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HomeMy WebLinkAboutKoledo Lane Property Owners' Association and Individual Koledo Lane Property Owners - 1983-09-19CONFORMED � COPY NOt , Cornpared with Qr(giml 87707750 „ RRCURDINO REQUESTED BY: ) CIS: OF NfJNTYNGTON 'OEACH LECO! RECORDS HOUSING AND REpI;"JELOPMENT ) OFCA! IFORNII. DEPARTMENT , b -.9 87 AND WHEN;RECORDED' MAIL TO:nauNTYKOLEPO LANE MOPERTY Ok'NERS� coAr ASSOCIATYON ) ` C,/o MR. JACK APODACA � EX E Nf }! T 16541 TIBER LAND: C 8 HUNTINGTON BEACH, CA 92647 (Space Al:ave-Provided For Recorder) ASSIGNMENT OF EASEMENT FOR A VRLUABL'E CONSIDERATION,'receipt of which is hereby achnow,ledged, the Redevelopment +Ayancy of.the.Ci;ty of,,Nunt.ington Beach,..a redevelopment agency; y does .hereby GRaNT(S)', ASSIGN(,S) AND TRANSFER(S) to MUM .LANE TROPERrY `t OWNERS_',, ASSOCIATION, a California non-profit mutual, benefit corporation, till of 'the;,Grai r,tor's right,, -title and interest in, -and. to that "certain easnment� for the An' stalliiLion, construction, maintenance and repair of landscaping and !i J�. � p p nd parking improvements,• over, order c.ommon.area, recreational anci•o ens ace a ' a d upon the real, property' in the City• of `Huntington Beach, State ;of CaiiiforniA-, County►� ut Orange, !lore ,particularly described in Exhihit "All utl;ar.hed' hereto and incct-putated, herein by reference (thM "Property"). Said easement was granted to the Grantor -herein bylGrants of Easement recorded as Document Nos., 84-485821, 84-328623 through 84-329633, ,,inclusive, in ,the OFficia3l, Records of'�;the Orange County Reco.rde'r, an August 8, 1984 and November.9, 1984. Gha�nteoetonbe used .,for common aces recrea•a is hereby'' conveyed and assigned to:� • in the Iroperty granted herein `'onal aril open spare and parkf�'ilg. c '` purposes in a'ccordanee with the., jeelaration of Conditions, Cover.3nts and Restrictions ' and Grant'of Easemeats, for Koledo Lane :.roperty Owners' Association recorded with respect to, the Property. (%i Granter,., shall have the right to reenter and take possession of the:'easement in the Property conveyed hereby or suclV,portion thereofas set forth herei'below, o: �:.eimInatr;and revert i;r Grantor or its .sucressors or assigns, the estate conveyed, he in, the•. et-tetyt `of' a transfer, sale, conveyance,;,-asgignmc«,'_; r ar , ,'e..cwa�branre,. r:►rtgage, hypothecation, sa'.e' and leaseback; ';,len`se or any :involLirot y transfer of the Sit:: ar .ibortion 'ctterea£, in viQ' atioit of-. said Dispositi-)n and Developme.nt Agreement:' ; r' i Such right.tc reenter and repossess shall, bra subject, to and=be limited by and shall,nof:,,dereat,. render;in%t lid, or limit: ;a)' Any mor'tgage,. deed :•,trust or other '`security :instrument or sale and lease -back. or other tonveyanczjar financing permitted by said Disposition and Devel'opai.ent h4reenent; =die dacumont i eole�►p ire the m o a f olfioi 1•:bueino'the, City,, Of Hunt.inston Beeohy as 'cor,teat. .1 ' plated under Goverment C'. ' .�. �ATTFAGY. KT NO. 39 Soo. 6103 Ad should ode + 1 D� racortlgd •`:' `fro' of ehargo. .-` t 1 r (h) Any rights or interests provided in this Agreement for the prutection of the holder of such mortgages,, deeds of trust or other security instrument or the lessor under such a sale and lease-bmck or the �t grantee under such other conveyance for financing. Grantor's right to reenter and take the easement in the Property conveyed , hereby or any portion "thereof as the case r-ay be is subject to the terms and condil.,ions of that certain Disposition and Development Agreement by and among the Grantor, the City of Huntington Beach, the individual members 'comprising the Association. and Grantee herein dates September 33 , '1983, including, without limitation, section BE of said Agreement with respect to enforced delay. This conveyance is further subject to those certain covenants which are attached hereto and incorporated herein by reference. Dated: RED AG TX ITY OF iiUT T Zd�:,J H/� r► , •' .IL�Jrr✓ y: • s Clerk ' STATE OF''CALTF'OPY?A ) -%1 E 'COUNTY 0: ORANGE ) on this day of _ ii�` the year Inbefore me personally t appeared—T known to -me to be the irk ofthe Redevelopment Agency of the City of ~' untington Beach,' and knovn to me to be,the person(s) who executed the within'.;., instrument on behalf of said public corporation, and acknowledged to me that •such ublic corporation executed the same'. Witnas:z my hand and -official seal. r Ift a OFFICIAL., SEAM. (SEAL. ) cowcowit A BROCKWAY NOTM!'l PUKA ; CA PORNIA OWL w OCT 1Q, 19�1 i r 09-12783 • - 442/ F Z273,.00 � 1 , 1 •1 1,. C O V E N A N T S WHEREAS, Granter and Grantee have entered into a certain Disposition anit lDovelopment Agreement cist••ed September 13, 1983 .1 pursuant to whiJh Grantor has agreed to ''.onvey an easement in the real property.hettirein subject to certain covenants; and WHEREAS, the onforcemenit-of said covenants :Yi 111 rl . S ensure proFiex, implementation of the 'Redevelopment Plan for;.', he Oakview Redive'lo ment Project Area and wi 11 'therefor: a benefit Grantor, the City of Huntington ^Beach, and the property owners 1c,Gated within the Project, Are&: NOW, THEREFORE, Grantee agrees and covenants 'as follows: 1. Grantee agrees for itself, and its successors and . gns, and every successor ,in interest to 'the real property herein, -at antis'' part thereof that the )'rantee, and such suc cessors and assigns shall: -` (a)-Dstvot^e . t:he real ,'Vropiirty' herein to parking and ` open space, recreational uses serving -the adjacent multiwfami1 rental units. -(b) Not di•wceiminate against: or segregate any. person t. r.• ' account C. ou ,• of � persons on etc � f race, color, origin, sex" ' marital status, national origin, religion or 'anceitry in the sale," pease, sublease, transfer, u$e, • occupanc?; tenure, 1 or er`ijtoymrntr of the pram esa Herein convoyed `nor shall t ha Grantee -itself or,, any person claiming under or thrcuqh the 1 4 -b6--------------- • • 1 1 . I, • 5� I is /: grantee, establish or permit any such practicepractices of discrini.nation or segregation with reference to the " 1 selection, location, number, use or occupancy of tenants, lessee, subtonants, sublessees, or veridees in the premises her -in conveyed. All deeds, leases, or contracts for the sale, lease, sublease or'other transfer of the Property ishall contain"such non-discrimination provisions. The foregoing covenant "shall '*run with the land. 2. Agreements nts anlA covenants contained herein shall be c.:)venan•ts running with the land acid shall, in any event, and without regard to,tccA'Ai riesl clnas fication or designar'.' tion, legal or' otherwise, except only as otherwise specifi- ;•;... cally. provided in the Dispositip-i and Development Agreiemant,, 'be binding, 'to 'the fullest extent permitted by law in equity with the benefit. and 3n favor of, and enforceable by,, Gr entor, 'its' successors ,and assigns, the ,. y t to . City of Huntington ,each and any successor in interest , the ',•eal property, 'or any part thereof, and, any awrper of any other land (or of,any interest in such land) in the ; ' Project Area against the Grantee, its euccessora and taissi•gns and every auccesssor in interest to the real proper- ty, or any part- thereof ' or any interest therein, and . any r;Varty in possession or occupancy of 'the'� real property or any, part thereof. :' 4 09 49-83 r� . j r-yMI Exhibit "A" Agency Assl4nment of Easement . DEVELOPMENT SITE MAP f ` . 1'. , . a Alter• ALUr 4 ,$ —i•Zb' IL'L Ol' 04 ►, jC b fa ltV , p J 3, 36 Ii 9 3' ass o� , 13s to 39 W 42 s.� N AtcEY w w Ql i £r 70 7s W ♦4 45lu i 0 45 N i0 _ 4 rWW .r► ,n i lrt'ttt� Superior Court or 7tta , STATE OF CALI>: Oi .NIA In and to; the County of Orange , CITY OF HUNTINGUIN BEACH CITY CLERK State of CalIfo,nia i County Oro ��• " APRIL L"' ELLIOTT That I am and at all times herein mentioned was a eltleen of the United Statta, over the age of twanty-one'yeari► and that I am not iparty to, isor Interested in the abaye entitled matter; that I am the principal clerk of the printer of~ the „ f OLWINGTUN BEACH 'kD. ' REVIEW - it newspaper of general circulation, phbliabed ir' 'the City of HUNTINGTON BEACH countyW Orange and which-,Iewspaper,=,e pLbliuhed for the diseiniriation of local rows and !-iiollipence of a goneral chorac- ter, and which newspaper rat all timea heroin mentic-ped had and still hau a bona fid�,aubacriptian list of pitying eubaorIbers, Bind which nerwipaper`nas been estsbllshed, printed and pub. lished at.repier intervals in the raid County of;Orange for a period •exceiding ona year, that th'e notice, of which 1-he annexed, t, a printed rnpy, has heen puhliahed in the regular and entire issue of sa!d newspaper, and not in any supplement thereof, on the following dates, to wit: SEPT,. 8r 15�1' 1983 PROt E OE,i A':10 , REDEVELOPMENT AGENCY PUBLIC HEARING ' W Authorised to Publish Advertiaemerlts of all kinox itscludin� public notices by Decree of the Superior Court of Orlinge ounty, Callfornia, Number A•6214, dated 29 September. 1961. and A-24831. dsled 11 June, 1%3. STATE OF CALIFORNIA , County of orange PuDW NOMA AOW.W4 LO.r.o F)f t"I „"46911 u Do N r paM .Atli to pica n:ak~ w1* I am a Citizen of the United States and a resident of the Cuuriiy aloresaid; I am over the age of eighteen years, and not a party to or Interested In the below entitled matter. I Am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the MEWS-PpSSS,' a newspaper of general clrculratl n, printed oral published in the City of Costa MHSSI, County of Orange VState of California, and that a. Notice of Kpiedo Lane Demons tratzo 'p:;oj ent of which copy ttttac:hed hnrelo is a true and complete copy,. was printed and published In the Costa Mena, . Newperi Search, Huntington `peach, Fountain Valley, Irvine. the South. Coast eommuliltles land Laguna Beach Issues of said newspaper for 1 t nr e cs611uosliit+i:e to wit , the Issue(s) of , .198 I d6clare, under penalty of per)wy, that she foregoing is true and C07rect. � l n p . 1 Q 5 xecutad0 198 __ �i l r at Cosh Mesa, California., .+�.-.. ..�+iJ' it � � •� woo: sir:.-� Signature 0 PLOLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE TO PUBLIC F REbUEST FOR RELE SE OF "4005 BILL" FUNDS AND NOTIZE OF FINDING OF NO WONIFICANT EFFECT ON THE ENVIRONMENT HAS BEEN PUSTEn WIYH THE CITY CLERKb AND CENThAL LIBRARY. City of Nuntinglon Beach 2000 Main Street Huntington Beach, CA RMII I. To all Interested agenclop, groups and persons: On or t'bout March 22, 1985 the City of Huntington Beach will request the U.S. Deperiment of Housing and Urban Development (HUD) to release federal "Jobe Bill" funds under Title I of the Housing and Community Development Act of ! 1974 (PL-93.383) for the following project:' j KOLEDO LANE Dd MONSTRA,ION PROJECT The City of Huntington Beach will undertake the Koledo Lane Demon-stration project which is Mounded by Slatar Avenue to the south, Queens Lane to the east, Barton Drive to the north. and Jaccuelyn Lane to the west.'rhe project Is located within the OcikvNrs Redevelopment f rojw i Area predominately occupied by those of low and moderate Income level. Jobs' Bill funds allocated to this project will be used top the ottalle ' improvements of parking- compounds, allays, landscaping, demolition. and Lircding. i 11. It has bean determined that such request for release of funds will nut constftute an action significantly affecting the quality of the human environment; and, -accordingly the above -named Clty of Huntington Beach has decided not to prepare an Environraentat Impact siatamant under the Notional Environmental Policy Act of 1969 (PL-91.190). The reason far such de *,talon not to prepare such statement is as fr:bws: tfue to the she. location, It has been determinild that slgnlfica.it natural t resources would not be Impacted by this. project. The projec! .4 not i located in on eye& of historical significance or where hiMoricat resources would be found. The sublact site is not a wetland, flood plain, or scenic river. There will be no Impact an endranagereJ species as sole cuource aquifers. TItN project site falls within the ES CNEL and Is not wllh;n`2000 loot of an upmI "hazard area." knviromentai Review Records respectinp the subject projects. nover.been made by the above-anmed City of ; H► rilinglon Beach, which documents file environmental review of'.vw �! projects nnd.make fully sets forth the reasc+ne why such statement Is not required The Environmental Review Record Is aS file at the above adpreds and Is avoltable for public examination and copying upon requiist at the fourth floor between the lioirs of 8:00a.m. and 5.00 p.m. Ne furiner environmental review ct such projects is proposed to be rnndumed prior b the request for reisase, of Federal Funds. All Interested agencles, groups, or individuals disagreeing witn the proposed action are invited to submit written comments for consider- ation. Such comments will be received at 2000 Main Street, on or before March 22, 1985. All writter, comments reeeiveo will be considered and the ` City of Hur,ptington Reach will not request the release of Federal Funds or i take any action an the described project prior to HUC'tt writter. j authorization to use those funds. • OBJECTIONS TO HUD The City of Huntington Beach will undertake ihe'proiects.describer: above with "Jobs Bill" Block Grant funds from the HUD under Title I of the HCOA-197.4. ThI City of Huntington Beach Is cat lfying to HUD that the City of Huntington Beach and Charles W. Thomoson, In hit official capacity as`Clty Administrator, consent to accept the: jurisdiction of the Federal coups 11 an action is brought to endorse responsibilities in (elation to environmental review, decision making and action and that le.ese responsibilities have been satlsfied,'1he legal effect of the cerlllmition is that upon Hs approval Block Grant (Job Bill) funds may be used, and HUD ' wit; heve'satisfied its responsibilities under the National Environmental Pe!icy Act 'of 1969. HUD wall accept an objection to Its approval of the ; release of funds and acceptance a the oerrlfratlon onIV It it Is on,L the following basis: (a) Trial the cW11•cation was'not In last the Certifying 0tfioar or other offiow of applicant approvua by HUD. or (b) ; that the spphcant's envlranmr+ntal review record for the pro;act indicated omission of a required decision finding or slop applice.ble to the pro)ezts In the environrnentall review process. ObjeOlons mm,be prepared mind submitted In accordance with the required procedures under 240FFt Part 58.75 of:the Interim iiepulattons found in the Federal Register dated April 12,,1982. These regulations are avallable In the office of thn'City, of Huntington 66ch. Tney may be sadressed to Environmental Clearance Officer. U.C, Departritent of Noising End Urban Dsvelopment, 2500 W-lir,hire Boulevard, Lcs Atigeles, Ca{ifornia:90057., Objections to HUD on the ralease of lunci i,' n ■ y basis ogler than those stated In the previous paragraph will wot be considered by HUD. No obje;lloni received s'fer March 22. 1985 will be coniidet.ld by HUD. Chet'fwr. W;.7t:unpeon. 2111OP MW tillreet, Huntington Beach, Cats- farnfa Publitthed Oronge'CCoa3t Drily Pilot Meh 8, 1085 F-iBti PROOF OF RUSUCAMN .Al 04 �.� IL 87:-005 67 6 Recording requestei';by and when recorded retuPi; to: '' C:T:' OF HUNTINGTON BEACH j limSIk; do REDEVELOPMENT DEPT. j 2000 Main Street � 1Hntington Beach, CallfornIa 92648 RECORDED IN OFFICIAL RECORDS OF ORANGI< COUNTY, CALIFORNIA 10 PM JAN - 6 '87 olalw, f0:7. the rouanr �YiiS d�camen+, �•�5, � t±�o Ci♦.Y �.r'T"`r(,� `'' ro�eA urf�iai1 �ur�iness o aontom—' of Hunt in t61" j3oach, a� rx iont Code plot©d tirloar 0o rar o recordeQ ----•— sea. 61.03 and Should b }EXEMPT cr08 of ehars�d• �i2 UE,CLARATION•OF'CONDITIGNS, CONVENANTS AND RESTRICTIONS FOR 1' KOLEDO LAVE PROPERTY OWNERS' ASSOCIATION i • / 877-005676 TABLE OF CONTENTS Page No, ARTICLE I Definitions 2 ` ARTICLE II Use Restrictions and Property Rights 3 ;.r ARTICLE III Property owners' 'Association and Votinc; - ?1 hts 9 ,ARTICLE � IV Pourers and Duties ''of Association 9 ^ ^,, KRTICLE !' Assessments y ,r. 13 • AR !' LE. VI Effect of Non -Payment of Assessments � Remedies of:the Association 15 ARTICLE VII tecttirzl Control: 17 ARTICLE - III Mor trage Protection 17 �. ARTICLE,,:XX obligation to Maintain, Reliair attd Rebuild :.l !! 21 ARTICLE X Damage, Destruction and Condemnat�lon 22 ARTICLE,XI Covenant Against Partition 6-0.3 ARTICLE,XII' Genera). Provisions =' .24 r, t - 11. 4 . • rwa�fi�^ti , • Z • 87-0056T6 t DECLARI 'ION OF CONDITIONS, COVENANTS AND RESTRICTIONS AND GRANT OF EASEMENTS � R E C I T A L 1. Gene Campbell', Jerry Goldfelri, Bill Munces', Bill Dory, ,Oratio Cerrito, Jack Apodaca; Lyman• Burgmeiei , John Whelan,: Ayyad Ghobrial; Lester. Stewart,; John'Chiu, Ky-ngow\"•Nguyen, Sainq. Soo Kim and., Julie Chan, ,'May 'T. Chhan and' Lyman Chan (hereinafter referred to collectively as "Declarants") are -,the owners, respectively, of certain real piroFerty located in the City`of Huntington Beach,, County of Orange, State of 1, California, more particularly described as,, See legal description attached hereto as Exhibit A,and incorporated herein by reference. Said real property,is located in.the Oakview Redevelopment 1 �" Pr j era' l�� ea (the "Project Area'') described' in the ., .�.y Redevelopment Plan'approved and adopted by Ordinance No. 2582 adopted by ,the City Council of the City of Huntington Beach ( the "City") . 2. A portion of said real property, more particularly deacribeci 3.n Exhibit.,:B attached hereto and incorporated 'herein by reference, was formerly a public street commonly known as Koledo,. Lane any:; i s the .subject of an easement for the installation, construction,"maintenance and repair of -? 11andseaping and•cnmmon area, recreational and open space and parking improvements. 3. Each of;p the , p � .. ti e s ref ePrred to do aragraph. l : ; ' ro c.r , hereinabove_ is : currently, improved with a four -,unit apar, �tmant buiWin . and adjacent parking facilities. Each of the Declarants has.heieto'fore executed an Owner Participation Agreement, and•.: T),i,sj7osition , and Development Agreement; with the Agency:_ and the Cite':, generally calling for the rehakiiTi. ation of the existing structures,,on,.the properties, the construction of an additional two Iaedtoom` uni `_ (at the Option of the Deciaranr) and five car garagiL on the.properties by ench',of the Declarants andt the'improvPment of Koledo,rLane with landscaping and parking ;facilities to be used incommon by the Declarants. f, , 4.. .Declarants hereby, establish ;'by this Declaration a -plan or the improvement, de]. veopmen't, rehabilitation and maintenance of the Project, for tire" benefit of all of; the Project; the ' improvements thereon, the Declarants and the Project Area. r DECLARATION: Declarants, .she fee , owners of the real property, the described in I�ecitol Paragraph 1, above, hereby make 1 I {1 , r 'err CAO 87--�05676 following declaration as to divisions, easements, rights, j liens, charges, covenants, conditions, limitations, � restrictions and uses to which such property and the improvements thereon (the "Project") may be put. Each and all � of the restrictions, limitations, conditions, covenants, liens, reservations and charges herea.n contained shall run with the land and shall -be binding on beclarants as well as their successors and assigns and all subsequent owners o€ all or any part of the Project, together with their grantees, successors, heirs,' executors, administrators, devisees or assigns: AR 1CLE I DEFINITIONS Section 1. "Project" shall mean all of the real property herein described ,in Paragraphs 1 and 2 of the.. Recitals, including all structures and other improvements � thereon. l Section 2. "Lot" shall'., mean and refer to any of Lots 31 'through .10, inclusive, and +5 through 43,- inclusive of the Project, together with all imprnvements-located-thereon. Se6tion3. "Common -Area";;shall mean, and refer, to that certain -f itmer public street commonly known as ,Koledo Lane, more particularly described in paragraph 2 of the R ecl tals herein. Section 4,:. "Owner" 'shall mean the Declarants heirounder, or any subsequent record owner, cL• owners if more thane ore, or. the buyer.,under.:a conditional sales contract or the' lessee under a ground lease of; a ,Lot in the Project. Secti.on,'S., '1A6sociati'on'1shall .mean the. KOLEDO LANC PROPERTY OWNERS' ASSOCIATION, 3 California nonprofit mutual benefit, partnarship its successors and assigns, ixi .. Wjh�i ch all Owners shall have a. membership interest as ma- e: parttcularly describP.d,'-,i.n Article III hereof, provided that'.., membership shall be limited to' Owners. ` Section; S. "Land" ; is the'material of the' earth, `whatever may,be the; ingredient] of `which it is. -;reimposed, .wheili'ar.: soil, ro�.k" or o Sher substance, -and' inc'lodes free or, ''occupied spacer for a4n,,/�ndefinite distance upwards:,.?�s. well as ��.� `rlownwadB, subject to.lrlimitations upon the use of a•rapace imposed and righ s i 1 the use of airspice granted by law.. Section J. "Declairant-" shrill mean_ and refer : those reco-A owners of the Lots refe%-red, to in paragraph ' X, of the , Rec: teir.- herr.in. ` r ',1, ,• f + - I is a 11 35W/2273/00 .02- 1... 1. _..__..._ IC. %.l 87--0056T6 -Section P_ "Mortgage" shall mean and inrlueie a Deed of Trust, an Installment nand Contract with. Power of Sale, a salt+/leaseback for financing purposes, as kell as a Mortgage In the conventional sense. Section 9. "Mortgagee" shall mean a person or antity to whom a Mortgage 'is made and shall include the beneficiary of a Deed of.Trust, the vendor under an Installment Land Contract with Power. of Sale and the lessor under a ,scale/leasseb'eck arrangeinent; "Mortgagor" shall mean a person or entity who mortgages his or its property to another, i.e., .,the maker of a Mortgage, and shall include ;the trustor of a Deed of Trust, the vendee under an'Installment Land'Contract ''With'PoWer of Sale'and the lessee under a scale/leaseback ,arrangement. Section 10. "Member" r'shall mean and refer to every person or entity who holds Membership in the Association. f Section. 11. "Parkinq Plan" shall ,.mean and refer .to the designati.,on,,o£ parking areas in tha Prod©ct, attached hereto as -Exhibit C and..incorporateby d herein reference more particularly referred to in Artic;le.. II, Section l (i) hereof. Section 12`. The definitions provided -herein" 's3hi11 be applicable to this Declaration end also to any supplemental necl'aratiou (unless the context shall prohibit), filed pursuant, to the provisions of this Declaration. ARTICLE II USE 'RESTRICTICNS AIM FROPERTY RIGHTS Section 1. Use Restrictions. °)The Lots and Common Area shall be occupied and used as follow Each Lot shall be used. -only for private' apartment dwelling purposes with appurtenant garage, surface parking, laundry a-d, landscape ,facilities and structures, and for no other purposes. (b) -Sub j ect to the provisions of ,these restrictions', use of. the Common',Area, shall be •in accordance with and subject , ' 1 to :limiaaczonsa as determined by the 'Association. ? t ) nothing shallI 'be done' or kept in any .Lot or in an Common Area 'which_ at ce on .' . rif .., the' Common Area'M►ithoutaheacrrovaltof th po a 'Ass ociat on. No . Owner , shall persn'di anything to, be -done or •kept in hiss Lot 'Or 3n thetan' Area .whl-ch will result i.n the car.cellatioii' of ,'Co' insurance- on any _Common Area or whi%ch would be in 'viols tior„ Cif .� .'any l E• v. 09� 13-133 �. .3MP/2273/00 -'3- f' (d) No sign of orgy kind shall be displayed to the. public view on or from any Lot or Common Area without the approval of the Association and appropriate City departments as required by the City Code, except one (1) ''for sale" or "for lease" sign on any Lot. All L-Ugns otherwise permitted under this Section shall conform with hll ordinances and other regulations of the Agency and the City. (e) No animals of any kind shall be raised, bred or kept in any Lot or in the Cornn;,:'n Area, except that: clogs, cate or other household pets may be kept on Lots subject to approval of the -Association, provided that no animal shall be Itept, Lzed or maintained for any corlunercial purpose and no animal shall be permitted outside of buildings orx the Project unless on a le as?i . (f) No Owner shall pernit.or suffer anything to be done or kept upon said premises which will increase the rate of insurance on any building, or on the conteatr thereof, or impair the structural integrity thereof or which will obstruct or interfere with the rights of other occupants, or annoy thenL by unreasonable noises or otherwise, nor, shall any Owner commit or permit any nuisance on the premises or fail to keep the. premises free of rubbish, clippings and trash or commi`c or suffer any illegal act to be committed thereon. Each Ownez shall comply witch all of the requirements of all governmental authorities with respect �o the said oremise3. If by reasonof the occupancy or uses of -said ,premises ty any Owner the rate of insurance on the building shall be increased, such Owner shall become personally liable for the additional insurance premiums. (g) Nothing shall be done on any Lot or in, on or to any building or s4ructt:rA in the Ccmmon Area which would stracturally change any such building or structure, except as otherwlee provided herein. nothing shall be altered or constructed in or removeLl from the Common Area, except upon the wri:tan consent of the majority the Board of Directors of thn Association. No i :ring herein shall effect the .rights of the Owrier of a Lot to repair, alter or construct improvements on the internal buildings on said Lot unless such repair, alteration or improvement would impair or alter the structural integrity and/or exterior appearance of said buildings. (h) There shall be no structural alteration, construction or removal of any building, fence or other structure in the Project (other than repairs or rebuilding pursuant,to Article IX hereof) without the approval of the Architectural Control Committee as set forth in Article VI! hereof and the appropriate (1ity departments as required by City Code. No building, farce or other structure shall be constructed upon any portion of any.Common Area other than building and structure as shall be constructed by the the such Association pursuant to Article IX or Article X. in no event 0!)-13 -83 3586P/2273/00 0-4- I 10 V 87--005676 ,�ihall basketball hoops or clutheslines be permitted on the Pr,J ject_ ! (i) No Owner of a Lot shall permit the parking, storing or keeping of any vehicle except wholly within the parking areas designated therefor in accordance with the Parking Plan for the: Koledo Lane Project attached hereto as Exhibit c: and incorporated herein by reference (..hf-. "Parking Plan"). No Owner shall permit the parking, storing or keeping of any vehicle owned or operated by a tenant: of a unit on a 'Lot within any area designated for "ques` parking only" on the Packing Plan. No Owner shall perm?:: the parking, storing or keeping of any large commercial t�Ye vehicle , (dumb, truck, cement mixer truck, oil or gas truck, etc.), or any recreational vehicle (camper unit, motorhome, trailer, boat trailer, mobile home or other similar vehicie), boats over twenty (20) feet i in length or any vehicle C'%.her the -in a private passenger vehicle upon any portion of the Project, including parking spaces. No 0iiner of a Lot shall permit major repairs or majo-7 rerstorations of any motor vehicle, boat, trailer, aircrAtz or other vehicle to be conducted upon any portion the Project, including parking spaces, except for emergency repairs thereto and then only to the:exrent necessary to enable movement thereof to a proper' repair facility. No inoperable vehicle shall be stored or slept in the Prf:ject. The Association shall have The right to remove, at the-',' expense of the Owner of the Lot rela :sing to such vehicle, any vehicle parked, scored or kept in violation of the provisions of this Declaration. (j) All Owners shall be .•iembers of the Association . and shall comply with the terms and conditions as set forth in the Articles of Incorporation and B71aws and -any rule' or regulaticn of the Association. No Cwner shall transfer any membership or interest in the Association, except upon the transfer of the Lot to which it is appurtenant. (k) The rights of Declarants in these Restrictions may be assigned by Declarants to any successor to all Gr any Fart of Declarants' interest in the Project by ar. express assignment incorporated in a recorded deed transferring such interest to such successor. (1) No Owner shall be permitted to lease his Lot for transient or hotel purposes. Any lease rgreement covering a Lot or an apartment within a Lot shall provide that the terms of the lease shall be subject in a ll 'respects to the provisions of the Declaration,of Restrictions, the Articles of . Incorporation and the Bylaws and that any failure by the lessee to comply with the terms of -such documents shall be a default under the lease. All leases shall be in writing. Other than the foregoing, there are no restrictions on the right of an Owner- Z.-o lease his Lut or the apartment units thereon. 09-13-83 `3588P/2273/00 , 0 87-005676. (m) The Association shall have the right of entry, at reasonable hours and upon no less than 46 hours a:ivanc:e notice, onr.o any Lot to effect repairs or maintenance which the Owner has failed to perform or which are necessary in connection withvrepairs to the Common Area or an adjoining Lot. Entry onto any Lot for other than emergency repairs may be made only after notice and hearing, as provided in Article XII, to determine the necessity and right of such entry and the responsibility for the cost of any repairs or maa tenance. if determined after such notice: and hearing, the cost of any such repairs or maintenance shall became a charge for which such Owner and Lot shall be responsible; provided, however, that if ,such repairs or maintenance provide a special benefit to any other Lot they shall be charged to such Lot to the extent of such special benefit; and provided further, that if such repairs ..r maintenance are for the benefit of the Common Area then, to the extent of such benefit, trey shall be charged to the Association and not to the; Owner of such Lot. (n) Utilities (1) Owners' Rights and Duties: The: rights and duties of the Owners within the Project wi..th respect to sanitary sewer, water, electricity; gas and telephone lines and facilities, and heating and airconditioning facilities shall be as established as ,5f the date of the recordation of this Declaration, as such rights and duties may be amended. (2) Easements for Utilities and Maintenance: Easements over and under the Project (including the Lots) for the installation, repair and maintenance of electric, telephone, water, gas and sanitary sewer lines and facilities, heating and air conditioning facilities, walkways and landscaping and landscape irrigation facilities as shown on the record or title to the Project as of the date of the recordation 'hereof, and as may be• hereafter required or needed to service the Prcject, are hereby reserved by Declarants and their successors and assigns, including the Association, together with the right to grant and transfer the same. (3) Asrociation'r's Duties: The Association ,shall naintain all utility installations located in the Common Area except for those installations maintained by utility companies, public or private and.'all Uti lit7 installments located in Lots as provided in ':,ubsection (1) of this section l(n) . The Association_ shall pfiy all charges for utilities supplied to the Project except -those metered or charged separately to the Lots. (O'l Installation of solar Beating systems on any,Lot or in the Common Area will be permitted, subject to applicable, 09- 13-83 3586P/2273/00 , -6- 0 87-005676. (m) The Association shall have the right of entry, at reasonable hours and upon no less than 46 hours a:ivanc:e notice, onr.o any Lot to effect repairs or maintenance which the Owner has failed to perform or which are necessary in connection withvrepairs to the Common Area or an adjoining Lot. Entry onto any Lot for other than emergency repairs may be made only after notice and hearing, as provided in Article XII, to determine the necessity and right of such entry and the responsibility for the cost of any repairs or maa tenance. if determined after such notice: and hearing, the cost of any such repairs or maintenance shall became a charge for which such Owner and Lot shall be responsible; provided, however, that if ,such repairs or maintenance provide a special benefit to any other Lot they shall be charged to such Lot to the extent of such special benefit; and provided further, that if such repairs ..r maintenance are for the benefit of the Common Area then, to the extent of such benefit, trey shall be charged to the Association and not to the; Owner of such Lot. (n) Utilities (1) Owners' Rights and Duties: The: rights and duties of the Owners within the Project wi..th respect to sanitary sewer, water, electricity; gas and telephone lines and facilities, and heating and airconditioning facilities shall be as established as ,5f the date of the recordation of this Declaration, as such rights and duties may be amended. (2) Easements for Utilities and Maintenance: Easements over and under the Project (including the Lots) for the installation, repair and maintenance of electric, telephone, water, gas and sanitary sewer lines and facilities, heating and air conditioning facilities, walkways and landscaping and landscape irrigation facilities as shown on the record or title to the Project as of the date of the recordation 'hereof, and as may be• hereafter required or needed to service the Prcject, are hereby reserved by Declarants and their successors and assigns, including the Association, together with the right to grant and transfer the same. (3) Asrociation'r's Duties: The Association ,shall naintain all utility installations located in the Common Area except for those installations maintained by utility companies, public or private and.'all Uti lit7 installments located in Lots as provided in ':,ubsection (1) of this section l(n) . The Association_ shall pfiy all charges for utilities supplied to the Project except -those metered or charged separately to the Lots. (O'l Installation of solar Beating systems on any,Lot or in the Common Area will be permitted, subject to applicable, 09- 13-83 3586P/2273/00 , -6- I 8717005676 zoning regulations, the Uniform Building Code and associated ordinances, and reasonable architectural review by the Architectural Control Committee pursuant to Article VII. (p) No more than two (2) personz per bedroom shall be permitted to occupy the' buildings on each lot. (q) •;o alcoholic beverages or controlled substances shall be permi.ttod in the Common Area. (r) No Owner shall install or permit to be installed or. the ext-ri or of said Owner's Lot any antenna or television or radio receiving davice. This prohibition shall not prohibit the installation of cable television. wires or receiving devices whi. uh serve the entire Pro j act . (s) No Owner shall further subdivide his Lot nor offer the Lot for sale as a "time share" project nor convert said Lot to condominium or stock cooperative ownership without the approval of the Beard of Directors of the Association and compliance with applicable City ordinances. _Section 2. Owners' Easements of Use:, Access &hd En of Ent. Every Owner Whall have a right and easement of use, acIc ess and enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The right of the Association through its Board of Directors to reasonably limit '::he number of guests of tenants permitted to occupy the Project or ai}y portion thereof. (b) The right of the Board of Directors of the Association to establish uniform rules and regulations pertaining to the use of the Common Area and the recreational facilities thereof which in all cases shall. be consistent with and in'" furtherance of the Redevelopment Plan for the Project Area. (c) The'right of the Association, in accordance with its Articles, Bylaws and this Declaration, to borrow money with the assent of "two-thirds (2/3) of Members for the purpose of improving and rehabilitating 'the Oommon Area, and, in aid thereof, to mortgage its intereut in said property, provided that the rights of such Mortgagee small be subordinate to the rights of the Owners ':.zreunder. (d) The right of the Association to suspend the Voting rights elf an Owner for any period Otiring which any assessment against his Lot remains unpaid and delincpient; and for a period not to exceed thirty (30) days for any single 87--00"56T6 infraction of the published rules And regulations of the Asr..)ciaticn, provided that any suspension of such voting rights (shall be made only by the Association, after notice and hearing given and had as provided in Article XII. Section 3. Easements for Vehicular Traffic. In addition to the general easements for use of thL- Common Aroa granted herein, there shall be and Declarants hereby ccvenants for themselves and all future Owners within the Project that each Owner shall ha..e a nonexclusive_ easement appurtenant for Vehicular traffic over all private streets, if any, within the Project. Section 4. Delectation of Use. Any Owner may delegate, in accordance with the Bylaws, his ,sight of enjoyment to the Common Area and facilities to those who rmside on the Project. Section S. There is hereby granted to the Assuciaiipn, or their duly authorized, agents and representa- tives, such easements over the Project as are necessary to perform the duties and obligations of the Association as are set forth in this Declaration, or in the Bylaws or the Articles, _Section 6. Each of the easements provided for in this Declaration shall be deemed to be eet:ablished upon the recordation of this Declaration, and shall thenceforth be deemed to be covenants running with the land for the use and beneiit of the Lots and Owners thereof, superior to all other encumbrances applied against or in favor of any portion of the prcperties that are the subject of this Declaration. In furtherance of the easements provided for in this Declaration, tl,.e individual grant deeds to Lots may, but shall not be required to, set forth said easements. Section 7. Notwithstanding anything herein expressed or implied to the contrary, this Declaration shall be subject to�al.l easements heretofore or hereafter granted by Declarants for the installation and maintenance of utilities and drainage facilities that are necessary for the development or rehabilitation of the Project. Section S. Immediately upon the completion of proceedinga leading to the vacation of Koleda Lane by the City, the Declarants agree to execute, acknowledge and deliver to the Agency a landscape and construction -easement deed substantially in tht form attached to the Disposition and Development Agreement referred to in the recitals hereiriabove', in favor of the Agency which shall be filed'in the office of the Orange County Recorder on or before completion of said proceedings. . •1 �i Mob . ' 8T�-0050T6 ARTICLE III PROPERTY OWNERS' ASSOCIATION AND VOTING RIGHTS Section 1. Membersh�,p. Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot that is subject to assessment by the Association shall be a Member of. the Association. The foregoing is not intended to i!,clude persons or entities who hold an interest merely ay security for the performance of an obligation.. Section 2. Vctipa Rids. The Association shall have one (1) class of voting membership consisting of all Owners who 3iall he entitled -to one (1) vote for each Lot owned. When more than one parson holds an interest in any Lot, all such persona shall be Members. the vote for such Lot shall ce exercised ap they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot. Section 3. Transfer. The Association membership held by any Owner of a Lot shall not he transferred, pledged or alienated in any way, except upon the sale or encumbrance of such Lot, and then only to the purchaser of the Lot or to a Mortgagee or,purchaser of such Lot upon foreclosure. Any attempt to make a prohibited transfer is void and will,rrt be reflected upon the books and records of the Association., ARTICLE 1V POWERS AND DUTIES JA ASSOCIATION S'aetiyn 1. The Association is hereby designated as the management body of the project. The Members of the. Association shall be the Owners in ti,.,e Project. The initial Board of birectors'of the Association shall be as set forth in ,the -Articles of Incorporation forming the Association. Thereafter the Directors shall be elected as provided in the Bylaws. Section.2. The Association shall have -the right and power to do Ell things necessary fcr the management and operation of the Project. The Association, through its Board, shall further have power to enter into contracts on behalf of the Association for goods and services. Section 3. The Association, through its Board, and for the benefit of the Lots and the Owners in the Project, shall acquire and pay for out of the assessments hereinafter provided for, the .following: 67--005676 ( a ) Water, sewer, electrical and gas and other necessary utilit; services for the: Common Area and (if not separately metered or charged) for the Lots. jb) A policy or polities of blanket hazard insurance, including fire :insurance with extended coverage endorsement, for the full insurance replacement valve'of the Common Area, without deduction for depreciation or coinsurance, insuring the Association, the Owners and their. Mortgagees, as their interests may appear. (c) A policy or polJcias insur:ng the Association, the Hoard, the OfficErs and the Declarants and agents and employees of each of the foregoing against any liability ihcident -to their duties on behalf of the Association and, if Pbtainabl.e, a dross liability endorsement insuring each insured against liability to each other insured. (d) A comprehensive policy of public liability insurance covering all of the Common Area. Such insurance policy shall c:ontain'a "severabixity of interest" clause or endorsement which shall preclude the insurer from denying the claim of an Owner because of the negligent acts of the Association or any other Owner. The scope of coverage must include all other coverage in the kinds and amounts commonly required by private institutional mortgage investors for prujec:ts similar in construction. location and use. Liability coverage shall be for at least $1,000,000 per occurence fov. personal injury axed/or property damage. (e) Workers' Compensation Insurance to the extent necessary to comply with any applicable laws. (f) A fidelity bond or insurance against dishonest acts on the part of directors,, managers, trustees, employees or volunteers responsible for ha,:idling funds collected and held for the benefit of the Owners. Such bond or insurance must _name the Association as the named insured and shall be written in an amount sufficient to provide protection which is in no event less than one and one-half times the Association's estimated annual operating expenses and reserves. (g) Such other policies of insurance as the Association tttay deem appropriate. The Board shall periodically review all policies of insurance to assure adequate coverage. The Assocci.ation shall be deemed trustee of the interests of all - Owners in any insurance proceeds paid to it under any such policies, and shall have full power to receive and to receipt for their inte.-este . in such proceeds and to deal therewith. (h) The services of a person or firm (the "Manager") to manage the Project to the extent deemed advisable by the Association, as well as such other personnel as the Association may determine to be necessary or proper for the operation of the Project whether such personnel are employed directly by the Association or are furniF.1ed by the Manager. (i) The Association shall maintain and repair the Common Area, including any improvements, landscaping and parking facilities thereon. The Association is also authorized to perform any and all. repairs and maintenance activities or. any Lots that are the primary responsibility of the Owner of said Lot as set forth in this De^laration and to levy a special assessment in the form of a Y nn against said Lot. The Association shall also maintain and repair any originally constructed fence, sewer, water and draineg^, facilities along the perimeter of the Project. Except as provided in this subsection, the Association shall have no primary responsibility for the maintainance or repair of any Structure on a Lot. (j) If the Association has incarred any liability or paid any costs or expenses for it single Lot or Owner, the cast thereof shall be specially assei;sed to the Owner of such Lot; provided, noweve� that nothing herein shall perm,' the Association to assess the Owners for any new .zmprovemen.:s or additions to the Common Area except pursuant to Article IV Section 9, or Article V or Article X hereof. (k) The. Association shall pay any and all property, takes and sprcial assessments, if any, levied against the Association's interest in the Common Area. Section 4. The Association may delegate any of its duties, powers or functions, other than the power to levy fines, hold hearings or impose discipline, to any'person, corporation or firm to act as Manager. Neither the Association nor tha'meiabers of its Board shall be liable for any omission or imp.% -Der exercise by the Manager of any such duty, power or function so delegated.. Section S. The Board of Directors of the Association shall cause financial statements for the Association"to be regularly prepared and copies distributed to each Member of the Association as follows: (a) A pro forma operating statement (budget) for each fiscal year shall be distributed not less than 60 days before' the beginning of the fiscal year. (b) A"balance sheet —as of an accounting date which is the last day of the month the closest in time, to six months 09-43-83. `. 3586P/'7273/00 -11- Ism 8"7--0056"176 from the date of the conveyance of the Common Area i;o the Association by the Agency as d`scribed in the Rec.ta15 herei.iabove- and an operating statement for the period from the first closing to the raid accountLig date, shall be distributed within 60 days after the accounting date. This operating statement shall include a schedule of assessments received and receivable identified by the number of each loot and the name of the person or entity assessed. (c) An annual repo'-. consisting of thy following shall be distributed within 120 days after the close of the fiscal year: (1) A balance sheet as of the end of the fiscal year. (2) An operating (in=,te) statement: for the fiscal year. (3) A statement of changes in financial position for the fiscal year. (4) Any information required to be reported under Section 632? of the California Corporations Code. (d) The fiscal year of the Association shall begin or, the first day of January and end on the 31st day of December of avert' year, except that the first Fiscal year -shall begin' on the date of, incorporation. The annual repott re orred to in this Article shall, be prepared by an independent accountant for any fiscal yearin which the gross income of the Association exceeds $20,000. If the annual report referred to in this Article is not prepared by an independent accountant, it shall be accompanied by the Certificate of the Treasurer of the Association that the statements were prepared wltho%,it: audit from the books and records of the Association. Section 6. The Association is authorized and eirpowere.d and is hereby given a special power of attorney by the Owners to grant such licenses, easements and rights--of-way for sewer lines, water lines, underground conduits, storm drains and other public utility purposes as may be necessary and appropriate for the orderly maintenance, preservation and enjoyment of the Common Area or for the preservation of the health, safety, convenience and welfare of the Owners, over those portions of the Common Area upon -which no build:',ng or other structure has been erected.;, Such licenses, easements and rights -of -way may be granted at any time prior to twenty --one �'21') yearn after the death of the i)eclarants and their issue who are in being as of the date hzi-eaf, and the right to grant such licenses, easements and rights -of -way is ;lereby expressly. reserved. 8"7--0056"176 from the date of the conveyance of the Common Area i;o the Association by the Agency as d`scribed in the Rec.ta15 herei.iabove- and an operating statement for the period from the first closing to the raid accountLig date, shall be distributed within 60 days after the accounting date. This operating statement shall include a schedule of assessments received and receivable identified by the number of each loot and the name of the person or entity assessed. (c) An annual repo'-. consisting of thy following shall be distributed within 120 days after the close of the fiscal year: (1) A balance sheet as of the end of the fiscal year. (2) An operating (in=,te) statement: for the fiscal year. (3) A statement of changes in financial position for the fiscal year. (4) Any information required to be reported under Section 632? of the California Corporations Code. (d) The fiscal year of the Association shall begin or, the first day of January and end on the 31st day of December of avert' year, except that the first Fiscal year -shall begin' on the date of, incorporation. The annual repott re orred to in this Article shall, be prepared by an independent accountant for any fiscal yearin which the gross income of the Association exceeds $20,000. If the annual report referred to in this Article is not prepared by an independent accountant, it shall be accompanied by the Certificate of the Treasurer of the Association that the statements were prepared wltho%,it: audit from the books and records of the Association. Section 6. The Association is authorized and eirpowere.d and is hereby given a special power of attorney by the Owners to grant such licenses, easements and rights--of-way for sewer lines, water lines, underground conduits, storm drains and other public utility purposes as may be necessary and appropriate for the orderly maintenance, preservation and enjoyment of the Common Area or for the preservation of the health, safety, convenience and welfare of the Owners, over those portions of the Common Area upon -which no build:',ng or other structure has been erected.;, Such licenses, easements and rights -of -way may be granted at any time prior to twenty --one �'21') yearn after the death of the i)eclarants and their issue who are in being as of the date hzi-eaf, and the right to grant such licenses, easements and rights -of -way is ;lereby expressly. reserved. 877-005676 Section 7. Other than as provided in Article X relating to restorationi of damaged improvements, the Association may conr,tiact new improvements or additions to the Common area or demolish existing improvements, provided that in the case of any improvement, addition or demolition involving a total expenditu):e in excess of $2, 000. 00, the written consent or vote of a majority or the Owners in the Project as to the maximum total cost therefor shall first be obtained, and provided that no Lot shall be altered or damaged by &ny such demolition or constriction without the consent of the Owner thereof. The Association shall levy a special assessment on all OwnerE in the Project for the cost of such work. ARTICLE;'• V ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of .Assessment. The Declarants, and each Owner by acceptance or his deed, for each Lot owned within the Project, hereby covenant and agree to pay to the'Associa'tion: (1 ) regular annual assessments or charges, (2) special assessments for capital improvements and other purposes, and (3) cther Assessments against particular Lots, all as may be fixed, established and collected from time to time as herein provided. Such ae2essmerts, together with interest and costs for the collection 't;-Rreof (not including attorneys' fees unless awarded by court) , shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is- io,�de. Each sucih assessment, together with interest and costa: alsc he the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The lien for any unpaid assessments shall not be discharged by the sale of nny Lot. Section 2. Purpose of Annual Assessments. The annual assessments levied by the Association shall be used exclusively to promote the health, safety and welfare of the residents of the Project and for the improvements and maintenance of the Conunnn Area. Said annual assessments shall include, and tee Association shall acq+iire and pay for out of the funds derived from said annual assessments, the following: (a) The cost of furnishing water, gas, electricity, garbage and trash collection s.nd other utilities to the ex.ent furnished by the Association. (b) Maintenance and"repair of storm drains, sanitary sewers, private streets, private parks, open spaces and utilities .lying within the Cummon:A}ea. '0,�:3-F33 351 86P/2273/00 -13- ,• _ � •• , 1 p idyl ► ns1 • BHO5676 k (c) Insurance coverage as provided in Article IV, N Section 3 of this Declaration. 'I (d) Painting, maintenance, repair anr' ::"'placement of all buildings, equipment grid landscaping in the .erojec%` as described in Article IV, Section 3(i) as the Board of Directors of thn Association shall determine is aec:essary and proper. (e) Any other material, supplies, furniture, labor, services, maintenance, repairs, structural alterations, insurance, taxes or assessments which the Association is required to secure or pay for pursuant to the terms of these restrictions or by law or which in the opinion of the Association's Board of Directors shall be necessary or proper for the operation of the Common Area or for the benefit of the Lot Owner:, or for the enforcement of these restrictions. Section 3. Annual Assessments - Basis. Except as otherwise provided in this Section 3, the Owner of each Lot shall share in the common expenses of the Common Area and facilities on an equal basis according to the number of Lots held in fee title ownership by said Owner. The Board of Directors of the Association shall have the authority to.. surcharge Owners of Lots covered with five (5) separate dwelling units in an amourit': related to the increase in maintenance and operating costs of the Association due to .the addition of the fifth dwelling unit. Until January 1 of tl.e year immediately following the date of this Declaration, the maximum monthly assessment under this Article shall be that amount shown on the initial Association budget on file with the. Secretary of the Association. (a) From and after January 1 of' the year immediately following the date of this Declaration, the maximum annual assessment may be increased effective January 1 of each year not more than ten percent (10Y) above the maximum regular assessment fur the previous year without a vote of the membership. (b) From and after Jantiiary 1 of the year immediately following the date of this Declaration, the maximum regular annual assessment for each hot may be increased above ten percent (1001) by the vote or written assent of a majority of the voting. power of the Association residing in Members. Section 4. Special Assessments for Capital Improvements. In any fiscal year the Ioard of Directors may not, without the vote or written assent of a majority of the voting power of the Association residing in Members other than the Declarant, levy special assessments,to defray the costs'of any action or undertaking on behalf of the Association which in the aggregate,exceeds five percent (5%) of the budgeted gross rMok r expenses of the Association for that fiscal year. In Any fiscal year the Board of Directors may, without vote or assent of the Members of the Association, levy special assessments for any actions or undertakings which in the aggregate do riot exceed five per cHnt (5°0) of tiie budgeted grass expenses for fiscal year. Sect:Lon 5..- Uniform Rate of Assessment. Except as otherwise provided in th=sr Declaration, both annual and special assessments provided for in this Article ;hall be levied against each Owner according to the ratio of the: number of Lots owned by the Owner assessed to the total number of Lr subject to assessment. All assessments small be collected on a monthly or quarterly basis at the discretion of the Board of Directors. Section 6. Date of Commencement of Assessments and Fixing Thereof. (a) The assessments provided for herein shall commence as to all Lots in the Project on the first day of the month following the date of completion of the improvements on the Conunoln :Area as dete ^mined in the sole discretion of the City Director of Public Works. (b) The first annual assessment shall be adjusted according to the number of months remaining in the Association's fiscal year as set forth in the Bylaws. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to e,�o'ery Owner subject thereto. The: due datEa shall be established by the Board of Directors. The Association shall, upon demand, and for the charge of fifteen dollars (�15), furnish a certificate signed by. an officer or agent of the Associat{on, setting forth whether the assessments on a specified Lot have been paid. Section 7.Exempt Property. All property owned by - or dedicated toaiid accepted by any public agency shall be exempt from the assessments herein. ARTICLE VI EFFECT OF NON-FAYMENT OF ASSESSMENTS REMEDIES OF THE ASSOCIATION Section 1. Effect of. Non -Payment of Assessments: Remedies of the Association.� y assessment not paid within thirty (30) .days:, after the due date shall bear interest from the due date at,;the rate of fourteen percent (14%) per annum or such.greater amount as permitted by law. The Association may bring an action at law against any Owner personally" obligated r 87---00"5676 to pay the same, or in equity for foreclosure of the 1i.en against his Lot. The Association can also foreclose the lien described hereinbelow by the nonjudicial provisions providers for by the laws of the State of California. No Owner may waive or otherwise escape liability for the assessments provided for herei ii by nonuse of the, Common Area or by abandonme,a t of his Lot. Section 2. Notice of Lien. No action shall be brought to xoxec.lose said assessment lien or to proceed under the power of sale heresy provided less than thirty (30) days .after the ttte a notice of claim of lien is deposited in the United States Mail, certified or registered, postage prepaid, to the Owner and a copy thereof is recorded by the Association an the office of the Oranqe County Recorder. Said notice of claim must recite a good and sufficient legal description of any such Lot, the record Owner or ,reputed Owner thereof, the amount claimed (which may at Association's option include interest on the unppaid assessment at the rate of fourteen percent (14%), or such greater amount as permitted by law, plus costs of collection in connection with tj'ie debt secure.! by, .laid lien but not including attorneys' fees u.,?ess awarded by a court); and the name and address of the claimant. Section 3. Foreclosure Sale. Any such sale provided for above is to be conducted by the Board of Directors, its attorney:3r other persons authorized by the 6or.trd in accordance with the provisions of Sections 2924, 2924a, 2924b, 2924c, 2424f, 2924g and 2924h of the Civil Code of the State of California, applicable to the exercise of powers of sale in mortgages and deeds of trust, or in any other manner permitted by law. The Association, through duly authorized agents, shall have the power to bid on the Lot at any foreclosure sale and to acquire and hold, lease, mortgage and convey the same. - Section 4. Curing of Default. Upon the timely curing of "any default for which a notice of claim or lien is filed by the,Association, the officers thereof are hereby Authorized to file or record, as the case may be, an appropriate release of such notice, upon, payment by the defaulting Owner of a fee, to be determined by the Association to cover the: costs of preparing and filing or recording such release. Section 5. Cumu'lativ_e Remedies. The assessment lien and the rights to foreclosure and sale thereunder. shall. be in addition. %,o and not in substitution for all other rights and remedies which the 'Association and its assigns may have hereunder and by law, including a suit to recover a money judgment for unpaid assessments, as above provided. 09-13-83 3.586P/2273/00 -16- i ...� r, V-700 5,676 ARTICLE VII ARCHITECTURAL CONTROL Section 1. Archi tectur6l Control. (a) The committee for the control of structures], and landscaping architecture and decign ("Architectural Control Committee") within the Project shall consist of three members. (b) The D:irectars of the Association shall have the power -to appoini, all members to the Architectural. Control Committee. (c) Members appointed to 'the Architectural Control Committee by the Directors shall be from the membership of the Association. (d) No building, fence, wall or other structure shall be co=er;:ed, erected or maintained upon the Project ( except for the initial construction of improvements on the Project by Declarants and City), nor ehall.,any exterior addition to or change or alteration therein bc'made until the plans and specifications snowing the nature, kind, shape;, height, color, materials and location of the same shall have been submitted to and approved in writing as to harmony of external.design and location in relation to surrounding structured and topography by rtha Architectural., Control Committee. In the event said committee .fails to +xppr.ove or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. (e) The Directors of the Association shall have the authority to promulgate reasonable rules -arid regulations relating to`the exterior design and maintenance standards of the Project. ARTICLE VIII MORTGAGE PROTECTION Notwithstanding any and all provisions eleewhare in th-s Nclaration to the contrary, in order to induce lenders and investors to participate in the financing of the the Project, the following provisions are added hereto, and to the extent these added provisions conflict with any other provisions of this Declaration, the Articles of'Incorporation or the Bylaws of the Associatiori,'these added provisions,sha'll• control: f•.� (a) Each Mortgagee of a first Mortgage encumbering any Lot, upon request, will be entitled to`written"notificaticn 090-13 -83 it 1 1•. ., rr 1r2�suYi. ,alas, w'!.��... ... ... .. .. .... .... �. ..,. .. .L ...•... ..i. ._ � y_.�.—_ �.� —__ - - 877005676 from the Association of any default by the Mortgagor of such Lot in the performance of :such Mortgagor's obligations under this Declaration, the Articles or the By1Aw5 whi^.h is not cured Within sixty (60) days. I (b) Any "right of first refusal" shall not impair the rights of a first Mortgagee ;:o foreclose or take title to a Lot pursuant to the remedies provided in the Mortgage, or accept a deed (or assignment) in lieu of foreclosure in the event of default ;jIt a Mortgagor, or sell or lease a Lot acquired by the Mortgagee. (c) Any first Mortgagee or third party foreclosure purchaser who com s into possession or who obtains title to a Lot pursuant to the remedies provided i.r the Mortgage or foreclosure of the Mortgage, or by deed or assignment in 1_l eu or foreclosure, will not be liable for such Lot's unpaid duds or charges which accrue prior to such poMsession or acquisition of. title to such Lot. The assessment liens provided for herein shall be subordinate to the lien or equivalent security interest of any first Mortgage on a Lot recorded prior to the date any such assessments became due. Such subordination shall apply only to assessments which accrue Prior to a sale or transfer of such property pursuant to a decree of foreclosure or truistee's sale. Such sale or transfer shall not relieve such property from liability for any assessmen�s thereafter becoming clue or from the lien of any such subsequent assessment. (d) Unless at least seventy-five percent (75%) of the first Mortgagees (based upon one vote for each first Mortgage owned), and the Owners of the individual Lots, as well as the City have given their prior written approval, the Association or the Owns'b shall not be entitled to: (1) by act or omission, seek to aba:-Ldon or terminate the Project, except for abandonment or termination provided by law in the case of substantial destruction by fire or other ::asual:ty or in the case of a taking by condemnation; (Z)-=. change the pro rats interest or obligations of any individual Lot for purposes of: (i) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards, or (ii) determining the pro rota :-iharo of ownership of each Lot in the Common Area and any improvement thereon; (3) by act. or omi ssa.dn, seek to ahai�don, partition or subdivide the Common Area; (4) c-'se hazard insurance proceeds for lc.sses to any Projec-z property (whether to Lots or to the Common 09-13-f3 35UP/: 273/04 -18- 8 r. w 1, P 87--005676 Area) for other than the repair, replacement or reconstruction of such property; (5) effectuate any decision of the Association to terminate professional management and assume self -management of the Project; (6) make any amendment to this Declaration, the Articles or the Bylaws governing the following subjects: (a) the percentage interest of the Owners in the Common Area; ( b ) the fundamental purpose for whiL`h the Proiect was created (such as a change from residential use to a different use); (c) voting; (d) assessments, assessment liens, and subordination thereu£; (e) the reserve for repair and replacement of the Common Area; (f) property maintenance obligations; (y) casualty and -liability insurance; (h) reconstruc- tion in the ever.it of damage or destruction; (i ) rights to use the Common Area; ( j ) annexation; and (k) any provision, which by its terms, is specifically for the benefit of first Mortgagees, or Mortgagees specifically confers rights on first Mortgagees; (7) by act or omission change,.waive or abandon any scheme of regulations, or enforc-iment thereof, pertaining to the architectural desicn or the exterior appearance of Lots, the exterior maintenance of Lots, the maintenance of common property party walks or common fences and driveways, or the upkeep of ,lawns and plantings in the Project; (n) fail to maintain fire and extended coverage on the Common Area on a current replacement cost basis in an amourt'not less than one hundred percent (100%) of the insurable value (based on current replacement cost). (e) First Mortgagees shall have the right to examine the books and records of the Association during normal business hours. (f) Dues or charges shall include an adequate reserve fund for maintenance, repairs and replacement of those portions of the Common Area th&t must be replaced 'on a periodic, basis, and shall be payable in regular installments-rmther than by special assessments. (9) All becomes liens prior relate only to t'.e whole. 09-13-83 3366P/2273/00 taxes, assessments and charges which may to the first Mortgage under lo,:al law shall individual Lots and not to the Froject as a -19- ' ST--0056TS (h) In the event of substantial damage to or destruction of any Lot or any Dart of the Common Area or any portion thereof, the Mortgagee of any first Mortgage: on the Lot shall be entitled to timely written notice of any such damage or destruction, and no provision in this Declaration, the Articles or the Bylaws shall be interpreted to entitle the Owner of a Lot or any other party to priority over any rights of the first Mortgagee of the Lot pursuant to its Mortgage in the case of a distribution to such Owner of insurance proceeds or condemnation awards for losses to or a tasting of Lots or the Common Area. (i) Any, agreement for professional managemer r, o£ the Project may not exceed one year, renewable by agreement of the parties for successive one-year periods. Any such agreement must provide for termination by either party without cause and without payment of a termination fee on ninety (90) days' or less written notice. any management agreement for the Project must provide for termination by the Association for cause upon thirty (30) days' written notice thereof. (j) The Association shall, upon the request of any first Mortgagee, (1) give written notice of all meetings of the Association and permit such Mortgagee to designate a representative to attend all such meetings, and (2) transmit to such Mortgagee an annual audited financial stacement of the Project within ninety (90) days following the end of any fiscal year of the Project. (k) If any Lot or portion thereof including the Common Area is made the subject matter of any condemnation or eminent- domain proceeding or is orherwisa sought to be acquired by a condemning authority, then the: Mortgagee of any first Mortgage on a Lot will be entitled to timely written notice of any such proceeding or proposed acquisition, and no provision in this Declaration, the Articles or the Bylaws shall be interpreted to entitle the Owner of a Lot or any other party to priority over such Mortgagee with respect to the distribution to such Lot of the proceeds of any award or settlement. (1) First Mortgagees of Lots may, jointly or singly, pay takes or other charges which are in default and which may or have become a charge against the Association's interest in the Common Area and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for ouch Common Area, and first Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. Entitlament to ,such reimbursement may be reflected in an agreement in favor of all first Mortgagees to be prepared at their request, duly execucgd by the Association. 09-13-83 3586P/2273/00 -20-r O'er 87--005676 (m) As used in this Article VIII, "first Mortgagee" means any Mortgagee under a Mortagage which is a first lien of record made in good faith and for value, or a junior lien of record made in good faith and for value by the City, the Agency or an institutional lender in order to assist in the financing of the improvement and/or rehabilitation of the Project. Section 2. No breach of any of the foregoing covenants and restrictions shall cause any forfeiture of title or reversion or bestow any right of re-entry whatsoever, but violation of any one or more of these covenants or restrictions may be enjoined or abated by Declarants, their successors and assigns, and by the Association, or by an Owner, by action of any court of competent jurisdiction, and damages may also be awarded against such violations; provided, however, that any such violation shall not defeat or render invalid the lien of any Mortgage made in good faith and for value as to said property or any part thereof:, but said covenants and restrictions shall be binding upon and effective against any owner of said property, or portion thereof, whose title thereto i-- acquired by foreclosure, trustee's sale or otherwise. ARTICLE IX 03LICATION TO MAINTAIN, RErAIR AND REBUILD Section 1. Maintenance by Owner. Except as otherwise provided in this Declaration, and subject to Architectural Control Committee' approval, each Owner shall, at his sole cost and expense, maintain and repair his Lot and the improvements thereon keeping the same in good condition and making all repairs as they may be required. Section 2. Dams a and Destruction Affecting mots - 'Ownerr Duty to Rebuild. If all or any ;portion of any Lc t and the improvements thereon ie damaged or destroyed by fire ether casualty, it shall. be the. 'duty of the Owner of said Lot to rebuild, repair or reconstruct said Lot in a manner which .will restore it substantially to its condition immediately prior to the casualty, except to the ex' ent that such repair retronstruction is assumed by the Association and financed by insurance proceeds or special assessments as provided herein. Section 3. �Va,riance in E;aerior Appearance and De.iign. Any Owner who has suffered damage may apply for approval to the Architectural Contrcl.Committee for reconstruction, rebuilding or repair in a manner which will provide for an exterior appearance and design of his Lot different from that which exir-ted prior to the date of `.he casualty. Application for such approval shall be made in writing together with, full. and complete plans and specifications, working drawings and elevations showing tha 09-23-83 3586P/2273/00 -21- ' 8� J676 proposed reconstructions and the end result thereof. The Architectural Control. Committee shall grant su^h approval only if the design proposed by the Owner would result i.n a finished Lot i.n harmony of exterior design with the rest of the Project. Failure of the Architectural'Control Committee to act within thirty (30) clays after receipt of such a request in writing coupled with the drawings dnd slot plans showing full and complete nature of the proposed change shall constitute eppxoval thereof; provided, however, that in such case no such reconstruction, rebuilding or repair as described heraivi shall be permitted without the prior written consent: of all Owners of Lots, attached to the particular building to which the subject Lot is attached. Section 4. Time Limitation. The Owner or Owners of any damaged Lot shall be obligated to proceed with all clue diligence hereunder and commence reconstruction within three (3) months after the damage occurs and complete reconstruction within nine (9) months after damage occurs, unless prevented by causes beyond their reasonable control. ARTICLE X DAMAGE, DESTRUCTION AND CONDEMNATION Section I. Damage o-• Destruction. Damage to or destruction of all or any portion of the Common Area shall be handled in the following manner: (a) In the event of damage or destruction to the Common Area, if insurance proceeds are sufficient to effect total restoration, then the Association shall cause the Common Area to t±� repaired and reconstructed substantially as it previously existed. t (b) If the insurance proceeds are within Five Thousand Uollarn ($5,000.00) or less of being sufficient to of}ect total restoration to the Common Area, then the Association aball cause the Common Area to be repaired and reconstructed substantially as it previously existed, and the ' difference "tween the insurance proceeds and the actual cost i shall be levied as a special assessment equally against each of the Owners; provided.. however, that'if such cost, together with ' any'6ther special assessments for the current fiscal year, exceeds five percent (5%) of the budgeted gross expenses of the Association for that fiscal year, tho vote or written assent of a majority;.cAE!'.the voting power of the Association residing in 1 Members other than Declarant must be obtained before such cost may be levied as a special assessment. (c) !f the insurance proceeds are insufficient by ! more than Five Thousand Dol,larz.. ($5, 000.00) to effect total 09-13-83 3586P/2273/00 -22- . L 87-00557E restoration to the Common A:•ea, then by written content or vote of a majority of the Owners, they shall determine whether (a) to rebuild) and restore in substantially the same manner as the improvements existed prior to damage and to raise the necessury funds over the insurance proceeds by levying equal assessments,. against all Lots, or (b) to rebuild and restore in a way which utilizes all available proceeds and an additional arn•aunt not in excess of Five Thousand Voollars (;5,000.00) and which is assessable equally to all Lots but which is less expensive than replacing these improvements in substantially the same manner as they existed prior t::, being damaged. (d) If reconstruction or restoration has riot actually commenced within one (1;i year from the date of any damage to which this Article is applicable, then the covenant against partition as provided in Article Xl' shall terminate and be of no further force and effect-. Section 2. Condemnation. In the event of a taking by eminent domain, or a sale under threat thereof, of all or any part of the Common Area, the Association shall, subject to the right of all Mortgagees who have requested the right to join the Association in the proceedings to be represented separately, represent all Members in recnvering all awards. All awards shall be distributed, after deducting all fees and expensea related to the taking or s«le, to the Association, the Owners and Mortgagees in accordance with this Article. Such distribution shall be according to the apportionment in any judgment of condemnation or by agreement between the condemning authority and the Association and any affected Owner and Mortgagees, based on Lair market value of the respective interests. If the ta!iing is other than by judgment of condemnation or such agreement, or if such judgment fails to apportion the award, the Association's Board of Directors shah distribute the award among the Association, the Owners and Mortgagees based on the relative fair market values of their interests taken. Such relative fair market values shall be determined by written appraisal prepared by a member of the American Institute of Real Estate Appraisers appointed by the Board, and the distribution of awards as determined by such appraisal shall be final and binding on the Association, all Owners and Mortgagees. ARTICLE XI COVENANT AGAINST PARTITION By'acceptance of hip deed, each Ownershall be deemed to covenant for himself and for his heirs, representatives, suceessori And assigns, that he will not'institute legkl ,. proceedings to effect judicial partition of his inte•reit in,...*ie Project unless the Project ( a 1. has been in existence in excess 09-13-83 3586P/2273/00 -23� MOM 4 , 87�005676 of fifty (50) years, and (b) it is obsolete and uneconomical, and (c) the Owciers of fifty percent (50%) of the Lots and the City, .join in such an action for partition. k ARTICLE XII GENERAL 'PROVISIONS Section 1. Enforcement. In addition,to all other ` remedies provided by law, the Declaration of RhstrictiGns, the !� Articles of Incorporation a..d -the Bylaws may b'e enforced by the 1 ~ Association, the City and/or any aggrieved 0wr:er for the. recovery of damages, or .for ir,junctive relief; or both, as follows: (a) Breach of any of the covenants contained in the ` Declaration or the provisions of the Bylaws and the continuation of any such breach may. be enjoined, abated or ramedied by appropriate leg&l proceedings by any Owner, by the Association or t1-e successors in interest of the Association. (b) The result of every act or omission whereby any of the covenants contained in -this Declaration or the provisions of the Bylaws are violated in whole or in part is hereby declared to be and constitutes a nuisance, anet every remedy allowed by law or equity against a nuisance, either public or private, shall be applicable against every such result and inay be exercised by any Owner, by the Association or its successors in interest. (c) The remedies herein provided for breach of the covenants contained in this Declaration or the provisions of the Bylaws shall be deemed cumulative, and none of such remedies shall be deemed exclusive. (d) The failure of the Association to enforce any of the covenants contained in this Declaration or the provisions of the Bylaws shall not constitute a waiver of the right to enforce the same thereafter. (e) A breach -of the covenants contained in this Declaration or the provisions of the Bylaws shall not affect or impair the lien or.charge of any -bona fide Mortgage or Deed of 'rust made In good faith and for value on any Lot or the improvements thereon; provided, however, that any subsequent Owner of such property. shall be round by said covenants, :7= whether such Owner's title was acquired by foreclosure in ,a trustee's sale or otherwise. (f) 'The As loci ati oii shall have the nigh,:: to suspend the voting rights of a Member for any period during which any assessment against bis Lot remains unpaid after notice and 09-13-63 3586P/'2273/00 -24- r 9 8770056T6 hearing given and had pursuant to subsection (h) of this section, and for a period not to exceed thirty (30) days after such notice and hearing given and had for any infraction of its published rules and regulations. (g) In addition to the above general rights of enforcement, the City shall have the right, through its agents and employees, to enter upon any part of the Project for the purpose of enforcing the California Vehicle Code and the ordinances and other regulations of the City, and for mainteuance and/or repair of any or all publicly owned utilities and is hereby granted an easement over the Project for that purpose. (h) Vo disciplinary action against any Member shall be taken until and unless prior notice is given to such -Member, as provided herein, not less than 15 days before such disciplinary action, setting forth the proposed action and the reasons therefor:, and unless an opportunity is provided for such Member to be heard, orally or in writing, not less than Five days before the effective date of such disciplinary action, by the Board of Directors, or by a person or body authoriz;ed by th-a Board of Directors to decide that such disciplinary action not take place. Section 2. Severability. Invalidation of any one of these covenants or —restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. Section 3. Term. The covenants and restrictions of this Declaration shall run witl,& and bind the Project, and shall inure to the benefit of and be enforceable by the Association, the City or the Owner of any property subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of fifty (50) years from fJie date this Declaration is recorded, after which time said . cover: ants and restrictions shall be automatically extended fcr successive periods of ten (10) years, unless an instrument, signed by a majority of the then Owners has been recorded, agreeing to charge said covenants and restrictions in whole or in part. Section 4. Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development of a residential apartment project And for the maintenance of said Project. The article and section }endings have been inserted for convenience only and shall riot be considered'or referred to in resolving questions of interpretation or construction. Section S. Amendments. This Declaration of Restrictions may be amended only by the vote or written assent Ogg-13-83 358SP/2373/00 w25- r 87-005676 of Members representing a majority of the total voting power of the Association and the City in the event such amendment would adversely affect the rights of the City hereunder or would adversely affect the Project or the operation thereof. Section 6. Encroachments. None of the rights and obligations of the Owners created herein or by de::d shall be altered in any way by encroachments due to settlement or shifting of structures or any other cause. There shall be valid ansements for the maintenance of said encroachments so long as they shall exist; provided, however, that in no event shall a valid easement for encroachment be created in favor of an Owner or Owners if said encroacl�nent occurs due to the, willful conduct of said Owner or Owners. Section 7. Notices. Any notice permitted or required to be delivered as provided hereir. shall be in writing and may be delivered either personally or by first-class or ragisterc:d mail. If delivery is made by registered mail, it shall be deemed to have been delivered seventy-two (72) hours after a copy of same has been deposited in the United States Nail, postage prepaid, addressed to any person at the address given by such person to the Association for the purpose of service of such notice, or to the Lot of such person if no address has been given to the Association. If such notice is so sent by regular mail, it shall be deemed to have been delivered when received. Such address may be changed from time to time by notice in writing to the Association. Section n. Attorneys' Fees. Tf an Owner defaults in making a payment of assessments or,in the performance or observance of any provision of this Declaration, and the Association has obtained the services of an attorney with respect to the defaults involved, the Owner covenants and agrees to pay 'to the Association reasonable: costs and attorneys' fees as may be awaxded by a court. Section 9. Property Exemption. Except as other- wise provided herein, all public property within the Project shall be exempt from the provisions of this Declaration. IN WITNESS WHEREOF, tho undersigned have hereunto set their hand and meal th!.s day of _ 19 . "DECLAPANTS" 09-13-83 ,3586P/2273/00 -26- SEE SIGNATURE PAGES ATTACHED HERETO A14D INCORPORATED HEREIN 4 t e . _ 1 87--005676 i EXHIBIT "A" ' KOLEDO LANE DEMONSTRATION PROJECT CONDITIONS, COVENANTS AND RESTRICTIONS Legal Description of Declarants' Parcels Lots 3, 4, 5, 60 1, N, 99 10, 36, 37, 38, 39, 40, 41, 42 and 43 of Tract Nu. 4301, as shown on a map recorded in Book 177, pages 11 and 12 of Miscellaneous Maps, Records of Orange County, California. 87--0056T6 EXHIBIT $Wl KOLEDO LANE DEMONSTRATION PROJECT CONDITIONS, COVENANTS AND RESTRICTIONS Legal Description of Easement Parcel That portion of Koledo Lane, a 60.00 feet wide street, as shown on a map of Tract No. 4301, recorded in Book 171, pages 11 and 12 of Miscellaneous Maps, Records of Urange County, California, described as follows: Beginning at the southeast corner of Lot 3 of said T-,•act 4301; thence north' 0044146/1 west 480,.35 feet along the east line of lots 3 through 10, inclusive, 'of said Tract 4301 to the northeast corner of said lot 10; thence north 8024138" east, 60.00 feet to the northwest corner of lot 36 of said Tract 4301; thence south 0044146" east, 480.35 feet along the west line of lots 36 through 43, inclusive, of said Tract 4301 to the southwest corner of said lot 43; thence souLh 39024116" west, 60.00 feet to the point of beginning. ` �t ,dO." 4 877-005676 ARLINE BURGMEIER � 1 MAN SURGM Lot 3, Tract No. 4301, as shown can a map recorded in book 177, pages STATE OF CALIFORNIA ) 11 and 12 of miscellaneous maps, COUNTY OF ORANGE $15. records of orange County, California. ) On 1983 bei'ore me, the undersigned, a Notary Public in and for sal d :state, personally appeared Lyman Burgmeier, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name iE subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and VIT'f-i- al seal. ISEAL) ------- ------ PATRICK N. ©UGGAN NCsTAAY PU6LIC --- CALIFORNIA PRINCIPAL orFICE IN LOS ANGELES COUNTY IIAy Coremisslon Expires .inn. il,1964 �uu.MnTll�at�u� r' �utN��eae� -2 69- C-CIL 1 87:7005676 % '�/ '- � 0 Z Fig •• � c-r.--� MARIAN L. AYOAACA,� ACK A ACA / Lot 4, Tract No. 4301, as shown on a map recorded in book 177, pages STATE OF CALIFORNIA ) 11 and 12 of miscellaneous maps, COUNTY OF Oi2ANGE ) $s' records of Orange County, California. On,��,, 1983 before me, the undersigned,-�ub is in and for said State, personally Y p Y appeared ,lack Apodaca, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and<0T"iTZ1-xj, seal. w (SEAL) tfaiHMl1lnitl�flMNlttRm ihaRl�� PATRICK N. DUGGO NOTARY PUBLIC — CALIFOR141A PRINC'DAL OFFICE IN LOS ANGELES COUNTY My CoMminlon Expinta J:3n.17,1054 It#�ilNMMINI tQttl�rf�161Y1111�tttfl■ 87:7005676 % '�/ '- � 0 Z Fig •• � c-r.--� MARIAN L. AYOAACA,� ACK A ACA / Lot 4, Tract No. 4301, as shown on a map recorded in book 177, pages STATE OF CALIFORNIA ) 11 and 12 of miscellaneous maps, COUNTY OF Oi2ANGE ) $s' records of Orange County, California. On,��,, 1983 before me, the undersigned,-�ub is in and for said State, personally Y p Y appeared ,lack Apodaca, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and<0T"iTZ1-xj, seal. w (SEAL) tfaiHMl1lnitl�flMNlttRm ihaRl�� PATRICK N. DUGGO NOTARY PUBLIC — CALIFOR141A PRINC'DAL OFFICE IN LOS ANGELES COUNTY My CoMminlon Expinta J:3n.17,1054 It#�ilNMMINI tQttl�rf�161Y1111�tttfl■ 87:7005676 Z. 5C C ORATIO CERRITO _____...�-..-.....------- STATE OF CALIFORNIA '71���✓ a COUNTY OF ORANGE ) Ci�,�• On t1, 1983 blbet:hhe me, the undersigned, a Notary'Pwlic in and for State, personally appliared Oratio Cerrit personally knowe or proved to me on tl�� basis of satisf tory evidence to persorlAwhose name is sL�l"►scribed to he ithin in td that �h ' executed the s Me kps ��-- ��-1��•jt,� �Lr�Q, �Ss,-V- mMo�� WITNESS Emy had and �.�1 seal ,C7�'/4e. (SEAL) Pjj--- N. OUGGAR K NOTA13Y PUBLIC -- CALIFORNIA PRINCIPAL OFFICE IN r LOS ANGELES COUNTY $ �1ly C jVM9ssk,n Expires Jvn. 1791964 .. • w�q�e�ta�s+��rir�nci�arr»n� 09-13-83 3586P/2273/00 -26e- Lot 5,i, Tract No. 4301, as shown on a map recorded .in book 177, pages 11 and 12 of miscellaneous maps, records of Orange County, California. tCQ. 09-13-83, 3566P/2273J00 -26d- Lot 8, Tract NO. 4301, as aho m; on _ it map, recorded in kiook 1771 pages CALIFORNIA 1 STATE O� '� ? 1? and 12 of miscellaneous mapa, ,t s:srecords of Orange County, California. COLtN'Y`Y' OF ORANGE" . ) 11983 before 'me -tix$ tar IPublic in and .;fox said State, personally % appeared ,':Jerry Goldfein� pmrsonal ly known to -me or. proved to me ,r on basia,.of ;aitiofae'tpry ,evidence to be l,he person whose .the namlow oi3Q within, instrument 'and acknowledged diet the ` ekecutedethesa" WITNESS my hgn'd 'erg off sea i (PEAL) 11 PATRICk N. ,w, GGAN PPOTARY PUMIC -- CALIFAAr:IA PRINCIPAL OFFICE IN LOS AN13ELES COUNTY Mr O"""'Msbn LrJan. 171s�a CC V. cc IL JO F , �:. r.. j �.. `.. 1 i 87:W 6 , 7 I 1' 1 !j I' �' Soo -SAINC tGIM f , . I c $TATL 6r-CALIFORNIA ; ' COU" N" TY O ORANOE: ) :. , On { F 1983 before,me, the unddrsighid, *.Not' ry u i� 1 n.'arsd fdr said State,: personally L; +;,&ppaarad ..Ki' . Vii�ti 'Thi•,,,Nguyan,`; `persona'lly known;;to . fie: or proved Ito Sao on i»he paai .a�' hnti sfaotory_: evidence to " be she person rvhi s�i . name, is,. sub scrib'ad to the wi tbin instrument `. and ackr6art dged ''ti hit he -executed, the ;name. MITNESS hand .and ici ea •: my aff �►1 al f _ t. i , 1^'.'a '111 r.. I ' ,�• , , ''^%' _ 1. • ' 1'{ 09-13-83 �'; 33,�5P/22 73/00 »�$n- I. �� � ' L ' ... C. C t L fm :5 4o 877005676 1d; 10, JUL IE CHAN, .14AY T. CHAN LYMM CHAW STATE, ­0F,,'CAL1FPRNrA 0 COUNTY ot. kmax On 1983 .'before gnad,'- s Notary. ­ Publi c:A n-,.'and, ­ f or,. saii � ate ti .personally,, Appeared- Julie ChAii May 'L i YM an" Chan,,,j)erucr � ;Ci6 -io. lid ok,:.�1*06yedi to., me. ow'. the:�,baais:' �of ,a isiactory ` evidOqdi!0 4iel, the'so a -w . pir ­ i . hose nameiis,'a'rie '�subidrlbed`to the _980- , Imo, fl' ;�OrST6 Y. ASttAU B R I L ONE A. GHOBRIAL Lot 43, Tract No. 43o1, as shown of a map recorded in book 177, pages STATEYWORN OE CAL .r IA 11 and 12 cif miscellaneous maps,',;`.1 So. recordi� of Orange County, call.forn; COUNTY OF ,ORANGE ) 'lf On 1983 before 'me, the underaignea:;a,::Notary,,Pub is yin .'arid "for,.�sgid State, personally pP YY of aetidfa'' a aonallX known to Me ar. proved to ,me, a a�►rsd Ar d on the baeia ctory evidence to `be the penman w.ose name is eubecribed , to ;.the within instrument and acknowledged �jj • t1iet ]Ke executed the sRlne . .� �, it . • . 09-13-83 3586P/2273/00 -261- a. • . OWNER PARTICIPATION AGREEMENT CITY `OF , HUNT NOTON I3EACti ana < THE•' REDEVZLOPMENT., AGENCY 'OF THE CITY OF HUNTINGTON BEACH „ grid ,� INDIVIDUAL KOLEDO LANE PROPNRTY OWNERS' ,'; relatiriq "aa ILITATION WITHIN THE 01�� VIEW PRoJECT AREA CHAR , , IS AGREEMENT: iaanteTHIS NT rid'into 'by, e61, between the ' Rrrdevelo 'meet 'A enc of ` this Cii of. � Huntin ton Beach the;, ' p� g y, Y Sd "Agency" );; 'the' City : of Huntington Reach ( the "City") , on the one hand and ' ("Developper;") on' ' the other hand,, .The Agency, the City and tine Devel'apar hereby' agree an 'Allows: 1UBJECT OF,AGREEMENT .ti ,;'A. pur�cae' of `the 'A$reament " ,►, rtt ffsr � -� f• ail .► , �• /..A „1':JJ�. ,. i.' t ;r -. • . p rp ` ,,of thie� Agr emtiit� is to' effe� tu'a a t t i e r. e u a ae a r: ,i a e10 life r _ •:=edevslopmerit,:plan` r (ahe;' "�ted V • Pnt'Plan'!:) '.for, ahi •Oakview laaidaveilopi eer,t` Pro j.ect by '.Providi�nq: ;fcr;; tiie reli`aib ll'itat+on�;,i �pd ' deveilop�aeait of a' poirtioii` of tine Pro j ect• Area as ' described h�rei n. The rehabi�litetion arid: A d e l'e 'meet f ''aid ' port .. � p g. .,,o t,s ion of the .Pro eot ,Area''' ureuei �t. ;to' this:A re®menu and ' -,the fulfi'llrnent generally of this,,Agr'reeme Agreement,, &re iri ,the; beat , 1t�tereste. of `the `City' and the we'l;fare of. i��c; reei'-1e:ite',. and in aocord with -thejublic purpoees and provtinion• `o�E 'applicable federal';, 'etate� and Vocal lawi�''and rtuirements. Lw.. , r 8 . The Plan A ate Agreement • 'i s subject .to the provi ai'o'n`a 6 .:the Redevelopment Pl'sia' which. was approved and adopted' by, *he City Cdu" ncil of the ;,City 'by • Ordinance No . , 358Z on November 1, 1982 . • 'C. The 'Site ' The � Sito,, .cpniieta ,of parcels 'located,witYiin tile. Project `Area •ahown can ,thb 1Developm` ' t. Site 19ap` attftched :hereto ea +. Eil�ibit:•,"A" 'incorporited herein by referance'(the, "Deve3.opmeat i4 site' Map") "That portion of � the: Site showin off• 'the ,Development Site -Map is Developer Parcel"is presently,�wnea by„tho Developer. The Developer Parcel is currently Improved with (one/too),four unit multi -family rental structure and Appuitenant covered park; ng faci.lities . , -1- . The orti6n of the site shoiin` on t he: Development Site Map P , ",. _ „ only known as Koledo Lane,,is as�..E aaamant Parci comet ., promently owned in' part in � fee simpler ,by the,, Developer subject ; _ to an e,asemint for. public street'/and utility. purposes in favor of ,the City. �., � o thins,; Vc# eemeiit , that the , improva°anti I t i e, .the i ntant on rthe Dsi •taper Paid be;" 9-ubte�te►ritially rehabi litAted 1'I that the appurtotiint carpoz m'' 'on" thei 'Dii*iioper`Parcel be `domoli'eh'od, thr►t� nerve �1�►uti ry ac iities be 'constructed, on the..•,Devel'o per ' r prrrCel., that. ai n ii '' aw'. five --car garage `be constructer! : on the Deve Io1por :parcel, and, -;-'et the 6ptibn of ther'' Developer; . that a , naive .two-bedreoi�i�` dwelling unit ;bc con$truct'ad over sand �•f ive-car _J glirage, oil]. in accordance;with`, thi s'''AgreeM6ht . (- ;Conc`urrex�fily with ,.th"b, e7tecuti'on ,of thi$ Agrde meat, and` following ;�► 'duly :irioticed � joint' public he:arinq by ahe City and th46 `Agency, then City, the. Agency' aril Koledo ;Liaii®' Property; �r - Owners-Aeso:i atiaz, .; a nonpro�lit mutual benefit corporation (tie' : t f c bs lop is R me " �: ssoczambex; , m11, execute that certair' Dispusitionf andl'D®v lopment greeme subsstant,ially in: •the toxrn at�a:had hereyto as 'Exhibit "8' 'and itiCorporateds herein by,trefer;enC� (the I7DA . , Than AriA ;providte : far cat'fs:in' wind convey.E,,nce of 'an ;easement iii tlie: ,Easement .'theb , Peirce `to, the` Agency fur thce; nFtallst on acid ,,construction of d siir a ce certa n rcc eat o al ,and , ..P ;, p , ii f arkia faci'-lities 'whichleasement, 'eiiallVbe�aie'gi�ned and, trans€err,4;d, to ; ..sac' . 1: has ttia. A oiat 'on after the Easeinesnt Parc4 a ., , been, 'eo imprpve'd : by-the''Age`ncy at Agency's aole cost and , _ = expense . D: Partieist6 the hgreement (l j' T2te' A�enc + Trie Agdnoy is : a, public,:body; ,�corpc�rs►to and �•politi�, ' exercitiriq}.,goo ern�.entel unctions and;:pawere�;Nand organiz'eid .end etxisetiriq uiiddr .the Canimun ty'eslevelopment Lew of the"State o� Cali forni'a': , " j",-.1t e„�h�`incipa�. ;o`ff ce of t it Agency- ii 'located eit : ,Civi'c `Center,, `20b0 MAh Street', Huntington, Basch, 'Cili­ 6' ' 1' 926481 Attention Chia f£ 'kxecut`iv 'of fi+:or. "Agency",',. used 'asny as, .;In this Agreement; • includes adf`ignee` or successor to ' its rights,, powers ' and rusp'on atbilitiee. ' The City its amunicipal corporation 'organized rind exiating under the laws 'of the State of California' and its , ch.rte{. :.: 4298P/2273/00•' E ..2� �+ The principal, o;�fice of the •city is :'located at Civic Center, 2000' Main Street; California, 92648, Attention: City Administrltor. as usedl? in this Agreement, includes any atsignee :or;,,successor 'to iota rights, powers and responsihilities. M The Dove l ojga r r X +rincial officeof the • , P P Developer fore purposes of 'this 'Agrea sent is - ----- CaYifcznia. 1. 2' RECIPKOCAL EASEMENT AGREEMENT nwldbmenoA. �f , Reciprocal Eamement A to'eme it - <<' 'Zt' ie contemplated 't'atr�trie tieW garage improvements =' rz, .. deacriloed`':�hera1n",tcS.,be ,develope .fkay;-,]7eveloper?.on tYie-,Developer Parcel, wi 1I. share a,' common'] wall with �'tthe ..gara", im rovementri. i P an'd may tzl �arei `+a common wa1 �Ah `,tonnecti'on 'wi.th '.`&;,.new , a , v .l a n h ozl Af t o-b dream dwelling:'unit ;to,.>be; de a op ,d,wd t at, porti j this $itii'�ide'niifi®d ion the`Development aite�Mi#p as' Adj`ecdnt: p�azcel ,al .` Ii order .to provide for; . a common. plan for tihe` �uee , i arid� injoy"ment' ofj�',these 'i"mprovsments annd;' fac'i11ti6mi Developer, ,;rshall .en or into %a' Reciprocal �Ea'aemerit ,Agrcomente with the owner;of the Adj.a�cen't.Patcal, I substantially, n ties form i►tt:iche�d her`'eto; ab 'Exhibit;. "C" and incorpor. ated 2 erei:n• by s i- r ,+ ty ,)wners;'maki'n4 'Beier' efera'ii ce ;upo the earlier'of-, bothi, pz�nper + ].sctian'};with 'respect' to::th►e'' d�evelopmei nt of a in `;additional d .elt'in unit a or 'said ar'e e''or the' 'e , , ..ia . ,.1, ,,�.. g � �` xpiratinn'oft tree time . pri.od;'fr makiriq"sai:d �sl'ection;as provided in`'�Sgction' 301; ersof. Iipmediately:: uoti the execution ''and atcknowledgemet�` of r •-,� ; --, .pro ,: , , •: q etnent, the ,.Agancy''ahall';,cc�us�i' said ctl Eaiem�nt �A' xe p be 'xeobzded ;in, th 'x0£f cd of a Co t az� a f t Count` l�eri vocal,, L setnarit Agreemdnt'•'to _ . F , nth- un y.: ec d6 r `o hei y 'of Orange 'with re�ipect;�to +` nit re `properties; .identifiacl�''in said. rWc' iproca1 Easement r '��•4 i i �►gz:�rement r.' rl'. ` I f` /' �� '^�: '' ►'t`1ze +Par}tinq!-Plan.�attacbed aye Exhibit "C" to the t� ,Declirat.'an"of !Carndiiionto ! Coven and lestrictions.,:�,and Grarit L ; , aft: sat Tanta 'relatir�q . to';tie Site. calls, foe ''the;,ad�tiet meat a'f ;` h I '' I, t , f en�;� c e l. the lotY`3•nos between t-the Developer Parcel `•and djac Ipar e:. hey a the Dave a* iiti Site tMap ',:.The eveloxier �n'y „ .•., •� 9 1. , ,. - , consenti - ;to : ii a rees to execute trey and 'itll docuMents reasonably raquerJt�eti .in. ;connection wilth such lotl'iiie yrf;` "ed j uati *nt' ' 1--hereby aut on e$ th 6',( ,gencq to prepare and pura`uar"t to 'the Hunting tog Beach` ordinance,, Code . j , t 1 rocess an a licattion ,rt costing' said.. lotA . ne ad ustman P Hunting to" , t f+i 4z96p�2a'roo -3- y • r, 3.. DEVELOPMENT'DF THE SITE ,1 A. Developer' Imbrovements. ,: �beveil�uper, through• trim peeociation actinq .:ai ..its q p e Construe ti'on I Agency . It . •. • . A ieeigszitf d*iscribed hereirit' shaL1• •reh ila � ate tilt axi atiiig i4 ro es' e'. a psrcei dale'l, tap ov art •on;:t�, Develop `r 1�,. m iah tiie adj`3ce . =i carport .4tructuree- builda ;new `fi e' `csr`.,gsrager an3' build: 'a new. laundry ;fat}•;+and., install laxidscapinQ, all `to be located- on f., ... „ the Developer parcel an, shown �on the Development, $ita;:Map and fil'ie" pro l'iminary .xrc itectursl. drawings prepared by� Agency 'anti �i reviewiid b ,Developer.'- :'In=addition'` Developer, at %te opt bn, may diive�.iyp` $new'.: two ballroom rental unit; to:, lti'e conatructdd „. Agency ;ae, o44r ,,thanew :five=. c ,.. to;; whither:DeveAla eerrintbnd6• toDexerciee saidlontiony p to develop wper,(: .. of the nit .within 3C da a ads .ti'anal;.twopb6droom ,rental u y pt date of the a ravel .qf .this Agreer�nt by Aje 3icy:. Said . •� im "� rcvarAi�n;tsi' to Abe develope3 on,;the3 Developer. Parcel, .'. _are sometimes ', hiieinafte�x eollet�ti�ely referred tb , as -the I.: "Developer Improvements" . The ''cost of the rehabilitaitlon and degveslopment of the'.Deyelopear' Improvements shall be bowie by 1. Dave l ope r . :. B. Construction Agency' enc A rceme�nt , ��•• Ina �, ' `in;., orderly and ei'fic an manner, , rder to r ,rovide for the rehabili.tst oiij' and _deVelepme'rrit ` of the Dery i16p, Ymprcave'iRisnte; , Devel'ope:r' agreirs' to enter .into`' a coristruc,tion ... . Ac ane'y,: Agreement �'w' tii 'the Association; substantiaii.y im they form " 11 e. � Atfiehed here to as Exhibit "I�' and Jncorpocated herein • .The Can : ,.. _ .. ti -: ; , .. - . , . . ` nce. s�ruAti`ociatincy refers � sheall provide• 9 t the a •^ oitirient of the . s$o . on .$Agreement •far is `coristructidn a ant for. _, _ • . the r DeveXopexr in `con junc'tior�4 with the 'rehabilitation ; and • evelo mant of,, the' other. areela -•a I�rt p F� pp - � :. 1: anent -,ta gree ., participation, nenement Parcel ae set 'forth 'iin they owner a A.to . 'auba an tf ally • aim' lar `to thi s Agree�mrrnt . C • �:chedule of Deyelo mernt 1 ThDr, t2rogthon pursuant.to. th'cK'�e COhBtructio*,Agency, Agreement, s141f. cause the rehabilitation acid `de,tialopm®nt; of the Developer, Improvement$' to be commenced ;and 1;iromplta2: ire' accbrdaiirice with the schedule sbt forth' in the ConetructYon Aqency Agreement. k ' Di. insurance and.Indemnity 11 (1)Deve1p:r hereby a tees to ' deft nd, indemnify and Iioi� � harmre�inl City' aril Agency, its office're, agents and 'diaplayeee, from, and 'against any and all liability, dama9ee6, Costs, loases,,-cIaims -and expenses, however caused, resulting directly or indirectly from or connected with Developer's performanceof this Agreement, including, but not limited to .' 09713 ' 83 '429SP/2273/00 ''' =4- such,. 11 kbi l.i t , co y sty damage, lass, claim or expense •rising. frtbe.death or injury to,an agent,or employee.of Developer, subcontractor, or of City and Agency 'or, damage. to the property oe ,Devela er,,. subc6ntriotor, or p of, City and Agency ;or of. any aunt"or employee -of Developer, ; subcontractor ". or -of .City and `Agent � except ,where such;..' liabi lity, damagrg, coats � losses,, cliitgs!':i�r";•expenees . arecaused solely by -`,the neglige fit; or wrongzui acts o£,;,City and or A enc or an of ices ei entis or". em 10 ngetgl;iger,t omp •�or cam_�ni'sei°ons of City and%cr►genyludit�q, c ' • eta` a er►ts or , enn loseees in connection with they - Y , ,. :.gene'iii., supervision.. or. directi6n of the work to be performed . hereunder. B: i.Dov o er �: e 1 p �hhll comply wi '" o) <<of . th Compens t o :Insurance t�nd�Sa£ety, ravzeions ofthe' Workers a p n • .. ACt6'o£State "";of California, the applicable: provisions; of Y, _. xvi'aione 4`a' id 5 of the. California, Coveri merit Code`.and', a 1 X!1` e11 eiMilai state' or amendments,�thrt�;o and a '. ±, federal; acts-, or. li'we; applI csab'le j Arid $hall,., indemnify., defend and hold ;harmless; � s t all claims, demands, :: payments, City, and 'Agency from �and� agans, � ,, ..., sui,ta�, :',actions, �,proc eedih4i , and j udgmente of ' every'' nature end r , i. f deecri tion,; cluding; ettorney s -feea and co *to preea'er�ted, ii brought or recovered aya.1 City;' and/or Agency, for ..,. . aocdunt,. of anv liability under any of wait' aic.ts.which may,,'be , . incurred,.by ; reason of -any work , to be pe rformed by Dove' per-<) „ under "thi s Agreement. st, t r r 3 )': 1 I'rii idd`it o" 'to-., the Worktr'�' C on ' ompensati , '- ., .. urance and "17eyeloper's`, agreem®nt ';to indemnify City and inef A�enc�;: Deve'1'cper`Yshall iurrisii :to City`-and;,mantalri' in', force until 'the ; completion. ;af ties pro j'ect' ;a poly cy 'of' genera, f"�►rr ran ce' i` which' C t` and A' eric named' `an liabiii y ;inevt n ,. _y',. q ,Y itianah;rinsuii_C6 The" `poli`cy $hall indemnify City :andf; igemcy .. it"Wand loyte:s; while sitting within tho o ,� amp,. ,.,, , � scopeof-thei'r' duties, against ,any,an all;claims r3sihq:`put I of r 'or,!, r,,connectianr-witi� performance under' this Agrdeement.':' "fine pvl'icy ;<',s i"a11 }provide, coverage 'iris not,, lens than the followers . amounts: Combined single' limit, bodf ly :'injury+rid/,or prope`rt f Iinsurance,- ,, d�ime►geyof30C`,`OdiQ per 'occur`r,ience.,S, ,Suci� �policy,;�of, s: sYi+�ll a ecificeill'' rovide .that 'an other insurance cove ra a ' X ;F^. �, , y, q , w2ucy::ha- applicaa�le to �he�,loss, shall `'be, deemed "excess co�iar�►ge sixd, Dewelt pat' s insurance "shall , be primary . ,.;. A ' certificate of all such` ineuratic0 policies;required bf ttiis, ;.. ;. ; Agrteesient ,`shall be; delivered..to;.the Ci�t' Attotney prior.,to the , .. commencement cif ariy ws�rk ;and s:Aall big approved try hvr in wr ii'' r,No ouch ifisukance: ohwll:.be cancelled or modified without irty (30) prior ,written , notice t 'o .City and ;'days Agency. , E . City. and Other Governmental AS cy Permits Before commencement,of'conetruction'dr developme nt of any: • buildings, structures or other work or improvement upon the ,.298P/Z273/00 M �' Developer Parcel or any portion thereof, the Developer through, i ths, Association pursuant to the Construction Agency Agreement', shall at D+eVslo ex s ex erase ;' in .the proportion set ,forth i n the co'nistruction'Agiencv,Agreement secure or cause to be secured any and:,all permits or other spprovalia which*'may be required by the City., or any ,other governmental agency. , iffeete'd by such construction,' dovelapment `4r 'wore. The' permits or other �►pprave►ls c�iall include the payment of any fees,, or other 9 athe q, pecial.districte, or of p r, qo �erwnant a envies, • �.� utihity com xniee: 4 P'. Aces as, During Construction ; 'The iNgericy,'the fDevelopex, the Association and tl�iei, City shall have the reasonable-'ri` ht of accees''t6 the(�site. without charges or ' fees, at .'normal construction hours during thYm period f, construction for th purposes of this Agreement; incluc�.ing but. not limited to the inspection of the work being performed 'in constructin$ the improvements. G *' Local, $ta'% a and Federal Laws ;1 The Developer through the Association pursuant to the, Construction Agency Agreement shall carry out the conrstructi"on of the Developer.Improvements in conformity with all applicable. laws,. including all applicable federal and state labor star,.dards . H. Antidiscrimination Dur:i.n7 Constructicn The Developer for itself and its successors, agents and assigns, agrees that in connection with the construction of the Developef Improvements, the Developer Sri11 not discriminate against' Any employee or applicant for.amploy.tent because of race, color, religion, sex or national origin. I. Taxes, Assessments, Encumbrances and Liens The Developer shall pay when due'all real property taxes and assessments assessed or levied on the Developer -Parcel. Prior to the recordation of a Certificate of Compl tior. on the j Developer Parcel, or any pertion thereof, the Developer shall not pli►ce or, allow to be placed , on the.' Developer Parcel or Fortion`'thereof� any mortgage, trust deed, encumbrance. orlien not authorized by this' Agreers�rit and, the Developer' skull remove or have removed any'levy or attachment made on such portion of the Developer Parcel or assure the satisfaction thereof within a reasonable time but in any event prior to a sale thereunder. The provisions of this section notwithstanding, fi.he Developer is 'authorized to ,encumber the Developer Parcel for the purpose of obtaining construction and/or permanent financing as may be 09-13-83 " `' 4298P/2273/00 -6-- • 1`egUired by the DeirDoper to construct the Developar. - Improve- ' ments ,'ar,, to , refinance any existing mortgage, trust deed, ; ancumbrance or lien.; ' K, FubliC-"A • end Ri hts of Accide, for, Re air ind .. Mainteziince• of Public 1MRrovemento and Uti FREies ' The Agency, and .the�,'�fay, for themeelvr� and'6t"). !public �: rgeacie*, it ;their`l.sola risk Arid er'pense reserve: t ;e ,right ,to entor.,,the. Site,, or, ,y;:.p 4o 'at .all reraeariabl �' timas� end an art Mier ' "with a,� 1`ittli interfaxrer ce as possible,for the,% u ose of reconstruction, maintenance, reair or service. ofpakny :.s puwlicall�y awned improvements or pu�lic utilities Loce�ted :on the, Site. Any such entry shalk.be mai de only, ikfter, •reasonable•. notice to th'e Association, and Agency and City shiill indemnify and hold the Developer and Association,harmless",from any claime or liebilitie' s "p4rtainirig to, any entry. Any damage or injury to the: Site or improvements thereon resulting fr6m such (antry shall be prompty repaired at -the sole expense of,' the public agency responsible for the entry. L. Preparat16n.aind Approval of plans and Specifications - Within 120 'days`,` of the date of "the execution of thin.. ,�.. y y, , ;Developer. I. Agreetnerit b the Age the -, through the AssocisfiiAn actinq_ as its; contruction og�Dnt pursuant, to the Construction Age ncy-,A•greeme'nt, ,zha ll prepa:ve, an&"submi# to the Agency for its ;apprcv.al final-,0,Ans and. specifications .for the s rehabilitation and development of the Developer.Improvementa. Ill connectionwith the preparation of said plans, . the Developer shall, cons it with the Agency regarding they spedific ;aspect o ,,the 'rehabilitation,land. development of,: the Developer" Improvements.., ,:Thhe 'coati of,the preparation of and epaecificetiaris and iany, changes requested, by the, Devc� aper prior, ' to.`their finall;' a►pprovil shall be borne by the 17welopa.r in accordance with -the' -Construction Agency Agreement. The final Plans and specifications,'shall, be eonristent •with; -'the': Developmarit .bite I�ap;'`and the 'preliminary architectural drawings prepared by Agency and,','reviewed,by,.Develope'r.: Approval or, , diaappxo;yell' by ..the Agency shall be 'givan' wi.tliin 391-days of the date of the submittal of said' plans and specifications to Agency. 4, DEFAULTS, REMEDIES AND 'TERMINAVON Aa Defaults: - General Subject to :the ext6nsions of, time set forth; in'SeIt.ctioh' 1.SE, fnilure . or., delay, by �either party to -perform any covenant, condition provision of this Agreement,to be observed'or - .7 Y I • �, ,J:: . -� ,.1' _ r• j it 1 Sao" r 1' �' performed ,ley- such party within the this providcl, herein constitutes a default under this Agreement. ' - _ �,. 9 .. complained of to the art i' defauli, specif in the default The injured d Art shall ive" written; notice of . -default f. p Y Y g p f hY the._; in ured art Failuro`;or�de,le ,-,in, giving- sue:shaltrice su.h no shall * not conatituto ' a: waiver) ofl•> any default; •i;i it change: the- times of default': : The defaulting:party, shall:. itsraediately -commence, to cure`: such default 'a.:id, sli�►11 complete such cure ,withi'n `thirty (30) days , from thCs date .of 'the `notice or such: langiir` per iod if ,;fih�; nture ..of, thi\,default is .such that more than thirty (30) days is required to cure such default. Except as of' rwi:.e ex pre provided in � this;•, Agreement, either,,party- inasserting any: of.-itsanY fsilor delayby", rights 'or . rimradies , as to any'• default 'shall not operate as a waiver, of any default or, of ' any, such . rights or remedies or deprive ei.ther..-such 'party:, of itt-right; to institute and , . tolerate'ctn �►asert orctrifarcg any-.-,htsmor remedi.esesaary p g Y p ,. y,, 9 We Legal Actions , (1) Institution of Legal Actions • ;,-,. _. '` 1. • .. ,, ti In,.addition to any -other rights or�:remEdiee, . either party may in�atitute_� legal action to cure, correct or remedy any, default, to i'dcove:r damages for any:. default, or to obtain any Dither r$med .)'consistent with the purpose of thia�'Agreement. y Such.legal,actions must be instituted in the superior court of th4!'Zourity of `Orange,, -State. of California, in an appropriate municipal -, court. in that County, or in the Federal District Court in the`Central District of California. 2 )'-, '-A licabls -Law The.1a,ws,of the State of,California. shall govern'the interpretation and ' enforcei.ent of this •Agreement., l� 3 ` Acce twin.-o 'of Service of 'Process In tee:: event that any 1®ga1, actiora is commenced by the 0eyeloper againat';the- Agency, or' the City, service of rocesa an: the • A ancy shall ;re -made.. by personal service ;:upon the, Chairman,;, Chief Executive,' Officer ,or Secretary.: of ' the ,agency,, .and on" the City by personal setrvice � upon. the;,Mayor, City 'Adaiifii•strator or.;C:ity Clerk, or in such other manner as may ;bec'provided by. law. In the': event that any. legal action is -commenced by!'the Aqency or the City against the Developer, service'of"proceas on Og-13-83 429SP/2 2 7 3/00 -8 10, 'Tt" • UMM -/'� 1� 11• •_ ,VHF: • the Developer shall be made -in such manner as may be provided by law, whether made.within or without the State of California. C. Rights and Remedies wre'.Cumulative Except as otherwise expressly: stated in. trig Agreement, the'rig►hts and'remedies of the parties are cumulative, and the exercise by .either party of one or more of, such rights or remedies shall hot,preclude the, exercise by it, at -,.the same tl)ae or different times, or any other rights oi-.remedies for-.,,, the -same default or ''any other default'by the other party. D. Righitt'• of Termination In., addition to the remedies the parties rnAy have: at -ew or in equity, ; including the ' right to terminate., this, Ag' reeme,nt;1'_ 'in, the ever'itof a material default"heieunder by i the other party, the parties hereto _,shall have the following rights of terminei- tion•upon the happening or failure, as the case may be-, of the following conditions precedent and neither party shall have any r, further rights, obligations or liabilities to the other: (1) Developer shall have . the, z-ight to terminate thin , Agreement'. after a , period of ` thirty (30) � days following, 4ritten,riotice within which to cure •lf;,•City fails to provide. and/or cause. -the provision .of the financing described herein. (2) The Agency ardfir Clty shall have the right to terminate thi s Agreement if any othe3r, owner of propecrty , adjacent to, the Easement parcel defaults in .,its obligations under its respective owner Participation Agreement. 4 3' pit and /or A enc shall. have the, ri ht',to te:,rmi , 9 g i , g. • • Y� (e 1t) l� S, Y reemm date of �eexecution�bo�toi�e C�it � h�`ndred ent If, p twenty ' 120 - da a fro y y" d Agency, ill,. property. owners � adj e.cen . itn_ 'the EasemeenV,,�'?aresl ��andtexecute:d the : Di $vei owneer Par�t�ci "it, oit ' ed their p { p -Agreements.position and• Developrhont Agency acid/or,: City shall -have. W e ilght to terminate `this ,A' regiment if, JAthin dne' :huricired awe'nty. '(1 d) days .from",of the,. date :of execution; of '*his `Agreoment by Agercy-u r r and 'City, the hulde: a of. ;el;l ae:cii xty into: gists property which- ia'' adj agent, to mtbfi Easeme At. Parcel'.h'ave fail'rdhtb �+~{ subordinate' their interests' to the condiltion�s., dolrenants and p _p tr nd.,}aevelo merit 'Agreement.... ..restrictions as set forth in t e ;Ais osition a 5 cr,t may,'terminQre: the ( ) p-ny- 'p y. s Agreement if, after holding kppropriate public ',,hearing, the C 1ty fails to vacate its right-of-way in the Easement Parcel 09-1: •-83 429SP/2273/00 -9 , t, , 1, r. 1 r, It /•.�i: ' oil-{ , R", , 7,7, (6) Any party shall; have the;.right to terminate ti�ls Agreement if the.''City, ' within. one ,hundred twenty,, (120) ' dayp ofi',execution of this. Agreement by the City and Ag6ncy, fails' to cause the lot line adjustment described herein S : GZxERAG , PP.OV 1 S i6NS A. Not c 'ls Demands end' Communicaitions Between,,= the Partien ,, . ct wriz�1len notices, ,demands, cor'rs9p6ndence and;,,.: snmi�iicatone. between the Agr�cy; �-,:. veldr, co the Ci,ty� rind - the'.` De ehall.-.ba:� sufficierntly given xf ,dis etch 'ratu'rn receipt�,-requ�ated, ; to tri���rSrioi�al-loffices p p of"thiel'Agency,'1 the;City .and:;th* ; '., ; p De v►,glaper:;., Such written notices, demands, cox�ree ondence-;'and _ ...�communicati,orYs`'-'may,' be 'ecrnt' ,in `the same ma►n'na`r. to ,such other' persons and addresses,•as eithar party may from time to time ideaaignate by.mail•ae provide& in this Section. B. 'Conflict -of Interest No xne ibor,, official, ''or "em layee of ` thr Agency or • t:he City shall,, have 'any 'direot, or I1ixidirect ,`interest in��th s ; Agreement, h ' "nor patrticip°te'in . sny':de►cision relating to the Agreement which ' ie prohibited- lay law'.',,- C. Warranty Pgyment of Cor�sideri�tion ' ' , .Against far Agreement ` T:he Dev6lo er' wa`rrants that it', Yiass not aid or given, and will . not paiy, or, give'; any :third .person any money or other . . �- , considerationfor 'obtaining; this Agreement. ' Dt Ncohlia�b 1 t2 of Agency ;Offaciale and Emplo, f r ..z . , � N6 .mamber, 'wfficiarl ; or employee Y of ,the Agericy : r :,the City shall" be' �ez�sariii' y lieul�le to ,4:iie Developear� .:or any: successor in' interest,' in' the event of any defaul�k qr br®ach .by the' 'XOency., or,.the City or,' ftir any. amourit ;whi`ch may `become "die' to ., ttyi' :•Developer or ,'sii'ocrse�or or , onan obii.gaitioras, under ` tlie y r , trnrs'.of thia tAgroement. ' ; , i is • ` t� �:. .. .,?�, E. r�foroed Delay ; gkiensicr'i bf Tunes of Performance.. i In, sedition to..epec.ific !provisiona of this 1 Agreement" perforutance. by either. ,arty' he�r.eunder shall not be deemed to be i in, default':where dr.'clays ':or, defaults , are due to war; ,-�.,. insurrection; strike; lock outs, riots; 'floods, earthquakes; • liras; oasuilties; acts of, God; acts of the public -enemy;- ,. epidemics; quarantine restrictions; freight embargoes; lack of I. 0 r 13-83 ,: 4298P,12273/00.' -10- JO �. { transpoiitatiOn; governmental restrictions, or priority, ; litigation (other tbsn a<ctions)�; unusually severs ,condemnation, , weather, inability to eecura necessary, labor, materials or tools; .,delitya�'of r any contractors • subcontractor' or supplier;' mata =af . thti -,other, pasty, actia on f ai lure to act of :-.any. public , • or � gbVernment�rl �►gericy oeriti �y j .an ,abnormal in.,,.,., r Y. . delay `3� 'raferred.'to therth .• tg in Sect ion W��hdt" i f Ault lof _the,;party ii cnaxtenaiontime:,to par:arreraion of timei` fc►ri`siny�~�a�toh `cause. ihil-l`'.anl be far the pdriod. of''trid `' enforced �' deliiya_,atil�.ch`:period ,eiiall ;commonce'`'toY'r��n 'from the.•t3:nte:;o ` conimencesmer�t,.�af the ' ca use . If, ,: howevrr, notice by the party , cl6bhing : eueh;: exteneian i e , aa�nt,: to the '.other party: more .than .tiiiriy (3C1) ,;days '.after •the, commencement of the cause, the, �t'fod , ehaill:cotrun4nca to �+run `only thirty : C 30) prior -to' the , ,datyar riq of':'iuch,.notica: Times' of performanc`e:,undar this , AQrggment,.May ax`so• be`,ektinded. by mutual agreement in writing executed,by the,'Agency, the.City and ttie Developer. g F. No Assignment: ,Agsncy:`and the =City "hays enter=eii `in�co 'th e .. Agreement' in ."reliance -upon %the , identity' -of bevi�lop'isr �"trid hz ,c Abilify to pe,r£o'rm. his obl,igationsun er. thia lAgre:sit' Ii. 8�►eed :.+eli ar�ca ,,and in :order ta.; reverts eculat upon,,. thi'ec r + i'on in • land ` t A u o tee s o£ :the : Redevelopment, .' �g l ' nd .to. fulfill thea►n; ; ; no p. rp 1d - ith6ut the ! assi ant -.of thi s A regiment shall be er;nI 9 p, I I ,•; prior,, written consent of the 'Agency, which consent: shall not be tinrea`sonab y %withheld. , - G , Inspecti do of ,Rooks aril Records + rD, titie34ty have ;t2ie ill ;�e ev at kh eloper' s ,+s,,.fihot;gen�y,'sind� offife; ,upon, not o1'ess !ahan •severity -two (7,2) hours' !nati'ca; at all' „reanoriikile t'imea 'prior `to''the,.recording of they finsl , , Cert'ifico G a`r, �CQ:np`lrti'ori to inspect! such of the books-, tnd.'' rtcorda'tof. the ,2?evelaper,,peir e►ininq i,to�rth� `aite',ae .wte> 4 tit. pe'r•tinent .ta the.;purpaee's`of '.this Agreement. , The t�eyeloper` 'also"'2i`as''the right it�'the' Agency! s tend `.C'i ty' a offica;upon riot le�i's., than'.',seventy- two;, hours'; '-notice, at ; %11 iriraeonable tiinea, prior to the`;' recorinq of the final Certificate of ' Cam0l'e. ion`: to . napect; the •books i`nd`-Tecords. o'f the Agency and : the: City:per�sininq. ta; trio Site as are :pertijrient to the A ree e. purpaees of this. Q' t+� zit.,. . f , PROVISION OF:FINANCING A.. provision of Finkho-ink f The City' ter the Agen .y agree to use 11thi-air best efforts ,to ' ' J1 provide fihancxr;g in are ainount sufficient to finance the costs';; 09-23�83 �. 429'S'P,/2273/00 -11-• �` y r 17. .i and Axpensesof rehabilitating the Developer .Imprpvemernta. (lncludinq the, poet of the replacement of . the 6xistinc: carports With ,eehoIosod.; g rages).. in ai. rind ,al Amount not. —to exceed . $*9060O p1er f ur-unit buildidq'ly th `. an interest - rates paid .by Develq eet riot.;. to `exceed .,6 etr,: annutri; to"ho ra aid in , equal pe X p ,, neont.'�l installments of ; princi a. and i ere: ae n .. Y P nt r set b a dr ��, a ' fifteier, ' yea, rt�ortsa►tiorr schedule ;.whici� shell be sssuiaable subject q" cy eae iblt to A eri ' s '.r n ,rev "!of the criditworthitiass ; r of nowborrower and ,provided further that aherer in no ' defaults :Hereunder, sunder, they City rehabilitation 1`oar�=.or, wi, h, f j „ ,f zss ect to othez�,,bril`igationsI� se qured by'•`the' Devt�loptr Paxcal�:' p E. ` W 9� siaal�l" be , av�i. lable no than �1 5 , days. after 1 �.: ,... . ,, ,later bui ldin�naerm to are obtained in'�. raspect � to, ;the' re .. - sand `now' dovelo me nt., of ',thie: im rovements. ,on the' Dever 'litstion � p P Pe Pay , ,., p Ag y hull assist the'.bevelo er'in o private: ' lenders funds to .construct. the new .twor bedroom ibpaininq n rovaments on %.the,, Daveluper'��rcel though the Agency is not obligated to `pr'�ids scch funda"". 8. - Aqkeism'eintl to. Cooperate „. The, Ager"cy, City 'arid Developer agre:er, that they will, as. ` regvireci;.by` }Fond -cotiisel;°; 'lender" or ''the:.underwrt'er, ,"Exam time tioe ; execsste, acin" owl'd ige:• grid.,de liver; or cause ;to be erxecuted, ackr�o�ile�dged and It eiuch agr�aments and. ' iiietiuineata as may' -reasonably be required to provide tha financing .'d.e•scribed hereir�. s c `' 7 : , ENTIRE, AGREEMENT', WAIVERS AND AMENDMENTS .t. s ' greeement may, :be "executed in ` duplicate ;6r31.gina►i r- each of w 'hi cthL,rshall be doe to.,be .an origi7nl. This,,, 13' a cs 'and four: ' Agzeem ''n � )p q �(4i e'xhibits,' ; con$titute�tY�ehir�er, wriich entire ur'derstandi�ng and agreement -of -the ',part .;rT is. Agreement-'ihteegratea all `af the terms and conditions :. ' mentioned' herein or'`incidental; hereto, ,and , gupetraedea `a..1 , ne . otiations ;or, revi'ous •gr'eaments between; this; parties with rime ect ` to ik1l,or;, any, Part. o f the sub j ect, matter hereof . waivers of the` prowiaions' of this <Agreement must"be f in 'writing' and siOned hy: the apj�roprf ate authorities' of the , Ary ttCy the City; -'or the Do"' �1oper, end a11' amendments. hereto iauet' be in. writing�i and''eigned 'by ithee. f-.� praprie�te authoxitie$ of, # the `Agency; the City.' and the Devel:opt:r. "DEVELOPER" , �.. Dated: 1983 By: '09d.1�83 '429Sp 2273 OQ.1Z� -�, ;, .err , • r , r 1 ode fr REDEVELOPMENT AGENCY , AF THE -CITY. or I NGTOh BEACH Dated: / '1983 B A an, t AT E10i A+ancy Secret ry; CITY OF ' Fi Tw I NGTON BEACH ..� ` DATED:, �� 1983 By '." S May ,Ir 1. ST � I ,.'�' , 1 "fit, t {I'r I! 'fY• .. 1 �. , .APPROVED A$! CUY�iTEIVfi APPROVED AS TO FORM,; :TG:'+ r r , .. ,Cdunse 11 1: Di victor ',Huai �- �, �, �7��8 & � Iri 1i `�, {� A envy S g pecial • , rl• `, ;trial Entepri,se ,, , - ,, :,•; '�, -AND�AV r rill t l V 1-AS,,. TO FORM" 4pPtO'VED'. l r A o y City Adafn3etratcrj Chief :, ►r. Exeut3ve Officer -, to 1 " 429SPj3273/00 '� � .. -13- - ,.. DISPOSITION AND DEVELOPMEWT AGREEMENT. betwain CI4F HM'I' T I NCTON BEACH • and' TM ,RZDZVZL0PNlZid. `AGENCY s r" OFT; E clT�r:,0�' HUNTINnTOF!,BEAr. CH K61EDO LANE PROPERTY-', � OWNERS' AS SOC 1 ATION , ^ 11 . e►rid ! Y IM A V I DUAL , ICOLEDO LAMB PROPERTY UWNERS y ' tio relatin !ZW I LYTAT I4N .,k'iTHI N THE OAWI EW ,PROJECT AREA'' jj �, :�,T IIS h(�l�L 'IKBNT ia,,.ent�red into.byi and. hetwisn STYE �ABUEVELOP&M AGENCY . 0F� r THE C I TF : HUNT I NGTON •. BLAdR 1:; a pub 11 c , <bodygahcy j; tie CI7Y,,6k, HUNTINGT0N BEACH f a iu;hi'ci al corpoirat'i`bn. (the, "City. j', KOLEDO, •LANE ' PROP RTY' 0'W $ tS� SSOCIATidit' a Califa`rni ±,tioti� rafit'-:nutual i n 'fi't,' co` rratfc�n ,. "Asisogi� tinn" and; EUCE�:"CAMPBELL;• ,, ERR%Y B T hL ,![TrICL ` I t , . 8UR JaHN.:; LAN AYYAD �' C:3b31� RR I TO, . `,'JACK ', APCDACA, , ILL .DORY, ORATia CE L"�fMAN;> GMEIER, ;,` �! AL, '.LES;TERt STEWART . JO i CH I V ?, i�Y- NC �,NGVYERV, SA I NCB ' Sao � K I M ,and JUL I E CI`iM MAY T . � 4114 'Loup V CHAN `,(,indiVittually` referred 'to h6rein .ass "Owner` ;atd +c�iilectivel ,refeirr* to ,air: the "Owners") The'Agency, the City,,"" .the :'l 000cii►tioii snd the Ownare .Agree ' as follower-: l' SU$JECT'-AGREEMENT li ,., ` ' r !+'.1r+ 111'rr a3 rli ' .I .�• +•• , r �►, �P_ uraoaee:,.of the &greement r. `i,11 �A"purpo'se' of, this,tA`greement i.'a to `effsctuat the` I, RideVe"14 ie t'Plar. `(04 "Redevelopiie nt plan" ,f'or a portion 'of th'e, Oakv.14 'i'4tmde' isl'o erit rPro ect Area tha Nro 'ect' Arsa" r ;� prow inq: `for. t]Ye .td 'epasitiori; and `davalopmerlt '-''af: a p rti!�n off she'' P :r� jsct .Ar®ar"; the "Ea'sefient ParGtl") , which, Project Area. is :defined in th Re 'ev lap ent Plan. The dovalop Cant of the Eesiment ; Psrcel•.- ursuanr. to thia Agreement- and the fu1�Ei-1lmen ,.. ,. I- t. an�r�illy ;of 'triia, Agresm+ lit ara in the meat intarea e ' f ,the City of DAntingtc►n,' Batch ; and the walfRz�e of 'its r�atii��enta, and'� ;in accordance Friththe, public purpaaam and �proviaiorim .cif r applicable fed*iil, at*te and local]. laws. and ragi3i�.•emdnts. B,. The led�ayalo mant' pl$n t: r, Aqr dmarit ig pub jei t -to th' prnviBians of'..tbes Redev lApn►ei t , Plan which-,,w_as app"rov'ed`��'and adopted on Novqtmber• 1, t] �*':Cit Council of the City of Huntington Beach b Y y ' Y' Ordinance No- 2!582: The'Redevelopment Plan is incorporated ,,herein and made a part h4r, oof by this reference. r' a • I 4 NN It DISPOSITION AND DEVZLOPN3!g.,A0REEKENT be Wean C x Z"Y `OF HUNT I NGT :1, BEACH endr - THE ;;'REDEVELOPMENT . AGENCY t 7 OF THE CITY OF ::iiUNT I I�GTON BEACH �._ '' t 1 1 . :;,:•: , ..; . ;:. LANE aP OWNERS KOL�O 'PR SIiT�r'': ' ASSOCIATION and xNDIVIDUAIL KOLA, _LAN'E �rROPERTY Gi�iNERS r' :reiatingl to RMM N ' W t ' ' • - ILITATIO WITHIN THE OAKVIEW "PROJECT AREA f, .Ti{I Iy A{ `RER�t$�t� i `4 Ci !'pis eriterre�1' into Dy ' acids beitwe`en`�THE li�EVELOI'IN'1� !;_AGENCY OF THE; ;CITY: OP BUNT INGTON �sEACx, . ;;a ti pub l i baby; carpr�ite` snd pbli`( �OF t1iLTNT C NG • t tic; ; "Ags c y.-") , �'�>the CITY.. � _ : I TON BEAck ` t�miinidipa rper`ati`an� _ tihe 'City" ), ,y, f�0 f 4 rr iSc�trlA� a KOLE PROP1RT OWNERS 1 r - utu i OWNERS,,., -l�ri,r; a: Ca �fo riia `lion pr.o�itr�m IT �nP r �rziefit cax-porntio ('"Arsoci�ation�' ' 'and 4a 1, ,'IsILI;;+_NUWCE ,ELL rDORY ,ORATi'U CER tITd, "JACKz AI'bDACA, L►N ''SVRIEA;OHN WHELI�iN ; AYYAD" GHOBRIAL; , LESS,+{STLWAR + JOEII�i I I V ,'' , KY= ICOC ; NGLTyki , SrP► I NG SOC K;I M `,' rid' JU L I E 'CI•I1 N , ;MAY er _ �'Hi�►t� arid''LYi�tAN' CH�►N (,iridvi:due'�1'y-.t refeirred',to' 'heriiz117"e8 i►hd ;'coctival "refa`rred r,to ` a� °'the "Owners") .The Agency ; the ; CitrV! the; 1�esoc�la' ' i-an d'=tht 6�&4"ra, agree ►ef0llowai L? ' SUBJECT AGREEMENT A. ° f u�ose of the A��;ebment ,, ' ' ' R+ ,, ,girt {t �(I_ , i ''r7.r .U:.'r �AIs'..,}S•7, .1'%1 7� i':,57 1 - �. ,i i )��L• .t.�i. ,!, t � The purl `' n s t .e� f�hs�$ . t ',. ' _.: .•1�•+{.;.}, •!•, .. .'i'.l., iJ .t!S ',.uJ12 :t,N �m �a: a. .;;,, ", ar ,. ,. ii Q �, Or`� to �i '•Wi1� ? f'• I: -t ( Redeve opment• Plan (thej ,_Ri1' vel'tipt en ,' .lanl , ��ft►r` �► .purt��ois of ,r ti e Oakvw IiedsveYo ent �Prc; ect :Area `: •the't "P,ra 't��t Arid ,): b th �v ►, rovid3n r► t.e die as :a� a$ pot'tit►n;"af 'ti p `ticzir, a�d'fd�vsc �.• • ie 1 •r• 1) t 'l r l , ` ;tries Proj�c A ei the; nEaae�nw lt" •r`i I7ArVI t + {{)) >efi� ! �.� I ., ''•rt= I,YA " 1 _` ; ,.,` 1 i� < i r' cc. '- �.! i ( `• .t had:, ;ire` 'th s Redevailopmant. Pia'h Thel:':deV►elogmetit of -' the,, 7 '" ! i iieaealent. Parce`1•` � raue�»t`'` a0 tl t6 Ao reemgiht ,- 'end tote ''fulfi l lmoi t gone a'f`;thia 'A'',roekment',; re i,n .the`­bee'et` ,intersatri :af h,j',, , Cof ,Hntin toz� 8e�ch`' and the welfare �ts'� +residents; aricl y Cori an�a' with 13c p rpd ►e�', grid p tis ; 6f, 1 ravr p' lic cable, '.federal; '`eti►t !4nd, 10' cg 'laws and' requirements. ` B • . Tl`is:'' Redevelome_x� .. Puri ' This `A4 r'so rent `is sari j ict to the '`provisei ins, oaf Rodove opinent 'Plsu which was,'approved an d', adopted on I�ovem.as�.•. 1, 1, af�-the:-fit :c , 1 8� ti a 1 • Y, f Huri� �iqt' t1 1 � , .b�► ehe ,Cf•tx Council, +1 •4,,;, _ _ Ordinanoe • 58� . ,�:'.�e�Redevelopment�' Plan is �incorpiiritct ' •• herein "and! made'i'•'part' 'hered f by,this re trance. ., ' �— - ---'1,�`i --�" _-' rfl, .. .,. 1. ,+ .. :, •' ....-.•.,.. _u-...,.- ._,..•':... .. _.rd..., r..-.0 _r ,,..i�aslr ^,. The Agency. Parcel The Easement Parcel is that portion of the Project Area corunoiziy known as Koledo Lane,, whi!c:h is currently used as a Public.- street and £or`.public utility purposes, The City will commence proceedings to vacate ''.ts interest,in the Eaaentent Parc:sl ' as a public str,'et and the Owners will ` concurrently convex a landscape and construction eas,-ment in:Koledo Lane to r the .agency in order fort t.he, Agency to fulfill its obligations under this Agreement. ;The Agency City will'construct certain landscape,, surface parking and recreational im,���oveartc ar, .the Easement Parcel ( the "Agency Improvements") , its interest in the 'Easement Parcel t6 the Associthe completion of said improvements and grade and.,resurfact the existing,. parking areas located on the i'nhdiv iduai lotr- - as shown on the "Development Site Map" attached., hereto as' Attacluitent and,the preliminary architectural dr:,win'gs,prepLred by Agency and ieviewed by the Owners up to the . tbxi sting alleys all at Agency,'s sole cost and expense as set forth In this F.greement. The "Development Site Map" ittache' d hereto -ies 'Attachment' 1 showe 'the Easem:pnt Parcel ' that will be .,developefl.,pursuant to thi s Agreement. The real proper! y applirt nan ;to .:tfie, Easement Parcel is currently improved with individual four unit rental' strucItures which will be rehabilitated and", de- cef6ped in , '•accordance.- with those certain Owner Yarti'cipitiori 'Agreements ., bet;weer. the Agency, the City`, end the.; Gwnera. Saici':real. property is referred to herein at times the he IlDdVe,loper ag the. Deb Parcels and the Developer parcels and t Parcel`'are Cal1.eCtively referred to herein at times:, a .,tlie "Site" .. T1.►? parties_ hereto intend that the :work of imprflvement, and ' � d, real Parcebe coordina ecl,,with the rehab�,lttatio..� of e..a., property. • ,t de�elo merit of the � rmonioua drve'1 p �' ' as required• by thi Ageement-'so as to result in an ha 1opment of the Site an a multi-family,rental project with adjacent c4mmorl area park: &I rig anti' open: space facilities. D.''. Parties to the Agreement (1) Tile A ,Rnc �,. The Agency is a. 'public body, corporate and.,politic, " exerc6in�ental funrt,3oria ar..pawers and organized and, c existing. under ComunityRedevelopment Law of the St&ts Of:` California. The principal office of the Agency is located at. Civic, Canter, 2000 Main Street, Huntington Beach,'California 92648. " ,+ "Agency" as used,, in ®ment ,:inc �ids „Agra d t Rpdmvelapmen't Agency"" the City °of Huntington Beach and any seal nee of 'or- succe. rig+7r to,its rl ht 1 q 9 , powers and !+ , responsibilities. 09-13-52 '�,. 1. 4425P/227 3AP ' r+•• 1. �'i ti �1 (2) The City The City is a municipal corporation organized and existing under the laws of the S,t.ate of California`; and its Charter. The principal office of '+he, Ci.ty is located at Civic Center, 2000 Main Strent, Huntington Beach, ICalifornia 92648. "City", as u a e d in this Agreement, . means he City o€, - Huntingtor:, Beach and 4'n' y assignee. of, ar successor t6 its 'powers rights, and reponsibiaities.. ' ,(3) The' Association , The, Association is the Koledn Lane Property Owners' F:1 Associat: on, s Calif6rinia non-profit mutual benefit "corporation. The prl ncipal office of the Association for purposeo -of this kgrreement i8 ' W .eneve~ the: term "Association"` is used ,harein, Bauch term steal l;.•.include any nomiree, assignee or, successor -'in in' terest :�,to the' Asfeac; ation as permitted herein. ' �,. , (4) The owners.. ,- j:• , The,, Owners , are all individually owners : of fee simple title fn and "to the, Parcels: aind ar'e all of ,the members of they A$eooiat..on The principal'; 'office of ,the Gwners far uruo ssa' � o£ ` thi sx;, A reement i s rtl. p y g �!le principal office described above for. the ,Association. +- Whenever the term. Owners Is used herein, such tarm sha l include any nominee, aAsianee; or . esuccessor in interest to'tne' .. respective owners I a9' perm; ;;tea 'herein. r 2 : GRAt4T. OF. i EASEMENT• IN THE. EASEMENT PARCEL TO ' AGLNCY AND CONVEYANCE THEREOF TO ASSCPCIATION U pro'ceedingri laikding to the P%,n the completion' - , vacation of; o11ane ass' a !b icystreet;;,, each ' *iier Shall' .r . t : coiwe a : ieZ�siaCa a arsd .constru }�. p i:tinn: = easement to.- Agency. by:. sasemcait .cteed''silzlbeMantially'in the •Jforr±; cttachod`:hereto',a� �, %tt�ichmint No. 3'A. ; Upon the � r�aset :,forth in' the Schodule N of � / 1 Ferfo ' ., hereto as At xns�nce r tAchmcnii'tsh�sl�a1ccn�s ' • r�to grated h~a`chtd eni.e arid J�' ardizi by. refev 9 n " ,�.' v id y ` y . des n sb �. daaimenw;; or the Assoc ati'6 t� by, :the` a� aigtutnent of , ,.r a 'serer'ii� 4 rlebrtalitiaz:lY in the form attac. ac:, : here o as. . Attacilient No;,- SB and 'the Owners hereby give, their sanxent, to • ,: � laid aesigT• ent . �� '- r . , . 1 : I r, �9 13;!3 - /l • 2 1 IIv�ryry l t •. 1 3: COND17TONS PRECEDENT TO.OBLIGATIONS OF AGENCY AND ASSOCIATION The parties' obligations hereunder are subject to the fulfillment of thr, following conditi 1 e precedent: i8►, Execution of this Agreement iby all Owners. B.• Subi.rdination by all 'holders of security interests i the Develu'par Pa7cce"1a, to the conditions, covenants and I . restrictions described hhreinafter. Approval of the rehabilitation .loan by the City as ' described in Section GA of the Owner Participation' Agreement®. D. Street vacation of, Koledo' Lane by the 'City if `such is the case following a public'hear�ing thereon. E: . Developts Parcel line adjustment by the City as' described herainafter, 4. CONDITION 07 T HE EASEMENT, PARCEL, f -,,The Agency' a, interest in the 'Eas'ement Parcel Oha:l'l be conveyed by the ''.�yeney t� the Aaaoci'�ation wath'the Agesi(:y' � X�+pro•�eme�itos installed ra! d,';.onstrUr_ted ther`eon.'' Agency hrireby ''disclaims any warranty,�`',either express or;;:implied,• regarding the. Condition 'of -'the Eamement PArcel ' and the development of the�- ' �.:.A.grcy Improvements thereon con=mplated by his , 'Agroement. S DEVELOPMENT'OP THE -EASEMENT PARCEL A., Sco ),e of Development: , .;< ' The Ea�emen�t Percal. shall be' --developed with the Agency Improvements at , the, ,,sole cost 'and expense, of 'the Agency`,in ccrrdina►tion with 'tiie balance o£ the Sita purBuant- to the Owner Par't�6ipati'on �AgreemEnts raterred` to , herofnabove' within ''the ,. q ed 'i'n the . i�edeve� l opm'ent flan,; thi s m� A ,r, Bement and the Sco �.,a .. an8 es s pe �f Development �►ttia'hod aierbto as Attachmarit-, A06, 4 , and incorporated herein. by reference'. B.: site Plan j Wi'thin tiriea 'Sot fot�thi,;in.,,tha `Schedule `of"performanc• the �1 ancy: 11 •prepare rind auiimit to ' the ki, ociation `for.. approval : a,, aft ! .plawand 'related documonta' contaf ninw,.tlie o lersll plan far. dev�rlopment of the site' '(hereiriefter' •the "Site, plaii";), which' approval ``shall hate unreioonakily withheld.e kite Plan shall be in-, accardanre with the JtUnti.ngton Beach s;t Ordinance Code and shall, show the general location of improvasnents as they are to be initially constructed upon ;:he Site, including parking facilities, --landscaping, and the' boundaries of the Site as they relate .�to the ultimate develppment;of surrounding streets. The Site shall be developed anj.'genernlly established in `tithe Owner Participation Agresment _ze,.1q;,irred to. hereinaL• eve, thl�s Agreement, the Site Plan and related documents except as changestnay be mutually agreed upon betv,evn the Association and ,the Agency. , Any such changes in concern. shall be within the limitations of the Gcupe of De've lopment , fr C. Construction. Drawings and Related Documents The Agency shall prepst;re and submit complete .conxtruction (working) drawings and related documents, including lando6api�ng and- fini•`ah gre'ding plan, for d6velopment , of the Easement ' Parcr,4 to the Assssociaiion for review and approval as ,%nd at the,. times" established in„the Schedule: of `Performance. The Association' approval of :said constrsx�:tiou,"(working) drawings sihall 'not" -,be �srsredssonably withheld. s Durinq the prepAras tion of all-draw'ingg and plans,'the r-ity/Agency and,the:Association shall hold regular progress, meetingsa� to coord ngte . the . pr�eFaration of, submission to, and review.•.of plans and ' related documents by the City/Agency.,.;.: .,The City/Agency and, the Association shall communicate and , conssul.t informally, az frequently;i.ass. in nac.essaary to' insure that the ►� fo~mal:, submittal of sas►ny, documents to- the City/Agency call Tsceiya, provjpt and rapid considerati;ozi. 'D. Association Aptra►al of P1`l.n�s. Drawer , and Related Documents S166 j ct, to they twrmss : of, ,this Agreement, the . Association c ' shallhave the' right of architectural review of all plans and ssubmisssionss, ` including any changes therein. .:. The Association shall app>rove- or) disapprove'; the 'plans, q e t` es esstabli s1' d iri'"t"lle asmd sdrawin 4a ,;and- related documents referred to `in Sections; 58 5C of thi' Agreemett�t within th im . _ aid' bans dra in achrave�c�rfdfssaf�rvve�an ;�QfesAssssepiatioz�'a: faszQurd,� to ,tither ••, .. �p PP y say and related • ..:.!documents within .tries •required. time period shall Abe ddemed ar►n. approval of said' plans, drawings and related. documents. Army ' dirapprorre►1` i6n11;;,state„ in ,writing the reasons• for d sapproval, and ti'itF,Clialygsssse!'aw i'iaryii,the 'As'ssociation requ ate be: made. Such } nt with the Scope o Day'ilos " ent andhank ' i temam�lrevious arias F X, PP, i, .: •,,•.:P�, y wed `"oupox, recei. "t PP y , Agency. Th+r Agency.; on r' ed as ro�►ed' hereunder b t2ie' r p 'of a ,., dissapprovali.b&Wed') upon powers res'served .by ` the; Association with respect to the Site Plan, shall" revises thy: Site Plan,:and as to other plans and drawings shall revise such po•rt-.ions as are in conflict with the Site Plan and related documents and resubmit to the Association as soon as possible'after receipt of the notice.of disapproval. U."the Agency desires to. make aay substantial change ' in the::complete construction (working) drawings.after their approv'41 by., the: Association, the Agency shall submit the proposed change to the Association, -for its approval. If "the pomplete construction,(working) drawings as -modified by the proposed, change conform to thy: , requirements of Section SC of this Agreement and the Scope of Development,. the Association 'shall 4pr9ve, or disapprove the proposed change and notify the Agency within, 45 clays:_after submission to the Association. Any disapprcval shall set forth in detail the reasons therefor. E. Cbst of 'Construction The cost of developing and constructing .all, on -site and'. off,�;iite' improvements relating to the Easement Parcel shall',be borne by the' Agency and the City. P: Schedule of Performance The Agency ahalpromptly begin l' andriht'!reafter diligently comploe'. all cbnstruc;tion and, development within`�the i time"is ` specified. in .the Schedule �o is • •.Parso � rmanceor such reaonable - extensi'on. of aai;d. da tes as maitbe granted :by the "Association. revision from time to time as mut uklly ad d greeupoz The Schedule. ofPerf orrr�ance, i subject- to in"writing between the 'Associ9.tiori, and the Age ndy : , �l to C: City and Other Governmental Hgency Permits Before commencement' orf Construction, -or development of :any W-r Parceluoeeor other:; woe, or .improvementnc ushal1h,,Easeme' t r any portion .nez eof. the ..Ag y secure or cause to be "secured. any;: and,�ell , permits and approvals at''its sc•le r; cast and expense inc udi`ng,, without limitation, compliance with, the California Env ' nmenta1 � rQuality Act of 21370 (CEQA) which May be- re i,reid)`*• the 'Ci'ty . or ,any other ,*io rnmental agency • mZfe6tedl.by such construction, development or'work.'• The Association. shall 'provide;.all reasonable assista:.ce_ to: the Agency -in- securing such -permits and . $rprcvale. -; In,, -the +a��ent. ,�►�n�► p�"oposaa change in the plans fot .I3e lI , ' improvements �.�pnLhe:,E�►Eement Parcel. would ' require �s new 'EIk or a„supplemaht thtret6" A ens agrees to.take.such steps as shall be, necess#;V!,'to .prepare: the, soma and .to cauk)e it Ito' be considered ' and 'approved as reg1Ared by CEgA 0g='11-83 , 4425P,/2273%00 _5� H. Association Rights of ACCeBB During Construction Representatives of the Asscci.ation shall have the reasonable riyht of ac,.e.as to the Easement Parcel without chargi*s or foes, ' at normsl construction hoars ' during the period of construction for the purposea of this Agreement, including but nOt limited to the: inspection of the work being 'performed in -constructing the improvements. I. CC&Rs Upon,' conveyance of . the easement by ,thee Agency to the Ass3ociation, the`,Agei-icy ,shall record the CC&Rs attached hereto as R"�tachment No. and incorporated herein by reference. J . Local, trate and Federal. Laws ' <4Kgency shall carry out the construction of the . improvementfs baing'`developed.by it 'on the Easement Parcel as'a party to this Agz'a avpnt in conformity with all apjti;:icr�}ale laws, including all ! ej; pllcable' federal and state labor stzndards.: During Construction. . The artier hereto far them*elution of; �m rovemer,ts •:.,nd p es and their -successors a arovide& for .'in• this Agreement,,,, the {' p � , signs agree that in the ccns euc t p ,� ,- Q , partie�s,;here�ta will not . discriminate against'any 'r'.ir�;.oyme or applicant'.for employment' b4causm 'of raced colon',. creed,' maritzil 3tatus,, -age, religion, f{ handicap',',,,, sex,..'' national. origin; or a►ncastry. �L.. Taxes, 'Assessment's,, Lncumbraiic:es , and: Liens TAe Association `shall pay ,when due all" real; property taxes and assessments asses4ed or levied on the Easement Parcel asubemcduent to: cd avayance of an'''easement theriin by 'Agency an �dee &ribed ,in Section 2 hereof: 6. USE or THE SITE A. .),usee (t11 ` Th. Aiasocist'on.;.and the' Owntirs covenant and'%agree " for theiasslwes, • succi'ssors," its -assigns and -'*very'' successor, in h a n , ir►teriit than.; e: As�icci tion and, the, ©wnerr. ;end `:ouch .sucCe soar , and :. a�uch` a�isignees : shall"'deV6te ;the Eai�ement Parc`l ;,to. the 489d""O cifiNd; if, any, ;in tti-R&ideveiCPmt �Plari. "wir' , �►Qieel�t' aildthe eaad�ner�t,'daed attached 'hereto d) 'AttiChEtlent 38 'mod Cec1a►r�ition 'c►f 'ro versants, CoCoit'tione 'd { r, Re �ri�cti&ens. The`,i.esociatiori and' the 'own*rs shall de�tote ,the ' :► Eoaeasnt,�ircel;'�ta recreational, open -space' and surfaee''•parktnq purposes for the duration of the Redevelopment plan, as such Redevelopment Pian may be amended from time to time.- B.. Obligation to Refrain .frown Discrimiiiation There shall be ;no discrimination against or segrecf;gtion of any perarn,: or `group of persona, on account of sex, rac'fii color, , cread, marital status, age, religion, handicap;' ng;�.ional origin or ancestry., in the enjoyment of tLe Lasement Krcs;l; .nor shale the Association nor the dwners..hemselves or any person cla3.miiag under or though them establ{ sh, car permit any such practice or practices of discrimination or segregation with raference to..the selection, location, number, use or occupanc,;{ of tenanta, lessens, subtenants, sublessees, or vendees of the Site or any portion thereof. C. Form of Ir'or,,liscrimination and Nonsegrega tion Clauses The 'Association and -the, Owners- shall refrain from restricting tli'e '"rental, sale,, gr lease of the Easenen Parcel or any'"porti.ow. thereof :. on the liasis of sex,: 'race, age, religion, handicap, marital status, color:, creed, ancestry or, national o:igin'�Iof any, person. All such ,Deeds, leases °or contracts shall con ain ot be subject to substantially the following roiidi�criu.'ination or-';ionsegregation clauses: -2. in. deedt`-,� ,"The . grantee herein c'o' enarits by ;ai d fcr.hiisiself of, hori*ealf, their, heirs', mxscutora, administrators, and arssigns, and all persons claiming' under or through thre ation ofem, "that,there .shall be � rio diecrimxnatiun ... agaln.wt or se 9 an Y person or group `cf pQrao:I;t on''account of eex,..r•ace.. age, religion, . handicap, marital a', ,national origin oranceatr y •'; statue, color, cased; in they aa1e, lease, subieaea 6�, trnsfer;use, orcup'ancy, tenures or enjoumaent of the -.:land herein conveyed, nor shall the t�11 trantee hi n y p, claiming under or . m elf�.or herself or any arson grantee hims or her', establish or.-permit<any such practice ' � .. ction ation number; with .' . or, practices 'of discrimination, or segregation referenr a to the rfele ' loc occupancy oU tenarits, „1'esmee r; use or s, oiUbtenants, sublessees or, r 1 covenants=1shalll�the I u� w�rein• G�oriveyed. The � forrgoing _ th , the l and . " 2. In';laa►'3isd:; "Thee 'lesseeherein. covenant a by,, and' for .,himself' or herself, their' heirs; executors,, ' clsiirig�ridr�tr��i� e��mor othroughhm`orherardths-leas1'smade s ..}a : upon , :.1 sub ectto ..the fa'1i'oaing conditions: -fiat there rhal1!te no .di'scrimination`:againdt- or' segregation of,, any person or, graup,;of , persons on account•:. of sex, rarce,� color, creed, age, ` r iigion . , hatnd ca t, rnaritAl status . nitionAl p origin -or "Ancestry. in the leasing, subleasing, transferring, 09.33-03 ` 4'425P/2 x 73/00 ..8 ., f use, or enjoyment of the land herein le>r-Aed, nor sbaa l the lessee himself or -herself., or any person "clai.!ning under or througlo them, establia3h or permit any such prat:tice or pt: actices t of discrimination or segregation with reference t¢ the selection, location, 'Number, use or occupancy of ` tenants, leKsees, sublessees, subtenants or vendeet3 in the ' land herein leaned." in contracts; "There shall be no 'di`scrimination ,r against or segregation of, any person, ar group persons on account of sex ra'ace,."color, creed, age, religion, handicap, marital ntaatuas, national origin or ancestry in , , t tenure the sale leai�se, cubleasas, transfer, use, occupancy, or Nnjoyment of the land, no shall the transferee himself or h'earsel£ or arty person claiming ,under or through them, establish o,x permit any, such pract;�jce or praaic:t3ce a of discrimination or segregation with 4teftrence to the selection., location, number, use or.occupancy of tenants, Lessees,; subtenants, sublessees or y'eardees of the land." D. Effe:cs"t and Duration`of CoveiiVAte ,; :•� -.,its, 9ht3restin the imp rove: .,After the Agency onveyat • Easement Parbe1:5,to-'whe'; Association as require, by,,. -Section 2 hereof, all nf' the "terms, ' covenants, agreements or, conditions set forth ir. -thl's Agreoament �lelating to the' Easement' Parcel ashal l "'tense andj!tfermina►te excepting only' -the following provisi�_"na„which shall survive as follows in accordance with their provisions : r:. 1. Section 6A ' ' ( relating to Uses) shall. rema n,, in , effect until the termination dates of the`'IOdevolapinent Plan as suct+ Plan .may be amended from' -time to time by proper _amerdtaent thereto . Section 6B and."6C �'relafiing to A�ntidiecrimina- t1on) 'ahall remain �,.n effect in perpetuity. ahaakll�r'emainrin�effe�'tet��th tag Defaults: and I�emedieaa� ' g' ) e extent nece�soaryi ta, enforce other ,provisi'ong of this Agreement to tfie extentsuch provisions have survived ao►s , set - forth in this Section 6. E.- ,,Public Agtenc' Ri hts of Accaas --fo- Cdnstructi:bin, Rey air< and Maintenance. of Public i mprayetfinent,3 and �'acilxti"es `; G fih Agency for f taaewlf, rand for. they, C.ty;•of i3untnito>n Seaich swim other��.public;, agenoiei, fait thair' sa14 rink.-tand, axpenac,i' ' reaereatr.7eaeti I theta : aright. to' . enteawr t.�ie Easement' parcel air !4any„part. . ;..c thereof Kt. all' rea t'Snablea . timers aand w'hth`r! i _v'"littl`e intirfe:yrairnee t �A& Possible, Ioi "fihe purposes of construction; r+econastructibrks . 09;=13-83 442�Pj217 %Oq; 4.9. 'i 1] `,; .. I'' a +,'tt .. 1 '.•t ..1• .. " i 1 amok 1, 1 maintenance, repair or service of any public 'improvements or: public facilities located :oin the Easement Parcel. Any such entry, shall be >r0de only after reasonable notice to the Association, and Agency shall indemnify and hold the ,Association harmless from any claims or liabilities pertaining "to any entry. Any damage or injury to the Easement Parcel or improvements thereon resulting from such entry shall be promptly.repaired.at the sole expense of the public agency responsible for the entry. 7. DEFAULTS, REMEDIES. AND TER MINATION A. Defaults---- General V.iubljoctl._.to.'the extensions "of time set forth in Section BE, ,fahure or elay by either party to perform any term or,,;,' pra�ri sions of this Agreement within the titre provided herein particularly;, the Schedule of: Perforiitance, constitut%as a default ,unde r thin Agreement. The party who so fails�;or delay's must immediatrely commence to cure, correct, or remay such . failure or delay, and shall ;.complete such cure, correction or remedy with reasonable 3iligence and during any per''od 'of curingshall not be in default. The, injured party seal give written .notice rif default to the- party 'in default, specifying the difault;,cor�iplained of by the injurmd party. Failure or :';de:iay , in qi �►irig� `euch ' notice: afi 1.1 not constitute a. waiVW& of any default;, 4Aor eh$11 it change` the timo ,of default. `Sxcept± as ' ct:Eera i sa expressly ;provided in this, Agreement, , any,. fai lurer:,`,or;; do11. _1 by esitheer . party ' in ' asseit:ing any of its rights or . reamddiso as to any default shall not. operate.:,as a Waiver.'of any,default or of tiny such, rights•,,or remedies or deprive„ either such; panty of its- right ,to .institute and, maintain .any actions or proceedings,which it may deem* necessary `` to protect, a�' se:rt or enforce- any such rights or re-medi p 8, . Legal A: ti ons (1) Institution 'ofLegal Actions 1430ctl to -'the pxovisions of, Section- IF of this Agseement in ,addi'tj c�i�' to ,any ether,, rights :or remedied, either party may r; , inailiute legal' � ectVni' to, 6uxd,,, ' correct or re tn.eydy any .deefauit, '' tc�;;irecover de►tnagda ;for any default, or -'to obtain -any other,'' C,lremetiy, consistent with the. 'purpose: of this ,Aq reement:: Such 'ls tl '.actions MV-St. be instituted in , the, Superior. -Court l of tlia an County: of C�rarige, .t:te' ar. California,, in �eppropriaite Muni clpal`� court,•�-f rt . thr r , County+, or in the ft"4 ral ?li str, �ct '"ourt in- the Cantral Di.atrict o f California. 425p, 2273/00 =10- VW.4k v ,?) AA. Flicable Law The laws of the State of California shall govern the interpretation and enforr:imeenfi of this Agreement. (3) Acceptance of Sarvice of Process In the event that,any legal action is commenced by the Association against the Agency, service of process on the Agency shall be made by personal service upon -the Chairman, Chief Executive Officer or Secretary of'the Agency, or in such other;.manner as may be provided by law. In the:.event that., ia' y legal action is ,commenced by the: Agency against tha Association, service of process on the Association shall be made in such manner as may be provided by law, whether made r:ithin or without the State of California. C. nights and Remedies are Cumulative Except as otherwise expressly stated in this Agreement, the rights and remedies. of. ,the pa,' -,ties area cumulative, and the exercise by � eithvjr party .nf: one or more of such ri.ghta. or remedies shall'nat preclude the exercise by it, at the same time or. -di ffe-re'n•t times,:, or any other riahtr,, or:; wAmediea , for the same default, or any other default by the- other party. D. .Damages ,J Exceptas as to, termination as provided,, in Section­7F, it either' -.the Aseoc 'atioii'-the City; the Owners or the Agency "d fauLis' with re4ard" 'to' ariy of tine `rrovis3 on6 of" this Agreement, the riUndefaulting part; , shall serve, - written notice` of such default ; upon a the de faulting .ratty, , If. they ,d�ifavlt' is ndt;;cured or commenced to' be cured,by oth fthe, auol•tii cjl party within thirty `(36) days after servicetine;, of default, the 'defaulting party shall: -be liable to thee„ other r�hrty,..for any sussed by auch ;default and the nonde�faulti-ng -party mty thereafter '(but not before)- commence an action-foz� damages rcrainbt the defaulting party with respect to,such default. E. Specific. Performance --- .;,Except an to; termination- as provided -in Se ctiorY 7F, if either � RU"he Assoc A'ti on, the City, they owners or the ,Agency 44ei�lts:"under eny. of,;the •provi►Mond 'oW; thig Agreement, t:h® hone efa 9 P default, ultin arty, ei�all serves. written , natic:e of , ieuch.,,de upon ;the , dsfaul,ting party. If the .default, i s;,'not ',Commenc*d' to beer cured 'bye: the"! dig eult `n part ith f i q . y ' w in .thirty, "(30 ) dAays. ;o' service. of: 'the' notici of default, thin non ' 'taultiriq party' at �ftex but not bel'o u comterice sn •ctiori , i cs o tit►n ma - � farmd ( .T ) .,, Y ?�ex•e� spCific pe ^ nce. on they tefn�' cf this::ASirre�tent a5r-�13 4425P/2273/00,.C. [- •'' . _.._�.. _. r , ` "_'�.: '." �I '_. ,'. .._ __ _ . _: i ' ; _. �. _.� ...._• __.:,.._ ..,�.._....�:,.. rf a.,..4,,..,t,d :1.: •; i.ri:;S:�i,-,k,i'.1 1 • AS 1 ' 1 a E. Remedies and Rights of Termination „ ,t 1 (1) Termination by Asscciation „ The Association at its option may terminate this Agr�aement .. i if the Agency does not tender 6onveyatnce of the easement to . Easement Parcel as referred to in Section 2 her. eof , , in ,the " : meenner and condition, and by the dates provideij in this Agreement, and'any such failure is not cured within thy.::cy,(30) i days after Written demand by the Association in which Giese t.-'Isith r party,, shall."have any 'further. rights or 'Liabilities ,- against the other : (2). Termination by Agency `st ( he Agency its option may terminate this Agreement if, the A soc'iition improperly as,signa, ort attempts to asmign this Agreement (or any rights therein) or the - ' Easement Parcel (or- any -.rights therein) in violation '6f;, this Agreement. .The._parties shall, have no, 'further ri;ihts or '? 3.ablities against the _other except tine 'Agency. triay �; • .' le►w, or , equity or as _. nY Y othe��iaeaprovidcd � inmthisaF.��reempntat _ b The A enc at.it9 o tion m ��" -terminate this � g Y P ....,. .1 Agreetr. ant_ a f �, i� on ' sati $za:ction of all ronaltione ''prece:dent r one rre. "p o A�srso . }. a .d c u .1t t ciation's obligation'under this Agreemonit, the Aszociati. ' n does• not, �.in breach hereof, accept the easement with respect.to the: Easement Parcel conveyance, ,Y .'And such breach , under tendex of conve a Agency, b30 . . ,.,. ;;. . rte da'As"ifterathe' date i e ,,'not W cured within, thi Y ( ) Y of ,: written. demand. The• pa rtie:s-'shall, have no :further rights fir' liadbilitiee againit,'the other except- the Agency may exbrciej ainf 'other remedy available at law or equity or, as otherwise ,provided in"this %greement, ' + (C) -The 'kgency tat itF option may t r~minaNte bill Agreement it' iiiy, Owner materially",defaultes in f.ta _. r obligation under its respective _0-,Wner Participation ,` Agreement with`,the" `'City `and the. Agency,!f"ai h3 neither party ' _ hereto shall have any further rights ax'liabilitieo,towards each other hereunder. - (d i' ' ha Agency ; it' its option, '` may teiminarte this- A reeman � lure o&,,�a.,canditio q . � 'n precedent , ,). , l. ..-'�f within n the time�set Jrfth�in the .Schedule of Performance;4 , Gild' nsriibeir-'part hereto shetll have .any' further rights o ' y liibi`lities towards arty other, party hereunder. G: Rita 'of keentry 4oncy ahaIl haov�r t�lta sdditianiL r `�, ,Y n 9 i hl att its option r to: reenter fjarid taks 'possession of the'' ka sement�Farrel or,:a 09+13-83, r' 4's25P/2273/00 r. , portion thereof, with all improvements thereon, and revest in ''the Agency the estate theretofore conveyed to the Association, if'Rfter conveyaA"'ce of the easement referred to in Section 2 hereof to the Assoc;iatien; the Association (or its successors in interest'witb respect to such portion) shall,,in violation of its for their) covenants under this Agr•eemert,'but subject to the provisions of Section ate:, transfer, or` suffear any involuntary' (transfer of thir Easement Parcel or';'portion thereof, in violation of this Agreement:. Such right to reenter and :,'1: spo s fe ss shall be subject. to and be limited by and shall not defeat, render invalid, or limit: _ (a) Any mortgage, deed of trust or other security, instrument or sale and lease -back o: other conveyance fdr financing permitted by this Agreement, fib) Any 'rights or interests provided in thin Agreement for. the protection of ' thr,- holder of such mortgages, deeds of. trust or . other security instruments or' the lessor under such a.. Sala and l'e se -back 'or the grantee under such other conveyance for financing. The dedd shall contain appropriate re'fersnce. and provision "to give eMict to the Agency's right, -an set, forth in�. thi e Section 7G under `specified circumstancec, : "to reenter the" Ess'eme, t:.,Parrel tiro take poaseaeion of such .portion with,:all improvements'"thereon mnd`to terminate and revest .in the `Agency the estate quitclaimed to the Association. " Asaoci'atioi. agrees to asmi.gn any: and all 'of its rights with :`lireopeIct 't'o.' thr .'.k:aseme'nt, Parcel. upon the revesting 'in the Agency., ae'provided in this Section, 7G,. grid to duly ;execute, acknow1odge and `record'in,the office of ,the County Recorder. of ., the Counter of Orange:, a; quitclaim'" deed and/ox declaration ofl the termination of Associi,ition' s iights ,hei::under and in' the Easement l�a�rcel or Portion thereof if so reque'sted .by the Agency. �. The rights established in ;'thi is Section are to be ' interprete`d not `ak forfeiture, but xatl �e' r, in light of the faict; hat rhea Ayency;Awill,ronv�ey the easement. in:the Easement 1?eizcl� to'; the Association iii furtherance of the purpoeoe of the 'Redeverlapmant Plan -and not for 'specul.ation- in land. a. GENERAL PROVISIONS di `r = 'A. Demands and ''Cctntttunicati'ons Between . Pa rtio , I t Ir , Association shall be sufficiently giv6nV4f dispatched by registered or certified mail, postage prepaid, return receipt ' requested, to the principal offices of the City, the Owners, Agency and the Aseociation. Such written notices, demands, correepondence and communications_mav be sent in At. samo manner to such other persons and addresses as either party may from time to time designate by mail as provided in this Section. . • B . Conflict of Interest Wo member, official or employee of the Agency shall have any direct-: or indirect interest in this Agreement, nor participate, in any decision-_'celating to the Agreement which is prohibited ) y­'law. C. Warranty A4iinst ,Bavment of Consideration for' Agreement, The Association warrants that.it has not paid 6r given, and will not pay.+o: give, any third person, any money or other .T consideration for obtaining thin Agreement.' D.Y o: Nonliabilit AgencyOfficials aiici, employees No mamba . r, _ufficiaa or em � ployee•_ of tan al:l be � • he Agenncy sh personally lis�ble ;to' tine Association, or y successor in intekrest, in`. time event of any default or b'reich''by the Agency or- for'any amount -,which -may become duej,to thr_'Assoeietion or successor, or o'n any obligations under the terms of thi rri Agreement. F. Enforced­,trelcy: Extension of Times' of Performance 31 : zn a ddi ti. on , to specific protii s i-ons of .,thi i, Ag�;�eemant; .'•performance by,�Githde party :hexeunaer Sa Itll not Yoe.,deemed to be iiz default wliere.':3elays" or'','default6 are due to' war; fi resrection; : str3kea, .; lec;)t it g riots; floods ''. seethe+..ekes; s.aeual�ies 'acts of `God; acts of the public enr�riy;'•' ' epidemics; gltiarantinp reptrictions; :freight embargoes; 1 -k'af `trahsportation; gcvernmenta'i° restrict:.ons or priority; ( ' then than cc�ndemnaion acts ono unusually severilitigati.on'' o Y weather; inability-tn;secure necessary,,lAbor, mmteriali:or tc"�61s; delay's .of arty; con ractor:f subcontr&J tor--• or suppl'ie'rj I f 'the y s' cir `failure to'. act "of any ublic acts wernsner�tal�a•• snot' omen � •. ,F , or.: yc g. y .. tity, any ,&)ahorma`, ,delay i � .•' issuance . of 'the . permits referred to,' in': Section` SG or any, other c iun'44 beyond' th®:' cuntr,ol sor with the fault ''of theparty;,, ; c aimi'ng ; an extension of time . to perform. An extension 'of_, time i, for 'sty itic 'Cruse ehi" 1:l only" be ''f-6r ':the period, of the-onforoed delay wh1cht;-04riod: shail1 commence ; o run from the"time"'Ori;.the comna4sriceiv nt s;i trig cause: lf, hiawever;; :notice by'the party' cl imin4'-aLch' axt4nsi'on is ; sent t:o the other party more 'thiin '.0g-13; 13f + thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the giving of such notica. Times of performance under this a Agreement may also be extended in writing by the Agency and the Association. 1/ F. Inspection of Books'and Records �e Aency has the right,,at the;,Assaciation * e office, upon 2' not less than seventy-two (72) hours',notice, at all reasonable times.;.to inspect such: of the books. and records of the Association pertaining;,to the Site as are pertinent to the ;purposes..of this AdL�'�einent. The Association also' has -lie right at the Agenc''s offiG'e', upon '"not :lass than,seventy-two (72 ) hours' . riotice, at a l l �'reasonak 'e Mi�nea to inspect the books and records of.the Agency pertaining to the Site as are pertinent to the,purposes of this Agreement. G. Insurance aLnd Indemnity (1) Developer '-hereby agrees ,to 'de f enOlf, indemni fy and hold .harmlents City: and Agency, 'its officers; agents -A.nd employeeat, :from 'ari'd against any and; all liability,;', damages, costs, losses,, claims and expenses however causresulting direi:tly;`, or icectly. from or connected with, Developar l a ' performancm � cif this Agreement, including- but ndt: Aimi tech . ;) y-, h ,liabili•t` cost, damagsl, loss, claim:,•or a tpense ,nrishng suc y, �, fr; m: the` death or -in j uey to, ;sn ayent . ors employee. of, bive toper; _ y / „ y sro ertraof Devsalooer�t.subcdntrector,��o..6of Cmt9eand oreA .enc P p y p Y f g Y j 'or of".any. agent or employee t�f 'Developer, subcontractor,,or or of Cityand or'Agency' ­escceptwhere such liaksi lity,' damages, ' coss to .- 89�es,,_ claims,; .ox expenses ;,are• cauRled 'solely by the , ne gli.c' or wrongful' .acts o£ :City and or .A enc or any of its' .Ip y .,. ag�rits;`.or.'.ern 'lo eeg nClv;dinc� negl�igent'•'omissio�ie nr ,.; commission�i,, of City a4ad/or,. Agency, its agents or employees, 'in connectica with the general supervision or ;direction ,of the work to lia performed hereiand.4r. (21�) Developer: shall comply with all of the provi gf ahm;1.Wozkare'' Comp ansation;: c t Insuran �;` and. Safety :Ac e'•bf the State da::Cal-ifornia, ,the applicible',.provisiona 'of,:Div1.aibns 4 arid:.5 of the ,Ca l.,i orn nment Code 'liiind all amendments � • i a Dover and a1-1 'sini'i lar state 'or federal. seta ,,ox; lava applicable; :and .shal'l Jndemnif'y, `cleend, end hold iiarml®$a .C3ti / : q Y'� • g claims, d4Imands, � payments, ,I and or A erto from a�d.,•a sinst -all .euit,8,14Ctidx�rs,-procne�in4r � Brad jucxgtnents of='every, naturd"t acid ; deiacript'io t;,- i�nelua"ir+�.,:Aitorsxey;'s. fees mild 'Coats prQePritt�ii, ' k irouglit or rec.9 . ver4d 'a ar�ai~1•Ci.ty ,and or 'Agency.L`ar;: or ; account ':of any ,.na i litY . under rany of said. acte•''w>>ich',may be: ' �'incv►rrsd by, refason' cf any` wank Iwo be per ormad by :Developer' i ' `Under .his 'Aqr emerit { � 09-113 43 I�.i, E14 .w! 1 1 (3) In addition to the Workers' Compensation insurance and Developer's agreement to indemnify City :and Agency, Developer shall furnish to City and maintain in force until the completion of the project a policy of general liability insurance in which City and Agency are named au additional insureds. The policy shall indemnify City and Agency, its officers and �;,nployees, while acting within the scope of their dutice3, against any and all claims arising out of dr in connection with the Project:. The policy skull provide coverage in riot less than the following amounts: Combined single limit bodily injury and/or property damage of $300.000 per occurrence. Such policy of insurance shall specifically provide that any other insurance covarage which may be applicable to the loss shall be deemed excess coverage and Developer's insurance shall be primary. A certificate of all such insurance policies required by this Agreement shall bs delivered to the City Attorney prior to the commencement rif any work and shall be approved by her in writing. No such insurance. shall be cancelled or modified without. thir�.y (30) days prior written notice to City and Agency. 9. ENTIRE; AGREEMENT, WAIVERS AMID AMENDMENTS This Agreement is execvted in three (3) duplicat% originals, each of which is deemed to be an original. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supereedes all negotiations or previous agreements between the parties With .respect to all or any part of the subject matter hereof. All waivers of the provi.3iolls of thl.s Agreement' �.st laze.a.n writing and sig >d by the aprooriate authorities cf tha Agency, the City and the Association, and all amendments hereto must be in writing and signed by the appropriate authorities of the Agency, the City and the Association. "ASSOCIATION" I' OW ran" 0.9-23-83 442SP/2273/00 M16- KOLEDO LANE PROPERTY OWNERS'ASCCCIATION Its: U-•��4=-J M iC , - (3) In addition to the Workers' Compensation insurance and Developer's agreement to indemnify City and Agency, Developer shall furnish to City and maintain in force until the completion oL the project a policy of general liability insurance in which City and Agency are named as additional insureds.. The policy shall indemnify C:;ty and Agvtncy: its officers and employees, while r cting within the scope of their duties, against any and all claims ar:tsing out of or in connection with the Project. The policy shall provide coverage in not less than the following amounts: Combined single limit bodily injury and/ow property damage of $300,000 per occurrent.-. Such policy %' . insurance shall specifically provide that any other insurance coverag;�, which may be applicable to the logs shall be deemed a;icess coverage and Developer's insurance shall be primary. ;A certificate of all such insur4iree policies required by this Agreement shall be delivered to the City Attorney prior to the commencement of any work and shall be approved by her an writing, No such insurance shall be cancelled or modified without thirty (30) ,. � ays prior written notice to City and Agency. g. ENTIRE AGREEMENT, ViAIVERS AND AMENDMENTS" This Agreeme:nt is executed in three (3') duplicate originals, each of which is deemed to be an original. This Agreement integrate,_ all of the terms and'conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous aax-.-ements between the pP rt:s.es with respect,to all or any part of the subject matter hereof. 1:11 waivers of the provisions of this Agreement mus•-- be in Writing and signed by the appropriate authorities of tha Agency, the City and the Aosociation, and all a-me;adments :hereto must be in writing and signed by thr_ 'appropriate Uuthorities of the Agwr.:.y, the City and the Association. "ASSOCIA'TION" KOLEDO LANE PROPERTY OWNERS' ASSOCsIATION By: w Its: r thirty (30) days after the commencement of the cause, the period shall commence to roan only thirty (30) days prior to the giving of such notice. Times of performance under this Agreement may also be extended in writing by the Agency and -the Association. F. Inspaction of Books; and Records The Agency .has the right at the Association's office, upon not lass than seventy-two (72) hours' notice, at all reasonable times to inspect such of the books and records of the Association pertaining to the Site as are pertinent to the purposes of this Agreement. The Association also has the right at the Agency's office, upon not less than seventy-two (72) hours' notice, at all reasonable times to inspect the hocks and recoids of the Agency pertaining to the Site as are perV;nent to the purposes of this Agreement. 1 G. Insura:Lce 811d Indepinity (a) Developer hereby agrees; to defend, indemnify and hold harmless City find Agency, its officers, agents and employees, from andi against any and all liability, damages, costs, losses, claims,'snd expenses, however caused,.resulting directly or indirectly'`from or connected with Developer's performance of tlyis Agreement, including, but not limited to such liability, cos:,- damage, loss, claim or expense arising from t,F.e death or injury to an agent or employee of -Developer, subcontractor, or of City and/or Agency or damage to the property of Developer, subcontractor, or of City and/or Agency or of Any agent. -or employee of Developer, subcontractor, or of City anti/or Agency, except where such liability, damages, costs, lasses, claims or expenses are caused solely by the negligent or wrongful acts of City and/or Agency or any of its agents' -or employees including negligent omissions or commissions of City and/or Agency, its agents or employees, in connection with the general -supervision or direction of the work to be performed hereunder. (2) Developer ,shall comply with all of the provisions of the Workers' -Compensation Insurance.and Safety Acts of the State of California, the applicable provisions of Divisions 4 and S of the California Gavernment Code and all amendments 'thereto;. and all similar state or federal acts or laws applicable; and shall indemmify, defend and hold harmless City and/or Agency from and against all claims, demands, payments, suite, actions, pror(kedings aad judgments of every nature and description, including attorney's fees; and costs presented, brought or 'recovex'ed aganst City and/or Agency, for or on - account of any liability under any of said acts which may be incurred by reason if any work to be pp:rformed by Developer under this Agreement. 09-13-83 k42 5P/2273/00 , . , -- � 11 _...-...w/iY-- ' 4L.'Y. r_., •.s e� _ ..�+rti l i i..s...�...�.�a�i 1r, addition to the Workers' Compensation insurance and Developer's agreement to indemnify City and Agency, Developer shall furnish to City and maintain in force until the completion of. the project a policy of general liabilit insurance in which City and Agency are named as additior.:l insureds. The policy shall indemnify City and Agency, its, officers , and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project. The policy shall provide cover. age in r.ot less than the following amounts: Combined singe limit bodily injury and/'or property damage of $300,000 per occurrence. Such policy of insurance shall specifically provide that any other insurance coverage Vbich may be applicable to the loxes shell be deemed excess coverage and Developer's insurance shall be primary. A certificate of all such insurance policies required by this Agreement shall be delivered to the City Attorney prior to the commencement of any work and shall be approvers by her in writing. No such insurance shall be cancelled or modifier, without thirty (30) days prior written notice to City and Agency. , 1 9. ENTIRE' AGREEMENT, WAIVERS AND AMENDMENTS This Agreement is executed in three (3)'duplicate originals, each of which is deemed to be an original. This Agreement integrates all of t.e terms and conditions mentioned `herein or incidental hereto, and supersedes- all negotiations or previous agrrements bett,m,sn the parties, with respect to all or tLny part of the , sub j ect matter hereof. All waivers of the provisions of this Agreement must be in -,, riting and signed by the appr,opriat-3 a.ithorities of the Agency, the City'and the Association, iad all amendments hereto mue4 be i.n' writirq and signed by the appropriate authorities of the Agency. the City' and the Association. "ASSOCIATION" 09�.yC1�-�3:! y KOLEDO LANE PROPERTY OWNERS'ASSOCIATION By: — ' 7 its 7 thirty (30) days after tha commencement of the cause, the,` period shah commence to run only thirty (30) days prior;, diving of such notice. Times of performance under this Agreement may also be entended in writing by the Agency arms the Association. F. Ins'oection of Books and Records The Agency has the right at the Association's office, upon not less thars seventy --two (72) hours' notice, at all reasonable times to ino+pect such of the boo),s ane. records of the Association pertaining to the Site as are pertinent to the purpones of this Agri-ement. The Association also has the right at the Agency's office, upon not less than seventy-two (72) hours' notice, at all reasonable times ri inspect the kooks and records ui the Agency pertaining to the Site as are pertinent to the purposes of this Agreement. C. Insurance and Indemnity (1) Developer hereby agrees,to defend, indemnify and ` hold harmless City and Agency, its officers, agEeats and employees, from and against any and all. liability, --damages, costs, losses, claims and expenses, however cai'xsed, resulting directly of indirectly from or connected with Developer's performance of this Agreement, including, but not limited to such liability, cost, damage, loss, claim or expense arising from the death or injury to an agent or employee of Developer, subcontractor, or of City and/or Agency or damage to the prnperty of Developer, subcontractor, or of City and/or Agency or of any agent or employee of Developer, subcontractor, or of City and/or Agency, except where st•ch liability, damages,., .costs, losses, claims or expenses are caused solely by the negligent or wrongful acts of City and/o4 Agericy or any of its agents or employees including negligent omissions -or commissions of City and/or Agency, its agents or employees, Ain connection with the general supervision or direction of the work to be performed hereunder. (2) Developer shall c,mply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of they State of California, the applicable provisions of Divisions 4 ana 5 of the California Government Code and all amendments thereto; and all similar state or federal acts or laws applicable; tnd shall indemnify, defend and hold harmless City -and/or Agency from and against all claims, demands, payments, suits,_ actions, Fro; eedi.ngs and judgments of every nature and dae.scriptxon, including attorney's fees and costa presented, brought or recovered aganst City and/or Ag�- ,'cy, for ,'or 'On account of, any liability under any of smic Ak'zts which may be incurred by' reason of any work to be performea by Developer ",--under this Agreement. , 09 11-83- 442S P/2273/b0 MIS&W I (3) In addition tc,the Workers' Compensation insurance And Developer's agreement to indemnify City and Agency, Developer shall furnish to City and maintain in force until the completion of the project a Yj-alicy of general liability insurance in which City and Agency are named as additional insureds. The policy shall indemnify City and Agency, its officers and employees, while acting within the scope of their dutiew, against any and al'. claims arising plat of or in connection with the Project. The policy shall. provide cc:verago in not less than the following amounts: Combined single limit bodily injury and/or property dam-ge: of $300,000 per occurrence. Such policy of insurance sha'l specifically provide that any other insurance coverage which may be applicable to the loss Shall be Beamed excess coverage and Developer's insurance shall be primary. A certificate of all such inaeurance policies required by this Agreement shall be delivered to the City Attorney prior to the commencement of any work and shall be approved by her in writing. No such insuraa�ce shall be cancelled or modified without thirty (30) days prior written notice to City and Agency. S. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS „ This Agreement is executed in three (3) duplica+::: originals, each of which i-.,deemed to be an original. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respec.t'to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement miisr ba in writing and signed by the appropriate authorities of the Agency, the City and the ?association, and all amendments her.ete must be in writing and signed by the appropriate authorities of the Agency, the City and the Association. "ASSOCIATION" KOLEDO LANE PROPERTY OWNERS'ASSOLIATION By: Its: 09-13-93 442SP/2273/00 cwrb thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the giving of such isotice. Times of performance under. this Aar: eemant may al zo be extended in writing by the Agency -ind the j x Association. F. Inspection of nooks and Rec irds The Agency has the right at the Association's office, upon not less than seventy --two (72) hours' Notice, at all reasonable times to Anspect such of the books ai-id records of the Association pertaining to the Site M5 are pertinent to the purposes of this Agreement, The Association also has the right at the Agency's office, upon not less than seventy-two (72) hours' notice, at all reasonable times to inspect the books and records,cf the Agency pertaining to the: Site as are pertinent to the purposes of this agreement. G. Insurance and Indeninit (1) Developer hereby agrees to defend, indemnify and hold harmless City and Agency, its officers, agents and employees, from aztd against any and all liability, damages, costs, losses, claims and expenses, however caused, resulting directly or indirectly from or connected with Developer's performance of this Agreement, including, but not limited to such liability, cost, damaa le, loss, claim or expense rising from the death ur injury to an agent or employee of Developer, subcontractor, or of City and/or Agency or- damage to' the property of Developer, subcontractor, or of City and/or Agency or of any agent or employee of Developer, subcontractor,'or of City and/or Agency, except where such liability, damages, costa, 'losse a, claims or expenses are caused solely by L-he negligent or wrongful actr7%of City and/or Agency or any of its agents or employees including negligent omissions or commissions of City anti/or Agency, its agentb' or employees, in connection with the general supervision or direction of the work to be performed hereunder. �.: (2) Developer shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Divisions 4 and 5 of this California Government Code and all amendme3nts thereto'; and all similar state or federal acts or laws appliables, and vhall indemnify,. defend and hold harmless City and/or Agency from and against all claims, demands, i3ayments, suits, actions, proceedings and judgments of every nature and driscripticn, it^ludiiig attorney's fees and costs presented, brou4ht or recovered a9cnat City and/or Agency, for � or on account of any liability under any of said acts whi.cb;may be incurred,by reason of any work to be performed'by Developer under this Agreement. 09-23-83 447SP/22.73/00 -15� q (:3) In addition to the. Workers' Compensation insurance and Developer's agreement to indemnify City and Agency, Developer shall furnish to City and maintain in force until the completion of the project a policy of general liabili��.y insurance in which City and Agency are named as additional insuredg. The: policy shall indemnify City and Agency, its officer z and employees, while acting within the scope or their duties, against any and all claims arising out of or ,in connection with the Project;. The policy shall provide coverage in not Jess than the following amounts: Combined single limit bodily injury and/or property damage of $300,000 per occurrence. Such policy of insurance shall specifically provide that any o"4her insurance coverage which may be applicable to the Loss shall be deemed excess coverage and Developer's insurance shall be primary. A certificate of all such insurance policies required by this Agreement: shall be delivbred to the City Attorney prior -to the commencement of any work and shall be approved by her in writing. No such Insurance shall be cancelled or modified '.•,iithout thirty (30) days prior written notice to City and Agency. 9. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS This Agreement is executed in three (3),,Ouplicate originals, each of which is deemed to be an original. This Agreement integrates all of the terme and conditions mar':i.aned herein or incidental hereto, and supersedes all n64otintions or previous agreements between the parties with respect to all or any Fart of the subject matter hereof. All waivers of the provisions of: this Agreement must be in writing and signed by the appropriate authorities or the Agency, the City and tliA Association, and all amendments hereto must be in writing and signed by the appropriate authorities of the Agency, the City and the Association. n ASSOCI iTIQN" KOLEDO LANE PROPERTY OWNERS' ASSOCIATION By: `OWNERS" 442 5?/22 73/00n Its: r .thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the giving of such notice, 'times cf performance under this Agreement ntny also be extended in writing by the Agency and the AE,;ocxctinn. E. Inspection of Books and Records ,The .'agency has the right at the Association's office, upon not 'leas than seventy-two (72) hours' notice, at all reasonable tim©ia to inspect such of the books and records of the Association pertai,nii,g Lo the Site as are pertinent to the purposes of this Agreemor.t. The .association also has the rigi:�. at the Agency's office, upon not less than seventy-two (72) hours' notice, at all reasonable times to inspect the books and records of the Agency pertaining to the Site as are pertinent to the purposes of this Agreement. G. Insurance and Indemnity (1) Developer hereby agrees to defend, indemnify and hold harmless City and Agency, its officers, agents and employees, from anal against any and all liability, damages, costs, losses, claims and expenses, however caused, resulting directly or indirectly from or connected with Developer's performance of this Agreement, including, but not:544trited to such liability, cost; damage, loss, claim or expense arising from the do&.th or injury to an agent or employee of Developer, subcontrartot,, or of City and/or Agency or damage to :the property bf Developer, subcontractor, or of City and/or Agency or of any agent or employee of Developer, subcontractor, or of City and/or Agency, except where such liability, damages, costs, losses, claims or expenses are cauaed solely by the negligent or � ;rongful acts of City and/or Agency or any of its agents or employees including negligent omissions or commissions of City and/or Agency, its agents or employees, in connection with the general supervision or direction of the work to be performed hereunder. (2) Developer shall comply with all of thR ptovi''sions of the Worker. a'•Compensation Insurance and Safety Acts .^f the State of California,, the applicable provisions of Divisions 4 and 5 of the California Government Code and all amendments thereto; and all similar' state or federal acts ` or laws applicable; and shall indemnify, . defend and hold harmless City and/or Agency from and against all claims, demands, payments, eults, actions, proceedings and judgments of every nature and description, including attorney's tees and costa presented, brought or recovered aganst City and/or Agency, for or on account of any liability under any of acid acts whichmay ba. incurred kr}► saran s�f ax�y wank to be performed by Developer under 'thi s Agreement. • ,4425g 2273 1 0 0 0 (3) In addition to the Workers' Compensation insurance and Beveloper' s� agruemer.-t to indemnify City and Agency, Developer (shall furnish to City And maintain in force until the completion of the project a policy of general liability insurance in which City and Accncy are named as additional insureds. The policy shall indemnify City and Agency, its officer; and employees, while acting within the scope of their duties, against any and all claims aris.i.ng out of or in connection with the Project. The policy shall provide coverage in not less than the following amounts: Combined single limit bodily injury and/or property damage of $300,000 per occurrence. Such policy of insurance shall specifically provide that any other insurance coverage which may be applicable to the loss shall be deemed excess coverage and Duveloper'r insurance shall be primary. A certificate of all such insurance policies required by this Agreement shall be delivered to the City Attorney prior to the commencement of any work and shall be approved by her in writing. No such insurance shall be cancelled or modified without thirty (10) days prior written notice to City and Agency. 9. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS This Agreement is executed in three (3) duplicate original, each of which is deemed to be an original. This Agrevk,.ent integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes -all negotiations or previous agreements between the pa ties with respect ltc %,13 or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the Agency, the City and the Association, and all amendments hereto must be in writing and signed by the appropriate authorities of the Agency, the City and the Association. "ASSOCIATION" nre�,r�fl�n KOLEDO LANE PROPERTY OWNERS' ASSOCIATION By . I tee : . Otvo i thirty ( 30 ) days efter the c,ontniencement of the caws., the period shall commence to run only thirty (30) days prior to the giving of such ncticer Times of performance under this Agreement may also be extended in writing by the Agency and the Association. F. Inspection of Books and Records The Agency has the right at this Association's office, upon not lees than seventy-two (72) huurs' notice, at all reasonable times to inspect ouch of the books and records of the Aswociati;;n pertaining to the Site as are pertinent to the purposes of this Agreement. The Association also has the right at the Agency's office, upon not less than seventy-two ( 72 ) hours' notice, at all reasonable times to inspect the books and records of the Agency pertaining to the Site as are pertinent to the purposes of this Agreement.. G. Insurance and Indemnit (1) Developer hereby agrees to defend, indemnify and hold harmless City and Agency, its officers, agents and employees, from and Against any and all liability, damages, costs, losses, claims and expenses, however caused, resulting directly or indirectly from or cornectad with Developer's performance of this Agreement, including, but not limited to such liability, cost, damage, loss, claim or expense arising from the death or injury to an agent o,: employee of Developer, subcontractor., or of City and/ewr Agency or damage to the ,property of Developer, subcontractor, or of City and/or Agency or of any agent or employee of Developer, subcontractor, or of City and/or Agency, except where such liability, damages, costs, losses, claims or expenses are.caused solely by the negligent or wrongful acts of City and/or Agency or any of its agents or employees including negligent omiasions or commissions of City and/or Agency, its agents or employees, in connection with the general supervision or direction of the work to be performed hereunder. (2) Developer shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of -California, the applicable provisions of Divisions 4 and 5 of the California Government`Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless City avd/or Agency .from and against all claims, demands, payments, suits, actions, proceedings and ji,idgments of every nature and description, includinj attorney's fees and costs presented, brought or recovered aganst City and/or Agency, for or on accoLint of any liability under any of said acts which may be incurred by reason of any work to be performs -A by Developer under this Agreement. k i {j r ' i i (3) In addition to the Worl:era' Compensation insurance and Developer's agreement to indemnify City and Agency, Deve;ioper shall ,furnish to City and maintain in farce until the completion of the project a policy of general liability insurance .in ,which City and Agency are named as additional insureds. `Ahe policy shall indemnify City and Agency, its'orficers and employees, while acting within the scope of their duties, against any and all. claims arising out of or in connection with the Protect. The policy shall provide coverage in not less than the following amuntr: Combined (single limit bodily i,ijury and/or property damage of $300,000 per occurrence. Such policy of insurance shall spec.,i fically provide that any other insurance coverage which may be applicabi.e to the loss shall be deemed excess_coverage and Developer's insurance shall be primary. A certificate of all such insurance policies reLpiired by this Agreement shall be delivered to the,City Att—ney prior to the commencement of any work and shall be approved by her in writing. No such insurance shall be cancelled or modified without thirty (30) days;, prior writte%% notice to City and Agency. 9. EMIRE AGREEM MT, ► hIVERS AND AMENDMENT'S This. Agreement is executed in three (3) duplicate originals, each of which is deatned to be an original. This Agreement integrates all of the terms and conditions mentioned herein or incidental heroto, and supersedes all negotiations or previous agreements between the nart,.es with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement :rust be in writing and signed by the appropriate authorities of the Agency, the City and the Association, and all amendments hereto must be in writing and signed by'the.appropriate authorities of the Agancy, the C{ty and the Association. "ASSOCIATION" KOr�EDO LANE PROPERTY OMNERS'ASSOCIATION By: r L:S: �t 0 w 4425P/2273/O0 16-, thirty (30) days after the commencement of the cuuBe, the period shall commrpnce to run only thirty 1,30) days prior to the giving of such notice. Times of performance under thAs Agreement may ;also be extended in writing by the Agency and the Association. F. Inspection of Books and Records The Agency has the right at the Association's office, upon not loss than severity -two (72) Hours' notice, at all reasonable times to inspcct such of the books and records of the Association pertaining to the Site as are pertinent to the purposes of this Agreement. The Associatinn also has the right at the Agency's office, upon not less than ►:;>verlty-two (72 ) hours' notice, at all reasonable times to inspect the books and zrecorda of the Agency pertaining to the Site as are pertinent to the purposes of this Agreemeat,. G. Insurance and Indemnit (1) Developer hereby agrees to defend, indemnify and hold harmless City and Agency, its officers, agents and employees, from and,aga{nst any and all liability; damages, costs, losses, claims and expanses, however caused, resulting directly or indirectly from or connected with Developer's performance of this Agreement, including; but not limited to such liability, cos•L, damage, loss, claim or expense arising From the death or injury to an agent or employee of Developer, subcontractor, or of City and Agency or damage to the property of Developer, subcontractor; or of City and/or Agency or of ay agent or employee of Developer, subcontractor, or of City and/or Agency, except where ouch liability, damagets, costs, loses,, claims or expenses are caused -solely by the negligent or wrongful acts of City and/or Agency or any of its agents or, employees including negligent omissions or commissions of City and/or. Agency, its agents or employees; in connection with the general supervision or direction of tr.e work to be performed hereunder. (2).1' Developer shall comply with a.11 of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of .California, the appl.i :able provisions of Divisions 4 and 5..of the California Government Code and all amendmarLts theretop;and all,aimilar state or federal acts or laws appl,i:--Mblea; and,ishell indemnify, defend and hold harmless. City find/ar' Agency � zrom and againot all claims, demands, . payments, Buffs, actions, proceed]ngs and judgments of every nature and 'c?esdription, including attorney's fees and costs pretsentbd, brought or recovered aganat''City and/or Agency, for car on account of any lia►bi lit-y •under any of Baid acts which may be .incurred by. reasora'of any work to be performed by Developer under this Agreement. -15- t (3) In addition to the Workers' Compensation insurance and Developer's agreement to indemnify City and Agency, Developer shall furnish to City and maintain in force. until the completion of the project a policy of g;�netel liability insurance in which City and Agency are named as additional insureds. The policy shall indemnify City and Agency, :its officers and employees, while acting within the scope of their ditties, against any and all claims arising out of or in connection with the Project. The policy shall provide coverage in not less than the following a;nourt-s: Combined mingle limit bodily injury and/or property damage of $300,000 per occurrence. Such policy of insurance shall specifically provide that any othir insurance coverage which may be applicable to the loss shall be deemed excess coverage and Developer's insurance shall be primary. A certificate of all such insurance; policies required by this Agreement shall be del$`vered to the City Attorney prior to the commencement of any work and shall be approved by her in writing. No such insurance shall be cancelled or modified without thirty (30 days pricer written notice to City and Agency. 9. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS This Agreement is executed in three (3) duplicLte I originals, ears';:, of which is deemed to be an original. This Agreement integra;:es all of the terms and conditions ment on6d herein or incidental hereto, and supersedes.all negotiations or previous agreements between the parties with respect to all or any part cf the subject matter hereof. All waivers of the provisiotio of this Agreement must be in writinci and signed by the appropriate authorities of the Agency, the City and„ the Association, and all amendments hereto must be in writing and signed by the appropriate authorities of the: Agency, the City and the Association. "ASSOCIATION" KOLEDO LANE PROPERTY OWNERS'ASSOCIATION By: Its: I �_ I . VVk i thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the g1ving of such notice. Times of performance unH--r this Agreement may also be extended in writing by xho Agency and the l�,r�soci�ttion. F. Inspection of Books and Re Cords The Agency has the right at tho Association's office, upon not laze than. seventy-two (72) hourE,' notice, at all reasonable times -to inspect ssuch of the books and records of the Association pertaining to the Site as are pertinent to the purposes of this Agreement. The .Associati3n also has the right - at the Agency's ctfice, upon not less than seventy-two (72) hours' notice, at all reasonable times to inspect the books and records of the Agency partzining to the Site as are pertinent: to the purposes of this Agreement. G. :nsuiance and Indemnity (1) Developer hereby agrees to d-:fend, indemnify and hold harmless City and Agency, its officers, agents and employees, from and against any and all liability, damages, costa, losses, claims and expenses, however caused, resulting directly or indirectly from or connected with Developer's performance of -this Agreen►ent, including, but not limited to such liability, cost, damage, loss, claim or expense arising from the death or injury to an agent or employee of Developer, subcontractor, or of City and/o:: Agency or damage to the praperty of Developer, subcontractor, or of City end/or Agency or of any' agent or employee of Developer, .subcontractor, or of City and/or Agency, except where such liability, damages, costs, losses, claims or expensus are caused solely by the negligent or wrongful acts of City and/or Agency or any'"Of its agents or eanployses including negligent omissions or, commissior..a of City and/or Agency, its ag-arts or employees, in connection with the general supervision or direction of the •.cork to be perfori.ted hereunder. ;(2)Developer shall comply with all of the provisions of. the Workers' Compensation Insuranca and Safety Acts of the Stata of California, the applicable provisian5 of Divisions 4 and 5 of the California Government Code and all amend,-ne:,rts thereto; and all Simi lar t statre or federal acts or laws "applicable; and shall lndemnify, defend and hold harmless City 'arid/or Agency from and against all claims, demands, payments, actions, proceedings .. and j udgments ' of every nature and description, '*ncluding attorney's fees and costs prersent0d, brought or+.recovered aganst: City and/or .Agency, for' -or on accounts;-,;f any liability '"rider any of said acts which may be lincurre e.' by reason of any work to be performed by Developer under this Agreement, D9-13-83 4425p/22 73/DO -15- O �t (3) In addition to the Workers' Compensation insurance and Developer's agreement to indemnify City and Agency, Developer shall furnish to City and maintain in force until the completion of the project a policy of general liability insurance in which City and Agency are named a® additional insureds. The policy chall indemnify City and Ar'4incy, its officers and employees, while acting within the scj>pp of their duties, against any and all claims arising out of' .,,or in connection with the Project. The policy shall provide coverage in not less than the following amounts: Combined, single limit bodily injury and/or property damage of $300,000 per occurrence. Such policy of insurance shall specifically provide that any other insurance coverage which may be applicable to the loss shall be deemed excess coverage and Dtveloper's-insurance shall be primary. A certificate of all such insurance policieu required by this Agreement shall be delivered tj the City Attorney prior to the commencement of any worts and shall be approved by her in writing. No such insurance shall be canoe:led or modified without thirty (30) days prior written notice to City and Agency. 9. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of ::he provisions of this Agreement must be in writing and signed by the appropriate authorities of the Agency, the Cite and the Association, and all amendments hereto must be in writing and signed by the appropriate authorities of the Agency, the City and the Association. 1. "ASSOCIATION" "OWNERS" 09-13-83 4425P/2773/00 1 6 r KOLEDO LANE PROPERTY OWNERV ASSOCIATION By • Its: MGM 1 v thirty (30) days after the commencement of the cauBa, the period shrill commence to run only thirty (30) days prior to the giving of such notice. Times of performance under this Agreament.may also be oxtended in writing by the Agency and the Association. x . Inspection of Books and F.ecords The Agency has the right at the Association' n office, upon not less than seventy-two (72) hours' notice, at all reasonable times to inspectsuch of the books and recs.usg of the Association pertaining to the Site as are pertinent to the purposes of this Agreement. The Association also has the right at the Agency's office, upon not lesn' than seventy-two (72) hours' notice, at all reasonable times to inspect the books and records of the Agency pertaining to the Site as are pertinent to the rurpossess of this Agreement. G. ins;urance arid Indemnity (1) Developer hereby agrees to defend, indemnify and hold harmless City and Agency, its efticers, agents and employees, from and against, any and a1L liability, damages, costs, losses, claim and expenses, however caused, resulting directly or indirectly from or connected with Developer's performance of this Agreement, including, but not limited to such liability, cost, damage, loss, claim or expenBu arising from the death or injury to an agent or employee of Developer, subcontractor, or of City and/or Agency or damage to the property of Developer, subcontractor, or of City and/or Agency or of any agent or employee of Developer, subcontractor, or of City and/or Agency, except where such liability, damages, costs, losses, claims or expenses are caused solely by the negligent or wrong-ful acts of City ,and/or Agency or any of its agents or employees including negligent omissions or commissions of City and/or Agency, its agents or employees, in connection with the general supervision or direction or the work to be performed hereunder. (2) Developer: shall comply with all of the provisions of the Workers' Compensation Insurance and. Safety Actscf the State of California, the applicable provisssions' of Divisions 4 and 5 of the California Government Code and all amendments thereto; and all aimilar state or federal acts or laws kpplicables and shall indemnify, defend and hold harmless City and/or Agency from, and against all claims, demands, payments, suits,' Actions, , proceadinge and judgments of every nature and dencription, including attorney' ss . eels and costs presented, brought or recovered'aganest City and/or Agenoy, for or on account of any liability under any of >said acts whic'---may be ir. curred by reason of any work to be.. performed by Dev.elcper. under this Agreement,. 0g-i3-83 _ 4425P/1273/00 -15� (3) In addition to the Workers' Compensation insurance and Developer's agreement to indemnify City and Agency, Developer shall furnish to City and maintain in force until the completion of the project a policy of general liability insurance in which City and Agency are named as additional insureds. The policy shall indemnify City and Agancy, its officers and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project. The policy shall provide coverage in not less than the following amounts: Combined single limit bodily.,injury and/or property damage of $300,000 per occurrence. Such policy of insurance ahall specifically provide their, any otter insurance coverage which may be applicable to the loses shall be deemed excess coverage and Developer's insurance shall be primary. A certificate of all such insurance policies required by this Agreement shall be delivered to the City Attorney prior to the commencement of any work and shall be approved by her in writing. No such insurance shall be cancelled or modified without thirty (30) days prior, written notice to City and Agency. 9. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS Thies Agreement :is executed in three (3) dvplivate originals, each of which is deemed to be an original. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect -to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the .Agency, the City and -the Association, and all amendments hereto r.;tust, be in writing and signed by the appropriate authoritie6 of the Agency, the City and the Association. "ASSOCIATION" KOLEDO LANE PROPERTY OWNERS'ASSOCIATION F By: nQ 442SP'/12273,/00'-,? , -16- •� JO. thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the giving of such notice. Timer of performance under thi. s Agreament ma,;i also be extended in writing, by the Agency and the Association. F; Inspection of Books and Records The Agency has the right at the Association's office, upon not less than seventy- two ( 72 ) hours' notice, at all reasonable times to inspect our;h of the books and records of the Association partaining to the Site as are pertinent,.tc the purposes of -this Agreement. The Association also hap the right at the Agency's office, upon not less than seventy-t%'o (72) hours' notice, at all reasonable times to inspect the. books and records of the Agency pertaining to the Site as are pertinent: to the purposes of this Agreement. C . Insurance acid Indemnity (1) Developer hereby agrees to defend, indemnify and hold harmless City and Agency, its officers, agents and employees, from and against any and all liability, damages, costs, losses, claims and expenses, however caused, resulting directly or indirectly from or connected with Developer's performance of this Agreement, including, but not limited to such liability, cost, damage, loss, claim or expense arising from the death or injury to an agent or employee. of Developer, subcontractor, or of City and Agency or dansoge 'to the property of Developer, subcontractor, or of City and/or Agency or of any agent or employee of Developer, subcontractor, or of City and/or Agency, except where such liability, damages, costs,.dosses, claims or expenses are caused solely by the negligent or wrongful acts of City and/or- Agency or any of its agentu or employees including negligent omissions or commissions of City and/or Agency, its agents or employees, in connection with the general supervision or direction of the work to be pe".formed hereunder. (2) Developer shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Divisions 4 and 5 of the California 'Government Code and all amendments thereto; and all. siinilar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless City and/or Agency from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costa presented, brought or recovered aganst City,and/or Agency, for or,on account of any liability under any of said acts which may be incurred by reason of any work to be perforated by . Developer under this Agreement. 09-13-8:3 4425p/2273/00 ..15». 0 • (3) In addition to the Workers' Compensation insurance and Developer's Agreement to indemnify City and Agency, Developer shall furnish to City and maintain in Force until the completion of the project a policy of generral liability insurance in which City and Agency are named to additional insureds. The policy shall indemnify City and Agency, its officers and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with this: project. The policy shall provide coverage in riot less than the following amounts; Combined. singles limit'bodily injury rind/o:- property damage of $300,000 per occurrence. Such policy of insurance shall -specifically provide.that any other insurance coverage which may be applicable to the lose shall be deemed excess coverage and Developer's insurance shall be primary. A certificate of all such insurance policies required by this Agreement shall be delivered to the City Attorney prior to the commer:,r,ement of any work and shall be approved by her in writing. No such insurance shall be cancelled or modified without thirty (30) days prior written notice to City and .Agency. 9. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. This Agreement integrates c11 of the terms and conditions mentioned herein or inciden-t-al. hereto, and supersedes all negotiations or previous agreements between the parties ,with respect to all or any part of the subject matter hereof. All waivexa of the provisions of this Agreement must be: in writing and signed by the appropriate authorities of the Agency, the City and.the Association, and all amendments hereto must be in writing and signed by the: appropriate aiathoritieas of ..the Agency, the,City and the Association. "ASSOCIATION" KOLEDO LANE PROPERTY OWNERS'ASSOCIATION "OWNERS" J. 0'9-13-83 442SP/2273/00 -l6 By .- — Its: a 'thirty (30) diya after period mholl roimence giving of such notice. Agreement may also be Aasoclation. the commencement of the cause, the to run only thirty ( 30 ) days prior to t1,7e Times of performance under this extended in writing by the Agency and the F. Inspection of Books and Records The Agency has the right at the Association's office, upon not 1�sa than severity -two ( 72 ) hours' notice, at all reasonable timers to inspect such of the books and records of the Association pertaining to the Site as are pertinent to the purposes of this Agreement. The Association also has the right, at the Agency's office, upon not less than seventy-two (,'2) hours' notice, at,','all reasonable times to inspect the books and records of the: Ag,�!ncy pertaining to the Site as are pertinent to the purposes of this Agreement. C. Insurance and Indemn_ it (1) Developer hereby agrees to defend, a.ndemnify and hold :iarmlecs City and Agency, its officers, agents and employees, From and against any and all liability, damages, costs, losses, claims and expenses, however caused, resulting directly or indirectly from or connected with Developer's performance of this Agreement, including, but not limited to such liability, cort, damage, loss, claim or expenr,,arising from the death or injury to an agent or employee of Developer, subcontractor, or. of City and/or Agency or damage tc the property of Developer, subcontractor, or of City and/or Age.nny or of any agent or employee of Developer, subcontractor., or of City and/or Agency, except where such liability, damages, costs, losses, claims or expenses are caused solely by the negligent or w«ongful acts of City and/or Agency or any of ite cgento oz, employees including negligent omissions or commissions of City and/or Agency, its agents or employees, in connection with the general supervision or direction of the work to be performed hereunder. (2) Developer shall comply with all of the provisions of the Workers' Compensation insurance and Safety Act:. of the State of California, the applicable provisions of Divisions 4 and 5 of the California Government Code and a].1 amendments thereto; and -,all similar state or federal acts or laws applicable; and shall, indemnify, defend and hold harmless City and/or Agency from -and against all claims, demands, payments, isuita, actions, proceedings and judgments of every nature and description,, including attorney's fees and costs presented, brought or recovered aganst City' -and/or Agency, for or. on account. of any liability under -any of said acts which may be incurred by reason of any work to be verformad by Developer under this Agreement. 04-13-83 4425P/2273/00 -15- I, (3) In addition to the Workers' Compensation insurance and Developer's agraement to indemnify City and . A►gency, Developer shall furnish to City and maintain in force until the completion of the project a policy of general liability insurance in which City.and Agency are named as additional insureds, The policy shall indemnify City and Agency, its officers and employees, while ac::ing within the scope of their duties, against any and all claims arising out of or in connection with the P.roje:ct. The policy shall provide coverage in not leas than the following amounts: Combined single limit bodily injury and/or property damage of $300,000 per occurrence. Such policy of insurance shall specifically provide that any c th'er insurance: coverage which may be applicable to the loss shall be deemed excess, coverage and Developer's insurance shall be primary. A certificate of all such insurance.policies required by this Agreement shall. be delivered to the City Attorney prior to the commencement of any work and shall be approved by her in writing. No such insurance shall be cancelled or modified without thirty (30) days prior written notice to City and .'Agency, 9. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original, This Agreement integrates a 1 of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect, to all or any part of the subject matter hereof. All waivers of the provisions of'this Agreement must be in writing and signed by the appropriate authorities of the Agency, the City and the Association, and all 'mendments hereto !,must be in writing and signed by the approprizt.* authorities of the Agency, the City and the Association. "i SSdCIATION" KOLELO LkNE PRtpERTY OWNERS'ASSOCIAT'ON By: Its: "OwNnS'� 09-13-83 442SP/2273/00 -42- I i "AGENCY" REDEVELOPMENT AGENCY OF THE CITY Or HUNTINGTON BEACH Chairman 'ATTEST: Agency Secretary "CITY" CITY OF HUNTINGTON BEACH Mayor ATTEST: City Cleric f : . i ! ' Ai'PROVED AS TO E Rid• VED AS TO ' F 5 radling, Yocca, Cg%A Aofi Agency Coun el/CiJty Kttor :fy & Rauth, Special L al Counsel to the Agency DG-13-83 442SP/2273/00 �43- . scum r i i 4 i w "AGENCY" ..,,.REDEVELOPMENT AGENCY OF TBE C T OLD HUNTINGTON BEAC vp - dir ATTEST: gency SecretA y "CITY" CI-T" OF HUNTINGTON BEACH 11 ay ATTEST: I C APPROIrEb AS TO F APPROVED AS TO ORM : S redlinS, Yocca, Ca. o Agency ur el/Ci ttorney Rauth, Special Ia al Counsel to the Agency 09»13-•83 442SP 2273 00 -43- r .V 1' INITIATED AND APPROVED APPROVED: AS TO CONTENT: � Director, usiness and c acut ve Officor./Ci.ty Industrial Enterprise Administrator f . ,,, 1 7 1� DDA - Attachment No. 1 DEVELOPMErT SITE MAP c N ALa r Au v ITS, Its F ,4 ,� to ,O GO .-,0$7 ro 36 • 13S• �i 135 D9� a J , 9 37 93 09' t • 39 d .j© iai •� w w s r LLI 4/ 4 ISs' ,3510' a2 3 43 IA 14' IY5' Its 11' I20 ti AtcEr AL I.Er 70' 7s W 44 43 or r o iaf Go 44 92• 45 VV 4�p' t s JJ Y S -45- REQUES i FOR CITY COU►�OCk ACTION 1)ate September 9, 1983 SobmkW ta: Honorable Mayor/Chairman and City Council/RcOUNCIL Submitted by: Charles W. Thompson, City Administrator prsparrld by Office of Business and Industrial Enterpris ,,,�_,-�n %1T'1' GLARiC subject. APPROVAL OF KOLEDO LANE PROPERTY OWNERS' ASSOCIA �'i' E1VT5`Ati&_ AUTHORIZATION TO 'rHE DEPARTMENT OF PUBLIC -WORKS TO DISTRIBUTE AN RFP FOR ENGINEERING SERVICES FOR WORKING DRAWINGS AND SPECIFICATIONS FOR IMPROVEMENTS TO VACATEO .STREET- RIG -HI -OE -WAY Stsbmant of Iwo, Reoomnmdetion, Analysis, Funding Souroe, Alternative Actions, Attachment: STATEMENT OF ISSUE: ' Over the last several months staff hds been meeting on a regular basis with owners of the 16 4-plea buildings within the one -block demonstration project area of Koledo Lane within the Oakview Redevelopment Project Area. At this time it is necessary for the Council to take formal action on a variety of items related to the further implementation of this project. RECOMMENDATION: 1) After conducting the public hearing, approve and authorize execution of the [Disposition and Development Agreement between the Redevelopment Agency, City and Koledo Lane Property Owners' Association; 2) Approve and authorize execution of the Owner Participation Agreement with: Eugene and Wendy Campbell, Jerry Gnldfein, William Mince and William Dory, Oratio and Maria Cerrito, Jack and Marion Apodaca, Lyman and Arlene ,9urgmeier, Johr, Whelan, Lester, Mary C. 'and Bruce Stewart, John and Bonnie Chiu, Ky-ngoc Nyuyen, Ayyad R. and Evone A. Ghobrial; and authorize Continued negotiation with two non -participants: Julie Chan and Saing Soo Kim. 3) Per Operative Agreemen t,iio. 3, authorize staff to commence the acquisition process for the three 4-,nlex buldings whose owners have chosen not to participate in the Koledo Lane Demonstration Project: Julie Chan - owner of 17382 and 17402 Koledo Lane Saing Soo Kim owner of 17432 Koledo Lane, through' the alternativemeans to finance these acquisitions identified in Analysis (3) below. 4) per. Operative Agreo:menC,,No, 3, authorize the Department of Public Works to distribute an RFP for engineering consultant services to prepare the working drawings and specifications for the planned improvements within the Koledo Lane right-of-way; 5) Per Operative Agreement No. 3, authorize the Department of Public Works to commence the vacation of street right-of-way proceedings; t .-e.. 1, 6) Approve a Neighburhood Enhancement (Rehabilitation Loan) Program policy to provide 6 percent, fully amortired,.and assumable rehabilitation loans from CDBG funds for the rehabilitation of existing Q-plex buildings and construction of new yirages (maximum loan per building - $40,000); ANALYSIS: 1) Pursuant to State law, it is necessary that the Agency conduct a public hearing prinr to the approvai of the Disposition and Development Agreement since the implementation of this document will require the Agency to convey the previous street right-of-way to the Koledo Lane Property Owners' Association. 2) Through the,,rpgular biweekly meetings 0 th the Koledo lane property owners, the documents',necessary to create the Koledo Lane Property Owners' Association have been finalized. These documents ware transmitted to the Council prior to its study session on the subject matter on August 1, 1983. Also approval of the Disposition and Development 11,ireement is required at this time to facilitate the commencement of improvements within the right-of-way to be vacated. At this time 12 owners have executed these documents; only two owners (representing three buildings) have expressed their intention not; to participate. Before the Koledo Lane Property Owners' Association may be officially created and conduct its business, it is necessary for the, Council to approve these documents. 3) To implement the improvements envisioned for Koledo Lane, it is essential that all property owners participate. Staff has used every effort to make known to the existing property o►mers the benefit of participation in the planned improvements, and has stressed formation of the Koledo Lane Property Owners' Association as essential to the long range, comprehensive improvement to the area. However, two owners: Julie Chan, representinq two of the buildings; and Saing Soo Kim, representing one building, have stated their intention not to participate. (Mrs. Chan's buildings are currently listed for sale). Therefore, it is recommended that staff commence the acquisition process for these three buildings from Mrs. Chan and Mr. Kim. While the Redevelopment Agency holds title to the buildings, rehabilitation and construction of new garages will be effected and the CC&Rs will be recorded as a deed restriction on the properties. The alternatives for funding these acquisitions are: a) In cooperation with the cu:,rent property owner/participant in the Koledo Lane Demonstration Project Area, staff will attempt to assist in the acquisition of these three buildings by anothar private investor using private funds. In the event that this cannot be accomplished in ;a sufficient time to accommodate the schedule of implementation df this project, then one of the fallowing alternatives will be used: b) Staff will Y•2Cbltrilend are ro ramni n of crr�entl y , ioui� P 9 g geted;, -Unencumbered HCD funds to the Koledo Lane Project, and these funds will be used'for the acquisitions. Upon sale of the acquired properties, these funds would be returned to the City and refutded to the Block Grant Program letter of credit and could again be used for - the originally budgeted purpose; or a I 1.. � � ��� (1 ���A j 11 /.w .. •1 - : �� :1 C) T e C1ty may Apply to HUD�for 'a' Section .;108 loari guarantee ,through . wh,ich`''process, the City;;'may: garner approval, to dr:aw.: fun s� upon .future' year's .;ComrWhity Development. Block 'Grant `enoiltlements ...Through this proredurg the City has the opportunity to repay. this adv�inced draw of hinds over a six year -period; or t r d) The Redevelopment..Agency is empawered,�to� sel l!,-bonds ,in,�anticipation ofui:'ure tax increment 5ince;'the: Warner/Desch commercial"project ;. 1s nearing ,cr ncement the''Redevelopment 'Agency''�'cRUld seli'su�.h bonds 'and'pledge the anticipated tax increment whic6l, wil l' accrue from-; this"substantial.commercial'project.for repayment of the bonds," The t, proceeds of such bonds could then"be used to fund these acqui.5itions. 4) It"', is anticipated at(�,this ;t'ime that the ,Redevelopment'Agency� thrA�lgh the f use of ' the $400 000, a n� Cammu`hl i ty Development _ B �,ock.Grant funds' budgeted for tine � pur'pose, ,Wi,l 1 undet�tak�e, "the, desi gn .and' construction ` of the common area ` �Imp`rovementsarid;'' upon ,,the+ir'completion; shal l-%'deed` Ui's 'p'ai cel.;,to ,t„e anloutsideenrinaarrin `' sulSsociati"on'It .is necessary to cpr�tract with p y ;.Owner' _g g con � n ant_'` to provide the, work'i nI drawings and ,1 y y use to solicit construction"bids. ,spec ficatio s hic 'the Cit �a i n w h h m u „" 5) Its; is `reques' ed that lauthority,, grav ed to the Department of. PubI is `.Works staff to comment: they necessary''street Vacation process`, at this. time so that this process may,be'complefe'd in stifficient •tir+re to facilitate the c 'cons tru tio'n of the;:,improvenents. 1: b Ta.:avoi d ''undue rent, .i rc eases! t,i t ,:'i s r`eebmrnended that t h I 1 1 al, , •. ,. 1 ( I ci t'� a 'der ,of DBG, •.funds a �o! a able/ t " i n its caps' ty as.;a direc, Rl n ;C d ,, 'm k r vail investor` owners an koledo''Lane a' fully,'amcrti" d„Wand assumable, 15-.year: i reh abi 1. ei tat;i on . l o not! to �kc .`d ,;, , p r, i ng r at an .i n re$t rate This a ee 40 600 a build to an of b;,percent'.., is a.'deviattion ,fr`.om th'e-current Neighborhood EnhancOment'`PrograM `polticy�which offers``a, 12.1percent:.interest rate;tos! investor -owners. ;::Staff has :prepares! a era forma for�,,,eachl of- the buil'tlings t;l+ocated �on this `egmOnt, of Koledo Lan' and has"�detsrrnined that these terms are necessary` to make 'th;is rehabi-litat'lon effort financial ley feas i b ie. WUNDING 'OURCE: , ' a �1 1 U.51.. Oepar meat of ,Hoifsing and 'Urban Develpment; Housing and 'Community Development Block Grant ftintls. 1 ALTERNATIVE AC1~TONSt Do not,approve any or. all of the above ac' ions and refer these back to staff for furthest? investigation ATTACHMENTS: i . i1r•oject Narrative �. Document Summary 3. CC&Rs; OpA, Constructinn Agency Agreement; and Dda CWT:SVK:jb k REQUE c:.-. R CITY COUNCL, ACTION i, '' Dste August 25, ' 19,8 ;tic „ -Honorable Mayor and City Courtici 1 Vab an d ii: harles 'w. Thompsonj City Administr i (;f f Office of Business and Industrial Enterprise g�,b APPROVAL OF .I(Ot�£o0 LANE PROPERTY. OWNERS' ASSOCIATION DOCUMENTS AND :AUTNORIZATIO.I�,TO THE DEPARTMENT OF PUBLIC WORKS', TO. DISTRIBUTE AN RFP +, FOR':;ENG-%hEERING .SERVICES FOR, WORKING' DRAWINGS AND SPECIFICATIONS FOR IMPROVEMENTS ,10 MAC�4 STREET RYGH -0 -W6Y w, WWiiwW 6t I*n. Fiiayrft" "m, Anaiysit, Funding 3nuros, Alternative Actions, Attar,-liinents: STATEMENT: -Of ISSUE: 1 over the lait several, nontys, staff has been meeting on a regular basis with:.' 'owners' of the 16 4-pl�eii .buildings w.i_ hin_,_ the one -block" demonstration ,project ' areas ' of Koledo Lane wii;h i n the ,OaKy i ew Redeve i opment Project Area. At alit' time it is necessary for-the',Council to take formal action on a variety of atoms+'related to the further implementation` of this project. �r REOIOENDATION:.:' 1) Approve and;fauthodze the:'.Clerk to -execute the CC&Rs, Owner Participation and Construction 'Agency Agreement 'on behalf "of the Redevelopment Agen , 2) Rece�N`e''and' review a's inf6r'mation the'.Disposition and Development Agreement and; st:hedhle,: a public hearing, nn this ., document for the regular adjourned City Council/Red6relopment Agency meeting `'of Monday, September 199 1963. 3) Autljorize, the, , Department of nub1 i ` Works to . ' distribute an RFP f-r en iheeran consultant services ��_..� prepare the working drawings and specifications far the planned improvements within the Koledo Lane right,-of z�wt a 13w air '! ent of P • y�. -. 4) Authdirl �e h .p tme uo1 is Works to commence the vacation of street r + , Ar ri9htf�way' prdceQd,ngs; 5) Approve, a Neighborhood Enhancement (Rehabil'itation Loan) Program policy to provide 6 ;percent,, fully amortized rehabilitation loans from CDBG funds for the rehabilitation of� existing, 4-plex buildings and construction of new garages:(maximum.loan per building - 1409000); 6) Authorize the Red&ii'lopment Agency to acquire through eminent domain the three 4wplex'buidiriis whose owners have chosen not *t:o participate in the koledo Lane remonstration Project: Julie Chan - owner" of 17382 and 17402 Koledo Lane wing Soo Kim owner of 17432 Koledo Lane, and authorize staff to commerce the acquisition process through the alternative means to finance these acquisitions identified in Analysis (6) below. P+o "I r 5 ' 1 . l aIM SIs: .. 1) Through a e regul ar' biweekly meetings -with -.-the Koledo Lane property,,, owners, a dt; with the . coo o irition � of the: Redevelo meat A'"enc s eci al :'couniel ,, ` n 9 Y:. , . , St -id i n Yocca, Cari son . and Rauth' the., do ument .. y, , s necessary ,to . create �th'e'. Koledo ;Lane s'ro ert Owners AasociatioW :-have been" finalized. TMipse, P Y, ' r. i ted to the 'Council prior to' its study; `.'sess ion: ' on the docuaianLs were transni t sub,jisct matter,; on August ;1, 1983" Al so app`r,oval ;,of ttie •Dis0p it i,n and Development Agreement: is! required at this time to facilitate the ;. . , 9 _ _ ..,. commencement of im rovements within •the "- r�, ht of -way ,to be ,',vacated. ' P , . , ,.At th i s.: t inie all except two ow represent'inc� three buildings) have • , extcuted the CURS; Owner Participation cipation: �`,greement and construction Agency Agreement. . The other owners have, expressed, their 'inten•t.ion to, not, execute these-,. documents-, Before the Koledo-lane Property Owners' Association''•may,•, be •officially created and commence the conduction of its•business, it Is, necessary :the 'Counci'l to approve'these documents and a summary of the ,for 1contents f these is attached. •n 2) Pursuant, to . State : 1 aw, 1 t i s neces s ary,,- that, -the . Agency conduct a pub l'i -hearing, p'r•1or Tto the, approval of,;the .Disposition and Development Agreement', „ since'the itri 1' Atatio�n of this ,document p , w.i1.1 require the,'Ayency to convey the previi�u5 street right -of, -way to the Koledo Lane Property Owners' Association 3) The implementation , of a full:, ra'i'je of,,,i;�oravements. envisioned 'for "K'oledo -1arie `is"dependent upon the.watatian of t is,'one�bla�:k .segment of' 'the street. h an improveinent of ,this previous ri ght=of sway with,=: ,-,green space :and : `+ nticipated`;..at ;this,aitrie that; the addit It is. a ba y RedewelAAmentarAie'nc throe h', the' p g y,.. g use .,of the �4QO,000 in., Commu ' .• ! . ,: eve rat B;.ocic ';'Grant' funds .budgeted fior 'the per ose, wil•1.;. undertakerity P I. ,.the : • design n �' and ,construction .' _ . „ :. d " g,. ` of these im rovemerts , "and upon their ; completion, , shalflSi,;�deed the 'improved :real 'property "to •;the �Koledo� Lane Property- Owners' Associat.ivn. ement f. •this approach, f,it is P 'an toutside�engination' of • eering nsultantoto provide''the necessary;to c ntract "'With working ;'drawings and specifications which the City may use., to solicit , 'construction' bids. ; 4) �Simul�taneou iy. with -the process of preparing'plans for the implementation ornrnon:' arerequested, • • ; hiss c a improvements, ,.it is' "th'ority ' be , than au of , t . ,�, . rlY ,eces;5ar granted 'to tt�e Department of Pub i is Works staff ' to co -, , ' process*, �authorization...: q , rmemdn at this "street vacation -'This ,is re ui e is time'. so . cAss may be con', in suff•iciUt . time so' that.., once; i constr cti'1opr nteactor',is selected, there will be no delay in the actual. construction of the improye%ents.: 5) One of the, overriding goals for the implementation of Koledo Lane tip ,is ,avoid displacement of the lower income tenants who are residing in .,ni; 'translate area:: Since "the amount of new debt service will directly into,.a new rent schedule for the -units, it is recommended that the City, in its capacity as a , direct lender of CDBG funds, make available to investor -owners on Koledo Lane a fully amortized, 15•year rehabilitation loan not to exceed $40000 per building at an interest rate of ' G percent. This is a deviation from the current Neighborhood Enhancement Program policy which offers a 12 percent" interest Maize to investor -owners. Staff t.�10 .- ,.J 1, !♦ i it r I , 4s prepared a - pro forma for each of . the buildings .located,' on thin ae�$ment :�. of Koiedo gene and has detewailned :than the rate and terms .described, above are Vse which will make this rehabilitation,..'effort Jinancially feasiblewith!'an undo increase 'in rents r I,, 6) The edoptri ors of the Oakw i ew, .. Redeopnrent , Project Areal ncl uded the a . � p Rede.velopment�;p�an. Toy preraga,tive to 'use eminent ,domain ago ''iM lament .,the" impleknt .-the improvements envi sioned .,for'-Koledo h•ane, .it..Js essential ;that, All property owners participate. Staff has used.'."every effort to make known To thR. existing. property owners � the;`benefit. of participation in the. planned mprovempts. uutset' staff has stressed formation• sl.',do Lane��pro r Owners al of the Ko e 1 From t t, O y : , Assocl ition as : essential to the :.."ln"ng rafige, c rehensi,ve.: improvement - to the area and,, clearly, such ' an !; Assoc ation , annot:, function unless the owner qof , every, bu i l �l i n i s a ,member ,of the it , Associi�tion (in. faot,-f the CURS �tre uire, membership in the„Associat,iori) . However two: -owners: .44l ~ g oo; Kira, . representing' one; building, � hav,e made tit ;bui.lding's; and Senn � P e:.Chan, representing two known ` to; ,the Redevelopment. Agency,- staff that they do.:'not intend Ac participate iri this :�``lmprnvement:!effort (Mrs Chan's bui. dings are- ) g y the,'sted fy gsale '�hawefcre', .. ourrently 1 i ,, i t i s, recommended that th.e :A enc uti •l i ze. uthoei t ranted in: the , plan and,.'A� Write. staff ,;to' commence the acquisition process. -for these `three buildings from Mrs. "Chan and Mr: Kim.,,, 1 While the Redevelopment Agency ,holds title- to the � bui ldings, r.ehabi l iitat,ion and construction of :new garages_ . w.i�l l be ',effected , and,' the CC U''' wi 11 be recorded; as a deed restri'cL1on on the properties. The alternatives for funding �'thOtt acquisitions are: - a) In .coo eraflon with , the current Oroperty t owner/particlpan t in ,.the Ko iedo.`Lane _Demonstritlon Pr,oject'Area, stai;f ; wi 11 attemptto . assi'st -' in ,the, acquisition of these three buildings by another_.priVate l nvertor _using private. funds. In the event, that., ,this cannot be accornp,l i shed - in p Wil c i ent ' time 'to accommodate the , schedule 'of implementation of this project, troen one of the following alternatives will be used: h} . Staff .,'mill 'recommend a reprogramming .�.��t currently 'budgeted, -,funds' to the Kolado Lane `;Project; and these' funds . unencumbered �HCp _ U�'sale of the. ac wired ' I' will. be,� 'us d fo'r, thy, �a�cquisitions. poll)q' :properties,, these .fur�ds'�'wpuld be returned to the City and refunded to the,; Block Grant,,. Program lettr ' of credit;%and could again, be used for o, budgeted purpose; or i ,bu u e the i�nall d e r r 9 y 9 P p. , c} The' City may apply +o HUD fore' a Section 108 loan, guarantee through' � y. City,,'May. y g, p funds ucon9 f utu, e which process the Cit ma garner approval to draw M year s Communit Devela ment,"Block Grant entitlements. ,Through this .procedure the City has the opportunity to repay this advanced draw of Junds over a six year period; or d) The ,Redevelopment Agency is empowered to sell bonds' in anticipation Of future tax increment. Since the Warner/Beach commercial project is nearing commencement, the Redevelopment. Agency could -sell such bonds and pledge the anticipated tax increment which will accrue from this substantial comnerci al projW., for repayment of the bonds. The proceeds of'such bonds could then be used to fund these acquisitions. d the Assoc have currentjy P,�E"tUtO i`r tion documents are, . ..,Those.,: 'owners : who ., - enthutiAstic; .ebout the:'prospect `fo'r th�a improvements ;planned 'and 'alter_ to move fhrrra'd 1wf h the .implea►ent&Zion of11& KoIedo, lane Qemanstr.ation Project'. Far thie,rieisai�, `arid bec'allse this `project 1 viewed , as Ahe first step towar&`tKi • ' Oak 'Iew Area and a ke element Coepreihens i ve •.long range � improvement to the v , y -in •' _ adopted Redeve ,, .. descr•i bed the • .i+�lamentat�on r;�f ,the •, p lgpment Pl�en, , •the above . ctlarre ere recoarnded' apt, this time. FUNDING U'5..k-i,Dep& ment of. 'Housing and Urban Develpmenti Housing and Community Qevelopnt Block` Grant 'funds. -ALTERNATIVE ACTIONS: Oo . not .approve any. or all of the above actions and refer these back; to staff for :;further investigation. ,ATTACI ENTS ' 1 Rro ject iVairr, at i ve 2. Document Summary I. 4 1/. S 1( r 1 C. fA • , KOL-EDO LANE ,,PAOJEC ..,. ,DEMONSTRATION .'` IpTION NARRATIVE DES,. ; .• 1n the fall .of 1gOZ, the City' A Cni.`iy addptedr` a-,, Redevelopme'nt y' 9 Project Area for., the Oakview . neighborhi3od� The sauthe`r'n half of` this -. neighborhood i g,, of a 's developed with 4�-plex buil`din s pprnximately , years, of age. The Agency: selected, �► ane=block se mont;�of . Kr�leda,, Lane �to tdemonstrate 9' its , initilai,- efforts at'',.re0taj'ft1ng this neighbbrhoud. ..The ,previous,z•actions of the City. to improve`; conditrions 1'n this )neighborhood, : ncl udiilg the ; Cor1Str:UCtiOn . of a' corm unity center and its expansion; the cons t ruction of a daffy.' care center., and ; its expansion', and the construction of'; a new park, are reviewed in the attacheii narrative. With•the Koledo La''ie''Denronstration Project, the Redevelopment Agency envisions` the following improvements. . . , rehabilitation. of ahe 16 existingg 4-plat builoings held by 12 owners construction• of ri: 'new 5-Gar garage at the, rear of these !properties, to replace -tile existing 4 calr carports , .''':,.at he: b�cn of= each owner, the. construction'"pf: a, new 2-bedroom unit ,,,• of approximately! 900"`squ'are feet ab'ov`E: this,, 5=car garage ` • y a carnmitt j ed400,000 in Community Lion h'e, �Cit h inaddi ; , .Development 81ock ��funds '' to' •finance: the' con tr66066 ' 'of, ,,'Grant .'area improve'mentsl;i+hich,'include the .vaicat on `and closure of Ko'ledo Lane, for this 'gone '•b i;b& and:l, `construction ', of landscape . 'land. hardscape im rovements Withis are$ th'e-:.!im roYM,1'1 of the,; surroundln alle s which wi11 'becone the P 9' y ,primary vehicular access for these.units' the pay.,ing -of ,corenon .parking arias between the gai�a es 'at the rearlrof ► each property, To' ;,implement the pro ram, ,..an' amendment to the' ri �y's 'Neighborh000� Enhancement • p de a i zed (Retiaiblitation:loan's Program .to ro��� 5 percent; 15year ful y amc►rt ' 1,,.1 .loan .: to the �xi sting property, .owner,s ; to�,, fi nance , the �rehabi 1 station, of ' the existing 4-p1'exes and construction of the new '5-Car ,garages is. recommended. nticipa.ted `private'. sector f inar�ci l'g''` semen q i is ' to complete this project t The` en re u � include: to the' extent necessary or 'appropriate, the refinancing of existing debt on any or all 'of, the existing 4-plexes the' construction and. take=out financing for the fifth unit to be constructed above the garages at the option of each owner. , „ j} KALEDO LANE PROPERTY OWNERS 'ASSOCIATION'' DOCUMENT SUMMARY 'fl`r`,eri►;'.'f l lows a br�•ie -summa6 ,of the Declairatio'n ,,of Cp ditions Covenants aitd •i;,/�.R�str.icl loss'. 'Grant, of_IlEasements;♦, the Owner 'Partic patios '"Agreement'; the',;. . ,.rl , !f 0-'rtstr�tctlon :Agency Agre nlent, and the Disposition and Development Agreement. for ;;'R K�oledo Lane Property Owners. tdkbj n' 5, COVENANTS AND FIESTRICTIONS R .` }. r,, f^. .. I . '. r. �• - b r The, � CCHs for, the � bledo 11ane Property .Owners' Association is;rsimi 1 ar in :form content to the CURs;l,for condominium homeowners "associations.`' The .primary , rr `�l� Py Rose of, this:.:'doculmer� is :'to. create this associat"�ot� for the common mr tennnce ,:ei ,.; n n ' managemPn� of these• units including, such ,thing as' r and r..epatrsi common;':,1'ar�d areas grid parking, ..areas,, .building maintenance, t;,0lsurailce, trash collection, and property taxes ory, common , faci;lities. ; The 1C�;6Na,;:is divided , into .;1, ,"'articles, ''and the content's "of the` major of these, . artic1es a're igh 'ight''d below. h i ,1 Arfic1e` '- Use, Restrictions and Property;;lights . A + This art.ic,le restricts use. of the apartment 'units within the,f'project area r to, ith'at' of mul't ;family" rental : ho'ts5ing, and 'for 'i`ds such things as, 'hotel 'tenancy or., cos' om' ri•ium for time-sha't�e, hversions. Article 3: roper`t�! Ow, ners'''A'ssociatiol� and l�otinA,'Ri4iits r i of ; the pro ��. l'hisf. r,ticle establ'ish0s the creation, p sty ,Owners! 'Association and • tipu ates that;•:cwriership of each building shall be represented . in the /; � As soc"i it i on by one. vote . r, Articles Powers and Duties of Association ,,/ Thisarticl� s}ipulat�s,. tha powers of the •Association; to levy, assessments; ,to ino{kith &Tt 'owners for,: usual or`,' -'special fees an'd, in the ,e'vent of, non-pa'yrraent�' its re$piins'ibi lities of enforcement or the 'commas' benefit: , Article 5. Assessments ' This es6blishe5' that fhere''411�1 be a monthly assessment for each!,prbpe'rty . i n :an, amount su ff Wen cover ', to .coven tine common expenses incurred , ;by •I Association such as landscape and parking maintenance,' ut'ilitiQs, insu~znce, taxes on- commonly 'held ro erty and, to ttie 'extent.,desired by - tfiie 'Msoci ation, common -:building maintenance. Art�ic ie 7 .. Architectural Control This article establishes, an architectural review;'committee composed of members .of the Assaciation and requires that any major improvement .or renovation of any structures or- improvements receive the approval of this Comrnitree. - , Article 9 - Obligation to Maintain . Re air and Rebuild ` This i s ;.the, article 01c' h wi 11 accompI i sh: one of the'`'Ma jor ,objectives for the '�deinonstrilio'n projCct` in that, it charges the: responsibility of , nait1ases the o 'trepair ��f facilities , n shoal ;'. ten,ance and. ;.to the , Association. It also disc ' p, ions of,jr' tti Associata0 d ; any private' or common improvements `be destroyed;�by•"fire, 'earthquake'; or others calamity. PARTICIPATION AGREEMENT OWNiR' PARTIC, As th ro art owners i n'an of .,the Ci t 's re ' F p p y y. y_.. development, project Areas who , in�nd tu;�prtcicipate in'he implementation. af. the adopted redevelopment'pl'ah, owner,:: participation" agreements with, each The-, Owner oo nePrs!'.�in -the �Koledo Lane �demonstrat`ion 'roject ,will be, re u.ired- .;: P P p 9. 9, wn "r ar i c 1pati ant . on Agreern sirnp�y,',states .,,.that ., the ,,, ur ose of ., the a reement i s to implement the redevAlopment;',plen,' references the adoption: date of the ordinance for` the 4akYiew '.Redeveloprrnt`'Project Area, identifies, tr;e site pertinent .to ;;the agreement' a p ' ,'� is ,.•'nd ,the airties :�_to the �agreernent, ,�and'� stipulates 'the!,`improvements _ which''M111 bccur. The','Owner Participation's A#eement also provides .insurance y q s 'requires each: owner- to secure the us'daI C , r and indemnit re`uirements,; city paiirsai�d�maintenainceuo# publics facilities�a�es, a publ�c,:right of, access fore •: arid::''Is eoi f ications 'for. the im rovernEnts 1 armed t� eboth Hers to approve plans p p p '��r:�.vate and commonly herld property, ,`.:and provides for 'the c'ircunst'.ances under�:'whch the' agreemeht 'may, be..;termi Hated, `CONSTRUCTION -AGENCY -AGREEMENT This ;document is 'between' .the R'• �J' ' Redevelopment A encv r�11 : each , of the "prop�r~ty owners", ,+ and its,` purpose is to:, provide a vehicle trirough .which, a `property ' f owners '.can. a ppoint the Property Owners Ass'ociatior�,:as .their collective :agent f+ar;; the.,' purposes ,, of '.1co'nstr. ucti ng `,,the planned improverneA ts. Through thi s mechanism"it is envisioned that the. Association will -contra.t.with`one,,entity for the, -rehabilitation�''of the, existing 4 :plexes and the new" cons"t:Truction under one' contract-. , _ Th4 °w'ill ermit sub `ta t t fw. I ' s,. s n al .cos savings thr'oug s'ter P ,. , , .. .. � h.: on, � �.ma' contract and �. should, -also expedite, the c�n'structi;' and rehab lit'aitidh work. The agreement does' on to", sti pal ate : the• ob7 i gets on , of the property owners to pays, the i r approprtate. share:' of the costs 166urre b '.the Association fo4the constructs .. on ; of the rehabs i'i tati on= wdrk`�; , dk' provides des, that' .'the,. Associatioh. shall''revlew` and appro p The;'a reer-ie p�'' ' ' v� lens.;, � g ' ' �nt also,, ,.for` sutiscr,i tion, to the Worker's 'Compensation law and for nonscrimination for the term of the contract. .; UISPOSITION`ANU DEVELOPMENT AGREEMENT This 'agreement is- between the Redevel'upment. Agency and the Koledo. Lane Property ',Owners I Associ ation. The purpose of ; ttii s agreement .i s to provi de the mechanism through which the vacated street right-of-way may be improved,las. eL _ .l _. ..._--___. � � , _..__.............a..•a�.�4'..�YL.I.I.JI.Y.�L��JII i comon . l Mdscipe and park i n9 area, and subsequently .convey : to the `Assoc 1 ati on ce. This. -document Urth'6r identifies, the 'Agency parcel. (the` old , street- r fg6 t -of - P . • escrow. wf11 `ice: used fo. convey them mrcel," terms ,:a d - conditions, ,af title,,. "'in surance, axes �:�sssessments, snd ;recorPdatiw.:of `,�the,,appropri'ate deed.- o on si1�o , hus tha 'right, to , a prove .;.the sit , . The Ass,, c i at i } street .ri ht'of,_wa find .t • p e plan...fdr the , improvement.. o� •the old o 9 Y .. he c "nstruction drawl n•gs; and, related docui06ts The oacurr�nt';calls for4 the re' ' ,� ' of ' performance; requires that 'necesaAry goverrimerita�l:. a roval s be ach eyed r omn� p par �tion, of a; schedu1�;: '" • PP. _ i p for :t the c ncement:'f scrim•inatior rovi sionsr. necessary in `all .: construction and cont'ai ns,` tree -anti -di p pd as. Lastly, :;the documerW provides for the , terms wind ;,conditions under which it�'may Abe ' ermineted and; provide's that,' the,, Agency has the 'right to re-enter and tak7epossession oV66 parcel shoVId there, b' default on the part of the As'saci ation -at, any subsequent time. : r 1.. s r' I • t I t • r77- r, J ftEDEVELOPIZNT AGEOCX . M�l1 8 y : • � uncil ,cawbs c, Civic Center t+ , h, `ralifornin l� . Huntia*tod' llfc Monday,'Septewber 19, 1983 J A` tape recording of thi'a meeting is on file in Cne City;61ork sOffice Chkirsau Nsickiliater called the regular meeting` of the Redevelopment` Agency of'' tht` Ci'tY of ttuatiiagton; 8eecb to order at' 7 :30 p M. ~; JOINT`NESTING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY Chaiinan MacAllixter announced, that a 'point +aeeting of the City Coun iand �! the Redevelopu4ne"Ageincy had been `called. AGENCY 4DLL CA7.L 'Present: Pattinson, Thomas, Kelly, MacAllister, Finley, Bailey, Mandic 'Abae�nt: ,None' 1 PUBLIC COMMENTS' RELATING TO t,ITY/iIEDLVELOPNEMdT ITEMS ' No Ede came `forward to speak. 1 11 MIMES APPROVED 9/6 83 ' , 4i~ }' Z'he C1ork' preio' regular ,minuted, of September 6, � 1983 For conaideraGion by e the- Redevelopmnt Agency. ti Qii wotion' b Ka11y,second Patt' ` ,o meflt enc a roved .and ' inaon, the Redevel p �Ag y. pp adJcpted 't?iezgulat' minutea'`af September` 6, 1983 as written end on ii:le 'in }he. -Of tite of the Clerk.' `The motion carried byi the foll,oving rcll','aall vote: %< AYEp; Pattinon, '1'fi6nai, Kelly, "MacAllister,' Finley, Bailey ABSTAIN Mand is ABSROT None ' birector Thmaa left the room.. REDSVILOP1VENT AGE NCY, PUBLIC- t`1EARxNG -• SALE OF REAL PROPERTY � �KOLEi70 LANE •• OAKVIEW REDEVELOPMENT PROJECT AREA) It The Chair"n announced that this was the day and hour aet,Or a hearing by the ' Nedevei4mient Agency as required by California health and Safety Code Section 33431 ragarding the sale of ,curtain ' real property coamoa y known as Koledo Lade ('"Property") by the Agesncy, which 'property is loca;:ed in the Onkview Redevalopmut Project Area, as :required by thin certain Diapoeition and De"Idpoent Agreemant by and,swag the Agency, the City•of'Huntington Beach and koleda Lan* P:rbpert/, chwnera' Association, a copy of which is on file' in the Office' of the Clark. Pass' 3 Redsvelr�pwa�� gency Minutes - W9/63 � r motion; riivied by the following iral,l Cali votes i�` ,g i8: , %yattineoq, Kelly' NacAllister, Pinleyp Nandic NaZi.r;.; ,lout di the , sail AUi r, i 'f': Thmas roan)' „ r rareiiadet„etr�f::oE the rnathly raports;iof Rsdeveloposnt • ,,. Cis �ouueil ABanc�r Matters thAt had been 'requested priviously, ADJOURMMIRT REDEVELOPMENT ACE C The Chaiivan stated that'as a quorum was not expected;tor the October, 3, 1983 regular ikdevehopeeent'Agency ' eietting the aent metting',vould' be scheduled for., I i _m Y r # b =Council M(.nutes i- 9j19/93 Counn i 1iaan ` Thai a 1i fit t he roop. ":�RSD6�dBhG► tt'T 'AGL!NGY!'.1�tl%LIC ,HEARING. - SALES Of REAL PROPERTY �-. KOLEDO'LANE pA1(VIEW REDEVELOPMENT PROJECT AREA Thi' Chaima'n announced that this was the day., and hour set for a hearing by the Redwelo vent. ;Agency ,as •iequ;red by 'California- Health and Safety Code Section 33,431 the aale of. �certa'til,,real property commonly known as Koledo �xegaeding ("Pro �ert ")..b, the Agency, prop L1► ie p Y .Y ` ert is located ••fn the;;0akview Y , , ' •'�• ,Redevelo mentPro ect Area,— as required by: that certain Disposition ' and ''DeV elopteetit Agreemennt`'by 'and'amo'ng the Agency, the City of Huntington Beach ' ' and 'Koledo'Lane,.Property 0wh'' Aasociation, a copy of which is .on file in thet.dffice of-. the Uty,Clerk.' Torn Tfnchgr DicKctor of�Bueiness end, 'lirial Enterprise,. resented an Indug ; �� P • edo Lane�Pro'ect Steve Kohler, Senior.' ovetviet� of the of J . •', ,.Community. .. • ,.. 6646, lopmen.t Specialist, pkesenCed ali.de of the, area. �`Ne reviewed the ,bwner!-Pirticipation Agreement and "other re.TiLed documents. Discuasioll'was held between Mr.` Kohler and Council. tn' Mo"r declared:. thehearin$ open,The.Chairaa o one resen t to speak on' the•'matter .and tti aa g p ere being no;.prot„ 'st � TFere bean �n p ' ' �. . , .,1. ; ,.: . n ;- 'i'led, pithar" oral or written', : the hearLng was closed' by , the Mayor/Ciiairriu ' t A motion was mAde :by Patti.nson," seconded b;� Kelly', to take the following Approve'; and aukharize-texecution of the Disp&sition and -Development I .. Agreement betweeri� the, Rede'v'e lopmenL Agency,' City „and Koledo. Lane Property . f Owners 'AasocLacion. ,spprove {and !au ehor I'd execution,: of the caner.' Party oipation Agreement Eugene and Wendy Ca►mti tie 1, 'Jerry► �+01dfeLTi,1<�filliam �lUnc� and ',; `t W.,illiata.' Dory',',%'Oratio. 'and''Ma'ria' Cerrito+, Jack a�:d Marion'Apooaca, Lyman , ,. , ., Burgme`ir,• John' Whelan, Lester,- Mary�",C.:;and• Bruck Stewart, .,John and : Arlene'' ' .. , t ; and 'Sonnige 'Ch 1u,I Ky ilgoc Nyuyen, a;�ygd' A. and Lirone A • Ghob'rial�; and,. ;authorize -con tinued'negotiatian wLth,two non-partic�.panr":1 Julie Chan ,t and, -Sating Soo Kim', .. The motion carried by, the foltowing:ro11 caLl votes ;AYE5`s Pattinson, Kelly,Ma'cAll'ister, Finley, .Mandie for'S t Bailey AHSEN'Tt' - Thomas (out of ;the room) A moiia'n:wiaa made, by' Pattinaon, seconded by Kelly,,Per Operative Agreement No. 3;'4uthorixe staff`,to,,commence the acquisition process for the three 4-plai .. `'buildings•whose owviers have chosen not to participate in the Koledo Lane Demonstrati.'on Project: Jule 'Chan - owner of 17382 and 17,402 Koledo Lane, ;Sating Soo' Kim - owner of 17432 Koledo Lane; through the `..iternative meads to !. finance these acquisicioi.a identified 'in Analysis (3). The emotion carried by. a. A fiche following roll call vote: 71` Jh , r , • OEM l w . •i '1 Page 7 6%InciI Minutes - 9/19/83 AY19f',, piitineon. Retly, MacAllister, Finley, Mendic "f . ABSENT., . Thomas (out of the coexe) Wti0 was 'spade by :Maihdic, seconded b� Pattinson, to take the following action• Per, 0 arative,; Agreement No. 3,1 ,authorize the Department of Public,'"Works log distribute an RFP for engineering„consultant services to prepare the workingdrawings and. s �ecificat'ions fo p im roveemeats within B P r the ]armed $• the Kaleuo lane 'right-af-way, ' 7. Per: rperati.ve Agreement No. '-3, 'authorize the � Department of public Works to: cctimence the v#cation of strut right-of-way. proceedings. ' , : , •, 3. Approve a Neighborhood Erih'ancemarYt (itehabilitation Ldan); program policy a provide fiercent, �u ' y r loans t fully amortized' and A,ssurnable rehabilitation • from CDHG "funds for the''rehabilitation of ex�.atinq�.4-pYex buildings, and . r � g g loan,'per building - $40,Orldi. construction of new garages (maximum The moti,on'carri.ed••by the following roll call vote: AYES:'- Pattin`sc�n, "Kelly, MacAllister, Finley, Mandic ++ g.0le'y ' A$SLN�': Thoraa'a' (out of the 'room) The'., City Co`uncil';reminded,..stiff of. the monthly repasts !of nedeve,lopmenG;AgEncy matters that ltad',been requested previously. r A9JOURNMENT '-.REDEVELOPMENT AGENCY r4 - , •t 1• '1• fir.'• , .•J ., ..The; !.Chaa;�-mun stated ,that .=as 'a quorum was riot expected . for' the 0c sober 3, :19h3 , ,. .,_regular;::,Redevelopment' Agency meeting cho—hext.,meeting would':be' scheduled' #or .�� October. ? p, ,1983:" a I O !'equest'' to��Addies's Counc'i:l - ,YWCA' '`Centr;�l 0rnn a Coun J " • f 11 � �••.irY�� ■ Y�� 'rhe_Clerk • •ation 'from•t'ne YWCA :of Cen, rat Orange Count P ed ai ,c�mmun�c tressnt • • y ' g s.,Counci'l,.regardinit its D�.spute Resolution Center wh ich is • `: . bexne�utlized�b�rre ', theCity."•. ,. B y sid'ents of Mimi�'�Lister l, 'DisVu[e,,Resolutioe Center Project Director, requested Council's support of their sponsorship by ,Ut ited Way. CYt Georee Arnold requested &'parking lot. business license extension.: He s�okfl: regarding step signs in need of painting and;.r�-;striping that needs to be redone, particularly in the northern part o.the city. 'Councilman Thomas returned,to the room. �` PA Lob,—_. F IF "ira '°• �' "� �' rx�y •P rv', ;��'ti � ; ,-.;�-.,�.� D -r. � a•�r "tiJ` :At, 4ty7r. , }{ � )•?' � '11Y.-f , ` � yY} �' . 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