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HomeMy WebLinkAboutCC Ord 1306 Not Adopted I I I \ ~: "", 't. A I / AD . 0 1~~r\,"~~RDlNANCE NUMBER /$00 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE MOLA DEVELOPMENT CORPORATION FOR THE HELLMAN RANCH PROJECT THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: section 1. The City and Mola Development Corporation desire to enter into a development agreement pursuant to the provisions of Government Code sections 65864 to 65869.5 and Article 27.5 of Chapter 28 of the Code of the City of Seal Beach, California with respect to that certain real property commonly known as the Hellman Ranch and more particularly described in the proposed agreement, attached hereto as Exhibit A. section 2. Pursuant to Government Code Section 65867.5, the City Council hereby finds that the proposed Development Agreement is consistent with the General Plan for the city of Seal Beach and the Hellman Ranch Specific Plan, as each has been amended to date. Section 3. Pursuant to Section 15168 of the CEQA Guidelines, a program EIR (87-1) and a Supplemental EIR have bee!l prepared and certified by the City of Seal Beach, and this development agree.i.ent is wi thin the scope of those documents. section 4 . Since the Supplemental EIR was prepared, the project has been altered in these respects: (a) The total number of dwelling units has decreased from 355 to 329, as a result of Coastal Commission approval of the proposal. (b) Wetland acreage has increased from 37.7 to the present 41.4 acres and a formal Wetlands Restoration Plan has been approved by the Coastal Commission. (c) The right-of-way width of proposed Hellman Ranch Road has been reduced from eighty feet (80') to fifty-six feet (56') to reflect the reduced traffic flow to be generated by the project in light of the reduction of the number of housing units in the project from a much greater proposal for a substantially larger number of units (773 units reduced to 329 units) . (d) The land to be dedicated for Gum Grove Park and for the community park is increased from 24.7 to 26.0 acres, due to the reduced right- of-way width for Hellman Ranch Road. These changes reflect measures imposed by the California Coastal Commission in further mitigation of the environmental effects documented in the ErR and Supplemental EIR. Accordingly, none of the conditions set forth in Public Resources Code ~2ll66 which would require additional environmental review are present and no such review is necessary. Ordinance Number /Jr;fo PASSED, APPROVED AND ADOPTED Seal Beach, California, at a day of section 5. Section 6. ATTEST: The City Council of the city of Seal Beach finds that the adoption of the proposed development agreement, attached hereto as "Exhibit A", will not have a significant impact on the environment that will not be mitigated to a level of insignificance as provided in the EIR and Supplemental EIR prepared for this project. The City Council hereby approves the Development Agreement between the City of Seal Beach and the Mola Development Corporation attached hereto as Exhibit A. by the City Council of the City regular meeting thereof held on , 1990. of the ~ Mayor City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH ) ) SS ) I, Joanne M. Yeo, city Clerk of the City of Seal Beach, California, do hereby certify that the f:~~O~g ordinance is an original copy of Or inance Number ';;}dh on file in the office~the City Clerk, troduced at regular meeting held on the j, _ day of , 1990, and passed, approved and adopted by he ci Council of the City of Seal Beach at a regular meeting th eof held on the day of , 1991, by the following vote: AYES: Councilmembers NOES: ABSENT: Councilmembers Councilmembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Bea?h city Charter and Resolution Number 2836. city Clerk I I I I I I ~ PROOF OF PUBLICATION (2015.5 C.C.P.1 STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- said: I am over the age of eighteen years, and not a party to or ~nter- ested in the above-entitled matter. I am the principal clerk of the pri- nter of the SEAL BEACH JOURNAL a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudg- ed a newspaper of general circula- tion by the Superior Court of the County of Orange, State of Califor- nia, under the date of 2/24/75. Case Number A82583: that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any sup- plement thereof on the following dates, to-wit: A\"fl I t1 all in the year 191Q. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this I'" day of ; 191Q. ., ,-t '\ , , , I , i I) I- I. ,. f\f'I' J /': . ..-- Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Boll: 755 Seal Beach, CA 90740 (213) 430-7555 Ordinance Number ~~~&; , This space is for the County Clerk's Filing Stamp Proof of Publication of P,~~~r.~ .~o.~I.~E.I.~q~J.i.~ .1!~~~i"n.q . . . /'~'..".!i.'".\."''(o- \i"'\'''t.r.." ';0-.- ...."..1 . '.. . . . . . ~... .".'.1. . ... ~ . . .' .__ . . . . . NOTICE OF PUBLIC HEARING Environmental R.vlew: These NOTICE IS HEREBY GIVEN thai the acavities are Within the scope of Ih, CIIV CounCil of the City of Seal" Environmentallmpac:z Repon bt Ihe Beach wlli hold a PublIC Heanng at t Amended Wellman Ranch Soeclll/:: their regular adjourned meellng 01 ~ .elan which was cer1ined by the City rvtonday, Apt~ 30. 1990. al7.oo p.m. Counal by the adOptIOn of ResolullDn In the City Coundl Cnambefi. .~,; ".' No. 3734 on November 16. 1987 and 81h SlrHt, Seal Beach, CA 10 con. the SUDolemenlal Fnvlronm8nlal Sider the fonawing 118111S: ImOACt RAootr for the HlfIlman AlIrr.h Amendment to the H.nman SolI. Soecrne Plan which was cerlified by ~ the Cny Council by the adopbon of Gen....1 Plan Amendmenl1.a.go Resolulion No. 3824 on July 17. Land U.. Element 1989. The prevIous Environmental a.n.r.1 Plan Amendment 1.bo90 Impact Repon and Supplemenlal Op.n SpllceJConllrVlUonlA.cre- Environmental Impact Reporr ade- atlan Elemtnf: quarely describe the acllvities pro- Tentallv. Parcel Map No. 88-349 posed lor !he purposes of CECA and Vesting T.ntlllve Tract Map No. no further envlronmenraJ review IS 13198 required. Copies of the above-refer- PrecI.. Plln 1-90 enced enVIronmental dCIQ./menlS are Dev'lopm.nt Agrelment .. Hen. available lor review al: Ciry Hall. 211 mil" Ranch Elghlh Street and the Mary WIl,on A.qUlst: To amend 1he e_ung HIl!:. library. 707 Electric Avenue, Seat mlln ~n.r.lfle Plan 10 r.flect the Beach. CA. Issues 01 weUand reSlOradon on-sile Applicant: Mola Oevelopmenl Cor. 0141.4 8CI'8I U a resull of modiftca. poration tions imposed by the Call1ornia Ow..,: Hellman Farmly TNst Coastal ComnusSlOn. An amendment At Ihe above time and place a11lnltr. 10 lhe Open Space and Land Use eSled persons may be heard II so Elemenls of the General PllIn 10 deSired. If you challenge Ihe pro- reneer the proposed changes in Ihe posecl achons in coun, you may be ~DeOf)e Plan To request I .ubdiwf.. limned 10 raising only Ihose Issues SlDn or the parcel tw mnveyance pur. you or someone else rBlsed at the poses. To tubdlvlde the propIfty for public hearing deSCribed in thiS the construction of three hundred nOlice, or In Minen correspondence twenty. nine (3291 lingle lemlly deD..red 10 lhe elll' 01 Seal Beach a~ homes, 14.74 acret 01 public park, orpnorlD, N publJcheanng. Ihe prevrousry mentioned 41.4 acre DATEO'lhls 16th day 01 ApnI,1990 welfand area and 10.43 Gum Grove JOInne Yeo, City a.rtc Park. The approvaJ 01 a Pntri'". Plan eIIy of Sui INCh lor oonsll\lClion 01 lhe pIOpClI8d lillI:. ApII19.,990 ~ The __ of I ee..t. Published in lhe SeeI Beach Journal, opmenl Agreemenr lor the HeDman Ranch SDMRr. Phi" in conlormance With the Hellman SDeeific Plan .. amended, Code Sections: 28-'700; 28-2751 - 2nO: 28-2950 . 2958; 21-7: and 2'. 42 - 21.53. Ordinance Number ~~ , PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of ~range I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the pri- nter of the SEAL BEACH JOURNAL a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudg- ed a newspaper of general circula- tion by the Superior Court of the County of Orange, State of Califor- nia, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any sup- plement thereof on the following dates, to-wit: Pr'P12-\I.... 'l b all in the year 19~. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this -z.(.. day of !f ~ture 1990. ~ PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213) 430-7555 This space is, for the County Clerk's Filing Stamp I Proof of Publication of ~q~IiI.~ .~Q~~~FV-~qq]"i;,'i .1!~C\t;i"n.'l . . . AMeNl1Mlal-lT III H~~ 'i"fe:;c.\f-\c.. ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NonCE OF PUBUC Ranch Specific Plan in conlor- HEARING L mance wiIh the HeDman Specil- ic Plan as amended. NOTICE IS HEREBY GIVEN 1 that the City CounCIl of the City ~ Code ~Ions: , of Seal Beech will hold a Public 28-1700, 28-2751, 28-2751- Hearing at their regularly sched- 2770; 28-2950 - 2956; 21-7; uled meeting of Monday, May 7, 21-42 - 21 - 53, 1990, at 7:00 p,m, in the City Council Chambers, 211 Eighth SlJeet, Seal Beach, CA to con- sider the following items: Amendmentto Hellman Spe- cirocPlan, General Plan Amendment 1. a- 90 Land Use Element. General Plan Amendment 1, b- 90 Open Space/Conservation/ Recreation Element Tenlative Parcel Map No, 86- 349, Vesting Tentative Tract Map No. 13198. Precise Plan 1-90, Development Agreement - Heil- man Ranch.. Request: To amend the exist- ing Hellman Specilic Plan to reflect the issues of wetland restoration on-site 01 41,4 acres as a result of modifications Imposed by the California Coaatal Commission. An amendment to 1I1e Open Space and land Use BemenlS 01 the General Plan to rellect the pro- posed changes in 1I1e Specilic Plan. To request a subdivision 01 the parcel lor conveyance purposes. To subdivide the property lor the construction 01 1I1ree hundred lW8nty-nine (329) single lamily homes, 14.74 acres 01 public park, the previ- ously mentioned 41,4 acre wet- land area and 10,43 acre Gum Grove Park, The approval of a Precise Plan for c:onSb'Uction of the proposed Specific Plan, The approval 01 a Development Agreement for the Hellman Environmental ,evlew: These activities are within 1I1e scope of the Environmental Impact Reporllor the Amended Hel/- man Ranch Specific Plan which was certified by the City Counen by the adoption of Resolution No. 3734 on November'. 1987 and Ihe supp,emel Environmental Impact Re for Ihe Hellman Ranch Spe Plan which was oel1llied by ,'.e Cily Council by the adoption 01 Resolution No, 3824 on July 17, 1989, The previous Environ- mental Impact Report and Sup. plemental Enllironmental Impact Report adequalely describe the activities proposed lor the pur- poses 01 CECA and no lurther environmental review is required. Copies 01 the above- referenced environmental doaJ- menls are available lor review at. City Hall, 211 Eighth Street and the Mary Wilson Library, 707 Electric Avenue, Seal Beech, CA. Applicant: Mala Development Corporadon. OWner: HeUman Family Trust At the above lime and place all interested persons may be heard, 1/ you cIlaIIenge 1he pIG- posed ac1ions in court, you may be limited to raising only Ihose issues you or someone I raised at the public hea described In this notice, written correspondence d. . ered to the City 01 Seal Beach at or prior to, the public heer- ing. DATED this 241h day 01 April 1990, Joanne Yea, City Clerk OilV of Seal Beach I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I ., I am a citizen of the United States and a resident of the County afore- said; I am o~er the age of eiqhteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the pri- nter of the SEAL BEACH JOURNAL a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudg- ed a newspaper of general circula- tion by the Superior Court of the County of Orange, State of Califor- nia, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any sup- plement thereof on the following dates, to-wit: May 24, all in the year 1990. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, 24 5 this 1990. I Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213) 430-7555 , .' Ordinance Number I~ . This space is for the County Clerk's Filing Stamp NO. 1306-DEVELOPMENT AGREEMENT- HELLMAN RANCH PROJECT Proof of Publication of ~~~~~~.~Q~~~~~~~~~~~~q~q~~~q~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SUMMARY. ORDINANCE NUMBER 1306 DEVELOPMENT AGREEMENT . HELLMAN RANCH PROJECT Ordinance Number 1306 a1lhe CIlY 01 Seal Beach. approving a Development Agreemenr between !he CIlY 01 Seal Beach and lhe Mole Development Corporation lor the Hellman Ranch Project. we. IntrO- duced althe regular City Council mee1lng 01 May 14, 1990, Fi", read. Ing of Ordinance Number 1308 was approved by !he Io_ng ""18: AYES' Grgas. Hun~ R1..."" WillOI1 NOES' None ABSENT: Laszlo IMUOnc::amed Ordinance Number 1308 Will be con. s'dered lor second reading al rhe regular CII)' CounCil meellng of Tuesday. May 29th, 1990, Copies 01 Ordinance Numb" 1306 are avail- able In the office of the City Clerk, City Half, 211 ~ 8th Street, Seal Beach: 18lephone (213)431.2527, DATED THIS'SIh day 0' May, '990. Joanne Y. VIO, CIty Clerk Cny 01 Soalllooch May 24, 1990 Published In the Seal Beach Journal. Ordinance Number I !J() ~ RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: McKITTRICK, JACKSON, DeMARCO & PECKENPAUGH (DLC) 4041 MacArthur Boulevard Post Office Box 2710 Newport Beach, CA 92658-8995 (Space Above for Recorder's Use) DEVELOPMENT AGREEMENT I (Pursuant to Government Code Sections 65864 - 65869.5) This DEVELOPMENT AGREEMENT ("Agreement") is entered into on , 1990, between MOLA DEVELOPMENT CORPORATION, a California corporation ("Developer"), the CITY OF SEAL BEACH, a municipal corporation organized and existing under the laws of the State of California ("City") and the CALIFORNIA COASTAL COMMISSION ("Commission"). Developer and City are sometimes COllectively referred to herein as the "parties." R E C :i: TAL S: This Agreement is predicated upon the following facts: A. These Recitals refer to and utilize certain capitalized terms which are defined in this Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. B. Government Code Sections 65864 - 65869.5, ("Development I Agreement Law") authorize the City to enter into binding develop- ment agreements with persons having a legal or equitable interest in real property or the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and reducing the economic costs of such development. C. Pursuant to Government Code Section 65865, city has adopted rules and regulations as Article 27.5, commencing with Section 28-2751 of the Code of the city of Seal Beach, California, establishing procedures and requirements for consideration of development agreements. D. Developer holds an option to purchase and is the proposed developer of the property as described on Exhibit "A." E. Developer is developing a large scale phased master planned community Project commonly known as the Hellman Ranch requiring major investment in public facilities and substantial front end investment in on-site and off-site improvements in order to make the Project feasible. F. Developer has applied for, and City has approved, the Development Plan in order to protect the interests of its citizens I and the quality of the community and environment through the specific plan process. As part of that process of approving the Development Plan, city has undertaken, pursuant to the California Environmental Quality Act ("CEQA"), the required analysis of the environmental effects which would be caused by the Project. City has imposed a series of mitigation measures in connection with the development of the Project to eliminate any potentially adverse impacts caused by the Project. On July 17, 1989, the City Council of City adopted Resolution No. 3824, which certified the supplemental Environmental Impact Report prepared for the revised project and made the required environmental findings. I I I Ordinance Number ~~ G. Developer has requested City to consider entering into a development agreement relating to the Project and proceedings have been taken in accordance with City's rules and regulations. H. The city Council has found that this Agreement is con- sistent with the city's General Plan and the Hellman Ranch Specific Plan, as amended. I. On adopted Ordinance No. Developer. J. On , 1990, the California Coastal Commission approved this Agreement by formal Commission action pursuant to Government Code section 65869. , 1990, the City Council of City , approving this Agreement with K. The Development Plan implements the goals and policies of the City's General Plan as described in the Hellman Ranch specific Plan referred to in section 1.5, below, and provides balanced and diversified land uses in order to maintain the overall quality of life and of the environment within City and to impose appropriate standards and requirements with respect to land development and usage. L. City has found and determined that the execution of this Agreement is in the best interest of the public health, safety and general welfare of City and its residents and that adopting, this Agreement constitutes a present exercise of its pOlice power. The parties agree as follows: 1. Definitions. 1.1 "Agreement" is this Development Agreement. 1.2 "Agreement Date" is the date this Agreement is executed by City. 1.3 "City" is the City of Seal Beach, California. 1."4 "Development Plan" is all of those ordinances, resolutions, codes, rules, regulations and official policies of city governing the development and use of the Property as of the Agreement Date, including, without limitation, the permitted uses of the Property, the density or intensity of use, the maximum height and size of proposed buildings, the provisions for reser\!,ation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the Property, and all of those permits and approvals which are referenced on Exhibit "B." which have been issued or granted by city in connection with any of the foregoing. Specifically, but without limitation, such Development Plan includes the amended Hellman Ranch Specific Plan adopted by the City Council on , 1990, by Ordinance No. , pursuant to Government Code Section 65450 and Vesting Tentative Map No. 13198, approved by the City Council on , 1990, allowing the construction of three hundred twenty-nine (329) residential dwelling units. To the extent any of the foregoing are amended from time to time with the consent of Developer, the Development Plan shall include such matters as so amended. Notwithstanding the immediately proceeding sentence, if this Agreement is required by law to be amended in order for the "Development Plan" to include such amendments, "Development Plan" shall not include such amendments unless and until this Agreement is so amended. A copy of the Hellman Ranch Specific Plan, as amended is attached hereto as Exhibit "c," and a copy of the conditions of approval for vesting Tentative Map No. 13198 is attached hereto as Exhibit "D." 1. 5 "Effecti ve Date" is that date which is the later to occur of (a) the time for filing a referendum petition relating to this Agreement expires if no such petition is filed within such period; (b) the results of a referendum election are declared Ordinance Number I'~ approving this Agreement if a referendum petition is filed within the applicable period; or (c) the date upon which the California Coastal commission approves this Agreement by formal Commission action. 1.6 "Developer" is Mola Development Corporation and its successors in interest to all or any part of the Property. 1.7 "Project" is the master planned Hellman Ranch community and associated amenities, including, without limitation, on-site and off-site improvements, contemplated by the Development I Plan, as the sam!!! may be further defined, enhanced or modified pursuant to the provisions of this Agreement. 1. 8 "Property" is the real property on which the Project is, ,or will be, located as described on Exhibit "A". 2. Exhibi ts. The this Agreement, attached reference: following documents are referred to in hereto and incorporated herein by this Exhibit Desianation Description A Legal Description of the Property Permits and Approvals Constituting Development Plan Hellman Ranch Specific Plan, as amended B C D Conditions of Approval for Vesting Tentative Map No. 13198 Map of community Park Dedication E 3. Mutual Benefits. This Agreement is entered into for the purpose of carrying out the Development Plan for the Project in a manner that will insure certain anticipated benefits to both city, including, without limitation, residents of City, and Developer as set forth in this Section. city.and Developer agree that, due to the size and duration of the Project, certain assurances on the part of each party as to the Project will be necessary to achieve those desired benefits. 3. 1 Benef its to Ci tv. The benef its to city (including, without limitation, the residents of City) under .th~s Agreement include, but are not limited to: (a) dedication of Gum Grove Park; (b) contribution of One Hundred Fifty Thousand Dollars ($150,000.00) to city for restoration and improvement of Gum Grove Park, (c) the dedication of a community park as shown on Exhibit ~," ("Community Park") which amount of acreage in addition to the Gum Grove Park dedication is in excess of the City'S Quimby Act Requirements; (d) the establishment of an annuity or other mechanism to defray the cost of maintaining the Community Park for a period of ten (10) years; (e) the 'payment of One Million Dollars ($1,000,000.00) in cash to the city; (f) preparation and approval of a wetlands restoration program for preservation of and enhancement of portions of approximately 41.4 acres of wetlands, and the dedication of such wetlands to an appropriate governmental or quasi-governmental agency or nonprofit corporation; (g) the provision of additional residential housing and a master planned community; (h) improvements to roadways; (i) the payment of in lieu fees for the construction of schools and other public facilities and services; and (j) an increase in property tax revenues to be derived by City and by the City Redevelopment Agency. 3.2 Benefits to Developer. Developer has expended and will continue to expend substantial amounts of time and money on the planning and infrastructure construction of the Project. In addition, Developer will expend substantial amounts of time and I I I I I Ordina.,nce Number /..1b~ . money in constructing public improvements and facilities and in providing for public services in connection with the Project. Developer would not make such additional expenditures without this Agreement and such additional expenditures will be made in reliance upon this Agreement. The benefit to Developer under "this Agreem'ent consists of the assurance that Developer will preserve th~ right to develop the Property as planned and as set forth in the Development Plan. 4. Interest of Develouer. Developer represents that Developer has a legal interest in the Property. 5. Bindina Effect of Aareement. The burdens of this Agreement bind and the benefits of this Agreement inure to the successors in interest to the parties thereto. 6. Relationshiu of Parties. The contractual relationship between city and Developer is that Developer is an independent contractor and not the agent of city. 7. IfUE. The term of this Agreement shall commence upon the Effective Date and shall continue until all building permits required to complete the development of the Project as contemplated by the Development Plan have been issued, provided that in no event shall such term exceed ten (10) years following the Effective Date of this Agreement. 8. Chanaes in Proiect. Developer shall not be entitled to any change, modification, revision or alteration in the Development Plan relating to the permitted uses of the Property, the density or intensity of use, the maximum height and size of proposed buildings or the provision for reservation or dedication of land for public purposes without review and approval by those agencies of City approving the Development Plan in the first instance. subject to the foregoing provisions of this Section 8, City acknowledges that Developer may seek amendments to entitlements to use and new entitlements to use in connection with the development of the Project. The approval of any such amendments or new entitlements to use shall he in the sole discretion of the city. 9. Hold Harmless. 9.1 Bv Develouer. Developer agrees to and shall hold city, its officers, agents, employees, partners and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the activities of Developer or those of Developer's contractors, subcontractors, agents, employees or other persons acting on Developer's behalf which relate to the Project. Developer agrees to and shall defend City and its officers, agents, employees, partners and representatives from actions for damages caused or alleged to have been caused by reason of Developer's activities in connection with the project. 9.2 Bv citv. city agrees to and shall hold Developer, its officers, agents, employees, partners and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the activities of City or those of City'S contractors, subcontractors, agents, employees or other persons acting on City'S behalf which relate to the Project. city agrees to and shall defend Developer and its officers, agents, employees, partners and representatives from actions for damages caused or alleged to have been caused by reason of city's activities in connection with the Project. The foregoing shall not enlarge the City's liability beyond what it would be in the absence of this Agreement or otherwise abridge or eliminate any immunities to which the city is entit:ed ~o by law. 10. Vested ~illl-t. ?y entering into this Agreement and relying thereon, Developer is obtaining a vested right to proceed with the Project in accordance with the Development Plan and City is securing certain public benefits which help to alleviate current Ordinance Number ~ or potential problems in city and enhance the public health, safety' and welfare. City therefore agrees to the following: 10.1 No Conflictina Enactments. Nei ther the city Council of City nor any other agency of city shall enact an ordinance, policy, rule, regulation or other measure applicable to the Project which relates to the rate, timing or sequencing of the development or construction of all or any part of the Project or which is otherwise in conflict with this Agreement. This section shall not restrict the City's ability in the event of a public emergency to take such reasonable measures under its police powers I to protect the public health, safety and welfare as it deems necessary to deal with such emergency even if such measures are incompatible with other terms of this Development Agreement. 10.2 Intent of Parties. In addition to and not in limitation of the foregoing, it is the intent of Developer and City that no moratorium or other limitation (whether relating to the rate, timing or sequencing of the development or construction of all or any 'part of the Project and whether or not enacted by initiative or otherwise) affecting subdivision maps, building permits, occupancy certificates or other entitlements to use approved, issued or granted within City, or portions of City, shall apply to the Project to the extent such moratorium or other limitation is in conflict with this Agreement. Notwithstanding the foregoing, should an ordinance, general plan or zoning amendment, measure, moratorium, policy, rule, regulation or other limitation enacted by citizens of city through the initiative process be determined by a court of competent jurisdiction to invalidate or prevail over all or any part of this Agreement, Developer shall have no recourse against City pursuant to this Agreement, but shall retain all other rights, claims and causes of action at law or in equity which Developer may have independent of this Agreement. The foregoing shall not be deemed to limit the Developer's right to appeal any such determination of such ordinance, general plan or zoning amendment, measure, policy, rule, I regulation, moratorium or other limitation which purports to invalidate or prevail over all or any part of this Agreement. city agrees to cooperate with owner in all reasonable manners in order to keep this Agreement in full force and effect. 11. public Works. If Developer is required by this Agreement to construct any public works facilities which will be dedicated to City or any other public agency upon completion, and if required by applicable laws to do so, Developer shall perform such work in the same manner and subject to the same requirements as would be applicable to City or such other public agency should it have undertaken such construction. 12. General Develooment of the Pro;ect. 12.1 Pro;ect. While this Agreement is in effect, Developer shall have a vested right to develop the Project in accordance with the terms and conditions of this Agreement, and city shall have the right to control the development of the Project in accordance with the terms and conditions of this Agreement. Except as otherwise specified in this Agreement, the Development Plan shall control the overall design, development and construction of the project and all on-site and off-site improvements and appurtenances in connection therewith, including, without limitation, all mitigation measures required in order to minimize I or eliminate any potentially significant environmental effects. The permit~ed uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, the provisions for reservation and dedication of land for public purposes and other terms and conditions of development applicable to the property shall be those set forth in the Development Plan. 12.2 Phasina and Timina of Develooment. The parties acknowledge 'that although Developer currently anticipates that the Project will be phased and constructed in increments over an approximate five (5) year time frame, at the present time Developer cannot ,predict when or the order in which Project phases will be I I I Ordinance Number I'~~ developed. Such decisions depend upon numerous factors which are not within the control of Developer, such as market orientation and demand, interest rates, competition and other similar factors. To the extent permitted by the Development Plan and this Agreement, Developer shall have the right to develop the Project in phases in such order and at such times as Developer deems appropriate within the exercise of its subjective business judgment, so long as the Project is constructed as an integrated master planned development as contemplated by the Development Plan. city agrees that Developer shall be entitied to apply for and receive tentative maps, vesting tentative maps, building permits, occupancy certificates and other entitlements to use at any time, in a reasonably expeditious manner, provided that such application is made in accordance with the Development Plan. 12.3 Effect of Aareement on Land Use Regulations. The rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings and the design, improvement and construction standards and specifications applicable to development of the Property are those rules, regulations and official policies in force as of the Agreement Date. In connection with any approval which city is permitted or has the right to make under this Agreement relating to the Project, or otherwise under its rules, regulations and official policies, City shall exercise its discretion or take action in a reasonably expeditious manner which complies and is consistent with the Development Plan and the standards, terms and conditions contained in this Agreement, and in a manner which will not interfere with the development of the Project for the uses and to the height, density and intensity specified in this Agreement or with the rate of development selected by Developer. City shall accept for processing and timely review and act on all applications for further land use entitlement approvals with respect to the Project called for or required under this Agreement. Such application shall be processed in the normal manner for processing such matters. 12.4 Chanaes and Amendments. The parties acknowledge that refinements and further development of the project may dem- onstrate that changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement. If and when the parties' find that changes or adjustments are necessary or appropriate,. they shall, unless otherwise required by law, effectuate such changes or adjustments through administrative modifications approved by the City Director of Development Services. Upon approval by the Director, such modifications shall be attached hereto as an addenda and become incorporated herein, but shall not be deemed to be an amendment to this Agreement under Government Code Section 65868 requiring public hearings before the Planning Commission and City Council. Notwithstanding the foregoing, the following matters shall not be considered administrative modifications, but shall be considered substantive amendments which shall be reviewed by the Planning Commission and approved by the City Council: (a) Alteration of. the permitted uses of the property; (b) Increase in the density or intensity of use or the number of lots; (c) Increase in the maximum height and size of permitted buildings; (d) Deletion of a requirement for the reservation or dedication of land for public purposes (except for minor boundary adjustments approved by the Director of Development Services); Ordinance Number I'~~G, , (e) Any amendment or change requiring a subsequent or supplemental environmental impact report pursuant to Public Resources Code Section 21166. 12.5 Mello-Roos Communitv Facilities District. Pursuant to Chapter 2.5 (commencing with Section 53312) Part I, Division 2, Title 5 of the Government Code of the State of California, commonly known as the "Mello-Roos Community Facilities Act of 1982," Developer may, at its sole election, petition the City Council of city to establish a community facilities district inCluding the Property for the purpose of acquiring, constructing and financing I through the sale of bonds the acquisition and construction of certain public facilities which are necessary to meet increased demands placed on the City as a result of the development of Developer's Property. If so requested by Developer" ,city shall cooperate with Developer and take all steps necessary to cause the community faoilities district to issue bonds for such purposes in accordance with all applicable laws provided that City shall have the sole discretion to determine whether such bonds shall be issued and if so upon what terms. 12.6 Park Land Dedications and Monetarv contribution. Developer shall offer for dedication to City both Gum Grove Park and also the Community Park shown on Exhibit "E". Park improve- ments for the community Park shall be completed in two (2) phases: Phase I will be completed concurrently with or prior to the completion of the eighty-third (83rd) dwelling constructed within the project; Phase II will be completed concurrently with or prior to the completion of the one hundred sixty-fifth (165th) residential dwelling unit in the Project. The specific improvements to be completed by Developer for the Community Park shall be described in detail in a separate written agreement between City and Developer which shall be entered into prior to the approval of the final map for Vesting Tentative Map No. 13198. In addition, a budget for the maintenance of such improvements shall be provided in such agreement. If City determines to install I improvements for the Community Park other than those delineated on such separate agreement, then Developer shall not be required to expend amounts for the Community Park improvements in excess of those amounts shown on such separate agreement. Additionally, Developer shall contribute to City the sum of One Hundred Fifty Thousand Dollars ($150,000) for the restoration and improvement of Gum Grove Park which shall be in the form of either cash or labor and materials as determined by city. Developer shall also establish an annuity or other mechanism in a form approved by the City Attorney for the maintenance costs of the Community Park for a period of ten (10) years from the completion of each phase of park development in accordance with the budget set forth in the separate agreement for the improvement of the Community Park. 12.7 Satisfaction of Park Fee Reauirements. In consideration of the dedication and improvement of Gum Grove Park and the Community Park by Developer, the contribution of $150,000 to City by Developer for the restoration and improvement of Gum Grove Park, and the establishment of the annuity for maintaining the community Park, Developer shall be deemed to have satisfied all park fee requirements of City and no further park fees shall be applicable to the development of the Project. 12.8 Payment of One Million Dollars ($1.000.000.00). As further consideration and benefit to City, Kola shall, upon the issuance of'a certificate of use and occupancy for the two hundred forty-seventh (247th) residential unit in the Project, pay to the City the sum of One Million Dollars ($1,000,000.00). I 12.9 Wetlands Mitiaation/Restoration Proaram. In conjunction with processing of a Coastal Development Permit with the California Coastal Commission for the Development Plan and this Agreement, as well as other permits required by other appropriate governmental agencies including, but not limited to the U.S. Army Corps of Engineers, Developer shall cause to be prepared and processed a mitigation/restoration program for the preservation of and enhancement of portions of approximately 41.4 acres of wetlands I I I Ordinance Number ~h located on "the Property. Such wetlands shall be offered for dedication to an appropriate governmental or quasi-governmental agency or nonprofit corporation, provided, however, that any such offer of dedication shall provide that if such governmental or quasi-governmental agency or nonprofit corporation does not accept such offer of dedication within twenty (20) years following the date of such offer of dedication, then such offer of dedication shall revert to the city for acceptance within a period of ten (10) years. 12.10 Parkland Purchase. Neither the final map for Tentative Parcel Map No. 86-349 nor the final map for Vesting Tentative Map No. 13198 shall be approved by city until Hellman Properties and City enter into a written agreement under which Hellman Properties will sell to City or the Redevelopment Agency to City five acres of contiguous land for park and recreation purposes located on a site north of Hellman Ranch Road with reasonable access to such road in substantial conformance with the terms set forth in the letter proposal regarding the purchase of five acres from city to Hellman Properties, dated September 7, 1989. 12.11 Develocment Fees. Except as provided in Section 13 of this Agreement, city shall not, without the prior written consent of Developer, impose or increase any fees applicable to the development of the property or any portion thereof, or impose any such fees as a condition to the implementation of the Project or any portion thereof, except those fees in effect on the date the application for Vesting Tentative Tract No. 13198 was deemed complete in accordance with Government Code Sections 66498.1 and 66474.2. 12.12 Indemnification for Geoloaic Hazards. Developer hereby agrees that prior to issuance of any building permits, the developer shall execute and record a deed restriction in a form and content acceptable to the City Attorney, which shall provide: (a) that the developer understands that the site may be subject to extraordinary hazard from liquafaction during seismic events, and (b) that the developer hereby waives any future claims of liability against the City or its successors in interest for damage from such hazards. The document shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens and any other encumberances which the City determines may affect the interest being conveyed. 12.13 Subseauent Actions . City shall timely process such matters, any necessary entitlements to use (inClUding vesting tentative tract maps, tentative tract maps and conditional use permits), or other discretionary approvals or entitlements to use contemplated by the Development Plan or the Hellman Ranch Specific Plan, and any grading, construction or other permits filed by Developer in accordance with the substantive development standards set forth in the Development Plan and the Hellman Ranch Specific Plan. 13. Rules. Reau1ations and Official Policies. 13.1 New Rules. This Agreement shall not prevent City from applying the following new rules, regulations and policies: (a) Processing fees and charges imposed by city to cover the estimated actual costs to City of processing applications for development approvals, for monitoring compliance with any development approvals, or for monitoring compliance with environmental impact mitigation measures. (b) Procedural regulations bodies, petitions, applications, notices, hearings, reports, recommendations, appeals of procedure. relating to. hearing findings, records, and any other matter and (c) specifications Regulations governing construction standards including, without limitation, the City's Ordinance NUmber J~o~ . Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Fire Code provided that such construction standards and specifications are applied on a city-wide basis. (d) Regulations which are not in conflict with the Development Plan or this Agreement. (e) Regulations which are in conflict with the Development Plan or this Agreement if such regulations have been consented to in writing by Developer. 13.2 Subseauent Actions and Approvals. In accordance I with Government Code Section 65866, this Agreement shall not prevent City in subsequent actions applicable to the Property from applying new rules, regulations and policies which do not conflict with those existing rules, regulations and pOlicies set forth in the Development Plan, nor shall this Agreement prevent city from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations and policies. 13.3 State and Federal Laws. In the event that state or federal laws or regulations, enacted after this Agreement is executed, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be mo~ified or suspended as may be necessary to comply with such state or federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 14. Amendment or Cancellation of Aareement. This Agreement may be amended or cancelled in whole or in part only by mutual consent of the parties in the manner provided for in Government Code Section 65868. 15. Enforcement. Unless amended or cancelled as provided in this Section 15, or modified or suspended pursuant to Government Code Section 65869.5, this Agreement is enforceable by either party hereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision or building regulation or other applicable law or regulation adopted by city (or by the voters of City unless found by a court of competent and final jurisdiction to prevail over this Agreement) which alters or amends the Development Plan or the timing of any development. 16. Periodic Review of Compliance with Aareement. 16.1 periodic Review. city and Developer shall review this Agreement at least once every twelve (12) months from the date this Agreement is executed in accordance with Section 28-2766 of the Code of the City of Seal Beach, California. City shall notify Developer in writing of the date for review at least thirty (30) days prior thereto. 16.2 Good Faith Compliance. During each periodic review, Developer shall be required to demonstrate good faith compliance with the terms of this Agreement. 17. Events of Default. 17.1 Default bv Developer. If City determines on the basis of substantial evidence that Developer has not complied in good faith with the terms and conditions of this Agreement, City shall, by written notice to Developer, specify the manner in which Developer has failed to so comply and state the steps Developer must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from city specifying the manner in which Developer has failed to so comply, Developer does not commence all steps reasonably necessary to bring itself into I I I I I Ordinance Number /306 . compliance as required and thereafter diligently pursue such steps to completion, then Developer shall be deemed to be in default under the terms of tbis Agreement and city may terminate this Agreement or seek specific performance as set forth in section 17.3. ' 17.2 Default bv Citv. If Developer determines on the basis of substantial evidence that city has not complied in good faith with the terms and conditions of this Agreement, Developer shall, by written notice to city, specify the manne~ in which city has failed to so comply and state the steps City must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from Developer specifying the manner in which city has failed to so comply, City does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then city shall be deemed to be in default under the terms of this Agreement and Developer may terminate this Agreement or seek specific performance as set forth in Section 17.3. 17.3 Stlecific Performance Remedv. Due to the size, nature and scope of the Project, and due to the fact that it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun, the parties acknowledge that money damages and remedies at law generally are inadequate and that specific performance is appropriate for the enforcement of this Agreement. Therefore, the remedy of specific performance shall be available to all parties hereto. This subsection shall not limit any other rights, remedies, or causes of action that any party may have at law or equity. 18. Institution of Leaal Action. In addition to any other rights or remedies, either party 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, to recover damages for any default, or to obtain any other remedies consistent with the purpose of this Agreement. Any such legal action shall be brought in the Superior Court for Orange County, California. 19. Waivers and Delavs. 19.1 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, and failure by a party to exercise its rights upon a default by the other party hereto, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. 19.2 Third Parties. Nonperformance shall not be excused because of a failure of a third person except as provided in Section 19.3 below. 19.3 Force Maieure. Neither party shall be deemed to be in defauit where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes, other labor difficulties, government regulations, court actions, or other causes beyond the party's control. 20. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person and deposited in the United states mail, postage prepaid and addressed as follows: TO CITY: City of Seal Beach 211 Eighth Street Seal Beach, California 90740 Attn: City Manager Ordinance Number I'~~ TO DEVELOPER: Mola Development Corporation 4699 Jamboree Road Newport Beach, California 92660 Attn: Mr. Timothy N. Roberts Either party may change the address stated herein by giving notice, in writing, to the other party and thereafter notices shall be addressed and submitted to the new address. 21. Attornevs' Fees. If legal action is brought by either party against the other for breach of this Agreement, or to compel I performance under this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs. 22. Transfers and Assianments. 22.1 Riaht to Assian. Developer shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall be permitted to cause a violation of the Subdivision Map Act, Government Code Section 66410, gt sea.) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement~ provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and shall be made in strict compliance with the following conditions precedent: (a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. , (b) Concurrently with any such sale, transfer or assignment, . or within fifteen (15) business days thereafter, developer shall notify City, in writing, of such sale, transfer or I assignment and shall provide City with an executed agreement, in a form reasonably acceptable to City, by the purchaser, transferee or assignee providing that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of Developer under this Agreement. (c) Concurrently with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, Developer shall provide City with written evidence and documentation, of a form and substance satisfactory to City, demonstrating the experience, capability, competence, and financial ability of the proposed buyer, transferee, or assignee to carry out and complete development of the Project in accordance with the terms of this Agreement. Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by Developer under this Agreement. 22.2 Release of Transferrina Owner. Notwi thstanding any sale, transfer or assignment, a transferring Developer shall continue to be obligated under this Agreement unless such transferring Developer is given a release in writing by City, which release shall be provided by city upon the full satisfaction by such transferring Developer of the following conditions: (a) Developer no longer has a legal or equitable interest in all or any part of the Property. . (b) Developer is not then in default under this I Agreement. (c) Developer has provided City with the notice and executed agreement required under paragraph (b) of Subsection 22.1 above, and with evidence and documentation satisfactory to City as required under paragraph (c) of Subsection 22.1 above. I, I I ord'~nance Number /~ 23. Cooceration in the Event of Leaal Challenae. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action. Developer agrees to reimburse City for its costs and legal expenses incurred after the date of this Agreement in any such action. In addition, if in any such action there is an order, ruling, or judgment which includes a requirement that the city payor reimburse any party for leqal fees or costs incurred in connection with that action, Developer hereby agrees that it wi],l pay the portion of such fees and costs that is incurred after the date this Agreement is approved by the city. In the event of any litigation challenging the effectiveness of the Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending. 24. Proiect as a Private Undertakina. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contractinq entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property by the owner of such property. 25. Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain. 26. Authoritv to Execute. The person or persons executing this Agreement on behalf of Developer warrants and represents that they have the authority to execute this Agreement on behalf of their corporation, partnership or business entity and warrants and represents that they have the authority to bind Developer to the performance of its obligations hereunder. 27. Recordation. This Aqreement and any amendment or cancellation hereto shall be recorded in the Office of Official Records of the County of Orange, by the City Clerk within the period required by Section 65868.5 of the Government Code. 28. Protection of Mortaaae Holders. Nothing contained herein shall limit or interfere with the lien of mortgage holders having a mortgage made in good faith and for value on any portion of the Property. "Mortgage holder" includes the beneficiary under a deed of trust, and "mortgage" includes the deed of trust. 29. Severabilitv of Terms. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaininq provisions are not rendered impractical to enforce. 30. Subseauent Amendment to Authorizina statute. This Agreement has been entered into in reliance upon the provisions of the statute governing development agreements (Government Code Section 658~4 - 65869.5 inclusive) in effect as of the Agreement Date. Accordingly, subject to Section 13.3 above, to the extent the subsequent amendment to the Government Code would affect the provisions of this Agreement, such amendment shall not be applicable to the Aqreement unless necessary for this Agreement to be enforceable or unless this Agreement is modified pursuant to the provisions set forth in the Agreement and Government Code Section 65868. 31. Intercretation and Governina Law. This Agreement and any dispute arising hereunder shall be qoverned and interpreted in accordance with the laws of the State of California. Ordinance Number ~d~ 32. Section Headinas. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 33. Incorooration of Recitals and Exhibits. Recitals A through L and attached Exhibits "A" through ~ are hereby incorporated herein by this reference as though fully set forth in full. 34. Rules of Construction and Miscellaneous Terms. 34.1 masculine gender is permissive. Gender. The singular includes the plural; the includes the feminine; "shall" is mandatory, "may" 34.2 Time of Essence. Time is of the essence regarding each provision of this Agreement in which time is an element. 34.3 Coooeration. Each party covenants to take such reasonable actions and execute all documents that may be necessary to achieve the purposes and objectives of this Agreement. 35. Effect' on Title. Developer and City agree that this Agreement shall not create an encumbrance on any portion of the Property which is sold to a purchaser of a home or an ultimate user of any portion of the Property to be used for other than residential purposes. The parties have executed this Development Agreement on the date and year first written above. I I I Ordfnance Number /.3t; (, , Dated: , 1990 MOLA DEVELOPMENT CORPORATION, a California corporation I By: Its: By: Its: "Developer" Dated: , 1990 CITY OF SEAL BEACH, a municipal corporation of the State of California By: Mayor "city" ATTEST: I By: City Clerk APPROVED AS TO FORM: By: City Attorney Dated: , 1990 CALIFORNIA COASTAL COMMISSION By: Executive Director "Commission" I Ordinance Number ~~ STATE OF CALIFORNIA COUNTY OF ) ) ss. ) On , 19 , before me, the undersigned, a Notary public in and for said state, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as or on behalf of MOLA DEVELOPMENT CORPORATION, the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. I Notary Public in and for said state COUNTY OF ) ) ss. ) STATE OF CALIFORNIA On , 19 , before me, the undersigned, a Notary Public in and for said state, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as or on behalf of CITY OF SEAL BEACH, the municipal corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary Public in and for said state I COUNTY OF ) ) ss. ) STATE OF CALIFORNIA On , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as or on behalf of CALIFORNIA COASTAL COMMISSION, the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary Public in and for said State I ." Ordinance Number EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY I EXHIBIT "B" PERMITS AND APPROVALS CONSTITUTING DEVELOPMENT PLAN I EXHIBIT "C" HELLMAN RANCH SPECIFIC PLAN. AS AMENDED I J~~ Ordinance Number ~~~~ EXHIBIT "0" CONDITIONS OF APPROVAL FOR VESTING TENTATIVE MAP NO. 13198 I EXHIBIT "E" MAP OF COMMUNITY PARK DEDICATION I I