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NS-2260 - Approving a Development Agreement Between the City of Santa Ana and the Diocese of Orange Education and Welfare Corporation, Pertaining to Said Property
O01 ORDINANCE NO. NS- 2260 AN ORDINANCE OF THE CITY OF SANTA ANA REZONING CERTAIN PROPERTY LOCATED AT THE SOUTHEAST CORNER OF BRISTOL STREET AND EDINGER AVENUE FROM THE Cl (COMMUNITY COMMERCIAL), C5 (ARTE- RIAL COMMERCIAL), R2-B (TWO-FAMILY RESIDENCE- PARKING MODIFICATION), AND P (PROFESSIONAL) DISTRICTS TO THE O (OPEN SPACE) DISTRICT, AND APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION, PERTAINING TO SAID PROPERTY WHEREAS, Amendment Application No. 95-2 has been filed with the City of Santa Ana by the Diocese of Orange Education and Welfare Corporation, to change the zoning district designation of certain real property located generally at the southeast corner of Bristol Street and Edinger Avenue in the City of Santa Ana, and more specifically delineated in Exhibit 1, attached hereto and incorporated herein by reference, from the C1 (Community Commer- cial), C5 (Arterial Commercial), R2-B (Two-Family Residence-Parking Modification), and P (Professional) districts to the O (Open Space) district; and WHEREAS, the applicant Diocese of Orange Education and Welfare Corporation has requested the approval of a Development Agreement with the city of Santa Ana in the form set forth in Exhibit 2, attached hereto and incorporated herein, in accordance with sections 65864-65869.5 of the Government Code of the State of California; and WHEREAS, the Planning Commission of the City of Santa Ana held a duly noticed public hearing on July 10, 1995, on the said Amendment Application and Development Agreement, and, based thereon, has determined that the development as proposed therein is consistent with the general plan of the city of Santa Ana, and has recommended that the city Council approve the Amendment Application and Development.Agreement; and WHEREAS, this Council, prior to taking action on this ordinance, has held a duly noticed.public hearing, on the said Amendment Application and Development Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: 1. The O (Open Space) district designation, as proposed in Amendment Application No. 95-2, and the Development Agreement are 003 hereby found and determined to be consistent with the general plan of the city of Santa Aha and otherwise justified by the public necessity, convenience and general welfare; 2. Those parcels of real property located generally at the southeast corner of Bristol Street and Edinger Avenue and more specifically delineated in Exhibit 1~ attached hereto and incorpo- rated herein, are hereby reclassified from the Cl (Community Commercial), C5 (Arterial Commercial), R2-B (Two-Family Residence- Parking Modification), and P (Professional) districts to the O (Open Space) district. Amended Sectional District Map number 24-5- 10 showing the said changes in use district designations is hereby approved. 4. That certain Development Agreement between the City of Santa Ana and the Diocese of Orange Education and Welfare Corpora- tion, in the form set forth in Exhibit 2, attached hereto and incorporated herein, is hereby approved, and the Mayor is autho- rized to execute said Agreement on behalf of the City of Santa Ana following its execution by the Diocese of Orange Education and Welfare Corporation, and the Clerk of the Council to attest to the same. 5. The Clerk of the Council is directed to cause a copy of the said Development Agreement to be recorded in the official records of Orange County, California, within ten days following its effective date. As use herein effective date means the date thirty days after the date of adoption of this ordinance. ADOPTED this 21st ATTEST: .r Ce c. k of the Council~ / day of Auqust , 1995. COUNCILMEMBERS: Pulido AVe Richardson Aye Espinoza Aye Lutz _~ McGuigan Aye Mills Ay~ Moreno Aye APPROVED AS TO FORM: Edward ~. C~oo~ City Attorney 2 004 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance N$-,,z.a of Santa Ana on with the Charter of the City of Santa Ana. to be the original ordinance adopted by the City Council of the City ; and that said ordinance was published in accordance Clerk of the Cod~ncil City of Santa Ana 0O5 RE~AIL SP-I EDINGER AVENUE C-4 C-5 0 ST. ANDREW PLACE AA 95-02 DA 95-01/GPA 95-04 DIOCESE OF ORANGE MATER DEl MASTERPLAN 1202 WEST EDINGER AVENUE EXHIBIT I OOl RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 ReCorded tn the County ot Orange, Calt¢ornta Gary L. Granville, Clerk/Recorder Illllllll l i l l lllllllll llllll lll1124,ee 1995e419668 1:141 09/26/95 eeo 120e0674 12 24 R12 40 7.ce 117.ee e,ee e.ee e.ee e.ee DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Development Agreement") is made and entered into this 21st day of Auqust , 1995, by and between the CITY OF SANTA ANA, a municipal corporation organized and existing under the laws of the State of california (the "city"), and the DIOCESE OF ORANGE EDUCATION AND WELFARE_~ CORPORATION, a California nonprofit corporation ("Developer")~0W~ RECITALS: A. California Government Code Sections 65864 et seq. provide that the legislative body of a city may enter into a development agreement for the development of real property in order to vest certain rights in the developer and to meet certain public purposes of the local government. Pursuant to California Government Code Section 65865, the city has adopted its Resolution No. 82-98 ("Resolution No. 82-98"), establishing procedures and requirements for the approval of development agreements. Developer has applied to the city pursuant to California Government Code Sections 65864 - 65869.5 and pursuant to said Resolution for approval of the Development Agreement set forth herein. B. The Developer and the city desire to enter into this Development Agreement in order to facilitate the physical expansion and improvement of an existing private secondary school (the "Development"). The Development will be located partly on certain property presently owned by the Developer (the "Original Parcel") which is shown as the Original Parcel on the map.set forth on Exhibi~=~_., attached hereto, and which is described in Exhibit B, attache~hereto. The Development is also proposed to be locate~ partly on three additional parcels proposed to be acquired by the Developer (the "Additional Parcels") which are shown as Additional Parcel No. 1, Additional Parcel No. 2, and Additional Parcel No. 3 on Exhibit A. Additional Parcel No. 1 is presently owned by Clark L. Loomis and James C. Loomis, Trustees of The Loomis Family Trust and is described in Exhibit ~, attac~ed hereto. Additional Parcel No. 2 is presently owned by ~rst National Bank of Dona Ana County, Trustee for The Charles Loomis Family Trust and is described in Exhibit_~ attached hereto. Additional Parcel No. 3 is presently owned by the city and is described in Exhibit E, attached hereto. The Original Parcel, Additional Parcel No. l, Additional Parcel No. 2, and Additional Parcel No. 3 are herein referred to collectively as the "Property." C. The City has conducted duly noticed public hearings on this proposed Development Agreement pursuant to Government Code Section 65867 and Resolution No. 82-98 and has found that the provisions of this Development Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in the City's General Plan as amended by the General Plan Amendment referenced below (the "General Plan"). Prior to or concurrently with its approval of this Development Agreement, the City Council of the City (the "city Council") has also approved: General Plan Amendment 95-1 and Zoning Amendment AA 95-2. D. As permitted by law, the City and the Developer desire to establish design and development standards for the entire build-out period of the Development, including all phases thereof, if any, the permitted uses for the Development, and to identify the scope of public infrastructure improvements to be required for, and as a result of, the Development. E. The City, by electing to enter into contractual agree- ments such as this one, acknowledges that the obligations of the city shall survive beyond the term or terms of the present City Council members, that such action will serve to bind the city and future city Councils to the obligations thereby undertaken, and this Development Agreement shall limit the future exercise of certain governmental and proprietary powers of the City. By approving this Development Agreement, the City Council has elected to exercise certain governmental powers at the time of entering into this Development Agreement, rather than deferring its actions to some undetermined future date. The terms and conditions of this Development Agreement have been found to be fair, just and reasonable, and the city has concluded that the pursuit of the Development will serve the best interests of its citizens and the public health, safety and welfare will be best served by entering into this obligation. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consider- ation, the adequacy and receipt of which is hereby acknowledged, the parties do hereby agree as follows: This Development Agreement pertains initially to the'original Parcel. This Development Agreement shall apply to Additional Parcels Nos. 1, 2 and 3 at such time as the Developer acquires 2 OO9 title to each such Additional Parcel and it is intended that no further or additional action be necessary by either party hereto to make this Agreement effective as to such property; except that section 12 of this Development Agreement shall be effective immediately upon the Effective Date of this Development Agreement. 2. Term. (a) The "Effective Date" of this Development Agreement shall be the effective date of the ordinance adopted by the city approving same, with the understanding that Developer shall execute this Development Agreement prior to its submittal to the City Council for approval. (b) The term ("Term") of this Development Agreement is twenty-five (25) years from the Effective Date, subject to earlier termination as hereinafter provided. Unless otherwise specified, the obligations herein and the rights herein shall remain in full force and effect throughout the Term. (c) The City may terminate this Development Agreement prior to expiration of the Term if the Developer fails to perform its obligations under this Development Agreement, subject to the requirements of section 13. 3. Permitted Use of the ProDertv. The parties agree that the use of the Property as a private secondary school offering general, technical, vocational and college preparatory education to students in grades 9 through 12 is a permitted use of the Property, subject to the right of the city to enforce all laws which do not conflict with the rights of the Developer under this Development Agreement. In addition, a permitted use of Additional Parcels Nos. 1 and 2 is apartment use until such time as the apartments are replaced and a permitted use of Additional Parcel No. 3 is office or classroom use, provided such office or classroom use is carried on exclusively in conjunc- tion with the school on the Original Parcel. 4. SDecial DeveloDment Standards. The following standards shall apply to the Development notwithstanding anything to the contrary in the land use and development plans and regulations of the City as they currently exist or may be hereinafter amended: (a) Intensity of use: The number of students attending the school on the Property shall not exceed 2,200 at any one time. 3 010 (b) Maximum height of buildings: No building on the Property shall exceed 50 feet in height within 100 feet of residential property, or 75 feet otherwise. (c) Maximum size of buildings: The aggregate floor area of all buildings on the Property shall not exceed 230,000 square feet. (d) A minimum of 200 parking spaces shall be maintained on- site. (e) A minimum 15 feet landscaped setback shall be maintained along all streets right-of-way except where existing structures encroach at the bus turn out on Edinger Avenue and where the proposed storm drainage structure encroaches to within five feet of Berkeley Street. (f) A minimum 5 feet landscaped setback shall be maintained along all interior property lines, except that the storm drainage channel may be adjacent to an interior property line provided there is a 5 feet landscaped planter along the opposite edge of the channel. (g) Fire protection systems and fire lanes shall be provided to the satisfaction of the Fire Marshall. (h) Site access shall be from Bristol and Edinger Streets only (except for maintenance access from Baker Street and emergency vehicle access at Pomona and Stanford streets, as detailed on Exhibits N and O). (i) On-site circulation shall meet minimum City Standard of 23-foot aisle width, 24-foot radius turn-around area for passenger vehicles (40 foot radius for buses and trucks), continuous forward movement of passenger vehicles, 60-foot entry throats and 8% x 13 foot parking stall sizes. A minimum 35 feet on-site student drop-off zone shall be (J) provided. (k) Perimeter limited access gates may be constructed provided that they are open during all business/school hours, visible to the street when closed, and located no closer than 20 feet from the street right-of-way. (1) Parking lots shall be landscaped with 150 square feet minimum planters at the end of rows of parking. (m) An eight feet masonry wall shall be provided along the east property line abutting residential. (n) Ornamental iron or similar fencing shall be used if fencing is provided around the campus buildings along Edinger and 4 011 Bristol Streets. Chain link may be utilized at athletic fields. (o) The Building Security Regulations (S.A.M.C. Chapter 8, Article 2, Division 3) are applicable only to new buildings and remodels exceeding 50% of the value of the existing building or structure. These regulations do not apply to unopenable windows or mechanical shafts that are not accessible. Waiver requests from these regulations will be considered as each building is being reviewed in Building Division plan check. On-site manned security shall be a consideration in evaluating waiver requests. (p) The city will conduct architectural review as a component of the Development Project Plan Review process as to: · Architectural compatibility to the site and area; · Architectural treatment on all sides of buildings; · Architectural finishes, materials and colors; and · Compliance with general architectural design standards applied citywide. However, the City will not mandate a particular architectural style (i.e. mission, post modern, cape cod) on the project. 5. General Development Standards Except as otherwise provided in Sections 4 and 6 of this Agreement, the city and Developer agree that the general plan provisions, ordinances, rules, regulations and official policies of the City establishing design, density, improvement and construction standards which are in effect as of the effective date of this Development Agreement shall govern the Development during the Term of this Development Agreement; provided, however, that development standards as revised after the Effective Date of this Development Agreement may be applied to the Development with the mutual consent of the Developer and the city's Planning Manager. 6. Non-vested City Laws and Regulations (a) Developer and all persons and entities in occupation of any portion of the Property shall comply with all city laws and regulations which do not conflict with the use and development of the Property pursuant to this Agreement as such city laws and regulations may from time to time be.enacted or amended hereafter. Specifically, but without limitation on the foregoing, the use and development shall comply with the following types of city laws and regulations as they may from time to time be enacted or amended hereafter: 5 (i) Taxes, assessments, fees and charges; provided, however, that the collection of certain development fees shall be governed by subsection (b)~of this section. (ii) Building, electrical, mechanical, fire and similar codes based upon uniform codes incorporated by reference into the Santa Aha Municipal Code; (iii) Laws, including zoning code provisions, which regulate the manner in which business activities may be conducted or which prohibit any particular type of business activity on a city-wide basis; (iv) Procedural rules of general city-wide application. (b) The Transportation System Improvement Fee (currently established by S.A.M.C. § 8-44), the Drainage Area Fee (currently established by S.A.M.C. §§ 34-191 et seq.) and the Sewer Connection Fee (currently established by S.A.M.C. § 39-53) shall be paid by the Developer in the rates in effect at the time payment is due. However, the calculation and collection of such fees shall be governed by the following principles: (i) Transportation System Improvement Fee: · Payment shall be due at the time of issuance of building permits. · The fee will not be applied to the remodel or rehabilitation of existing buildings. · No credit will be given for any demolition. (ii) Drainage Area Fee: · Payment will be due at the time of filing of a final parcel or tract map. · A 12-acre credit will be given for previous fees paid for the Property. (iii) Sewer Connection Fee: · Payment shall be due at the time of issuance of building permits. Credit will be given for fixture units removed due to demolition. No fee shall be collected for the rehabilitation or remodel of a building unless there is a net in- crease in the number of fixture units. 6 013 The parties also understand that th~.City currently collects a fee on behalf of the Orange County S~nltation District and that that district determines the rules for calculation and collection of that fee, as well as the amount. The city shall not impose any fee on the Developer for the construction of street medians. 7. Dedications and Street Improvements. Developer agree to make the following dedications of land to the City in connection with the Development: (a) A right-of-way easement for a diagonal corner cut-off on the northwest corner of the Property, at the intersection of Bristol Street and Edinger Avenue, as shown on Exhibit F, attached hereto and incorporated herein. (b) A right-of-way easement for a bus turn-out on the Edinger Avenue frontage of the Property, as shown on Exhibit G, attached hereto and incorporated herein. (c) A 20-foot-wide drainage and utility easement, and two 60 feet by 5 feet drainage, utility and emergency access easements on the easterly property line fronting Stanford and Pomona steets, located as shown on Exhibits H, N, O, and P attached hereto and incorporated herein. (d) A right-of-way easement for a diagonal corner cut-off at the southwest corner of Edinger Avenue and the proposed main entrance, as shown on Exhibit I, attached hereto and incorporated herein. Prior to the issuance of a certificate of occupancy for any new building on the Property, Developer shall make dedications (a) and (b), above, and shall, at Developer's sole cost, do the street work necessary to improve the bus turn-out in accordance with city standards. The City shall do the corner cut-off street work at Bristol and Edinger, at the city's sole cost, at such time as the city widens and improves Bristol Street in the vicinity of the Property. Dedications (c) and (d), above, shall be made by Developer promptly following the clearance of all existing improvements from the Additional Parcels. The installation of drainage improvements shall be the responsibility of the city, in accordance with Section 11 of this Agreement. At such time Developer shall, at Developer's expense improve the Edinger main entrance in accordance with Exhibits J and Q, attached hereto and incorporated herein and city standards. The city shall do the necessary median changes in Edinger Avenue in accordance with Exhibit J at its own expense at such time as Developer improves the Edinger Avenue main entrance. 7 014 Also, in the event the city installs traffic signals at an intersection adjacent to the Property,.Develope~ agrees to provide the City with an easement for the installation of underground traffic signal appurtenances, if it is necessary for such appurte- nances to encroach into the Property. The installation shall be at no cost to the Developer. Developer agrees to make the dedications referenced in this section without payment from the city in consideration of receiving the City's approval of this Development Agreement. No other dedications of land will be required by the City in connection with the Development during the Term of this Development Agreement. However, nothing herein shall be construed to limit the City's ability to acquire any portion of the Property, or rights therein, through the exercise of its power of eminent domain. 8. Site and Development Plan. It is agreed by the parties hereto that the Site and Develop- ment Plan prepared by Developer and submitted to the city at the time of the city's review and approval of this Development Agreement, a reduced copy of which Site and Development Plan is attached to this Development Agreement as Exhibit K, conforms to the development standards established for the Property by this Development Agreement. It is understood, however, that said site and Development Plan is conceptual only, and that nothing herein shall be construed to require that the development of the Property be in accordance with the said Site and Development Plan provided the development of the Property is otherwise consistent with the development standards established by this Development Agreement. It is recognized that there may be changes in the Site and Development Plan and any such changes that are in substantial conformance with the development standards established for the Property by this Agreement shall be approved by the City. Further, nothing herein shall be construed: (i) to relieve Developer from obtaining development project plan approval pursuant to sections 41-668 et seq. of the Santa Aha Municipal Code, whether the proposed development of the Property is in accordance with the Site and Development Plan or not, nor(ii) to prohibit the city from imposing reasonable conditions on such development project plan approval consistent with the development standards established by this agreement; provided however no such review shall authorize or permit the city to impose any condition or withhold approval to any proposed building or plan modification, the result of which would be inconsistent with any provisions of this Development Agreement. Developer, through oversight and management, shall use its best efforts to assure that staff and students attending the school on the Property fill on-site parking spaces first, parking spaces 8 015 in the City lot referenced in paragraph (b) of section 12 (when completed) second, other available off-street parking facilities third, and on-street parking last. Developer shall also use its best efforts to promote vehicle trip-reduction practices. Developer is exempt from other city requirements concerning parking management and trip reduction. 9. Vestinq of Development Riahts. As a material inducement to Developer to continue with diligent efforts to promote the development of the Property, the City desires to cause all development rights which may be required to develop to completion the Property with the Development consistent with this Agreement, to be deemed vested in Developer for the benefit of the Property, as of the time specified in Section 1 of this Development Agreement, to the greatest extent permitted by law, and to be free of all discretionary rights of the city or any body or subsequent building moratorium, ordinances, rules, regulations, policies or restrictions on development which are inconsistent with this Development Agreement. Notwithstanding the foregoing, nothing set forth in this Development Agreement shall be deemed to require Developer to commence or complete the Development. In accordance with the terms of Government Code Section 65866, the City and Developer agree that the general plan provisions, ordinances, rules, regulations and official policies of the city in effect as of the date of this Development Agreement governing the design, density, permitted land uses, improvement and construction standards applicable to the Development (collectively, the "Existing Development Regulations") shall govern during the term of this Development Agreement. The city shall not, in subsequent actions applicable to the Property or the Development, apply general plan provisions, ordinances, rules, regulations and policies which conflict with the Existing Development Regulations, except with the mutual consent in writing of the City's Planning Manager and the Developer. Except as otherwise provided in this Development Agreement, no amendment to or revision of, or addition to any of the Existing Development Regulations without the mutual consent in writing of the City's Planning Manager and the Develop- er, whether adopted or approved by the City Council or any office, board, commission or other agency of the city, or by the people of the city through charter amendment, referendum or initiative measure or other vote, shall be effective or enforceable by the city with respect to the Development, its design, grading, construction, remodeling, use or occupancy, schedule or develop- ment. 016 10. Environmental Compliance. The "Negative Declaration" fort he Development is incorporated herein by reference as through fully set forth at length. The City and the Developer acknowledge that to the extent that said document identifies certain mitigation measures applicable to the Develop- ment, Developer agrees to implement the various mitigation measures recommended to be implemented by the Developer pursuant to the said document, provided that the Developer proceeds with the Development and commences construction. The city agrees to implement the various mitigation measures recommended to be implemented by the city pursuant to the said document, provided that the Developer proceeds with the Development and commences construction. City agrees that no subsequent or supplemental environmental impact report shall be required for subsequent discretionary approval except as set forth in California Public Resources Code S 21166. 11. Street vacation~ The City shall vacate the excess right-of-way of Bristol Street shown on Exhibit L, attached hereto and incorporated herein, promptly following the execution of this Agreement. The City shall vacate and abandon the city's right of way easements over Baker Street, Stanford Street, and Pomona Street to the extent they abut the Additional Parcels, and over the Edinger frontage road to the extent it abuts the Original Parcel and Additional Parcel No. 3, as shown in Exhibit M, attached hereto and incorporated herein, and shall remove street improvements from the said vacated streets and construct public drainage improvements in the area of the drainage easement granted to the city by Developer pursuant to Section 7 of this Development Agreement, in accordance with the following terms and conditions: (a) The said street removal and drainage improvement work shall be completed by the city prior to the last of the following dates: (i) The date occurring three (3) years after the date on which the city receives written notice from the Developer that the Developer has acquired title to all the Additional Parcels (provided the Developer has in fact acquired such title). (ii) The date occurring two (2) years after the date on which the city receives notice from the Developer that the Developer has removed all improvements from the Additional Parcels (provided the Developer has in fact removed such improvements). (iii) The date occurring two (2) years after the date on 10 017 (b) (c) (d) which the Developer dedicates the drainage easement specified in Section 7 of this Development Agree- ment to the City. The city shall be responsible for the removal and/or relocation of all public utilities located in the area of the streets which are to be vacated pursuant to this section, without cost to the Developer (other than costs for any new utility connections which may be necessary). The street abandonments shall be accomplished by means of a parcel map merging the Original Parcel and the Addi- tional Parcels into a single new parcel in accordance with section 66499.20% of the Government Code of the State of California. Developer shall cause a tentative map and a parcel map to be filed with the city for this purpose after the improvements on the Additional Parcels have been removed. It is understood and agreed that the drainage improve- ments to be installed in the drainage easement shall be surface drainage facilities, as depicted on Exhibits H, N, O, P and Q. It is further understood that such surface drainage improvement may not be sufficient to fully protect other improvements on the Property from stormwater damage during especially severe storms, and Developer assumes the risk of such damage. Developer shall keep the drainage facilities free and clear of all impediments to drainage and shall maintain the five-foot strip to the east of the drainage easement as a land- scaped area. 12. Off-site parkina mitiaation (a) The parties hereto acknowledge and agree that the students attending the school park their automobiles on the local streets in neighboring residential areas; that the approval of this Development Agreement will not exacerbate that situation because this Development Agreement limits the number of students attending the school to 2,200 students; but that this Development Agreement allows the parties to jointly mitigate the student parking problem that will continue to exist unless mitigated by the provision of additional off-street parking areas. Therefore, the parties agree to undertake the off-street parking mitigation measures set forth in subsections (b) and (c) of this section. (b) The city agrees to construct a public parking lot on the east side of Bristol Street north of Edinger Avenue as part of its Bristol Street widening project. The said parking lot shall contain approximately 300 parking spaces. The city shall not impose any charge for parking at the said parking lot. The parking 11 018 lot is contemplated to be constructed approximately in the year 1999. The City will not widen and improve Bristol Street north of Edinger Avenue without construction of the said parking lot. (c) The city agrees to sell to Developer and the Developer agrees to purchase, at fair market value, Additional Parcel No. 3, for ultimate use and improvement as a parking area for students attending the school as shown on the Site and Development Plan specified in section 8 of this Development Agreement, subject to deed restrictions that give the City the right to reacquire title to the Property in the event that any portion of any building on Additional Parcel No. 3 is rented to any person other than Developer or that any such building has not been removed from Additional Parcel No. 3 within ten (10) years of the date of acquisition of Additional Parcel No. 2 by the Developer. Developer shall be responsible for the removal, at Developer's expense, of the improvements on Additional Parcel No. 3 within ten (10) years after the conveyance of Additional Parcel No. 3 to Developer. Developer may use the said area for other school uses including offices and classrooms if a substitute parking area for students having an equal parking capacity is provided elsewhere, either on the Property or on other property in the vicinity of the Property which either is owned by Developer or is subject to an easement or covenant which allows its use for parking appurtenant to the school on the Property. (d) The Executive Director of the city's Community Develop- ment Agency is authorized: (i) to determine the fair market value of Additional Parcel No. 3 based upon an independent appraisal of Additional Parcel No. 3 and (ii) to enter into purchase and sale agreements on behalf of the City with the Developer under mutually acceptable terms and conditions. The Mayor of the City is authorized to execute, on behalf of the city, in accordance with the terms and conditions of any such purchase and sale agreement, a deed conveying title to Additional Parcel No. 3 to Developer. 13. Default and Remedies. (a) Developer shall be in default under this Agreement upon the happening of one or more of the following events or conditions: If a material warranty, representation or statement made or furnished by Developer to the city is false or proves to have been false in any material re- spect when it was made; ii) A finding and determination by the city Council made following a periodic review under Government Code Section 65865.1 that upon the basis of sub- stantial evidence, Developer has not complied in good faith with a material requirement of this 12 019 (b) shall: Development Ague ~nt; or iii) An express repudiation, refusal or renUnciation of this Development Agreement, if the same is in writing and signed by the Developer. The city shall be in defau1% under this Development if it i) fail to comply in good faith with the requirements hereof regarding the permitted development stan- dards and uses specified herein, or City's obliga- tions under Section 12, or ii) expressly repudiate, refuse or renounce this Devel- opment Agreement in writing. (c) Notwithstanding any provision of this Development Agreement to the contrary, except for Developer's default under subsection (a) (iii), Developer shall not be deemed to be in default under this Development Agreement, and the City may not terminate Developer's rights under this Development Agreement unless the City shall have first delivered a written notice of any alleged default to Developer, which shall specify the nature of such default. Except for Developer's default under subsection (a)(iii), if such default is not cured by Developer within ninety (90) days of service of such notice of default, or with respect to defaults which cannot be cured within such period, Developer fails to commence to cure the default within Sixty (60) days after service of the notice of default, or thereafter fails to diligently pursue the cure of such default until completion, the city may terminate Developer's rights under this Agreement. Upon the occurrence of a default by the city, as described in subsection (b)(i), Developer may give written notice to the city specifying the nature of such default. If the City has not cured such default within ninety (90) days of such notice, an event of default by the city shall be deemed to have occurred. The occurrence of a default by the city under subsection (b)(ii) above shall, at the option of Developer, and upon written notice to the city, immediately constitute an event of default by the City. (d) In the event a breach of this Development Agreement occurs, irreparable harm is likely to occur to the nonbreaching party and damages may be an inadequate remedy. To the extent permitted by law, therefore, it is expressly recognized that specific enforcement of this Development Agreement is a proper and desirable remedy. (e) In no event shall either party be entitled to damages against the other party based on the other party's default under this Agreement. 13 020 14. Amendment or Cancellation. Except as otherwise provided for herein, this Development Agreement may be amended or canceled in whole or in part only by mutual consent of the parties, or their successors in interest, and in the manner provided in Government Code Sections 65865.1, 65867, 65867.5 and 65867. 15. Enforcement Unless amended or canceled as provided in Section 16, this Development Agreement shall continue.to be enforceable by any party to it, notwithstanding any change or other regulations adopted by the City which alter or amend the rules, regulations or policies applicable to the Development. 16. Supersession of Aqreeme~t by Chanaes in State or Federal Law or by Judicial Decision In the event that state or federal laws, ordinances, rules, policies or regulations or the laws, ordinances, rules, policies, or regulations of any other governmental or quasi-governmental entity are enacted after the Effective Date of this Development Agreement, or the action or inaction of any other affected governmental jurisdiction or any judicial decision prevents or precludes compliance with one or more provisions of this Develop- ment Agreement, or imposes a requirement on the Development materially different than as otherwise contemplated by this Development Agreement, or requires changes in plans, maps or permits approved by the City or the development standards set forth in the Development Agreement, the parties shall: (a) Provide the other party with written notice of such restriction, together with'a copy of the applicable law, rule, regulation or policy and a statement in reasonable detail setting forth the conflict of same with the provisions of this Development Agreement; and (b) Promptly meet and confer with the other party in good faith and make a reasonable attempt to modify or suspend this Development Agreement to comply with such law, ordinance, rule, policy or regulation or judicial decision. Thereafter, regardless of whether the parties reach agreement on the effect of such law, ordinance, rule, policy or regulation upon this Development Agree- ment, the matter shall be scheduled for a hearing before the City Council upon thirty (30) days notice, for the purposes of determining the exact modification or suspension which is required by such law, ordinance, rule, policy or regulation or judicial decision. It is 14 the express intent of the parties to modify the Develop- ment Agreement to allow for the development of the Development in as close conformity to the terms and conditions of this Development Agreement as reasonably possible. Nothing herein shall preclude Developer from challenging the conflicting law, rule, regulation or policy. In the event the City receives written notice from any institutional lender or pension trust (a "Mortgagee") that it has obtained a deed of trust or mortgage on all or any portion of the Property (a "Mortgage"), together with a copy thereof, the city agrees as follows: (a) The city shall mail, first-class, postage prepaid, to each Mortgagee a copy of any notice given to Developer concur- rently with the giving of such notice to Developer. If Developer fails to cure such default within' the period allowed in this Agreement, the city shall give another written notice to each Mortgagee of such failure. (b) The City shall not terminate or cancel this Agreement unless any mortgagee has cured any default curable by payment of money within thirty (30) days of notice or if a non- monetary default has commenced, in good faith, to cure all other defaults and diligently proceeded to cure all such defaults within a reasonable time. A default shall be deemed cured by the giving of a written agreement by any such Mortgagee or Purchaser to continue to be bound by the terms of this Development Agreement. (c) The city shall accept the performance of any such Mortgagee or Purchaser as if such performance were rendered by Developer. Each Mortgagee and each such Purchaser shall have the right but not the obligation, to remedy any defaults of Developer within the time specified herein. No Mortgagee or Purchaser shall have any liability under this Development Agreement except for acts or events which occur while such Mortgagee or Purchaser holds title to the Property or portion thereof. (d) The provisions of this section are solely for the benefit of Mortgagees and Purchasers and shall not otherwise impair any rights of the city against Developer. (e) No default or event of default hereunder by Developer shall defeat, impair or render invalid the lien of any deed of trust made in good faith and for value as to the Develop- ment or any portion thereof. (f) The city, by resolution of the City Council, may 15 022 modify or add to the provisions of this section at the request of any institutional lender or pension trust providing financing so long as such requested modifications or additions pertain only to the rights of a Mortgagee hereunder and are not otherwise inconsis- tent with the terms of this Development Agreement. 18. Relationship of the Parties It is hereby specifically understood and acknowledged that the Development is a private project and that neither the city nor Developer will be deemed to be the agent of the other for any purposes whatsoever. Any notice or instrument required to be given or delivered to either party to the Development Agreement may be given or delivered by depositing the same in the United States mail, certified mail, postage prepaid, addressed to: city: city of Santa Ana 20 civic Center Plaza P.O. Box 1988 Santa Ana, california 92702 Attention: Developer: Dioces'e of Orange Education and Welfare Corporation 2811 Villa Real Drive Orange, California 92667-1999 Attention: Construction Manager Notice of a change of address shall be delivered in the same manner as any other notice provided herein, and shall be effective three days after mailing by the above-described procedure. 20. Severabilitv. If any term, provision, condition, or covenant of this Development Agreement, or the application thereof to any party or circumstances, shall to any extent be held invalid or unenforce- able, the remainder of the instrument, or the application of such term, provision, condition or covenants or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Development Agreement shall be valid and enforceable to the fullest extent permitted by law. 16 023 This Development Agreement and the Exhibits therein contain the entire agreement between the parties, and is intended by the parties to completely state the Development Agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto, not expressly set forth in this Development Agreement, is null and void. Development Agreement as of the ATTEST: Guy / he Coundil / IN WITNESS WHEREOF, the undersigned have executed this day and year first above written. CITY~TA ANA b~j~el A. ~Pulldo ~/~ayor APPROVED AS TO FORM: city Attorney DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION .~ .~/ /3 , / Rev~r~d~ Monsignor John Urell DATE: July 19~ 1995 REU 6/23~35 17 State of california County of Orange On July 19r 1995 before me, ~nnette H. Russell personally appeared Norman F. McFarland and John Urell personally known to me -OR- [] ~roved to me on the asis of satisfactory evidence to be the pe, rson(s) who,se n. ame{s) is/are suoscrioed to the within instrument and acknowledged to me that he/she/t.hey executed the same ~n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrumentthe person(s), or the entity upon behalf of which the personls) acted, executed the instrument. Witness my hand and official seal. ISEAL) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTF~ATE MUST BE ATTACHED TO THE OOCUMENT DESCRIBED AT RIGHT: CAPACITY CLAIMED DY 61ONERIS) [3 INDIVIDUALISI DCORPORATE OFFICERISI [:]PARTNER{Si (:]LIMITED {:]GENERAL DATTORNEY IN PACT [~TRUSTEE(S) (~GUARDIAN/CONSERVATOR E]OTHER: SINNER 18 REPRESENTING: RIGHT THUMBPRINT IOptional) CAPACITY CLAIMED BY SlGNERIS) C]INDIVIDUALIS) C]CORFORATE OFFICERISl C]PARTNERIS) [~ LIMITED [~GENERAL C~AI-rORNEY IN FACT ~TRUSTEEIS) E] GUARDIANICONSERVATOR DOTHER: SIONER IS REPRESENTING: IName of Pereon(t) or Entity(i®el TOAL ENGINEERING / 139 Avenida Navarro SAN CLEMENTE, CALIFORNIA 92672 C.~CC~EDUY (714) 492~8586 FAX (714) 498-8625 £X///Z~ / 7- A ORIGINAL PARCEL AND ADDiTiONAL PARCELS £OIMG£~ Avenue_ DATE '1 J~ ~B8~ o£16ll~lAZ ?A~'£EI 13-/¢ t~LACE /",,ZOO' 028 EXHIBIT B ORIGINAL PARCEL In the City of Santa Ana, County of Orange, State of California, being that portion of the West Half of the Southwest Quarter of the Northwest Quarter of Section 24, Township 5 South, Range 10 West, San Bernardino Meridian, in the land allotted to F.W. Koll in decree of partition of the Rancho Santiago De Santa Ana, recorded in Book B of Judgements of the 17th Judicial District Court of Los Angeles County, California, more particularly described as follows: Beginning at the Northeast corner of Lot 1 of Tract No. 1367, as per Map recorded in Book 41, Page 25 of Miscellaneous Maps, records of said Orange County; thence Westerly along the North line of said Lot 1 and along the North line of Tract No. 1378, as per Map recorded in Book 41, Page 28, of Miscellaneous Maps, records of said Orange County, North 89°45'50'' West, 585.39 feet to a point in the Easterly Right-of-Way line of Bristol Street; thence Northerly along said Easterly line North 0'11'30" East, 1249.80 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 27.00 feet; thence Northerly, Northeasterly and Easterly along said curve through a central angle of 89°17'40'' an arc length of 42.08 feet to a point in the Southerly Right-of-Way line of Edinger Avenue; thence Easterly along said Southerly line, tangent to said curve North 89°29'10" East, 203.44 feet to the beginning of a tangent curve concave Northerly and having a radius of 1044.00 feet; thence Easterly along said curve through a central angle of 9'23'20" an arc length of 171.08 feet; thence non-tangent to said curve North 89°29'10'' East, 156.91 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 25.00 feet; thence Easterly, Southeasterly and Southerly along said curve through a central angle of 83'47'59" an arc length of 36.56 feet to the beginning of a compound curve concave Westerly and having a radius of 258.69 feet, said point being in the Westerly Right-of- Way line of Baker Street; thence Southerly along said Westerly line along said curve through a central angle of 6'50'51" an arc length of 30.92 feet; thence tangent to said curve South 0'08'00" West, 1244.94 feet to the POINT OF BEGINNING. Prepared under the direction of: Olay S. Meum LS 4384 License expires: EXHIBIT C ADDITIONAL PARCEL i All that certain land situated in the City of Santa Aha, County of Orange, State of California, described as follows: Lots 9,10, 11 and 12 of Tract No. 2011, as shown on a Map thereof recorded in book 57, Page 44 of Miscellaneous Maps, records of said Orange County, California. prepared under the direction of: Olav S. Meum LS 4384 License expires: .030. EXHIBIT D ADDITIONAL PARCEL 2 All that certain land situated in the city of Santa Aha, county of Orange, State of California, described as follows: Lots 5,6,7 & 8 of Tract No. 2011, as shown on a Map recorded in Book 57, Page 44 of Miscellaneous Maps, records of said Orange county, california. Prepared under the direction of: Olay S. Meum LS 4384 License expires: 031 EXHIBIT E ADDITIONAL PARCEL 3 All that certain land situated in the City of Santa Aha, County of Orange, State of California, decribed as follows: Lots i to 4 of Tract No. 2011, as shown on a Map thereof recorded in book 57, Page 44 of Miscellaneous Maps, records of said Orange County, california. Prepared under the direction of: Olay S. Meum LS 4384 License expires: 03?- 25,00' EDINGER AVENUE EXIST. PROP. LINE RADIUS ~ NEW DIAGONAL CORNER CUT OFF , AREA TO BE DEDICATED FOR PUBLIC STREET PURPOSES f P_RO_.P ERTY LINE EXHIBIT "F" CORNER CUTOFF DETAIL SCALE: 1" = 10' 033 BAKER STREET ,1 1 "=40' 0 D. BUS TURNOUT ON EDINGER AVE. SCALE: 1" = 40' EXHIBIT "G" ~ (PAGE 1 OF 3) '~ 034 Bus Stop & R26-BS S[g'n NO PARKING BUS STOP R26-BS EXHIBIT "G" (PAGE 2 OF 3) BUS TURNOUT 035 EXHIBIT "G" BUS STOP$1(3N .,~,. '-I NOPARKIN~SIGN- '~ f, · :~:.::1'".',.;.~,'~:~ 2,,?,:'.': '.;:~-: ~-:~. ~ ~-6'.12' AGGREGATE BASE DEPENDING OH THE SOiL CONOITIOt4$ (PAGE 3 OF 3) [ f ! [ [ [ [ [ [ [ [ [ SECTION THROUGH BUS TURNOUT (NO SCALE) 036 5'LANDSCAPEAREA E'LY PROPERTY LINE ADDITIONAL PARCELS 1,2,&3 8' MASONRY WALL 20' DRAINAGE & UTILITY EASEMENT TO CITY OF SANTA ANA 8" CURB FACE ~8" ,THICK CONCRETE EXHIBIT "H" (PAGE I OF 2) TYPICAL SECTION THROUGH SCALE: 1" = 8' E'LY PROPERTY LINE 037 CURVE DATA '© R L I 51'19'04" 40' 35.83' 2 90'10'20" 60' ,94.43' 3 27°26'21" 20' 9.58' 4 27'26'21' 20' 9.58' 20'WIDE DRAINAGE EASEMENT v EDINGER AVE PER TRACT MAP 2011 MM ,57-44 5', LANDSCAPE AREA STANFORD ST. SCALE: 1" = 100' 20'WIDE DRAINAGE AND UTILITY EASEMENT 60'WIDE x 5'LONG DRAINAGE, UTILITY,& EMERGENCY ACCESS EASEMENT POMONA ST. " ~--20'WIDE DRAINAGE AND / UTILITY EASEMENT WIDE UTILITYEASEMENT. EXHIBIT (PAGE 2 OF 2) 20' WIDE DRAINAGE & UTILITY EASEMENT 102.95' ~ BERKELEY ST. 60' WIDE x S' LONG DRAINAGE, UTILITY, & EMERGENCY ~ ACCESS EASEMENTS ~-%~ 038 ~ BAKER STREET PE~//~- TRACT MAP 2011 M.M. 57-44 ,30' EXHIBIT "1" AREA A] SOUTHWEST CORNER OF EDtNGER AVE. AND BAKER STREET TO BE DEDICATED 039 BAKER STREET CUTOFF 133)JIS. ~J3)~V8 ~NER CUTOFF EXHIBIT "J" (PAGE 1 OF 2) ENTRANCE TO PARKING LOT ON EDINGER AVENUE SCALE: 1" = 40' 040 EXHIBIT "J" (PAGE 2 OF 2) MEDIAN DIVERTER DETAIL' SCALE: 1" - 10' PHASE VI ~SE I X 042 (IST. R/W~ AREA TO BE ABANDONED NOTE: DIMENSIONS ARE APPROXIMATE- FOR ACCURATE DIMENSIONS SEE ABANDONMENT DOCUMENTS WHEN RECORDED. EDINGER AVE.1" iPOSED R/W EXHIBIT "L" (NOT TO SCALE) 'AREA'TO BE DEDICATED SEE EXHIBIT "~ ~'~ EDIHGER AVE. PER TRACT t 4, ~:, f. ,.- MAP 2011 MM 57-44 .~_~/' ,.~". ' - --'g __~ G~ '~'#' '1<'' ~ ~ ~ Z~.Z~~ ' ~ R~I~' I ' I ~' ~o~.~," __.. ~__. ~ . '.:STI ~FORD ST. o [,; ~'~ sc~=~. = ~oo. ~--.. ~ ..... . '19 ,~'=/0.00 I 2,J9 'l '1 IS. /.-~ 94-.3¢' BERKELEY ST. K= bO. OO 043 EXHIBIT"M" STREETS TO BE ABANDONED 044 20' DRAINAGE AND UTILITY EASEMENT DRAIN CULVERT ... .: . : .:.-' 60' DRAINAGE AND UTILITY AND EMERGENCY ACCESS EASEMENT /. ' ' ". ' : 5' LANDSCAPE AREA 8'MASONRY WALL F" v PROPERTY LINE A _)ITIONAL PARCELS EXI~ 1.2,& 3 18' DWY EMERGENCY ACCESS DETAIL POMONA STREET SCALE: 1" -- 20' 20' EMERGENCY ACCESS GATE W/KNOX BOX AND DRIVEWAY WITH 4" CF EXHIBIT "N" J 045 8'MASONRY 20'DRAINAGE AND UTILITY EASEMENT /~60° DRAINAGE AND UTILITY AND EMERGENCY ACCESS EASEMENT :i' ?' ' .DRAIN ,CULVERT'-, , 'AREA · ,. . .. .:.. . .'! :.'.- . .. ..: .- · ... ,' ~,..~.'..'- EXIST DWY EMERGENCY ACCESS . '-' GATE ;W/KNOX BOX AND ".-iI'.- - ;' DRIVEWAY WITH 4" CF '* .'.~'~£XIST DWY -_E-'LY PROPERTY LINE DDITIONAL PARCELS 1,2,& 3 EMERGENCY ACCESS DETAIL STANFORD STREET SCALE: 1" = 20' EXHIBIT "O" .J SCALE 1"=30.~ HIC FI 20' WIDE DRAINAGE & UTILITY EASEMENT C~ANNELIMPROVEM 8"THICK PCC 8"CURBFACE 20'WIDE DRAINAGE EASEMENT-~ 15'WIDE LANDSCAPE AREA PROP. DWY -- I UNDER SIDEWALK DRAIN PROP. D_WY _ PROPO~D£WALK '~--bERKELEY _~T~EE? EXHIBIT "P" EXIST CURB DRAIN OUTLET TO BERKELEY STREET 047 MATER DEl HIGH SCHOOL 20' DRAINAGE AND UTILITY EAS 5'LANDSCAPE AREA E°LY LINE ADDITIONAL PLANTEF DRAINA( uTILITY EA: ~EAND ,EMENT 8' MASONRY WALL uJ 30! FRONTAGE ROAD DETAIL SCALE: 1" = 20' EXHIBIT "Q" .J