HomeMy WebLinkAboutTRI Pointe Homes, Inc. - The Lamb School Neighborhood Save Our Field Committee - SaveOurField.Org - 2013-08-05 SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement (this "Agreement") is entered into and
effective on Awolrlt, 2013, by and between the following: TRI Pointe Homes, a
Delaware corporation (formerly known as TRI Pointe Homes, LLC, a Delaware limited
liability company) ("TRI Pointe"), the City of Huntington Beach, a municipal
corporation ("City"), The Lamb School Neighborhood Save Our Field Committee, a
grass roots citizens committee, and SaveOurField.Org, a non-profit 501(c)(3)
organization (The Lamb School Neighborhood Save Our Field Committee and
SaveOurField.Org are collectively referred to herein as "Save Our Field"). All such
parties, where appropriate, are hereafter referred to individually as "Party' and
collectively as"the Parties."
RECITALS
A. On November 19, 2012, the City approved a development
application for a 81-unit, single-family subdivision (the "Project"), on property located
at 10251 Yorktown Avenue in the City of Huntington Beach, California (the
"Property"). The Project included the following approvals: (1) a Mitigated Negative
Declaration under the California Environmental Quality Act ("CEQA") to analyze
potential environmental impacts associated with the Project; (2) a General Plan
Amendment to change the land use designation to Residential Low Density (7 dwelling
units per acre); (3) a Zoning Map Amendment to change the zoning designation to
Residential Low Density; (4) a Tentative Tract Map to subdivide the Property; and (5) a
Conditional Use Permit to permit the development of a 81-unit, single-family
subdivision as a planned unit development.
B. On December 19, 2012, Save Our Field filed a lawsuit against the
City in Orange County Superior Court ("Court"), Case No. 30-2012-00619735-CU-PT-
CXC, naming TRI Pointe Homes, LLC, as a real party in interest, challenging certain
actions taken by the City to approve the Project. On February 6, 2013 and April 24,
2013, Save Our Field filed amended petitions for writ of mandate and complaints for
injunctive and declaratory relief with the Court (the December 19, 2012, February 6,
2013, and April 24, 2013 Petitions for Writ of Mandate and Complaint for Injunctive and
Declaratory Relief are collectively referred to herein as the "Action').
C. The Action alleges violations of the "State Planning and Zoning
Laws" (Gov. Code, §§ 65000, et seq.), the Subdivision Map Act (Gov. Code, §§ 66410, et
seq.), the California Environmental Quality Act (Pub. Resources Code, §§ 21000, et
seq.), the CEQA Guidelines (Title 14, Cal. Code Regs., §§ 15000 et seq.), and "Measure
C."
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D. On January 30, 2013, TRI Pointe Homes, LLC, converted to TRI
Pointe Homes, a Delaware corporation, pursuant to Title 8, section 265 of the Delaware
Code.
E. By this Agreement, it is the intent of the Parties to fully resolve all
disputes in their entirety between the Parties arising out of, and in connection with the
Property, Project and Action in the manner provided herein.
For good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, without acknowledging the validity of the claims alleged, and
without admitting any liability on any claims raised in the Action, and in an effort to
avoid the expense of further litigation,it is agreed between the Parties as follows:
SETTLEMENT TERMS
1. Payment& Project Amendment.
(a) Following the Court's approval of Save Our Field's dismissal with
prejudice of the Action in its entirety, as set forth in Section 2(a)below, and TRI Pointe's
receipt of final, valid approvals for the Amended Project, as defined and set forth
further in Sections 1(b), 1(e) and 2(a) below, TRI Pointe shall pay Save Our Field's
attorney's fees, litigation expenses and costs by delivering to Save Our Field a payment
in the total amount of Thirty Thousand Dollars ($30,000) (the "Settlement Payment").
Save Our Field shall receive no additional compensation or reimbursement as part of
this settlement. The Settlement Payment shall be in the form of a cashier's check and
delivered to the address listed for Save Our Field in Section 10 below made out to
, or, in the alternative, the Settlement Payment may be paid by wire
transfer by wiring funds in accordance with the wiring instructions attached to this
Agreement as Attachment 1.
(b) TRI Pointe shall file. an application with the City to administratively
approve an amendment to the Project to remove one single-family home, thereby
creating a 80-unit, single-family subdivision (the "Amended Project") in substantially
the form of the site plans attached hereto and incorporated herein by reference as
Attachment 2. The Amended Project application shall reflect that Project Lot 37, as
depicted on the original Project site plan attached hereto and incorporated herein by
reference as Attachment 3, is eliminated as a developable residential lot and replaced
with a private open space lot ("Open Space Lot"). The following additional revisions
shall be included in TRI Pointe's Amended Project application, as depicted in
Attachment 2:
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1) Affected Project Lots:
a) Original Project lots 36-41 have been revised to become lots 36-40.
b) Original Project lot 37 has been eliminated as a developable residential lot.
c) A new open space lot has been created at the northwest corner of the site.
d) Remainder lots have been slightly reconfigured as outlined below.
2) New Open Space Lot:
a) The original Project lot 37 has been eliminated along with removing the
home originally planned on it.
b) In place of the original Project lot 37 an open space lot has been created.
c) The southern boundary of the new open space lot has been relocated
approximately five feet further south than the previously approved
Project lot 37's southern boundary,which is approximately 16 feet south
of the southeasterly corner the existing City owned walkway easement,in
order to maximize visibility from the Project street and sidewalk to the
existing walkway and new public access walkway.
d) The new five-foot concrete public access walkway on the Property has
been aligned with the approximate centerline of the adjacent existing
walkway, and has been designed to traverse the new open space lot west
to east to a point at which it has been angled southeasterly to tie into the
sidewalk at the cul-de-sac of the Project.
e) Ground cover,shrubs and trees will be planted on the south side of the
public access walkway on the open space lot between the slumpstone
block wall of the new lot 37.
f) Ground cover, shrubs and trees will be planted on the north side of the 5-
foot public access walkway on the open space lot between the existing
adjacent neighbors.
g) The new five foot wide public access walkway on the open space lot will
be designated as and placed within a 10-.foot wide public access easement.
h) The Project's HOA will maintain the public access walkway and open
space lot landscaping.
i) The landscaped areas of the open space lot shall be privately owned by
the HOA and not allow for public use for public safety reasons.
j) No turf or seating have been provided and landscape plant varieties will
be planted so as to discourage or prevent the use of this area of the new
open space lot for public safety reasons.
3) New Lot 36:
a) The westerly side yard property line of the new lot 36 has been angled
and flared to the rear of its lot creating a larger lot in order to reduce the
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amount of the area within the new open space lot that would have to be
maintained by the HOA.
b) The plan 2R that was originally plotted and approved as part of the
Project has been rotated instead to become a plan 2 so that the covered
patio area of the home is oriented to the larger side of the flared pie-
shaped yard but,more importantly, so that second story primary and
secondary windows are more effectively placed and oriented toward the
open space lot in order to maximize visibility.
4) New Lots 37-40:
a) These lots and the homes plotted on them have been shifted
approximately five feet to the south in order to open up and maximize the
visibility of the open space lot and the public access walkway from the
project's private street cul-de-sac and sidewalk.
b) Lots 36 through 39 retain the same five-foot side yards as those on the
originally approved Project.
c) Lot 40 has been narrowed by five feet reducing its side yard adjacent to
the City park from a 15-foot setback to a 10-foot setback.
5) New Lot 37:
a) The Plan 3 on the original Project lot 37 has been moved to the new lot 37
of the Entitlement Plan Amendment and rotated to become a Plan 3R in
order to orient more second story primary and secondary windows
toward the open space lot to maximize visibility.
b) The Plan 2 that was on the original Project lot 38 has been eliminated.
(c) In the event of a default under this Agreement or an appeal or challenge
to the Amended Project by any party, TRI Pointe may withdraw the Amended Project
application, in its sole and absolute discretion, as set forth in more detail in Section 1(e)
below.
(d) City shall process an entitlement plan amendment for approval of the
Amended Project application in accordance with section 241.18 of the City Zoning Code
(a request for changes to plans which will not affect a condition of approval).
Additionally, City may process the vacation,quitclaim or abandonment of the easement
identified as a 15-foot Walkway on Sheet 5 of 7 on Tract No. 4035 Map that is located
adjacent to the Property and new Open Space Lot ("Easement"), and further described
on Attachment 4 attached hereto and incorporated by reference herein, and transfer
Easement ownership and maintenance responsibilities to the development's HOA. In
the event the City vacates, quitclaims or abandons the Easement, TRI Pointe shall cause
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the development's HOA to accept and maintain the Easement upon reasonable and
customary terms and conditions.
By agreeing to process the entitlement plan amendment, the City retains its
discretion to approve, deny, or otherwise condition the entitlement plan amendment.
(e) Save Our Field and its owners, officers, officials, members, assignees,
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ffiliated entities, employees, agents, directors, attorneys, and authorized volunteers
shall not appeal, challenge or oppose in any way, including but not limited to
requesting new or amended conditions of approval, the Amended Project or the
Amended Project approvals, including but not limited to any future governmental
approvals that may be recommended,necessary or required for the Amended Project or
the Amended Project approvals, or that relate in any way to this Agreement or the
obligations contained herein. An appeal, challenge, action, claun, opposition or lawsuit
brought by Save Our Field shall include any attempt by Save Our Field or its owners,
officers, officials, members, assignees, affiliates, employees, agents, directors, attorneys
and/or authorized volunteers to pay or otherwise engage a third-party to bring an
appeal, challenge, claim, action, opposition or lawsuit in an attempt to challenge the
Amended Project and/or Amended Project approvals, or future discretionary
approvals for the Amended Project and/or Amended Project approvals, or request new
or amended conditions of approval. Save Our Field and its owners, officers, officials,
members, assignees, affiliated entities, employees, agents, directors, attorneys, and/or
authorized volunteers shall not participate in or encourage any activity for the purposes
of, or in relation to, the filing or submission of any other challenge(s), appeal(s),
complaint(s), or opposition(s) in connection with the Amended Project and the
Amended Project approvals, including but not limited to requesting new or amended
conditions of approval.
(f) Save Our Field shall actively support the Amended Project and the
Amended Project approvals. Such support shall include, but not be limited to,
submitting written correspondence to the City and/or appearing before the City in
support of the Amended Project and the Amended Project approvals.
(g) The Parties understand and agree that if there are any challenge(s),
appeal(s), action(s), claims(s), complaint(s), or opposition(s), regardless of whether
such is brought by Save Our Field or any other individual, group, organization, or
entity, in connection with the Amended Project application, the Amended Project itself,
and/or the Amended Project approvals, including but not limited to any future
governmental approvals that may be recommended or that are necessary or required
for the Amended Project or the Amended Project approvals, or the provisions and
obligations of this Agreement, or that relate in any way to this Agreement or,the
obligations contained herein (unless same relates to the enforcement of this Agreement),
or if new or amended conditions of approval not contemplated by this Agreement in
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Section 1(b) above are imposed on the Amended Project and/or the Amended Project
Approvals, or if the Parties do not fully perform the obligations and meet the
requirements contained herein, or if TRI Pointe does not receive a valid, final approval
of the Amended Project from the City (meaning that all applicable appeal and challenge
periods have run and no challenge(s), appeal(s), action(s), or claims(s) have been
brought) on terms satisfactory to TRI Pointe, TRI Pointe shall have the right, in its sole
and absolute discretion, to withdraw the Amended Project application, terminate this
Agreement and all rights, duties, obligations and releases contained herein, without
liability, damages or other relief, and to proceed with the Action.
2. Dismissal of Action and Releases.
(a) Dismissal of Action. Within three (3) business days of written
notice from the City and TRI Pointe that the Amended Project approvals have been
granted, issued or otherwise enacted by the City on terms satisfactory to TRI Pointe, in
its sole and absolute discretion, and that the Amended Project approvals are final (all
applicable appeal and challenge periods have run and no challenge(s), appeal(s),
action(s), claims(s), complaint(s), or opposition(s) have been brought (unless TRI Pointe
determines, in its sole and absolute discretion, to not withdraw the Amended Project
application and terminate this Agreement in light of such challenge(s), appeal(s),
action(s), claims(s), complaint(s), or opposition(s))), Save Our Field shall provide TRI
Pointe with a signed request for dismissal of the Action in its entirety, with prejudice,
("Dismissal") for TRI Pointe to file with the Court. The form of the Dismissal is
attached hereto and incorporated herein as Attachment 5. TRI Pointe or the City shall
file the Dismissal with the Court within three (3) business days of receipt of Save Our
Field's signed Dismissal.
(b) Mutual Release. Except for the rights and obligations created or
reserved by this Agreement, and provided this Agreement is not terminated as set forth
in Section 1(e) above, the Parties hereby release, acquit, and forever discharge each
other and each other's current and former owners, officers, officials, members,
assignees, affiliated entities, employees, agents, directors, attorneys, and authorized
volunteers from any and all claims, demands, damages, sums of money, costs,
expenses, actions, rights, causes of action, appeals, agreements, promises, obligations,
liabilities, and all other liability of any kind or nature whatsoever whether direct or
indirect, known or unknown, suspected or claimed, fixed or contingent, liquidated or
unliquidated, which the Parties have had,now have, or may hereafter have against each
other arising from the Action, the Project, the Amended Project, the Amended Project
approvals, the Property, or any aspects of the Action, the Project, the Amended Project,
the Amended Project approvals and the Property.
The Parties hereby represent and warrant that in executing this Agreement, they
do so with the full knowledge of any and all rights which they may have with respect to
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all Parties released hereby. Except as expressly set forth in this Agreement, the Parties
hereto acknowledge that they have not relied upon any representations or statements
made by any Party hereto, or their respective agents, or any other representative, with
regard to any of the facts involved in the matters referred to in this Agreement. The
Parties acknowledge that they are executing this Agreement after independent
investigation and consultation with their respective legal counsel, and without fraud,
duress, or undue influence. The Parties hereby waive any rights which they may have
under Civil Code section 1542,which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETT MENT WITH THE DEBTOR."
TRI Pointe Ay The Lamb School SaveOurField.Org
initials initials Neighborhood Save initials
Our Field Committee
initials
By initialing this section, the Parties acknowledge they are aware of the release
contained herein and have consulted with their legal counsel about the foregoing, and
agree to such waiver.
3. No Other Claims or Actions Filed. The Parties represent, warrant, and
covenant that, other than the Action, they have not filed,have as pending or threatened,
reported or otherwise initiated against the other any civil, criminal or administrative
charge, complaint, report or claim with any governmental entity, or instituted any civil
litigation in any state and/or federal court with respect to the Action,Project, Amended
Project, Amended Project approvals or Property. If any such proceeding or claim has
been filed,reported, initiated or submitted, or has pending or threatened,any such civil,
criminal or administrative charge, complaint, report, claim or civil litigation which has
not previously been disclosed, the filing/reporting/initiating Party shall, within two (2)
business days of the date of this Agreement, (i) disclose in writing to the other Party
each such charge, complaint, report, claim or civil litigation, (ii) promptly effectuate the
withdrawal, closure and/or dismissal, with prejudice, as appropriate, of such charge,
complaint, report, claim or civil litigation within ten (10) calendar days of the date of
this Agreement, and (iii) provide written confirmation confirming that such charge,
complaint,report or civil litigation has been so withdrawn, closed and/or dismissed.
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all Parties released hereby. Except as expressly set forth in this Agreement, the Parties
hereto acknowledge that they have not relied upon any representations or statements
made by any Party hereto, or their respective agents, or any other representative, with
regard to any of the facts involved in the matters referred to in this Agreement. The
Parties acknowledge that they are executing this Agreement after independent
investigation and consultation with their respective legal counsel, and without fraud,
duress, or undue influence. The Parties hereby waive any rights which they may have
under Civil Code section 1542,which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR."
TRI Pointe City The Lamb School SaveOurField.Org
initials initials Neighborhood Save initials
Our Field Committee
initials
By initialing this section, the Parties acknowledge they are aware of the release
contained herein and have consulted with their legal counsel about the foregoing, and
agree to such waiver.
3. No Other Claims or Actions Filed. The Parties represent, warrant, and
covenant that, other than the Action, they have not filed,have as pending or threatened,
reported or otherwise initiated against the other any civil, criminal or administrative
charge, complaint, report or claim with any governmental entity, or instituted any civil
litigation in any state and/or federal court with respect to the Action, Project, Amended
Project, Amended Project approvals or Property. If any such proceeding or claim has
been filed, reported, initiated or submitted, or has pending or threatened, any such civil,
criminal or administrative charge, complaint, report, claim or civil litigation which has
not previously been disclosed, the filing/reporting/initiating Party shall, within two (2)
business days of the date of this Agreement, (i) disclose in writing to the other Party
each such charge, complaint, report, claim or civil litigation, (ii) promptly effectuate the
withdrawal, closure and/or dismissal, with prejudice, as appropriate, of such charge,
complaint, report, claim or civil litigation within ten (10) calendar days of the date of
this Agreement, and (iii) provide written confirmation confirming that such charge,
complaint,report or civil litigation has been so withdrawn, closed and/or dismissed.
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4. No Transfer of Claims. The Parties represent and warrant that they have
not transferred or assigned to any person or entity, any of the released claims set forth
in Section 2 above.
5. No Action on Released Claims. The Parties hereby covenant that the
Parties will not hereafter initiate any action or complaint against any person or entity,
based,in whole or in part,on the released claims set forth in Section 2 above.
6. Assuming the Risk. Upon entering this Agreement, each Party assumes
the risk of mistakes, and if any Party should subsequently discover that its
understanding of the facts or law was incorrect, such Party shall not be entitled to set
aside this Agreement or any portion of it by reason thereof, or be entitled to recover any
damages or obtain any other relief, or be entitled to any offset or recoupment by reason
thereof. This Agreement is intended to be final and binding by and among the Parties
regardless of any mistakes of fact or law, and any claims based upon any such mistakes
shall not be actionable.
7. Material Inducement; Survival of Representations and Warranties. The
Parties, individually and collectively, hereby acknowledge and agree that the
representations and covenants contained in this Agreement are material inducements
for each of them to enter into this Agreement. All representations and warranties
contained in this Agreement shall survive its execution and the execution of any other
documents required to be executed and delivered in accordance with the Agreement,
but not the termination of this Agreement.
8. Legal Advice and Authority. The Parties warrant, represent and agree
that in executing this Agreement, they do so with full knowledge of their rights, having
had full opportunity to do whatever investigation they desired, and after having
received independent legal advice from attorneys of their choosing with respect to all
rights which are herein settled.
9. Attorneys' Fees; Litigation Expenses; and Costs. Each Party to this
Agreement shall bear its own attorneys' fees, litigation expenses and costs incurred
with respect to the preparation of this Agreement and the Action, except as expressly
set forth in Section 1(a) herein. In the event legal action arises by reason of any
controversy claimed in a dispute relating to this Agreement, its interpretation, or the
failure of any Party to perform its obligations hereunder, the prevailing Party in such
action shall be entitled, in addition to damages, injunctive relief or any other relief,to (i)
costs, and(ii) its reasonable attorneys' fees and expert witness fees.
10. Notice. In the event notice is required under this Agreement, notice shall
be made by personal service or reputable overnight mail service. All notices shall be
sent to the following:
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To TRI Pointe: To the City of Huntington Beach:
TRI Pointe Homes City of Huntington Beach
19520 Jamboree Road,Suite 200 P.O. Box 190
Irvine, CA 92612 2000 Main Street
Attn: Tom Grable,Vice President of Huntington Beach, CA 92648
Project Management Attn: City Manager
With a copy to: With a copy to:
Michael L. Tidus,Esq. Jennifer McGrath,Esq.
Gregory P.Powers,Esq. Scott Field,Esq.
Jackson, DeMarco,Tidus, &Peckenpaugh City of Huntington Beach
2030 Main Street,Suite 1200 P.O. Box 190
Irvine,CA 92614 2000 Main Street
Huntington Beach, California 92648
To The Lamb School Neighborhood Save
Our Field Committee&SaveOurField.Org:
With a copy to:
Lawrence J. Hutchens, Esq.
Kalman A. Hutchens, Esq.
Attorneys at Law
9047 Flower Street
Bellflower,California 90706
11. Authority to Enter Agreement. The Parties warrant that they have the full
authority to enter into this Agreement. Where applicable, all corporate, organizational
or other action necessary to authorize such execution has been taken and completed.
The signatory of each Party to this Agreement has the full right and authority to commit
and bind each respective Party, and all members and/or individuals related thereto, to
the fullest extent of the law.
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12. Governing Law, Venue. The Parties hereby agree that this Agreement is
made, executed and entered into, and is intended to be formed within the State of
California and that this Agreement is to be interpreted and enforced under the internal
laws of the State of California without reference to choice of law or conduct of law
provisions. Venue shall be in the County of Orange.
13. Counterparts. This Agreement may be executed in counterparts
(signatures may be by facsimile), each of which is hereby declared to be an original. All,
however, shall constitute but one and the same Agreement. In any action or
proceeding, any photographic or other copy of this Agreement may be introduced into
evidence.
14. Binding. This Agreement shall inure to the benefit of and be binding
upon the heirs, representatives, predecessors, successors, and assigns of each of the
Parties.
15. Complete Agreement. This Agreement contains the entire agreement and
understanding concerning the subject matter herein and supersedes and replaces any
and all prior negotiations and agreements between the Parties or any of them, whether
written or oral. Each of the Parties acknowledges that no other party or agent or
attorney of any other Party hereto has made any promise, representation, or warranty,
express or implied, not contained herein, concerning the subject matter hereof, to
induce any other Party hereto to execute this Agreement, and each Party hereto
acknowledges that it, he, or she has not executed this Agreement in reliance on any
such promise or representation or warranty not contained in this Agreement.
16. No Waiver. A waiver by one Party of a breach of any provision of this
Agreement by any other Party hereto shall not operate or be construed as a waiver of
any subsequent breach by such other Party.
17. Severability. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid under law, each such provision can be severed
without invalidating the entire Agreement.
18. Neutrality. This Agreement is the product of negotiations and was
drafted by all Parties; therefore, it shall not be construed in favor of or against any
particular Party.
19. Modification. No supplement, modification, amendment or change in any
terms of this Agreement shall be binding on the Parties unless in writing and executed
by the Parties.
20. No Third Party Beneficiaries. Unless expressly stated herein, this
Agreement is entered into for the sole benefit of the Parties, and no other parties are
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intended to be direct or incidental beneficiaries of this Agreement and no third party
shall have any right in,under or to this Agreement.
21. No Admission of Liability. This Agreement is entered into by the Parties
solely for the purpose of compromising and settling the matters in dispute under the
Action. This Agreement, and the actions undertaken and statements made in
connection with this Agreement, do not constitute, nor shall it be construed to be, an
admission of liability or wrongdoing, directly or by implication, of the truth or validity
or scope of any claims or assertions made by any Party.
22. Headings. The headings of this Agreement are for reference purposes
only and shall not affect in any way the meanings or interpretations of this Agreement.
23. Time is of the Essence. Time is of the essence in all aspects of the
performance of the obligations hereunder.
The City of Hun ' gton Beach,
a municipal coXnBy: /
Name: ,aFred Wilson
Its: City Manager
Date: August 8, 2013
ATTEST:
Ci flerk U
APPROVED AS TO FORM:
C Attorney
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TRI Pointe Homes, Inc.,
a Delaware corporation
By:
Name:
Title:
The Lamb School Neighborhood Save Our Field Committee, a grass roots citizen's
committee
By:
Its:
SaveOurField.Org, a non-profit 501(c)(3) organization
By:
Gam+
Its: z'y1
12
TRI Pointe Homes,Inc.,
a Delaware corporation
By:
Name: Thomas J. Mitchell
President
Title:
The Lamb School Neighborhood Save Our Field Committee,a grass roots citizen's
committee
By:
Its:
SaveOurField.Org, a non-profit 501(c)(3) organization
By:
Its:
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ATTACHMENT 1
(Wiring Instructions)
13
ATTACHMENT 2
(Site and Landscape Plans for Amended Project)
14
REVISE® SITE PLAN FOR SETTLEMENT AGREEMENT
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SCALE: 1"=40' CITY PARK-NAP
V*DEN & REVISE® SITE PLAN FOR
SOCIATES SETTLEMENT AGREEMENT
CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS
2552 WHITE ROAD,SUITE B-1RVINE,CA 92614-6236 Date:6/25/2013
(949)660-0110 FAX:660-0418
MELALEUCA,
PLATANUS, OR
- -- QUERCUS
(CANOPY TREE)
�. ' TRISTANIA OR
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37 I ' GARDEN OF
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FAIRWIND (Between Lots 36 & 37)
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Private Open Space Lot with
Public Access Walkway
FA/RW/ND (Between Lots 36 & 37)
Pointe --
�i o ni ES. INC. June 26,2013
ATTACHMENT 3
(Original(Approved)Project Site Plan)
15
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_FORMER LAMB SCHOOL SITE CA_
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TECHNICAL SITE PLAN
OmPointe
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ATTACHMENT 4
(Depiction of Pedestrian Access Easement Identified as a"Watkwa "on Sheet 5 of 7 of
Tract No.4035 Map,to be Transferred to H®A
I
16
Portions of the map of Tract No. 4305, in the City of Huntington Beach, recorded
in Book 164, pages 12-18 of Miscellaneous Maps of Orange County Records.
A portion of Sheet 5 of 7 of Tract No.4350 indicating 15'walkway to be dedicated to the City of
Huntington Beach. z 0 z
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1 C 15'Walkway dedicated on o,
Sheet 5 of 7 of Tract No.4035
Map # d
ti68`EE19E 488'ill Do d0'1"E
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3Q �� �... A86°4Q15"E 170,8C 30 R w
tO.ID IGQ.Dp, I: fi NE8'd0'19`E
Offer of Dedication of 15' Walkway to the City of Huntington Beach.
We, the undersigned, being all parties having any record title interest in the
land covered by this map do hereby consent to the preparation and recordation
of said map as shown within the blue colored border line and we hereby offer
for dedication: 111PIELI IVEUA 1 Kit MU IUVE , MtIKA1 02111E I pul 021VE
KUICul G2111 I Q200KMLRSI STREET KIPANULu LAaE (IMUEIA 02111E I WILAWA
RIVE I1111A LINE 1 MAA Li
41 Y12KT711N JENUE Z �•E. : •S: 'tt
STREET NIMES; k4) WE NEMY :E; :V! A.- /:Nl:u�at l::'SS
AVExar, T:tC.;r' 4ES' ' :4: 3t::c-DES' S*UV E�.E S'2EY
ail' '°t. 93,A? LQ.6! T: rlt :'! E'r ZA'Ik�%V S V.: a00 >'4? ;tiby
7E9t:4:E ''dE !Ak !RR`( SEIEt ST�'EN AY9 IOQ'.t':n��;ES li: '�E y.�ElT t rrA'R : S'
RIh:Tti01i SiSTE>d 447 AOPUtTENAKt6S 4S S�9WK ?4 T4E ,v7E1�EVE1' 7,f\s '" ''E ' •rWN
�Nk?SL TtE iE6 ATED 1:7. ,F'".( a;4.5•n►t
Ali' WE AEiEA1 )E7':ATE .wE �' :►.SEK'•Es.. ;Pit '311AUE ).RKM
T: *;E E ?T 1; ;j4Ti4ETEY
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Acceptance of Dedication of 15'Walkway to the City of Huntington Beach.
State of California )
County of Orange ) as.
City of Huntington Beach )
I, Paul C. Jones, City Clerk of TA City of Huntington Beach, do hereby certify that
this map was presented for approval to the City Council of 1AL City of Huntington Beach
at a regular meeting thereof held on the Z Lb day of J,,vr 1962, and that
thereupon said Council did by an order duly passed and entered, approve said map and
did accept (in behalf of the public the offer of dedication of:GAAFIELD AVENUE 1 Mi1W )Zoo .
PUA DRIVE S KJKU1 DziiE S 1120049dRST SMET y Y.LPMLA LANE I K►MJELA DRIVE , NALAWA
D¢IYE DLANA LANE 11 M►UNA SANE VORK%O(N AVENII (1,N. "1+ • R:¢ ?•3'• 'CSC :{¢
S'EEi' )�.tJJSES qK4 D D it{tEiT 4ll VEN',E'u�ga gIlE55 l.6NT5 tld4b @It it-6) IY M ,I IRTQ'Mtt IViY:E W
61H(.*E'iST STtEjT E(EEDT STREET NTE¢SEtT'10 W WEPT T1, LOTS ! N,ISl TRLU .53
Al q4) Ill 0 DE'UTEO, qh0 )ID o,(tVT ThE S1WkRY SEWE¢ MIN qND g7�oRTEraN(E5, A5) TUE
DJMJEST;t WhIL ';Y SYSTEM 4N) AUJU NUM, qk) TwE S ijt;tU WATH URIS AS m "iTE:.
LWD J.D q,VT !A I MEVE0 ;It )tkt4W )APISES AS DEDIGTEDj AND X WOT THE •S' WILXf t'1
iS tE).:M'ED
ATTACHMENT 5
(Form of Dismissal of Court Action with Prejudice)
1159756.1
17