realize extraordinary and significant public infrastructure facilities and other supplemental benefits in addition to those available through the existing regulatory process. 6. Many of the extraordinary and significant benefits identified as consideration to City for entering into this Second Amendment represent benefits which would not otherwise be required as part of the development process. E. On November 25, 2013, 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 Developer's application for this Second Amendment, The Planning Commission recommended to the City Council of the City that it execute this Second Amendment, On December 16, 2013, the City Council of the City of Santa Ana ( "Council "), after providing notice as required by law, held a public hearing to consider the Developer's application for this Second Amendment. F. Property Affected by this Agreement. This Second Amendment pertains solely to the property as illustrated in Exhibit A -1 and Exhibit A -2 to this Second Amendment, which are incorporated herein by this reference as though fully set forth. G. Term. Section 4 of the Development Agreement is hereby amended to read, in its entirety, as follows: 4. Term. (a) The term ( "Term ") of this Development Agreement is thirty -five (35) years from the date of execution, subject to earlier termination as hereinafter provided. (b) Pursuant to Section 66452.6(a) of the California Subdivision Map Act, any tentative Subdivision Map approval for the Property shall also be extended for a period equal to the period this Agreement remains in effect. H. Effect of Second Amendment. Exhibit A -1 and Exhibit A -2 to this Second Amendment shall supersede and replace the prior Exhibit A -1 and Exhibit A -2 to the Development Agreement introduced in the First Amendment. Except as necessary to implement the intent of this Second Amendment, the Development Agreement shall remain in full force and effect. In the event of a conflict, tenns contained herein shall prevail over conflicting provisions of the Development Agreement. I. Effective Date Unchanged. The parties to this Second Amendment further agree that the effective date of the Development Agreement, set forth in paragraph 26 therein, is unaffected by this Second Amendment to the Development Agreement. 3 IN WITNESS WHEREOF, the parties have executed this Second Amendment the date and year first above written. ATTEST: MARIA D. HUIZAR Cleric of the Council APPROVED AS TO FORM: SONIA R. �ARVALHO City Atteroy ( n By: " Ryan .] Assistant CITY OF, §ANT NA DAVID CAVAZOS City Manager C.J. SEGERSTROM & SONS A California general partnership By: Henry T. Segerstrom Management LLC, a California limited liability company, Manager By: MXz ager OR By Alternate Manager AND By: HTS Management Co Inc., a Califor is cor ra'o , ` anager ,. Title: Sr. Vice President C 4+`ro N�5 4 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of Orange SS City of Santa Ana On this 5th day of March. 2014, before me, Maria D. Fluizar , Notary Public, personally appeared David Cavazos, City Manager who proved to me on the basis of satisfactory evidence to be th E3r 'Wpersons whose a- ib /namesGg /are subscribed to the within instrument and acknowledged to me that(&&the /they executed the same in ti 6h,arttheir authorized Ca_gQ - #capacities and that byCWher /their nat�D/signatures on the instrument the ers /persons, or the entity upon behalf of which the o?1/persons- 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 and official seal. ]� - - - - - MARIA HUIZAR 1 - Commission M 1974202 ' . Notary Public • California Signature of Notary > Orange County M Comm. Ea ires Apr 5 2016 CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING: ❑ Individual(s) ❑ Corporate ❑ Officers Titles) ❑ Partner(s) ❑ General Partner of a Limited ❑ Partnership ❑ Attorney -in -Fact ❑ Trustee (s) ❑ Subscribing Witness ❑ Guardian /Conservator ❑ Other: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: RE: C. J. SEGESTROM & SONS 3500 WEST LAKE CENTER DRIVE SANTA ANA CA TITLE OR TYPE OF DOCUMENT: SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF ss. On �%. /., /.t" ,before me,go' X I (Name And Title Of Officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(] whose name($) is/am subscribed to the within instrument and acknowledged to me that he/ y executed the same in his/ authorized capacity(i), and that by his /fir signature(s) on the instrument the person(, or the entity upon behalf of which the person($ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. +raw _1 ?'r WITNESS my hand and official seal. 7 OW AMS Ootnmle®iort # g000950 NOUN Prpl10,- 'CilOornia �.. onrroe Oouety M Comm. 111nilijan In 9AI 7 Signature Of Not OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian /Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title Or Type Of Document Number Of Pages Date Of Document Signer(s) Other Than Named Above CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF t ) ss. LG(vn��.i �i✓-c(n SG ) On r -61)11U anjj /Z I Z 6 (It before me, LG�cq v C L.. 11479 Name And Title Of Officer) personally appeared �L7ri�'� 0,61 r d s who proved to me on the basis of satisfactory evidence to be the persop(,<whose namP(s) Ore- subscribed to the within instrument and acknowledged to me that- he/athey executed the same in-hi,—&r/their authorized capacity ie5), and that by -Fii�FQ' their signature,(s)-on the instrument the person(s)-,or the entity upon behalf of which the perso�.sj'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tru&2 d l =rrect._ - _ - _ I LAME LINTON __P Commission 0 190093$ { i Notary Public - California Orange eM Comm. Expires Aug 22, 2014 WITNESS my hand and official seal. Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian /Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT �trfc-Aa `,�yr7l./lG�in Cn � .-/-o (ni2 ✓2(o l9men Z' c Title Or Type Of Document Number Of Pages Date Of Document Signer(s) Other Than Named Above CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF On personally appeared , before me, ss. (Name And Title Of Officer) who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian /Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title Or Type Of Document Number Of Pages Date Of Document Signer(s) Other Than Named Above AMENDMENT TO DA 90 °3 A D.J. SEGERSTROM.AND SONS 3500 WEST LAKE CENTER DRIVE IN ;t SEGERSIROM .. s� SD -68 PROPERTIES I.W. P L A N N I N G A N C 8 U I l I N G A G E N C Y EXHIBIT "A-1" �qc INDUSTRIAL INDUSTRIAL x w 1 If U S T JA l CHARI5FIELG f4 } J .,.. TRADE � CENTER- g{ry C DRIVE _ a 21 s F :; CHOQL a Q R ry r IN OFFICES S � PAflOTNQ t:, 1: i� _ 6 U.S. POSTAL t - Y OFFICE Q J S w a w U.3, POSTAL N p CENTER u 1 VACANT` SUNFLOWER AVENUE Clty of Coata. Mesa AMENDMENT TO DA 90 °3 A D.J. SEGERSTROM.AND SONS 3500 WEST LAKE CENTER DRIVE IN ;t SEGERSIROM .. s� SD -68 PROPERTIES I.W. P L A N N I N G A N C 8 U I l I N G A G E N C Y EXHIBIT "A-1" Exhibit "A -2 Legal Description All that certain real property located in the City of Santa Ana, County of Orange, State of California, and more particularly described as follows: Parcel A (Undeveloped Land): Parcel 1, in the City of Santa Ana, County of Orange, State of California, as per map filed in Book 321, pages 14 and 15 of Parcel Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. Also excepting therefrom that portion included within Tract No. 11420, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 492, pages 6 through 9 of Miscellaneous Maps, in the Office of the County Recorder of said County. Parcel B (Undeveloped Land): Lot 1 of Tract No. 11420, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 492, pages 6 through 9 of Miscellaneous Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. L Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. Parcel C (Undeveloped Land): Parcel 2 of Parcel Map No. 84 -876, in the City of Santa Ana, County of Orange, State of California, as per map filed in Book 196, pages 22, 23 and 24 of Parcel Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. J. Segerstrom, & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. Parcel D (Developed Land): Parcel 1 of Parcel Map No. 84 -876, in the City of Santa Ana, County of Orange, State of _ California, as shown on a map filed in Book 196, pages 22 to 24 inclusive of Parcel Maps, in the Office of the County Recorder of said County. Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface or within 500 feet thereof, as reserved by C. 7. Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. Parcel E (Private Street and Driveway) Lots A, B and C of Tract No. 11421, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 505, pages 20 to 22 inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said County.