HomeMy WebLinkAboutAGMT - Hellman Properties, LLC (Hellman Ranch, 1st Amended & Restated Development) • W i , ad fG4(i4 -40 LLB- fix IC&4C +
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FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF SEAL BEACH AND
HELLMAN PROPERTIES, LLC RELATIVE TO
THE DEVELOPMENT KNOWN AS THE HELLMAN RANCH
(Pursuant to Government Code
Sections 65864 - 65869.5)
THIS FIRST AMENDED AND RESTATED DEVELOPMENT
AGREEMENT is entered into this day of , 2001, by and
between HELLMAN PROPERTIES, LLC, a California limited liability company
( "Developer ") and the CITY OF SEAL BEACH, a municipal corporation ( "City "),
pursuant to the authority of Sections 65864 through 65869.5 of the Government Code
and Article 27.5 (Section 28 -2751 et seq.) of the Code of the City of Seal Beach.
RECITALS:
A. To strengthen the public planning process, encourage private participation
in comprehensive planning, reduce the economic risk of development and obtain
private commitments necessary to develop well - planned, mixed use communities and
procure commitments of land and financing for open space and recreational land, the
Legislature of the State of California enacted Section 65864 et seq. of the Government
Code ( "Development Agreement Legislation "). The Development Agreement
Legislation authorizes City, and an applicant for a development project, to enter into a
development agreement establishing certain development rights in property that is the
subject of a development project application. City has adopted Article 27.5 (Section 28-
2751, et seq.) of the Code of the City of Seal Beach to implement the Development
Agreement Legislation, in order to use development agreements to carry out City's
planning policies.
B. Developer and City entered into a certain Development Agreement By
And Between The City of Seal Beach and Hellman Properties, LLC Relative to the
Development known as The Hellman Ranch (the "Development Agreement ") on
October 27, 1997, which was recorded on December 15, 1997 in the Office of the
Recorder of the County of Orange as Document No. 19970641058. The Development
Agreement pertained to a project proposed by Developer for uses on its real property,
more particularly described in Exhibit A, attached hereto and incorporated herein by
reference thereto (the "Subject Property "), pursuant to (i) the General Plan of City
( "General Plan "), (ii) the Specific Plan for Hellman Ranch, approved as amended by
Ordinance 1420 of City Council, adopted on October 27, 1997, (the "Specific Plan "), (iii)
the Zoning Ordinance of City, as amended by Ordinance 1420, adopted on October 27,
C: \My Documents \HELLMAN\Amended and Restated Development Agreement.doc \LW\03 -07 -01
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First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LL C,
Relative to the Development known as the Hellman Ranch
March, 2001
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1997, (iv) the Subdivision Map Approval Conditions imposed in connection with
approval of the Vesting Tentative Subdivision Maps described as Tract No. 15402,
approved by Resolution 4571, and Tract No. 15381, approved by Resolution 4570 of
the City Council of the City on October 20, 1997, and (v) certain other improvement
conditions described in the "Vested Components" (Exhibit 5) of the Development
Agreement. The development proposed to be constructed in accordance with the
foregoing is referred to herein as the "Original Project ".
C. The Development Agreement was entered into to provide public benefits,
including, but without limitation, dedication, protection and enhancement of critical
wetlands and open space resources, increased tax revenues and creation of a well -
planned residential community, all within a regulatory framework that will require
installation of the on and off -site road, sewer, water, drainage, landscaping, irrigation
and other improvements needed to serve the Original Project as well as providing other
benefits. The Original Project contemplated by the Development Agreement
represented a significant reduction in density from prior development proposals on the
Subject Property and provided for a major increase in public benefits.
D. Development of the Original Project could not proceed without a Coastal
Development Permit ( "CDP ") issued by the California Coastal Commission (the "CCC ").
Various opponents of the Original Project filed two lawsuits challenging the CDP for the
Original Project which were consolidated under the title League for Coastal Protection
et al. v. California Coastal Commission; City of Seal Beach, et al., real parties in
interest, Orange County Civil Case No. 801830 (the "CDP Litigation "). The Superior
Court in the CDP Litigation issued a Writ of Mandate directing the CCC to consider and
act on a revised project, based upon criteria stated in a Settlement Agreement, filed on
December 29, 1999. Both City and Developer were parties to the Settlement
Agreement. The Settlement Agreement was incorporated in the Court's order for
issuance of the Writ.
E. CCC responded to the Writ by approving on October 11, 2000, issuance
of an amended CDP with conditions (the "CDP Conditions ") (under its No. 5-97-367 -
A1). The CDP Conditions permit development of and provide conditions for
development of a project revised in accordance with the criteria established in the
Settlement Agreement (the "Revised Project "). A true and correct copy of the CDP
Conditions is attached hereto, marked Exhibit B and incorporated herein by reference
thereto. The uses approved pursuant to the CDP Conditions are shown on the site plan
attached hereto, marked Exhibit C and incorporated herein by reference thereto (the
"Revised Site Plan "). It is contemplated that the Superior Court will discharge the Writ
based on the CDP Conditions for the Revised Project and the CDP Conditions will then
constitute an adjudication of the development rights with respect to the property that is
the subject of the Development Agreement to the extent of the CCC's jurisdiction.
Amended and Restated Development Agreement 2
•
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
F. The development plan for the Revised Project approved in the CDP
Conditions is consistent with the Specific Plan but differs in certain respects from the
plan for the Original Project. The parties desire to amend the Development Agreement
to conform to the terms and conditions of the CDP Conditions and to provide for the
Revised Project. Because this Amendment is intended to conform the Development
Agreement to the terms of the CDP Conditions, it is an amendment contemplated by
Section 6.1.2 of the Development Agreement which reads as follows:
"Permits and approvals required from other agencies may necessitate
amendments to this DevelopmentAgreement and /or to one or more of the
approvals or other approvals granted by City. City shall not unreasonably
withhold approval of any amendment hereof that is mandated by
conditions of approval imposed by any other governmental agency.
G. Developer and City desire to utilize this First Amended and Restated
Development Agreement to secure the public - benefits contemplated by the CDP
Conditions and to vest the entitlements created by the CDP Conditions in Developer
(upon all of the terms and conditions thereof), all as provided pursuant to Government
Code Sections 65864 et seq. The vesting effect of this First Amended and Restated
Development Agreement is intended to apply to the CDP Conditions, to such changes
therein as may be adopted by the CCC on final approval that are consistent with the
CDP Conditions and do not represent material departures therefrom, and to all permits,
approvals and actions implementing the same pursuant to the procedures established
in or referred to in the CDP Conditions and the "Vested Components" as defined in
Section 2.1 below.
H. The City Council reviewed and approved the Development Agreement. It
found the Development Agreement to be consistent with City's General Plan, the
Specific Plan and all applicable City ordinances, rules and regulations, and that its
implementation would be in the best interest of City and the health, safety and welfare
of its residents. City considered and acted upon the Development Agreement at the
hearings described in Exhibit D, attached hereto and incorporated herein by this
reference. The ordinance authorizing execution of the Development Agreement by City
is attached hereto, marked Exhibit E and incorporated herein by this reference. The
environmental impacts of the development contemplated Development Agreement,
were evaluated in the Final Environmental Impact Report ( "FEIR ") prepared by City and
certified as adequate by the City Council pursuant to the California Environmental
Quality Act, through adoption of Resolution No. 4562 (State Clearinghouse No.
96121009). The City Council certified the FEIR, adopted findings and a statement of
overriding considerations in connection with its approval of the Development
Agreement.
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Amended and Restated Development Agreement 3
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
I. The City Council has reviewed and approves this First Amended and
Restated Development Agreement. It finds that this First Amended and Restated
Development Agreement is consistent with City's General Plan, the Specific Plan and
all applicable City ordinances, rules and regulations, and that its implementation is in
the best interest of City and the health, safety and welfare of its residents. City
considered and acted upon this First Amended and Restated Development Agreement
at the hearings described in Exhibit F, attached hereto and incorporated herein by this
reference. The ordinance authorizing execution of the Development Agreement by City
is attached hereto, marked Exhibit G and incorporated herein by this reference. The
City Council has considered the FEIR and found that it fully and fairly addresses the
environmental impacts of the Revised Project contemplated in the First Amended and
Restated Development Agreement, as the Revised Project will have fewer impacts and
provides for more inclusive mitigation measures than those anticipated in connection
with the Original Project. The City Council finds that the certification of the FEIR, the
findings and the facts that support the findings and the statement of overriding
considerations adopted therein, apply with equal force to the approval of this First
Amended and Restated Development Agreement.
NOW, THEREFORE, City and Developer agree as follows:
Article 1. Property Subject To This First Amended and Restated
Development Agreement And Term Of This First Amended and Restated
Development Agreement.
1.1. Property Subject to this First Amended and Restated
Development Agreement. This First Amended and Restated Development
Agreement shall (i) apply to all of the Subject Property (and that portion of the land
included within the Southern California Edison Company ( "SCE ") right -of -way, as
shown on the Revised Site Plan, when, as and if the same is acquired by Developer),
(ii) run with fee title to the Subject Property, and (iii) the benefits and burdens hereof
shall bind and inure to the benefit of all the successors in interest of the parties. The
CDP Conditions establish or suggest uses with respect to parcels not owned by
Developer as follows: (i) a parcel owned by City as shown on the Revised Site Plan (the
"City Parcel "); and (ii) a parcel owned or held under easement by SCE as shown on the
Revised Site Plan.
This First Amended and Restated Development Agreement also includes
agreements by Developer and City with respect to the City Parcel and the District
Parcel, to the extent of the ability of Developer and City to contract with respect to such
Parcels.
1.2. Term.
Amended and Restated Development Agreement 4
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
1.2.1. Term Of First Amended and Restated Development
Agreement. The term of this First Amended and Restated Development Agreement
( "Term ") shall commence upon the effective date of the ordinance approving this First
Amended and Restated Development Agreement ( "Ordinance Date ") and shall continue
until the twentieth (20th) anniversary of the Effective Date, unless the Term is extended
by duly adopted amendment hereof, or earlier terminated in accordance with the
provisions hereof; provided, however, that if the ordinance approving this First
Amended and Restated Development Agreement is made the subject of a referendum
or is challenged by legal action, then the Effective Date shall be the date when the
referendum proceedings and /or legal proceedings have been concluded in a manner
that permits the legal commencement of the parties' obligations under this First
Amended and Restated Development Agreement. If the Term has not commenced by
the fifth (5th) anniversary date hereof, then this First Amended and Restated
Development Agreement shall have no further force or effect unless the parties extend
the same by duly executed written instrument.
Notwithstanding the foregoing, however, (i) the restrictions contained in
Section 2.3.1 shall apply so long as Parcel 2 is used for residential purposes; and the
restrictions contained in Section 2.3.2 shall apply so long as Parcels 1, 5 and 6 are
used for mineral. extraction purposes, and (ii) expiration or termination of this First
Amended and Restated Development Agreement shall not affect any right vested under
California law independent of this First Amended and Restated Development
Agreement.
1.2.2. Term Of Subdivision Maps And Use Permits. The term of any
parcel map, tentative subdivision map, vesting parcel map or vesting tentative
subdivision map relating to the Subject Property or any part thereof, and the term of any
subdivision improvement agreement related to development of the Subject Property or
any portion thereof, shall be extended (pursuant to Government' Code 66452.6(a)) for
the longer of. (i) the Term, or (H) the term of the particular map otherwise allowed under
the Subdivision Map Act, (Government Code 66410, et seq.), and City's Subdivision
Ordinance.
Article 2. Development of the Subject Property.
2.1. Vested Components. The (i) permitted use of the Subject
Property, (ii) provisions for reservation or dedication of land for public purposes, (iii)
provisions for financing and construction of public improvements to protect the general
fund and the public generally from the costs of development of the Subject Property,
and (iv) other terms and conditions of development that apply to the Subject Property
(including, but without limitation, the density or intensity of use and the maximum height
and size of proposed buildings) under the "Approvals" and certain other actions and
proceedings (the Approvals and all such actions being identified and defined in Exhibit
Amended and Restated Development Agreement 5
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
H, attached hereto and incorporated herein by reference thereto), are declared
"vested," and are referred to herein as the "Vested Components." The Vested
Components are defined by and limited to the CDP Conditions as the same may be
revised by the CCC in immaterial respects that are substantially consistent with the
CDP Conditions. No part of the Vested Components may be revised or changed during
the Term without the consent of the owner of the portion of the Subject Property to
which the change applies, except as provided in Sections 2.4 and 2.5 hereof. After the
Ordinance Date, the Vested Components shall be effective against, and shall not be
amended by any ordinance or regulation enacted after the Ordinance Date, whether
adopted or imposed by the City Council or through the initiative or referendum process.
2.2. Development Timing.
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2.2.1. Development Scheduling. Developer shall have no obligation to
initiate or complete development of any phase of the Subject Property within any period
of time except (i) as may otherwise be stated in the Vested Components or a separate
agreement, or undertaking that (a) is part of the Vested Components, or that (b) is
entered into in support of any community facilities or assessment district financing, or
(ii) as provided in the Subdivision Map Act (Gov't Code §§ 66400 et. seq.) or City's
subdivision ordinance as applied to subdivision improvement agreements.
2.2.2. No Phased Growth Control. No future modification of City's code
or ordinances, or adoption of any code, ordinance, regulation or other action that
purports to (i) limit the rate of development over time, (ii) directly or indirectly limit the
number of residential building permits issued or obtainable during any period within the
Term, or (iii) alter the sequencing of development phases (whether adopted or imposed
by the City Council or through the initiative or referendum process) shall apply to the
Subject Property or any part thereof; nor shall any such modification or adoption of a
code, ordinance or regulation modify the rights held by Developer :hereunder.
2.2.3. Infrastructure Components Not Within City Control. City shall
cooperate with Developer and use its best efforts to bring about construction of the
infrastructure required for the development contemplated in the Vested Components
that is not within City's and Developer's control; and no permits or approvals for
development of the Subject Property shall be withheld pending completion of such
construction unless allowing such development to proceed prior to completion of
construction would (i) violate an order of court, (ii) violate an order of a governmental
agency with jurisdiction over City, (iii) pose a threat to health and safety, or (iv) violate
any condition of the Approvals imposed by City or any other governmental authority
with jurisdiction over the Subject Property, or any mitigation measure imposed by the
FEIR.
2.3. Mineral Exploitation.
Amended and Restated Development Agreement
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
2.3.1. Prohibition In Residential, Open Space And Recreational
Areas. No portion of the surface of Parcel 2, as shown on the Revised Site Plan (and
no portion of said Parcel 2 that lies below and within five hundred (500) feet of the
surface of Parcel 2) may be utilized for extraction of oil, gas, hydrocarbon or any other
mineral, metal, rock or gravel or any activities associated with or ancillary to any such
activities. Nothing herein contained shall be deemed to prevent or restrict (i) movement
or export of rock, gravel or earth as part of grading activity undertaken pursuant to a
grading permit issued by City in connection with development allowed under the Vested
Components, or (ii) creation, maintenance or operation of water wells.
2.3.2. No Restriction In Mineral Production Areas. No regulation,
ordinance or rule shall be adopted by City after the Ordinance Date to prohibit, limit or
restrict mineral production, drilling and extraction activities on the surface and
subsurface of Parcels 1, 6 and 7, as shown on the Revised Site Plan. All such activities
on said Parcels shall continue to be governed and controlled by laws, ordinances, rules
and regulations in effect on the Ordinance Date.
2.4. Rules, Regulations and Official Policies.
2.4.1. Existing Regulations Apply. Subject to the terms of Sections
2.4.2 and 2.4.3, the Vested Components shall control development of the Subject
Property. As to any subject or matter not addressed in the Vested Components,
development of the Subject Property shall be subject to City's General Plan, zoning
ordinance, and other rules, regulations, ordinances and official policies that apply to
such development on the Ordinance Date; provided, however, that any conflict between
the Vested Components and such plans, ordinances, rules, regulations and policies
shall be resolved by giving full effect to the Vested Components and the provisions
hereof to the extent permitted by law. To the extent that any ,future changes in the
General Plan, the zoning codes or other rules, ordinances, regulations or policies (other
than the building and other codes excepted pursuant to Section 2.4.3) conflict with this
First Amended and Restated Development Agreement and the Vested Components,
this First Amended and Restated Development Agreement and the Vested
Components shall control.
2.4.2. Subdivision Of Subject Property. Developer shall have the right
from time to time to file subdivision maps and /or parcel maps with respect to some or all
of the Subject Property. Nothing herein contained shall be deemed to authorize
Developer to subdivide or use any of the Subject Property for purposes of sale, lease or
financing in any manner that conflicts with (i) the Subdivision Map Act, or (ii) with City's
subdivision ordinance. For purposes hereof, however, City's subdivision ordinance
shall be limited to and mean the ordinance terms and conditions as of the Ordinance
Date hereof, and no provision of a subdivision ordinance enacted, or that becomes
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Amended and Restated Development Agreement 7
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
effective, after the Ordinance Date shall reduce Developer's rights or increase its
burdens under the Vested Components except to the extent that such ordinance is
required to implement and carry out provisions of state law enacted after the Ordinance
Date.
2.4.3. Building And Fire Code Amendments Not Precluded.
Notwithstanding any other provision to the contrary, nothing herein contained shall be
deemed to prevent adoption and application to improvements upon the Subject
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 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 Tide 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
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, VIA, VI -E and VI -G thereof, except for Appendices H -H
and IV -A, and including those amendments to that Code set forth in Tide 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 I of the 1994 Uniform Code for Building Conservation.
2.4.4. Entitlements as to the Remainder. Notwithstanding any other
provision in this Agreement, the City is not conferring upon the Developer, and
Developer is not receiving, any entitlements or rights, vested or otherwise, to any use in
or on the area defined as Planning Area No. 9 (the "Remainder") in the Specific Plan
other than the existing mineral production uses. Any potential future use is not an
entitled land use (See Table 4 -2, Specific Plan).
2.5. Development, Regulatory Mitigation and Application Fees.
2.5.1. Limitations. All application fees, processing fees, development
impositions and regulatory fees, set by or within the control of City (including, but
without limitation, any fee or charge levied or imposed in connection with or by reason
of the conduct of development or business activity within City), (i) levied upon the
Subject Property or any part thereof, (ii) charged as a condition to any application for or
approval of development or condition thereof, or (iii) imposed to mitigate adverse
environmental impacts, shall be subject to the following limitations:
Amended and Restated Development Agreement 8
F N
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
(1) Application and processing fees shall not exceed those in place
as of the Ordinance Date, as increased from time to time to reflect any changes in the
actual costs incurred by City in processing such applications or managing such
processes;
(2) Regulatory fees shall be limited to the categories and amounts
listed on Schedule I of the Vested Components and may be adjusted in the future to the
lesser of (i) amounts set by City, or (ii) the amounts existing as of the Ordinance Date,
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 City as a fair indicator of fluctuations of the costs in question, from
the Ordinance 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
Subject Property or development thereof, except as provided in Section 2.5.1(3) below);
and
(3) No new regulatory fees and /or development impositions, may
be imposed on all or parts of the Subject Property or development thereof unless (i)
they apply on a City -wide basis and are not limited to the Subject Property, or any part
thereof; (ii) the amount charged 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 charge is
imposed; and (iii) Developer shall be entitled to credit for fees paid and the value of
work performed prior to the enactment of such regulatory fee requirements where such
fees or work deal with or pertain to the same subject matter.
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.
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2.5.2. "Regulatory Fees" Defined. "Regulatory fees" (constituting the
categories and types of fees and charges that are limited pursuant to Sections 2.5.1(2)
and 2.5.1(3)) shall include all charges, levies and impositions that are or would be so
categorized (or as "development impositions ") under applicable ,California law as of the
Ordinance Date (in contrast with "special taxes ").
Article 3. Obligations Of The Parties.
3.1. Developer.
3.1.1. Development Of The Subject Property. Developer shall develop
the Subject Property in accordance with and subject to the Vested Components.
3.1.2. Impact Mitigation.
Amended and Restated Development Agreement 9
1
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
(a) Construction Of Improvements. The public improvements
to be constructed or installed as conditions of development shall be constructed or
installed without cost or expense to City except as otherwise provided in the Vested
Components.
.(b) Subdivision Improvement Agreements And Bonds.
Assurance concerning performance of work required to be performed within portions of
the Subject Property to be subdivided shall be required as a condition to filing the final
subdivision maps or parcel maps for the portion of the Subject Property to be
subdivided, such assurance to be in the form of an improvement agreement requiring
construction or acquisition of such improvements, entered into in accordance with
procedures established pursuant to City's Subdivision Ordinance (with bond or other
surety provided as therein required), unless City approves an alternative method for
providing assurance of such improvement installation, with Developer's consent, or
unless a community facilities district has been formed with provision for construction or
acquisition of the improvements in which case no further assurance or surety shall be
required.
3.2 City.
3.2.1. Hazardous And Toxic Materials Monitoring. City shall diligently
monitor the hazardous materials discharge that has occurred on property owned by City
that has allegedly contaminated a portion of the subsoil and groundwater of the Subject
Property, without cost or expense to Developer, for an eight year period commencing
January, 1999. The annual cost of the monitoring is estimated at $8,000 to $12,000
and in no event shall exceed $12,000 in any calendar year. The City's monitoring
program shall be undertaken in full compliance with all applicable laws, ordinances,
rules and regulations and is subject to the approval of Orange County. City shall obtain
all permits and certifications required by any public authority in connection with such
monitoring. City shall indemnify Developer and hold Developer harmless of and from
any and all Toss, cost, damage, injury or expense, arising out of or in any way related to
such discharge. City further agrees to seek funding from state or federal sources to
remedy the discharge.
3.2.2. Assessment Proceedings.
(a) Construction And Acquisition Proceedings. Developer
may desire to initiate assessment and /or community facilities district proceedings to
finance payment of an or portions of the design, acquisition and construction costs
required to be paid for off -site improvements to be designed and constructed in
connection with development of all or portions of the Subject Property pursuant to the
Vested Components. City acknowledges that Developer shall have the right to initiate
Amended and Restated Development Agreement 10
IN
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
improvement and assessment proceedings utilizing any assessment mechanisms
authorized under the law of the State of California where the property subject to
assessment provides primary security for payment of the assessments. Developer may
initiate such assessment proceedings with respect to a portion of the Subject Property
to provide financing for design or' construction of improvements for such portion without
the consent of the owners of any other portion, to the extent such consent is not
required, or protest permitted, by law, so long as the proceedings are conducted
without cost or expense to or liability imposed upon the owners of the other portions of
the Subject Property. In addition to the restrictions and limitations imposed by the
legislation adopted pursuant to Proposition 218 and other applicable State and federal
laws, such financing arrangements shall be subject to the following general parameters:
(i) City shall diligently process such application so long as the
application:
(aa) complies with law;
(bb) is otherwise regular in form; and
(cc) is consistent with City's standards.
(ii) Upon written demand of the City Manager or his /her
designee, Developer shall advance amounts necessary to pay all costs and expenses •
of the City to evaluate and structure any financing district, to the end that the City will
not be obligated to pay any costs related to the formation or implementation of any
financing district from its own general funds. City staff will meet with Developer to
establish a preliminary budget for such costs, and will confer with Developer from time
to time as to any necessary modifications to that budget.
(iii) City shall diligently seek to sell any bonds, to be issued and
secured by such assessments upon the best terms reasonably available in the
marketplace; provided, however, that City's duty to market bonds 'shall be suspended
during any period when marketing conditions render the "issuance economically
infeasible. The financial viability of any assessment or community facilities district will
be of material concern to City. City will consider written requests by Developer as to
the size and timing of any particular bond issue, as well as the advice of any financial
consultant and /or underwriter employed by City in connection therewith. Developer
understands that City will have disclosure obligations under State and federal securities
laws to prospective purchasers of debt incurred in connection with any public financing,
and agrees to provide City with any information reasonably requested in connection
with such disclosure obligations.
(iv) Any public financing shall be secured solely by assessments
or special taxes levied within the respective district, and proceeds of the bonds issued
that are placed in a bond fund or reserve fund for the financing. City's general fund and
Amended and Restated Development Agreement 1 1
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
its tax increment revenues shall not be pledged to the repayment of any public
financing contemplated by this Section.
(v) The payment of actual initial and annual administrative costs
of City to be incurred in connection with any financing district shall be adequately
assured, through the inclusion in any assessment or special tax methodology of
appropriate provision for such costs as estimated by City, to the end that City's general
fund shall never be called upon to provide for initial or any annual administrative costs
related to any financing district.
(vi) All current and projected annual assessments, special taxes,
real property taxes and any other amounts due to public agencies which are secured by
liens on any parcel within the Property shall not exceed two percent (2 %) of the
estimated market value of the property upon completion of expected public and private
improvements. The estimated market value shall be determined by City staff and
consultants based upon independent absorption studies, appraisals and such other
data as City staff may deem relevant in the circumstances. To the extent practicable,
City staff shall allow an opportunity for Developer to provide input and commentary on
such data prior to its publication. Developer hereby represents that it does not
anticipate the formation of any community facilities district to finance the needs of any
school district arising from development of the Property.
(vii) In any such assessment proceeding, Developer shall be
entitled to add the value of the land in internal streets (meaning streets within the
boundaries of any parcel or subdivision map) to the assessment or other proceedings,
subject to the lien -to -value ratios established herein; provided, however, that if the
rights -of -way for all streets within the Subject Property are dedicated to City, title thereto
shall not be subject to any assessment lien, nor shall any portion thereof be purchased
directly or indirectly by City.
(b) Maintenance District Proceedings. City and /or Developer
may determine to create maintenance districts to fund maintenance and operating costs
for open space areas, trails and trailhead staging areas, wetlands mitigation areas,
storm water detention areas, landscaped medians, street lighting and other
improvements. Subject to the restrictions and limitations imposed by the legislation
adopted pursuant to Proposition 218 and other applicable State and federal laws, City
shall diligently process such applications that comply with law and are otherwise regular
in form. Developer and /or City shall have the right to form or create such maintenance
districts under any mechanism authorized by law where the benefited property may be
assessed or charged for payment of such maintenance and operating cost. Developer
and /or City may initiate proceedings for formation of such maintenance districts with
respect to a portion of the Subject Property to provide for maintenance of improvements
for such portion without the consent of the owners of any other portion, to the extent
Amended and Restated Development Agreement 1 2
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
such consent or a protest proceeding is not otherwise required by law, so long as the
proceedings are conducted without cost or expense to or liability imposed upon the
owners of the other portions of the Subject Property.
.(c) Disclosure to Future Landowners. Developer shall
comply with all applicable laws as to the disclosure of the existence of any financing
district to the purchasers of any portion of the Subject Property within such district. Any
and all such disclosure documentation shall be filed with the office of the City Manager.
City may require the Developer to submit a particular form of disclosure statement, in
addition to any disclosure required under applicable law, to prospective purchasers of
all or a portion of the Subject Property, provided that Developer is offered the.
opportunity to comment on any proposed disclosure statement prior to its publication.
(d) Best Efforts Undertaking. Developer acknowledges that
the formation of any financing district is subject to protest hearings and, in some cases,
voter approval. Although City agrees to use its best efforts to form one or more
financing districts in accordance with the foregoing, it shall incur no monetary liability for
its failure to form any such financing district. City staff shall meet and confer with
Developer from time to time with respect to all major aspects of any financing district,
but the final decisions regarding all aspects of such financing districts shall be subject
to the review and approval of the City Council.
(e) Use of Proceeds. All of the proceeds of the reimbursement
agreements or other financial obligations levied or imposed on Benefited Property
pursuant to this Section shall be retained for the benefit of City and, together with all
interest earned thereon, shall be allocated in the following order of priority no later than
ninety (90) days from the date of collection thereof
(i) Reimbursement to City of its ordinary and necessary
administrative costs incurred in the creation and administration' of such reimbursement
agreements.
(ii) If Developer has loaned or advanced any funds to City to
fund the Improvements to which the Proceeds are applicable,, to repay or reimburse
Developer for such loans or advances, pursuant to Section 3 of this Agreement.
(iii) To reimburse Developer, or otherwise pay, for the costs of
the planning, engineering, design, construction, acquisition or expansion of the
Improvements to which the Proceeds are applicable. Proceeds shall be applied for
such purposes before any fees, taxes, charges, assessments or bond proceeds.
3.2.3. City's Good Faith In Processing. City shall accept, process and
review, in good faith and in a timely manner, (subject to payment of such application
fees as may be charged hereunder in connection therewith) all applications required
Amended and Restated Development Agreement 13
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
under all applicable laws, ordinances, rules and regulations for use of the Subject
Property, in accordance with the terms of this Development Agreement and as required
to determine the compliance of such application with applicable legal requirements.
The scope of City's review of remaining or supplementary applications for development
approvals shall be conducted in accordance with this Development Agreement and
then applicable law, to the extent that applicable law does not conflict with this
Development Agreement. To the maximum extent possible under the circumstances,
applications for further approvals on the Subject Property shall be given priority in
processing.
3.2.4. Right Of Reimbursement From Assessment Proceeds.
Developer shall have the right to obtain reimbursement in any such assessment
proceeding, special tax proceeding or other financing proceeding undertaken by City,
for any costs incurred or fees paid for administration, design and construction of
improvements or implementation of mitigation measures that can properly be included
in such assessment proceedings, such reimbursement to be made together with
interest thereon at the rate of interest being charged on the principal amount of the
assessments from which said reimbursement is made or at such other rate as City
determines fairly compensates for the cost of the funds to be reimbursed.
Article 4. Default, Remedies, Termination.
4.1 General Provisions.
4.1.1 Event's Of Default And Notice. Subject to extensions of time by
mutual consent in writing, or as otherwise provided herein, material failure or delay by
any party to perform any term or provision of this First Amended and Restated
Development Agreement constitutes a default hereunder. Upon default under this First
Amended and Restated Development Agreement or any of its terms or conditions, the
party claiming such default or breach shall give the breaching party not Tess than thirty
(30) days written notice of default, measured from the date of personal service or
delivery by certified mail, specifying in detail the nature of the alleged default and when
appropriate, the manner in which said default may satisfactorily, be cured. During any
such thirty (30) day cure period, the party charged shall not be considered in default for
purposes of termination or institution of legal proceeding.
4.1.2. Remedies. After proper notice and expiration of said thirty (30)
day cure period (or such longer period as the party claiming default may specify)
without cure, or if such cure cannot be accomplished within such thirty (30) day period,
without commencement of cure within such period and diligent effort to effect cure
thereafter, the party to this First Amended and Restated Development Agreement that
has given notice of default may, at its option, institute legal proceedings to enforce this
First Amended and Restated Development Agreement or give notice of intent to
Amended and Restated Development Agreement 14
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
terminate this First Amended and Restated Development Agreement, pursuant to
Government Code Section 65868. 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. Evidence of default also may arise during annual review pursuant
to Section 4.2 below. 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).
4.1.3. No Waiver. Except as otherwise provided herein, any failure or
delay by a party to assert any of its rights or remedies as to any default for a period of
not to exceed one (1) year shall not operate as a waiver of any default or of any such
rights or remedies; nor shall such failure or delay deprive any such party of its right to
institute and maintain any actions or proceedings that it may deem necessary to
protect, assert or enforce any such rights or remedies.
4.1.4. Developer's Remedies Limited To Mandamus. City's
performance of this First Amended and Restated Development Agreement is comprised
of ministerial, non - discriminatory duties that the law specifically enjoins and
administrative actions taken as the result of proceedings in which by law hearings are
required to be given, evidence is required to be taken and discretion in the
determination of facts is vested in City, and, except as otherwise 'provided in Section
4.1.5 below, Developer shall be entitled to obtain relief only in the form of a writ of
mandate in accordance with Code of Civil Procedure Section 1085 or Section 1094.5,
as appropriate, to remedy any default by City in the performance of its obligations and
duties under this First Amended and Restated Development Agreement. Nothing in
this Section 4.1.4 shall be deemed to alter the evidentiary standard or the standard of
review that applies to any action of or approval by City pursuant to this First Amended
and Restated Development Agreement or with respect to the Subject Property.
4.1.5. City Defaults. If City does not accept, review, approve or issue
development permits, entitlements or other land use or building approvals, if any, for
use in a timely fashion as provided in this First Amended and Restated Development
Agreement or defaults in performance of the obligations on its part to be performed
hereunder, Developer (or the owner of the portion of the Subject Property to which such
default applies) shall have the rights and remedies provided herein or available in law or
Amended and Restated Development Agreement 15
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
in equity, including, but without limitation, the right to seek specific performance and /or
writs of mandate in an appropriate case.
4.1.6. Default Remedies Limited To Effected Parcel. Notwithstanding
anything to the contrary herein contained, where a default has occurred only with
respect to a particular lot or parcel, any remedy or right of termination arising hereunder
shall apply solely to or with respect to such lot or parcel and affect only the owner
thereof and the holders of interests therein. No liability shall be imposed against or
apply to any parcel or portion of the Subject Property with respect to which no default
has occurred, nor shall any obligation be imposed against or applied to the owner
thereof.
4.1.7. Copies Of Default Notices. The owner of any portion of the
Subject Property shall have the right to request copies of notice of default given to the
owner of any other portion of the Subject Property. City and any owners of other
portions of the Subject Property to whom such request has been made shall honor the
same and provide such notice in the manner and to the address specified in the
request.
4.1.8. Breach By Action Of The Electorate. The parties understand
that the Development Agreement Law authorizes this First Amended and Restated
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 First Amended and Restated
Development Agreement solely to comply with a measure adopted by initiative after
entry of such a final, non - appealable order subjecting this First Amended and Restated
Development Agreement to the effects of legislation adopted by initiative after the
Ordinance Date, this First Amended and Restated Development Agreement shall be
modified or suspended to the extent required by Government Code Section 65869.5
and Developer's remedies by reason thereof shall be limited to reformation or rescission
of this First Amended and Restated Development Agreement.
4.2 Annual Review. Good faith compliance ,by Developer with the
provisions hereof shall be subject to annual review, utilizing the following procedures:
4.2.1. Director Of Development Services. Review shall be conducted
by the Director of Development Services ( "Director").
4.2.2. Developer's Burden. During review, Developer shall be required
to demonstrate good faith compliance with the terms of this First Amended and
Restated Development Agreement and provide such documents in connection with
such demonstration as the Director may reasonably request.
Amended and Restated Development Agreement 16
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
4.2.3. Director's Decision: Appeal. At the conclusion of the review,
Director shall make written findings and determinations on the basis of substantial
evidence, whether or not Developer or its successors have complied in good faith with
the terms and conditions hereof. Any determination of failure of compliance shall be
subject to the notice requirements and cure periods stated in Section 4.1. Any
interested person may appeal the decision of Director directly to the City Council, such
appeal to be filed within ten (10) days after Director has rendered his decision in writing
or issued a Certificate of Compliance.
4.2.4. Staff Reports. At least ten (10) days prior to the conduct of any
such review, Director shall deliver to Developer a copy of any staff reports and
documents to be used or relied upon in conducting tie review. Developer shall be
permitted an opportunity to respond to Director's evaluation of its performance by
written and oral testimony at a public hearing to be held before Director.
4.2.5. Failure To Comply: Notice Of Termination. If Director
determines that Developer (or any person, firm or entity owning a portion of the Subject
Property) has not complied with the terms and conditions hereof, Director may
recommend to the City Council that City give notice of termination or modification of this
First Amended and Restated Development Agreement as provided in Government
Code §§ 65867 & 65868. If termination is proposed, it shall apply solely with respect to
that portion of the Subject Property (if less than all) affected by the failure to show good
faith compliance and shall be subject to the provisions of Sections 4.1.2 and 4.1.4
hereof. If modification hereof is proposed, the modification shall pertain solely to the
provisions hereof that apply to that portion of the Subject Property (if less than all)
affected by the condition that has prompted the proposed modification.
4.2.6. Failure To Conduct Review, etc. If City fails either to (i) conduct
the annual review for any year, or (ii) notify Developer in writing "(following the time
during which review is to be conducted) of City's determination as to compliance or
noncompliance with the terms of this First Amended and Restated Development
Agreement, and such failure remains uncured for sixty (60) days after the date when
Developer provides to City notice that such annual review should have been conducted,
such failure shall" constitute an approval of Developer's compliance with the terms
hereof for purposes of the annual review to be conducted within said year.
4.2.7. Notice Of Compliance. City shall provide a written "Notice of
Compliance" in recordable form, duly executed and acknowledged by City, whether
City's annual review has resulted in a determination of compliance or compliance is
deemed found pursuant to the preceding subparagraph. Any person owning a portion
of the Subject Property shall have the right to record such Notice of Compliance..
•
•
Amended and Restated Development Agreement 17
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
4.3. Applicable Law /Attorneys' Fees. This First Amended and
Restated Development Agreement shall be construed and enforced in accordance with
the laws of the State of California. Should any legal action be brought by either party
claiming a breach of this First Amended and Restated Development Agreement or to
enforce any provision of this First Amended and Restated Development Agreement, or
to obtain a declaration of rights hereunder, the prevailing party shall be entitled to actual
attorneys' fees, court costs and such other costs as may be fixed by the Court.
Article 5. Permitted Delays; Effect of Subsequent Laws
5.1. Permitted Delays. Performance by any party of its obligations
hereunder (other than for payment of money) shall be excused during any period of
"Excusable Delay" as hereinafter defined. Excusable Delay shall also extend the Term
hereof for the period of the Excusable Delay or five (5) years, whichever is the shorter.
For purposes hereof, Excusable Delay shall include delay beyond the reasonable
control of the party claiming the delay (and despite the good faith efforts of such party)
including (i) acts of God, (ii) civil commotion, (iii) riots, (iv) strikes, picketing or other
labor disputes, (v) shortages of materials or supplies, (vi) damage to work in progress
by reason of fire, floods, earthquake or other casualties, (vii) failure, delay or inability of
the other party to act, (viii) inability of City, after requests by Developer, to hold hearings
necessary to take the actions contemplated in Sections 3.2.2 and /or 3.2.3 hereof, (ix)
delay caused by governmental restrictions imposed or mandated by other governmental
entities, (x) enactment of conflicting state or federal laws or regulations, (xi) judicial
decisions or similar basis for excused performance; (xii) litigation brought by a third
party attacking the validity of this First Amended and Restated Development
Agreement, any of the approvals, or any permit, ordinance, entitlement or other action
necessary for development of the Subject Property or any portion hereof, shall
constitute an excusable delay as to the Subject Property or the owner affected;
provided, however, that any party claiming delay shall promptly notify the other party (or
parties) of any delay hereunder as soon as possible after the same has been
ascertained, and give notice to the other party or parties of the end of the event or
condition causing the delay as soon as reasonably possible after cessation of the event
or condition causing the delay.
5.2. Arbitration Of Dispute Over Existence Of Excusable Delay.
5.2.1. Disputes Subject To Arbitration. Any dispute between the
parties concerning the existence of Excusable Delay shall be resolved by arbitration.
Such arbitration shall be final and binding between the parties, and the order of the
arbitrator may be enforced in the manner provided for enforcement of a judgment of a
court of law pursuant to the applicable provisions of the California Code of Civil
Procedure. The arbitration shall be conducted in accordance with the procedures set
forth in Sections 5.2.2 through 5.2.8 below.
Amended and Restated Development Agreement 18
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
5.2.2. Demand. Any party who has a claim (the "Demanding Party ")
hereunder to be resolved through arbitration shall state the claim (the "Claim ") in
writing. The Claim shall include (i) the item or matter in dispute, (ii) the Demanding
Party's position, and (iii) a specific statement of the exact relief the Demanding Party
requests.
5.2.3. Meet And Confer. The parties shall meet and confer in an attempt
to resolve the matter raised by the Claim. If they are unable to reach a resolution within
thirty (30) days after the date of the Claim, then within ten (10) days thereafter, the
Demanding Party shall either (i) restate its Claim, (ii) amend the Claim, or (iii) withdraw
the Claim. Failure on the part of the Demanding Party to withdraw or amend the Claim
in writing shall constitute a restatement thereof.
5.2.4. Response. If the Claim is not withdrawn within the ten (10) day
period provided for in Section 5.2.3 above, the other party (the :Responding Party ")
shall, within fifteen (15) days after expiration of the ten (10) day period provided for in
Section 5.2.3 above, prepare a response to the Claim (the "Response ") specifying (i)
the Responding Party's position on the Claim, and (ii) the exact relief the Responding
Party requests.
5.2.5. Submission To Arbitration. The matter or matters in dispute shall
be submitted to the arbitrator on the basis of the issue as framed by the Claim (as the
same may have been amended pursuant to Section 5.2.3 above) and the Response.
The arbitrator shall be a person from the Orange County Area with at least five (5)
years' experience and professional qualifications in the subject matter in dispute under
the Claim and Response. If the parties are unable to agree on the selection of a single
person to serve as arbitrator for the resolution of the dispute within thirty (30) days after
the date of the Response, then either party shall have the right to apply for the
appointment of a duly qualified person to act as arbitrator to the Presiding Judge of the
Superior Court of the County of Orange, State of California, and neither party shall have
any right to object to the qualifications of said Judge to make such appointment. If the
arbitrator resigns or refuses to serve, then a new arbitrator shall, be appointed as herein
provided.
5.2.6. Hearing. As soon as convenient after appointment, the arbitrator
shall meet with the parties to hear evidence and argument on their Claim or Response.
The arbitrator shall not be bound by the Rules of Evidence in the conduct of such
proceeding although the arbitrator shall take account of said rules in considering the
weight of the evidence. To the extent applicable, the decision of the arbitrator shall
conform to law and the arbitrator shall be entitled to retain an independent attorney to
advise him as to such questions of law that may arise during the proceeding. In making
a decision, the sole function of the arbitrator shall be to determine whether (i) the relief
Amended and Restated Development Agreement 19
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
requested in the Claim, or (ii) the relief requested in the Response is the more
appropriate relief to be given in connection with the matter in dispute, and the arbitrator
shall have no right to fashion an independent or different result.
5.2.7. Payment Of Costs By The Parties. Each party shall pay one -half
(1/2) of the fees and costs of the arbitrator and all of its own costs and attorneys' fees in
connection with the arbitration, except that the arbitrator may award to the prevailing
party its costs and reasonable attorneys' fees, pursuant to Section 5.2.8.
5.2.8. Award Of Costs And Fees. The arbitrator shall have no right to
award costs or attorneys' fees to either party unless the arbitrator determines that the
Claim or the Response is based on a position totally lacking in merit or that was
asserted for purposes solely of delay, in which case the arbitrator shall have the right to
award costs and attorneys' fees to the Prevailing Party.
5.3. Effect Of Subsequent Laws. If any governmental or quasi -
governmental agency other than City adopts any law, regulation or imposes any
condition ( "Law "), after the date of this First Amended and Restated Development
Agreement that prevents or precludes compliance with one or more provisions of this
First Amended and Restated Development Agreement, and the provisions hereof are
not entitled to the status of vested right as against such Law, then the provisions of this
First Amended and Restated Development Agreement shall, to the extent feasible, be
modified or suspended as may be necessary to comply with such Law. Immediately
after enactment of any such law, the parties shall meet and confer in good faith to
determine the feasibility of any such modification or suspension based on the effect
such modification or suspension would have on the purposes and intent of this First
Amended and Restated Development Agreement. Developer shall have the right to
challenge such Law and seek a declaration that it does not affect or diminish the
provisions hereof. If any such challenge is successful, this First Amended and
Restated Development Agreement shall remain unmodified and in full force and effect.
Article 6. Cooperation of City.
6.1. Other Governmental Permits.
6.1.1. City Action. City shall cooperate with Developer in its endeavors
to obtain any other permits and approvals as may be required from other governmental
or quasi - governmental agencies having jurisdiction over the Subject Property or
portions thereof (including without limitation, public utilities or utility districts and
agencies having jurisdiction over transportation facilities and air quality issues) and
shall, from time to time, at the request of Developer join with Developer in the execution
of such permit applications and agreements as may be required to be entered into with
any such other agency, so long as the action of that nature will not require City to incur
Amended and Restated Development Agreement 20
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
any cost, liability or expense without adequate indemnity against or right of
reimbursement therefore.
6.1.2. Modification Of First Amended and Restated Development
Agreement To Obtain Permits, etc. Permits and approvals required from other
agencies may necessitate amendments to this First Amended and Restated
Development Agreement and /or to one or more of the approvals or other approvals
granted by City. City shall not unreasonably withhold approval of any amendment
hereof that is mandated by conditions of approval imposed by any other governmental
agency.
6.2. Cooperation In Dealing With Legal Challenge. If any 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 Approvals, the FEIR, or this First
Amended and Restated Development Agreement, Developer and City shall cooperate
in defending any such action. City shall notify Developer 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 Developer
immediately upon receipt of notice thereof. Developer 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 Vested Components, the FEIR,
or this First Amended and Restated Development Agreement, instituted by a third party
or another governmental entity or official; provided, however, that if City fails promptly to
notify Developer of any legal action against City, or if City fails to reasonably cooperate
in the defense, Developer shall not thereafter be responsible for City's defense. •
Developer shall reimburse promptly all of City's defense costs including, without
limitation, court costs, attorneys fees and expert witness and consultant fees.
Developer 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 Developer as provided in this Section 6.2.
Article 7. Mortgagee Protection; Certain Rights of Cure.
7.1 Mortgagee Protection. This First Amended and Restated
Development Agreement shall be superior and senior to any lien placed upon the
Subject Property, or any portion thereof, after the date of recording this First Amended
and Restated Development Agreement (other than liens to secure taxes and
assessments levied by City to raise funds for construction of improvements or for other
public purposes), including the lien of any deed of trust or mortgage ( "Mortgage ").
Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or
impair the lien of any Mortgage made in good faith and for value, but all of the terms
and conditions contained in this First Amended and Restated Development Agreement
Amended and Restated Development Agreement 21
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
shall be binding upon and effective against any person or entity, including any deed of
trust beneficiary or mortgagee ( "Mortgagee ") who acquires title to the Subject Property,
or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or
otherwise. The terms hereof shall be binding upon and effective against any person or
entity that acquires title to the Subject Property, or any portion thereof, by foreclosure of
or sale under any assessment lien levied by City to raise funds for construction of
improvements or for other public purposes.
7.2. Mortgagee Not Obligated. Notwithstanding the provisions of
Section 7.1 above, no Mortgagee shall have any obligation or duty under this First
Amended and Restated Development Agreement to construct or complete the
construction of improvements, or to guarantee such construction or completion;
provided, however, that a Mortgagee shall not be entitled to devote the Subject
Property to any uses or to construct any improvements thereon other than those uses
or improvements provided for or authorized by this First Amended and Restated
Development Agreement; and provided further, however, that the purchaser or
successor to any such Mortgagee shall not be relieved of any such construction
obligations all of which shall immediately reattach upon conveyance by such
Mortgagee.
7.3. Notice Of Default To Mortgagee. If City receives notice from a
Mortgagee requesting a copy of any notice of default that may be given to Developer
hereunder and specifying the address for service thereof, then City shall deliver to such
Mortgagee, concurrently with service thereon to Developer, any notice given to
Developer with respect to any claim by City that Developer has committed an event of
default; and if City makes a determination of noncompliance hereunder, City shall
likewise serve notice of such noncompliance on such Mortgagee concurrently with
service thereof on Developer. Each Mortgagee shall have the right during the same
period available to Developer to cure or remedy, or to commence :to' cure or remedy, the
event of default claimed or the areas of noncompliance set forth in City's notice.
Article 8. Transfers And Assignments.
8.1. Restriction On Transfer Of Developer's Rights And
Obligations. Except as provided in Section 8.2 below, Developer shall not sell, assign,
transfer, mortgage, hypothecate, or similarly convey (collectively, a "Transfer") any of
Developer's rights or obligations hereunder. Developer acknowledges that the identity
of Developer is of particular concern to City, and it is because of Developer's identity
that City has entered into this First Amended and Restated Development Agreement
with Developer. No voluntary or involuntary successor in interest of Developer shall
acquire any rights or powers under this First Amended and Restated Development
Agreement. No transfer or assignment hereunder shall be deemed to release
Amended and Restated Development Agreement 22
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
Developer from the obligations of Developer hereunder except upon the issuance of a
Certificate of Compliance (as defined herein) setting forth such release with specificity.
8.2. Permitted Transfers. Notwithstanding the provisions of Section
8.1, Developer may make the following "Permitted Transfers," provided that such
Permitted Transfers comply in all respects with the Subdivision Map Act, Government
Code Sections 66410 et seq.
8.2.1. Upon the prior written approval of City, Developer may transfer this
First Amended and Restated Development Agreement, or the Subject Property, to any
Transferee, provided that the Transferee has the skill or experience equal to or greater
than that of Developer with respect to quality, character, track record, financial ability
and reputation, as determined by City in the exercise of its reasonable, good faith
business judgement. City consents to the transfer of the residential parcel to WL
Homes, doing business as John Laing Homes, or its successor, and to those portions
of the Subject Property to be held for wetlands preservation and restoration to the
Wildlife Conservation Board, the California Coastal Conservancy or another public or
private entity with similar goals, objectives and purposes.
8.2.2. Developer may transfer any common areas or commonly owned
improvements, located within the boundaries of a duly filed final parcel map or
subdivision map and so designated on that map, to an association composed in whole
or in part of the owners of lots or parcels within the boundaries of that duly filed final
map.
8.2.3. Developer may execute mortgages, deeds of trust, sales and
leaseback, or any other form of encumbrance or conveyance required for any
reasonable method of financing from an institutional lender with the prior written
approval of City (which said approval shall not be unreasonably withheld or delayed),
for the purpose of securing loans or funds to be used for financing the direct or indirect
costs of the development of the Subject Property (including land development costs,
reasonable and customary developer fees, loan fees and costs, and other normal and
customary project costs).
8.2.4. Developer may transfer any lot or parcel shown on a duly filed final
subdivision map, which said parcel constitutes a lot created for the purposes of
residential use in accordance with the terms of the Specific Plan and the other
restrictions herein contained, without the prior approval of City.
8.3 Release Of Transferring Developer. Notwithstanding a Transfer,
Developer (except with respect to the specific transfers to which City has consented
pursuant to Article 8.2.1 which shall result in a release of Developer with respect to the
portion of the Subject Property so transferred) shall continue to be obligated under this
Amended and Restated Development Agreement 23
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
First Amended and Restated Development Agreement with respect to the portion of the
Subject Property that is transferred unless Developer is released from its obligations
under this First Amended and Restated Development Agreement by City, in writing,
setting forth the remaining obligations, if any, pursuant to this First Amended and
Restated Development Agreement (the "Certificate Of Compliance "). Within fifteen (15)
days after written demand from Developer, City shall issue a Certificate of Compliance
that shall be recorded with respect to the portion of the Subject Property affected
thereby and that is released from further obligations under this First Amended and
Restated Development Agreement. The Certificate of Compliance shall state with
specificity the completed obligations of Developer and the continuing or remaining
obligations of Developer. Notwithstanding any other provision to the contrary contained
in this First Amended and Restated Development Agreement, City shall not be required
to issue a Certificate of Compliance during any period in which Developer is in default in
performance of its obligations hereunder. Notwithstanding the foregoing (and anything
to the contrary herein contained), the filing of. the final subdivision map with respect to
the portion of the Subject Property to be developed for residential under the CDP
Conditions shall constitute the Certificate Of Compliance with respect to that portion of
the Subject Property included within the boundaries of the final subdivision map and a
release of all obligations under this First Amended and Restated Development
Agreement with respect to that portion of the Subject Property except those obligations
expressly made a condition of filing said final subdivision map.
8.4. No Third Parties Benefited. No third party that is not a party
hereto or a successor or assign of a party hereto, may claim the benefits of any
provision hereof, and any third party so benefited in fact shall have no rights greater
than those that would be held by any member of the public affected by such actions or
enactments without regard to this First Amended and Restated Development
Agreement.
8.5. Covenants Run With The Land. All of the provisions,
agreements, rights, powers, standards, terms, covenants and obligations contained in
this First Amended and Restated Development Agreement shall be binding upon the
parties and their respective heirs, successors (by merger, consolidation, or otherwise)
and assigns, devisees, administrators, representatives, lessees, and all other persons
or entity acquiring the Subject Property, any lot, parcel or any portion thereof, or any
interest therein, whether by sale, operation of law or in any manner whatsoever, and
shall inure to the benefit of the parties and their respective heirs, successors (by
merger, consolidation or otherwise) and assigns. All of the provisions of this First
Amended and Restated Development Agreement shall be enforceable during the Term
as equitable servitudes and constitute covenants running with the land pursuant to
applicable law, including, but not limited to Section 1468 of the Civil Code of the State
of California. Each covenant to do or refrain from doing some act on the Subject
Property hereunder, or with respect to any City owned property or property interest, (i)
Amended and Restated Development Agreement 24
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
is for the benefit of such properties and is a burden upon such property, (ii) runs with
such properties, and (iii) is binding upon each party and each successive owner during
its ownership of such properties or any portion thereof, and each person or entity
having any interest therein derived in any manner through any owner of such
properties, or any portion thereof, and shall benefit each party and its property
hereunder, and each other person or entity succeeding to an interest in such properties.
Article 9. Release Of Obligations As To Developed Portions Of Subject
Property.
9.1. Statement Of Purpose. In this Article 9, the parties desire to
provide for a discharge of the obligations of the First Amended and Restated
Development Agreement upon filing of a final subdivision map or parcel map with
respect to any portion of the Subject Property so that City and the purchaser (or
purchasers) and encumbrancer (or encumbrancers) of any such lot or parcel need not
be concerned with any of the obligations herein contained other than those made
pertinent to such lot or parcel as a condition of filing of the final subdivision map or
parcel map creating the same.
9.2. Release. All obligations of Developer shall be deemed discharged
and fulfilled with respect .to lots or parcels shown on duly filed final subdivision maps or
parcel maps, subject to compliance with (i) the conditions imposed in connection with
such fling, and (ii) the conditions upon issuance of building permits with respect to
structures to be located thereon imposed pursuant to this First Amended and Restated
Development Agreement. No such final subdivision map or parcel map shall be
subjected to filing conditions that shall cause or require Developer to perform
obligations with respect to the lands so divided in excess of those obligations required
pursuant to the Vested Components. Such final subdivision map or parcel map shall be
deemed to establish compliance with the requirements hereof to 'the full extent of a
Certificate of Compliance or Estoppel Certificate provided pursuant to Section 11.7.
Article 10. Amendment.
10.1. General Provision. This First Amended and Restated
Development Agreement may be amended in the manner provided in the Development
Agreement Legislation, except as otherwise expressly provided herein.
10.2. Administrative Amendments. • Any provision hereof or of the
Vested Components that does not (i) change the density, intensity or nature of the uses
permitted on the Subject Property, (ii) diminish the areas to be dedicated for public
purposes, or (iii) materially reduce Developer's improvement obligations with respect to
any portion of the Subject Property, may be adopted and implemented as an
administrative matter, without action by the City Council, by the City Manager and
Amended and Restated Development Agreement 25
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
Developer (or the successor to Developer with respect to the portion of the Subject
Property affected by the administrative amendment). Any such amendment shall take
effect fifteen (15) days after execution thereof by both parties with written notice hereof
to the members of the City Council by delivery to the City Clerk.
10.3. City Waivers. City may waive, reduce the burden of or revise the
Vested Components as they apply to any portion of the Subject Property with the
consent of the owner of such portion, so long as: (i) the waiver, reduction or revision
does not conflict with the land uses, improvement or mitigation requirements of the
Vested Components (or any permit or approval granted thereunder), (ii) such reduction
or waiver does not increase the burden imposed upon a portion of the Subject Property
owned by any other owner, and (iii) the waiver, reduction or revision does not conflict
with the CDP Conditions.
10.4 Right Of Amendment. No owner of Tess than all of the Subject
Property shall have the right to seek or consent to amendment otthe terms hereof, to
terminate this First Amended and Restated Development Agreement or enter into an
agreement to rescind any provisions hereof in a manner that is binding upon or affects
any of the Subject Property other than that owned in fee simple by said owner. City's
review of an amendment to this First Amended and Restated Development Agreement
shall be limited to consideration of the proposed modification solely as it relates to the
portion of the Subject Property directly impacted by the modification or as it relates to
the specific obligations of the person, firm or entity that owns fee simple title to the land
affected by such modification, as the case may be. No unrelated amendments shall be
entertained or conditions imposed by City as a condition to approving a proposed
amendment.
Article 11. General Provisions.
11.1. Project is a Private Undertaking. The development proposed to
be undertaken by Developer on the Subject Property is a private development. Except
for that portion thereof to be devoted to public improvements to be constructed by
Developer in accordance with the Vested Components, City has no interest in,
responsibility for or duty to third persons concerning any of said improvements; and
Developer shall exercise full dominion and control over the Subject Property, subject
only to the limitations and obligations of Developer contained in this First Amended and
Restated Development Agreement. Developer shall hold and save City harmless and
indemnify it of and from any and all Toss, cost, damage, injury or expense, arising out of
or in any way related to injury to or death of persons or damage to property that may
arise by reason of the physical development of the Subject Property pursuant to this
First Amended and Restated Development Agreement; provided, however, that the
foregoing indemnity shall not include indemnification against (i) suits and actions
brought by Developer by reason of City's default or alleged default hereunder, or (ii)
Amended and Restated Development Agreement 26
First Amended and Restated Development Agreement
• Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
suits and actions caused solely by or resulting solely from City's material acts or
omissions, or (iii) suits and actions arising from the sole negligence or willful misconduct
of City; provided further, however, that the foregoing indemnity shall not apply to claims
pertaining to ownership and operation of those portions of the Subject Property
dedicated to and accepted by City arising from and after the dedication thereof.
11.2. Notices, Demands and Communications Between The Parties.
Formal written notices, demands, correspondence and communications between City
and Developer shall be sufficiently given if personally served or mailed by registered or
certified mail, postage prepaid, return receipt requested, to the addresses of City or
Developer stated on the signature page hereto. Notice may also be given by telephone
facsimile to the telephone numbers given on the signature page, with a confirming copy
of the facsimile communication mailed on the same day as above provided. Notices
and demands shall be effective upon receipt. Such written notices, demands,
correspondence and communications may be sent in the same manner to such other
persons and addresses as either party may from time -to -time designate by notice as
provided in this section and the foregoing addresses may be changed by notice given
as herein provided.
11.3. No Joint Venture or Partnership. Nothing contained in this
Development Agreement or in any document executed in connection with this First
Amended and Restated Development Agreement shall be construed as creating a joint
venture or partnership between City and Developer.
11.4. Severability. If any provision of this First Amended and Restated
Development Agreement is held invalid, void or unenforceable but the remainder of the
First Amended and Restated Development Agreement can be enforced without failure
of material consideration to any party, then the First Amended and Restated
Development Agreement shall not be affected and it shall remain an 'full force and effect,
unless amended or modified by mutual consent of the parties. if any material provision
of this First Amended and Restated Development Agreement is held invalid, void or
unenforceable, however, the owner of any portion of the Subject Property affected by
such holding shall have the right in its sole and absolute discretion to terminate this
First Amended and Restated Development Agreement as it applies to the Subject
Property so affected, upon providing written notice of such termination to City.
11.5. Interpretation. To the maximum extent possible, this First
Amended and Restated Development Agreement shall be construed to provide binding
effect to the Vested Components, to facilitate use of the Subject Property as therein
contemplated and to allow development to proceed upon all of the terms and conditions
applicable thereto, including without limitation, public improvements to be constructed
and public areas to be dedicated.
Amended and Restated Development Agreement 27
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
11.6. Completion Or Revocation. Upon completion of performance by
the parties or revocation of this First Amended and Restated Development Agreement,
a written statement acknowledging such completion or revocation, signed by the
appropriate agents of City and Developer shall be recorded in the Office of the
Recorder of Orange County, California.
11.7. Estoppel Certificate. Either party may, at any time, and from time
to time, (but no more frequently than four (4) times in any calendar year) deliver written
notice to the other party requesting such party to certify in writing that, to the knowledge
of the certifying party, (1) this First Amended and Restated Development Agreement is
in full force and effect and a binding obligation of the parties, (ii) this First Amended and
Restated Development Agreement has not been amended or modified either orally or in
writing, and if so amended, identifying the amendments, and (iii) the requesting party is
not in default in the performance of its obligations under this First Amended and
Restated Development Agreement, or if in default, to describe therein the nature and
amount of any such defaults. A party receiving a request hereunder shall execute and
return such certificate or give a written detailed response explaining why it will not do so
within thirty (30) days following the receipt thereof. Each party acknowledges that such
a certificate may be relied upon by third parties acting in good faith. A certificate
provided by City establishing the status of this First Amended and Restated
Development Agreement with respect to any lot or parcel shall be in recordable form
and may be recorded with respect to the affected lot or parcel at the expense of the
recording party. Failure to deliver such a certificate or a written denial within the time
specified above shall constitute a conclusive presumption against the party failing to
provide the certificate that this First Amended and Restated Development 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 except as may be so represented.
11.8. Construction. All parties have been represented by counsel in the
preparation of this First Amended and Restated Development Agreement and no
presumption or rule that ambiguity shall be construed against a drafting party shall
apply to interpretation or enforcement hereof. This First Amended and Restated
Development Agreement fully supersedes and replaces the Development Agreement
which shall have no further force or effect.
11.9. Counterpart Execution. This First Amended and Restated
Development Agreement may be executed in any number of counterparts and shall be
deemed duly executed when each of the parties has executed such a counterpart.
11.10. Time. Time is of the essence of each and every provision hereof.
Amended and Restated Development Agreement 28
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
IN WITNESS WHEREOF, the parties hereto have executed this Development
Agreement as of the day and year first above written.
"City" "Developer"
CITY OF SEAL BEACH, a HELLMAN PROPERTIES, LLC
Municipal Corporation of the
State of California
City of Seal Beach HELLMAN PROPERTIES, LLC
Attn: City Manager Attn: F. Jerome Tone, Agent
211 8th Street 980 Fifth Ave, Suite 202
Seal Beach, CA 90740 -6379 San Rafael, CA 94904
(562) 431 -2527
By: By:
Mayor Its:
ATTEST:
By:
Joanne M. Yeo
City Clerk
APPROVED AS TO FORM
By:
Quinn M. Barrow
City Attorney
Amended and Restated Development Agreement 29
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
EXHIBIT A
DESCRIPTION OF SUBJECT PROPERTY
(Hellman Properties LLC - Hellman Ranch Property)
DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF SEAL BEACH, AND IS DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF SECTION 11 AND OF THE WEST HALF OF SECTION 12,
TOWNSHIP 5 SOUTH, RANGE 12 WEST, WITHIN LOT C -1 OF THE RANCHO LOS
ANGELES, AS PER MAPS I AND 2 FILED IN DECREE OF PARTITION, IN THE SUPERIOR
COURT OF CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES, 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 IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID LOT C -1,
ALSO BEING THE SOUTHEASTERLY LINE OF THE STRIP OF LAND 100 FEET IN WIDTH
OF THE LOS ANGELES GAS AND ELECTRIC CORPORATION, WITH A LINE PARALLEL
WITH AND SOUTHERLY 1056.14 FEET FROM THE NORTH LINE OF THE SOUTH HALF OF
SAID SECTION 11, SAID INTERSECTION BEING ALSO THE NORTHWESTERLY CORNER
OF LOT 18 OF TRACT NO. 1817 AS PER MAP RECORDED IN BOOK 82, PAGES 26 TO 31
INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY OF ORANGE; THENCE, ALONG THE NORTHERLY BOUNDARY OF SAID
TRACT, AND ALONG THE NORTHERLY BOUNDARY OF TRACT, NO. 2590 AS PER MAP
RECORDED IN BOOK 82, PAGES 32 TO 39 INCLUSIVE OF SAID MISCELLANEOUS MAPS,
THE FOLLOWING COURSES: SOUTH 89 DEGREES 47' 55" EAST 535.26 FEET; SOUTH 17
DEGREES 39'50" EAST 224.72 FEET; SOUTH 58 DEGREES 14' 20" EAST 233.06 FEET;
NORTH 83 DEGREES 25' 10" EAST 483.32 FEET; NORTH 67 DEGREES 58' 55" EAST
235.00 FEET; NORTH 13 DEGREES 25' 35" EAST 110.30 FEET; NORTH 54 DEGREES 00'
10" EAST 139.31 FEET; SOUTH 89 DEGREES 47' 55" EAST 2640.57 FEET; AND SOUTH 44
DEGREES 52' 03" EAST 548.68 FEET TO THE WESTERLY LINE OF BAY BOULEVARD;
THENCE, ALONG SAID WESTERLY LINE, NORTH 30 DEGREES 38' 00" EAST 1702.41
FEET TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE
REDEVELOPMENT CENTER OF THE CITY OF SEAL BEACH, RECORDED FEBRUARY 27,
1976 IN BOOK 11659, PAGE 1767 OF OFFICIAL RECORDS; THENCE NORTH 65 DEGREES
43' 42" WEST 1344.43 FEET ALONG SAID SOUTHWESTERLY LINE TO THE
SOUTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND SHOWN AS
CONTAINING 124.077 ACRES ON A MAP FILED IN BOOK 83, PAGE 22 OF RECORD OF
SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF ORANGE,
Amended and Restated Development Agreement 30
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED AS PARCEL
01 -104 IN THE DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT,
RECORDED JANUARY 27, 1961 IN BOOK 5609, PAGE 69 OF OFFICIAL RECORDS;
THENCE, ALONG THE BOUNDARY OF SAID LAND, NORTH 89 DEGREES 48' 27 " WEST
380.00 FEET; NORTH 53 DEGREES 34' 46" WEST 1116.68 FEET; NORTH 89 DEGREES 48'
02" WEST 310.00 FEET; AND NORTH 0 DEGREES 09' 46" EAST 60.85 FEET TO THE
BOUNDARY LINE BETWEEN STATIONS 1 AND 2 OF LOS ANGELES AND ORANGE
COUNTIES, AS SURVEYED BY THE COUNTY SURVEYOR OF SAID LOS ANGELES
COUNTY, AND ESTABLISHED BY THE CALIFORNIA LEGISLATURE IN 1919, AND AS
SHOWN ON LOS ANGELES COUNTY SURVEYOR'S MAP NO. 8175 RECORDED IN BOOK
39, PAGE 52 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID LOS ANGELES COUNTY; THENCE SOUTH 57 DEGREES 06' 51"
WEST 2979.04 FEET TO THE INTER - SECTION WITH THE LINE DESCRIBED IN SEAL
BEACH BOUNDARY AGREEMENT NO. 2, AS DESCRIBED IN DOCUMENT NO. 4989
RECORDED APRIL 8, 1968 IN BOOK 9565, PAGE 1 OF OFFICIAL RECORDS; THENCE,
ALONG SAID AGREEMENT LINE, BEING ALSO THE RANCHO LOS ALAMITOS LINE
BETWEEN STATIONS 50 AND 51, AS PER MAP NO. 2 OF A PARTITION OF SAID RANCHO,
FILED IN DECREE OF PARTITION IN SUPERIOR COURT CASE NO. 13527, IN THE SAID
COUNTY OF LOS ANGELES, A COPY OF WHICH WAS RECORDED JANUARY 29, 1891 IN
BOOK 700, PAGE 141 OF DEEDS IN SAID COUNTY RECORDER'S OFFICE OF LOS
ANGELES COUNTY, A COPY OF WHICH WAS RECORDED MARCH 12,1891 IN BOOK 4,
PAGE 31 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY; THENCE SOUTH 37 DEGREES 51' 40" EAST 465.20 FEET ALONG SAID
AGREEMENT LINE AND RANCHO LINE, TO STATION So OF THE RANCHO LOS
ALAMITOS; THENCE SOUTH 54 DEGREES 37' 05" WEST 613.07 FEET, CONTINUING
ALONG SAID RANCHO LINE TO THE POINT OF BEGINNING.
EXCEPT THEREFROM, THAT PORTION CONVEYED TO THE CITY OF LOS ANGELES BY
DEED RECORDED FEBRUARY 15, 1961 IN BOOK 3629, PAGE 527 Of OFFICIAL
RECORDS.
(Southern California Edison)
DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT, IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF SEAL BEACH, AND IS DESCRIBED AS
FOLLOWS:
PARCEL A:
THAT PORTION OF TIDE LAND LOCATION NO. 137 "SURVEY NO. 106 ". AS PATENTED BY
THE STATE OF CALIFORNIA ON FEBRUARY 12, 1901, AND RECORDED APRIL 27, 1901 IN
BOOK 9, PACE 105, OF PATENTS, RECORDS OF LOS ANGELES COUNTY, AND
RECORDED SEPTEMBER 5, 1905 IN BOOK 1, PACE 231, Of PATENTS, RECORDS OF
ORANGE COUNTY, DESCRIBED IN THAT CERTAIN DEED TO SOUTHERN CALIFORNIA
EDISON COMPANY DATED NOVEMBER 30, 1976 AND RECORDED FEBRUARY 18, 1977
Amended and Restated Development Agreement 31
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
AS INSTRUMENT NO. 23970 IN BOOK 12075, PAGE 340, Of OFFICIAL RECORDS,
RECORDS OF ORANGE COUNTY.
EXCEPTING THEREFROM ANY PORTION THEREOF INCLUDED IN THAT CERTAIN
PARCEL OF LAND DESCRIBED AND DESIGNATED AS PARCEL 13 OF EXHIBIT "D" IN
THAT CERTAIN EXCHANGE AGREEMENT RECORDED APRIL 23,1970 AS INSTRUMENT
NO. 14119 IN BOOK 9272, PAGE 102 AND FOLLOWING, OF SAID OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THE NORTHWESTERLY 50.00 FEET THEREOF.
(Southern California Edison)
DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, AND IS DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTH
HALF OF TIM NORTHEAST QUARTER, ALL OF SECTION 11, TOWNSHIP 5 SOUTH,
RANGE 12, WEST, IN THE RANCHO LOS ALAMITOS, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP FILED IN DECREE OF PARTITION IN THE SUPERIOR COURT •
OF LOS ANGELES COUNTY, AS CASE NO. 13527, A CERTIFIED COPY OF SAID DECREE
HAVING BEEN RECORDED FEBRUARY 2,1891 IN BOOK 14, PACE 31 OF DEEDS OF. SAID
ORANGE COUNTY AND THAT PORTION OF TIDE LAND LOCATION NO. 137 "SURVEY No.
106 ", AS PATENTED BY THE STATE OF CALIFORNIA ON FEBRUARY 12,1901, AND
RECORDED APRIL 27,1901 IN BOOK 9, PAGE 105 OF PATENTS, RECORDS OF LOS
ANGELES COUNTY, AND RECORDED SEPTEMBER 5, 1905 IN BOOK 1, PAGE 231 Of
PATENTS RECORDS OF ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT POINT "A ", HEREINBEFORE REFERRED TO IN, PARCEL 1; THENCE -
SOUTH 0° 10' 24" WEST, 419.23 FEET TO A 4 INCH PIPE SET ,IN CONCRETE MARKED
LAG 40; THENCE SOUTH 54° 48' 00" WEST, 2721.05 FEET TO STATION NO. 50 OF SAID
RANCHO; THENCE CONTINUING SOUTH 54° 48' 00 ", WEST, 613.69 FEET TO A POINT ON
THE EASTERLY LINE OF THE PACIFIC COAST HIGHWAY AS DESCRIBED IN THE DEED
TO THE STATE OF CALIFORNIA RECORDED DECEMBER 2, 1929 IN BOOK 332, PAGE 237
OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY;
THENCE NORTH 0° 54' 57" WEST, 120.93 FEET ALONG SAID EASTERLY LINE OF THE
PACIFIC COAST HIGHWAY; THENCE NORTH 54° 48' 00" EAST, 3058.35 FEET; THENCE
NORTH 27° 29' 12" EAST, 278.25 FEET; THENCE NORTH 0° 10' 24" EAST, 146. 18 FEET TO
SAID 4 INCH PIPE SET IN CONCRETE MARKED LAG 37, HEREINBEFORE REFERRED TO
IN PARCEL 1; THENCE NORTH 57° 10' 40" EAST, 119.22 FEET TO SAID POINT "A" AND
THE POINT OF BEGINNING.
Amended and Restated Development Agreement 32
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
EXCEPTING THEREFROM THAT PORTION DESCRIBED AND DESIGNATED PARCEL 13
OF EXHIBIT "D" IN THAT CERTAIN EXCHANGE AGREEMENT RECORDED APRIL 23, 1970
IN BOOK 9272, PAGE 140 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE PROPERTY
DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY
2,1981 IN BOOK 13934, PAGE 1637 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ALL OIL, GAS, PETROLEUM AND OTHER MINERALS OR
HYDROCARBON SUBSTANCES IN AND UNDER OR WHICH MAY BE PRODUCED FROM
SAID LAND, WITHOUT, HOWEVER, THE RIGHT TO USE THE SURFACE OF SAID LAND,
AS EXCEPTED AND RESERVED IN THOSE CERTAIN DEEDS RECORDED SEPTEMBER
26, 1924 IN BOOK 542, PAGE 120 OF DEEDS AND RECORDED FEBRUARY 15, 1961 IN
BOOK 5620, PAGE 527, OF OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
(City of Seal Beach Redevelopment Agency)
DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF SEAL BEACH, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 94, PAGE 1 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
* * **
Amended and Restated Development Agreement 33
First Amended and Resta&ad Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
EXHIBIT B
DRAFT CDP CONDITIONS
Amended and Restated Development Agreement 34
STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS. Governor
CALIFORNIA COASTAL COMMISSION
' South Coast Area Office Page: Page . 1 of 19 ;
200 Oceangate, Suite 1000
Date:
Long Beach, CA 90802 -4302 P ermit A Ilcation No.: 5 -97- 367 -A1
(562) 590 -5071 DRAFT pp
• 01/22/2001 2:06 PM
NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT
Coastal Development Permit 5 -97 -367 granted to Hellman Properties LLC
consisting of: Subdivide 196 acre site into 9 parcels, including subdivision of one
parcel into 70 single - family residential lots in a private community; construct a
public golf course (including 6.8 acres of marsh integrated into the golf course) and
golf clubhouse; dedicate Gum Grove Park to the City of Seal Beach; create 26.0
acres of saltwater marsh and reserve existing oil production areas for future
wetland restoration; construct interpretive areas, dedicate public access trails, and
visitor - serving recreation facilities; extend Adolfo Lopez Drive, and conduct an
archaeological testing program, has been amended. On October 11,2000, the
California Coastal Commission granted to Hellman Properties LLC Coastal
Development Permit Amendment 5 -97- 367 -A1, subject to the attached conditions,
for development consisting of: Change the proposed project description to eliminate
a 100 acre golf course and associated wetland impacts and wetland restoration;
add a deed restriction reserving lowlands for acquisition for wetlands restoration;
expand the footprint of 70 -lot residential subdivision from 14.9 acres to 18.4
acres; reduce mass grading from 1.6 million cubic yards to 420,000 cubic yards;
and include changes to the language of previously imposed special conditions
•
...more specifically described in the application file in the Commission offices.
The development is within the coastal zone in Orange County at Hellman Ranch;
N.E. of PCH (State Route 1), S.E. of the San Gabriel River, south of Adolfo Lopez
Drive, West of Seal Beach Blvd, and North of Marina Hill, Seal Beach.
The actual development permit is being held in the Commission office until
fulfillment of the Special Conditions imposed by the Commission. Once these
conditions have been fulfilled, the permit will be issued. For your information, all
the imposed conditions are attached.
Issued on behalf of the California Coastal Commission on
•
PETER DOUGLAS By:
Executive Director Title: Coastal Program Analyst
ACKNOWLEDGMENT
The undersigned permittee acknowledges receipt of this notice of the California
Coastal Commission determination on Permit Amendment No. 5 -97 -367 -Al, and
fully understands its contents, including all conditions imposed.
Date Permittee
Please sign and return one copy of this form to the Commission office at the above
address.
NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT
Permit Application No. 5 -97- 367 -Al
Page 2 of 19 DRAFT
01/22/2001 2:06 PM
STANDARD CONDITIONS
•
1. Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must be
made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will be
resolved by the Executive Director or the Commission. ti !
4. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to bind all
future owners and possessors of the subject property to the terms and
conditions.
SPECIAL CONDITIONS PREVIOUSLY IMPOSED BY THE COMMISSION
ON SEPTEMBER 9, 1998 WITH MODIFICATIONS FROM COASTAL
DEVELOPMENT PERMIT AMENDMENT 5 -97- 367 -A1 APPROVED BY
THE COMMISSION ON OCTOBER 11, 2000 SHOWN:
1. RESERVATION OF POTENTIAL FOR LOWLANDS .ACQUISITION FOR
WETLANDS RESTORATION
[Deleted]. See Special Condition 16.
2. REVISED VESTING TENTATIVE TRACT MAP NO. 15381
[Deleted]. See Special Condition 27
3. STATE LANDS PARCEL
[Deleted].
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4. GUM GROVE PARK
[Deleted]. See Special Condition 17
5. PUBLIC ACCESS PROGRAM •
[Deleted]. See Special Condition 18
6. ARCHAEOLOGY
[Deleted]. See Special Condition 27 .
7. WATER QUALITY
PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit, for the review and approval of the Executive Director,
a National Pollutant Discharge Elimination System permit ( "NPDES "), Storm
Water Pollution Prevention Plan, and Structural and Non - structural Best
Management Practices for the proposed project, in compliance with the •
standards and requirements of the California Regional Water Quality Control
Board. The applicant shall implement and comply with the water quality
measures approved by the Executive Director. Runoff from the site shall be
directed to the Los Alamitos retarding basin to the maximum extent feasible.
The permittee shall comply with mitigation measures WQ -5 through WQ -10
inclusive as approved by City of Seal Beach City Council resolution 4562.
8. HAZARDS i
Mitigation Measures WQ -1, WQ -2, WQ -3, WQ -4, GEO -1, GEO -2, GEO -3,
GEO -4, GEO -5, GEO -6, GEO -7, and GEO -8 as shown on Exhibit B of City of
Seal Beach City Council Resolution 4562 certifying the Hellman Ranch
Specific Plan Environmental Impact Report on September 22, 1997 (Exhibit
11 of the September 9, 1998 Staff Report) are hereby incorporated by
reference as special conditions of this coastal development permit.
9. FUTURE CONSTRUCTION OF HOMES ON THE MESA
This coastal development permit does not approve development on the lots
created by Vesting Tentative Tract Map No. 15402. A future coastal
development permit(s) is required for development, such as site preparation,
construction of streets, common walls and landscaping, and construction of
the actual homes, etc. on the site. Construction spoils, materials, and .
equipment shall not be placed in any wetland areas.
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10. LEGAL INTEREST
PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit, for the review and approval of the Executive Director,
written documentation demonstrating that it has the legal ability to carry out
all conditions of approval of this permit.
11. WETLANDS RESTORATION AREA / CONSERVATION
[Deleted]. •
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12. FINAL WETLAND RESTORATION PROGRAM
[Deleted].
13. GOLF COURSE OPERATIONS AND GOLFER WETLAND EDUCATION
PROGRAM
[Deleted].
14. RESIDENTIAL DEVELOPMENT - TIMING OF CONSTRUCTION
[Deleted].
SPECIAL CONDITIONS FROM COASTAL DEVELOPMENT PERMIT
AMENDMENT 5 -97- 367 -A1 APPROVED BY THE COMMISSION ON
OCTOBER 11, 2000:
15. PRIOR CONDITIONS
Unless specifically altered by this amendment, all regular and special
conditions attached to coastal development permit 5 -97 -367 remain in
effect.
16. RESERVATION OF POTENTIAL FOR LOWLANDS ACQUISITION FOR
WETLANDS RESTORATION
A. PRIOR TO THE ISSUANCE OF THECOASTAL DEVELOPMENT PERMIT, the
applicant shall execute and record a deed restriction, in a form and content
acceptable to the Executive Director which shall provide that:
(1) For a period of twenty -five years, the applicant agrees to sell the
lowlands area of the property as defined in "Attachment 1" (as revised
pursuant to subsection B. of this condition) to any public agency or
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non - profit association acceptable to the Executive Director that requests
in writing to purchase the property or, through the normal State of
California land acquisition practices if the State is the prospective buyer;
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and,
(2) The sale shall be at fair market value as established by an appraisal paid
for by the buyer and prepared by an appraiser mutually acceptable to the
buyer and applicant, or, if the parties are unable to agree, by an appraiser
designated by third party, or if the buyer and applicant agree through an
arbitration on value; and,
(3) The uses shall be restricted to wetlands restoration, open space and
environmental education purposes, with reversion rights to the State
Coastal Conservancy.
The deed restriction shall remain in effect for twenty -five years and be
recorded over the lowlands area of the property and shall run with the land,
binding all successors and assigns, and shall be recorded free of prior liens
and encumbrances that the Executive Director determines may affect the
enforceability of the restriction. This deed restriction shall not be removed or
changed without a Coastal Commission - approved amendment to this coastal
development permit unless the Executive Director determines that no
amendment is required.
B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit, for review and approval of the Executive Director, a
revised "Attachment 1" consisting of a map, prepared by,an appropriately
licensed professional, which (i) depicts the area to be deed "restricted
pursuant to subsection A. of this condition and Special Condition 28, (ii)
which maintains this restriction over at least 100 acres, (iii) which removes
those areas necessary for the bio -swale and water quality basin and raptor
foraging habitat from the area to be deed restricted pursuant to subsection
A. of this condition and (iv) which off -sets the removal of those areas from
the deed restriction with other land within the project site suitable for a deed
restriction pursuant to subsection A. of this condition.
Note: Special Condition 16 replaces Special Condition 1 in its entirety.
17. GUM GROVE PARK
PRIOR TO THE ISSUANCE OF RESIDENTIAL BUILDING PERMITS, the
applicant shall submit, for the review and approval of the Executive Director,
written evidence demonstrating that the area known as Gum Grove Nature
Park and as delineated as Lot 3 of proposed Vesting Tentative Tract Map
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15381 has been dedicated in fee to the City of Seal Beach, as proposed by
the applicant. The dedication documents shall provide that:
(a) The park shall be preserved in perpetuity as a passive recreational
nature park open to the public. Active recreational activities or
commercial facilities shall be prohibited.
(b) Necessary parking facilities which are the minimum required to serve
the park and which meets Americans with Disabilities Act
requirements shall be provided. The existing twenty (20) striped
parking spaces for Gum Grove Park shall be maintained.
(c) All trails within the dedicated park area shall be constructed to be
accessible to persons with disabilities consistent with Americans
with Disabilities Act requirements. No trails shall be lighted in order to
minimize impacts on wetlands.
(d) Small scale interpretive signage which describes the Monarch Butterfly
may be permitted if approved by the Executive Director.
(e) Gum Grove Park shall be open from dawn to dusk (one hour after
sunset) on a daily basis. Changes in hours of operation of Gum Grove
Park shall require an amendment to this permit unless the Executive
Director determines that an amendment is not required.
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(f) Signage shall be conspicuously posted which states that the park is
.open to the general public. 0..
(g) That portion of proposed Lot 3 of Tentative Tract Map No. 15381,
comprised of an approximately 25 foot wide strip of land which
borders Seal Beach Boulevard and extends west from Seal Beach
Boulevard to connect with the primarily used part of Gum Grove Park,
shall be subject to the following requirements:
(1)The frontage along Seal Beach Boulevard shall not be gated,
fenced, or obstructed in any manner which prevents public access
from Seal Beach Boulevard.
(2)The area shall be reserved for a public trail and parking lot, which
are visible, and directly accessible to the public from Seal Beach
Boulevard, and which lead from Seal Beach Boulevard to the primary
• part of Gum Grove Park to the west. The public parking lot area shall
be large enough for a minimum of ten (10) parking spaces. Where it is
not feasible to reserve enough public parking area on this portion of
proposed Lot 3, public parking directly accessible from Seal Beach
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development in accordance with the raptor foraging habitat management
plan approved by the Executive Director. Any proposed changes to the
approved raptor foraging habitat management plan shall be reported to the
Executive Director. No changes to the approved raptor foraging habitat
management plan shall occur without a Commission amendment to this
coastal development permit unless the Executive Director determines that no
amendment is required.
22. OPEN SPACE DEED RESTRICTION
A. No development, as defined in section 30106 of the Coastal Act shall occur
in the raptor foraging habitat delineated by the map required pursuant to
Special Condition 21 except for:
1. Activities related to raptor foraging habitat maintenance pursuant to
the raptor foraging habitat management plan required pursuant to
Special Condition 21.C.; and
2. The following development, if approved by the Coastal Commission as
an amendment to this coastal development permit: activities related to
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public access, recreation, and wetland restoration provided that such
development continues to designate a minimum of 9.2 acres of
equivalent or better functioning raptor foraging habitat.
B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall execute and record a deed restriction in a form and content
acceptable to the Executive Director, which shows that the open space area
identified pursuant to Special Condition 21 shall be restricted as open space
for raptor foraging habitat and the deed restriction shall reflect the above
restriction on development in the designated open space. The deed
restriction shall contain the raptor foraging habitat management plan
approved by the Executive Director pursuant to Special Condition 21.C. The
deed restriction shall include legal descriptions of both the applicant's entire
parcel and the open space area. The deed restriction shall run with the land,
binding all successors and assigns, and shall be recorded free of prior liens
that the Executive Director determines may affect the enforceability of the
restriction. This deed restriction shall not be removed or changed without a
Commission amendment to this coastal development permit.
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21. REQUIREMENT FOR IDENTIFICATION OF SUITABLE RAPTOR FORAGING
HABITAT AND REQUIREMENT FOR MANAGEMENT PLAN
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit for review and approval of the Executive Director, a
map, prepared by a biologist in accordance with current professional
standards, delineating raptor foraging habitat with long term conservation
potential available within the lowlands of the subject property as identified in
the letter from Glenn Lukos Associates of Lake Forest, California to John
Laing Homes and Hellman Properties dated September 11, 2000, regarding
Response to June 19, 2000, letter from the California Department of Fish
and Game Regarding Biological Resources at Hellman Ranch. The area
delineated shall not be Tess than 9.2 contiguous acres of raptor foraging
habitat. The delineation and site selection shall occur in consultation with •
the California Department of Fish and Game, and the map submitted to the
Executive Director shall be accompanied by a written endorsement by the
California Department of Fish and Game of the raptor foraging habitat
delineation, the selected site and the map; and
B. The raptor foraging habitat to be identified in subsection A. of this condition
shall have the same or better functions and values as the site to be
impacted, in accordance with the biological assessment prepared by Glenn
Lukos Associates in their letter dated September 11, 2000. If there are no
raptor foraging habitat areas with the same or better functions and values as
the site to be impacted in the area previously identified by the applicant as
having such, the applicant shall obtain an amendment to this coastal
development permit in order to remedy the discrepancy; and.
C. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit for review and approval of the Executive Director, a
raptor foraging habitat management plan which identifies management
measures necessary to, at minimum, maintain the functions and values of
the raptor foraging habitat identified in subsection B. of this condition. Such
measures shall include appropriate brush management measures for the
maintenance of raptor foraging habitat. Measures may include brush
clearance and brush mowing; planting of plant species associated with raptor -
foraging habitat, and exotic and invasive plant species controls for the
removal of plant species which upset the functioning of the raptor foraging
habitat, including, but not limited to, ice plant, pampas grass, arundo giant
cane, and myoporum. Any chemical controls to be used in areas adjacent to
wetlands shall be limited to those which are non -toxic to wetland organisms
(e.g. Rodeo® Herbicide). The raptor foraging habitat management plan shall
be prepared in consultation with the California Department of Fish and Game,
and shall be accompanied by a written endorsement of the plan by the
California Department of Fish and Game. The permittee shall undertake
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H. Sequencing of Issuance of Coastal Development Permit Related to
Archeological Investigation.
In advance of compliance with the other special conditions of Coastal
Development Permit 5 -97 -367. as amended, the Executive Director may
issue a coastal development permit, consistent with the terms of subsections
A through G of this condition, for the development needed to undertake the
archeological investigation.
Note: Special Condition 19 replaces Special Condition 6 in its entirety.
20. FINAL PLANS
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit, for review and approval of the Executive Director:
1. Final design, grading, construction, structural, and drainage plans for the
bio- swale, riparian corridor and water quality basin that substantially
conform with the Storm Water Management & Water Quality Control
Plan, (SWM & WQCP) prepared by MDS Consulting and Fuscoe
Engineering of Irvine, California, dated July 27, 2000, submitted to the
Commission; and
2. Final landscape plans for the bio - swale, riparian corridor, and water
• quality basin that substantially conform with the Storm Water
Management & Water Quality Control Plan, (SWM & WQCP) prepared
by MDS Consulting and Fuscoe Engineering of Irvine,,California, dated
July 27, 2000, submitted to the Commission, and the letter from Glenn
Lukos Associates of Lake Forest, California to John Laing Homes and
Hellman Properties dated June 28, 2000, regarding Biological Benefits
of Proposed Wetland Treatment System, CDP 5 -97- 367 -A1, Hellman
Ranch Property, Orange County, California. These final plans shall be
prepared in consultation with the California Department of Fish and
Game and U.S. Fish and Wildlife Service and shall be accompanied by
written evidence of their endorsement of the landscape plans.
B. The permittee shall undertake development in accordance with the approved
final plans. Any proposed changes to the approved final plans shall be
reported to the Executive Director. No changes to the approved final plans
shall occur without a Commission amendment to this coastal development
permit unless the Executive Director determines that no amendment is
required.
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The archaeologist, in consultation with the Native American monitor, shall
sample, identify and evaluate the artifacts as appropriate and shall report
such findings to the permittee, the City and the Executive Director. If the
archaeological resources are found to be significant, the archaeologist, in
consultation with the Native American monitor, shall determine
appropriate actions, and shall submit those recommendations in writing to
the Executive Director, the applicant and the City. The archaeologist
shall also submit the recommendations for the review and approval of the
Executive Director and shall be prepared in accordance with the
provisions outlined in Special Condition 19.0 above. Any recommended
changes to the proposed development or the mitigation measures
identified in the final plan required by Special Condition 19.C. shall require
a permit amendment unless the Executive Director determines that a
permit amendment is not required.
Development activities may resume if the cultural resources are not
determined to be `important' as defined by the California Environmental
Quality Act (CEQA).
•(2) Should human remains be discovered on -site during the course of site
preparation, grading, and construction activities, immediately after such
discovery, the on -site City - selected archaeologist and Native American
• monitor shall notify the City of Seal Beach, Director of Development
Services and the County Coroner within 24 hours of such discovery, and
all construction activities shall be temporarily halted in the vicinity of the
discovery site until the remains can be identified. The Native American
group /person from the Juaneno /Aciachemem, Gabrielin.ofT.ongva, or
Luiseno people designated or deemed acceptable by the NAHC shall
participate in the identification process. Should the human remains be
determined to be that of a Native American, the permittee shall comply
with the requirements of Section 5097.98 of the Public Resources Code.
Within five (5) calendar days of such notification, the.director of
development services shall notify the Executive Director of the discovery
of human remains.
G. Incorporation of Archaeology Requirements into Construction Documents.
Special Condition No. 19 of Coastal Development Permit 5-97-367 shall be
incorporated in its entirety into all the construction documents which will be
used by construction workers during the course of their work as well as all
construction bid documents.
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professional practice, if additional archaeological data recovery measures are
determined appropriate. The written report and additional mitigation
measures shall also be submitted to the OHP and the appropriate Native
American person /group from the Juaneno /Aciachemem, Gabrielino/Tongva.
or Luiseno people designated or deemed acceptable by the NAHC. An
amendment to this permit shall be required to implement any additional
mitigation measures unless the Executive Director determines a permit
amendment is not required.
D. Implementation of Mitigation Measures and Summary of Fieldwork. Prior to
commencement of site preparation, grading, and construction activities for
any development (other than archaeological investigation activities) located
within a fifty foot (50') radius of the furthest boundary of each
state - identified archaeological site as delineated in the archaeological
research design, all of the requirements of Special Conditions 19.A., 19.B.,
and 19.C. shall have been met. All development shall occur consistent with
the final plan required by Special Condition 19.C. A written synopsis report
summarizing all work performed in compliance with Special Conditions 19.A,
19.B, and 19.0 shall be submitted to the Executive Director, OHP, the NAHC
and the person /group from the Juaneno /Aciachemem, GabrielinofTongva, or
Luiseno people designated or deemed acceptable by the NAHC, wi thin six (6)
weeks of the conclusion of field work. No later than six months after
completion of field work, a final report on the excavation and analysis shall
be submitted to the Executive Director, OHP, the NAHC and
the person /group from the Juaneno /Aciachemem, Gabrielino/Tongva, or
Luiseno people designated or deemed acceptable by the NAHC.
E. Monitoring of Construction Activities. All site preparation; g "rading and
construction activities for the proposed development shall be monitored on-
site by a qualified archaeologist and Native American monitor. The
archaeologist and Native American monitor shall have the express authority
to temporarily halt all work in the vicinity of the discovery site should
significant cultural resources be discovered. This requirement shall be
incorporated into the construction documents which will be used by
construction workers during the course of their work.
F. Discovery of Cultural Resources / Human Remains During Post -
Archaeological Testing Construction Activities.
(1) If additional or unexpected archaeological features are discovered during
site preparation, grading, and construction activities for approved
development other than the archaeological investigation, all work shall be
temporarily halted in the vicinity of the discovery site while the permittee
complies with the following:
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19. ARCHAEOLOGY
For purposes of this condition, "OHP" shall mean the State Office of Historic
Preservation, and "NAHC" shall mean the state Native American Heritage Commission.
A. Research Design. The permittee shall undertake the proposed archaeological
investigation in conformance with the proposed archaeological research
design entitled A Research Design for the Evaluation of Archaeological Sites
within the Hellman Ranch Specific Plan Area dated November 1997 prepared
by KEA Environmental, Inc. for the City of Seal Beach. Prior to issuance of
_ the coastal development permit for the archeological investigation, the
applicant shall submit written evidence, subject to the review and approval
of the Executive Director, that a copy of the archaeological research design
has been submitted to the OHP, the NAHC, and the Native American
person /group from the Juaneno /Aciachemem, Gabrielino/Tongva, or Luiseno l .
people designated or deemed acceptable by the NAHC for their review and
comment. An amendment to this permit shall be required for any changes to
the research design suggested by OHP, NAHC, or the Native American
group /person unless the Executive Director determines that an amendment is
not required.
B. Selection of Archaeologist(s) and Native American Monitor(s). The
archaeologist(s) selected by the City shall meet the United States
Department of Interior minimum standards for archaeological consultants, as
also endorsed by the OHP. The City shall select the Native American
monitor(s) in compliance with the "Guidelines for monitors /consultants of
Native American cultural, religious and burial sites" issued, by the NAHC, and
in consultation with the appropriate Native American per. %group from the
Juaneno /Aciachemem, Gabrielino/Tongva, or Luiseno people deemed
acceptable by the NAHC.
C. Post- Investigation Mitigation Measures. Upon completion of the
archaeological investigation, and prior to the commencement of construction
of any development approved by this coastal development permit (other than
archaeological investigation activities or subdivision), the applicant shall
submit, for the review and approval of the Executive Director, a written
report regarding the following: 1) a summary of the findings of the
archaeological investigation, and 2) a final written mitigation plan which shall
identify recommended mitigation measures, which may include capping of
archaeological sites, data recovery and curation of.important archaeological
resources as defined by the California Environmental Quality Act, and
detailed additional mitigation measures which need to be implemented. The
applicant shall also submit for review and approval of the Executive Director,
a signed contract with a City - selected archaeological consultant that
provides for archaeological salvage that follows current accepted
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binding all successors and assigns, and shall be recorded free of prior liens
that the Executive Director determines may affect the enforceability of the
restriction. This deed restriction shall not be removed or changed without a
Coastal Commission - approved amendment to this coastal development
permit unless the Executive Director determines that no amendment is
required.
C. Revised Vesting Tentative Tract Map No. 15402. PRIOR TO ISSUANCE OF
THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the
review and approval of the Executive Director, two copies of a revised
vesting tentative map for Tract No. 15402 if: (1) all of the ten public
. parking spaces required under Special Condition 17.(g)(2) cannot be built on
proposed Lot 3 of Vesting Tentative Tract Map 15381, and /or (2) the
entities with jurisdiction over Seal Beach Boulevard do not approve a
separate vehicular entrance off of Seal Beach Boulevard to said public
parking spaces. The revised map shall show: (1) the locations and design of
said public parking spaces which cannot be built on Lot 3 and instead shall
be built on the portion of the area subject to Vesting Tentative Tract Map
No. 15402 closest to Lot 3, and 2) the location of the public street which
connects the public parking required under Special Condition 17.(g)(2) of this
permit with the entrance to the subdivision proposed by Vesting Tentative
Tract Map No. 15402. The revised map shall be accompanied by written
documentation demonstrating that the governmental agencies which have
jurisdiction over Seal Beach Boulevard and parking space standards have
approved the revised map. The applicant shall record the revised map
approved by the Executive Director.
D. Construction of Trail and Parking Lot. PRIOR TO COMMENCEMENT OF
CONSTRUCTION OF THE HOUSES WITHIN THE AREA SUBJECT TO
VESTING TENTATIVE TRACT MAP NO. 15402, the applicant shall construct
a public access trail and parking lot, which are visible and directly accessible
to the public from Seal Beach Boulevard, which lead from. Seal Beach
Boulevard to the primary part of Gum Grove Park to the west. The public
parking lot shall contain a minimum of ten (10) parking spaces and shall be
directly accessible from Seal Beach Boulevard. Where it is not feasible to
construct the public parking and vehicular entrance on this portion of
proposed Lot 3 of Vesting Tentative Tract Map No. 15381, public parking
directly accessible from Seal Beach Boulevard shall be constructed on
proposed Lot 2 of Tentative Tract Map No. 15381 (i.e., the area subject to
Vesting Tentative Tract Map No. 15402) immediately adjacent to proposed
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Lot 3, in accordance with the provisions of Special Condition 18.B of this
permit.
Note: Special Condition 18 replaces Special Condition 5 in its entirety.
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Boulevard shall be provided for on proposed Lot 2 of Tentative Tract
Map No. 15381 adjacent to proposed Lot 3, in accordance with the
provisions of Special Condition 18.B. of this permit.
(h) Domesticated animals (including, but not limited to, dogs) shall be
leashed and under the control of the party responsible for the animal
at all times within Gum Grove Park.
Note: Special Condition 17 replaces Special Condition 4 in its entirety.
18. PUBLIC ACCESS PROGRAM
A. Public Access Signage. PRIOR TO ISSUANCE OF THE COASTAL
DEVELOPMENT PERMIT, the permittee shall submit, for the review and
approval of the Executive Director, a detailed signage plan which provides for
the installation of signs clearly visible from Pacific Coast Highway and Seal
Beach Boulevard which invite and encourage the public to use the public
access, parking, and recreation opportunities proposed at Gum Grove Park,
and the public access trail and public parking linking Gum Grove Park to Seal
Beach Boulevard. Key locations include but are not limited to; 1) Gum Grove
Park, both at its western entrance and at the proposed Seal Beach Boulevard
entrance. The plans shall indicate the location, materials, dimensions,
colors, and text of the signs. The permittee shall install the signs in
accordance with the signage plans approved by the Executive Director.
B. Residential Community Streets (Vesting Tentative Tract Map No. 15402).
PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall execute and record a deed restriction, in a form and content
acceptable to the Executive Director, which shall provide that: 1) public
pedestrian and bicycle access to the streets and sidewalks constructed
within the area subject to Vesting Tentative Tract Map No. 15402 shall not
be precluded, 2) no locked gates, walls, fences, or other.obstructions
prohibiting public pedestrian or bicycle access to the streets and sidewalks
constructed within the area subject to Vesting Tentative Tract Map No.
15402 shall be permitted, 3) no requirement to allow public vehicular access
over the private streets is necessary if the applicant is willing to provide
public parking within Gum Grove Park and a separate vehicular entrance from
Seal Beach Boulevard to said public parking, 4) if fewer than the ten (10)
public parking spaces required by Special Condition 17.(g)(2) of this permit
can be constructed on proposed Lot 3 of Vesting Tentative Tract Map No.
15381, the portion of the area subject to Vesting Tentative Tract Map No.
15402 closest to Lot 3 shall be reserved for the balance of the public parking
spaces so that the parking spaces are directly accessible from Seal Beach
Boulevard. The deed restriction shall be recorded over the entire area subject
to Vesting Tentative Tract Map No. 15402 and shall run with the land,
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23. WATER QUALITY
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit a final Storm Water Management and Water Quality
Control Plan (SWM & WQCP) designed to mitigate stormwater runoff and
nuisance flow from development on Vesting Tentative Tracts 15381 and
15402. The final SWM & WQCP shall include structural and non - structural
Best Management Practices (BMPs) designed to control the volume, velocity
and pollutant load of stormwater and nuisance runoff leaving the developed
site. The final plan shall be reviewed by the consulting engineering geologist
to ensure conformance with geotechnical recommendations. The final plan
shall demonstrate substantial conformance with the Water Quality
Management Plan (WQMP). Tract 15402, Hellman Ranch, prepared by MDS
Consulting of Irvine, California, dated January 2000, and the Storm Water
Management & Water Quality Control Plan, (SWM & WQCR) prepared by
MDS Consulting and Fuscoe Engineering of Irvine, California, dated July 27,
2000, and the following requirements:
1. Post - development peak runoff rates and average volume from the
developed site shall not exceed pre - development levels for the 2 -year
24 -hour storm runoff event.
2. Post - construction treatment control BMPs shall be designed to
mitigate (infiltrate or treat) stormwater runoff from each runoff event
up to and including the 85th percentile 24 -hour runoff event.
3. The approved SWM & WQCP shall be implemented prior to or
concurrent with the construction of infrastructure associated with the
development on Vesting Tentative Tracts 15381 and 15402. The
approved BMPs and other measures included in the final SWM &
WQCP shall be in place and functional prior to the issuance of the first
residential building permit within Vesting Tentative. Tract 15402.
4. All structural and non - structural BMPs shall be maintained in a
functional condition throughout the life of the approved development.
Maintenance activity shall be performed according to the
recommended maintenance specifications contained in the California
Stormwater BMP Handbooks (California Stormwater Quality Task
Force, 1993) for selected BMPs. At a minimum, maintenance shall
include the following: (i) all structural BMPs shall be inspected,
cleaned and repaired, as needed prior to the onset of the storm
season, no later than October 1st of each year and (ii) should any of
the project's surface or subsurface drainage /filtration structures or
other BMPs fail or result in increased erosion, the applicant /landowner
or successor -in- interest shall be responsible for any necessary repairs
NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT
Permit Application No. 5 -97- 367 -Al
Page 16 of 19 DRAFT
01/22/2001 2:06 PM
to the drainage /filtration system and restoration of the eroded area.
Should repairs or restoration become necessary, prior to
commencement of such repair or restoration work, the applicant shall
submit a repair and restoration plan to the Executive Director to
determine if an amendment or new coastal development permit is
required to authorize such work.
B. Any changes to the structures outlined in the Storm Water Management &
Water Quality Control Plan, (SWM & WQCP) prepared by MDS Consulting
and Fuscoe Engineering of Irvine, California, dated July 27, 2000, including
changes to the footprint of any such structures, necessary to accommodate
the requirements of subsection A of this condition, shall require an
amendment to this coastal development permit, unless the Executive Director
determines that no amendment is required.
C. The permittee shall undertake development in accordance with the approved
final plan. Any proposed changes to the approved final plan shall be
reported to the Executive Director. No changes to the approved final plan •
shall occur without a Commission amendment to this coastal development
permit unless the Executive Director determines that no amendment is
required.
D. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall execute and record a deed restriction in a form and content
acceptable to the Executive Director, reflecting the requirements outlined in
subsections A., B., and C. of this condition. The deed restriction shall
include legal descriptions of both the applicant's entire parcel and the deed
restricted area. The deed restriction shall run with the land, binding all
successors and assigns, and shall be recorded free of prior liens that the
Executive Director determines may affect the enforceability of the restriction.
This deed restriction shall not be removed or changed without a Commission
amendment to this coastal development permit.
24. RESERVATION OF LAND FOR WATER QUALITY PURPOSES
A. The area of land containing the proposed water quality basin, bio -swale and
riparian corridor, and associated appurtenances as depicted in Figure 8
• (inclusive of the landscaped areas) of the Storm Water Management & Water
Quality Control Plan, (SWM & WQCP) prepared by MDS Consulting and
Fuscoe Engineering of Irvine, California, dated July 27, 2000, shall be
reserved for water quality improvement purposes through a deed restriction
as required pursuant to subsection B. of this condition. The deed restriction
shall not preclude use of the same such land for wetland restoration provided
the water quality improvement functions of the system described in the
•
SWM & WQCP, as revised and approved by the Executive Director pursuant
NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT
Permit Application No. 5 -97- 367 -Al
Page 17 of 19 DRAFT
01/22/2001 2:06 PM
to Special Condition 23, is, at minimum maintained. In addition, the deed
restriction shall not preclude construction and maintenance of the access
road depicted Figure 8, nor shall it preclude the construction and
maintenance of the utilities and oil transmission lines depicted on Vesting
Tentative Tracts 15381 and 15402, as approved by the Executive Director,
nor shall is preclude the maintenance of existing oil operations, provided the
water quality improvement functions of the system described in the SWM &
WQCP, as revised and approved by the Executive Director pursuant to
Special Condition 23, is, at minimum maintained. Finally, the deed
restriction shall not preclude development associated with the archaeological
investigation required pursuant to Special Condition 19.
B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall execute and record a deed restriction in a form and content
acceptable to the Executive Director, reflecting the above restrictions. The
deed restriction shall include legal descriptions of both the applicant's entire
parcel and the deed restricted area. The deed restriction shall run with the
land, binding all successors and assigns, and shall be recorded free of prior
liens that the Executive Director determines may affect the enforceability of
the restriction. This deed restriction shall not be removed or changed
without a Commission amendment to this coastal development permit.
25. STAGING AREA FOR CONSTRUCTION
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
permittee shall submit a plan for the review and approval of the Executive
Director which indicates that the construction staging areas) and
construction corridor(s) will avoid impacts to wetlands. ;
1. The plan shall demonstrate that:
(a) Construction equipment, materials or activity shall not occur
outside the staging area and construction corridor identified on the
site plan required by this condition; and
(b) Construction equipment, materials, or activity shall not be placed in
any location which would result in impacts to wetlands.
2. The plan shall include, at a minimum, the following components:
(a) A site plan that depicts:
(1) limits of the staging area(s)
(2) construction corridor(s)
(3) construction site
NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT
Permit Application No. 5 -97- 367 -Al
Page 18 of 19 DRAFT
01/22/2001 2:06 PM
(4) location of construction fencing and temporary job trailers
with respect to existing wetlands
B. The permittee shall undertake development in accordance with the approved
final plans. Any proposed changes to the approved final plans shall be
reported to the Executive Director. No changes to the approved final plans
shall occur without a Commission amendment to this coastal development
permit unless the Executive Director determines that no amendment is
required.
26. PERMIT COMPLIANCE
All development must occur in strict compliance with the proposal as set
forth in the application for permit, subject to any special conditions set forth
herein. Any deviation from the approved plans must be reviewed and
approved by the Executive Director and may require Commission approval.
27. REVISED VESTING TENTATIVE TRACT MAP NO. 15381
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit, for the review and approval of the Executive Director,
two copies of a revised vesting tentative map for Tract No. 15381. The
revised map shall show only five legal lots as generally depicted in Exhibit 1,
page 4; namely, 1) the lot currently owned by the California State Lands.
Commission, 2) the lot currently owned by the City of Seal Beach
Redevelopment Agency, 3) proposed Lot 2 which is proposed to be further
subdivided into seventy residential lots pursuant to proposed. Tentative Tract
• Map 15402, 4) proposed Lot 3 for the proposed dedication of Gum Grove
Park, which shall be in substantial conformance with the configuration
shown on the map submitted with the permit application and maintain the
proposed minimum 25 wide frontage along Seal Beach Boulevard, and 5) a
lot consisting of the remainder of the subject site owned by the applicant.
The applicant shall record the revised map approved by the Executive
Director. No further subdivision of the lot identified in sub - section 5 shall
occur other than to accommodate the transfer of land to a non - profit entity,
subject to the review and approval of the Executive Director, for wetlands
restoration, open space and environmental education purposes and which
shall require an amendment to this coastal development permit unless the
Executive Director determines that no amendment is required.
Note: Special Condition 27 Replaces Special Condition 2 in its entirety.
NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT
Permit Application No. 5 -97- 367 -Al
Page 19 of 19 DRAFT
01/22/2001 2:06 FM
4-6-28. RESERVATION OF POTENTIAL FOR LOWLANDS ACQUISITION OF OIL
PRODUCTION AREA FOR WETLANDS RESTORATION
A. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall execute and record a deed restriction, in a form and content
acceptable to the Executive Director which shall provide that:
(1) At the time oil production ceases and i^for a period of twenty -five years
thereafter, the applicant agrees to sell the lowlandh oil production area of
the property as defined in "Attachment 1" (as revised pursuant to
subsection B. of thi& Special eCondition 16) to any public agency or
non- profit association acceptable to the Executive Director that requests
in writing to purchase the property or, through the normal State of
California land acquisition practices if the State is the prospective buyer;
and,
(2) The sale shall be at fair market value as established by an appraisal paid
for by the buyer and prepared by an appraiser mutually acceptable to the
buyer and applicant, or, if the parties are unable to agree, by an appraiser
designated by third party, or if the buyer and applicant agree through an
arbitration on value; and,
(3) The uses shall be restricted to wetlands restoration, open space and
environmental education purposes, with reversion rights to the State
Coastal Conservancy.
Within 30 days of the cessation of oil production, the applicant shall notify
the Executive Director in writing of the date oil production ceased. The deed
restriction shall remain in effect for twenty -five years from the date all
production ceases and be recorded over the lowland& oil production area of
the property and shall run with the land, binding all successors and assigns,
and shall be recorded free of prior liens and encumbrances that the Executive .
Director determines may affect the enforceability of the restriction. This
deed restriction shall not be removed or changed without a Coastal
Commission - approved amendment to this coastal development permit unless
the Executive Director determines that no amendment is required.
AFTER YOU HAVE SIGNED AND RETURNED THE DUPLICATE COPY YOU WILL BE
RECEIVING THE LEGAL FORMS TO COMPLt I t (WITH INSTRUCTIONS) FROM THE
SAN FRANCISCO OFFICE. WHEN YOU RECEIVE THE DOCUMENTS IF YOU HAVE
ANY QUESTIONS, PLEASE CALL THE LEGAL DEPARTMENT AT (415) 904 -5200.
First Amended and Restawad Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
EXHIBIT C
REVISED SITE PLAN OF PROPERTY
Amended and Restated Development Agreement 35
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First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC, .
Relative to the Development known as the Hellman Ranch
March, 2001
EXHIBIT D
HISTORY OF HEARINGS AND PROCEEDINGS
ON DEVELOPMENT AGREEMENT
Planning Commission Review of Development Agreement
A. Planning Commission Public Hearing regarding Hellman Ranch Development
Agreement
1. Planning Commission conducted a Public Hearing on the Hellman Ranch
Specific Plan, including the Final EIR and the Development Agreement on
September 3, 1997.
2. At the conclusion of the Public Hearing on September 3, 1997, the
Planning Commission adopted Resolution No. 97 -22, A Resolution of the
Planning Commission of the City of Seal Beach Recommending to the
City Council the Adequacy of the Final Environmental Impact Report for
the Hellman Ranch Specific Plan, on a 5 -0 vote.
3. At the conclusion of the Public Hearing on September 3, 1997, the
Planning Commission adopted Resolution No. 97 -29, A Resolution of the
Planning Commission of the City of Seal Beach Recommending to the
City Council Approval of the Hellman Ranch Specific Plan, on a 5 -0 vote.
4. At the conclusion of the Public Hearing on September 3, 1997, the
Planning Commission adopted Resolution No. 97 -34, A Resolution of the
Planning Commission of the City of Seal Beach Recommending Approval
to the City Council of a Development Agreement Between the City of Seal
Beach and Hellman Properties LLC, Regarding the Hellman Ranch
Specific Plan, on a 5 -0 vote.
City Council Review of Development Agreement
A. City Council Public Hearing regarding Hellman Ranch Development Agreement
1. City Council conducted a Public Hearing on the Hellman Ranch Specific
Plan, including the Final EIR and the Development Agreement on
September 22, 1997.
Amended and Restated Development Agreement 36
First Amended and Restated Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
2. At the conclusion of the Public Hearing on September 22 1997, the City
Council adopted Resolution No. 4562, A Resolution of the City Council of
the City of Seal Beach Certifying the Final Environmental Impact Report
for the Hellman Ranch Specific Plan; Adopting the Mitigation Monitoring
Program; Adopting the Findings and Facts in Support of Findings as
Required by the California Environmental Quality Act; and Adopting a
Statement of Overriding Considerations, on a 5 -0 vote.
3. After the conclusion of the Public Hearing on September 22, 1997, on
October 20, 1997, the City Council introduced Ordinance No. 1420, An
Ordinance of the City Council of the City of Seal Beach Adopting the
Hellman Ranch Specific Plan (Hellman Ranch Specific Plan Amendment
97 -1), on a 5 -0 vote. Second reading and Adoption of Ordinance No.
1420 occurred on October 27, 1997.
4. After the conclusion of the Public Hearing on September 22 1997, on
October 20, 1997, the City Council introduced Ordinance No. 1422, An
Ordinance of the City Council of the City of Seal Beach Adopting a
Development Agreement Between the City of Seal Beach and Hellman
Properties LLC, Regarding the Hellman Ranch Specific Plan, on a 5 -0
vote. Second reading and Adoption of Ordinance No. 1422 occurred on
October 27, 1997.
* * * *
•
Amended and Restated Development Agreement 37
• First Amended and Restauvd Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
EXHIBIT E
DEVELOPMENT AGREEMENT ORDINANCE
Amended and Restated Development Agreement 38
ORDINANCE NUMBER /,4:Z
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH ADOPTING A
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SEAL BEACH AND HELLMAN
PROPERTIES LLC, REGARDING THE
"HELLMAN RANCH SPECIFIC PLAN"
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
ORDAIN:
Section 1. The City and Hellman Properties LLC desire to enter into a
development agreement pursuant to Government Code Sections 65864 through 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 Specific
Plan" area, and more particularly described in the proposed development agreement,
attached hereto as Exhibit A.
Section 2_ The City Council held a properly noticed public hearing regarding
the proposed development agreement on September 22, 1997.
Section 3. The City Council hereby finds that the proposed development
agreement is consistent with the General Plan of the City of Seal Beach and the Hellman
Ranch Specific Plan.
Section 4. The City Council hereby approves and incorporates by reference
herein Resolution 97 -34 of the Planning Commission of the City of Seal Beach, dated
September 3, 1997, attached hereto as Exhibit "B".
Section 5. Based upon the foregoing, the City Council hereby approves the
proposed development agreement, incorporated by reference herein and attached hereto as
Exhibit "A" and authorizes the Mayor to execute said development agreement on behalf of
the City.
Section 6. The time within which to challenge the subject development
agreement is governed by Government Code Section 65009.
•
C:\My Documents \ORDUiellman Development Agreement.ORD.doc \LW\10 -13 -97
Development Agreement Between City and Hellman Properties LLC
City Council Ordinance No.
October 20, 1997
PASSED, APPROVED AND ADOPTED by the City Cov_ncil of the City of Seal
n the f
Beach at a held on the f Y — C day of
,1997. /
.45-e/--trfir .
Mayor 1 oTem
Atte
.,1_ i , � ∎
City/ er.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Joanne M. Yea, City Clerk of the City of Seal Beach, California, do reby certify that
oin ordinance is an original copy of Ordinance Number /� ?
the fo re 2. on file in
foregoing
the office of the City Clerk, introo d at�a m tang held on the
460 day of (( (O 1997, and passed,
approved and ado by the City Council o ity f Seal Beach at a meeting held on .
the day of , , 1997 by the following
vote:
A I , ...•
AYES: Councilmemb 4 1 _' l_ . -- Aria! - t
NOES: Councilmembers •
ABSENT: Councilmember ,
ABSTAIN: YY-2:1-7.-t-P_____
and do hereby further certify that Ordinance Number /44/ has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836. Ao
a,,,,,,r 2( Cityerk
H Development Agr cment.ORD.doc 2
First Amended and ReszQLdd Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
EXHIBIT F
HISTORY OF HEARINGS AND PROCEEDINGS ON FIRST AMENDED AND
RESTATED DEVELOPMENT AGREEMENT
City Council Review of First Amended and Restated Development Agreement
A. City Council Public Hearing regarding Hellman Ranch First Amended and
Restated Development Agreement
1. City Council conducted a Public Hearing on the Hellman Ranch First
Amended and Restated Development Agreement on February 26, 2001.
2. At the conclusion of the Public Hearing on February 26, 2001, the City
Council introduced Ordinance No. 1471, An Ordinance of the City of Seal
Beach Adopting the First Amended and Restated Development
Agreement Between the City of Seal Beach and Hellman Properties LLC,
Regarding the Hellman Ranch Specific Plan, on a 5 -0 vote.
3. Staff indicated the provisions of the "Vested Components" section had not
been reviewed by the City Engineer and that additional revisions may be
necessary.
B. Staff and the project proponent have met and agreed upon the additional
revisions determined appropriate, and the City Attorney determined that is
necessary to re- introduce the implementing ordinance.
C. In accordance with the determination of the City Attorney, it is appropriate for the
City Council to hold first reading for re- introduction of Ordinance 1471.
D. City Council held first reading and re- introduced Ordinance No. 1471 on March
26, 2001.
* * * *
Amended and Restated Development Agreement 39
First Amended and RestbLd Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
EXHIBIT G
FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT ORDINANCE
Amended and Restated Development Agreement 40
ORDINANCE NUMBER 1471
•
AN ORDINANCE OF THE CITY OF SEAL
BEACH ADOPTING THE FIRST AMENDED
AND RESTATED DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SEAL
BEACH AND HELLMAN PROPERTIES LLC,
REGARDING' THE "HELLMAN RANCH
SPECIFIC PLAN"
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
ORDAIN:
Section 1. The City and Hellman Properties LLC entered into a development
agreement pursuant to Government Code Sections 65864 through 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 Specific Plan" area on October27,
1997.
Section 2. Development of the original Hellman Ranch project approved by
the City in 1997 could not proceed without a Coastal Development Permit ( "CDP ")
issued by the California Coastal Commission ( "CCC "). After approval of the project by
the CCC, litigation was filed challenging the Commission approval of CDP 5 -97 -367
(cases consolidated as "League for Coastal Protection et al. v. California Coastal
Commission ") and a settlement agreement was eventually incorporated into the presiding •
Court's order for issuance of a Writ of Mandate.
Section 3. The CCC responded to the Writ by approving., on October 11,
2000, issuance of an amended CDP with conditions, CDP 5 -97- 367 -Al, providing
conditions of development of a project revised in accordance with the criteria established
in the Settlement Agreement.
•
Section 4. The major project changes encompassed in CDP 5 -97- 367 -Al are
summarized as:
❑ Elimination of the previously approved golf course and the establishment of
a 100 -acre deed - restricted area for future wetland restoration, open space and
environmental education purposes;
❑ Elimination of all impacts to jurisdictional state and federal wetlands; and
❑ Elimination of development of visitor - serving commercial uses on the State
Lands Property.
•
C: \My Documents \ORD \Hellman Atnended Development Agreement.doc \LW\03 -22 -01
City of Seal Beach Ordinance No. 1471
Adoption of First Amended and Restated Development Agreement
City of Seal Beach and Hellman Properties LLC
March 26, 2001
Section 5. A request has been received from Hellman Properties to amend the
Development Agreement (First Amended and Restated Development Agreement)
regarding the Hellman Ranch pursuant to Development Agreement Section 6.1.2,
Modification' of Development Agreement to Obtain Permits, etc. Said request is to
conform the Development Agreement provisions with the terms of the Settlement
Agreement and Coastal Development Permit 5 -97- 367 -Al.
Section 6. The City Council held a properly noticed public hearing regarding
the proposed development agreement amendments on February 26, 2001.
Section 7. The City Council previously certified a Final Environmental
Impact Report (FEIR) for the project in 1997. The previously certified FEIR was upheld
against legal challenge and has been fully considered by the city during its consideration
of this First Amended and Restated Development Agreement. There has been no new
information, as that term is defined by CEQA, brought forward by any party to these
proceedings to indicate that the previously certified FEIR should be supplemented. In
fact, substantial evidence in the record of these proceedings demonstrates that the impacts
of this project have been fully analyzed and in fact are less severe than previously
disclosed. For those reasons, the previously certified FEIR remains complete and legally
adequate, and this approval is fully within its scope. The City Council's previous
findings and statement of overriding considerations are hereby incorporated herein by
this reference.
Section 8. The City Council hereby finds that the proposed development
agreement amendment is consistent with the General Plan of the City of Seal Beach and the
Hellman Ranch Specific Plan.
Section 9. Based upon the foregoing, the City Council hereby approves the
proposed development agreement amendment, titled "First Amended and Restated
Development Agreement between the City of Seal Beach and Hellman Properties LLC,
Regarding the "Hellman Ranch Specific Plan" incorporated by reference herein and
attached hereto as Exhibit "A" and authorizes the Mayor to execute said development
agreement on behalf of the City.
Section 10. The time within which to challenge the • subject development
agreement is governed by Government Code Section 65009.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the day of
, 2001.
Hellman Amended Development Agreement 2
City of Seat ..each Ordinance No. 1471
Adoption of First Amended and Restated Development Agreement
City of Seal Beach and Hellman Properties LLC
March 26, 2001
Mayor
Attest:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that
the foregoing ordinance is an original copy of Ordinance Number on file in
the office of the City Clerk, introduced at a meeting held on the
day of , 2001, and passed,
approved and adopted by the City Council of the City of Seal Beach at a meeting held on
the day of , 2001 by the following
vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
and do hereby further certify that Ordinance Number has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
Hellman Amended Development Agreement 3
EXHIBIT H
VESTED COMPONENTS FOR
HELLMAN RANCH DEVELOPMENT AGREEMENT
A. General Plan. General Plan of City of Seal Beach dated as of October 1, 1997,
as amended by Resolutions 4563, 4564, 4565, 4566, 4567, 4568, each dated October
20, 1997. Subject Property is designated for uses described in Specific Plan, referred to
in Section B. below.
B. Specific Plan. Specific Plan for Hellman Ranch approved as amended by
Ordinance 1420 of City Council adopted on October 27,1997, as administratively
revised by the City on May 5, 2000, to allow for minor adjustments in planning area
acreage, pursuant to Section 8.4.1 of the Specific Plan.
C. Zoning. Zoning Ordinance of the City of Seal Beach, as amended by Ordinance
1420, adopted on October 27, 1997. Subject Property is zoned for uses described in the
Specific Plan referred to in Section B. above.
D. Subdivision Map Approval Conditions. The conditions of approval imposed in
connection with approval of Vesting Tentative Subdivision Maps described as Tract No.
15402, approved by Resolution 4571 and Tract No. 15381, approved by Resolution
4570 of the City Council of the City of Seal Beach, dated October 20, 1997.
E. Additional Approval Conditions. The following additional approval conditions
and requirements shall apply to development of the Subject Property. In certain cases,
the requirements specified below may be redundant with conditions that apply to the
Subject Property pursuant to the Specific Plan referred to in Section B. above and the
Tentative Subdivision Map approval conditions referred to Section D. above. In the case
of conflict or inconsistency, the provisions below shall control.
1. Off -Site Improvements Required To Be Constructed and Installed In
Conjunction With Development of Parcel 2 For Residential Purposes.
(a) Improvement Obligation. The Developer shall construct the off -
site improvements specified in subparagraph I(a)(1) through I(a)(5) below (the "off-Site
Improvements ") on the terms, conditions, and schedule specified therein. The
Developer may satisfy the conditions relating to the Off -Site Improvements by entering
into a Bonded Subdivision Improvement Agreement which (1) complies with
Government Code § 66499, and (ii) is approved by the City.
(1) New sewer pump station in Lopez Drive (at location
shown on the Revised Site Plan). The sewer pump station shall have a capacity to be
determined by Developer and the City Engineer. Improvement shall be completed and
C:\My Documents \HELLMAN\Amended and Restated Vested Components.doc \UM03 -22 -01
First Amended and Restp..;d Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
operational at or prior to time of issuance of first building permit for a residence on lots
created on Parcel 2. Developer shall pay its fair share portion of the cost of such
improvement, and City shall pay or cause others to pay the balance.
(2) Signal modification at intersection of Forrestal Drive and
Seal Beach Boulevard. Improvement shall be completed and operational at or prior to
time of issuance of first certificate of occupancy for a residence on Tots created on
Parcel 2. Developer shall pay the cost of the improvement. All signal modification
improvements (in accordance with accepted traffic engineering principles) necessary to
provide proper entrance and exit controls to serve the proposed development shall be in
compliance with plans approved by the City Engineer, after consultation with Developer,
including, but not limited to: signal poles; foundations; mast arms; conduit and wiring;
detector loops; signal controller interconnections; and striping.
(3) Improvements to Lopez Drive right -of -way. Developer
shall pay the cost of the improvement on Parcel 5 but shall have no liability for the cost
of any improvement between Parcel 5 and Seal Beach Boulevard along the boundary of
the Boeing Property. The improvement shall be completed, or a performance bond,
letter of credit or other security acceptable to the City Attorney, in an amount to be
determined by the City Engineer shall be accepted by the City on or before issuance of
a certificate of occupancy for the final residence constructed on the lots created on
Parcel 2.
(4) Improvements to Seal Beach Boulevard. The
improvements to Seal Beach Boulevard shall include (i) frontage landscaping, (ii)
undergrounding of all overhead utilities, including SCE's 12 Kv powerlines, and (iii)
construction of community wall, sidewalk and monumentation wall. The cost of these
Improvements is estimated at approximately Five Hundred Thousand Dollars
($500,000). Developer shall pay the full cost of the Improvements, the foregoing
statement of estimated costs not being a limitation. The Improvements shall be
completed and operational at or prior to time of issuance of first certificate of occupancy
for a residence on lots created on Parcel 2. Covenants, conditions and restrictions shall
impose upon the homeowner's association created among the owners of residences on
Parcel 2 the obligation to maintain those portions of the foregoing improvements that
are not dedicated to and accepted by a public entity.
(5) Improvements to Seal Beach Boulevard Median.
Developer shall contribute twenty -five percent (25 %), but not to exceed One Hundred
Thousand Dollars ($100,000) of the cost of a landscaped median in Seal Beach
Boulevard from Lopez Drive to Bolsa Avenue, which includes the cost of a sidewalk
along Seal Beach Boulevard from the southern boundary of the Property to Bolsa
Avenue. The estimated cost of such work is $400,000. City shall use diligent efforts to
obtain grant funding to complete the improvements to which Developer's contribution is
to be applied. In the event the City obtains grant funding that may be used for the
median work contemplated by this paragraph (5), Developer contribution will be
Amended and Restated Vested Components 2
First Amended and Restc....,d Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
decreased (e.g., if City receives $100,000 in grant funds for the median, instead of
paying 25% of $400,000 ($100,000), Developer shall pay 25 % of $300,000 ($75,000).
(b) Transportation Impact Fees. In addition to paying for the
improvements described in subparagraphs I(a)(2) through (5), inclusive, at Developer's
cost, and notwithstanding any other provision of this Agreement, Developer shall pay to
City all applicable City Transportation Impact Fees required by Chapter 22B of the Code
of the City of Seal Beach, at the then - applicable rate, to assist in mitigating
transportation impacts of the Project.
(c) Affordable Housing. In compliance with Government Code
Section 65590(d), Developer shall provide seven (7) housing units that are affordable to
persons and families of very low, low, or moderate income on -site. City has determined
that providing such housing units on -site is not capable of being accomplished in a
successful manner within a reasonable period of time, taking into account economic,
environmental, social and technical factors. Therefore, Developer has been required to
pay an in -lieu affordable housing fee of fifty -three thousand seven hundred and fifty
dollars ($53,750), which has been paid by Developer and deposited by City into a
special fund to be used exclusively to increase, improve and preserve the community's
supply of low and moderate income housing available at affordable housing cost.
Payment in full of such fee fully satisfies and discharges Developer's obligation to
provide housing units pursuant to Government Code Section 65590(d).
3. Gum Grove Nature Park.
(a) Dedication. Gum Grove Nature Park ( "Nature Park "), as shown on
the Revised Site Plan, shall be dedicated to City not later than the date when City
issues a residential building permit for construction on any lot on Parcel 2, subject to
and in accordance with all of the requirements of the CDP Conditions.
(b) Condition of Title: Condition Subsequent. Title to the Nature
Park shall be conveyed by grant deed in fee simple absolute, subject to a condition
subsequent allowing Developer to recover title if all or any portion of the Nature Park is
utilized at any time for purposes other than as a substantially unimproved public park,
based upon the existing grove of trees and related vegetation. Uses that shall trigger
the condition subsequent shall include, but without limitation, (i) removal of trees from
the Nature Park to create open area other than as required for normal maintenance and
tree husbandry (including removal and replacement of diseased and dead trees), (ii)
creation of play areas or active recreation area (ball fields, tennis courts, etc.) within the
Nature Park or any uses other than passive recreation, (iii) any residential uses, or (iv)
any commercial uses.
(c) Physical Condition. The Nature Park shall be transferred to City
ownership in its current condition. Having leased the Nature Park since 1971, City is
fully familiar with its condition and agrees to accept the same "as is ".
Amended and Restated Vested Components 3
First Amended and Rest....d Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
(d) Operation. The Nature Park shall be open to the public during
hours established by City, but not earlier than dawn or later than sundown of any given
day. The Nature Park shall be closed during the nighttime hours. City shall assume
responsibility for locking and unlocking the Park entry gate at Avalon Drive.
(e) Credit Against Open Space Dedication Requirements.
Dedication and conveyance of the Nature Park shall entitle Developer to full credit for all
park dedication requirements under applicable City laws, ordinances, rules and
regulations including, but without limitation, fees levied in lieu of park dedication
requirements.
- (f) Payment By Developer. From and after dedication of the Nature
Park, Developer shall pay a total of Forty Thousand Dollars ($40,000) to City or the
Gum Grove Nature Park Group, as determined by City, to be used for maintenance,
enhancement and other park related events. Payments shall be made in four
installments, Ten Thousand Dollars ($10,000) on the date of the dedication and Ten
Thousand Dollars ($10,000) each on the first, second and third anniversary dates of the
dedication.
(g) Reinterment. Gum Grove Nature Park may be used as a
reinterment site if determined appropriate by the most likely descendant of the
deceased and if human remains are discovered during development activity on the
balance of the Property. Developer shall be responsible for the cost and legal
compliance of any such reinterment. City shall cooperate with Developer and the "most
likely descendant" to the end that the handling of human remains encountered on the
Property is conducted expeditiously and in a manner that meets the needs of the
concerned parties.
(h) CDP Conditions. Gum Grove Nature Park is also subject to
additional requirements concerning access, dedication and other requirements imposed
pursuant to the CDP Conditions. All applicable improvements imposed pursuant to
Coastal Development Permit Amendment 5 -97- 367 -A1, Special Condition 17, "Gum
Grove Park ", and Special Condition 18, "Public Access Program ", shall be completed
and accepted by the City in accordance with the provisions of the Coastal Development
Permit Amendment.
4. Reservation For Wetlands Acquisition. A portion of the Subject
Property as shown on the Revised Site Plan shall be restricted by appropriate deed
restriction for potential acquisition in accordance with the requirements of the Final CDP
Conditions.
5. Development Plan For Lands Owned By The Redevelopment Agency
of the City of Seal Beach. The Parcel owned by Redevelopment Agency of City at the
foot of Lopez Drive (Parcel 5), as shown on the Revised Site Plan, shall be utilized for
Amended and Restated Vested Components 4
First Amended and Rest.... Development Agreement
Between the City of Seal Beach and Hellman Properties LLC,
Relative to the Development known as the Hellman Ranch
March, 2001
access (as the Revised Site Plan and the Specific Plan provide) and for other
compatible uses as determined by the City Engineer in consultation with Developer.
Developer shall have the right to approve any landscaping or improvements, prior to
their installation, located on Parcel 5. The Lopez Drive roadway connection to be
constructed on Parcel 5 shall be designed and constructed to City's specifications by
Developer prior to the issuance by City of the first certificate of occupancy on Parcel 2.
If feasible (as determined jointly by the City Engineer and the civil engineer employed
by Developer), the sewer pump station provided for in Paragraph 1(a) above shall be
located on Parcel 5.
6. Construction: CDP Conditions Control. Notwithstanding anything to
the contrary contained in these Vested Components, the CDP Conditions shall define
the limits of the right to improve and develop the Subject Property and the conditions
thereon. If any conflict arises between the provisions hereof and the .CDP Conditions,
the CDP Conditions shall control.
7. Water Quality Improvements: Long -Term Maintenance
Responsibilities. All applicable improvements imposed pursuant to Coastal
Development Permit Amendment 5 -97- 367 -A1, Special Condition 7, "Water Quality ",
Special Condition 20, "Final Plans ", and Special Condition 23, "Water Quality ", shall be
completed and accepted by the City in accordance with the provisions of the Coastal
Development Permit Amendment. In addition, all applicable mitigation measures
approved by the City Council in Resolution No. 4562 shall be met. It shall be the
responsibility of the Association established pursuant to approved CC &R's to maintain
all required water quality structures, except those structures and facilities accepted by
the City, in a manner in compliance with the above - referenced conditions of the City and
California Coastal Commission.
Amended and Restated Vested Components 5
•
RSrded at the Re
of Chicago Title iunwailY •
RECORDING REQUESTED BY AND Recorded in Official Records, Orange County
WHEN RECORDED MAIL TO: Tom Daly, Clerk-Recorder
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE
City of Seal Beach - 2005000459264 08.41am 06/15/05
Attention: City Clerk 7 103 15 002 13
211 8th Street, Second Floor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Seal Beach, CA 90740-6379
•
GRANT DEED
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX$..None-Grantee is a public agency
Exempt from recording fees per Govt.Code section 6103
O
The Undersigned Grantor
Signature of Declarant or Agent determining tax-Firm Name
HELLMAN PROPERTIES, LLC, a California Limited Liability Company, successor by
7 merger to Hellman Properties, a California Limited Partnership (hereinafter referred to as
"Grantor")hereby grants to the CITY OF SEAL BEACH, a municipal corporation (hereinafter
V� referred to as "City") that certain real property in the County of Orange, State of California,
commonly known as Gum Grove Park, and more particularly described on Exhibits A and A-1,
attached hereto and made a part hereof(hereinafter referred to as the "Park").r�
This grant is made and accepted on the condition that the Park be preserved in perpetuity
as a passive recreational nature park that is open to the public and is subject to the following
additional terms and conditions:
A. Active recreational activities, residential development and commercial facilities
shall be prohibited.
B. Necessary parking facilities which are the minimum required to serve the Park
and which meet Americans with Disabilities Act requirements shall be provided. The existing
twenty (20) striped parking spaces at the west end of the Park shall be maintained.
C. All trails within the Park shall be constructed to be accessible to persons with
disabilities consistent with the Americans with Disabilities Act requirements. No trails shall be
lighted in order to minimize impacts on wetlands.
D. Small scale interpretive signage which describes the Monarch Butterfly may be
permitted if approved by the Executive Director of the California Coastal Commission.
1
• •
E. The Park shall be open from dawn to dusk(one hour after sunset) on a daily basis.
Changes in hours of operation of the Park shall require an amendment to Coastal Development
Permit No. 5-97-367-Al unless the Executive Director of the California Coastal Commission
determines that an amendment is not required.
F. Signage shall be conspicuously posted which states that the Park is open to the
general public.
G. Park regulations shall provide that domesticated animals (including, but not
limited to, dogs) shall be leashed and under the control of the party responsible for the animal at
all times within the Park.
H. . Removal of trees to create open space other than as required for normal
maintenance and tree husbandry(such as removal and replacement of diseased and dead trees)
shall be prohibited.
I. Creation of active recreation facilities, such as tennis courts, ball fields, etc. shall
be prohibited.
J. That portion of the Park, comprised of an approximately 25 foot wide strip of land
which borders Seal Beach Boulevard and extends west from Seal Beach Boulevard to connect
with the primarily used part of the Park and Gum Grove Park, generally described on Exhibit B,
attached hereto and made a part hereof, shall he subject to the following requirements:
1. The frontage along Seal Beach Boulevard shall not be gated, fenced, or
obstructed in any manner that prevents public access from Seal Beach Boulevard;
2. The area shall be reserved for a public trail and parking lot, which are
visible, and directly accessible to the public from Seal Beach Boulevard, and which lead from
Seal Beach Boulevard to the primary part of Gum Grove Park to the west. The public parking
lot area shall be large enough for a minimum of ten (10) parking spaces. Where it is not feasible
to reserve enough public parking area on this portion of the Park, public parking directly
accessible from Seal Beach Boulevard shall be provided for on proposed Lot 2 of Tentative
Tract Map No. 15381 adjacent to the Park Extension, in accordance with the provisions of
Special Condition 18.B of Coastal Development Permit No. 5-97-367-Al.
•
2
• S
K. Construction and maintenance of a spur trail connecting Gum Grove Park to a
cultural resource and/or educational center to the northeast of Gum Grove Park pursuant to
conditions imposed by the Commission as part of Coastal Development Permit 5-97-367-Al or
other Commission permit shall be allowed.
DATED: Ssz .�e4( e SO 2efe HELLMAN PROPERTIES LLC, a
California Limited Liability Company,
Successor By Merger To Hellman
Properties, a California Limited Partnership
By �i! fo
e . ,. Its fianar}er_
STATE OF CALIFORNIA ) 0
COUNTY OFD en_c o c
On before me, I WuncS\a\brs a Notary Public
for the tate of California, personally appeared\c de:l r d personally
known to me{or proved to me on the basis of satisfactory evidence) to be the person4 whose
name(Vis/are subscribed to the within instrument and acknowledged to me that he/MHeAhey
executed the same in his/lici/tl.i,it-authorized capacity(ie5`), and that by his/htr/their signature(sq
on the instrument the person(, or the entity upon behalf of which the person( acted, executed
the instrument.
WITNESS my hand and official seal.
DAAUM LEANDRA STALLONS
/ •���—??'• `Commission 11 1348126
�G�C:'X' Notary Public-California
./ �l ./711-1,7 = ve-,4 San Franci*cc County
•�.!.- rir!ii Expires Mar 24,2o08
DATED: CifrK JOLI HELLMAN PROPERTIES LLC, a
California Limited Liability Company,
Successor By Merger To Hellman
Properties, a California Limited Partnership
By /a4 1777,/�
/An, f�'��l�/�i G�,-7�>7 Its .4-7c .-r A le/`
3
•
•
STATE OF CALIFORNIA )
•
COUNTY OF San freitt4C0
OnWere2CVI before me, N1,'fN (sa a Notary Public
for the State of California, personally appeared personally
known to me(or proved to me on the basis of satisfactory evidence) to be the personV whose
namet j5 is/are'subscribed to the within instrument and acknowledged to me that Ile/she/t w-y.
executed the same in usher/their-authorized capacity(ii and that by iris/her/theifsignature45')
on the instrument the person(4 or the entity upon behalf of which the person(acted, executed
the instrument.
WITNESS my hand and official seal.
_. DAllNLUUMDE:-.STALLOWS
;., -^� Cam i -on# ;346126
L / 4 2 ` Fqr', rluts y Puhlic- California z
1:7) San Frnnusco County
.I 'I rNC.trn 6r:vaWr24,2006J
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant Deed herein
from Hellman Properties, LLC, a California Limited Liability Company, to the City of Seal
Beach, a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf
of the City of Seal Beach pursuant to the authority conferred by resolution of the City Council
for the City of Seal Beach, adopted on June 13, 2005 ', and Grantee consents to the
recordation thereof by its duly authorized officer.
DATED: 1 J 3- fy 5 CITY OF SEAL BEACH
Its "hi dGf
4
•
• •
GOVERNMENT CODE 27361 .7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE
NOTARY SEAL ON THE DOCUMENT TO WHICH THIS
STATEMENT IS ATTACHED READS AS FOLLOWS:
NAME OF NOTARY: DAUN LEANDRA STALLONS
DATE COMMISSION EXPIRES: MARCH 24, 2006
COUNTY WHERE BOND IS FILED: SAN FRANCISCO
COMMISSION NO.: 1348126
MANUFACTURER/VENDOR NO.: NNA1
PLACE OF EXECUTION: IRVINE, CA
DATE: 6/14/05
SIGNATURE: ) (!
C ICA •
EXHIBIT "A"
LEGAL DESCRIPTION
(GUM GROVE PARK)
That certain parcel of land in the City of Seal Beach, County of Orange, State of California, being a
portion of Sections 11 and 12, Township 5 South, Range 12 West, in the Rancho Los Alamitos, as'per
map filed in Decree of Partition in the Superior Court of Los Angeles County, California, Case No. 13527,
a certified copy of which was recorded February 2, 1891 in book 14, page 31 of Deeds, records of said
Orange County, described as a whole as follows:
Beginning at the westerly terminus of that certain course in the northerly line of Tract No. 1817 as shown
on map filed in book 82, pages 26 to 31 inclusive of Miscellaneous Maps, records of said Orange County
as having a bearing and distance of "North 89°47'55" West 729.00 feet" (for the purpose of this
description, said course has a bearing of North 88°45'31"West); thence North 04°00'14" East, a distance
of 102.93 feet; thence North 45°30'16" East, a distance of 93.51 feet; thence North 72°30'42" East, a
distance of 111.28 feet; thence South 89°01'35" East, a distance of 183.63 feet; thence South 80°0215"
East, a distance of 522.04 feet; thence South 88°31'39" East, a distance of 551.48 feet; thence North
66'46'37" East, a distance of 260.47 feet; thence North 89°59'54" East, a distance of 177.57 feet; thence
North 55°17'18" East, a distance of 97.72 feet; thence North 19°26'15" East, a distance of 108.20 feet;
thence South 63°15'47" East, a distance of 399.75 feet; thence South 67°33'14" East, a distance of
220.03 feet to a point, said point being distant North 38°18'28" West 188.40 feet from the easterly
terminus of that certain course in the northerly line of Tract No. 2590 as shown on map filed in book 82,
pages 32 to 38 inclusive of Miscellaneous Maps, records of said Orange County as having a bearing and
distance of "North 89°47'55" West 1911.02 feet" (for the purpose of this description said course has a
bearing of North 88°45'31" West); thence North 19°18'05" East, a distance of 5.00 feet to a point in the
southwesterly boundary of Tract No. 15402 as shown on map filed in book 832, pages 38 to 44 inclusive
of Miscellaneous Maps, records of said Orange County, said point being the northwesterly terminus of
that•certain curve concave to the southwest and having a radius of 1140.00 feet, a radial line of said
curve from said point bears South 19°18'05" West; thence along the boundary of said Tract No. 15402 as
follows: southeasterly along said curve through a central angle of 12°36'46" an arc distance of 250.95
feet; South 58°05'09" East, a distance of 79.36 feet; South 62°10'00" East, a distance of 106.85 feet to
the beginning of a tangent curve concave to the north and having a radius of 190.00 feet; easterly along
said curve through a central angle of 71°20'00" an arc distance of 236.55 feet; North 46°30'00" East, a
distance of 41.76 feet; North 29°01'20" East, a distance of 52.73 feet; North 19°00'00" East, a distance of
77.00 feet; North 40°00'00"West, a distance of 94.50 feet; North 48°37'00"West, a distance of 29.00 feet
to a point, said point being the beginning of a non-tangent curve concave to the northwest and having a
radius of 528.00 feet, a radial line of said curve from said point bears North 48°37'00"West; northeasterly
along said curve through a central angle of 5°35'12" an arc distance of 51.48 feet to a point, said point
being the beginning of a reverse curve concave to the south and having a radius of 15.00 feet, a radial
line of said curve from said point bears South 54°12'12" East; easterly along said curve through a central
angle of 84°52'03" an arc distance of 22.22 feet; South 59°20'09" East, a distance of 9.00 feet to the
beginning of a tangent curve concave to the southwest and having a radius of 10.00 feet; southeasterly
along said curve through a central angle of 36°52'11" an arc distance of 6.43 feet to a point, said point
being the beginning of a reverse curve concave to the northeast and having a radius of 50.00 feet, a
radial line of said curve from said point bears North 67°32'02' East; southeasterly along said curve
through a central angle of 73°44'23" an arc distance of 64.35 feet to a point, said point being the
beginning of a reverse curve concave to the southwest and having a radius of 10.00 feet, a radial line of
said curve from said point bears South 6°12'21" East; southeasterly along said curve through a central
angle of 36°52'12" an arc distance of 6.44 feet; South 59°20'09" East, a distance of 91.81 feet to the
beginning of a tangent curve concave to the west and having a radius of 25.00 feet; southerly along said
curve through a central angle of 90'00'00" an arc distance of 39.27 feet to the northwesterly line of Seal
Beach Boulevard, 120.00 feet wide, as shown on said Tract No. 15402; and along said northwesterly line,
South 31°40'20" West, a distance of 627.12 feet to the most easterly corner of said Tract No. 2590;
thence along the northeasterly and northerly lines of said Tract No. 2590 to and along the northerly line of
Sheet 1 of 2 EXHIBIT A
said Tract No. 1817, North 43°50'54" West, a distance of 548.53 feet; and North 88°45'31" West, a
distance of 2640.14 feet to the POINT OF BEGINNING.
Except therefrom all minerals, gas, oil, petroleum, naphtha and other hydrocarbon substances in and
under the above-described property, together with all necessary and convenient rights to explore for,
develop, produce extract and take the same, including the exclusive right to directionally drill into and
through said land from other lands and into the subsurface of other land, subject to the express limitation
that any and all operations for the exploration, development, production, extraction and taking of any said
substances, shall be carried on at levels below the depth of 500 feet from the surface of the above-
described property, by the means of mines, wells, derricks and / or other equipment form surface
locations on adjoining or neighboring land lying outside of the above-described property and subject
further to the express limitation that the foregoing reservation shall be in no way interpreted to include any
right of entry in and upon the surface of the above-described land.
Containing 650,916 square feet or 14.943 acres, more or less.
As shown on Exhibit A—'attached hereto and made a part hereof.
Prepare• . •-r the supervision • •
/ �/!✓ VN� `AND
Gary W. Do ' h,-P.L.S. 4693 Dat- 40 ° Q
License expires 9-30-03 - A
E.
4893
cx^. c-30-03
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EXHIBIT B
GENERAL LOCATION OF SEAL BEACH PARKING
ytwe•. - . 1''rcx���_ , / q•• :,,.,_... • ., .. ye. 4
itsp.,,s7:1._. .70. 4.t. 4. ... . .. _ .. 7-',..., . •..i:. 1-/,121./7 /iv.. 7.,.4i..>-i ‘., . ...-.. • / •.c ..;.41.:
ikt; .. -4., ,,,%
- o, - et' i' • - ‘,. ,. .,,&.%, . &. CT-/.. .2{.,/,'57..., 7,,,,.. , s-,/,./77,1446%,//,..,:,/,,s• .-, ././.7/73 jiyi//./.,.,,5•,,.,:y:.: : :.
NS\ / w // / -
I- lika,„ N 4 ., ..,,,i5) .,.,,, ,,,,-; ,,, , ,/,.:, , / " , //it )„....,,,.,. . •
. 7444,__ ,.........0.• - •.„,•, , ,„:„ • ,„_„,„-2.4-f, ei:/ //,• / "./, . - • . ., -
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:. :,if:‘,. ' .41/#11i , -77, . „ 6.?‘ 11:11/k-, ,, ' ://i/4:i.. ://:/// 1.71/j":,./71:,11.,....7 - • '
,� ' 4 4Lqr v / .j 1/:•;/-7,<:/4;:"‘?/ PUBLIC ACCESS EASEMENT wfix
TO CITY OF SEAL-BEACH
itir 4!/ ` /, ,r FOR PARK ACCESS
1 .
io ���� L. / / ' ;'�:�`i %�/jr// ' ' EXISTING SIGNALIZED
/ t / 'It/ /, INTERSECTION
/ � ! /, )' it
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f i/ // / % _ GENERAL LOCATION OF
''•\ . / ' ' /, i//./ t PROPOSED SEAL BEACH BOULEVARD PARKING
\..,., / \ -C,,_./.47/ /`'/ FOR GUM GROVE PARK
77 ; l' J
;
i '1 TRAIL TO GUM GROVE PARK, / / J%
// //' `ROPi / / .
•
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ERIHIBIT 8