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Home My WebLink AboutC.J. Segerstrom & Sons 1-2005 A-2005-195 .' , ~\ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 ATTN: Clerk of the Council Recorded in OffiCial Records. Orange County Tom Daly, Clerk-Recorder 111111111111111111111111111111111111111111111111111111111111111111111111111 NO FE E 200500062529612:53pm 08/10/05 11691 A17 9 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 FREE RECORDING GOVERNMENT CODE ~ 6103 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS AMENDMENT is made and entered into this..W-Pc-day of J"WJt, 2005, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City") and C.J. SEGERSTROM & SONS, a California general partnership ("Developer"). 1\ City and Developer hereby agree as follows: 0. ,) \ \1\ (f 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 (hereafter referred 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: (I) This Amendment is intended to assure adequate public facilities at the time of development. 1 (2) This Amendment is intended to assure development in accordance with City's General Plan, applicable Specific Design Zoning and Capital Improvement Plan. (3) This Amendment will permit 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 .I he City ("Planning Commission"), after giving notice pursuant to Government Code Sections 65090 and 6509 I, 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 MAl{ 9 ,2005, the City Council of .I he 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 A ffee/ed I1y /hi< A greement. This Amendment pertains solely to the property as illustrated in Exhibit "A- I 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-I and Exhibit "A-2 ,the parties agree and acknowledge that Exhibit "A-2 shall prevail in full. H. Thrm. Section 4 of the Development Agreement is hereby amended.to read, in its entirety, as follows: 4. Thrm. (a) The term ("Term'') of this Development Agreement is twenty-five (25) years from the date of execution, subject to earlier termination 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 I. Effec.t of Amendment. Exhibits "A-I 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 Oate 1 lnc.haneed. 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 By #I/;'~ David N. Re City Manager ~~ ~~~ Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Col. SEGERSTROM & SONS, a California general partnership, " By: Henry T. Segerstrom Management LLC, a California limited liability company, Manager BY~ ~tJ.. Henry T. S erstrom, anager Approved as to Form. Latham & Watkins LLP Bf5U~v~ By: HTS Management Co., Inc., a California corporation Managj' 'j . ;)! . .. By:'~ (] /fyJ12jft7(Vlt., Title: Senior Vice President 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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=7:~~~~;~94 ~ i.. Notab~~:cco~~~omiB l ~ _ _ _ _My~tn.:..~~~~2~1 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. i - - - - - - - - - - - - @ KAREN G. WHOLEY _ Commi..ion' 1353094 ~ ~. Notary Public M C.Ufomla ~ j Orango County f ~ _ ~ ~~m~~~~~2~ OPTIONAL CAPACITY CLAIMED BY SIGNERS Parlners: D Limited D General [gI Managing C,J. Segerstrom & Sons, by Henry T. Segerstrom Management LLC. Signers are representing: 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: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange } SS. On July 29,2005, before me, Claudia M. Fernandez-Shaw, Notary Public, Name and Title of Officer (e.g., "Jane Doe, Notary Public") personall y appeared Steven Harding a. . '. . CLAUDIA M.' FE.RNAN;~Z~HA"W~ Commill8ion # 1336674 . ~, , '" Notary Public, California I Z \", Orange County f '\:, , a .~ MyComm. Expires Jan 25,2006 1._____________ N,rn*)Or~erSOnally known to me D proved to me on the basis of satisfactory evidence to be the person0 whose name'~/.rs subscribed to the within instrument and acknowledged to me that<Qhe,(tlu:y exe"lted the same in ~~./dleir authorized capacityEtesj, and that by -4ll9/kCl/thci1'" signature~on the instrument the personfst-or the entity upon behalf of which the persOii(Sf acted, executed the instrument. (~--I'ITNES.S ~ offi"" ""'. SignalureorNotarypublic Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document And could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer - Title(s): D Partner -- D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RI(oIll IlIlIMBI'RIN I 0) 01 SI(;NI R ~ 6 0) Top ofthwnb here \\cda-ch\users\CShaw\Desklop\General NotaryForm,doc Notary Public in and for said State 5 A .. .. ~ () ~ .. '" ~ . . ~ <3 '" .. :0 :0 o o ~ ,ff{ INDUSTRIAL IN U$r IAL . . DRIVE ~ " '" ~ ~ ~s " .. ~ 0 0 ~ u.s. POST~1.. OFFICE ~ u '" '" :0 :0 () u ~ iil U.S. POSTAL OFFICES CENTER -..-..--.....--..--..- SUNFLOWER AVENUE City 01 COllt. M... AMENDMENT TO DA 90-3 C.J. SEGERSTROM AND SONS 3500 WEST LAKE CENTER DRIVE ---I I SD'" --- I ">1 SEGERSTROM PROPERnES PLANNING AND BUILDING AGENCY EXHIBIT "A-1" . . 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 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 13 766, 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. J. Segerstrom & Sons, a California general partnership, in that deed recorded September 30, 1980 in Book 13766, page 610 of Official Records. 1 1< .' ,. 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 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. 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 ACORD.. CERTIFICATE OF LIABILITY INSURANCE QP 10 LII.. OAT!:: (MMlOONYYVI CJSEG-1 12/30/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Andreini & Company-South Coast ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License 0208825 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR One MacArthur Place, Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. South Coast Metro CA 92707 Phone: 714-327-1400 Fax:714-327-1499 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: CompWest Insurance Company INSURER B: C.J. Segerstrom & Sons INSURER c: 3315 Fa1rview Road A-dDCf5~IC(S INSURER 0; Costa Mesa CA 92626 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING , ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, "THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER \ PS'4~;MM/DD'Y~(\" P DATE MMlb~lY~f-l LIMITS ~NERAL LIABILITY EACH OCCURRENCE , COMMERCIAL GENERAL LIABILITY PREMISE~ YE~~~u~~nce) $ I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) , - PERSONAL & ADV INJURY , GENERAL AGGREGATE , - ~'L AGG~EnE LIMIT APnS PER: PRODUCTS - COMP/Or AGG , PRO- POLICY JECr LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT , ANY AUTO (Eaaccidenl) - - ALL OWNED AUTOS BOOIl Y INJURY (Per person) , - SCHEDULED AUTOS I- HIRED AUTOS BODILY INJURY (Peraccldenl) , \- NON-OWNED AUTOS \- PROPERTY DAMAGE , . {Per accident) RRAGC LIABILITY c4uopd AUTO ONLY. EA ACCIDENT , ANY AUTO j f7 EA ACC , ';J I>' OTHER THAN AUTO QNL Y: AGG $ [JESS/UMBRELLA LIABILIty EACH OCCURRENCE , OCCUR 0 CLAIMS MADE AGGREGATE , , R ~'DUCTIBL' $ RETENTION $ , WORKERS COMPENSATlm! AND X IT;;'~)j(l~lTIJ_jU~lt ------ EMPLOYERS' LIABILITY 0~/01/06 0~/01/07 A ANY PROPRIETOR/PARTNER/EXECUTIVE CA005001042-001 E.L. EACH ACCIDENT ,~,OOO,OOO OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe miller E.l. DISEASE - POLICY LIMIT '1,000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS' VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: GREENVILLE BEAN GROWERS. City of Santa Ana So. Civic Center Plaza P.O. Box ~988 Santa Ana CA 92702 CANCELLATION CITYSAA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUlNG INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REP~ESENTATrVE @ACORDCORPORATION 1988 CERTIFICATE HOLDER ACORD 25 (2001108) ( ('