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Dale Helvig 2536 N. Valencia St. Santa Ana CA 92706 714-541-7254 helvig_denny@msn.com ORDINANCE NO. NS-2979 Page 11A-18: Term of Agreement is listed as four years. It should be 55 years. 2.4 t lJn the term of ihis Agrrcmatl shall commence on the date (the "COrID[tenCernent Date"I that is the Erfective D41e,4' lour (4) years t(dripocr. unless this terra is modified or extended pursuant to the provis;ons of ihis ALM11reil thereafter, the OWNER shall have no vcsicd right under this Agreemeni- regardless of uhelher of run OWNER has paid uny Irvrlolvnrru Impact o'er Page 11A-19 This penalty is not anywhere near enough to incentivize the applicant to complete the project on time, and the penalty amount will do little to help the City. A penalty at least half the development's projected annual income should be considered. This general fund money could be used to help the homeless or improve parks. Extending the construction process will further impact the residents of North Santa Ana due to dust, noise and construction traffic, especially those with property bordering the development. Why settle for less? This general fund money could be used to help the homeless or improve parks if it is collected, The City is potentially giving money away. 1W OWNFR shall pay to the City Fitly Thousand Dollars (S'4),0001 to partially compensate the City for the- significant lost revenue to be received by the City had the Project been completed. Page 11A-26: Why would the City give them a no bid $1.4 million contract? The applicant should contribute their $700,000 towards the project. There is no low end protection. (bl Santiago Park Improvemennl Construction. At the C'ity's dctcrrmttation. owns shall manage and cnratruct the Santiago Park Phase Il Park Improvements ("Park Improvements") subject to review and approval by the City, the Park Improvements shall mchide. but are not limited in design. engineering. Permitting, eniw!nrction. acsl installation of irrigation, landscaping, security lighting and bike trail "haisecment, as described in more detai. nn Exhibit G- The total expenditure for the Park Improvements shall not exceed Cync Million Four Hundred -rhousand Dollars (SI.400,000) ("Phase 11 Exponduurc`). •fhc State Coasial Conservancy has 11mirled the Coy that it has allocated up to Two Hundred Fifty Thotuand Dollars 0250,000) for the Design of the Park I mprovemcnrs, If and when the City receive; the funds, in the eveia that the Design waif: for the Park Improvements is less than Two Hundred Fitly Thousand Dollars (5250,1R)Oi, the City at its sole discretion, may make a request to State Cmslal Conservancy, and ;f approved bry ilic ,4geri y, the City will apply the excess grant funds to co"Mriletion as Pan of thcCity's contribution to the Park Improvements. Ownushallberesimnsibk for all Aspects of the Pork.Imprcwemmits; Prior nr issuarcl. of permi[s, C'iiy steal I have the nghU to mvirw, approve•, and accept the dcsien and mwertal qualoq of [he Park linpinvemews. Owner shall complete the Park Improvemems to a timely Gshion, by the earlier of 36 months following issuance by the City the first building permit for the construction of the Developm m, or prior to issuance of final approval of occupancy, for the Deveiopmem- Followiiqp cunrdefor::,: the Park lr :pruv'eluenCt. and no Ater than three %cars from the issuance of a nonce of acceptant u[ Park I mprovemew- City shall retimhurse 0wner an amount egtral10 fifty percent.(50%1 of the total cost of the Park improvements, up to Seven Hundred Thousand Dollars Page 2 of 8 . - 2019-12-03 Letter to City Councll.dom