HomeMy WebLinkAbout11B - 3500 W. LAKE CTR DR.
ORDINANCE NO. NS-2688
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING AN AMENDMENT TO A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
SANTA ANA AND C.J. SEGERSTROM AND SONS FOR THE
PROPERTY LOCATED GENERALLY AT 3500 WEST LAKE
CENTER DRIVE
THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS:
SECTION 1: The City Council hereby finds, determines and declares as follows:
A. The 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. Pursuant to these Sections, an amendment to
a Development Agreement may only be entered into after following the same procedure
used in entering into an initial Development Agreement.
B. The City and California Pacific Properties, a California general partnership,
have previously entered into a Development Agreement dated October 15 1990, recorded
as Document No. 90-625289 with the Recorder of the County of Orange (hereafter
referred to as the "Development Agreement"). On February 23, 1995, a portion of the
property covered by the Development Agreement was transferred to C.J. Segerstrom and
Sons, by Grant Deed recorded as Document No. 95 0099264 with the Recorder of the
County of Orange. This Amendment relates solely to the property described in said Grant
Deed which is owned by C.J. Segerstrom and Sons. The term of the original
Development Agreement is fifteen (15) years.
C. C.J. Segerstrom and Sons has applied to amend the Development
Agreement between the parties to extend the Development Agreement's term by adding
an additional ten (10) years, for a total of twenty-five (25) years from and after the date of
execution of the original Development Agreement (subject to express exceptions noted in
the Development Agreement).
D. The City enters into this amendment to the Development Agreement
pursuant to the provisions of the Government Code and applicable City policies.
Ordinance No. NS-2688
Page 1 of 3
11 B-1
E. The Planning Commission has, following a duly noticed public hearing, on
April 25, 2005, recommended approval of this Development Agreement.
F. Entering into this Development Agreement would provide the City with
extraordinary and significant benefits that are of regional significance, relate to existing
deficiencies in public facilities, require the project developer 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.
G. The City Council has held a noticed public hearing on this Ordinance, and
has considered all testimony presented thereto.
H. This project has been found to be exempt from the provisions of the
California Environmental Quality Act and a notice of exemption shall be filed in relation
thereto.
SECTION 2: The amendment to the Development Agreement, a true and correct
copy of which is attached hereto as Exhibit 1, is hereby approved, and the City Manager
and Clerk of the Council are authorized to execute it on behalf of the City. The Clerk of
the Council is hereby authorized and directed to cause this Development Agreement to
be recorded with the County Recorder's Office.
SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that anyone or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this
day of
,2005
Miguel A. Pulido
Mayor
Ordinance No. NS-2688
Page 2
11 B-2
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-2688 to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-2688
Page 3 of 3
11 B-3
. .
, '
, '
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
ATfN: Clerk of the Council
FREE RECORDING
GOVERNMENT CODE ~ 6103
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
THIS AMENDMENT is made and entered into this _ day of , 2005, by and
between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and
existing under the Constitution and laws ofthe State of California ("City") and C,J.
SEGERSTROM & SONS, a California general partnership ("Developer").
City and Developer hereby agree as follows:
A. City is authorized pursuant to Government Code Sections 65864 through 65869.5
to enter into development agreements with persons having legal or equitable interests in real
property for the purpose of establishing certainty for both City and Developer in the
development process. City enters into the Amendment pursuant to the provisions of the
Government Code and applicable City policies.
B. The City and California Pacific Properties, a California general partnership, have
previously entered into a Development Agreement dated October 15 1990, recorded as Document
No. 90-625289 with the Recorder of the County of Orange (hereafterreferred to as the
"Development Agreement"). On February 23, 1995, a portion of the property covered by the
Development Agreement was transferred to Developer, by Grant Deed recorded as Document
No. 95-0099264 with the Recorder of the County of Orange This Amendment relates solely to the
property described in said Grant Deed which is owned by Developer.
C. The City and Developer wish to amend the Development Agreement between the
parties to extend the Development Agreement's term, which is originally of fifteen (15) years, by
adding an additional ten (10) years, for a total of twenty-five (25) years from and after the date
of execution of the Development Agreement (subject to express exceptions noted in the
Development Agreement).
D. The parties hereto acknowledge the following:
(1) This Amendment is intended to assure adequate public facilities at the
time of development.
1
11 B-4
... 'I'!i I !
.. .. , ,
(2) This Amendment is intended to assure development in accordance with
City's General Plan, applicable Specific Design Zoning and Capital Irnprovement Plan. .
(3) This Amendment will penn it achievement of goals and objectives as
reflected in the City's General Plan and all applicable Specific Design Zoning.
(4) Developer is required by existing City regulations to provide mitigation
for certain impacts and pay certain regulatory fees as conditions of approvals through the
regulatory process.
(5) This Amendment will allow City to realize extraordinary and significant
public infrastructure facilities and other supplemental benefits in addition to those available
through the existing regulatory process.
(6) Many of the extraordinary and significant benefits identified as
consideration to City for entering into this Amendment represent benefits which would not
otherwise be required as part of the development process. .
F. On April 25, 2005, the Planning Commission of the City ("Planning
Commission"), after giving notice pursuant to Government Code Sections 65090 and 65091,
held a public hearing to consider the Developer's application for this Amendment. The Planning
Commission recommended to the City Council of City that it execute this Amendment. On
,2005, the City Council of the City of Santa Ana ("Council"), after providing
notice as required by law, held a public hearing to consider the Developer's application for this
Amendment.
G. Property Affected hy thic; Agreement. This Amendment pertains solely to the
property as illustrated in Exhibit "A-l and described in Exhibit "A-2 to this Amendment, which
are incorporated herein by this reference as though fully set forth. In case of any discrepancy
between Exhibit "A-l and Exhibit "A-2 , the parties agree and acknowledge that Exhibit "A-2
shall prevail in full.
H. Ienn. Section 4 of the Development Agreement is hereby amended to read, in its
entirety, as follows:
4. Ienn.
(a) The tenn ("Tenn") of this Development Agreement is
twenty-five (25) years from the date of execution, subject to earlier tennination as
hereinafter provided.
(b) Pursuant to Section 66452.6(a) of the California Subdivision
Map Act, any tentative Subdivision Map approval for the Property shall also be
extended for a period equal to the period this Agreement remains in effect.
2
11 B-5
.. -:
1. Effect of A mendment. Exhibits "A-l and "A-2 to this Amendment shall
supercede and replace Exhibit "A" to the Development Agreement. Except as necessary to
implement the intent of this Amendment, the Development Agreement shall remain in full force
and effect. In the event of a conflict, terms contained herein shall prevail over conflicting
provisions of the Development Agreement.
J. Effective Date 1 Jnchanged. The parties to this Amendment further agree
that the effective date of the Development Agreement, set forth in paragraph 26 therein,
is unaffected by this Amendment to the Development Agreement.
IN WITNESS WHEREOF, the Parties have executed this Amendment the day and year fIrst
above written.
ATTEST:
CITY OF SANTA ANA,
a charter city and municipal corporation
Patricia E. Healy
Clerk of the Council
By
David N. Ream
City Manager
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
C,J. SEGERSTROM & SONS,
a California general partnership,
By
Benjamin Kaufman
Chief Assistant City Attorney
By: Henry T. Segerstrom Management LLC,
a California limited liability company,
Manager ..
Approved as to Fonn.
Latham & Watkins LLP
B~~
By: HTS Management Co., Inc.,
a California corporation
ManJ J
By:. ' (] J 1'( Vjfi?A~
Title: Senior Vice President
3
11 B-6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEI\fErh
State of California )
) s.s.
County of Orange )
On May 3, 2005 before me, Karen G. Wholey, Notary Public, personally appeared Henry T. Segerstrom,
personally know to me to be the person whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument
i ..... ....~ - ..... ~ ..... .... -. -. ..... -.
- ~ C~~i~~~~~~ 1
~.: - Notary Public - California ~
J \ . Orange County f-
~ M1 Cwrlrn, ~lr'QlI May 4, 2006
. - ..... __ _ __ ____ __ _____ __ __ ....... . K
State of California)
ss
County of Orange)
On May 3, 2005, before me, Karen G. Wholey, Notary Public, personally appeared Sally E. Segerstrom, personally
known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she
executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity
upon behalf of which the person acted, executed the instrument.
J---.....-..... -.-...... -............-. ....
~ KAREN G. WHOLEY
_ Commiuion' 1353094 I
~. Notary Public - California ~
~ Orange County i
_ _ _ ~:o:m~~n:,~~2~
OPTIONAL
CAPACITY CLAIMED BY SIGNERS
Partners:
D Limited
D General
IV'! Manaoino
~ 0 0
Signers are representing:
C.J. Segerstrom & Sons, by Henry T. Segerstrom Management LLC.
HTS Management Co., Inc.
DESCRIPTION OF ATTACHED DOCUMENT
Title or type of document:
Number of pages:
_ (excluding loose certificates)
Date of document:
Signer(s) other than named above:
11 B-7
.:... ~~ ~' ~l
Notary Public in and for said State
5
11 B-8
A
... ~
III
<II
~
()
J:
III
Q::
'0:
~
'0:
U
Il: ..
'0:
III U
ll:
~ Z III
:!
c( ::a
~ en ()
;:) u.s. POSTAL U
() en
CENTER
U
AVENUE
SUNFLOWER
(
City 01 CO.,. II...
AMENDMENT TO DA 90-3
C.J. SEGERSTROM AND SONS
3500 WEST LAKE CENTER DRIVE
IA
cPt
---I
. SO-58
---
I";
. I SEGERSTROM
. PROPERTIES
PLANNING
AND
BUILDING
AGE N C Y
EXHI BIT .. A-1 "
11 B-9
... ~
. .
, ,
, '
Exhibit "A-2
Legal Description
All that certain real property located in the City of Santa Ana, County of Orange, State of
California, and more particularly described as follows:
Parcel A (Undeveloped Land):
Parcell, in the City of Santa Ana, County of Orange, State of California, as per map filed in
Book 121, pages 14 and 15 of Parcel Maps, in the Office of the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Also excepting therefrom that portion included within Tract No. 11420, in the City of Santa Ana,
County of Orange, State of California, as per map recorded in Book 492, pages 6 through 9 of
Miscellaneous Maps, in the Office of the County Recorder of said County.
Parcel B (Undeveloped Land):
Lot 1 of Tract No. 11420, in the City of Santa Ana, County of Orange, State of California, as per
map recorded in Book 492, pages 6 through 9 of Miscellaneous Maps, in the Office ofthe
County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. 1. Segerstrom & Sons, a California general,
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records.
Parcel C (Undeveloped Land):
Parcel 2 of Parcel Map No. 84-876, in the City of Santa Ana, County of Orange, State of
California, as per map filed in Book 196, pages 22, 23 and 24 of Parcel Maps, in the Office of
the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. 1. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13 766, page 610 of Official
Records.
11 B-1 0
"
.~ .
Parcel D (Developed Land):
Parcell of Parcel Map No. 84-876, in the City of Santa Ana, County of Orange, State of
California, as shown on a map filed in Book 196, pages 22 to 24 inclusive of Parcel Maps, in the
Office of the County Recorder of said County.
Excepting therefrom all oil, gas and mineral rights, but without the right of entry on the surface
or within 500 feet thereof, as reserved by C. J. Segerstrom & Sons, a California general
partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official
Records;
Parcel E (private Street and Driveway)
Lots A, Band C of Tract No. 11421, in the City of Santa Ana, County of Orange, State of
California, as per map recorded in Book 505, pages 20 to 22 inclusive, of Miscellaneous Maps, .
in the Office of the County Recorder of said County.
2
11 B-11
,
11 B-12