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HomeMy WebLinkAboutKAISER FOUNDATION HEALTH PLAN, INC. (2)RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.O. Box 1988 Santa Ana, California 92702 FREE RECORDING GOVERNMENT CODE § 6103 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND KAISER FOUNDATION HEALTH PLAN, INC. . This DEVELOPMENT AGREEMENT ("Agreement") is entered into between THE CITY OF SANTA ANA, a charter city ("City") and KAISER FOUNDATION HEALTH PLAN, INC., a California non-profit corporation ("Owner" or "Property Owner"). RECITALS. The Agreement is entered into with reference to the following facts: 1.1 Code Authorization. City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and Owner in the development process. City enters into the Agreement pursuant to the provisions of the Government Code and applicable City policies. The parties acknowledge- (1) This Agreement is intended to assure adequate public facilities at the time of development_ (2) This Agreement is intended to assure development in accordance with City's General Plan, applicable Specific Plans and Capital Improvement Plan. (3) This Agreement will permit achievement of goals and objectives as reflected in the City's General Plan and all applicable Specific Plans. (4) Owner is required by existing City regulations to provide mitigation for certain impacts and pay certain regulatory fees as conditions of approvals through the regulatory process. (5) This Agreement will allow City to realize extraordinary and significant public infrastructure facilities and other supplemental benefits in addition to those available through the existing regulatory process. 179 AA 98-17lGPA 98-4 EXHIBIT 8 (6) Many of the extraordinary and significant benefits identified as consideration to City for entering into this Agreement are of regional significance, relate to existing deficiencies in public facilities, require Owner to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. 1.2 Owner. Owner represents and warrants that it has a legal or equitable interest in the real property located in City of Santa Ana, California, legally described on Exhibit A attached hereto and incorporated herein, and graphically described on Exhibit B attached hereto and incorporated herein (hereinafter the "Property'). The Property consists of approximately 8.72 acres, located at the southeast intersection of Harbor Boulevard and MacArthur Avenue. The Owner desires to develop the Property with a medical facility of approximately 80,000 square feet with on -site parking. 1.3 Interest of Owner. Owner hereby represents that it has an equitable and legal interest in the Property. Owner further hereby represents that it has approved this Agreement and is authorized to enter into this Agreement. 1.4 Planning Commission - Council Hearings. On September 14, 1998, the Planning Commission of the City ("Planning Commission"), after giving notice pursuant to Government Code Sections 65090 and 65 09 1, held a public hearing to consider the Owner's application for this Agreement. The Planning Commission recommended to the City Council of City that it execute this Agreement. On October 5, 1998, the City Council of the City of Santa Ana ("Council"), after providing notice as required by law, held a public hearing to consider the Owner's application for this Agreement. 1.5 Council Findings. The Council finds that this Agreement is consistent with the General Plan, applicable Specific Plan(s) as well as all other applicable ordinances, plans, policies and regulations of the City. 1.6 City Ordinance. On October 19, 1998, the Council adopted Ordinance No. approving this Agreement. The ordinance becomes effective on November 18, 1998. 2. DEFINTTIONS. In the Agreement, unless the context otherwise requires: 2A "Final Design" means the final design documents for the off -site storm drain system including catch basins, to be constructed along Harbor Boulevard between Sunflower and the Property, as prepared by Owner and approved by City, which are set forth in greater detail in paragraph 5.8 of this Agreement. 2.2 "Property Owner" or "Owner" means Kaiser Foundation Health Plan, Inc., being the person, persons, or entity having a legal or equitable interest in the Property, and includes Kaiser Foundation Health Plan, Inc.'s successors in interest. .S 2 2.3 "Property" is the real property described in Exhibit A and referred to in Exhibit B. 2.4 "Project" is the development of the Property as generally set forth in GPA No. 98-04, AA No. 98-11 for the change of zoning district, and the Project Description as set forth in the negative declaration for the Project. 2.5 Storm Drain Locational Plan means the conceptual Storm Drain Plan attached hereto as Exhibit C. The parties recognize that the Storm Drain Locational Plan sets forth the public facilities which will be required for the ultimate build -out of the City's Master Plan of Drainage. The general description, process and allocation of costs contained in the Storm Drain Locational Plan are further explained and identified in this Agreement as Exhibit C attached hereto and incorporated herein. 3. EXHIBITS. The following documents referred to in the Agreement are attached to this Agreement and are identified as follows: Exhibit Referred to Desi n� DescriLtion in Section A Property Legal Description 1.2 B Property Graphical Description (Site Plan) 12 C Storm Drain Locational Plan 2.5 4_ GENERAL PROVISIONS. 4.1 Property Subject to the Agreement. Until released pursuant to the provisions of Section 9.3 below, no property shall be released from this Agreement until Property Owner has fully performed its obligations arising out of the Agreement. 4.2 Duration of Agreement. The term of the Agreement shall commence on, and the effective date of the Agreement shall be, the effective date of City Ordinance No. as set forth in Section 1.6 above, and the term shall extend for a period of five (5) years following the effective date unless the Agreement is earlier terminated, or its term modified of fully executed by both parties; provided, however, that nothing herein is intended nor shall it be interpreted to extend the period of validity of any approval issued in conjunction with the City's Development Project Plan process or building permit, beyond local requirement. 4.3 Assignment. Owner shall have the right to transfer or assign the Property in whole or in part, to any person, entity (public or private), partnership, joint venture, firm or 181 v 9 corporation at any time during the term of this Agreement; provided, however, the rights of Owner under this Agreement may not be transferred or assigned unless the written consent of the Council is first obtained and any transfer or assignment of the rights under this Agreement shall include in writing the assumption of the duties, obligations, and liabilities arising from this Agreement if the City grants written consent to transfer the rights. Nor shall the rights of the Owner hereunder be subject to assignment by attachment, execution, or proceedings under any provision of the Bankruptcy Act, and any such assignment or transfer shall be wholly void and of no force and effect unless such written consent thereto be obtained from the Council. Such transfer or assignment shall not relieve Owner of any duty, obligation or liability to City without the consent of the City. During the term of this Agreement, any approved assignee or transferee of the rights under this Agreement shall observe and perform all of the duties and obligations of Owner contained in this Agreement as such duties and obligations pertain to the portion of the Property transferred or assigned. Any and all approved successors and assignees of Owner shall have all of the same rights, benefits, duties, obligations, and liabilities of Owner under this Agreement. If the Property is subdivided, any subdivided parcel may be sold, mortgaged, hypothecated, assigned, or transferred to persons for development by them in accordance with the provisions of this Agreement. Upon assignment or transfer of the rights of Owner under this Agreement, the obligations of Owner and the transferee or assignee shall be joint and several. 4.4 Amendment or Cancellation of Agreement. This Agreement may be amended from time to time or cancelled by the mutual consent of the parties, but only in the same manner as its adoption by an ordinance as set forth in Government Code Section 65868. The term "Agreement" or "Development Agreement" as used herein shall include any amendment properly approved and executed. 4.5 Enforcement. Notwithstanding Government Code Section 65865.4, this Agreement is enforceable by any party to the Agreement in any manner provided by law. The remedies provided in Section 8A of this Agreement shall not include, and City shall not be liable for, any action in damages or any costs or attorney's fees resulting from any dispute, controversy, action or inaction, or any legal proceeding arising out of this Agreement except as may be provided in Section 6.3(5) of this Agreement. 4.6 Hold Harmless. Property Owner agrees to and shall hold City, its officers, agents, employees, consultants, special counsel, and representatives harmless from liability: (1) for damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Property Owner or their contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the Project; and (2) from any claim that damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. Property Owner agrees to pay all costs for the defense of the City and its officers, agents, employees, consultants, special counsel, and representatives regarding any action for damages, just compensation, restitution, judicial or equitable relief caused or alleged to have been caused by reason of Property Owner's actions in connection with the Project, any claims arising out of this Agreement, or any approval or 4 182 certification by the City relating to the Project. This hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this paragraph or due by reason of the terms of, or effects, arising from this Agreement or any approval or certification by the City relating to the Project, regardless of whether or not the City prepared, supplied or approved this Agreement, plans or specifications, or both, for the Project. The Property Owner further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement or any approval or certification by the City relating to the Project, or asserting that damages, just compensation, restitution, judicial or equitable relief is due to personal or property rights by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 4.7 Binding Effect of Agreement. To the extent not otherwise provided in Section 4.3 of this Agreement, the burdens of the Agreement bind, and the benefits of the Agreement inure, to the parties' successors in interest. 4.8 Relationship of the Parties. The contractual relationship between City and Owner arising out of the Agreement is one of independent contractor and not agency. This Agreement does not create any third party beneficiary rights. 4.9 Notices. Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsirnile or other telegraphic communication in the manner provided in this Section, to the following persons: Tf to City, to: City Manager City of Santa Ana 20 Civic Center Plaza M-31 P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6954 City Attorney City of Santa Ana 20 Civic Center Plaza M-29 P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 5 183 If to Owner, to: and, Richard R_ Miller, Jr., Ph.D. Land Use Manager Kaiser Permanente Facilities Services 393 East Walnut Street Pasadena, California 91188 telefacsimile (626) 685-3910 Stephen Doshay, Counsel Kaiser Permanente Legal Services Department 393 East Walnut Street Pasadena, California 91188 telefacsimile (626) 405-5221 A parry may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above_ For purposes of calculating these time frames, weekends, federal, state, County, or city holidays shall be excluded. 5. DEVELOPMENT OF THE PROPERTY_ 5.1 Rules, Regulations and Policies. The rules, regulations and official policies governing the permitted use(s) of the Property, with respect to and only with respect to the density and intensity of use of the Property, shall be those rules, regulations, and policies applicable to the Property as of (a) the effective date of this Agreement, or (b) the time at which Owner obtains a building permit for the Project or any unit or structure contained within the Project, whichever is later. 5.2 Permitted Use, Density, and Intensity of Use; Rate and Amount of Growth. Pursuant to Government Code Section 65866, and Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, 208 Cal.Rptr. 228, 690 P.2d 701, the right to enact police power regulations on matters not covered by section 5.1 of this Agreement, including without limitation regulation of the rate and amount of growth, is not abrogated by the City_ The City hereby retains the police power to provide for change in regulations, ordinances, policies, and plans relating to moratoria, building permit allocations, timing, and sequencing of development V-4h b qJ 184 and the financing and provision of adequate public facilities at the time of development. No vested rights as to any requirements in this subparagraph either as to existing or future regulations, ordinances, policies, and plans are hereby conferred. 5.3 Design and Construction Standards and Specifications. The design and construction standards and specifications for all Project construction, including without limitation the facilities set forth in the Storm Drain Locational Plan, shall be subject to applicable design standards and guidelines in effect at the time that any development approval shall be sought for the Project or any unit or structure contained within the Project. 5.4 Maximum Height and Size of Structure. The maximum height and size for all structures shall be as provided in the applicable zoning classifications. 5.5 Future Discretionary Approvals, This Agreement shall not prevent the City, when considering requests for discretionary approvals not covered by Section 5.2 of this Agreement subsequent to the effective date of this Agreement, from applying new rules, regulations, and policies which are applicable to the Property, including but not limited to, changes in the general plans, specific plans, zoning, subdivision or building regulations, nor shall this Agreement prevent the City from denying or conditionally approving any subsequent applications for land use entitlements based on such existing or new rules, regulations, and/or policies; provided however, that such new rules, regulations, and official policies are of general application to all development within the City and are not imposed solely with respect to the subject property. In addition, this Agreement shall not prevent the City from exercising its police power to protect the health, safety, and welfare of the public. This police power, exercised in accordance with Section 5.2 of this Agreement, is paramount to any rights or obligations created or existing between the parties. 5.6 Processing Fees. All fees and charges intended to cover City costs associated with processing development of the Property, including but not limited to fees and charges for applications, processing, inspections, plan review, plan processing, and/or environmental review, which are existing or may be revised or adopted during the term of this Agreement, shall apply to the development of the Property. 5.7 Amendments or Additions to Citywide Fee Programs. This Agreement shall not preclude the inclusion of and changes to fee programs, taxes whether special or general, or assessments (hereafter collectively referred to as "fees") adopted by the City after the effective date of this Agreement, which shall be applicable to the Project or the Property provided that they (1) are standard fees applicable to all development in the City (although actual fee rates may vary within the City where bona fide Citywide fee zones have been established), (2) are not applicable primarily or only to this Project, or (3) are not imposed to either (a) mitigate, offset -or compensate for Project impacts which were analyzed in the negative declaration prepared for the Project, or (b) duplicate any project design features conditions of approval, agreements, or mitigation measures contained in the Development Plan or this Agreement. 5.8 Development, Construction and Completion of Project. In consideration for the extraordinary and significant benefits set forth in this Section, the Owner has 7 185 been legally vested under paragraph 5.2 with regard to the permitted uses of land, density, and intensity of use. Facilities specified below must be designed and/or constructed prior to the triggering event. Facilities to Be Constructed 1. Submit Final Design of off -site Storm Drain and obtain review and approval by the City and the City of Costa Mesa. Final design must conform to Storm Drain Locational Plan and City's Master Plan for Drainage. Triggering Event (E.g., New Use or New Area) Prior to issuance of Building Permit for Phase I building, as set forth in developer's plans submitted in connection with GPA No. 98-04, AA No. 98-11, and related negative declaration. 2. Install off -site storm drain system Prior to City's issuance of Certificate of Use and from Sunflower to the Owner's property Occupancy for Phase I building, or five (5) years line along Harbor Boulevard as set forth from the effective date of this Agreement, in the Final Design. whichever comes first. After the effective date of this Agreement, Owner shall promptly and diligently make good faith efforts to secure all necessary permits, variances and approvals necessary to pursue to completion the facilities set forth in the Final Design of the Storm Drain Locational Plan and the development therefor as provided in this Agreement, including without limitation all permits from the City of Costa Mesa. With respect to the Final Design, Owner shall complete all construction and development, shall submit all plans, drawings, and other documents, and perform all of its obligations under this Agreement within the times specified above. During periods of construction of the off -site storm drain encompassed in the Storm Drain Locational Plan, Owner shall submit to the City a written report of the progress of the construction when and as reasonably requested by the City. The report shall be in such form and detail as may be reasonably required by the City, and shall include a reasonable number of construction photographs (if requested) taken from the last report by Owner. Development scheduling or date or times of performance may be subject to revision from time to time if first mutually agreed to in writing. Such revisions do not constitute amendments requiring further notice and public hearing. 59 Responsibility For Costs of Off -Site Storm Drain. The City and Owner agree that Owner shall be responsible for all costs associated with the design and construction of the off -site storm drain provided for in the Storm Drain Locational Plan. Upon acceptance of the off -site storm drain, including but not limited to the catch basins, by the City and the City of Costa Mesa, Owner's responsibility to pay all costs associated with the off -site storm drain shall cease. Owner shall obtain at least three (3) bids from qualified bidders for the construction of the off -site storm drain, which identifies all labor and construction costs associated with the Storm Drain Locational Plan. These bids shall be submitted to the City and Owner shall award the contract to construct the off -site storm drain to the bidder selected by the City. Owner's overall financial obligation shall be as follows: 1. Portion of off -site storm drain between Lake Center Drive and Owner's property (design and construction) E-9 100% of all costs 't 2. Portion of off -site storm drain 18% of all costs between Sunflower and Lake Center Drive (design and construction) The City shall be responsible to Owner to reimburse the 82% of the overall cost of design and construction of the portion of the off -site storm between Sunflower and Lake Center Drive as set forth in section 5.10 below (hereafter "City's Share"). 5.10 Fee Deferral and Reimbursement. To reimburse Owner for Owner's initial obligations to pay the entire cost associated with design and construction of the off -site storm drain provided for in the Storm Drain Locational Plan, the parties agree that the following fees, otherwise due and oweable by Owner, shall be deferred and not be paid by Owner as a condition of obtaining any City permit or approval: Fee Unit Fee Amount Total Deferred Fee (Estimated) TSIA Fee (Area E) 80,000 SF $2,01/sf S160,800 Sewer Connection 293 Plumbing S57.97/fixture $ 16,985 Charge Fixtures Water Main Charges 520 Linear Ft on $24.00/linear foot $ 28,104 Harbor 651 Linear Ft on MacArthur TOTAL $205,889 (estimate) In addition, the parties agree that the City's reimbursement obligation shall be credited by the City Drainage Assessment Fees (Area III) that Owner would otherwise be required to pay, estimated to be $23,544, and that Owner shall not be required to pay this fee. This sum, together with the $205,899 estimated fee deferral shall be referred to as the Offset Amount. The exact amount of the Offset Amount shall be calculated by the City at the time that Owner obtains a building permit for the Phase I building, using the then current rates of each fee and the final Units of size. Within sixty (60) days of the date upon which the City accepts the off -site storm drain, as set forth in the Storm Drain Locational Plan, into the City's storm drain system, City shall provide Owner with all monies then present in the City Local Drainage Area III to an amount equal to the City's Share minus the Offset Amount. Should their be insufficient funds in the Local Drainage Area III account to equal the City's Share minus the Offset Amount, then the City shall, within sixty (60) days of the conclusion of each fiscal year, forward all sums in the City Local Drainage Area iII to Owner until the Owner has been reimbursed the City's Share 187 9 7 Qj ggg minus the Offset Amount; provided, however, that the entire amount of the City's Share minus the Offset Amount shall be provided to Owner no later than sixty (60) days following the end of the two (2) full fiscal years from the date upon which the City accepts the off site storm drain, as set forth in the Storm Drain Locational Plan, into the City's storm drain system. Thereafter, payments into the Local Drainage Area Ill account shall be directly used to re -pay the estimated $205,899 in Owner Offset Amount. 5.11 Moratoriums. Moratoriums enacted by the City for the public health, safety, and welfare, which are imposed on the Property or Project, shall toll the time periods set forth in this Agreement. . 5.12 City to Receive Construction Contract Documents. Owner shall furnish City, upon written request, copies of any public facilities construction contracts and supporting documents relating to the off site storm drain. 5.13 Conditions of Discretionary Approvals_ The requirements unposed as conditions of any discretionary approval received through the City's existing regulatory process shall be governed by the terms of those approvals, and in no event shall such conditions be affected by the termination, cancellation, rescission, revocation, or default or expiration of this Agreement. 5.14 Compliance With Governmental Requirements. Owner shall carry out the design, construction, and operation of the Project in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, or any other political subdivision in which the Property is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, the Owner or the Property, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, applicable prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they apply to the Property and the Project, and all other provisions of the City and its Municipal Code (as they apply to the Property and the Project), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C_ § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. ("Governmental Requirements."). Owner explicitly acknowledges that construction of the off site storm drain required pursuant to the Storm Drain Locational Plan shall be subject to the requirement that Owner pay "prevailing wage" rates pursuant to Labor Code section 1720 et seq., and that this standard shall constitute one of the Governmental Requirements. 6. ANNUAL REVIEW. 6.1 City and Owner Responsibilities. City shall, at least every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by Owner with the terms of this Agreement. Pursuant to Government Code Section 65865.1, as 10 amended, Owner shall have the duty to demonstrate by substantial evidence its good faith compliance with the terms of the Agreement at the periodic review. 6.2 Review Letter. If Owner is found to be in compliance with the Agreement after annual review, City shall, upon written request by Owner, issue a Review Letter to Owner (the "Letter") stating that based upon information known or made known to the City Council, the City Planning Commission and/or the City Planning Director, the Agreement remains in effect and Owner is not in default. Owner may record the Letter in the Official Records of the County of Orange. 6.3 Failure of Periodic. Review. City's failure to review at least annually Owner's compliance with the terms and conditions of this Agreement shall not constitute or be asserted by any party as a breach of the Agreement by Owner or City. 7. DEFAULT. 7.1 Events of Default. Property Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: (1) If a warranty, representation, or statement made or furnished by Property Owner to the City is false or proves to have been false in any material respect when it was made; (2) A finding and determination made by the City following a periodic review under the procedure provided for in Government Code Section 65865.1 that upon the basis of substantial evidence the Property Owner has not complied in good faith with one or more of the terms or conditions of this Agreement; (3) Failure to comply with Governmental Requirements; (4) Any other event, condition, act, or omission which materially interferes with the intent and objectives of this Agreement. 7.2 Procedure upon Default. (1) Upon the occurrence of default, City shall give Property Owner (the "defaulting party") thirty (30) days written notice specifying the nature of the alleged default and, when appropriate, the manner in which said default may be satisfactorily cured. After proper notice and expiration of said thirty (30) day cure period without cure, City may terminate or amend this Agreement in accordance with the procedure adopted by the City as to all defaults that may be cured within said thirty (30) day cure period. For defaults that cannot be cured within said thirty (30) day cure period, City may terminate or amend this Agreement in accordance with the procedure adopted by the City should at any time Owner fail to diligently proceed in curing the default_ Failure or delay in giving notice of default shall not constitute a waiver -of any default, nor shall it change the time of default. 7 11 (2) City does not waive any claim of defect in performance by Property Owner, if on periodic review the City does not propose to modify or terminate this Agreement. (3) Non-performance shall not be excused because of a failure of a third person. (4) An express repudiation, refusal, or renunciation of the contract, if the same is in writing and signed by the Property Owner, shall be sufficient to terminate this Agreement and a hearing on the matter shall not be required. (5) Adoption of a law or other governmental activity making performance by the Owner unprofitable or more difficult or more expensive does not excuse the performance of the obligation by the Property Owner. (6) All other remedies at law or in equity which are not inconsistent with the provisions of this Agreement are available to the parties to pursue in the event there is a breach. 7.3 Damages upon Termination. In no event shall Property Owner be entitled to any damages against City upon termination of this Agreement. 7.4 Institution of Legal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default or breach, to specifically enforce any covenants or agreements set forth in the Agreement, or to enjoin any threatened or attempted violation of the Agreement; or to obtain any remedies consistent with the purpose of the Agreement. Legal actions shall be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court in the Central District of California, Southern Division. ENCUMBRANCES AND RELEASES ON PROPERTY. 8.1 Discretion to Encumber. This Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion of the Property or any improvement on the Property by any mortgage, deed of trust, or other security device securing financing with respect to the Property or its improvement. 8.2 . Entitlement to Written Notice of Default. The mortgagee of a mortgage or beneficiary of a deed of trust encumbering the Property or any part thereof and their successors and assigns shall, upon written request to City, be entitled to receive from City written notification of any default by Owner of the performance of Owner's obligations under the Agreement which has not been cured within thirty (30) days following the date of default. 8.3 Releases. City agrees that upon written request of Property Owner and payment of all fees and performance of the requirements and conditions required of Owner by this Agreement with respect to the Property, or any portion thereof, City may execute and deliver to Owner appropriate release(s) of further obligations imposed by this Agreement in form and t t! 12 190 substance acceptable to the Orange County Recorder or as may otherwise be necessary to effect the release. 9. NUSCELLANEOUS PROVISIONS. 9_ I Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory; "may" is permissive. If there is more than one signer of this Agreement, their obligations are joint and several. 9.2 Entire Agreement, Waivers and Amendments. This Agreement constitutes the entire understanding and agreement of the parties with respect to the matters set forth in this Agreement. This Agreement supersedes all negotiation or previous agreements between the parties respecting this Agreement. All waivers of the provision of this Agreement must be in writing and signed by the appropriate authorities of City or of Owner. All amendments to this Agreement must be in writing signed by the appropriate authorities of City and Owner, in a form suitable for recording in the Official Records of Orange County, California. Within ten (10) days following the effective date of this Agreement, a copy of this Agreement shall be recorded in the Official Records of Orange County, California. Upon the completion of performance of this Agreement or its revocation or termination, an appropriate Certificate of Completion acknowledging such occurrence signed by the appropriate agents of Owner and City shall be recorded in the Official Records of Orange County, California. 9.3 Project as a Private Undertaking. It is specifically understood by the parties that: (a) the Project is a private development for purposes of Government Code Section 65964 et seq.; (b) City has no interest in or responsibilities for or duty to third parties concerning any improvements to the Property or in connection with the Project until City accepts the improvements pursuant to the provisions of this Agreement or in connection with discretionary approval(s); and (c) Owner shall have the full power and exclusive control of the Property subject to the obligations of Owner set forth in this Agreement. 9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of this Agreement are part of this Agreement. 9.5 Captions. The captions of this Agreement are for convenience and reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this Agreement. 9.6 Consent. Where the consent or approval of a party is required in or necessary under this Agreement, the consent or approval shall not be unreasonably withheld. 9.7 Covenant of Cooperation. The parties shall cooperate with, deal with each other in good faith, and assist each other in the performance of the provisions of this Agreement_ 9.8 Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. �, 191 9.9 Conflicts of Law. In the event that state or federal laws or regulations enacted after this Agreement has been entered into or the action or inaction of any other affected governmental jurisdiction prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps, or permits approved by the City, the parties shall provide the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy, and a statement of conflict with the provisions of this Agreement. The parties shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Thereafter, regardless of whether the parties reach an agreement on the effect of such federal or state law or regulation upon the Agreement, the matter shall be scheduled for hearing before the Council. Public notice of such hearing shall be given pursuant to Government Code Section 65854.5. The City Council, at such hearing, shall determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation pursuant to Government Code Section 65869.5. At the hearing Owner shall have the right to offer oral and written testimony. 9.10 Recording. The City Clerk shall cause a copy of this Agreement to be recorded with the Office of the County Recorder of Orange County, California, within ten (10) days following the effective date of this Agreement. IN WITNESS WHEREOF, this Agreement has been executed by the City of Santa Ana, acting by and through its Mayor, pursuant to Ordinance No. , authorizing such execution, and by Property Owner, acting by and through the , pursuant to Resolution No. , authorizing such execution. Dated this day of , 1998. Approved as to Form: Af`_] �1 By PSEPH W. FLTCHER City Attorney i THE CITY OF SANTA ANA By MAYOR PROPERTY OWNER By Its 14 L1IT HIIUI<i--T"S Ut-rILC raX=(14-04C-M17-�? ZnF 1 !:�6 r._D Q:9 Conflicts Of Llw_ 2; the evwt that SL--"& or federal laws or mow =c cd sfaef this Agv=ment has been entered into or the anion or inaction Gamy other off gave—n=3'*iS&Ctlon Prevent Cr precludg ern ee WIth one Or MOM provisions cfthX3 r'l V=Lmt or require changes in pig maps, or perzftappyoved lay the City, the parties ahail provide the other patty with mitten notice of such state or federal restricdort, probe a copy of such regulation or poky, and a statem= of comic# with +fie provisions of phis + cat_ The parties shall, within thirty (30) days, meet and wife iA good faith in a reasonable att€rrp.- to modify tlLs Agreerr=t to comply vA i such '"oral or state law or re 11i3t3Q41 Zhexea#2ef, r sdless of wherher the pages reach an a emeer on the effect ofsucfi federal or state Iaw or regulation upon the Agreement, the matter shall be scheduled for bearing bafar a the. CennciL Public notice of such hearing shall be given pursuant to C-Ovemmar4+t Code Sew 65354.5_ The Cam► Council? at such hezia& shall deterxdine the ema modf=don or m*enia= wish: sha be necemzazed by mch federal or stag taw or mtWauos VxaLgm to C -n_n. =t Code S=&= 65869,5, tle heasing Owner &hail have the right to offer omi snd men tesdmo q 9.10 P,"Ordlag. The City Cleric shah cause a copy of th s Agreement to be recarded vhth the Office of the ComV. Rewrdw of e Co=j, CeTon i% within #en (19) days f0owing the effective daft of this Agreement, IN WITNESS WEERROF, this Agreeanent hm been e b� by 14 City of Santa Aa. acting by and through it-. Nftyor, purwaM to Qsd"inance?'dv_ - aai'hoszz*,n; sezcfi . off and by Proper Vie-, zemg by and through the puzs= to Resound='o_ &whC sue;: a on Aaproverl Es to Dorm: l f T Cam' QF SANTA ANA MAYOR PR PEZ 1 OWNER KAISER FOUNDATION HEALTH PLAN, INC. B� _ 1 Vice President and Jer v«� Area Manager F sir rig i t-z� urrik.t rax-r� STATE OF CAL FORMIA l� COUN7 . CT OFANis"F- j On This Gay 01 1998, before rr_e, . a NoWyPubTIC is W-d for said stye, per wally append Aer =RY l nOwn 40 me (or proved to me on the basis o_f � sf2otary evitien=) to b e The Mayor of TEF C Y' OF SANTA, ANA, the chaster city eyj� th-- within i=rument, knovm tome to be the gtrsm Who eX=t.Cd the fiMru meat on beMf of the mutuctpal rorparador: thz�as cd. and W1,zowledrd to use mat sUch rnu-(tiC�p/�a��lg�u^Oy[raoradon cased the v4-tMp i u.,n= pit: : twits y or a : 'a tb a� ofift !b VSRun �5. ASS`" my h=d amd cffici� sea - NOTARY NUMYLC STATE OF CALUMNIA ; v da .- s ._ 3' of 1 � .mC; Mr 199S, befort =e a Notary Public in and ;for said persozaUy appcared L�c� rc�tr A Mck ,1 Peason"'Y kn zo = (or proved to me on &.e basis Of satisfactvey evidemce) to be ti:e . P . rofKaiser Foor a ��PiM RIC , the P='o" 'ha =6=e-d the wiMn iOsFCtbE43 t' know Tin me ro be t�,e moj-t who ;zu 2. e within instrument on btalf ofthe Corp0r40n them =C amd a a�I E� tie oaf =ea c P"'t on "u"d'he v itF inst=ent Purz=t to As bylaws or a resoludon of its Board: WITNESS my hwd and official seal. VI7GINif1 L FM 6,W- Con rrhss / 11ww Cow Emkw "" 2.2M1 40TARY R�MZ,,C ;94 8/8'd d'3'd 86, 8d daS STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE } On this day of , 1998, before me, a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the Mayor of THE CITY OF SANTA ANA, the charter city that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to its bylaws or a resolution of its City Council. WITNESS my hand and official seal. NOTARY PUBLIC STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On this day of , 1998, before me, a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the of Kaiser Foundation Health Plan, Inc., the person that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board_ WITNESS my hand and official seal. NOTARY PUBLIC 195 XF OR-973Z3-40 , j LE OFFICD.�. - $F RCZ�1;'S tiI ALL T,-.' T CERTAIN LAND SITUATED IN T-ri_ OF C-? L=ORNL;, COTN-TY OF OR-LNGE, CITY OF SL-NTA .LNA, DHSC �_HD AS : OLLOk'S: PARCEL A: PARCEL 1. AS SHO'��N ON EXHIBIT 'B" ATTACHED TO LOI' LINE ADJUST?,LENT LL 93-7 RECORDED AUGUST 13, 1993 AS INSTRUMENT NO. 93-0545721 OF OFFICIAL RECORDS OF OP..ANGE COUNTY, CALIFORNIA. EXCEPT FRONT A PORTION OF SAID LAND AN UNDIVIDED ONE-HALF INTEREST INALL zLL '✓INERALS, ORES, PRECIOUS AND USEFUL METALS, SUnSTANCES AND HYDROCARBONS OF EVERY K.1ND AND CHARACTER, INCLUDING PETROLEUM, OIL, GAS, ASPHALTUM .AND TAR, IN AND UNDER SAID LAND, BUT I 'ITHOUT THE RIGHT TO USE THE SURFACE OF SAID LAND IN CONNECTION WITH THE DEVELOPMENT THEREOF, PRON'IDED, HOWEVER, THE SAME SHALL NOT BE CONSTRUED TO PROHIBIT SLANT DRILLING OPERATIONS -OR SUCH OTHER OPERATIONS WHICH IN' NO WAY USE OR IN ANY 4%"AY AFFECT THE SURFACE RIGHTS TO SAID LAND_AN`D WHICH DO NOT ENTER SAID LAND AT A POINT LESS THAN 500 FEET TO SAID SURFACE AS RESERVED IN THE DEED FRO2111I MARY ANN VINCENT, AND OTHERS, RECORDED APRIL 15, 1957 IN BOOT: 387Y, PAGE 311 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPT FROM A PORTION OF SAID LAND, AN UNDIVIDED ONE-HALF INTEREST IN ALL MINERALS, ORES, PRECIOUS AND USEFUL METALS, SUBSTANCES AND HYDROCARBONS OF EVERY KIND AND CHARACTER, INCLUDING PETROLEUM, OIL GA, ASPHALTUM AND TAR, IN` AN'D UNDER SAID LAND, BUT WITHOUT THE RIGHT TO USE THE SURFACE OF SAID LAND IN CON NECTION WITH THE ➢EVELOPIMENT THEREOF, PROVIDED, HOWEVER, THE SA -ME SHALL NOT BE CONSTRUED TO PROHIBIT SLANT DRILLING OPERATIONS OR SUCH OTHER OPERATIONS WHICH DO NOT ENTER SAID LAND AT A POINT LESS THAN 500 FEET TO SAID SURFACES, AS RESERVED IN THE DEED FROM ANTON H. SEGERSTROM AND OTHERS, TO ROBERT F. JO_'vES AND WIFE, RECORDED JANUARY 7, 1959 I\ BOOK 4539, PAGE 489 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. A NON-EXCLUSIVE EASEMENT FOR VEHICULAR L GRESS AND EGRESS, DF UNAGE AItiD MAINTENANCE OF PRIVATE ROAD OVER THAT PORTION; OF PARCEL 2, AS SHOWN ON THE MAP FILED IN BOOB 38, PAGE 13 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF LOT 3 OF THE WILLIA-k4S TRACT .AS SHOWN ON THE MAP RECORDED IN BOOR 30, PAGE 14 OF DEEDS Pr THE OFFICE OF THE COUNTY RECORDER OF L 0 S ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AiT THE I_'1 TERSF.CTION' OF THE EASTERLY LINE Or SAID PARCEL 2 WITH THE SOUTHERL Y LINE OF MAC AR HUR BOULEVARD, 104.00 FEET IN WIDTH, AS DESCRIBED IN THE DEED TO THE CITY OF S.'-\TA ANA RECORDED OCTOBER 23, 1962 IN BOON 62'94, PAGE 195 OF OFFICIAL RECORDS IN THE. OFFICE OF SAID COUNTY RECORDER OF ORANGE COUNTY, SAID SOUT:IE LY LI'�E BEING PAPAL LEL WITH .AND SOUTHERLY 5'_.D0 FEET FRO'•I THE E.A STERLY PROLONGATION OF THE NORTHERLY LINE OF SAID P.APCEL 2; THENCE NORTH SS* 39' 10" EAST 17.79 FEET ALONG SAID SOUTHERLY LINE TO .A POINT ON A NON -TANGENT CURVE CONCAVE SOUTH A.S T ER LY HAVING .h RADIUS OF 29.50 FEET, .A RADIAL LINE TO SAID POINT BEARS NORTH -1` -5' 56" WEST; TH-NC`:' SOUTH'��EST£RLY 25.53 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49- S5' 43-; THENCE SOUTH I' 20' 55" EAST-24.71 FEE: TO THE BEGINNI'tG OF A TANGENT CURVE CONCAVE WESTERLY HAVI_':G A P..ADIUS OF I75.0.0 FEET; THENCE 1 Exhibit A 196 OR-9732340 TI Z 7 OFFICER - SU; ERCZEWSKJ SOUTHERLY 117.10 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 38' 20' 22"; THENCE SOUTH 35° 59' 26" WEST 60.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 123.00 FEET; THENCE SOUTHERLY 75.15 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35° 00' 20"; THENCE SOUTH 1' 59' 06" WEST 78.43 FEET; THENCE SOUTH 2° 22' 54" EAST 153.75 FEET; THENCE SOUTH I 19' 16` EAST 290.77 FEET; THENCE SOUTH 5' 29' 39" EAST 82.39 FEET; THENCE SOUTH I ° 04' 59" EAST 37.74 : EET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIU : 20.00 FEET; THENCE SOUTHERLY 10.641 FEET ALONG SAID CURVE THROUGH A CENTRAL,,--.',;,-' :,E OF 30° 28' 32" TO THE NORTHERLY LINE OF LAKE CENTER DRIVE (FORMERLY JUNIPER `--IN- • A 7ESCRIBED IN THE DEED TO THE CITY OF SANTA ANA RECORDED SEPTEMBER 21, 11_1'73 !NT SOCK 10911, PAGE 625 OF OFFICI.AL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER OF OI_ANGE COUNTY; THENCE SOUTH 88° 37' 14" WEST 37.08 FEET ALONG SAID NORTHERLY LINE TO TI4E EASTERLY LINE OF PARCEL 1 AS SHOWN ON SAID MAP FILED IN BOOK 38, PAGE 13 OF PARCEL MAPS; THENCE NORTH I 19' 45" NEST 384.12 FEET ALONG SAID EASTERLY LINE AND SAl") EASTERLY LINE OF PARCEL 1 TO A POINT ON A NON -TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 80,00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 71' 57' 45" EAST; THENCE NORTHERLY 3.26 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2' 19' 54'; THENCE NORTH 20° 2 ' 09" WEST 12.65 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 150.00 FEET; THENCE NORTHERLY 43.09 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16° 27' 30% THENCE NORTH 3' 54' 39" NEST 142.84 FEET; THENCE NORTH I 23' 32" NEST 72.66 FEET TO .4 POINT ON A NON -TANGENT CURVE CONCA.'E EASTERLY HAVING A RADIUS OF 172.60 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH S9' 04' 46" WEST; THENCE NORTHERLY 114.21 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37' 54' 40'; THENCE NORTH'36' 59' 26" EAST 60.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 125. A FEET; THENCE NORTHERLY 83.91 FEET ALONG SAID CURVE THROUGH A CE''TRAL ANGLE OF 38°.20' 23'; THENCE NORTH 1' 20' 56" WEST 25.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 29.50 FEET, THENCE NORTHWESTERLY 24.95 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48° 27' 33" TO THE SOUTHERLY LINE OF SAID MAC ARTHUR BOULEVARD AS DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA RECORDED OCTOBER 22, 1962 INT BOOK 6292, PAGE 65 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER OF ORANGE COUNTY; THENCE NORTH 88' 39' 10" EAST 52.12 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION INCLUDED WITHIN PARCEL "A" ABOVE. 197 r� ` r J r 93-0545721 S C1fy of Sonic Ana EXHIBIT B LOT LINE ADJUSTMENT N.0. LL -- 93- 7 (NAP) Ors I Ex I SF !" PARCEL 8 � PR,--OSEM P kip M h. �f t� : ,Qur7r Sf�Z7577ax , r.. t. - 1l-2E2-42 f F�f 4cc c L TAc Fa•tca !-err, Irc. I Pf.R L 2 L E6ENYO -----E,,`VSTIXG LOT L Ih'E TO E, F.FYIS�6-,? EXISTING 1 OT L IXF TV r? :V.." PROPOSED P.{PC� L L IlSE � Es.s-crs..afF�crir,+� sr.4.�e�o.e a�va. 1. fz79/.335, J R. - To S.C. Eptsc v CO, { R.-43;fels5/,0_iC'. - rV CITYOF SANT'A AAA € �SMrS.AffL°GrlNG.rr;AG.IKrXUJ� BLYD. A --C 356, d. R. TO COUNTY OF CR-/.NCrE 2. 473,G.FL.-- ro Clr7'o,- sA-"T/.Rt,1dA 3. 4916175, o.R-. -- ro s. c. Ecisot�> co. •¢. 6a9=l5S,O.R.. - ro c/r,/ of .SANT.e AmA. 3. 629.4119S,O.R.- 7-0 C/TYCf S.VViiG.4h7.� �C/L iY4C XRTAII IR BOUL z AR .+�� vs •tar ! zsr'/ frr � •3' 1 fs:a + vs�.lzi New ra �r -- ,�rs•sr •as E , . � jfti L-.F..As' 4 'S'S9`zr f 7S.SS• f` PCL. ! �` f U 8• T20 ifG. 1 �a D- I 0 PCL. 2 �- © It 12.6TI .4C. ,k, . .L ��ssaJ�sl,o_a. PGL• I ? �' v � sc� sip •,-r'rf •All :eJ. ca ?I YE 4•- 1IJ FAG TO C1TY of ShNT/L hN.< 25- rF 198 ��F. ANO 6Y 7HlS 2LFERGNG1.t�3] GILLEN, LS SS57 o xv airi�cxco� r D C��S��r ` � k :` ? i] D 1 b I D 1 1ED H 1 Ll s ^-- Tt sST 1 H. CA 415W 171 A) 254-7� I R3, LJJ fgiS Lu it: w 0: ate 2h _j soul,VVV` 101 tn LOLI < LLI 2 6cq F-2; -bit B ---------- H i 0 C i P U) 0 0 cn i 0 S.] i C 0 Ql -� > L 0\ C £per L� L (V �I co > $ (D II U +, II 0 .) CC-) to y 0� U rn u 'J NU C 0 m a Q7 ,4 I 0YU m # 0YU w 03 1 UlE-4 OAl9 2JOSIM OAl& 2iO$Fft+F Exbibit C 260 MAYOR Miguel A. Pukdo MAYOR PRO TEM "obert L. Richardson JNCILMEMBERS Tony Espinoza Brett Franklin Thomas E. Lutz Patricia A. McGuigan Ted R Moreno CITY OF SANTA ANA PLANNING & BUILDING AGENCY 2{)G W_ Fourth Street (M-20) • P.O. Box 1988 Santa Ana, California 92702 Fax (714) 973-1461 NEGATIVE DECLARATION CITY MANAGER David N_ Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Janice C. Guy Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: ER 98-021 DP 98-010 Applicant: Richard Miller/Vance Furukawa / Kaiser Foundation health Plan, Inc. Project Location/Address: 3401 S. Harbor Blvd. Project Title/Description: Kaiser Medical office The applicant proposes to construct a new 80,000 square foot medical building for Kaiser Permanente. The building will be constructed in two phases; Phase I consists of 45,000 s.f. of medical office; and Phase II will contain 35,000 s.f. of building area. and does hereby find: That, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case if the mitigation measures atached are incorporated into the project. APPROVED BY ! N ENVIRONMENITAL EVALUATOR DATE % (Y This determination is not final until adopted by the decision -making body or administrative official, and a Notice of Determination is filed. 201 AA 98-11/GPA 98-4 EXHIBIT 9 t f, "or'.2 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL RE. 3401, 3501 and 3503 S. Harbor Blvd. SANTA ANA, CALIFORNIA NOTICE IS HEREBY GIVEN: That the City Council will hold a public hearing on AMENDMENT APPLICATION 98-11 to rezone property from Light Industrial (MI) to Professional (P); GENERAL PLAN AMENDMENT 98-04 to amend the Land Use Element from Industrial (1) to Professional (P) and DEVELOPMENT AGREEMENT 98-01 to facilitate the construction of a Kaiser Permanente medical office building. This matter will be heard on October 5, 1998 at 6:00 p.m., or as soon as possible thereafter, in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California. All persons interested in this matter are notified to appear at this time. If you challenge the decision of the City Council on the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing. 61- Yjanice C. Guy Clerk of the Council Publish: The Register - Legals Section Date: September 25, 1998 Affidavit -+ 3 Invoices Acet. No. 0091441000