HomeMy WebLinkAboutPACIFIC COAST HOMES & GARFIELD PARTNERS - 1990-11-05 1
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i DEVELOPMENT AGREEMENT NO . 90- 1
1 HOLLY-SEACLIFF
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1 PRINTING DATE: JANUARY, 1991
1 CITY OF H U NTI NGTON BEACH
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� DEVELOPMENT AGREEMENT NO . 90- 1
1 HOLLY-SEACLIFF
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� PRINTING o.,E. ,.xU.a.. 1991
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� CITY OF HUNTINGTON BEACH
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1 DEVELOPMENT AGREEMENT NO. 90-1
HOLLY SEACLIFF
Table of Contents
I EXECUTIVE SUMMARY
II ADOPTION/AMENDMENT ORDINANCES
Ordinance No. 3080 ( 11/5/90)
III DEVELOPMENT AGREEMENT
IV ENLARGED EXHIBITS
Exhibit C Linear Park Dedication ( 11/5/90)
Exhibit D Neighborhood Parks ( 11/5/90)
Exhibit E Facilities Improvement Plan ( 11/5/90)
Exhibit G Arterial Alignment and Striping Plan ( 11/5/90)
Exhibit H Sewer Facilities ( 11/5/90)
Exhibit I Land Use Element ( 11/5/90)
V EXISTING LAND USE REGULATIONS
Documents Under Separate Cover
Huntington Beach Ordinance Code (Division 9 ) (12/5/90)
Printing Date: January, 1991
iHOLLY SEACLIFF DEVELOPMENT AGREEMENT
EXECUTIVE SUMMARY
The Holly Seacliff Development Agreement was approved by the City of
Huntington Beach on November 5, 1990 (Ordinance No. 3080). The effective date of the
Agreement is December 5, 1990.
The following is a summary of the Agreement:
Section 1 Definitions.
Section 2 Development of the Property
Section 2.1 General - Developer has vested legal right to develop; City has right to
regulate consistent with Agreement.
Section 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.
(2) 7.9 acres by 6/30/91.
(3) 6.7 acres by 12/31/91.
(4) 7.7 acres by 6/30/92.
(5) 7.8 acres by 12/31/92.
(6) 3.6 acres after Shell gas plant removed, by 12/31/94.
(7) City has option for 5 years for additional 2.7 acres
or 4.5 acres.
(b) Dedicate land free and clear of oil and gas equipment.
(c) Rough grade portion of Park adjacent to Tentative Tract
14355; cooperate on other rough grading.
(d) Provide landscaped buffer between park and new tracts.
(e) Provide CLTA preliminary title report on dedicated land.
(f) Receive credit for 35.6 acres of park dedications.
(g) If City requests additional 2.7 acres, then credit is 41.3 acres;
if City requests additional 4.5 acres, then credit is 43.1 acres.
(h) Park credit can be applied to other residential developments.
(i) Additional dedication or fees may be required by law.
2.2.2. Neighborhood Parks
(a) Dedicate 12 acres for neighborhood parks.
(b) Identify sites on tentative maps and dedicate at recordation.
(c) Construct improvements for $1,2000,000. Complete each
park at one half unit occupancy of each planning unit.
(d) Maintain park until City acceptance.
2.2.3. Public Right of Way and Private Streetscape Improvements
(a) Dedicate and improve public ROW.
(b) Improve perimeter streetscape.
(c) Maintain perimeter streetscape.
2.2.4. Traffic and Circulation Improvements
(a) Dedicate, design and improve arterials. Prepare precise plans
within 120 days of Effective Date, and submit improvement
plans with 1 year of adoption of precise plans. Commence
construction within 120 days of City ROW acquisition and
plan approval. Complete within 3 years.
(b) Prepare local street plans.
(c) Design and construct intersection improvements.
(d) Construct and landscape medians.
(e) Maintain Transportation Cooridor in Area C.
(f) Pay $150 per trip traffic impact fee.
(g) If Cross-Gap Connection not built, pay additional traffic fees
if required.
(h) Construct street improvements on Edwards and Ellis; receive
credit against traffic impact fee.
(i) Lower 42" water main at Edwards and Garfield.
(j) Developer eligible for Reimbursable Costs for offsite
infrastructure improvements.
(k) Dedicate all Developer's property within rights of way for
arterials.
(1) Above improvements mitigate all traffic impacts absent a
showing by City.
2.2.5. Water, Sewer, Drainage and Utility Improvements
(a) Construct all sewer facilities.
(b) Construct all drainage improvements.
(c) Upsize infrastructure if necessary because of density
transfer.
(d) Underground overhead utilities.
(e) Construct Cross-Gap water main, or its equivalent within
project area.
(f) Install "green acres" distribution and service lines.
(g) Developer eligible for Reimbursable Costs for (a) through (f).
(h) Construct 9 million gallon water reservior, booster stations,
well and transmission lines. Start design within 180 days of
Effective Date. Start construction within 120 days of City
site acquisition.
2.2.6. Fire and Emergence Medical
(a) At first building permit, start annual payments of. $223,300
for paramedic services, until 1000 units or assessed value
increase of $775 million.
(b) Construct, furnish and equip fire station on land provided by
City. Cost of $3,150,000. Developer eligible for
Reimburasble Costs.
2.2.7. Police
(a) Construct, furnish and equip police substation at .fire
station. Cost of. $654,000. Developer eligible for
Reimbursable Costs.
t2.2.8. School Facilities
(a) Designate school site as provided by law, and encourage
Developer and District to negotiate in good faith.
2.2.9. Other Development Controls
(a) Maintain minimum of. 100,000 sq. ft. GLA in "mixed
development" area.
(b) Prepare a Holly-Seacliff Specific Plan.
2.2.10. Fees
(a) Pay all fees as required by Existing Land Use Regulations.
(b) Pay any increases to existing fees adopted on city-wide basis.
(c) Pay proposed "planning permit processing fee" if adopted.
(d) Pay any police/fire operating fee adopted, subject to 2.2.6(a).
(e) Pay any increase in water service fee, subject to 2.2.5(h).
(f) Pay any new city-wide fee imposed on all.
(g) Pay any new fee for new development impacts, based on City
study.
(h) Pay traffic impact fee, subject to 2.2.4.
(i) Pay annual Report Review Fee.
(j) Pay only fees that are legally valid; increases in building fees
are not retroactive.
1 2.2.11. Reimbursement Agreements
The following shall apply to Reimbursable Costs:
1 (a) City pay Developer from fees generated from other
development served by excess capacity.
(b) Director of Public Works verify Developer's actual costs.
(c) Disputes appealable to City Administrator, then City Council.
(d) Reimbursable Costs determined 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 Reimbursable Costs for
Developer.
(g) Balance of Reimbursable Costs adjusted annually, not to
exceed 200%.
Section 2.3 Development Standards and Schedule
2.3.1. Permitted uses are set forth in Existing Land Use Regulations
(ELUR) 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.
2.3.5. Developer may apply y to form an assessment district
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community facilities district or similar special district.
Section 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 (ELUR). If
mutually- agreeable Holly Seaclif.f Specific Plan is approved,
its standards become part of ELUR.
2.4.2. If ELUR conflicts with State or Federal laws, those portions
of ELUR will be modified or suspended.
2.4.3. Developer to comply with all Uniform Codes.
2.4.4. City can modify or suspend Developer's right to proceed, if
necessary for health or safety.
Section 2.5 Processing of Development Approvals
2.5.1 City agrees to process all applications. No further EIR's are
required.
Section 2.6 Cooperation in Securing Approvals
City to cooperate to secure permits from other agencies.
Section 3 Periodic Review Default; Remedies; Termination
Section 3.1. Periodic Review
1 3.1.1. Developer to prepare and Cite to review an Annual
Monitoring Report.
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.
Section 3.2 Failure to perform is a default. Provides time period for cure.
Section 3.3 Cite may terminate in event of. default.
Section 3.4 Disputes are referred to a retired judge.
Section 3.5 Remedies are cumulative. Inaction not a waiver of default.
Section 3.6 No cross defaults.
Section 3.7 Termination in event of judicial invalidation.
Section 3.8 Restitution to Developer if Cite terminates without just cause.
Section 4 General Provisions
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TZ 111590LR
ORDINANCE NO. 3080
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ADOPTING THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC
COAST HOMES AND GARFIELD PARTNERS
rWHEREAS, the Holly-Seacliff General Plan Amendment has
been adopted by the City Council ; and
The complexity and planned long-term development of the
project dictate the need for a Development Agreement between
the City and all owners of the property covered by the
Agreement; and
' A Development Agreement has been prepared and reviewed
at a duly noticed public hearing held by the Planning
Commission of the City of Huntington Beach on October 2 ,
1990 ; and
'.� Said Development Agreement has P g s been reviewed at a
duly-noticed public hearing held by the City Council of the
City of Huntington Beach on October 1, 1990 and continued
open to October 8 , 1990 and October 15 , 1990 ;
NOW, THEREFORE, the City Council of the City of
Huntington Beach does ordain as follows :
SECTION 1 . The subject Development Agreement between
the City of Huntington Beach and all owners of the property
rcovered by the Agreement is :
1 . The Holly-Seacliff Development Agreement is
consistent with the objectives, policies, general land uses
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and programs specified in the general plan. The Development
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l Agreement recognizes that a future specific plan will
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implement the master plan.
2 . The Holly-Seacliff Development Agreement is
compatible with the uses authorized in, and the regulations
prescribed for, the land use district in which the real
property is located .
3 . The Holly-Seacliff Development Agreement is in
conformity with public convenience, general welfare and good
land use practice, because infrastructure improvements and
parkland dedication will be expedited .
4 . The Holly-Seacliff Development Agreement will
not be detrimental to the health, safety and general
welfare, because it is consistent with the Holly-Seacliff
master plan and incorporates the mitigation measures from
Environmental Impact Report No . 89-1 .
5 . The Holly-Seacliff Development Agreement will
not adversely affect the orderly development of property
values because development and infrastructure improvement
will occur on a schedule outlined in the Agreement .
SECTION 2 . Based on the above findings , the City
Council of the City of Huntington Beach hereby approves the
Development Agreement between the City of Huntington Beach
and all owners of the property covered by the Agreement and
adopts it by ordinance pursuant to Government Code Section
65867 . 5, and this action is subject to a referendum.
SECTION 3 . This ordinance shall take effect 30 days
after its passage .
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1 PASSED AND ADOPTED by the City Council of the City of
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Huntington Beach at a regular meeting thereof held on
the 5th day of November
s, y
1 Mayor
ATTE
l/ a„T: APPROVED AS TO FORM:
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City Clerk City Attorney
J6 /Z-jo
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Director of Community
Development
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rd. No. 3080
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I , CONNIE BROCKWAY, the duly elected, qualified City
Clerk. of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting therof held on the 15th day of October
19 90 and was again read to said City Council at a regular
meeting therof held on the 5th day of November 19 90 , and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
MacAllister Green, Mays, Silva, Erskine
NOES: Councilmembers:
Winchell
ABSENT: Councilmembers:
Bannister
I, Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council, do hereby certify that a synopsis of this
ordinance has been published in the Daily Pilot on
'? �Z y City Clerk and ex-officio Clerk
In;accordance A.Fthe City Charter of suia,,'t!y. of the City Council of the City
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Connie Srockvday of Huntington Beach, California
I --City Clerk
elf
Clerk
=� 90=599766
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Recording Requested By:
City of Huntington Beach RZOORE)ED IN OFPICIAL RtUORt%
2000 Main Street �OF ORAIN E COUNTY,CALIFORNiA
Huntington Beach, CA 92648
� zs� PM NOV 14 '90
When Recorded Return to:
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
DEVELOPMENT AGREEMENT
By and Between
THE CITY OF HUNTINGTON BEACH
("CITY")
and
PACIFIC COAST HOMES and GARFIELD PARTNERS
(collectively, "DEVELOPER")
docsnen� is Solely for the
his the City
official b��riF:e^s C O VA i e ti"y
civ
ofHu,It, c
C.0do
plated III-Id''31' 'c v ,,. rded
so(;. 6103 and ahoy d be r®co
free of eharge
TABLE OF CONTENTS
Page
Recitals . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 1 Definitions . . . . . . . . . . . . . . . . . . 5
Section 2 Development of the Property . . . . . . . . . . 10
2 . 1 General: Developer ' s Right to Develop;
City' s Right to Regulate Development . . . . . . . 10
2 . 2 Developer ' s Obligations . . . . . . . . . . . . . 10
2 . 2 . 1 Linear Park . . . . . . . . . . . . . . . 11
2 . 2 . 2 Neighborhood Parks . . . . . . . . . . . . 14
2 . 2 .3 Public Right of Way and Private
Streetscape Improvements . . . . . . . . . 15
2 . 2 .4 Traffic and Circulation Improvements;
Phasing Plan . . . . . .
2 . 2 . 5 Water, Sewer, Drainage and Utility
Improvements . . . . . . . . . . . . . . . 20
2 . 2 . 6 Fire and Emergency Medical . . . . . . . . 22
2 . 2 . 7 Police . . . . . . . . . . . . . . . . . . 23
2 . 2 . 8 School Facilities . . . . . . . . . . . . 23
2 . 2 . 9 Other Development Controls . . . . . . . . 23
2 . 2 . 10 Fees . . . . . . . . . . . . . . . . . . . 23
2 . 2 . 11 Reimbursement Agreements . . . . . . . . . 25
2 . 2 . 12 Approval as to Form by City Attorney . . . 26
2 . 3 Development Standards and Schedule . . . . . . . . 27
2 . 3 . 1 Permitted Development On 'and Uses of
the Property . . . . . . . . . . . . . . . 27
2 .3 . 2 Timing and Phasing of Development . . . . 27
2 . 3 .3 Development Exactions . . . . . . . . . . 28
2 . 3 .4 Subsequent Land Use Regulations . . . . . 28
2 . 3 . 5 Financing Infrastructure . . . . . . . . . 29
2 .4 Amendments to Existing Land Use Regulations . . . 29
2 .4 . 1 Mutually Approved Changes . . . . . . . . 29
2 .4 . 2 Conflict with State or Federal Laws . . . 30
2 .4 . 3 Uniform Codes . . . . . . . . . . . . . . 32
2 .4 .4 Emergency Situations . . . . . . . . . . . 32
2 . 5 Processing of Development Approvals . . . . . 33
2 . 5 . 1 Applications . . . . . . . . . . . . . . . 33
2 . 6 Cooperation in Securing Approvals . . . . . . . . 34
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TABLE OF CONTENTS (continued) Page
Section 3 Periodic Review of Developer ' s Compliance with
Agreement; Default; Remedies; Termination. . . 34
3 . 1 Periodic Review . . . . . . . . . . . . . . . . . 34
3 . 1 . 1 Annual Monitoring Report . . . . . . . . 34
3 . 1. 2 Procedure for Review of Annual
Monitoring Report . . . . . . . . . . . . 35
3 . 1.3 Proceedings Upon Modification of
Termination . . . . . . . . . . . . . . . 36
3 . 1. 4 Hearing on Modification or Termination . 36
3 . 1. 5 Certificate of Agreement Compliance . . . 37
3 . 1. 6 Separate Proceedings in Event of Partial
Assignment or Transfer . . . . . . . . . . 37
3 .2 Defaults--General . . . . . . . . . . . . . . . . 38
3 . 3 Termination . . . . . . . . . . . . . . . . . . . 39
3 . 4 Resolution of Disputes . . . . . . . . . . . . . 39
3 . 5 Cumulative Remedies . . . . . . . . . . . . . . . 42
3 . 5 . 1 Inaction Not a Waiver of Default . . . . 43
3 . 6 No Cross-Defaults . . . . . . . . . . . . . . . . 43
3 . 7 Termination in Event of Judicial Invalidation 45
3 . 8 Restitution to Developer . . . . . . . . . . . . 45
Section 4 General Provisions . . . . . . . . . . . . . . 46
4 . 1 Indemnification, Defense, Hold Harmless . . . . . 46
4 . 2 Assignment . . . . . . . . . . . . . . . . . . . 46
4 .3 Encumbrances of the Property; Rights of
Mortgagees . . . . . . . . . . . . . . . . . . . 47
4 .4 No Third Party Beneficiaries . . . . . . . . . . 49
4 . 5 Term . . . . . . . . . . . . . . . . . . . . . . 49
4 . 6 Covenants . . . . . . . . . . . . . . . . . . . . 50
4 . 7 Project as a Private Undertaking . . . . . . . . 51
4 . 8 Consent . . . . . . . . . . . . . . . . . . . 51
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TABLE OF CONTENTS (Continued) Page
4 . 9 Covenant of Good Faith and Fair Dealing . . . . 52
4 . 10 Cooperation; Execution of Documents;
Estoppel Certificates . . . . . . . . . . . . . 52
4 . 11 Cooperation in the Event of Legal Challenge 53
4 . 12 Amendments and Waivers . . . . . . . . . . . . . 54
4 . 13 Time of Essence. . . . . . . . . . . . . . . . . 54
4 . 14 Enforced Delay; Extension of Times of
Performance . . . . . . . . . . . . . . . . . . 54
4 . 15 Severability . . . . . . . . . . . . . . . . . . 55
4 . 16 Notices . . . . . . . . . . . . . . . . . . . . 56
4 . 17 Interpretation and Governing Law . . . . . . . . 57
4 . 18 Compliance with City' s Procedures . . . . . . . 57
Section 5 Authority to Execute . . . . . . . . . . . . . 57
5 . 1 City Authority . . . . . . . . . . . . . . . . . 57
5 .2 Developer Authority . . . . . . . . . . . . . . . 58
5 .3 Recordation . . . . . . . . . . . . . . . . . . . 58
5 .4 Entire Agreement . . . . . . . . . . . . . . . . 58
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DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
PACIFIC COAST HOMES AND GARFIELD PARTNERS
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into
by and between the CITY OF HUNTINGTON BEACH, a municipal
corporation (hereinafter "City") , and PACIFIC COAST HOMES, a
California corporation, and GARFIELD PARTNERS, a California
general partnership (collectively, "Developer" ) , pursuant to
the authority of Sections 65864 through 65869 . 5 of the
Government Code of the State of California (the "Development
Agreement Statute") .
R E C I T A L S:
WHEREAS, The Legislature of the State of California has
adopted legislation which authorizes City to enter into a
development agreement with any person having a legal or
equitable interest in real property for the purpose of
establishing certain development rights in and obligations
with respect to such property; and
Pursuant to the authorization set forth in such
legislation, California Government Code Section 65865(c) ;
the City Council of City adopted its Resolution No . 5390 on
June 18, 1984 , establishing procedures and requirements for
consideration of Development Agreements; and
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The property that is the subject of this Agreement
consists of approximately 545 gross acres of real property,
bounded generally by Central Park and Ellis Avenue on the
north, Huntington and Main Streets on the east, Yorktown and
Clay Avenues on the south, and the City of Huntington Beach
boundary line on the west (the "Property") more particularly
described in the legal description attached hereto as
Exhibit "A" and shown on the Site Map attached hereto as
Exhibit "B" ; and
Developer is the legal owner of a portion of the
Property and the equitable owner of the balance of the
Property; and
City desires to enter into this Agreement to secure the
following public benefits from Developer;
1 . A commitment to dedicate certain public parklands;
2 . A commitment for dedication and acquisition of
right-of-way, and installation and construction of traffic,
circulation, landscape and aesthetic improvements;
3 . A commitment to construct other needed public
improvements, including without limitation water and sewer
lines, reservoir storage, lift stations, pump facilities,
and drainage improvements;
4 . Designation of a portion of the Property for a
future school site; and
City has determined that it is appropriate to provide
Developer with assurances that it may proceed with and
complete Development of the Property in accordance with the
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terms and conditions of this Agreement, which are consistent
with the adopted Land Use Element of the City' s General Plan
and the Ellis-Goldenwest Specific Plan, and upon adoption_,
consistent with the parameters of the proposed
Holly-Seacliff Specific Plan; and
City recognizes that Development of the Property in full
accordance with this Agreement will require Developer to
make substantial capital expenditures and investments with
respect to the construction and installation of major
infrastructure and facilities, both on-site and off-site,
public and private; to pay substantial developer fees ; and
to make substantial dedications of land for public benefit;
and
City further recognizes that Development of the Property
is a single, integrated development project, with each
component of the Development dependent upon the completion
and occupancy of each other component; and
City acknowledges that Developer would be both unable
and unwilling to make the commitments set forth in this
Agreement without the assurances provided by City herein and
the rights vested in Developer by this Agreement; and
The environmental impacts of Development of the Property
were addressed in Environmental Impact Report (EIR) No . 88-2
prepared for the Ellis/Goldenwest Specific Plan approval and
in Environmental Impact Report No. 89-1 prepared for the
Holly-Seacliff General Plan Amendment (GPA No. 89-1) which
was certified and approved by the City Council through its
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adoption of Resolution No. 6097 on January 8, 1990 . The
City has considered the environmental impacts and mitigation
measures of the development of the Property as discussed and
analyzed in EIR Nos . 88-2 and 89-1 prior to approving this
Agreement; and
On October 2, 1990, the City Planning Commission,
pursuant to Governnment Code Section 65867, held a
duly-noticed public hearing regarding this Agreement and, at
the conclusion of the hearing, and after considering the
evidence and staff report submitted by the City staff,
Developer, and all interested parties, adopted its
Resolution No . 1436 recommending that the City Council
approve this Agreement; and
On October 15, 1990, the City Council held a
duly-noticed public hearing regarding this Agreement and,
after considering the recommendation of the Planning
Commission, the evidence and staff report submitted by the
City staff, the Developer, and all interested parties,
on November 5 1990, the City Council adopted its
Ordinance No . 3080 approving this Agreement; and
City hereby finds that Development of the Property and
the dedications and improvements to be made by Developer
pursuant to this Agreement are consistent with the goals,
policies, and objectives of City' s adopted General Plan and
the Ellis-Goldenwest Specific Plan, and will provide
balanced land uses, promote an economically sound community,
and be in the best interests of the health, safety, and
general welfare of the City, its residents, and the public;
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NOW THEREFORE, in consideration of the mutual promises
herein contained, the City and Developer enter into this
Agreement upon the following terms and conditions :
Section 1 Definitions.
As used in this Agreement, the following term shall have
the meanings set forth below:
"Agreement" means this Development Agreement.
"Annual Adjustment" means the most recent twelve month
increase in the Consumer Price Index (CPI) , Los
Angeles-Anaheim-Riverside Statistical Area, All Urban
Consumers, or the Engineering News Record (ENR) Construction
Cost Index, whichever is greater, available as of the date
the increase is to be calculated. The base for the CPI and
ENR indexes shall be November 1990 .
"City" means the City of Huntington Beach, a municipal
corporation organized and existing under the laws of the
State of California.
"Community Improvements" means improvements to the
streets and arterials within the Holly-Seacliff Master Plan
area adjacent to Property not owned by Developer .
Improvements include but are not limited to street, curb,
gutters, sidewalks and landscaping.
"Developer" means (i) Pacific Coast Homes , a California
corporation, and (ii) Garfield Partners, a California
general partnership in which UWC-Peninsula I Partners, a
California limited partnership, and Pacific Coast Homes are
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the general partners, and any successor-in-interest to the
equitable or legal interests of Pacific Coast Homes and
Garfield Partners in and to all or any portion of the
Property, as more particularly set forth in Section 4 . 1
herein.
"Development" means the improvement of the Property for
the purposes of completing the structures, improvements, and
facilities comprising the Project, including but not limited
to: grading; the construction of infrastructure and public
facilities related to the Project, whether located within or
outside the Property; and the construction and installation
of buildings, structures, utilities, driveways, parking
areas, landscaping, lighting, signs and all related
improvements . "Development" does not include the
maintenance, repair, reconstruction, or redevelopment of any
building, structure, improvement or facility after the
initial construction and completion thereof .
"Development Approvals" means all enactments, permits,
and other entitlements for use which are required for the
Development of the Project on the Property pursuant to
City' s Existing Land Use Regulations .
"Development Exaction" means any requirement of City for
the dedication of land, the construction or installation of
improvements or facilities, the payment of fees or other
conditions or requirements, in whatever manner or form
imposed, relating to Developer ' s right to proceed with
Development of the Property or any portion thereof .
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"Effective Date" means the date thirty days (30) after
adoption of Ordinance No. 3080 approving this Agreement.
"Existing Land Use Regulations" means the following:
1 . The Ellis-Goldenwest Specific Plan, approved by
the City Council through its adoption of Ordinance No . 2998
on June 26, 1989;
2 . Holly-Seacliff General Plan Amendment No . 89-1
approved by the City Council through its adoption of
Resolution No. 6098 on January 8, 1990;
3 . EIR No. 88-2 prepared for the Ellis-Goldenwest
Specific Plan (adopted on May 1, 1989 , by Resolution No .
6022) ;
4 . EIR No . 89-1 prepared for the Holly-Seacliff
General Plan Amendment (adopted on January 8, 1990, by
Resolution No. 6097) ;
5 . All elements of the City' s General Plan
including the recently adopted Housing Element and the
current Coastal Element;
6 . The City' s existing zoning code shall serve as
the development standards for the Project unless and until
superceded by the City' s adoption and incorporation into
this Agreement of the "Holly-Seacliff Specific Plan" ;
7 . All other ordinances, resolutions, codes, rules
and regulations of the City which are in force on the
Effective Date of this Agreement; and
8 . All other provisions of this Agreement relating
to the Development and use of the Property.
7
"Mortgage" means' a mortgage, a deed of trust, or any
other security device securing financing with respect to the
Property or any part thereof .
"Mortgagee" means the holder of the beneficial interest
under any Mortgage and its successors and assigns .
"Party or Parties" shall mean City and Developer,
individually or collectively and, following a sale,
assignment, or transfer of the Property or a part thereof,
any purchaser, assignee, or transferee (excluding any
purchaser or transferee who acquires his/her interest on or
after the expiration date, as set forth in Section 4 . 2
herein) .
"Project" means construction by Developer of the
following uses and improvements upon the Property in
conformity with the Existing Land Use Regulations and
development schedule referenced in Section 2 .3 herein, as
such matters may be further defined, enhanced, or modified
in this Agreement :
1 . Residential Uses, including detached single
family, attached single family, and multi-family dwelling
units including residential units in mixed development areas
not to exceed a combined total of 3 , 780 units;
2 . Commercial Uses, including retail and office
uses and buildings with an understanding that the commercial
uses in Planning Area "D" may be increased from 7 acres to
10 acres, subject to a mutually agreed upon Land Use Element
Amendment, processed as a typical General Plan Amendment;
8
3 . Industrial Uses, including business park,
research and development, production, assembly, distribution
and storage uses; and
4 . Mixed-Use Development, including residential
uses, retail uses and office uses .
"Property" means the real property described on Exhibit
"A" and depicted on Exhibit "B. " The "County Portion of the
Property" means the approximately ten (10) acre portion of
the Property located west of Edwards Street and north of
Ellis Avenue that is within the unincorporated area of the
County of Orange, as described as Parcel 18 on Exhibit "A"
and depicted on Exhibit "B" .
The terms of this Agreement shall apply to the entire
Property; provided, however, pursuant to Government Code
Sections 65865(b) , this Agreement shall become effective
with respect to the County Portion of the Property only at
such time that said portion of the Property is annexed into
the City of Huntington Beach.
"Reimburseable Costs" shall mean costs to be reimbursed
to Developer through a Reimbursement Agreement as specified
in 2 . 2 . 11 for improvements in excess of those required to
service the proposed Project .
"Subsequent Land Use Regulations" shall mean all
ordinances, resolutions, codes, rules and regulations, which
are adopted by City Council, voter approved initiative, or
otherwise become effective after the Effective Date of this
Agreement and which govern the development, use and
9
maintenance of land, including without limitations :
moratoriums; regulations regarding the rate, time or
sequence of development; regulations placing a moratorium
on, restricting or phasing the provisions of public
facilities, services, or utilities; and air quality
maintenance plans .
Section 2 Development of the Property.
2 . 1 General : Developer ' s Right to Develop; City' s
Right to Regulate Development. Developer shall have the
vested legal right to proceed with the Development of the
Project in accordance with this Agreement. City shall have
the right to regulate the Development of the Project on the
Property consistent with the foregoing vested rights of
Developer and the terms and conditions of this Agreement .
2 .2 Developer ' s Obligations
Subject to the City' s adopted procedures, design,
size, acreage, construction specifications and insurance and
indemnity requirements, the Developer will construct and
dedicate the improvements identified in this section.
2 .2 . 1 Linear Park.
(a) Developer shall dedicate all property listed
below and shown in Exhibit "C" (41. 3 acres) for Linear Park
as follows :
1) 4 . 9 acres (a portion of APN 110-230-11)
within sixty (60) days of Effective Date of Agreement .
2) 7. 9 acres (a portion of APN 110-015-56) by
June 30, 1991 .
10
3) 6 . 7 acres (a portion of APN .110-015-60,
61) by December 31, 1991.
4) 7. 7 acres (a portion of APN 110-015-56) by
June 30, 1992 .
5) 7. 8 acres (a portion of APN 110-015-56, 57
and 58) by December 31, 1992 .
6) 3 . 6 acres (a portion of APN 110-230-11)
after Shell gas plant removed and no later than December 31,
1994 .
7) City shall have the option for five (5)
years from the Effective Date to accept dedication of either
2 . 7 acres (a portion of APN 110-015-60) or 4 . 5 acres (APN
110-151-15 and 16) . Notwithstanding the provisions of
2 . 2 . 1(b) through 2 .2 . 1(e) City shall accept dedication of
the 4 . 5 acre parcel herein subject to the continuation of
all oil production and related operations .
(b) The surface of all dedicated land shall be
granted free and clear of any oil and gas related producing
equipment owned or directly controlled by Developer or its
affiliates . Oil and gas wells, underground pipelines and
transmission lines no longer in use shall be abandoned in
compliance with the State of California Division of Oil and
Gas standards . All remaining functional pipelines shall be
buried no less than 48" below present grade and shall be
identified in easements . Any contaminated soils shall be
11
cleaned, processed or disposed of in accordance with all
local, county, state and federal laws, regulations and
ordinances . In the event the cost for clean-up of the
Property to be dedicated exceeds $20, 000, 000 in the
aggregate, Developer may offer to dedicate, in lieu of
further dedication identified in 2 . 2 . 1(a) 1-7, comparable
property within the Master Planned boundaries of Huntington
Central Park. The value of the comparable alternative
property to be dedicated shall be based on the current value
of low density residential acreage within the Property. A
combination of comparable Central Park property and park
improvement costs of equivalent value may be considered. In
the event the City does not accept the alternative above,
the Developer will be subject to the provisions of the
City' s Park Acquisition and Development Ordinance.
(c) Developer shall be responsible for rough
grading within portions of the Linear Park area adjacent to
Tentative Tract Map 14355 in accordance with the grading
plan approved for such tract and ultimate grading plan for
Linear Park. City shall cooperate in obtaining necessary
permits for grading and storage of fill material if
necessary prior to Linear Park Grading Plan approval .
Developer agrees to cooperate for mutually beneficial rough
grading in other portions of the Linear Park boundary.
(d) Developer shall provide a landscaped buffer
between Linear Park and adjacent development in conjunction
with the standard setback requirement . The buffer will be
shown on each appropriate Tentative Tract Map.
12
(e) Developer will furnish to the City Attorney on
the California Land Title Association (CLTA) form a
Preliminary Title Report for all lands to be dedicated with
full documentation of all exceptions . Dedications of land
shall be in fee simple with Developer reserving oil, gas and
mineral rights below 500 feet, with no right of surface
entry.
(f) Developer shall be entitled to a credit for
35 . 6 acres of parkland dedication.
(g) In the event City exercises its option for
dedication of the 2 . 7 acres under 2. 2 . 1(a) 7) above,
Developer ' s credit shall be increased to 41 . 3 acres . In the
event City exercises its option for dedication of the 4 . 5
acres in 2 . 2 . 1(a) 7) above, Developer' s credit shall be
increased to 43 . 1 acres . The credit is calculated to
include full credit for dedications of six acres adjacent to
Linear Park below the five foot contour; in the event the
City does not exercise the option the Developer receives
only half credit for the six acres .
(h) The parkland dedication credit may be applied
toward other residential developments within the City of
Huntington Beach on property owned by Chevron Corporation or
a wholly-owned subsidiary or affiliate of Chevron
Corporation on the Effective Date of this Agreement, and
excluding APN 23-181-25, APN 23-181-23 , APN 23-181-04 , APN
23-181-27, APN 110-151-16, APN 110-151-15, APN 23-321-01,
APN 23-181-24 , APN 23-181-28 . The parkland credit may be
13
used by Developer or its assignee at any time to the extent
Developer ' s dedication of parkland has been accepted by the
City. In the event Developer has exhausted its credit,
Developer will be subject to the City' s Park Acquisition and
Development Ordinance. Credit may not be applied in
satisfaction of Developer ' s obligation in 2 .2 . 2 below.
(i) The above along with the provision of 2 . 2 . 2 is
intended to satisfy the park and recreation requirements for
the proposed Project. However, additional parkland
dedications and/or in lieu fees may be required, in
compliance with California Government Code Section 66477 and
Huntington Beach Ordinance Code Article 996-B.
2 . 2 . 2 Neighborhood Parks .
(a) Developer shall dedicate twelve (12) acres for
the development of neighborhood parks as identified in
Exhibit "D The surface of all dedicated land shall be
granted in accordance with the provisions of 2 . 2 . 1(b) .
(b) Each park site shall be identified upon the
appropriate tentative tract map, and shall be dedicated upon
recordation of the appropriate final map. Neighborhood park
site location shall be determined through the adoption of
the Holly-Seacliff Specific Plan.
(c) Developer shall construct landscaping and
recreational improvements within each neighborhood park.
Developer is obligated to expend for said improvements a
total of $1, 200, 000, subject to Annual Adjustment .
Improvements to each neighborhood park shall be completed no
14
later than occupancy of one-half of the residential units
within the planning unit, as shown on the Land Use Element
of the Holly-Seacliff General Plan Amendment, in which the
park is located. Developer shall not receive any parkland
or fee credit for the improvements in this subparagraph (c) .
(d) Developer shall be responsible for maintenance
of park landscaping and improvements until such time each
park is accepted by the City. City shall accept dedication
of each park and assume maintenance responsibilities upon
final release of the tract. Maintenance of any park located
in a private community shall be the responsibility of the
Developer or a homeowner' s association for such community.
2 .2 . 3 Public Right of Way and Private Streetscape
Improvements .
(a) Developer shall be responsible for dedication
and improvement of public right of way (including but not
limited to streets, sidewalks, curbs, gutters, street lights
and landscaped medians) as shown in Exhibit "E" in
conjunction with arterial improvements in 2 . 2 .4 (a) .
(b) Developer shall be responsible for
improvements .on the Property of all perimeter streetscapes
and any private pedestrian and public or private equestrian
trails, including but not limited to landscaping, fencing,
walls, sidewalks and signage, to be installed as shown in
Exhibit "E" , in conjunction with arterial improvements .
(c) Developer, property owner ' s association, or
maintenance district shall be responsible for maintenance of
the improvements listed in (b) above.
15
2 . 2 .4 Traffic and Circulation Improvements;
Phasing Plan. The Developer shall be responsible for
mitigation of all traffic and circulation impacts related to
the proposed Project, including those identified in this
Agreement and the EIR 88-2 and EIR 89-1 .
(a) Developer shall be responsible for dedication
(adequate for street and highway purposes) design and
improvement of all arterials (including "Community
Improvements" and cost of necessary right of way acquisition
by City of land not owned by the Developer) as shown in
Exhibits "E" , "F" and "G" . Precise alignment plans for
arterials (in Exhibit "E") shall be submitted within one
hundred twenty (120) days from the Effective Date. All
arterial improvement plans shall be submitted within one
year of the adoption of the precise alignment plans .
Arterial improvements shall be phased as shown and commenced
within one hundred twenty ( 120) days after receipt of
City-approved arterial improvement plans (including
necessary permits) and City acquisition of necessary right
of way not owned by Developer and completed within three (3)
years from commencement.
(b) Plans for local streets will be prepared by
Developer and shown on tentative maps .
(c) Developer shall design and construct at
Developer ' s expense, intersection improvements with traffic
signals in conjunction with all arterial improvements as
16
shown in Exhibits "E" , "F" and "G" . Traffic signals will
include opticom devices .
(d) Developer shall be responsible for
construction and landscaping of all medians as shown on
Exhibits "E" , "F" and "G" in conjunction with all arterial
improvements .
(e) The Transportation Corridor within Planning
Area C shall be maintained to the extent the underlying fee
is owned by Developer per the standards applied to the
Pacific- Ranch Project.
(f) Developer shall be responsible for payment of
a traffic impact fee of $150 . 00 per incremental trip
generated by Project for city-wide transportation system
improvements outside the limits of the Holly-Seacliff
General Plan Amendment as well as those identified in 2 . 2 .4
(h) .
(g) EIR 89-1 includes the following mitigation
measure:
"Prior to the first Specific Plan or Tract Map
approval, a fair share funding program for the construction
for the "Cross-Gap Connector" from Edwards to Bolsa Chica as
a modified secondary arterial and the Seapoint Avenue
extension from Garfield to Pacific Coast Highway should be
determined . In the determination of this fair share funding
program, a credit should be given for the segment of the
"Cross-Gap Connector" and Seapointe Avenue constructed
within the Project boundary. "
17
Developer ' s payment of fees and construction
of the arterial improvements identified in this Section
2 . 2 .4 and in Exhibits "E" , "F" , and "G" , which benefit the
anticipated development within the area commonly referred to
as the "Bolsa Chica Planning Area" will satisfy, based on
the best information available, the above mitigation measure.
If the "Cross-Gap Connector" is not built as
an arterial during the term of this Agreement, Developer
shall be required to pay additional fees to mitigate
resultant city-wide transportation system deficiencies
directly related to the Project which would have been
mitigated by the building of the "Cross-Gap Connector" as
indicated by an approved updated traffic study as adopted by
City Ordinance or Resolution.
(h) Developer shall construct street improvements
for the benefit of the City to the North one-half of Ellis
Street between Edwards and Goldenwest and Edwards from Ellis
to Inlet Drive. In consideration for making such
improvements Developer shall receive a credit against the
traffic impact fee herein for all costs associated with
such improvements, subject to verification by the Director
of Public Works .
(i) Developer shall lower the 42" City water main
in Garfield, east of Edwards and in Edwards, north of
Garfield and re-establish all street improvements in order
to remove the steep grades on both streets approaching the
18
intersection, to be completed in conjunction with arterial
improvements as shown in Exhibit "E" .
(j ) Upon acceptance by City of the improvements
identified in Exhibit "E" , Developer is eligible for
Reimburseable Costs, subject to the provisions in 2 . 2 . 11.
(k) Developer shall dedicate all of Developer ' s
Property within the rights of way of the arterials
identified in Exhibits "E" , "F" and "G" . City agrees to
abandon and vacate to Developer, when alternate routes are
opened for public use, those portions of existing Gothard
Street and Garfield Avenue that are not in conformance with
Exhibit "G" .
(1) The above improvements together with
Developer ' s 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 .
2 . 2 . 5 Water, Sewer, Drainage and Utility
Improvements .
(a) Developer shall construct all sewer lines,
lift stations, and pump facilities, as shown in Exhibit "H" ,
necessary to accommodate Holly-Seacliff total buildout in
accordance with County Sanitation Districts of Orange
County.
Developer shall construct improvements to
existing drainage pump stations and/or sewer lift stations
19
serving Developer ' s Project, including but not limited to
the replacement of the Gothard sewer lift station.
(b) Developer shall complete all drainage
improvements necessary to accommodate the Holly-Seacliff
total buildout in accordance with an approved drainage study.
(c) Any resultant up-sizing in infrastructure
resulting from density transfer will be the responsibility
of the Developer to design and construct .
(d) Developer shall underground all overhead
utilities within the limits of the Project Area (except for
transmission lines) in conjunction with arterial
improvements as shown in Exhibit "E" .
(e) Developer shall construct either that portion
of the Cross-Gap Connector 16" Water Transmission Main, or
its equivalent should the Cross-Gap Connector not be
constructed, within the Project Area in conjunction with
arterial improvements .
(f) Installation of service and distribution lines
for "green acres" reclaimed water project concurrent with
domestic water lines to serve Developer ' s Project .
(g) Upon acceptance by City of the improvements
constructed per 2 . 2 . 5 (a) through (f) , Developer is eligible
to receive Reimburseable Costs, subject to the provisions in
2 .2 . 11 .
(h) In lieu of water system capital facilities
fees, Developer shall construct, on land to be acquired by
City, a nine million gallon water storage reservoir,
20
e
associated booster stations, water well and transmission
lines . The above shall commence within one hundred twenty
( 120) days of such acquisition and City approval of plans .
Project engineering and other related pre-construction
activities shall begin within one hundred eighty (180) days
of the Effective Date. The cost of construction to
Developer shall include design and construction costs and
land acquisition costs . Upon acceptance of these facilities
by the City, the Public Works Director shall verify
Developer ' s actual costs and determine Developer ' s
Reimburseable Costs, subject to the provision in 2 . 2 . 11.
Developer will not be denied any building releases or
building permits due to lack of water services provided by
these facilities .
2 . 2 . 6 Fire and Emergency Medical .
(a) Upon issuance of the first building permit for
the Project, Developer shall commence annual payments to the
City to mitigate the impact of the need to provide paramedic
services to Project . The amount shall be Two Hundred Twenty
Three Thousand Three Hundred Dollars ($223 , 300 . 00) per
annum, subject to Annual Adjustment based only on CPI . Such
payments shall continue until such time as One-Thousand
21
(1, 000) units have received final inspection and approval or
the Property has an increased assessed valuation of
$775, 000, 000 compared to the 1990/91 assessed value of the
property, whichever occurs first.
(b) Developer shall construct, furnish and equip
with fire and medical apparatus, a "Public Safety Facility"
(referred to as the "Talbert Station" in the Fire Protection
Study dated July 1974) . Developer shall be responsible for
costs of Three Million One Hundred Fifty Thousand
($3 , 150, 000) Dollars, subject to Annual Adjustment. The
facility will be constructed on land to be provided by
City. Upon acceptance by City of the improvements in 2 . 2 . 6
(b) , Developer is eligible for Reimburseable Costs .
2 . 2 . 7 Police
(a) Developer shall construct, furnish and equip
with police apparatus, a police substation, as a part of the
"Public Safety Facility" . Developer shall be responsible
for costs of Six Hundred Fifty Four Thousand ($654 , 000)
Dollars, subject to Annual Adjustment . Upon acceptance by
City of the improvements in 2 . 2 . 7 (a) . Developer is
eligible for Reimburseable Costs .
2 . 2 . 8 School Facilities .
(a) Developer agrees to designate an area for a
22
public school site as provided in the California Government
Code, City ordinances and other applicable law. The City
encourages the Developer and the school district to
negotiate in good faith to reach mutual agreement.
2 . 2 . 9 Other Development Controls .
(a) Developer shall maintain a minimum of 100, 000
square feet of Gross Leaseable Area (GLA) of commercial use
within the "Mixed
Development" area .
(b) Developer shall prepare for City consideration
a Holly-Seacliff Specific Plan which outlines design
guidelines and new development standards for the Project
area subject to 2 .4 . 1.
2 .2 . 10 Fees .
(a) Developer shall pay all fees applicable to the
Project as required by Existing Land Use Regulations .
(b) Developer shall pay any increases to existing
fees adopted in the future by the City and applied on a
uniform city-wide basis .
(c) Developer shall pay the proposed "planning
permit processing fee" if adopted by the City.
(d) Developer shall also pay any Police/Fire
operating fee adopted by the City, subject to adjustment to
credit amounts paid pursuant to 2 . 2 . 6(a) .
23
(e) Developer shall pay any increase to the water
service fee subject to the provisions of 2 .2 . 5 (h) herein.
(f) Developer shall pay any new city-wide fee
which is imposed on all property owners, businesses and
residents .
(g) Developer shall pay any new fee which applies
to new development to the extent the fee is reasonably
related to the impacts generated by the Project, and not
otherwise required to be mitigated by Developer. This
provision shall apply only to the extent that the mitigation
measures are related to the impacts. Prior to requiring
Developer to pay any such new fee, City shall provide
Developer with an analysis which documents the purpose of
the fee, the use to which the fee is to be put, and also
documenting a reasonable relationship between the fee to be
paid by Developer and the impacts which are directly
attributable to the Project .
(h) Developer shall pay a traffic impact fee
subject to the provisions of 2 .2 . 4 .
(i) Developer shall pay an Annual Report Review
Fee subject to the provisions in 3 . 1 . 1 .
(j ) Developer ' s obligation to pay the fees or
increases required herein is subject only to those fees that
are legally valid, in accordance with Government Code
sections 66000 et sea. and 54990 .
Upon payment of building fees for individual
projects, those projects shall not be subject to any
subsequent increase to building fees .
24
2 . 2 . 11 Reimbursement Agreements . When in the
performance of this Agreement Developer is eligible for
Reimburseable Costs the following shall apply to any
agreement for reimbursement:
(a) Upon receipt of funds generated by fees or
exactions from other development served by the excess
capacity of public facilities paid for by the Developer, the
City shall reimburse Developer for its verified
Reimburseable Costs;
(b) The Director of Public Works shall at the time
of establishment of the reimbursement agreement verify the
Developer ' s actual costs and determine Reimburseable Costs .
(c) If the Developer disputes either the amount or
percentage of the Reimburseable Costs as determined by the
Director of Public Works, based on review of all pertinent
data, the City Administrator will determine the disputed
item. Any decision of the City Administrator may be
appealed to the City Council;
(d) Reimburseable Costs shall be determined on a
complete buildout of 3 , 780 units and shall not be reduced if
the Developer fails to achieve the maximum build out allowed;
(e) If in the event that the cost of any facility
necessary to serve the Project and the cost necessary to
serve subsequent development (eligible cost) is less than
the total, verified cost of such facility, then City, to the
extent lawful, shall apportion any unrecoverable cost in an
equitable manner between the Developer and any subsequent
developer(s) which is found to benefit from the improvements;
25
(f) The City shall use its best efforts to the
extent allowed by law to obtain for Developer the maximum
Reimburseable Costs available under this Sub-Section from
future development served by any facility, a portion of the
cost of which is reimburseable hereunder . Developer
acknowledges that City is limited in the manner in which it
may collect or require such reimbursement and that City may
be unable to cause Developer to be reimbursed for such costs;
(g) On the anniversary of any reimbursement
agreement, the balance of any amount originally determined
to be reimburseable shall be increased by an Annual
Adjustment based on the ENR index. In no event shall the
amount reimbursed exceed two hundred percent (200%) of the
original amount determined to be reimburseable.
2 .2 . 12 Approval as to Form by City Attorney.
Instruments conveying all dedications shall be subject to
approval as to form by the City Attorney as required by the
City Charter.
2 .3 Development Standards and Schedule.
2 .3 . 1 Permitted Development On and Uses of the
Property. The permitted uses of the Property, the density
and intensity of use, the maximum height, bulk, and size of
proposed buildings, parking requirements, other develoment
and building standards, provisions for reservation or
dedication of land for public purposes, the location and
design of public improvements, and all other terms and
conditions applicable to Development of the Property shall
26
i
be those set forth in City' s Existing Land Use Regulations
and all other terms and conditions set forth in this
Agreement .
2 .3 .2 Timing and Phasing of Development . The
parties acknowledge that Developer cannot at this time
predict precisely when or the rate at which phases of the
Project will be developed. Developer shall have the right,
but not the obligation, to develop the various portions of
the Project on the Property in such order and at such rate
and at such times and such number of units as Developer
deems appropriate. The attached Exhibit "J" is the minimum
development schedule Developer intends to pursue. If
Developer does not build as soon as indicated on Exhibit
"J" , it is understood that the rights held by Developer are
cumulative. Developer may accelerate such schedule to the
extent that the impacts of that portion of the Project to be
accelerated have been mitigated as required in this
Agreement .
2 .3 . 3 Development Exactions . The only Development
Exactions applicable to Development of the Property shall be
those set forth in the Existing Land Use Regulations and
this Agreement. Development Exactions imposed for the
purpose of planning, designing, engineering, constructing,
supervising, inspection, operating, maintaining, repairing
and reconstructing any of the types of improvements,
facilities and services referenced in Section 2 .2 of this
Agreement shall not be increased, except as provided herein.
27
The City shall retain the right to impose reasonable
conditions or mitigation measures on individual development
projects consistent with this Agreement .
2 . 3 .4 Subsequent Land Use Regulations . Except as
specifically set forth in 2 .4 herein, no additional
Subsequent Land Use Regulations shall apply to the
Development of the Property. To the extent that any
Subsequent Land Use Regulations are applied to the
Development of the Property (either pursuant to 2 .4 herein
or as a result of the judicial invalidation of the preceding
sentence on its face or as applied to a particular set of
facts) , then to the maximum extent legally permissible, City
agrees to apply such Subsequent Land Use Regulation in a
manner which shall not conflict with Developer ' s rights as
set forth in this Agreement.
2 . 3 . 5 Financing Infrastructure. To the extent
that financing through special assessments or taxing
districts is legally available to finance the construction
and/or acquisition of any of the public improvements
required to be financed and/or constructed by Developer with
respect to Development of the Property, Developer may apply
to City to form an Assessment District, Community Facilities
District, or similar special district . Such district may
include land other than the Property to the extent permitted
by applicable laws .
28
City shall process the application to form
such a district in accordance with applicable laws . The
City shall not, however, have the obligation to form an
Assessment District, Community Facilities District, or other
similar special district under this Agreement.
2 .4 Amendments to Existing Land Use Regulations .
2 .4 . 1 Mutually Approved Changes . The Parties
acknowledge that during the term of this Agreement either
party may request that the other Party agree to a change to
the Project or Existing Land Use Regulations . In the event
Developer and City determine that a change in the Project or
to any Existing Land Use Regulations is desirable, the
Developer shall file an application with City to effectuate
the desired change in the Project or Existing Land Use
Regulations and City shall process and act on such
application in accordance with the balance of the Existing
Land Use Regulations and exercising its discretion in a
reasonable manner . If approved, any such change to the
Project or the Existing Land Use Regulations shall be
incorporated herein as an addendum to this Agreement .
Not by way of limitation of the foregoing, the
Parties acknowledge that, as of the Effective Date of this
Agreement, Developer is processing with City the Holly
Seacliff Specific Plan, which covers the same geographic
area covered by General Plan Amendment No. 89-1 . If a
mutually agreeable Holly-Seacliff Specific Plan is adopted
and the standards, regulations, requirements or uses set
29
s
forth therein are different than those otherwise set forth
in the Existing Land Use Regulations, the Existing Land Use
Regulations shall be those set forth in the Holly-Seacliff
Specific Plan in addition to those other Existing Land Use
Regulations not modified by the Holly-Seacliff Specific
Plan. The Holly-Seacliff Specific Plan shall be deemed to
be mutually agreeable if it is approved by the City and the
Developer sends a written notice to the .City that the
Specific Plan is agreeable to Developer for purposes of
becoming Existing Land Use Regulations under this Agreement .
2 .4 . 2 Conflict with State or Federal Laws . In the
event that any State or Federal law, rule, or regulation
enacted after the Effective Date of this Agreement prevents
or precludes compliance with any of the Existing Land Use
Regulations, as the same may be revised from time to time in
accordance with this Agreement, such portion of the Existing
Land Use Regulations shall be modified or suspended as may
be necessary to comply with such State or Federal law, rule,
or regulation; provided, however, that the balance of the
Existing Land Use Regulations shall remain in full force and
effect to the extent they are not inconsistent with such
law, rule, or regulation and to the extent such law, rule,
and regulation does not render such remaining provisions
impractical to enforce.
Any Party which determines that it cannot perform any
act authorized or required by this Agreement due to a
conflict described in this Section 2 .4 .2 shall, within sixty
30
t
(60) days of making such determination, provide all other
Parties with written notice of such State or Federal law,
rule, or regulation and a statement of the conflict with the
provisions of this Agreement . The Parties shall, within
thirty (30) days after receipt of such notice, meet and
confer in good faith in a reasonable attempt to modify this
Agreement to comply with such law, rule, or regulation.
Within a reasonable time thereafter, regardless of whether
the Parties reach an agreement on the effect of such law,
rule, or regulation upon this Agreement, the matter shall be
scheduled for hearing before the City Council . Notice of
such hearing shall be given pursuant to Section 65090 of the
Government Code.
2 .4 . 3 Uniform Codes . Notwithstanding any other
provision of this Agreement to the contrary, Developer shall
comply with all adopted development and building standards
set forth in the Uniform Building Code, Uniform Mechanical
Code, National Electrical Code, Uniform Plumbing Code,
Uniform Fire Code, and other similar state-mandated Uniform
Codes in effect at the time Development occurs and which
would otherwise be applicable to such Development in the
absence of this Agreement .
2 .4 .4 Emergency Situations . Notwithstanding any
other provision of this Agreement to the contrary, City
shall have the right to modify or suspend Developer ' s right
to proceed with Development in accordance with the Existing
Land Use Regulations if necessary to protect against an
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immediate and serious threat to the public health or
safety. In such event, the modification or suspension of
this Agreement shall be limited to the least restrictive
measures necessary to prevent or alleviate the danger to
public health and safety. Prior to any modification and
during any suspension, in the event Developer disputes the
necessity for such action, upon notice from Developer, The
City Council shall first be required to: (i) conduct a
noticed public hearing as soon as allowed under existing
regulations, at which Developer shall be given an
opportunity to submit oral and written evidence, (ii) adopt
a resolution of need and necessity, and (iii) set forth in
such resolution detailed findings of fact supporting the
City Council ' s determination. In the event of a dispute
between the parties regarding any such resolution, Developer
shall have the right to challenge the resolution through the
procedure provided in Section 3 .4 herein. The resolution
shall be reviewable pursuant to Code of Civil Procedure
Section 1094 . 5, and shall be supported by a preponderance of
the evidence and shall be subject to the "independent
judgment" standard of review relating to fundamental vested
rights .
2 . 5 Processing of Development Approvals .
2 . 5 . 1 Applications . City agrees to accept for
processing and review all applications for Development
Approvals in accordance with Existing Land Use Regulations
and this Agreement. City agrees that no subsequent or
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supplemental environmental impact report shall be required
for any Development Approval unless the anticipated
environmental impacts related to any proposed project
exceeds the level of impact identified in the environmental
impact reports listed in Existing Land Use Regulations as
required by law (Public Resources Code Section 21166;
California Code of Regulation, Title 14 , Sections
15162-15164) . Such project may require additional
environmental review and mitigation measures .
In the event any of City' s Existing Land Use
Regulations are inconsistent with the General Plan, are
non-specific or permit City to exercise discretion in
establishing specific standards or requirements, the City
shall exercise such discretion in a manner consistent with
the intent of this Agreement and Developer ' s vested rights
hereunder.
Further in the event of any conflict or
inconsistency between the specific standards and
requirements set forth in this Agreement and the Existing
Land Use Regulations, the provisions of this Agreement shall
prevail and govern.
2 . 6 Cooperation in Securing Approvals . City agrees to
cooperate with Developer in securing all permits, licenses,
approvals, or consents which may be required by City or
other agencies having jurisdiction over Development of the
Project on the Property. Developer will reimburse to the
City its out-of-pocket costs, if any, occasioned in
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f
compliance with this sub-section to the extent not
anticipated or otherwise included in fees paid by Developer .
Section 3. Periodic Review of Developer's Compliance with
Agreement; Default; Remedies; Termination.
3 . 1 Periodic Review
3 . 1 . 1 Annual Monitoring Report .
The Director of Community Development shall review
this Agreement annually, on or before the anniversary of the
Effective Date, in order to ascertain the good faith
compliance by Developer with the terms of the Agreement .
Developer shall submit an Annual Monitoring Report thirty
(30) days prior to the anniversary date to the Director of
Community Development . The Annual Monitoring Report shall
be in a form reasonably acceptable to the Director of
Community Development and shall be accompanied by an annual
review and administration fee sufficient to defray the costs
of review and administration of this Agreement. The amount
of the annual review and administration fee shall be set by
City but shall not exceed the reasonable costs incurred by
City in review and administration of the Agreement .
3 . 1 . 2 Procedure for Review of Annual Monitoring
Report
Upon completion of a periodic review, the Director
of Community Development shall submit a report to the City
Council setting forth the evidence concerning good faith
compliance by Developer with the terms of this Agreement and
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his or her recommended finding on that issue. This report
shall be made available for public review. The City Council
may conduct a public hearing, after proper notice, for the
purpose of reviewing this Annual Report. If the City
Council finds on the basis of substantial evidence that
Developer has complied in good faith with the terms and
conditions of this Agreement, the review shall be
concluded. If the City Council makes a preliminary finding
that Developer has not complied in good faith with the terms
and conditions of this Agreement as to any portion of the
Property, the City Council may modify or terminate this
Agreement with respect to the portion of the Property as to
which a default exists, as provided in Sections 3 . 1 .3-3 . 1.4
and 3 . 2 .
3 . 1 . 3 Proceedings Upon Modification or
Termination.
If, upon a preliminary finding under Section 3 . 1.2,
City determines to proceed with modification or termination
of this Agreement, City shall give written notice to
Developer of such intention. The notice shall be given at
least thirty (30) calendar days prior to the scheduled
hearing and shall contain:
(a) The time and place of the hearing;
(b) A statement that City is considering possible
termination or modification of the Agreement and the nature
of any proposed modification; and
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(c) Such other information as is reasonably
necessary to inform Developer of the nature of the
proceeding .
3 . 1.4 Hearing on Modification or Termination.
At the time and place set for the hearing on
modification or termination, Developer shall be given an
opportunity to present oral and written testimony. If the
City Council finds, based upon a preponderance of the
evidence, that Developer has not complied in good faith with
the terms and conditions of the Agreement as to any portion
of the Property covered by the hearing notice, and that
Developer has not commenced or diligently proceeded to cure
such default within the time period set forth in Section 3 .2
herein, the City Council may terminate or modify this
Agreement with respect to the portion of the Property as to
which the default exists . The decision of the City Council
shall be final, subject to Developer ' s right to challenge
such decision through the procedure provided in Section 3 .4
herein or, if such procedure is unavailable for
jurisdictional reasons, by appropriate judicial proceedings .
3 . 1 . 5 Certificate of Agreement Compliance.
If at the conclusion of a periodic review the City
Council finds Developer to be in compliance with this
Agreement, City shall, upon request by Developer, issue a
Certificate of Agreement Compliance ( "Certificate" ) to
Developer stating that after the most recent periodic review
and based upon the information known or made known to the
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Director of Community Development and City Council that (1)
this Agreement remains in effect and (2) Developer is not in
default. The Certificate shall be in recordable form and
shall contain information necessary to communicate
constructive record notice of the finding of compliance.
Developer may record the certificate with the County
Recorder.
3 . 1. 6 Separate Proceedings in Event of Partial
Assignment or Transfer. Subsequent to a sale, assignment,
or transfer by Developer of its interest in any portion of
the Property, City shall conduct the periodic review called
for in this Section 3 . 1 separately with respect to each
separate ownership within the Property and, to the extent
that the City Council finds a particular owner to be in
compliance with this Agreement with respect to the portion
of the Property owned by such owner, City shall issue a
separate Certificate to such owner in accordance with
Section 3 . 1 . 5 .
3 . 2 Defaults--General . Subject to extensions of time
by mutual consent in writing or as set forth in Section 4 . 14
herein, failure or delay by a Party to perform any term or
provision of this Agreement shall constitute a default under
this Agreement . In the event of an alleged default or
breach of any terms or conditions of this Agreement, the
Party alleging such default or breach shall give the Party
allegedly in default not less than thirty (30) days notice
in writing specifying the nature of the alleged default and
37
the manner in which said default may be satisfactorily
cured. During any such 30-day period, the Party charged
shall not be considered in default. If the nature of the
default in question is such that it cannot reasonably be
cured within such 30-day period, the commencement of the
cure within such time period and the diligent prosecution to
completion of the cure shall be deemed a cure within such
period. During the cure period, the non-defaulting party
shall not be permitted to pursue any legal or equitable
remedy against the defaulting party except to the extent
necessary to protect against irreparable injury. The City
cannot be held liable for monetary damages in the event that
the City defaults or breaches the Agreement.
3 . 3 Termination. In addition to termination
proceedings conducted pursuant to City' s regularly scheduled
periodic review of this Agreement, as described in Section
3 . 1 herein, City may terminate this Agreement with respect
to any portion of the Property as to which a material
default exists and is not cured within the time period set
forth in Section 3 .2 herein. Any such termination
proceedings by City shall comply with the notice and hearing
requirements set forth in Sections 3 . 1 .3 and 3 . 1.4 herein
and shall be reviewable as provided in Section 3 . 1 .4 .
3 .4 Resolution of Disputes . Except as specifically set
forth in Section 3 . 5 . 1 herein, any and all disputes between
the Parties hereto regarding the construction, operation, or
38
enforcement of this Agreement, and any of the rights or
obligations granted or imposed by this Agreement, shall be
submitted only to a retired Judge of the Superior Court in
and for the State of California (hereinafter "Superior
Court" ) in the following manner:
(i) The Parties must agree on the Judge' s
identity within five (5) days after the
dispute arises or, at the end of the fifth
day, the Parties ' respective counsel shall
be authorized to agree upon the Judge ' s
identity and bind their clients . Failure
to cooperate in this selection process
waives the uncooperative Party' s right to
participate in the selection process, or
object to the Judge selected.
(ii) Disputed matters shall be promptly
submitted to the Judge in a manner
determined by him/her following his/her
selection. Once a matter is submitted to
the Judge, s/he is empowered with the full
authority of a judge sitting on the bench
of the Superior Court, and may make any
ruling consistent with that power. In
order to implement this provision, the
Parties, by executing this Agreement, agree
to execute and file with the Superior
39
Court, such papers as are appropriate to
procure the appointment of said Judge as a
Judge Pro-Tempore of the Superior Court .
The Judge may make any order s/he feels is
appropriate regarding which Party or
Parties should pay for the fees and costs
of the Judge.
(iv) Except as specifically set forth in Section
3 . 5 . 1 herein, the rights of judicial review
granted under this Section 3 .4 are the only
rights of judicial review that are
available to the Parties hereto . It is
their intention that all of the disputes
arising out of, or related to, their
execution of this Agreement, or the rights
or responsibilities granted or imposed by
this Agreement, be resolved exclusively in
the manner provided for in this Section 3 .4
and its subparts . Consistent with this
intention, the Parties, by executing this
Agreement, specifically acknowledge that
the decisions and orders of the Judge are
nonappealable and nonreviewable, and,
therefore, they are waiving their rights to
seek relief in the State or Federal Courts,
except for the purpose of securing and
confirming the authority of the Judge
40
provided for herein, and to enforce his/her
decisions and orders by confirmation
pursuant to California Code of Civil
Procedure Section 1280 et sec . , or through
appropriate injunctive relief In the event
that a Party files any action inconsistent
with the terms of this Section 3 .4 , then
the Party filing the action will be liable
for all fees and costs other than
attorney' s fees actually incurred by the
other Party in responding to said action,
regardless of its outcome.
(v) The limitations on actions set forth in
this Section 3 .4 apply only to actions
between the Parties hereto. They are not
intended to and do not limit the Parties '
right to bring an action against third
parties . Furthermore, no third party shall
be entitled to rely on any provision of
this Section 3 .4 in their response or
defense to an action brought against them
by a Party(s) to this Agreement .
(vi) No money damages shall lie against any
party to this Agreement .
3 . 5 Cumulative Remedies . Subject to Section 3 .4 and to
the extent that any remedy specifically described in this
Section 3 . 5 is unavailable through the procedures set forth
41
therein, each of the Parties hereto may pursue any remedy at
law or equity available for the breach of any provision of
this Agreement . No Party shall be entitled to recover
damages for any default, to enforce any covenant or
agreement herein, but may obtain appropriate relief
enjoining any threatened or attempted violation of this
Agreement, declaratory relief, specific performance, and
relief in the nature of mandamus . All of the remedies
described above shall be cumulative and not exclusive of one
another, and the exercise of any one or more of the remedies
shall not constitute a waiver or election with respect to
any other available remedy. In the event litigation is
filed to obtain any such remedy consistent with Section 3 .4 ,
such litigation must be instituted and prosecuted in the
Superior Court of the County of Orange, State of California,
in an appropriate municipal court in that county, or in the
United States District Court for the Central District of
California.
3 . 5 . 1 Inaction Not a Waiver of Default . Any
failure or delay by a party in asserting any of its rights
and remedies as to any default shall not operate as a waiver
of any default or of any such rights or remedies, or deprive
such party of its right to institute and maintain any
actions or proceedings which it may deem necessary to
protect, assert, or enforce any such rights or remedies .
3 . 6 No Cross-Defaults . Subsequent to a sale,
assignment, or transfer by Developer of its interest in any
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R
t i
portion of the Property, no default by Developer (including
any subsequent assignee of Developer) as to any other
portion of the Property shall be deemed a default by the
assignee (including any subsequent assignee of such
assignee) with respect to the portion of the Property so
sold, assigned, or transferred, and no default by the
assignee (including any subsequent assignee of such
assignee) with respect to the portion of the Property so
sold, assigned, or transferred shall be deemed a default
hereunder as to any other portion of the Property.
Effective upon such sale, assignment, or transfer, the
obligations of Developer shall become several and not
joint. Non-compliance by Developer or any assignee of
Developer shall not be grounds for termination or
modification of this Agreement with respect to any other
portion of the Property not in default, and shall not
constitute cause for City to initiate enforcement action
against other persons or entities owning any other portion
of the Property.
Notwithstanding the foregoing, Developer
acknowledges that to the extent a default with respect to
one portion of the Property prevents the development of any
other portion of the Property from proceeding without posing
a material threat to public health or safety (such as would
be the case, for example, if the default prevented
completion of a water or sewer line needed by the other
development) , City shall retain the right to prevent
43
S
development of the non-defaulting portion of the Property
from proceeding until the threat to public health or safety
has been removed. In this regard, City agrees to cooperate
with any non-defaulting owner to minimize the period of the
delay and to exercise reasonable diligence to enforce City' s
rights under this Agreement and any applicable Development
Approvals applicable to the defaulting portion of the
Property to allow development of the non-defaulting portion
of the Property to proceed on a timely basis .
3 . 7 Termination in Event of Judicial Invalidation. If
the final judgment of a court of competent jurisdiction
determines that this Agreement is invalid, then neither City
nor Developer shall have any further rights or obligations
hereunder as of the date the judgment becomes final . A
judgment shall not be deemed "final" until all appellate
review has been completed or the time for seeking appellate
review has passed without any review having been sought .
3 . 8 Restitution. If City terminates this
Agreement without just cause and Developer is unable to
compel enforcement through any judicial or other remedies it
may be entitled to, Developer may be reimbursed by City
subject to the provisions in 2 . 2 . 11, for any portion of the
costs of any improvements constructed by Developer under
this Agreement not otherwise necessary to serve the
development . In addition, City shall re-convey parklands
dedicated in excess of statutory requirements .
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Section 4 . General Provisions.
4 . 1 Indemnification, Defense, Hold Harmless . Until
such time as the public improvements required by this
Agreement to be constructed have been completed and accepted
by City, Developer agrees to protect, defend, indemnify and
hold and save harmless City, its officers, and employees
against any and all liability, claims, judgments, costs and
demands, however caused, including those resulting from
death or injury to employees of Developer and Developer ' s
subcontractors and damage to Developer ' s property, arising
directly or indirectly out of the operations herein
undertaken by Developer, including those arising from the
passive concurrent negligence of City, but save and except
those which arise out of the active concurrent negligence,
sole negligence, or the willful misconduct of City.
Developer will conduct all defense at its sole cost and
expense.
4 . 2 Assignment . Upon dedication of all the real
property to be dedicated herein and upon completion and
acceptance by City of all of the public improvements to be
made herein, Developer shall have the right to sell, assign,
or transfer the Property in whole or in part, to any person,
partnership, joint venture, firm, or corporation upon
completion of all improvements and obligations identified in
45
2 . 2 . 1 through 2 . 2 . 7, at any time during the term of this
Agreement without obtaining City' s approval . In the event
of such a sale, assignment, or transfer, the seller,
assignor, or transferor shall have no further obligations
arising out of any acts, omissions, or events occurring
subsequent to the effective date of the transfer. Prior to
making the dedications and improvements required herein,
Developer may sell, assign or transfer the Property in whole
or in part with the consent of the City, such consent not to
be unreasonably withheld. City' s consent will not be
required if such assignment is made to an affiliate of
Developer. Any purchaser, assignee, or transferee shall
have all of the rights, duties, and obligations arising
under this Agreement insofar as such rights, duties, and
obligations are applicable to the Property or portion
thereof purchased, assigned, or transferred.
4 .3 Encumbrances of the Property; Rights of
Mortgagees . The Parties hereto agree that this Agreement
shall not prevent or limit Developer, in any manner, at
Developer ' s sole discretion, from encumbering the Property,
or any part thereof or any improvement thereon, by any
Mortgage. City acknowledges that Mortgagees may require
certain Agreement interpretations and modifications and
agrees upon request from time to time, to meet with
Developer and representatives of such Mortgagees to
negotiate in good faith any such request for interpretation
or modification. City will not unreasonably withhold its
46
consent to any such requested interpretation or
modification. Any Mortgagee of the Property shall be
entitled to the following rights and privileges :
(a) Neither entering into this Agreement nor a
breach of this Agreement shall defeat, render invalid,
diminish, or impair the lien of any Mortgage made in good
faith and for value, unless otherwise required by law.
(b) Any Mortgagee which has submitted a request in
writing to City in the manner specified herein for giving
notices shall be entitled to receive written notification
from City of any default by Developer in the performance of
Developer ' s obligations under this Agreement .
(c) If City timely receives a request from a
Mortgagee requesting a copy of any notice of default given
to Developer under the terms of this Agreement, City shall
provide a copy of that notice to the Mortgagee within ten
(10) days of sending the notice of default to Developer .
The Mortgagee shall have the right, but not the obligation,
to cure the default during the remaining cure period allowed
such party under this Agreement .
(d) Any Mortgagee who comes into possession of the
Property, or any part thereof, pursuant to foreclosure of
the Mortgage, or deed in lieu of such foreclosure, shall
take the Property, or part thereof, subject to the terms of
this Agreement . Notwithstanding any other provision of this
Agreement to the contrary, no Mortgagee shall have an
obligation or duty under this Agreement to perform any of
47
Developer ' s obligations or other affirmative covenants of
Developer hereunder, or to guarantee such performance;
provided, however, that to the extent that any covenant to
be performed by Developer is a condition precedent to the
performance of a covenant by City, the performance thereof
shall continue to be a condition precedent to City' s
performance hereunder.
4 .4 No Third Party Beneficiaries . This agreement is
made and entered into for the sole protection and benefit of
the Parties and their respective successors and assigns . No
person not a Party hereunder shall have any right of action
based upon any provision in this Agreement.
4 . 5 Term. Subject to the last paragraph of Section
2 .42 herein, the term of this Agreement shall commence upon
the Effective Date and, unless modified or extended pursuant
to the provisions set forth her.ein, shall expire upon the
earliest of the following dates :
(i) Fifteen (15.) years after the Effective Date; or
(ii) As to any separate legal lot, parcel, or unit
within the Property, upon completion of Development with
respect to said lot, parcel, or unit in accordance with this
Agreement and the issuance by City of all required occupancy
permits or final inspection approvals; or
(iii) As to any separate legal residential lot,
parcel, or unit within the Property, upon the sale or lease
(for a period not less than one (1) year) to the ultimate
purchaser, occupant, or user thereof; provided, however, the
48
benefits of this Agreement shall continue to run as to any
such lot, parcel, or unit until the time set forth in
subparagraph (i) or (ii) herein, whichever is earlier; or
(iv) As to any portion of the Property as to which
a material default exists and is not timely cured, on such
earlier date that this Agreement may be terminated with
respect thereto in accordance with Sections 3 . 1-3 . 3 herein.
Any such expiration or termination shall be effective
without the execution or recordation of any further document
or instrument and, at the time of such expiration or
termination, the Property or portion thereof shall be
released from and no longer subject to, or burdened by, the
provisions of this Agreement . In addition, upon the
expiration or termination of this Agreement for any reason
as to the Property or any portion thereof, City and
Developer agree to cooperate and execute any document
reasonably requested by the other party to remove this
Agreement of record as to the Property or applicable portion
thereof .
Termination of this Agreement shall not result in a
termination of any Development Approvals applicable to the
Property or portion thereof .
4 .,6 Covenants . The provisions of this Agreement shall
constitute covenants which shall run with the land
comprising the Property and, subject to Sections 4 . 3 and
4 . 5(iii) herein, the benefits and burdens hereof shall bind
and inure to all successors in interest to Developer and
City.
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4 . 7 Project as a Private Undertaking. It is
specifically understood and agreed by and between the
Parties hereto that the Project is a private development,
that neither Party is acting as the agent of the other in
any respect hereunder, and that each Party is an independent
contracting entity with respect to the terms, covenants, and
conditions contained in this Agreement. No partnership,
joint venture, or other association of any kind is formed by
this Agreement. The only relationship between City and
Developer is that of a government entity regulating the
development of private property and the owner of such
private property.
4 . 8 Consent. Except as otherwise expressly set forth
herein, where the consent or approval of a Party is required
or necessary under this Agreement, such consent or approval
shall not be unreasonably withheld, conditioned, or
delayed. In the event of a dispute between or among any of
the Parties regarding the failure or refusal of a Party to
provide a consent or approval, or with respect to the
conditions to the granting of such consent or approval, the
dispute shall be resolved in accordance with the procedures
set forth in Section 3 .4 herein.
4 . 9 Covenant of Good Faith and Fair Dealing . Neither
Party shall do anything which shall have the effect of
harming or injuring the right of the other Party to receive
the benefits of this Agreement; each Party shall refrain
from doing anything which would render its performance under '
50
this Agreement impossible; and each Party shall do
everything which this Agreement contemplates that such Party
shall do to accomplish the objectives and purposes of this
Agreement.
4 . 10 Cooperation; Execution of Documents ; Estoppel
Certificates . Each Party shall execute and deliver to the
other all such other further instruments and documents as
may be necessary to carry out this Agreement in order to
provide and secure to the other Party the full and complete
enjoyment of its rights and privileges hereunder, to carry
out the intent and fulfill the provisions of this Agreement,
and to evidence or consummate the transactions contemplated
by this Agreement .
Not by way of limitation of the foregoing, each
Party shall certify, without charge at any time and from
time to time within fifteen(15) days of the receipt of the
request of any other Party or Mortgagee, by instrument duly
executed and acknowledged; (i) that this Agreement is
unmodified and in full force and effect, or if there have
been any modifications, that the same are in full force and
effect as modified and stating the modifications; (ii)
whether or not, to the best of the responding Party' s
knowledge, any defaults exist under this Agreement or would
exist with the giving of notice and/or the passage of time,
and, if any such defaults are alleged to exist, the nature
thereof; (iii) whether or not there are any existing setoffs
or defenses against the enforcement of any of the
51
agreements, terms, covenants, or conditions set forth herein
or any modifications hereof upon the part of any Party to be
performed or complied with and, if so, specifying the same;
and (iv) such other matters as may reasonably be requested.
Any such certificate may be relied upon by and Party or
Mortgagee to whom the certificate is directed. However, no
Party shall be estopped thereafter from asserting that a
default has occurred, if at the time of making of the
aforesaid certificate, such Party had no knowledge of such
default .
4 . 11 Cooperation in the Event of Legal Challenge. In
the event of any legal action instituted by any third party,
including any other governmental entity or official,
challenging the validity or enforceability of any provision
of this Agreement, or any Development Approval granted
pursuant to this Agreement, or any other action by either
Party in performing hereunder, the Parties hereby agree to
cooperate fully with each other in defending said action;
provided, however, that each Party shall bear its own costs
and legal expenses in defending such action.
4 . 12 Amendments and Waivers . This Agreement may be
amended from time to time by mutual consent of City and
Developer in accordance with the provisions of Government
Code Sections 65867, 65867 . 5, and 65868, including any
applicable requirements for notice and public hearing.
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All waivers of the provisions of this Agreement
shall be in writing and signed by the appropriate
authorities of City and Developer, and all amendments hereto
must be in writing and signed by the appropriate authorities
of City and Developer.
This Agreement may be amended with respect to any
separate legal parcel within the Property without the
consent or approval of the owner of any other portion of the
Property so long as such amendment does not in any way
impair the rights or increase the obligations of the other
owner(s) hereunder.
4 . 13 Time of Essence. Time is of the essence in the
performance of the provisions of this Agreement as to which
time is an element .
4 . 14 Enforced Delay; Extension of Times of
Performance. In addition to specific provisions of this
Agreement, performance by either party hereunder shall not
be deemed to be in default, and all performance and other
dates specified in this Agreement shall be extended, where
delays or defaults are due to any causes beyond the
reasonable control and without the fault of the party
claiming an extension of time to perform. An extension of
time for any such cause shall be for the period of the
enforced delay only and shall commence to run from the
commencement of the cause, and shall commence upon notice by
the party claiming such extension, which shall be delivered
within thirty (30) days after commencement of the cause, and
53
i
shall commence upon notice by the party claiming such
extension, which shall be delivered within thirty (30) days
after commencement of the cause. If a referendum petition
challenging the enabling ordinance for this Agreement is
filed, performance by either party hereunder shall be
suspended until the matter is resolved.
4 . 15 Severability. If any term, provision, covenant,
or condition of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or
unenforceable, the remainder of this Agreement shall not be
affected thereby to the extent such remaining provisions are
not rendered impractical to perform taking into
consideration the purposes of this Agreement . In the event
that all or any portion of this Agreement is found to be
unenforceable, this Agreement or that portion which is found
to be unenforceable shall be deemed to be a statement of
intention by the Parties; and the Parties further agree that
in such event, and to the maximum extent permitted by law,
they shall take all steps necessary to comply with such
public hearings and/or notice requirements as may be
necessary in order to remedy the defect which ` resulted in
this Agreement or portion thereof being found to be
unenforceable.
4 . 16 Notices . Any notice or communication hereunder
between City and Developer shall be in writing, and may be
given either personally or by certified mail, postage
prepaid, return receipt requested. A notice shall be
54
effective on the date delivered in person or, if delivered
by certified mail, on the date when the postal authorities
indicate that the mailing is delivered to the address of the
receiving party. Such notices or communications shall be
given to the Parties at their addresses set forth below:
If to City: City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: Community Development Dept .
Director of Community Development
Copy to: City Attorney
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
If to Developer: Garfield Partners
c/o Urban West Communities
520 Broadway, Suite 100
Santa Monica, CA 90401
Attn: President .
Pacific Coast Homes
2120 Main Street, Suite 260
Huntington Beach, CA 92648
Attn: President
Copy to: Pacific Coast Homes
2120 Main Street, Suite 260
Huntington Beach, CA 92648
Attn: General Counsel
Any party hereto may at any time, by giving ten ( 10) days
written notice to the other party hereto, designate any
other address in substitution of the address to which such
notice or communication shall be given.
4 . 17 Interpretation and Governing Law. This Agreement
and any dispute arising hereunder shall be governed and
interpreted in accordance with the - laws of the State of
California. This Agreement shall be construed as a whole
55
according to its fair language and common meaning to achieve
the objectives and purposes of the Parties hereto, and the
rule of construction to the effect that ambiguities are to
be resolved against the drafting party shall not be employed
in interpreting this Agreement, all Parties having been
represented by counsel in the negotiation and preparation
hereof .
4 . 18 Compliance with City' s Procedures . Developer will
observe City' s building and safety requirements in
construction of facilities to be furnished City under this
Agreement. Developer will assure competitive bidding of
such facilities by a method acceptable to the Director of
Public Works .
5 . 0 Authority to Execute.
5 . 1 City Authority. By the execution hereof, City
confirms and acknowledges that City, acting through its City
Council and the City Planning Commission, have compiled in
full with the requirements of Section 65867 of the
Government Code for public hearings and the giving of notice
of intention to consider adoption of this Agreement, and
that this Agreement has been approved by ordinance as
required by Section 65867 . 5 of the Government Code. City
warrants and represents that City has given all notices,
held all hearings, and complied with all other procedures
required to make this a valid agreement.
56
5 . 2 Developer Authority. The persons executing this
Agreement on behalf of Developer warrant and represent that
they have the authority to execute this Agreement and
represent that they have the authority to bind Developer to
the performance of its obligations hereunder .
5 . 3 Recordation. Within ten (10) days after the
Effective Date of this Agreement, City shall cause a copy of
this Agreement to be executed and recorded against the
Property, in accordance with Government Code Section 65868 . 5 .
Entire Agreement. This Agreement sets forth and
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
On this day of
a Notary Public in and for said County and state 19 70 before me,
ys , known to me to be the permayor
appeared
a
of the City of Huntington Beach, the municipal corporationk
the within instrument, known to me to be the that executed
pthe
within instrument on behalf of said municipal corporation eanduacknowledged
to me that such municipal corporation executed the same,
CC>>`�RI E A. UOCKWAY
'JOYARr P'.18L'C • CALN' ORNrA
�
GRANG-- C,jUPdT!
MY COMM. expires NOV 15, 1993
State of California ) '
County of orange ), ss .
n this day of �% J2-L��' in the year
before me, the undersigned, a Nota y Public in and for
said State, personally appeared
personally known to me ( f r
"t--i-&f-aztom ev ) t o be the '
instrument as �f Person who executed this
Of the City of Hunti gton Beach and acknowledged to me
that the City of Huntington Beach executed said instrument.
�
WITNESS i s��l. my hand and official seal
LAUR�A A. NELSON
Noiai Pub;lC - Caiff'Drnia
ORANGE COUNTY
;...,
Afly COMM. exp.July 8, 199I .
`Notary Public in
-------------------_ and for said S t a t e
5 .2 Developer Authority. The persons executing this
Agreement on behalf of Developer warrant and represent that
they have the authority to execute this Agreement and
represent that they have the authority to bind Developer to
the performance of its obligations hereunder .
5 .3 Recordation. Within ten (10) days after the
Effective Date of this Agreement, City shall cause a copy of
this Agreement to be executed and recorded against the
Property, in accordance with Government Code Section 65868 . 5 .
5.4 Entire Agreement. This Agreement sets forth and
, contains the entire understanding and agreement of the
1 Parties, and there are no oral or written representations,
understandings, or ancillary covenants, undertakings,g . or
agreements which are not contained or expressly referred to
E '
herein. No testimony or evidence of any such
representations, understandings, or covenants shall be
admissible in any proceeding of any kind or nature to
interpret or determine the terms or conditions of this
Agreement.
i
i ATTEST: CITY OF HUNTINGTON BEACH,
a muni ' pal corporation
Its : City Clerk Its . Mayor
APPROVED.- AS TO FORM:
By: =::L1 a�---
Its : City Attorney
i6 -�5-90
7_1/'o
57
INITIATED AND APPROVED: REVIEWED AND APPROVED:
By: I� �n Zt ,� ��1� A ' B
Its : Director of Its.. City Administrator
Community Development
PACIFIC COAST HOMES,
a California corporation
By:
Its : President, Roger Work
By:
Its : Vice-President , William D. Holman
B y: f":�' ri�l� y
Its : selrr per AJ Clark
Ash easu er
GARFIELD PARTNERS, a California
general partnership
By: UWC-Peninsula I , a
California limited partnership,
General Partner
By: UWC Development Corporation,
a California corporation
By: qfz__S_ '
Its_ resident
Stephen D. .Gunther
PACIFIC COAST HOMES,
a California c oration,
General Pa n r
By:
Its : sident,. Roger Work
By.
Its:
st. Secretary,
sst. Treasurer ,
A. J. Clark
58
J
STATE OF CALIFORNIA )
ss.
COUNTY OF - LOS ANGELE�_ )
On this / 5' day of 1990, before me, the
undersigned, a Notary Public in and for said State,
personally appeared 5,P4f-,ti 0- personally
known to me
eu.1deneel to be the p2 L5,/, E6., of UWC-Peninsula I, the
limited partnership that executed the within instrument, and
known to me to be the person who executed the within
instrument on behalf of said partnership, said partnership
being known to me to be one of the partners of GARFIELD
PARTNERS, a general partnership, the partnership that
executed the within instrument, and acknowledged to me that
such partnership executed the same. _
OFFICIAL SEAL
WITNESS my hand and official seal. : `" SAf IUE MC KINNIE
NOTARY PUBLIC - CALIFORNIA
LOS NGELES COUNTY
My comm. expires DEC 20, 1991
�Lota�ryPublic
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this 5 ` day of �ti�e �e� 1990, before me, the
undersigned, a Notary Public in and for said State,
personally appeared R. ')- wo P_K 11 personally
known to me (or proved to me on the basis of satisfactory
evidence) to be the l kE_51.0e_V_r of Pacific Coast Homes,
the corporation that executed the within instrument, and
known to me to be the person who executed the within
instrument on behalf of said corporation, said corporation
being known to me to be one of the partners of GARFIELD
PARTNERS, a general partnership, the partnership that
executed the within instrument, and acknowledged to me that
such partnership executed the same.
WITNESS my hand and official seal.
Pift-Caffonc Notary ',Pulol is
COUNTY
Expires
13, 1993
-59-
8/21/90
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On November 7, 1990, before me,the undersigned, a Notary Public in and
for said State, personally appeared A. J. CLARK, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the persons who executed the
within instrument as the Assistant Secretary and Assistant Treasurer, respectively, on
behalf of PACIFIC COAST HOMES, the corporation therein named, and
acknowledged to me that such corporation executed the within instrument
pursuant to its bylaws or a resolution of its board of directors.
WITNESS my hand and official seal.
SM
w�rr•M
NDWV
Ca�tornio 7
Calf y o�
My Cpmrfton Expires
S9ptwitm 13. 1993 Notary Public in and for said State
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE
On November 7, 1990, before me,the undersigned, a Notary Public in and
for said State, personally appeared A. J. CLARK, known to me to be the Assistant
Secretary and Assistant Treasurer of PACIFIC COAST HOMES, the corporation that
executed the within instrument and personally known to me or proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to the
within instrument on behalf of said corporation, said corporation being known to
me to be a General Partner of GARFIELD PARTNERS, the California general
partnership that executed the within instrument and acknowledged to me that said
corporation executed the same pursuant to its bylaws or a resolution of its Board of
Directors as a General Partner of GARFIELD PARTNERS, a California general
partnership, and acknowledged that such general partnership executed the same.
WITNESS my hand and official seal.
NOM
• � S 1. SACI
G �r�
ORANGE CO is
My Comrfton Expires Notary Public in and for said State
September 13, 1993
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On November 5, 1990, before me, the undersigned, a Notary Public in and
for said State, personally appeared R. J. WORK and W. D. HOLMAN, personally
known to me (or proved to me on the basis of satisfactory evidence) to be the
persons who executed the within instrument as the President and Vice President,
respectively, on behalf of PACIFIC COAST HOMES, the corporation therein named,
and acknowledged to me that such corporation executed the within instrument
pursuant to its bylaws or a resolution of its board of directors.
WITNESS my hand and official seal.
� Ww J
'S ••�, Notary Public in and for said State
SEAI
� 9OuO�MB
N t GWGE c-C UNTY a
COMV MY
September
pteo b r 13 Expires993
HOLLY-SEACLIFF
DEVELOPMENT AGREEMENT
EXHIBIT "A"
PARCEL 1 : (AP NOS. 23-010-10, 12 & 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 51 , 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; THENCE ALONG THE
CENTERLINE OF MANSION AVENUE, SOUTH 89040' 01" EAST 1 ,350 .15 FEET TO
A POINT ON THE CENTERLINE OF MAIN STREET; THENCE ALONG THE
CENTERLINE OF MAIN STREET, NORTH 00°19' 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 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
88013' 25" WEST 225.92 FEET TO A POINT ON THE CENTERLINE OF
GOLDENWEST STREET; THENCE ALONG THE CENTERLINE OF GOLDENWEST
STREET, SOUTH 00018' 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 THEREIN; THENCE
CONTINUING ALONG THE CENTERLINE OF GOLDENWEST 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
71 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 MAP) BEING 60 . 00
FEET WIDE; THENCE SOUTHERLY ALONG SAID CENTERLINE OF STEWART STREET
1
%"*' ALDEN & HOLLY—SEACLIFF
Sp
��IATE� DEVELOPMENT AGREEMENT
EXHIBIT "A"
CIVIL ENGINEERS—PLANNERS- LAND SURVEYORS 0859-1 62-1 D�to 8 1 7;90
18012 COWAN,SUITE 210 Y IRVINE, CA 42714 Y�YO.No
714;660.0110 FAX.660-0418 En r. DUN, Chk. Shoot I— OI I5
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 89041 ' 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 88013' 25" WEST 225.92
FEET TO A POINT ON THE CENTERLINE OF GOLDENWEST STREET, BEING 60 .00
FEET WIDE; THENCE ALONG THE CENTERLINE OF GOLDENWEST 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; THENCE 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 LOT 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
kSDEN & HOLLY-SEACLIFF
SOCIAT ES DEVELOPMENT AGREEMENT
EXHIBIT "A"
CIVIL ENGINEERS—PLANNERS-- LAND SURVEYORS
18012 COWAN,SUITE 210 c IRVINE, CA 92714 WO.No. 0859-1 62-1 Dat® 8/1 7190
7141/660-0110 FAX:660-0418 En r. ��','t Chit. S��ot Of 5
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; THENCE 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 STREET TO ITS
3
VWDEN € , HOLLY—SEACLIFF
DEVELOPMENT AGREEMENT
��,T'— :r'��,�' EXHIBIT "A"
CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS
18012 COWAN,SUITE 210 ® IRVINE, CA 92714 WO.No 0859-162-1 Dot® 8/17/90
714,660-0110 FAX 660-0418 En r. PLC`' CAk. Swat Z Ot 15
PARCEL 5: (CONTINUED)
INTERSECTION WITH THE CENTERLINE OF MAIN STREET (SHOWN AS TWENTY-
THIRD STREET ON SAID MAP) BEING 120.00 FEET WIDE, SAID POINT BEING
ON A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 1360.00
FEET; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE OF MAIN STREET TO
A POINT OF TANGENCY, SAID POINT BEING NORTH 190 EAST, 290. 45 FEET,
MORE OR LESS, FROM THE CENTERLINE INTERSECTION OF MAIN STREET AND
CLAY AVENUE AS SHOWN ON SAID MAP; THENCE SOUTH 190 WEST 217.98
FEET, MORE OR LESS TO THE SOUTHEASTERLY PROLONGATION OF THE SOUTH
LINE OF LOT 23; THENCE NORTH 710 WEST 60.00 FEET, MORE OR LESS,
ALONG SAID SOUTHEASTERLY PROLONGATION TO THE POINT 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
LINE OF LOTS 8 THROUGH 11 , TO THE SOUTHERLY PROLONGATION OF THE
_
WEST LINE OF LOT 11 ; THENCE NORTH 5.00 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:
4
kIEN HOLLY-SEACLIFF
S®CIATES DEVELOPMENT AGREEMENT
EXHIBIT "A"
CIVIL ENGINEERS—PLANNERS--LAND SURVEYORS
13012 COWAN,SUITE 210 • IRVINE, CA 92714 WO.No. 0859-162-1 Data 8/1719Q
714/660-0110 FAX:660.4C:9 En DLL' c?,k. shoot ' of S
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 450 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 A 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 BEGINNING.
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, ALONG 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 190
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.
5
k;DEN & HOLLY-SEACLIFF
So A DEVELOPMENT AGREEMENT
EXHIBIT A
CIVIL ENGINEERS—PLANNERS--LAND SURVEYORS
19012 COWAN,SUITE 210 • IRVINE, CA 92714 w0.No. 0859-162-1 fist® 8117 �tj
714,1660-0110 FAX 660-04I En !I-j`T Ch&. Shoot of
PARCEL 9: (AP NO. 159-282-12)
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 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 AVE- ?JE (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 THE 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.
6
ALIEN & HOLLY-SEACLIFF
SSOCIATES DEVELOPMENT AGREEMENT
EXHIBIT "A"
CIVIL ENGINEERS—PLANNERS--LAND SURVEYORS
t8012 COWAN,SUITE 210 • IRVINE. CA 92714 wo.No. 0659-162-1 Date 8/17/90
714:660-0110 FAX:660-0418 En r T)l- Chk. Shoot 6 Of 1 L
PARCEL 11 : (AP NOS. 159-191-01 , 02, 03 & 05)
THAT PORTION OF THE SOUTH HALF OF SECTION 3-5, 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
STREEET (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
TO' 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 FEET WIDE; THENCE SOUTH 44059' 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
84.86FEET 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 44059 ' 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 . 51 FEET, MORE
7
%'o*ALDEN t HOLLY-SEACLIFF
S "A�+�� DEVELOPMENT AGREEMENT
'" EXHIBIT "A"
CIVIL ENGINEERS—PLANNERS--LAND SURVEYORS
18012 COWAN,SUITE 210 • IRVINE, CA 92714 wo. No. 0859-162-1 Date 8/17/90
714,660.0110 FAX 660-0418 - En9, n11•; Chk. Shett of 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 STREE.L, 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
SAID 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 13: (AP NOS. 111-072-02, 03, 04, 05, 07, 08, 09, 10, 11 ,
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 ELLIS 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 19026' 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. 18 FEET,
MORE OR LESS, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18°20 ' 42"
TO AN INTERSECTION WITH A LINE 20. 00 FEET EAST OF THE EAST LINE OF
8
VWDEN SZ HCLLY-SEACLIFF
SOCIA'TES DEVELOPMENT AGREEMENT
EXHIBIT "A„
CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS 19012 COWAN,SUITE 210 o IRVINF, CA 92714 WO. No 0 8 5 9-1 6 2-1 Dat® 8/1 7/9 0
714r6600110 FAX_660.8419 Env Chx, 5hsst 8 Oi i5
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 44059 ' 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 CORNER 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 CORNER 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 OF
t TRACT NO. 62, AS SHOWN ON A MAP FILED IN BOOK 1Q, 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 HALF OF THE
9
JWSOCIATIFS
DEN 1' HOLLY—SEACLIFF
DEVELOPMENT AGREEMENT
EXHIBIT "A"
CIVIL ENGINEERS—PLANNERS--LAND SURVEYORS �O No 0859-162-1 Data 8 17 90
19012 COWAN,SUITE 210 • IRVINE, CA 92714
714 b6MI10 FAX:660-0419 En , 1? td Chk. Shoat .� Ot i L
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 LINE 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
10
VAALDEN & HOLLY-SEACLIFF
pp DEVELOPMENT AGREEMENT
SS®CIf TES EXHIBIT "All
CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS 0 8 5 9-1 0 2-1 8/1 7 j 9 0
19012 COWAN,SUITE 210 • IRVINE, CA 92714 W O.No Date
714;660-0110 F.AX.660-0418 Eng, nT �•. Chk. Sneat in of
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 & 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 FEET 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 63013' 21 "
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" EAST 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
00015'30" WEST . 1929 .87 FEET, MORE OR LESS, TO THE POINT OF-
BEGINNING.
11
VWDEN & HOLLY-SEACLIFF
SOCIATES DEVELOPMENT AGREEMENT
EXHIBIT "A"
CIVIL ENGINEERS—PLANNERS- LAND SURVEYORS
19012 COWAN,SUITE 210 • IRVINE, CA92714 WO.No. 0859-162-1 Date 8/17/90
714;660-0110 FAX,660-0418 Enfl,. �'-�' Chk. Sheet 11 Of 15
PARCEL 18: (AP NOS. 110-015-60 & 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 00016' 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 89°32 ' 15" WEST 988.55 FEET ALONG THE NORTH
LINE OF SAID PARCEL 1 ; THENCE NORTH 00°14' 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 00016' 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 FARM 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. 23-181-34, 110-015-56, 110-200-31 , 110-230-08)
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 :
12
k
DEN & HOLLY-SEACLIFF
DEVELOPMENT AGREEMENT
S®CIAT'ES EXHIBIT "A"
CIVIL ENGINEERS—PLANNERS--LAND SURVEYORS 0 8 5 9-1 6 2-1 8/1 7/9 0
19012 COWAN,SUITE 210 o IRVINE, CA 92714 1410.No. Data
714,660-0110 FAX:660-N1@ En , 7LIti Chk. Sheet- Of J ;
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 295,
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 RECORDED 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 00°55 ' 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 00022' 36"
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 SOUTH 00022' 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
02006' 09" WEST 384.31 FEET; THENCE SOUTH 22047 ' 17" WEST 236.88
FEET; THENCE SOUTH 11043 ' 51 " EAST 123 .87 FEET; THENCE SOUTH
35008' 20" EAST 258.90 FEET; THENCE SOUTH 27031 ' 58 EAST 336.22 FEET;
THENCE SOUTH 37012 ' 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 5203336" EAST
202.68 FEET; THENCE SOUTH 56002 ' 22" EAST 89 . 12 FEET; THENCE SOUTH
85036 ' 09" EAST 148 . 27 FEET; THENCE SOUTH 42033 ' 44" EAST 151 . 24
FEET; THENCE SOUTH 26013 ' 49" WEST 112 . 82 FEET; THENCE SOUTH
47037 ' 07" WEST 1'78. 23 FEET; THENCE SOUTH 56031 ' 48" WEST 90 . 34 FEET;
13
VWDEN & HOLLY-SEACLIFF
SOCI TES DEVELOPMENT AGREEMENT
EXHIBIT "A"
CIVIL ENGINEERS-PLANNERS- LAND SURVEYORS
19012 COWAN,SUITE 210 • IRVINE, CA92714 WO. No 0859-162-1 Dst. 8/17/90
714.660-01W FkX 66&-0418 Engr 7 - Chk. Sheet i Of i
w..,....... m.. ._. ,�. --..,.s-... _ .
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 78049' 50" WEST 129. 11
FEET; THENCE NORTH 82026' 29" WEST 132.50 FEET; THENCE NORTH
87053' 06" WEST 142 . 58 FEET; THENCE NORTH 88034' 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 11003' 24" EAST 248.08 FEET; THENCE NORTH
19001 '22" EAST 142.80 FEET; THENCE NORTH 36057 ' 38" EAST 41 .06 FEET;
THENCE NORTH 35024138" 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 59032' 35" WEST 112.08 FEET; THENCE NORTH
70028' 27" WEST 109. 58 FEET; THENCE NORTH 27044' 02" EAST 108.69
FEET; THENCE NORTH 17029' 33" EAST 232.75 FEET; THENCE NORTH
09047' 41 " EAST 224.74 FEET; THENCE NORTH 06041 ' 28" EAST 218.10
FEET; THENCE NORTH 12050' 02" EAST 125.61 FEET; THENCE _NORTH
11012' 50" WEST 67.15 FEET; THENCE NORTH 76°16' 19" WEST 54. 17 FEET;
THENCE SOUTH 68056' 58" WEST 44. 19 FEET; THENCE SOUTH 13042' 05" WEST
241 .82 FEET; THENCE SOUTH 32053 ' 58" WEST 74.39 FEET; THENCE NORTH
83032' 50" WEST 85.42 FEET; THENCE NORTH 84°43 ' 58" WEST 68.77 FEET;
THENCE NORTH 53016' 51" WEST 49.91 FEET; THENCE NORTH 06004 , 10" EAST
55.63 FEET; THENCE NORTH 03004' 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 35004' 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 FEET11 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
41042' 13" WEST -243.13 FEET ALONG SAID NORTHEASTERLY PROJECTION TO
THE MOST NORTHERLY CORNER OF PARCEL 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
41042' 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
14
VWDEN & HOLLY-SEACLIFF
.S®CIA 1 ES DEVELOPMENT AGREEMENT
1 EXHIBIT "A"
CIVIL ENGINEERS- PLANNERS--LAND SURVEYORS 18012 COWAN,SUITE 210 • IRVINE, CA92714 W.O. No 0859-162-i Date 8 1 7/ 9 0
714:66"110 FAX 660-04I8 Enyr `1LW Chk. Sheet 1 ' Of 15
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 89037 ' 14" EAST 91 .97 FEET, NORTH 00015' 23"
EAST 328.98 FEET, SOUTH 89043' 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 14024' 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. 85 FEET
ALONG SAID CURVE THROUGH A' CENTRAL ANGLE OF 28012 ' 19" 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.
15
kSDEN HOLLY-SEACLIFF
S®CIAT]ES DEVELOPMENT AGREEMENT
EXHIBIT "A"
CIVIL ENGINEERS—PLANNERS- LAND SURVEYORS
19012 COWAN,SUITE 210 . IRVINE. CA92714 1KO.No QRSq-162-1 Dots 17_/Qfl
714 i 660-01 10 FA X:660-0418 Emqr. . D 1 W C h k. Shoot 1 5 of I
i
GARFIELD AtENUE AIPA
-
-- PARCEL -----�----- --- }I � I
1 i �
DA00 Cl
—
i
�I NAP
3 /
PAR EL 2 !
� v I
QQ
I � PARCE�
PARC L� 9
j CLAY AVENUE N
PARCEL 1 N.T.S.
i
I
W
_ HOLLY—SEACLIFF
p —— — — SPECIFIC PLAN BOUNDARY
J
Y RKT WN AVENUE _ DEVELOPMENT AGREEMENT
PARCEL LINES
"```�N.NmsRS HOLLY—SEACLIFF
ALDEti & ru..-vaRs
sSOCIATES u`D SURVRYDRS DEVELOPMENT AGREEMENT '
18012 CoEAN, SLIT[ 210, 51"INg. CA 92714
(714)$60-0110 FAX. 860-041E
EXHIBIT 'B'
DAVTD L TAU&N RCE 19402 DATE
HOLLY—SEACLIFF
SPECIFIC PLAN BOUNDARY
DEVELOPMENT AGREEMENT
PARCEL LINES
I
I N
I
I
ELLIS AVENUE
e
7V� 711
f
PARCEL 13
PARCEL 12 H
LL
cr
III N.A.P,
EU
1 /
cr
1 — }
Q
I QPQ !I
-- I LLD
TT♦�
ASL
UILERS
DEN & pGa4z7ls HOLLY—SEACLIFFsOCIATEs u"5',WFYORS DEVELOPMENT AGREEMENT
71
4, eeo—oleo FAX eeo—ogle
EXHIBIT 'B'
DArm L WALMN Wr 19402 DATE
HOLLY-SEACLIFF
SPECIFIC PLAN BOUNDARY
DEVELOPMENT AGREEMENT
-- PARCEL LINES 1
m
1
� 1
oa. �
PARCEL 18 -.------
S< 9
N.A.P
RP
H PARCEL 14
N.T.S. — -- -< —--
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00
rn
x '-
x
z I 3 ,
m PARCEL 17 PARCEL 16 -
D D
ao n;r
� -n /
.A.P.
Z N
/ \ `\ FARC EL 15 -
--1
—GA —AVENUE--`
� � I
a: w
w G FIEL AVENUE W
PARCEL 20 iw
� L
I ~
. cn
I
HOLLY—SEACLIFF 1 Z
SPECIFIC PLAN BOUNDARY I
1 �
DEVELOPMENT AGREEMENT
i
PARCEL LINES I
I
I
N
N.T.S.
�`u HOLLY—SEACLIFF
AgEN & PLW`:ERS
�`ffi
ScOCIATES DEVELOPMENT AGREEMENT
10012 COWAN. 5(.7TE 210. II FLN-E. CA 92714
i 7111 000-01a0 FAZ E60-041e
EXHIBIT 'B'
DAM L 1ALZ V RCT 1"02 DA-9
Parcel Acreage AP24 Dedicatien�Sebedule -
1 4.9 acres 110-230-11(por) 60 days after effective date
of Development Agreement ,
2 7.9 acres 110-015-56(por) June 30,1991 1
3 6.7 acres 110-015-61,60(por) December 31,1991 � /,{
4 7.8 acres 110-015-56(por) June 30,1992 .��
5 7.7 acres 110-015-57,58,56(por) December 31,1992
6 3.6 acres 110-230-11(por) Upon removal of Gas Plant or
December 31,1994r�;-s '�_�
i
7 2.7 acres 110-015-60(por) �
or Within five years at `4 _ �+�4', - - —_ if
4.6 acres 110-151-lb.16 City's option
Total 41.3 acres or 43.1 acres i 'rrf'" •"�
Fr,
.-4 f
EXHIBIT C
HOLLY-SEACLIFF
LINEAR PARK DEDICATION
_ N ,
�• -----"-"-- I4 82Ci
c 61 8
C2
21
B
i A2
1 2,EA.r E
\ A Ca ,L C5MH
NA za Ac
2] 81 ��.
•'�. A7 E ]z nc 60
E s>c C6
jO MH
i M� DS v D6_- E5 -- Mi wC
.GT we p M MH ,6 c
w}
12 AC
(✓ 21 wC
59
s" �J --- --- -- ---- - -- -- -- -- L.•� oz oa - —
z]AC LA �\ D7 I E3 E2
Ac c e c
/ x
D7 ui 5
0 AC
EXHIBIT D
CITY OF HUNTINGTON BEACH NEIGHBORHOOD PARKS
M(On n M SF A C n F� n �1 IIIIII t}�
LEGEND
G (11( r 'Ii,�.•�ii.•,i i1 I r+ �- •� 1 ARTERIAL HIGHWAYJLANDSCAPING'
I: 1 �.�� 'AJ Ti � ® PevlwrEt ocnavunxn
ARTEOAL NIGNWAY/LANDSCA►INGU'
INTERSECTIONSITRAFFIC SIGNALS
. T ; -_--�r���ti ,r..,,1.,�,.d`�i�Ig`-'�°�"�.r'-• "� '- —�_-%'�"' � L.' ® mvuoge wnanunm
criONSRRAFfIC SIGNALS'
. ji e -'� - .'�� �J' _�( � � --� _ •J I � \L— 1 �-•" INTERSE
..�� � .• ' ! - / — � COMMYNIM1 M�COVIWMn
• ,- _ 1. , ', 1 1 EQUESTRIAN TRAILS
1 � - •J. - l 11;•. ' �3; •�1 ;i� ® Plvnery nNrovluum
�,i I f i ' �I �fi• 1 -�+ ( i� �I� EQUESTMAN TRAILS
/i! 1
�: r{'•f , �:g:•_• t.w(i"".. ,.....: I I - _ __—�i NOTE:
1.AAerlalImp,w®rtwMsMcAMertwd-
- 1\is• -, ' .' /.':. - -.,� -� �— J` �1 on GoldonwodSfnw1.Gartleld A—ue-
' �\" /� 1 .•, tiY:�' r � 1 Gaflwrtl ShoRl and Mal.Sheet.
' { 2 the Prok'cl yapWres CRY d®hl of..V
�� r( \`��. `f• 1; 'aCa�uisMon antl yNmbunemenL
C� PHASE i
~J`1••�, ` ''.'�' 7~"r �E..' ��'t - ;� ,�� I� PHASE
4 1 F-3—� PHASES -
Goftld 4 PHASE I.
Lj
`°� � / _y i n�_ //;_,�>s 1 _ _ _ T!" ��lt;: 1 i, .�^e'er—=-•,: LZ c:��1
zy a
;.� • ' EXHIBIT
i
TY Qr Hu.NTINGT FACILITIES IMPROVEMENT PLAN
. r
EXHIBIT F
TRAFFIC, CIRCULATION AND STREETSCAPE IMPROVEMENTS
A. Arterial Highway Improvements
1. Main Street between Huntington Street and Yorktown Avenue
2. Gothard Street between Ellis Avenue and Main Street
3. Goldenwest Street between Ellis Avenue and Yorktown Avenue
4. Edwards Street between Garfield Avenue and Inlet Drive
5. Seapoint Street between Garfield Avenue and Tract 13821
6. Garfield Avenue between Seapoint Street and Huntington Street
7. Ellis Avenue between Goldenwest Street and Gothard Street
8. Ellis Avenue (north half) between Edwards Street and Goldenwest Street
B. Intersection Improvements and Traffic.
1. At Garfield and Goldenwest
2. At Main and Garfield
3. At Gothard and Garfield
4. At Ellis and Goldenwest
5. At Ellis and Edwards
6. At Garfield and Edwards
7. At Ellis and Gothard
8. At Gothard and Main
Landscaped Median Improvements
1. In Goldenwest Street from Ellis Avenue to Clay Avenue
2. In Garfield Avenue from Seapoint Street to Main Street
i 3. In Main Street from Huntington Street to Clay Avenue
® 4. In Seapoint Street from Garfield Avenue to Tract 13821
5. In Gothard Street from Ellis Avenue to Main Street
I j
d t
I
I
I I I I _ �• A ,
I _ a
I ' � r � a• h• p• � ' � � I
I
L
5 � I I
P t I» I
i Cj 'Its I I
PROPOSED STREET STRIPING
HOLLY•SEACLIFF
5 9g.t. "w eec. ..
p'•'t AREA WIDE STUDY
HI.TMNUMN BEACH.CALIPORNIA
EXHIBIT
ARTERIAL ALIGNMENT AND
STRIPING PLAN
1 OF 3
Y
• I I 1
1 •
� I
a• l.� yi n ;l
of 1_ ispil
l
p
6.
t��"'&', 11 1 _ __ - •11 � ; ��_ .�
II —.
\ _ e<IS-.NC.G'+LPG SiPER_TO 9E vEENNCONE�;
if.
PROPOSED STREET STRIPING
HOLLY•SEACLIFF
AREA WIDE STUDY
HUNTINGTON BrIACN.CALIFORNIA .•••",. »—•.,
EXHIBIT GL
ARTERIAL ALIGNMENT AND
STRIPING PLAN
2OF3
s
<, I
I I
1
� 1
�ccvacr ttvtrr � — — 4 -
� ' tl �
I
:
IA
i -
i}
I �
I t
• a i (9— I
1
PROPOSED STREET STRIPING
w : - HOLLY-SEACLIFF
AREA WIDE STUDY ..on.res.»—•�
�l NVNTMTON MACK"UPORNIA �•" ••
EXHIBIT &
ARTERIAL ALIGNMENT AND
STRIPING PLAN
3 OF 3
................
B4 0
NEW CITY
PUMP STATION
L
."cl
15
C2 3
w
B C3
' "
B m
8" A 7'�C
E
I 2.6�AC
c
A
A 4
pt
E3 E
DS 56 CIS
IDS MH 1
"
. 12
...........
(M D5 Dd
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11 AC
0
ot 01
E-�
D2 0
L"c �3 L AC D7 E2
J* L m
12 14 AC �'AC
D CA--
E4
MD'I AC
D3
L
EXHIBIT H
CITY OF HUNTINGTON BEACH SEWER FACILITIES
HOLLMEACUFF MEA
a
o AC
------- i E
C,
-
B C3
m
A2 7 ACl�' =-- -
MH M
O 7
23 \ et
A7
6Ew 56E c i I c6
CH
u AC ----
�/ D •��- ... ..t' �C E1 C EB co•uein w..,,•,. r. o,__°—__ {{I
1,'•"Y � MC * MH ES MC ---`e U-1
..A _ r
11 AC I AC D7 I E] E2
C U•
�. MD ....
/ I 6J,°.
1\ D
63LAC - ..... .
EXHIBIT I
CITY OF HU��NTINGTON IB�E��ACH LAND USE ELEMENT
P;i:l'I_I I.
a ,
EXHIBIT' :r
HOLLY SEACLIFF DEVELOPMENT SCHEDULE
Planning Total
Aica Units 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000
A 160 75 70 15
B 145 145
C 1475 75 185 335 325 325 180 50
D 1450 150 175 470 415 240
E 550 250 150 150
m ^
I�
3 h dl I ARTERIAL HIGHWAY/LANDSCAPING
Lu �` hl
W I — DEVELOPER IMPROVEMENTS
_
T of = ARTERIAL HIGHWAY/LANDSCAPING'.'
O n - = Ellis Avenue COMMUNITY IMPROVEMENTS
r ,. ��;. _
r: _,-. -77
F__, INTERSECTIONS/TRAFFIC SIGNALS
I I I _;, •I _ - I DEVELOPER IMPROVEMENTS
121
—
i
INTERSECTIONS/TRAFFIC SIGNALS 2
I •: ;.I I o ;�; - -- -__ /I �� COMMUNITY IMPROVEMENTS
•{ �_ - �- .I m - _--- - - - - �— _ -- I mmmmmmmmmmo EQUESTRIAN TRAILS
DEVELOPER IMPROVEMENTS
o EQUESTRIAN TRAILS
{ I 1`\ I ,❑- -�` �'\ — I 000000o COMMUNITY IMPROVEMENTS
` - - y • - __—__ -- C
NOTE:
__� 11 ___ \}" �/ ❑ .',., " -� I= 1.Arterial improvements include medians
on Goldenwest Street, Garfield Avenue,
Gothard Street and Main Street.
2.The project requires City right of way
acquisition and reimbursement.
/ sltion
PHASE 1
PHASE 2
: mF 4 PHASE 3
mmup❑❑❑❑❑tlo❑❑❑mu......mmmm u......mmm . •t _ -
�/'
—
Garfield Avenu _ Z-/ 4 PHASE 4
\_ 1
a
�� ( O% {0y Avenue
f
-en �
I
Yorktown—Ave ' e
/ r /
EXHIBIT E
1 CITY OF HUNTINGTON BEACH FACILITIES IMPPROVEIMIENT PLAN
o m mo 11/5/90
� I
II
III
J
I
I
F ---- - - - -_ -
a
I us_— AVENUE
I 0
BC I: Ac
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I
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Iii. II II d S$
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— J a 'U -0IL 11 ' ERNEST
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SEC—6 SFC1XlN K—N W
Ii W A o
w
_ - ------ - --- q an a'
R,R _ a
�I
cPRe.wPsllaP '�slnck�c w+E
— GU2fIEl0 AVExuE Cp���Go �
_ CURB 1PAx511pN PER C,ry SiAHWV05
I v� cat
h�I
I!'IIiIn
R R o
20 Rro1.0
Rn Rn
B an rw
4 1 \ wR Ems ,,
i E E
F G H J J 1
— —
— — —------- - —�ARFIELD=AVENUE_
SHEET
' iC
s F G HK K'wF u°� nw
tt/5/90
Parcel Awe AP1I Dedication Schedule
1 4.9 acres 110-230-11(por) 60 days after effective date "
of Development Agreement
2 7.9 acres 110-015-56(por) June 30, 1991
3 6.7 acres 110-015-61,60(por) December 31, 1991
4 7.8 acres 110-015-56(por) June 30, 1992 7
5 7.7 acres 110-015-57,58,56(por) December 31, 1992 _
6 3.6 acres 110-230-11(por) Upon removal of Gas Plant or 7 #
December 31, 1994
7 2.7 acres 110-015-60(por)
or Within five years at
4.5 acres 110-151-15,16 CitY's option
Total 41.3 acres or 43.1 acres
—
.
(�
cm BOUNDAW Ira RGE�
_ i� P �< -1- . �„""•r . :rim
EXHIBIT C
T ° � HOLLY-SEACLIFF
p },
Map LINEAR PARK DEDICATION
1
\ �= 1 1/5/90
oB � ® ® gym.®mmm�,■m®mm®mm t � v'� ��,.
W os�mm®mmmmmmm
■• 4 40 AC y c
m -- ----- ------ -r-------- ---- —..-- t�'._—. - — --- — --- �_ __ _ ��
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10 AC I E ice,
r z 50, C1
46 AC 4
61
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\ a
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D � V D5 _ _ VM .__1 E6 ./
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•� ^ r 1 i .; E4
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y
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EXHIB IT
CITY OF HUNTINGTON BEACH N E I HBO R H 0® ® ARRK
HKRVA
L'DL�L V=8E/C p MLffF1F p d IIiIIII II I lao laa > >/5/g0
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SEE—RD SIR—1ECTIDIS FOR APPI—LE—11EITS
2
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RNEST _AVENUE 15
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11/5/90
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8 ° PUMP STATION Ellis Ave
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6 AC
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• M D8 D5 I®; D6 E1 C
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16 AC `"
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9 \•-i zr.::Du •� 260 Du i 22 AC , 7 DUJAC
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90 i..,...,.1:� `•m •••••o••
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150 DU .,,3 C,U ••®m•.Ov� L
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•' ` �`f s
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N\:
v
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1
■
•
0" EXHIBIT H
00
CITY OF HUNTINGTON BEACH SEWER FACILITIES
Fo"
Lr-Gz1 t t/5/90
fi I _
a
W B}4 ■■`[� _ PLANNING I LAND-USE ACRES DWELLING UNITS
AA
4(OJS C 6i = AREA UNIT I PUN GP M
AG
a ---- ------- �(( = A jt - - -
E341s AvenU
TOTAL PLANNING AREA ACREAGE/
ILLO
' /( i. - ...._..-� '. .,' '.- _ _ _ _• -' � ALLOWABLE UNITS �
M• PLANNING I LAND-USE ACRES I DWELLING UNI75
�•°� � i B2 i f ff �,lU P AREA I UNIT LA I GP MAX
,O AC
0.h ?8
--------- E o s
° E 2 57JAL;I 1 46 AC ^.� F se. cs 1as
iaTi DU f o
- '---------`( 30 DU/AC L V= °!� TO At PLANNING AREA/ACREAGE/ zoo
C2 �, °t ALL ow E UNITS /o
0= INCLUDES d ACRE PARK
l i c,f'AM:K 29 AC o_ R
L40 Cu
C PLANNING I LAND-USE I ACRES DWELLING UNITS
AREA UNIT l U PLAN G P MA%
1 I 9J /® i
ill r C3 C= l
i
21
1 I A2 \ % " ;AC --— I
(` 21
5 azs
2 AC - _ na+
6, 326
IL = FA/AGRFAGE
UL;
I C — AOTAL PLANNING AR /
L,
-,../ _ ,I /'..,i ILOWABlF UNITS
'91 ISJS
f \_ _� / Eg F C4 r C5 `� iF INCLUDES d ACRE PARK
PLANNING I LAND-USE ACRES I DWELLING UNITS
€a' C7 20 AC I 29 AC f• • AREA UNITN G P MAX
c''" _ - - — - -r _ i-
•® � �1 16<s ADuC T ,,c_ioac 54_AC E k !
B1 j ACRE2AP
r � g
17
•-j .�o—Dl.; 32 AC A3 E rP21 . s
330
56 C6 v1J zea 1
MH eo
-
.r. , 6 AC CD9 AC t E GC DtJ __ a CS
13 AC ..y "-� ' _ 1Fi�JU(AG) ` \\ LO.AS PINNING AREA ACREAGE/
I ...�..........r_.., �......__,_._...__....— r.. _ ..,.._ ..�....��... AOLIOWABLE UNITS iPo a50
L.•
^'_'.... 'JE ING LUDEs d ACRE PARK
D1 l C
E6 �� Garfield Avenue
LAND USE ACRES DWELLING UNITS
M !+ D5 D6 ', E5 1 M� a aC� AREANwNG PLAN GP MAX
\�- 18AC I l� M i MH €€ .I
u 7 AC 22 AC j 13 AC r l - o_
��0 a�`� � :,;,Du;•o �r 'So Du "hi 22 AC vl;ou ac ". �,o _,eo-
l ter, I Ia, 131
,
o DulAc t f.� E
Q f �E....a' •1 • - -._..—__—•i I D2 D4 \�\ � tl� -�.,.I °° AOLITAL OWAB FNIINGS AGE/ 112
AREA ACREAGE/ •'2
f • ` / 7y$''xM
eO 23 AC � D7 E3 .`•� EZ GRAND TOTAL %aa o
150 DU 73 AC L Y M
ee® 6 5 DUO 7 Du.AC raII® t 14 AC 9 AC F y +a 8 AC ®• The number at dwelling units as indicated on the Land Use Plan
J I nY Rc F.AF.K t''.,. �',:
t 7l1 C ;he
sense as a guide far development
4 DO
° ' ' e0 .;%D'i•Ar M Dwelling units may Planning
nnng Are.,
from aplanning unit or units
° wlihin the some Plannin Area,so long as the maximum
w®v-'"I ®°°® number of dwelling units allowed by General Plan for each
1 i!r a CjOY Avenue FCCC Clay Avenue Planning
9unlisalocated fUnit is not mihardPla long
Mng Areaanat as the tatai number
exceeded.
i; �
I ® F STATISTICAL SUMMARY
•°, ^ � � . SEE Mp {k`E � .�.:,.
! nl
53 AC
4 F j
y ([f '75 DOnl "J 1oiJ
• C F ntt3 Er � �
DI
-6 o:asp.. Ise u 5
• o>i.fl .Mla.
63 L
C x MD
370 DU
Yorktown Avenue y� •"�
e• 4L�� �� *p Potenhvl Alrorn°te lvc°tl°rn far Commercial
N U POFRRNaI Sch_I SRR
e C ® Located Wlihin the County of Orange rynsdlcllon
EXHIBIT I
CITY OF HUNTINGTON BEACH LAND D USE EL EM ENJT
d IIIIII I I I I ro"
l.l L�L��1f
1J0 -3L-ACL FF AREA LSLrJ R 11/5/90
� v
HOLLY SEACLIFF DEVELOPMENT AGREEMENT
Existing Land Use Regulations Under Separate Cover
1. Huntington Beach General Plan, adopted by Resolution No. 4368,
December 6, 1976, as amended by resolution up through and
including Resolution No. 6206, August 20, 1990.
2. Final Environmental Impact Report No. 88-2, certified by
Resolution No. 6022, May 1, 1989.
3. Ellis Goldenwest Specific Plan, adopted by Ordinance No. 2998,
,Tune 26, 1989.
4. Final Environmental Impact Report No. 89-1, certified by
Resolution No. 6097, January 8, 1990.
5. Holly Seacliff General Plan Amendment No. 89-1, adopted by
Resolution No. 6098, January 8, 1990.
6. All other City ordinances, resolutions, codes, rules and
regulations in force as of December 5, 1990.
e
40C
HO"'MES
February 28, 1991
Mr. Michael Uberuaga, City Administrator
Administrative Services Department
2000 Main Street
Huntington Beach, CA 92648
RE: Holly Seacliff Development Agreement
Dear Mike:
I am forwarding to you and your staff listed below copies of the recorded Development
Agreement No. 90-1 for the Holly Seacliff area. The enclosed booklet also contains an
executive summary, a section for ordinances of adoption and amendment, enlarged exhibits for
clarification, and a copy of the zoning ordinance in effect on the Effective Date of the Agreement
(December 5, 1990).
I hope this will be useful in implementing the many provisions of the agreement. Please let me
know if there is anyone else on your staff that will need a copy.
Very truly yours,
44��O��
William D. Holman
Vice President
Enc
cc: Robert Franz Howard Zelefsky Michael Dolder
Dan Brennan Hal Simmons Ronald Lowenberg
Gail Hutton Scott Hess Louis Sandoval
.Connie Brockway Robert Franklin Robert Eichblatt
Michael Adams Ronald Hagan Steve May
Jeffrey Renna Donald Watson
2120 Main St., No. 260, Huntington Beach, CA 92648-2499
(714) 960-4351 FAX (714) 969-3659
Authorized to Publish Advertisements of all kinds including
public notices by Decrae of the Superior Court of Orange
County, California, Number A-6214, September 29, 1961, and
A-24M1 June 11, 1963
STATE OF CALIFORNIA
County of Orange
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 ORANGE COAST DAILY
PILOT, a newspaper of general circulation,
printed and published in the City of Costa Mesa, _
County of Orange, State of California, and that PUBLIC NOTICE
attached Notice is a true and complete copy as LEGAL NOTICE
ORDINANCE
was printed and published in the Costa Mesa, NO.3080
"AN ORDINANCE OF THE
Newport Beach, Huntington Beach, Fountain CITY COUNCIL OF THE
Valley, Irvine, the South Coast communities and CITY
ADOPTINGGTON,THE,'
DEVELOPMENT AGREE
Laguna Beach issues of said newspaper to wit MENT BETWEEN THE CITY
the issue(s) of. OF HUNTI BEACH,
BEACH ANNDD C
PACIFI
COAST HOMES AND GAR-
FIELD PARTNERS"
SYNOPSIS:
Ordinance No. 3080'
'adopts the Holly-Seacliff'
November 19 � 1990 Agreement between the City
and Pacific Coast Homes
and Garfield Partners.Holly-
Seacliff if generally bounded
by Ellis Avenue to the south,
Huntington and Main
Streets to the east,
Yorktown and Clay Avenues
to the south and the bluff
edge west of Edwards to the
west.Adoption of Ordinance
No.3080 is subject to refer-
enTHE FULL TEXT OF THE
ORDINANCE IS AVAILABLE
IN THE CITY CLERK'S OF-
FICE
ADOPTED by the City
Council of the City of Hunt-
ington Beach at a regular
meeting held Monday, No-
vember 5, 1990, by the fol-
lowing roll call vote:
AYES: Councilmembers:
MacAllister, Green, Mays,
declare, under penalt of p�1er ury, that the Silva,Erskine
h'' Y � NOES: Councilmembers:
foregoing is true and correct. wAshell :
g g ABSENT: Coun-
ers:Bannistere
cilC CITY OF HUNTINGTON
Executed on ;3ovember 19, 99 City Clerk
onnle Brockway,
at Costa Mesa California. Published Orange Coast
Daily Pilot November 19,
1990 M305
Signature
PROOF OF PUBLICATION