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HomeMy WebLinkAboutAGMT - Bixby Ranch Company (Development Agreement and MOU Amendment) j.u,GGe o[ Ce fa'Lt . • o8/a3/99 RECORDING REQUESTED BY • AND WHEN RECORDED MAIL. TO: City of Seal Beach Attention: City Manager 211 8th Street Seal Beach, California 90740 FREE RECORDING GOVERNMENT CODE SECTION 6103 I DEVELOPMENT AGREEMENT AND AMENDMENT TO MEMORANDUM OF UNDERSTANDING DATED JULY 14, 1997 '' • by and between S - • . CITY OF SEAL BEACH and BIXBY RANCH COMPANY August 23, 1999 �. MSCU1LY\CARMEN1Bixby Old Ranch Development Agreement 2.doc . %LWOg-19- • 0 Bu* Old Ranch Towne Carter Development Agreement Ciry cfSeal Beach Amgurt 23, 1999 410 TABLE OF CONTENTS 1. RECITALS OF PREMISES, PURPOSE AND INTENT; DEFINITIONS 1 1.1 Code Authorization 1 1.2 Statement of Benefits 2 1.3 Definitions 3 I 2. THE DEVELOPMENT AGREEMENT PROCESS 6 2.1 Public Hearings 6 2.2 City Council Findings 7 2.3 The Project 7 2.4 Project Approvals 7 2.5 Justifiable Reliance 8 2.6 Project is Private Undertaking 8 2.7July 14, 1997 Memorandum of Understanding g 2.8 Term 9 • 3. DEVELOPMENT OF PROPERTY 9 3.1 Land Use Approvals and Covenants 9 • 3.1.1 Land Use, Densities and Intensities 10 3.1.2 Vesting of Rights 11 3.1.3 Subsequent Discretionary Approvals: Site Development Plan Review 13 3.1.4 Assignment by Owner 15 3.2 Public Improvements 15 3.2.1 Installation Obligations 16 3.2.2 City - Provided Utilities: Reservation of Sufficient Capacity 16 3.2.3 City- Provided Utilities: Nondiscriminatory Rates and Provision of Service 16 3.2.4 EIR Mitigation Measures 16 3.2.5 Dedications and Reservations 16 3.2.6 Improvement Security/Insurance 22 3.2.7 Further Land Use Actions 22 3.3 Development Impact Fees 23 3.3.1 Applicable Fees and Assessments 23 3.3.2 Fee Credits 23 3.3.3 Business License Fees 24 3.4 Mortgagee Protection 24 410 Bixby Old Ranch Development Agreement 2.doo i • • Bixby Old Ranch Towne Carter Development Agreement City of Seal Beach August 23, 1999 4. GENERAL PROVISIONS 25 4.1 Approved Procedure; Recordation 25 4.2 Cooperation and Implementation 25 4.3 Enforceability 27 4.3.1 Default . 27 4.3.2 Procedure Regarding Defaults 27 4.3.3 Annual Review 28 4.3.4 Institution of Legal Action 29 4.3.5 Remedies 30 4.4 Notices 31 4.5 Termination 32 4.6 No Third Party Beneficiaries 33 4.7 Time of Essence - 33 4.8 Modification, Amendment or Extension 33 4.9 Operating Memoranda 33 4.10 Conflicts of Law 34 4.10.1 Conflict with State or Federal Laws 34 4.10.2 Cooperation in Securing Permits 34 4.11 Waiver 34 4.12 Successors and Assigns 34 4.13 Governing State Law 34 4.14 Constructive Notice and Acceptance 34 ` • - 4.15 Statement of Compliance 35 4.16 Covenant of Good Faith and Fair Dealing 35 4.17 Covenant of Cooperation 35 4.18 Further Actions and Instruments 35 4.19 Section Headings 36 4.20 Enforced Delay (Force Majeure) 36 4.21 Emergency Circumstances 36 4.22 Severability ' 37 4.23 Interpretation 37 4.24 Counterparts 37 4.25 Entire Agreement 37 ** ss • 41) Bixby Old Ranch Development Agreement 2.dx j j • Bixby Old Ranch Town Center Development Agreement City of Seal Beach August 23, 1999 • EXHIBITS Exhibit "A ": Anticipated Golf Course Configuration Exhibit "B ": Old Ranch Tennis Club legal description Exhibit "C ": Property legal description [all property to be developed] Exhibit "p ": Area D [Residential Development and Park Facility] Exhibit "E ": Area A [25 acre retail/commercial center] Exhibit "F ": Area C [158 acre commercial recreational use] Exhibit "G ": Area B [8.57 acre hotel, etc., and 5 acre landscaping and street parcel; Exhibit "H ": ' ' Description of Public Improvements Exhibit "I ": Mitigation Measures Exhibit "J ": Permissible encumbrances on Old Ranch Tennis Club Exhibit "K": Permissible encumbrances on Area "A ", "B" and "C" Green Belt Areas Exhibit "L ": Locatibn of Monument Signs Exhibit "M": Permissible Encumbrances on Monument Sign Easement Area Exhibit "N ": Location of Median Landscaping Exhibit "O ": Dedication Requirements Exhibit "P ": Schedule of Existing Development Impact Fees Exhibit "Q ": Form of Drainage Easement Exhibit "R ": Architectural Theme • Bixby as Ran& Development Agreemeot:doc u - • Vir Bixby Old Ranh Town ter Development Agreement Ci y of Seal Beach August 23, 1999 EXHIBITS (Continued) ° Exhibit "S': Location of Landscaping Green Belt in Areas 'A" and "C" and Form of Offer of Dedication Exhibit "T" Form of Quitclaim Deed (AFRC property) Exhibit "U" Operating Memorandum Number One, Dated December 15, 1998 •• •• • • Bixby Old Ranch Development Agreement 2.doe IV • • Bixby Old Ranch Towne Center Development Agreement Ci y ((Seal Beach August 23, 1999 DEVELOPMENT AGREEMENT • BY AND BETWEEN • CITY OF SEAL BEACH AND BIXBY RANCH COMPANY AND AMENDMENT TO MEMORANDUM OF UNDERSTANDING DATED JULY 14,1997 THIS AGREEMENT is entered into as of the day of ,1998, by and between the CITY OF SEAL BEACH, a municipal corporation, and BIXBY RANCH COMPANY, a California limited partnership ( "Owner "). 1. RECITALS OF PREMISES, PURPOSE AND INTENT; DEFINITIONS 1.1 Code Authorization To strengthen the public planning process, encourage private rag p participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Act which authorizes any city to enter 1 into binding development agreements establishing certain development rights in real property with persons having legal or equitable interests in such property. Section 65864 of the Development Agreement Act expressly provides, in part, as follows: The Legislature finds and declares that: (a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer and discourage investment in and a commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. . Assurance to the applicant for a development project that upon approval the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval will strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic cost of development." 0 Bixby as Ranch Development Ag:spent toe 1 II 0 Bixby Old Ranch Towne Center Development Agreement Ciry ofSeal Beach ` August 23, 1999 II 1.2 Statement of Benefits The parties hereto have determined that the Project is a development for which a development agreement is appropriate. Development of the Project in accordance with • a development agreement will provide for the orderly development of the Property in accordance with the objectives set forth in the General Plan. Moreover, a development agreement for the Project will eliminate uncertainty in planning for and securing orderly development of the Project, ensure attainment of the maximum . efficient utilization of resources within the City at the least economic cost to its citizens, and achieve the provision of public services, public uses, urban infrastructure and other goals and purposes for which the Development Agreement Act was enacted, all in the promotion of the health, safety and general welfare of the City of Seal Beach o and its residents. In exchange for these and other benefits to the City, Owner will receive the assurance that Owner may develop the Project during the term of this Agreement, subject to the terms and conditions herein contained. City has undertaken the necessary proceedings, has found and determined that this Agreement is consistent with the General Plan and has adopted Ordinance No. 1440 approving this Agreement. However, in the event of any conflict between the provisions of the General Plan, the Zoning Ordinance, or any other provision of the Code, and the provisions of this Agreement, the provisions of this Agreement shall prevail. 14 This Agreement does not (1) grant density or intensity in excess of that otherwise established in the Project Approvals, (2) supersede, nullify or amend any condition imposed in the Project Approvals, (3) guarantee to Owner any profits from the • Project, (4) prohibit or, if legally required, indicate Owner's consent to, the Property's inclusion in any public financing district or assessment district, except as specified c . herein, or (5) amend the General Plan. City, as a result of the development of the Property in accordance with this Agreement, will receive substantial benefits, including: commercial development of an intensity and aesthetic quality desired by the community, additional employment opportunities, improved traffic facilities, increased property and sales tax revenues, the provision of public improvements of a type, size and capacity in excess of those which would otherwise be required for development of the Property; reduction of the amount of commercial development directly adjacent to residential uses within the City; the preservation of open space from development for a specified term of years (30 years); and the improvement and dedication of open space and provision to the residents of - City of desired recreational facilities which would not be provided in the absence of this Agreement. Because of the complexities of development of the Property, certainty in land use, • . density and intensity to both the City and the Owner in the development process is an AI/ absolute necessity. Development of the Property necessitates a significant commitment of resources by Owner in order for such development to be completed successfully. i Bixby OW Ranch Development Agreement 2.doe 2 - . E • • Bixby Old Rands Tml enter Development Agreement City ((Seal Beach August 23, 1999 Accordingly, in return for the commitments contained herein, City desires to make a • commitment to the certainty of the development process for the Property, as further refined by this Agreement. In consideration of the substantial improvements and benefits to be provided by Owner pursuant to this Agreement, in consideration of Owner's agreement to provide certain recreational facilities as set forth in this Agreement, and in order to strengthen the public planning process and reduce the economic costs of development, by this Agreement, the City provides Owner assurance that it can proceed with the . development of the Property for the term of this Agreement pursuant to the land use, density and intensity specified in the Zoning Ordinance, the Project Approvals and this Agreement. Owner would not enter into this Agreement or agree to provide the public benefits and improvements described in this Agreement if it were not for the agreement of the City that the Property can be developed during the term of this Agreement in accordance with the Zoning Ordinance and Project Approvals land use, density and intensity except as expressly provided otherwise herein. 1.3 Definitions 1 . For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise *quires: 1.3.1 "Applicable Rules" means the ordinances, resolutions, rules, regulations, • requirements and official policies of City in force as of the Effective Date governing development agreements, permitted uses of the Property, parking, development standards, density and building intensity, subdivision, zoning, grading, landscaping, signage and design,; improvement and construction standards and specifications applicable to development of the Project, including, without limitation, designation of the Property on the City's zoning map as C -2 zoning, and shall also include the Project Approvals. 1.3.2 "Approval Ordinance" means Ordinance No. 1440, adopted by the City Council of the City on November 23, 1998, approving this Agreement. 1.3.3 "City" means the City of Seal Beach, California. 1.3.4 "Code" means the Code of the City of Seal Beach. 1.3.5 "Council" means the City Council of the City of Seal Beach. . 1.3.6 "Development Agreement Ad" means Sections 65864, et seq., of the California Government Code. ill Bixby Oka Ranch Development Agreement 2.doe 3 • • Bixby OVdRanch Towne Center Development Agreement City ofSeal Beach August 23, 1999 • s 1.3.7 "Development Agreement Ordinance" means Article 27.5 of the Zoning Ordinance. 1.3.8 "Development Impact Fees" means and includes all fees routinely charged by the City and . all development impositions routinely imposed by the City in connection with the application, processing and approval or issuance of permits for the development of property, including, without limitation: application fees; permit processing fees; inspection fees; utility capacity fees; service or connection fees; development impact or major facilities fees; park fees; flood control fees; !; environmental impact mitigation fees; affordable housing fees; and any similar governmental fees, charges and exactions required for the development of the Project. Regulatory Fees (constituting the categories and types of fees and charges that are limited pursuant to * Section 3.3.1(2) and 3.3.1(3) of this Agreement) are the Development Impact Fees which include all charges, levies and impositions that are or would be categorized as regulatory fees or as development impositions under applicable law as of the Effective Date, in contrast with special taxes. 1.3.9 "Director" means the Director of Development Services of the Qty. 1.3.10 "Effective' Date" means the date when this Agreement becomes effective, as such date is defused and set forth in Section 2.8.1 of this Agreement. •, 1.3.11 "kilt" means the Environmental Impact Report for the Project dated September, 1998, prepared and certified under the provisions of the California Environmental Quality Act (Public Resources Code § 21000, et seq.), as subsequently revised. 1.3.12 "General Plan" means the General Plan of City. • 1.3.13 "Golf Course" means the Old Ranch Country Club golf course as reconfigured to accommodate the Project pursuant to the Project Approvals. The approximate anticipated configuration of the Golf Course is set forth in Exhibit "A" hereto. 1.3.14 "Mortgagee" means a mortgagee of a mortgage and a beneficiary under a deed of trust. 1.3.15 "Old Ranch Tennis Club" or "Tennis Club" shall mean that parcel of land described on Exhibit "B" and all structures permanently affixed thereto. 1.3.16 "Owner" means Bixby Ranch Company and each of its respective successors and assigns to all or any portion of the Property during such time as such portion is subject to this Agreement Bixby Ranch Company represents that it is the legal Owner of the "'entire Property as of the date of adoption of the Approval Ordinance. Bixby ow Ranch Development Agreemcat 2.doe 4 r • 0 • I Bixby Old Rand, Towne Center DevelopmaitAgreement Ciry afSeal Beach August 23, 1999 0 1.3.17 "Prgied" means the Property and the proposed development of the Property described in Section 2.3 of this Agreement. 1.3.18 "Project Approvals" means all City discretionary entitlements approved for the development ' of the Project as of the date of adoption of the Approval Ordinance, which approvals are as follows: 1.3.18.1 Council Resolution No. certifying the Final nvironmental Impact Report for the Project, adopting certain findings required by the California Environmental Quality Act, and approving a Mitigation Monitoring Program; . _ 1 1.3.18.2 Council Resolutions No. through , amending the following elements of the General Plan: Land Use, Housing, Circulation, Noise, Open Space/ Conservation /Recreation, and Bikeways; 1.3.18.3 Council Ordinances No. through , approving amendments to the Qty Zoning Map and Zoning Code as required to effect the Project; and 1.3.18.4 This Development Agreement approved by Ordinance No. 1440. 411 1.3.18.5 An lot line adjustment, J t, parcel map, tentative subdivision map and final subdivision map applicable to the Property and consistent with this Agreement. Project Approvals also include amendments to any of the foregoing approved by the City which are in compliance with this Agreement; and all conditions of approval adopted by the City Council in connection with any of the foregoing. 1.3.19 "Property" means all real property which is subject to this Agreement. The Property as of the Effective Date is described in Exhibit "C ". For purposes of reference in this Agreement, the Property is divided into the following segments (from north to south): 1.3.19.1 "Area D" means that 15.65 acre portion of the Property at the northerly end of the Property upon which uses less intense than commercial/retail shall . be permitted as set forth in Section 3.1.1.1 of this Agreement. Area D is described in Exhibit. "D ". 1.3.19.2 "Area A" means that 26.045 acre portion of the Property southerly of Area D, fronting on Seal Beach Boulevard, and located north of Lampson Avenue which shall be utilized for commercial purposes as set forth in Section 3.1.1.2 of this Aiii Agreement. Area A is described in Exhibit "E ". IIP • Bixby ad Ranch Development Ag'eenoaN 2.doe 5 • • i t • Bixby Old Ranch Tame Colter Development Agreement Cr y of Seal Beach 1 1 August 23, 1999 1.3.19.3 "Area C" means that 157 acre portion of the Property located southerly and easterly of Area A and north of Lampson Avenue which shall be utilized for commercial recreational purposes as set forth in Section 3.1.1.3 of this Agreement. Area C is described in Exhibit "F ". 1.3.19.4 Area B" means that portion of the Property at the south- easterly . corner of Seal Beach Boulevard and Lampson Avenue of which, subject to City approval, the 8.57 developable acres shall be utilized for a commercial complex and the remaining five (5) acres shall be utilized for the landscaped buffer, including a sign of not more than 50 feet in height and 267 square feet on each face oriented towards the freeway to identify the commercial center located on Area A, and possible street and freeway widening as set forth in Section 3.1.1.4 of this Agreement. Area B is described in Exhibit "G ". i Reference to the Property shall mean and include reference to any portion of the Property whether or not such portion is held in common ownership with the remainder of the Property. 1.3.20 "Site Development Plan" means a site plan and description of proposed uses for a parcel of Property submitted and processed in accordance with the ; 41) - requirements. bf Section 3.1.3 of this Agreement. 1.3.21 "Term" means the term of this Agreement, as provided in Section 2.8.1 of this Agreement. 1.3.22 "Vested Rules" means the Applicable Rules, the Project Approvals and this Agreement collectively. • 1.3.23 "Zoning Ordinance" means the comprehensive Zoning Ordinance of the City, found in Chapter 28 of the Code of the City of Seal Beach as it exists on the Effective Date. • 2. THE DEVELOPMENT AGREEMENT PROCESS 2.1 Public Hearings i On September 9, October 21, and November 4, 1998, the Planning Commission of the City, after giving notice pursuant to Sections 65854, 65854.5 and 65856 of the • California Governmeht Code, held public hearings on Owner's application for this Agreement. The City Council of the City, after providing public notice as required by • law, similarly held public hearings on November 9, November 17, 1998, and on August 23, 1999, the City Council held another public hearing to consider re- A D approving this agreement. I Bixby Old Rand+ Development Agreement 2.doe 6 • • • Bixby Old Ranch Towne Center Development Agreement City of Seal Beach August 23. 1999 2.2 City Council Findings 0 • The City Council finds that review of the environmental impacts of the Agreement - and the Project Approvals has been conducted in accordance with the provisions of the • California Environmental Quality Act ( "CEQA *; Public Resources Code § 21000 et seq.) and the State and local guidelines adopted thereunder, and the City Council has given consideration to such environmental review prior to its approval of the Agreement and Project Approvals and has undertaken all actions necessary to comply with CEQA, including, but not limited to, adoption of a statement of overriding considerations in connection with approval of the Agreement and the Project Approvals, all as required by law. The City Council further finds that the Agreement • is consistent with the General Plan and all other applicable plans, policies and regufations of the City of Seal Beach. 2.3lml The Project consists of the development and construction on the Property permitted under this Agreement and the Project Approvals, which include, without limitation, - open space, residential, commercial and recreational development as approved by the City and as more fully delineated in this Agreement . • 2.4 Project Approvals I • By • Council Resolution No. _ , the City Council certified the Final Environmental Impact Report for the Project, adopted certain findings required by the California Environmental Quality Act, adopted a Statement of Overriding Considerations and approved a Mitigation Monitoring Program; s By Council Resolutions No. through , the City Council amended the following elements of the General Plan: Land Use, Housing, Circulation, Noise, Open Space/Conservation/Recreation, and Bikeways; By City Council Ordinances No. through , the City Council approved amendments to the City Zoning Map and Zoning Code as required to effect •- the Project, and By Qty Council Ordinance No. 1440 the City Council approved this Development Agreement. . , In addition, City has undertaken the necessary proceedings, has made the findings required by law, and has approved the Project Approvals. 2.Sjustifiable Reliance Bixby • Old Raodi Development Agreement 2.doc 7 • Bixby Old Ranch Towne Center Development Agreement City of Seal Beach .,� August 23, 1999 - City acknowledges that, in investing money and planning effort in and to the Project and all public improvements and dedication offers required hereunder, and in undertaking commencement of the Project, Owner will be doing so in reliance upon City's covenants contained in this Agreement and upon the enforceability of this Agreement, and City agrees that it will be reasonable and justifiable for Owner to so rely. • • 2.6Project Is Private Undertaking It is specifically understood and agreed to by and between the parties hereto that: (1) the subject development is a private development; (2) except for the obligations of the City described herein, if any, the City has no responsibilities for or duty to third parties concerning any public improvement until such time and only until such time that the City accepts the same pursuant to the provisions of this Agreement or in connection with any subdivision map approval; (3) Owner shall have full power over and exclusive control of the real property herein described subject only to the limitations and obligations of Owner under this Agreement and the Project Approvals; and (4) the contractual relationship between the City and Owner is such that Owner is • not an agent of the City nor is City an agent of Owner. Notwithstanding the foregoing, nothing contained in this Agreement shall be deemed to waive or modify any otherwise applicable obligations the City, acting in its governmental capacity and not as a party to this Agreement, may have to Owner or any other party, under and in accordance with all applicable laws. 2.7 July 14. 1997 Memorandum of Understanding Under a Memorandum of Understanding ("MOU ") between City and Owner dated July 14, 1997, Owner has previously paid City an amount sufficient to reimburse City for all costs incurred by City in processing (i) Owner's applications for the Project Approvals and (ii) this Agreement, except for those costs for which Owner has not been billed. With respect to City's costs for which Owner is responsible under the MOU, of which Owner receives notice after the adoption of this Agreement, Owner shall pay such fees and costs within thirty (30) days after receipt of notice. Owner shall be obligated to reimburse the City for such costs regardless of whether any part of the Property is developed, and Owner's reimbursement obligation shall survive any termination of this Agreement. Notwithstanding any provision to the contrary therein or herein, it is the intent of the parties that the MOU shall remain in full force and effect until the Effective Date, as that term is defined in Section 2.8 of this Agreement. The first sentence of Section 12 of the MOU, which states: {• Bixby as Ranch Development Agreement 2.doe g • Bixby Old Ranch Towne ter Development Agreement City of Seal Bench August 23 1999 "This Agreement [the MOU] shall terminate upon adoption • by the City of a development agreement for the proposed 1j•" i is hereby amended to read: "This Agreement shall terminate upon the effective date of a development agreement for the proposed project." 2.8 Term 2.8.1 The Term 'of this Agreement (the "Term') shall commence upon the date the Approval Ordinance becomes effective (the "Effective Date "), provided, however, that () if the Approval Ordinance is made the subject of a referendum, the Effective Date shall be the date when the referendum proceedings have been concluded by any process which results in the Approval Ordinance becoming effective; and (ii) if litigation challenging' the validity of this Agreement should be brought after the effective date of the ;Approval Ordinance but within the statute of limitations, the Effective Date shall be the date such litigation is concluded in a manner that permits the legal commencement of the parties' obligations under this Agreement. If the Term has not commenced by the fourth ( 4th) anniversary date hereof, then this Agreement shall have no further force or effect unless the parties extend the same by duly executed written instrument. This Agreement shall remain in effect for ten (10) years 1111 from the Effective Date, unless the Term is extended by duly adopted amendment hereof or earlier terminated in accordance with the provisions hereof. 11 Notwithstanding the foregoing, expiration or termination of this Agreement shall not affect any right vested under law independent of this Agreement, nor shall any obligation or right established by this Agreement which pursuant to the terms hereof extends beyond such ten (10) year term expire or terminate until such time as is established herein. • 2.8.2 The term of any parcel map, tentative subdivision map, or vesting tentative subdivision map relating to the Property or any portion thereof shall be extended (pursuant to Government Code § 66452(a)) for the longer of: () the Term, or (ti) the term of the particular map otherwise allowed under the Subdivision Map Act (Government Code 0 66110, et seq.) and the City's Subdivision Ordinance. 3. DEVELOPMENT OF PROPERTY 3.1 Land Use Approvals and Covenants • Bixby Old Ranch Development Agreement 2.doc 9 -J _______ _ -_ - ._.- �__ _.�_ _ _ - . • Bixby Old Real. Town Center Development Agreement �� City ofSeal Beach Arguer 23, 1999 3.1.1 Land Uses. Densities and Intensities. The land uses, density of development and intensity of development shall be as set forth in the Applicable Rules and Project Approvals, except as specifically limited by the criteria in this Agreement. - 3.1.1.1 Area D. Area D may be subdivided into not more than 90 .• parcels, of which not more than 75 parcels shall be residential lots, with the exact number to be determined at the discretion of the Owner, including a 2.5 acre park. Uses on parcels within Area D shall be limited to the type of uses which are permitted by the Applicable Rules and generally and reasonably recognized to be of a lesser intensity of use than retail/commercial uses as specified in the Project Approvals, so as to provide a buffer between Area A and the existing residential uses adjacent to Area D. In addition to such designated uses, the Planning Commission or City Council may determine that any other use otherwise permitted by the Applicable Rules is consistent with this criteria or may be made consistent with this criteria by the imposition of specific operating or construction conditions. 3.1.1.2 .Area A. Area A may be subdivided into not more than 10 parcels, with the exact number to be determined at the discretion of the Owner. Parcels within Area A shall be used for retail/commercial uses as permitted under the General Commercial - C2 designation of the Applicable Rules, provided, however, that there shall be located in Area A a retail center with at least one tenant of sufficient size and marketing area to serve as an "anchor" for the center. Said anchor shall come from one or more of the following categories: apparel/department store, general merchandising, home improvement, or supermarket, provided, however, that the Planning Commission or City Council may determine that any other catego ry of use otherwise permitted by the Applicable Rules will provide an adequate anchor to the retail center. Development in Area A shall be consistent with the architectural theme depicted on Exhibit "R ". There shall be no access into the unincorporated community of Rossmoor directly from the 26.045 acre shopping center driveway entrance at St. Cloud Drive. Exiting movements from the retail shopping center at St. Cloud Drive shall be limited to right and left turn movements only. Exiting the shopping center across Seal Beach Boulevard at St. Cloud Drive into the Rossmoor community will be physically prohibited. , • t 3.1.1.3 Area C. Area C consists of one parcel. Pursuant to Section 3.2.5.11 of this Agreement, Owner agrees to limit, for a period of thirty (30) years from the Effective Date, uses on parcels within Area C to the following: commercial golf course, public or private; golf course clubhouse; golf driving range and appurtenant driving range uses; golf course maintenance operations; open space; landscaping, and parking for golf course uses. 3.1.1.4 Area B. Area B may be subdivided into not more than 5 parcels, 1 with the exact number to be determined at the discretion of the Owner. Uses on parcels within Area B shall include a hotel and an assisted senior citizen living housing • Bixby as Ranch Development Agreement 2.41oe . 10 UP • • Bixby OVdRanch Towne Center Development Agreement Ciy of Seal Beach • August ?3.1999 structu • Other uses permitted on parcels within Area B shall be compatible with the hotel and assisted living structure, as determined in the reasonable discretion of the developers or operators of said uses. In addition, there shall be located within Area B a landscaped green belt, including a sign of not more than 50 feet in height and 267 square feet of sign area on each face oriented towards the freeway to identify the commercial center located on Area A, and possible street and freeway widening area of approximately five (5) acres in the general location and shape shown on Exhibit "G ". In the event that the proposed Marriott Senior Care Center does not receive all necessary governmental approvals for the site, any substitute land use shall not be more intense in terms of traffic and air quality impacts that would arise from such senior care center use, as identified in the Bixby Old Ranch Towne Center E1R. 3.1.2 Vesting of Righta 3.1.2.1 Right to Develop Property. City agrees that during the Term of this Agreement, Owner shall have the right to develop and use the Property in accordance with the land uses, densities and intensities, the zoning, and the development standards, conditions and improvement requirements specified in the Applicable Rules, the Project Approvals and this Agreement (collectively, the 'Vested Rules'), subject to Site Development Plan review in accordance with Section 3.1.3 hereof. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to obligate Owner to initiate or complete development .of the Property or any portion thereof within any period of time or at all unless specified herein. 3.1.2.2 Certain Changes Prohibited Without Consent of Owner. Except as otherwise provided in this Agreement, during the Term of this Agreement, the City shall not, as to the Property, without the prior written consent of Owner: (a) change the Vested Rules or any one thereof so as to prevent or adversely affect development, • construction or operation of the Property in accordance with the Vested Rules; or (b) apply to the Property any new or amended ordinance, resolution, rule, regulation, requirement or official policy that is inconsistent with the Vested Rules, so as to prevent or adversely affect development, construction or operation of the Property in accordance with the Vested Rules; or (c) apply to the Property any new or amended ordinance, resolution rule, regulation, requirement or official policy that requires additional discretionary review or approval; or (d) apply to the Property any new or amended ordinance, � esolution, rule, regulation, requirement or official policy that materially, adversely affects the timing or phasing of construction or development, or which limits the availability of utilities or other infrastructure for the Property. 3.1.2.3 Rights are Vested. Unless amended or terminated in the manner specified in this Agreement (and subject to the provisions of this Agreement), Owner shall have the rights and benefits afforded by this Agreement and this Agreement shall be enforceable by Owner and the City notwithstanding any growth control measure or any development moratorium adopted after the Effective Date, or any change in the Bixby Old Rands Development Agreement =.ace 11 • • • Bixby Old Ranch Towne Center Development Agreement Ciry ((Seal Beach August 23, 1999 applicable general or app g specific plans, zoning, subdivision or building regulations adopted by the City which alter or amend the Vested Rules or the adoption of any new or amended ordinance, resolution, rule, regulation, requirement or official policy that is inconsistent with the Vested Rules so as to prevent or materially adversely affect development, construction or operation of the Property in accordance with the Vested Rules. This Section shall be construed to prohibit the City from applying to the Property any development moratorium that is adopted specifically to prohibit the construction of the Project, or as an interim measure pending contemplated general plan, specific plan or zoning changes, or as a general growth control management measure without other bona fide reasons relating to unforeseeable emergency situations (as described in Section 3.1.2.5, below). 3.1.2.4 Pte. Notwithstanding any other provision to the contrary, nothing herein contained shall be deemed to prevent adoption and application to improvements upon the Property of laws, ordinances, uniform codes, rules or regulations pertaining to or imposing life - safety, fire protection, mechanical, electrical and/or building integrity requirements to the extent that such regulations apply generally throughout the City. The City Codes that currently contain such laws and regulations are (i) Uniform Building Code, 1994 Edition, as amended by Part 2, Title 24, California Code of Regulations; (ti) Uniform Mechanical Code, 1994 Edition, as amended by ,Part 4'of Title 24, California Code of Regulations; (iii) Uniform Plumbing Code, 1994 Edition, as amended by Part 5 of Title 24, California Code of Regulations; (iv) Uniform Swimming Pool, Spa and Hot Tub Code, 1994 Edition; (v) Uniform Housing Code, 1994 Edition; (vi) Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition; (vii) Uniform Sign Code, 1994 Edition; (viii) National Electric Code, 1993 Edition, as amended by Part 3 of Title 24, California Code of Regulations; (ix) Uniform Fire Code, 1994 Edition, including Appendices PPendioes I -B through V -A, V1 -A, VIE and VI-G thereof, except for Appendices 11 -H and IV -A, and including those amendments to that Code set forth in Title 24, California Code of Regulations; (x) Uniform Solar Energy Code, 1994 Edition; (xi) Uniform Building Security Code, 1994 Edition; (xii) Uniform Administrative Code, 1994 Edition; and (xiii) Appendix Chapter 1 of the 1994 Uniform Code for Building Conservation. 3.1.2.5 Reservation of Right to Apply Certain Development Moratoria and Utility Service Limitationg. Notwithstanding any provision to the contrary contained herein, the City expressly reserves the right to apply to the Property any development moratorium, limitation on the delivery of City provided utility services, or other generally applicable emergency rule, regulation, law or ordinance: (a) which is based on genuine health, safety and general welfare concerns (other than general growth management issues); (b) which arises out of a documented emergency situation, as declared by the President of the United States, Governor of California, or the Mayor or City Council of the City of Seal Beach; and (c) based upon its terms or its effect as applied, does not apply exclusively or primarily to the Property. � 1 Bixby as Ranh Devdopmeot Agreement 2.doe 12 • • • Bixby Old Ranch Tonle Carter Development Agreement Ciy of Seal Beach Argrst 23, 1999 40 3.1.2.6 Other Governmental Approvals. The parties do not contemplate that development of the Project pursuant to this Agreement shall be subject to the approval of any other governmental agencies. 3.1.2.7 Project Phasing. Building permits for residential construction in Area D shall not be issued by City until City's inspectors have approved interior lath or drywall inspections for the commercial construction of Retail "A ", Retail "B ", Retail ".0 ", and Retail "D" structures in Development Area A. 3.1.3 Subsequent Discretionary Approvals: Site Development Plan Review 4 3.1.3.1 Site Development Plan Approval Required. Owner shall be required to obtain the approval by the City Council of a Site Development Plan in accordance with the provisions of this Section for the development of the Property and the issuance of all permits required therefor. The parties acknowledge and agree that the approval of a Site Development Plan and issuance of permits shall be subject to the Applicable Rules, the•Project Approvals, and any applicable laws in effect at the time that an application is submitted for Site Development Plan op approval which are not expressly superseded by this Agreement. 3.1.3.2 Responsibility of Owner. The obtaining of Site Development Plan approval and all necessary permits for the development of the Property, and • complying with the conditions thereof, shall be the sole responsibility of Owner. , 3.1.3.3 Responsibility for Paying Fees. Owner shall be responsible for paying when due all Development Impact Fees in connection with the approval of a Site Development Plan and issuance of permits for the Property at the rates established by this Agreement. 3.1.3.4 Aptiroval of Site Development Plans. The City shall review and approve, approve with conditions, or disapprove a proposed Site Development Plan submitted pursuant to this Agreement in accordance with the procedures and times established in Article 29 of the Zoning Ordinance, except as modified by this Agreement. Once a Site Plan is approved by the City, it shall not subsequently be disapproved by the City. 3.1.3.5 Standard of Review. The City shall have the right to disapprove or condition approval of a proposed Site Development Plan provided, however, that in its review and approval of Site Development Plans submitted pursuant to this Agreement, the City shall be bound by, and shall not disapprove or condition a Site Development Plan in a manner that is not consistent with the Applicable Rules and the Project Approvals. IIP Bixby Old Ranch Development Agreement 2.doc 13 • Bixby Old Ranch Towne Center Development Agreement Ciy of Seal Beach Amgen 23, 1999 3.1.3.6 Reservation of Right to Impose Certain Conditions. In connection with the review of a Site Development Plan, the City shall have the right (a) to impose reasonable conditions on development that are not inconsistent with the Applicable Rules and the Project Approvals, and provided such conditions do not prevent or unreasonably affect development, construction or operation of the Property in accordance with the Vested Rules; and (b) to impose reasonable conditions deemed necessary by the City to mitigate environmental impacts identified in a subsequent or . • supplemental environmental impact report or negative declaration prepared in connection with a proposed Site Development Plan, which impacts could not reasonably have been foreseen at the time of approval of this Agreement or are otherwise required to be mitigated in accordance with a preemptive State law in effect at the time of the Site Development Plan review. 3.1.3.7 Effect of Site Development Plan Approval for the Property. Following approval of a Site Development Plan for the Property, the City shall not subsequently disapprove the building, grading and similar permits necessary for the development of the Property in accordance with such Site Development Plan, if the final plans and specifications are consistent with the approved Site Development Plan, • if Owner satisfies all applicable conditions for such permit as set forth in the Applicable Rules, the Project Approvals, and the approved Site Development Plan, and if Owner is not in default of this Agreement. 3.1.3.8 Construction to be Consistent with Approved Site Development Plans. Owner shall construct or cause to be constructed all improvements on the • Property in accordance with the approved Site Development Plan and permits. Such Parcel shall be developed as established in the Applicable Rules, Project Approvals, and the approved Site Development Plan and related documents, except as changes may be mutually agreed upon between the City and Owner. Any such changes shall • be within the limitations of the Applicable Rules and the Project Approvals. 3.1.3.9 Revisions Required by Other Governmental Approvals. If any revisions or corrections of plans approved by the City shall be required by any government official, agency, department or bureau having jurisdiction over the development of the Property (except the City), Owner and the City shall cooperate in efforts to obtain waiver of such requirements or to develop an acceptable alternative that complies with such additional requirements. 3.1.3.10 Revisions Requested by Owner. If Owner desires to make any change in an approved Site Development Plan after its approval, such proposed change shall be submitted to the City for approval in accordance with this Section 3.1.3. Bixby Old Rands Development Ag eeimeot 2.doo 14 Bixby Old Ranch Towne Center Development Agreement Ciy cfSeal Beach Argrxt 23, 1999 3.1.4 Assignment by Owner • 3.1.4.1 Upon written notice submitted to the City not less than thirty (30) days prior to each transfer or assignment, the rights and obligations of Owner as to the . Property under this Agreement may be transferred or assigned from time to time during the Term of this Agreement, provided that such transfer or assignment is either (a) made as part of a transfer, assignment, sale or lease of all or a portion of the Property, or (b) pursuant to an assignment of a security interest in the Property or a portion thereof to a Mortgagee as security for financing of the development and operations of the Property or applicable portion thereof (including, without limitation, any combination of purchase financing, construction financing, bridge loans, take-out and permanent financing). Any such transfer or assignment shall be subject to the provisions of this Agreement and the controls and limitations contained herein. Any such assignee or transferee (except the holder of a security interest prior to the time the transfer pursuant to the security interest is effective) shall enjoy the rights of Owner under this Agreement as such rights pertain to Property. Assignments or transfers pursuant to a security interest shall be effective at such time as the holder of the security interest exercises any right to obtain fee title to the Property or portion thereof by exercise of the security interest. • 3.1.4,2 Concurrently with the "submission of the notice of impending transfer or assignment by Owner, Owner shall submit to the City (a) a fully executed -110 instrument, in form and content reasonably acceptable to the City, pursuant to which the transferee expressly assumes and agrees for the benefit of the City to perform the obligations of Owner under this Agreement applicable to the Property being conveyed, and (b) an acknowledgment, in form and content reasonably approved by the City and executed by the transferee, pursuant to which the transferee acknowledges that the transferee has "read and understands this Agreement and all of the provisions hereof. The City agrees to consider the pre - approval of any form of proposed instruments submitted by Owner pursuant to this Section 3.1.4.2 prior to the execution of such instruments. . 3.1.4.3 In addition to the notice referred to above, Owner shall submit written notice to the City immediately upon the consummation of any such transfer or assignment and • shall include in such notice a fully executed copy (showing all • recordation information for any recordable documents) of the instrument(s) by which • the transfer or assignment was effected. If a person or entity transfers or assigns its entire interest in the Property or any portion thereof, such person or entity shall be released from its obligations under this Agreement as to such portion of the Property upon compliance with the provisions of this Section 3.1.4. 3.2 public Improvements and Utilities • • Bixby as Ranch Development Agreement 2.doe. 15 • • • • Bixby Old Ranch Towne Center Development Agreement Ciry of Seal Beach ,r• August 23, 1999 `� 3.2.1 Installation Obligations. The parties hereby agree that the obligations to install public improvements and utilities necessary for the development of the Property • shall be as set forth 'in the 'Description of Public Improvements' attached to this Agreement as Exhibit "H ", except as set forth in Section 3.2.5 of this Agreement. 3.2.2 City- Provided Utilities: Reservation of Sufficient Capacity. To the extent that it is within the control of the City, the City shall use its best efforts to ensure that there shall be sufficient capacity, facilities and services with respect to City provided utilifies to complete construction on the Property and open the uses thereon to the public. The City agrees that if limitations in the provision of utilities become necessary due to the existence of an emergency situation, they shall be applied only to the extent necessary to respond to such emergency, and shall not be applied against the Property in a discriminatory manner. 3.2.3 City - Provided Utilities: Nondiscriminatory Rates and Provision of Service. The City agrees that rates and charges for City provided utilities for the Property shall not be set or imposed in a discriminatory manner, but shall be those rates and charges that are or would be `generally applicable to any user of a comparable quantity and quality of the utility use in the City (i.e., any other entity whose use or consumption of the utility is comparable to that of Owner), and that the City shall not discriminate Aft against the Property in the provision of any City- provided utilities (such as potable and - reclaimed water, sewer and drainage). 3.2.4 FIR Mitigation Measures. Owner shall at its own expense timely perform all mitigation measures identified in Exhibit "I ", attached hereto and incorporated herein by this reference, except as set forth herein. Notwithstanding anything in this Agremnent to the contrary, City and Owner agree that all traffic impacts from the Project identified in the EIR shall be completely mitigated by: (i) the traffic impact fees paid by Owner to the City in the course of the development on the Property, (ri) the traffic improvements Owner is required to complete pursuant to this Section 3.2, and (Ai) construction by Owner of the following signalization enhancements: () adjacent to Area D, at Seal Beach Blvd. and Rossmoor Way; (ii) adjacent to Area A, at Seal Beach Blvd. and SL Cloud, including a new signal at Seal Beach Blvd. at the Home Savings building; (iii) modification to the signal at Lampson Ave. and Basswood Street for relocated access to the Old Ranch County Club; and (iv) additional traffic control measures as required by the City to mitigate. Such signalization enhancements shall be installed, completed and operating prior to the earliest of the following events: issuance of any occupancy permits; opening of the driving range; re- opening of the golf course. 3.2.5 Dedications. Reservations and Conditions of Development. 1 11 3.2.5.1 Old Ranch Tennis Club. Concurrently with the application for this Agreement, Owner applied for a zone change to change the zoning designation of the Bixby as Ranch DevdopmentAgreement 2.doo 16 • • Bixby Old Rand, Towne Carter Development Agreement Ciy efSeal Beach August 23, 1999 Tennis Club to Public Land Use/Recreation (PLU/R). Owner hereby offers to dedicate the Tennis Club to the City at no cost to the City, in an "as is" condition, subject only to those encumbrances of record set forth on Exhibit "J ". Owner has made no representations as to the condition of the Tennis Club as of the date of this Agreement, nor shall this Agreement be deemed to impose any obligation on Owner to maintain the Tennis Club in any particular condition. Upon acceptance of this offer of dedication, Owner will also pay to the City the sum of One Million Dollars ($1,000,000.00). Such money shall be used for improvements that will benefit the College Park Fast neighborhood, including but not limited to improvements related to the Tennis Club property. This offer of dedication and payment shall begin on the Effective Date and shall remain open for a period of five years, and may be accepted by die City at any time after the Effective Date by sending written notice of such acceptance to Owner. 3.2.5.2 Community Police Center. Owner agrees to set aside for the use of the City sufficient land within Area A to accommodate a community police center and other public uses, and to construct building shell improvements for such facility prior to the issuance of_ any occupancy permits for the commercial development contemplated for Arei A. Such facility shall contain between 2200 and 2500 square . feet of usable. space for City use Any land and building shell improvements provided to City by Owner pursuant to this subsection shall remain the property of Owner but may be utilized by City at no cost to City fora period of thirty (30) years. In addition, Owner shall provide to City a tenant improvement allowance of $20,000 for tenant e improvements, furnishings, and fixtures required to make such land or building shell t. improvements functional for use as a community police center and other public uses. City shall be responsible for all maintenance of such land and improvements and for all utility use at the community police center. This offer of use rights in land and improvements shall become effective on the Effective Date and shall remain in effect for the Term of this Agreement. Should the City desire after thirty (30) years to continue to utilize such land and improvements, Owner agrees to undertake good faith negotiations with the City as to the appropriate rent for such land and improvements. 3.2.5.3 Green Belts. 3.2.5.3.1 Owner hereby offers to dedicate to the City for landscaping, future freeway ramp widening and street widening, and to execute and record such documents (whether covenants on title or otherwise) as are reasonably determined by the City to be necessary to restrict development to landscaped green belt use, a total of approximately five acres of land in Area B at no cost to the City, subject only to those encumbrances of record set forth on Exhibit K. The approximate location of the land to be so dedicated or restricted in use is set forth in Exhibit "0", and includes that strip of land adjacent to the I-405 northbound off -ramp right-of-way at Seal Beach Boulevard as shown bn Tentative Parcel Map 97 -165. This offer of dedication and • land use restriction shall be effective for a period of S years after the Effective Date, Bixby ad Ranh Development Agreement 2.doe 17 4 • • Bisby Old Ranch Towne Center Development Agreement • . • City af Seal Beach August 23, 1999 • and may be accepted by the City at any time after the Effective Date by sending written notice thereof to Owner. City understands and agrees that if it accepts this offer of dedication, it shall obtain the five acre green belt parcel in "as is" condition as • of the date of acceptance of the offer, and that Owner has made no representations as to the condition of such land as of the date of this Agreement, nor shall this Agreement bd deemed to impose any obligation on Owner to maintain such land in any particular condition, except as may otherwise be required by the Project Approvals. 3.2.5.3.2 Owner hereby offers to dedicate to the City for landscaping and to execute and record such documents (whether covenants on title or otherwise) as • are reasonably determined by the City to be necessary to restrict development to landscaping, a forty (40) foot wide area along that portion of Seal Beach Boulevard immeF 1iately adjacent to the westerly boundary of Areas A and C at no cost to the City, subject only to those encumbrances of record set forth on Exhibit "K ". The approximate location of the land to be so dedicated or restricted in use is set .forth in Exhibit "S ". This offer of dedication and land use restriction shall be effective for a period of 5 years after the Effective Date, and may be accepted by the City at any time i after the Effective Date by sending written notice thereof to Owner. City understands and agrees that if it accepts the offer of dedication, it shall obtain this landscaping area in "as is" condition as of the date of acceptance of the offer, and that Owner has made no representations as to the condition of such land as of the date of this Agreement, nor shall this Agreement be deemed to impose any obligation on Owner to maintain (.i such land in any particular condition, except as may otherwise be required by the Project Approvals. Prior to the issuance of any building permits for the commercial development contemplated for Area A, Owner shall submit a landscaping plan for City . review. Prior to the issuance of any occupancy permits for the commercial development contemplated for Area A, Owner shall have a City - approved landscaping plan and shall install any landscaping required by the plan at its sole cost and expense. Further, Owner shall construct at its sole cost and expense, prior to the issuance of any occupancy permits for the commercial development contemplated for Area A, a twelve (12) foot wide bike path/sidewalk within this landscaped area along its entire length, at a location to be determined by the City. Such path/sidewalk is subject to City design approval. 3.2.5.4 - Monument Signs. Prior to the Effective Date, Owner shall grant to . the City easements over those portions of the Property described in Exhibit "L" to be used for the installation and maintenance of two (2) City /community identification monument signs, one each on the north and south sides of Lampson Avenue at the Seal Beach Boulevard intersection. Such 'grant shall be subject only to those encumbrances of record set forth on Exhibit "M ". Owner shall construct the . monument signs for the City at Owner's own cost and expense in accordance with design and material guidelines provided to Owner by the City. Upon completion of each sign, the City shall accept ownership,of the sign. The City agrees to indemnify l and defend Owner and its officers, agents and employees from any and all liability Bixby as Ranh Devdop nent Agreement tdoo la • • Bixby Old Ranch Towne Center Development Agreement Ciry ((Seal Balch August 23. 1999 • - arising from the City's use of the easements granted hereunder. City understands and 0 agrees that Owner has made no representations as to the condition of such land, nor shall this Agreement be deemed to impose any obligation on Owner to maintain such land in any particular condition, except as may otherwise be required by the Project Approvals. Notwithstanding any other provision in this Agreement, Owner shall be responsible for all maintenance of the sign and landscaping within each respective easement area, except major repairs of the signs. c it - 3.2.5.5 Median Landscaping. Prior to the issuance of any occupancy permits for any uses contemplated for Areas A, D or C, Owner shall at its own cost and expense construct median landscaping at the locations indicated in Exhibit "N" within the existing public right-of-way along Seal Beach Boulevard between Lampson Avenue and Rossmoor Way in accordance with design and material guidelines provided to Owner by the City. 3.2.5.6 Maintenance of Iandsc a p n . Unless otherwise indicated herein, all the landscaping and signage referenced in 3.2.5.3 through 3.2.5.5 shall be and remain } the property of the City, and the City shall be responsible for all maintenance thereof. To fund such maintenance, the City may establish one or more landscape maintenance districts. Should City determine to establish one or more landscape maintenance districts for such landscaping, G) Owner agrees not to protest the establishment of any - such maintenance district, and (ii) City agrees that as a condition of approval of any Ak m IIP ajor expansion or redevelopment of the Rossmoor Center City shall oP , ty require the Owner of the Rossmoor Center to participate in the maintenance district established to maintain the median landscaping described in Section 3.2.5.5, with the assessment for such landscape maintenance subsequently imposed upon the Rossmoor Center to be in . an amount proportionate to that imposed on the Property, as permitted by law. I 3.2.5.7 Lampson Avenue Enhancements. Owner agrees to make the following improvements along Lampson Avenue to improve the gateway into the College Park East community: (1) . Owner shall construct at its sole cost and expense a twelve (12) foot • wide bike path/sidewalk within public right-of-way adjacent to Lampson Avenue between Seal Beach Boulevard and Basswood Street at a location to be determined by =. the City. For the purposes of such bike path/sidewallc, Owner shall offer to dedicate - to the City a right-of-way easement of sufficient width to accommodate such twelve (12) feet wide bike path/sidewalk on property which Owner owns at such location. Such path/sidewalk is subject to City design approval. City understands and agrees . - that if it accepts the offer of dedication, it shall obtain the right-of-way easement in "as is" condition as of the date of acceptance of the offer, and that Owner has made no representations as to the condition of such land as of the date of this Agreement, nor shall this Agreement be deemed to impose any obligation on Owner to maintain such land in any particular condition, except as may otherwise be required by the Project _ • Bixby ad Ranch Development Agreement 2.doc 19 9 • Bixby Old Ranch Tame Center Development Agreement City afSeal Beach August 23 1999 • Approvals. City shall provide adequate right-of-way and construction easements as necessary to accomplish construction of the bike path/sidewalk along those portions of Lampson Avenue between Seal Beach Boulevard and Basswood Street which are not owned by Owner. (2) Bixby Ranch Company shall relocate the main access to the Old Ranch County Club from its current location on Lampson Avenue to the signalized intersection of Lampson Avenue and Basswood Street. In connection with such relocation, Bixby Ranch Company shall at its own cost and expense restripe that portion of Lampson Avenue to widen the bike lane in front of the club house at the Old Ranch County Club and provide all necessary signal improvements, in accordance with plans and specifications submitted to City by Owner and approved by the City. B (3) Bixby Ranch Company shall at its own cost and expense enhance - the entire southern edge of the Golf Course along Lampson Avenue with new landscaping and new fencing, the materials and design of which shall be at the sole discretion of Bixby Ranch Company, and in compliance with the Applicable Rules. In , undertaking such work, Bixby Ranch Company shall attempt to provide view corridors from the public right-of-way into the Golf Course whenever practical. • (4) Bixby Ranch Company shall at is own cost and expense improve the street drainage along Lampson Avenue by designing and constructing a minimum '�� of three additional catch basins to be located in the right -of - -way between Seal Beach Boulevard and Basswood Street, The number of required catch basins will be determined by the City. City shall review and approve the designs for such catch basins prior to their construction. (5) Bixby Ranch Company shall pay the City $35,000 for the purpose of removing the block wall located on the north side of Lampson Avenue between the Western Education Building and Parkwood, and to improve the landscaping in that same area. . (6) Bniby Ranch Company shall repair the wall and improve the • landscaping to the City's satisfaction in the area between the Lampson Avenue curve and Heather. 1 • (7) Bixby Ranch Company shall install landscaping to the satisfaction of the City on both ides of Lampson Avenue along the new location of the driving range. (8) The location of the access to the driving range shall be acceptable . to the City. AP . . i . Bixby old Ranch Development Agreement 2.doc 20 • • Bixby Old Ranch Titer Dievelopnieiit Agrventen/ • Gty of Seal Beach 1 August 23, 1999 3.2.5.8 f Water Retention Basin. In reconfiguring the Golf Co • Bixby Ranch Company shall provide for an additional thirteen percent (13%) to fifteen percent (15%) capacity in the flood retention easement located in Area "C" over and above the capacity that would otherwise be required by Orange County Flood Control District engineering requirements for the proposed land uses draining into such basin. In addition to its execution of this Agreement, Bixby Ranch Company shall execute and record an Amendment to Easement Deed, substantially in the form attached hereto as Exhibit "Q ", which shall amend that certain Easement Agreement granted by the ' • Fred M. Bixby Ranch Company to the City recorded April 7, 1967, as Instrument No.3790 in Book 8219, pages 920 -926 of the Official Records of the County of Orange) to evidence the flood retention easement established by this Section 3 .2.5.8. 3.2.5.9 Storm Drain. Owner shall at its own cost and expense construct that portion of City's Long Range Storm Drain Improvement Plan intended to evacuate the water flow from the College Park East Area down Basswood Street on to Area "C" at a higher; rate of speed than currently exists. In order to alleviate debris • blockage, Owner shall at its own cost and expense construct on -site etch basins each with an inlet twenty -five percent (25%) greater than the standard as set forth in the most recent edition of the "Orange County Local Drainage Manual ". 3.2.5.10 Water Well Site. Owner agrees to set aside for the use of the City • sufficient land within Area "C" to accommodate a new water well. Any land provided pursuant toy this section shall be made available at no cost to the City; 411 provided, that nothing in this offer shall be deemed to place upon Owner any obligation or duty to provide any improvement to or furnishings or fixtures required to . make such land functional for use as a water well. This offer to license the use of 7 Owner's land shall begin on the Effective Date and shall remain open for a period of ten (10) years from the Effective Date, and may be accepted by the City at any time after the Effective Date by sending written notice of such acceptance to Owner. The City agrees to indemnify and defend Owner and its officers, agents and employees from any and all liability arising from City's use of the license for water well use granted hereunder. The license to maintain the water well upon the Property shall be effective upon acceptance and shall remain effective for thirty (30) years. Should the c • City desire after the expiration of said period to continue to utilize such land for such _- purposes, Owner agrees to undertake good faith negotiations with the City as to the appropriate rent for such land. 3.2.5.11 Restriction of Use - Area C. Owner agrees for itself and its successors and assigns in Area C that for a period of not less than thirty (30) years from the Effective Date, use of Area C shall be restricted to the following uses: . commercial golf course, public or private; golf course clubhouse; golf driving range; golf course maintenance operations; open space; landscaping; water well; water retention; and parking for golf course uses. In addition to its execution of this Agreement, Owner agrees to execute and record such documents (whether covenants i . . Bixby as Ranch Development Agreement tdoc 21 . • • Bixby Old Ranch Towle Center Development Agreement Ciy of Seal Beach August 23. 1999 1111 on title or otherwise) as are reasonably determined by the City to be necessary to evidence the restriction on use of Area C established by this Section 3 .2.5.11. 3.2.5.12 Reservations or Dedications for Other Public Improvements. In addition to those reservations or dedications established by Sections 3.2.5.1 through 3.2.5.11 of this Agreement, the portions of Property to be reserved or dedicated for other public purposes pursuant to this Agreement, if any, shall be that property described as set forth in Exhibit "O ", attached hereto and incorporated herein by this reference. Unless otherwise indicated herein,. the property described in Exhibit "0" shall be dedicated by Owner not later than the issuance of a building permit for that portion of the Property upon which the dedicated land is located. The City shall take such actions as may be necessary to vacate any prior dedications, offers to dedicate and grants of easements that are no longer necessary for the development of the Project in accordance with this Agreement. The parties understand and agree that minor changes, modifications or adjustments to the dedications described in Exhibits "L" and "0" and additional minor dedications may be required as the result of Site Development Plan review for Property, provided any such changes are consistent with the Applicable Rules and the Project Approvals, and shall not constitute an amendment to this Agreement. ' 3.2.5.13 Quitclaim any Interest in Los Alamitos Armed Forces Reserve Center. Prior to the issuance of building permits for development in Development Areas A and B, Owner shall execute a quitclaim deed, in a form substantially similar to that attached hereto as Exhibit "T", acceptable to the City, conveying, transferring and granting all Owner's interest, including, but not limited to any reversionary rights, that Owner may have in and to the property commonly known as the Los Alamitos Armed Forces Reserve Center (AFRC). Owner shall execute a document in a form acceptable to the City agreeing that it will not offer to buy the AFRC property or any portion thereof for thirty (30) years after the Effective Date of this agreement. 3.2.6 improvement Security/Insurance. As a condition of approving a final subdivision map or any future subdivision for all or a portion of the Property, the City may require the furnishing of appropriate and reasonable improvement agreements and • t ~ security pursuant to California Government Code Sections 66462 and 66499, et seq. Nothing in this Agreement shall be construed as altering or relieving Owner of any obligation imposed pursuant to Government Code Section 66462. If the improvements are financed by an assessment district or community facilities district, the improvement security may be released in accordance with Government Code Section 66495.5 or similar provisions. 3.2.7 Further Land Use Actiong. The parties acknowledge that subdivision and parcel maps, boundary line adjustments or similar modifications may be necessary in r ib the future and are contemplated by this Agreement provided any such changes are L - Bixby Ole Rands Development Agreement idea 22 • • Bixby Did Ram Towne Center Development Agreement cty c (Seal Beach August 23, 1999 • consistent with the Applicable Rules and the Project Approvals, and shall not constitute an amendment to this Agreement. 3.3 Development Impact Fees: • 3.3.1 Applicable Fees and Assessments. Owner shall pay to City all applicable Development Impact Fees regularly charged by the City to developers, subject to the following limitations. (1) Development Impact Fees which consist of application and processing fees shall not exceed those in place as of the Effective Date, provided that such fees may be increased from time to time to reflect any changes in the actual costs incurred by City in processing applications or managing such process; (2) Regulatory Fees shall be limited to the categories and amounts in effect on the Effective Date, except that Regulatory Fees may be revised in proportion to changes in either (a) the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index (all Urban Consumers), or (b) such other index used by the City as a fair indicator of fluctuations of the costs in question from the fourth anniversary off' the Effective Date until the date of such new fee setting (the foregoing 4110 - not to be construed as authorizing creation of any new categories of fees that apply to the Property or the Project, except as provided in Section 3.3.1(3) below); and (3) No new Regulatory Fee may be imposed on all or part of the Property or development thereof unless () it applies on a City -wide basis and is not limited to the Property or any part thereof; (u) the amount charged for such new Regulatory Fee has been determined in accordance with all. applicable law and is based upon evidence that said amount is necessary to mitigate public health and/or safety impacts directly caused by the development against which the Fee is imposed; and (iii) Owner shall be entitled to credit for fees paid and the value of work performed prior to the enactment of such Regulatory Fee requirement where such fees or work deal with or pertain to the same • subject matter. - . • • (4) Attached hereto as Exhibit "P" is Resolution No. 4650, setting forth the City's comprehensive fee schedule as of July 28, 1998. 3.3.2 Fee Credits. In addition to credit for prior fees paid and/or work performed under Section 3.3.1(3) above, Owner shall' be eligible to receive any fee credits to which it may be entitled under the terms of the applicable City ordinance • creating any fee applicable to the Property. Other than the foregoing, Owner shall not be eligible for any fee credit under this Agreement as a result of the dedication of property, construction of improvements, or any other action by Owner. • • Bixby ad Ranch Development Agreement 2.aoo 23 • • • Bixby Old Ranch Town Center Development Agreement Ciy ((Seal Beach August 2.1. 1999 11111 111 3.3.3 Business License Fees. None of the foregoing limitations shall apply to business license fees lawfully levied and collected in a non-discriminatory manner on a City -wide basis. ' • 3.4 Mortgagee Protection • 3.4.1 The parties hereto agree that this Agreement shall not prevent or limit the right of Owner at its Sole discretion, to encumber the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device (collectively 'Mortgage) securing financing of the purchase, development or operation of the Property or any portion thereof .(including any combination of purchase financing, construction financing, bridge loans, take -out and permanent financing), as provided in this Agreement, wherein such Mortgage financing is () originated by a bank, insurance company, other institutional lender, and (n) such lender is unrelated to and unaffiliated with the Owner, provided, however, that any such Mortgage shall be subordinate to this Agreement, and provided further that if any portion of the Property is to be dedicated or transferred to the City pursuant to this Agreement, then such Mortgage shall not encumber the portion of the property to be dedicated or transferred to the City. • 3.4.2 The Qty acknowledges that prospective lenders providing such financing may request' certain interpretations and modifications of this Agreement, and agrees k upon request, from time to time, to meet with Owner and representatives of such lenders to discuss in `good faith any such request for interpretation or modification. City shall not unreasonably withhold its consent to any such requested interpretation or modification which the City determines is consistent with the intent and purposes of this Agreement and `protects the interests of City under this Agreement. Any Mortgagee of Property shall be entitled to the following rights and privileges: - Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value. If City timely rec a request from a Mortgagee requesting a copy of any notice of default given to Owner under the term of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner, as the case ' may be. The Mortgagee shall have the right, but not the • obligation, to cure the default during the remaining cure period allowed such party • under this Agreement. Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deal of trust, or deed in lien of such foreclosure, shall take the Property, or part thereof, subject to the terms of this ,(40 Agreement; provided, in no event shall any such Mortgagee or its successors or . Bixby Old Rand Development AQeement 2.4oe • 24 � . Bixby 01d Roach Towne Center Development Agreement City of Seal Beach August 23, 1999 assigns be entitled to a building permit or occupancy certificate until all fees and other • obligations due by Owner under this Agreement have been performed and/or paid to the City, all defaults have been cured, and all otherwise applicable conditions to such permit or certificate have been satisfied. 4. GENERAL PROVISIONS • 4.1 Approval Procedure: Recordation. The following procedure shall govern approval s of this Agreement (which shall precede the execution hereof by the City): Prior to City Council approval of this Agreement Owner shall execute this Agreement; provided, however, that Owner shall have the right within 90 days of the Approval Date to withdraw its execution should it determine in its sole discretion that the terms and conditions contained in the Project Approvals render the development of the Property in accordance with this Agreement uneconomic. Upon such withdrawal of the Owner's signature, the Project Approvals shall have no further force or effect. Notwithstanding the foregoing, Owner shall have no right to withdraw its execution if, after the Approval Date, Owner takes any affirmative step to avail itself of the benefits of this Agreement or tip implement the Project Approvals. Ask City 'Council . shall undertake all necessary proceedings to consider this . Agreement in accordance with the procedures established by Article 27.5 of the Zoning Ordinance. Approval by the City shall be by adoption of the .Approval Ordinance. 4 As provided in Section 65868.5 of the Development Agreement Act, the City shall cause a copy of this Agreement to be recorded with the County Recorder within ten (10) days following the Effective Date. Any recording costs shall be paid by Owner. 4.2 Cooperation and Implementation - 4.2.1 City represents that it will Cooperate with Owner to the fullest extent reasonable and feasible to implement this Agreement greement. Upon satisfactory completion by Owner of all of its preliminary actions and payments of appropriate fees, City shall promptly commence and diligently proceed to complete all steps necessary for the implementation of this Agreement and the development of the Property in accordance with the terms of this Agreement, including, but not limited to, the processing and checking of any and all Project Approvals, agreements, covenants and related matters required under the conditions of this Agreement, building plans and specifications, and any other plans necessary for the development of the Property, requests for inspections and certificates of occupancy, filed by or on behalf of Owner. Owner shall, in a timely manner, provide City with all documents, plans and other information • necessary for City to carry out its obligations hereunder. Bixby Old Ranch Development Agreement 2.doc 25 • • 8L4 Old Ranch Towne Center Development Agreement • Ciy ofSeal Beach August 23, 1999 4.2.2 If any legal action or other proceeding is instituted by a thud party or parties, other governmental entity or official challenging the validity of any provision of the Project Approvals, of the FEiR, or of this Development Agreement, Owner and City shall cooperate in defending any such action. City shall notify Owner of any such legal action against City within ten (10) working days after City receives service of process, except for any petition for injunctive relief, in which case City shall notify Owner immediately upon receipt of notice thereof. Owner shall indemnify, hold harmless and defend City, and any of its officers, employees or agents for any claim or lawsuit brought to challenge the validity or enforcement of the Project Approvals, the FUR, .or this Development Agreement, instituted by a third party or another governmental entity or official; provided, however, that if City fails promptly to notify Owner of any legal action against City, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible for City's defense. Owner shall reimburse all of City's defense costs including, without limitation, court costs, attorneys fees and expert witness fees. Owner shall promptly pay all monetary awards, judgments, verdicts, court costs and attorneys fees that may be awarded in such action. City shall be entitled to select counsel to conduct its defense in any such action; provided, however, that City shall instruct such counsel to cooperate with Owner as provided in this Section IV(B)(2). • • 4.2.3 The filing of any lawsuit(s) by a third party (not a party to this Agreement) after the Effective Date against City and/or Owner relating to this Agreement or to other development issues affecting the Project shall not delay or stop the processing or issuance of any permit or authorization necessary for development of the Project, unless the City in good faith determines that such delay is legally required. 4.2.4 To the fullest extent permitted by law, Owner hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively `Indemnitees`) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, engineers, consultants or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, . failure to act, error, or omission of Owner or any of its officers, agents, servants, lessees, employees, contractors, subcontractors, materialmen, suppliers or their officers, agents, servants, lessees, or employees, or arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or Project Approvals, any construction permitted pursuant to this Agreement or Project Approvals, or any subsequent use of the Property, or any portion thereof, permitted by this Agreement or Project Approvals. Bixby 014 Ranch Development Agreement t.doe 26 • 1 , Bixby 011dRana T • Development oPeren A8►+eemen r City of Sea/ Beach Argue 23, 1999 • 4.2.5 These indemnity provisions shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an , Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Owner shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. 4.3 Enforceability • • 4.3.1 WIWI. Subject to Section 4.3.2, failure by any party to perform any term or provision of this Agreement required to be performed by such party shall constitute an event of default ("Event of Default "). For purposes of this Agreement, a party claiming another party is in default shall be referred to as the ."Complaining Party ", and the party alleged to be in default shall be referred to as the "Party in Default ". 4.3.2 procedure'Regarding Defaults. • 4.3.2.1 The Complaining Party shall give written notice of default to the Party in Default, specifying the default complained of by the Complaining Party. Delay in giving such notice shall not constitute a waiver of any default nor shall it change•the time of default. • 4.3.2.2 The Patty in Default shall diligently endeavor to cure, correct or remedy the matter complained of, provided such cure, correction or remedy shall be completed within the applicable time period set forth herein after receipt of written notice (or such additional time as may be deemed by the Complaining Party to be reasonably necessary to correct the matter). 4.3.2.3 Any failures or delays by a Complaining Party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by a Complaining Party in asserting any of its rights and remedies shall not deprive the Complaining Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. 4.3.2.4 If an Event of Default occurs, prior to exercising any remedies, the Complaining Party shall give the Party in Default written notice of such default. If the default is reasonably capable of being cured within thirty (30) days, the Party in Default shall have such period to effect a cure prior to exercise of remedies by the Complaining Party. If the nature of the alleged default is such that it cannot practicably be cured within such 30 day period, the cure shall be deemed to have occurred within such 30 day period if (i) the cure is commenced at the earliest practicable date following receipt of the notice; (ii) the cure is diligently prosecuted to • Bixby Old Ranch Development Agreement 2.doe 27 0 • • Bixby Old Ranch Tome Cotter Dievelop�ent Agnuanent Gip ((Seal Beach 41) August 23, 1999 c ompletion at all times thereafter, ( iii) at the earliest practicable date (m no event later . than 30 days after the curing party's receipt of the notice), the curing party provides written notice to the other party that the cure cannot practicably be completed within such 30 day period; and (iv) the cure is completed at the earliest practicable date. In no event shall the Complaining Party be precluded from exercising remedies if a defauttns not cured within sixty (60) days after the first notice of default is given. 4.3.2.5 Subject to the foregoing, if a party fails to cure a default in -• accordance with the foregoing, the Complaining Party, at its option, may terminate this Agreement pursuant to California Government Code Section 65868, and/or institute legal proceedings pursuant to this Agreement. Notice of intent to terminate shall be by certified mail, return receipt requested. Upon delivery by City of notice of intent to terminate, the matter shall be scheduled for consideration and review by the City Council within thirty (30) days in accordance with Government Code Sections 65867 and 65868. Upon consideration of the evidence presented in said review and a • determination by the . City Council based thereon, City may give written notice of termination of this Agreement to the defaulting party. Any determination of default (or any determination of failure to demonstrate good faith compliance as a part of annual review) made by City against Developer, or any person who succeeds to Developer with respect to any portion of the Subject Property, shall be based upon • - written findings supported by substantial evidence in the record. Any purported • termination of this Agreement for alleged default shall be subject to review in the Superior Court . of the County of Orange pursuant to Code of Civil Procedure 1 1094.5(c). . • F 4.3.2.6 Without limitation, evidence of default may arise in the course of the regularly scheduled annual review described in Section 4.3.3. below. 4.3.2.7 The parties understand that the Development Agreement Law authorizes this Development Agreement .to bind the City even as to actions taken by voters of City. If a court of competent jurisdiction enters a final, non - appealable order to the contrary and' City fails or refuses to perform its obligations under this Agreement solely to comply with a measure adopted by initiative after entry of such a final, non - appealable order subjecting this Agreement to the effects of legislation adopted by initiative after the Ordinance Date, this Agreement shall be modified or - suspended to the extent required by Government Code Section 65869.5 and Owner's remedies by reason thereof shall be limited to reformation or rescission of this Agreement, 4.3.3 Annual Revie 4.3.3.1 Responsibilities of the Parties. City shall, at least every twelve (12) (1111 months during the term of this Agreement, review the extent of good faith substantial compliance by Owner, with the terms of this Agreement. Subject to the notice and - - - Bixby ad Ranch Development Agreement 2.Ioe 28 • 0 Bixby Oki Ranch Towne Center Developmnent Agreement City of S al Beach Angus 29. 1999 . , - cure procedure set forth in Section 4.3.2, such a periodic review may result in • amendment or termination of this Agreement, provided a default has been established under the terms of this Agreement. Pursuant to Government Code Section 65865.1, • as amended, Owner shall have the duty to demonstrate its good faith compliance with the terms of this Agreement at such periodic review. The parties recognize that this " Agreement and the documents incorporated herein could be deemed to contain many requirements 0.e., construction standards, landscape standards, etc.) and that evidence of each and every requirement would be a wasteful exercise of the parties' resources. 1. Accordingly, Owner shall be deemed to have satisfied its dutiof demonstration if it presents evidence satisfactory to the City of its good faith and substantial compliance with the major provisions of this Agreement, including information concerning the uses made of the Property and of any reservations and dedications to the City. Any party 4 may address any requirement of this Agreement during the review. However, ten (10) days' written notice of any requirement to be addressed shall be made by the requesting party. If at the time of review an issue not previously identified in writing is required to be addressed, the review at the request of either party shall be continued to afford sufficient time for analysis and preparation. Each party shall bear its own costs required to be incurred in order to comply with this Agreement, as the result of such annual review or otherwise. . 4.3.3 :2 Opportunity to be Heard. Upon written request to City by Owner, - Owner shall be permitted an opportunity to be heard orally and/or in writing at a • hearing before the City Council regarding its performance under this Agreement. Owner shall also be heard before the City Council at any required public hearing concerning a review of action on the Agreement. 4.3.3.3 Information to be Provided Owner. The City shall, to such an extent as is practical, deposit in the mail to Owner a copy of staff reports and related exhibits concerning contract performance a minimum of ten (10) calendar days prior to any such review or action upon this Agreement by the Planning Commission or the City Council. 4.3.4 institution of Legal Action - f 4.3.4.1 Subject to notice of default and opportunity to cure under Sections 4.3.1 and 4.3.2, and subject further to the limitation on remedies set forth in Section 4.3:5, in addition to any other rights or remedies, any party to this Agreement may institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein; to enjoin any threatened or attempted violation hereof, or to • - obtain any other remedies consistent with this Agreement. i 4.3.4.2 If a legal action or proceeding is brought by any party to this Agreement because of an Event of Default under this Agreement, or to enforce a provision hereof, the prevailing party shall be entitled to reimbursement of all costs IP • Bixby old Rands Development AQeemeot 24oc 29 • Bixby Old Ranch T Canter Development Agreement • City ((Seal Beach August 23 1999 110 and expenses, including attorneys fees, incurred in prosecuting such legal action or proceeding. This provision is separate and•several and shall survive the merger of this Agreement into any judgment on this Agreement. 4.3.5 Remy. The parties would not have entered into this Agreement without the limits on damages under this Agreement set forth herein. Accordingly, the parties agree that each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, subject to the following limitations: • (a) City and all persons acting on behalf of the City shall not be liable in monetary damages to ,Owner, or to any successor in interest, or to any other person. Owner covenants not to sue for monetary damages or claim any monetary damages: () For any breach of this Agreement or for any cause of action which arises out of this Agreement; or (i) For the taking, impairment or restriction of any property right or interest as the result of or arising under or pursuant to this Agreement, but excluding claims based upon applicable obligations of the City acting in its governmental capacity and not as a party to this Agreement, and reserving the reserved rights and remedies described in Section 4.3.5(d); or • • (iii) Arising out of or connected with any dispute, controversy or issue regarding the, application or interpretation or effect of the provisions of this Agreement. (b) Owner shall not be liable in monetary damages to City, or to any person acting on behalf of ( Sty, and City covenants not to sue for damages or claim any monetary damages: () For failure to construct and/or open any particular use on the Property, or any breach of this Agreement or for any cause of action which arises out of this Agreement; or, • (ii) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement; (ii) Provided, however, that City reserves the right to sue for any monetary sums due City for any Development Impact Fee or other monetary sum due it under this Agreement, or for City's reasonable cost of completing any public improvement Owner is required to construct pursuant to this Agreement. (S Bixby Old Ranh Development Agreement 2.doe 30 • Bixby Old Ranch Towne Caster Development Agr eement City ((Seal Beach • August 23. 1999 Ask (c) The parties acknowledge that, except as provided in Section 4.3.5(b)(iii), above, money damages and remedies at law generally are inadequate and that specific performance or writ of mandate is the exclusive remedy for the enforcement of this Agreement and should be available to all parties for the following reasons: (1) Money damages are unavailable against City, or against Owner except as provided above; , (u) Due to the size, nature and scope of the development on the Property, it will not be practical or possible to restore the Property to its preexisting condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. Owner has invested significant time and resources and performed extensive planning and processing of such development in agreeing to the terms of this Agreement, and will be investing even more significant' time and resources in implementing such development in reliance upon those terms, and it will not be possible to determine the sum of money that would adequately compensate Owner for such efforts. By the same token, City will have invested substantial time and resources and will have permitted irremediable changes to the land and increased demands on the surrounding infrastructure and will have committed, and will continue to commit, fo development in reliance upon the commitment to provide infrastructure and related improvements and other exactions to meet the needs of the proposed development and to mitigate its effects on the area and upon City and the public at large, all in reliance upon the terms of this Agreement, and it would not be possible to determine a sum of money which would adequately compensate City for such undertakings. For this reason, the parties hereto agree that if any party fails to 'carry out its obligations under this Agreement, an injured party shall be entitled to non- damages remedies, including the remedy of specific performance of this Agreement. (d) Nothing in this Agreement shall be deemed to waive or limit any rights and remedies that the parties would otherwise have against the other in the absence of this Agreement with respect to injury caused by the negligence or willful misconduct of a Ply. 4.4 Notices. All notices or other communications required hereunder shall be in writing and shall be personally delivered (mcluding by means of professional messenger service), or sent by registered or certified mail, postage prepaid, return receipt required, or by electronic facsimile transmission followed by delivery of a i "hard" copy, and shall be deemed received on the date of receipt or certified mail or by facsimile. � Personally, by • Bixby ad Ranch Development Agneemaet 2.eoe 31 • • Bixby Old Ranch Town Center Development Agreement City of Seal Beach August 23, 1999 Unless otherwise indicated in writing, such notice shall be sent addressed as follows: • If to the City: City Manager City of Seal Beach 211 8th Street Seal Beach, California 90740 With a copy to: City Attorney' Quinn M. Barrow 4 Richards, Watson & Gershon 333 South Hope Street, 38TH Floor Los Angeles, California 90071 -1469 If to Owner: I Bixby Ranch Company 3010 Old Ranch Parkway, Suite 100 Seal peach, CA 90740 -2750 Attn: Ronald A. Bradshaw • With a copy to: • Stephanie R. Scher Kane, Ballmer & Berkman 515 S. Figueroa St., Suite 1850 Los Angeles, California 90071 -3301 4.5 Termination 4.5.1 As to Property and all of the rights of Owner hereunder, and except as otherwise provided in this Agreement, this Agreement shall be deemed terminated and of no further effect upon the expiration of the Term of this Agreement. 4.5.2 Subject to 'the notice and cure provisions set forth in Section 4.3.2, the City shall have the right to terminate this Agreement as to the Property and the rights of • Owner hereunder, in the event Owner defaults and fails to cure such default within the respective curative period. 4.5.3 Subject to the notice and cure provisions set forth in Section 4.3.2, Owner (4) shall have the right tb terminate this Agreement in the event the City defaults in its obligation to issue permits for the Property as provided in this Agreement. Should Bixby a!d Rani Development Agreement 2.doe 32 Bixby OidRa,,ch Towner Development A ent • Bneein City of Seal Beach August 23. 1999 Owner terminate for such reason, (i) all property interests dedicated to City pursuant • to Section 3.2.5.1, 3.2.5.2, 3.2.5.3, 3.2.5.4, 3.2.5.6(1), 3.2.5.7 and 3.2.5.9 shall revert to Bixby Ranch Company; (ii) the restrictions on use of the Golf Course • effected in accordance with Section 3.2.5.10 shall terminate; and (iii) the zoning of the Old Ranch Tennis Club shall revert to C-2. 4.5.4 Upon the termination of this Agreement pursuant to Section 4.5.2 or 4.5.3, neither party shall have any further right or obligation with respect to the Property hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as 'surviving this Agreement. 9 4.6 No Third Party jkacfirjarks. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 4.7 Time of Essence. Tune is of the essence for each provision of this Agreement of which time is an element. • 4.8 Modification. Amendment or Extension. Subject to any notice and hearing requirements .imposed by law, this Agreement may be modified, amended and/or extended from time to time by mutual written consent of the City and Owner in the same manner as its adoption by ordinance as set forth in Government Code Sections 65867, 65867.5 and 65868 and the Approval Ordinance. -- 4.9 Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and Owner and development of Property hereunder may demonstrate that refinements and clarifications are appropriate .with respect to the details of performance of the City and Owner. If and when, from time • to time, during the term of this Agreement, the City and Owner agree that such clarifications are necessary or appropriate, the City and Owner shall effectuate such clarifications through operating memoranda approved by the City and Owner, which, after execution, shall be attached hereto as addenda and become a part hereof, and may be further clarified from time to time as necessary with future approval by the City and Owner. No such operating memoranda shall constitute an amendment to this - Agreement requiring public notice or hearing. The City Manager, in consultation with the City Attorney, shall be authorized to make the determination on behalf of the City • whether a requested clarification may be effectuated pursuant to this Section 4.9 or whether the requested clarification is of such a character to constitute an amendment hereof pursuant to Section 4.8 above. • The City Manager shall be authorized to execute any operating memoranda hereunder on behalf of the City. • Bixby ad RaaehDevetopment Agreement 2.doe 33 • • Bixby Old Ranch Towne Center Development Agreement • Ciy ((Seal Beach August 23, 1999 4.10 Conflicts of Law 4.10.1 Conflict with State or Federal Laws. 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 (a) 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, and (b) Owner and the City staff shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this Agreement, but only to the minimum extent necessary 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 this Agreement, the matter shall be scheduled for hearings before the Council. Ten (10) days' written notice of such hearing shall be given, pursuant to Government Code Section 65854.5. The Council, at such hearing, shall determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation. Owner, at the hearing, shall have the right to offer oral and written testimony. Any modification or suspension shall be taken by the affirmative vote of not less than a majority of the authorized voting members of the Council. Any•suspension or modification may be subject to judicial review. • 4.10.2 Cooperation in Securing Permits. The City shall cooperate with Owner in the securing of any permits which may be required as a result of such modifications or suspensions. s 4.11 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought and referring expressly to this Section. No waiver of any right or remedy in respect of any occurrence or event shall be deemed a waiver of any right or remedy in respect of any other occurrence or event. - 4.12 Successors and Assigns. Except as expressly provided to the contrary in this Agreement, the burdens and obligations of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement and all successors in interest to the Property or any portion thereof or any interest therein, and shall be covenants running with the land. 4.13 Governing State Law. This Agreement shall be construed in accordance with the laws of the State of California. 4.14 Constructive Notice and Acceptance. Every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every provision Bixby ad Ranch Development Agreement i4oe 34 • Bixby Old Ranch Towne Center Development Agreement City of Seal Beach August 23, 1999 , • contained hewn, whether or not any reference to this Agreement is contained in the • • instrument by which such person acquired an interest in the Property. 4.15 ,statement of Compliance. Within fifteen (15) working days following any written request, in accordance with the notice provisions of this Agreement, which either party may make from time to time, the other party shall execute and deliver to the requesting party a statement certifying that (a) this Agreement is unmodified and in full force and effect or, if there have been modifications hereto, that this Agreement • is in full force and effect, as modified, and stating the date and nature of such modifications; (b) there are no current uncured defaults under this Agreement or specifying the dates and nature of any such defaults; and (c) any other information reasonably requested., The failure to deliver such statement within such time shall be conclusive upon the party which fails to deliver such statement that this Agreement is in full force and effect without modification except as may be represented by the requesting party and that there are no uncured defaults in the performance of the requesting party. Said statement(s) shall be in the form reasonably satisfactory to the City, Owner and to any purchaser, lender, title company, govemmentai agency, or other person reasonably requesting such statement(s) in connection with sale, use, development, construction, financing or marketing of the Property. The City and Owner, for their own respective uses, shall also be entitled to obtain a statement of compliance kt,any reasonable time. 4.16 Covenant of Good Faith and Fair Dealing. No shall do anything • ICY ythumg which shall have the effect of harming or injuring the right of the other parties to receive the benefits of this Agreement • 4.17 Covenant of Cooperation. Owner and the City shall ty cooperate with and assist each other in the performance of the provisions of this Agreement, including assistance in obtaining permits for the development of the Property which may be required from public agencies other than the City. Owner reserves the right to challenge any ordinance, measure, moratorium or other limitation in a court of law if it becomes necessary to protect the development rights vested in the Property pursuant to this Agreement. 4.18 Further Actions and Instruments. The parties to this Agreement shall cooperate with and provide reasonable assistance to the other parties to the extent contemplated in the performance of all obligations under this Agreement and the satisfaction of the conditions of the Agreement. Upon the request of any party, the other parties shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. . • Bixby as Ranch Development t 2.doc 35 • Bi* Old Ranch Towyw Development Agreement Ciy ((Seal Bauch Argvat 23, 1999 4110 4.19 Section Head All Article and Section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 1 4.20 Enforced Delay (Force Majeure). (a) In addition to specific provisions of this Agreement, performance by any party hereunder shall•not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entities (but only as to delays or defaults on the part of Owner), enactment of conflicting state or federal laws or regulations (but only if the party claiming delay complies at all times with the provisions of this Agreement pertaining to such conflicting laws), delays caused by the delay or failure by any entity other than the party claiming such delay to provide financing for or construction of needed public facilities or infrastructure as contemplated or required by this Agreement, delays due to the enforcement of environmental regulations, litigation, or similar bases for excused performance. • (b) An extension of time for any such muse (a 'Force Majeure Delay') shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other parties within thirty (30) days of knowledge of the commencement of the N IP cause. Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure Delay, unless and until the party claiming such delay and interference delivers to the other party written notice describing the event, its cause, when and how such party obtained knowledge, the date the event commenced, and the estimated delay resulting therefrom. Any party claiming a Force Majeure Delay shall deliver such written notice within thirty (30) days after it obtains actual knowledge of the event. Times of performance under this Agreement may also be extended in writing by the Qty. (c) Notwithstanding the first sentence of paragraph (b), above, the following shall apply: (i) Owner shall be entitled to a Force Majeure Delay for a period longer y, than the period of enforced delay if the City Council determines that such longer period is reasonably required; and (ti) Owner shall be entitled to a Force Majeure Delay notwithstanding the fact that Owner may not have given timely notice to the City, if the City Council determines that such Force Majeure Delay is reasonably required. i 4.21 Emergency Circumstances t (a) If, as the result of specific facts, events or circumstances, the City believes that a severe and immediate emergency threat to the health or safety of the City or its (111 residents, meeting the requirements of subparagraph (b), below, requires the Bixby Old Ranh Development A- Bement /doe 36 • • Bixby 01d Ranch Tonle Ceder Development Agnomen: • Ciry ofSea! Beach Awgral 23. 1999 • - modification, suspension or termination of this Agreement, the City will, after reasonable notice to Owner (in light of all the circumstances), hold a hearing on such facts, events or circumstances, at which Owner shall have the right to address the City Council. The Qty shall have the right to modify, suspend or terminate this Agreement, .in whole or in part, if, following such hearing, the City Council determines that such modification, suspension or termination is required in order to protect the health and safety of the City and its residents. {b) For purposes of this Section 4.21, an emergency shall meet each 'of the following criteria: (i) it must be based on genuine health, safety and general welfare concerns (other than general growth management issues); (ii) it must arise out of a documented emergency situation, as declared by the President of the United States, Governor of California, or the Mayor, City Council or City Manager of the City of Seal ; and Cw) based upon its terms or its effect as applied, it does not apply exclusively or primarily to the Property. 4.22 Severability. Invalidation of any of the provisions contained in this Agreement, or of the: application thereof to any person, by judgment or court order, shall in no way affect any of the other provisions hereof or the application thereof to any other person or circumstance, and the same shall remain in full force and effect, unless enforcement of this Agreement, as so invalidated, would be unreasonable or inequitable under all the circumstances or would frustrate the purposes of this Agreement and/or the rights and obligations of the parties hereto. 4.23 Interpretation. i The language in all parts of this Agreement shall in all cases be • construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. The parties hereto acknowledge and agree that this Agreement has been prepared jointly by the parties and has been the subject of arm's length and careful negotiation over a considerable period of time, that each party has independently reviewed this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall be utilized. 4.24 Counterparts. This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original and all of which when taken together shall constitute one and the same instrument. • 4.25 )tire Agreement. This Agreement consists of 38 pages and twenty (20) exhibits (designated "A" through "T "), which constitute the entire understanding and agreement of the parties. • • Bixby OId Ranch Development Agreement 2.doc 37 • • Bixby Old Ranch Towne Curter Development Agreement - Cty efSeal Beach �,. August 23, 1999 •:• IN WITNESS WHEREOF, the parties have each executed this Agreement on the date first above written. CITY OF SEAL BEACH • • By: . Mayor ATTEST: • By: ? City Clerk APPROVED AS TO FORM: • • By: City Attorney Ri BIXBY RANCH COMPANY, a California limited partnership By: Bixby Management Corporation, a Delaware Corporation, its General Partner By: - Its: By: Its: , Bixby • AI ad ranch Development Agreement 2.soe 38 %.emu tINIA ALL- PURPOSE ACKNOVVLEDGA'ENT 0 STATE OF CALIFORNIA COUNTY OF ORANGE • On January 27, 1999 before me, Mary A. Henderson, Notary Public, personal appeared Ronald A. Bradshaw and R. Stewart Hone n yman, Jr., personally known W me to be the persons whose names are subscribed to the within instrument and aclmowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. pis- R, al 11V1:66 WITNESS my hand and official seal. - nosri _— cd►aap L ita,146.-- .k_litttiutrx:- • r • CAPACITY CLAIMED BY SIGNERS Number of Pages: One hundr ed Sfry -0ne • (131) • CORPORATE OFFICERS: Sr. Mee Presidents Date of Document: November 23,1998 SIGNERS ARE REPRESENTING: Signers Other Than Named Above: Bixby Rsnch Company City of Seal Beach: Mayor (unsigned) Attest: City Clerk (unsigned) DESCRIPTION- ATTACHED DOCUMENT Approved as to form: City Attorney (unsigned) Development Agreement and Amendment to • - - - - - . - - i CALIFORNIA ALL 111 . - PURPOSE ACKNOW DGEMENT STATE OF CALIFORNIA ) COUNT OF ORANGE ) S on / c1 ' 99 before me Ifroc Q+a•r7 342 personally appeared / personally known to me — OR — proved to me on the basis o satisfactory evidence to be the perion(pf whose name( is/ subsc abed to the within instrument and acknowledged to me tha be /s /t�bef executed the same in his /h�, tom41' authorised cap city(l�s), and that * by his /bsrithetf signature (.s'r on the instrument the personS.4, or the entity upon behalf of w hich the persons acted, executed the instrument. WITNESS my hand and official seal. . Nul ,j P c ■ C T1Jrro 4 C i are 01.444.4-4,/ joen E • / My corm 6pta s. axe 111 /•5 0 . b e s triy • • • • • • • • 0 • • • • • • • • • • • • • • • • • • • • • • • • • ALIFORNL( ALL-PURPOSE ACKNOWLEDGED - . IEEN'T - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On , before me Nee. Mk d Officer *Wm Artie) personally appeared . 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 acknowledged to me that be /she /they executed the same in his /her /their authorised capacity(ies), 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 band and official seal. ; 4. sat) lip 3 •Type whim) • Bid, Oid Rarc6 Towns Center Development nt Agreement City of Seal Beach • August 29, 1999 • 0 EXHIBIT "A" ANTICIPATED GOLF COURSE CONFIGURATION • 4 • 10 • • • • • 0 Bixby as itancb Development Agreement 2.doe . 39 i • • aik \ N. 4 4 % , . 7 .. a ................. ... ; "UCH IKKUVARD W. 1 -, • i 4 7 i f 1 , , it t / c3 il i --.40 f t if c, 1 t C ,. ti � w 0 01 • 1 8 •� --z-•- I I . - • sows A. i ii, \,. . •• • • j - . tar wool coomy se, )02::= use. IUD im. ft he SNOW • - 0 • Bixby Old Ranch Towne Cuter Developmaet Agreement • Ciry ((Seal Beach August 23. 1999 IP • EXHIBIT "B" • OLD RANCH TENNIS CLUB LEGAL DESCRIPTION In the City of Seal Beach, County of Orange, State of California, being an undivided portion of Sections 31 and 32, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, described as follows: Beginning at the intersection of the northerly line of Parcel 1 of the land described in the deed to the State of California recorded February 2, 1960 in Book 5082, Page 307 of Official Records with the southeasterly line of Lampson Avenue 80.00 feet wide, as described in the deed to the City of Seal Beach recorded April 7, 1965 in Book 7475 Page 46 of Official Records, said point being the beginning of a curve in said southeasterly line, concave northwesterly having a radius of 1040.00 feet, a radial to said point bears S 00 °11'56" W; thence northeasterly 930.35 feet along said curve through a central angle of 51°15'17"; . thence N 38 °56'39" E 145.00 feet along said southeasterly line to the . 'V westerly corner of Parcel 3 of the land described in Book 7594, Page 609 of Official Records; thence N 89°08'14" E 39.05 feet along the southerly line of said Parcel 3 to the southwesterly line on Parcel 2 described in said deed; thence S 51 °03'21" E 89.94 feet along said southwesterly line to the beginning of a curve concave northeasterly having a radius of 430.00 feet; thence southeasterly 282.46 feet along said curve through a central angle of 37 °38'25" to a point to which a radial bears S 01°18'14" W, said point being the beginning of a curve in the westerly line of Parcel 1 of the land described in the deed to the City of Seal Beach recorded March 13, 1968 in Book 8541, Page 859 of Official Records, said curve being concave southwesterly having a radius of 15.00 feet; thence southeasterly 23.27 feet along said curve through a central angle of 88 °53'42 "; thence S 00 °11'56" W 220.78 feet along said westerly line to the beginning of a curve concave westerly having a radius of 40.00 feet; thence southerly 21.49 feet along said curve through a central angle of 30 °47'03" to the beginning of a reverse curve concave easterly having a radius of 70.00 feet; thence southerly 109.69 feet along said curve through a central angle of 89 °47'00" to said northerly line of the land of the Sate of California; thence N 89 °48'04" W along said northerly line to the point of beginning. The above describes an area of 6.735 acres, more or less. •* ** • • • Bixby 014 Ranch Development Agreement 2.dac 40 ! 1 ' • 1 . .. -fit.... .•_............ • T _, „,;... ; - ' i i • • , �j; f . I ! i . "iy �, i re I • . .•` it . \ \ N...., / \ / ruIulIIre' 1 \ \ I\ • ` •` • • • 1 • , ` ` • \\* v4 1 f - - • • 1 1 ' I 1 0 \ \ • 1 4 ' ■ : .. - i ' s f ' L. tip 1 0 g \ ‘ % I 1 . gr4 i e . ; 1.2 \ N 1 (J i O4.t 1 j i� rim ii 11 - • ' ; ., i I :I TIH =i' 0 • Bixby Old Ranch Towne Center Development Agreement City of al Beach August 29, 1999 0 EXHIBIT "C" _ PROPERTY LEGAL DESCRIPTION t • [ALL PROPERTY TO BE DEVELOPED] 5 Area • - In the City of Seal Beach, County of Orange, State of California, being a portion of Parcel 1 of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county, and being an undivided portion of the Northeast Quarter of Section 31, Township 4 South, Range 11 West, San Bernardino Base and Meridian; in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, more precisely described as follows: Beginning at the southwest corner of Parcel 2 of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county; thence southerly along the easterly right -of -way of Seal Beach Boulevard a distance of 231.24 feet to the TRUE ill POINT OF BEGINNING; thence S 89° 48' 30" E a distance of 526.34 feet; thence S 00° 11' 30" W a distance of 8.68 feet; thence S 89° 48' 30" E a distance of 450.39 feet; thence S 44 48' 30" E a distance of 47.26 feet; thence S 00° 11' 30" W a distance of :z 83.28 feet; thence S 45° 11' 30" W a distance of 113.13 feet; thence S 00° 11' 30" W a distance of 464.63 feet; thence N 89° 48' 30" W a distance of 74.75 feet; thence S 45 11' 30" W a distance of 35.36 feet; thence S 00° 11' 30" W a distance of 528.45 feet; thence N 89° 48' 30" W a distance of 534.73 feet; S 45 11' 30" W a distance of 36.64 feet thence S 00° 11' 30" W a distance of 58.69 feet; thence N 89° 48' 30" W to the easterly right -of -way of Seal Beach Boulevard, a distance of approximately 289.76 feet; thence northerly along said right-of-way to the TRUE POINT OF BEGINNING. • i- - The above describes an area of 26.045 acres, more or less. • Area • In the City of Seal Beach, County of Orange, State of California, being Parcels 1, 2 and 3 of the map filed in Book 15, Page 11 of Parcel Maps, in the Office of the County Recorder of said county. .... The above describes an area of 13.567 acres, more or less. 0 Area C: Bixby as Rand* Development Amman 2.eoe 41 • • , B i x b y O l d R a n d s Towne Caster Develoyme st Agreement Ciy of Seal Beads • August 23 1999 In the City of Seal Beach, County of Orange, State of California, being an undivided portion of Sections 31 and 32, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, described as follows: Beginning at the northeast corner of the southwest quarter of the northeast quarter of said • • Section 31; thence southerly along the east line of the southwest quarter of the northeast quarter of said Section 31 a distance of 1082.46 feet to the southeasterly -most corner of Vesting Tentative Map Number 15797, said point also being the TRUE POINT OF BEGINNING; thence southerly along said east line of the southwest quarter of the northeast quarter of said Section 31 to the south line of the northeast quarter of said Section 31; thence easterly along the south line of the northeast quarter of said Section 31 and the south line of the northwest quarter of said Section 32 to the northerly right -of- way line of Lampson Avenue, 80 feet wide; thence westerly, southwesterly and northwesterly along said northerly right -of -way line to the easterly right -of -way line of Seal Beach Boulevard, 80 feet wide; thence northerly along said easterly right -of -way line of Seal Beach Boulevard to the southwest corner of the land shown on Tentative Tract Map Number 15767; thence departing said Seal Beach Boulevard right -of -way S 89 °48'30" E a distance of 289.76 feet; thence N 00 °11'30" E a distance of 58.69 feet; thence N 45 °11'30" E a distance of 36.64 feet; thence S 89 °48'30' E a distance of 534.73 feet; thence N 00 °11'30" E a distance of 319.03 feet; thence N 00 °11'30" E a distance of AI 209.42 feet; thence N 45 °11'30" E a distance of 35.36 feet; thence S 89 °48'30" E a distance of 74.75 feet; thence S 00 °11'30" W a distance of 17.19 feet; Thence S 89 °48'30" E a distance of 330.08 feet to the TRUE POINT OF BEGINNING; The above describes an area of 157.290 acres, more or less. • Area . In the City of Seal Beach, County of Orange, State of California, being a portion of Parcel 1 of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county; and being an undivided portion of the Northeast Quarter of Section 31, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, more precisely described as follows: Beginning at the southwest corner of Parcel 2 of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county; thence southerly along the easterly right -of -way of Seal Beach Boulevard a distance of 231.24 feet; thence S 89° 48' 30" E a distance of 526.34 feet; thence S 00° 11' 30" W i distance of 8.68 feet; thence S 89° 48' 30" E a distance of 450.39 feet; thence S 44° 48' 30" E a distance of 47.26 feet; thence S 00° 11' 30" W a distance of 83.28 feet; thence S 45° 11' 30" W a distance of 113.13 feet; thence S 00° 11' 30" W a distance of 481.82 feet; thence S 89° 41) 48' 30" E a distance of 330.08 feet to the east line of the southwest quarter of the northeast quarter of said Section 31; thence northerly along said east line to the north line Bixby as Ranch Development Agreemeot ldoe 42 0 • Bixby Old Ranch Towne Center Development Agreement Ciry of Seal Beach August 23. 1999 of said southwest quarter of the northeast quarter of said Section 31, a distance of approximately 1082.46 feet; thence westerly along said north line to the northeast corner of said Parcel 2 of the map filed in Book 16, Page 14 of Parcel Maps, as amended by Lot Line Adjustment LL87 -1, filed as Instrument Number 87- 500586 in the Office of the County Recorder of said county, a distance of approximately 1045.24 feet; thence southerly along the east line of said Lot Line Adjustment to the southeast corner of said .Lot Line Adjustment, a distance of approximately 164.28 feet; thence west along the south line of said Lot Line Adjustment and the south line of said Parcel 2, a distance of approximately 214.97 feet, to the point of beginning. The above describes an area of 15.649 acres, more or less. • • • • Bixby Old Ranch Development Agreement 2.doc 43 • • • Bixby Old Ranch Towne Canter Development Agreement ay ofSeal Beach August 23, 1999 • • EXHIBIT "D" _AREA D [RESIDENTIAL DEVELOPMENT AND PARK FACILITY] 4 • t • • . • r. Bixby OW Ranch Development Agreement 2.doc 44 • LANDSCAPE SET BACK ' �, 0 • 1111■001■1111.1110111IMID 1 r ••■••■•■■•+•• a . 0 _\ .., ,�, �,R art �• ri • pit I Vpi 1.1 kip I Pgi sill a �� • • M • ••rrr In''t ►II•i��iu .P Z - fa 11r� PI 't1: j I • 11 10 kJ I 141i _ 111 rn t • •ptrei 0 ` • • mom . 410 , iiiiiIiiip . - :- la I Vi'il urgt -. 1 : _ PI hi 1 1 '4t I 0 \ I. g w ° I C . ..._..amil..i.,■.._., AREA D • • '— ••te ..•..... el7c Los Warn �.w••— ...�.. .. ....... .. .•, etXSY t.•�s • -.....0 0 irMaill COMPANY I:: - ; .... _ �- . .h IN MI ship -- • 40 • • Bixby Old Ranch Towne ter Development Agreement grieanant • City of Seal Beach August 23. 1999 • EXHJBIT "D" LEGAL DESCRIPTION • In the City of Seal Beach, County of Orange, State of California, being a portion of Parcel 1 of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county, and being an undivided portion of the Northeast Quarter of Section 31, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, more precisely described as follows: Beginning at the southwest corner of Parcel 2 of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county; thence southerly along the easterly right -of -way of Seal Beach Boulevard a distance of 231.24 feet; thence S 89° 48' 30" E a distance of 526.34 feet; thence S 00° 11' 30" W a distance of 8.68 feet; thence S 89° 48' 30" E a distance of 450.39 feet; thence S 44° 48' 30" E a distance of t 47.26 feet; thence S 00° :11' 30" W a distance of 83.28 feet; thence S 45° 11' 30" W a distance of 113.13 feet; thence S 00° 11' 30" W a distance of 481.82 feet; thence S 89° 48' 30" E a distance of 330.08 feet to the east line of the southwest quarter of the northeast quarter of said Section31; thence northerly along said east line to the north line of said southwest quarter of the northeast quarter of said Section 31, a distance of 111 approximately 1082.46 feet; thence westerly along said north line to the northeast corner of said Parcel 2 of the map filed in Book 16, Page 14 of Parcel Maps, as amended by Lot Line Adjustment LL87 -1, filed as Instrument Number 87- 500586 in the Office of the County Recorder of said county, a distance of approximately 1045.24 feet; thence southerly along the east line of said Lot Line Adjustment to the southeast corner of said u Lot Line Adjustment, a distance of approximately 164.28 feet; thence west along the south line of said Lot Line Adjustment and the south line of said Parcel 2, a distance of approximately 214.97 feet, to the point of beginning. The above describes an area of 15.649 acres more or less. •••• Bixby • • • as Ranch neraopmenc Agreement 2.doc 45 0 • Bixby Old Ranch Towne Center Development Agreement Cy afSeal Beach August 23, 1999 0 r EXHIBIT "E" • • AREA A [26 ACRE RETAIL /COMMERCIAL CENTER] • 1 • . 6 Bixby as Ranch Development Agreement 2.doc 46 ined AREA A . 1 11 1 TRUE POINT • �� OF BEGINNING - _o am • „y ' 4. l b .41 itr-W14:1/4 I SM- . - .. II .. • i ri===iir - - . :I OP I II r911 ;' . . 1 I l . • ., liiili'iIj �. O • iiii C g : : I • • •. g., . . • !ifi 1 2 P 1 F s - ,:_ .. .. . _ 'Op l,n L I --,,,-.----- -- :D • •∎ le 1 a • em u _ - .01.1110•04.111 • A AP � I II efil q if l A V exam II, • till milk 1� ' * I � ti ; iJ 2 iP n ��� E r II il �.._ kii. V i ri. Pi ' Pi 0 . ...... i 1 I 1), EZMIall .�'� ............................. -_ .___.___--- N�N�. 0 • • Bixby old Ranc1, Tone Canter Development Agreement city 9rSeal Beach August 23, 1999 • • EXHIBIT "E" LEGAL DESCRIPTION In the City of Seal Be County of Orange, State of California, being a portion of Parcel 1 of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county, and being an undivided portion of the Northeast Quarter of Section 31, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, more precisely described as follows: Beginning at the southwest corner of Parcel 2 of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county; thence southerly along the easterly right -of -way of Seal Beach Boulevard a distance of 231.24 feet to the TRUE POINT OF BEGINNING; thence S 89° 48' 30" E a distance of 526.34 feet; thence S 00° 11' 30" W a distance of 8.68 feet; thence S 89° 48' 30" E a distance of 450.39 feet; thence S 44 48' 30" E a distance of 47.26 feet; thence S 00° 11' 30" W a distance of 83.28 feet; thence S 45° 11' 30" W a distance of' 113.13 feet; thence S 00° 11' 30" W a distance of 464.63 feet; thence N 89° 48' 30" W a distance of 74.75 feet; thence S 45 11' 30" W a distance_of 35.36 feet; thence S 00° 11' 30" W a distance of 528.45 feet; thence • N 89° 48' 30" W a distance of 534.73 feet; S 45 11' 30" W a distance of 36.64 feet thence S 00° 11' 30" W a distance of 58.69 feet; thence N 89° 48' 30" W to the easterly right -of -way of Seal Beach Boulevard, a distance of approximately 289.76 feet; thence northerly along said right-of-way to the TRUE POINT OF BEGINNING. The above describes an area of 26.045 acres, more or less. ** ** i i 411 . • • Bixby ad Ranch Development Agreement ibe 47 • • Bixby Old Ranch Tame Canter Development Agreement Ciry of Seal Beach August 23, 1999 EXHIBIT "F" AREA C [157 ACRE COMMERCIAL RECREATIONAL USED • 4 • • • • • • • • • Bixby Old Rands Development Ageemant 2Aoc 48 • • .. ••• • • 0 • •• * ....■■•■•• 0.■••• ..... . .... . .. . . . • . 0 • , 1 AREA C ,... : RE. I • N.,, .. i . 0 1 7 6"****6••••■■ a• ••• le•••■•••••■•11":"•••••••••••••••••■•••AnD• ao.••••••. _.„... ...'"" • / . II i i i . i 1 I 1 s . s . $ I i t k 110 emil " CP Xi 0 . • .Th C Z ' -.- 0 \ . . . . 11 "D 0 ...,. .,. .4 0 sr) q 2 1 \ 1 .. G ..4 CO rrl . 1 \ 0 C, I lii \ \ co x ii • ammia. z . Z I Ei Q1 0 - 1 . \ Z 1 Z \ Z I I II 1 s . r • I imam I 01 ,.--.. i • • M.N.. SO% 1 11.• a ••• 1 i av azni trey ..........., ,......,,,,_ , . IWCif COmPANY .....•,.. .... 0..... pun .4. ...t. ,.,..x... __ 7. ... ............_..................,..................... .........• . - .. _. ___ • • Bixby 011dRanch Towne Center D velopnentAgreement Ciy ofSeal Beach gir August 23 1999 EXHIBIT "F" LEGAL DESCRIPTION In the City of Seal Beach, County of Orange, State of California, being an undivided portion of Sections 31 and 32, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, described as follows: Beginning at the northeast corner of the southwest quarter of the northeast quarter of said Section 31; thence southerly along the east line of the southwest quarter of the northeast quarter of said Section 31 a distance of 1082.46 feet to the southeasterly -most corner of Vesting Tentative Map Number 15797, said point also being the TRUE POINT OF BEGINNING; thence southerly along said east line of the southwest quarter of the northeast quarter of said Section 31 to the south line of the northeast quarter of said Section 31; thence easterly along the south line of the northeast quarter of said Section 31 and the south line of the northwest quarter of said Section 32 to the northerly right -of- way line of Lampson Avenue, 80 feet wide; thence westerly, southwesterly and northwesterly along said northerly right -of -way line to the easterly right -of -way line of 410 Seal Beach Boulevard, 80 feet wide; thence northerly along said easterly right -of -way line of Seal Beach Boulevard to the southwest corner of the land shown on Tentative Tract Map Number 15767; thence departing said Seal Beach Boulevard right -of -way S 89 °48'30" E a distance of 289.76 feet; thence N 00 °11'30" E a distance of 58.69 feet; thence N 45 °11'30" E a distance of 36.64 feet; thence S 89 °48'30' E a distance of 534.73 feet; thence N 00 °11'30" E a distance of 319.03 feet; thence N 00 °11'30 ",E a distance of 209.42 feet; thence N 45 °11'30" E a distance of 35.36 feet; thence S 89 °48'30" E a distance of 74.75 feet; thence S 00 °11'30" W a distance of 17.19 feet; Thence S 89 °48'30" E a distance of 330.08 feet to the TRUE POINT OF BEGINNING; The above describes an area of 157.290 acres, more or less. * ** (110 Bixby as Ranch Development Agreement 2.doc 49 • Bixby Old Ranh Towne Center Development Agreement Ciy of Seal Beach Argust 23, 1999 EXHIBIT "G" AREA B [8.57 ACRE HOTEL, ETC., AND 5 ACRE LANDSCAPING AND STREET PARCEL] • Bixby as Ranh Development Agreement Z,doe 50 4111101■t i " 11 t ji f P .; !� ra t, + 1 „ a i I. tali:e ii!li t ip , i i 0 l , 1,1 Ali fly 6 it Ill II J u t - 1 11 I i f !! I h I! p 11 1 1, . "1 ch i �!•'i j nN;r1; fl • La 0 ipli 3 a „ Z S1 VQ ��k a. k' — cr !MU 2 ilrl,l 0 � 1 1 � I � I� ' i�it � d = Z LaJ i • l il 1=:d Stn ; ,P • ; ` Y d •.at:• • V 0 1 , , Q . ; 1 m �• D 10 111111 I ltnitl • ri'!' / 111 it 1 1111 y : La � I�r ! . n nl F!...P l •� _ , ;' ul • III '''1 • v/ 1 i , , . i ii 5 • i k " 1 0 h op i /:. . 0 i.lei 5 - z 0 :, �S r•' * te .1_ •'• i!Ii ! • i am' 0 • Bixby Did Ranch Towne Caster Development Agreement Ciy of Seal Beach August 23, 1999 • EXHIBIT "G" LEGAL DESCRIPTION In the City of Seal Beach, County of Orange, State of California, being Parcels 1, 2 and 3 of the map filed in Book 15, Page 11 of Parcel Maps, in the Office of the County Recorder of said county. The above describes an area of 13.567 acres, more or less. ' s• s• - . . .• • . . • • • • Bixby Old Ranch Development Agreement 2.doc 51 • • Bixby old Ranch Towne Canter Development Agreement Ciy Beach August t 2 23 1999 i • • EXHIBIT "H" DESCRIPTION OF PUBLIC IMPROVEMENTS I • ft 4110 Bixby as Rand Development Agreement 2.doc 32 • • Bixby Old Ranch Towne Center Developnent Agreement Ci y of Seal Beach August 23. 1999 • . EXHIBIT "11" . DESCRIPTION OF PUBLIC IMPROVEMENTS • Reference Section 3.1.1.1: 2.5 Acre Park Facility Reference Section 3.1.1.4: Landscaped green belt area of approximately 5 acres in the general location and shape shown on Exhibit "G ". Reference Section 3.2.5.2: Community Police Center Reference Section 3.2.5.3: Green Belts Reference Section 3.2.5.4: Monument Signs . Reference Section 3.2.5.5: Median Landscaping ill Reference Section 3.2.5.7: Iampson Avenue Enhancements Reference Section 3.2.5.8: Water Retention Basin Reference Section 3.2.5.9: Storm Drain . • Bixby as Rand' Development Agreement 2.doc 53 • • • Bixby Old Ranch Tome Center Development Agreement Ciy ((Seal Beach � August 23. 1999 v EXHIBIT "I" MITIGATION MEASURES • I «- . • :. rip Bixby as Rindi Development Agreement 2.doc 54 • • • Bixby Old Ranh Towne Carter Developneit Agreement City of Seal Beach August 23, 1999 BIXBY OLD RANCH TOWNE CENTER EIR • MITIGATION MEASURES ADOPTED BY THE CITY COUNCIL ON NOVEMBER 23,,1998 A. LAND USE A -1. Detailed development plans for Development Areas A, B and D shall include walls, landscaped buffers and building setbacks in order to eliminate potential conflicts with adjacent residential and recreational uses. These detailed plans shall be submitted for review and approval by the Director of Development Services prior to or concurrent with approval of final subdivision maps or plot plans. A -2. Detailed plans for areas adjacent to Lampson Avenue (Development Areas C, D and E) shall include perimeter landscaping and building setbacks to insure compatibility with the Scenic Highways Element of the City General Plan. These detailed plans shall be submitted for review and approval by the Director of Development Services prior to or concurrent with the approval of final subdivision maps or plot plans. A -3. Detailed development plans for Development Area A shall be submitted ed for review and approval by the Director of Development Services to insure that no more than 20% of commercial space is devoted to restaurants. B. SOCIO - ECONOMICS No Mitigation Measures proposed. C. GEOLOGY C-1. Prior to issuance of a grading permit, the project proponent shall submit a geotechnical report to the City Engineer for approval. The report shall include the information and be in a form as required by the Orange County Grading Manual, Section 5.4 and the Orange County Excavation and Grading Code, Section 7 -1 -819. Project proponent shall reimburse City costs of independent third -party peer review of said geotechnical report. • Bixby Old Reach Development Agreement 2.doc 55 • • Bixby Old Ranch Tome Center Development Agreement Ciy ((Seal Beach August 25, 1999 • C-2. The project applicant shall incorporate measures to mitigate expansive soil conditions, compressible/collapsible soil conditions and liquefaction soil conditions, and impacts from trenching in site - specific Tentative Tract/Parcel Map Review and Rough Grading Plan Review reports prepared by the project geotechnical consultant. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis. The geotechnical consultant's site - specific reports shall be approved by a certified engineering geologist and a registered civil engineer, and shall be completed to the satisfaction of the City Engineer. Project proponent shall reimburse City costs of independent third-party peer review of said site - specific reports. C -3. Loose and soft alluvial soils, expansive clay soils and all existing uncertified fill materials will be removed and replaced with compacted fill during site grading in order to prevent seismic settlement, soil expansion, and differential compaction. C-4. Prior to the initiation of project grading in any development area, all existing utilities will be located and either abandoned and removed, rerouted or protected. C-5. In excavations deeper than four feet but less than ten feet, a slope no steeper than 1.5 to 1 (horizontal to vertical) shall be provided. Steeper slopes or deeper excavations will be provided with shoring for stability and protection. OSHA safety requirements shall be adhered to throughout the entire duration of project earthwork. C-6. All grading procedures, including soil excavation and compaction, the placement of backfill, and temporary excavation shall comply with City of Seal Beach standards. C-7. Permanent cut and fill slopes shall not exceed 2 to 1 (horizontal to vertical). C -8. Graded, but undeveloped land shall be maintained weed -free and planted with interim landscaping within ninety (90) days of completion of grading unless building permits are obtained. Planting with interim landscaping shall comply with NPDES Best Management Practices. _ C-9. Conformance with the latest Uniform Building Code and City Ordinances can be expected to satisfactorily mitigate the effect of seismic groundshalang. Conformance with applicable codes and ordinances shall occur in conjunction with the issuance of building permits in order to insure that overexcavation of soft, broken rock and clayey soils within sheared zones will be required where development is planned. C-10. The potential on -site liquefaction hazard shall be mitigated by removal and recompaction of on -site alluvium soils, installation of subsurface drainage and placement of compacted fill as required. • Bixby ow Rands Development Agreement 2.eoc S6 0 • Bixby OWRome* Towne Center Development Agreement Ciy ((Seal Beach August 23, 1999 y D. WATER / DRAINAGE ;' D-1. The capacity of the Old Ranch Retarding Basin will be increased to 87.6 acre feet v at elevation 12 so that the peak flow exiting the Retarding Basin will be no greater than the pre - project condition thereby eliminating the increase of runoff due to the increase of imperious area. r. D-2. The runoff from Ile 10 -acre area at the northwest corner of the project shall be diverted to the Old Ranch Retarding Basin. The capacity of the Retarding Basin " will be further increased to accommodate this increase in flow to a capacity of 88.4 acre feet at elevation 12. D -3. Additional capacity in the Old Ranch Retarding Basin to 100 acre feet at elevation 1i will be provided as a mitigation from the impact of drainage from future upstream development. This increase will be approximately 13 percent over the required holding capacity based upon Mitigation Measures D-1 and D-2 above. D-4. The inlet capacity of on -site catch basins will be constructed a minimum of 25% larger than that required by the City Engineer in order to reduce the potential for debris blockage during major storms. D-5. The project shall 'reduce the impact of contaminants (oil, grease and rubber) by _ the use of Best Management Practices (BMP) used to conform to the requirements IP of the National Pollution Discharge Elimination System (NPDES) provisions in the Clean Water Act. The BMP's used will most likely be the use of oil and grease separators and/or vegetated areas used to biologically treat the contaminated runoff. D-6. The amount of sediment movement during construction will be minimized by the use of NPDES BMP's, including, but not limited to, sandbags, silt fences, straw bales and rock check dams. The construction and condition of the BMP's will be periodically inspected during construction and repairs will be made, when necessary, as required by the NPDES. D-7. Prior to final project design, a project specific Drainage Report shall be prepared by a registered civil engineer in accordance with applicable requirements of the - Orange County Flood Control District and the City of Seal Beach. The report shall describe the existing drainage network, existing capacity, pre -and post - project runoff volumes, and any necessary improvements to accommodate proposed project runoff volumes. a D-8. Prior to the issuance of grading or building permits, a comprehensive Water Quality Management Plan (WQMP) shall be prepared by a registered civil -- engineer or a registered professional hydrologist to protect water resources from impacts due to urban contaminants in surface water runoff. The plan shall be prepared in coordination with the Regional Water Quality Control Board, Orange • i Bixby ad Ranch Development Agreement 2.4oe 57 • • 0 Bixby Old Ranch Towne Center Development Agreement Ciry ofSeal Beach . ak August 23, 1999 County, and the City of Seal Beach to insures compliance with applicable NPDES permit requirements. The Plan shall include a combination of structural and non structural Best Management Practices (BMPs) as outlined in Countywide NPDES Drainage Area Management Plan. D-9. On -site irrigation shall not produce standing pools of water on fairways that persist for more than five days. . D-10. All project drainage facilities shall be kept free from vegetation and debris that causes any runoff to become impounded for more than five days. . E. AIR QUALITY E-1. Prior to the issuance of initial grading or building permits, the applicant shall obtain approval of an Air Quality Mitigation Plan by the Director of Development Services. The Plan shall address each applicable control measure from the 1997 Air Quality Management Plan as listed below in order to determine which control R measures are feasible, recommend implementation conditions, and establish methods of applying conditions to contractors, buyers, lessees, tenants and -9 occupants. The project applicant shall reimburse City costs of an independent third party peer review of this Plan. Construction (Short -Tenn) Impacts (ID - a) Use !ow emission mobile construction equipment. b) Water site and clean equipment morning and evening. c) Wash offtrucks leaving the site. 1 d) Spread soil binders on unpaved roads and parking areas. e) Apply chemical soil stabilizers to all inactive construction areas (previously . graded areas which remain inactive for 96 hours). 1) Reestablish ground cover on construction site through seeding and watering on portions of the site that will not be disturbed for lengthy periods (such as two months or more). g) Sweep streets ,if silt is carried over to adjacent public thoroughfares. h) Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or ,- less. , i) Suspend grad operations during first and second stage smog alerts. j) Suspend all grading operations when sustained winds exceed 15 miles per hour. . k) Maintain construction equipment engines by keeping them tuned. I) Use low sulfur fuel for stationary construction equipment. m) Configure construction parking to minimize traffic interference. n) Minimize obstruction of through - traffic lanes. o) Provide a flagperson to properly guide traffic and ensure safety at construction sites. .� p) Schedule operations affecting traffic for off -peak hours where feasible. May as Ranch Development Agreement 2.aoc 58 0 • 1L4 Old Ranch Towne Center Development Agreement City of Seal Beach Anna 23. 1999 • q) Develop a traffic plan to minimize traffic flow interference from construction activities (the plan may include advance public notice of routing). 4 r) Utilize existing power sources (e.g. power poles) or clean fuel generators rather than temporary power generators. s) Develop a trip reduction plan to comply with SCAQMD Rule 2202. t) Schedule goods movements for off -peak hours. u) Employ construction activity management techniques such as: extending the construction period reducing the number of pieces of equipment used ii simultaneously, increasing the distance between the emission sources: reducing or changing the hours of construction, and scheduling activity during off -peak hours. v) Provide on -site power sources during the early stages of the project. w) Use low emission on -site stationary equipment (e.g., clean fuels). x) Require a phased schedule for construction activities to minimize emissions. y) Provide rideshare area and transit incentives for construction personnel. z) Implement or contribute to an urban tree- planting program to offset the loss of existing trees at the construction site. Regional Air Qua* - bong Term a) Provide local shuttle and regional transit systems and transit shelters. b) Provide bicycle lanes, storage areas, and amenities, and ensure efficient M - parking management. c) Provide preferential parking to high occupancy vehicles and shuttle services, = and charge parking fees to low occupancy vehicles d) Provide adequate ingress and egress at all entrances to public facilities to :. minimize vehicle idling at curbsides. - e) Employers sly ould provide variable work hours and telecommuting to employees. f) Provide dedicated turn lanes as appropriate and provide roadway improvements at heavily congested roadways. g) Provide lighter color roofing and road materials and tree planning programs to comply with the AQMD Miscellaneous Sources MSC -01 measure. h) Comply with the AQMD Regulations and Stationary Sources Operations .4` Enhanced Inspection and Maintenance to reduce emissions of proposed restaurant operations. i) Improve the thermal integrity of the buildings and reduce the thermal Load with automated time clocks or occupant sensors. j) Provide on -site services (e.g., ATMs, childcare center, and other similar services) 4- k) Employers to' provide ridematching. Guaranteed ride home or car pool or vanpool to employees. 1) Employers to provide compensation. Prizes or awards to ridesharers. m) Synchronize traffic signals. • n) Provide dedicated parking spaces with electrical outlets for electrical vehicles. o) Install energy efficient street lighting. Bixby Old Ranch Development Agreement 2.doc 59 • Bixby Old Ranch Towne Center Development Agreement City Sea /Beach August 23. 1999 (i p) Landscape with native drought- resistant species to reduce water consumption and to provide passive solar benefits. q) Encourage the use of alternative fuel or low emission vehicles. r) Introduce window glazing, wall insulation, and efficient ventilation methods. s) Provide incentives for solid waste recycling. t) Use devices that minimize the combustion of fossil fuels. F. TRANSPORTATION / CIRCULATION • ' Fi. Prior to the application of each building permit, the applicant shall pay City Traffic Impact fees and/or post security in a manner meeting the approval of the Director of Puba Works for the "fair share" costs of highway improvements attributed to the proposed project. The proposed project would significantly impact six key intersections in the Year 2001. Further, two intersections will require improvements related to providing access to the Old Ranch Towne Center site. The City of Seal Beach will require the project developers to pay a "fair- share" of the improvement costs for the six intersections as follows: #2: Los Alamitos Boulevard at Spring Street/Cerritos Avenue #3: Los Alamitos Boulevard at Katella Avenue 'i #12: Seal Beach Boulevard at Lampson Avenue #13: Seal Beach Boulevard at I405 NB Ramps -Old Ranch Parkway 1114: Seal Beach Boulevard at I405 SB Ramps- Beverly Manor #17: Seal Beach Boulevard at Westminster Avenue 4 F -2. Prior to the application for the first building permits for the Towne Center commercial center, the applicant shall obtain approval by the Director of Public Works of a Delivery Vehicle Access and Loading Plan including vehicle turning templates (AASHTO WB -50 and SU -30 design vehicles) analyses demonstrating adequate turning areas. The Director of Public Works shall require that vendors will be informed of the loading dock location and orientation. t F -3. Prior to applications for building permits, the applicant shall obtain approval by the Director of Public Works of a Bus Stop and Pedestrian Access Plan. G. BIOLOGICAL REOURCES G -1. Prior to project construction, the California Department of Fish and Game shall be notified pursuant to California Fish and Game Code Sections 1601 -1603 and the U.S. Army Corps of Engineers in conjunction with their 404 permit process. The proposed project shall provide all required compensation for impacts to on -site wetland habitats. i Bixby • as Raub Devdopmeot Agreement 2.doe 60 Bixby Oki Ranch Toisue Center Development Agreement Ciy of Seal Beach • Arguat 23. 1999 G -2. International Society of Arboriculture (ISA) pruning standards shall be followed on all trees. General pruning guidelines including specifications for making correct pruning cuts, branch selection for different purposes, and topping, as provided by the aborist, shall be followed. e, G-3. After project construction, trees that have been topped in the past shall undergo reconstructive pruning to improve tree structure and reduce hazards. t1 ! G-4. All contractors, subcontractors, equipment operators, etc. shall be informed concerning tree preservation standards and procedures. Tree protection guidelines and procedures shall be incorporated into all construction and grading agreements. The project arborist and job superintendent shall oversee all tree protection requirements. G -5. Prior to any construction activity, tree protection zones be delineated for all trees to be preserved. The protection zone will be either: 1) five feet from the outside of the dripline of the tree canopy or 2) one foot radius from the trunk for every 1 -inch of truck diameter, whichever is greater. If construction activity is planned within any tree protection zone, a case -by -case evaluation will be made by an ISA Certified Arborist. G-6. Prior to any grading or construction activity, a 4-foot high protective fence consisting of chain -link wire or fluorescent webbing attached to steel line posts shall be constructed around the protection zone of all preserved trees. Laminated • "tree protection zone - no construction activity" signs will be attached to the fence. This fence is to remain in place throughout the construction period. G-7. If contact with the tree crown is unavoidable and tree damage will occur, as ISA Certified Arborist shall prune the conflicting branch(es) using ISA standards. Where trenching is necessary in areas that contain tree roots, tree roots shall be pruned using a Dosko root pruner or equivalent. All cuts shall minimize ripping, tearing, and fracturing of the root system of the impacted tree. The trench shall be made no deeper than the depth of grading or trenching necessary. G -8. In order to avoid draining or leaking equipment fluids near preserved trees, fluids such as: gasoline, diesel, oils, hydraulics, paint, brake and transmission fluids and glycol (anti - freeze) shall be disposed of properly. Construction equipment shall be parked at least 50 feet away from existing trees to avoid the possibility of leakage of equipment fluids into the soil. G-9. In areas affected by grading or excessive construction dust, the tops and undersides of foliage will be washed with a strong water stream every two weeks in morning hours before 10:00 a.m. to control mite and insect populations. G -10. If irrigation systems or schedules or drainage/runoff patterns are changed by construction activities, an assessment of irrigation needs shall be conducted to Bixby as Rand Development Agreement 2.doc 61 • Bixby Old Ranh Towne Center Development Agreement Ciy of Sea1 Beach August 23, 1999 ti protect the health of the trees to be preserved. This may require the installation of a temporary irrigation system or mobile watering by a water truck. G -11. All trees to be removed shall be clearly marked at the base of the trunk and at 4 ,A feet above ground to avoid removal of the wrong tree. • G -12. All major tree trimming shall be scheduled so as to not disturb birds -of -prey during nesting periods and Monarch Butterfly overwintering as well as to prevent _ infestation by the Eucalyptus Longhorn Borer. All major tree trimming shall be completed by October 31 in order to avoid infestation by the Eucalyptus Long- horned Borer, the nesting season for birds -of -prey, and Monarch Butterfly clustering. G -13. All mature trees lost as a result of project development shall be replaced pursuant to the following ratios: a) eucalyptus: 4 to 1 using 24 -inch box trees; and b) non- eucalyptus: 2 to 1 using 36 -inch box specimens. a G -14. All ornamental ponds, pools, water hazards or lakes shall be kept free of emergent vegetation, both of which provide harborage for mosquito breeding. These water bodies shall also be stocked with mosquito fish. • G -15. Grass clippings shall either be removed from the site or composted in a manner that does not breed flies. G -16. All structures shall be constructed in a manner to exclude rats from gaining Indoor access." G-17. All landscaping shall be open and skirted as necessary to exclude rats from nesting in enclosed thickets of vegetation. H. ENERGY 11-1. Development plans will be provided to the Southern California Gas Company and the Southern California Edison Company, as they become available in order to facilitate engineering, design and construction of improvements necessary to provide electrical, natural gas, and telephone services to the Bixby Old Ranch site. 11-2. The applicant will comply with guidelines provided by the Southern California Gas Company and the Southern California Edison Company in regard to easement restriction, construction guidelines, protection of line easements, and potential amendments to rights -of -way in the areas of any existing easements. 11-3. Building energy conservation will be largely achieved by compliance with Title 20 and 24 of the Energy Conservation Code. Title 24, California Administrative 1 111 Code Section 2- 5307(b) is the California Energy Conservation Standard for New Bixby ad Ranch Development Agreement Rdoe 62 • ID Bixby Odd Ranch T ter Development Agreement Ciy cif Seal Beach Augwt 23 1999 Buildings which prohibits the installation of fixtures unless the manufacturer has • A.. certified to the CEC compliance with the flow rate standards. Title 24, California Administrative Code Section 2- 5452(i) and (j) address pipe insulation A' requirements which can reduce the amount of water used before hot water reaches equipment or fixtures. Title 20, California Administrative Code Sections 1604(f) ' and 1601(b) are Appliance Efficiency Standards. II-4. In order to conserve energy devoted to space heating and air conditioning, active and passive solar techniques will be encouraged whenever possible within the f. project. Active solar systems include the use of solar space and hot water heating for buildings, swimming pools, etc. Passive systems involve orienting buildings properly, planting trees to take advantage of the sun, providing. adequate roof overhangs, making sure that walls are properly insulated, and installing simple heat storage systems. H -5. Electric vehicle charging facilities shall be provided for a minimum of two vehicles and a maximum of four vehicles. L HAZARDS ' No Mitigation Measures proposed. J. NOISE s • - J -1. Construction in areas within 500 feet of residential development shall be limited 6 to the hours of 7 :00 AM to 8 :00 PM on Monday through Saturday. Construction activities shall not be permitted in these areas on Sundays or Federal holidays. Use of heavy grading equipment (such as impact hammers and pile drivers) shall be limited to the hours of 8:00 AM to 5:00 PM on Monday through Friday. J -2. All noise sensitive land uses shall be sound attenuated against present and projected noise, which shall be the sum of all noise impacting the project, so as not to exceed an exterior noise standard of 65 dB CNEL in outdoor living areas (e.g., for senior assisted living units) and an interior standard of 45 dB CNEL in all habitable rooms. Evidence prepared under the supervision of a County- certified acoustical consultant that these standards will be satisfied in a e manner consistent with applicable zoning regulations shall be submitted as �. follows: - A. Prior to the recordation of a final tract/parcel map or prior to the issuance of Grading Permits, at the sole discretion of the City, an Acoustical Analysis Report shall be submitted to the Director of Development r Services, for approval. The report shall describe in detail the exterior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy "B" below. • Bixby old Ranch Development Agreement lice 63 • • Bixby Old Ranch Towne Canter Development Ag►eemant Ciry afSeal Beach • Argrat 23.1999 111/ B. Prior to the issuance of any building permits, an acoustical analysis report describing. the acoustical design features of the structures required to satisfy the, exterior and interior noise standards shall be submitted to the Director of Development Services for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report (s) have been incorporated into the design ' of the project. . . C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown .on the project plans illustrating height, location and construction in a manner meeting the approval of the Director of Development Services. i D. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations shall be required by the Director of Development Services to verify compliance with all applicable design standards. E. The project applicant shall reimburse the City for the costs of an independent, third party peer review of this evidence. J-3. All structures shall be sound attenuated against the combined impact of all present (0 and projected noise from exterior noise sources to meet the interior noise criteria `` as set forth below: a) commercial - SO CNEL; b) hotel -45 CNEL; c) senior assisted living - 45 CNEL; and - d) residential - 45 CNEL. Not withstanding any land use characterizations, all sensitive land uses (including the senior assisted living Alzheimer's care/skilled nursing facility and residential uses) shall be sound attenuated against present and projected noise levels, which shall be the sum of all noise impacting the project, so as not to exceed an exterior noise standard of 65 CNEL in outdoor living areas and an interior standard of 45 . CNEL in all habitable rooms. Prior to the issuance of any building permits, evidence prepared under the supervision of a County - certified acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be submitted to the Director of Development Services in the form of an Acoustical Analysis Report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorporated into the design of the project. (4) . Bixby ow Rand, Development Agreement ldoe 64 • 0 • Bixby Old Ranch Towne Center Development Agreement Ci y ((Seel Beach Awgrrt 23.1999 III Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with City policies shall be required by the Director of Development Services to verify compliance with all applicable design standards. J-4. Prior to the issuance of building permits, the licant shall app agree by executing an agreement with the Director of Development Services requiring that the applicant will provide to each prospective buyer, renter, or lessee of noise sensitive land uses (e.g., senior assisted care units and residential uses) a written disclosure that certain buildings or units (without windows and doors closed) and outdoor areas • could be subject to noise levels above State and City standards or policies for noise sensitive land uses. Such notification shall be included in all initial escrow documents as well as all subsequent sales or lease documents. Such notification shall be in language approved by the Director of Development Services and shall be formalized in written Covenants, Conditions and Restrictions (CC&R's) recorded on the title of each noise sensitive land use building site. In addition, each advertisement, solicitation and sales brochure or other literature regarding noise sensitive land uses shall contain the approved notification language. Notification shall also stipulate that the area is subject to occasional overflights and that in the event the Los Alamitos AFRO is activated for use as a Disaster Support Area, noise levels could significantly increase for an unknown period of time due to increases in airfield operations. The agreement shall also provide that prior to the close of escrow with initial buyers, the written disclosure must be acknowledged and signed by all initial buyers, their signature notarized and • deposited in escrow with instructions to the escrow holder to deliver the executed .t disclosure form to the City Clerk within three working days after the close of escrow. X PUBLIC SERVICES K -1. Prior to final approval of a vested tentative tract/ parcel map the project applicant shall enter into a. Development Agreement with the City of Seal Beach. Said agreement shall establish, if required, any payment of the project's fair -share contribution to offset project impacts on public facilities and services including the need for additional law enforcement and fire protection facilities and staffing. r. K -2. The City of Seal Beach, Community Development and Police Departments shall t review and approve .all detailed project plans, improvement plans, and architectural elevations in relation to the following issues: adequate street and security lighting, clearly marked streets and building identification, adequate internal circulation and surveillance for patrol officers, and provision of alarm systems. K -3. All new structures shall provide roofing materials of a Class B roofing assembly or better. • i Bixby as Rands Development Agreement 2.4oc 63 • • • Bixby Old Ranch Towne Canter Development Agrieanent Ciy ((Seal Beach Anguw 23, 1999 r* K-4. All new structures shall install automatic fire sprinkler systems that meet National Fire Protection Association Standards, in accordance with the provisions of the Code of the City of Seal Beach. • K -5. All water mains and hydrants shall provide required fire flows in accordance with requirements of the Orange County Fire Authority. - K-6. All structures shall be constructed pursuant to Uniform Building Code requirements relative to fire protection. i 1C-7. The project proponent will pay the statutory school fee, as applicable to the project, to the Los Alamitos Unified School District. Current capital facility rates allowed for the mitigation of school impacts in the State are set at 51.72 per sq foot of assessable space for residential construction and $0.28 per square foot for commercial/industrial projects. L. UTILITIES / SERVICE SYSTEMS C L-1. All water lines an related facilities shall be designed and installed pursuant to the - requirements of the City of Seal Beach. Detailed improvement plans shall be prepared and submitted to the City of Seal Beach, Engineering Department for review and approval prior to project construction. ti - L-2. The project applicant shall be uired to pay their " roq p y "fait-share" cost for improvement of any off-site water facilities necessary to serve the proposed project. , L-3. Automatic sprinkler systems, s p , y ms, soil sensors or other best available technology shall be utilized in the irrigation of the reconfigured golf course and other landscaped areas. L-4. Mulch and other soil covers shall be utilized in all landscaped areas in order to reduce irrigation demands and increase the water - holding capacity of the soil. L-5. The proposed project shall comply with local and State laws requiring water F efficient plumbing fixtures in order to minimize water consumption. These laws mandate the use of low volume flush toilets in all buildings; establish efficiency standards that set the maximum flow rates for showerheads, faucets, etc.; prohibit the use of non - conforming or substandard plumbing fixtures; and establish pipe insulation requirements to reduce the amount of water used before hot water reaches the fixture. • L-6. If available, reclaimed water shall be utilized to irrigate the reconfigured golf course and landscaped areas. The on -site water distribution system shall be initially designed and constructed in a manner to provide separate reclaimed water 11 lines for landscape irrigation areas. The proposed project shall comply with all Bixby as Rand Development Agreement 2.doe 66 • • Bixby Old Rauch Towne Center Development Agreement • Coo ofSeal Beach August 23, 1999 . ` City of Seal Beach and Regional Water Quality Control Board Requirements for • the installation and operation of this reclaimed water system. 1.-7. All sewer and reclaimed water lines and any related facilities shall be designed and installed pursuant to the requirements of the City of Seal Beach and the County Sanitation District of Orange County. Detailed improvement plans shall • be prepared and ,submitted to the City of Seal Beach and the County Sanitation District of Orange County for review and approval prior to project construction. L-8. The project applicant shall be required to pay their fair share cost of any off -site wastewater transmission or treatment facilities as well as required sewer connection fees to the City of Seal Beach. R L-9. Concurrent with approval of site plans for proposed commercial, hotel, restaurant, seniors care and residential uses, detailed plans shall be submitted delineating the • number, location, and general design of solid waste enclosures and storage areas for recycled material. L-10. The project developer shall adhere to all source reduction programs for the disposal of construction materials and solid waste required by the City of Seal Beach. I . . L-11. A facility shall be provided adjacent to or within the reconfigured golf course for III the collection of green waste from the golf course and other on -site landscaped areas. Collected green waste shall either be composted and used on -site or be made available to the City for collection. • L-12. Prior to issuance 'of a building permit, the project proponent shall complete a Master Water Study for submittal to the Seal Beach Public Works Department. The study should assess available water resources and improvements to the water system required to serve the proposed project and meet fire flow demands. The specific contents of the study should be determined in coordination with the • Public Works Department. The project applicant shall reimburse the City for the costs of an independent third party peer review of this study. i L-13. Based on the recommendations contained in the Master Water Study, the project proponent shall pay a fair share of the cost required to offset project impacts on off -site water systems. . L-14. Monitoring of landfills is outside the jurisdiction of the City of Seal Beach. Monitoring of the landfills on the Los Alamitos AFRC by the AFRC should be conducted to determine the potential for subsurface methane gas at these locations. If significant amounts (five 8 ( percent of volume) of methane gas are found in these monitoring samples, mitigation activities by the AFRC should include the necessary passive venting systems, building liners or other methods to 0 • Bixby Old Ranch Development Agreement idoe 67 • • Bixby OM Ranch Towne Center Development Agreement City (Seal Beach Angier 23, 1999 prevent those gases from impacting future project development on private properties adjacent to the AFRC. 14. AESTHETICS M -1. Prior to issuance of building permits for any proposed commercial, hotel, restaurant, senior care facility, or residential uses, the project proponent shall submit project plans (including landscape plans and illustrative elevations) to the Director of Development Services for approval. Said plans shall reflect the following: o All open areas not used for buildings, including but not limited to: parking I lots, service areas, walls, walkways, and courtyards shall be attractively landscaped in accordance with landscape plans prepared by a licensed landscape architect. o Concentrated perimeter landscaping shall be installed along Seal Beach Boulevard, Lampson Avenue and the 405 Freeway northbound off -ramp in order to maintain and enhance views from along these roadways. o A fully automated irrigation system shall be included in the landscape plans for the project and all landscaped areas should be maintained in good k � - condition throughout the life of the project. o All buildings and landscaping proposed for the site shall present a cohesive • image with attention to compatible materials, building proportion, signage, and architectural styles. o All proposed signage and identification used for buildings, parking lots, access roadways, etc. shall comply with the sign ordinance of the City of Seal Beach. o To the degree feasible, the bulk of buildings shall be minimized through articulation of the building mass with offsets, stepped terraces, changes in i plane, and other such methods in order to reduce the visual impact of the project as viewed from Seal Beach Boulevard, Lampson Avenue, Rossmoor Highlands and the 405 Freeway. a Rooftop equipment shall be screened from all off -site vantage points and mechanical equipment shall be contained within rooftop enclosures. Rooftop screening materials shall be complimentary in material and color to the building's exterior. Rooftop structures, unless an integral part of the building's design, shall not exceed the maximum allowed parapet elevation. (4) o Service areas shall be screened from off-site view and trash containers shall be enclosed using materials complimentary 8 p tary to the commercial buildings. Bixby ow Ranch Development Aroused ZJoe 68 • Bixby Did Ranch Towne Center Development Agreement City efSeal Beach August 23, 1999 M -2. Prior to submittal of final project plans, a photomontage showing illustrative • project elevations in their proposed setting shall be prepared by the project ` proponent and submitted to the City Development Services Department to it illustrate how views from the Seal Beach Boulevard, the 405 Freeway northbound off -ramp, Lampson Avenue, the Rossmoor }lighlands'in Los Alamitos and the Bixby Office Park would be altered by the proposed project. The photomontage shall demonstrate compliance with Mitigation Measure M -1 above. / M -3. Prior to approval of final project plans, a landscape plan for common areas of the project site including street trees, shall be prepared by a licensed landscape architect and submitted to the Director of Development Services, and the City Street Tree Division of the Parks & Recreation Department for approval after review and comment by the City Tree Preservation Committee. This plan shall include a 40 -foot landscaped setback along the Seal Beach Boulevard frontage containing the existing eucalyptus tree row. M-4. An inventory and relocation plan for existing trees on -site shall be submitted to the Development Services Department for approval prior to issuance of building permits. Where trees cannot be relocated, the City shall require the replacement of mature trees pursuant to the following ratios: a) eucalyptus: 4 to 1 using 24 -inch box trees and b) non- eucalyptus: 2 to 1 using 36 -inch box specimens. • M -5. A Eucalyptus Windrow Preservation Plan shall be prepared by a licensed arborist or a landscape architect and submitted to the Department of Development Services and the Street Tree Division of the Parks & Recreation Department for review and approval prior to or concurrent with tentative parcel/tract maps or grading permits. Said plan shall include a long -term maintenance and financing i component which shall be included in the Development Agreement to be executed between the project proponent and the City of Seal Beach. M-6. A Eucalyptus Tree Removal Permit shall be obtained by the project proponent as required for the proposed removal of on -site eucalyptus trees with a trunk diameter greater than 12 inches prior to or concurrent with tentative parcel/tract maps or grading permits. +- M -7. The ten-foot high landscaped berm along Lampson Avenue adjacent to the proposed driving range shall be as steep and as close to Lampson Avenue as possible to shield views from this roadway. Plans shall be approved by the City Engineer as part of the approval of golf course grading plans. M -8. The area vacated by the existing driving range which fronts on Lampson Avenue shall have a landscaped buffer planted and maintained along the project -side of the roadway edge. This shall be completed prior to final inspection of the relocated public/private driving range. • • • • Bixby as Ranh Development Apeelnent 2.doo 69 • • • Bixby OVdRanch Towne CenterDevelopmeat Agreement City if Seal Beach August 23. 1999 M -9. A landscaped buffer of no Less than ten (10) feet shall be provided along the northern perimeter of Development Area D (the proposed residential site) and the eastern perimeter of Development Areas A (Old Ranch Towne Center) and D to ensure privacy and screen views to and from the adjacent residential neighborhood in Los Alamitos. This shall be completed prior to the final inspection of any building within these development areas. M -10. Prior to issuance of a building permit, a lighting plan for the project site specifying the location and type of all exterior light sources, including street lights, parking lot and driving range lights, shall be prepared and submitted to the Department of Development Services for approval. M -11. Street, parking lot; and other common area lighting shall use low or high- pressure sodium units, metal halide, clean lucalox or other efficient lighting technology. The project proponent shall reimburse the City for the costs of an independent third party review of lighting plans. M -12. All outdoor lighting should be shielded, directed downward, and have sharp cut-off qualities at property lines, in order to minimize light and glare spillover effects. (• M -13. The landscape plan for the project shall concentrate landscaping along the periphery of the site and in other to minimize impacts on adjacent uses from automobile headlights and other light sources. M -14. Commercial buildings as well as the proposed hotel, restaurant, and senior care structures shall use minimally reflective or tinted glass and all materials should be selected with attention to minimizing glare impacts to off -site areas, particularly the AFRC, the 405 Freeway, Seal Beach Boulevard, Lampson Avenue, and adjacent residential uses. M -15. Paved areas should be textured, and large expanses of concrete or high gloss tile should be avoided. M -16. Interior parking lot landscaping shall cover no less than S% of the parking lot areas on -site. N. CULTURAL RESOURCES N -1. A Phase I archaeological survey shall be undertaken by an archaeologist and Native American monitor appointed by the City of Seal Beach City Council prior to any earth moving operations. The Archaeological Advisory Committee shall review and provide comments and recommendations to the City Council ,�- regarding the proposed scope of field investigation to be completed for the Phase \4111 I survey. Such scope of work shall contain at a minimum the following: a description of the walk -over field survey methodology, including transect field Bixby • - as Ranch Development Agreement ieoe 70 • • • Birby Old Ranch Towne Center Development Agreement Ciry tr Seal Beach August 23, 1999 • spacing for the walk -over, a description of the subsurface field sampling plan to s-- be utilized, consisting of test borings and minimum 1x1 meter test pits; and a i description of additional field investigations if cultural resources are identified in the Phase 1 Investigation. N -2. Earth removal or disturbance activities related to rough for Foundations and utilities that extend below five feet of the k pre - grading surface elevation. If any earth removal or disturbance activities result in the discovery of cultural resources, the project proponent's contractors shall ' . cease all earth removal or disturbance activities immediately and notify the City selected archaeologist and/or Native American Monitor, who shall immediately notify the Director of Development Services. The City selected archaeologist will have the power to temporarily halt or divert the excavation equipment in order to evaluate any potential cultural material. The City selected archaeologist shall evaluate all potential cultural findings in accordance with standard practice, the requirements. of the City of Seal Beach Archaeological and Historical Element, and other applicable regulations. Consultation with the Native American Heritage Commission and data /artifact recovery, if deemed appropriate, shall be conducted. • ,_ N -3. If potentially significant cultural resources are encountered during earth removal or disturbance activities, a "Test Phase ", as described in the Archaeological and Historical Element of the City General Plan is required and shall be performed by III the City selected archaeologist, and if potentially significant cultural resources are discovered, a "Research Design document" must be prepared by the City selected archaeologist in .accordance with the provisions of the Archaeological and Historical Element of the General Plan. The results of the test phase investigation must be presented to the Archaeological Advisory Committee for review and recommendation to the City Council for review and approval prior to continuation of earth removal or disturbance activities in the impacted area of the proposed project. N-4. Project - related earth removal or disturbance activity is not authorized until such time as the "Test Phase" research is completed and accepted by the City Council and until a written "Authorization to Continue Earth Removal - Disturbance Activity" is issued by the Director of Development Services to applicant for the impacted area of the proposed project. N -5. During all "test phase" investigation activities occurring on site, the City selected archaeologist and the Native American monitor shall be present to conduct and observe, respectively, such "test phase" investigation activities. N-6. Should any human bone be encountered during any earth removal or disturbance activities, all activity shall cease immediately and the City selected archaeologist and Native American monitor shall be immediately contacted, who shall then immediately notify the Director of Development Services. The Director of the Bixby • as Ranch Development Agreement 2.doc 71 • Bixby Old Ranch Tome terDevd t Agreement Ciy of Seal Bench August 23, 1999 • ,0 Department of Development Services shall contact the Coroner pursuant to Section 5097.98 and 5097.99 of the Public Resources Code N. relative to Native . American remains. Should the Coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to Public Resources Code Section 5097.98. N-7. If evidence of subsurface paleontologic resources is found during construction, excavation and other construction activity in that area shall cease and the contractor shall contact the City Development Services Department. With direction from the City, an Orange County Certified Paleontologist shall prepare and complete a standard Paleontologic Resource Mitigation Program. O. RECREATION • I 0-1. Prior to final approval of a vested tentative tract map, the project applicant shall enter into a Development Agreement with the City of Seal Beach that shall specify that the project proponent will: a) offer for dedication to the City of Seal Beach the 6.74 acre Bixby Old Ranch Tennis Club facility for public recreation purposes; b) provide an on -site joint use public/private driving range; and . c) provide a 2.5 acre improved park facility adjacent to the residential component of the Project. 1 * * * * i i • • • ti 110 Bixby Old Ran& Development Agreement 2.doc 72 ® • orarh Tame Caster Development Agreement . City afSeal Beach • August 23, 1999 410 • EXHIBIT "J" s . PERMISSIBLE ENCUMBRANCES ON OLD RANCH TENNIS CLUB (TO BE DETERMINED AT TIME OF FINAL SUBDIVISION MAP APPROVAL) • • 1 • Bixby OW � Development Agreement 2.doe • 73 • • Bibby Old Randy Towne Canter Development Agreement Ciry o(Seal Beach 41111k August 23, 1999 • ti. EXHIBIT "K" PERMISSIBLE ENCUMBRANCES ON AREA "B" GREEN BELT AREA (TO BE DETERMINED AT TIME OF FINAL SUBDIVISION MAP APPROVAL) Bixby Old Ranh Development Agreement 2.d - 74 o &4 Oki Ranch TowneSter Development Agreement City ((Seal Beach August 23, 1999 0 EXHIBIT "L" • LOCATION OF MONUMENT SIGNS • • • Bixby ad Ranch Development Agreement 2.doc 73 . • • r / O. OM to SO • 5t1' 6 liar . an nob IIIMIllk • 1 Nt ' .0 - O es 4" /I/ ( Os° - - ° 4 g rn z 13 xl P all CD 0 / I / 4-- hi ° z 0 / y -ri ig ei . 7 / co 4 in P3 0 - 0 in ao Z m Z O 1 1› n j Z I , I P e liji pi . • 111;r taws— :, - =J " M ".4cr " cps' imam igna ibessess ._.____ __—IL,C__:11■.......m.............. o • Bixby Old 'tans* Towne Center Development Agent City ((seat Beach August 23, 1999 •-• EXHIBIT "L" LEGAL DESCRIPTION Portion A. In the City of Seal Beach, County of Orange, State of California, being a portion of Parcel 1 of Tentative Parcel Map Number 97 -165, described as follows: • Beginning at the northeasterly terminus of the northerly boundary of Parcel 1 of said TentativeParcel Map, said point being the easterly terminus of a curve having a radius of 42.25 feet and a length of 80.97 feet; thence southeasterly along a non - tangent curve, concave southwesterly, having a radius of 760.00 feet, a radial line of said curve bears N 41 °21'29" E, a distance of 12.92 feet; thence S 76 °16'40" E a distance of 85.19 feet; thence northeasterly along a non - tangent curve, concave northwesterly, having a radius of 1181.39 feet, a radial line of said curve bears S 67 °45'11" E, a distance of 14.23 feet; thence northeasterly, easterly and southeasterly along a compound curve, concave southerly, having a radius of 42.25 feet, a distance of 80.97 feet to the point of beginning. The above describes an area of 1,755 square feet, more or less. Ark- IIP Portion B: In the City of Seal Beach, County of Orange, State of California, being an undivided portion of Sections 31 and 32, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, described as follows: . Beginning at the northeasterly terminus of the northerly boundary of Parcel 1 of said Tentative Parcel Map, said point being the easterly terminus of a curve having a radius of 42.25 feet and a length of 80.97 feet; thence N 45 °75'52" E a distance of 79.54 feet to the TRUE POINT OF BEGINNING; thence northwesterly along a non - tangent curve, concave southwesterly, having a radius of 840.00 feet, a radial line of said curve bears N 40 °02'41" E, a distance of 69.41 feet; thence N 00 ° 11'28" E a distance of 71.82 feet; thence S 25 °34'49" E a distance of 126.65 feet to the TRUE POINT OF BEGINNING. The above describes an area of 1,944 square feet, more or less. ** ** • • • • Bixby ad Ranh Development Agreement 2.doe 76 • • Bixby Old Ranch Towne Center Development Agreement Ciry ofSeal Beach August 23, 1999 • • EXHIBIT "M" • PERMISSIBLE ENCUMBRANCES ON MONUMENT SIGN EASEMENT AREA (TO BE DETERMINED AT TIME d OF FINAL SUBDIVISION MAP APPROVAL) k410 . . • • • • Bixby Old Ranch Development Agreement 2.doc 77 ® • Bixby Old Ranch Towne Center Development Agreement Ciry ofSeal Beach August 23, 1999 • EXHIBIT "N" LOCATION OF MEDIAN LANDSCAPING • 3 o • 1 • Bixby OW Reath Development Agreement 2.doc 78 - . M4r. 1 111=611 . . . . . . ....i.,....,..,..,,,,,,...,..„ _ _ _ _ . - - . . .... . ar i 4.14 6 E. i +..• ... M.... 111 ce .. gt ii --•s.� , rl II • is i l 11 II - 1 a I • II 11 II I I (. : ;; 1 7 ' 11 1 111 1 II ;I 11 II II 11 II 111 11 • III I! li ° II ii II (.0 - " 11 . 0 • Bixby Qld Ranch Towne Canter Development Agreement Cry ((Seal Beach • August 23. 1999 • EXHIBIT "0" - DEDICATION REQUIREMENTS 10 t kl 0 Bixby Old Ranch Development Agreement 2.doo 79 • • Bixby old Ranch Towne Center Development Agreement Civ of Seal Beach • August 23, 1999 EXIOBIT "O" DEDICATION REQUIREMENTS Reference Section 3.1.1.1: 2.5 acre park Reference Section 3.1.1.4: Landscaped green belt of approximately 5 acres in the general location and shape shown on Exhibit "G" Reference Section 3.2.5.1: Old Ranch Tennis Club; including all rights to existing cellular transmission towers Reference Section 3.2.5.2: Community Police Center Reference Section 3.2.5.3: Green Belts • • Reference Section 3.2.5.4: Monument Signs Reference Section 3.2.53 Median Landscaping Reference Section 3.2.5.7: Lampson Avenue Enhancements Reference Section 3.2.5.10: Water Well Site Reference Section 3.2.5.13: Quitclaim Interest in Los Alamitos Armed Forces Reserve Center ** ** Bixby Old Raadi Development Agreement 2.doe SO O 0 • Bixby Old Ranch Towne Center Development Agreement Cary? cfSeal Beach August 23, 1999 • • • EMBIT "P" SCHEDULE OF EXISTING DEVELOPMENT IMPACT FEES , 4 • 1 • . - - . • • • Dixby Old Ranch Development Agreement 2.doe 81 • City of Seal Beach Comprehensive Fee Schedule Adopted on June 28, 1999 by Resolution 4718 - p E SEAM B� �. �JRPORQr� !* Qom. , •• 00 N TY 064 - N City of Seal Beach Planning Department 211 Eighth Street • Seal Beach, CA 90740 -6379 07/21/99 • Comprehensive Fee Schedule 17/7/8 Page l RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH . ESTABLISHING THE RATES AND AMOUNTS OF FEES AND CHARGES FOR GOODS, SERVICES AND FACILITIES PROVIDED BY THE CITY OF SEAL BEACH AND SUPERSEDING INCONSISTENT PROVISIONS OF RESOLUTIONS 4114, 4195, 4234, 4250, 4442, 4494, 4499, 4519, 4545, 4550, 4650 • • . . WHEREAS, the City Council is empowered to impose reasonable fees, rates, and charges for • municipal services; and WHEREAS, the City Council has determined that the fees, rates, and charges should cover the costs reasonably borne or a substantial portion of the actual costs of the goods and services provided by the City; and WHEREAS, the City Council has determined that fees, rates, and charges for municipal services do not cover the actual costs under the current fee schedules; NOW, THEREFORE, BE IT RESOLVED, theCity Council of the City of Seal Beach hereby establishes the amount of certain fees, rates and charges, and restates that amount of other fees, rates, charges and taxes as follows: SECTION 1. Administrative Fees • • A. Documents The following fees are established to reimburse the City for costs relative to filling public requests for copies of non - confidential records, codes, brochures, booklets and patent materials not marked for general distribution Photocopies of individual pages of Ordinances, Resolutions, Contracts, Agreements and any of the documents listed in this section and any other documents, publications and reports not listed. I. Copy charge ». ».» »....... .......». ... .... ». » ».... 50.15 per page 2. City Charter 510.50 3. Municipal Code: ». a. Complete ..... » 570.00 b. Municipal Code ,,,» ... » 50.35 er 4. Zoning Ordinance: P page Complete ... 535.00 • ;.128199 Comprehensive Fee Resolution Page 2 5. General Plan: a. Complete $65.00 6. Ordinances, Resolutions, Contracts, Agreements: a. Copy charge S0.15 per page 7. Minutes: a. Regular basis ..... S50.00annually with self/addressed stamped envelopes 8. - .- Agendas: a. Regular basis . S25.00 annually w /self addressed stamped envelopes 9. Economic Interest Disclosure and Campaign Statements (as required'by State Law) S 0.10 /page 10. Election Documents S 0.15 /page 11. Postage: All mail requests shall have the cost of postage added the fees set forth, with the exception of copies of minutes and agendas. B. Returned Check Fee ( Aim person issuing a batik' draft, note or check which is returned by a financial institution due to s ufficient funds or a closed account or is otherwise dishonored, shall be charged the sum of 525.00 for processing each such checks. Said amount shall be included in the total sum of all bills, charges, or fees otherwise due and owing to the City. SECTION 2. Building Fees A. Microfilming Fee 1. For each sheet up to 8 V2' x 11" in size (At time of permit issuance) S0.75 /sheet 2. For each sheet larger than 81/2" x 11" in size S1.S0 /sheet 3. Copy of microfilmed documents SO.15 /page 07/21/99 0 0 Comprehensive Fee Resolution Page B. • wilding Permit Fees II 1. Building permit fees shall be collected according to the following schedule: TABLE A Total Valuation Za 51.00 to 5500.00 10% of the permit valuation. 5501.00 to 52,000.00 581.65 for the first 5500.00 plus 53.05 for each additional 5100.00 or fraction thereoZ to and i including 52000.00. 52001.00 to 525,000.00 5127.40 for the first 52,000.00 plus 514.50 for each additional 51,000.00 or fraction hereof to and including 525,000.00. 525,001.00 to 550,000.00 5449.40 for the first 525,000.00 plus 510.10 for each additional 51,000.00 or fraction thereof to and including 550,000.00 550,001.00 to 5100,000.00 ' 5701.90 for the first 550,000.00 plus 57.00 for each - _ additional 51,000.00 or fraction thereof to and III including 5100,000.00 5100,001.00 to $ 500,000.00 51,051.90 for the first 5100,000.00 plus 55.60 for each additional 51,000.00 or fraction thereof to and including 5500,000.00 5500,001.00 to 51,000.000.00 53,291.90 for the first 5500,000.00 plus 54.75 for each additional 51,000.00 or fraction thereof; to and including 51,000.000.00 $1,000,000.00 and up • 55,666.90 for the first 51,000,000.00 plus 53.65 for each additional 51,000.00 or fraction thereof 2. A building valuation data sheet shall be used in conjunction with the fee schedule established in Section 2.B.1. The source of that sheet shall be the most current Building Valuation Data • printed in the Building Standards, which is a bi- monthly publication by the International Conference of Building Officials, 5360 S. Workman Mill Road, Whittier, CA, 90501. 3. General Plan and Geographic Information System Update - Surcharge 5.0015 x value of building levied with building permit. • . • • 07R 1/99 Comprehensive Fee Re �` Page 4 4. Miscellaneous Valuation Table a. Pool Fee: . (1) Swimming Pool 53,000+513.50 per square foot + 5550 for heater . (2) Spa 51,400+511.25 per square foot + S550 for heater b. Patio Fee (1) OPen 511.25 per square foot (2) Screened 522.50 per square foot c. Fences & Block Walls 522.50 per linear foot d. Signs: (1) Ftee Standing 533.75 per square foot (each face) + 5300.00 (2) Wall Signs 522.50 per square foot e. Roofing: (1) Composition & Gravel 5101.25 per square foot (2) Composition Shingles (3) Wood Shingles 5101.25 per square foot 5146.25 per square foot i (4) Wood Shakes (5) Clay Tile 5207.50 per square foot 5270.00 per square foot Plan Check Fees ,' ' ' • a. Valuation must exceed 51,000.00 and a plan is required, then a fee shall be paid of 65% of the building permit fee. b. When a plan or other data is required to be submitted for work related to mechanical, electrical or plumbing, a plan check fee of 65% of the total permit fee (excluding initial permit fee) shall be required. c. 6. Miscellaneous Fees a. Swimming Pool Fee Table A, Based on Valuation b. Spa Fee Table A, Based on Valuation *Public Works Bond for Damages to Public Improvements 5 385.00 *Public Works Street Permit/Rubbish Container $ 25.00 c. Patio Fee Table A, Based on Valuation d. Fences and Block Walls Table A, Based on Valuation e. Sign Fee Table A, Based on Valuation f. Roofing Fee Table A., Based on Valuation g. Sandblasting 5.06 per square foot of wall face surface b. Tent Fee Up to 1,000 square footS38.00 Each additional 1,000 square foot of fraction thereof 512.75 (40 40 07Q1199 Comprehensive Fee Resolution Page S •-• Renewal of Expired Permits. A fee of one -half the total amount for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided that such suspension or abandonment has not exceeded one full year, in which case a full fee shall be required. j. Temporary Certificate of Occupancy S64.00 k. Demolition Permit Fee (Table A) contract price for demolition work 1. Moving Permit Fee (Table A) valuation based on contract price (Special investigative fee required) m. Contractor business license fees $ 153.00 • Special Service Fees -a. Special Investigative Fee - charged for a special inspection by a City Building Inspector: Affected Floor Area Fee 0 -2,500 square feet 5190.00 2,501 -5,000 square feet 5380.00 5,001 -7,500 square feet 5575.00 .7,501- ]0,000 square feet 5765.00 Each additional 10,000 square feet or fraction thereof S200.00 . b. For inspections requested by a permittee to be made outside of normal business hours 560.00 per hour, minimum of one hour, plus all other fees. . c. For inspections determined by the Building Official to be excessive and beyond at least one (1) re- inspection of an item of work caused by faulty workmanship or work not ready for inspection at time of request 550.00 per inspection. d. Additional plan check review by changes, additions or revisions to approved plans $50.00 per hour, minimum of one hour. e. Inspection for any change of occupancy classification, use type (as indicated in Table 5a of the Uniform Building Code) or certification of compliance with Building Codes and ordinances not otherwise provided for 5100.00 f. Inspections for which no fee is specifically indicated (minimum charge is one half - hour) 540.00 8. Xlectrical Code Fees: a. For issuing each permit 522.00 b. When electrical permits are not obtained in conjunction with other types of permits; minimum fee 522.75 c. ,Services: Each service switch 300 volts or less 5.018 /amp. Each service switch 301 volts to 600 volts $.05 /amp. Each service switch over 600 votes $.090 /amp. In addition, the following fees shall apply to electrical systems contained within or on . _ . . ..... ._• ________ _ _ _ _ • • 07R1/99 Comprehensive Fee Resolution ` Page 6 any new structure, including new additions to existing structures: (1) $ .00640 per square foot: (a) Warehouse - that part which is over 5,000 square feet (b) Storage garages where no repair work is done (c) Aircraft hangers where no repair work is done (2) $ .01375 per square foot: (a) Residential accessory buildings attached or detached, such as garages, carports, sheds, etc. (b) Garages and carports for motels, hotels and commercial parking. (c) Warehouses up to and including 5,000 square feet. (d) All other occupancies not listed that part which is over 5,000 square feet. (3) 5.028 per square foot: All other occupancies not listed up to and including 5,000 square feet. (4) 5.0028 per square foot: Temporary wiring during construction. y' d. Temporary Service (1) Temporary for construction service, including poles or pedestals, " 517.00 (4) (2) Approval for temporary use of permanent service equipment prior to completion of structure or final inspection, each (3) Additional supporting poles, each $ 5.00 (4) Temporary service for decorative lighting, Christmas sales lot, etc.... 5 9.00 e. Jvfiscellaneous (1) Area lighting standards up to and including 10 on a site, each 5 5.00 Over 10 on a site, each $ 2.50 (2) Private residential swimming pools including supply wiring, lights, motors and bonding 534.00 (3) Commercial swimming pools 568.00 (4) Inspection for reinstallation of idle meter (removed by Utility Company) 512.75 f. jlluminated Sins. New - Relocated or altered Square Feet: Up to and including 5 512.75 Over 5, not over 25 515.25 Over 25, not over 50 520.50 Over 50, not over 100 528.00 Over 100, not over 20 530.50 A • Over 200, not over 300 538.25 07/21/99 . • Comprehensive Fee Resolution Page 7 Over 300 50.125 per square foot • S- Overhead Line Construction: Poles and anchors, each S 5.00 h. Alternate Fee Schedule: Alterations, additions and new construction where no structural work is being done or where it is impractical to use a Square footage schedule; convert to units as follows, charging S 3.80 for each unit: For each 5 outlets or fraction thereof where current is used or controlled 1 unit For each 5 lighting fixtures or fraction thereof where current is used or Controlled 1 unit For multi - assembly (festoon type plug mold etc.), each 20 feet or fraction thereof 1 unit i. Power Apparatus: For equipment rated in horsepower (HP), kilowatts (KW), or kilovoltamperes (KVA), the fee for each motor, transformer, and/or appliance shall be: 0 t l 53.85 Over 1 and not over 10 S 8.50 Over ] 0 and not over 50 517 00 - Over 50 and not over 100 534.00 Over 100, each 551.00 NOTE: (1) for equipment or appliances having more than one motor or heater, the sum of the combined ratings may be used to compute the fee. IIIII (2) These fees include all switches, circuit breakers, contractors, relays and . other directly related control equipment. _ j. Other Inspections and Fees (1) • Inspections outside of normal business hours Section 2B7 (2) Re- inspection Section 2B7 (3) Additional Plan Check Review Section 2B7 (4) Miscellaneous apparatus, conduits, and conductors for electrical apparatus, conduits and conductors for which a permit is required but for which no fee is herein set forth S 12.50 9. Plumbing Code Fees a. For issuing each permit S22 00 b. When plumbing permits are not obtained in conjunction with other types of permits. Minimum fee 522.75 . c. For each plumbing fixture or trap or set of fixtures on one trap (iincluding water, drainage piping and back flow protection 57.00 d. For each building sewer and trailer park sewer S15.00 e. Rainwater system - per drain ('inside building -57.00 11 ... -------------- ----------------------- --------- -- - -- - - __ _____. . _____. .____....________.._ _______________._.__________ __ _ _ _ ______ _______ • • 07/21M i. Comprehensive Fee Resolution Page 8 f. For each cesspool (where permitted) 525.00 g. For each private sewage disposal system 540.00 h. For each water heater and/or vent S 7.00 i. For each gas piping system of one (1) to five (5) outlets S 5.00 j. For each additional gas piping system per outlet S 1.25 k. For each industrial waste pre - treatment interceptor, including its trap and vent, excepting kitchen type grease interceptors functioning as fixture traps S 7.00 1. For each installation, alteration or repair of water piping and/or water treating equipment S 7.00 m. For drainage or vent repair or alteration of piping 5 7.00 n. For each Lawn sprinkler system or any one meter, including back flow protection devic S 7.00 o. For atmospheric type not included in Item M, one (1) to five (5) S 7.00 p. Six (6) or more each of the above S 1.00 q. For each back flow protective devices other than atmospheric type vacuum breakers: (1) Two (2) inch diameter and smaller S7.00 (2) Over two (2) inch diameter r. For each gray water system $540.00 10.00 s. For initial installation and testing ofa reclaimed water system S30.00/hour t. For each annual cross- connection testing ofa reclaimed water system (excluding �. initial test • S30.00/hour u. Other inspections and fees: (l) Inspection outside of normal business hours Section 2B7 (2) Re- inspection Section 2B7 (3) Additional Plan Review Section 2B7 v. Sewer Connection permits fee up to 525.00 10. Mechanical Code Fees a. For the issuance of each permit 522.00 b. When mechanical permits are not obtained in conjunction with other types of permits, minimum fee shall be 522.75 c. For the installation or relocation of each forced air or gravity -type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 BTU/H 513.25 d. For the installation or relocation for each forced air or avi or bur, gr ty -type furnace or burner, including ducts and vents attached to such appliance over 100,000 BTU/H „516.25 e. For the installation or relocation of each floor furnace, including wall heater or floor - mounted unit heater 513.25 £ For the installation, relocation or replacement of each suspended heater,recessed wall heater or floor mounted unit heater 513.25 g. For the installation, relocation or replacements of each appliance vent installed and A# not included in an appliance permit S 6.50 • 0 • 07/21/99 Comprehensive Fee Resolution Page 9 III h. For there air of, alteration p of or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption or evaporative F system to and including 100,000 BTU/H S12.25 i. For the installation or relocation of each boiler or compressor to and including three horsepower, or each absorption system to and including 100,000 BTU/H S13.25 . j. For the installation or relocation of each boiler or compressor over three horsepower ;: to and including 15' horsepower, or each absorption system over 100,000 BTU/H and including 500,000 BTU/H 524.25 k. For the installation or relocation of each boiler or compressor over 15 horsepower to and including 30 horsepower, or each absorption system over 500,000 BTU/H to and including 1,000,000 BTU/H 533.25 1. For.the installation or relocation of each boiler or compressor over 30 horsepower to and including 50 horsepower, or each absorption over 1,000,000 BTU/H to and including 1,750,000 BN/H • 549.50 m. For the installation or relocation of each boiler or refrigerator compressor over SO horsepower, or each absorption system over 1,750,000 BTU/H 582.75 . n. For each air handling unit to, and including 10,000 cubic feet per minute, including ducts attached thereto S 9.50 Note: This fee shall not apply to an air handling unit which is a portion of a factory assembled,appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in this Resolution. o. For each air handling unit over 10,000 CFM 516.15 II) p. For each evaporative cooler other than portable type S 9.50 q. For each ventilation system which is not a portion of any heating or air conditioning system authorized by a permit S 9.50 • r. For each ventilation fan connected to a single duct 5 6.50 s. For the installation or relocation of each domestic type incinerator 516.25 t. For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood S 9.50 u. For the installation or relocation of each commercial or industrial type incinerator. 566.50 v. For each appliance or piece of equipment regulated by the Uniform Building Code but not classified in other appliance categories, or for which no other fee is listed in this Code S 9.50 w. Duct extensions, other than those attached, each $ 5.00 --. u. When Chapter 22 of the Uniform Building Code is applicable, permit fees for fuel gas - piping shall be as follows: (1) For each gas - piping system of one to four outlets S 5.50 (2) For each gas - piping system of five or more outlets, per outlet S 1.00 y. Other Inspection Fees: (1) Inspection outside ofnonnal hours Section 2B6 (2) Re- inspection Section 2B6 (3) Additional Plan Reviews Section 2B6 • • • 07!21/99 Comprehensive Fee Resolution .0 Page 10 11. Refunds: If construction has not commenced, a refund of eighty percent (80 %) of the permit when permits are cancelled at the request of the permittee. No permit fee will be refunded for any permit, which has expired. No refund will be made of the plan check fee when the plan check service has been performed. A refund of 80% of the plan check fee will be returned if the plan check service has not been performed. Y C. Construction Excise Tax 1. Rates: 4 a. Residential Units: (1) Single Family S85.00 (2) Duplex (each). S85.00 (3) Apartment (each) 562.50 (4) Bachelor (each) 562.50 (5) Mobile Home Space (each) 551.00 b. Commercial - per square foot - S .05 c. Industrial . per square foot - S .05 111) Delinquency Charge.. Twenty -Eve percent of tax plus interest cost of 1.00% P er month. D. Environmental Reserve Tax 1. . Fee on new residential living unit construction. a. First three (3) floors of a conforming unit (per square foot S 0.15 b. First three (3) floors of a nonconforming unit (per square foot) S 0.35 E. Won - Subdivision Park and Recreation Fees 1. Single - Family Dwelling - A fee of 510,000 is imposed upon the construction and occupancy of each single -family dwelling, which results in a net increase to the City's housing stock. Said fee is imposed to offset impacts to the City's existing park and recreation facilities caused by the additional single family dwelling. 2. Other Residential uses - A fee of 55,000 is imposed upon the construction and occupancy of each residential dwelling unit, other than a single - family dwelling, which results in a net increase in the City's housing stock. Said fee is imposed to offset impacts to the City's existing ark and recreation facilities causes by the additional dwelling unit. • 0 • 0781/99 Comprehensive Fee Resolution Page 11 • SECTION 3. Planning Fees The following fees are charged to individuals submitting the described requests to the City Development Services Department. Payment in full is required before issuance of necessary Grading, Building, Plumbing, Electrical, Mechanical or any other appropriate permit. A. Tiling Fees ' 1. Conditional Use Permit Actual Costs - S 500.00 deposit 2. Variance Actual Costs - 3 500.00 deposit 3. Zone Change Actual Costs - S1,000.00 deposit 4. General Plan Amendment Actual Costs - 31,000.00 deposit 5. Planned Unit Development Actual Costs - 51,000.00 deposit 6. Minor Site Review Actual Costs - S 100.00 deposit 7. Major Site Plan Review Actual Costs - S 500.00 deposit 8. Concept Approval (Coastal) Actual Costs - S 100.00 deposit 9. Specific Plan Actual Costs - 52,000.00 deposit 10 " Appeal - Non -Public Hearing Matters 3100.00 11. Appeal - Public Hearing Actual Costs - S 500.00 deposit 12. Pre - Application Conference Actual Costs - S 100.00 deposit 13. : Property Profile , Actual Costs - S 75.00 deposit 14. - Planning Commission Interpretation Actual Costs - 5200.0 B. Environmental Fees 1. Minor Environmental Assessment (Determination) Actual Costs - S 10.00 deposit 2. Major Environmental Assessment (Initial Study) . Actual Costs - 5250.00 deposit 3. Negative Declaration Actual Costs - 5500.00 deposit 4. Environmental Impact Report Actual Costs - 310,000.000 deposit plus 10% to Fire Department C. Transnortation Facilities and Programs Development Fees Land Use Type Fee/Unit • 1. Shopping Center (up to 175,000 square feet) 39.03 per square foot of gross leasable area 2. Shopping Center (over 175,000 square feet) 32.80 per square foot of gross leasable area 3. General Office Building 53.05 per square foot of gross leasable .• area 4. Quality Restaurant 56.95 per squares foot of gross floor area • II • 0741/99 Comprehensive Fee Resolution At . Hotel 12 Hotel S610.86 per room or suite 6. Single Family Detached Housing 51,078.28 per dwelling unit 7. Multi Family Attached Housing (Apartment) 5707.60 per dwelling unit 8. Multi Family Attached Housing (Condominium) 5590.21 per dwelling twit 9. City Park 53,530.48 per acre 10. Other Land Use Types . 51,052.18 per PM peak hour trip generated . D. Transportation Facilities and Proerams Development Application Fee and Use Type .eetinit i 1. Shopping Center (up to 175,000 square feet) $ 1.35 per square foot of gross leasable area 2. Shopping Center (over 175,000 square feet) 50.41 per square foot of gross leasable area 3. General (Ace Building 50.45 per square foot of gross leasable area 4. Quality Restaurant S1.03 per square foot of gross floor area 5. Hotel S90.22 per room or suite 6. Single Family Detached Housing 5160.86 per dwelling unit Multi Family Attached Housing (Apartment) S105.44 per dwelling unit Multi Family Attached Housing (Condominium) 588.05 per dwelling unit 9. City Park 5527.18 per acre 10. Other Land Use Types S159.78 per PM peak hour trip generated E. Main Street Specific Plan Zone In - Lieu Parkine Fees The following per space in -lieu parking fee is hereby established for uses on commercially zoned parcels located within the Main Street Specific Plan Zone: 1. 53,500.00 per deficient space for all such uses established on or after September 1, 1996. Such fee shall be calculated by multiplying the number of parking spaces required for the use which are not provided either on -site or within three hundred feet (300') of the parcel on which the use is situated by 53,500.00. 2. An annual fee of 5100.00 per deficient space for all such uses established prior to September 1, _ 1996 which are currently operating under an existing land -use entitlement wherein as a condition of approval the applicant agreed to participate in the City's in lieu parking program except for those uses governed by Section 3 hereinafter. Such annual fee shall be calculated by multiplying the number of parking spaces required for the use which are not provided either on -site or within 300' of the parcel on which the use is situated by 5100.00. 3. For all such uses established prior to September 1, 1996 pursuant to a development agreement erein the applicant agreed to participate in the City's in lieu parking program, the fee per deficient ' shall be a specified in the applicable development agreement for the subject ro , ice P 07�1 • • Comprehensive Fee Resolution Page 13 SECTION 4 - Police Fees • A. Alarm Svstem Application Fees The following fees will be charged for direct and indirect alarm system applications: • 1. Direct Alarm System Application Fee $14.00 July 1- June 30 2. Indirect Alarm System Application Fee S10.00 July 1- June 30 3. False Alarm Penalties: Penalties will be assessed in the event of the following false alarms: a. l st and 2nd false alarms No Charge 3rd false alarm 525.00 4th false alarm 550.00 5th false alarm 5100.00 6 or more false alarms 5150.00 /each B. Animal Control Fees For animals licensed pursuant to Section 3- 10.7(a) of the Code: 1. Dog • unaltered S 20.00; altered 510.00 2. Cat unaltered 510.00; altered 5 7.50 • 3. Sr. Citizen Discount 50% For animals impounded at City of Seal Beach Animal Care Center: 1. Impound of small animals (cats, dogs, etc.): a. Impound Fee S25.00 • b. Daily Care and Feed 5 5.00 2. Quarantine of Small Animals: a. Impound Fee 525.00 b. Daily Care and Feed 510.00 3. Quarantine on Owner's Property 525.00 Veterinary Services: 1. Rabies Vaccination Actual Cost .2. Relative Value unit Actual Cost 3. Other procedures (x -ray, lab, etc.) Actual Cost 4. Medical or surgical care Actual Cost 5. Euthanasia (request by owner) 520.00 • • • 07/21/99 Comprehensive Fee Resolution a ge 14 • Miscellaneous Fees: 1. Disposal of dead animals 515.00 2. Animal traps S2.00/day or Delivery of trap S10.00 Rental /day of trap 51.00 3. Relinquishment of animal by owner (adults) S17.50 Each litter plus female S 5.00 C. Beach Parkins Services i 1. ,Tune l5 - October 31` Buses, Motor homes, and other Vehicles Motorcycles Au os Over 25 Feet Weekdays '" and 10 53.00 56.00 520.00 arking lots • Weekends/Holidays 8 an 10 Street Parking lots 53.00 56.00 520.00 2. Rates for automobiles parking after 5:00 p.m. shall be 52.00. Rates for motorcycles and vehicles over 25 feet parking after 5:00 p.m. shall be half price. 3. November 1" - June 14 Buses, Motor homes, and other Vehicles Motorcycles AILtal O ver Weekdays 8 and 10 reef S2.00 S1.50/hour (54.00 maximum) S1.50/hour ng lots (58.00 maximum) 07/21/99 • • Comprehensive Fee Resolution • Page 15 Weekends/Holidays III 8 an 10 Street Parking lots 52.00 S1.50/hour (55.00 maximum) S1.50/hour (S10.00 maximum) . • 4. t Rates for automobiles parking after 5:00 p.m. shall be 52.00. Rates for motorcycles and _ t vehicles over 25 feet parking after 5:00 p.m. shall be half price. • Between "Spring Break" and June 14th the hourly rate changes to a flat rate on weekends and holidays and is in accordance with the schedule listed under paragraph #1. 4. 5. "Spring Break — September 14 Buses, Motor homes, and other • Vehicles . Motorcycles Autos Over 25 Feet Weekdays 8 and 10 Street 53.00 55.00 520.00 Parking lots -- _ Weekends/Holidays 8 an 10 Street Parking lots 53.00 55.00 520.00 6. Rates for automobiles parking after 4:00 p.m. shall be S2.00. Rates for motorcycles and vehicles over 25 feet parking after 4:00 p.m. shall be half price. 7. . September 15 - Day before "Spring Break" Weekdays 1 Street Parking lot S2.00 53.00 58.00 Weekends/Holidayg l Street Parking lot 52.00 54.00 58.00 .• - ---_- - . _ --- - --- - - -- - -• • -- -- •. .._. _ _._ ------ -- - --- - - - _____ ___ _ _ .___________ ______. .___________________________- ---- ---- . .. _ .. ... ______ ___ ........_ _ _____________._.________ ....._..... • • 0721194 Comprehensive Fee Resolution i Page16 8. Rates for automobiles parking after 4:00 p.m. shall be 52.00. Rates for motorcycles and vehicles over 25 feet parking after 4:00 p.m. shall be half price. 9. Annual parking passes entitling the holder to daily parking in any beach lot, shall be sold to Seal Beach residents for 560 and non -residents for 575 per year. 10. Any disabled person or disabled veteran displaying special identification license plates issued under California Vehicle Code Section 5007 or a distinguishing placard issued under California Vehicle Code Section 22511.55 or 22511.59 shall be allowed to park in the First, Eighth and Tenth Street ocean front Municipal Parking Lots without being required to pay any parking fees. 11. - The City Manager is authorized to charge amounts less than those specified for certain days or certain times of day, if he or she determines that a lower rate is appropriate. 4 Beach rates fluctuate seasonally and may vary with times of the day. In no event shall the rates exceed 56.00 per automobile. D. Citation Sian -off • The following fee is charged for a citation sign -off S 20.00 E. Fingerprints I, 10e following fee is charged for fingerprint cards: Resident . S 10.00 Non - resident S 20.00 F. parking Stickers The following fees are charged for annual parking permits: Resident S 10.00 Guest 5 14.00 Business ......................_ S 40.00 NOTE: Permits are issued each fiscal year (July 1st through June 30th) and are not prorated. . G. Passport Release The following fee is charged for a letter attesting to an individual lack of criminal contact with the Seal Beach Police Department, for the purpose of obtaining a passport 520.00 R. Photoeraphs Ei e following fee is charged for copies of photos of accident scenes: S 25.00 plus al cost for reprints. • .___ .____ • • 07/21/99 Comprehensive Fee Resolution Page 17 L Traffic Collision Reports III The following fee is charged for a copy of all investigative reports performed on traffic collisions: Non - resident 540.00 Resident 510.00 Miscellaneous Police Reports 510.00 3. Vehicle Release The following fee is charged for a signed copy of a vehicle storage release form S 15.00 Z SECTION 5. Public Works Department A. ,Special Trash Removal 1. A fee of S 27.50 is charged for special refuse collection of heavy items including but not limited to refrigerators, televisions, stoves, washing machines and sofas. 2. A fee of S'22.00 is charged for special refuse collection of light items including, but . not limited to: mattresses, bedsprings, bundled tree trimmings and branches in excess of four feet... 3. Special refuse collection items not covered by above categories may be collected at the - discretion of the Director of Public Works on the basis of actual cost of disposal. B. Subdivision Fees 1. Tentative Maps: For tentative subdivision map processing, a 5600 fee plus: . (a) S50 fee for the first Eve parcels, lots or units; plus (b) 520 fee for each additional parcel lot or unit. (c) tf additional parcels, lots or units are added before processing of the map is completed, the fee shall be increased in accordance with said schedule. Should a revised map be substituted for an approved or conditionally approved map, an additional fee equal to V2 of the original fee shall be paid for processing the revised map. (d) For environmental assessment of the tentative subdivision map, see Section 4.B. (e) All above fees must be paid upon submittal of the tentative map. • -- __ _____._... ________ _______________ __ _ ._ __ _ . . _ _. . . ... . _...........___........ •.. _.• ._ _ _ _ .• . ...._ .__ ______ ........ _____________ .. • • 07/21/99 Comprehensive Fee Resolution III Page 18 • (0 In addition to the above, an initial cash deposit with the City estimated by the Director of Planning or City Engineer sufficient to cover the actual cost of any private consulting firm utilized by the City in the technical review of the tentative map submittals, or in the preparation of environmental impact reports may be required following staff review of the subdivision application and required accompanying materials. . • In the event the initial cash deposit is not sufficient, the sub - divider /owner shall pay the difference between the estimated and total actual costs or, if necessary, deposit an . additional amount established by the Planning Director or City Engineer to cover costs for the remaining work. Any excess deposits shall be returned to the sub- divider. • 2. Final Maps (a) Final subdivision map filing S150 fee. (b) In addition to the above, a fee deposited with the Orange County Surveyor's Office in an amount established by that office to cover the costs of the boundary check of the final map. (c) In addition to the above, an initial cash deposit with the City is required for the actual 10 cost of review and plan check of the final map and required accompanying materials by the city, City Attorney, and/or private consulting firm. The initial cash deposit shall be $500 plus $50 per parcel lot or unit. ,s In the event the initial cash deposit is not sufficient, the sub - divider shall pay the difference between the estimated and total actual costs, or, if necessary, deposit an additional amount estimated by the City Engineer to cover costs for the remaining work. All review and plan check fees must be paid prior to the final map receiving final .. approval from the City Council. Any excess deposits shall be returned to the sub-, divider. (d) Prior to the approval of the final map, the sub- divider shall deposit with the City an initial deposit based on the percentage of estimated costs of improvements as determined by the City Engineer. This initial deposit shall cover the actual costs of the construction engineering and inspection by the City or private consultant firms of • all required public improvements and survey monumentation. 1111 _ .._ . _ __._ __. _ . _ . . 07121/99 Comprehensive Fee Resolution Page 19 The schedule of initial deposits for construction engineering and inspection shall be as • - follows: Tstimated Cost jnitial Deposit 51.00425,000 S% of estimated cost S25,000-5100,000 51250 + 4% of estimated cost S100,001-51,000,000 54000 + 3.5% of est. cost 51,000,001 + 535,000 + 2.5% of est. cost In the event the initial cash deposit is not sufficient, the sub-divide/owner shall pay the difference between the estimated and total actual costs, or, if necessary, deposit an additional amount estimated by the City Engineer to cover the costs for remaining work. The initial deposit must be paid prior to the final map receiving final approval from the City Council. The total actual cost must be paid prior to acceptance of the public .improvement and release of subdivision bonds. Any excess deposits shall be returned to the sub - divider. 3. parcel Map Waiver For each parcel map waiver, a 5200 fee plus all required tentative map fees and a 5500 deposit to cover engineering review and map check. The fee includes the issuance of a Certificate of Compliance. In the event, the initial cash deposit is not sufficient; the sub - divider /owner shall pay the total actual costs of review and plan check. . 4. Lot Line Adjustment and Certificate of Compliance :40 a. For each lot line adjustment, a 5100 fee. b. For each Certificate of Compliance, a 5100 fee. - c. Map Checking Fee - An initial cash deposit of 5300 with the City of Seal Beach is required to cover costs of review and map check. In the event, the initial cash deposit is not sufficient; the sub - divider /owner shall pay the total actual costs of review and plan check. d. If the application is disapproved, the decision may be appealed to the City Council within 15 days of the date of mailing a notice of the action taken by the Director of Development Services and City Engineer to the applicant and payment of a fee of 5100.00. .e. For reversion to acreage, all fees and deposits applicable to tentative and final maps. C. } Special Activity Request Application Fees • All Special Activity Request Applications shall be accompanied with the appropriate - Application Fee Deposit set forth immediately below. The application fee shall be the full cost of all- appropriate department review and approval. A reconciliation shall be provided to the applicant with an invoice for additional payment or a refund of excess deposit, and all appropriate funds due City or applicant shall be cleared prior to issuance of the Special Activity Request Permit. 0 • • 0721199 Comprehensive Fee Resolution Page 20 An application fee (deposit) shall be charged for Special Activity Requests per the following schedule: Activity Application Fee 1. Recreation sponsored or co- sponsored activities None • 2. Resident non - fundraising activities of civic or service organizations None - 3. Resident Activities S 25.00 4. Non-resident, non - fundraising activities of civic or service organizations S 75.00 5. Non - resident activities S 60.00 6. Commercial or profit - making activities 5140.00 7. Weddings and Wedding Receptions — Outdoor ceremonies are subject to City -wide Scheduling. * Resident 1- 2 hours * Resident 2 - 4 hours S .00 • Non - resident 1- 2 hours 520500.00 5.00 • Non- resident 2 - 4 hours S3355 8. Activities (2) through (8) above serving alcoholic beverage S40.00additional 9. Banner Placement Activities Actual Costs - S100.00 deposit NOTE: Application fees for certain charitable events, banner placement requests, and others as determined by the Activity Events Coordinator may be waived. D. Erieineerinp and Public Works Fees Blueprinting and Printed Materials: Blue lines 55.00 First sheet Blue lines 52.00 Each additional sheet All other reproduction are actual costs incurred by the City from a Bonded Blue printer plus a 15% administration charge Seal Beach Standard Plans 525.0 Per copy 0 Construction: i Work done without permit: Penalty for failure to obtain permit prior to work started shall be tyble the total permit costs. • • • • 07/21/99 Comprehensive Fee Resolution Page 21 • CLASS — ENCROACHJIIENT PERMITS — Engineering Division . • - - . • : :: Indudes x : -\ _yam•• •;� : Y: ♦ •f � • • Sidevialli, Curb and Gutter, Driveway Approach, Curb .Cores,- Dirt Excavations Parktiay, Minor Street Cuts less than 25 SF, Valuation of all work eot to exceed 55,000 •• as determined by the Engineering Divis oo�'` ': :> :' `:: ::: : y : ::. • •,{ ISSUANCE FEE • 520 Each Permit Application INSPECTION: Charges for permits will be 570.00 570 Minimum plus any minimum charge. Work will be billed on the number of additional costs hours expended or incurred plus the Issuance fee. incurred PERMIT REFUND for work not done 100% Less Issuance Fee CLASS B — ENCROACHMENT PERMITS — Engineering Division : • ;r :.::.: ; .. •• •• -••.. A/ •. •. v: .. -. .'.'.•.. :••• :: :. �:. ..' .. .. •• :i .. :. }." ::• . -. :. yam ` v V •• Includes any non - class - A encroachment, others not listed in another classification plan review• and inspection for traffic plans and reports. '.:'- .:•••••••• :: • :::} : °'.. = ISSUANCE FEE � 520.00 Each Permit Application IIIP INSPECTION: Charges for permits will be 570.00 570 Minimum plus any minimum charge. Work will be billed on the number of additional costs hours expended or incurred plus the Issuance fee. incurred PLAN CHECK Minimum Charge for Plan Check will be 5250 Minimum plus any 5250. Includes 2 hours of plan check. Additional work additional costs will be billed on the number of hours expended or incurred incurred from Contract Plan Checker plus 20% for administration. Additional deposits are required for applicant changes, revisions, or additions to the plans or if more than three plan checks are required. BOND /CASH SECURITY DEPOSIT FOR 100% Construction CONSTRUCTION: 100% of the cost of construction as Costs determined by the Engineering Division PERMIT REFUND for work not done 100% Less Issuance Fee AO _ _ - ------- - • • 07/21/99 Comprehensive Fa Resolution Page 22 CLASS C— WATER SERVICE CONNECTION — Water Division . ..... . : • ISSUANCE FE EE • • S20.00 • Each PermiApplication t • INSPECTION: Charges for permits will be S200.00 52 M i n i m um plus any minimum charge. Work will be .billed on the labor, additional costs materials, equipment expended or used plus the Issuance incurred fee. CLASS D - SEWER SERVICE CONNECTION — Wastewater Division. • - - . - ISSUANCE FEE ' S20.00 Each Permit Application INSPECTION: Charges for permits will be 5200.00 S200 Minimum plus any minimum charge. Work will be billed on the labor, additional costs materials, equipment expended or used plus the Issuance incurred fee. • CLASS E — TRANSPORTATION PERhZTfS — Engineering Division - :..;.,: :. - ;.. - : -• -, -. • - SPORTATION PERMIT FEE S16.00 Each Permit Application CLASS F— STREET OBSTRUCTION/TRASH BIN PERMITS — Engineering Division :-:. .! ISSUANCE FEE 520.00 Each Permit STREET OBSTRUCTION/TRASH BIN plus issuance Application fee P 525 Each • (4110 • • 0741199 Comprehensive Fee Resolution Page 23 • • CLASS G — PUBLIC IRMPROV£MENTS (Tracts and Non Tracts) - - £ngiaetring Dili earon :: :. ISSUANCE FEE • S20.00 Each Permit Application PLAN CHECK: 5% of improvement costs as determined 5% of Improvement by the Engineering Division. Additional deposits are Costs required for any applicant changes, revisions, or additions to the plans or if more than three plan checks are required. Additional work will be billed on the number of hours expended or costs incurred from Contract Plan Checker plus 20% for administration. INSPECTION: 5% of improvement costs as determined S% of Improvement by the Engineering Division Costs plus any additional costs incurred BOND /CASH SECURITY DEPOSIT FOR • 100% Construction CONSTRUCTION: 100% of the cost of construction as Costs determined by the Engineering Division CLASS $ — GRADING —"Engineering Division ISSUANCE FEE • S20.00 Each Permit Application PLAN CHECK: Deposit for Plan Check will be $500. $500 Minimum Deposit Includes 2 hours of plan check. Additional work will be billed on the number of hours expended or costs incurred from Contract Plan Checker plus 20'/o for administration. Additional deposits are required for applicant changes, revisions, or additions to the plans or if more than three plan checks are required. INSPECTION: Charges for permits will be S140.00 $ 140 Minimum plus any minimum charge. Work will be billed on the number of additional costs hours expended or incurred plus the Issuance fee. incurred _ _ . - - •• ----------- • - . • 07/21/99 Comprehensive Fee Resolution Page 24 . . (4 11kLA - SS I — FIRE FLOW TEST- Water Division : • - • • . -.- ISSUANCE FEE S20.00 Each Permit Application INSPECTION: Charges for permits will be $175.00 S175 Minimum plus any minimum charge. Work will be ,billed on the labor, additional costs materials, equipment expended or used plus the Issuance incurred. fee. CLASS I— HYDRANT WATER iIETER —.Water Division 4 • • ": • ••••••. ISSUANCE FEE S20.00 Each Permit Application DEPOSIT: Water shall be billed against deposit. 2) if $600 Minimum deposit cash balance drops below $500, and additional deposit will be required. MINIMUM CHARGE: to cover the labor, materials, S125 Minimum charge equipment expended or used per move or location plus per location or the Issuance fee. move - LASS K — EMERGENCY OR NON WORKING HOUR CALL OUTS — Public Works ' Partrn eni —.all divisions. -1 ••••• - .. •-• • • ISSUANCE FEE S20.00 Each Permit Application CALLOUT FEE: Labor, Materials, and Equipment at Actual Time and one and one half' the rate plus 15% administration. Costs Materials Mini muni 2 hours Labor. CLASS L TREES --Landstape • . . *** ** • *SeeCi of Sell Beach Street Polley foi guideline • TREE FEE FOR NON-CRITERIA REMOVAL AND Actual Time and - REPLACEMENT: Labor, Materials, and Equipment Materials plus 15% administration to remove and replace trees that do not meet removal criteria in the Street Tree Policy. Minimum 2 hours Labor. UPGRADE TREE FEE: Material difference between Material Difference desired size and cost of a 15 gallon tree. 07/21/99 0 Colteheasive Fee Resolution Page 25 IP SECTION 6. Recreation Department A. Community Center Facilities I. Classification and Fees: a. Resident groups shall be those having at least sixty (60 %) percent of their active membership residing within the City of Seal Beach. Resident groups have preference over non - resident groups. b. Madly Itti Large Room Small Room 1. Recreation sponsored or co- sponsored activities/meeting None None 2. Resident non - fundraising meetings • of civic or service organizations None None._ 3. Resident Activities/Special Event of a Civic Service Organization 525.00 518.00 a. Cleaning fee 5120 530.00 4. Resident fundraising activities of civic or service organizations 515.00/hour S8.00/hour a. Cleaning fee 5120 5. Non - resident, non - fundraising activities of civic; or service organizations 535.00 520.00 • a. - Cleaning fee ‘ 5120 530.00 6. Non - resident fundraising activities of civic or service organization 535.00/hour S20.00/hour a. Cleaning fee S120 S30.00 7. Non - resident activities S40.00/hour 520.00/hour a. Cleaning fee 5120 530.00 8. Commercial or profit - making activities 590.00/hour S25.00/hour a. Cleaning fee S120 9. Weddings and Wedding Receptions Resident 5500 /six (6) hours a. Cleaning fee S120 10. Weddings and Wedding Receptions - Non - Resident S600/six (6) hours a. Cleaning fee 5120 11. Activities (2) through (8) above serving alcoholic beverages • --- 525.00/hour additional • • Oil . ________ ____ .. . . ____ _._._ __ _ ______ .. . _____________ _ ...__ . . .._ ... __. .._ __ ......... _ .... _ . • • 1 Comprehensive Fee Resolution Pape 26 B. Senior Center Rental Fees 1. To qualify for use of the Senior Center facility on a regular reservation basis, a group must have sixty (60'/0) percent of its membership age 55 years or older. 2. Classifications and Fees: a. Resident groups shall be those having at least sixty (60%) of their active membership residing within the City of Seal Beach. Resident groups have preference over non - resident groups. b. Requests for waiver of fees by a group will require City Council approval. c., Priority _ 1. Recreation sponsored or co- sponsored . activities/meeting. None 2. Resident non - fundraising activities of civic or service organizations None 3. Resident fundraising activities of civic or service organizations S15.00/hour Cleaning fee • 5120 4.::.,,, Non - resident non - fundraising activities III ..... ................ of civic or service organizations Cleaning fee 530.00/hour 5. Non- resident fundraising activities of 5120 civic or service organizations S40.00/hour Cleaning fee 5120.00 6. Activities (2) through (5) above serving alcoholic beverages S25.00/hour additional .,, Cleaning fee 5120.00 C. Swimming Pool Fees 1. Community Swimming Pool/Classification and Fees: a. Resident groups shall be those having at least sixty (60 %) percent of their active membership residing within the City of Seal Beach. Resident groups . have Preference over non - resident groups. b. Recreation Swimming Children7 years of age and under $1.00 per session Adults 18 years of age and over 51.50 per session Family Swim: .Regular fees for recreation swimming with a maximum (00 c. Adult Swimming: S 3.00 per family Admission by swim pass 51 .50 per swim • 07/21/99 • 1 Comprehensive Fee Resolution Page 27 d Swimming Instruction: • • (1) Instruction fees for residents 528.00 (2) Instruction fees for non - residents 540 (3) Competitive Swimming Instruction: For qualified members of the Seal Beach Swim Team, the fee of $ 1.00 per day shall entitle members to participate in the scheduled competitive workouts. • 2. Rental to Groups a. One lifeguard required for groups of 30 resident participants or less, with minimum of ewe hours. - 5100.00 Non - resident rental is 5130 for 30 or less participants. b. Groups of 30 to 60 resident participants, with minimum two hours - 5100.00, and an additional $ 20.00 per hour for each increment of participants, over 60 participants. Non - resident rental is $160.00 for 30 to 60 participants plus 520 per hour for each increment of participants over 60. The pool is available for two hours, supervised pool parties. The rates are: Resident rental — 30 or less 5100.00 Resident rental — 30 to 60 participants $120.00 plus 550 cleaning deposit Resident over 60 participants 5140.00 plus 5100 cleaning deposit Non resident rental — 30 or less 5130.00 Non resident rental — 30 to 60 participants....S150.00 plus $50.00 cleaning deposit Non residenf rental — over 60 participants $170.00 plus 5100.00 cleaning deposit. 3. Use of the Swimmin .P g ool by Commercial Users: Should the pool become available for rental by commercial users providing instruction in SCUBA diving or similar instruction the City shall receive an amount equal to • twenty percent (20 %) of the gross receipts of said user, providing that in no case shall the fee be less than forty -five dollars ($45.00) per hour with a minimum of ninety dollars ($90.00). D. Recreation Program Fees The Parks, Recreation & Community Service Director shall establish fees for the various recreation programs. These fees shall be based on type of program, number of participants ',and instructors, officials, etc., required. When calculating fees, an additional 19.4% of the fee _shall be added for administrative costs. E. Fees for Use of Municipal Athletic Facilities .x The following rates shall be in effect for all reservations made through the Parks, Recreation & Community Service Department Office. Resident groups may reserve up 60% Seal Beach residents or Los Alamitos School District students. Youth groups are defined as persons age 16 and under. . . . _ _ .z__ _ . _ - __________ ____________. ___________ . . • • 41107/21/99 9 Comprehensive Fee Resolution Page 28 1. All community parks: Youth groups (resident) No Charge Youth groups (non - resident) S10.00/hour Adult groups (resident) S15.00/hour Adult groups (non - resident) S25.00/hour Business Use , S50.00/hour 2. Bluebell lights and field: Youth groups (resident) 510.00/hour Youth groups (non- resident) $15.00/hour Adult groups (resident) S20.00/hour Adult groups (non - resident) S30.00/hour Business Use , S55.00/hour 3. Edison softball diamond (no lights): Youth groups (resident) No Charge Youth groups (non - resident) S 10.00/hour Adult groups (resident) S15.00/hour • Adult groups'(non- resident) S20.00/hour [ Business Use $50.00/hour 4. Zoeter softball diamond (no lights): Youth groups (resident) No Charge Youth groups (non- resident) S10.00/hour Adult groups (resident) S20.00/hour Adult groups (non - resident) S30.00/hour Business Use , SSO.00/hour • S. Zoeter softball diamond (with lights): Youth Groups (resident) S20.00/hour Youth Groups (non - resident) $25.00/hour Adult Groups (resident) S40.00/hour Adult Groups (non - resident) $50.00/hour Business Use . $60.00/hour 6. Maintenance of Edison, College Park or Zoeter ball diamond $25.00 /field/day 7. Rental ofBases Deposit S 125.0 + S25.00 /day • ® • 07/21/99 ' Comprehensive Fee Resolution Page 29 8 • . Gymnasium (minimum of 2 consecutive hours): Youth Groups (resident) with non - profit status $15.00 SWAG/hour w Youth Groups (non- resident) /non -profit or resident private use 525.00 $20 90/hour Adult Groups (resident) 530.00 5237O9/hour Adult Groups (non - resident) S45.00 540,00/hour Business Use (for profit) 555.00 SWAG/hour Additional hours: • Youth S10/hour Adult S20/hour Business S30/hour 9. Heather and Marina Tennis Courts: Youth Groups (resident) S 15/hour Youth Groups (non - resident) S20/hour Adult Groups (resident) 530/hour Adult Groups (non - resident) 535/hour Business Use Not Permitted , 10. Zoeter Skate Park: 'Resident fees per session 52.00 Non resident'fees per session 55.00 • Party packages: 2 (two) hours in length: Resident fees —15 or less 5125.00 Resident fees —15 + participants 5150.00 Non resident fees —15 or less 5150.00 Non resident fees —15 + participants 5200.00 FILMING FEES AND CHARGES Commercial Still Photography: Annual permit application fee 535.00 Business license 5153.00 Location fee — General S100.00 per day :Motion (Includes Video): i. Annual permit application fee 5125.00 • Business License 5153.00 Location Fee — General 5400.00 /day } City Property Use Fee: i (Addition to Location Fee - General) Pier and Park Area 5250.00 /day Lifeguard Station (Interior) 5200.00 /day City hall 5200 /day III - - - . ..._.... ...._ . _ .... .• _.• ______ ...our... .,.., ......... ■ ........% • .. ..... • ... . . • 1199 � Comprehensive Fee Resolution Page 30 CITY PERSONNEL TIME Reimbursed at time and half CITY EQUIPMENT AND VEHICLE USAGE Market Rental Rates PARKING LOT USAGE 1 -5 Spaces S 20.00/Day 6 -10 Spaces S 40.00/Day 11 -20 Spaces S 80.00/Day 21 -30 Spaces S 120.00/Day 31 -40 Spaces S 160.00/Day 41 -50 Spaces S 200.00/Day , 51 -60 Spaces S 240.00/Day 61 -75 Spaces S 300.00/Day 76 - 100.,,, Spaces S 400.00/Day 100 - 125,,., Spaces S 500.00/Day • 126 - 150,,,, Spaces S 600.00/Day 151 -175 ...Spaces S 700.00/Day 176 200 ...Spaces S 800.00/Day 201 -225 ...Spaces S 900.00/Day 226 250 ,,.Spaces $ 1000.00/Day SECTION 7. Unspecified Fees Whenever fees are to be charged for services provided by the City and no method for the calculation is specified through this Resolution, other City Council resolutions, the Code of the City of Seal Bost or other state or federal rulings, shall be the actual cost, including the proportionate part of the salaries, wages or other compensation of any deputy or employee, material and equipment costs and the cost of overhead, 15% percent of the total. SECTION 8. Each and every provision of Resolution Numbers 4192, 4234, 4250, 4442, 4494, 4499, 4519, 4545, 4550, AND 4650 of the City Council of the City of Seal Beach that establishes a rate or amount for a fee or charge which differs from the rate or amount for that fee or charge as stated in this Resolution is hereby superseded. The restatement is this Resolution of existing rates and amounts for previously imposed taxes, fees and charges is for the purpose of administrative convenience and is not intended, and shall not be construed, as the imposition, extension, or increase of any such tax, fee or charge. 07/21/99 • Colreheasive Fee Resolution Page 31 SECTION 9. Effective Date 410 This Resolution shall be effective upon adoption except for any agreements, P ep y gr s, contracts, plans and specifications submitted to the City prior to the date of adoption. • PASSED APPROVED AND ADOPTED by the City il of the ity of Seal Beach, California, at a meeting thereof held on the age VI' day of 1999 by the following vote: • AYES: Council Memb = �. Au/L1,, Q/ NOES: Council Members Mayor ATTEST: City Clerk - • STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF SEAL BEACH ) 1, Joanne M. Yeo, City Clerk of the City of Seal Beach, do h reby certify that the foregoing Resolution is an original copy of Resolution Number California, f /el on file in the office of the City Clerk, passed, approved an opted by th 46 Council of the City of Seal Beach at a regular me thereof held on the day of . i „ 1999. 37(--X0 • lr C' ' lerk _ . . - - - - . . •...__•._ _ . . . . _ . . . _.. • • • Bixby Old Ranch Towne Center Development Agneenient Ci y ((Seal Beach i Argue 23, 1999 EXHIBIT "Q" • FORM OF DRAINAGE EASEMENT I . • • 4 • Bixby as Raod6 Development Agreement 2.doc 82 0 • Bixby Old Ranch Tame Center Development Agreement Ciry ofSeal Beach Argue 23. 1999 _ RECORDING REQUESTED BY AND WHEN RECORDED MAIL, TO: City of Seal Beach Attention: City Manager 211 8th Street • Seal Beach, California 90740 - EXEMPT from recording fee pursuant SPACE ABOVE mis LINE FOR RECORDERS USE To Gove Code Section 6103 FIRST AMENDMENT TO EASEMENT DEED THIS FIRST AMENDMENT TO EASEMENT DEED (the `First Amendment') is made and entered into as of , 1998, by BIXBY RANCH COMPANY, a Cal alifornia corporation ('Grantor'), in favor of the CITY OF SEAL BEACH, a • municipal corporation (`City' of 'Grantee). • 411 Recitals: A. Fred H. Bixby Ranch Company is the Grantor, and the City s the Grantee, under that certain Easement Deed (the `Easement Deed" dated March 27, 1967 and recorded on April 7, 1967, as Instrument No. 3790 in Book 8219, pages 92 -926 of the Official Records of the County of Orange, California The terms of such Easement Deed are incorporated by reference herein. B. Grantor is the successor in interest to the Fred H. Baby Ranch Company as the owner of the property described in Exhibit A to the Easement Deed. C. Grantor and Grantee desire to amend the Easement Deed in certain respects. NOW, THEREFORE, the parties hereto agree as follows: • 1. Effective as of the recordation of this First Amendment, paragraph 1 of the Easement Deed is hereby amended to read as follows: 1. The Grantor, its successors and assigns, shall at all times preserve and maintain the required volumes of storage and hydraulic characteristics as indicated below (Insert new table here] All Bixby Ord Ranch Development Agreement 2.doe 83 • • • Wisely Old Ranch Towne Cower Development Agsee neat Ciry ofSeal Beach ; Argrst 23, 1999 • It is understood that Grantor shall have no obligation, express or implied to maintain any specific structures on the property for channeling or directing the . flow of water so received, or for impounding the water to be stored.' 2 The Easement Deed, • as amended herein, represents the entire agreement of the parties hereto with respect to the subject matter hereof, and it supercedes all prior and contemporaneous agreements, representations and understandings of the parties with respect to the subject matter hereof. No supplement, modification or amendment hereto or to the Easement Deed shall be binding unless executed in writing by all of the parties hereto. This First Amendment shall bind and Inure to the benefit of the parties and their respective heirs, successors and assigns. Except as herein amended, the Easement Deed shall remain as originally written. IN WITNESS WHEREOF, the parties have entered into this First Amendment to Easement Deed as of the day and year first written above. CITY OF SEAL BEACH • B Mayor ATTEST: By: City Clerk • APPROVED AS TO FORM: Richards, Watson & Gershon, a professional corporation By: City Attorney • • (Signatures continue) • • (411) - ; Bixby ad Ranch Development AQeemeot 2.doe 54 0 II , Bixby Old Ranch Towne Center Developnent Agreement Ciy of Seal Beach August 23. 1999 • • BIXBY RANCH COMPANY A California limited partnership By Bixby Management Corporation, a Delaware Corporation, its General Partner By Its: 3 By Its: CRY OF ) • STATE OF CALIFORNIA ) SS • COUNTY OF ) On before me, personally appeared personally known tome (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capadty(ies), and that by his/her/their signatwe9s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, Signature (This area for official notarial seal) � Bixby ad Ranch Development Agreeawot 2.doc $5 airatEr." _ amocio loft Aim ball=1=1W I : 1 i ° i -.... • •• &e.._... •• tam sp. .i I�1 O W • 4 1 S 44\ . . • \. t % I . V ocill fx m . . ••• ci Li z� ;i Mom a Ir.. a g , re !I .... ,,, oX.ps wr� Ms i r ' � -` /` AO i N • •• w ON. .•. 11••••■•• •• • 0 • Bit* Old Ranch Towne Center Development Agreement Ciry ((Seal Beach Arput 23, 1999 • • * EXHIBIT "Q" LEGAL DESCRIPTION - Drainaee Easement - Leea1 Description: :0 #! Those portions of the South Half of Section 32 and the East Half of Section 31, both in ' Township 4 South, Range 11 West, in the Rancho Los Alamitos, City of Seal Beach, County of Orange, State of California, as per map filed in Decree of Partition in the Superior Court of Los Angeles County, State of California, Case No. 13527, a certified copy of thie Final Decree of said case having been recorded February 2, 1891, in book 14 page 31 of Deeds of said Orange County, described as follows: Beginning at a point in the Northwesterly line of Lampson Avenue, 80.00 feet wide, as shown on a map of Tract 5961 recorded in book 217 pages 41 to 44, inclusive, of Miscellaneous Maps in the office of the County Recorder of said Orange County, distant thereon N 54 °56'24" E a distance of 831.46 feet from the Southwesterly extremity of that course shown as "N 54 ° S6'39" E 1508.98 feet" in the Northwesterly line of said Lampson Avenue; Thence S '54 °56'24" W a distance of 20.00 feet along said - Northwesterly line; Thence N 35 °03'36" W a distance of 61.90 feet; Thence N 78°00'15" W a distance of 109.83 feet; Thence Northwesterly, Westerly and Southwesterly along a III • tangent curve concave Southeasterly with a radius of 182.00 feet a distance of 268.68 feet; Thence S 17 °24'45" W a distance of 230.88 feet; Thence S 35 °03'36" E a distance of 22.02 feet to said Northwesterly line; Thence S 54 °56'24" W a distance of 20.00 feet along said Northwesterly line; Thence N 3S ° 03'36" W a distance of 8.00 feet; Thence S 56 °35'21" W a distance of 347.30 feet; Thence S 68 °43'27" W a distance of 140.58 feet; Thence N 84 °11'39" W a distance of 286.47 feet; Thence S 74 °08'34" W a distance of 596.70 feet; Thence S S1 °05'SS" W a distance of 226.14 feet; Thence S 55 °52'06" E a distance of 213.84 feet; Thence S 40 °38'09" E a distance of 204.24 feet; Thence N 82 °41'24" E a distance of 157.28 feet Thence S 34 °31'49" E a distance of 149.70 feet; Thence S 51°03'36" E a distance of 28.00 feet to said Northwesterly line; Thence S 38 °56'24" W a distance of 20.00 feet along said Northwesterly line; Thence N 51°03'36" W a distance of 25.00 feet Thence S 61°42'15" W a distance of 116.53 feet; Thence N 63 °46'20" W a distance of 153.84 feet; Thence N 40 °09'04" W a distance of 300.89 feet; Thence N 56 °50'09" W a distance of 182.78 feet; Thence N 85 °27'47" W a distance of 277.87 feet; Thence S 49 °32'01" W a distance of 89.38 feet; Thence S 51 °52'04" E a distance of 153.84 feet; Thence S 33 °47'07" W a distance of 160.03 feet; Thence S 03 °43'38" W a distance of 138.29 feet; Thence S 46 ° 38'27" E a distance of 99.04 feet; Thence N 65 °18'01" E a distance of 150.79 feet; Thence N 09 ° 39'52" E a distance of 136.95 feet; Thence N 53 °01'39" E a distance of 232.80 feet; Thence S 44 °43'09" E a . distance of 142.13 feet; Thence S 38°54'16" W a distance of 179.91 feet; Thence S 64 °47'41" W a distance of 356.98 feet; Thence S 20 W a distance of 345.78 feet to the Northerly line of said Lampson Avenue; Thence N 89 W a distance of 414 440.00 feet along said Northerly line; Thence Westerly and Northwesterly along a Bixby ors Rand Development Agreement I.doe 86 . El . • Bixby Old Ranch Towne CenterDevelopwenuAgr�canent Ciy af Bea (4110 Angus 23. 1999 tangent curve concave Northeasterly with a radius of 760.00 feet a distance of 837 :68 feet; Thence N 26 °39' 11" W a distance of 389.91 feet; Thence Northwesterly along a tangent curve concave Southwesterly with a radius of 840.00 feet a distance of 107.64 feet; Thence N 33 °12'22" E a distance of 137.91 feet; Thence N 12 °46'32" W a distance of 76.90 feet; Thence S 88°26'O1" W a distance of 110.04 feet; Thence N 12 °04'25" W a distance of 473.47 feet; Thence N 38 °09'11" E a distance of 106.48 feet; Thence N 01 °12'53" E a distance of 141.03 feet; Thence N 52 °40'53" E a distance of 111.30 feet; Thence S 90 °00'00" E a distance of 666.82 feet; Thence N 00 °00'00" E a distance of 739.36 feet; Thence S 90 °00'00" E a distance of 393.24 feet; Thence S 00 °00'00" W a distance of 232.80 feet; Thence S 90 °00'00" E a distance of 1949.50 feet; Thence S 00 °00'00" W a distance of 269.96 feet; Thence S 31 °48'29" W a distance of 925.94 feet; Thence S 88°23'53" E a distance of 107.04 feet; Thence S 72 °10'09" E a distance of 120.81 feet; Thence N 72 °51'20" E a distance of 111.97 feet; Thence N 60 °12'04" E a distance of 285.78 feet; Thence N 39 °31'30" E a distance of 98.09 feet; Thence N 17 °24'45" E a distance of 225.00; Thence Northeasterly, Easterly and Southeasterly along a tangent curve concave Southeasterly with a radius of 235.00 feet a distance of 346.92 feet; Thence S 78°00'15" E a distance of 160.00 feet; Thence N 54 °36'51" E a distance of 356.47 feet; ,Thence N 76 °19'58" E a distance of 118.74 feet; Thence S 35 °03'36" E a distance of 20.00 feet to said Northwesterly line; Thence S 54 °56'24" W a distance of 20.00 feet along said Northwesterly line; Thence S 77 °34'25" W a distance of 75.25 feet; Thence S 53°29'03" W a distance of 430.70 feet; Thence S 35 °03'36" E a . distance of 18.00.feet to the point of beginning. The above describes an area of 110.69 acres, more or less. ** ** s r (41). . • - Bixby Old Ranch Development Agreement 2.doc 117 - 0 0 . Bisby Old Ranch Towne Center Development Agreement • City e(Seal Beach Argue: 23. 1999 • • • EXIIIBIT "R" ARCHITECTURAL THEME I • • • • • Bixby ad Ranch Development Agreement 2.doo 88 • L T I I ? T arm' i . i. �: . .a. T ii!, � � g , . Ili ; • 0 1 I 4 1 i 1 1 I [ i Eili ,.'4 ft �E I . 4 1 a . . 4 a:' I - si ire r _ a a V tt, I'D pl. - i i I . kV," . ...._ 100 , i Ii `!i s ++i 1 j /1 I 1 i I� 1 , i t... _ f lg : 6111 I : • Ce v I . 4 ...if, , '! I' I , . 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Ull @ _ :-............. _......._:__-.. -._ .... --,.-____ - es NM: r.r. tormi Aims M lull , P ....„ ,. ___ .... ,..... _. .--.____ .............., C: ... • »--- .....�..� slaw* an pm. .....1.... • »... - s 4 • 13 . • S . W ..�faw+.. . . � . . 11111■ .. mi‘so s. , OZ 1 I k il l i Vik 9 el fl I ---,1 \ .2irdillile L 11 . :. 411 se _ I I i ,o - 1 i' Phi Ina f Ds b iii I I,. g. p, 11 . VII 0 I 41.1 1 1 : 1 1jiM :Il . _ i f ttctul jilil �r;f � j •••. M i t I i P i . .... . ...... I II fe P I '001 ik . A•e• 4%. w a 11? irpi pta #1.40,4 aka. lid hi 14 :thE iglu lit 4... it • .IP .....r - - - -- O - - LIS 3dtl3S0 NV1 • • Bixby Old Ranch Towne Center Development Agreement Ciry a!Seal Beach August 23, 1999 EXHIBIT "S" LEGAL DESCRIPTION • Landscaping Greenbelt - Legal Description: Area A: • [TO BE PROVIDED AT TIME OF SUBDIVISION MAP APPROVAL] rea • [TO BE PROVIDED AT TIME OF SUBDIVISION MAP APPROVAL] Area D. ( 10 [ TO BE PROVIDED AT TIME OF SUBDIVISION MAP APPROVAL] ** * • Bixby as Raub Development Agreement Lame 90 • • Bixby Old Ranch Towne Center Development Agreement Ciry of Seal Beach Argtctt 23, 1999 EXHIBIT "T" • FORM OF QUITCLAIM DEED (AFRC PROPERTY) . • • • Bixby as Ran& Development Agreement 2.doe 91 i • Bixby Old Rand, Towne Center Development Agreement Cip c(Seal Bead, Augur 23, 1999 0 . RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Seal Beach Attention: City Manager FREE RECORDING 211 8th Street GOVERNMENT CODE Seal Beach, California 90740 SECTION 6103 DOCUMENTARY TRANSFER TAX $ SPACE ABOVE THIS LINE FOR RECORDERS USE ... Computed the consideration or va ae of property °arrayed; OR ... Commuted on the consideration or vain leas liens on encumbrances remaining at time of sale Signature of Declarant or Agent determining tax — Fwm Name CORPORATION QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, a corporation organized under the laws of the State of , does hereby II REMISE, RELEASE AND QUITCLAIM b , the real r in the �Y of - , County of Orange, State of California, described as: (Insert Legal Description) Dated By: President i By: Secretary CITY OF ) STATE OF CALIFORNIA ) SS COUNTY OF ) 410 Bixby Old Ranch Development Agreement 2.doe 92 • Bixby 01d Ranch Towne Development Agreement Ciy of Seal Beach Angus 23 1999 On before me, • personally appeared Personally known b me (or proved to me on the basis of satisfactory evidenoe) b be the person(s) whose name(s) is/are subscribed b the within instrument and acknowledged b me that he/she/they executed the same in his/her/their authorized capacity(ies), and That by his/her/their signature9s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the nstnxnenL WITNESS my hand and official seal, - 1 I • Signature ( (iris area for official notarial seal) • _ . -III • • • .. • • Bixby • ad Ranch Devdopenent Agreement 2.doc 93 0 • Bixby Old Ranch Towne Canter Development Agreement Ciy ofSeol Beach August 23 1999 EXHIBIT "U" , 4 OPERATING MEMORANDUM NUMBER ONE, DATED DECEMBER 15, 1998 4 • lb Bixby as Ranch Development Agreement 2.doe 94 OPERAAG MEMORANDUM NUMBER:NE DATED DECEMBER 15, 1998 RECITALS 110 1. On November 23, 1998, the City Council of the City of Seal Beach adopted an ordinance authorizing the execution of that certain agreement entitled "Development Agreement and Amendment to Memorandum of Understanding Dated July 14, 1997" _, (hereinafter "Development Agreement "). 2. The parties to the Development Agreement are the City of Seal Beach ("City ") and the Bixby Ranch Company ( "Owner "). 3. Section 4.9 of the Development Agreement provides that the City and Owner may, from time to time, agree that refinements and clarifications are appropriate with respect to the details of performance of the City and Owner. Where the City and Owner agree that such clarifications are necessary or appropriate, the City and Owner shall effectuate such clarifications through an operating memoranda approved by the City and Owner. 4. The parties hereto agree that the following refinements and clarifications are appropriate. • II. AGREEMENT.. Based upon the foregoing recitals, and for good consideration, City and • Owner hereby agree that the following refinements and clarifications shall be made to that • certain Development Agreement. 1. Section 1.3.15 defines Old Ranch Tennis Club as that parcel of land described in Exhibit B attached to the Development Agreement and all structures permanently affixed thereto. Pursuant to Section 3.2.5.1 of the Development Agreement, Bixby has agreed to dedicate to the City the property described in Exhibit B attached thereto. Bixby further agrees herein to offer to the City, free of charge, any personal property located on such property owned by Bixby. The parties hereby agree that upon the City accepting the offer of dedication, Bixby will permit the City to enter the property and perform an inventory of all personal property that it desires to obtain from Bixby. The list of personal property that Bixby will be transferring to the City shall be attached hereto as Exhibit A 2. Exhibit I of the Development Agreement is a listing of the Mitigation Measures adopted by the City Council in connection with its certification of the Environmental Impact Report. Exhibit I contains one or more references to Development Area E, which is referred to as the Old Ranch Tennis Club site in the Development . Agreement. A ik - C:1My Doannents\Biaby Towne Center E!Rloperatin` Memoranda No. I.doe1LW10I.2I.99 • • Operating Memoranda Number 1 Ciy gfSeal Beach and Bixby Ranch Company December J5. 1998 (411) 3. The descriptions of Area B set forth in Sections 1.3.19.4 and 3.1.1.4 includes a sign not to exceed a maximum height of 50 feet. It is and was the understanding of the parties hereto that 50 feet is the maximum height of such sign and that the City has the discretion to limit the height of the sign to a lesser height. On December 9, 1998, the Planning Commission approved a sign not to exceed 42 feet in overall height. Moreover, the Commission's action includes a condition that the highest tenant lettering shall be no higher than 38 feet in height. 4. Section 3.2.5.2 relating to the Community Police Center is hereby refined and clarified as follows: Owner agrees to construct the facility and offer to dedicate such facility, and the real property beneath it, to the City. Owner shall construct building shell improvements for such facility prior to the issuance of any occupancy permits for the housing development contemplated for Area D. Owner shall provide to City an additional tenant improvement allowance of $30,000, so that the total amount of allowance given by Owner to the City for tenant improvements, furnishings, and fixtures for the community police/public use center shall be $50,000. Upon City acceptance of such dedication, the City shall own the facility and shall be responsible for all maintenance of such land and improvements and for all utility use. This offer of dedication shall become effective on the Effective Date and shall remain in effect for the Term of this Agreement. 5. Section 3.2.5.1 of the Development Agreement requires the Owner to offer to dedicate the property upon which the Old Ranch Tennis Club is located. Concurrently with the transfer of the site from Owner to City, Owner shall transfer to City any and all its property rights and interests in and to any contract, license, lease or other instrument with any lessee, licensee, tenant or contractor occupying or leasing the site. 6. In addition to the dedications and conditions of development agreed to by Owner set forth in the Development Agreement, Owner shall: a. at its own cost and expense install decorative pedestrian crossing pavement treatment at the intersections of Seal Beach Boulevard and Lampson Avenue and Seal Beach Boulevard and Rossmoor Center Drive. Owner shall apply for and receive City approval of the designs for such decorative pedestrian crossing pavement treatment prior to construction; b. co- sponsor with the City a Junior Golf Program for the thirty year period after the Effective Date of the Development Agreement or for so long as the City determines there is sufficient interest and participation in the program. Owner shall contribute 85,000 in start-up funds; provide access privileges to the Bixby Old Ranch Golf Course to all participants in the Program; and provide discounts on the customary fee for use of the driving range to all participants in the Program. The Junior Golf Program shall be developed by the City Recreation Department and Owner; and Operating Memoranda Ala 1 2 • • • Operating Memoranda Number l Ci y ((Seal Beach and Bixby Ranch Company December 15. 1908 C. at its own cost and expense purchase and dedicate to the City a speed monitoring radar device. Owner shall seek and obtain City approval of the type of device prior to purchase. 7. The monument signs required by Section 3.2.5.4 shall be completed to satisfaction of the City prior to the issuance of certificates of occupancy for any structure located in Area B. • 8. Section 3.2.5.7 of the Development Agreement requires the Owner to install, construct, relocate, restripe, enhance, improve, repair and pay for a number of improvements to enhance Lampson Avenue. Likewise, Section 3.2.5.9 of the Development Agreement requires Owner to construct a portion of the City's Long Range Storm Drain Improvement. Owner shall complete all such required enhancements and pay to City all monetaty amounts required by Section 3.2.5.7, complete the construction required by Section 3.2.5.9, and install the decorative pedestrian pavement treatment required in Section 6a. of this Memoranda, prior to the reopening of the golf course located in Area C. 9. Plans for the water retention basin referenced in section 3.2.5.8 shall be submitted to The City for its review and approval prior to the issuance of any grading permits for the property containing the reconfigured golf course (Area C). Such basin shall be completed and operating prior to the reopening of the golf course. • 10. The location of the water well site referenced in Section 3.2.5.10 shall be determined at a later date. 11. Upon execution of this Operating Memorandum Number One, the City Clerk is hereby directed to attach such Memorandum as an addendum to the Development Agreement. IN WITNESS WHEREOF, the parties have each executed this Agreement on the date first above written. CITY OF SEAL BEACH a By. /4-Aecoe City Manager Th ATTEST i By: _ _ _ OP • ty Jerk [Signa res Continue] Operating Memoranda No. 1 3 • • • • • Operating Memorrarda Number 1 / • Ct of Seal Beach and Bixby Ranch Company December 15. 1998 BIXBY RANCH COMPANY, a California limited partnership By: Bixby Management Corporation, a Delaware Corporation, its General Partner • Z•;& By: Its: Senior Vice 'resident By: • � A / i _ Ili Its: Senior Vice President 411 Operating Memoranda No. 1 4 E A 1 Bixby Old Ranch Towniliter Development Agreement O F1 City ofSeal Beach e � 1 0�� November 23, 1998 6\ge TABLE OF CONTENTS 1. RECITALS OF PREMISES, PURPOSE AND INTENT; DEFINITIONS 1 1.1 Code Authorization 1 1.2 Statement of Benefits 2 1.3 Definitions 3 2. THE DEVELOPMENT AGREEMENT PROCESS 6 2.1 Public Hearings 6 2.2 City Council Findings 7 2.3 The Project 7 2.4 Project Approvals 7 2.5 Justifiable Reliance 8 2.6 Project is Private Undertaking 8 2.7 July 14, 1997 Memorandum of Understanding 8 2.8 Term 9 3. DEVELOPMENT OF PROPERTY 9 3.1 Land Use Approvals and Covenants 9 3.1.1 Land Use, Densities and Intensities 10 3.1.2 Vesting of Rights 11 3.1.3 Subsequent Discretionary Approvals: Site Development Plan Review 13 3.1.4 Assignment by Owner 15 3.2 Public Improvements 15 3.2.1 Installation Obligations 16 3.2.2 City - Provided Utilities: Reservation of Sufficient Capacity 16 3.2.3 City- Provided Utilities: Nondiscriminatory Rates and Provision of Service 16 3.2.4 EIR Mitigation Measures 16 3.2.5 Dedications and Reservations 16 3.2.6 Improvement Security/Insurance 22 3.2.7 Further Land Use Actions 22 3.3 Development Impact Fees 23 3.3.1 Applicable Fees and Assessments 23 3.3.2 Fee Credits 23 3.3.3 Business License Fees 24 3.4 Mortgagee Protection 24 Bixby Old Ranch Development Ageement 1 • Bixby Old Ranch TmvneZ"enter Development Agreement City of Seal Beach November 23, 1998 4. GENERAL PROVISIONS 25 4.1 Approved Procedure; Recordation 25 4.2 Cooperation and Implementation 25 4.3 Enforceability 27 4.3.1 Default 27 4.3.2 Procedure Regarding Defaults 27 4.3.3 Annual Review 28 4.3.4 Institution of Legal Action 29 4.3.5 Remedies 30 4.4 Notices _ 31 4.5 Termination 32 4.6 No Third Party Beneficiaries 33 4.7 Time of Essence - 33 4.8 Modification, Amendment or Extension 33 4.9 Operating Memoranda 33 4.10 Conflicts of Law 34 4.10.1 Conflict with State or Federal Laws 34 4.10.2 Cooperation in Securing Permits 34 4.11 Waiver 34 4.12 Successors and Assigns 34 4.13 Governing State Law 34 4.14 Constructive Notice and Acceptance 34 4.15 Statement of Compliance 35 4.16 Covenant of Good Faith and Fair Dealing 35 4.17 Covenant of Cooperation 35 4.18 Further Actions and Instruments 35 4.19 Section Headings 36 4.20 Enforced Delay (Force Majeure) 36 4.21 Emergency Circumstances 36 4.22 Severability 37 4.23 Interpretation 37 4.24 Counterparts 37 • 4.25 Entire Agreement 37 ** ** Bixby Old Ranch Development Agreement 11 • Bixby Old Ranch Towne ter Development Agreement Ciry ofSeal Beach November 23, 1998 EXHIBITS Exhibit "A ": Anticipated Golf Course Configuration Exhibit "B": Old Ranch Tennis Club legal description Exhibit "C ": Property legal description [all property to be developed] Exhibit "D ": Area D [Residential Development and Park Facility] Exhibit "E ": Area A [25 acre retail/commercial center] Exhibit "F ": Area C [158 acre commercial recreational use] Exhibit "G": Area B [8.57 acre hotel, etc., and 5 acre landscaping and street parcel; Exhibit "H ": Description of Public Improvements Exhibit "I ": Mitigation Measures Exhibit "J ": Permissible encumbrances on Old Ranch Tennis Club Exhibit "K ": Permissible encumbrances on Area "A ", "B" and "C" Green Belt Areas Exhibit "L ": Location of Monument Signs Exhibit "M ": Permissible Encumbrances on Monument Sign Easement Area Exhibit "N ": Location of Median Landscaping Exhibit "0": Dedication Requirements Exhibit "P ": Schedule of Existing Development Impact Fees Exhibit "Q ": Form of Drainage Easement Exhibit "R ": Architectural Theme Bixby Old Ranch Development Agreement ii • • Bixby Old Ranch Townebter Development Agreement Ciry of Seal Beach November 23, 1998 EXHIBITS (Continued) Exhibit "S ": Location of Landscaping Green Belt in Areas "A" and "C" and Form of Offer of Dedication Exhibit "T" Form of Quitclaim Deed (AFRC property) ** ** Bixby Old Ranch Development Agreement iV • Bixby Old Ranch Tow.nter Development Agreement City of Seal Beach November 23, 1998 DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF SEAL BEACH AND BIXBY RANCH COMPANY AND AMENDMENT TO MEMORANDUM OF UNDERSTANDING DATED JULY 14, 1997 THIS AGREEMENT is entered into as of the day of ,1998, by and between the CITY OF SEAL BEACH, a municipal corporation, and BIXBY RANCH COMPANY, a California limited partnership ( "Owner "). 1. RECITALS OF PREMISES, PURPOSE AND INTENT; DEFINITIONS 1.1 Code Authorization To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Act which authorizes any city to enter into binding development agreements establishing certain development rights in real property with persons having legal or equitable interests in such property. Section 65864 of the Development Agreement Act expressly provides, in part, as follows: "The Legislature finds and declares that: (a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer and discourage investment in and a commitment to comprehensive planning which would make maximum • efficient utilization of resources at the least economic cost to the public. (b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval will strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic cost of development." Bixby Old Ranch Development Agreement 1 • • Bixby Old Ranch Towne Center Development Agreement City of Seal Beach November 23, 1998 1.2 Statement of Benefits The parties hereto have determined that the Project is a development for which a development agreement is appropriate. Development of the Project in accordance with a development agreement will provide for the orderly development of the Property in accordance with the objectives set forth in the General Plan. Moreover, a development agreement for the Project will eliminate uncertainty in planning for and securing orderly development of the Project, ensure attainment of the maximum efficient utilization of resources within the City at the least economic cost to its citizens, and achieve the provision of public services, public uses, urban infrastructure and other goals and purposes for which the Development Agreement Act was enacted, all in the promotion of the health, safety and general welfare of the City of Seal Beach and its residents. In exchange for these and other benefits to the City, Owner will receive the assurance that Owner may develop the Project during the term of this Agreement, subject to the terms and conditions herein contained. City has undertaken the necessary proceedings, has found and determined that this Agreement is consistent with the General Plan and has adopted Ordinance No. 1440 approving this Agreement. However, in the event of any conflict between the provisions of the General Plan, the Zoning Ordinance, or any other provision of the Code, and the provisions of this Agreement, the provisions of this Agreement shall prevail. This Agreement does not (1) grant density or intensity in excess of that otherwise established in the Project Approvals, (2) supersede, nullify or amend any condition imposed in the Project Approvals, (3) guarantee to Owner any profits from the Project, (4) prohibit or, if legally required, indicate Owner's consent to, the Property's inclusion in any public financing district or assessment district, except as specified herein, or (5) amend the General Plan. City, as a result of the development of the Property in accordance with this Agreement, will receive substantial benefits, including: commercial development of an intensity and aesthetic quality desired by the community, additional employment opportunities, improved traffic facilities, increased property and sales tax revenues, the provision of public improvements of a type, size and capacity in excess of those which would otherwise be required for development of the Property; reduction of the amount of commercial development directly adjacent to residential uses within the City; the preservation of open space from development for a specified team of years (30 years); and the improvement and dedication of open space and provision to the residents of City of desired recreational facilities which would not be provided in the absence of this Agreement. Because of the complexities of development of the Property, certainty in land use, density and intensity to both the City and the Owner in the development process is an absolute necessity. Development of the Property necessitates a significant commitment of resources by Owner in order for such development to be completed successfully. • Bixby Old Ranch Development Agreement 2 • Bixby Old Ranch Tter Development Agreement City of Seal Beach November 23, 1998 • Accordingly, in return for the commitments contained herein, City desires to make a commitment to the certainty of the development process for the Property, as further refined by this Agreement. . In consideration of the substantial improvements and benefits to be provided by Owner pursuant to this Agreement, in consideration of Owner's agreement to provide certain recreational facilities as set forth in this Agreement, and in order to strengthen the public planning process and reduce the economic costs of development, by this Agreement, the City provides Owner assurance that it can proceed with the development of the Property for the term of this Agreement pursuant to the land use, density and intensity specified in the Zoning Ordinance, the Project Approvals and this Agreement. Owner would not enter into this Agreement or agree to provide the public benefits and improvements described in this Agreement if it were not for the agreement of the City that the Property can be developed during the term of this Agreement in accordance with the Zoning Ordinance and Project Approvals land use, density and intensity except as expressly provided otherwise herein. 1.3 Definitions For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: 1.3.1 "Applicable Rules" means the ordinances, resolutions, rules, regulations, requirements and official policies of City in force as of the Effective Date governing development agreements, permitted uses of the Property, parking, development standards, density and building intensity, subdivision, zoning, grading, landscaping, signage and design, improvement and construction standards and specifications applicable to development of the Project, including, without limitation, designation of the Property on the City's zoning map as C -2 zoning, and shall also include the Project Approvals. 1.3.2 "Approval Ordinance" means Ordinance No. 1440, adopted by the City Council of the City on November 23, 1998, approving this Agreement. 1.3.3 "City" means the City of Seal Beach, California. 1.3.4 "Code" means the Code of the City of Seal Beach. 1.3.5 "Council" means the City Council of the City of Seal Beach. 1.3.6 "Development Agreement Act" means Sections 65864, et seq., of the California Govenrunent Code. Bixby Old Ranch Development Agreement 3 • Bixby Old Ranch Toxn enter Development Agreement City of Seal Beach November 23, 1998 1.3.7 "Development Agreement Ordinance" means Article 27.5 of the Zoning Ordinance. 1.3.8 "Development Impact Fees" means and includes all fees routinely charged by the City and all development impositions routinely imposed by the City in connection with the application, processing and approval or issuance of permits for the development of property, including, without limitation: application fees; permit processing fees; inspection fees; utility capacity fees; service or connection fees; development impact or major facilities fees; park fees; flood control fees; environmental impact mitigation fees; affordable housing fees; and any similar govemmental fees, charges and exactions required for the development of the Project. Regulatory Fees (constituting the categories and types of fees and charges that are limited pursuant to Section 3.3.1(2) and 3.3.1(3) of this Agreement) are the Development Impact Fees which include all charges, levies and impositions that are or would be categorized as regulatory fees or as development impositions under applicable law as of the Effective Date, in contrast with special taxes. 1.3.9 "Director" means the Director of Development Services of the City. 1.3.10 "Effective Date" means the date when this Agreement becomes effective, as such date is defined and set forth in Section 2.8.1 of this Agreement. 1.3.11 "EIR" means the Environmental Impact Report for the Project dated September, 1998, prepared and certified under the provisions of the California • Environmental Quality Act (Public Resources Code § 21000, et seq.) 1.3.12 "General Plan" means the General Plan of City. 1.3.13 "Golf Course" means the Old Ranch Country Club golf course as reconfigured to accommodate the Project pursuant to the Project Approvals. The approximate anticipated configuration of the Golf Course is set forth in Exhibit "A" hereto. 1.3.14 "Mortgagee" means a mortgagee of a mortgage and a beneficiary under a deed of trust. 1.3.15 "Old Ranch Tennis Club" or "Tennis Club" shall mean that parcel of land described on Exhibit "B" and all structures permanently affixed thereto. 1.3.16 "Owner" means Bixby Ranch Company and each of its respective successors and assigns to all or any portion of the Property during such time as such portion is subject to this Agreement. Bixby Ranch Company represents that it is the legal Owner of the entire Property as of the date of adoption of the Approval Ordinance. Bixby Old Ranch Development Agreement 4 • Bixby Old Ranch Towenter Development Agreement City of Seal Beach November 23, 1998 1.3.17 "Project" means the Property and the proposed development of the Property described in Section 2.3 of this Agreement. 1.3.18 "Project Approvals" means all City discretionary entitlements approved for the development of the Project as of the date of adoption of the Approval Ordinance, which approvals are as follows: 1.3.18.1 Council Resolution No. 4660, adopted on November 23, 1998, certifying the Final Environmental Impact Report for the Project, adopting certain findings required by the California Environmental Quality Act, and approving a Mitigation Monitoring Program; 1.3.18.2 Council Resolutions No. 4661 through 4666, adopted on November 23, 1998, amending the following elements of the General Plan: Land Use, Housing, Circulation, Noise, Open Space/Conservation/Recreation, and Bikeways; 1.3.18.3 Council Ordinances No. 1436 through 1439, adopted on November 23, 1998, approving amendments to the City Zoning Map and Zoning Code as required to effect the Project; and 1.3.18.4 This Development Agreement, approved by Ordinance No. 1440, adopted on November 23, 1998; 1.3.18.5 Any lot line adjustment, parcel map, tentative subdivision map and final subdivision map applicable to the Property and consistent with this Agreement. Project Approvals also include amendments to any of the foregoing approved by the City which are in compliance with this Agreement; and all conditions of approval adopted by the City Council in connection with any of the foregoing. 1.3.19 "Property" means all real property which is subject to this Agreement. The Property as of the Effective Date is described in Exhibit "C ". For purposes of reference in this Agreement, the Property is divided into the following segments (from north to south): 1.3.19.1 "Area D" means that 15.65 acre portion of the Property at the northerly end of the Property upon which uses less intense than commercial/retail shall be permitted as set forth in Section 3.1.1.1 of this Agreement. Area D is described in Exhibit "D ". 1.3.19.2 "Area A" means that 26 acre portion of the Property southerly of Area D, fronting on Seal Beach Boulevard, and located north of Lampson Avenue Bixby Old Ranch Development Agreement 5 • - - - ..... .. ,_ - - -__ • - -- - - - . - .. - - - - • Bixby Old Ranch Town enter Development Agreement City of Seal Beach November 23, 1998 ' which shall be utilized for commercial purposes as set forth in Section 3.1.1.2 of this Agreement. Area A is described in Exhibit "E ". 1.3.19.3 "Area C" means that 157 acre portion of the Property located southerly and easterly of Area A and north of Lampson Avenue which shall be utilized for commercial recreational purposes as set forth in Section 3.1.1.3 of this Agreement. Area C is described in Exhibit "F ". 1.3.19.4 "Area B" means that portion of the Property at the south- easterly corner of Seal Beach Boulevard and Lampson Avenue of which, subject to City approval, the 8.57 developable acres shall be utilized for a commercial complex and the remaining five (5) acres shall be utilized for the landscaped buffer, including a sign of not more than 50 feet in height and 267 square feet on each face oriented towards the freeway to identify the commercial center located on Area A, and possible street and freeway widening as set forth in Section 3.1.1.4 of this Agreement. Area B is described in Exhibit "G ". Reference to the Property shall mean and include reference to any portion of . the Property whether or not such portion is held in common ownership with the remainder of the Property. , 1.3.20 "Site Development Plan" means a site plan and description of proposed uses for a parcel of Property submitted and processed in accordance with the requirements of Section 3.1.3 of this Agreement. . 1.3.21 "Term" means the term of this Agreement, as provided in Section 2.8.1 of this Agreement. 1.3.22 "Vested Rules" means the Applicable Rules, the Project Approvals and this Agreement collectively. 1.3.23 "Zoning Ordinance" means the comprehensive Zoning Ordinance of the City, found in Chapter 28 of the Code of the City of Seal Beach as it exists on the Effective Date. 2. THE DEVELOPMENT AGREEMENT PROCESS 2.1 Public Hearings On September 9, October 21, and November 4, 1998, the Planning Commission of • the City, after giving notice pursuant to Sections 65854, 65854.5 and 65856 of the California Government Code, held public hearings on Owner's application for this Agreement. The City Council of the City, after providing public notice as required by law, similarly held public hearings on November 9 and November 17, 1998. Bixby Old Ranch Development Agreement 6 • Bixby Old Ranch Towneter Development Agreement City of Seal Beach • November 23, 1998 • 2.2 City Council Findings The City Council finds that review of the environmental impacts of the Agreement and the Project Approvals has been conducted in accordance with the provisions of the California Environmental Quality Act ( "CEQA"; Public Resources Code § 21000 et seq.) and the State and local guidelines adopted thereunder, and the City Council has given consideration to such environmental review prior to its approval of the Agreement and Project Approvals and has undertaken all actions necessary to comply with CEQA, including, but not limited to, adoption of a statement of overriding considerations in connection with approval of the Agreement and the Project Approvals, all as required by law. The City Council further finds that the Agreement is consistent with the General Plan and all other applicable plans, policies and regulations of the City of Seal Beach. 2.3 The Project The Project consists of the development and construction on the Property permitted under this Agreement and the Project Approvals, which include, without limitation, open space, residential, commercial and recreational development as approved by the City and as more fully delineated in this Agreement. 2.4 Project Approvals By Council Resolution No. 4660, the City Council certified the Final Environmental Impact Report for the Project, adopted certain findings required by the California Environmental Quality Act, adopted a Statement of Overriding Considerations and approved a Mitigation Monitoring Program; By Council Resolutions No. 4661 through 4666, the City Council amended the following elements of the General Plan: Land Use, Housing, Circulation, Noise, Open Space/Conservation/Recreation, and Bikeways; By City Council Ordinances No. 1436 through 1439, the City Council approved amendments to the City Zoning Map and Zoning Code as required to effect the Project; and By City Council Ordinance No. 1440, the City Council approved this Development Agreement. In addition, City has undertaken the necessary proceedings, has made the findings required by law, and has approved the Project Approvals. Bixby Old Ranch Development Agreement 7 • Bixby Old Ranch Towne ter Development Agreement City of Seal Beach • November 23, 1998 2.5 Justifiable Reliance City acknowledges that, in investing money and planning effort in and to the Project and all public improvements and dedication offers required hereunder, and in undertaking commencement of the Project, Owner will be doing so in reliance upon City's covenants contained in this Agreement and upon the enforceability of this Agreement, and City agrees that it will be reasonable and justifiable for Owner to so rely. 2.6 Project Is Private Undertaking It is specifically understood and agreed to by and between the parties hereto that: (1) the subject development is a private development; (2) except for the obligations of the City described herein, if any, the City has no responsibilities for or duty to third parties concerning any public improvement until such time and only until such time that the City accepts the same pursuant to the provisions of this Agreement or in connection with any subdivision map approval; (3) Owner shall have full power over and exclusive control of the real pmperty herein described subject only to the limitations and obligations of Owner under this Agreement and the Project Approvals; and (4) the contractual relationship between the City and Owner is such that Owner is not an agent of the City nor is City an agent of Owner. Notwithstanding the foregoing, nothing contained in this Agreement shall be deemed to waive or modify any otherwise applicable obligations the City, acting in its governmental capacity and not as a party to this Agreement, may have to Owner or any other party, under and in accordance with all applicable laws. 2.7 July 14. 1997 Memorandum of Understanding Under a Memorandum of Understanding ( "MOU ") between City and Owner dated July 14, 1997, Owner has previously paid City an amount sufficient to reimburse City for all costs incurred by City in processing (i) Owner's applications for the Project Approvals and (ii) this Agreement, except for those costs for which Owner has not been billed. With respect to City's costs for which Owner is responsible under the MOU, of which Owner receives notice after the adoption of this Agreement, Owner shall pay such fees and costs within thirty (30) days after receipt of notice. Owner shall be obligated to reimburse the City for such costs regardless of whether any part of the Property is developed, and Owner's reimbursement obligation shall survive any termination of this Agreement. Notwithstanding any provision to the contrary therein or herein, it is the intent of the parties that the MOU shall remain in full force and effect until the Effective Date, as that term is defined in Section 2.8 of this Agreement. The first sentence of Section 12 of the MOU, which states: Bixby Old Ranch Development Agreement 8 • Bixby Old Ranch Townter Development Agreement City of Seal Beach November 23, 1998 • • "This Agreement [the MOU] shall terminate upon adoption by the City of a development agreement for the proposed project." is hereby amended to read: "This Agreement shall terminate upon the effective date of a development agreement for the proposed project." • 2.8 Term 2.8.1 The Tenn of this Agreement (the "Tenn") shall commence upon the date the Approval Ordinance becomes effective (the "Effective Date "), provided, however, that (i) if the Approval Ordinance is made the subject of a referendum, the Effective Date shall be the date when the referendum proceedings have been concluded by any process which results in the Approval Ordinance becoming effective; and (ii) if litigation challenging the validity of this Agreement should be brought after the effective date of the Approval Ordinance but within the statute of limitations, the Effective Date shall be the date such litigation is concluded in a manner that permits the legal commencement of the parties' obligations under this Agreement. If the Term has not commenced by the fourth (4th) anniversary date hereof, then this Agreement shall have no further force or effect unless the parties extend the same by duly executed written instrument. This Agreement shall remain in effect for ten (10) years from the Effective Date, unless the Tenn is extended by duly adopted amendment hereof or earlier terminated in accordance with the provisions hereof. Notwithstanding the foregoing, expiration or termination of this Agreement shall not affect any right vested under law independent of this Agreement, nor shall any obligation or right established by this Agreement which pursuant to the teens hereof extends beyond such ten (10) year teen expire or terminate until such time as is established herein. 2.8.2 The tenn of any parcel map, tentative subdivision map, or vesting tentative subdivision map relating to the Property or any portion thereof shall be extended (pursuant to Government Code § 66452(a)) for the longer of: (i) the Tenn, or (ii) the term of the particular map otherwise allowed under the Subdivision Map Act (Government Code § 66110, et seq.) and the City's Subdivision Ordinance. 3. DEVELOPMENT OF PROPERTY 3.1 Land Use Approvals and Covenants Bixby Old Ranch Development Agreement 9 • Bixby Old Ranch Tome Zenter Development Agreement City of Seal Beach November 23, 1998 3.1.1 Land Uses. Densities and Intensities. The land uses, density of development and intensity of development shall be as set forth in the Applicable Rules and Project Approvals, except as specifically limited by the criteria in this Agreement. 3.1.1.1 Area D. Area D may be subdivided into not mom than 90 parcels, of which not more than 75 parcels shall be residential lots, with the exact number to be determined at the discretion of the Owner, including a 2.5 acre park. Uses on parcels within Area D shall be limited to the type of uses which are permitted by the Applicable Rules and generally and reasonably recognized to be of a lesser intensity of use than retailcommercial uses as specified in the Project Approvals, so as to provide a buffer between Area A and the existing residential uses adjacent to Area D. In addition to such designated uses, the Planning Commission or City Council may determine that any other use otherwise permitted by the Applicable Rules is consistent with this criteria or may be made consistent with this criteria by the imposition of specific operating or construction conditions. 3.1.1.2 Area A. Area A may be subdivided into not more than 10 parcels, with the exact number to be determined at the discretion of the Owner. Parcels within Area A shall be used for retail/commercial uses as permitted under the General Commercial - C2 designation of the Applicable Rules, provided, however, that there shall be located in Area A a retail center with at least one tenant of sufficient size and marketing area to serve as an "anchor" for the center. Said anchor shall come from one or more of the following categories: apparel/department store, general merchandising, home improvement, or supermarket, provided, however, that the Planning Commission or City Council may determine that any other category of use otherwise permitted by the Applicable Rules will provide an adequate anchor to the retail center. Development in Area A shall be consistent with the architectural theme depicted on Exhibit "R ". There shall be no access into the unincorporated community of Rossmoor directly from the 26 acre shopping center driveway entrance at St. Cloud Drive. Exiting movements from the retail shopping center at St. Cloud Drive shall be limited to right and left turn movements only. Exiting the shopping center across Seal Beach Boulevard at St. Cloud Drive into the Rossmoor community will be physically . prohibited. 3.1.1.3 Area C. Area C consists of one parcel. Pursuant to Section 3.2.5.11 of this Agreement, Owner agrees to limit, for a period of thirty (30) years from the Effective Date, uses on parcels within Area C to the following: commercial golf course, public or private; golf course clubhouse; golf driving range and appurtenant driving range uses; golf course maintenance operations; open space; landscaping, and parking for golf course uses. 3.1.1.4 Area B. Area B may be subdivided into not more than 5 parcels, with the exact number to be determined at the discretion of the Owner. Uses on parcels within Area B shall include a hotel and an assisted senior citizen living housing Bixby Old Ranch Development Agreement 10 • • Bixby Old Ranch Toenter Development Agreement City of Seal Beach • November 23, 1998 structure. Other uses permitted on parcels within Area B shall be compatible with the hotel and assisted living structure, as determined in the reasonable discretion of the developers or operators of said uses. In addition, there shall be located within Area B a landscaped green belt, including a sign of not more than 50 feet in height and 267 square feet of sign area on each face oriented towards the freeway to identify the commercial center located on Area A, and possible street and freeway widening area of approximately five (5) acres in the general location and shape shown on Exhibit "G ". In the event that the proposed Marriott Senior Care Center does not receive all necessary governmental approvals for the site, any substitute land use shall not be more intense in terms of traffic and air quality impacts that would arise from such senior care center use, as identified in the Bixby Old Ranch Towne Center E[R. 3.1.2 Vesting of Rights 3.1.2.1 Right to Develop Property. City agrees that during the Term of this Agreement, Owner shall have the right to develop and use the Property in accordance with the land uses, densities and intensities, the zoning, and the development standards, conditions and improvement requirements specified in the Applicable Rules, the Project Approvals and this Agreement (collectively, the "Vested Rules "), subject to Site Development Plan review in accordance with Section 3.1.3 hereof. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to obligate Owner to initiate or complete development of the Property or any portion thereof within any period of time or at all unless specified herein. 3.1.2.2 Certain Changes Prohibited Without Consent of Owner. Except as otherwise provided in this Agreement, during the Term of this Agreement, the City shall not, as to the Property, without the prior written consent of Owner: (a) change the Vested Rules or any one thereof so as to prevent or adversely affect development, construction or operation of the . Property in accordance with the Vested Rules; or (b) apply to the Property any new or amended ordinance, resolution, rule, regulation, requirement or official policy that is inconsistent with the Vested Rules, so as to prevent or adversely affect development, construction or operation of the Property in accordance with the Vested Rules; or (c) apply to the Property any new or amended ordinance, resolution, rule, regulation, requirement or official policy that requires additional discretionary review or approval; or (d) apply to the Property any new or amended ordinance, resolution, rule, regulation, requirement or official policy that materially, adversely affects the timing or phasing of construction or development, or which limits the availability of utilities or other infrastructure for the Property. 3.1.2.3 Rights are Vested. Unless amended or terminated in the manner specified in this Agreement (and subject to the provisions of this Agreement), Owner shall have,the rights and benefits afforded by this Agreement and this Agreement shall be enforceable by Owner and the City notwithstanding any growth control measure or any development moratorium adopted after the Effective Date, or any change in the Bixby Old Ranch Development Agreement 11 • Bixby Old Ranch Tow,•nter Development Agreement City of seal Beach November 23, 1998 applicable general or specific plans, zoning, subdivision or building regulations adopted by the City which alter or amend the Vested Rules or the adoption of any new or amended ordinance, resolution, rule, regulation, requirement or official policy that is inconsistent with the Vested Rules so as to prevent or materially adversely affect development, construction or operation of the Property in accordance with the Vested Rules. This Section shall be construed to prohibit the City from applying to the Property any development moratorium that is adopted specifically to prohibit the construction of the Project, or as an interim measure pending contemplated general plan, specific plan or zoning changes, or as a genial growth control management • measure without other bona fide reasons relating to unforeseeable emergency situations (as described in Section 3.1.2.5, below). 3.1.2.4 Preemption. Notwithstanding any other provision to the contrary, nothing herein contained shall be deemed to prevent adoption and application to improvements upon the Property of laws, ordinances, uniform codes, rules or regulations pertaining to or imposing life- safety, fire protection, mechanical, electrical and/or building integrity requirements to the extent that such regulations apply generally throughout the City. The City Codes that currently contain such laws and . regulations are (i) Uniform Building Code, 1994 Edition, as amended by Part 2, Title 24, California Code of Regulations; (ii) Uniform Mechanical Code, 1994 Edition, as amended by Part 4 of Title 24, California Code of Regulations; (iii) Uniform Plumbing Code, 1994 Edition, as amended by Part 5 of Title 24, California Code of Regulations; (iv) Uniform Swimming Pool, Spa and Hot Tub Code, 1994 Edition; (v) . Uniform Housing Code, 1994 Edition; (vi) Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition; (vii) Uniform Sign Code, 1994 Edition; (viii) National Electric Code, 1993 Edition, as amended by Part 3 of Title 24, California Code of Regulations; (ix) Uniform Fire Code, 1994 Edition, including Appendices I -B through V -A, VI -A, VI -E and VI -G thereof, except for Appendices II -H and IV -A, and including those amendments to that Code set forth in Title 24, California Code of Regulations; (x) Uniform Solar Energy Code, 1994 Edition; (xi) Uniform Building Security Code, 1994 Edition; (xii) Uniform Administrative Code, 1994 Edition; and (xiii) Appendix Chapter 1 of the 1994 Uniform Code for Building Conservation. 3.1.2.5 Reservation of Right to Apply Certain Development Moratoria and Utility Service Limitations. Notwithstanding any provision to the contrary contained herein, the City expressly reserves the right to apply to the Property any development • moratorium, limitation on the delivery of City provided utility services, or other generally applicable emergency rule, regulation, law or ordinance: (a) which is based on genuine health, safety and general welfare concerns (other than general growth management issues); (b) which arises out of a documented emergency situation, as declared by the President of the United States, Governor of California, or the Mayor or City Council of the City of Seal Beach; and (c) based upon its teams or its effect as ' applied, does not apply exclusively or primarily to the Property. Bixby Old Ranch Development Agreement 12 • Bixby Old Ranch Tarter Development Agreement City of Seal Beach November 23, 1998 3.1.2.6 Other Governmental Approvals. The parties do not contemplate that development of the Project pursuant to this Agreement shall be subject to the approval of any other governmental agencies. 3.1.2.7 Project Phasing. Building permits for residential construction in Area D shall not be issued by City until City's inspectors have approved interior lath or drywall inspections for the commercial construction of Retail "A ", Retail "B ", Retail "C ", and Retail "D" structures in Development Area A. 3.1.3 Subsequent Discretionary Approvals: Site Development Plan Review 3.1.3.1 Site Development Plan Approval Required. Owner shall be required to obtain the approval by the City Planning Commission of a Site Development Plan in accordance with the provisions of this Section for the development of the Property and the issuance of all permits required therefor. The parties acknowledge and agree that the approval of a Site Development Plan and , issuance of permits shall be subject to the Applicable Rules, the Project Approvals, and any applicable laws in effect at the time that an application is submitted for Site Development Plan approval which are not expressly superseded by this Agreement. 3.1.3.2 Responsibility of Owner. The obtaining of Site Development Plan approval and all necessary permits for the development of the Property, and complying with the conditions thereof, shall be the sole responsibility of Owner. 3.1.3.3 Responsibility for Paying Fees. Owner shall be responsible for paying when due all Development Impact Fees in connection with the approval of a Site Development Plan and issuance of permits for the Property at the rates established by this Agreement. 3.1.3.4 Approval of Site Development Plans. The City shall review and approve, approve with conditions, or disapprove a proposed Site Development Plan submitted pursuant to this Agreement in accordance with the procedures and times established in Article 29 of the Zoning Ordinance, except as modified by this Agreement. Once a Site Plan is approved by the City, it shall not subsequently be disapproved by the City. 3.1.3.5 Standard of Review. The City shall have the right to disapprove or condition approval of a proposed Site Development Plan provided, however, that in its review and approval of Site Development Plans submitted pursuant to this Agreement, the City shall be bound by, and shall not disapprove or condition a Site Development Plan in a manner that is not consistent with the Applicable Rules and the Project Approvals. Bixby Old Ranch Development Agreement 13 • Bixby Old Ranch Towne Center Development Agreement City of Seal Beach November 23, 1998 3.1.3.6 Reservation of Right to Impose Certain Conditions. In connection with the review of a Site Development Plan, the City shall have the right: (a) to impose reasonable conditions on development that are not inconsistent with the Applicable Rules and the Project Approvals, and provided such conditions do not prevent or unreasonably affect development, construction or operation of the Property in accordance with the Vested Rules; and (b) to impose reasonable conditions deemed necessary by the City to mitigate environmental impacts identified in a subsequent or supplemental environmental impact report or negative declaration prepared in connection with a proposed Site Development Plan, which impacts could not reasonably have been foreseen at the time of approval of this Agreement or are otherwise required to be mitigated in accordance with a preemptive State law in effect at the time of the Site Development Plan review. 3.1.3.7 Effect of Site Development Plan Approval for the Property. Following approval of a Site Development Plan for the Property, the City shall not subsequently disapprove the building, grading and similar permits necessary for the development of the Property in accordance with such Site Development Plan, if the final plans and specifications are consistent with the approved Site Development Plan, if Owner satisfies all applicable conditions for such permit as set forth in the Applicable Rules, the Project Approvals, and the approved Site Development Plan, and if Owner is not in default of this Agreement. 3.1.3.8 Construction to be Consistent with Approved Site Development Plans. Owner shall construct or cause to be constructed all improvements on the Property in accordance with the approved Site Development Plan and permits. Such Parcel shall be developed as established in the Applicable Rules, Project Approvals, and the approved Site Development Plan and related documents, except as changes may be mutually agreed upon between the City and Owner. Any such changes shall be within the limitations of the Applicable Rules and the Project Approvals. 3.1.3.9 Revisions Required by Other Govemmental Approvals. If any revisions or corrections of plans approved by the City shall be required by any govemment official, agency, department or bureau having jurisdiction over the development of the Property (except the City), Owner and the City shall cooperate in efforts to obtain waiver of such requirements or to develop an acceptable alternative that complies with such additional requirements. 3.1.3.10 Revisions Requested by Owner. If Owner desires to make any change in an approved Site Development Plan after its approval, such proposed change shall be submitted to the City for approval in accordance with this Section 3.1.3. Bixby Old Ranch Development Agreement 14 • • Bixby Old Ranch Townnter Development Agreement City of Seal Beach November 23, 1998 • ' 3.1.4 Assignment by Owner 3.1.4.1 Upon written notice submitted to the City not less than thirty (30) - days prior to each transfer or assignment, the rights and obligations of Owner as to the Property under this Agreement may be transferred or assigned from time to time during the Tenn of this Agreement, provided that such transfer or assignment is either (a) made as part of a transfer, assignment, sale or lease of all or a portion of the Property, or (b) pursuant to an assignment of a security interest in the Property or a portion thereof to a Mortgagee as security for financing of the development and operations of the Property or applicable portion thereof (including, without limitation, any combination of purchase financing, construction financing, bridge loans, take-out and permanent financing). Any such transfer or assignment shall be subject to the provisions of this Agreement and the controls and limitations contained herein. Any such assignee or transferee (except the holder of a security interest prior to the time the transfer pursuant to the security interest is effective) shall enjoy the rights of Owner under this Agreement as such rights pertain to Property. Assignments or transfers pursuant to a security interest shall be effective at such time as the holder of the security interest exercises any right to obtain fee title to the Property or portion thereof by exercise of the security interest. 3.1.4.2 Concurrently with the submission of the notice of impending transfer or assignment by Owner, Owner shall submit to the City (a) a fully executed instrument, in form and content reasonably acceptable to the City, pursuant to which the transferee expressly assumes and agrees for the benefit of the City to perform the obligations of Owner under this Agreement applicable to the Property being conveyed, and (b) an acknowledgment, in form and content reasonably approved by the City and executed by the transferee, pursuant to which the transferee acknowledges that the transferee has read and understands this Agreement and all of the provisions hereof. The City agrees to consider the pre- approval of any form of proposed instruments submitted by Owner pursuant to this Section 3.1.4.2 prior to the execution of such instruments. 3.1.4.3 In addition to the notice referred to above, Owner shall submit written notice to the City immediately upon the consummation of any such transfer or assignment and shall include in such notice a fully executed copy (showing all recordation information for any recordable documents) of the instrument(s) by which the transfer or assignment was effected. If a person or entity transfers or assigns its entire interest in .the Property or any portion thereof, such person or entity shall be released from its obligations under this Agreement as to such portion of the Property upon compliance with the provisions of this Section 3.1.4. 3.2 Public Improvements and Utilities Bixby Old Ranch Development Agreement 15 — - _- - -- - - -- -- . • -- -. • • • Bixby Old Ranch Towne Center Development Agreement City of Seal Beach November 23, 1998 3.2.1 Installation Obligations. The parties hereby agree that the obligations to install public improvements and utilities necessary for the development of the Property shall be as set forth in the "Description of Public Improvements" attached to this Agreement as Exhibit "H ", except as set forth in Section 3.2.5 of this Agreement. 3.2.2 City- Provided Utilities: Reservation of Sufficient Capacity. To the extent that it is within the control of the City, the City shall use its best efforts to ensure that there shall be sufficient capacity, facilities and services with respect to City provided utilities to complete construction on the Property and open the uses thereon to the public. The City agrees that if limitations in the provision of utilities become necessary due to the existence of an emergency situation, they shall be applied only to the extent necessary to respond to such emergency, and shall not be applied against the Property in a discriminatory manner. 3.2.3 City- Provided Utilities: Nondiscriminatory Rates and Provision of Service. The City agrees that rates and charges for City provided utilities for the Property shall not be set or unposed in a discriminatory manner, but shall be those rates and charges that are or would be generally applicable to any user of a comparable quantity and quality of the utility use in the City (i.e., any other entity whose use or consumption of the utility is comparable to that of Owner), and that the City shall not discriminate against the Property in the provision of any City - provided utilities (such as potable and reclaimed water, sewer and drainage). 3.2.4 Eat Mitigation Measures. Owner shall at its own expense timely perform ' all mitigation measures identified in Exhibit "I ", attached hereto and incorporated herein by this reference, except as set forth herein. Notwithstanding anything in this Agreement to the contrary, City and Owner agree that all traffic impacts from the Project identified in the ER shall be completely mitigated by: (i) the traffic impact fees paid by Owner to the City in the course of the development on the Property, (ii) the traffic improvements Owner is required to complete pursuant to this Section 3.2, and (iii) construction by Owner of the following signalization enhancements: (i) adjacent to Area D, at Seal Beach Blvd. and Rossmoor Way; (ii) adjacent to Area A, • at Seal Beach Blvd. and St. Cloud, including a new signal at Seal Beach Blvd. at the Home Savings building; (iii) modification to the signal at Lampson Ave. and Basswood Street for relocated access to the Old Ranch County Club; and (iv) additional traffic control measures as required by the City to mitigate. Such signalization enhancements shall be installed, completed and operating prior to the earliest of the following events: issuance of any occupancy permits; opening of the driving range; re- opening of the golf course. 3.2.5 Dedications. Reservations and Conditions of Development. 3.2.5.1 Old Ranch Tennis Club. Concurrently with the application for this Agreement, Owner applied for a zone change to change the zoning designation of the Bixby Old Ranch Development Agreement 16 • • Bixby Old Ranch To>venter Development Agreement City of Seal Beach • November 23, 1998 • Tennis Club to Public Land Use/Recreation (PLU/R). Owner hereby offers to dedicate the Tennis Club to the City at no cost to the City, in an "as is" condition, subject only to those encumbrances of record set forth on Exhibit "J ". Owner has made no representations as to the condition of the Tennis Club as of the date of this Agreement, nor shall this Agreement be deemed to impose any obligation on Owner to maintain the Tennis Club in any particular condition. Upon acceptance of this offer of • dedication, Owner will also pay to the City the sum of One Million Dollars ($1,000,000.00). Such money shall be used for improvements that will benefit the College Park East neighborhood, including but not limited to improvements related to the Tennis Club property. This offer of dedication and payment shall begin on the Effective Date and shall remain open for a period of five years, and may be accepted • by the City at any time after the Effective Date by sending written notice of such acceptance to Owner. 3.2.5.2 Community Police Center. Owner agrees to set aside for the use of the City sufficient land within Area A to accommodate a community police center and other public uses, and to construct building shell improvements for such facility prior to the issuance of any occupancy permits for the commercial development contemplated for Area A. Such facility shall contain between 2200 and 2500 square feet of usable space for City use. Any land and building shell improvements provided to City by Owner pursuant to this subsection shall remain the property of Owner but may be utilized by City at no cost to City for a period of thirty (30) years. In addition, Owner shall provide to City a tenant improvement allowance of $20,000 for tenant improvements, fumishings, and fixtures required to make such land or building shell improvements functional for use as a community police center and other public uses. City shall be responsible for all maintenance of such land and improvements and for all utility use at the community police center. This offer of use rights in land and improvements shall become effective on the Effective Date and shall remain in effect for the Term of this Agreement. Should the City desire after thirty (30) years to continue to utilize such land and improvements, Owner agrees to undertake good faith negotiations with the City as to the appropriate rent for such land and improvements. 3.2.5.3 Green Belts. 3.2.5.3.1 Owner hereby offers to dedicate to the City for landscaping, future freeway ramp widening and street widening, and to execute and record such documents (whether covenants on title or otherwise) as are reasonably determined by the City to be necessary to restrict development to landscaped green belt use, a total of approximately five acres of land in Area B at no cost to the City, subject only to those encumbrances of record set forth on Exhibit "K ". The approximate location of the land to be so dedicated or restricted in use is set forth in Exhibit "G ", and includes that strip of land adjacent to the I-405 northbound off -ramp right -of -way at Seal Beach Boulevard as shown on Tentative Parcel Map 97 -165. This offer of dedication and land use restriction shall be effective for a period of 5 years after the Effective Date, Bixby Old Ranch Development Agreement 17 • Bixby Old Ranch TowrSnter Development Agreement City of Seal Beach November 23, 1998 and may be accepted by the City at any time after the Effective Date by sending written notice thereof to Owner. City understands and agrees that if it accepts this offer of dedication, it shall obtain the five acre green belt parcel in "as is" condition as of the date of acceptance of the offer, and that Owner has made no representations as to the condition of such land as of the date of this Agreement, nor shall this Agreement be deemed to impose any obligation on Owner to maintain such land in any particular condition, except as may otherwise be required by the Project Approvals. 3.2.5.3.2 Owner hereby offers to dedicate to the City for landscaping, • and to execute and record such documents (whether covenants on title . or otherwise) as are reasonably determined by the City to be necessary to restrict development to landscaping, a forty (40) foot wide area along that portion of Seal Beach Boulevard immediately adjacent to the westerly boundary of Areas A and C at no cost to the City, subject only to those encumbrances of record set forth on Exhibit "K ". The approximate location of the land to be so dedicated or restricted in use is set forth in Exhibit "S ". This offer of dedication and land use restriction shall be effective for a period of 5 years after the Effective Date, and may be accepted by•the City at any time after the Effective Date by sending written notice thereof to Owner. City understands and agrees that if it accepts the offer of dedication, it shall obtain this landscaping area in "as is" condition as of the date of acceptance of the offer, and that Owner has made no representations as to the condition of such land as of the date of this Agreement, nor shall this Agreement be deemed to impose any obligation on Owner to maintain such land in any particular condition, except as may otherwise be required by the Project Approvals. Prior to the issuance of any building permits for the commercial development contemplated for Area A, Owner shall submit a landscaping plan for City review. Prior to the issuance of any occupancy permits for the commercial development contemplated for Area A, Owner shall have a City- approved landscaping plan and shall install any landscaping required by the plan at its sole cost and expense. Further, Owner shall construct at its sole cost and expense, prior to the issuance of any occupancy permits for the commercial development contemplated for Area A, a twelve (12) foot wide bike path/sidewalk within this landscaped area along its entire length, at a location to be determined by the City. Such path/sidewalk is subject to City design approval. 3.2.5.4 Monument Signs. Prior to the Effective Date, Owner shall grant to the City easements over those portions of the Property described in Exhibit "L" to be used for the installation and maintenance of two (2) City/community identification monument signs, one each on the north and south sides of Lampson Avenue at the Seal Beach Boulevard intersection. Such grant shall be subject only to those encumbrances of record set forth on Exhibit "M ". Owner shall construct the monument signs for the City at Owner's own cost and expense in accordance with design and material guidelines provided to Owner by the City. Upon completion of • each sign, the City shall accept ownership of the sign. The City agrees to indemnify and defend Owner and its officers, agents and employees from any and all liability Bixby Old Ranch Development Agreement 18 -T- - • _. �r.. - - - - - - - - • Bixby Old Ranch Tnter Development Agreement City of Seal Beach November 23, 1998 arising from the City's use of the easements granted hereunder. City understands and agrees that Owner has made no representations as to the condition of such land, nor shall this Agreement be deemed to impose any obligation on Owner to maintain such land in any particular condition, except as may otherwise be required by the Project Approvals. Notwithstanding any other provision in this Agreement, Owner shall be responsible for all maintenance of the sign and landscaping within each respective easement area, except major repairs of the signs. 3.2.5.5 Median Landscaping. Prior to the issuance of any occupancy permits for any uses contemplated for Areas A, D or C, Owner shall at its own cost and expense construct median landscaping at the locations indicated in Exhibit "N" within the existing public right -of -way along Seal Beach Boulevard between Lampson Avenue and Rossmoor Way in accordance with design and material guidelines provided to Owner by the City. 3.2.5.6 Maintenance of Landscaping. Unless otherwise indicated herein, all the landscaping and signage referenced in 3.2.5.3 through 3.2.5.5 shall be and remain the property of the City, and the City shall be responsible for all maintenance thereof. To fund such maintenance, the City may establish one or more landscape maintenance districts. Should City determine to establish one or more landscape maintenance districts for such landscaping, (i) Owner agrees not to protest the establishment of any such maintenance district, and (ii) City agrees that as a condition of approval of any major expansion or redevelopment of the Rossmoor Center, City shall require the Owner of the Rossmoor Center to participate in the maintenance district established to maintain the median landscaping described in Section 3.2.5.5, with the assessment for such landscape maintenance subsequently imposed upon the Rossmoor Center to be in an amount proportionate to that imposed on the Property, as permitted by law. 3.2.5.7 Lampson Avenue Enhancements. Owner agrees to make the following improvements along Lampson Avenue to improve the gateway into the College Park East community: . (1) Owner shall construct at its sole cost and expense a twelve (12) foot wide bike path/sidewalk within public right -of -way adjacent to Lampson Avenue between Seal Beach Boulevard and Basswood Street at a location to be determined by the City. For the purposes of such bike path/sidewalk, Owner shall offer to dedicate to the City a right -of -way easement of sufficient width to accommodate such twelve (12) feet wide bike path/sidewalk on property which Owner owns at such location. Such path/sidewalk is subject to City design approval. City understands and agrees that if it accepts the offer of dedication, it shall obtain the right -of -way easement in "as is" condition as of the date of acceptance of the offer, and that Owner has made no representations as to the condition of such land as of the date of this Agreement, nor shall this Agreement be deemed to impose any obligation on Owner to maintain such land in any particular condition, except as may otherwise be required by the Project Bixby Old Ranch Development Agreement 19 • 1110 Bixby Old Ranch Towne Center Development Agreement City of Seal Beach November 23, 1998 Approvals. City shall provide adequate right -of -way and construction easements as necessary to accomplish construction of the bike path/sidewalk along those portions of Lampson Avenue between Seal Beach Boulevard and Basswood Street which are not owned by Owner. (2) Bixby Ranch Company shall relocate the main access to the Old Ranch County Club from its current location on Lampson Avenue to the signalized intersection of Lampson Avenue and Basswood Street. In connection with such relocation, Bixby Ranch Company shall at its own cost and expense restripe that portion of Lampson Avenue to widen the bike lane in front of the club house at the Old Ranch County Club and provide all necessary signal improvements, in accordance with plans and specifications submitted to City by Owner and approved by the City. (3) Bixby Ranch Company shall at its own cost and expense enhance the entire southern edge of the Golf Course along Lampson Avenue with new landscaping and new fencing, the materials and design of which shall be at the sole discretion of Bixby Ranch Company, and in compliance with the Applicable Rules. In undertaking such work, Bixby Ranch Company shall attempt to provide view corridors from the public right -of -way into the Golf Course whenever practical. (4) Bixby Ranch Company shall at is own cost and expense improve ' the street drainage along Lampson Avenue by designing and constructing a minimum of three additional catch basins to be located in the right -of -way between Seal Beach Boulevard and Basswood Street. The number of required catch basins will be determined by the City. City shall review and approve the designs for such catch basins prior to their construction. (5) Bixby Ranch Company shall pay the City $35,000 for the purpose of removing the block wall located on the north side of Lampson Avenue between the Western Education Building and Parkwood, and to improve the landscaping in that same area. (6) Bixby Ranch Company shall repair the wall and improve the landscaping to the City's satisfaction in the area between the Lampson Avenue curve and Heather. (7) Bixby Ranch Company shall install landscaping to the satisfaction • of the City on both sides of Lampson Avenue along the new location of the driving range. . (8) The location of the access to the driving range shall be acceptable to the City. Bixby Old Ranch Development Agreement 20 • Bixby Old Ranch Town enter Development Agreement City of Seal Beach November 23, 1998 3.2.5.8 Water Retention Basin. In reconfiguring the Golf Course, Bixby Ranch Company shall provide for an additional thirteen percent (13 %) to fifteen percent (15%) capacity in the flood retention easement located in Area "C" over and above the capacity that would otherwise be required by Orange County Flood Control District engineering requirements for the proposed land uses draining into such basin. In addition to its execution of this Agreement, Bixby Ranch Company shall execute and record an Amendment to Easement Deed, substantially in the form attached hereto as Exhibit "Q ", which shall amend that certain Easement Agreement granted by the Fred M. Bixby Ranch Company to the City recorded April 7, 1967, as Instrument No.3790 in Book 8219, pages 920 -926 of the Official Records of the County of Orange) to evidence the flood retention easement established by this Section 3.2.5.8. 3.2.5.9 Storm Drain. Owner shall at its own cost and expense construct that portion of City's Long Range Storm Drain Improvement Plan intended to evacuate the water flow from the College Park East Area down Basswood Street on to Area "C" at a higher rate of speed than currently exists. In order to alleviate debris blockage, Owner shall at its own cost and expense construct on -site catch basins each with an inlet capacity twenty-five percent (25 %) greater than the standard as set forth in the most recent edition of the "Orange County Local Drainage Manual ". 3.2.5.10 Water Well Site. Owner agrees to set aside for the use of the City sufficient land within Area "C" to accommodate a new water well. Any land provided pursuant to this section shall be made available at no cost to the City; provided, that nothing in this offer shall be deemed to place upon Owner any obligation or duty to provide any improvement to or furnishings or fixtures required to make such land functional for use as a water well. This offer to license the use of Owner's land shall begin on the Effective Date and shall remain open for a period of ten (10) years from the Effective Date, and may be accepted by the City at any time after the Effective Date by sending written notice of such acceptance to Owner. The City agrees to indemnify and defend Owner and its officers, agents and employees from any and all liability arising from City's use of the license for water well use granted hereunder. The license to maintain the water well upon the Property shall be effective upon acceptance and shall remain effective for thirty (30) years. Should the City desire after the expiration of said period to continue to utilize such land for such purposes, Owner agrees to undertake good faith negotiations with the City as to the appropriate rent for such land. 3.2.5.11 Restriction of Use - Area C. Owner agrees for itself and its successors and assigns in Area C that for a period of not less than thirty (30) years from the Effective Date, use of Area C shall be restricted to the following uses: commercial golf course, public or private; golf course clubhouse; golf driving range; golf course maintenance operations; open space; landscaping; water well; water retention; and parking for golf course uses. In addition to its execution of this Agreement, Owner agrees to execute and record such documents (whether covenants Bixby Old Ranch Development Agreement 21 • - • • • Bixby Old Ranch Towne Center Development Agreement City of Seal Beach November 23, 1998 on title or otherwise) as are reasonably determined by the City to be necessary to evidence the restriction on use of Area C established by this Section 3.2.5.11. 3.2.5.12 Reservations or Dedications for Other Public Improvements. In addition to those reservations or dedications established by Sections 3.2.5.1 through 3.2.5.11 of this Agreement, the portions of Property to be reserved or dedicated for other public purposes pursuant to this Agreement, if any, shall be that property described as set forth in Exhibit "0", attached hereto and incorporated herein by this reference. Unless otherwise indicated herein, the property described in Exhibit "0" shall be dedicated by Owner not later than the issuance of a building permit for that portion of the Property upon which the dedicated land is located. The City shall take such actions as may be necessary to vacate any prior dedications, offers to dedicate and grants of easements that are no longer necessary for the development of the Project in accordance with this Agreement. The parties understand and agree that minor changes, modifications or adjustments to the dedications described in Exhibits "L" and "0" and additional minor dedications may be required as the result of Site Development Plan review for Property, provided any such changes are consistent with the Applicable Rules and the Project Approvals, and shall not constitute an amendment to this Agreement. 3.2.5.13 Quitclaim any Interest in Los Alamitos 'Armed Forces Reserve Center. Prior to the issuance of building permits for development in Development Areas A and B, Owner shall execute a quitclaim deed, in a form substantially similar • to that attached hereto as Exhibit "T ", acceptable to the City, conveying, transferring and granting all Owner's interest, including, but not limited to any reversionary rights, that Owner may have in and to the property commonly known as the Los Alamitos Armed Forces Reserve Center (AFRC). Owner shall execute a document in a form acceptable to the City agreeing that it will not offer to buy the AFRC property or any portion thereof for thirty (30) years after the Effective Date of this agreement. 3.2.6 Improvement Security/Insurance. As a condition of approving a final subdivision map or any future subdivision for all or a portion of the Property, the City ' may require the furnishing of appropriate and reasonable improvement agreements and security pursuant to California Government Code Sections 66462 and 66499, et seq. Nothing in this Agreement shall be construed as altering or relieving Owner of any obligation imposed pursuant to Government Code Section 66462. If the improvements are financed by an assessment district or community facilities district, the improvement security may be released in accordance with Government Code Section 66495.5 or similar provisions. 3.2.7 Further Land Use Actions. The parties acknowledge that subdivision and parcel maps, boundary line adjustments or similar modifications may be necessary in the future and are contemplated by this Agreement provided any such changes are Bixby Old Ranch Development Agreement 22 • • Bixby Old Ranch To enter Development Agreement City of Seal Beach November 23, 1998 consistent with the Applicable Rules and the Project Approvals, and shall not constitute an amendment to this Agreement. 3.3 Development Impact Fees: 3.3.1 Applicable Fees and Assessments. • Owner shall pay to City all applicable Development Impact Fees regularly charged by the City to developers, subject to the following limitations. (1) Development Impact Fees which consist of application and processing fees shall not exceed those in place as of the Effective Date, provided that such fees may be ' increased from time to time to reflect any changes in the actual costs incurred by City in processing applications or managing such process; (2) Regulatory Fees shall be limited to the categories and amounts in effect on the Effective Date, except that Regulatory Fees may be revised in proportion to changes in either (a) the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index (all Urban Consumers), or (b) such other index used by the City as a fair indicator of fluctuations of the costs in question from the fourth • anniversary of the Effective Date until the date of such new fee setting (the foregoing not to be construed as authorizing creation of any new categories of fees that apply to the Property or the Project, except as provided in Section 3.3.1(3) below); and (3) No new Regulatory Fee may be imposed on all or part of the Property or development thereof unless (i) it applies on a City-wide basis and is not limited to the Property or any part thereof; (ii) the amount charged for such new Regulatory Fee has been determined in accordance with all applicable law and is based upon evidence that said amount is necessary to mitigate public health and/or safety impacts directly caused by the development against which the Fee is imposed; and (iii) Owner shall be entitled to credit for fees paid and the value of work performed prior to the enactment of such Regulatory Fee requirement where such fees or work deal with or pertain to the same subject matter. (4) Attached hereto as Exhibit "P" is Resolution No. 4650, setting forth the City's comprehensive fee schedule as of July 28, 1998. 3.3.2 Fee Credits. In addition to credit for prior fees paid and/or work performed under Section 3.3.1(3) above, Owner shall be eligible to receive any fee credits to which it may be entitled under the terms of the applicable City ordinance creating any fee applicable to the Property. Other than the foregoing, Owner shall not be eligible for any fee credit under this Agreement as a result of the dedication of property, construction of improvements, or any other action by Owner. Bixby Old Ranch Development Agreement 23 Bixby Old Ranch Towneter Development Agreement City of Seal Beach November 23, 1998 3.3.3 Business License Fees. None of the foregoing limitations shall apply to business license fees lawfully levied and collected in a non - discriminatory manner on a City -wide basis. 3.4 Mortgagee Protection • 3.4.1 The parties hereto agree that this Agreement shall not prevent or limit the right of Owner at its sole discretion, to encumber the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device (collectively "Mortgage ") securing financing of the purchase, development or operation of the Property or any portion thereof (including any combination of purchase financing, construction financing, bridge loans, take -out and permanent financing), as provided in this Agreement, wherein such Mortgage fmancing is (i) originated by a bank, insurance company, other institutional lender, and (ii) such lender is unrelated to and unaffiliated with the Owner;. provided, however, that any such Mortgage shall be subordinate to this Agreement, and provided further that if any portion of the Property is to be dedicated or transferred to the City pursuant to this Agreement, then such Mortgage shall not encumber the portion of the property to be dedicated or transferred to the City. 3.4.2 The City acknowledges that prospective lenders providing such financing may request certain interpretations and modifications of this Agreement, and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to discuss in good faith any such request for interpretation or modification. City shall not unreasonably withhold its consent to any such requested interpretation or modification which the City determines is consistent with the intent and purposes of this Agreement and protects the interests of City under this Agreement. Any Mortgagee of Property shall be entitled to the following rights and privileges: Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value. If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the term of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner, as the case may be. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lien of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement; provided, in no event shall any such Mortgagee or its successors or Bixby Old Ranch Development Agreement 24 • Bixby Old Ranch Townianter Development Agreement City of Seal Beach November 23, 1998 assigns be entitled to a building permit or occupancy certificate until all fees and other obligations due by Owner under this Agreement have been performed and/or paid to the City, all defaults have been cured, and all otherwise applicable conditions to such permit or certificate have been satisfied. 4. GENERAL PROVISIONS 4.1 Approval Procedure: Recordation. The following procedure shall govem approval of this Agreement (which shall precede the execution hereof by the City): Prior to City Council approval of this Agreement Owner shall execute this Agreement; provided, however, that Owner shall have the right within 90 days of the Approval Date to withdraw its execution should it determine in its sole discretion that the teens and conditions contained in the Project Approvals render the development of the Property in accordance with this Agreement uneconomic. Upon such withdrawal of the Owner's signature, the Project Approvals shall have no further force or effect. Notwithstanding the foregoing, Owner shall have no right to withdraw its execution if, after the Approval Date, Owner takes any affirmative step to avail itself of the benefits of this Agreement or to implement the Project Approvals. City Council shall undertake all necessary proceedings to consider this Agreement in accordance with the procedures established by Article 27.5 of the Zoning Ordinance. Approval by the City shall be by adoption of the Approval Ordinance. As provided in Section 65868.5 of the Development Agreement Act, the City shall cause a copy of this Agreement to be recorded with the County Recorder within ten (10) days following the Effective Date. Any recording costs shall be paid by Owner. 4.2 Cooperation and Implementation 4.2.1 City represents that it will cooperate with Owner to the fullest extent reasonable and feasible to implement this Agreement. Upon satisfactory completion by Owner of all of its preliminary actions and payments of appropriate fees, City shall promptly commence and diligently proceed to complete all steps necessary for the implementation of this Agreement and the development of the Property in accordance with the terms of this Agreement, including, but not limited to, the processing and checking of any and all Project Approvals, agreements, covenants and related matters required under the conditions of this Agreement, building plans and specifications, and any other plans necessary for the development of the Property, requests for inspections and certificates of occupancy, filed by or on behalf of Owner. Owner shall, in a timely manner, provide City with all documents, plans and other information necessary for City to carry out its obligations hereunder. Bixby Old Ranch Development Agreement 25 • • Bixby Old Ranch Towne Center Development Agreement City of Seal Beach November 23, 1998 4.2.2 If any legal action or other proceeding is instituted by a third party or parties, other governmental entity or official challenging the validity of any provision of the Project Approvals, of the FEIR, or of this Development Agreement, Owner and City shall cooperate in defending any such action. City shall notify Owner of any such legal action against City within ten (10) working days after City receives service of process, except for any petition for injunctive relief, in which case City shall notify Owner inunediately upon receipt of notice thereof. Owner shall indemnify, hold harmless and defend City, and any of its officers, employees or agents for any claim or lawsuit brought to challenge the validity or enforcement of the Project Approvals, the FEIR, or this Development Agreement, instituted by a third party or another governmental entity or official; provided, however, that if City fails promptly to notify Owner of any legal action against City, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible for City's defense. Owner shall reimburse all of City's defense costs including, without limitation, court costs, attorneys fees and expert witness fees. Owner shall promptly pay all monetary awards, judgments, • verdicts, court costs and attorneys fees that may be awarded in such action. City shall be entitled to select counsel to conduct its defense in any such action; provided, however, that City shall instruct such counsel to cooperate with Owner as provided in this Section IV(B)(2). 4.2.3 The filing of any lawsuit(s) by a third party (not a party to this Agreement) after the Effective Date against City and/or Owner relating to this Agreement or to other development issues affecting the Project shall not delay or stop the processing or issuance of any permit or authorization necessary for development of the Project, unless the City in good faith determines that such delay is legally required. 4.2.4 To the fullest extent permitted by law, Owner hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees ") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, engineers, consultants or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Owner or any of its officers, agents, servants, lessees, employees, contractors, subcontractors, materiahnen, suppliers or their officers, agents, servants, lessees, or employees, or arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or Project Approvals, any construction permitted pursuant to this Agreement or Project Approvals, or any subsequent use of the Property, or any portion thereof, permitted by this Agreement or Project Approvals. Bixby Old Ranch Development Agreement 26 Bixby Old Ranch Townater Development Agreement City of Seal Beach November 23, 1998 • 4.2.5 These indemnity provisions shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Owner shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. 4.3 Enforceability 4.3.1 Default. Subject to Section 4.3.2, failure by any party to perform any term or provision of this Agreement required to be performed by such party shall constitute an event of default ( "Event of Default "). For purposes of this Agreement, a party claiming another party is in default shall be referred to as the "Complaining Party", and the party alleged to be in default shall be referred to as the "Party in Default ". 4.3.2 Procedure Regarding Defaults. 4.3.2.1 The Complaining Party shall give written notice of default to the Party in Default, specifying the default complained of by the Complaining Party. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. 4.3.2.2 The Party in Default shall diligently endeavor to cure, correct or remedy the matter complained of, provided such cure, correction or remedy shall be completed within the applicable time period set forth herein after receipt of written notice (or such additional time as may be deemed by the Complaining Party to be reasonably necessary to correct the matter). 4.3.2.3 Any failures or delays by a Complaining Party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by a Complaining Party in asserting any of its rights and remedies shall not deprive the Complaining Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. 4.3.2.4 If an Event of Default occurs, prior to exercising any remedies, the Complaining Party shall give the Party in Default written notice of such default. If the default is reasonably capable of being cured within thirty (30) days, the Party in Default shall have such period to effect a cure prior to exercise of remedies by the Complaining Party. If the nature of the alleged default is such that it cannot practicably be cured within such 30 day period, the cure shall be deemed to have occurred within such 30 day period if (i) the cure is commenced at the earliest practicable date following receipt of the notice; (ii) the cure is diligently prosecuted to Bixby Old Ranch Development Agreement 27 • • Bixby Old Ranch Towne Center Development Agreement City of Seal Beach November 23, 1998 completion at all times thereafter; (iii) at the earliest practicable date (in no event later than 30 days after the curing party's receipt of the notice), the curing party provides written notice to the other party that the cure cannot practicably be completed within such 30 day period; and (iv) the cure is completed at the earliest practicable date. In no event shall the Complaining Party be precluded from exercising remedies if a default is not cured within sixty (60) days after the first notice of default is given. 4.3.2.5 Subject to the foregoing, if a party fails to cure a default in accordance with the foregoing, the Complaining Party, at its option, may terminate this Agreement pursuant to California Government Code Section 65868, and/or institute legal proceedings pursuant to this Agreement. Notice of intent to terminate shall be by certified mail, return receipt requested. Upon delivery by City of notice of intent to terminate, the matter shall be scheduled for consideration and review by the City Council within thirty (30) days in accordance with Government Code Sections 65867 and 65868. Upon consideration of the evidence presented in said review and a determination by the City Council based thereon, City may give written notice of termination of this Agreement to the defaulting party. Any determination of default (or any determination of failure to demonstrate good faith compliance as a part of annual review) made by City against Developer, or any person who succeeds to Developer with respect to any portion of the Subject Property, shall be based upon written findings supported by substantial evidence in the record. Any purported termination of this Agreement for alleged default shall be subject to review in the Superior Court of the County of Orange pursuant to Code of Civil Procedure § 1094.5(c). 4.3.2.6 Without limitation, evidence of default may arise in the course of the regularly scheduled annual review described in Section 4.3.3. below. 4.3.2.7 The parties understand that the Development Agreement Law authorizes this Development Agreement to bind the City even as to actions taken by voters of City. If a court of competent jurisdiction enters a final, non - appealable order to the contrary and City fails or refuses to perform its obligations under this ° Agreement solely to comply with a measure adopted by initiative after entry of such a final, non - appealable order subjecting this Agreement to the effects of legislation adopted by initiative after the Ordinance Date, this Agreement shall be modified or suspended to the extent required by Government Code Section 65869.5 and Owner's remedies by reason thereof shall be limited to reformation or rescission of this Agreement. 4.3.3 Annual Review 4.3.3.1 Responsibilities of the Parties. 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. Subject to the notice and Bixby Old Ranch Development Agreement 28 • Bixby Old Ranch Townter Development Agreement City of Seal Beach November 23, 1998 cure procedure set forth in Section 4.3.2, such a periodic review may result in amendment or termination of this Agreement, provided a default has been established under the terms of this Agreement. Pursuant to Government Code Section 65865.1, as amended, Owner shall have the duty to demonstrate its good faith compliance with the terms of this Agreement at such periodic review. The parties recognize that this Agreement and the documents incorporated herein could be deemed to contain many • requirements (i.e., construction standards, landscape standards, etc.) and that evidence of each and every requirement would be a wasteful exercise of the parties' resources. Accordingly, Owner shall be deemed to have satisfied its duty of demonstration if it presents evidence satisfactory to the City of its good faith and substantial compliance with the major provisions of this Agreement, including information concerting the uses made of the Property and of any reservations and dedications to the City. Any party may address any requirement of this Agreement during the review. However, ten (10) days' written notice of any requirement to be addressed shall be made by the requesting party. If at the time of review an issue not previously identified in writing is required to be addressed, the review at the request of either party shall be continued to afford sufficient time for analysis and preparation. Each party shall bear its own costs required to be incurred in order to comply with this Agreement, as the result of such annual review or otherwise. 4.3.3.2 Opportunity to be Heard. Upon written request to City by Owner, Owner shall be permitted an opportunity to be heard orally and/or in writing at a hearing before the City Council regarding its performance under this Agreement. Owner shall also be heard before the City Council at any required public hearing concerning a review of action on the Agreement. 4.3.3.3 Information to be Provided Owner. The City shall, to such an extent as is practical, deposit in the mail to Owner a copy of staff reports and related exhibits concerning contract performance a minimum of ten (10) calendar days prior to any such review or action upon this Agreement by the Planning Commission or the City Council. • 4.3.4 Institution of Legal Action ' 4.3.4.1 Subject to notice of default and opportunity to cure under Sections 4.3.1 and 4.3.2, and subject further to the limitation on remedies set forth in Section 4.3.5, in addition to any other rights or remedies, any party to this Agreement may institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation hereof, or to obtain any other remedies consistent with this Agreement. 4.3.4.2 If a legal action or proceeding is brought by any party to this Agreement because of an Event of Default under this Agreement, or to enforce a provision hereof, the prevailing party shall be entitled to reimbursement of all costs Bixby Old Ranch Development Agreement 29 • Bixby Old Ranch Towi nter Development Agreement City of Seal Beach November 23, 1998 and expenses, including attorneys fees, incurred in prosecuting such legal action or proceeding. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. 4.3.5 Remedies. The parties would not have entered into this Agreement without the limits on damages under this Agreement set forth herein. Accordingly, the parties agree that each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, subject to the following limitations: • (a) City and all persons acting on behalf of the City shall not be liable in monetary damages to Owner, or to any successor in interest, or to any other person. Owner covenants not to sue for monetary damages or claim any monetary damages: (i) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or (ii) For the taking, impairment or restriction of any property right or interest as the result of or arising under or pursuant to this Agreement, but excluding claims . based upon applicable obligations of the City acting in its governmental capacity and not as a party to this Agreement, and reserving the reserved rights and remedies described in Section 4.3.5(d); or (iii) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. (b) Owner shall not be liable in monetary damages to City, or to any person acting on behalf of City, and City covenants not to sue for damages or claim any monetary damages: (i) ' For failure to construct and/or open any particular use on the Property, or any breach of this Agreement or for any cause of action which arises out of this Agreement; or (ii) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement; (iii) Provided, however, that City reserves the right to sue for any monetary sums due City for any Development Impact Fee or other monetary sum due it under this Agreement, or for City's reasonable cost of completing any public improvement Owner is required to construct pursuant to this Agreement. • Bixby Old Ranch Development Agreement 30 . . ....... . _ .. _ . . . . 0 Bixby Old Ranch Tter Development Agreement City of Seal Beach November 23, 1998 (c) The parties acknowledge that, except as provided in Section 4.3.5(b)(iii), above, money damages and remedies at law generally are inadequate and that specific performance or writ of mandate is the exclusive remedy for the enforcement of this Agreement and should be available to all parties for the following reasons: (i) Money damages are unavailable against City, or against Owner except as provided above; (ii) Due to the size, nature and scope of the development on the Property, it will not be practical or possible to restore the Property twits preexisting condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. Owner has invested significant time and resources and performed extensive planning and processing of such development in agreeing to the terms of this Agreement, and will be investing even more significant time and resources in implementing such development in reliance upon those terms, and it will not be possible to determine the sum of money that would adequately compensate Owner for such efforts. By the same token, City will have invested substantial time and resources and will have permitted irremediable changes to the land and increased demands on the surrounding infrastructure and will have committed, and will continue to commit, to development in reliance upon the commitment to provide infrastructure and related improvements and other exactions to meet the needs of the proposed development and to mitigate its effects on the area and upon City and the public at large, all in reliance upon the terms of this Agreement, and it would not be possible to determine a sum of money which would adequately compensate City for such undertakings. For this reason, the parties hereto agree that if any party fails to carry out its obligations under this Agreement, an injured party shall be entitled to non- damages remedies, including the remedy of specific performance of this Agreement. (d) Nothing in this Agreement shall be deemed to waive or limit any rights and remedies that the parties would otherwise have against the other in the absence of this Agreement with respect to injury caused by the negligence or willful misconduct of a ley 4.4 Notices. All notices or other communications required hereunder shall be in writing and shall be personally delivered (including by means of professional messenger service), or sent by registered or certified mail, postage prepaid, return receipt required, or by electronic facsimile transmission followed by delivery of a "hard" copy, and shall be deemed received on the date of receipt personally, by registered or certified mail or by facsimile. • Bixby Old Ranch Development Agreement 31 • • Bixby Old Ranch Towne Center Development Agreement City of Seal Beach November 23, 1998 Unless otherwise indicated in writing, such notice shall be sent addressed as follows: If to the City: City Manager City of Seal Beach 211 8th Street Seal Beach, California 90740 With a copy to: City Attorney Quinn M. Barrow Richards, Watson & Gershon 333 South Hope Street, 38TH Floor Los Angeles, California 90071 -1469 If to Owner: Bixby Ranch Company 3010 Old Ranch Parkway, Suite 100 Seal Beach, CA 90740 -2750 Attn: Ronald A. Bradshaw With a copy to: Stephanie R. Scher Kane, Ballmer & Berkman 515 S. Figueroa St., Suite 1850 Los Angeles, California 90071 -3301 4.5 Termination 4.5.1 As to Property and all of the rights of Owner hereunder, and except as otherwise provided in this Agreement, this Agreement shall be deemed terminated and of no further effect upon the expiration of the Term of this Agreement. 4.5.2 Subject to the notice and cure provisions set forth in Section 4.3.2, the City shall have the right to terminate this Agreement as to the Property and the rights of Owner hereunder, in the event Owner defaults and fails to cure such default within the respective curative period. 4.5.3 Subject to the notice and cure provisions set forth in Section 4.3.2, Owner shall have the right to terminate this Agreement in the event the City defaults in its obligation to issue permits for the Property as provided in this Agreement. Should Bixby Old Ranch Development Agreement 32 • Bixby Old Ranch Tcnvilinter Development Agreement City of Seal Beach November 23, 1998 • Owner tenninate for such reason, (i) all property interests dedicated to City pursuant to Section 3.2.5.1, 3.2.5.2, 3.2.5.3, 3.2.5.4, 3.2.5.6(1), 3.2.5.7 and 3.2.5.9 shall revert to Bixby Ranch Company; (ii) the restrictions on use of the Golf Course effected in accordance with Section 3.2.5.10 shall terminate; and (iii) the zoning of the Old Ranch Tennis Club shall revert to C -2. 4.5.4 Upon the termination of this Agreement pursuant to Section 4.5.2 or 4.5.3, neither party shall have any further right or obligation with respect to the Property hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement. . 4.6 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 4.7 Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 4.8 Modification. Amendment or Extension. Subject to any notice and hearing requirements imposed by law, this Agreement may be modified, amended and/or extended from time to time by mutual written consent of the City and Owner in the same manner as its adoption by ordinance as set forth in Government Code Sections 65867, 65867.5 and 65868 and the Approval Ordinance. 4.9 Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and Owner and development of Property hereunder may demonstrate that refinements and clarifications are appropriate with respect to the details of performance of the City and Owner. If and when, from time to time, during the term of this Agreement, the City and Owner agree that such clarifications are necessary or appropriate, the City and Owner shall effectuate such clarifications through operating memoranda approved by the City and Owner, which, after execution, shall be attached hereto as addenda and become a part hereof, and may be further clarified from time to time as necessary with future approval by the City and Owner. No such operating memoranda shall constitute an amendment to this Agreement requiring public notice or hearing. The City Manager, in consultation with the City Attorney, shall be authorized to make the determination on behalf of the City whether a requested clarification may be effectuated pursuant to this Section 4.9 or whether the requested clarification is of such a character to constitute an amendment hereof pursuant to Section 4.8 above. The City Manager shall be authorized to execute any operating memoranda hereunder on behalf of the City. • Bixby Old Ranch Development Agreement 33 II 0 Bixby Old Ranch Towne Center Development Agreement City of Seal Beach November 23, 1998 4.10 Conflicts of Law 4.10.1 Conflict with State or Federal Laws. 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 (a) 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, and (b) Owner and the City staff shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this Agreement, but only to the minimum extent necessary 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 this Agreement, the matter shall be scheduled for hearings before the Council. Ten (10) days' written notice of such hearing shall be given, pursuant to Government Code Section 65854.5. The Council, at such hearing, shall determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation. Owner, at the hearing, shall have the right to offer oral and written testimony. Any modification or suspension shall be taken by the affirmative vote of not less than a majority of the authorized voting members of the Council. Any suspension or modification may be subject to judicial review. 4.10.2 Cooperation in Securing Permits. The City shall cooperate with Owner in the securing of any permits which may be required as a result of such modifications or suspensions. 4.11 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought and referring expressly to this Section. No waiver of any right or remedy in respect of any occurrence or event shall be deemed a waiver of any right or remedy in respect of any other occurrence or event. • 4.12 Successors and Assigns. Except as expressly provided to the contrary in this Agreement, the burdens and obligations of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement and all successors in interest to the Property or any portion thereof or any interest therein, and shall be covenants running with the land. 4.13 Governing State Law. This Agreement shall be construed in accordance with the laws of the State of California. 4.14 Constructive Notice and Acceptance. Every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every provision Bixby Old Ranch Development Agreement 34 ID Bixby Old Ranch Towneter Development Agreement City ofSeal Beach November 23, 1998 contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Property. 4.15 Statement of Compliance. Within fifteen (15) working days following any written request, in accordance with the notice provisions of this Agreement, which either party may make from time to time, the other party shall execute and deliver to . the requesting party a statement certifying that: (a) this Agreement is unmodified and in full force and effect or, if there have been modifications hereto, that this Agreement is in full force and effect, as modified, and stating the date and nature of such modifications; (b) there are no current uncured defaults under this Agreement or specifying the dates and nature of any such defaults; and (c) any other information reasonably requested. The failure to deliver such statement within such time shall be conclusive upon the party which fails to deliver such statement that this Agreement is in full force and effect without modification except as may be represented by the requesting party and that there are no uncured defaults in the performance of the requesting party. Said statement(s) shall be in the form reasonably satisfactory to the City, Owner and to any purchaser, lender, title company, governmental agency, or other person reasonably requesting such statement(s) in connection with sale, use, development, construction, financing or marketing of the Property. The City and Owner, for their own respective uses, shall also be entitled to obtain a statement of • compliance at any reasonable tune. 4.16 Covenant of Good Faith and Fair Dealing. No party shall do anything which shall have the effect of harming or injuring the right of the other parties to receive the benefits of this Agreement. 4.17 Covenant of Cooperation. Owner and the City shall cooperate with and assist each other in the performance of the provisions of this Agreement, including assistance in obtaining permits for the development of the Property which may be required from public agencies other than the City: Owner reserves the right to challenge any ordinance, measure, moratorium or other limitation in a court of law if it becomes necessary to protect the development rights vested in the Property pursuant to this Agreement. 4.18 Further Actions and Instruments. The parties to this Agreement shall cooperate with and provide reasonable assistance to the other parties to the extent contemplated in the perfonnance of all obligations under this Agreement and the satisfaction of the conditions of the Agreement. Upon the request of any party, the other parties shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. Bixby Old Ranch Development Agreement 35 III Bixby Old Ranch Townnter Development Agreement City of Seal Beach November 23, 1998 4.19 Section Headings. All Article and Section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 4.20 Enforced Delay (Force Majeure). (a) In addition to specific provisions of this Agreement, performance by any party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entities (but only as to delays or defaults on the part of Owner), enactment of conflicting state or federal laws or regulations (but only if the party claiming delay complies at all times with the provisions of this Agreement pertaining to such conflicting laws), delays caused by the delay or failure by any entity other than the party claiming such delay to provide financing for or construction of needed public facilities or infrastructure as contemplated or required by this Agreement, delays due to the enforcement of environmental regulations, litigation, or similar bases for excused performance. . (b) An extension of time for any such cause (a "Force Majeure Delay ") shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other parties within thirty (30) days of knowledge of the commencement of the cause. Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until the party claiming such delay and interference delivers to the other party written notice describing the event, its cause, when and how such party obtained knowledge, the date the event commenced, and the estimated delay resulting therefrom. Any party claiming a Force Majeure Delay shall deliver such written notice within thirty (30) days after it obtains actual knowledge of the event. Times of performance under this Agreement may also be extended in writing by the City. (c) Notwithstanding the first sentence of paragraph (b), above, the following shall apply: (i) Owner shall be entitled to a Force Majeure Delay for a period longer than the period of enforced delay if the City Council determines that such longer period is reasonably required; and (ii) Owner shall be entitled to a Force Majeure Delay notwithstanding the fact that Owner may not have given timely notice to the City, if the City Council determines that such Force Majeure Delay is reasonably required. 4.21 Emergency Circumstances (a) If, as the result of specific facts, events or circumstances, the City believes that a severe and immediate emergency threat to the health or safety of the City or its residents, meeting the requirements of subparagraph (b), below, requires the Bixby Old Ranch Development Agreement 36 • Bixby Old Ranch Tcnmenter DevelopmentAgreement City of Seal Beach November 23, 1998 modification, suspension or termination of this Agreement, the City will, after reasonable notice to Owner (in light of all the circumstances), hold a hearing on such facts, events or circumstances, at which Owner shall have the right to address the City Council. The City shall have the right to modify, suspend or terminate this Agreement, in whole or in part, if, following such hearing, the City Council determines that such modification, suspension or termination is required in order to protect the health and safety of the City and its residents. (b) For purposes of this Section 4.21, an emergency shall meet each of the following criteria: (i) it must be based on genuine health, safety and general welfare concerns (other than general growth management issues); (ii) it must arise out of a documented emergency situation, as declared by the President of the United States, Governor of California, or the Mayor, City Council or City Manager of the City of Seal Beach; and (iii) based upon its terms or its effect as applied, it does not apply exclusively or primarily to the Property. 4.22 Severability. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person, by judgment or court order, shall in no way affect any of the other provisions hereof or the application thereof to any other person or circumstance, and the same shall remain in full force and effect, unless enforcement of this Agreement, as so invalidated, would be unreasonable or inequitable under all the circumstances or would frustrate the purposes of this Agreement and/or the rights and obligations of the parties hereto. 4.23 Interpretation. The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. The parties hereto acknowledge and agree that this Agreement has been prepared jointly by the parties and has been the subject of arm's length and careful negotiation over a considerable period of time, that each party has independently reviewed this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall be utilized. 4.24 Counterparts. This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original and all of which when taken together shall constitute one and the same instrument. 4.25 Entire Agreement. This Agreement consists of 38 pages and twenty (20) exhibits (designated "A" through "T "), which constitute the entire understanding and agreement of the parties. Bixby Old Ranch Development Agreement 37 • 0 Bixby Old Ranch Towne Center Development Agreement City of Seal Beach November 23, 1998 IN WITNESS WHEREOF, the parties have each executed this Agn'ement on the date first above written. CITY OF SEAL BEACH • • r�� Ma _ ► '.► / II T: F i it Clerk APPROVED AS TO FORM: BY: City Attorney BIXBY RANCH COMPANY, a California limited partnership By: Bixby Management Corporation, , a Delaware Corporation, its General ' Partner By: & Its: Senior Vice President By: / 'r . Its: Senior Vice President' 1 ' 4'1,,, 6� . • 6 N Bixby Old Ranch Development Agreement 38 r • • t ' tl • • Bixby Old Ranch TowneSterDevelopment Agreement City of Seal Beach November 25, 1998 EXHIBIT "A" ANTICIPATED GOLF COURSE CONFIGURATION Bixby old Ranch Development Agreement 39 . .1.■■./Allr..........., 0 ...... • 111■. • ••■•• • /" SEAL SEXM BOULEVARD L i i ' ,. � f / I i f 4l o A 1 .. Q . fr, 1 ,J \ .100 . \ ti . t / \\ N , 6 R N. \ \\I ig \ 1 \ \ g 1 ri _ 1 , I Ill \ e maw MO. r • •• OP MOM 1 - ai ' fllr� a a�a.� p il Oou �[ �a�tt emir,' RANCM P locum -1.--.7.--" `'C �" O.D MOO NM WM mow( .� •Ise Imam poi woe = es MM.el ....__.....__,_ I Bixby Old Ranch Townfiter Development Agreement City of seal Beach November 25, 1998 EXHIBIT "B" OLD RANCH TENNIS CLUB LEGAL DESCRIPTION In the City of Seal Beach, County of Orange, State of California, being an undivided portion of Sections 31 and 32, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, described as follows: Beginning at the intersection of the northerly line of Parcel 1 of the land described in the deed to the State of California recorded February 2, 1960 in Book 5082, Page 307 of Official Records with the southeasterly line of Lampson Avenue 80.00 feet wide, as described in the deed to the City of Seal Beach recorded April 7, 1965 in Book 7475 Page 46 of Official Records, said point being the beginning of a curve in said southeasterly line, concave northwesterly having a radius of 1040.00 feet, a radial to said point bears S 00 °11'56" W; thence northeasterly 930.35 feet along said curve through a central angle of 51°15'17"; thence N 38 °56'39" E 145.00 feet along said southeasterly line to the westerly corner of Parcel 3 of the land described in Book 7594, Page 609 of Official Records; thence N 89°08'14" E 39.05 feet along the southerly line of said Parcel 3 to the southwesterly line on Parcel 2 described in said deed; thence S 51 °03'21" E 89.94 feet along said southwesterly line to the beginning of a curve concave northeasterly having a radius of 430.00 feet; thence southeasterly 282.46 feet along said curve through a central angle of 37 °38'25" to a point to which a radial bears S 01°18'14" W, said point being the beginning of a curve in the westerly line of Parcel 1 of the land described in the deed to the City of Seal Beach recorded March 13, 1968 in Book 8541, Page 859 of Official Records, said curve being concave southwesterly having a radius of 15.00 feet; thence southeasterly 23.27 feet along said curve through a central angle of 88°53'42"; thence S 00 °11'56" W 220.78 feet along said westerly line to the beginning of a curve concave westerly having a radius of 40.00 feet; thence southerly 21.49 feet along said curve through a central angle of 30 °47'03" to the beginning of a reverse curve concave easterly having a radius of 70.00 feet; thence southerly 109.69 feet along said curve through a central angle of 89 °47'00" to said northerly line of the land of the Sate of California; thence N 89 °48'04" W along said northerly line to the point of beginning. The above describes an area of 6.735 acres, more or less. . ** ** Bixby old Ranch Development Agreement 40 - --• ---- . ca k_, r 1 E( / • ... • • f�. I i 1 1 /// ++''f / / jr , i . \ . I. • \, �\ its i •. \, r \ ‘. \ / i .../ / � j h ., • i \ • \ \ h i ...\ ,\. \ 1 \ j a % \ . % \ _ 6A i 1 \4%, \ 1 t 4 ' \��. 1 • 6 \ i 1 \ I ••••••••1 \ \ \ i 1 z ` ` . o , 1 I � . sff z • Z — • . 5 . . 1 m ow 1 i - - N44 f 1. �� LL I 1 \ I : 1 I I• L a • Bixby Old Ranch Townetter Development Agreement Ciry of Seal Beach November 25, 1998 EXHIBIT "C" PROPERTY LEGAL DESCRIPTION [ALL PROPERTY TO BE DEVELOPED] Area A: In the City of Seal Beach, County of Orange, State of California, being a portion of Parcel 1 of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county, and being an undivided portion of the Northeast Quarter of Section 31, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, more precisely described as follows: Beginning at the southwest corner of Parcel 2 of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county; thence southerly along the easterly right -of -way of Seal Beach Boulevard a distance of 231.24 feet to the TRUE POINT OF BEGINNING; thence S 89° 48' 30" E a distance of 526.34 feet; thence S 00° 11' 30" W a distance of 8.68 feet; thence S 89° 48' 30" E a distance of 450.39 feet; thence S 44 48' 30" E a distance of 47.26 feet; thence S 00° 11' 30" W a distance of 83.28 feet; thence S 45° 11' 30" W a distance of 113.13 feet; thence S 00° 11' 30" W a distance of 464.63 feet; thence N 89° 48' 30" W a distance of 74.75 feet; thence S 45 11' . 30" W a distance of 35.36 feet; thence S 00° 11' 30" W a distance of 528.45 feet; thence N 89° 48' 30" W a distance of 534.73 feet; S 45 11' 30" W a distance of 36.64 feet thence S 00° 11' 30" W a distance of 58.69 feet; thence N 89° 48' 30" W to the easterly right -of -way of Seal Beach Boulevard, a distance of approximately 289.76 feet; thence northerly along said right -of -way to the TRUE POINT OF BEGINNING. The above describes an area of 26.045 acres, more or less. Area B: In the City of Seal Beach, County of Orange, State of California, being Parcels 1, 2 and 3 of the map filed in Book 15, Page 11 of Parcel Maps, in the Office of the County Recorder of said county. The above describes an area of 13.567 acres, more or less. Area Bixby old Ranch Development Agreement 41 • Bixby Old Ranch Towne center Development Agreement Ciry of Seal Beach November 25. 1998 In the City of Seal Beach, County of Orange, State of California, being an undivided portion of Sections 31 and 32, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, described as follows: Beginning at the northeast corner of the southwest quarter of the northeast quarter of said Section 31; thence southerly along the east line of the southwest quarter of the northeast quarter of said Section 31 a distance of 1082.46 feet to the southeasterly -most corner of Vesting Tentative Map Number 15797, said point also being the TRUE POINT OF BEGINNING; thence southerly along said east line of the southwest quarter of the . northeast quarter of said Section 31 to the south line of the northeast quarter of said Section 31; thence easterly along the south line of the northeast quarter of said Section 31 and the south line of the northwest quarter of said Section 32 to the northerly right -of- way line of Lampson Avenue, 80 feet wide; thence westerly, southwesterly and northwesterly along said northerly right -of -way line to the easterly right -of -way line of Seal Beach Boulevard, 80 feet wide; thence northerly along said easterly right -of -way line of Seal Beach Boulevard to the southwest corner of the land shown on Tentative Tract Map Number 15767; thence departing said Seal Beach Boulevard right -of -way S 89 °48'30" E a distance of 289.76 feet; thence N 00 °11'30" E a distance of 58.69 feet; thence N 45 °11'30" E a distance of 36.64 feet; thence S 89 °48'30' E a distance of 534.73 • feet; thence N 00 °11'30" E a distance of 319.03 feet; thence N 00 °11'30" E a distance of 209.42 feet; thence N 45 °11'30" E a distance of 35.36 feet; thence S 89 °48'30" E a distance of 74.75 feet; thence S 00 °11'30" W a distance of 17.19 feet; Thence S 89 °48'30" E a distance of 330.08 feet to the TRUE POINT OF BEGINNING; The above describes an area of 157.290 acres, more or less. Area D: In the City of Seal Beach, County of Orange, State of California, being a portion of Parcel 1 of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county, and being an undivided portion of the Northeast Quarter of Section 31, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, more precisely described as follows: Beginning at the southwest corner of Parcel 2 of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county; thence southerly along the easterly right -of -way of Seal Beach Boulevard a distance of 231.24 feet; thence S 89° 48' 30" E a distance of 526.34 feet; thence S 00° 11' 30" W a distance of 8.68 feet; thence S 89° 48' 30" E a distance of 450.39 feet; thence S 44 48' 30" E a distance of 47.26 feet; thence S 00° 11' 30" W a distance of 83.28 feet; thence S 45° 11' 30" W a distance of 113.13 feet; thence S 00° 11' 30" W a distance of 481.82 feet; thence S 89° 48' 30" E a distance of 330.08 feet to the east line of the southwest quarter of the northeast quarter of said Section 31; thence northerly along said east line to the north line Bixby Old Ranch Development Agreement 42 • Bixby Old Ranch Townater Development Agreement Ciry ofSeal Beach November 25, 1998 of said southwest quarter of the northeast quarter of said Section 31, a distance of approximately 1082.46 feet; thence westerly along said north line to the northeast corner of said Parcel 2 of the map filed in Book 16, Page 14 of Parcel Maps, as amended by Lot Line Adjustment LL87 -1, filed as Instrument Number 87- 500586 in the Office of the County Recorder of said county, a distance of approximately 1045.24 feet; thence southerly along the east line of said Lot Line Adjustment to the southeast corner of said Lot Line Adjustment, a distance of approximately 164.28 feet; thence west along the south line of said Lot Line Adjustment and the south line of said Parcel 2, a distance of approximately 214.97 feet, to the point of beginning. The above describes an area of 15.649 acres, more or less. ** ** • Bixby Old Ranch Development Agreement 43 Bixby Old Ranch Towneeter Development Agreement Ciry of Seal Beach November 25, 1998 EXHIBIT "D" AREA D [RESIDENTIAL DEVELOPMENT AND PARK FACILITY] Bixby Old Ranch Development Agreement 44 LAN* CAPE SET BACK �a �„ ♦ 1 --- (: . • —• —• • —• _ ' h • -�'' r .._.__... • ��•,. I l i ! i A � . �'�: 1 �, ' r *1..•1 CIO 1 1 a 1 : ••-- 1 km . • ; • . / na pp ii I g I \ s2 • z I i . oillifiii . illiri ITII II I 61 \ — I i i ril 1 hp - r ill 1. i ts 1 i � i fig • I \o i .a .. i• ,i . �! i� us = . :\ • ., 1 • ' • ••••• 1 V am= ; • Z 1 I 0 11F.(1 r Lc lig ,.1-g . • III f � z . . • • i 1 AREA D • • .._ li . • 1 Nasi' I . 1 1 . . i 1 • i . __� . NW LOS ALAMITOS Imam OR INOMMIU c_.3■1 .JU_t GO ou sue( tow. anti COMPANY wp � , � �., • Bixby Old Ranch TowrOnter Development Agreement ary of Seal Beach November 25, 1998 EXHIBIT "D" LEGAL DESCRIPTION In the City of Seal Beach, County of Orange, State of California, being a portion of Parcel 1 of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county, and being an undivided portion of the Northeast Quarter of Section 31, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, more precisely described as follows: Beginning at the southwest corner of Parcel 2 of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county; thence southerly along the easterly right -of -way of Seal Beach Boulevard a distance of 231.24 feet; thence S 89° 48' 30" E a distance of 526.34 feet; thence S 00° 11' 30" W a distance of 8.68 feet; thence S 89° 48' 30" E a distance of 450.39 feet; thence S 44 48' 30" E a distance of 47.26 feet; thence S 00° 11' 30" W a distance of 83.28 feet; thence S 45° 11' 30" W a distance of 113.13 feet; thence S 00° 11' 30" W a distance of 481.82 feet; thence S 89° 48' 30" E a distance of 330.08 feet to the east line of the southwest quarter of the northeast quarter of said Section 31; thence northerly along said east line to the north line of said southwest quarter of the northeast quarter of said Section 31, a distance of approximately 1082.46 feet; thence westerly along said north line to the northeast corner of said Parcel 2 of the map filed in Book 16, Page 14 of Parcel Maps, as amended by Lot Line Adjustment LL87 -1, filed as Instrument Number 87- 500586 in the Office of the County Recorder of said county, a distance of approximately 1045.24 feet; thence southerly along the east line of said Lot Line Adjustment to the southeast corner of said Lot Line Adjustment, a distance of approximately 164.28 feet; thence west along the south line of said Lot Line Adjustment and the south line of said Parcel 2, a distance of approximately 214.97 feet, to the point of beginning. The above describes an area of 15.649 acres, more or less. ** ** • Bixby Old Ranch Development Ageement 45 I Bixby Old Ranch Townerter Development Agreement Ci y of Seal Beach November 25, 1998 EXHIBIT "E" AREA A [26 ACRE RETAIL /COMMERCIAL CENTER] Bixby Old Ranch Development Agreement 46 ---_ _- AREA A M • 1: ; II TRUE POINT OF BEGINNI NG ,• ; � • •• - . • - - - � -. - ..•i•IIiib1yN..fi.• /6•• .. 1, -- • • - Y - '� / �_ 1 ' y {a „� T 14 a \Jer. or 1 ��� .1 . z A i r . .. o f Ili i i 0 A 008ME > )4 : : 17 1 r,o r_ _ ___ „ _- ENNE a : ! s : s NEW. J.. q . ► N CD i in ' Nail • -f . Mil , > 5 - , :-.. lat 10 i- ZIN. - ii: 1114 1 ;� / • "ia 4 ...... lutfor • .. _.. P'111 ii _. 14161/1 OpK ...Imp. ,; I i II t 1 • ! r '4\ --..".. r 1 1 . " 7 1 '” Fri r FT , A vet Allii a eilbill � 1 ir;fl � 9h 1 I 1/+� 1 1 .1 4 ) . ff.w ..• �.. i giim4inais UNCH COMPANY 1:1161.11114.111:111.118"algrill . - - -1.1"mm”. Acju-g---- Bixby Old Ranch Towneter Development Agreement Ciry ofSeal Beach November 25, 1998 • EXHIBIT "E" LEGAL DESCRIPTION In the City of Seal Beach, County of Orange, State of California, being a portion of Parcel ] of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county, and being an undivided portion of the Northeast Quarter of Section 31, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, more precisely described as follows: Beginning at the southwest corner of Parcel 2 of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county; thence southerly along the easterly right -of -way of Seal Beach Boulevard a distance of 231.24 feet to the TRUE POINT OF BEGINNING; thence S 89° 48' 30" E a distance of 526.34 feet; thence S 00° 11' 30" W a distance of 8.68 feet; thence S 89° 48' 30" E a distance of 450.39 feet; thence S 44 48' 30" E a distance of 47.26 feet; thence S 00° 11' 30" W a distance of 83.28 feet; thence S 45° 11' 30" W a distance of 113.13 feet; thence S 00° 11' 30" W a distance of 464.63 feet; thence N 89° 48' 30" W a distance of 74.75 feet; thence S 45 11' 30" W a distance of 35.36 feet; thence S 00° 11' 30" W a distance of 528.45 feet; thence N 89° 48' 30" W a distance of 534.73 feet; S 45 11' 30" W a distance of 36.64 feet thence S 00° 11' 30" W a distance of 58.69 feet; thence N 89° 48' 30" W to the easterly right -of -way of Seal Beach Boulevard, a distance of approximately 289.76 feet; thence northerly along said right -of -way to the TRUE POINT OF BEGINNING. The above describes an area of 26.045 acres, more or less. ** ** . Bixby Old Ranch Development Agreement 47 "I Bixby Old Ranch Tawnier Development Agreement Ciry of Seal Beach November 25, 1998 EXHIBIT "F" AREA C [157 ACRE COMMERCIAL RECREATIONAL USE] Bixby Old Ranch Development Ageement 48 .. . - -_ -.. . . \ \. 1 AREA C 1 j SEAL BEACH BOULEVARD e . e . • e / / • 1 i I 1 2 1 1 NOM' 1 3 O • C Z ! j a o 0 I ` Z co rri Z 0 • • 11- z'� �\ Z 0 1 \ z Z 1 . \ Z 1 s �. CI . f \ • Mr ...... • . 7M ...NNW i 111 i Fle DDust own BIXBY AANp� 2:" a R UR w •• 0.0 owd 1po4 C�N1p C011PANY ai w me � • Baby Old Ranch TterDevelopment Agreement Ciry ofSeal Beach November 25, 1998 EXHIBIT "F" LEGAL DESCRIPTION In the City of Seal Beach, County of Orange, State of California, being an undivided portion of Sections 31 and 32, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, described as follows: Beginning at the northeast corner of the southwest quarter of the northeast quarter of said Section 31; thence southerly along the east line of the southwest quarter of the northeast quarter of said Section 31 a distance of 1082.46 feet to the southeasterly -most corner of Vesting Tentative Map Number 15797, said point also being the TRUE POINT OF BEGINNING; thence southerly along said east line of the southwest quarter of the northeast quarter of said Section 31 to the south line of the northeast quarter of said Section 31; thence easterly along the south line of the northeast quarter of said Section 31 and the south line of the northwest quarter of said Section 32 to the northerly right -of- way line of Lampson Avenue, 80 feet wide; thence westerly, southwesterly and northwesterly along said northerly right -of -way line to the easterly right -of -way line of • Seal Beach Boulevard, 80 feet wide; thence northerly along said easterly right -of -way line of Seal Beach Boulevard to the southwest corner of the land shown on Tentative Tract Map Number 15767; thence departing said Seal Beach Boulevard right -of -way S 89 °48'30" E a distance of 289.76 feet; thence N 00 °11'30" E a distance of 58.69 feet; thence N 45 °11'30" E a distance of 36.64 feet; thence S 89 °48'30' E a distance of 534.73 feet; thence N 00 °11'30" E a distance of 319.03 feet; thence N 00 °11'30" E a distance of 209.42 feet; thence N 45 °11'30" E a distance of 35.36 feet; thence S 89 °48'30" E a distance of 74.75 feet; thence S 00 °11'30" W a distance of 17.19 feet; Thence S 89 °48'30" E a distance of 330.08 feet to the TRUE POINT OF BEGINNING; The above describes an area of 157.290 acres, more or less. • * ** Bixby Old Ranch Development Agreement 49 0 Bixby Old Ranch Town.ier Development Agreement City of Seal Beach November 25, 1998 EXHIBIT "G" AREA B [8.57 ACRE HOTEL, ETC., AND 5 ACRE LANDSCAPING AND STREET . PARCEL] • Bixby old Ranch Development Agreement 50 . -1 ril cli P If' , i .bri i T ,.. if I I 1 �i , Ei � r ; of I '; gip!, d 1 1, ' •=!1ii of br i hill:Mai plq l in I !i ,. 01 x„1 I In ti t jib , , , _ _ _ . 1 u x , 1 I 1 I i 1 ki = if mat I ;kir fi•! Pi • I ` =i�1i :1�hIi i d 1 `• 2 QQ � \It, i�t III V CO a. I ili ii, m Q •l.'!1 j1 ,., I 1 O t i W J i 5v) t ; #� v cc W i SA Q V "�1- m Ud • ' e 1-• C. �� ! AIM 1111 r 1.1..1 1 1 1111 1 s ii t • f ' 11 1 I E 1 11 1 1111 IV/. '' . I / i,jl1,.1,,1 n nl 1 1 4 Q Q I 11111 1 111 i _ _ 11 i 1 11' V e . 8 ,./.,,,, 1% : iii : , 5 I- id ,f., f. 0 II l 1 ' fit r!� 1 :�,, �.• I. 1, _ 44 �. _ _ _.� is ! Ii i i1m t 1 Bixby Old Ranch Towneter Development Agreement Cry of Seal Beach November 25, 1998 EXHIBIT "G" LEGAL DESCRIPTION In the City of Seal Beach, County of Orange, State of California, being Parcels 1, 2 and 3 of the map filed in Book 15, Page 11 of Parcel Maps, in the Office of the County Recorder of said county. The above describes an area of 13.567 acres, more or less. ** ** Bixby Old Ranch Development Agreement 51 • Bixby Old Ranch Townefiter Development Agreement City of Seal Beach November 25, 1998 EXHIBIT "H" DESCRIPTION OF PUBLIC IMPROVEMENTS • Bixby Old Rancb Development Agreement 52 • Bixby Old Ranch Towne.er Development Agreement Ciry of Seal Beach November 25, 1998 EXHIBIT "H" DESCRIPTION OF PUBLIC IMPROVEMENTS Reference Section 3.1.1.1: 2.5 Acre Park Facility Reference Section 3.1.1.4: Landscaped green belt area of approximately 5 acres in the general location and shape shown on Exhibit "G". Reference Section 3.2.5.2: Community Police Center Reference Section 3.2.5.3: Green Belts Reference Section 3.2.5.4: Monument Signs Reference Section 3.2.5.5: Median Landscaping Reference Section 3.2.5.7: Lampson Avenue Enhancements Reference Section 3.2.5.8: Water Retention Basin Reference Section 3.2.5.9: Storm Drain Bixby Old Ranch Development Agreement 53 • Bixby Old Ranch Towmeeer Development Agreement City of Seal Beach November 25, 1998 EXHIBIT "I" MITIGATION MEASURES • • Bixby Old Ranch Development Agreement 54 • Bixby Old Ranch Tollinier Development Agreement Ciry ((Seal Beach November 25.1998 BIXBY OLD RANCH TOWNE CENTER EIR MITIGATION MEASURES ADOPTED BY THE CITY COUNCIL ON NOVEMBER 23, 1998 A. LAND USE A -1. Detailed development plans for Development Areas A, B and D shall include walls, landscaped buffers and building setbacks in order to eliminate potential conflicts with adjacent residential and recreational uses. These detailed plans shall be submitted for review and approval by the Director of Development Services prior to or concurrent with approval of final subdivision maps or plot plans. A -2. Detailed plans for areas adjacent to Lampson Avenue (Development Areas C, D and E) shall include perimeter landscaping and building setbacks to insure compatibility with the Scenic Highways Element of the City General Plan. These detailed plans shall be submitted for review and approval by the Director of Development Services prior to or concurrent with the approval of final subdivision maps or plot plans. A -3. Detailed development plans for Development Area A shall be submitted for review and approval by the Director of Development Services to insure that no more than 20% of commercial space is devoted to restaurants. B. SOCI0- ECONOMICS No Mitigation Measures proposed. C. GEOLOGY C-1. Prior to issuance of a grading permit, the project proponent shall submit a geotechnical report to the City Engineer for approval. The report shall include the information and be in a form as required by the Orange County Grading Manual, Section 5.4 and the Orange County Excavation and Grading Code, Section 7 -1 -819. Project proponent shall reimburse City costs of independent third -party peer review of said geotechnical report. Bixby Old Raub Devdo imeot AQeemantdoc 55 • • Bixby Old Ranch Towne Cotter Development Agreement Ciry of Seal Beach November 25, 1998 C-2. The project applicant shall incorporate measures to mitigate expansive soil conditions, compressible/collapsible soil conditions and liquefaction soil conditions, and impacts from trenching in site - specific Tentative Tract/Parcel Map Review and Rough Grading Plan Review reports prepared by the project geotechnical consultant. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis. The geotechnical consultant's site - specific reports shall be approved by a certified engineering geologist and a registered civil engineer, and shall be completed to the satisfaction of the City Engineer. Project proponent shall reimburse City costs of independent third -party peer review of said site - specific reports. C-3. Loose and soft alluvial soils, expansive clay soils and all existing uncertified fill materials will be removed and replaced with compacted fill during site grading in order to prevent seismic settlement, soil expansion, and differential compaction. C-4. Prior to the initiation of project grading in any development area, all existing utilities will be located and either abandoned and removed, rerouted or protected. C-5. In excavations deeper than four feet but less than ten feet, a slope no steeper than 1.5 to 1 (horizontal to vertical) shall be provided. Steeper slopes or deeper excavations will be provided with shoring for stability and protection. OSHA safety requirements shall be adhered to throughout the entire duration of project earthwork. C-6. All grading procedures, including soil excavation and compaction, the placement • of backfill, and temporary excavation shall comply with City of Seal Beach standards. C-7. Permanent cut and fill slopes shall not exceed 2 to 1 (horizontal to vertical). C-8. Graded, but undeveloped land shall be maintained weed -free and planted with interim landscaping within ninety (90) days of completion of grading, unless building permits are obtained. Planting with interim landscaping shall comply with NPDES Best Management Practices. C-9. Conformance with the latest Uniform Building Code and City Ordinances can be expected to satisfactorily mitigate the effect of seismic groundshaking. Conformance with applicable codes and ordinances shall occur in conjunction with the issuance of building permits in order to insure that overexcavation of soft, broken rock and clayey soils within sheared zones will be required where development is planned. C-10. The potential on -site liquefaction hazard shall be mitigated by removal and recompaction of on -site alluvium soils, installation of subsurface drainage and placement of compacted fill as required. Bixby Old Ranch Development ABreeme t.doc 56 • • Bixby Old Ranch Towne Caws Development Agreement Ciry of Seal Beach November 25. 1998 D. WATER / DRAINAGE D-1. The capacity of the Old Ranch Retarding Basin will be increased to 87.6 acre feet at elevation 12 so that the peak flow exiting the Retarding Basin will be no greater than the pre - project condition thereby eliminating the increase of runoff due to the increase of impervious area. D-2.' The runoff from the 10 -acre area at the northwest corner of the project shall be diverted to the Old Ranch Retarding Basin. The capacity of the Retarding Basin will be further increased to accommodate this increase in flow to a capacity of 88.4 acre feet at elevation 12. D -3. Additional capacity in the Old Ranch Retarding Basin to 100 acre feet at elevation 12 will be provided as a mitigation from the impact of drainage from future upstream development. This increase will be approximately 13 percent over the required holding capacity based upon Mitigation Measures D -1 and D -2 above. D-4. The inlet capacity of on -site catch basins will be constructed a minimum of 25% larger than that required by the City Engineer in order to reduce the potential for debris blockage during major storms. D -5. The project shall reduce the impact of contaminants (oil, grease and rubber) by the use of Best Management Practices (BMP) used to conform to the requirements of the National Pollution Discharge Elimination System (NPDES) provisions in the Clean Water Act. The BMP's used will most likely be the use of oil and grease separators and/or vegetated areas used to biologically treat the contaminated runoff. D-6. The amount of sediment movement during construction will be minimized by the use of NPDES BMP's, including, but not limited to, sandbags, silt fences, straw bales and rock check dams. The construction and condition of the BMP's will be periodically inspected during construction and repairs will be made, when necessary, as required by the NPDES. D -7. Prior to final project design, a project specific Drainage Report shall be prepared by a registered civil engineer in accordance with applicable requirements of the Orange County Flood Control District and the City of Seal Beach. The report shall describe the existing drainage network, existing capacity, pre -and post - project runoff volumes, and any necessary improvements to accommodate proposed project runoff volumes. D-8. Prior to the issuance of grading or building permits, a comprehensive Water Quality Management Plan (WQMP) shall be prepared by a registered civil engineer or a registered professional hydrologist to protect water resources from impacts due to urban contaminants in surface water runoff. The plan shall be prepared in coordination with the Regional Water Quality Control Board, Orange Bixby ow Rands Development Agreemeadoc 37 • • Bixby Old Ranch Towne Center Development Agreement Clot of Seal Beach November 25. 1998 County, and the City of Seal Beach to insuree compliance with applicable NPDES permit requirements. The Plan shall include a combination of structural and non structural Best Management Practices (BMPs) as outlined in Countywide NPDES Drainage Area Management Plan. D-9. On -site irrigation shall not produce standing pools of water on fairways that persist for more than five days. D-10. All project drainage facilities shall be kept free from vegetation and debris that causes any runoff to become impounded for more than five days. E. AIR QUALITY E-1. Prior to the issuance of initial grading or building permits, the applicant shall obtain approval of an Air Quality Mitigation Plan by the Director of Development Services. The Plan shall address each applicable control measure from the 1997 Air Quality Management Plan as listed below in order to determine which control measures are feasible, recommend implementation conditions, and establish methods of applying conditions to contractors, buyers, lessees, tenants and occupants. The project applicant shall reimburse City costs of an independent third party peer review of this Plan. Construction (Short -Term) Impacts a) Use low emission mobile construction equipment. b) Water site and clean equipment morning and evening. c) Wash offtrucks leaving the site. d) Spread soil binders on unpaved roads and parking areas. e) Apply chemical soil stabilizers to all inactive construction areas (previously graded areas which remain inactive for 96 hours). f) Reestablish ground cover on construction site through seeding and watering on portions of the site that will not be disturbed for lengthy periods (such as two months or more). g) Sweep streets if silt is carried over to adjacent public thoroughfares. h) Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. i) Suspend grading operations during first and second stage smog alerts. j) Suspend all grading operations when sustained winds exceed 15 miles per hour. k) Maintain construction equipment engines by keeping them tuned. I) Use low sulfur fuel for stationary construction equipment. m) Configure construction parking to minimize traffic interference. n) Minimize obstruction of through- traffic lanes. o) Provide aflagperson to properly guide traffic and ensure safety at construction sites. p) Schedule operations affecting traffic for off -peak hours where feasible. Bixby ad Ranch Development Aoeemmt.doc 58 • • Bixby OklRanch Towne Caster Development Agreement Ciry afSeal Beach November 25, 1998 q) Develop a traffic plan to minimize traffic flow interference from construction activities (the plan may include advance public notice of routing). r) Utilize existing power sources (e.g. power poles) or clean fuel generators rather than temporary power generators. s) Develop a trip reduction plan to comply with SCAQMD Rule 2202. t) Schedule goods movements for off -peak hours. . u) Employ construction activity management techniques. such as: extending the construction period reducing the number of pieces of equipment. used simultaneously, increasing the distance between the emission sources: reducing or changing the hours of construction, and scheduling activity during off-peak hours. v) Provide on -site power sources during the early stages of the project. w) Use low emission on -site stationary equipment (e.g. clean fuels). x) Require a phased schedule for construction activities to minimize emissions. y) Provide rideshare area and transit incentives for construction personnel. z) Implement or contribute to an urban tree planting program to offset the loss of existing trees at the construction site. Regional Air Quality - Long Term a) Provide local shuttle and regional transit systems and transit shelters.' b) Provide bicycle lanes. storage areas. and amenities. and ensure efficient parking management. c) Provide preferential parking to high occupancy vehicles and shuttle services. and charge parking fees to low occupancy vehicles d) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. e) Employers should provide variable work hours and telecommuting to employees. 1) Provide dedicated turn lanes as appropriate and provide roadway improvements at heavily congested roadways. g) Provide lighter color roofing and road materials and tree planning programs to • comply with the AQMD Miscellaneous Sources MSC-01 measure. h) Comply with the AQMD Regulations and Stationary Sources Operations Enhanced Inspection and Maintenance to reduce emissions of proposed restaurant operations. i) Improve the thermal integrity of the buildings and reduce the thermal load with automated time clocks or occupant sensors. j) Provide on -site services (e.g., ATMs, child care center; and other similar services) k) Employers to provide ridematching. guaranteed ride home. or car pool or vanpool to employees. I) Employers to provide compensation. prizes or awards to ridesharers m) Synchronize traffic signals. n) Provide dedicated parking spaces with electrical outlets for electrical vehicles. o) Install energy efficient street lighting. Bixby ad Ranch Devdopmeat AQame ntdoc S9 • • Bixby Old Ranch Towne Confer Development Agroarent Ciy of Seal Beach • Novonber 25, 1998 p) Landscape with native drought- resistant species to reduce water consumption and to provide passive solar benefits. q) Encourage the use of alternative fuel or low emission vehicles. r) Introduce window glazing. wall insulation. and efficient ventilation methods. s) Provide incentives for solid waste recycling. t) Use devices that minimize the combustion of fossil fuels. F. TRANSPORTATION / CIRCULATION F1. Prior to the application of each building permit, the applicant shall pay City Traffic Impact fees and/or post security in a manner meeting the approval of the Director of Public Works for the "fair share" costs of highway improvements attributed to the proposed project. The proposed project would significantly impact six key intersections in the Year 2001. Further, two intersections will require improvements related to providing access to the Old Ranch Towne Center site. The City of Seal Beach will require the project developers to pay a "fair - share" of the improvement costs for the six intersections as follows: #2: Los Alamitos Boulevard at Spring Street/Cerritos Avenue #3: Los Alamitos Boulevard at Katella Avenue 1112: Seal Beach Boulevard at Lampson Avenue L #13: Seal Beach Boulevard at I405 NB Ramps -Old Ranch Parkway #14: Seal Beach Boulevard at I405 SB Ramps-Beverly Manor #17: Seal Beach Boulevard at Westminster Avenue F -2. Prior to the application for the first building permits for the Towne Center commercial center, the applicant shall obtain approval by the Director of Public Works of a Delivery Vehicle Access and Loading Plan including vehicle turning templates (AASHTO WB -50 and SU -30 design vehicles) analyses demonstrating adequate turning areas. The Director of Public Works shall require that vendors will be informed of the loading dock location and orientation. F -3. Prior to applications for building permits, the applicant shall obtain approval by the Director of Public Works of a Bus Stop and Pedestrian Access Plan. G. BIOLOGICAL RESOURCES G -1. Prior to project construction, the California Department of Fish and Game shall be notified pursuant to California Fish and Game Code Sections 1601 -1603 and the U.S. Army Corps of Engineers in conjunction with their 404 permit process. The proposed project shall provide all required compensation for impacts to on -site wetland habitats. Bixby Ow Ranh Development AQeemmt.doo 60 • • Bixby Old Ranch Towne Canter Development Agreement Ctry ((Seal Beach November 25, 1998 G -2. International Society of Arboriculture (ISA) pruning standards shall be followed on all trees. General pruning guidelines including specifications for making correct pruning cuts, branch selection for different purposes; and topping, as provided by the arborist, shall be followed. G-3. After project construction, trees that have been topped in the past shall undergo reconstructive pruning to improve tree structure and reduce hazards. G-4. All contractors, subcontractors, equipment operators, etc. shall be informed concerning tree preservation standards and procedures. Tree protection guidelines • and procedures shall be incorporated into all construction and grading agreements. The project arborist and job superintendent shall oversee all tree protection requirements. G -5. Prior to any construction activity, tree protection zones shall be delineated for all trees to be preserved. The protection zone will be either: 1) five feet from the outside of the dripline of the tree canopy or 2) one foot radius from the trunk for every 1 -inch of truck diameter, whichever is greater. If construction activity is planned within any tree protection zone, a case -by -case evaluation will be made by an ISA Certified Arborist. G-6. Prior to any grading or construction activity, a 4-foot high protective fence consisting of chain -link wire or fluorescent webbing attached to steel line posts shall be constructed around the protection zone of all preserved trees. Laminated _ "tree protection zone - no construction activity" signs will be attached to the fence. This fence is to remain in place throughout the construction period. G -7. If contact with the tree crown is unavoidable and tree damage will occur, as ISA • Certified Arborist shall prune the conflicting branch(es) using ISA standards. Where trenching is necessary in areas that contain tree roots, tree roots shall be pruned using a Dosko root pruner or equivalent. All cuts shall minimize ripping, tearing, and fracturing of the root system of the impacted tree. The trench shall be made no deeper than the depth of grading or trenching necessary. G -8. In order to avoid draining or leaking equipment fluids near preserved trees, fluids such as: gasoline, diesel, oils, hydraulics, paint, brake and transmission fluids and glycol (anti - freeze) shall be disposed of properly. Construction equipment shall be parked at least 50 feet away from existing trees to avoid the possibility of leakage of equipment fluids into the soil. 0-9. In areas affected by grading or excessive construction dust, the tops and undersides of foliage will be washed with a strong water stream every two weeks in morning hours before 10 :00 a.m. to control mite and insect populations. G -10. If irrigation systems or schedules or drainage/runoff patterns are changed by construction activities, an assessment of irrigation needs shall be conducted to Bixby as Ranch Development Agroe neotdoc 61 1 • Bixby old Ranch Towne Canter Development Agreement Ciy of Seal Beech November 2S. 1998 protect the health of the trees to be preserved. This may require the installation of a temporary irrigation system or mobile watering by a water truck. G -11. All trees to be removed shall be clearly marked at the base of the trunk and at 4 % feet above ground to avoid removal of the wrong tree. G -12. All major tree trimming shall be scheduled so as to not disturb birds -of -prey during nesting periods and Monarch Butterfly overwintering as well as to prevent infestation by the Eucalyptus -Long -horn Borer. All major tree trimming shall be completed by October 31 in order to avoid infestation by the Eucalyptus Long -horned Borer, the nesting season for birds -of -prey, and Monarch Butterfly clustering. G -13. All mature trees lost as a result of project development shall be replaced pursuant to the following ratios: a) eucalyptus: 4 to 1 using 24 -inch box trees; and b) non - eucalyptus: 2 to 1 using 36 -inch box specimens. G -14. All ornamental ponds, pools, water hazards or lakes shall be kept free of emergent vegetation, both of which provide harborage for mosquito breeding. These water bodies shall also be stocked with mosquito fish. G -15. Grass clippings shall either be removed from the site or composted in a manner that does not breed flies. G -16. All structures shall be constructed in a manner to exclude rats from gaining "indoor access." G -17. All landscaping shall be open and skirted as necessary to exclude rats from • nesting in enclosed thickets of vegetation. H. ENERGY H -1. Development plans will be provided to the Southern California Gas Company and the Southern California Edison Company as they become available in order to facilitate engineering, design and construction of improvements necessary to provide electrical, natural gas, and telephone services to the Bixby Old Ranch site. H -2. The applicant will comply with guidelines provided by the Southern California Gas Company and the Southern California Edison Company in regard to easement restriction, construction guidelines, protection of line easements, and • potential amendments to rights -of -way in the areas of any existing easements. H -3. Building energy conservation will be largely achieved by compliance with Title 20 and 24 of the Energy Conservation Code. Title 24, California Administrative Code Section 2- 5307(b) is the California Energy Conservation Standard for New Bixby Old Ranch Development AA+eementdoc 62 • • Bixby Old Ranch Towne Canter Development Agreement Ciy afSea/Beach November 2.5. 1998 Buildings which prohibits the installation of fixtures unless the manufacturer has certified to the CEC compliance with the flow rate standards. Title 24, California Administrative Code Section 2- 5452(1) and (j) address pipe insulation requirements which can reduce the amount of water used before hot water reaches equipment or fixtures. Title 20, California Administrative Code Sections 1604(f) and 1601(b) are Appliance Efficiency Standards. 11-4. In order to conserve energy devoted to space heating and air conditioning, active and passive solar techniques will be encouraged whenever possible within the project. Active solar systems include the use of solar space and hot water heating for buildings, swimming pools, etc. Passive systems involve orienting buildings properly, planting trees to take advantage of the sun, providing adequate roof overhangs, making sure that walls are properly insulated, and installing simple heat storage systems. 11-5. Electric vehicle charging facilities shall be provided for a minimum of two vehicles and a maximum of four vehicles. L HAZARDS No Mitigation Measures proposed. J. NOISE J -1. Construction in areas within 500 feet of residential development shall be limited to the hours of 7:00 AM to 8:00 PM on Monday through Saturday. Construction activities shall not be permitted in these areas on Sundays or Federal holidays. Use of heavy grading equipment (such as impact hammers and pile drivers) shall be limited to the hours of 8:00 AM to 5:00 PM on Monday through Friday. J -2. All noise sensitive land uses shall be sound attenuated against present and projected noise, which shall be the sum of all noise impacting the project, so as not to exceed an exterior noise standard of 65 dB CNEL in outdoor living areas (e.g., for senior assisted living units) and an interior standard of 45 dB CNEL in all habitable rooms. Evidence prepared under the supervision of a County - certified acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be submitted as follows: A. Prior to the recordation of a final tract/parcel map or prior to the issuance of Grading Permits, at the sole discretion of the City, an Acoustical Analysis Report shall be submitted to the Director of Development Services, for approval. The report shall describe in detail the exterior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy "B" below. Bixby Old Ranch Development Agammt.doe 63 • • • Bixby Old Ranch Tome Center Development Agreonenr Ciy ofSeal Beach November 25, 1998 B. Prior to the issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Director of Development Services for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report (s) have been incorporated into the design of the project. C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown on the projects plans illustrating height, location and construction in a manner meeting the approval of the Director of Development Services. D. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations shall be required by the Director of Development Services to verify compliance with all applicable design standards. E. The project applicant shall reimburse the City for the costs of an independent, third party peer review of this evidence. J -3. All structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources to meet the interior noise criteria as set forth below: a) commercial - 50 CNEL; b) hotel -45 CNEL; c) senior assisted living - 45 CNEL; and d) residential - 45 CNEL. Not withstanding any land use characterizations, all sensitive land uses (including the senior assisted living Alzheimer's care/skilled nursing facility and residential uses) shall be sound attenuated against present and projected noise levels, which shall be the sum of all noise impacting the project, so as not to exceed an exterior noise standard of 65 CNEL in outdoor living areas and an interior standard of 45 CNEL in all habitable rooms. Prior to the issuance of any building permits, evidence prepared under the supervision of a County - certified acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be submitted to the Director of Development Services in the form of an Acoustical Analysis Report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorporated into the design of the project. Bixby as Rand Development Agreeoeatdoe 64 • • Bixby Old Ranch Towne Canter Development Agreement Ciry of Seal Beach Novenber 25, 1998 Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with City policies shall be required by the Director of Development Services to verify compliance with all applicable design standards. J-4. Prior to the issuance of building permits, the applicant shall agree by executing an agreement with the Director of Development Services requiring that the applicant will provide to each prospective buyer, renter, or lessee of noise sensitive land uses (e.g., senior assisted care units and residential uses) a written disclosure that certain buildings or units (without windows and doors closed) and outdoor areas could be subject to noise levels above State and City standards or policies for noise sensitive land uses. Such notification shall be included in all initial escrow documents as well as all subsequent sales or lease documents. Such notification shall be in language approved by the Director of Development Services and shall be formalized in written Covenants, Conditions and Restrictions (CC&R's) recorded on the title of each noise sensitive land use building site. In addition, each advertisement, solicitation and sales brochure or other literature regarding noise sensitive land uses shall contain the approved notification language. Notification shall also stipulate that the area is subject to occasional overflights and that in the event the Los Alamitos AFRC is activated for use as a Disaster Support Area, noise levels could significantly increase for an unknown period of time due to increases in airfield operations. The agreement shall also provide that prior to the close of escrow with initial buyers, the written disclosure must be acknowledged and signed by all initial buyers, their signature notarized and deposited in escrow with instructions to the escrow holder to deliver the executed disclosure form to the City Clerk within three working days after the close of escrow. K. PUBLIC SERVICES K -1. Prior to final approval of a vested tentative tract/ parcel map the project applicant shall enter into a Development Agreement with the City of Seal Beach. Said agreement shall establish, if required, any payment of the project's fair -share contribution to offset project impacts on public facilities and services including the need for additional law enforcement and fire protection facilities and staffing. K -2. The City of Seal Beach, Community Development and Police Departments shall review and approve all detailed project plans, improvement plans, and architectural elevations in relation to the following issues: adequate street and security lighting, clearly marked streets and building identification, adequate internal circulation and surveillance for patrol officers, and provision of alarm systems. K -3. All new structures shall provide roofing materials of a Class B roofing assembly or better. Bixby as Raath Development Agreemen .doc 65 • • Bixby Old Rands Towne Carter Development Agreement Ciry ((Seal Beach November 25. 1998 K-4. All new structures shall install automatic fire sprinkler systems that meet National Fire Protection Association Standards, in accordance with the provisions of the Code of the City of Seal Beach. K -5. All water mains and hydrants shall provide required fire flows in accordance with • requirements of the Orange County Fire Authority. K-6. All structures shall be constructed pursuant to Uniform Building Code requirements relative to fire protection. . K -7. The project proponent will pay the statutory school fee, as applicable to the project, to the Los Alamitos Unified School District. Current capital facility rates allowed for the mitigation of school impacts in the State are set at $1.72 per square foot of assessable space for residential construction and $0.28 per square foot for commercial/industrial projects. L UTILITIES / SERVICE SYSTEMS L-1. All water lines and related facilities shall be designed and installed pursuant to the requirements of the City of Seal Beach. Detailed improvement plans shall be prepared and submitted to the City of Seal Beach, Engineering Department for review and approval prior to project construction. L-2. The project applicant shall be required to pay their "fair - share" cost for improvement of any off -site water facilities necessary to serve the proposed project. L-3. Automatic sprinkler systems, soil sensors or other best available technology shall be utilized in the irrigation of the reconfigured golf course and other landscaped areas. L-4. Mulch and other soil covers shall be utilized in all landscaped areas in order to reduce irrigation demands and increase the water - holding capacity of the soil. L-5. The proposed project shall comply with local and State laws requiring water efficient plumbing fixtures in order to minimize water consumption. These laws mandate the use of low volume flush toilets in all buildings; establish efficiency standards that set the maximum flow rates for showerheads, faucets, etc.; prohibit the use of non - conforming or substandard plumbing fixtures; and establish pipe insulation requirements to reduce the amount of water used before hot water reaches the fixture. L-6. If available, reclaimed water shall be utilized to irrigate the reconfigured golf course and landscaped areas. The on -site water distribution system shall be initially designed and constructed in a manner to provide separate reclaimed water lines for landscape irrigation areas. The proposed project shall comply with all Bixby as Ranch Development AQ e . Leoc 66 • • Bixby 01dRanch Towne Center Development Agreement Ci y e(Seal Beach November 25, 1998 City of Seal Beach and Regional Water Quality Control Board Requirements for the installation and operation of this reclaimed water system. L-7. All sewer and reclaimed water lines and any related facilities shall be designed and installed pursuant to the requirements of the City of Seal Beach and the County Sanitation District of Orange County. Detailed improvement plans shall be prepared and submitted to the City of Seal Beach and the County Sanitation District of Orange County for review and approval prior to project construction. L-8. The project applicant shall be required to pay their fair share cost of any off -site wastewater transmission or treatment facilities as well as required sewer connection fees to the City of Seal Beach. L-9. Concurrent with approval of site plans for proposed commercial, hotel, restaurant, seniors care and residential uses, detailed plans shall be submitted delineating the number, location, and general design of solid waste enclosures and storage areas for recycled material. L-10. The project developer shall adhere to all source reduction programs for the disposal of construction materials and solid waste required by the City of Seal Beach. L-11. A facility shall be provided adjacent to or within the reconfigured golf course for the collection of green waste from the golf course and other on -site landscaped areas. Collected green waste shall either be composted and used on -site or be made available to the City for collection. L-12. Prior to issuance of a building permit, the project proponent shall complete a Master Water Study for submittal to the Seal Beach Public Works Department. The study should assess available water resources and improvements to the water system required to serve the proposed project and meet fire flow demands. The specific contents of the study should be determined in coordination with the Public Works Department. The project applicant shall reimburse the City for the costs of an independent third party peer review of this study. L-13. Based on the recommendations contained in the Master Water Study, the project proponent shall pay a fair share of the cost required to offset project impacts on off-site water systems. L-14. Monitoring of landfills is outside the jurisdiction of the City of Seal Beach. Monitoring of the landfills on the Los Alamitos AFRC by the AFRC should be conducted to determine the potential for subsurface methane gas at these locations. If significant amounts (five percent of volume) of methane gas are found in these monitoring samples, mitigation activities by the AFRC should include the necessary passive venting systems, building liners or other methods to Bixby Old Ranch Development Aereement.doc 67 • • . 13irby Old Rands Towne Center Development Agreement City ofSea! Beach • November 25, 1998 prevent those gases from impacting future project development on private properties adjacent to the AFRC. M. AESTHETICS M -1. Prior to issuance of building permits for any proposed commercial, hotel, restaurant, senior care facility, or residential uses, the project proponent shall submit project plans (including landscape plans and illustrative elevations) to the Director of Development Services for approval. Said plans shall reflect the following: o All open areas not used for buildings, including but not limited to: parking lots, service areas, walls, walkways, and courtyards shall be attractively landscaped in accordance with landscape plans prepared by a licensed landscape architect. o Concentrated perimeter landscaping shall be installed along Seal Beach Boulevard, Lampson Avenue and the 405 Freeway northbound off -ramp in order to maintain and enhance views from along these roadways. o A fully automated irrigation system shall be included in the landscape plans for the project and all landscaped areas should be maintained in good condition throughout the life of the project. o All buildings and landscaping proposed for the site shall present a cohesive image with attention to compatible materials, building proportion, signage, and architectural styles. o All proposed signage and identification used for buildings, parking lots, access roadways, etc. shall comply with the sign ordinance of the City of Seal Beach. o To the degree feasible, the bulk of buildings shall be minimized through articulation of the building mass with offsets, stepped terraces, changes in plane, and other such methods in order to reduce the visual impact of the . project as viewed from Seal Beach Boulevard, Lampson Avenue, Rossmoor Highlands and the 405 Freeway. o Rooftop equipment shall be screened from all off-site vantage points and mechanical equipment shall be contained within rooftop enclosures. Rooftop screening materials shall be complimentary in material and color to the building's exterior. Rooftop structures, unless an integral part of the building's design, shall not exceed the maximum allowed parapet elevation. o Service areas shall be screened from off -site view and trash containers shall be " enclosed using materials complimentary to the commercial buildings. • Bixby old Ranh Development Aoeemeadoe 68 _ . • • • - - - I/ - 0 - - . Bidyy Old Ranch Towne Center Development Agreement Ciry of Seal Beach November 23, 1998 M -2. Prior to submittal of final project plans, a photomontage showing illustrative project elevations in their proposed setting shall be prepared by the project proponent and submitted to the City Development Services Department to illustrate how views from the Seal Beach Boulevard, the 405 Freeway northbound off -ramp, Lampson Avenue, the Rossmoor Highlands in Los Alamitos and the Bixby Office Park would be altered by the proposed project. The photomontage shall demonstrate compliance with Mitigation Measure M -1 above. M -3. Prior to approval of final project plans, a landscape plan for common areas of the project site including street trees, shall be prepared by a licensed landscape architect and submitted to the Director of Development Services, and the City Street Tree Division of the Parks & Recreation Department for approval after review and comment by the City Tree Preservation Committee. This plan shall include a 40 -foot landscaped setback along the Seal Beach Boulevard frontage containing the existing eucalyptus tree row. M-4. An inventory and relocation plan for existing trees on -site shall be submitted to the Development Services Department for approval prior to issuance of building permits. Where trees cannot be relocated, the City shall require the replacement of mature trees pursuant to the following ratios: a) eucalyptus: 4 to 1 using 24 -inch box trees and b) non - eucalyptus: 2 to 1 using 36 -inch box specimens. M -5. A Eucalyptus Windrow Preservation Plan shall be prepared by a licensed arborist or a landscape architect and submitted to the Department of Development Services and the Street Tree Division of the Parks & Recreation Department for review and approval prior to or concurrent with tentative parcel/tract maps or grading permits. Said plan shall include a long -term maintenance and financing component which shall be included in the Development Agreement to be executed between the project proponent and the City of Seal Beach. M-6. A Eucalyptus Tree Removal Permit shall be obtained by the project proponent as required for the proposed removal of on -site eucalyptus trees with a trunk diameter greater than 12 inches prior to or concurrent with tentative parcel/tract maps or grading permits. M -7. The ten foot high landscaped been along Lampson Avenue adjacent to the proposed driving range shall be as steep and as close to Lampson Avenue as possible to shield views from this roadway. Plans shall be approved by the City Engineer as part of the approval of golf course grading plans. M -8. The area vacated by the existing driving range which fronts on Lampson Avenue shall have a landscaped buffer planted and maintained along the project -side of the roadway edge. This shall be completed prior to final inspection of the relocated public/private driving range. Bixby Old Rance Development Agreement 69 • • • • Bixby Ord Ranch Towne Center Development Agreement Ciy of Seal Beach November 2S. 1998 M -9. A landscaped buffer of no less than ten (10) feet shall be provided along the northern perimeter of Development Area D (the proposed residential site) and the eastern perimeter of Development Areas A (Old Ranch Towne Center) and D to ensure privacy and screen views to and from the adjacent residential neighborhood in Los Alamitos. This shall be completed prior to the final inspection of any building within these development areas. M -10. Prior to issuance of a building permit, a lighting plan for the project site specifying the location and type of all exterior light sources, including street lights, parking lot and driving range lights, shall be prepared and submitted to the Department of Development Services for approval. M -11. Street, parking lot, and other common area lighting shall use low or high- pressure sodium units, metal halide, clean lucalox or other efficient lighting technology. The project proponent shall reimburse the City for the costs of an independent third party review of lighting plans. M -12. All outdoor lighting should be shielded, directed downward, and have sharp cut-off qualities at property lines, in order to minimize Light and glare spillover effects. • M -13. The landscape plan for the project shall concentrate landscaping along the periphery of the site and in other areas to minimize impacts on adjacent uses from automobile headlights and other light sources.. M -14. Commercial buildings as well as the proposed hotel, restaurant, and senior care • structures shall use minimally reflective or tinted glass and all materials should be selected with attention to minimizing glare impacts to off -site areas, particularly the AFRC, the 405 Freeway, Seal Beach Boulevard, Lampson Avenue, and adjacent residential uses. M -15. Paved areas should be textured, and large expanses of concrete or high gloss tile should be avoided. M -16. Interior parking lot landscaping shall cover no less than 5% of the parking lot areas on -site. N. CULTURAL RESOURCES • N-1. A Phase I archaeological survey shall be undertaken by an archaeologist and Native American monitor appointed by the City of Seal Beach City Council prior to any earth moving operations. The Archaeological Advisory Committee shall review and provide comments and recommendations to the City Council regarding the proposed scope of field investigation to be completed for the Phase I survey. Such scope of work shall contain at a minimum the following: a description of the walk -over field survey methodology, including transect field Bixby Old Raub Developing /10neoa.doc 70 • • Bixby ad Ranch Towne Center Development Agreement Ciry of Seal Beach November ?5.1998 spacing for the walk -over; a description of the subsurface field sampling plan to be utilized, consisting of test borings and minimum 1x1 meter test pits; and a description of additional field investigations if cultural resources are identified in the Phase 1 Investigation. N -2. Earth removal or disturbance activities related to rough grading and other excavation for foundations and utilities that extend below five feet of the pre- grading surface elevation. If any earth removal or disturbance activities result in the discovery of cultural resources, the project proponent's contractors shall cease all earth removal or disturbance activities immediately and notify the City selected archaeologist and/or Native American Monitor, who shall immediately notify the Director of Development Services. The City selected archaeologist will have the power to temporarily halt or divert the excavation equipment in order to evaluate any potential cultural material. The City selected archaeologist shall evaluate all potential cultural findings in accordance with standard practice, the requirements of the City of Seal Beach Archaeological and Historical Element, and other applicable regulations. Consultation with the Native American Heritage Commission and data/artifact recovery, if deemed appropriate, shall be conducted. N -3. If potentially significant cultural resources are encountered during earth removal or disturbance activities, a "Test Phase ", as described in the Archaeological and Historical Element of the City General Plan is required and shall be performed by the City selected archaeologist, and if potentially significant cultural resources are discovered, a "Research Design document" must be prepared by the City selected archaeologist in accordance with the provisions of the Archaeological and Historical Element of the General Plan. The results of the test phase investigation must be presented to the Archaeological Advisory Committee for review and recommendation to the City Council for review and approval prior to continuation of earth removal or disturbance activities in the impacted area of the proposed • project. N-4. Project - related earth removal or disturbance activity is not authorized until such • time as the "Test Phase" research is completed and accepted by the City Council and until a written "Authorization to Continue Earth Removal - Disturbance Activity" is issued by the Director of Development Services to applicant for the impacted area of the proposed project. N -5. During all "test phase" investigation activities occurring on site, the City selected archaeologist and the Native American monitor shall be present to conduct and observe, respectively, such "test phase" investigation activities. N-6. Should any human bone be encountered during any earth removal or disturbance activities, all activity shall cease immediately and the City selected archaeologist and Native American monitor shall be immediately contacted, who shall then immediately notify the Director of Development Services. The Director of the Bixby Old Ranch Development Aaro meotdoc 71 • • • Bixby Old Ranch Towne Carter Development Agreement • City of Seal Beach November 25, 1998 Department of Development Services shall contact the Coroner pursuant to Section 5097.98 and 5097.99 of the Public Resources Code N. relative to Native American remains. Should the Coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to Public Resources Code Section 5097.98. N -7. If evidence of subsurface paleontologic resources is found during construction, excavation and other construction activity in that area shall cease and the contractor shall contact the City Development Services Department. With direction from the City, a Orange County Certified Paleontologist shall prepare and complete a standard Paleontologic Resource Mitigation Program. O. RECREATION 0-1. Prior to final approval of a vested tentative tract map, the project applicant shall enter into a Development Agreement with the City of Seal Beach which shall specify that the project proponent will: a) offer for dedication to the City of Seal Beach the 6.74 acre Bixby Old Ranch Tennis Club facility for public recreation purposes; b) provide an on -site joint use public/private driving range; and c) provide a 2.5 acre improved park facility adjacent to the residential component of the Project. ** ** • Bixby Old Ranch Development ngeemeot aoe 72 • • Bixby Old Ranch Towne Canter Development Agreement City ejSeal Beach • November 25. 1998 EXHIBIT ".1" PERMISSIBLE ENCUMBRANCES ON OLD RANCH TENNIS CLUB (TO BE DETERMINED AT TIME OF FINAL SUBDIVISION MAP APPROVAL) Bixby as Rani* Development Ageemeet_doe 73 • • - • Bixby Old Ranch Towne Center Development Agreement City of Seal Beach November 23, 1998 EXHIBIT "K" PERMISSIBLE ENCUMBRANCES ON AREA "B" GREEN BELT AREA (TO BE DETERMINED AT TIME OF FINAL SUBDIVISION MAP APPROVAL) • • Bixby Old Ranch Development Agrcemeoldoc 74 • • Bixby Old Ranch Towne Canter Development Agreement City of Seal Beach November 25, 1998 EXHIBIT "L" LOCATION OF MONUMENT SIGNS Bixby as Raoch Development ABeemmceoo 75 • • J I fors (II �� too 80 • / - / IV Mar It was I — lift i .3 1 i 7:1 —4 O / / _..+= O al Z / � O ;co .Z ..... > -D - co irn4 0 0 WINO MI Z IMIMI 0 t Z . I ik . 0 i�# 1 �. ft / i l!, � . 1 WM COON Vial u.l aro. wirrwww. MI MI II OM �IMINI iO�M COIgR MU 11.11118 or IMO go er IMr •ww • • Bixby Old Ranch Towne Carter Development Agreement City of Seal Beach November 25, 1998 • EXHIBIT "L" LEGAL DESCRIPTION Portion A: In the City of Seal Beach, County of Orange, State of California, being a portion of Parcel 1 of Tentative Parcel Map Number 97 -165, described as follows: Beginning at the northeasterly terminus of the northerly boundary of Parcel 1 of said Tentative Parcel Map, said point being the easterly terminus of a curve having a radius of 42.25 feet and a length of 80.97 feet; thence southeasterly along a non - tangent curve, concave southwesterly, having a radius of 760.00 feet, a radial line of said curve bears N 41 °21'29" E, a distance of 12.92 feet; thence S 76 °16'40" E a distance of 85.19 feet; thence northeasterly along a non - tangent curve, concave northwesterly, having a radius of 1181.39 feet, a radial line of said curve bears S 67°45'11" E, a distance of 14.23 feet; thence northeasterly, easterly and southeasterly along a compound curve, concave southerly, having a radius of 42.25 feet, a distance of 80.97 feet to the point of beginning. The above describes an area of 1,755 square feet, more or less. Portion B: In the City of Seal Beach, County of Orange, State of California, being an undivided portion of Sections 31 and 32, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, described as follows: Beginning at the northeasterly terminus of the northerly boundary of Parcel 1 of said Tentative Parcel Map, said point being the easterly terminus of a curve having a radius of 42.25 feet and a length of 80.97 feet; thence N 45 °75'52" E a distance of 79.54 feet to the TRUE POINT OF BEGINNING; thence northwesterly along a non - tangent curve, concave southwesterly, having a radius of 840.00 feet, a radial line of said curve bears N 40 °02'41" E, a distance of 69.41 feet; thence N 00 °11'28" E a distance of 71.82 feet; thence S 25 °34'49" E a distance of 126.65 feet to the TRUE POINT OF BEGINNING. The above describes an area of 1,944 square feet, more or less. ** ** Bixby Oid Ranch Development Agreement.doc 76 • • • • Bixby Old Ranch Towne Center Development Agreement Ciry ofSeal Beach November 25, 1998 EXHIBIT "M" PERMISSIBLE ENCUMBRANCES ON MONUMENT SIGN EASEMENT AREA (TO BE DETERMINED AT TIME OF FINAL SUBDIVISION MAP APPROVAL) • • • • Bixby as � Development A6reemeocdoc 77 . • Bixby Old Ranch Towne Center Development Agreement • • • • Ciry of Seal Beach November 25, 1998 EXHIBIT "N" LOCATION OF MEDIAN LANDSCAPING Bixby Ow Ruch Development Agreementdoo 78 demon ANV 110.1 WNW AXIS .......#1,. . . .... . , 78 1 I E.... ..... 9 SIM 110:1311 i illtql . I L V C v>, Z g 20 u- . e-- ........ fflT 1 II II 11 1 , 11 * N.,—.. 111I, ' 11 11 , Il 11 'E .11..11 W . N 11 11 11 11 Ii! 11 III II 1 . 1 : 1! ►1 .I m 11 II I I i 1 11 1 1 1 1 m II II 0 cc) II !1 1n 11 111 11 11 �� 11 II ! :111 ll � s 11 �� L...—. In 11 IT • ( II 11 • 11 II . 11_ iA • • Bixby Old Ranch Towne Center Development Agreement • City of Seal Beach November 25, 1998 EXHIBIT " 0 " • DEDICATION REQUIREMENTS • • Bixby as Ranch Devdopmeat Ageemeocdoc 79 • • • Bixby Old Ranch Towne Center Development Agreement • " ' " ' Ciry cfSeal Beach November 25, 1998 EXHIBIT "O" DEDICATION REQUIREMENTS Reference Section 3.1.1.1: 2.5 acre park Reference Section 3.1.1.4: Landscaped green belt of approximately 5 acres in the general location and shape shown on Exhibit "G" Reference Section 3.2.5.1: Old Ranch Tennis Club, including all rights to existing cellular transmission towers Reference Section 3.2.5.2: Community Police Center Reference Section 3.2.5.3: Green Belts Reference Section 3.2.5.4: Monument Signs Reference Section 3.2.5.5 Median Landscaping Reference Section 3.2.5.7: Lampson Avenue Enhancements Reference Section 3.2.5.10: Water Well Site Reference Section 3.2.5.13: Quitclaim Interest in Los Alamitos Armed Forces Reserve Center ** ** • Bixby ow Ranch Development Ageementdoc 80 • • Bixby Old Ranch Towne Carter Development Agreement Ciy ofSeal Beach November 2S, 1998 EXHIIBIT "P" SCHEDULE OF EXISTING DEVELOPMENT IMPACT FEES • • • Bixby as Ranch Development Agreemeacdoo 81 t City of Seal Beach Comprehensive Fee Schedule Adopted on*/9‘8by Resolution4,‘ _ • • • • • • 2 ,, , RESOLUTION NO. J p A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING THE RATES AND AMOUNTS OF FEES AND CHARGES FOR GOODS, SERVICES AND FACILITIES PROVIDED BY THE CITY OF SEAL BEACH AND SUPERSEDING INCONSISTENT PROVISIONS OF RESOLUTIONS 4114, 4195, 4234, 4250, 4442, 4494, 4499, 4519, 4545, 4550 • • WHEREAS, the City Council is empowered to impose reasonable fees, rates, and charges for municipal services; and WHEREAS, the City Council has determined that the fees, rates, and charges should cover the costs reasonably borne or a substantial portion of the actual costs of the goods and services provided by the City; and WHEREAS, the City Council has determined that fees, rates, and charges for municipal services do not cover the actual costs under the current fee schedules; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Seal Beach hereby establishes the amount of certain fees, rates and charges, and restates that amount of other fees, rates, charges and taxes as follows: SECTION 1. Administrative Fees A. Documents • The following fees are established to reimburse the City for costs relative to filling public requests for copies of non - confidential records, codes, brochures, booklets and patent materials not marked for general distribution Photocopies of inilicidual pages of Ordinances, Resolutions, Contracts, Agreements and any of the documents listed instils section and any other documents, publications and reports not listed. 1. Copy charge S0.15/page 2. City Chard S10.50 3. Municipal Ode Comte S70.00 Munmpal Code 50.35 /page 4. Zoning & inane Conplete 535.00 • • e 08/24'98 Comprehensive Fee Resolution Page 2 5. General Plan Complete S65.00 6. Ordinances, Resolutions, Contracts, Agreements a. Copy charge 50.1 S /page 7. Minutes Regular basis . S50.00 annually with self/addressed stamped envelopes. 8. Agendas . Regular basis . .525.00 annually w /self addressed stamped envelopes. 9. Economic, Interest Disclosure and Campaign Statements (as required by State Law) $ 0.10 /page 10. Election Documents S 0.15 /page . 11. Postage. All items that are requested to be mailed shall have the cost of postage added to the fees set forth, with the exception of copies of minutes and agendas. B. Returned Check Fee Any person issuing a bank draft, note or check which is returned by a financial institution due to insufficient funds or a closed account or is otherwise dishonored, shall be charged the sum of 525.00 for processing each such check. Said amount shall be included in the total sum of all bills, charges, or fees otherwise due and owing to the City. SECTION 2. Building Fees A. Microfilming Fee 1. For each sheet up to 81/2" x 11" in size (at time of permit issuance) 50.75 /sheet 2. For each sheet larger than 11" x 17" or larger S 1.50 /sheet 3. Copy of microfilmed documents 50.15 /page • • • ' 08/10/98 , . Comprehensive Fee Resolution Page 3 B. Building Permit Fees 1. Building permit fees shall be collected according to the following schedule: TABLE A Total Valuation En 51.00 to 5500.00 10% of the pennit valuation. 5501.00 to 52,000.00 581.65 for the first S500.00 plus S2.75 for each additional 5100.00 or fraction thereof, to and including 52000.00. 52,001.00 to $25,000.00 5123.00 for the first 52,000.00 plus 512.50 for each additional S1,000.00 or fraction hereof, to and including 525,000.00. 525,001.00 to $50,000.00 $410.50 for the first 525,000.00 plus 59.00 for each additional 51,000.00 or fraction thereof, to and including 550,000.00 . 550,001.00 to 5100,000.00 5635.50 for the first 550,000.00 plus $6.25 for each additional 51,000.00 or fraction thereof, to and including • $ 100,000.00 • 5100,001.00 to $ 500,000.00 5948.00 for the first $100,000.00 plus 55.00 for each ,. additional 51,000.00 or fraction thereof, to and including 5500,000.00 5500,001.00 to 51,000.000.00 $2,940.00 for the first 5500,000.00 plus 54.25 for each additional 51,000.00 or fraction thereof, to and including 51,000.000.00 51,000,000.00 and up 55,073.00 for the first 51,000,000.00 plus 52.75 for each additional 51,000.00 or fraction thereof 2. A building valuation data sheet shall be used in conjunction with the fee schedule established in Section 2.B.1. The source of that sheet shall be the most current Building Valuation Data printed in the Building Standards, which is a bi- monthly publication by the International Conference of Building Officials, 5360 S. Workman Mill Road, Whittier, CA, 90501. 3. General Plan and Geographic Information System Update - Surcharge 5.0015 x value of i building levied with building permit. • 1 08/10/98 Comprehensive Fee Resolution Page 4 4. Miscellaneous Valuation Table a. Pool Fee (1) Swimming Pool $3,000+513.50 per square foot +$550 for heater (2) Spa S1,400+$11.25 per square foot + $550 for heater b. Patio Fee ( Open $11.25 per square foot (2) Screened S22.50 per square foot c. Fences & Block Walls . $22.50 per linear foot d. Signs (1) Free Standing S33.75 per square foot each face)+S300.00 (2) Wall Signs S22.50 per square foot . e. Roofing (1) Composition & Gravel 5101.25 per square foot (2) Composition Shingles 5101.25 per square foot (3) Wood Shingles S146.25 per square foot (4) Wood Shakes $207.50 per square foot (5) Clay Tile 5270.00 per square foot 5. Plan Check Fees a. Valuation must exceed 51,000.00 and a plan is required, then a fee shall be paid of 65% of the building permit fee. b. When a plan or other data is required to be submitted for work related to mechanical, electrical or plumbing, a plan check fee of 65% of the total permit fee (excluding initial permit fee) shall be required. r • • • 08/10/98 Comprehensive Fee Resolution Page 5 6. Miscellaneous Fees a. Swimming Pool Fee Table A Based on Valuation b. Spa Fee Table A, Based on Valuation *Public Works Bond for Damages to Public Improvements S 385.00 *Public Works Street Permit/ • Rubbish Container S 25.00 c. Patio Fee Table A, Based on Valuation d. Fences and Block Walls Table A, Based on Valuation e. Sign Fee Table A, Based on Valuation f. Roofing Fee Table A, Based on Valuation g. Sandblasting S.06 per square foot of wall surface h. Tent Fee...Up to 1,000 square foot S38.00 Each additional 1,000 square foot. of fraction thereof S12.75 i. Renewal of Expired Permits. A fee of one -half the total amount for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided that such suspension or abandonment has not exceeded one full year, in which case a full fee shall be required. j. Temporary Certificate of Occupancy S64.00 k. Demolition Permit Fee... (Table A) contract price for demolition work L. Moving Permit Fee... (Table A) valuation based on contract price. . (Special investigative fee required) • - • • • ` 08/10/'98 Comprehensive Fee Resolution Page 6 7. Special Service Fees a. Special Investigative Fee - charged for a special inspection by a City Building Inspector. Affected Floor Area • En 0 -2,500 square feet 5190.00 2,501 -5,000 square feet 5380.00 5,001 -7,500 square feet 5575.00 7,501 - 10,000 square feet 5765.00 Each additional 10,000 Square feet or fraction thereof 5200.00 b. For inspections requested by a permittee to be made outside of normal business hours 560.00 per hour, minimum of one hour, plus all other fees. c. For inspections determined by the Building Official to be excessive and beyond at least one (1) re- inspection of an item of work caused by faulty workmanship or work not ready for inspection at time of request 550.00 per inspection. d. Additional plan check review by changes, additions or revisions to approved plans 550.00 per hour, minimum of one hour. e. Inspection for any change of occupancy classification, use type (as indicated in Table 5a of the Uniform Building Code) or certification of compliance with Building Codes and ordinances not otherwise provided for 5100.00 f. Inspections for which no fee is specifically indicated (minimum charge is one half -hour) S40.00 8. Electrical Code Fees: a. • For issuing each permit 52200 b. When electrical permits are not obtained in conjunction with other types of permits; minimum fee 522.75 • • 08/10/98 Cotaprebm:ive Fee Resolution j E _ Paste 7 c. Services Each service switch 300 volts or less - 5.018 /amp. Each service switch 301 vohs to 600 volts - 5.05 /amp. Each service switch over 600 volts- 5.090 /amp. In addition, the following fees shall apply to electrical systems contained within or on any new structure, including new additions to existing structures. (1) S .00640 per square foot: (a) Warehouse - that part which is over 5,000 square feet (b) Storage garages where no repair work is done (c) Aircraft hangers where no repair work is done (2) S .01375 per square foot: (a) Residential accessory buildings attached or detached, such as garages, carports, sheds, etc. (b) Garages and carports for motels, hotels and commercial parking. (c) Warehouses up to and including 5,000 square feet. (d) All other occupancies not listed that part which is over 5,000 square feet. (3) S.028 per square foot: All other occupancies not listed up to and including 5,000 square feet. (4) 10028 per square foot: Temporary wiring during construction. d. Temporary Service (1) Temporary for construction service, including poles or pedestals, . Each S17.00 (2) Approval for temporary use of permanent service equipment prior to completion of structure or final inspection, each S17.00 (3) Additional supporting poles, each... S 9.00 (4) Temporary service for decorative lighting, Christmas sales lot, etc S 9.00 e. Miscellaneous (1) Area lighting standards up to and including 10 on a site, each ... S 5.00 Over 10 on a site, each S 2.50 (2) Private residential swimming pools including supply wiring, lights, motors and bonding (3) Commercial swimming pools 534 568. (4) Inspection for reinstallation of idle meter (removed by Utility Company) 512.75 • • • 08/10/98 Comprehensive Fee Resolution K Page 8 f. illuminated Signs. New - Relocated or Altered Square Feet: Up to and including 5 S12.75 Over 5, not over 25 S15.25 Over 25, not over 50. 520.50 Over 50, not over 100 528.00 Over 100, not over 20 530.50 Over 200, not over 300 538.25 Over 300 50.125 per square foot g. Overhead Line Construction Poles and anchors, each S 5.00 h. Alternate Fee Schedule. Alterations, additions and new construction where no structural work is being done or where it is impractical to use a Square footage schedule; convert to units as follows, charging S 3.80 for each unit: For each 5 outlets or fraction thereof where current is used or controlled 1 unit For each 5 lighting fixtures or fraction thereof where current is used or Controlled... 1 unit • For multi - assembly (festoon type plug mold etc.), each 20 feet or fraction thereof 1 unit • • (.1 08/10/98 • Comprehensive Fee Resolution • Page 9 i. Power Apparatus For equipment rated in horsepower On kilowatts (KW), or k lovoltamperes (KVA), the fee for each motor, transformer, and/or appliance shall be: 0 t l 53.85 Over 1 and not over 10 S 8.50 • Over 10 and not over 50 317.00 Over 50 and not over 100 334.00 Over 100, each 351.00 NOTE: (1) For equipment or appliances having more than one motor or heater, the sum of the combined ratings may be used to compute the fee. (2) These fees include all switches, circuit breakers, contractors, relays and other directly - related control equipment. j. Other Inspections and Fees (1) Inspections outside of normal business hours Section 2B7 (2) Re- inspection Section 2B7 (3) Additional Plan Check Review Section 2B7 (4) Miscellaneous apparatus, conduits, and conductors for electrical apparatus, conduits and conductors for which a permit is required but for which no fee is herein set forth 3 12.50 9. Plumbing Code Fees a. For issuing each permit 522.00 b. When plumbing permits are not obtained in conjunction with other types of permits. Minimum fee S22.75 c. For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping and back flow protection 3700 d. For each building sewer and trailer park sewer S15.00 • e. Rainwater system - per drain (inside building) . 57.00 f. For each cesspool (where permitted 325.00 g. For each private sewage disposal system 540.00 h. For each water heater and/or vent S 7.00 • • 08/10/98 Comprehensive Fee Resolution Page 10 i. For each gas piping system of one (1) to five (5) outlets S 5.00 j. For each additional gas piping system per outlet S 1.25 k. For each industrial waste pre-treatment interceptor, including its trap and vent, excepting kitchen type grease interceptors functioning as fixture traps S 7.00 1. For each installation, alteration or repair of water piping and/or water treating equipment S 7.00 m. For drainage or vent repair or alteration of piping S 7.00 n. For each lawn sprinkler system or any one meter, including back flow protection devices S 7.00 o. For atmospheric type not included in Item M, one(1) to five (5) S 7.00 p. Six (6) or more each of the above S 1.00 q. For each back flow protective device other than atmospheric type vacuum breakers: (1) Two (2) inch diameter and smaller S 7.00 (2) Over two (2) inch diameter S15.00 r. For each gray water system S40.00 s. For initial installation and testing of a reclaimed water system $30.00/hour t. For each annual cross- connection testing of a reclaimed water system (excluding initial test) $30.00/hour u. Other inspections and fees: (1) Inspection outside ofnormal business hours Section 2B7 (2) Re-inspection Section 2B7 (3) Additional Plan Review Section 2B7 v. Sewer Connection permit fee up to 525.00 • . 08/10/98 Comprehensive Fee Resolution + Page 11 l� 10. Mechanical Code Fees a. For the issuance of each permit 522.00 b. When mechanical permits are not obtained in conjunction with other types of permits, minimum fee shall be 522.75 c. For the installation or relocation of each forced air or gravity -type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 BTU/H 513.25 d. For the installation or relocation for each forced air or gravity -type furnace or burner, including ducts and vents attached to such appliance over 100,000 BTU/H 516.25 e. For the installation or relocation of each floor furnace, including wall heater or floor - mounted unit heater S 13.25 f. For the installation, relocation or replacement of each suspended heater, recessed wall heater or floor mounted unit heater S 13.25 g. For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit S 6.50 h. For the repair of alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption or evaporative system to and including 100,000 BTU/H S 12.25 i. For the installation or relocation of each boiler or compressor to and including three horsepower, or each absorption system to and • including 100,000 BTU/H S 13.25 • j. For the installation or relocation of each boiler or compressor over three horsepower to and including 15 horsepower, or each absorption system over 100,000 BTU/H and including 500,000 BTU/H 524.25 k. For the installation or relocation of each boiler or compressor over 15 horsepower to and including 30 horsepower, or each absorption system over 500,000 BTU/H to and including 1,000,000 BTU/H 533.25 r • • • 08/10/98 Comprehensive Fee Resolution - Page 12 1. For the installation or relocation of each boiler or compressor over 30 horsepower to and including 50 horsepower, or each absorption over 1,000,000 BTU/H to and including 1,750,000 BTU/H S49.50 • m. For the installation or relocation of each boiler or refrigerator compressor over 50 horsepower, or each absorption system over 1,750,000 BTU/H S82.75 n. For each air handling unit to and including 10,000 cubic feet per minute, including ducts attached thereto S 9.50 Note: This fee shall not apply to an air handling unit which is a portion of a factory assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in this Resolution. o. For each air handling unit over 10,000 CFM 516.15 p. For each evaporative cooler other than portable type S 9.50 q. For each ventilation system which is not a portion of any heating or air conditioning system authorized by a permit S 9.50 r. For each ventilation fan connected to a single duct S 6.50 s. For the installation or relocation of each domestic type incinerator S16.25 t. For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood S 9.50 u. For the installation or relocation of each commercial or industrial type incinerator S66.50 v. For each appliance or piece of equipment regulated by the Uniform Building Code but not classified in other appliance categories, or for which no other fee is listed in this Code S 9.50 w. Duct extensions, other than those attached, each S 5.00 x. When Chapter 22 of the Uniform Building Code is applicable, permit fees for fuel -gas piping shall be as follows: (1) For each gas - piping system of one to four outlets S 5.50 (2) For each gas - piping system of five ormore outlets, per outlet S 1.00 e .- - - - - • • 08/10/98 I Comprehensive Fee Resolution �: Page 13 y. Other Inspection Fees (1) Inspection outside of normal hours Section 2B6 (2) Re- inspection Section 2B6 (3) Additional Plan Reviews Section 2B6 11. Refunds. If construction has not commenced, a refund of eighty percent (80%) of the permit fee will be allowed when permits are cancelled at the request of the permittee. No permit fee will be refunded for any permit which has expired. No refund will be made of the plan check fee when the plan check service has been performed. A refund of 80% of the plan check fee will be returned if the plan check service has not been performed. C. Construction Excise Tax 1. Rates a. Residential Units (1) Single Family S85.00 (2) Duplex (each) $85.00 (3) Apartment (each) S62.50 • (4) Bachelor (each) S62.50 (5) Mobile Home Space (each) S51.00 b. Commercial • per square foot - $ .05 c. Industrial - per square foot - S .05 2. Delinquency Charge. Twenty-five percent of tax plus interest cost of 1.00% per month. D. Xnvironmental Reserve Tax 1. Fee on new residential living unit construction. a. First three (3) floors ofa conforming unit (per square foot) $ 0.15 b. First three (3) floors of a nonconforming unit (per square foot) S 0.35 E. Non - Subdivision Park and Recreation Fees 1. Single -Family Dwelling - A fee of S10,000 is imposed upon the construction and occupancy of each single family dwelling which results in a net increase to the City's housing stock. Said fee is imposed to offset impacts to the City's existing park and recreation facilities caused by the additional single family dwelling. 1 0 0 &'IO/98 Comprehensive Fee Resolution t . Page 14 2. Other Residential Uses - A fee of 55,000 is imposed upon the construction and occupancy of each residential dwelling unit, other than a single -family dwelling, which results in a net increase in the City's housing stock. Said fee is imposed to offset impacts to the City's existing park and recreation facilities causes by the additional dwelling unit. SECTION 3. Planning Fees The following fees are charged to individuals submitting the described requests to the City Development Services Department. Payment in full is required before issuance of necessary Grading, Building, Plumbing, Electrical, Mechanical or any other appropriate permit. A. filing Fees 1. Conditional Use Permit Actual Costs - S 500.00 deposit 2. Variance Actual Costs - S 500.00 deposit 3. Zone Change Actual Costs - S1,000.00 deposit 4. General Plan Amendment Actual Costs - S1,000.00 deposit 5. Planned Unit Development Actual Costs - S1,000.00 deposit 6. Minor Site Review Actual Costs - S 100.00 deposit 7. Major Site Plan Review Actual Costs - S 500.00 deposit 8. Concept Approval (Coastal) Actual Costs - S 100.00 deposit 9. Specific Plan Actual Costs - $2,000.00 deposit 10 Appeal - Non -Public Hearing Matters S100.00 11. Appeal - Public Hearing Actual Costs - S 500.00 deposit 12. Pre - Application Conference Actual Costs - S 100.00 deposit 13. Property Profile , Costs - S 75.00 deposit 14. Planning Commission Interpretation . Actual Costs - S200.00 Deposit B. f nvironmental Fees 1. Minor Environmental Assessment (Determination) . ..Actual Costs - S 10.00 deposit 2. Major Environmental Assessment (Initial Study) Actual Costs - S250.00 deposit 3. Negative Declaration Actual Costs - S500.00 deposit 4. Environmental Impact Report Actual Costs -S10,000.000 deposit plus 10% to Fire Department Cost • • • 08/10198 Comprehensive Fee Resolution • Page 15 • C. Transportation Facilities and Programs Develooment Fees Land Use Type X811 1. Shopping Center (up to 175,000 square feet) $8.85 per square foot of gross leasable area 2. Shopping Center (over 175,000 square feet) S2.75 per square foot of gross leasable area 3. General Office Building S2.99 per square foot of gross leasable area 4. Quality Restaurant S6.81 per square foot ofgross floor area 5. Hotel S598.89 per room or suite 6. Single Family Detached Housing $1,057.14 per dwelling unit 7. Multi Family Attached Housing (Apartment) S693.73 per dwelling unit 8. Multi Family Attached Housing (Condominium) $578.64 per dwelling unit 9. City Park 53,461.25 per acre 10. Other Land Use Types S1,031.55 per PM peak hour trip generated D. Transportation Facilities and Programs Development Application Fee. J.and Use Type Fe / Mail 1. Shopping Center (up to 175,000 square feet) S1.32 per square foot of gross leasable area 2. Shopping Center (over 175,000 square feet) 50.41 per square foot ofgross leasable area 3. General Office Building 50.45 per square foot of gross leasable area 4. Quality Restaurant S1.01 per square foot of gross floor area 5. Hotel S88.45 per room or suite 6. Single Family Detached Housing S 157.71 per dwelling unit • 7. Multi Family Attached Housing (Apartment) 5103.37 per dwelling unit 8. Multi Family Attached Housing (Condominium) S 86.32 per dwelling unit 9. City Park 5516.84 per acre 10. Other Land Use Types S156.65 per PM peak hour trip generated E. Main Street Specific Plan Zone In -Lieu Parking Fees The following per space in -lieu parking fee is hereby established for uses on commercially zoned parcels located within the Main Street Specific Plan Zone; 1. 53,500.00 per deficient space for all such uses established on or after September 1, 1996. Such fee shall be calculated by multiplying the number of parking spaces required for the use which are not provided either on -site or within three hundred feet (300') of the parcel on which the use is situated by 53,500.00. • • 08/10/98 Comprehensive Fee Resolution Pape 16 2. An annual fee of 5100.00 per deficient space for all such uses established prior to September 1, 1996 which are currently operating under an existing land -use entitlement wherein as a condition of approval the applicant agreed to participate in the City's in lieu parking program, except for those uses governed by Section 3 hereinafter. Such annual fee shall be calculated by multiplying the number of parking spaces required for the use which are not provided either on -site or within 300' of the parcel on which the use is situated by S100.00. 3. For all such uses established prior to September 1, 1996 pursuant to a development agreement wherein the applicant agreed to participate in the City's in lieu parking program, the fee per deficient space shall be a specified in the applicable development agreement for the subject property. SECTION 4 - Police Fees A. Alarm System Avalication Fees The following fees will be charged for direct and indirect alarm system applications: 1. Direct Alarm System Application Fee 514.00 July 1- June 30 2. Indirect Alarm System Application Fee 510.00 July 1 - June 30 3. False Alarm Penalties: Penalties will be assessed in the event of the following false alarms: a. 1st and 2nd false alarms No Charge 3rd false alarm S25.00 4th false alarm S50.00 5th false alarm S100.00 6 or more false alarms S150.00/each B. Animal Control Fees For animals licensed pursuant to Section 3- 10.7(a) of the Ems: 1. Dog - unaltered S 20.00 altered S 10.00 2. Cat - unaltered S 10.00 altered S 7.50 3. Sr. Citizen Discount 50% For animals impounded at City of Seal Beach Animal Care Center: • • • 081 8 Comprehensive Fee Resolution Page 17 1. Impound of small animals (cats, dogs, etc.): a. Impound Fee 525.00 b. Daily Care and Feed 5 2. Quarantine of Small Animals: a. impound Fee 25.00 b. Daily Care and Feed 10.00 3. Quarantine on Owner's Property 25.00 4. Veterinary Services: 1. Rabies Vaccination Actual Cost 2. Relative Value unit Actual Cost 3. Other procedures (x -ray, lab, etc.) Actual Cost 4. Medical or surgical care Actual Cost 5. Euthanasia (request by owner) S20.00 Miscellaneous Fees: 1. Disposal of dead animals S15.00 2. 'dal traps 52.00 /day or: Delivery of trap S10.00 Rental /day of trap S1.00 3. Relinquishment of animal by owner (adults) S17.50 Each litter plus female S 5.00 t • • • osnoro8 Comprehensive Fee Resolution Page 18 C. each ParkinE Services 1. June 15 - October 3 l' Buses, Motor homes, and Other Vehicles WeP days Motorcycles Autos Over 25 Feet 8 and lo Street 52.50 55.00 520.00 parking lots Weekends/Holidays 8th and 10 Street 53.00 56.00 520.00 parking lots 2. Rates for automobiles parking after 5:00 p.m. shall be 52.00. Rates for motorcycles and vehicles over 25 feet parking after 5:00 p.m. shall be half- price. 3. November l' - June 14 - W cjiys 8 and 10 Street parking lots 52.00 S1.50/hour 51.50/hour (54.00 (58.00 maximum) maximum) Weekends/Holidays 8 and 10 Street 52.00 S 1.50/hour S 1.50/hour parking kits (S5.00 (510.00 maximum) maximum) 4. Rates for automobiles parking after 5 :00 p.m. shall be 52.00. Rates for motorcycles and vehicles over 25 feet parking after 5:00 p.m. shall be half -price. • Between "Spring Break" and June 14 the hourly rate changes to a flat rate on weekends and holidays and is in accordance with the schedule listed under paragraph #1. III • 08/10/98 - Comprehensive Fee Resolution Page 19 5. "Spring Break" - September 14th Buses, Motor homes, and Other Vehicles Weekdays Motorcycles Autos Over 25 Feet - l" Street parking lot S2.50 54.00 S20.00 Weekends/Holidays 1` Street parking lot S3 .00 55.00 520.00 • 6. Rates for automobiles parking after 4:00 p.m. shall be 52.00. Rates for motorcycles and vehicles over 25 feet parking after 4;00 p.m. shall be half -price. . 7. September 15 - Day before "Spring Break" Weekdays 1` Street parking lot 52.00 53.00 58.00 Weekends/Holidays 1` Street parking lot 52.00 54.00 S8.00 8. Rates for automobiles parking after 4:00 p.m. shall be 52.00. Rates for motorcycles and vehicles over 25 feet parking after 4:00 p.m. shall be half -price. 9. Annual parking passes entitling the holder to daily parking in any beach lot, shall be sold to Seal Beach residents for S60 and non - residents for S75 per year. 10. Any disabled person or disabled veteran displaying special identification license plates issued under California Vehicle Code Section 5007 or a distinguishing placard issued under California Vehicle Code Section 22511.55 or 22511.59 shall be allowed to park in the First, Eighth and Tenth Street ocean front Municipal Parking Lots without being required to pay any parking fees. 11. The City Manager is authorized to charge amounts less than those specified for certain days or certain times of day, if he or she determines that a lower rate is appropriate. Beach rates fluctuate seasonally and may vary with times of the day. In no event shall the rates exceed S6.00 per automobile. • • 08/10198 Comprehensive Fee Resolution Page 20 D. Citation Sign -off The following fee is charged for a citation sign -off S 20.00 • E. Fingerprints The following fee is charged for fingerprint cards: Resident S 10.00 Non - resident S 20.00 F. Parking Stickers The following fees are charged for annual parking permits. Resident S 10.00 Guest S 14.00 Business S 40.00 NOTE: Permits are issued each fiscal year (July 1st through June 30th) and are not prorated. G. Passport Release The following fee is charged for a letter attesting to an individuals lack of criminal contact with the Seal Beach Police Department, for the purpose of obtaining a passport .S 20.00 B. photoeraohs The following fee is charged for copies of photos of accident scenes: S 25.00 plus actual cost for reprints. L Traffic Collision Reoortq The following fee is charged for a copy of all investigative reports performed on traffic collisions. Neu-resident 540.00 Resident S10.00 11llisaelianeous Police Reports S10.00 J. Vehicle Release The following feeischarged for a signed copy of a vehicle storage release form S 15.00 • • 08/10/98 Comprehensive Fee Resolution (: Pape 21 SECTION 5. Public Works Department A. §necial Trash Removal 1. A fee of S 27.50 is charged for special refuses collection of heavy items including but not limited to refrigerators, televisions, stoves, washing machines and sofas. • 2. A fee of S 22.00 is charged for special refuse collection of light items including, but not limited to: mattresses, bedsprings, bundled tree trimmings and branches in excess of four feet. 3. Special refuse collection items not covered by above categories may be collected at the discretion of the Director of Public Works on the basis of actual cost of disposal. B. ,Subdivision Fees 1. Tentative Maps For tentative subdivision map processing, a $600 fee plus: (a) S50 fee for the first five parcels, lots or units; plus (b) S20 fee for each additional parcel lot or unit. (c) . If additional parcels, lots or units are added before processing of the map is completed, the fee shall be increased in accordance with said schedule. Should a revised map be substituted for an approved or conditionally approved map, an additional fee equal to 1/2 of the original fee shall be paid for processing the revised map. (d) For environmental assessment of the tentative subdivision map, see Section 4.B. (e) All above fees must be paid upon submittal of the tentative map. (1) In addition to the above, an initial cash deposit with the City estimated by the Director of Planning or City Engineer sufficient to cover the actual cost of any private consulting firm utilized by the City in the technical review of the tentative map submittals, or in the preparation of environmental impact reports may be required following staff review of the subdivision application and required accompanying materials. In the event the initial cash deposit is not sufficient, the sub- divider /owner shall pay the difference between the estimated and total actual costs or, if necessary, deposit an additional amount established by the Planning Director or City Engineer to cover costs for the remaining work. Any excess deposits shall be returned to the sub- divider. • • • • 08/10/98 Comprehensive Fee Resolution Page 22 2. Final Maps (a) For final subdivision map filing, a S1S0 fee. (b) In addition to the above, a fee deposited with the Orange County Surveyor's Office in an amount established by that office to cover the costs of the boundary check of the final map. (c) In addition to the above, an initial cash deposit with the City is required for the actual cost of review and plan check of the final map and required accompanying materials by the city, City Attorney, and/or private consulting firm. The initial cash deposit shall be $500 plus S50 per parcel lot or unit. In the event the initial cash deposit is not sufficient, the sub - divider shall pay the difference between the estimated and total actual costs, or, if necessary, deposit an additional amount estimated by the City Engineer to cover costs for the remaining work. All review and plan check fees must be paid prior to the final map receiving final approval from the City Council. Any excess deposits shall be returned to the sub - divider. (d) Prior to the approval of the final map, the sub- divider shall deposit with the City an initial ' deposit based on the percentage of estimated costs of improvements as determined by the City Engineer. This initial deposit shall cover the actual costs of the construction engineering and inspection by the City or private consultant firms of all required public improvements and survey monumentation. The schedule of initial deposits for construction engineering and inspection shall be as follows: Estimated Cost Vii__ al S1.00-525,000 5% of estimated cost S25000- $100000 51250 + 4% of estimated cost 5100,00141,000,000 54000 + 3.5% of est. cost 51,000,001 + 535,000 + 2.5% of est. cost In the event the initial cash deposit is not sufficient, the sub-divide/owner shall pay the difference between the estimated and total actual costs, or, if necessary, deposit an additional amount estimated by the City Engineer to cover the costs for remaining work. • 08/10/98 Camprehenswe Fee Resolution Page 23 The initial deposit must be paid prior to the final map receiving final approval from the City Council. The total actual cost must be paid prior to acceptance of the public improvement and release of subdivision bonds. Any excess deposits shall be returned to the sub - divider. 3. Parcel Map Waiver For each parcel map waiver, a S200 fee plus all required tentative map fees and a S500 deposit to cover engineering review and map check. The fee includes the issuance of a Certificate of Compliance. In the event, the initial cash deposit is not sufficient; the sub- divider /owner shall pay the total actual costs of review and plan check. 4. j.ot Line Adjustment and Certificate of Compliance a. For each lot line adjustment, a S100 fee. b. For each Certificate of Compliance, a $ 100 fee. c. Map Checking Fee - An initial cash deposit of $300 with the City of Seal Beach is required to cover costs of review and map check. In the event, the initial cash deposit is not sufficient; the sub- divider /owner shall pay the total actual costs of review and plan check. d. If the application is disapproved, the decision may be appealed to the City Council within 15 days of the date of mailing a notice of the action taken by the Director of Development Services and City Engineer to the applicant and payment of a fee of S100.00. e. For reversion to acreage, all fees and deposits applicable to tentative and final maps. C. Special Activity Request Application Fees All Special Activity Request Applications shall be accompanied with the appropriate Application Fee Deposit set forth immediately below. The application fee shall be the full cost of all - appropriate department review and approval. A reconciliation shall be provided to the applicant with an invoice for additional payment or a refund of excess deposit, and all appropriate funds due City ar applicant shall be cleared prior to issuance of the Special Activity Request Permit. • 08/10/98 Comprehensive Fee Resolution f Page 24 An application fee (deposit) shall be charged for Special Activity Requests per the following schedule: Aai lily Application Fee 1. Recreation sponsored or co- sponsored activities None 2. Resident non - fundraising activities of civic or service organizations None 3. Resident Activities S 25.00 4. Non - resident, non - fundraising activities of civic or service organizations S 75.00 5. Non - resident activities S 60.00 6. Commercial or profit - making activities S140.00 7. Weddings and Wedding Receptions Outdoor ceremonies are subject to City Wide scheduling. * Resident 1- 2 hours S100.00 * Resident 2 - 4 hours 5250.00 * Non - resident 1- 2 hours 5200.00 * Non - resident 2 - 4 hours 5350.00 8.. Activities (2) through (8) above serving alcoholic beverages $ 40.00 additional 9. Banner Placement Activities ... Actual Costs - $ 100.00 deposit NOTE: Application fees for certain charitable events, banner placement requests, and others as determined by the Activity Events Coordinator may be waived. . • • • 08/10/98 • - Comprehensive Fee Resolution f Page 25 ( D. Jneineerina and Public Works Fees Blueprinting and Printed Materials: Blue lines $5.00 First sheet Blue lines S2.00 Each additional sheet All other reproduction are actual costs incurred by the City from a Bonded Blue printer plus a 15% administration - charge - Seal Beach Standard Plans $25.00 Per copy Construction: Work done without permit: Penalty for failure to obtain permit prior to work started shall be double the total permit costs. CLASS A — ENCROACKMEN'T PERMITS — Engineering Division Includes - - -- - - : - .. t Sidewalk, Curb and Gutter, Driveway Approach, Curb Cores, Dirt Excavations in Parkway, Minor Street Cuts less than 25 SF, Valuation of all work not to exceed S5,000 as determined by the Engineering Division. ISSUANCE FEE $20 Each Permit Application INSPECTION: Charges for permits will be S70.00 $70 Minimum plus any minimum charge. Work will be billed on the number of additional costs hours expended or incurred plus the Issuance fee. incurred PERMIT REFUND for work not done 100% Less Issuance Fee r • • • 0 8/I0/98 Comprehensive Fee Resolution Pape 26 CLASS B ENCROACHMENT PERMITS — Engineering Division Includes any non -dass A encroachment, others Not listed in another ttassification and plan review and inspection for traffic plans and reports. - - ISSUANCE FEE S20.00 Each Permit Application INSPECTION: Charges for permits will be 570.00 570 Minimum plus any minimum charge. Work will be billed on the number of additional costs hours expended or incurred plus the Issuance fee. incurred PLAN CHECK Minimum Charge for Plan Check will be 5250 Minimum plus any 5250. Includes 2 hours of plan check. Additional work will additional costs be billed on the number of hours expended or incurred from incurred Contract Plan Checker plus 20% for administration. Additional deposits are required for applicant changes, revisions, or additions to the plans or if more than three plan checks are required. BOND /CASH SECURITY DEPOSIT FOR 100% Construction Costs CONSTRUCTION: 100% of the cost of construction as determined by the Engineering Division 4. PERMIT REFUND for work not done 100% Less Issuance Fee CLASS C — WATER SERVICE CONNECTION — Water Division ISSUANCE FEE S20.00 Each Permit Application INSPECTION: Charges for permits will be 5200.00 5200 Minimum plus any minimum charge. Work will be billed on the labor, additional costs materials, equipment expended or used plus the Issuance incurred fee. CLASS D — SEWER SERVICE CONNECTION — Wastewater Division • ISSUANCE FEE 520.00 Each Permit Application INSPECTION: Charges for permits will be 5200.00 5200 Minimum plus any minimum charge. Work will be billed on the labor, additional costs materials, equipment expended or used plus the Issuance incurred fee. • • • • 08/10/98 Comprehensive Fee Resolution ( Page 27 • CLASS E — TRANSPORTATION PERMITS — Engineering Division TRANSPORTATION PERMIT FEE S16.00 Each Permit Application CLASS F— STREET OBSTRUCTIONITRASH BIN PERMITS —Engineering Division ISSUANCE FEE $20.00 Each Permit • Application STREET OBSTRUCTION/TRASH BIN plus issuance fee S25 Each CLASS G— PUBLIC IMPROVEMENTS (Tracts and Non Tracts) — Engineering Division ISSUANCE FEE $20.00 Each Permit Application PLAN CHECK: 5% of improvement costs as determined by 5% of Improvement the Engineering Division. Additional deposits are required Costs for any applicant changes, revisions, or additions to the plans or if more than three plan checks are required. Additional work will be billed on the number of hours expended or costs incurred from Contract Plan Checker plus 20% for administration. INSPECTION: 5% of improvement costs as determined by 5% of lmprovement the Engineering Division Costs plus any additional costs incurred BOND /CASH SECURITY DEPOSIT FOR 100% Construction Costs CONSTRUCTION: 100% of the cost of construction as determined by the Engineering Division • • • • 081)0/98 Comprehensive Fee Resolution . Page 28 CLASS 11 — GRADING — Engineering Division _ . ISSUANCE FEE 520.00 Each Permit Application PLAN CHECK: Deposit for Plan Check will be 5500. $500 Minimum Deposit Includes 2 hours of plan check. Additional work will be billed on the number of hours expended or costs incurred . from Contract Plan Checker plus 20% for administration. Additional deposits are required for applicant changes, revisions, or additions to the plans or if more than three plan checks are required. INSPECTION: Charges for permits will be S140.00 $ 140 Minimum plus any minimum charge. Work will be billed on the number of additional costs hours expended or incurred plus the Issuance fee. incurred CLASS 1— FIRE FLOW TEST- Water Division ISSUANCE FEE 520.00 Each Permit Application • INSPECTION: Charges for permits will be S175.00 $175 Minimum plus any minimum charge. Work will be billed on the labor, additional costs materials, equipment expended or used plus the Issuance incurred. fee. CLASS J— HYDRANT WATER METER — Water Division ISSUANCE FEE 520.00 Each Permit Application DEPOSIT: Water shall be billed against deposit. 2) if cash $600 Minimum deposit balance drops below S500, and additional deposit will be required. MINIMUM CHARGE: to cover the labor, materials, • S125 Minimum charge per equipment expended or used per move or location plus the location or move Issuance fee. • • 08/10/98 Comprehensive Fee Resolution ! Page 29 CLASS K — EMERGENCY OR NON WORKING HOUR CALL OUTS — Public Works Department — all divisions ISSUANCE FEE $20.00 Each Permit Application CALLOUT FEE: Labor, Materials, and Equipment at one Actual Time and Materials and one half the rate plus 15% administration. Minimum 2 Costs hours Labor. I CLASS L— TREES — Landscape Division* _ _ *See City of Seal Beach Street Policy for guideline details. TREE FEE FOR NON - CRITERIA REMOVAL AND Actual Time and Materials REPLACEMENT: Labor, Materials, and Equipment plus 15% administration to remove and replace trees that do not meet removal criteria in the Street Tree Policy. Minimum 2 • hours Labor. UPGRADE TREE FEE: Material difference between Material Difference desired size and cost of a 15 gallon tree. SECTION 6. Recreation Department A. Communitv Center Facilities 1. Classification and Fees a. Resident groups shall be those having at least sixty (60 %) percent of their active membership residing within the City of Seal Beach. Resident groups have preference over non - resident groups. b. PDSty Lg. Sm. Room Room 1. Recreation sponsored or co- sponsored activities None None 2. Resident non - fundraising activities of civic or service organizations None None 3. Resident Activities 525.00 518.00 a. Cleaning fee S65 to 5100 530.00 • • 08/10/98 r Comprehensive Fee Resolution Page 30 4. Resident fundraising activities of civic or service organizations S 15.00/hour $8.00/hour a. Cleaning fee S65 to S 1 00 5. Non - resident, non - fundraising activities of civic or service organizations 535.00 S20.00 a. Cleaning fee S65 to S100 S30.00 6. Non - resident fundraising activities of civic or service organization S35.00/hour S20.00/hour a. Cleaning fee S65 to S100 S30.00 7. Non - resident activities 540.00/hour S20.00/hour a. Cleaning fee $65 to 5100 S30.00 8. Commercial or profit - making activities 590.00/hour 525.00/hour a. Cleaning fee $100 9. Weddings and Wedding Receptions Resident S500 /six (6) hours a. Cleaning fee $100 10. Weddings and Wedding Receptions - Non - Resident S600/six (6) hours a. Cleaning fee S150 11. Activities (2) through (8) above serving alcoholic beverages 525.00/hour additional B. ,Senior Center Rental Fees 1. Classifications and Fees a. Resident groups shall be those having at least sixty (60%) of their active membership residing within the City of Seal Beach. Resident groups have preference over non - resident groups. b. Requests for waiver of fees by a group will require City Council approval. • c. puoritx Elms 1. Recreation sponsored or co-sponsored activities. None 2. Resident non - fundraising activities of civic or service organizations None 3. Resident fundraising activities of civic or service organizations 515.00/hour • • 08/10198 ve Fee Resolution r • Comprehensive Page 31 4. Non - resident non - fundraising activities of civic or service organizations S30.00/hour 5. Non - resident fundraising activities of civic or service organizations $40.00/hour 6. Activities (2) through (5) above serving alcoholic beverages S25.00/hour additional C. ,Swimming Pool Fees 1. Community Swimming Pool/Classification and Fees a. Resident groups shall be those having at least sixty (60%) percent of their active membership residing within the City of Seal Beach. Resident groups have preference over non - resident groups. b. Recreation Swimming Children7 years of age and under $1.00 per session Aduhs 18 years of age and over S1.50 per session Family Swim: Regular fees for recreation swimming with a maximum of $2.00 S 3.00 per family. c. Adult Swimming Admission by swim pass $1.50 per swim d.. Swimming Instruction (1) Instruction fees for residents $28.00 (2) Instruction fees for non -residents S40 (3) Competitive Swimming Instruction: For qualified members of the Seal Beach Swim Team, the fee of $ 1.00 per day shall entitle members to participate in the scheduled competitive workouts. 2. Rental to Groups a. One lifeguard required for groups of 30 participants or less, $40.00 per hour with minimum of three hours. b. Groups of 30 to 60 participants, S50.00 per hour with minimum of three hours, and an additional S 20.00 per hour for each increment of 30 participants, over 60 participants. • • • 08/10:98 Comprehensive Fee Resolution Page 32 3. Use of the Swimming Pool by Commercial Users Should the pool become available for rental by commercial users providing instruction in SCUBA diving or similar instruction the City shall receive an amount equal to twenty percent (20%) of the gross receipts of said user, providing that in no case shall the fee be less than forty - five dollars (545.00) per hour with a minimum of ninety dollars (S90.00). • D. Recreation Program Fees The Recreation Director shall establish fees for the various recreation programs. These fees shall be based on type of program, number of participants and instructors, officials, etc., required. When calculating fees, an additional 19.4% of the fee shall be added for administrative costs. E. Fees for Use of Municipal Athletic Facilities The following rates shall be in effect for all reservations made through the Recreation Department Office. Resident groups may reserve up to three months in advance of their event. Resident youth groups to consist of minimum of 2-544 60 Seal Beach residents or Los Alamitos School District students. Youth groups are defined as persons age 16 and under. 1. All community parks: Youth Groups (resident) No Charge - Youth Groups (non- resident) 510.00/hour Adult Groups (resident) 515.00/hour Adult Groups (non - resident) S25.00/hour Business Use $50.00/hour 2. Bluebell lights and field: Youth Groups (resident) S10.00/hour . Youth Groups (non - resident) $ 15.00/hour Aduh Groups (resident) $20.00/hour Adult Groups (non - resident) $30.00/hour Business Use S55.00/hour 3. Edison softball diamond (no lights): Youth Groups (resident) No Charge Youth Groups (non - resident) S10.00/hour Adult Groups (resident) $ 15.00/hour Aduh Groups (non - resident) 520.00/hour Business Use . $50.00/hour • • • 08/10/98 Comprehensive Fee Resolution Page 33 4. Zoeter softball diamond (no lights): Youth Groups (resident) No Charge Youth Groups (non - resident) S10.00/hour Adult Groups (resident) 520.00/hour Adult Groups (non - resident) S30.00/hour Business Use S50.00/hour 5. Zoeter softball diamond (with lights): Youth Groups (resident) S20.00/hour Youth Groups (non - resident) 525.00/hour Adult Groups (resident) 540.00/hour Adult Groups (non- resident) S50.00/hour Business Use S60.00/hour 6. Maintenance of Edison, College Park or Zoeter ball diamond S25.00/field/day. 7. Rental of Bases Deposit S 125.0 + 525.00 /day 8. Gymnasium(minimum of 2 consecutive hours): Youth Groups (resident) S10.00/hour Youth Groups (non- resident) S20.00/hour Adult Groups (resident) $25.00/hour Adult Groups (non - resident) S40.00/hour Business Use S50.00/hour ,Additional hours: Youth S 10/hour Adult • S20/hour Business S30/hour 9. Heather and Marina Tennis Courts: • Youth Groups (resident) S 15/hour. Youth Groups (non - resident) S20/hour. Adult Groups (resident) S30/hour. Adult Groups (non - resident) S35/hour. Business Use Not Permitted • , • • • 08/10/98 Comprehensive Fee Resolution Page 34 FILMING FEES AND CHARGES Commercial Still Photography Annual permit application fee S35.00 Business license Adopted fee Location fee - General S100.00 per day Motion (Includes Video) Annual permit application fee S125.00 Business License Adopted Fee Location Fee - General S400.00/day CITY PROPERTY USE FEE (Addition to Location Fee - General) Pier and Park Area S250.00/day Lifeguard Station (Interior) S200.00/day City hall 5200.00 /day • CITY PERSONNEL TIME Reimbursed at time and half CITY EQUIPMENT AND VEHICLE USAGE Market Rental Rates pARKLN'G LOT USAGE 1 -5 Spaces S 20.00/Day 6 -10 Spaces S 40.00/Day 11 -20 Spaces S 80.00/Day 21 -30 Spaces S 120.00/Day 31 -40 Spaces S 160.00/Day 41 -50 Spaces S 200.00/Day 51 -60 Spaces S 240.00/Day 61 75 Spaces S 300.00/Day 76 100 Spaces S 400.00/Day 100 -125 Spaces S 500.00/Day 126 -150 Spaces $ 600.00/Day 151 -175 Spaces S 700.00/Day 176 -200 Spaces S 800.00/Day 201 -225 Spaces S 900.00/Day 226 -250 Spaces S 1000.00/Da Y r SECTION 7. Unspecified Fees • • 08/10/98 Comprehensive Fee Resolution Page 35 • Whenever fees are to be charged for services provided by the City and no method for the calculation is specified through this Resolution, other City Council resolutions, the Code of the Cityf Seal Beach, or other state or federal rulings, such cost shall be the actual cost, including the proportionate part of the salaries, wages or other compensation of any deputy or employee, material and equipment costs and the cost of overhead, 19.4% percent of the total. • Section 8. Each and every provision of Resolution Numbers 4192, 4234, 4250, 4442, 4494, 4499 and 4519 of the City Council of the City of Seal Beach that establishes a rate or amount for a fee or charge which differs from the rate or amount for that fee or charge as stated in this Resolution is hereby superseded. The restatement is this Resolution of existing rates and amounts for previously imposed taxes, fees and charges is for the purpose of administrative convenience and is not intended, and shall not be construed, as the imposition, extension, or increase of any such tax, fee or charge. SECTION 9. Effective Date This Resolution shall be effective upon adoption except for any agreements, contracts, plans and specifications submitted to the City prior to the date of adoption. PASSED APPROVED AND ••� D by the City u cil ofthe City of Seal Beach, California, at a e - meeting thereof held on the day of 1998 by the following vote: AYES: Council Memb r�� f Ay■ P&_,_.e • NOES: Council Members 14#._ ) / 410 / 4, - 1 ) , ..■104`e.eAl/ Mayor ata T: Vf.f I a Cl Clerk k • • 08/30.98 Comprehensive Fee Resolution k. Page 36 City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beac plifsmia, do hereby certify that the foregoing Resolution is an original copy of Resoluti • • Number O on file in the office of the City Clerk, passed, approved and adopted by the C' e unc' oft e City of Seal Beach at a regular meeting th held on t#te c 6 day of A — 1998. / ( .74 a #5 , / C lerk • • • • • Bisby Old Ranch Towne Grater Development Agreement Ciy of Seal Beach November 25, 1998 • EXHIBIT "Q" FORM OF DRAINAGE EASEMENT • • Bixby Old Ranch Devdopment Ae.meowoc 82 0 • Bixby Old Ranch Towne Center Development Agreement Ciry of Seal Beach November 25, 1998 RECORDING REQUESTED BY AND WHEN RECORDED MAIL, TO: City of Seal Beach Attention: City Manager 211 8th Street Seal Beach, California 90740 EXEMPT from recording fee pursuant . SPACE ABOVE THIS LRVE FOR RECORDERS USE To Government Code Section 6103 FIRST AMENDMENT TO EASEMENT DEED THIS FIRST AMENDMENT TO EASEMENT DEED (the 'First Amendment') is made and entered into as of , 1998, by BIXBY RANCH COMPANY, a California corporation ('Grantor'), in favor of the CITY OF SEAL BEACH, a municipal corporation ('City of 'Grantee). Recitals: A. Fred H. Bixby Ranch Company is the Grantor, and the City s the Grantee, under that certain Easement Deed (the `Easement Deed') dated March 27, 1967 and recorded on April 7, 1967, as Instrument No. 3790 in Book 8219, pages 92 -926 of the Official Records of the County of Orange, California. The terms of such Easement Deed are incorporated by reference herein. B. Grantor is the successor In interest to the Fred H. Bixby Ranch Company as the owner of the . property described in Exhibit A to the Easement Deed. C. Grantor and Grantee desire to amend the Easement Deed in certain respects. NOW, THEREFORE, the parties hereto agree as follows: 1. Effective as of the recordation of this First Amendment, paragraph 1 of the Easement Deed is hereby amended to read as follows: 1. The Grantor, Its successors and assigns, shall at all times preserve and maintain the required volumes of storage and hydraulic characteristics as indicated below: [Insert new table here] Bixby Old Rand Development Agreement-doe 83 • • Bixby Old Ranch Towne Center Development Agreement Ciry ((Seal Beach November 25, 1998 It is understood that Grantor shall have no obligation, express or implied to maintain any specific structures on the property for channeling or directing the tow of water so received, or for impounding the water to be stored.' 2. The Easement Deed, as amended herein, represents the entire agreement of the parties hereto with respect to the subject matter hereof, and It supercedes all prior and contemporaneous agreements, representations and understandings of the parties with respect to the subject matter hereof. No supplement, modification or amendment hereto or to the Easement Deed shall be binding unless executed in writing by all of the parties hereto. This First Amendment shall bind and inure to the benefit of the parties and their respective heirs, successors and assigns. Except as herein amended, the Easement Deed shall remain as originally written. IN WITNESS WHEREOF, the parties have entered into this First Amendment to Easement Deed as of the day and year first written above. CITY OF SEAL BEACH By Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: . Richards, Watson & Gershon, a professional corporation By: City Attorney (Signatures continue) Bixby Old Ranch Development Aoeeoeotdoo 84 • • Bixby Old Ranch Towne Canter Development Ag, eennent City of Seal Beach November 25, 1998 BIXBY RANCH COMPANY A California limited partnership By: Bixby Management Corporation, a Delaware Corporation, its General Partner By: Its: By Its: CITY OF ) STATE OF CALIFORNIA ) SS COUNTY OF ) On before me, personally appeared 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 admowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislher/their signature9s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal, Signature (This area for official notarial seal) Bixby Ord Rands Development AoeemeoLdoc 85 \ 1 Pi \\ i \ • 1 sFx EACH BOULEVARD i i i i i i v Ili i N D X ' M Z i MI 0 .\ 1 gli as f 1 03 13 \ I 1 ► r C� Z I �� � j 1r z -1 ; Ili C) - .i • 1 r �� C 1 � � � : � � CCU Co1MNI COM/ imam Pion �.os r 11 = r env we. COYPANr '∎ ■r s r• w OLO 11001 MN COM 1.• ............ .-L-1 asupre awls • • Bixby Old Ranch Towne Carter Development Agreement Ciry of Seal Beach November 25, 1998 EXHIBIT "Q" LEGAL DESCRIPTION Drainage Easement - Legal Description: Those portions of the South Half of Section 32 and the East Half of Section 31, both in Township 4 South, Range 11 West, in the Rancho Los Alamitos, City of Seal Beach, County of Orange, State of California, as per map filed in Decree of Partition in the Superior Court of Los Angeles County, State of California, Case No. 13527, a certified copy of the Final Decree of said case having been recorded February 2, 1891, in book 14 page 31 of Deeds of said Orange County, described as follows: Beginning at a point in the Northwesterly line of Lampson Avenue, 80.00 feet wide, as shown on a map of Tract 5961 recorded in book 217 pages 41 to 44, inclusive, of Miscellaneous Maps in the office of the County Recorder of said Orange County, distant thereon N 54 °56'24" E a distance of 831.46 feet from the Southwesterly extremity of that course shown as "N 54 ° 56'39" E 1508.98 feet" in the Northwesterly line of said Lampson Avenue; Thence S 54 °56'24" W a distance of 20.00 feet along said Northwesterly line; Thence N 35 °03'36" W a distance of 61.90 feet; Thence N 78°00'15" W a distance of 109.83 feet; Thence Northwesterly, Westerly and Southwesterly along a tangent curve concave Southeasterly with a radius of 182.00 feet a distance of 268.68 feet; Thence S 17 °24'45" W a distance of 230.88 feet; Thence S 35 °03'36" E a distance of 22.02 feet to said Northwesterly line; Thence S 54 °56'24" W a distance of 20.00 feet along said Northwesterly line; Thence N 35 °03'36" W a distance of 8.00 feet; Thence S 56 °35'21" W a distance of 347.30 feet; Thence S 68°43'27" W a distance of 140.58 feet; Thence N 84 °11'39" W a distance of 286.47 feet; Thence S 74 °08'34" W a distance of 596.70 feet; Thence S 51 °05'55" W a distance of 226.14 feet; Thence S 55 °52'06" E a distance of 213.84 feet; Thence S 40 °38'09" E a distance of 204.24 feet; Thence N 82 °41'24" E a distance of 157.28 feet; Thence S 34 °31'49" E a distance of 149.70 feet; Thence S 51 °03'36" E a distance of 28.00 feet to said Northwesterly line; Thence S 38 °56'24" W a distance of 20.00 feet along said Northwesterly line; Thence N 51 °03'36" W a distance of 25.00 feet; Thence S 61 °42'15" W a distance of 116.53 feet; Thence N 63 °46'20" W a distance of 153.84 feet; Thence N 40 °09'04" W a distance of 300.89 feet; Thence N 56 °50'09" W a distance of 182.78 feet; Thence N 85°27'47" W a distance of 277.87 feet; Thence S 49°32'01" W a distance of 89.38 feet; Thence S 51 °52'04" E a distance of 153.84 feet; Thence S 33°47'07" W a distance of 160.03 feet; Thence S 03 ° 43'38" W a distance of 138.29 feet; Thence S 46 °38'27" E a distance of 99.04 feet; Thence N 65 °18'01" E a distance of 150.79 feet; Thence N 09 °39'52" E a distance of 136.95 feet; Thence N 53 °01'39" E a distance of 232.80 feet; Thence S 44 °43'09" E a distance of 142.13 feet; Thence S 38 W a distance of 179.91 feet; Thence S 64 °47'41" W a distance of 356.98 feet; Thence S 20 °15'17" W a distance of 345.78 feet to the Northerly line of said Lampson Avenue; Thence N 89°48'19" W a distance of 440.00 feet along said Northerly line; Thence Westerly and Northwesterly along a Bixby ad Ranch Development ApeemanLdoc 86 - . - • • re) . , ,.... a U . • , •_ 4 I '• ' 111 . ....II Ei 1: ; il.a., , i 1 i i ..\ *.:. 4i • 1/4\ - - 1 1/4 l 44. 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"........_ 110,1 1 impl 11 11,011 oft" it i ll _ I tr i Mil s i I 0 • 0 Bixby Old Ranch Towne Cuter Developrnent Agreement Ciry ofSeal Beach Novanber 2S, 1998 • EXHIBIT "S" LOCATION OF LANDSCAPING GREEN BELT AND FORM OF OFFER OF DEDICATION Bixby as heath Development ABeemeotdoc 89 M f.�r'f to 113UQ.1 M01 -O'Mi 0 10 f�� w raq IMV0103 1014 AIM sus ' t w*u sw.uo, `r ' 9 O , w.+i..w ....w...� f r. C. , 1)( i :;l( .a 1thfJ � 1 1 1 C a ll I '� . •I �: ...,. , l I" 1: • . 4.. ,Iiiiitql . ., ,., , . .....,_, or ........ till 14 r OS III II • iA . NI . . , II K ' ki 1111 r.. IMO 1 r4 2 ' . i f S "'r — LLJ i1 ENE �_ t $ : _. • __ W amf . 1 4 I a NEE r ..414k . • e • 0 . • I • i' «r • • ��o ,;;,;, ( 1 •Z ;,; I - . ',11111■116iL14 5 .. .. . . ; ar!•-,.. - .6■11/716, i ;, 1 . : . . It : . : :4E . D.... ,. . .0 _. 1 away r . h . . '',. • .. 4 ' . 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I..- . 1 i 011i:11, i hip ) i 1 w t. , ' \ 0 4 ibil „.„. IiM , I \, [ N- , 1 \ I I 1 v ...... . rE I I \ 1 \ 1.... \ 1,, . i • ffl i\ ••_•• � Mii � I �••�.••y..•.�I /tea 1 • • Ii I •wmbl?‘ /6 1 . I i I 1 . I I s 1 . . s=ue `( ri W ovum RANCH . .' r ` m a� row e COMPANY 4 .::::::-. �.�• — . .IO soma • Btxbj+ Old Ranch Tosegioster Development Agreenert City of Seal Beach November 23, 1998 EXHIBIT "S" LEGAL DESCRIPTION Landscaping Greenbelt - Legal Descriation: A rea A• [ TO BE PROVIDED AT TIME OF SUBDIVISION MAP APPROVAL] Area B. [ TO BE PROVIDED AT TIME OF SUBDIVISION MAP APPROVAL] • Area D: [ TO BE PROVIDED AT TIME OF SUBDIVISION MAP APPROVAL] ** ** Bixby Old Ranch Development Agreement 90 • Bixby Old Rands Towne Center Development Agreement Ciy o:Seal Beach November 23, 1998 EXHIBIT "T" FORM OF QUITCLAIM DEED (AFRC PROPERTY) Bixby Old Ranch Development Agreement 91 Bixby OldRanchT ter Developmettagreemtert City ((Seat Beach November 23, 1998 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Seal Beach Attention: City Manager FREE RECORDING 211 8th Street GOVERNMENT CODE Seal Beach, California 90740 SECTION 6103 DOCUMENTARY TRANSFER TAX $ SPACE ABOVE TILLS LINE POR RECORDERS USE ... Computed on the consideration or value of property conveyed; OR ... Computed on the consideration or value ley liens on encumbrancer remaining at time of ale Signature of Declarant or Agee determining tax - Firm Name CORPORATION QUITCLAIM DEED FORA VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, a corporation organized under the laws of the State of , does hereby REMISE, RELEASE AND QUITCLAIM to , the real property in the City of , County of Orange, State of California, described as: (Insert Legal Description) Dated By: President By: Secretary CITY OF ) STATE OF CALIFORNIA ) SS COUNTY OF ) Bixby Old Ranch Development Agreement 92 • 0 , Bixby Old Ranch Towne Center Developnent Agreement • Ciry of Seal Beach November 23, 1998 On before me, personally appeared personally known tome (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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(Ies), and that by his/her/their signature9s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, Signature (This area for official notarial seal) Bixby old Ranch Development Agreement 93 • r 0 w 0 SV OPERATING MEMORANDUM NUMBER ONE ✓ DATED DECEMBER 15, 1998 I. RECITALS 1. On November 23, 1998, the City Council of the City of Seal Beach adopted an ordinance authorizing the execution of that certain agreement entitled "Development Agreement and Amendment to Memorandum of Understanding Dated July 14, 1997" (hereinafter "Development Agreement "). 2. The parties to the Development Agreement are the City of Seal Beach ( "City ") and the Bixby Ranch Company ( "Owner "). 3. Section 4.9 of the Development Agreement provides that the City and Owner may, from time to time, agree that refinements and clarifications are appropriate with respect to the details of performance of the City and Owner. Where the City and Owner agree that such clarifications are necessary or appropriate, the City and Owner shall effectuate such clarifications through an operating memoranda approved by the City and Owner. 4. The parties hereto agree that the following refinements and clarifications are appropriate. II. AGREEMENT Based upon the foregoing recitals, and for good consideration, City and Owner hereby agree that the following refinements and clarifications shall be made to that certain Development Agreement. 1. Section 1.3.15 defines Old Ranch Tennis Club as that parcel of land described in Exhibit B attached to the Development Agreement and all structures permanently affixed thereto. Pursuant to Section 3.2.5.1 of the Development Agreement, Bixby has agreed to dedicate to the City the property described in Exhibit B attached thereto. Bixby further agrees herein to offer to the City, free of charge, any personal property located on such property owned by Bixby. The parties hereby agree that upon the City accepting the offer of dedication, Bixby will permit the City to enter the property and perform an inventory of all personal property that it desires to obtain from Bixby. The list of personal property that Bixby will be transferring to the City shall be attached hereto as Exhibit A. 2. Exhibit I of the Development Agreement is a listing of the Mitigation Measures adopted by the City Council in connection with its certification of the Environmental Impact Report. Exhibit I contains one or more references to Development Area E, which is referred to as the Old Ranch Tennis Club site in the Development Agreement. C:\My Documents \Bixby Towne Center EIR \Operating Memoranda No. 1.doc \LW \01 -21 -99 '. • • Operating Memoranda Number 1 City of Seal Beach and Bixby Ranch Company December 15, 1998 3. The descriptions of Area B set forth in Sections 1.3.19.4 and 3.1.1.4 includes a sign not to exceed a maximum height of 50 feet. It is and was the understanding of the parties hereto that 50 feet is the maximum height of such sign and that the City has the discretion to limit the height of the sign to a lesser height. On December 9, 1998, the Planning Commission approved a sign not to exceed 42 feet in overall height. Moreover, the Commission's action includes a condition that the highest tenant lettering shall be no higher than 38 feet in height. 4. Section 3.2.5.2 relating to the Community Police Center is hereby refined and clarified as follows: Owner agrees to construct the facility and offer to dedicate such facility, and the real property beneath it, to the City. Owner shall construct building shell improvements for such facility prior to the issuance of any occupancy permits for the housing development contemplated for Area D. Owner shall provide to City an additional tenant improvement allowance of $30,000, so that the total amount of allowance given by Owner to the City for tenant improvements, furnishings, and fixtures for the community police/public use center shall be $50,000. Upon City acceptance of such dedication, the City shall own the facility and shall be responsible for all maintenance of such land and improvements and for all utility use. This offer of dedication shall become effective on the Effective Date and shall remain in effect for the Term of this Agreement. 5. Section 3.2.5.1 of the Development Agreement requires the Owner to offer to dedicate the property upon which the Old Ranch Tennis Club is located. Concurrently with the transfer of the site from Owner to City, Owner shall transfer to City any and all its property rights and interests in and to any contract, license, lease or other instrument with any lessee, licensee, tenant or contractor occupying or leasing the site. 6. In addition to the dedications and conditions of development agreed to by Owner set forth in the Development Agreement, Owner shall: a. at its own cost and expense install decorative pedestrian crossing pavement treatment at the intersections of Seal Beach Boulevard and Lampson Avenue and Seal Beach Boulevard and Rossmoor Center Drive. Owner shall apply for and receive City approval of the designs for such decorative pedestrian crossing pavement treatment prior to construction; b. co- sponsor with the City a Junior Golf Program for the thirty year period after the Effective Date of the Development Agreement or for so long as the City • determines there is sufficient interest and participation in the program. Owner shall contribute $5,000 in start-up funds; provide access privileges to the Bixby Old Ranch Golf Course to all participants in the Program; and provide discounts on the customary fee for use of the driving range to all participants in the Program. The Junior Golf Program shall be developed by the City Recreation Department and Owner; and Operating Memoranda No. 1 2 Operating Memoranda Number 1 City of Seal Beach and Bixby Ranch Company December 15, 1998 c. at its own cost and expense purchase and dedicate to the City a speed monitoring radar device. Owner shall seek and obtain City approval of the type of device prior to purchase. 7. The monument signs required by Section 3.2.5.4 shall be completed to satisfaction of the City prior to the issuance of certificates of occupancy for any structure located in Area B. 8. Section 3.2.5.7 of the Development Agreement requires the Owner to install, construct, relocate, restripe, enhance, improve, repair and pay for a number of improvements to enhance Lampson Avenue. Likewise, Section 3.2.5.9 of the Development Agreement requires Owner to construct a portion of the City's Long Range Storm Drain Improvement. Owner shall complete all such required enhancements and pay to City all monetary amounts required by Section 3.2.5.7, complete the construction required by Section 3.2.5.9, and install the decorative pedestrian pavement treatment required in Section 6a. of this Memoranda, prior to the reopening of the golf course located in Area C. 9. Plans for the water retention basin referenced in section 3.2.5.8 shall be submitted to The City for its review and approval prior to the issuance of any grading permits for the property containing the reconfigured golf course (Area C). Such basin shall be completed and operating prior to the reopening of the golf course. 10. The location of the water well site referenced in Section 3.2.5.10 shall be determined at a later date. 11. Upon execution of this Operating Memorandum Number One, the City Clerk is hereby directed to attach such Memorandum as an addendum to the Development Agreement. IN WITNESS WHEREOF, the parties have each executed this Agreement on the date first above written. • CITY OF SEAL BEACH By: City Manager ATTEST: By: City Clerk [Signatures Continue] Operating Memoranda No. 1 3 • • Operating Memoranda Number 1 City of Seal Beach and Bixby Ranch Company December 15, 1998 BIXBY RANCH COMPANY, a California limited partnership By: Bixby Management Corporation, a Delaware Corporation, its General Partner By: Its: By: Its: Operating Memoranda No. 1 4 • • • OPERATING MEMORANDUM NUMBER TWO - DATED JULY 12, 2001 RECITALS - 1. On November 23, 1998, the City Council of the City of Seal Beach adopted an ordinance authorizing the execution of that certain agreement entitled "Development Agreement and Amendment to Memorandum of Understanding Dated July 14, 1997" (hereinafter "DA ") for the development of the Property, as that term is defined therein. 2. The parties to the DA are the City of Seal Beach ( "City ") and the Bixby Ranch Company ( "Owner "). City and Owner are sometimes collectively referred to herein as "the parties." 3. DA Section 4.9 provides that City and Owner may, from time to time, agree that refinements and clarifications are appropriate with respect to the details of performance of City and Owner. Where City and Owner agree that such clarifications are necessary or appropriate, City and Owner shall effectuate such clarifications through an operating memoranda approved by City and Owner. 4. The parties previously have agreed upon certain refinements and clarifica to the DA, which matters are set forth in that certain agreement entitled "Operating Memorandum Number One Dated December 15, 1998" (hereinafter "OM1 "). 5. The parties agree that the following additional refinements and clarifications are appropriate. • II. AGREEMENT Based upon the foregoing recitals, and for good consideration, City and Owner hereby agree that the following refinements and clarifications shall be made to the DA and, where applicable, to OM1. 1. Pursuant to DA Section 3.2.5.1, Owner agreed, inter alia, to dedicate the Old Ranch Tennis Club to City at no cost and to pay to City the sum of One Million Dollars (51,000,000.00). Owner hereby agrees to advance One Hundred Thousand Dollars (5100,000.00) of that amount to City prior to the acceptance by City of Owner's offer of dedication. Such advance of funds shall be submitted to City within ten (10) days of execution of this Operating Memoranda Number 2 (hereinafter "OM2 "). Owner shall pay to City the balance of that amount (Nine Hundred Thousand Dollars (5900,000.00)) upon acceptance of the offer of dedication, in accordance with the provisions of DA Section 3.2.5.1. Should City not accept the dedication of the Old Ranch Tennis Club within the time period established by the DA, City shall within thirty (30) days of the expiration of such time period refund the sum of One Hundred Thousand Dollars ($100,000) so advanced by Owner. C•1My Docmnents`Bixby Towne Center EIR \Operating Memo 42 Final Vesion.doc \LR'10 7-11 -01 • Operating Memoranda Number 2 • Bixby Old Ranch Towne Center Project City of Seal Beach and Bixby Ranch Company July 12, 2001 2. DA Section 3.1.1.1 provides that Area D may be subdivided into 90 parcels, of which 75 parcels are permitted to be residential lots. DA Section 3.2.5.2 and OM1 Section 11.4 require Owner to dedicate land to City and to construct building shell improvements, which were (notwithstanding the references contained therein) to be within Area D as a use permitted in addition to the 75 residences. Section 3.1.1.1 was therefore not intended to apply to the property proposed for dedication. A final map has now been recorded for the residential development on the land other than that which was to be dedicated, and City has determined it - does not need such dedication and construction. In lieu thereof, Owner shall pay to City Two Hundred and Ten Thousand Dollars ($210,000.00) within ten (10) days of execution of this i ' 0M2. In addition, if Owner transfers such property, and the transfer results in the construction of more than the 75 residences contemplated by DA Section 3.1.1.1, then the City shall be entitled to receive from Owner an additional One Hundred Thousand Dollars ($100,000.00) within ten (10) days after - approval of a subsequent land subdivision entitlement by City. Upon City's receipt of all funds required herein, all of Owner's obligations and duties pursuant to DA Section 3.2.5.2 and OM1 Section II.4 shall be satisfied, and to prevent such land from sitting vacant, Owner may utilize the land which would have been so dedicated for residential development, subject to all other Applicable Rules, notwithstanding the limitation on number of residential lots contained in Section 3.1.1.1. The provisions of Development Agreement Section 4.2, Cooperation and Implementation, shall be applicable to the fullest extent reasonable and feasible to implement this provision. 3. Owner hereby agrees that the $35,000 which Owner must pay to City pursuant to DA Section 3.2.5.7(5) may be utilized by City for improvements to enhance Lampson Avenue and the property adjacent thereto other than or in addition to removing the block wall located on the north side of Lampson Avenue between the Western Education Building and Parkwood and to improving the landscaping in the same area. Owner shall pay that amount to City within ten (10) days of execution of this 0M2. Upon City's receipt of all funds required herein, all of Owner's obligations and duties pursuant to DA Section 3.2.5.7(5) shall be satisfied. 4. Pursuant to DA Section 3.2.5.7(6), Owner shall repair a wall and improve certain landscaping. In lieu of Owner's obligations set forth in DA Section 3.2.5.7(6), Owner shall pay to City Fifteen Thousand Dollars ($15,000.00) within ten (10) days of execution of this 0M2. The payment of such amount shall satisfy all of Owner's obligations required by DA Section 3.2.5.7(6). 5. - DA Section 3.2.5.10 requires Owner to "set aside" at no cost to City land to accommodate a water well. In lieu of such obligation, Owner shall dedicate to City such land. Within forty -five (45) days of execution of this 0M2, Owner shall prepare appropriate documents to facilitate the transfer in fee dedication to City of that certain property located within Area "C" at the extreme easterly comer of said Area "C" and Lampson Avenue and . more particularly described in Exhibit A ( "water well site "). City shall lease the water well site to Owner for uses allowed in the Recreational Golf (R -G) Zone for $1.00 per year until Operating Memo r2.Fina1 Version • • • Operating Memoranda Number 2 Bixby Old Ranch Towne Center Project City of Seal Beach and Bixby Ranch Company July 12, 2001 City constructs the water well. City shall provide Owner a "Notice to Quit — Intention to Construct Water Well" at least sixty (60) days prior to the award of a contract for the construction of the water well facility. Owner shall vacate the water well site within thirty (30) days of receipt of the "Notice to Quit — Intention to Construct Water Well" from City. • 6. OM1 Section II.6.a requires Owner at its own expense and cost to install decorative pavement treatment at the intersections of (i) Seal Beach Boulevard and Lampson Avenue; and (ii) Seal Beach Boulevard and Rossmoor Center Drive. Within ten (10) days of execution of this 0M2, Owner shall pay to City a total of Twenty -Four Thousand Dollars ($24,000.00) in lieu of installing such improvements. The payment of such amount shall satisfy all of Owner's obligations required by OM1 Section II.6.a. 7. OM1 Section II.6.c requires Owner to purchase and dedicate to City a speed monitoring radar device. Within ten (10) days of execution of this 0M2, Owner shall pay to City a total of Thirty-Two Thousand Dollars ($32,000.00) in lieu of acquiring and dedicating to City such speed monitoring device. The payment of such amount shall satisfy all of Owner's obligations required by OM1 Section II.6.c. 8. OM1 Section 11.8. requires Owner to complete certain improvements set forth in DA Sections 3.2.5.7 and 3.2.5.9 prior to reopening the golf course. To provide increased flexibility to the parties herein, the City Manager of City (hereinafter "City Manager ") is hereby authorized to extend the dates for completion of such improvements set forth in DA Sections 3.2.5.7 and 3.2.5.9 and within OM1 Section 11.8, should Owner request such extension. Approval of such request shall not be unreasonably withheld by City Manager and Owner shall expeditiously proceed with the completion of the required activities in a good faith effort to accomplish all required activities in as timely manner as possible in conjunction with the reopening of said golf course. 9. It is the desire of the parties to clarify responsibilities for additional project implementation activities that are not clearly set forth, or were not contemplated, within the Development Agreement or OM1. City and Owner agree as follows: (a) Frontage Improvements - Seal Beach Boulevard and Lampson Avenue. The payment for certain frontage improvements already installed by Owner and additional frontage improvements shall be resolved as follows: (1) Owner shall pay all costs, fees and expenses associated with existing frontage improvements installed by Owner on the easterly side of Seal Beach Boulevard between Rossmoor Center Way and St. Cloud, including center median islands. • (2) As set forth in the "Improvement Agreement" between City and Owner, dated April 4, 2001, Owner shall pay all costs, fees and expenses associated with, arising from, incurred or to be incurred in connection with frontage improvements contemplated in the Final EIR for the Old Ranch Towne Center Project on the easterly side Opeiating Memo 42.Fina1 Version 3 I r • • ar Operating Memoranda Number 2 • Bixby Old Ranch Towne Center Project City of Seal Beach and Bixby Ranch Company • July 12, 2001 of Seal Beach Boulevard between Northbound I -405 Off -Ramp and Lampson Avenue, including installation of curb, gutter, and bus turn -out. (3) Frontage improvements contemplated by City, but not yet constructed on the easterly side of Seal Beach Boulevard between Lampson Avenue and St. Cloud, including re-alignment of center median islands, shall be constructed by City in conjunction with future bridge reconstruction over the I -405 Freeway, and Owner shall have no responsibility to pay any costs, fees and expenses associated with, arising from, or incurred in connection with those construction activities. Owner shall prepare an interim intersection improvement plan, and construct the improvements shown thereon, for the Seal Beach Boulevard/Lampson Avenue intersection to: (i) eliminate the existing "free" right turn lane from westbound Lampson Avenue to northbound Seal Beach Boulevard; and (ii) accommodate the future design of the street improvements, 12 foot bike path and the maintenance structure referenced in Section 9(b)(1) herein, in' substantial compliance with the plan attached hereto as Exhibit B and incorporated by this reference. The contemplated future frontage improvements include three northbound travel lanes, a northbound right turn lane for movement in and out of the development entrance, and a northbound right turn lane at Lampson Avenue on Seal Beach Boulevard between the I -405 NB ramps and Lampson Avenue. The interim plan shall include all lane modifications and signal relocation necessary to locate said signal at the appropriate design location for the contemplated future improvements to accommodate the future full widening of Seal Beach Boulevard as shown • on Exhibit B. . (4) Frontage improvements on the westerly side of Seal Beach • Boulevard between Northbound I -405 Off -Ramp and Lampson Avenue, including re- . alignment of center median islands, shall be constructed by City in conjunction with future bridge reconstruction over the I -405 Freeway, and Owner shall have no responsibility to pay any costs, fees and expenses associated with, arising from, or incurred in connection with those construction activities. (5) As set forth in the `Improvement Agreement" between City and Owner, dated April 4, 2001, Owner shall pay all costs, fees and expenses associated with, arising from, incurred or to be incurred in connection with traffic lane width re- striping and center median island reconfiguration/landscaping on Lampson Avenue. (b) Abandonment of right- of -way. Certain land dedications have been accepted by City from Owner and recorded. Abandonment of portions of these recorded dedications are necessary to carry out the intent of the land dedications and not cause substantial harm to Owner or its assigns, and to conform such land dedications to other discretionary approvals previously granted by City. City hereby agrees to process the following abandonments of rights -of -ways upon preparation and submittal to the City of the appropriate abandonment documents by Owner: (1) Old Ranch Country Club Maintenance Area. Owner deeded to City by Instrument Number 20000356782 certain lands along Seal Beach Boulevard from Operating Memo #2.Final Version 4 • • Operating Memoranda Number 2 Bixby Old Ranch Towne Center Project City of Seal Beach and Bixby Ranch Company • July 12, 2001 Lampson Avenue to Rossmoor Center Way. Such - document inadvertently included • portions of the Old Ranch Country Club Maintenance Area, adjacent to Lampson Avenue, within said dedication. It was never contemplated by City or Owner that said Maintenance. Areas would be deeded to City, and City and Owner desire to abandon portions of said dedication to remove said Maintenance Areas from those lands owned by City. Owner shall prepare appropriate documents for the abandonment of such Maintenance Area as set forth in Incledon Kirk Engineers letter of February 23, 2001. Such documents shall be in substantial compliance with the plan attached hereto as Exhibit B, which, inter alia, shows the location of the maintenance structure and the 12 -foot wide bike path required by the "Mitigation Monitoring Program" for the Bixby Old Ranch Towne Center Project. Such abandonment documents are subject to the review and approval of the City Attorney. (2) Old Ranch Towne Center. Owner deeded to City by Instrument Number 20000356782 certain lands along Seal Beach Boulevard from Lampson Avenue to Rossmoor Center Way. Such document conflicts with concurrent Site Plan Review approvals granted by the City for a 26.045 -acre retail center (Area A). In consideration of Owner's obligations set forth in Section 9(a)(1), the City shall abandon the property shown on Exhibit C. Owner shall prepare appropriate documents in recordable form subject to the review and approval of the City Attorney. 10. Upon execution of this 0M2, the City Clerk is hereby directed to attach such Memorandum as an addendum to the Development Agreement. • Intentionally Blank • Operating Memo #2.Final Version 5 • Operating Memoranda Number 2 P Bixby Old Ranch Towne Center Project City of Seal Beach and Bixby Ranch Company • July 12, 2001 IN WITNESS WHEREOF, the parties have each executed this Agreement on the date first above written. CITY OF SEAL BEACH • By: City an- _ • -r ATTEST: f APPROVED AS TO FORM - / „20-09-, By: y: J ( 1erk City Attorney BIXBY RANCH COMPANY, a California limited partnership By: Bixby Management Corporation, a Delaware Corporation, its General Partner By: 4i�?iliZ /L/ Y• Its: 64. v AeoNDa By: Its: ®- e Ft Operating Memo #2.Final Version 6 • erating Memoranda Number 2 Bix Ranch Towne Center Project City of Seal Beach and Bixby Ranch Company July 12, 2001 EXHIBIT A WATER WELL SITE • • • Operating Memo #2.Final Version 7 • • O c Q. �v i • IP t 1' i il i ' 1 1 o ff/ 1. 11 1 it it 1 1 11 1 7 VI I J1 i \ iFP f �` 1 t \\‘ • :� O pf O a I ...4 .11 74. 'C'\\ i G" 4 % il '3 1 1." 15ita 3 ('' U Z. (<1 U \ ::, s 1 3 ° mss '��� �, ��P • I \ ___ - 4 • 1 1 i l 1 , . 4 -,-. 111 I \ • \\ ', .Z 4 L1 0 '311 i t 1 �! ' 4 �e a 1.' ij: \ 1 \ % 1 7 1 w � � 1 \\ J -I �: \ \ . 1 \� / . i'1 -\ '. ■\___\:---„/ 1 I i 1 . -''.% . i� \'_. \ \. Lam' • • Pump Station Dedication Legal Description May 20, 2001 In the City of Seal Beach, County of Orange, State of California, being an undivided South, Range 11 West Portion of Section 32, Township 4 San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the ma p filed Deeds, in the Office of the County RecordernofosaiddCounty ,31 of described as follows:. Beginning_ at the Northwest Corner of the Southwest said Section 32, thence easterly along the.north lineaofesaid Southwest Quarter of said Section 32 to the northerly right -of- way line of Lampson Avenue, 80 feet wide, said point bein g the TRUE POINT OF BEGINNING; thence westerly along said north line of said Southwest Quarter of said Section 32 589.00 feet; thence a distance of southerly, at right angles to said north line of said Southwest Quarter of said Section 32 northerly right line �� to said Y of said Lampson Avenue, 80 feet wide, a distance of approximately 182.92 feet; thence easterly along said northerly right-of-way line of said Lampson Avenue to the TRUE POINT OF BEGINNING. /ANAL LANG s y o r o LS _4 Exp. 12.31 -04 xJ 4‘0 F0ALIVC C • • • •erating Memoranda Number 2 Bixby Old Ranch Towne Center Project City of Seal Beach and Bixby Ranch Company July 12, 2001 EXHIBIT B INTERIMIULTIM ATE INTERSECTION IMPROVEMENTS AT SEAL BEACH BOULEVARD AND LAMPSON AVENUE • Operating Memo :2.Final Version 8 • , MAY-21-2001 06:48 PM OTTERSON & ASSOCIATES 7149605604 P.e2 • • • f fiNm ()(1 Subject 13 IX Oi.D :AIJC1M ` came — Alagli 11 IA\X , -: Jobs 2 00r0100- I -- 4. il'I 1 Nti['. Sheet I _ of 2. s E N C I N E E R S Made by �. QTTTS olJ Date _ 1�� Checked by Date .S t ' 4r / 2?0 Ev/9,eb &"X /.5 7 Ib CON-2)/ 7 /ONS . \ \ \\ LGdei \ Q- reic � , Z-471/40A/ f� tJg tl s�c,N,g t3 \( , \ r""41b".. 4 -' Q Q4 1/ t O t l `'`' r?AA/c: 6 CCAITER 1 "q pE`P 73 W I H t V) :7/ / Sas SToR A2M9 t ii,..„2- �__ OLD - /� 1 O - 7 uS N/8 D�f r ', Pr',erY y' MAY -24-2001 06:48 PM OTT•SON & ASSOCIATES 71490604 P.03 1 1N' ( ) t ( subject 8:'c $Y DAD RollJ a l} Tor✓ij6" _ 6E/47 — A-1?, }- 133 ► Ak t Z ao�� 00— J . (r 1 U . i i� I \ N Jabs _ Sheet # 2- _ of z E N G I N E E R S Made by , J. OTTSZ.S Old Cate .. / k3 jOiChacked by Gets . .c - ani,er CON2' / \\ 1 16 . . 2 ,. \ \• Lt6e d'c sAa,,r4L 4 �4 1 . • Z L •91J 0,4/ 9vE_ Q 4-- O rt1r )I.! ,eA,Vcy W J/ � , 4,e 8 1 1 ( I 1 Ir I L • B0.5 sl igiPF.,9 -7- 4) i i i O 1 1 I 1 _r \ OLD RdA/cy I mi,eei 9y x- dos N/g 19)7:Pyhf" • Operating Memoranda Number 2 Bixby Old Ranch Towne Center Project City of Seal Beach and Bixby Ranch Company July 12, 2001 EXHIBIT C ABANDONMENT AREA AT SEAL BEACH BOULEVARD • MAINTENANCE BUILDING • (AREA C) • Operating Memo #2.Final Version 9 • ab =23 -01 05:45P Incledorirk Engineers 714244021 P.05 . 15767 c. TRACT) LOT 3 , LOT 8 __ __ • 1 , ST. CLOUD ` - - S01.13'34"W 58.69' DRIVE 1 N88•46'26”w _ 1 249.77' 1 \— POINT OF BEGINNING ° f 1 > �, i in I Tr) fl T • 0 ° . Q 1 . w CO 1 t cn ' 1 1 1 1 S88'46'25"E 8.92' 1 i RUE POINT OF BEGINNING tJ TRUE / = k,BmDOwee - N co 1 � r / O .- :_ Z r73- ii . I ° tn N1604'17"W 18.80' • N66 11'04''W 6.96' / SCALE: 1'= 120' FMRUARY 23, 2.01 LAMPSON AVE \ Feb- 23' -01 05:45P Incled, Kirk Engineers 7142221 • P.06 • t 1 1 I 1 I 1 1 ABANDONMENT EXHIBIT 1 1 1 FEBRUARY 23, 2001 1 INCLEDON KIRK ENGINEERS ' 1 I _ 1 I 1 i i 1 t , t 1 I 1 ; .- 'M EIN 11111=1•11•111•1 1 i c&z— ; /1 / 1 I • ❑ ) . ' t / / ' v a I t i t � i17 ' i / 1' _ Li M E 1 u' O O w 151 r U co z !i. , l 1 = 1 z '�- i O i j 1d 1 ' .2 o i , z I ' 1; r 1 I = f / j! 1� V 1 b EXIST ROW a 1, ' VI 0 - PROPOSED ABANDONMENT o ; i O 1 t 1 li 1 V -\ k uti :2 7 _` © N 4 _may 0 ., \ //N. . ..... � .., NN . „.. ,c,,,, . / A N , • . /N. NN X a,. r .� \ ..%' • =6-23 =01 05:45P Incled Kirk Engineers 7142221 P_03 Legal Description D A Q P7 February 23, 2001 . In the City of Seal Beach, County of Orange, State of California, being a portion of the land described in the Grant Deed from Bixby Ranch Company to City of Seal Beach, recorded July 7, 2000 in the Office of the County Recorder of said County as Instrument Number 20000356782, described as follows: Beginning at the southerly terminus of a line in the boundary of Lot 3 of Tract 15767 as shown on Lot Line Adjustment No. LL -01, recorded June 22, 2000 in the Office of the County Recorder of said County as Instrument Number 20000329078, said line having a • bearing of S 01 W and having a length of 58.69 feet; thence N 88 ° 46'26" W along the southerly boundary of said Lot 3 as shown on said Lot Line Adjustment a distance of 249.77 feet to the easterly boundary of said Grant Deed; thence S 01 W along said easterly boundary of said Grant Deed a distance of 664.45 feet to the TRUE POLNIT OF BEGINNING; thence continuing along said easterly boundary of said Grant Deed S 01 ° 13'35" W a distance of 181.12 feet; thence leaving said•easterly boundary of said Grant Deed N 66 ° 11'04" W a distance of 6.96 feet; - thence N 16 W a distance of 18.80 feet; thence N 02 ° 20'00" E a distance of 160.52 feet; thence S 88 ° 46'25" E a distance of 8.92 feet to the TRUE POINT OF BEGINNING. • • Operating Memoranda Number 2 Bixby Old Ranch Towne Center Project City of Seal Beach and Bixby Ranch Company July 12, 2001 EXHIBIT D ABANDONMENT AREA AT SEAL BEACH BOULEVARD PURSUANT TO SITE PLAN REVIEW 98 -1 (AREA A) Operating Memo #2.Final Version 10 •M'ay -1 y -91 12:96 PM INCL•N 9498.162 P.93 EXHIBIT R A " • _egal Description !n the City of Seal Beach County of Orange, State of California, being o portion of Lots 1, 4, 5 and- 6 of Tract Map Number 15767 filed as Instrument Number 19990303000 in Book 783, Pages 17 through 19, inclusive, of Miscellaneous Maps in the Office of the County Recorder of said County and modified by Lot Line Adjustment Number 00 -01, filed June 22, 2000 as Instrument Number 20000329078 in the Office of the County Recorder o' scid County, described as follows: Beginning at the most northeasterly corner of said Lot 4 of said Tract 15767; thence N 88 - 46 - 26 W o distance of 141.41 feet to the TRUE POINT OF BEGINNING; thence S 01-13 -35 W a distance of 144.12 feet; thence S 01 -13 -35 W a distance of 149.17 feet; thence 5 01 -13 -35 W a distance of 20.00 feet; thence 5 01 -13 -35 W a distance of 6.20 feet; thence N 88 -46 -26 W a distance of 20.00 feet; thence N 01-13-35 E c distance of 6.20 feet; thence N 01 -13 -35 E a distance of 20.00 feet; thence N 01 -13 -35 E a distance of 149.17 feet; thence N 01 -13 -35 E a distance of 144.12 feet, thence 5 88 -46 -25 E o distance of 20.00 feet to the TRUE POINT "OF BEGINNING. . I 588' 46'26 "E 20.00 N88 "46'25'W 141.41' ` IN IN 4 n = LOT 4 . . 41 � r 1 1 F RAC I ..... m z / QUITCLAIM AREA / _ " S88'45'26 - E 20.00 1 5767 C) o; / :°: n LOT 5 I LOT 1 •I g 1 h / n III ° n rl 03 IT-5 1 1 � / N S86'46'26 0 20.00 - '� 588 - 46'26 - E In f- 20.00 o - -4.40000. 5C 1' 13'35'N 20.00' N. S01'13'35`W 6.20' r ! I ' t 1 N "W 20.00' 1 L � N i 10T 6 _ r SCALE: 1'- 80' 1 I DEEDED TO CITY OF 1 s SEAL BEACH PER INST. NO. 20000356782 . • FILE COPY OPERATING MEMORANDUM NUMBER ONE DATED DECEMBER 15, 1998 RECITALS 1. On November 23, 1998, the City Council of the City of Seal Beach adopted an ordinance authorizing the execution of that certain agreement entitled "Development Agreement and Amendment to Memorandum of Understanding Dated July 14, 1997" (hereinafter"Development Agreement"). 2. The parties to the Development Agreement are the City of Seal Beach ("City") and the Bixby Ranch Company ("Owner"). 3. Section 4.9 of the Development Agreement provides that the City and Owner may, from time to time, agree that refinements and clarifications are appropriate with respect to the details of performance of the City and Owner. Where the City and Owner agree that such clarifications are necessary or appropriate, the City and Owner shall effectuate such clarifications through an operating memoranda approved by the City and Owner. 4. The parties hereto agree that the following refinements and clarifications are appropriate. II. AGREEMENT Based upon the foregoing recitals, and for good consideration, City and Owner hereby agree that the following refinements and clarifications shall be made to that certain Development Agreement. 1. Section 1.3.15 defines Old Ranch Tennis Club as that parcel of land described in Exhibit B attached to the Development Agreement and all structures permanently affixed thereto. Pursuant to Section 3.2.5.1 of the Development Agreement, Bixby has agreed to dedicate to the City the property described in Exhibit B attached thereto. Bixby further agrees herein to offer to the City, free of charge, any personal property located on such property owned by Bixby. The parties hereby agree that upon the City accepting the offer of dedication, Bixby will permit the City to enter the property and perform an inventory of all personal property that it desires to obtain from Bixby. The list of personal property that Bixby will be transferring to the City shall be attached hereto as Exhibit A. 2. Exhibit I of the Development Agreement is a listing of the Mitigation Measures adopted by the City Council in connection with its certification of the Environmental Impact Report. Exhibit I contains one or more references to Development Area E, which is referred to as the Old Ranch Tennis Club site in the Development Agreement. C:\My Documents\Bixby Towne Center EIR\Operating Memoranda No. 1.doc1LW\0141-99 • • Operating Memoranda Number 1 City of Seal Beach and Bixby Ranch Company December 15, 1998 3. The descriptions of Area B set forth in Sections 1.3.19.4 and 3.1.1.4 includes a sign not to exceed a maximum height of 50 feet. It is and was the understanding of the parties hereto that 50 feet is the maximum height of such sign and that the City has the discretion to limit the height of the sign to a lesser height. On December 9, 1998, the Planning Commission approved a sign not to exceed 42 feet in overall height. Moreover, the Commission's action includes a condition that the highest tenant lettering shall be no higher than 38 feet in height. 4. Section 3.2.5.2 relating to the Community Police Center is hereby refined and clarified as follows: Owner agrees to construct the facility and offer to dedicate such facility, and the real property beneath it, to the City. Owner shall construct building shell improvements for such facility prior to the issuance of any occupancy permits for the housing development contemplated for Area D. Owner shall provide to City an additional tenant improvement allowance of$30,000, so that the total amount of allowance given by Owner to the City for tenant improvements, furnishings, and fixtures for the community police/public use center shall be $50,000. Upon City acceptance of such dedication, the City shall own the facility and shall be responsible for all maintenance of such land and improvements and for all utility use. This offer of dedication shall become effective on the Effective Date and shall remain in effect for the Term of this Agreement. 5. Section 3.2.5.1 of the Development Agreement requires the Owner to offer to dedicate the property upon which the Old Ranch Tennis Club is located. Concurrently with the transfer of the site from Owner to City, Owner shall transfer to City any and all its property rights and interests in and to any contract, license, lease or other instrument with any lessee, licensee, tenant or contractor occupying or leasing the site. 6. In addition to the dedications and conditions of development agreed to by Owner set forth in the Development Agreement, Owner shall: a. at its own cost and expense install decorative pedestrian crossing pavement treatment at the intersections of Seal Beach Boulevard and Lampson Avenue and Seal Beach Boulevard and Rossmoor Center Drive. Owner shall apply for and receive City approval of the designs for such decorative pedestrian crossing pavement treatment prior to construction; b. co-sponsor with the City a Junior Golf Program for the thirty year period after the Effective Date of the Development Agreement or for so long as the City determines there is sufficient interest and participation in the program. Owner shall contribute $5,000 in start-up funds; provide access privileges to the Bixby Old Ranch Golf Course to all participants in the Program; and provide discounts on the customary fee for use of the driving range to all participants in the Program. The Junior Golf Program shall be developed by the City Recreation Department and Owner; and Operating Memoranda No. I 2 Operating Memoranda Number! City of Seal Beach and Bixby Ranch Company December 15, 1998 c. at its own cost and expense purchase and dedicate to the City a speed monitoring radar device. Owner shall seek and obtain City approval of the type of device prior to purchase. 7. The monument signs required by Section 3.2.5.4 shall be completed to satisfaction of the City prior to the issuance of certificates of occupancy for any structure located in Area B. 8. Section 3.2.5.7 of the Development Agreement requires the Owner to install, construct, relocate, restripe, enhance, improve, repair and pay for a number of improvements to enhance Lampson Avenue. Likewise, Section 3.2.5.9 of the Development Agreement requires Owner to construct a portion of the City's Long Range Storm Drain Improvement. Owner shall complete all such required enhancements and pay to City all monetary amounts required by Section 3.2.5.7, complete the construction required by Section 3.2.5.9, and install the decorative pedestrian pavement treatment required in Section 6a. of this Memoranda, prior to the reopening of the golf course located in Area C. 9. Plans for the water retention basin referenced in section 3.2.5.8 shall be submitted to The City for its review and approval prior to the issuance of any grading permits for the property containing the reconfigured golf course (Area C). Such basin shall be completed and operating prior to the reopening of the golf course. 10. The location of the water well site referenced in Section 3.2.5.10 shall be determined at a later date. 11. Upon execution of this Operating Memorandum Number One, the City Clerk is hereby directed to attach such Memorandum as an addendum to the Development Agreement. IN WITNESS WHEREOF, the parties have each executed this Agreement on the date first above written. CITY OF SEAL BEACH By: City Manager ATTEST: By: City Clerk [Signatures Continue] Operating Memoranda No. 1 3 • Operating Memoranda Number! City of Sea!Beach and Bixby Ranch Company December 15, 1998 BIXBY RANCH COMPANY, a California limited partnership By: Bixby Management Corporation, a Delaware Corporation, its General Partner By: Its: By: Its: Operating Memoranda No. I 4 • EILE COPY • • OPERATING MEMORANDUM NUMBER TWO DATED JULY 12, 2001 RECITALS - 1. On November 23, 1998, the City Council of the City of Seal Beach adopted an ordinance authorizing the execution of that certain agreement entitled "Development Agreement and Amendment to Memorandum of Understanding Dated July 14, 1997" . (hereinafter"DA") for the development of the Property, as that term is defined therein. 2. The parties to the DA are the City of Seal Beach("City") and the Bixby Ranch Company ("Owner"). City and Owner are sometimes collectively referred to herein as "the parties." 3. DA Section 4.9 provides that City and Owner may, from time to time, agree that refinements and clarifications are appropriate with respect to the details of performance of City and Owner. Where City and Owner agree that such clarifications are necessary or appropriate, City and Owner .shall effectuate such clarifications through an operating memoranda approved by City and Owner. 4. The parties previously have ' agreed upon certain refinements and clarifications to the DA, which•matters are set forth in that certain agreement entitled "Operating Memorandum Number One Dated December 15, 1998" ('Hereinafter "OM1"). 5. The parties agree that the following additional refinements and clarifications are appropriate. II. AGREEMENT Based upon the foregoing recitals, and for good consideration, City and Owner hereby agree that the following refinements and clarifications shall be made to the -DA and, where applicable, to OM1. 1. Pursuant to DA Section 3.2.5.1,.Owner agreed, inter alia, to dedicate the Old Ranch Tennis Club to City at no cost and to pay to City the sum of One Million Dollars (S 1,000,000.00). Owner hereby agrees to advance One Hundred Thousand Dollars (8100;000.00) of that amount to City prior to the acceptance by City of Owner's offer of dedication. Such advance of finds shall be submitted to City within ten (10) days of execution of this•Operating Memoranda Number 2 (hereinafter "OM2"). Owner shall pay to City the balance of that amount (Nine Hundred Thousand Dollars (8900,000.00)) upon acceptance of • the offer of dedication; in accordance with the provisions of DA Section 3.2.5.1. Should City not accept the dedication of the Old Ranch Tennis Club within the time period established by the DA, City shall within thirty (30) days of the expiration of such time period refund the sum of One Hundred Thousand Dollars (5100,000) so advanced by Owner- • C'\My Documents!Bixoy Towne Center EIR'.Operatin2 Memo=2-Final Version.doetLW\0i-I1-01 • ; • • t} U .J :..: L Operating Memoranda Number 2 Bixby Old Ranch Towne Center Project City of Seal Beach and Bixby Ranch Company July 12, 2001 • 2. DA Section 3.1.1.1 provides that Area D may be subdivided into 90 parcels, of which 75 parcels are permitted to be residential lots. DA Section 3.2.5.2 and OMI Section II.4 require Owner to dedicate land to City and to construct building shell improvements, which were (notwithstanding the references contained therein)-to be within Area D as a use permitted • in addition to the 75 residences. Section 3.1.1.1 was therefore not intended to apply to the property proposed for dedication. A final map has now been recorded for the residential development on the land other than that which was to be dedicated, and City has determined it does not need such dedication and construction. In lieu:thereof, Owner.shall pay to City Two Hundred and Ten Thousand Dollars ($210,000.00) within ten (10) days of execution of this OM2. In addition, if Owner transfers such property, and the transfer results in the construction:of more than the 75 residences contemplated by DA Section 3.1.1.1, then the City shall be entitled to receive from Owner an additional One Hundred Thousand Dollars ($100;000.00) within ten (10) days after approval of a subsequent land subdivision entitlement by City. _ I Upon City's receipt of all funds required herein, all of Owner's obligations and duties pursuant to DA Section 3.2.5.2 and OM1 Section II.4 shall be satisfied, and to prevent such land from sitting vacant, Owner may utilize the land which would have been so dedicated for residential development, subject to all other Applicable Rules, notwithstanding the limitation on number of residential lots contained in Section 3.1.1.1. The provisions of Development Agreement Section 4.2, Cooperation and Implementation, shall be applicable to the fullest extent reasonable and feasible to implement this provision. 3. Owner hereby agrees that the $35,000 which Owner must pay to City pursuant to DA Section 3.2.5.7(5) may be utilized by City for improvements to enhance Lampson Avenue and the property adjacent thereto other than or in addition to removing the block wall located on the north side of Lampson Avenue between the Western Education Building and Parkwood and to improving the landscaping in the same area. Owner shall pay that amount to City within ten (10) days of execution of this OM2. Upon City's receipt of all funds required herein, all of Owner's obligations and duties pursuant to DA Section 3.2.5.7(5) shall be satisfied. 4. Pursuant to DA Section 3.2.5.7(6), Owner shall repair a wall and improve certain landscaping. In lieu of Owner's obligations set forth in DA Section 3.25:7(6), Owner shall pay to City Fifteen Thousand Dollars ($15,000.00),within ten (10) days of execution of this OM2. The payment of such amount shall satisfy all of Owner's obligations requited by DA Section 3.2.5.7(6). 5. DA Section 3.2.5.10 requires Owner to "set aside" at no cost to City land to accommodate a water well. In lieu of such obligation, Owner shall dedicate to City such land. Within forty-five (45) days of execution of this OM2, Owner shall prepare appropriate documents to facilitate the transfer in fee dedication to City of that certain property located within Area "C" at the extreme easterly corner of said .Area "C" and Lampson Avenue and more particularly described in Exhibit A ("water well site"). City shall lease the water well site to Owner for uses allowed in the Recreational Golf(R-G) Zone for $1.00 per year until Operating Memo 2.Final Version 2 • Operating Memoranda Number 2 Bixby Old Ranch Towne Center Project City of Seal Beach and Bixby Ranch Company July 12,2001 City constructs the Mater well. City shall provide Owner a "Notice to Quit — Intention to Construct Water Well" at least sixty (60) days prior to the award of a contract for the construction of the water well facility. Owner shall vacate the water well site within thirty (30) days of receipt of the"Notice to Quit—Intention to Construct Water Well" from City. 6. OM1 Section II.6.a requires Owner at its own expense and cost to install decorative pavement treatment at the intersections of (i)• Seal Beach Boulevard and Lampson Avenue; and (ii) Seal Beach Boulevard and Rossmoor Center Drive. Within ten (10) days of execution of this OM2, Owner shall pay to City a total of Twenty-Four Thousand Dollars ($24,000.00) in lieu of installing such improvements. The payment of • such amount shall satisfy all of Owner's obligations required by OM1 Section II.6.a. 7. OM1 Section II.6.c requires Owner to purchase and dedicate to City a speed monitoring radar device. Within ten (10) days of execution of this OM2, Owner shall pay to City a total of Thirty-Two Thousand Dollars ($32,000.00) in lieu of acquiring and dedicating to City such speed monitoring device. The payment of such amount shall satisfy all of Owner's obligations required by OM1 Section II.6.c. • • 8. OM1 Section IL8. requires Owner to complete certain improvements set forth in DA Sections 3.2.5.7 and 32.5.9 prior to reopening the golf course. To provide increased flexibility to the parties herein, the City Manager of City (hereinafter "City Manager") is hereby authorized to extend the dates for completion of such improvements • set forth in DA Sections 3.2.5.7 and 3.2.5.9 and within OM1 Section 11.8, should Owner request such extension. Approval of such request shall not be unreasonably withheld by City Manager and Owner shall expeditiously proceed with the completion of the required activities in a good faith effort to accomplish all required activities in as timely manner as possible in conjunction with the reopening of said golf course. 9. It is the desire of the parties to clarify responsibilities for additional project implementation activities that are not clearly set forth, or were not contemplated, within the Development Agreement or OM1. City and Owner agree as follows: • (a) Frontage Improvements, - Seal Beach Boulevard and Lampson Avenue. The payment for certain frontage improvements already installed by Owner and additional frontage improvements shall be resolved as follows: • (1) Owner shall pay all costs fees and expenses associated with existing frontage improvements installed by Owner on'the easterly side of Seal Beach Boulevard between Rossmoor Center Way and St. Cloud, including center median islands. • (2) As set forth in the "Improvement Agreement" between City and Owner, dated April 4, 2001, Owner shall pay all costs, fees and expenses associated with, arising from, incurred or to be incurred in, connection with frontage improvements • contemplated in the Final EIR for the Old Ranch Towne Center Project on the easterly side Operating Memo#2.Final Version 3 • • Operating Memoranda Number 2 Bixby Old Ranch Towne Center Project Ciro of Seal Beach and Baby Ranch Company • July 12,2001 of Seal Beach Boulevard between Northbound I-405 Off-Ramp and Lampson Avenue, including installation of curb, gutter, and bus turn-out. (3) Frontage improvements contemplated by City, but not yet constructed on the easterly 'side of Seal Beach Boulevard between Lampson Avenue and St. Cloud, including re-alignment of center median islands, shall be constructed by City in conjunction with future bridge reconstruction over the I-405 Freeway, and Owner shall have no responsibility to pay any costs, fees and expenses associated with, arising from, or incurred in connection with those construction activities. Owner shall prepare an interim intersection improvement plan, and construct the improvements shown thereon, for the Seal Beach Boulevard/Lanipson Avenue intersection to: (i) eliminate the existing "free" right turn lane from-westbound Lampson Avenue to northbound Seal Beach Boulevard; and (ii) accommodate the future design of the street improvements, 12 foot bike path and the maintenance structure referenced in Section 9(b)(1) herein, in' substantial compliance with the plan attached hereto as Exhibit B and incorporated by this reference. The contemplated future frontage improvements include three northbound travel lanes, a northbound right turn lane for movement in and out of the development entrance, and a northbound right turn lane at Lampson Avenue on Seal Beach Boulevard between the I-405 NB ramps and Lampson Avenue. The interim plan shall. include all lane modifications and signal relocation necessary to locate said signal at the appropriate design location for the contemplated future improvements to accommodate the future full widening of Seal Beach Boulevard as shown on Exhibit B. (4) Frontage improvements on the westerly side of Seal Beach Boulevard between Northbound I-405 Off-Ramp and Lampson Avenue, including re- alignment of center median islands, shall be constructed by City in conjunction with future bridge reconstruction over the I-405 Freeway, and Owner shall have no responsibility to pay any costs, fees and expenses associated with, arising from, or incurred in connection with those construction activities. (5) As set forth in the "Improvement Agreement" between City and Owner, dated April 4, 2001, Owner shall.pay all costs, fees and expenses associated with, arising from, incurred or to be incurred in connection with traffic lane width re-striping and center median island reconfiguration/landscaping on Lampson Avenue. • (b) Abandonment of right-of-way. Certain land dedications have been accepted by City from Owner and recorded. Abandonment of portions.of these recorded dedications are necessary to carry out the intent of the land dedications and not cause substantial harm to Owner or its assigns, and to conform such land dedications to other discretionary approvals previously granted by City. City hereby agrees to process the following abandonments of rights-of-ways upon preparation and submittal to the City of the appropriate abandonment documents by Owner: (1) Old Ranch Country Club Maintenance Area. Owner deeded to City by Instrument Number 20000356782 certain lands along Seal Beach Boulevard from Ooerdting Memo'2.Final Version • • • • Operating Memoranda Number 2 Bixby Old Ranch Towne Center Project City of Seal Beach and Bixby Ranch Company July 12,2001 • Lampson Avenue to Rossmoor Center Way. Such document inadvertently included portions of the Old Ranch Country Club Maintenance Area, adjacent to Lampson Avenue, within said dedication. It was never contemplated by City or Owner that said Maintenance. Areas would be deeded to City, and City and Owner desire to abandon portions of said -dedication to remove said Maintenance Areas from those lands owned by City. Owner shall prepare appropriate documents for the abandonment of such Maintenance Area as set forth in Incledon Kirk Engineers letter of February 23, 2001. Such documents shall be in substantial compliance with the plan attached hereto as Exhibit B, which, inter alia, shows the location of the maintenance.structure and the•12-foot wide bike path required by the "Mitigation Monitoring Program" for the Bixby Old Ranch Towne Center Project. Such abandonment documents are subject to the review-and approval of the City Attorney. . (2) Old Ranch Towne Center. • Owner deeded to City by Instrument Number 20000356782 certain lands along Seal Beach Boulevard from Lampson Avenue to Rossmoor Center Way. Such document conflicts with concurrent Site Plan Review approvals granted by the City for a 26.045-acre retail center (Area A). In consideration of Owner's obligations set forth in Section 9(a)(1), the City shall abandon the property shown on Exhibit C. Owner shall prepare appropriate documents in recordable form subject to the review and approval of the City Attorney. 10. Upon execution of this OM2, the City Clerk is hereby directed to attach such Memorandum as an addendum to the Development Agreement. Intentionally Blank • • • • • Operating Memo-2.Final"Version 5 i . • Operating Memoranda Number 2 Bixby Old Ranch Towne Center Project City of Seal Beach and Bixby Ranch Company July 12, 2001 IN WITNESS WHEREOF, the parties have each executed this Agreement on the date first above written. CITY OF SEAL BEACH B : Mir Y City an.•:r - ATTEST:,/ APPROVED AASSaTOAFORM B , tX 971 6� ;%tiC 1ur- By: }: Cieif Jerk City Attorney BIXBY RANCH COMPANY, a California limited partnership By: Bixby Management Corporation, a Delaware Corporation, its General Partner : /4 �� Y Its: 64. do /Dcsz17— By: C_ 2 , Its: V A ts e Fo Operating Memo=2 Final Version 6 • • • • crating Memoranda Number 2 Bixb d Ranch Towne Center Project City of Seal Beach and Bixby Ranch Company July 12, 2001 • EXHIBIT A WATER WELL SITE • • 7 Operating Memo#2.Finat Version . • , • � oc � m • in ti ; o ii; '4 _ 0 in r # 3 Ncj N• llI IA ,i c J = N ,, i4 iii l' 111; i; ii . (\ ' iii i a .3 y :, I 911 ' � \ t r i o c, \� 0 LP Ir.Z il 3 °z c',.:4 fe .�?4_ S�t\ 7 ca .L' O r Q : �� y i 1 i4 ' , \ I I `i / ss \ 1 Z6761 :'\\ \\ L• , - ) _ \, �_a\ 4-`1 \\:::,_>-_,yy IV; j �1 — 'j ,\\ -\3 \\ { ;f/ Q\' z'}-' t �� t\�'_. �`a ,7-'\4--\ ` -=,- ;r`� ,i''� i-7-1C7'7 ° —/-\ ; `-c \\ ! 1;_/— (4 \ ' , \ • • Pump Station Dedication Legal Description May 20, 2001 In the City of Seal .Beach, County of Ora- CalifOTnia eir; Q1 g"� State of g an undivided portion of Section 32, Township South, Range 11 West, San Bernardino n te a Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of described as follows : said County, Beginning at the Northwest Corner of the Southwest Quarter of said Section 32, thence easterl Southwest r-� - Y along the .north line of said Quarter o_ said Section 32 to the northerly right-of- way line of Lampson Avenue, 80 feet wide, said point being the TRUE PO Southwest BGINNING; thence westerly along said north line Of said thwest Quarter of said Section 32 a distance of 589 . 00 feet; thence southerly, at right angles to said line of said Southwest II Quarter of said Section 32 to Said dTt northerly right-of-way line of said Lampson Avenue, wide, a distance of approximately 0 Este or_mately 182 . 92 feet; thence easterly along said northerly right-of-way line of said Lampson Avenue to the TRUE POINT OF BEGINNING. /NFLL q 0/V n • LS i_4 0 tw Exp. 12.31-04 • r�P OF-CALF • • • Iterating Memoranda Number 2 Bixby Old Ranch Towne Center Project City of Seal Beach and Bixby Ranch Company July 12, 2001 EXHIBIT B INTERIM/ULTIMATE INTERSECTION IMPROVEMENTS AT SEAL BEACH BOULEVARD AND LAMPSON AVENUE • • • • • • • • • • • • • • • Operating Memo n2.Final Version 8 1,1AY-21-2001 06 :48 PM OTTERSON & ASSOCIATES 7149605604 P. 0.2 • • INM'itif t ' Subject '5 IXBY OI.D 'A/4CN - 7-01-iklE Cart-12, - A egvi g f f`ll , .S �� Job* Z'oofeloo- (;Ri NSI' Cheek/ _ I _ of 2. E N G I N E E R S Made by 1. O TE 2.$Old Dates IJO Checked by — - Date Se-4e— SE4CH SOUL E492,45 6-x7.5 rrMi Cov.D777,0Ns it \ \ r «sE,do \ r o- ra L \ '• '" AMPS 4/1/C2/Vg -4 Ic-c: O z ku tO t l' is' T�.WiVE C6N7E7Z J I 1 ,q/Fo? a i 'W I t r I ;I 1 aus s7or a9 1 1 `„ ( 6-447z/Ad ,Eqy, OLD ?AvCil O 2--/405 N/3 O<f'.��ri. 1 p.re,YU9}' 5 MAY-2.1-2001 06 :48 PM OTT•SON & ASSOCIATES 7149.604 P. 03 N.59:tl j,'.. Subject BIXat Ot.D RAAtcl-t 1114.0/6- Ce,ime - A1?e} B t.;let IIS:SI'AN Jobt Shoeti 2 _ of z E N C I N E E R S ,Made by J. °77€75 Cid Cate s"/0/Checked by Cute SCA[. BE'4Lh' -7'LIZ 61/422> FUTu eE COND/z/ ,ys \ \ a 1 1 \ . L erarro J CI - Ttq> c 1 5/4w 4L C \ 1 L 4ni o,i 9vE��r — r O NI ,I 7ø * jtr OLD / 11 iI ' T0WNF 1 Carrie i1 f�� I I I4E1)9 z t . 10.5 57oP yEg4 L- CAL 72,9,A6 _.. 9.1 X A�r OLD R,4fivcy .%)9exu9r O r- lOS .v/B OSterA • •Operating Memoranda Number 2 Bixby Old Ranch Towne Center Project City of Seal Beach and Bixby Ranch Company July 12,2001 • EXHIBIT C ABANDONMENT AREA AT SEAL BEACH BOULEVARD MAINTENANCE BUILDING (AREA C) • • Operating Memo#2.Final Version 9 =_b-23-01 O5 : 45P IncledoAlkirk Engineers 714244021 P . 05' I \ TRACT 15767 LOT 3 • I LOT 8 � _ _ _ _ _ _ ST. CLOUD I I - - I SO 1'13'34 W 58.69' DRIVE I N88'46'26"W _ 249.77' ` I L PONT OF EEGINNING 0 1 1 HUT LOI in Z 1 71 (0 C.-.) 'TT Q W 1 CO ' I J WI I II i I I I S88.46"2D t 8.92' I 1 ! FON TRUE T OF EEGONNING Li RIG-IT-OF-UV o. FSANDON4IENT N ood11MN vt I M T O ^ C7 / Z O N10 04'17'"1N 18.80' I N66'11 '04°W 6.96' SCALE: 1'.. 120' F3RUFRY 23, 2001 / —AMPSON AVE . \ • r. 1b-23'-01 O5 _ 45P Incled• Kirk Engineers 7142 221 P _ 06 • 1 I i i I ABANDONMENT EXHIBIT i FEBRUARY 23, 2001 1 I . . J I INCLEDON KIRK ENGINEERS I I 1 1 i 1 ! I i , I I i 1, , 1 1 1 I ; C, I; 40 20 0 1 II I LI 1 GRAPHIC 5:1LE 4° K I/iL \P yi An 11 1 1 0 1 .I 1 Q I • W J 1N 1 O i Z ' U IQ �i; i J a z i i + i • l' I EXIST ROW I `�+ "' PROPOSED ABANDONMENT v1 1 i i a t PR01 0__, II 0 � v ----„.., iiiik -;%:,...„..\\ i—y \ y' I -. \ ' / - N /2 /N- �� =e6-23 01 05 : 45P Incled Kirk Engineers 7142.221 P . 03 7 0, UU F .' Legal Description ,1, . February 23, 2001 . • in the City of Seal Beach, County of Orange, State of California, being a portion of the land described in the Grant Deed from Bixby Ranch Company to City of Seal Beach, recorded July 7, 2000 in the Office of the County Recorder of said County as Instrument Number 20000356782, described as follows: Beginning at the southerly terminus of a line in the boundary of Lot 3 of Tract 15767 as shown on Lot Line Adjustment No. LL-01, recorded June 22, 2000 in the Office of the County Recorder of said County as Instrument Number 20000329078, said line having a • bearing of S 01°13'34"-W and having a length of 58.69 feet; thence N 88°46'26" W along the southerly boundary of said Lot 3 as shown on said Lot Line Adjustment a distance of 249.77 feet to the easterly boundary of said Grant Deed; thence S 01°13'35" W along said easterly boundar •of said Grant Deed a distance of 664.45 feet to the TRUE POINT OF BEGINNING; thence continuing along said easterly boundary of said Grant Deed S 01°13'35" W a distance of 181.12 feet; thence leaving said easterly boundary of said Grant Deed N-66°11'04" W a distance of 6.96 feet;-thence N 16°04'17" W a distance •of 18.80 feet; thence N 02°20'00"E a distance of 160.52 feet; thence S 88°46'25" E a distance of 8.92 feet to the TRUE POINT OF BEGINNING.. • • • • • Operating Memoranda Number 2 Bixby Old Ranch Towne Center Project City of Seal Beach and Bixby Ranch Company July 12, 2001 EXHIBIT D • • • ABANDONMENT AREA AT SEAL BEACH BOULEVARD PURSUANT TO SITE PLAN REVIEW 98-1 - (AREA A) • • • Operating Memo#2.Final Version 10 „PY- 1-7. -51 12 : 50 FM INCL•N 9492.162 P. EXHIBIT "A” • _egcl Description . 'n the City of Seol Beach, County of Orange, State of California, being a potion of Lots. 1 , 4, 5 and 5 of Tract Map Number 15767. filed as Instrument Number 19990303000 in Book 783, Pages 17 through 19, inclusive, of Miscellaneous Maps in the Office of the County Recorder of said County and modified by Lot Line Adjustment Number 00-01 , filed June 22, 2000 as Instrument Number 20000329078 in the Office of the County Recorder of said County, described as follows: Beginning at the most northeasterly corner of scid Lot 4 of said Troct 15757; thence N 85-45--25 W o distance of 141 .41 feet to the TRUE POINT OF BEGINNING; thence S 01-13-35 W a distance of 144.12 feet; thence S 01713-35. W a distance of 149.17 . . feet; thence 5 01-13-35 W a distance of 20.00 feet; thence 5 01 -13-35 W c distance of 6.20 feet; thence N 8E-46-25 W a distance of 20.00 feet; thence N 01 - 13---35 E a distance of 6.20 feet; thence N 01 ;713-35 E a distance of 20.00 feet; thence N • 01 -13-35 E a distance of 149.17 feet; thence N 01 -13-35 E a distance of 144.12 feet; thence S 88-46-25 E a distance of 20.00 feet to the TRUE POINT • OF BEGINNING. S8546'266-E \ _- N88"+6'26"a 141.41' ,N N -11., } r i n __J 'kr'r) - m z QUITCLAIM AREA �, 583'4-6'26'E 20.00 1 5 /.. 6 T _= . Y/ < • U l O O I LOT W n I l I ni V r W N So8.45'25.E in ° 20.00 -"' 5846'25�E � / 5813-46.25-E 20`00 So J so 1 ,;35^N taco' � t•� O } :.16-W 6.20' N85'46'26'N 20.00' \ - 1 . b CV ' rr W \J� I n ! O I 6 \ SOF.L:: I'- 30' DEEDED TO CITY OF • g SEAL BEACH PER INST. NO. 20000356782