HomeMy WebLinkAboutNS-2320 - Approving a Development Agreement Between the City of Santa Ana and Discovery Science CenterORDINANCE NO. NS- 2~
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA ANA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SANTA ANA AND DISCOVERY
SCIENCE CENTER.
WHEREAS, Discovery Science Center, a California Non-profit
Corporation (Developer) proposes to develop a science museum and
discovery center (the "Project") on that certain property generally
located on the west side of Main Street, north of the I-5 Santa Ana
Freeway right of way and south of Santiago Creek (the "Property");
and,
Whereas, in this regard, the Developer has filed applications
for approval of Variance No. 97-03, and Development Agreement No.
97-01 in order to carry out the Project; and
WHEREAS, the Planning Commission of the City of Santa Ana held
a duly noticed public hearing on March 24, 1997 on said Variance
and Development Agreement, and, based thereon, approved the
Variance, and recommended that the City Council approve the
Development Agreement; and,
WHEREAS, prior to taking action on this ordinance, the City
Council of the City of Santa Ana has reviewed and considered the
information contained in Environmental Impact Report No. 96-01 (the
"EIR) pertaining to the development of the Property and the
Development Agreement, and has certified the EIR as having been
prepared in accordance with the California Environmental Quality
Act and has adopted environmental findings regarding the project;
and
WHEREAS, this Council, prior to taking action on this
ordinance, has held a duly noticed public hearing, on said
Development Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
1. That certain Development Agreement between the City of
Santa Aha and Discovery Science Center, dated April 21, 1997, is
hereby approved, and the Mayor is authorized to execute said
Agreement on behalf of the City of Santa Ana following its
execution by Developer, and the Clerk of the Council to attest to
the same.
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~' ~ ORDINANCE N~-2320
2. 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
ATTEST:
5th
day of ~Say , 1997.
/'~M~gUel At. Puli~o
~,/ Mayor
COUNCILMEMBERS:
Pulido Aye
Richardson Aye
Espinoza Aye
Franklin Aye
Lutz Aye
McGuigan Aye
Moreno Aye
torney
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JAN-ICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance
N$-2320 to be the original ordinance adopted by the City Council of the City of
Santa Ana on 5/5/9 7 ; and that said ordinance was published in accordance
with the Charter of the City of Santa Ana.
Date:.25,/-7,/q--7 :2 (~' ~.~-.~
/ t~ Clerk of the C6uncjt~
City of Santa Ana ~
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza
Santa Aha, ca.
ATT~~ ~lerk of the Council
~85 22~29~42 22 27
'~NFORMED COPY
~,mpared wlfh Original
DEVELOPMENT AGREEMENT
by and between
THE CITY OF SANTA ANA
and
DISCOVERY MUSEUM OF ORANGE COUNTY
AN EXPLORATORY LEARNING CENTER, D/B/A
DISCOVERY SCIENCE CENTER
DATED:
50Z
CONTENTS
1. Binding Effect of Development Agreement.
2. Relationship of the Parties
3. Term .
4. Permitted Development/Phasing
5. Development of the Property; Vesting of
Rights.
6. Reserved
~. Processing of Applications and Permits .
8. Environmental Review/Mitigation Monitoring Plan
9. Periodic Review of Compliance
10. Amendment or Cancellation
11.
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Development · 4
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Supersession of Development Agreement by changes in State or
Federal Law
12. Enforced Delay and Extension of Times of Performance
13. Notices
14. Assignment
15. Default and Remedies .
16. Estoppel Certificate .
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17. Recordation of Agreement
18. Seversbility
19. Cooperation in the Event of Legal
20. Enforceability of Agreement
21. Cooperation; Execution of Documents
22. Entire Agreement; Waivers
23. Effective Date .
24. Rules of Construction; Section Headings
25. Time of the Essence
26, Counterparts
Attachments
Challenge
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JWF: 8/13/97
h:\ilome~joe\agmt\discover\devagmt2.cln
THIS DEVELOPMENT AGREEMENT ("Development
made and entered into this L~4~ day of ~J Agreement") is
, 1997 by
and between the CITY OF SANTA ANA, a char~er city and municipal
corporation organized and existing under the Constitution and laws
of the State of California ('*City"), and DISCOVERY MUSEUM OF ORANGE
COUNTY AN EXPLORATORY LEARNING CENTER, D/B/A DISCOVERY SCIENCE
CENTER, A California Non-Profit Public Benefit Corporation
("Developer").
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, among other things: (i) vest certain rights in the developer;
(ii) provide certainty in the approval of development projects in
order to avoid the waste of resources; (iii) encourage investment
in and commitment to comprehensive planning which will make maximum
efficient utilization of resources at the least economic cost to
the public; (iv) strengthen the public planning process and
encourage private participation in comprehensive planning; and (v)
reduce the economic costs of development by providing assurances to
the developer that the developer may proceed with its projects in
accordance with existing policies, rules, and regulations.
B. Pursuant to California Government Code Section
65865, 'the City has adopted its Resolution No. 82-92, establishing
procedures and requirements for the approval of development
agreements. Developer has applied to City pursuant to California
Government Code Sections 65864-65869.5, and pursuant to said
Resolution for approval of the Development Agreement set forth
herein.
C. The City desires to enter into this Development
Agreement with the Developer in order to facilitate the development
of certain property more fully described in Exhibit "A" attached
hereto (the "Property") with a certain project to be known as
"Discovery Science Center" depicted on the map attached hereto as
Exhibit "B" (the "Development").
D. The City has given notice of its intention to adopt
505
this proposed Development Agr.:ament, has conducted public hearings
thereon pursuant to Governm~.nt Code Section 65867, and City's
Resolution No. 82-98.
E. Development of the Property is proposed to be in two
phases. Certain development risks and uncertainties associated
with the long term nature of the Development, including the cost of
the portiO~of these public improvements, could discourage and
deter Developer from making the long term commitments necessary to
fully develop the Property; therefore, the parties desire to enter
into this Development Agreement in order to reduce or eliminate
uncertainties to such development over which the City has control,
and to, where appropriate, vest the Developer with the right to
complete the Development in accordance with those ordinances, rules
and regulations in effect at this time of approval of this
Agreement.
F. The mutual undertakings, assurances, and covenants
provided for in this Development Agreement provide public benefits
to the City and its residents, including the promotion of compre-
hensive planning, private and public cooperation and participation
in the provision of public benefits,, and the effective and
efficient development of public facilities and infrastructure
supporting the Development which was contemplated and promoted by
Government Code Sections 65864 et seq.
NOW, THEREFORE, in consideration of the mutual covenants
and agreements contained herein, and other good and valuable
consideration, the receipt of which is hereby acknowledged, the
parties do hereby agree as follows:
1. Binding Bffeot of Development Agreement.
This Development Agreement pertains to the Property as
described in Exhibit "A". Before this Agreement shall become
effective, Developer shall acquire either fee title, or the consent
of the owner of fee title, of all of the Property.
The burdens of the Development Agreement are binding
upon, and the benefits of the Development Agreement inure to all
successors in interest of the parties to the Development Agreement,
and constitute covenants which run with the Property, and in order
to provide continued notice thereof, this Development Agreement
will be recorded by the parties.
The assurances provided to Developer in this Development
Agreement are provided pursuant to and as contemplated by Govern-
ment Code Sections 65864 et seq., and in consideration for the
undertakings of Developer as set forth in this Development
Agreement. The parties agree that the consideration to be received
by the City pursuant to this Development Agreement and the rights
secured to Developer hereunder constitute sufficient consideration
2
to support the covenants and agreements of the City and Developer.
2. 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
purpose whatsoever. City and Developer and its successors and
assigns mutually deny any intention to form a joint venture or
partnership between city and Developer, and agree that nothing
contained herein or in any document executed in connection herewith
shall be construed as making the City and Developer, or its
successors and assigns, joint venturers or partners.
3 · Ter~.
(a) Unless the term is otherwise modified or ex~¢endedb¥
the parties as set forth in this Development Agreement, the term
("Term") of this Development Agreement is ten (10) years from the
Effective Date (defined below), subject to earlier termination as
hereinafter provided.
(b) Notwithstanding subsection (a), this Development
Agreement shall terminate if the Developer fails to begin
construction of the first phase of the Development within two (2)
year of the Effective Date of this Development Agreement.
Additionally, the City may terminate this Development Agreement as
to the second phase if the Develop fails to continually operate the
Development as a non-profit science museum during the period from
completion of the first phase until time to construct the second
phase.
(c) The termination of this Development Agreement shall
not affect any right or duty arising independently from entitle-
ments to use issued by City or other land use approvals approved
concurrently with or subsequent to the approval of this Development
Agreement.
(d) Upon the expiration or termination of this Develop-
ment Agreement for any reason, the City and Developer and its
successors and assigns agree to cooperate and execute any document
reasonably requested by the other party to remove this Development
Agreement from the public records as to the property or any
applicable portion thereof.
4. Permitted Dsvslopmsnt/Phesing
As the material consideration for the granting of the
vested rights under this Agreement by the City, the Developer
agrees to construct on the Property the particular development
described in Exhibit C (the "Development"). As to Phase I of the
Development, all applications to be submitted, and all construction
to be carried out shall be in accordance with City of Santa Aha
Development Plan DP96-27 and Variance No. 97-03. As to Phase II of
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the Development, for which no ~e plan or Development Plan has
been submitted by the Develop=r, submittals therefor shall
substantially conform to Phase II as described in Exhibit C, except
that Developer may, at its sole option, delete the "theme" cube
from the Project. If Developer submits applications for any use of
the Property other than~.un~ that complies in all material aspects
to DP96-27 and Exhibit C (subject to Developer's right to delete
the cube, this Agreement shall terminate and all development shall
be subject to codes and standards in effect at that time.
5. Development of the Property; Vesting of Development Rights.
(a) ~ener&l Statement.
Notwithstanding any subsequent changes to the General
Plan, the zoning of the Property, or any other change affecting the
Development or use of the Property, including without limitation
any changes imposed by any initiative approved by the voters, and
except as specifically set forth herein, Developer shall have the
vested right to proceed with the development of the Property in
accordance with Existing Development Regulations, as defined below.
(b) ~xisting Development Requlations.
In accordance with the terms of Government Code Section
65866, the City and the Developer agree that the ordinances, rules,
regulations and official policies of the City, (collectively, the
"Existing Development Regulations") in effect as of the date of
this Development Agreement governing the design, density, permitted
land uses, timing and phasing, and other improvement and
construction standards applicable to the Development shall govern
during the Term of this Development Agreement. Except as otherwise
provided in this Development Agreement, without Developer's written
approval, no amendment to or revision of, or addition to any of the
Existing Development Regulations or the Plan, 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 or initiative measure, shall be effective or
enforceable by the City with respect to the Development, its
design, grading, construction, remodeling, use or occupancy, or
schedule of development.
(o) Exclusion from Definition of Existing Development
Regulations.
As used herein, Existing Development Regulations shall not
include municipal laws and regulations which do not interfere with
Developer's vested rights to develop and use the Property in
accordance with the Approvals. Developer and its successors and
assigns and all persons and entities in occupation of any portion
of the Property shall comply with such non-conflicting laws and
regulations as may from time to time be enacted or amended
hereafter. Specifically, but without limitation on the foregoing,
50B
such non-conflicting laws and regulations include the following:
(1) Taxes, assessments, fees and charges, except as otherwise
specifically provided in this Development Agreement;
(2) Building, electrical, mechanical, fire and similar codes
based upon uniform codes incorporated by reference into the
Santa Aha Municipal Code;
(3) 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; and
(4) Procedural rules of general City-wide application.
6. Reserved
7. Processing of Applications and Permits.
Developer acknowledges and agrees that there are numerous
other discretionary and ministerial entitlements, permits and other
approval yet to be issued by the City for the Development before it
may be completed. Developer further acknowledges and agrees that
nothing set forth herein shall impair or interfere with the right
of the City, consistent with Existing Development Regulations, to
require the processing, reviewing, conditionally granting (or deny
where appropriate), applications for permits and entitlements,
including but not limited to, grading, building, encroachment and
other permits, site plans, subdivision or parcel maps and lot line
adjustments, and development review, with respect to the
Development and the use of the Property, pursuant to the applicable
provisions of Chapter 41 of the City's Municipal Code.
~. Environmental Review/Mitigation Monitoring Plan.
In connection with its approval of the Development, a
Final Environmental Impact Report ("EIR") was prepared and
certified by the city Council on ~F~!~ ~A ,1997.
Developer agrees to implement all those mitiga%ion measures set for
in the Mitigation Monitoring Plan attached here as Exhibit D.
9. Periodic Review of Compliance.
In accordance with Government Code Section 65865.1, the
City shall review this Development Agreement at least once each
calendar year hereafter. At such periodic reviews, Developer must
demonstrate its good faith compliance with the terms of this
Development Agreement. Developer agrees to furnish such evidence
of good faith compliance as the City, in the reasonable exercise of
its discretion and after reasonable notice to Developer, may
require. Developer shall be deemed to be in good faith compliance
with this Development Agreement if the City is not entitled by the
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509
terms and provisions of this Development Agreement to terminate
this Development Agreement. A failure of the city to timely
conduct a periodic review pursuant~tc this Section 15 shall not in
any manner constitute a default by the City or the Developer
hereunder or invalidate this Development Agreement or diminish,
impede, or abrogate ~rights and privileges of either party or
its successors and aSs'~gns hereunder.
10. Amendment or Cancellation.
This Development Agreement may be amended or canceled in
whole or in part only by mutual consent of the parties and in the
manner provided in Government Code Sections 65866, 65867 and
65867.5.
11. supersession of Development Agreement by changes in State or
Federal Law.
In the event that State or Federal laws or regulations
enacted after this Development Agreement have been entered into or
the action or inaction of any other affected governmental jurisdic-
tion prevents or precludes compliance with one or more provisions
of this Development Agreement so that required changes in plans,
maps or permits need to be approved by the City, the parties shall:
(a) Provide the other party with written notice of
such State or Federal restriction, provide a copy of such
regulation or policy as a statement of conflict for the
provisions of this Development Agreement; and
(b) Promptly meet and confer with the other party
in a good faith and make a reasonable attempt to modify or
suspend this Development Agreement to comply with such federal
or State law or regulation. Thereafter, regardless of whether
the parties reach agreement on the effect of such Federal or
State law regulation upon this Development Agreement, 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 Federal or State law or regulation.
12. Enforced Delay and Extension of Times of Perform&nee.
In addition to specific provisions of this Development
Agreement, performance by either party hereunder shall not be
deemed to be in default where delays or defaults are demonstrated
to be due to acts of God, war, acts or omissions of third parties
which are not a party to this Development Agreement, including but
not limited to, other governmental agencies, or other causes beyond
the reasonable control of Developer. Furthermore, performance by
either party will be excused if the failure to perform results from
an act or omission of the other party in breach of this Development
5i0
Agreement. (The foregoing references in the previous two sentences
are collectively referred to as a "Cause of Delay"). An extension
of time in writing for any such Cause of Delay shall be granted for
the period of the delay which results from such Cause of Delay or
longer as mutually agreed upon, which period shall commence to run
from the time of commencement of such Cause of Delay.
13. Notices.
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: Clerk of the Council
With a Copy to:
Executive Director of
Planning and Building Agency
Developer:
Discovery Museum of Orange County
an Exploratory Learning Center,
Discovery Science Center
201 E. Sandpointe, Suite 320,
Santa Ana, CA 92707
d/b/a
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 proce-
dure.
14. Assig~ent.
Developer's rights and obligations hereunder shall run
with the land, and shall be binding upon and inure to the benefit
of the Property and each portion thereof.
15. Default and Remedies.
(a) Notwithstanding any provision of this Development
Agreement to the contrary, 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 Council of the City finds and determines, on the
basis of substantial evidence, that Developer has not complied in
good faith with one or more of the material terms or conditions of
this Development Agreement and the City shall have first delivered
a written notice of any alleged default to Developer, which notice
shall set forth with specificity the nature of such alleged default
and the manner in which said default may be satisfactorily cured.
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(b) The City shall be deemed to be in default under this
Agreement, upon the occurrence of one or more of the following
events: "
(i) The imposition by the City upon Developer of
any ordinance,cr~e, regulation, policy or moratorium in
conflict with E~£S~ing Development Regulations or the terms of
thisDevelopmentAgreement. The City shall not be deemed to be
in default by reason of subsequent change of laws, rules,
regulations, or policies of another local agency or governmen-
tal entity not created or controlled by City which prevents or
precludes compliance by City or Developer with this Develop-
mentAgreement; the City agrees not to initiate or promote any
such changes without Developer's express written consent.
(ii) The failure by the City to perform any covenant
or obligation required by this Development Agreement in the
time and manner set forth herein, including, without limita-
tion, completing the public improvements required to be
constructed by the City as set forth above in Section 11(a).
(c) Subject to extensions of time by mutual consent in
writing, if a default as defined in subsection (a) or (b) above, is
not cured by the defaulting party within ninety (90) days of
service of a notice of default, or with respect to defaults which
cannot be cured within such period, the defaulting party fails to
commence to cure the default within thirty (30) days after service
of the notice of default, or thereafter fails to diligently pursue
the cure of such default until completion, the non-defaulting party
may terminate the defaulting party's rights under this Development
Agreement. In the event of a default by either party which is not
cured within the time prescribed hereinabove, the non-defaulting
party may undertake one or more of the following remedies:
(i) Terminate this Development Agreement by written
notice stating the grounds for such action; or
(ii) Institute an action for specific performance of
this Development Agreement, it being expressly agreed that, in
the event of a breach of this Development Agreement, irrepara-
ble harm is likely to occur to the nonbreaching party and
damages are not an available remedy.
(d) In no event shall either party be entitled to
damages against the other party based on the other party's default
under this Agreement.
16. Estoppel certificate.
Either party may, at any time, and from time to time,
deliver written notice to the other party requesting such party to
certify in writing that, to the knowledge of the certifying party,
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(i) this Development Agreement is in full force and effect and a
binding obligation of the parties, (ii) this Development Agreement
has not been amended or modified, and if so amended, identifying
the amendments, and (iii) the requesting party is not in default in
the performance of its obligations under this Development Agree-
ment, or if in default, to describe therein the nature and amount
of any such defaults. The party receiving a request hereunder shall
execute and return such certificate within ten days following the
receipt thereof. The City acknowledges that a certificate hereunder
may be relied upon by transferees and mortgagees of Developer.
17. Reoordat~on of Agreement.
This Development Agreement and any amendment and
cancellation hereof shall be recorded in the Official Records of
the County of Orange by the Clerk of the City within the period
required by Section 54868.5 of the Government Code.
18. Severability.
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 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.
X0. Cooperation in the Event of Legal Challenge.
In the event of any legal action instituted by any third
party challenging the validity or enforceability of any provision
of this Development Agreement, as the same may be amended from
time to time, or the adequacy of the EIR, the parties hereby agree
to cooperate in defending said action as set forth in this Section.
The City shall have the right, but not the obligation, to defend
any such action; provided, that without the Developer*s (and its
successors" and assigns~) prior written consent, which consent
shall not be unreasonably withheld, City shall not enter into any
settlement or compromise of any claim which has the effect,
directly or indirectly, of prohibiting, preventing, delaying, or
further conditioning or impairing the Developerts development, use,
or maintenance of any portion of the Property or impairing any of
the DeveloperSs rights hereunder. In addition, City shall provide
reasonable assistance to Developer in defending any such action,
such assistance to include (i) making available, upon reasonable
notice and compensation, City officials and employees who are or
may be witnesses in such action, and (ii) provision of other
information within the custody or control of City that is relevant
to the subject matter of the action and capable of disclosure, upon
9
payment or appropriate arrangements for payment of the costs of
duplicating documents.
Developer and its successors and assigns shall have the
right but not the ~gation to defend any such action. In this
regard, Developer's (and its successors' and assigns') right to
defend shall include the right to hire attorneys and experts
necessary to defend, the right to process and settle reasonable
claims, the right to enter into reasonable settlement agreements
and pay amounts as required by the terms of such settlement
agreements, and the right to pay any Judgments assessed against
Developer or City. Notwithstanding the foregoing, Developer and
its successors and assigns shall not settle or compromise any claim
or action filed against City without City's prior consent.
Developer shall indemnify and hold harmless city from and
against any claims, losses, liabilities, or damages assessed or
awarded against either of them by way of Judgment, settlement, or
stipulation arising out of this Development Agreement.
20. ~nforceability of Agreement.
The City and Developer and its successors and assigns
agree that unless this Development Agreement is amended or
terminated pursuant to the provisions of this Development Agree-
ment, this Development Agreement shall be enforceable by either
party hereto notwithstanding any change hereafter in any applicable
General Plan, redevelopment plan, specific plan or zoning ordi-
21. Cooperation; lxecution of Documents.
Each party shall execute and deliver to the other all
such other further instruments and documents as may be necessary to
carry out this Development Agreement in order to provide and secure
to the other party the full and complete enjoyment of its rights
and privileges hereunder.
22. Bntire Agreement; Waivers.
This Development Agreement is executed in two duplicate
originals, each of which is deemed to be an original. This
Development Agreement integrates all of the terms and conditions
mentioned herein or incidental hereto, and supersedes all
negotiations or previous agreements between the parties with
respect to all or any part of the subject matter hereof, excepting
only the other agreements referenced herein.
All waivers of the provisions of this Development
Agreement shall be in writing and signed by the appropriate
authorities of the City and Developer and its successors and
assigns, and all amendments hereto must be in writing and signed by
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the appropriate authorities of the city and Developer and its
successors and assigns.
23. Effective Date.
The Effective Date of this Development Agreement shall he
the date that the City Council ordinance adopting this Development
Agreement becomes effective, which date shall be thirty (30) days
after the City Council meeting at which such ordinance is adopted.
Notwithstanding the foregoing, the Effective Date shall be delayed
past the foregoing if by such date, Developer has not acquired fee
title to the Property or presented City with proof of consent to
recordation of this Agreement against all the Property by the fee
owner(s) thereof.
24. Rules of construation~ section Headings.
The singular includes the plural and the masculine gender
includes the feminine. Section headings used in this Development
Agreement are for convenience of reference only and shall not
constitute a part of this Development Agreement for any other
purpose or affect the construction of this Development Agreement.
25. Time of the Essence.
Time is of the essence regarding each provision of this
Development Agreement of which time is an element.
2~. Counterparts.
This Development Agreement has been executed in one or
more counterparts each of which has been deemed an original, but
all of which constitute one and the same instrument.
[Signature Page Follows]
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515
IN WITNESS WHEREOF, the undersigned have executed this
Development Agreement as of the day and year first above written.
ATTEST:
Clerk of the CcunciI~'
APPROVED AS TO FORM:
!
Joseph W~J Fletcher
City Attorney
CITY OF SANTA ANA
ayor
DISCOVERY MUSEUM OF ORANGE
COUNTY AN EXPLORATORY LEARNING
CENTER, D/B/A DISCOVERY SCIENCE
CENTER ~
Title
12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of ~
County of
personally
appeared
. = I~E(S) OF SIGNER(S)
l~personally known to me OR [] 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 ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(les), 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.
WITNESS my han~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
DESCRIPTION OF ATTACHED DOCUMENT
[] INDIVIDUAL
[] CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TrlLE{S}
[] PARTNER(S) [] LIMITED
[] GENERAL
[] AI-rORNEY-IN-FACT
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
[] OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
~IGNER IS REPRESENTING:
SIGNER(S) OTHER THAN NAMED AEOVE
~1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmel Ave.. PO. Box 7184 · Cano0a Park, CA 91309-7184
CALIFORNIA. ALL-PURPOSE ACKNOWLEDGMENT
Stale of California
County of Orange
wi~in i~em a~ ac~wled~d m me ~t
he/she/&ey e~cu~d ~e ~ in ~r/~elr
au~ofiz~ ~ciF(~), ~ ~t by ~s~r/~eir
si~e(~) on ~e ~ent &e ~r~n(~), or ~e
end~ u~n ~lf of w~ch &e ~r~n(~) ac~d,
e~cuted ~e i~ment.
WITNESS my hand and official seal.
518
VAN DELL AND ASSOCIATES, INC.
710.0200
PAGF. 1 OF 12
EXHIBIT
PARCEL 3, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE. STATE OF CALIFORNIA, AS SHOWN ON
A MAP FILED IN BOOK 116, PAGES 38 AND 39 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE INTERSECTION OF THE CENTERLtNES OF MAIN STREET AND EDGEWOOD
ROAD, AS SAID INTERSECTION IS SHOWN ON THE MAP OF TRACT NO. 139, FILED IN 8OOK 11, PAGE
36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY, CALIFORNIA; THENCE, ALONG THE CENTERLINE OF SAID MAIN STREET, NORTH 01'45'44"
EAST, 64.92 FEET; THENCE, AT RIGHT ANGLES TO SAID CENTERLINE, NORTH 88'14'16" WEST, 64.19
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A", SAID POINT BEING THE POINT OF
BEGINNING; THENCE, NORTH 36°31'59" WEST, 242.00 FEET; THENCE, NORTH 31°09'05' WEST, 400.16
FEET; THENCE, NORTH 58'50'55" EAST, 14.00 FEET; THENCE, NORTH 31°09'05* WEST, 145.87 FEET TO
A POINT ON THE CEN'i't~RLINE OF ARNo' I I DRIVE, 60.00 FEET WIDE AS SAID CENTERLINE IS SHOWN
ON SAID PARCEL MAP, SAID POINT BEING NORTH 87°16'36" WEST, 113.12 FEET FROM THE E~,STERLY
TERMINUS OF THAT CERTAIN COURSE SHOWN ON SAID PARCEL MAP AS HAVING A BEARING AND
DISTANCE OF "NORTH 87'15'34' WEST, 351.52 FEET'.
ALSO EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT THE HEREINABOVE DESCRIBED POINT "A" THENCE, NORTH 01'21'17' EAST 178.27
FEET; THENCE, NORTH 17'12'21" EAST, 50.55 FEET TO THE INTERSECTION OF THE WESTERLY
RIGHT-OF-WAY UNE OF MAIN STREET, SAID WESTERLY RIGHT-OF-WAY LINE BEING PARALLEL WITH
AND 52.00 FEET WESTERLY OF SAID CENTERLINE OF MAIN STREE'i' AS SHOWN ON SAID PARCEL
MAP.
CONTAINING 1.144 ACRES MORE OR LESS.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND
r-a, SEMENTS OF RECORD, IF ANY.
OATED THIS 3RD DAY OF APRIL. 1997.
EG I~ E, VAIl DELL, R.C.E. 12857
ISTR~TION EXPIRES 3131100
No. 12857
n ;,.o rc!e~_s t ? 10 _.:320C)',s u rv my ~legal$'.atllOCt s.lgl
._N 21'47'24°E
RA0.
PC/-- 3 29.~8'
L-50.71'
Parcel 1
1.144 AC. +
?CL. 2
. VAN DELL AND ASSOCIATES, INC.
710.0200
PAGE 3 OF 12
EXHIBIT
PARCELS I AND 2. IN THE CITY OF SANTA ANA, COUNTY OF ORANGE. STATE OF CALIFORNIA, AS
SHOVVN ON A MAP FILED IN BOOK 115, PAGES 38 AND 39 OF PARCEL MAPS, TOGETHER WITH THAT
PORTION OF LOT 1 OF THE POT]'S, BORDEN AND SIDWELL TRACT, AS SHOWN ON A MAP RECORDED
IN BOOK 4, PAGE 624, OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF
LOS .ANGELES COUNTY, CALIFORNIA, LYING WITHIN PARCEL 73153, AS SAID PARCEL IS DESCRIBED IN
THE FINAL ORDER OF CONDEMNATION, FILED IN SUPERIOR COURT CASE NO. 666111, IN ORANGE
COUNTY, A CERTIFIED COPY OF SAID FINAL ORDER BEING RECORDED AUGUST 18, 1993 AS
INSTRUMENT NO. 93-0555879 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER OF
OI:~d~IGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED
UNE:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF MAIN STREET AND EDGEWOOD
ROAD, AS SAID INTERSECTION IS SHOWN ON THE MAP OF TRACT NO. 139, FILED IN BOOK 11, PAGE
36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY, CALIFORNIA; THENCE, ALONG THE CEN'i'ERLINE OF SAiD MAIN STREET, NORTH 01'45'44"
EAST, 64.92 FEET; THENCE, AT RIGHT ANGLES TO ,SAID CENTERLINE' NORTH 88'14'16" WEST, ~4.19
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A". SAJD POINT BEING THE POINT OF
BEGINNING; THENCE, NORTH 36'31'59" WEST, 242.00 FEET; THENCE, NORTH 31'09'05' WEST, 400.16
FEJ:::-T; THENCE, NORTH 58'50'55" EAST, 14.00 FEET; THENCE' NORTH 31'09'05" WEST, 145.87 FEET TO
A POINT ON THE CENTERLINE OF ARNETT DRIVE, 60.00 FEET WIDE AS SAID CENTERLINE IS SHOWN
ON ,,SAID PARCEL MAP, SAID POINT BEING NORTH 87°15'~6" WEST, 113.12 FEET FROM THE EASTERLY
TERMINUS OF THAT CERTAIN COURSE SHOWN ON SAID PARCEL MAP AS HAVING A BEARING AND
DISTANCE OF 'NORTH 87"15'34" WEST, 351.52 FEET".
ALSO EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE FOLLOWING DESCRIBED
MNE:
COMMENCING AT THE HEP, E1NABOVE DESCRIBED POINT "A"THENCE. NORTH 01'21'17" F. AST 178.27
FEET: THENCE, NORTH 17"12'21" FAST, 50..~5 FEET TO THE INTE.RSECTION OF THE WESTERLY
RIGHT-OF-WAY LINE OF MAiN STREET, SAID WESTERLY RIGHT-OF-WAY LINE BEING PARALLEL WITH
AND 52.00 FEET WESTERLY OF SAID CENTERLINE OF MAIN STREET AS SHOWN ON SAID PARCEL
MAP.
CONTAINING 0,328 ACRES MORE OR LESS.
SUBJECT TO COVENANTS. CONDITIONS. RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND
BASEMENTS DF RECORD, IF ANY.
OATED THIS 3RD DAY OF APRIL, 1997.
/ JOHN E. VAN OELL R.C.~. 12857
REGIS~TION ~PIRES
n:'.,oi'olec:s',710_'32OO~u~'e y ~le~ a~',alloC:s .lgl
_ ~ I v~ caJ. ,v~ ,~soc~, ~ I Par,'e~ 2
.L~,e~I DISCOVERY SCIENCE
~.., ------ CENTER
522
VAN DELL AND ASSOCIATES, INC.
710.0200
PAGE 5 OF 12
· ./ I f,
E^H,B,T/
THAT PORTION OF PARCEL 4, IN THE CITY OF SANTAANA, COUNTY. OF ORANGE, STATE OF CALIFORNIA,
AB SHOWN ON A MAP FILED IN BOOK 116, PAGE.~ 38 AND 39 OF PARCEL MAPS, TOGETHER WiTH THAT
PORTION OF ARN~ ~ ~ DRIVE, 60.00 FEET WIDE. AS SAID STREET WAS RELINQUISHED TO THE CITY OF
SANTA ANA PER THAT CERTAIN DOCUMENT RECORDED OCTOBER 20, 1966 IN BOOK 8081, PAGE 331 OF
OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAiD COUNTY, TOGETHER
WITH THAT PORTION OF LOT 1 OF THE POTTS. BORDEN AND SIDWELL TRACT, AS SHOWN ON A MAP
RECORDED IN BOOK 4, PAGE 624, OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF MAIN STREET AND EDGEVVOOD
ROAD, AS SAID INTERSECTION IS SHOWN ON THE MAP OF TRACT NO. 139, PILED IN BOOK 11, PAGE
36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY, CALIFORNIA; THENCE, ALONG THE CENTE~LINE OF SAID MAIN STREET, NORTH 01°45'44"
EAST, 64.92 FEET; THENCE, AT RIGHT ANGLES TO SAID CEN'r'ERLINE, NORTH 88°14'15. WEST, 64.19
FEET; THENCE, NORTH 36'31'59" WEST, 242.00 FEET; THENCE, NORTH 31°09'05. WEST, 209.36 FEET
TO THE POINT OF BEGINNING; THENCE, CONTINUING NORTH 31°09'05. WEST, 190.80 FEET; THENCE,
NORTH 58'50'55' EAST, 14.00 FEET; THENCE, NORTH 31'09'05' ',/VEST, 145.87 FEET TO A POINT ON
THE CENTERENE OF ARN~-~ I DRIVE, 60.00 FEET WIDE AS SAID CENTERLINE IS SHOWN ON SAID
PARCEL MAP, SAID POINT BEING NORTH 87°15'36" WEST, 113.12 FE='-I', ALONG SAID CENTERLINE,
FROM THE EASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN ON SAID PARCEL MAP AS
HAVING A BEARING AND DISTANCE OF "NORTH 87'15'34" WEST, 351.52 FEET"; THENCE, CONTINUING
NORTH 31'09'05' WEST, 50.02 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHERLY
AND HAVING A RADIUS OF 88.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH
15'53'58" WEST; THENCE, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07'39'43"
AN ARC DISTANCE OF 11.77 FE=--r; THENCE, TANGENT TO SAID CURVE SOUTH 81°45'45. EAST, 27.97
FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE SOU~STERLY AND HAVING A
RADIUS OF 300.00 FEET; THENCE SOUTHE.~.STEP, LY AND SOUTHERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 33°41'45" AN ARC DISTANCE OF 176.43 FEET; THENCE, TANGENT TO SAID
CURVE, SOUTH 48°04'00" EAST. 106.67 FEET; THENCE. SOUTH 45°43'26" EAST, 23.77 FEET; THENCE,
SOUTH 47°57'00" EAST, 42.55 FEET TO A POINT CNA NON-TANGENT CURVE, CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 525.00 F=-ET, A RADIAL LINE OF SAID CURVE TO SAID
POINT BE.~,RS SOUTH 40'26'23" WEST; THENCE, SOUTHE.'~,STERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 12°00'30" AN ARC DISTANCE OF 110.24 PEET TO A POINT ON A NON-TANGENT
CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 81.00 FEET, A RADIAL LINE OF SAID
CURVE TO SAID POINT BEARS SOUTH 30'47'49" WEST; THENC~ E,",STERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 2'7'17'49" AN .ARC DISTANCE OF 29.06 FEET; THENCE, TANGENT TO
SAID CURVE NORTH 86°30'00" FAST, 5.37 FEET TO A LINE THAT IS PARALLEL WITH AND 70.00 FEET
WESTERLY OF THE CENTERLINE OF SAID MAIN STREET,; THENCE, ALONG SAID PARALLEL LINE,
SOUTH 01'45'44' WEST, 50.22. FEET; THENCE, SOUTH 4~.°19'45. EAST, 24.98 FEET TO A LINE THAT IS
PARALLEL WITH AND 52.00 FEET WESTERLY CF THE CENTE,=,LINE OF SAID MAIN STREET; THENCE,
ALONG SAID PARALLEL LINE, SOUTH 01~44'45" WEST, _~.79 FE---'T' TO THE NORTHEASTERLY CORNER
OF PARCEL 3 OF SAID PARCEL MAP, SAID POINT BEING ON A POINT OF CUSP ON TANGENT CURVE.
CONCAVE SOUTHWESTERLY ,~ND HAVING A RADIUS CF 25.00 FEET; THENCE, ALONG THE
NORTHE.ASTE~LY AND NORTHWESTERLY LINES CF SAID PARCEL 3 THE FOLLOWING FIVE (5)
COURSES:
1) NORTHWESTERLY ,ALONG SAID CURVE TH;ROUGH A C=NTRAL ANGLE OF 70°20'12'' ,AN .ARC
523
VAN DELL ,AND ASSOCIATES, INC.
..×HIBIT 71o.?.o
"~ PAG," o OF 12
DISTANCE OF 30.70 FEc--T';
TANGENT TO SAID cUF~vF.. NORTH 88'36'28" WEST, 29,48 FEET TO A POINT ON A
NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 150.00 FEET,
A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SO _U'?H 21'4/"24" WEST;
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20'00'00" AN ARC
DISTANCE OF 52.36 FEET;
4)
TANGENT TO SAID CURVE NORTH 48'12'36" WEST, 78.50 FE=--T';
sOUTH 55'45'28" WEST, 158.07 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.302 ACRES MORE OR LESS.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND
EASEMENTS OF RECORD, IF ANY.
DATED THIS 3RD DAY OF APRIL, 1997,
.~HN F.- VAN D~I,. R.C.E' 12857
~'--.'/REGI$'TRATION EXPIRES 3.~1100
~4
Parcel
I.:~02 AC.
/
/
/
/
/
/
?
?
/
/ /
/
/
/
/
/
\
C~ of
/~m~ta Arm
MAIN STREET
VAN DELL AND ASSOCIATES, INC.
710.0200
PAGE 8 OF 12
THAT PORTION OF PARCEL 4, IN THE CITY OF SANTA AN& COUNT~. OF ORANGE, STATE. OF CALIFORNIA,
AS SHOWN ON A MAP FILED IN BOOK 116, PAGES 38 AND 39 OF PARCEL MAPS, TOGaS'HER WITH THAT
PORTION OF ARN:) I DRIVE. 60.00 FEET WIDE, AS SAiD STREET WAS RELINQUISHED TO THE CITY OF
SANTA ANA PER THAT CERTAIN DOCUMENT RECORDED OCTOBER 20, 1966 IN BOOK 8081, PAGE 331 OF
OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER
WITH THOSE PORTIONS OF LOTS 1 AND 27 OF THE POTTS, BORDEN AND SIDWELL TRACT, AS SHOWN
ON A MAP RECORDED IN BOOK 4, PAGE 624, OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE
COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF MAIN STREET AND EDGEWOOD
ROAD, AS SAID INTERSECTION IS SHOWN ON THE MAP OF TP~CT NO. 139, FILED IN BOOK 11, PAGE
38 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY, CALIFORNIA; THENCE, ALONG THE CENTERLINE OF SAiD MAIN STREET, NORTH 01°45'44''
EAST, 64.92 FEET; THENCE, AT RIGHT ANGL.=.S TO SAID CENTERLINE, NORTH 88"14'16" WEST, 64.19
FEET; THENCE, NORTH 36'31'59' WEST, 242.'30 FEET; THENCE. NORTH 31°09'05" WEST, 400.16 FEET
TO THE POINT OF BEGINNING; THENCE~ NC,~TH 58'50'55" EAST, 14.00 FEET; THENCE, NORTH
31'0~05' WEST, 145.87 FEET TO A POINT ~]~ THE CENTERLJNE OF ARN~I ~ DRIVE, B0.00 FEET WIDE
AS SAID CENTERLINE IS SHOWN ON SAID; ;RCEL MAP, SAID POINT BEING NORTH 87'15'36' WEST,
113.12 FEET, ALONG SAID CENTERLINE, FF 'M THE EASTERLY TERMINUS OF THAT CERTAIN COURSE
SHOWN ON SAID PARCEL MAP AS HAVING BEARING AND DISTANCE OF "NORTH 87'15'34" WEST,
351.52. FE:I"; THENCE, CONTINUING NORT, 31°09'05" V~EST, 60.02 FEET TO A POINT ON A
NON-TANGENT CURVE. CONCAVE NORTHF_~ STERLY AND HAVING A RADIUS OF 88.00 FEET, A RADIAL
LINE OF SAID CURVE TO SAJD POINT BEAR~; SOUTH 15°53'58" WEST; THENCE, NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL qNGLE OF 34'33'08' AN ARC DISTANCE OF 53.07 FEET;
THENCE. TANGENT TO SaJD CURVE NORTH 39°32'54" WEST, 71.43 FEET; THENCE, SOUTH 85'18'14"
WEST, 10.14 FEET; THENCE, NORTH 89"21'07' WEST, 44.36 FEET; THENCE, SOUTH 01°45'17'' WEST,
33.01 FEET; THENCE, SOUTH 38'18'53" EAST, 298.68 FEET; THENCF~ NORTH 58°45'52' E.~,ST, 44.48
FEET; THENCE, SOUTH 37'49~3" F-~ST, 17.68 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.504 ACRES MORE OR LESS.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND
EASEMENTS OF RECORD, IF ANY.
DATED THIS 3RD DAY OF APRIL, 1997,
/' JOHN F_ VAN 0ELL, F,.C.-: 12857
.~,REGISTRATION EXPIRES 3/31/00
Parcel 4
0,504 AC. :l: ~
DISCOVEFtY SCIENCE
CENTER
VAN DELL AND ASSOCIATES, INC.
710.0200
PagE 10 OF 12
EXHIBIT
THAT PORTION OF 3'HE RESUBDIVISION OF THE SHAFER TRACT, AS SHOWN ON A MAP FILED IN BOOK
4, PAGE 44 OF MIBCE~--L-~J~EOUS MAPS, TOGETHER WITH THAT PORTION OF TP~CT NO. 512, AS SHOWN
ON A MAP FILED IN BOOK 19. PAGE t6 OF MISCELt-~,NEOUS MAPS, AND TOGETHER WITH THAT PORTION
OF ROE DRIVE` AS VACATED BY RESOLUTION NO. 83-38 OF THE CITY OF SANTA ANA. RECORDED APRIL
1, 1983 AS INSTRUMENT NO, 83-137946 OF OFFICIAL RECORDS, ALL IN THE CITY OF SANTA AN~ COUNTY
OF ORANGE` STATE OF CAMFORNIA AND ALL AS DESCRIBED AS "PARCEL 1" AND "PARCEL 2" IN DEEDS
TO THE STATE OF CALIFORNIA (STATE PARCEL NO. 73158) RECORDED MAY 15, 1991 AS INSTRUMENT
NO.S 91-236909 THROUGH 91-236915, INCLUSIVE, OF OFFICIAL RECORDS AND AS ALL IN THE OFFICE OF
THE COUNTY RECORDE,~ OF SAID COUNTY, LYING NORTHEASTERLY OF THE FOLLOWING DESCPJBED
UN~'
COMMENCING AT THE CENTERLINE INTERSECTION OF OWENS DRIVE AND MAIN STREET, SHOWN
ON A MAP OF RECORD OF SURVEY NO. 89-1000, FILED IN BOOK 122. PAGE 23 OF RECORDS OF
SURVEY, IN SAiD OFFICE OF THE COUNTY RECORDER; THENCF~ ALONG THE CENTERLINE OF SAID
OWENS DRIVE NORTH 88'14'44" WEST, 627.32 FEET OF A POINT OF INTERSECTION WITH THE
NORTHERLY PROLONGATION OF THE CENTERLINE OF BROADWAY, AS SAID CENT~RLINE IS SHOVVN
ON A MAP OF RECORD OF SURVEY NO. 88-1045, FILED IN BOOK 121, PAGE 11 OF RECORDS OF
SURVEY, AND ON A MAP FILED IN BOOK 7, PAGE 21 OF PARCEL MAPS, BOTH IN E~JD OFFICE OF THE
COUNTY RECORDER, THE BEARING OF SAID LAST MENTIONED POINT ALONG SAID CENTERLINE AND
THE NORTHE~LY PROLONGATION THEREOF TO THE CEN I ~.RLINE INTERSECTION OF BROADWAY
AND SANTA CLARA AVENUE AS SHOWN ON SAID RECORD OF SURVEY NO. 88-1045 BEING SOUTH
01'54'45' WEST; THENCE, CONTINUING ALONG THE CENTERLINE OF SAID OWENS DRIVE AND ITS
VVESTEP. LY PROLONGATION, NORTH 88'14'44' WEST, 401.03 FEET TO A POINT ON A NON-TANGENT
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 14915.58 FEET, A RADIAL LINE OF
SAID CURVE TO SAID POINT BEARS sOUTH 54°54'04" WEST, SAID LAST MENTIONED POINT BEING
THE POINT OF BEGINNING; THENCE soUTHF_~STERLY ALONG SAID CURVE THROUGH A CENTRAl_
ANGLE OF 01-22'03" AN ARC DISTANCE OF 356.00 FEET; THENCE` TANGENT TO SAID CURVE, SOUTH
36'27'59' F_~ST, 63.76 FEET TO A POINT HEREINAP 1 cP, REFERRED TO AS POINT 'A~, THENCE,
CONTINUING SOUTH 36'27'59' =_~,ST, 2.31.56 FE=-T TO A POINT ON SAID NORTHERLY PROLONGATION
OF THE SAID BROADWAY, SAID POINT BEING DISTANT SOUTH 01°54'45" WEST, 514.31 FEET, ALONG
SAID NOR~'H-~RLY PROLONGATION, FROM THE POINT OF INTERSECTION WITH OWENS DRIVE.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT ~dD H.--REINABOVE MENTIONED POINT "A", SAID POINT BEING ON A NON-TANGENT
CURVF. CONCAVE SOUTHE,~LY AND HAVING A P~DIUS OF 515.50 FEET, A RADIAL LINE OF SAID
CURVE TO SAID POINT S=--~RS NORTH 08'03'00" WEST; THENCE, [kSTERLY ALONG SAID CURVE
5Z3
EXHIBIT
VAN DELL AND ASSOCIATES. INC.
710.0200
PAGE 11 OF 12
THROUGH A CENTRAL ANGLE OF 11'06'14" AN ARC DISTANCE OF 99.90 FEE3". 'TO THE EASTERLY LINE
OF SAID PARCEL 73158.
CONTAINING 1.342 ,ACRES MORE OR LESS.
SUBJECT TO COVENANTS, CONDI~ONS, RESERVATIONS, REST"RI~;~ONS, RIGHTS OF WAY AND
EASEMENTS OF RECORD, IF ANY.
DATED THIS 3RD DAY OF' APRIL, 1997.
No. 12857 r'"
OWENS DRIVE
1.34.2 AC. ±
VAN ~ A~) ASSOOATES, h~. Parcel 5
DISCOVERY SCIEtqCE~w~' ~
MALNP~ACF:: 0~.
MEMC~Y LN.
N ~
SANTIAGO PK.
PArcats
Ex~sfing P~destdan
~dage
Bridge (Ph~e tl}
Eikeway
=C,G fi:NC C 2
~XHIBIT B
SCOPE AND PHASES OF DEVELOPMENT
Soope of Development: Science center and ancillary uses es defined
by $~C Section 41-122.
Phase I:
Site:
Existing Structure:
Expansion Area:
Total Phase I=
Other Features:
Perking Required:
Parking Provided:
3.5 acres
40,000 square feet
19,205 square feet
59,205 gross square feet
Exterior cube with neon !!ghu bands
3,500 square feet dining area
Gift shop
Office and a~%ibit szorage s~acs
169 automobiles
173 automobiles
bus drop off area
off site bus parking
Phase II:
Site:
Maximum Additional
Uses and Construction:
Total new construction:
Maximum Total Buildout
1.9 additional acres
(total 5.45 acres)
(I
30,000 square feet of exhibiu area,
dining and administrative ~fflzss
350 seat theater ~10,00c square
feet)
40,000 square feet
II): 99,205 gross square feet
GENERAL NOTES:
~~l ~.~ [~ .~
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546
CITY OF SANTA .&N'A
MITIGATION MONITORING AND REPORTING PLAaN
FOR THE EN'v-[RONMENT.-kL IMPACT REPORT (EIR 96-1)
FOR TI-YE DEVELOPN[ENT OF TI-III
DISCOVERY SCIENCE CENTER, SAaNTA ANA
Prepared for:
City of Santa Aha
Planning DiviMon
206 West Fourth Street, 4th Floor
Santa Aha, CaLifornia 92702
Prepared by:
Jones & Stokes Associates, Inc.
2151 Michelson Drive, Suite 236
Irvine, California 92612
(714) 260-1080
March 1997
INTRODUCTION
The State of Caiifornia Public Resources Code Section 21081.5 requires that a Lead or
Responsible Agency adopt a mitigation monitoring or reporting pm~am when approving or can'ying
out a project where an environmental document, either an Environmental Impact Report i EIR) or
a Mitigated Negative Declaration, has identified measures to reduce potential adverse environmental
impacts to ieve~ that are less than significant. The City of Santa .4.aa (City. i is the Lead Agency for
the Discovery. Science Center project, and therefore, is responsible for implementation of the
*litigation Monitoring Program (MlvIP). An EIR. has been prepared for this project which addresses
the potential environmental impacts and, where appropriate, recommends measures to mitigate these
impacts. As such preparation cfa MMP is required to ensure that adopted mitigation measures are
successfully implememed. This document lis'ts each mitigation measure and describes the methods
for implementation and verification, as well as the responsible parties involved.
PROJECT DESCRIPTION
The applicant proposes to develop the 5.4-acre sire with a 95,000 square foot (st) Discovery
Science Center (Center) consisting of e.vdxibit space and food service, a science store, classrooms,
a multi-purpose room, a 350-seat large forroat theater, and a multi-level parking structure.
Phase I includes the rehabilitation of the existing 40,000 sf building and the addition of
15,000 sr. This phase will provide parking for 165 cars and a bas/passenger droP'offarea, with bus
larking to be located off-site. A cube-shaped structure (70 feet on a side) will also be consu'ucted
in this phase and will be located on the south side of the building to se,we as the icon for the Center.
Phase I will accommodate approximately 250,000 patrons annually.
Phase II will include an additional 30,000 sf of exhibit area; 1,200 sf of expanded dining
area; 1,000 sfofstore area; and a 350-seat large-screen theater. A multi-level parking structure will
be constructed on an adjacent parcel across Santiago Creek that will be accessible fi.om a new
vehicular bridge and an existing footbridgetbike path. At build-out the entire rte will have over 500
parking spaces. Phase LI expects approximately 750,000 visitors annually.
MONITORING .-~.ND REPORTLN'G PROCEDURES
The MIvlP for the development of the Discovery Science Center will be [n place throughout
all phases of the project including design, construction, and operation. The Ci~ shall be responsible
tbr h'nplementation of and compliance with the provisions contained within the .MNIP. The City. may
delegate monitoring activities to starT, consultants, or comractors. The Cit' ~'ill also ensure that
monitoring is documented through periodic reports and that violations are promptly corrected. The
dasignated environmen~ monitor will track and document mitigation efforts, noting any problems
'.hat may arise and taking appropriate action to recti~ them. Adherence re mtigation requirements
shall be documented on the compliance verification form.
The primary. Ci.ry personnel responsible for verifying compiian, ce '~5th the mitigation
measures are listed below. The Environmental Coordinator. Planning Division. Planning and
'547
:5.48
Building Agency will have the pdmac.' :oie or'coordinating the compliance verifications of these
parties. These parties, or designateci ~signees. have the author/fy and responsibiii~ for ensuring
that the mitigation measures are proper'2y :.~.piemented.
Planning and Building Agency
Plarming Manager
Senior Planner
Environmental Coordinator
Case Planner
Landscape Associate
Public Workz Agency
Development Engineerin~ Division
Engineering Services Man.er
Enterprise Coordinator
Community Development Agency
Administrative Services Manager
Recreation and Community Services Agency
Operations Manager
Fire Department
Fire Prevention Division Fire Marshal
Police Department
~gmmunirv Services Section
Community Services Specialist
Buildine Division
Inspection Services Manager
Senior Plan Check Engineer
Water Resources Division
Water Resources Manager
Field Overations Division
Captain
MITIGATION MONITORING PLAN I.MPLE.MEN-f'ATION
[n the foilowing MMP. eacS. mitigation measure included in [he EIR is tisted by resourc~
area. Implementation or'most mitigation measures in this plan is the responsibility, orr. he Discovery
Science Center, with oversight and verification by the City,.
Certain inspechons and reports require preparation by qualified individuals, and these are
specified as needed. The timing and me,od of verification are provided with/n this plan, along with
the parties responsible for implementation and monitoring of the mitigation measure to determine
whether the measure has been satisfactorily implemented. Satisfactory implementation of a
mitigation measure is to be indicated through the use of the compliance verification form, which
must be signed by the responsible party(s) upon completion.
549
IVlI'I'I¢~A'I'ION M¢)NI'I'OIIIN¢; ANI) III~I'OI~'I'ING PLAN I~Oll 'I'IIE Elll I~OII '1'! I I,'. I)I~VI~L.OI'MI£N'I' (~1~' '1'111~:
I~15~:()V!~:1~¥ .~(~'11~N(-'i~ (.~i~N'l'l~ll IN 'i'l I I,: (:1'1'¥ ()1~' SAN'I'A ANA
,i
Alilicuti.. ~lca~u,'~ Timiaq~ (Jr Jmplcmcnlatiotll Method (,f Vcrificali(m
Vcrification KCSlm'siblc
hlitil~aliul~ Mcasus'cs
Timiog of |mpl~laeoiaiimi/
¥¢ril'u:atioo
Plaa ,=*--.'~. imv,x' to i,,~,,.,...., ur I~ildini
i.:mdt (mm: m~ pima) ami C~til'~ca~¢ of
Method of Verificalioe
I{csiomsihh: Parlie[
Plmt cL*cc~; L~i~ lo i~um~: of
Appli~;mll
554
DISCOVERY SCIENCE CENTER )lITIGATION .MONITOFLING PROGR_4_M
COMPLI.--~x~'CE VERIFICATION FO1LM
Impact Issue ~Eanh, Water, Traffic, e~,c.):
Mitigation .¥Ie~cre ~:__
Location: On~ite
Offsite. Administrative
Pr~ect Phase: Design
Construction
Operation
Description of Activity. tMethod of Implementation:
Disposition:
Mitigation measure for the above-noted project phase implemented. No thr'd~er action
required.
Mitigation measure for the above-noted project phase is not 5Aly ;mplemented. Further
action required. (Please explain below)
__ The mitigation measure for the above-noted project phase !s zct Lu compliance. Further
action required. (Please explain below)
Commen~s/Revisions:
Completed by: Name:
Tide:
Date:
Approved by:
Title:
Date:
555
Environmennal impact Repor~ Nc. 96-01~
~Variance No. 97-03, and Abandonment No.
March 24, 1997
Page
Devel,~pmen= 3.qreemen= Nc.
97-01
Ae
That ~ecause of special circumstances applicable to the eubjecn
proper~y, including size, shape, topography, location or surroundings,
the strict application of the zoning ordinance is found to deprive the
subject property of privileges not otherwise at variance with the
inten: and purpose of the provisions of this chapter;
The restricted site's geometrics are the result of the freeway
widening project and the Santiago Creek bed. The strict
application of the zoning ordinance to this site would res=rio=
full property privileges.
That =he granting of a variance is necessary for uhe preservation and
enjcymen~ of one or more substantial property rights;
The proposed development project would not be feasible withcu%
granting the variances needed, the project meets all other
applicable standards of development.
That the ~ranting of a variance will not be materially detrimental
the public welfare or injurious to surrounding proper~y;
The proposed development project has compensated to the maximum
ex=en~ possible the landscape reductions created by ~he
variances. Additional landscaping has been provided in other
areas of the site where the restricted geome~rics allowed i~.
?he off-site location of bus parking is in a public facilicy,
readily accessible via major arterials, without any detriments!
impacts to the public welfare.
That ;he granting of a variance will no= adversely affect the General
Plan of =he City;
The proposed project is a permitted usa under nhe Professional
and Administrauive Office (PAO) Genera! Plan designs=ion f=r
~his area. Being the type of use envisioned by the Land Use
Element for this district, ~he projec~ advances ~he
implementation of the General Plan goals, the variances granted
u= nhis projec~ will ncc have any ie=rlmen=a! affac~ on the !cng
~arm ~oals of nhe General Plan.
EXHIBIT 6
556
Envir=r~en=al Impact Report No. 96-01, Deve!cpmen= Aqreamenu Nc. 97-01,
Variance No. 97-03, and Abandonment No. 97-0!
March 24, 1997
Page !
Conditions for Annroval
Should Variance No. 97-03 be approved, the project must comply with all
applica~!e sections of the Santa Ana Municipal Code, the California
Adminis:ranive Code, the Uniform Fire Code, the Uniform Building Code, and
all other applicable regulations. In addition, it shall meet =he
following:
A. P!annina Division
Comply with all Agencies condiuions
D27. Any changes or modifications
Planning Commission.
approval fo
~. =e approved by
Relocate ~hree landscape plan=ers from ~he parking
olustered along the bike path bend =o ' ===~ .
uu .... ~he oarkinc
v~ew to the recreational trail.
2. Comply with all the mitigation measures of EIR No. 96-.301.
Prior to issuance of building permits, the !ct line adjus=menns,
all deed restrictions, covenants and dedications rs!sued zo
project must be legally recorded with che County of Orange,
Sections 202(a), 30~, and 504.
4. Czmply with conditions of approval of Variance No. 9~-.22
B. ?ublio Works
Prl.r no site plan approval:
I. Add Note to Site Boundary Easement and existing Utiiiulss:
"Provide a water easement
inch city wausr line, up to and including wauar meter and 5wc
inch service for bike
_.~ Aid NOtS Zo ~7.~ :*i'=e Plan":
"Private firs hydrant shall no= be :cnnecnsd uo pu~llu water
main. All private firs lines ~ha!! be connected to firs service
~i=h detector check. The size of ~he fire service dau~rmined ny
Fire Department."
EXHIBIT 7