HomeMy WebLinkAboutCC AG PKT 2001-07-09 Supplemental Information - Operating Memorandum, Development of Propertys
OPERATING MEMORANDUM NUMBER TWO
DATED JULY 12, 2001
1. 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 "OM 1 ").
5. The parties agree that the following additional refinements and clarifications
are appropriate.
11. 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 OM I.
I. 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
($1,000,000.00). Owner hereby agrees to advance One Hundred Thousand Dollars
($100,000.00) 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 "OMT). Owner shall pay to City the
balance of that amount (Nine Hundred Thousand Dollars ($900,000.00)) 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:\MyD cummuNBizby Towne Center EiKkOpmting Memo g2.FimI Version d"cd.W\O] - ❑ -01
Opemdiig Memoranda Numbed R
Bixby Old Ranch T~w Centerprojwt
City of5eal Beach and Bixby Ranch Compaqv
July 11, 2001
2. DA Section 3.1.1.1 provides that Area D maybe subdivided into 90 parcels, of
which 75 parcels are permitted to be residential lots. DA Section 3.2.5.2 and OMl Section IIA
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. -
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 OMI Section HA 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 Westem
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 3.2.5.7(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 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 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 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
Op=ting Memo ".2.Fi,al VMion
T`
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. OMl 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 OMl Section II.6.a.
7. OMl 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 OM 1 Section II.6.c.
8. OMl Section II.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 OMl 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 OMI. 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
Op=ting Mcmo a ?.Final Version
Operating Memoranda Number 2
Bixby Old Ranch Towne Cemer Preiect
City of Seal Beach and Bixby Ranch Company
Jul, 11,2001
of Seal Beach Boulevard between Northbound I -405 Off -Ramp and Lampson Avenue,
including installation of curb, gutter, and bus tam -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 Boulevand/Lampson Avenue intersection to: (i) eliminate the existing "free" right
turn lane from westbound Larapson 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 -w ay. 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
Opaeting Memo.42.Final Version
Operwing Memoranda Number 2
Bixby Old Ranch Towne Center Project
City of Seal Beach and Bixby Ranch Company
JWY 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 02.FV1 Version
Operating Memoranda Number 2
Birby Old Ranch Towne CenterPrvfect
City of Seal Beach and Bizby Ranch Company
July 12, 2001
IN WITNESS WHEREOF, the parties have each executed this Agreement on the date first
above written.
CITY OF SEAL
1.
ATTEST APPROVED pASS�TO FORM
' I
By: By: !/i 1 &r'
Jerk City Attorney
BIXBY RANCH COMPANY,
a California limited partnership
By: Bixby Management Corporation,
a Delaware Corporation, its General Partner
By: �R�
Its: 64— as d'yy'p
By: c:� 2"C
Its: Ix? w e r--6
Opereung Memo i12lml Version 6
EXHIBIT A
WATER WELL SITE
Operating Memo k2.Fnal Version
Operating Memomr da Number
Bixby Old Ranch Towne Center Project
Ciry of Seal Beach and Bixby Ranch Company
July 12, 2001
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Pump Station Dedication
Legal Description
May 20, 2001
In the City of Seal Beach, County of Orange, State of
California, being an undivided portion of Section 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 Northwest Corner of the Southwest Quarter of
said Section 32, thence easterly along the north line of said
Southwest Quarter of said Section 32 to the northerly right -of-
way line of Lampson Avenue, 80 feet wide, said point being the
TRUE POINT OF BEGINNING; thence westerly along said north line
of said Southwest Quarter of said Section 32 a distance of
589.00 feet; thence southerly, at right angles to said north
line of said Southwest Quarter of said Section 32 to said
northerly right -of -way line 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.
Operating Memoranda Number 2
Bixby Old Ranch Towne Center Project
Ciry 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 42.Fnal Version
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ABANDONMENT EXHIBIT
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Operating Memoranda Number
Bixby Old Ranch Towne Center Project
City of Seat Beach and Bixby Ranch Company
July 12, 2001
EXHIBIT C
ABANDONMENT AREA AT SEAL BEACH BOULEVARD
MAINTENANCE BUILDING
(AREA C)
Operating Memo n.Pinal Version
F.eb -23 -01 05:45P Incledon Kirk Engineers 7142411221 P.03
Legal Description
February 23, 2001
02&F7
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 boundary 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'l3'35" 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
FWIVFI I 1
ABANDONMENT AREA AT SEAL BEACH BOULEVARD
PURSUANT TO SITE PLAN REVIEW 98 -1
(AREA A)
Opmating Meno K.Finxl Version 10
mpy�le -01 12 :06 Pn INCLEDON 9496649162
EXHIBIT "A"
Legal Description
P. 03
!n the City of Seal Beach, County of Orange, State of California, being a .portion of Lots
1, 4, 5 and 6 of Tract Map Number 15767 filed a$ 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
o4 scld County, described as follows:
Beginning at the most northeasterly corner of said Lot 4 of said Tract 15767; thence N
88 -46 -26 W a distance of 141.41 feet to the TRUE POINT OF BEGINNING; thence S
01 -13 -35 W a distance of 144.12 feet; thence 5 01 -13 -35 W a distance of 149.17
feet; thence S 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 a
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 o distance of 144.12
feel; thence 5 88 -46 -26 E o distance of 20.00 feet to the TRUE POINT OF BEGINNING.
588'46'26 'E
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DEEDED TO CITY OF SCALE 1'- '°
g SEAL BEACH PER INST.
N0. 200003567 82