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HomeMy WebLinkAbout1996 Annual Holly Seacliff Dev Agrmt Compliance Report - Chevron/PLC/Vickers/New Urban West 5/5/97 - 1997-05-05Council/Agency Meeting Held:. T 97 Deferred/Continued to:. 0"Approved ❑ Conditionally A proved ❑ Denied 4O�'�° "`4' City C rk's Signature Council Meeting Date: May 5, 1997 Department ID Number: CD 97-23 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrato / ^ PREPARED BY: MELANIE S. FALLON, Community Development Director lx^-- SUBJECT: Review of the 1996 Annual Holly Seacliff Development t Agreement Compliance Report Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmentaltus,: Attachment(s) r' Transmitted for your consideration is the 1996 Annual Holly Seacliff Development Agreement Compliance Report. Section 3.1.1 of the Holly Seacliff Development Agreement requires the Developer to submit an annual monitoring report to the City which itemizes each requirement of the Development Agreement and provide a response as to the status of each requirement. This is the sixth consecutive review of Development Agreement Compliance. Since last year's review, the Development Agreement properties have been sold by Chevron Land and Development Company to three companies: PLC; MS Vickers II, LLC and New Urban West, Inc. In general, however, PLC acquired most of the infrastructure obligations of the Development Agreement. Staff has reviewed the 1996 monitoring report submitted by PLC and the actions of the other new owners and has prepared a compliance report. The Planning Commission and staff have determined that the Developers and the City are in compliance with the Holly Seacliff Development Agreement. Funding Source: Not applicable. :v •ttu=t•T _ �t Motion to: "Determine that the Developer and the City are in Development Agreement by accepting the 1996 Annual Certificate of Development Agreement Compliance." compliance with the Holly Seacliff Compliance Report and execute the REQUEST FOR COUNCIL ACTION MEETING DATE: May 5, 1997 rZINTS.D.77im•u •1 •1 •t 1117!1112_ .. DEPARTMENT ID NUMBER: CD 97-23 THE MOTION MADE BY LIVENGOOD, SECONDED BY KERINS, TO DETERMINE THAT THE.DEVELOPER IS IN COMPLIANCE WITH THE HOLLY SEACLIFF DEVELOPMENT AGREEMENT, APPROVE THE 1996 COMPLIANCE REPORT AND FORWARD TO THE CITY COUNCIL FOR REVIEW AND APPROVAL, CARRIED BY THE FOLLOWING VOTE: AYES: LIVENGOOD, BIDDLE, KERINS, SPEAKER, CHAPMAN NOES: NONE ABSENT: INGLEE, TILLOTSON ABSTAIN: NONE The City Council may make the following alternative motion: "Continue the 1996 Annual Holly Seacliff Development Agreement No. 90-1 Compliance Report and direct staff accordingly." w � ; A ' � • • � � r � r - Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Location: Approximately 450 acres located between Ellis Avenue on the north, Huntington Street on the east, Edwards Street on the west and the Seacliff Golf Course on the south. Section 3.1.1 of the Holly Seacliff Development Agreement No. 90-1 requires the Developer to prepare an annual monitoring report and staff to prepare a compliance report both of which ascertain good faith compliance by the Developer and the City with the terms of the agreement. Both reports evaluate the annual progress of improvements made by the Developer associated with required improvements in the Holly Seacliff area. On October 30, 1996, PLC submitted its 1996 Annual Monitoring Report. Staff has reviewed the report and has determined that the developer has complied with the requirements of the Development Agreement. Staff has also reviewed the actions of MS Vickers II, LLC and New Urban West, Inc. CD97-23.DOC -2- 04/29/97 9:27 AM REQUEST FOR COUNCIL ACTION MEETING DATE: May 5, 1997 DEPARTMENT ID NUMBER: CD 97-23 The Holly Seacliff Development Agreement (DA) was adopted by the City Council on November 5, 1990. The Development Agreement requires the Developer to dedicate over 43 acres for the proposed Linear Park, construct infrastructure improvements, construct arterial streets and landscape medians, dedicate 12 acres of local parks and contribute toward Fire and Police Department capital facilities operating costs. In return, the Development Agreement gives the Developer vested rights to proceed with development in accordance with existing land use regulations for a period of 15 years from the effective date of December 5, 1990. Since adoption of the DA the affected properties have been owned by entities affiliated with Chevron Land and Development Company. The developer -arms of the Company were Pacific Coast Homes and Seacliff Partners. In Spring of 1996, after last year's annual review, Chevron sold the DA properties to three companies as follows: 1) PLC acquired 383 acres primarily in the Holly Seacliff Specific Plan (HSSP) area, 2) MS Vickers II, LLC acquired 65 acres in the HSSP area and New Urban West, Inc. (NUWI) acquired 41 acres (The Hamptons project in the Ellis Goldenwest Specific Plan area). Thus, this annual review encompasses the actions and DA obligations of each of these companies. It focuses, however, on PLC as that company acquired almost all of the significant DA obligations. (PLC has, in turn, sold some of its properties to other developers. In these sales, PLC has retained responsibility for all DA obligations with the exception of payment of fees associated with building permits.) This review is the sixth consecutive Holly Seacliff Development Agreement Compliance Report prepared for Planning Commission and City Council review and approval. Each year, staff prepares a Compliance Report which has been approved by the Planning Commission and the City Council. This year, as with years past, staff has determined that the developers and the City are in compliance with the requirements of the Development Agreement from December 6, 1995 through December 5, 1996. A summary and schedule of the above responsibilities for the various phases is included as Attachment 1 to the 1996 Annual Monitoring Report prepared by PLC (provided in the Planning Commission staff report, Attachment No. 2). To date, the Developer has spent in excess of $12 million for right of way acquisition and construction and has completed approximately 80 percent of the Phase 1 improvements, 30 percent of Phase 2, 50 percent of Phase 3, and 10 percent of Phase 4 improvements. Since last year's review, improvements to Ellis Avenue between Goldenwest and Gothard Streets have been completed (with the exception of a traffic signal at Ellis Avenue), and New Gothard, between Ellis and Garfield Avenues, was opened at the end of March 1997. CD97-23.DOC -3- 04/29/97 9:27 AM REQUEST FOR COUNCIL ACTIN MEETING DATE: May 5, 1997 DEPARTMENT ID NUMBER: CD 97-23 Progress in completing improvements slowed in early 1996 due to Chevron's decision to sell its property. Since June of that year, however, PLC has continued efforts to proceed with development. To date, building permits have been requested and issued for approximately 150 units on property governed by the DA, including 100 units in The Hamptons project. This represents less than four percent of the total residential units allowed under the DA. To summarize, the Developer has proceeded in good faith with completion of required improvements. The Planning Commission staff report dated March 25, 1997, provides a complete overview of how the Developer and the City have complied with the obligations of the Development Agreement (Attachment No. 2). Subsequent to the Planning Commission meeting, MS Vickers II, LLC submitted a letter regarding their responsibilities per the DA (Attachment No. 4). As discussed at the Planning Commission meeting, PLC has acquired most of the DA obligations per agreements with MS Vickers II, LLC. The Planning Commission reviewed the 1996 Annual Compliance Report on March 25, 1997 and determined that the Developer and the City are in compliance with the requirements of the Development Agreement. Two members of FANS (Friends and Neighbors of Seacliff) spoke in favor of approval of the annual review supporting the actions of PLC. A representative of PLC provided a summary of actions taken by the company in the last year. A fourth person spoke regarding the design of Summit Drive where it connects to Seapoint Avenue and asked if it could be modified to allow left-hand turns onto Seapoint. The Commissioners asked several questions regarding: the potential decrease in units in Holly Seacliff and the timing of arterial improvements. I ifivillyl Staff has determined that the Developer and the City are in compliance with the requirements of the Development Agreement. Arterial street improvements, water and sewer infrastructure and dedication of land for the proposed Linear Park and local parks are on schedule. Staff is working on completing the negotiations for the proposed water reservoir site and the outstanding right-of-way segments which are required by the Development Agreement. CD97-23.DOC -4- 04129/97 9:27 AM *QUESFOR COUNCIL ACT• T MEETING DATE: May 5, 1997 DEPARTMENT ID NUMBER: CD 97-23 The annual review of the Holly-Seacliff Development Agreement project is covered by Final Environmental Impact Report No. 89-1 which was certified by the City Council on January 8, 1990. No additional environmental review is necessary. Final Environmental Impact Report No. 89-1 contains mitigation measures which assures that all former oil production land will be cleaned up to meet the City's standards for clean soil. Staff has an ongoing mitigation compliance program which the Developer has complied with as work progresses in the Development Agreement area. 1. Development Agreement Area Map. 2. Planning Commission Staff Report dated March 25, 1997. 3. Certificate of Compliance for 1996. 4. Letter from MS Vickers 11, LLC dated April 22, 1997 CD97-23.DOC -5- 04/29/97 9:27 AM L] • TO: Planning Commission FROM: Howard Zelefsky, Planning Director BY: Mary Beth Broeren, Associate Planner'') DATE: March 25, 1997 SUBJECT: ANNUAL REVIENV OF THE HOLLY SEACLIFF DEVELOPMENT AGREEMENT (NO. 90-1)1996 COMPLIANCE REPORT -LOCATION: Holly Seacliff and Ellis Goldenwest Specific Plan Area The Holly Seacliff Development Agreement No. 90-1 requires the Developer to prepare an annual monitoring report and requires staff to prepare a compliance report. The purpose of these reports is to ascertain good faith compliance by the Developer and the City with the terms of the Agreement and evaluate the annual progress associated with required improvements in the Holly Seacliff area. This is the sixth consecutive review of Development Agreement Compliance. Since last year's review, the Development Agreement properties have been sold by Chevron Land and Development Company to three companies: PLC, MS Vickers II, LLC and New Urban West, Inc. In general, however, PLC acquired most of the infrastructure obligations of the Development Agreement. Staff has reviewed the 1996 annual monitoring report prepared by PLC and the actions of the other new owners and has determined that the developers are in compliance with the requirements of the Development Agreement. Staff recommends that the Planning Commission determine that the developers are in compliance and forward the report to the City Council for review and approval. Motion to: "Determine that the Developer is in compliance with the Holly Seacliff Development Agreement, approve the 1996 Compliance Report and forward to the City Council for review and acceptance." 0- 0- APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 PROPERTY OWNER: Various, see Attachment No. I RE QUEST: Review of the Holly Seacliff Development Agreement No. 90-1 Annual Compliance Report. DATE ACCEPTED: October 30,1996 RIM1017FIRI WIN 001411 Inao Lw'm 0 Eli km i LOCATION ]'-.! GENERAL RA -AN. z ZONING :":" ANDUSE Subject Property: Residential Low Density, Holly Seacliff Specific Residential, Residential Medium Plan and Ellis Goldenwest Commercial, Industrial Density and Residential Specific Plan and Vacant Medium High Density, Commercial General, Industrial General, Mixed Use, Open Space -Park, Open Space -Commercial Recreation North of Subject Open Space -Park Open Space -Parks and Huntington Central Property (across Recreation Park Ellis Avenue) East of Subject Residential Medium Medium Density Condominiums, Property Density Residential Apartments South of Subject Open Space -Commercial Open Space -Parks and Golf Course, High Property: 'op' Recreation, Public Recreation School West of Subject Open Space -Park Open Space -Parks and Proposed Linear Park Property Recreation Staff Report - 3/25/97 2 (97SR19) • The Holly Seacliff Development Agreement (DA) was adopted by the City Council on November 5, 1990. The DA covers 545 gross acres in the west central area of the city, including most of the Holly Seacliff Specific Plan (HSSP) area and approximately 51 acres in the Ellis Goldenwest Specific Plan (EGSP) area. It requires the'developer to dedicate 41.3 acres for the proposed Harriett M. Wieder Regional Park, construct infrastructure improvements, construct arterial streets and landscape medians, provide 12 acres of local parks and contribute toward Fire and Police capital facilities operating costs. In return, the DA gives the Developer vested rights to proceed with development in accordance with existing land use designations for a period of 15 years from the effective date of December 5, 1990. Section 3.1.1 of the Development Agreement requires the developer to prepare and submit an annual monitoring report to the City. Since adoption of the DA the affected properties have been owned by entities affiliated with Chevron Land and Development Company. The developer -arms of the Company were Pacific Coast Homes and Seacliff Partners. In Spring of 1996, after last year's annual review, Chevron sold the DA properties to three companies as follows: 1) PLC acquired 383 acres primarily in the HSSP area, 2) MS Vickers II, LLC acquired 65 acres in the HSSP area and New Urban West, Inc. (NUWI) acquired 41 acres (The Hamptons project in the EGSP area). This, this annual review encompasses the actions and DA obligations of each of these companies. It focuses, however, on PLC as that company acquired almost all of the significant DA obligations. (PLC has, in turn, sold some of its properties to other developers. In these sales, PLC has retained responsibility for all DA obligations with the exception of payment of fees associated with building permits.) On October 30, 1996, PLC submitted its 1996 Annual Monitoring Report (Attachment No. 3) and staff has reviewed the report for compliance with the requirements of the DA. Staff has not yet received a Report from MS Vickers 11, LLC but provides an analysis of their requirements in this report. The actions of NUWI are also reviewed. Staff has prepared a Compliance Report for review and approval for all DA properties (Attachment No. 2). The Compliance Report is being submitted to the Planning Commission for annual review purposes to determine whether or not the developers have complied with the terms and conditions of the DA as of December 5, 1996. Following a public hearing, the Planning Commission shall either find that the developers have complied with the DA, by approving the Compliance Report, or, if it finds contrary, make a recommendation to the City Council regarding appropriate action. The Planning Commission's actiori will be forwarded to the City Council. Staff Report - 3/25/97 3 (97SR19) On January 8, 1990, the City Council approved the Holly Seacliff General Plan Amendment which established the Master Plan for the Holly Seacliff area. The DA is based on the Master Plan and all proposed development must conform to the land use designations as identified in the General Plan, Specific Plans and the DA. The Holly-Seacliff Development Agreement covers properties located in the Holly Seacliff Specific Plan and the Ellis Goldenwest Specific Plan. These two zoning documents prescribe the development standards for properties located in the DA area. The DA itself complies with the Huntington Beach Ordinance Code in effect when the DA was adopted. The Holly Seacliff Development Agreement No. 90-1 is covered by Final Environmental Impact Report No. 89-1 which was certified by the city Council on January 8, 1990. No additional environmental review is required for this report. A portion of the Holly Seacliff Development Agreement No. 90-1 is located within the City's Certified Coastal Zone. No action is necessary for this review. Redevelopment Status: Not applicable. • Not applicable. Subdivision Committee: Not applicable. The Public Works Department is responsible for reviewing, approving and monitoring all infrastructure development such as grading, street improvements, traffic signals, water and sewer system improvements and public area landscaping improvements. Attachment No. 4 is a memo dated February 20, 1997 from the Public Works Department which provides a status report of the requirements monitored by the Public Works staff. The Public Works staff has concluded that PLC is in compliance with the DA. The staff has also indicated that NUWI and MS Vickers II, LLC are in compliance with the DA. Staff Report - 3/25/97 4 (97SR19) lam•.��� The Fire Department is responsible for monitoring compliance with emergency response requirements such as requiring opticom devices on traffic signals, compliance with soil remediation of the development areas and the land dedicated for park purposes and annual payments towards paramedic services for the Holly Seacliff area. The Fire Department did not have any concerns for this annual review. The Community Services Department indicates that the Development Agreement obligations have been met to -date. The Police Department has reviewed the 1996 Monitoring Report and did not have any concerns for this year's annual review. Location and design of the public safety facility have not been determined by the Police Department to date. This review is the sixth consecutive Holly Seacliff Development Agreement Compliance Report prepared for Planning Commission and City Council review and approval. Each year, staff prepares a Compliance Report which has been approved by the Planning Commission and the City Council. This year, as with years past, staff has determined that the developers and the City are in compliance with the requirements of the Development Agreement from December 6, 1995 through December 5, 1996. The following is an overview of the requirements of the DA, including a summary of infrastructure improvements, phasing of street construction and construction of public safety requirements. Section 2.2.1 of the DA requires land dedication of 41.3 acres for Linear Park (Harriett M. Wieder Regional park). The dedications were completed as of last year's annual review. Section 2.2.2 requires dedication of 12 acres for neighborhood parks and construction of park improvements. PLC is on schedule with the design and processing of the approvals for the three local parks (four acres each) required by the DA. One of the parks is in a development that will be under construction by April 1997 and is located south of Ellis Avenue between Goldenwest and Gothard Streets. •I -y • u• • �� ,�• •�. �. Section 2.2.4 of the DA requires the developer to design and construct circulation and streetscape improvements in the Holly Seacliff area, including 4.5 miles of arterial highways, eight traffic signals, and 3.2 miles of landscaped medians. A general phasing plan for the arterial improvements is provided as Attachment No. 5. Staff Report - 3/25/97 5 (97SR] 9) Section 2.2.4 specifies the respective responsibilities of the Developer and City in the design, approval, right of way acquisition and construction of the arterial improvements, as follows: Developer RespQ]3sibilities Design . Prepare & submit alignment plans Prepare & submit improvement plans Right of Way Acquisition Prepare legal descriptions Dedicate Developer's right of way Provide funding for legal, appraisal title, and City right of way services Construction Perform utility relocation, grading and construction of improvements Cry Responsibilities Design Review & approve alignment plans Review & approve improvement plans Right of Way Acquisition Order litigation guarantees & appraisals Notify & negotiate with owners Prepare & adopt resolutions of necessity and initiate condemnation proceedings, if required Acquire rights of way Construction Approve reimbursement agreement(s) Issue necessary permits Inspect and accept improvements A summary and schedule of the above responsibilities for the various phases is included as Attachment I to the 1996 Annual Monitoring Report prepared by PLC (Attachment No. 3 in this report). To date, the Developer has spent in excess of $12 million for right of way acquisition and construction and has completed approximately 80 percent of the Phase 1 improvements, 30 percent of Phase 2, 50 percent of Phase 3, and 10 percent of Phase 4 improvements. Since last year's review, improvements to Ellis Avenue between Goldenwest and Gothard Streets have been completed (with the exception of a traffic signal at Ellis Avenue), and New Gothard, between Ellis and Garfield Avenues, is expected to be opened at the end of March 1997. Completion of the balance of the improvements is dependent upon completion of the respective responsibilities of the City and the Developer. The phasing of development is addressed separately from the phasing of improvements in the Agreement. Section 2.3.2 of the Agreement states that the City and Developer acknowledge that the development of the Project cannot be precisely predicted, and that the Developer has the right to proceed with the development as the Developer deems appropriate. The Developer has the right to proceed slower with the development of the Project or may accelerate the schedule of development to the extent that project impacts have been mitigated. Progress in completing improvements slowed in early 1996 due to Chevron's decision to sell its property. Since June of that year, however, PLC has continued efforts to proceed with development. To date, building permits have been requested and issued for approximately 150 units on property governed by the DA, including 100 units in The Hamptons project. This represents less than four percent of the total residential units allowed under the DA. Staff Report - 3/25/97 6 (97SR 19) W W- To summarize, the Developer has proceeded in good faith with completion of approximately one-half of the required street improvements while requesting building permits for Iess than four percent of the total units allowed by the Agreement. All traffic impacts of the Developer's projects have been adequately mitigated. Further performance of the Developer's obligations is dependent on further performance by the City of its respective responsibilities in the areas of approval of improvement plans, acquisition of right of Way, and approval of reimbursement agreements. .�. • �e+ • !�'� ++fit • �_- 'ow ,O.venue between Edwards and Goldcpyw6st._Stree�hilse 2BI Is Section 2.2.4 (h) of the Agreement requires the Developer to construct the above improvements for the benefit of the City, and as consideration, the Developer shall receive a credit against traffic impact fees for all costs associated with these improvements. As indicated on Attachment 1 to the Annual Monitoring Report, the Developer prepared and submitted alignment and improvement plans for these arterials in 1991 as required by the Agreement. In June 1992, the City approved improvement plans for the north half of Ellis Avenue for design only. Approval for construction is contingent on the City completing the acquisition of all remaining right of way parcels along the north side of Ellis. As of March 18, 1997, the City had acquired all 61 parcels. Improvement plans for the segment of Edwards Street north of Ellis Avenue have been submitted but have not been approved by the City. The primary design issue involves the determination of the ultimate vertical alignment or slope of Edwards Hill. City staff and PLC have met to discuss design alternatives, and PLC is preparing engineering plans for the design. Southern California Edison has been contacted for comment as they have several poles that will need to be relocated. Right of way acquisition has been completed. To summarize, the Developer is required by the Development Agreement to design, fund the acquisition of remaining right of way, and construct improvements to Edwards and Ellis for the benefit of the City. The Developer has complied with these requirements to date but cannot proceed without additional actions and approvals of the City. These actions and approvals include approval of a final design for Edwards Street and issuance of necessary permits and agreements for construction. PLC is required to complete street improvements to Goldenwest Street adjacent to the Hamptons Tract 14892 at the northeast corner of Garfield Avenue, per the terms of the DA. Improvement plans for Goldenwest Street were prepared several years ago by the City but were not constructed pending the City's acquisition of remaining right of way along Goldenwest Street in this area. The equestrian trail and landscaping improvements at this location have been completed. Staff Report - 3/25/97 7 (975R19) The street improvements to Goldenwest Street cannot proceed until further City acquisition of right of way occurs elsewhere at the intersection to allow full intersection improvements including property aligned traffic lane geometrics and signalization. Approximately, 22 parcels owned by 11 property owners have yet to be acquired. PLC will be required to complete these street and intersection improvements with the widening of Goldenwest from Ellis to Yorktown Avenues. r- MST.,� Sections 2.2.5(h) and 2.2.6(b) require PLC to construct a nine million gallon water reservoir and a fire station. The City has identified a prospective site for both facilities on Edwards Street, south of Ellis Avenue, and is pursuing acquisition. It is anticipated that design work will begin in late Spring of 1997. The Ellis Goldenwest Specific Plan was adopted by the City in June, 1989 and is part of the Existing Land Use Regulations that govern development of the property covered by the Development Agreement. Approximately 51 acres of property within the 160-acre Ellis Goldenwest Specific Plan are subject to the Agreement. This property includes The Hamptons Project, being developed by NUWI, and a future elementary school site, owned by PLC. NUWI is responsible for completion of the Hamptons project, the last phases of which are under construction. The remaining DA requirement pertaining to that project is the improvement of Goldenwest Street between Garfield and Edwards and is the responsibility of PLC (see discussion on page 7 of this report). MS Vickers 11, LLC is responsible for infrastructure improvements as they pertain to properties under their ownership. Their DA properties include the Seacliff Village Shopping Center and scattered properties south of Garfield Avenue mostly designated for industrial development. To date, MS Vickers II, LLC actions have not triggered any DA obligations. The 1996 Annual Monitoring Report conforms with the requirements of the Holly Seacliff Development Agreement No. 90-1. Infrastructure improvements have been constructed within the established deadlines and land dedications for Harriett M. Wieder Regional Park and Huntington Central Park have occurred on schedule. Staff recommends that the Planning Commission approve this annual monitoring report and forward to the City Council for review and approval. Staff Report - 3/25/97 8 (97SR19) The Planning Commission may take alternative actions such as: A. Continue the annual review of the Holly Seacliff Development Agreement No. 90-1 Compliance Report and direct staff accordingly. B. Deny the annual review of the Holly Seacliff Development Agreement No. 90-1 Compliance Report with findings for denial. 1. Property Owner Map 2. The 1996 Holly Seacliff Development Agreement No. 90-1 Compliance Report prepared by staff. 3. The Annual Monitoring Report prepared by PLC dated October 30, 1996. 4. Memo from the Public Works Department dated February 20, 1997. 5. Arterial Improvement Schedule, dated March 4, 1997. SH:MBB:kjl Staff Report - 3/25/97 9 (97SR19) -:�7- *ON ININHOViiV IME11=1111111 Him LG LA --- --- -------- m ja THE 1996 ANNUAL HOLLY-SEACLIFF DEVELOPMENT AGREEMENT COMPLIANCE REPORT (From December 6,1995 through December 5,1996) 2.2.1 Linear Park (a) Dedicate 41.3 acres for Linear Park: (1) 4.9 acres by 2/5/91 C (2) 7.9 acres by 6/30/91 C (3) 6.7 acres by 12/31/91 C (4) 7.7 acres by 6/30/92 C (5) 7.8 acres by 12/31/92 C (6) 3.6 acres after Shell gas plan removed, by 12/31/94 C (7) City has option for 5 years for additional 2.7 acres or 4.5 C acres. City has opted for 4.5 acres (b) Dedicate land free and clear of oil and gas equipment C (c) Rough grade portion of Park adjacent to Tentative Tract 14355; F cooperation other rough grading (d) Provide landscaped buffer between park and new tracts F (e) Provide CLTA preliminary title report on dedicated land C W Receive credit for 35.6 acres of park dedications C (9) If City requests additional 2.7 acres, then credit is 41.3 acres; if C City requests additional 4.5 acres, then credit is 43.1 acres (h) Park credit can be applied to other residential developments P (i) Additional dedication or fees may be required by law F C=Compliance p=In Progress F=Future Obligation N=Non Compliance 1 :TTACHMWT7N1Q. 2.2.2 Neighborhoods Parks (a) Dedicate 12 acres for neighborhood parks F (b) Identify sites on tentative maps and dedicate at recordation P (c) Construct improvements for $1,200,000. Complete each park F at one-half (1/2) unit occupancy for each planning unit (d) Maintain Park until City acceptance F 2.2.3 Public Right -of -Way and Private Streetscape Improvements (a) Dedicate and improve public rights -of -way per phasing plan P (b) Improve Perimeter streetscape and trails on Developer's P property (c) Maintain perimeter streetscape improvements P 2.2.4 Traffic Circulation Improvements (a) Dedicate, design and improve arterials. Prepare plans within P 120 days of effective date, and submit improvements plans within one (1) year of adoption of precise plans. Commence construction within 120 days of City right-of-way acquisition and plan approval. Complete within three (3) years (b) Prepare local street plans P (c) Design and construct intersection improvements P (d) Construct and landscape medians P (e) Maintain Transportation Corridor in Area C C (f) Pay $150 per trip traffic impact fee P (g) If Cross -Gap Connector not built during term of Agreement, F pay additional traffic fees if required (h) Construct street improvements to north half of Ellis and P Edwards north of Ellis; receive credit against traffic impact fees C=Compliance P=In Progress F=Future Obligation N=Non Compliance 2 ATTACHMEUTNO. z).a (i) Lower 42 inch water main at Edwards and Garfield C {j) Developer eligible for Reimbursable Costs for off -site P infrastructure improvements (k) Dedicate -all Developer's property within rights -of -way for P arterials (1) Above improvements mitigate all traffic impacts P 2.2.5 Water, Sewer Drainage and Utility Improvements (a) Construct all master plan sewer facilities to serve Project P (b) Construct all drainage improvements to serve Project P (c) Upsize infrastructure if necessary because of density transfer F (d) Underground overhead utilities except 66kv P (e) Construct Cross -Gap water main, or its equivalent within C project area (f) Install "green acres" distribution and service lines P (g) Developer eligible for Reimbursable Costs for (a) through (f) F (h) Construct nine (9) million gallon water reservoir, booster P stations, well and transmission lines. Start pre -design within 180 days of Effective Date. Start construction within 120 days of City site acquisition 2.2.6 Fire and Emergency Medical (a) At first building permit, start annual payments of $223,300 for P paramedic services, until 1,000 units or assessed value increase of $775 million (b) Construct, furnish and equip fire station on land provided by P City, not to exceed cost of $3,150,000, subject to adjustment, Developer eligible for Reimbursable Costs C=Compliance P=1n Progress F=Future Obligation N=Non Compliance A TACHMENTNO. .� 3 (KL9718P) r •, 2.2.7 Police (a) Construct, furnish and equip police substation at a fire station, F cost, not to exceed $654,000 subject to adjustment. Developer eligible for Reimbursable Costs 2.2.8 School Facilities (a) Designate school site as provided by law, and encourage C Developer and District to negotiate in good faith 2.2.9 other Development Controls (a) Maintain minimum of 100,000 square feet GLA in "mixed C development" area (b) Prepare a Holly-Seacliff Specific Plan C 2.2.10 Fees (a) Pay all fees as required by Existing Land Use Regulations C (b) Pay any increases to existing fees adopted on City-wide basis 1 (c) Pay proposed "planning permit processing fee" if adopted F (d) Pay any police/fire operating fee adopted, subject to 2.2.6(a) F (e) Pay any increase in water service fee, subject to 2.2.5(h) F M Pay any new City-wide fee imposed on all 1' (9) Pay any new fee for new development impacts, based on City )' study (h) Pay traffic impact fee, subject to 2.2.4 1' (i) Pay annual Report Review Fee C (j) Pay only fees that are legally valid; increases in building fees C are not retroactive C-Compliance Pm --In progress_ F-Future Obligation N-Non Compliance 4 :'; 1 hC H M T, .0.4. 2.1.11 Reimbursement Agreements (a) City shall reimburse Developer upon receipt of fees generated P from other development served by excess capacity (b) Director of Public Works verify Developer's actual costs and F determine Reimbursable Costs. (c) Disputes appealable to City Administrator, then City Council. (d) Reimbursable Costs based on 3,780 units, even if fewer units built (e) Apportion any unrecoverable costs in an equitable manner between Developer and subsequent developers (f} City to use best efforts to obtain maximum Reimbursable Costs P for Developer from future development (g) Balance of Reimbursable Costs adjusted annually, not to P exceed 200% of original cost 2.2.12 Approval as to Form by City Attorney City Attorney must approve form of instruments conveying C dedications 2.3 Development Standards and Schedule 2.3.1 Permitted uses and development standards are those setforth in Existing Land Use Regulations (EL UR) and Agreement 2.3.3 The only Development Exactions applicable are those in ELUR and this Agreement 2.3.4 No additional Subsequent Land Use Regulations shall apply 2.3.5 Developer may apply to form an assessment district, community facilities district or similar special district to finance public improvements C=Compliance P=In Progress F=Future Obligation N=Non Compliance -%1-1, 5 ` � �NL97149 • =�-� 2.4 Amendments to Existing Land Use Regulations 2.4.1 Developer and City may seek mutually desired changes to the Project or Existing Land Use Regulations (SLUR). If mutually agreeable Holly-Seacliff Specific Plan is approved, its standards become part of SLUR. Developer to notify City in writing if Specific Plan agreeable 2.4.2 If EL UR conflict with State or Federal laws, those portions of EL UR will be modified or suspended to comply 2.4.3 Developer to comply with all state -mandated Uniform codes 2.4.4 City can modify or suspend Developer's right to proceed, if necessary, to protect against immediate or serious threat to public health or safety. Public hearing required if Developer disputes 2.5 Processing of Development Approvals 2.51 City agrees to review all applications in accordance with P EL UR. No subsequent or supplemental EIR's shall be required unless impacts exceed level of impacts addressed in EL UR 2.6 City to cooperate to secure permits and approvals required by City or other agencies having jurisdiction Section 3 Periodic Review Default, Remedies; Termination 3.1 Periodic Review 3.1.1 Developer to prepare and City to review an Annual P Monitoring Report 3.1.2 City Council may review Report at public hearing P 3.1.3 & 3.1.4 Provides procedure for notice and hearing on modification or termination, if necessary 3.1.5 City to issue certificate of compliance, if appropriate C=Compliance P=In Progress F=Future Obligation N=Non Compliance ATTACHM�TI�. �. (� 0 0 3.2 Failure to perform is a default. Provides time period for cure 3.3 City may terminate in event of default 3.4 Disputes are referred to a retired judge 3.5 Remedies are cumulative. Inaction not a waiver of default 3.6 No cross defaults 3.7 Termination in event of judicial invalidation 3.8 Restitution to Developer if City terminates without just cause Section 4 General Provisions 4.1 Indemnification, defense, and hold harmless 4.2 Assignment 4.3 Encumbrances of the property, rights of mortgagees 4.4 No third party beneficiaries 4.5 Term of the Agreement is 15 years (December 5, 2005) 4.6 Agreement runs with the land 4.7 Project is a private undertaking 4.8 Consent shall not be unreasonably withheld 4.9 Covenant of goad faith and fair dealing 4.10 Cooperation in execution of documents 4.11 Cooperation in the event of legal challenge 4.12 Amendments and waivers 4.13 Time of essence 4.14 Extension of times of performance C=Compliance P=ln Progress f=Future obligation N=Non Compliance hi iHCHMkttTlNP. a CI • 4.15 Severability 4.16 Notices 4.17 Interpretation 4.18 Compliance with City's procedures Section 5 Authority to Execute 5.1 City Authority 5.2 Developer Authority 5.3 Recordation 5.4 Entire Agreement Ce-Cornpliance P�In Pmutss F=%Future Obligation N,--Non Compliance Pf • October 30, 1996 Ms. Mary Beth Broeren, Associate Planner Community Development Department 2000 Main Street Huntington Beach, CA 92648 Subject: Holly Seacliff Development Agreement No. 90-1 Annual Monitoring Report Dear Mary Beth We are pleased to submit for your review the sixth annual monitoring report for the Holly Seacliff Development Agreement No. 90-1. The attached table identifies all of the developer's obligations and the status of compliance with each obligation as of November 1, 1996. In accordance with Section 3.1 of the Agreement, would you please forward this report to the Planning Commission and City Council for their review and approval and issuance of a certificate of development agreement compliance. Please let me know if there is any additional information you need. Sincerely, WHIiam D. Holman Planning & Government Relations EncI. cc: Michael Uberuaga Gail Hutton Connie Brockway Melanie Fallon Chris Gibbs Daren Groth 1 PLC land Company 23 Corporate Plan, Suits 250 714. 721. 9777 Telephone Newport Beach, Caliiomia 92660 714. 729. 1214 Facsimile Development Agreement No. 90-1 Section 1 Definitions Status Comments Section 2 Development of the Property 2.1 Developer's Right to Develop. City's Right to Regulate Development Developer has vested legal right to proceed with Development of Project in accordance with Agreement. City has right to regulate Development of Project consistent with Developer's vested rights and terms and conditions of Agreement. 2.2 Developer's Obligations 2.2.1 Linear Park (a) Dedicate 41.3 acres for Linear Park: (1) 4.9 acres by 2/5/91. C (1) Deed to Parcel 1 (5.2 acres) delivered to City on February 4, 199I. Deed recorded June 3, 1994 and Parcel I transferred to County of Orange July 14, 1994. (2) 7.9 acres by 6/30/91. C (2) Deed to Parcel 2 (7.7 acres) delivered to City on June 28, 1991 and recorded December 18, 1992. (3) 6.7 acres by 12/31/91. C (3) Deed to Parcel 3 (6.7 acres) delivered to City on December 20, 1991 and recorded December 4, 1992. (4) 7.7 acres by 6/30/92. C (4) Deed to Parcel 4 (7.4 acres) delivered to City on June 26, 1992 and recorded March 14, 1995. (5) 7.8 acres by 12/31192. C (5) Deed to Parcel 5 (7.7 acres) delivered to City on December 15, 1992 and recorded March 14, 1995. (6) 3.6 acre after Shell gas plant removed, by 12/31/94. C (6) Parcel 6 deeded to County of Orange on May 27, 1994 per Amendment 1 to Development Agreement 90-1. (7) City has option for 5 years for additional 2.7 acres C (7) City Council authorized exercise of option to acquire Parcel 7b on April 4, or 4.5 acres. 1994. City Council released option to acquire Parcel 7a by quitclaim deed recorded December 22, 1994. Deed to Parcel 7b accepted by City on December 4, 1995 and recorded on December 8, 1995. (b) Dedicate Iand free and clear of oil and gas equipment. C (b) All oil and gas wells on dedicated parcels (except Parcel 7b) have been n(Does not apply to Parcel 7b.) abandoned in compliance with the State of California Division of Oil and C-)Gas standards and all production equipment was removed prior to = dedication. Oil well abandonment and disposition reports and environmental site assessments have been submitted evidencing compliance m with applicable regulations and accepted by the Fire Department. Z Z 0 j C In Compliance P = In Progress F = Future Obligation Q J 1 I I/1/96 Development Agreement No. 90-1 Status Comments (c) Rough grade portion of Park adjacent to Tentative Tract F 14355; cooperate on other rough grading. (d) Provide landscaped buffer between park and new tracts. F (e) Provide CLTA preliminary title report on dedicated land. C (e) Title reports were delivered with above deeds for dedicated parcels. (f) Receive credit for 35.6 acres of park dedications. C (f) City has authorized a credit of 42.32 acres for Parcels 1-7. (g) if City requests additional 2.7 acres, then credit is 41.3 acres; C if City requests additional 4.5 acres, then credit is 43.1 acres. (h)_ Park credit can be applied to other residential developments. 1' (h) To date, City has applied 22.24 acres of credit to new developments, leaving PLC a balance of 20.08 acres. (i) Additional dedication or fees may be required by law. F 2.2.2 Neighborhood Parks • (a) Dedicate 12 acres for neighborhood parks. I' (b) Identify sites on tentative maps and dedicate at recordation. P (b) Two neighborhood park sites are identified in approved Tentative Tract Maps 14659R (10 acres) and 14661 (4 acres). Parks will be dedicated upon recordation of final maps for these tracts. (c) Construct improvements for $1,200,000. Complete each park P (c) Conceptual Development Plan for SeaGate neighborhood park located at one-half unit occupancy of each planning unit. within TTM 14661 approved by Community Services Commission June 8, 1994. Conceptual Development Plan for Sherwood neighborhood park located within TTM 14659 approved by Community Services Commission April 12, 1995. (d) Maintain park until City acceptance at final release of tract. F 2.2.3 Public Right of Way and Private Streetscape Improvements (a) Dedicate and improve public rights of way per Facilities P (a) Phase 1 improvements to Garfield Avenue, Seapoint Street and Edwards Improvement Plan. Street north to Ellis Avenue completed October 1992. Phase I median landscaping completed September 1994. Phase 2A (Ellis Avenue-Goldenwest to Gothard) completed December 1995. Phase 3A (Gothard Street -Ellis to Garfield) is under construction. (b) Improve perimeter streetscape and trails on Developer's P (b) Phase I perimeter Iandscaping completed September 1994. property. (c) Maintain perimeter streetscape improvements. P (c) PLC or private homeowners associations are maintaining all perimeter landscaping. 2.2.4 Traffic and Circulation improvements (a) Dedicate, design and improve arterials. Prepare precise P (a) • Refer to Attachment I for status of alignments, improvement plans, right plans within 120 days of Effective Date, and submit of way acquisition and construction schedules. improvement plans within 1 year of adoption of precise plans. • As of September 30, 1996, Developer has deposited a total of $1,551,019 with City to fund right of way acquisition and related legal services. C = In Compliance P = In Progress F = Future Obligation 2 11/l/96 Development Agreement No. 90-1 status Comments Commence construction within 120 days of City right of way • Acquisition of right of way in all phases proceeding. acquisition and plan approval. Complete within 3 years. (b) Prepare local street plans. 1' (b) Local street plans submitted with each tentative tract map. (c) Design and construct intersection improvements. P (c) New traffic signals have been installed at the following intersections: Edwards/Garfield, Seapoint/Garlie[d, Saddleback/Garfield, Gothard/Ellis and ' Gothard/Promenade. Opticom devices installed at five intersections June 1994. (d) Construct and landscape medians. P (d) Construction and landscaping of Phase 1 median in Garfield completed September 1994. Gothard Phase 3A median under construction. (e) Maintain Transportation Corridor in Area C. C (e) Requirements for the designation and maintenance of the Transportation Corridor were adopted as part of the Holly Seacliff Specific Plan. (f) Pay $150 per trip traffic impact fee. P (f) Fees (less credits) payable prior to final inspection or certificate of occupancy. As of September 30, 1996, a total of $201,440 in credits have been applied to new developments. (g) If Cross -Gap Connector not built during term of Agreement, F pay additional traffic impact fees, if required by traffic study. (h) Construct street improvements to north half of Ellis and P (h) Cultural resource mitigation pro -ram completed September, 1991, final Edwards north of Ellis; receive credit against traffic -report submitted February 1992. Preparation of improvement plans for impact fees. Edwards Street on hold pending City evaluation and approval of design alternatives. (i) Lower 42" water main at Edwards and Garfield. C (i) Completed as part of Phase I improvements. (j) Developer eligible for Reimbursable Costs for offshe P {j) Refer to 2.2.1 1(f) infrastructure improvements. (k) Dedicate all Developer's property within rights of way for P (k) Right of way dedications will be made on final maps or by separate instrument if improvements constructed prior to final map recordation. arterials. . (1) Above improvements mitigate all traffic impacts. P 2.2.5 Water Sewer Drains a and Utility Improvements ]> (a) Construct all master plan sewer facilities to serve Project. P (a) Reaches I & 6 sewers in Garfield Avenue and Seapoint Street completed as ___ i part of Phase I improvements. Reaches 2 & 4 sewers in new Gothard Street :rJ and Ellis Avenue completed September 1995. New lift station completed C) July 1996. Reach 5 under construction. (b) Construct all drainage improvements to serve Project. P (b) Reach 1 storm drain in Garfield Avenue completed as part of Phase I improvements. Reach 2 storm drain system in Ellis Goldenwest area and M z z 0 - C = In Compliance P = In Progress F = Future Obligation 3 1 1/1196 r Development Agreement No. 90-1 Status Comments Goldenwest Street culvert completed March 1995. Reaches 4, 5, 6, 7A, 7D and 8 storm drains, desilting basin, Ellis Avenue culverts and outlet structure completed. (c) Upsize infrastructure if necessary because of density transfer. F (c) Approved density transfers have not resulted in upsized infrastructure requirements. (d) Underground overhead utilities except 66kv transmission lines. P (d) Undergrounding of Southern California Edison overhead distribution lines and relocation of 66kv transmission lines along Edwards and Garfield ` completed as part of Phase I improvements. Phase 2A and 3A utility relocations (Ellis Avenue, Gothard Street) complete. (e) Construct Cross -Gap water main, or its equivalent within C (e) 16- and 20-inch water mains installed in Garfield Avenue as part of Phase project area. 1 improvements. (f) Install "green acres" distribution and'service lines. P (f) Reclaimed water lines in portions of Garfield Avenue, Seapoint Street and . Edwards Street installed as part of Phase 1 improvements. Revised master plan for non -domestic irrigation system, utilizing both reclaimed and subpotable water, approved by City October 31, 1994. Memorandum of understanding for City/County reimbursement for developer -installed reclaimed lines submitted March 2, 1995. Reimbursement agreements drafted, pending OCWD & City approval. (g) Developer eligible for Reimbursable Costs for (a) through (f). F (g) Refer to 2.2.11(f). (h) Construct 9 million gallon water reservoir, booster P (h) Preliminary soils investigations conducted on City -designated reservoir stations, well and transmission lines. Start design within site and report submitted to City. Design started in March 1991; final 190 days of Effective Date. Start construction within I20 report for design of Sunset Heights reservoir, booster station, transmission days of City site acquisition. Developer eligible for mains and Warner Avenue water well completed July 1992. City Reimbursable Costs. negotiating acquisition of alternate reservoir site. Reimbursement agreement for supplemental capacity of reservoir being drafted. 2.2.6 Fire and Emergency. Medical (a) At first building permit, start annual payments of $223,300 P (a) Developer has made four annual payments totalling $989,772. Paramedic for paramedic services, until I000 units or assessed value unit on-line at Gothard Station July 1993. increase of $775 million. (b) Construct, furnish and equip fire station on land provided P (b) City pursuing site acquisition. -. by City, not to exceed cost of $3,150,000, subject to adjustment, Developer eligible for Reimbursable Costs. ' 2.2.7 C) Police -�-- (a) Construct, furnish and equip police substation at fire station, P (a) City pursuing site acquisition. m cost, not to exceed $654,000 subject to adjustment. Developer eligible for Reimbursable Costs. Z 0 _ C In Compliance P = In Progress F = Future Obligation I 4 11/1/96 Development Agreement No. 90-1 Status Comments 2.2.9 School Facilities (a) Designate school site as provided by law, and encourage C (a) Elementary school site reserved within Tentative Tract 14009. Acquisition Developer and District to negotiate in good faith. of site and construction of school addressed in School Facilities Impact and Mitigation Agreement entered into between Developer and Huntington Beach City School District in February 1992. City consent to conveyance of elementary school site to Huntington Beach City School District approved June 6, 1994. 2.2.9 Other_ Development Controls (a) Maintain minimum of 100,000 sq. ft. GLA in "mixed C development" area. (b) Prepare a Holly-Seacliff'Specific Plan. C (b) The Holly Seacliff Specific Plan was adopted by the City Council on April 20, 1992. 2.2.10 Fees (a) Pay all fees as required by Existing Land Use Regulations. C (a) Developer has paid all required application, plan check, permit and impact fees associated with Project for all applications submitted. In addition, Developer has agreed to reimburse City for staff costs related to right of way acquisition and project management. (b) Pay any increases to existing fees adopted on City-wide F basis. (c) Pay proposed "planning permit processing fee" if adopted. F (d) Pay any police/fire operating fee adopted, subject to F 2.2.6(a). (e) Pay any increase in water service fee, subject to 2.2.5(h). F (f) Pay any new city-wide fee imposed on all owners, businesses, F and residents. (g) Pay any new fee for new development impacts not otherwise F mitigated, based on City study. (h) Pay traffic impact fee, subject to 2.2.4. F (h) Fees, less any credits, payable prior to final inspection or certificate of occupancy. (i) Pay annual Report Review Fee. C (i) Fee paid with each Annual Monitoring Report. (j) Pay only fees that are legally valid; increases in building C fees are not retroactive. 2.2.1 I Reimbursement AF-reements The following apply to Reimbursable Costs and agreements: (a) City shall reimburse Developer upon receipt of fees generated P (a) Holly Seacliff Specific Plan requires City to establish and administer a C = In Compliance P = In Progress F = Future Obligation c-- 5 1111196 Development Agreement No. 90-1 from other development served by excess capacity. (b) Director of Public Works verify Developer's actual costs and determine Reimbursable Costs. (c) Disputes appealable to City Administrator, then City Council. (d) Reimbursable Costs based on 3,780 units, even if fewer units built. (e) Apportion any unrecoverable costs in an equitable manner between Developer and subsequent developers. (f) City to use best efforts to obtain maximum Reimbursable Costs for Developer from future development. (g) Balance of Reimbursable Costs adjusted annually, not to exceed 200% of original cost. 2.2.12 Approval as to Form by City Attorney City Attorney must approve form of instruments conveying dedications. 2.3 Development Standards and Schedule 2.3.1 Permitted uses and development standards are those set forth in Existing Land Use Regulations (SLUR) and Agreement. 2.3.2 Developer has right to develop at rate it deems appropriate. Minimum schedule is Exhibit J. Rights are cumulative. 2.3.3 The only Development Exactions applicable are those in the ELUR and this Agreement. 2.3.4 No additional Subsequent Land Use Regulations shall apply. D�' 2.3.5 Developer may apply to form an assessment district, community _._ facilities district or similar special district to finance public 3=� improvements. 2.4 Amendments to Existing Land Use Rep ulations f3 I 2.4.1 Developer and City may seek mutually desired changes to the Z Project or Existing Land Use Regulations (SLUR). If mutually Z 0 C = In Compliance P = In Progress F = Future Obligation Status Comments program for developer fair share funding of required public improvements. Traffic Impact Fee Credit and Reimbursement Agreement approved by the City Council on February 20, 1996.- Reimbursement agreements for Green Acres pipelines drafted; agreements needed for water reservoir and other major infrastructure. P (f) Proposed Cost Reimbursement District 93-1 denied by City Council February 22, 1994. A Public Infrastructure Financing Program for the I lolly Seacliff area was prepared and submitted to the City for review and approval on April 4, 1995. City needs to adopt fees commensurate with actual improvement costs if reimbursement is to occur. P C City Attorney (and City Council) approved grant deed form for park dedication February 4, 1991. 2.3.5 Proposed Cost Reimbursement District 93-1 denied by City Council February 22, 1994. 2.4.1 Holly Seacliff Specific PIan adopted April 20, I992 (Ord. 3129). Developer agreed to incorporating HSSP into ELUR December 2, 1992. 11 / 1196 Q 0 Development Agreement No. 90-1 Status Comments agreeable Holly Seacliff Specific Plan is approved, its standards become part of ELUR. Developer to notify City in writing if Specific Plan agreeable. 2.4.2 If ELUR conflict with State or Federal laws, those portions of ELUR will be modified or suspended to comply. 2.4.3 Developer to comply with all state -mandated Uniform Codes. 2.4:4 City can modify or suspend Developer's right to proceed, if necessary, to protect against immediate or serious threat to public health or safety. Public hearing required if Developer disputes. 2.5 Processing of Development Approvals 2.5.1 City agrees to review all applications in accordance with ELUR. No subsequent or supplemental EIR's shall be required unless impacts exceed level of impacts addressed in ELUR. 2.6 Cooperation in Securing Approvals City to cooperate to secure permits and approvals required by City or other agencies having jurisdiction. Section 3 Periodic Review Default, Remedies, Termination 3.1 Periodic Review 3.1.1 Developer to prepare and City to review an Annual Monitoring 3.1.2 City Council may review Report at public hearing. 3.1.3 & 3.1.4 Provides procedure for notice and hearing on modification or termination, if necessary. 3.1.5 City to issue certificate of compliance, if appropriate. -. J ' 3.2 Failure to perform is a default. Provides time period for cure. C) 3.3 City may terminate in event of default. m3.4 Disputes are referred to a retired judge. Z Z 0 JC6 C = In Compliance P =1n Progress F = Future Obligation Amendments to I lolly Seacliff Specific Plan adopted May 19, 1992 (Ord. 3145), September 21, 1992 (Ord. 3170), August 2, 1994 (Ord. 3243) and August 15, 1994 (Ord. 3244). Affordable Housing Plan for Seacliff Partners' properties approved by City Council February 28, I994. 3.1.1 1995 annual report submitted by Developer on 1024/95 and approved by City on 2/5/96. 3.1.5 City has issued certificates confirming Developer's compliance with the terms of the development agreement for the period through March 1996. 7 11/1/96 0 0 Development Agreement No. 90-1 3.5 Remedies are cumulative. Inaction not a waiver of default. 3.6 No cross defaults. 3.7 Termination in event of judicial invalidation. 3.8 Restitution to Developer if City terminates without just cause. Section 4 General Provisions 4.1 1"dem"MC-Ation, deft'nse, and hold h-Armless 41 Assignment 4.3 Encumbrances of the property; rights of mortgagees 4.4 No third party beneficiaries 4.5 Term of the Agreement is 15 years (December 5, 2005) 4.6 Agreement runs with the land 4.7 Project is a private undertaking 4.8 Consent shall not be unreasonably withheld 4.9 Covenant of good faith and fair dealing 4.10 Cooperation in execution of documents 4.11 Cooperation in the event of legal challenge 4.12 Amendments and waivers 4.13 Time of essence 4.14 Extension of times of performance 4.15 Severability 4.16 Notices 4.17 Interpretation 4.18 Compliance with City's procedures Section 5 Authority to Execute 5.1 City Authority Status Comments 4.2 The City has consented to the following sales or assignments of properties covered by the Development Agreement: Date Ass_ ianor Assignee Description 6/6/94 Seacliff Partners HS City School District 8.3 acres 5/6/96 Pacific Coast Homes PLC 387 acres 516/96 Pacific Coast Homes MS Vickers II, L.L.C. 61 acres 5/20/96 PLC Carl M. Weaver 0.8 acre I0/7/96 PLC Lennar Homes 34.1 acres 10/7/96 PLC Polygon Communities 24.0 acres ion/96 PLC Shea Homes 25.6 acres I0/7196 PLC Taylor Woodrow Homes 22.9 acres C =1n Compliance P = In Progress' F = Future Obligation I ill/96 Development Agreement No. 90-1 5.2 Developer Authority 5.3 Recordation 5.4 Entire Agreement Status Comments •; 9. C] l ri 0 i.i) C = In Compliance A =1n Progress F = Future Obligation q l l / 1 !9b ATTACHMENT 1 TO 1996 ANNUAL MONITORING REPORT HOLLY SEACLIFF ARTERIAL HIGHWAY IMPROVEMENT STATUS REPORT DEVELOPER SUBMIT ALIGNMENT PLANS CITY ADOPT ALIGNMENT DEVELOPER SUBMIT IMPROVEMENT PLANS CITY APPROVE PAP. PLANS CITY COMPLETE ROW ACO. DEVELOPER COMMENCE IMPS. DEVELOPER COMPLETE IMPS. ACTUAL DEADLINE ACTUAL DEADLINE ACTUAL DEADLINE ACTUAL I DEADLINE PHASE] GARFIELD (Seapoint to Galdenw+est) 2/12191 4113191 IM2 10116190 1/6193 9/13191 215192 W13191 614/92 10119192 9113M4 EDWARDS (ENs to Garfield) 2/12191 4113191 41•LO132 101t6190 4120183 911381 3&92 9113191 713192 10119/92 9113194 EDWARDS (Inlet to EMS) 2112MI 4/13191 4120192 4M6191 420/93 . SEAPOINT (Garfield to Dotaf) 10/16190 4113191 7116190 10116190 7116191 9113191 1o1'd0/91 9113191 227/92 10/19192 W13194 PHASE 2 ELLIS (Edwards to Goldenwesq 2M2191 411191 42OM2 4116MI 4120/93 626M ` ELLIS (Goldenwest to Gothard) 2/12191 4113191 4120192 619191 4/20193 7122193 1116M6 10/17/94 5115196 12114M 10/17197 GOLDENWEST (EIff9 to Yorldown) 2112191 4113191 420192 7113M 4/20193 7126194 HP ASE 3 GOTHARD (EIAs to Garfield) 2/12191 4/13191 4 IWI 2110/92 4115192 9094 1/11195 912194 4111195 92/97 GOTHARD (Garfield to Maln) 2112191 4113191 4115191 211UI92 4/15/92 10i30195' HP- ASE 4 GARFIELD (Goldenwest to Golhard) 2 I2191 4113191 420192 8/19191 412W3 622196 GARFIELD (Gothard to Huntington) 2112191 4/13191 420M 728192 412M93 125/96` MAN (Huntington to Garfield) 2112191 4M3191 420192 7I2&92 420193 125196' MAIN (Garfield to CI&%j W12191 4113191 420192 211OM3 420193 ' - APPROVED FOR DESIGN ONLY ii!Ti[•rri 0 a 9 • �. CITY OF -HUNTINGTON BEACH INTERDIEPARTMENTAL COMMUNICATION TO: Mary Beth Broeren Associate Planner FROM: Bruce P. Crosby Civil Engineer Assistant SUBJECT: Comments on Holly Seacliff Development Monitoring Report DATE: February 20, 1997 Public Works has reviewed the 1996 Holly Seacliff Development Monitoring Report. The Public Works Department feels that the developer is in compliance with the Development Agreement with regard to public works related improvements. Additionally, it is our feeling that the status of the public works related items addressed in the recent monitoring report submitted by the developer are correct, with the addition of the following comments. Item 2.2.4(a) Arterial Highway right-of-way acquisition is nearing completion. Golden West Street and Crystal Street south of Garfield are the only streets with out standing right-of-way issues that need to be completed prior to allowing construction to proceed. All other arterial highway improvements are proceeding accordingly as identified on the "Nally Seacliff Arterial .Improvement Schedule - March 1996" (copy attached), with the exception of Gothard Street between Ellis and Garfield which is expected to be open at the end of March 1997. Item 2.2.4 (a) Virtually all of the arterial street improvement plans within the Holly-Seacliff Specific Plan area have been designed and approved (the exception is Gothard Street between Garfield Avenue and Main Street and this design is being reviewed for approval at the moment). Unfortunately the arterial street improvements have not proceeded at steady pace and have in fact been done in a piece -meal fashion. This has resulted in a great deal of unanticipated additional staff time for review and coordination with other projects underway. Item 2.2.4 (c) New traffic signals have not been installed at all of the locations mentioned in the Monitoring Report. The intersection of Garfield Avenue at Seapoint Street has an overhead flashing beacon, not a traffic signal. The Intersection of Gothard Street at Ellis Avenue does not have a new traffic signal and the required modifications are not yet 50% complete. The intersection, of Gothard Street at Promenade does have a traffic signal installed, but the signal has not been tested, accepted, or activated. This traffic signal will go on-line with the completion of Promenade. ATTACHMENT NO. -4 0 �7_ Item 2.2.4 (f) As of December 31, 1996, a total of $754,940.00 in Traffic Impact Fee credits have been applied from the new developments towards the repayment of the construction cost for Seapoint Street. Item 2.2.4 (g) As the Cross -Gap Connector has been eliminated from the Arterial Highway Master Plan by County of Orange, the Developer and City need to begin discussions on the amount of impact to existing arterial highway system this change will result in. Furthermore, any increased impact needs to be translated into a fee due back to the City. Traffic Engineering has discussed this issue with PLC staff members and with the consultant traffic engineering firm that prepared the original traffic impact assessment for the Holly-Seacliff Specific Plan and EIR. Item 2.2.4 (1) Staff is continuing to monitor traffic conditions on Garfield Avenue between Main Street and Beach Boulevard. As mentioned in the Holly-Seacliff General Plan Amendment, Traffic and . Circulation Analysis (by LSA), Appendix G, Page 35, Proposed Land Use Concept Plan Daily Traffic Impacts, this section of Garfield Avenue may need to be widened from a Primary Arterial Highway (four lanes) to a Major Arterial Highway (six lanes). This assessment concurs with the recently adopted General Plan Circulation Element, Technical Memorandum for the No Unfunded Roads and No Balsa Chica Development Alternative for Post Year 2010 (please see Figure 1 and Segment Level of Service Table for GPAC 3 Post 2010 No Unfunded Roads and No Bolsa Chica Development). Both of the latter items show a LOS D for Garfield Avenue from Delaware Street to Beach Boulevard. The Holly-Seacliff Development Agreement, Section 2.2.4 (1) states "The above improvements together with Developers payment of traffic impact fees as called for in Section 2.2.4 shall totally mitigate all traffic and circulation impacts generated by the Project absent a showing by City of additional mitigation requirements as a direct result of Project impacts". cc: Les M. Jones II Robert E. Eichblatt David Webb Jim Otterson Jeff Renna Daryl Smith 23076 ATTACHMENT No.--%�L HOLLY SEACLIFF . ARTERIAL IMPROVEMENT SCHEDULE 3/4/97 ARTERIAL STREET SECTION SCHEDULE Start Complet Seapoint (Garfield to Dora]) Complete Garfield (Seapoint to Goldenwest) Complete Edwards (Ellis to Garfield) Complete Ellis (Goldenwest to Gothard) Complete. Gothard (Ellis to Garfield) Sep-94 Jun-97 Garfield (Goldenwest to Main) Apr-97 Dec-97 Edwards (Ellis to Inlet) Sep-97 Mar-98 Goldenwest (Ellis to Yorktown) Jan-98 Dec-98 Gothard (Garfield to Main) Jul-98 Mar-99 Main (Huntington to Clay) Jul-98 Mar-99 Ellis (Edwards to Goldenwest) Jan-99 Jul-99 Note: All dates are estimates and are subject to change -ATTACHMENT NO.� FPOM iMSREF-LA 310 203 9703 1997.03-22 lee 2S #166 P.02/03 MS UC"RS H, LLC Apd122, 1997 Ms. Mary Beth BroavA AssoLiale Planner City of Huntington Beach Department of Community Development 2000 Main Street PO Box 190 Huntington Beach, CA 92648 1999.EPZWUE OF INE STMU sorry 2000 LOSANGEL . CALIFpR1Vld 900d7�0�6 TELBPBONE (310) 203-MM AACSBOM (310) 703,9703 RE: Annual Monitoring Report for Development Agreement No_ 90-1 Dear Ms. Broeren: As you are aware, MS Vickers, LLC is the owner of certain real properly in the City of Huntingtou Beach which is subject to the conditions of Development Agreement No. 90-1 (the "Agreement")_ We uttderstand that Section 3.1.1 obligates the Developer to provide the City with an Annual Monitoring Report thirty days prior to the anniversary date of the Agreement and that Section 3.1.6 further requires that each property owner who becomes party to the Agreement through the sale of any portion of the Property must provide a separate annual report for their property. We regret and apologize for the oversight which led to our failure to provide the City a timely Annual Monitoring Report consistent with these Sections 3.1.1 and 3.1.6. Notwithstanding this oversight on our part; please rest assured that MS Vickers, LLC remains committed to performing all its obligations tinder the Agreement and is appreciative of the significant benefit that accrues to out property as a result thereof. With regard specific Developer's Obligations outlined in Section 2.2 of the Agreement, you may recall from letters provided to the City from both ourselves and PLC Land Company in February, 1996 and the City's consent to our joint purchase of the Property from Chevron Land and Development Co. that the vast majority of these obligations are PLC's to fulfill. MS Vickers is largely a passive participant in the implenuntation of Developer's Obligations under Section 2.2 of the Agreement. We are fully complying with Section 2.2.3(a) of the Agreement and have as of April 10, 1997 forwarded Construction License Agreements and Easement Deeds to PLC in cooperation with their effort to widen Garfield Avenue. The City should see final executed copies of all these docurnents once the remaining title policies are processed. All remaining obligations under Sections 2.2.4 through 2.2.10 which are our primary or excursive responsibility to fulfill as outlined in the above -referenced letters will be triggered by feature development of our properties. We are aware of all these obligations and ready to fulfill them when appropriate. FROM Ir-GREF-LA 310 203 9703 1997,04-22 10126 #166 P.03t03 Ms. Mary Beth Broeren April 22, 1997 Page 2 Again, I regret the oversight that led to the failure to provide the City a formal Monitoring Report within the timetr�me desisted by the Agreement. We remain committed to the spirit of cooperation which underlies the entire Agreement and stand ready to fulfill all our obligations expeditiously in the future. If at all possible, please add this letter as an addendum to your report to the City Council regarding the current status of Development Agreement No. 90-1 as evidence of our contwitme w to .the process. If you have any questions at all, please feel free to call me at (310) 203-9600. cc: Mike Marshall Patrick Gibbons NOTICE OF PUBLICHEARING F 91yf9-7 Y'? az ; `7't-0 NOTICE IS HEREBY GIVEN that on April 21, 1997, at 7:00 PM in the City Council Chambers, I 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the'i7 following planning and zoning item: 7 AGREEMENT;Applicant: City of Huntington Beach &Quest: Review of the Holly- Seacliff Development Agreement No. 90-1 Annual Compliance Report. Location: Approximately 450 acres located between Ellis Avenue on the north, Huntington Street on the east, Edwards Street on the west and the Seacliff Golf Course on the south. Projr.ct Planner: Mary Beth Broeren NOTICE IS HEREBY GIVEN that the above item is categorically exempt from the provisions of the California Environmental Quality Act. Qom: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office after April 17, 1997. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Division at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 lij (97CC42ia) Reilly Homes 23 Corporate Plaza, #245 Newport Beach, CA 92660 0 MS Vickers II, LLC Attn: Jeffrey Dritley 1999 Avenue of the Stars Los Angeles, CA 90067 Carl M. Weaver 19061 Crystal Street Huntington Beach, CA 92648 Greystone Homes, Inc. Attn: Doug Woodward 7 Upper Newport Plaza Newport Beach, CA 92660 Ocia Koch 32 • V HB Union High School Disrict 10251 Yorktown Avenue Jerry Buchanan 29 Huntington Beach, CA 92646 HB City Elementary School Dist. 20451 Craimer Lane Huntington Beach, CA 92648 Mr. Tom Zanic 12 President 1 New Urban West H.B. Chamber of Commerce 520 Broadway Ste. 100 2210 Main Street, Suite 200 Santa Monica, CA 90401 Huntington Beach, CA 92648 William D. Holman Judy Legan 2 1 I H.B./F.V. Board of Realtors PLC 810 i Slater Ave. 23 Corporate Plaza, Suite 250 Huntington Beach, CA 92647 Newport Beach CA 92660-7912 President 5 Southridge Companies Huntington Beach Tomorrow Ken Kelter 411 6th St. 18281 Gothard Street #201 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Melvin Keller ;h • 3-)- 31 225 SE 44th Avenue Portland, OR 97215 111-140-20-22 John Thomas 6741 Pimlico Circle Huntington Beach, CA 92648 Sea Country Hanes Buck Bennett, Principal 95 Argonaut, Suite 210 Aliso Viejo, CA 92656 Scot D. Campbell 710 Main Street Huntington Beach, CA 92648 William Lyon Homes Lennar Homes Of California Inc Tam Mitchell Jonathan M. Jaffe, Vice Pres. 4490 Von Karman Avenue 23333 Avenida La Caza Newport Beach, CA 92660-2000 ' Coto de Caza, CA 92679 PLC Polygon Communities c/o Christopher Holmes Steve Shepard 3991.MacArthur Blvd #225 15751 Rockfield Ave., Ste. 120 Newport Beach, CA 92660 Irvine, CA 92718 Huntington Signal Oil Co. Shea Hcmes Lennar Homes 5362 , Oceanus Drive Ronald C. Metzler, Vice Pres. John Jessup Huntington Beach, CA 655 Brea Canyon Road 27432 Calle Arroyo 92649 walnut, CA 91788-0487 San Juan Capistrano, CA 92675 15 0 - 4 4 Polygon Cammnities Taylor Woodrow Homes Ltd. D d Macleod Greg Petersen, VP Finance & `Ibm Redwitz, Sr. Dev. Mgr. 858 San Nicolas Circle Adm. 24461 Ridge Route Drive Huntington Beach, CA 15751 Rockfield Ave. Ste. 120 Laguna Hills, CA 92653--1686 92648 Irvine, CA 92718 E Country View Estates HOA 35 Carrie Thomas 6642 Trotter Drive Huntington Beach CA 92648 Country View Estates HOA 35 Gerry Chapman 6742 Shire Circle Huntington Beach CA 92648 n 11 Jeff Metzel Seacliff HOA 19391 Shady Harbor Circle Huntington Beach, CA 92648 John Roe 16 Seacliff HOA 19382 Surfdale Lane Huntington Beach, CA 92648 Lou Mannone Seacliff HOA 19821 Ocean BIuff Circle Huntington Beach CA 92648 16 16 Connie Brockway, City Clerk +) Chy Ountington Beach Of of the City Clerk P.O. Box 190 Huntington Beach, CA 92U8 o�Nilkcroy`� ti*coRroR„� ° 7 NTY n y LEGAL NOTICE - PUBLIC HEARING Huntington Signal Oil. Co. 5362 Oceanus Drive Hunti each, CA 92649 ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street. Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office after May 1, 1997. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there ace any further questions please call the Planning Division at 536-5271 and refer to the above item. - Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92649 (714)_536-5227 _ —'—'— � -- tea:--� ' - •i1 • rr x{� _,-t • _ - _ {-�"' �Y�r,• ;.. �-. -.._ � _ _ y�,.+-�y3 IwA' ._ (97CC505o) PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; 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 HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of; April 17, 1997 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on April 17, 199 2 at Costa Mesa, California. Signature i PUBLIC NOTICE . NOTICE _OF.;.- 1 PUBLIC HEARING BEFORE.THE ` _ - 1 { CITY COUNCIL; i - I OF THE CITYiOF HUNTINGTON BEACH NOTICE IS HER GIVEN that 'on May 5, 1997, at 7:00 PM in -the City Council . Chambers, .2000 Main Street, Huntington Beach, tho'City Council will hold a public, hearing` on the following vnning and . 'Zoning 'stem: - ANNUAL REVIEW OF � THE HOLLY•SEACLIFF.Dt:- vELOP MENT r-AGAEE- j MENT: -Applicant: -City of ++++ Huntingtow Boach -Request: Review of'the Hofly-Seacliff Development_ Agrbemenl No 90-1 Annual -Compli- ante Report. Location: Ap prOxfmately 450 acres -lo- cated between Ellis Avenue. on the north, Huntington Streel on ° the earl; Ed- wards Street on the west and the Seacliff Gbif Course on the south. Project: Planner: Mary Beth Broeren NOTICE IS HEREBY GIVEN that the above item is categorically exempt from the provislons ol.the California Environmental ouality Act. ON=FILE: 'A copy of =the proposed requesr'Is on file in the City Clerk's : Oftice. 2000 Main Street; Hunting- ton Beach, California. 9264B, tar • Inspection by the publlc:: A copy -of -the staff reportwill be available to Interested Parties- at"the City Clerk's-' Ottice after Mayy 1; 1997. '`". - AI L .. INTERESTED PER- SONS are invited-to'attend. _ said hearing and express opinlons or -submit' evi- dence- for or agafnsl the application W-6utlln6d above. If you challenge the City Council's ,action. •in court, -you may tie limited to taisfng only'thoseFlssues you or someone :'else raised at the public hearing I described in this notice, or In written Corresponderi :e dellvered'to`the City at,. or prior to, the. public-htiaring. It there are. any'.furlher questions pleosecall the f Planning Division -at '536- 5271 and 'rater" to' the above, itern. Direct your written corrtimunications to the City Clark. - Connie. Brockway. City Clerk, clty.:of Hun. tington -Beach,':.2000 Main Street, 2nd.Floor, Hunting ton- Cal- ifornia 926481_ (714) 836-3227 Publ'sshed' Huntington . :Beach•Founlaln Valley In. 'dependent April 17. 1997. - t)43-So2 NOTICE OF PUBLIC HEARING -/27a" yl, 7%9 7 BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on May 5, 1997, at 7:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning item: El ANNUAL -REVIEW OF THE HOLLY-SLACLIFF DEVELOPMENT AGREEMENTS Applicantl City of Huntington Beach e u : Review of the Holly- Seacliff Development Agreement No. 90-1 Annual Compliance Report. cat' Approximately 450 acres located between Ellis Avenue on the north, Huntington Street on the east, Edwards Street on the west and the Seacliff Golf Course on the south. Project Planner: Mary Beth Broeren NOTICE IS HEREBY GIVEN that the above item is categorically exempt from the provisions of the California Environmental Quality Act. QN FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office after May 1, 1997. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Division at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 •(714) 536-5227 (97CC505a) F-1 66-J 0 T H E Q R A N G E grC 0 U M T kVC91$rCr 625 N. Grand Ave., Santa Ana. CA 92701 PROOF OF .PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, ss. County of Orange, I am a citizen of the United State< and a resident of the County aforesaid; I ain over the age of eighteen years, and not a pa* to or interested in the above entitled matter. I am the principal cleric of the printer of The Orange County Register, a newspaper of general circulation. published) in the cite of Santa Ana, County of Orange, and which newspaper has been adjudged a newspaper of general circulation by the Superior Conn of the County of Oran€c, State c►f California under the date of November 29, 1905. Case Number A2.1046 that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on die following dates, to wit: Agri. 10, 1997 I certify (or declare) under penalty of periltrY that the foregoing i5 trite and correct. Executed at Santa Ana. California. April 15, 97 D;etc........... ................. ....._......19--- ----- This space is for the County C'lerk's filing stamp. Troof of Public:ltion of Public Heaxing. Before the City Council of Huntington Beach, P.'. PUBLIC.- NOTiC'E=' NOTICE•OF PIIBLICAEARINO' BEFOR@ SHE CTIYCOUNCILOF THE CITY O_ F _HBNTINGTON ;BEACH = WOKE IS HEREBY-GNEY Beat on _ 'Apr.) 21. 1997. 1W.7.00 PM in Yrie 101y Cou,ci Charitbers,.'2000 Wain Street. HL1f1hf1�JlOf1' Beach, .ftte Coy Courtal will hold a pL"Ic 'hemsr0 on Bte fdlowmp olarvVng and {ANNUAL WAE'N Ofi -1HE.-1 OLLYN �AGREEMEtYT.�LOPMENT ` - 'Appllcan•: CBY at '. H`uhvrg !Beach' Request: Review - of - The - HoW- SeocLB pe �ebprrrerir AgreeriienT No 90-1 An ri6al CorrpfirnC49 Report. - _ - Locaton . _ Approzrriafety _ 450 Oc"n =Wea oetween Ellis Ave. nue on the nortr.. Humn ton Street on The east EcAvards Sheol an 1ri9 West an{1 the SeaC1,114 Cow Course on the south - PT019Ct Pronnoc Mats Beth Broenen NOTICE 15 HEREBY. GIVEN that tie above irem -s catowitcay. -ex-. --- empt IrOT� prevstlons of trig Cohfnrnua'Envnrnentat Quatdy Act. ,ON FILE A copy of the proposed j request Is on file In the Clty Clerks Othce. 2000 Mom Strew , Hunfing• ton_BeaCh,=Cgo:.1 vo,V26da,.Jar JInspection iov'I a Oualle-:A COp'1; i of WW-stall !eporr will be avafggre to nteresrea�parrtes:ai:rneJCN CIOWS'OVe3 alter' rp,t`I7 `1997^II i ALL lNTERE i0 h'66NS are `Pv ! vlted'to otterd'soid hewingg and 'oxpress,canlom or :sunmll CA- '.UencWOI nr 69aM1 the QW do- tan asouB:nea-above. If:you ;chmen,ge the GN Counciri aC- 'tion in cout`vou may 4e f(r W to ralsng orw those issues you or someone else rarsed of the pum . -hearinoclescroed in rrrs notice. or In Written COrrespend . de- ;livered to." Cry cry, or pror to, ,the pub4 hdadng 'I there are 'any further question, pease call Me PIOrrning Division at 536-5271 and refer to fine above itemypi• W1 your wmtan Cor mwilcariota �) /� /�Jo the City chA.. t PROOiCCByreof RunYw'�CB6ocril t��jlll� 00 '�°f1 BeaCh� ' I 20 Main Street, 2nd. Floor HtntlngtonlBea^h#CA,92640: Pi:BLISK Apd110{1997 Q �npgrm nry'!Rriprster - v+=-i PROOF OF PUBLICATION STATE OF CALIFORNIA) ) Ss. County of Orange ) I am a Citizen of the United States and a resident of the :County aforesaid; I any 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 HUNTINGTON BEACH -INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that: attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: May 1, 1997 I declare, under penalty of perjury, that the foregoing is true and correct. ExecuLed on _- _ _ May 11 199 7 at Costa Mesa, California. Signature PUBLIC NOTICE �'i-NOTICE^IS'HEREBBYY`' i GIVEN that the above l i NOTICE -OF Items #1, #2 and #4 are 1 _ PUBLIC HEARING- categorically exempt from; BEFORE THE the provisions of the Call-- , n CITY eouwivii. fornla Environment Quality Act. OF THE CITY OF - NOTICE 15 HEREBY HUNTINGTON BEACH GIVEN that fliq initial env)- ' ' NO710E IS HEREBY 'that ronmental assessments for GIVEN on May 5, the above item#3 was pro. l 1997, at 7:00 PM in the City I cessed and completed In ' Council Chambers; 2000 accordance with the Cali. Main Street, Huntington Tornio duality Act. It was Beach, the City Council will determined. that Item#3 , hold a public hearing on would not have any siggnil!. the f0owing planning and cant environmental ailecls zoning items: and that a negative decla- 1. ANNUAL REVIEW OF ration is warranted. These THE'HOLLY•SEACLIFF DE- VELOPMENT AGREE• environmental assessments are on file at,the City of ' M£NT: Applicant: City of Huntington Beach Cam - Huntington Beach Request: munity Development Do..; Review of the HollySeacliff partment, 2000 Main Street, I t Development Agreement and are available for public No. 90.1 Annual . Compll- Inspection and comment ance Report. Location: ap- by contacting the Com- proximately 450 acres -lo. mun'I '.Development- De• cated between Ellis Avenue If partment, or by terephon- i on the north, Huntington 1 in4g (714)53fi•5271; I Street on the east, Ed- ON -FILE; A copy o1 the S wards Street on -the west, and the Seacllff G011 1 proposed request is on file in the City Clerk's Office, ' ._Course on the south. 2000 Main Street, Hunting- Project Planner: Mary Beth r. ton Beach; California Broeren. 2.. ZONING TEXT.] 92648. 'for inspection by I the public. A copy of the I AMENDMENT NO.95.6 staff report will be available j (SIGN CODE- REWRITE): to interested parties at the Applicant: City of Hunting. t City Clerk's Office after y Ion Beach Request: To ap- '1 Me y� 1, 1997. 1 prove a Comprehensive ALL INTERESTED PER-1 sign code amendment to ; ;SONS are Invited to attend I I Chapter 233, Signs, of the I Huntington Beach Zoning I j and Subdivision Ordinance.. said hearing and -express j l Location: Citywide. Project - opinions or ' submit avi•. :• Planner: Wayne Carvalho. ' done for or against the 3. ZONING MAP AMEND• application as.• outlined MENT NO. 95.11NEGATIVE above: 11 you challenge the i DECLARATION NO. 95.4 City Council's action in (CENTRAL BAPTIST court, you may be -limited CHURCHILIBERTY CHRIS- 10 raising only those issues TIAN SCHOOL' ZONE you or someone else CHANGE): Applicant: Cen• raised at the public hearing tral Baptisl ChuTCh, c10 described in this notice, or ' Thom Doney Request: To -in written correspondence ! rezone the 4.19 net acre delivered to the City at, or - I siie octupied by.. Liberty prior to, the public hearing. , Christian School and Cen- If there are any further tral Baptist -Church from questions please call the ' RMH (Resldenttat Medium Planning Division at .536• High Density Residential) 5271 and' refer to the l to PS (Public -Semi Public). above item. Direct your J Location: 7661 Warner Av written communications to i enue (northeast corner at the City Clerk. 1 Nichols Street) -Project - Connie Brockway, I Planner-. Wayne Carvalho. City Clerk, City of Hun- ' 4. CODE _AMENDMENT tington Beach, 2000 I- i NO 97.1: Appllcant: City of Main Street,.2nd Flom, Huntington Beach Request: To amend Section Huntington Beech e , Oak. 2.102.020,% Environmental Homing 9nB , (714) Board Composition, of the 1536.5227 Huntington Beach .Municl• Published Huntington IfI rpal . Code changing the jBeach•Fountarn Valley In. Board membership from 15 1 dependant (COrrected) May 1 to nine (9) members. Loco- j 1 1997 - lion: City-wide Project Plan- 1t 051.604 nor:-M arv.Both,Broaren— �' r CJ 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA92648 CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCILIREDEVELOPMENT AGENCY APPROVED ITEM DATE: 5Ad97 TO: _41 12�_,,� 17- , L L C ATTENTION: Name / 999 2r�rfrkr L, �a�a DEPARTMENT: Street ,-?OA2d-_ac.a..�°.4- 9oo4REGARDING:, City, state, Zip — 00 See Attached Action Agenda Item Date of Approval 15 %9 —7_ Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. Comae Brockway City Clerk Attachments: Action Agenda Page r/ Agreement Bonds Insurance RCA Deed Other G/� Remarks: � a - � i. �" Ga �r r.�.. ve T Z D. tF. c-4, II Name Departmeni Name 0 Department RCA Agreement _11_� RCA A,erecment Name Department RCA Risk Management Department Insurance Copy e_ Insurance Agreement Insurance — S36—Sam77 AL& ZnL Otherg. Other Other SJ'6—SSSS G;Fo11o%+up agnTits transltr 1 telephone: 714.536.5227 ) r On November 14, 1990, Development Agreement No. 90-1 ("Agreement") by and between the City of Huntington Beach ("City") and Pacific Coast Homes and Garfield Partners was recorded in the Official Records of Orange County, California as Document No. 90-599766; and Portions of the property covered by the Agreement were thereafter sold to PLC, a California general partnership, and a portion to MS Vickers II, L.L.C., a Delaware limited liability company, and a portion to New Urban West, Inc. (hereinafter collectively referred to as the "Developer"), along with an assignment of the rights, duties and obligations under the Agreement; and The property that is the subject of the Agreement is described in the legal description attached hereto as Exhibit "A." The Agreement provides in part at Paragraph 3.1.5 that, If at the conclusion of a periodic review the City Council finds that the Developer to be in compliance with this agreement, City shall, upon request by the Developer, issue a Certificate of Development Agreement Compliance ("Certificate") to the Developer stating that after the most recent periodic review and based upon the information known or made known to the Director of Community Development and the City Council that (1) this Agreement remains in effect and (2) Developer is not in default. Wk/agreei90-114/W97 RLS 96-81 I Pursuant to Section 3 of the Agreement, the City has conducted its periodic review of the Agreement and the City Council found on April 21, 1997, that the Developer is in compliance with the terms of the Agreement and that (1) the Agreement remains in effect and (2) the Developer is not in default, and therefore issued this Certificate. ATTEST: City Clerk REVIEWED AND APPROVED: CITY OF HUNTINGTON BEACH a municipal corporation APPROVED AS TO FORM: 11 -7 y �o City Attorney INITIATED AND APPROVED: 4../ ef UL City Administrator 04r Director of Comm ity Development 2 Mdagree/90-1/4/7/97 RL5 96-811 ME HOLLY-SEACLIFF DEVELOPMENT AGREEMENT EXHIBIT PARCEL 1: (AP NOS. 23-010--10, 12 8 13) THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP RECORDED IN BOOK 51r PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF GOLDENWEST STREET AND MANSION AVENUE AS SHOWN ON A MAP FILED IN BOOK 95, PAGE 20 OF RECORD OF SURVEYS, RECORDS OF SAID COUNTY; THE—NCE ALONG THE CENTERLINE OF MANSION AVENUE, SOUTH 89040' 01" EAST 1 , 350.15 FEET TO A POINT ON THE CENTERLINE OF MAIN STREET; THE::CE ALONG THE CENTERLINE OF MAIN STREET, NORTH 00019'43" EAST 545.92 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG THE CENTERLINE OF MAIN STREET, NORTH 19015'35" EAST 829.22 FEET TO A POINT ON -THE CENTERLINE OF CLAY AVENUE; THENCE ALONG THE CENTERLINE OF CLAY AVENUE, NORTH 89041 ' 24" WEST 1136.80 FEET TO A POINT WHICH IS AT OR NEAR A CENTERLINE POINT OF INTERSECTION OF CIRCLE DRIVE; THENCE ALONG A TRAVERSE LINE THROUGH FOUND MONUMENTATI ON AT OR NEAR CENTERLINE POINTS OF INTERSECTION OF CIRCLE DRIVE, NORTH 48013'25"r WEST 141.03 FEET, NORTH 58013'25" WEST 168.45 FEET, AND:. NORTH 88013'25" WEST 225.92 FEET TO A POINT ON THE CENTERLINE OF GOLDENWEST STREET; THENCE ALONG THE CENTERLINE OF GOLDENWEST STREET, SOUTH 00°18'57" WEST 187.10 TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG THE CENTERLINE OF GOLDENWEST STREET, SOUTH 00017'56" WEST 1320.74 FEET TO AN ANGLE POINT T'7REIN; THENCE CONTINUING ALONG THE CENTERLINE OF GOLDEN -WEST STREET, SOUTH 41038'50" WEST 11.86 FEET TO THE POINT OF BEGINNING. PARCEL 2: (AP NOS. 111-130-016 THROUGH 023) THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH A MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 25, BLOCK 'D' AS SHOWN ON SAID MAP; THENCE EASTERLY ALONG THE NORTH LINE OF LOT 25 AND ITS EASTERLY PROJECTION 330.00 FEET, MORE OR LESS, TO THE CENTERLINE OF STEWART STREET (SHOWN AS SMELTZER AVENUE ON SAID M,%P) BEING 60.00 FEET WIDE; THENCE SOUTHERLY ALONG SAID CENTERLINE OF _5TEWART STREET -41 ALDEN & w; ®SStJ' CYATES CIVIL E'4011YEERS - YLINNERS - LAND SURVEYORS M12 COWAN, SUITE 2.10 9 IRvluF r. 07114 HOLLY-SEACLIFF DEVELOPMENT AGREEMENT ...;ri1BIT •• kn'* urn u., 0859-1 62-1 PARCEL 2: (CONTINUED) 900.00 FEET, MORE OR LESS TO THE CENTERLINE OF CLAY AVENUE (SHOWN AS CLAY STREET ON SAID MAP) BEING 60.00 FEET WIDE; THENCE ALONG THE CENTERLINE OF CLAY AVENUE, AS SHOWN ON A MAP FILED IN BOOK 95, PAGE 20 OF RECORD -OF SURVEYS,' RECORDS OF SAID COUNTY, NORTH 89°41'24" WEST 185.28 FEET TO A POINT WHICH IS AT OR NEAR A CENTERLINE POINT OF INTERSECTION OF CIRCLE DRIVE; THENCE ALONG A TRAVERSE LINE THROUGH FOUND MONUMENTATION AT OR NEAR CENTERLINE -POINTS OF INTERSECTION OF CIRCLE DRIVE, NORTH 48013'25" WEST 141.03 FEET, NORTH 58013'25" WEST 168.45 FEET, AND NORTH 88°13'25" WEST 225.92 FEET TO A POINT ON THE CENTERLINE OF GOLDENWEST STREET, BEING 60.00 FEET WIDE; THENCE ALONG THE CENTERLINE OF GOLDENTWEST STREET, NORTH 00018'57" EAST 710.80 FEET,: MORE OR LESS, TO THE ..WESTERLY PROLONGATION OF THE NORTH LINE OF LOT 15, BLOCK 'D' OF SAID GARFIELD STREET ADDITION; HENCE EASTERLY ALONG SAID WESTERLY PROLONGATION OF THE NORTH LINE -OF LOT 15 AND THE NORTH LINE OF LOT 15, 330.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. PARCEL 3: (AP NOS. 111-140--28 THROUGH 33) THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH A MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 17, BLOCK 'C' OF SAID GARFIELD STREET ADDITION, THENCE WEST 330.00 FEET, MORE OR LESS, ALONG THE SOUTH LINE OF SAID LOT 17 AND ITS WESTERLY PROLONGATION TO THE CENTERLINE OF STEWART STREET (SHOWN AS SMELTZER AVENUE ON SAID MAP) BEING 60.00 FEET WIDE; THENCE NORTH 675.00 FEET, MORE OR LESS, TO THE WESTERLY PROLONGATION OF THE CENTER OF LOT 29, BEING 10 FEET WIDE; THENCE EAST 330.00 FEET, MORE OR LESS, ALONG THE WESTERLY PROLONGATION AND THE CENTER OF LOT 29; TO THE NORTHERLY PROLONGATION OF THE EAST LINE OF 1,61' 13; THENCE SOUTH 675.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. PARCEL 4: (AP NOS. 111-140-34 THROUGH.-35) THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH. A MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDED OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: 2 kDEN & SOCIATES CIVIL ENGINEERS - PLANNERS -- LAND SURVEYORS HOLLY-SEACLIFF DEVELOPMENT AGREEMENT EXHIBIT "A" PARCEL 4: (CONTINUED) BEGINNING AT THE NORTHWEST CORNER OF LOT 21, BLOCK 'C' OF SAID GARFIELD STREET ADDITION; THENCE EAST 330.00 FEET, MORE OR LESS, ALONG THE NORTH LINE OF SAID LOT 21 AND ITS EASTERLY PROLONGATION TO THE CENTERLINE OF CRYSTAL STREET (SHOWN -AS CRYSTAL AVENUE ON SAID MAP) 60.00 FEET WIDE; THENCE SOUTH 1750.00 FEET, MORE OR LESS, ALONG THE CENTERLINE OF CRYSTAL STREET TO ITS INTERSECTION WITH THE CENTERLINE OF CLAY AVENUE (SHOWN AS CLAY STREET ON SAID MAP) 60.00 FEET WIDE; THENCE WEST, 330.00 FEET, MORE OR LESS, ALONG THE CENTERLINE OF SAID CLAY AVENUE TO THE SOUTHERLY PROLONGATION OF THE WEST LINE OF SAID LOT 21; THENCE NORTH, 175.00 FEET, MORE OR LESS, ALONG THE SOUTHERLY PROLONGATION AND THE WEST LINE OF SAID LOT 21 TO THE POINT OF BEGINNING. PARCEL 5: (AP NOS. 111;150--18, 22,' 23, 26--29, 31-33, 44 & 47) THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH A MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 23, BLOCK 'B' OF SAID GARFIELD STREET ADDITION; THENCE NORTH 71° WEST 149.27 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LOT 23 TO THE MOST WESTERLY CORNER OF SAID LOT 23; THENCE NORTH 190 EAST 100.00 FEET ALONG THE NORTHWEST LINE OF LOT 23 TO THE SOUTHEAST CORNER OF LOT 20; THENCE WEST 149.96 FEET, MORE OR LESS, ALONG THE SOUTH LINE OF LOT 20 AND ITS WESTERLY PROLONGATION TO THE CENTERLINE OF CRYSTAL STREET (SHOWN AS CRYSTAL AVENUE ON SAID MAP) BEING 60.00 FEET WIDE; THENCE NORTH 94.55 FEET TO THE WESTERLY PROLONGATION OF THE NORTH LINE OF THE SOUTHERLY 94.55 FEET OF LOT 20; THENCE EAST 182.52 FEET, MORE OR LESS, TO THE EAST LINE OF LOT 20; THENCE NORTH 190EAST 300.00 FEET, MORE OR LESS, ALONG THE NORTHWEST LINE OF LOTS 25, 26 AND 27 TO THE SOUTHEAST CORNER OF LOT 17; T:LENCE WEST 280.50 FEET, MORE OR LESS, ALONG THE SOUTH LINE OF LOT 20 AND ITS WESTERLY PROLONGATION TO THE CENTERLINE OF SAID CRYSTAL STREET; THENCE NORTH 123.60 FEET ALONG THE:CENTERLINE OF CRYSTAL STREET TO THE WESTERLY PROLONGATION OF THE NORTH LINE OF LOT 17; THENCE EAST 322.76 FEET, MORE OR LESS, ALONG THE NORTH LINE OF LOT 17 AND ITS WESTERLY PROLONGATIONS TO THE SOUTHWEST CORNER OF LOT 30; THENCE NORTH 2O0.00 FEET, MORE OR LESS, ALONG THE WEST LINE OF LOTS 30 AND 31 TO THE NORTHWEST CORNER OF LOT 31; THENCE EAST 330.00 FEET, MORE OR LESS, ALONG THE NORTH LINE OF LOT 31 AND ITS EASTERLY PROLONGATION TO THE CENTERLINE OF HOLLY STREET (SHOWN AS HOLLY AVENUE ON SAID MAP) BEING 60.00 FEET WIDE; THENCE SOUTH ALONG THE CENTERLINE OF HOLLY STPFZT TO .ITS 3 '%X2ALDEN & SSOCIATES CivIL ENCINEERS - PLANNERS -- LAND SURVEYORS . w..•'-n �... .. n+..ter .... .�....-_ _. .._. - HOLLY-SEACLIFF DEVELOPMENT AGREEMENT EXHIBIT "A" nS,;q-1 F,?_S R1,,71en. PARCEL 5_: (CONTINUED) INTERSECTION WITH THE CENTERLINE OF MAIN STREET THIRD STREET ON SAID MAP) BEING 120.00 FEET WIDE, ON A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A FEET; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE A POINT OF TANGENCY, SAID POINT BEING NORTH 190 E MORE OR LESS, FROM THE CENTERLINE INTERSECTION 0 CLAY AVENUE AS SHOWN ON SAID MAP; THENCE SOUTH' FEET, MORE OR LESS TO THE SOUTHEASTERLY PROLONGA LINE OF LOT 23; THENCE NORTH 710 WEST 60.00 FE] ALONG SAID SOUTHEASTERLY PROLONGATION TO THE POI (SHOWN AS TWENTY - SAID POINT BEING RADIUS OF 1360.00 OF MAIN STREET TO AST, 290.45 FEET, F MAIN STREET AND 190 WEST 217.98 TION OF THE SOUTH "IT, MORE OR LESS, NT OF BEGINNING. EXCEPTING THEREFROM: LOT 28, BLOCK 'B' AND THE NORTHWEST QUARTER OF THE EAST HALF OF LOT 30, BLOCK 'B'. PARCEL 6: (AP NO. 111--150-47) THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH A MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 11, BLOCK 'B' OF SAID GARFIELD STREET ADDITION; THENCE NORTH 177.00 FEET, MORE OR LESS, ALONG THE WEST LINE OF SAID LOT 11 AND ITS NORTHERLY PROLONGATION TO THE NORTH LINE OF SAID SECTION 2; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 2,175.00 FEET,MORE OR LESS, TO THE NORTHERLY PROLONGATION OF THE EAST LINE OF THE WEST HALF OF LOT 8; THENCE SOUTH 182.00 FEET MORE OR LESS, ALONG THE EAST LINE OF THE WEST HALF OF LOT 8 AND ITS NORTHERLY AND SOUTHERLY PROLONGATIONS TO THE CENTER OF LOT 39, 10.00 FEET WIDE; THENCE WEST 175.00 FEET, MORE OR LESS, ON A LINE 5.00 FEET SOUTHERLY AND PARALLEL WITH THE SOUTH -L INE OF LOTS 8 THROUGH 11, TO THE SOUTHERLY PROLONGATION OF THE WEST LINE OF LOT 11; THENCE NORTH ;.,-'.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. PARCEL 7: (AP NOS. 159-281-01, 02 & 05)' THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN -ON THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH A MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: A%XIALDEN & SSOCIATES CIVIL ENGINEERS - PLANNERS LAND SURVEYORS 15012-COWAN, SUITE 210 • 1RVIN;: rA oni. 4 HOLLY-SEACLIFF DEVELOPMENT AGREEMENT EXHIBIT "A" wn Nn 4-� 01.- I.,_ PARCEL 7: (CONTINUED) BEGINNING AT THE NORTHWEST CORNER OF LOT 6, BLOCK 'A' OF SAID GARFIELD STREET ADDITION; THENCE NORTH 32.00 FEE, MORE OR LESS, ALONG THE NORTHERLY PROLONGATION. OF THE WEST LINE OF -LOT 6 TO THE NORTH LINE OF SAID SECTION 2; THENCE EAST 497.15 FEET, MORE OR LESS, ALONG THE NORTH LINE OF SECTION 2 TO ITS INTERSECTION WITH THE CENTERLINE OF MAIN STREET (SHOWN AS TWENTY-THIRD STREET ON SAID MAP); THENCE SOUTH 45° WEST 743.80 FEET, MORE OR LESS, ALONG THE CENTERLINE OF MAIN STREET AND ITS SOUTHWESTERLY PROLONGATION TO ITS INTERSECTION WITH THE CENTERLINE OF HOLLY STREET (SHOWN AS HOLLY AVENUE ON SAID MAP); THENCE NORTH 395.15 FEET, MORE OR LESS, ALONG THE CENTERLINE OF HOLLY STREET TO ITS INTERSECTION WITH THE WESTERLY PROLONGATION OF A LINE 5.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF LOT 33; THENCE EAST 80.00 FEET, MORE OR LESS, ALONG ?'. LINE 5.00 SOUTH AND PARALLEL TO THE NORTH LINE OF LOT 33 TO ITS INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE WEST LINE OF LOT 6; THENCE NORTH 150.00 FEET ALONG SAID SOUTHERLY PROLONGATION AND THE WEST LINE OF LOT 6 TO THE POINT OF BEGI-NNING. PARCEL 8: (AP NOS. 111-150-40) THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH A MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 38, BLOCK 'B' AS SHOWN ON SAID MAP; THENCE EAST 260.07 FEET, MORE OR LESS, ALONG THE NORTH LINE OF SAID LOT 38 AND ITS EASTERLY PROLONGATION TO THE CENTERLINE OF HOLLY STREET (SHOWN AS HOLLY AVENUE ON SAID MAP).60.00 FEET WIDE; THENCE SOUTH 130.00 FEET, MORE OR LESS, ALONG THE CENTERLINE OF HOLLY STREET TO ITS INTERSECTION WITH THE CENTERLINE OF CLAY AVENUE (SHOWN AS CLAY STREET ON SAID MAP) 60.00 FEET WIDE; THENCE WEST 368.29 FEET, MORE OR LESS, ALOE. THE CENTERLINE OF CLAY AVENUE TO ITS INTERSECTION WITH THE CENTERLINE OF MAIN STREET (SHOWN AS TWENTY-THIRD STREET ON SAID MAP) 120.00 FEET WIDE; THENCE NORTH 1 9 ° EAST 147.82 FEET, MORE OR LESS, ALONG THE CENTERLINE OF MAIN STREET TO A POINT THAT IS RIGHT ANGLES TO, AND 30.00 FEET FROM, THE NORTHWEST CORNER OF LOT 38;-THENCE SOUTH 710 EAST, 30.00 FEET TO THE POINT OF BEGINNING. z� ALDEN & SSOCIA TES CIVIL ENGINEERS -- PLANNERS -• LAND SVftVEY00.S 5 HOLLY-SEACLIFF DEVELOPMENT AGREEMENT EXHIBIT "A" ,..n u.. nRf.Q_9 fw']_i . 0/ 1" I n n PARCEL 9: (AP NO. 159-282-12) THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 21 TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH A MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, .CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 25, BLOCK 'A' OF SAID MAP, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 134, PAGE 38 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 00019'38" EAST, 90.00 FEET ALONG THE WEST LINE OF SAID LOT 25 AND PARCEL 1; THENCE SOUTH 89041'06" EAST 135.00 FEET; THENCE SOUTH 00019'38" WEST, 120.00 FEET ALONG THE EAST LINE OF SAID PARCEL 1 AND ITS .SOUTHERLY PROLONGATION TO THE CENTERLINE OF CLAY AVENT_TE (SHOWN AS CLAY STREET ON SAID GARFIELD STREET• ADDITION MAP); THENCE NORTH 89041'06" WEST 135.00 FEET, MORE. OR LESS, ALONG THE CENTERLINE OF CLAY AVENUE TO THE SOUTHERLY PROLONGATION OF THE WEST LINE OF SAID LOT 25 AND -PARCEL 1; THENCE NORTH 00019'38" EAST 30.00 FEET ALONG SAID PROLONGATION TO THE POINT OF BEGINNING. PARCEL 10: (AP NO. 111-130-10) THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH A'MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 11 , BLOCK ' D' OF SAID MAP; THENCE NORTH 177.00 FEET, MORE OR LESS, ALONG THE .WEST LINE OF LOT 11 AND ITS NORTHERLY PROLONGATION TO THE NORTH LINE OF SAID SECTION 2; THENCE EAST 50.00 FEET ALONG SAID NORTH LINE OF SECTION 2 TO THE NORTHERLY PROLONGATION OF THE EAST LINE OF LOT 11; THENCE SOUTH 182.00 FEET, MORE OR LESS, ALONG TirE EAST LINE OF LOT 11 AND ITS NORTHERLY AND SOUTHERLY PROLONGATION TO THE CENTER OF LOT 28, 10.00 FEET WIDE, SAID POINT BEING 5.00 FEET FROM THE SOUTHEAST CORNER OF LOT 11; THENCE WEST 50.00 FEET, MORE'OR LESS, ALONG A LINE 5.00 FEET FROM -AND PARALLEL WITH THE SOUTH LINE OF LOT 11 TO THE SOUTHERLY PROLONGATION OF THE WEST LINE OF LOT 11; THENCE NORTH 5.00 FEET TO THE POINT OF BEGINNING. kSDEN &iSOCIATES CIVIL ENGINEERS - PLANNERS -• LAND SURVEYORS llAi7 F`ntv, u CIIITC llA _ ..,.•..- __-. . HOLLY—SEACLIFF DEVELOPMENT AGREEMENT EXHIBIT "A" .— „_ naco_l9,) , PARCEL 11: (AP NOS. 159-191-01, 02, 03 & 05) THAT PORTION OF THE SOUTH HALF OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, AS SHOWN ON TRACT NO. 7 RECORDED IN BOOK 9, PAGE 8 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 3 BLOCK 'E' OF SAID TRACT NO. 7; THENCE SOUTH 328.00 FEET, MORE OR LESS, ALONG THE WEST LINE OF LOT 3 AND THE SOUTHERLY PROLONGATION OF SAID WEST LINE TO AN INTERSECTION WITH THE SOUTH LINE OF SECTION 35; THENCE WEST 564.56 FEET, MORE OR LESS, TO THE CENTERLINE INTERSECTION OF MAIN STREET PROLONGED SOUTHWESTERLY AS SHOWN ON SAID MAP; THENCE NORTH 44059'45" EAST 1053.00 FEET, MORE OR LESS, ALONG SAID CENTERLINE OF MAIN STREET TO AN INTERSECTION WITH THE CENTERLINE OF HUNTINGTON STREET (SHOWN AS HUNTINGTON-AVENUE ON SAID MAP) 60.00 FEET WIDE; THENCE SOUTH 414.52 FEET, MORE OR LESS, ALONG THE CENTERLINE OF HOLLY STREET TO THE EASTERLY PROLONGATION OF THE NORTH LINE OF LOT 4; THENCE WEST ON SAID EASTERLY PROLONGATION 30.00 FEET TO THE POINT OF BEGINNING. PARCEL 12: (AP NOS. 159--311-02, 03, 04, 05, 06 & 07) THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, AS SHOWN ON TRACT NO. 7 RECORDED IN BOOK 9, PAGE 8 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 9 OF TRACT NO. 37 AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 34 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE EAST, 239.42 FEET, MORE OR LESS, ALONG THE NORTH LINE OF LOT 9 AND ITS EASTERLY PROLONGATION TOr THE CENTERLINE OF HUNTINGTON STREET (SHOWN AS HUNTINGTON AVENUE ON SAID TRACT 37) 60.00 FEET WIDE; THENCE SOUTH 211.58 FEET, MORE OR LESS, ALONG THE - CENTERLINE OF HUNTINGTON STREET TO THE CENTERLINE OF MAIN STREET, 120.00 Fh1 T WIDE; THENCE SOUTH 44'59' 45" WEST 904.70 FEET, MORE OR LESS, TO A LINE 20.00 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 35; THENCE NORTH 84.86 TEST ALONG A LINE PARALLEL WITH AND 20.00 FEET EAST FROM THE WEST LINE OF SAID SOUTHEAST QUARTER OF SECTION 35, SAID POINT ALSO BEING'ON THE SOUTHWESTERLY PROLONGATION OF THE NORTHWEST LINE OF MAIN STREET, 120.00 FEET WIDE; THENCE NORTH 44°59'45" EAST 141.44 FEET, MORE OR LESS, ALONG SAID SOUTHWESTERLY PROLONGATION OF THE NORTHWEST LINE OF MAIN STREET, -AS SHOWN ON SAID TRACT NO. 7 TO THE SOUTHWEST CORNER OF BLOCK 'B' OF SAID TRACT NO. 7, SAID POINT BEING ON A LINE 120.00 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER SECTION OF SAID SECTION 35; THENCE NORTH 369:"5-1 FEET, MORE JLS2ALDEN mv .7-+ &+ �1��r`� TES ES CIVIL ENGINEERS — ALANNERS -. LAND SURVEYORS i vn tl 1-n11,. �. ct•. TC+... . .-.•••-- - ..- 7 HOLLY-SEACLIFF DEVELOPMENT AGREEMENT EXHIBIT "A" ..... ..- f1000..1 C'1 � PARCEL 12: (CONTINUED) OR LESS, ALONG A LINE PARALLEL WITH AND 120.00 FEET EASTERLY FROM THE WEST LINE OF THE SOUTHEAST QUARTER SECTION OF SAID SECTION 35, TO A LINE THAT IS PARALLEL WITH AND DISTANT 1980.6 FEET SOUTHERLY FROM THE NORTH LINE OF SAID SOUTHEAST QUARTER SECTION; THENCE NORTH 363.42'FEET, MORE OR LESS, ALONG THE WEST LINE OF SAID BLOCK 'B' TO A LINE THAT IS PARALLEL WITH AND DISTANT 1980.6 FEET FROM THE NORTH LINE OF SAID SOUTHEAST QUARTER SECTION; THENCE WEST 75.00 FEET TO A LINE 45.00 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 35; THENCE NORTH 1411.25 FEET, MORE OR LESS, ALONG A LINE PARALLEL WITH AND 45.00 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 35 TO THE SOUTHWEST CORNER OF PARCEL 1 AS SHOWN ON A MAP -FILED IN BOOK 132, PAGES 35 AND 36 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY; THENCE EAST 614.60 FEET, MORE OR LESS, ALONG THE SOUTH LINE OF SAID PARCEL 1 TO THE CENTERLINE OF HUNTINGTON STREET, 60.00 FEET WIDE; THENCE SOUTH 854.89 FEET, MORE OR LESS, ALONG THE CENTERLINE OF HUNTINGTON STREET TO THE EASTERLY PROLONGATION OF THE NORTH LINE OF THE SOUTH 52.00 FEET OF LOT 7; THENCE WEST 239.42 FEET, MORE OR LESS, -ALONG SAI❑ EASTERLY PROLONGATION AND THE NORTH LINE OF THE SOUTH 52.00 FEET OF LOT 7 TO THE WEST LINE OF SAID LOT 7; THENCE SOUTH 260.00 FEET, MORE OR LESS, ALONG THE WEST LINE OF LOT 7 AND 8 TO THE POINT OF BEGINNING. PARCEL 1 3: (AP NOS. 1 1 1-072-02, 03, 04, 05, 07, 08, 09, 10, 1 1 , 12, 14, 15, 17, 18, 20, 21, 22, & 23 ) THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 35, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF GOLDENWEST STREET (FORMERLY WESTMINSTER AVENUE) AND ELT.IS AVENUE; THENCE EAST 1982. 27 FEET, MORE OR LESS, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35 TO THE CENTERLINE INTERSECTION OF GOTHARD STREET; THENCE EAST 33.82 FEET, MORE OR LESS, ALONG SAID NORTH LINE OF THE SOUTHWEST QUARTER TO.A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1000.00 FEET; THENCE SOUTHEASTERLY 339.26 FEET, MORE OR LESS, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 9°26' 18" TO A POINT OF REVERSING CURVATURE WITH A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1000.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 19026'18" EAST; THENCE SOUTHEASTERLY 320.16 FEET, MORE OR LESS, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 8 ° 2 0 ' 4 2 " TO AN INTERSECTION WITH A LINE 20.00 FEET EAST OF THE EAST.LINE OF ALDEN & SSQCIATES CIVIL ENGSYEERS - PLANNERS -• LAND SURVEYORS 13012COWAN iI11TE 71n , ivviur r. 7 HOLLY-SEACLIFF DEVELOPMENT AGREEMENT EXHIBIT "A" wn u„ OF359-7.fi7-� 0 1, t— PARCEL 13: (CONTINUED) THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE SOUTH 2,421.15 FEET, MORE OR LESS, ALONG SAID LINE 20.00 FEET EAST OF THE EAST LINE OF THE SOUTHWEST QUARTER TO THE CENTERLINE OF MAIN STREET, 120.00 FEET WIDE; THENCE SOUTH 44°59' 40" WEST, - 148.29 FEET, MORE OR LESS, TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE WEST 1320.51 FEET, MORE OR LESS, TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35, SAID LINE ALSO BEING THE CENTERLINE OF CRYSTAL STREET, 60.00 FEET WIDE; THENCE NORTH 1055.00 FEET, MORE OR LESS, ALONG THE CENTERLINE OF CRYSTAL STREET TO THE NORTH LINE OF BOLSA STREET (NOW KNOWN AS ERNEST AVENUE) 30.00 FEET WIDE, AS SHOWN ON THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, A MAP FILED' IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY; THENCE WEST 1000.00 FEET, MORE OR LESS, ALONG THE NORTH LINE OF SAID BOLSA STREET TO THE SOUTHEAST CORNER. OF LOT 19, BLOCK 'F' OF SAID GARFIELD STREET ADDITION;. THENCE NORTH 263.00 FEET, MORE OR LESS, ALONG THE EAST LINE OF LOTS 19 AND 20 TO THE NORTHEAST COR±MR OF LOT 20; THENCE WEST 320.00 FEET, MORE OR LESS, ALONG THE NORTH LINE OF LOT 20 AND ITS WESTERLY PROLONGATION TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35, SAID LINE ALSO BEING THE CENTERLINE OF GOLDENWEST STREET (SHOWN AS WESTMINSTER AVENUE ON SAID GARFIELD STREET ADDITION) 60.00 FEET WIDE; THENCE NORTH 1320.00 FEET, MORE OR LESS, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 35 AND THE CENTERLINE OF GOLDENWEST STREET, TO THE POINT OF BEGINNING. PARCEL 14: (AP NOS. 110-210-08 & 09) THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP RECORDED IN BOOK 51,.'PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNLI� OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF.SAID SECTION 34, SAID POINT ALSO BEING THE NORTHWEST CORNER Or TRACT NO. 62, AS SHOWN ON A MAP FILED IN BOOK 10, PAGE 7 OF MISCELLANEOUS MAPS; THENCE NORTH 396.00 FEET, MORE OR LESS, TO,THE NORTH LINE OF THE SOUTH 66.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 34; THENCE EAST 660.00 FEET, MORE OR LESS, ALONG LAST MENTIONED NORTH LINE TO THE EAST LINE OF SAID -SOUTHEAST QUARTER, SAID POINT ALSO BEING THE CENTERLINE OF GOLDENWEST STREET, 60.00 FEET WIDE; THENCE SOUTH 396.00 FEET, MORE OR LESS, ALONG SAID EAST LINE, OF SAID SOUTHEAST QUARTER TO THE SOUTH LINE OF THE NORTH H-AMF--OF THE 9 VWDEN & SOCI A'T'ES CIVIL ENCINEEItS — PLANNERS -- LAND SUP-VEYCRS 19012 COWAN. SUITE 210 • iRVINF f A 0111 wn Hn HOLLY-SEACLIFF DEVELOPMENT AGREEMENT EXHIBIT "A" 0859-162-1 o I1 n In rn PARCEL 14: (CONTINUED) SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF .THE SOUTHEAST QUARTER OF SAID SECTION 34; THENCE WEST 660.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. PARCEL 15: (AP NOS. 110-200-17, 18, 19 & 20) 'THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 34; THENCE WEST 1980.00 FEET, MORE OR LESS, TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 34; THENCE NORTH 660.00 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 34; THENCE EAST 1980.00 FEET, MORE OR LESS, ALONG SAID LAST MENTIONED NORTH LINE TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 34, SAID EAST LINE ALSO BEING THE CENTERLINE OF GOLDENWEST STREET, 60.00 FEET WIDE; THENCE SOUTH.660.00 FEET, MORE OR LESS, ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 34 TO THE POINT OF BEGINNING. PARCEL 16: (AP NOS. 110-200-13, 14 & 22) THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 34, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF GARFIELD AVENUE, 60.00 FEET WIDE, AND EDWARDS STREET 40.00 FEET WIDE; THENCE NORTH 1320.00 FEET, MORE OR LESS, TO THE NORTH LTYE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER FO SAID SECTION 34; THENCE EAST ALONG SAID LAST MENTIONED NORTH LINE 660,00, FEET, MORE OR LESS, TO THE NORTHEAST -CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34; THENCE SOUTH 660.00 FEET, MORE OR LESS,•ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34 TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 34; THENCE WEST 330.00 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34; THENCE SOUTH 660.00 FEET, MORE OR LESS, TO THE SOUTH LINE.`OF '%'AIALDEN SSOCIATES CFVjL ENGI-NEERS — PLANNERS — LAND SURVEYORS 13012 COWAM SUITE 2M * FRYINE. CA 92714 10 W O. Na. HOLLY-SEACLIFF DEVELOPMENT AGREEMENT EXHIBIT ";," 0859-16z-1 _ _181 1'7140 PARCEL 16: (CONTINUED) SECTION 34; THENCE WEST 330.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. PARCEL 17: (AP NOS. 110-015-56, 57 S 58) THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, PARTLY IN THE RANCHO LAS BOLSAS AND PARTLY IN THE RANCHO LA BOLSA CHICA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 34, SAID POINT ALSO BEING 2.00 FEET NORTH OF THE CENTERLINE OF GARFIELD AVENUE 60.00 FEET WIDE AND THE CENTERLINE OF EDWARDS STREET 40.00 FEET WIDE; THENCE NORTH 00015'54" EAST 50.00 !EET ALONG THE EAST LINE OF THE SOUTHWEST QUARTER' OF SECTION 34 TO THE POINT OF BEGINNING; THENCE NORTH 89042'05" WEST 178.97 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A.RADIUS OF 2350.00 FEET; THENCE NORTHWESTERLY 1156.85 FEET ALONG SAID 'CURVE THROUGH A CENTRAL ANGLE OF 28012'1911, A RADIAL BEARING BEARS SOUTH 28030'14" WEST; THENCE NON -TANGENT TO LAST MENTIONED CURVE NORTH 6301321" WEST 98.14 FEET TO A NON -TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2355.00 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 30053'28" WEST; THENCE NORTHWESTERLY 591.88 FEET, MORE OR LESS, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14024-00" TO THE BOUNDARY LINE OF THE CITY OF HUNTINGTON BEACH, AS SHOWN ON A MAP FILED IN BOOK 92, PAGES 19 THROUGH 28 OF RECORDS OF SURVEYS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE ALONG SAID CITY BOUNDARY LINE THE FOLLOWING THREE COURSES, NORTH 26049'24" EAST, 287.04 FEET; SOUTH 89041'05" EAST 726.01 FEET, NORTH 00017'53" EAST 780.72 FEET TO THE NORTHWEST CORNER OF PARCEL 2 AS SHOWN ON A MAP FILED IN BOOK 42 PAGE 25 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY; THENCE ALONG THE NORTH AND EAST LINE OF SAID PARCEL 2 THE FOLLOWING THREE COURSES; SOUTH 89034'20" E"ST 124.00 FEET; THENCE SOUTH 00017'53" WEST 120.00 FEET; THENCE SOUTH 89034'20" EAST 864.71 FEET, MORE OR LESS, TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 34 AND THE CENTERLINE OF EDWARDS. STREET; THENCE SOUTH 0001 5' 30" WEST . 1.929.87 FEET, MORE OR LESS, TO THE 'POINT OF - BEGINNING. '%JUALDEN & ssoCIATES ww CIVIL EN014EEKS - PLANNERS -- LAND SURVEYORS 19012 COWAN. SUITE 210 . IRVINE. CA 92714 714,66M I rrl FAY AAA A... 11 HOLLY-SEACLIFF ' DEVELOPMENT AGREEMENT EXHIBIT "A" wo.No. w 0859-16-2-1 nail 8/17 /Q PARCEL 1 8 : ( AP NOS. 1 1 0-01 5--60 & 61 ) THAT PORTION OF THE SOUTHWEST QUARTER AND THE. NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, PARTLY IN THE RANCHO LAS BOLSAS AND PARTLY IN THE RANCHO LA BOLSA CHICA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 34, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF EDWARDS STREET, 40.00 FEET WIDE, AND ELLIS AVENUE, 40.00 FEET WIDE, SAID POINT AS SHOWN ON A MAP FILED IN BOOK 92 PAGES 19 THROUGH 28 OF RECORDS OF SURVEYS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 00"16'41" WEST 329.97 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 42, PAGE 25 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 89032'15" WEST 988.55 FEET ALONG THE NORTH LINE OF SAID PARCEL 1; THENCE NORTH 00014'01" EAST 659.39 FEET; THENCE SOUTH 89039'57" EAST, 660-.03 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 34 AND THE CENTERLINE OF EDWARDS STREET; THENCE SOUTH 00°16'56" WEST 329.90 FEET ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. PARCEL�19: (AP NOS. 110-151-15 & 16) FARM LOT 48, BEING THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, PARTLY IN THE RANCHO LA BOLSA CHICA AND PARTLY IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SECTION 34, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF EDWARDS STREET, 40 FEET WIDE, AND ELLIS AVENUE; THENCE NORTH 660.00 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID FARM LOT 48; THENCE EAST.330.00 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF FAELM LOT' 48; THENCE SOUTH 660.00 FEET, MORE OR LESS, TO HE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 34 AND THE CENTERLINE OF ELLIS AVENUE; THENCE WEST 330.00 FEET, MORE OR LESS TO THE POINT OF BEGINNING. .PARCEL 20 : (AP NOS. 23-1 81 -34, 1 1 0-01 5-56, 1 1 0-200-31 , 1 1 0-230-08 ) BEING A PORTION OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST AND SECTIONS 3 AND 4, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN AS SHOWN ON A. MAP RECORDED IN BOOK 51 , PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: '%IUALDEN & SSQCIATES CIVIL ENGINEERS - PLANNERS -• LAND SURVEYORS 34QCOWAN. SUITE 210 IRVINE. CA 92114 I JrIJA AIIA C.v ... -.._ 12 HOLLY-SEACLIFF DEVELOPMENT AGREEMENT EXHIBIT "A" 0859-162-1 woo No. Q■l• 8/17/90 PARCEL 20: (CONTINUED) BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 3; THENCE SOUTH 89042'05" EAST 2639.70 FEET ALONG THE NORTHERLY LINE OF SAID NORTHEAST ONE -QUARTER TO THE NORTHEAST CORNER OF SAID NORTHEAST ONE -QUARTER OF SECTION 3, SAID CORNER BEING THE CENTERLINE INTERSECTION OF GARFIELD AVENUE AND GOLDENWEST STREET AS SHOWN ON THE MAP OF TRACT NO. 7656 RECORDED IN BOOK 2951 PAGES 28 THROUGH 31 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 00016'53" WEST 1177.92 FEET ALONG SAID CENTERLINE OF GOLDENWEST STREET TO A POINT ON THE EASTERLY PROJECTION OF A LINE PARALLEL WITH AN SOUTHERLY 7.50 FEET FROM THAT CERTAIN COURSE DESCRIBED AS "SOUTH 88017'35" WEST 193.77 FEET" FOR A PORTION OF THE CENTERLINE OF A 15.00 FOOT STRIP OF LAND DESCRIBED AS PARCEL "G" OF THAT CERTAIN RIGHT OF WAY AND EASEMENT AGREEMENT R.ECCRDED IN BOOK 9943, PAGE 221 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE LEAVING SAID -CENTERLINE OF GOLDENWEST STREET SOUTH 88017'08" WEST 241.54 FEET ALONG SAID PARALLEL LINE; THENCE LEAVING SAID PARALLEL LINE SOUTH 56004'07" WEST 31.20 FEET; THENCE SOUTH 00055'43" EAST 116.12 FEET TO A POINT ON THE NORTHERLY LINE OF SAID TRACT NO. 7656, SAID POINT BEING THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 800.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 15041'15" EAST; THENCE WESTERLY 783.80 FEET ALONG SAID CURVE AND SAID NORTHERLY LINE OF TRACT NO. 7656 AND ALONG THE NORTHERLY LINE OF TRACT 7421 RECORDED IN BOOK 302, PAGES 20 THROUGH 23 OF MISCELLANEOUS MAPS ON THE -OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 800.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 40026'54" EAST; THENCE NORTHWESTERLY 249.63 FEET ALONG SAID CURVE AND SAID NORTHERLY LINE OF TRACT NO. 7421 THROUGH A CENTRAL AVENUE OF 17052'42" THENCE NORTH 00022136" EAST 24.68 FEET; THENCE NORTH 44022'22" WEST 78.12 FEET; THENCE SOUTH 48052' 36" WEST 27'.00 FEET; THENCE SOUTH 79052' 36" WEST 248.95 FEET; THENCE SOUTf'► 00°22' 36" WEST 5.90 FEET; THENCE NORTH 89037' 24" WEST 72.36.FEET; THENCE SOUTH 80035;37" WEST 262.07 FEET; THENCE SOUTH 56052'22" WEST 157.58 FEET; THENCE SOUTH 36035'30" WEST 109.38 FEET;. THENCE SOUTH 43048'10" WEST 151.41 FEET; THENCE SOUTH 02"06'09" WEST 384.31 FEET; THENCE SOUTH 22°47'17" WEST 236.88 FEET; THENCE SOUTH 11043'51" EAST 123.87 FEET; THENCE SOUTH 35008'20" EAST 256.90 FEET; THENCE SOUTH 27031'58 EAST 336.22 FEET; THENCE SOUTH 37°12'45" EAST 170.83 FEET; THENCE SOUTH 57019'50" EAST 67.67 FEET; THENCE NORTH 34015'43" WEST 68.56 FEET; THENCE NORTH 47012'59" EAST 106.40 FEET; THENCE SOUTH 52033'36" EAST 202.66 FEET; THENCE SOUTH 56002'22" EAST 89.12 FEET; THENCE SOUTH 85036'09" EAST 148.27 FEET; THENCE SOUTH 42°33'44" EAST 151.24 FEET; THENCE SOUTH 26°13'49" WEST 112.82 FEET; THENCE SOUTH 47°3.7'07" WEST 1,78.23 FEET; THENCE SOUTH 56031' 48" WEST-90.34' FEET; 13 VWDIEN & SSOCIATES CIVIL ENGINEERS - PLANNERS - LANO SURVEYORS J8012 C0WAN. SL:JTF Tin • JO VtKF �. HOLLY-SEACLIFF DEVELOPMENT AGREEMENT EXHIBIT "A" PARCEL 20: (CONTINUED) THENCE SOUTH 52026'55" WEST 109.64 FEET; THENCE SOUTH 53034'35" WEST 199.31 FEET; THENCE SOUTH 53021'07" WEST 144.84 FEET; THENCE SOUTH 53034'54" WEST 79.68 FEET; THENCE NORTH 78°49'50" WEST 129.11 FEET; THENCE NORTH 82°26'29" WEST_ 132.50 FEET; THENCE NORTH 87053'06 WEST 142.58 FEET; -THENCE NORTH 88-34-45" WEST 482.97 FEET; THENCE SOUTH .79°09'09" WEST 427.24 FEET; THENCE SOUTH 78011;'24" WEST 320.84 FEET; THENCE NORTH 09007'55" EAST 186.17 FEET; THENCE NORTH 11°03'24" EAST 248.08 FEET; THENCE NORTH 19001'22" EAST 142.80 FEET; THENCE NORTH 36-57'36" EAST 41.06 FEET; THENCE NORTH 35024'38" EAST 689.02 FEET; THENCE NORTH 05002'22" WEST 61.09 FEET; THENCE NORTH 85046'51" WEST 28.56 FEET; THENCE SOUTH 53058'25" WEST 49.15 FEET; THENCE NORTH 78051'01" WEST 62.70 FEET; THENCE SOUTH 59°32'35" WEST 112-.08 FEET; THENCE NORTH 70028'27" WEST 109.58 FEET; THENCE -NORTH 27044-02" EAST 108.69 FEET; THENCE NORTH 1.7029'33" EAST 232.75 FEET; THENCE NORTH 09047'41" EAST 224.74 FEET; THENCE NORTH 06°41'28" EAST 218.10 FEET; THENCE NORTH 12050'02" EAST 125.61 FEET; THENCE _NORTH 11012'50" WEST 67.15 FEET; THENCE NORTH 76016'19" WEST 54.17 FEET; THENCE SOUTH 68 ° 5 6 ' 5 8" WEST 44.19 FEET; . THENCE SOUTH 1 3 ° 4 2 ' 05" WEST 241.82 FEET; THENCE SOUTH'32°53'58" WEST 74.39 FEET; THENCE NORTH 83032'50" WEST 85.42 FEET; THENCE NORTH 64043'58" WEST 68.77 FEET; THENCE NORTH 53016' 51" WEST 49.91 FEET; THENCE NORTH 06"04' 10" EAST 55.63 FEET; THENCE NORTH 03°04'00" WEST 150.41 FEET; THENCE NORTH 45052'33" EAST 85.70 FEET; THENCE NORTH 15045'53" EAST 122.97 FEET; THENCE NORTH 44048'17" WEST 98.42 FEET; THENCE NORTH 35°04'20" WEST 62.07 FEET; THENCE NORTH 49018'15" WEST 427.57 FEET; THENCE NORTH 70042'04" WEST 751.89 FEET; TO A POINT ON THE NORTHEASTERLY PROJECTION OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 41042'13" EAST 164.55 FEET" FOR A PORTION OF THE SOUTHEASTERLY LINE OF SEAPOINT STREET (FORMERLY SEAVIEW AVENUE), 100.00 FEET IN WIDTH, AS SHOWN ON: THE MAP FILED IN BOOK 166, PAGES 10 AND 11 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 41"42'13" WEST-243.13 FEET ALONG SAID NORTHEASTERLY PROJECTION TO THE MOST NORTHERLY CORNER OF PAR(7ML 1 AS SHOWN ON SAID LAST MENTIONED MAP; THENCE ALONG THE NORTHERLY LINE OF SAID MAP. THE FOLLOWING COURSES: NORTH 48017'47'.' WEST 100.00 FEET, SOUTH 4104.2'13" WEST 164.55 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 750.00 FEET -AND SOUTHWESTERLY 259.51 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19049'31" TO THE MOST NORTHEASTERLY LINE OF THE LAND DESCRIBED IN THAT CERTAIN PARTIAL RECONVEYANCE RECORDED AS INSTRUMENT NO. 82- 222367 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE LEAVING SAID NORTHERLY LINE OF SAID LAST MENTIONED MAP NORTH 42011'18" WEST 360.45 FEET ALONG SAID NORTHEASTERLY OF THE ABOVE DESCRIBED PARTIAL RECONVEYANCE TO A POINT ON THE NORTHERLY LINE OF THE- HUNTINGTON '%I A L D E N & SSOCIATES CIVIL ENGINEERS - PLANNERS - LAND SURVEYORS 18012 COWAN. SUITE 214 • IRVINE. CA 92714 14 HOLLY-SEACLIFF DEVELOPMENT AGREEMENT EX141 BIT "A" µr.O.No 0859-162-1 PARCEL 20: (CONTINUED) BEACH CITY LIMIT BOUNDARY, AS SHOWN ON THE MAP FILED IN BOOK 97, PAGES 35 THROUGH 37 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID BOUNDARY LINE THE FOLLOWING COURSES: SOUTH 89°37'14" EAST 91.97 FEET, NORTH 00015'23" EAST 328.98 FEET, SOUTH 89°43'03" EAST 660.16 FEET; NORTH 00019'15" EAST 328.84 FEET, NORTH 89041'36" WEST 231.59 FEET AND NORTH 26049' 24" EAST 820.62 FEET TO THE BEGINNING OF A NON --TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2355.00 FEET, A RADIAL LINE TO CURVE BEARS SOUTH 45017'28" WEST; THENCE LEAVING SAID HUNTINGTON BEACH CITY LIMIT BOUNDARY, SOUTHEASTERLY 591.88 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 4° 24' 00" ; THENCE SOUTH 63013'21" EAST 98.14 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHERLY HAVING A'RADIUS OF 2350.00 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 28030'14" WEST; THENCE EASTERLY 1156.65 FEET ALONG SAID CURVE THROUGH A' CENTRAL ANGLE OF 28012' 1 9" TO A POINT ON A LINE PARALLEL WITH AND 50-00 NORTHERLY FROM THE NORTHERLY LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 3; THENCE SOUTH 89 °.�42' 05" EAST 178.97 FEET ALONG SAID PARALLEL LINE TO THE EASTERLY LINE OF THE SOUTHWEST ONE --QUARTER OF SAID SECTION 34; "THENCE SOUTH 00015'54" WEST 50.00 FEET ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. "ta2ALDEN & SSOCIATES CIVIL ENGINEERS — PLANNERS — LANDSURVaYORS i8012 COWAN. SUITE 210 • IRVINE. CA 92714 15 HOLLY-SEACLIFF DEVELOPMENT AGREEMENT EXHIBIT "A" WO. No — noI. A 1-1-7 Inr+ CJ Requested by: 23 CVrporate Plaza, Suite 250 Newp rt Beach, California 92660 When rec ded, mail to: PLC 23 Corporate P , Suite 250 Newport Beach, alifornia 92660 Attn: Legal Dept. On November 14, 1990, Development Agreement No. 90-1 ("Agreement") by and between the City of Huntington Beach ("City") and Pacific Coast Homes and Garfield Partners was recorded in the Official Records of Orange County, California as Document No. 90-599766; and Portions of the property covered by the Agreement were thereafter sold to PLC, a California general partnership, and a portion to MS Vickers II, L.L.C., a Delaware limited liability company, and a portion to New Urban West, Inc. (hereinafter collectively referred to as the "Developer"), along with an assignment of the rights, duties and obligations under the Agreement; and The property that is the subject of the Agreement is described in the legal description attached hereto as Exhibit -"A."` The Agreement provides in part at Paragraph 3.1.5 that, If at the conclusion of a periodic review the City Council finds that the Developer to be in compliance with this agreement, City shall, upon request by the Developer, issue a Certificate of Development Agreement Compliance ("Certificate") to the Developer stating that after the most recent periodic review and based upon the information known or made known to the Director of Community Development and the City Council that (1) this Agreement remains in effect and (2) Developer is not in default. 7/klagree/90-1/4/8/97%� RLS 96-811' `'o . 3 • i A,"fe CITY OF HUNTINGTON BEACH' 0 INTER -DEPARTMENT COMMUNICATION HUNTI%GTON BEACH TO: Honorable Mayor and City Councilmembers FROM: _ Gail Hutton, City Attorney j�.•►m� b� G„ c DATE: May 5, 1997 SUBJECT: Holly-Seacliff Development Agreement 1996 Compliance Report; Agenda Item D-1, 5/5/97 City Council Meeting In November of 1990, the City entered into a Development Agreement covering several hundred acres owned by the Garfield Partners. The Agreement requires an annual report regarding the Developer's compliance with the terms and conditions thereof. In 1996, the Garfield Partners sold its interest in the land, and assigned its rights, duties and obligations under the Agreement, to PLC and Morgan Stanley. PLC has continued to sell off subdivided tracts to various developers, while retaining the responsibility for the installation of most of the infrastructure. Recently, concerns have been raised regarding several issues: PLC's ability to complete the infrastructure obligations contained in the Agreement; the amount of reimbursement for excess capacity; and the type of reimbursement mechanism that should be used to compensate PLC for the installation of the excess capacity improvements. Although PLC is currently in compliance with the Agreement, we believe that it should be noted for the record that the above issues exist and remain unresolved to date. GAIL HUTTON City Attorney c: Michael T. Uberuaga, City Administrator Ray Silver, Asst. City Administrator Melanie Fallon, Director of Community Development Les Jones, Director of Public Works 4/s:G:4-97 Mcmos:comp1505