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HomeMy WebLinkAboutRedevelopment Agency - Report of Action out of Closed Sessio (4) November 20, 2000 -Council/Agency Agenda - Page 4 The City Council and the Redevelopment Agency of the City of Huntington Beach will regularly convene in joint session for the purpose of considering the following City Council-Redevelopment Agency Agenda Items. The Huntington Beach Parking Authority, Civic Improvement Corporation, and the Huntington Beach Public Financing Authority are also agencies on which Council serves as members. On each Agenda these Agencies may have items scheduled. 7:00 P.M. -Council Chamber Reconvene City Council/Redevelopment Agency Meeting ** The City Attorney Shall Determine If Any Actions Taken By The City Council or Redevelopment Agency In Closed Session Shall Require A Reporting On Those Actions As Required By Law (Government Code§54957.1(a) (3) (B)). (City Council) City Attorney's Report of Action Taken by the City Council in Closed Session on October 16, 2000 (Pursuant to Government Code§54957.1(a) (3) (B))—Instructed City Attorney not to Request PUC (Public Utilities Commission)for Reconsideration of So Cal Water Company's Application to Provide Water and Waste Water System Services to Hearthside Home's Bolsa Chica Mesa Project (120.80) The City Attorney will announce that Council voted on a closed session item: On Monday, October 16, 2000, the City Council convened in closed session to discuss the Matter of the Application of Southern California Water Company(U133W)for a Certificate of Public Convenience and Necessity Pursuant to California Public Utilities Code Section 1001 to extend its West Orange County System to the Bolsa Chica Planned Community, Application 98-11-003; and Related Waste Water System Application. City Council voted to instruct the City Attorney not to request the PUC (Public Utilities Commission)to reconsider its decision authorizing Southern California Water to provide water and waste service to Hearthside's Bolsa Chica Mesa project. The Council voted as follows-Ayes: Julien, Garofalo, Green, Dettloff, Bauer. Noes: Sullivan and Harman. (1) City Attorney announced above Report of Action Taken (2) City Attorney announced Action approving Amwest Settlement Agreement -Amwest v. City submitted on 11-06-00 (4-2-1 Bauer, Sullivan No; Harman absent) (3) City Attorney announced Report of Action taken out of Closed Session: On Monday, 11120100 the City Council convened in Closed Session to consider whether to initiate litigation against the California Coastal Commission over a suspension letter issued by the Commission regarding the City's approval of Coastal Development Permit No. 97-15. (1) Approved the Settlement Agreement(2) Authorized the Mayor Pro Tem/Chairman Pro Tem to execute the Settlement Agreement and Deed Restriction on behalf of the City/Agency (3) Authorized the recordation of the Deed Restriction as set forth in the Settlement Agreement. (5-0-2 Harman, Garofalo absent) Roll Call Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer [Present- Harman absent] Flag Ceremony and Pledge of Allegiance- Maureen Rivers - H.B. Fourth of July Executive Board Invocation - Councilmember Dave Sullivan ,•. A _ J� CITY OF HUNTINGTON BEACH Inter-Department Communication TO: Connie Brockway, City/Agency Clerk c. FROM: Gail Hutton, City Attorney/Agency General Counsel =..-t c-% _ DATE: September 21, 2001 SUBJECT: Review of Recorded Deed Restriction ' RLS 2001-0238 ro BACKGROUND On November 20,2000, the City Council and Redevelopment Agency approved a settlement agreement concerning a dispute with the Coastal Commission over a portion of the property subject to the Waterfront DDA. As part of the settlement, the Council/Agency authorized the recordation of a deed restriction on a portion of the property. The deed restriction was executed by the Mayor/Chairman Pro Tern and recorded as specifically authorized by the Council/Agency on November 20, 2000. Conformed copies of the deed restriction were then forwarded to the.Coastal Commission, along with a preliminary title report. The preliminary title report was issued to provide evidence to the Coastal Commission that the deed restriction had, in fact,been recorded. Upon your inquiry, the Coastal Commission provided you with a certified copy of its copy of the deed restriction, and you noticed that on the Coastal Commission's copy, some words were crossed out of the title, some hand written notations were made to the document, and a disclaimer stamp from the title company was affixed to the document. ISSUES What is the legal effect of the changes that appear on the copy of the deed restriction that was provided to you by the Coastal Commission? When will a final title report will be issued? ANSWERS Although the document sent to you by the Coastal Commission may in fact be a correct copy of the document that is in the Coastal Commission's file, it is not a correct copy of the document that was recorded. We have obtained a certified copy from the County Recorder of the original document that was recorded. It is attached hereto as Attachment No. 1. 1 4-2000Memos:City Clerk—Review of Deed Restriction RLS 2001-0238 Our examination of the official, certified copy of the document from the Recorder's office reveals that the title of the document as recorded was not changed from the document approved by the Council/Agency. The changes to the title of the copy of the document sent to you by the Coastal Commission were apparently made by the Coastal Commission, only to their copy, after the document was recorded. These changes have no legal effect. The handwritten notes on the document sent to you by the Coastal Commission do not appear on the official version, and were apparently written only onto the Coastal Commission's copy. This action has no legal effect. The standard disclaimer stamp applied by the title company to the original recorded document is affixed to indicate that the title company is merely recording the document-as a service to the property owner, and that the title company has not reviewed the document for its potential legal effect. This stamp has no legal effect on the operation of the deed restriction itself. As to the preliminary title report, my understanding is that it was issued to provide evidence to the Coastal Commission that the document had been recorded. I do not believe that there are any plans on behalf of the City/Agency to obtain a final title report at this time, except as may be required pursuant to the transfer of the site to the developer pursuant to the DDA. If you have any further questions regarding this issue, please contact me at your earliest convenience. T GAM HUTTON 9/7-'/0j City Attorney/Agency General Counsel cc: Honorable Mayor/Chairman and City Council/Agency Members Ray Silver, City Administrator/Executive Director David Biggs, Director of Economic Development/Deputy Executive Director Howard Zelefsky, Planning Director Attachments: 1. Certified copy of deed restriction from Recorder's Office 2. City Clerk's original transmittal to City Attorney dated 3-29-01 2 4-2000Memos:City Clerk—Review of Deed Restriction RLS 2001-0238 I This document was electronically recorded by First American Title Insurance Company FWW3=07=MARA'" `. Recorded in Official Records,County of Orange 111111111111111111111111111 1 ������������������� 1111i Recorder RECORDING REQUESTED BY �4NO F E E AND WHEN RECORDED MAIL TO: jD BY 20000689469 04:30pm 12/19/00 1TIviAIL TO: 121 15 S 13 15 CALIFORNIA COASTAL COMMISSION.MAIL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 45 Fremont Street, Suite 2000 COMMISSION San Francisco, California 94105-2219 )00 Attention: Legal Division -4105-2219 (Space Above For Recorder's Use Only) SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT is entered into as of this —day of November, 2000, by THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a Public Agency ("Redevelopment Agency"), THE CITY OF HUNTINGTON BEACH, a charter city ("City"), THE WATERFRONT HOTEL, LLC, a California limited liability company ("Waterfront"), Robert L. Mayer, as trustee of the ROBERT L. MAYER TRUST OF 1982, dated June 2, 1982 ("Mayer Trust"), and MAYER FINANCIAL, LTD., a y' California limited partnership ("Mayer Financial") (the Redevelopment Agency, the City, Waterfront, the Mayer Trust, and Mayer Financial may hereinafter be referred to collectively as the "Subordinating Parties"), with reference to the following facts: � is the current fee owner of that certain real A. The Redevelopment Agency property located in the City of Huntington Beach, County of Orange, State of California, as more particularly described on Exhibit "A", attached hereto and incorporated herein by reference (the "Property"), a portion of which Property includes an area commonly referred to as the "Degraded Wetland Area", as more particularly described on Exhibit "B", attached hereto and incorporated herein by reference. B. On or about April 28, 1989, the Redevelopment Agency and the Mayer Trust, predecessor in interest by assignment to Mayer Financial, executed that certain unrecorded Lease (the "Lease"), as evidenced by that certain Memorandum of Lease, recorded on April 28, 1989, in the official records of the County of Orange, State of California ("Official Records") as Instrument No. 89-225547 (the "Memorandum of Lease"), whereby the Redevelopment Agency leased .to the Mayer Trust and the Mayer Trust leased from the Redevelopment Agency that certain real property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Lease. The real property encumbered by the Lease may or may not affect the Degraded Wetland Area. C. On -r about September 21, 1998, the City, Mayer Financial, and Waterfront executed that certain Amended and Restated Development Agreement ("Development Agreement"), recorded on October 21, 1998, in the Official Records as Instrument No. 19980711512, and re-recorded in the Official Records on December 7, 1998, as Instrument No. 19980838602, which Development Agreement encumbers the Degraded Wetland Area and other real property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Development Agreement. 615/019740-0003 THIS INSTRUMENT FILED FOR RECORD BY 134050.02 a11/12/00 FIRST AMERICAN TITLE INSURANCE COMPANY AS AN ACCOMMODATION ONLY. IT HAS NOT BEEN EXAMINED AS TO ITS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE i— r This certifies that t?,a ^ ,t ri,l c�atain?d herein is a t;. = co-I of mat rirl C.1 C4;i :ar,� a ;caStal Ccmmis�. n and i cusLAy of said Commission. /� By: Gh _ Title: �- c Date: D. On or about September 14, 1998, the Redevelopment Agency and Mayer Financial executed that certain Amended and Restated Disposition and Development Agreement (the "DDA"), which DDA concerns the Degraded Wetland Area and other real property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the DDA. E. Concurrently herewith, Robert Mayer Corporation, Mayer Financial L.P., and Robert L. Mayer (collectively, "Mayer"), the Redevelopment Agency, the City, and the California Coastal Commission (the "Commission") are entering into that certain Settlement Agreement ("Settlement Agreement"), pursuant to which the Redevelopment Agency has executed in favor of the Commission that certain Open Space/Wetland Preservation and Restoration Deed Restriction dated of even date herewith (the "Restriction"), recorded on bee-, 15 2000 in the Official Records as Instrument No. C2000 O $Q 4(08 . The Restriction, among other things, limits the uses of the Degraded Wetland Area to natural open space for wetland preservation and restoration uses. F. As a condition of the Settlement Agreement, the Commission is requiring that the Restriction be recorded free of prior encumbrances that the Executive Director of the Commission determines may affect the enforceability of the Restriction. Accordingly, each of the Subordinating Parties desires to subordinate, as applicable, the Lease, the Development Agreement, and the DDA, as they may relate to the Degraded Wetland Area, to the Restriction, upon the terms set forth herein. NOW THEREFORE, in consideration of the foregoing facts and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Subordinating Parties hereby agree as follows: 1. Subordination. Each of the Subordinating Parties hereby consents to the recordation of the Restriction as an encumbrance against the Degraded Wetland Area and hereby subordinate the encumbrance of, as applicable, the Lease, the Development Agreement, and the DDA, to the extent that each of the foregoing documents may affect the Degraded Wetland Area, to the encumbrance of the Restriction. With respect to the Degraded Wetland Area, to the extent that the terms and provisions of the Restriction conflict with the terms and provisions of the Lease, the Development Agreement, and/or the DDA, the terms and provisions of the Restriction shall control; provided, however, except for the foregoing, no provision set forth herein shall be interpreted so as to impair the validity and/or the continued enforceability of the Lease, the Development Agreement, and/or the DDA. 2. Counterparts. This Subordination Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument,. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. SIGNATURES FOLLOW.] 615/019740-0003 134050.02 al1/13/00 -2- T This certifies that the m?terial contained herein is a tru;: 1110 correct COPY of material on file w::h the California Coastal Commissicn and in custody of said Commission. Title: Date: a/�7/°/ IN WITNESS WHEREOF, this Subordination Agreement has been executed as of the day and year first above written. APPROVED AS TO FORM SUBORDINATING PARTIES: AND CONTENT: GAIL HUTTON, CITY ATTORNEY THE REDEVELOPMENT AGENCY PAUL D. D'ALESSANDRO,DEPUTY OF THE CITY OF HUNTINGTON CITY ATTORNEY BEACH, a Public Agency By: y: Paul D. D'Alessandro, Attorn s for the��,Name: c f1116-00 City and the Redevelopment Agency 11-0-ao Title. F x C „p � r r 0 n CALIFORNIA COASTAL COMMISSION THE CITY OF HUNTINGTON BEACH, a charter city ]3yliiiii2LLLLL iiliiiiii11111i111111 By: 6� S4 N,+ �:1//l/llllllllll///////////////-1 Name: ��%Pr TAXI.11111111111111111111111/111/1/1/ Title: ,r„ Ad a=:ar JOHN BOWERS, STAFF COUNSEL THE WATERFRONT HOTEL,LLC, a California limited liability company By: By: C Yam• l �--e_ )hn Bowers, for Name: :aff Counsel the CALIFORNIA COASTAL Title: <<� e�,. �-- u•�c,..-��� COMMISSION r Nis certifies that the material contained herein is a ir!e :,r;7 correct copy of Robert L. Mayer, as trustK f the material on fil? ;r:" khr California Coastal ROBERT L. MAYER T UST OF Commission a n n in ,:uStUdy of said 1982, dated June 2, 1982 Commission.By: c 2 jC A wt—' MAYER FINANCIAL, LTD., I-It ellz a California limited partnership Title: " r/ 7/1 By: "1 Date: -�� Name: Title:_ CK t-�CF 1=1c 6151019740-0003 - ` 134050.02 a11/13/00 —3— GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THIS DOCUMENT READS AS FOLLOWS : NAME OF NOTARY: t'i' 16, DATE COMMISSION EXPIRES : COUNTY WHERE BOND IS FILED : l.J� COMMISSION NO: ((;t LA 53(05 MANUFACTURER/VENDOR NO: 00 A- ' PLACE OF EXECUTION-SANTA AMA DATE- FIRST AMERICAiN TITLE INSURANCE COMPANY GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THIS DOCUMENT READS AS FOLLOWS : NAME OF NOTARY: �C(.h 1 DATE COMMISSION EXPIRES : 1^ a a'a'Od' COUNTY WHERE BOND IS FILED : COMMISSION NO: O,-)-3 Jl MANUFACTURER/VENDOR NO : N N k I PLACE OF EXECUTION-SANTA ANA DATE- !�'' L�J- FIRST AMERICCAANTITLE INSURANCE COMPANY This certifies that the m3teri41 contained herein is a i c..;pjcCt copy of material on f;l"i -nia Coastal Commission of said Commission. Title: j/ ke ZL y— Date: �/� 71/ STATE OF CALIFORNIA ) ss. COUNTY OF C1 C1 GnC� ) JJ On U1 , 2q '2000 of e 6 Notary Public, b e E \ personally appeared `\ personally known to me to be the person.(, hose n4mc'is/af"ubscribed to the within instrument and acknowledged to me that e executed the same authorized capacity�i�, and that �p (s r signature(s)-on the instrument the person�,s.}-6r the entity upon behalf of which }- acted, executed the instrument. Witness my hand and official seal. i Notary Public f;Z2,8001 6"-*124" SHBLA A.ROOM [SEAL] CROW Counter IMtrCatrr�.�l017,�1 STATE OF CALIFORNIA ) ss. COUNTY OF v On 0, befo met e\\ Notary Public, personally appeared 151 personally known to me on th be the persons)- ose names is/,are-subscribed to the within instrument and acknowledged to me that Tie/ lep-executed the same ' is rkeir authorized capacity(jff�', and that b hisll signaturwf on the instrument the person( or the entity upon behalf of which the person,(s)— acted, executed the instrument. Witness my hand and official seal. Notary Public sMiA A.ROGEM This certifies that the material contlined Canrntsti°^# herein is a t;E.e ano correct cop; of [SEAL] Naiad►t county i0 � material on file with the California Coastal my cam. jon7, Commission and in custody of said Commission. A % 7 By: r'G�� X�a i`tit-a, Title; -UU 615/019740-0003 Date- 134050.02 al1/13/00 —4— STATE OF CALIFORNIA ) ss. COUNTY OF a On 1 0 , be ore me, 1 �\ , Notary Public, personally appeared per&ian4ly proved tb me on the basis of satisfactory evidence) to be the personks.)�ose namo-stFi:_sAwo suj gibed to the within instrument and acknowledged to me that e executed the same i s er/their authorized capacity(iesj,and that hi it signaturS(s)--on the instrument the personjq)- or the entity upon behalf of which the person'(.s- acted, executed the instrument. Witness my hand and official seal. a Notary Public AMA MMM CMIN 6to t0120" [SEAL] a,W C=* MirConan.BOW J01117,31M4 STATE OF CALIFORNIA ) ss. COUNTY OF On ND-r 6c�-2000, be ore me,aA&CLA}f S. !-/• IIei2,s Notary Public, personally appeared ZT e.. MRV,6e personally known to me (or proved to me on the basis of satisfactory evidence) to be the persono whose name( is/ar&subscribed to the within instrument and acknowledged to me that he/may executed the same in his/h4b4heir authorized capacityk:5), and that by his/herAheir- signatureo on the instrument the person(o or the entity upon behalf of which the person() acted, executed the instrument. _WitrgesB m hand and official seal. wm!1131M3 }� t+l�mlolaryp _Cal wft Notary Public omnaeMY o Apr 2�n'i 2 2001 r Phis certifies that the material contained herein is a true ana correct cop; of [SEAL] materiel on file ,va}: the ilit3mia Coastal Commission anc in custody of said Commission. By: � 2 Title: 615/019740 0003 _5_ Date: '2 "�'7 e 134050.02 all/13/00 STATE OF CALIFORNIA ) ss. COUNTY OF C;,;� On Ko0p.4,yjbefZ Q � 2000, before me,p6A&.2_at1 S .6�, �16Z , Notary Public, personally appeared 7j�m(JE rZT personally known to me (or proved to me on the basis of satisfactory evidence) to be the personA whose name() is/afe subscribed to the within instrument and acknowledged to me that he/sl key executed the same in his/ber-ItLei authorized capacity(4e6), and that by his/4� signature on the instrument the person( or the entity upon behalf of which the person( acted, executed the instrument. Witness my hand and official seal. DEBORAH a MUS1 - Commwon#1131023 r- 6 Notary Public—Ccgorrjo Notary Public Orange County My Comm.Expires Apr 22 2001 [SEAL] STATE OF CALIFORNIA ) ss. COUNTY OF BAN PR-K C 1 S LO ) On 1 2-) l51 DO 2000, before me, DMPA7,01/ L• 601/k7' , Notary Public, personally appeared To i+K) OW 15/LS personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. LL DEBORAH L. BOVE & Notary Public COMM. #1239052 NOTARY PUBLIC-CALIFORNIA o a SAN FRANCISCO COUNTY (his certifies that the material contained My Comm.Expires Oct. 21, 2003 herein is a tn!e and correct c;py of [SEAL] material. on 1.-, r"Afirnia Coastal Commission aoi in custody of said commission— Y: Title: 615/0 9740-000 1 3 I34050.02 al l/13/00 Date. -6- EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY [SEE ATTACHED] This cart fies that the material contained herein is a tr un ana correct ccpw of r'atifornia coastal custody of said commissir"i. By: 41-2ri Title: ' Date: ;/v,7 / EXHIBIT "A" TO SUBORDINATION 615/019740-0003 134050.02 al 1/13/00 AGREEMENT EXHIBIT 'A' the "Property" PAGE 1 OF 3 PAGES P.O.B. BEACH BLVD N coo °r�° ��CONSTRUCTION S 00'17'01" W �- AST LINE SEC 14-6-11 1052.24' ,- T.P.D.B. LINE DATA NO. DIRECTION DISTANCE / I 1� L i S 60'5759" W 30.03' z L2 S 88'4852" W 15.08' 1 cn L3 N 52'54'04" W 170.18' L4 jN 56'44'15" W 126.00' L5 N 51'02'09" W 122.87' / L6 N 56'06'20" W 45.02' cy / L7 N 11'30'02" W 20.77' L8 N 3756'06" E 15.58' '39 L9 N 52'03'54" W 34.00' L 10 S 3756'06" W 16.76' �p L 11 N 52'03'54" W 9.00' G~j L 12 N 52'03'54" W 9.00' L 13 N 3756'06" E 7.28' L14 N 52'03'54" W 34.00' W L 15 S 37*56*06" W 14.96' 11 0, L16 S 82*53'34" W 16.47' G� J L 17 N 42'18'11" E 7.52' rJ r^ r ;� rn L 18 N 4741'18" W 38.85' JkjJ&JB � r L 19 N 89'15 39" W 50.00 L9 L8 G� L 10 L� L13 L L14 �� L15 CURVE DATA LINE L16 S112 NE1/4 NUMBER DELTA RADIUS LENGTH S1/ S SEC 14-6-11 1 \ Cl 16'41'10" 94.00' 27.38' C2 21'3554" 1065.00' 401.47' OHO P C3 03*50'11" 1135.00' 76.00' 1 J r \ C4 05'42'06" 1065.00' 105.98' C5 05'33r 16» 1135.00 110.03 �' Gco QQG IVil�lh 7 J� J C6 02'48'13" 1060.00' 51.8 7' C7 05.54-17" 2452.00' 252.70' R.O.W. DEDICATED PER DOC. Z Z� gyp. RECORDED SPT. 1. 1995 AS 1100, 200' 400' %INS. NO. 95-0364748 O.R. eo, , T -1 fi J-,f\ GRAPHIC SCALE Nis certifies that the material cnotained herein is a tr;! ana -correct co0y of materi;.rl on W.3 :.tt: the- California Coastal CImmission au .n ctistody of said Commissi3n. � 1/ Ely- ,. .7, Iga 6 / Title: �"ems Date- EXHIBIT 'A' PAGE 2 OF 3 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THAT LAND SHOWN AS THE DESIGNATED REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 14, PER SAID TRACT NO. 15535; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF NORTH 89'1539" WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT NO. 15535, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE ALONG SAID WESTERLY RIGHT OF WAY SOUTH 00'17'01" WEST 1052.24 FEET TO A POINT ON THE GENERAL NORTHERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER SAID TRACT NO. 15535; THENCE ALONG SAID GENERAL NORTHERLY RIGHT OF WAY, THROUGH THE FOLLOWING COURSES, SOUTH 60'5759" WEST 30.03 FEET; THENCE SOUTH 88*48,52" WEST 15.08 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 94.00 FEET; THENCE WESTERLY ALONG SAID CURVE 27.38 FEET THROUGH A CENTRAL ANGLE OF 16'41'10" TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET, A LINE RADIAL TO SAID POINT BEARS SOUTH 15'30'02" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 326.48 FEET THROUGH A CENTRAL ANGLE OF 2113554"; THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT OF WAY THROUGH THE FOLLOWING COURSES, THENCE TANGENT TO SAID CURVE NORTH 52'54'04" WEST 170.18 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET; THENCE ALONG SAID CURVE 76.00 FEET THROUGH A CENTRAL ANGLE OF 03'50'11",• THENCE TANGENT TO SAID CURVE NORTH 56'44'15" WEST 126.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG SAID CURVE 105.98 FEET THROUGH A CENTRAL ANGLE OF 05'42'06" THENCE TANGENT TO SAID CURVE NORTH 51'02'09" WEST 122.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET; THENCE ALONG SAID CURVE 110.03 FEET THROUGH A CENTRAL ANGLE OF 05'33'16;- THENCE TANGENT TO SAID CURVE NORTH 56'06'20" WEST 45.02 FEET; THENCE NORTH 11'30'02" WEST 20.77 FEET, THENCE NORTH 3756'06" EAST 15.58 FEET; THENCE NORTH 52'03'54" WEST 34.00 FEET; THENCE SOUTH 37'56'06" WEST 16.76 FEET; THENCE NORTH 52'03'54" WEST 18.00 FEET; THENCE NORTH 3756'06" EAST 7.28 FEET: THENCE NORTH 52'03'54" WEST 34.00 FEET: THENCE SOUTH 3756'06" WEST 14.96 FEET: THENCE SOUTH 82'53'34" WEST 16.47 FEET,• THENCE NORTH 56'06'20" WEST 315.97 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1060.00 FEET, THENCE ALONG SAID CURVE 51.87 FEET THROUGH A CENTRAL ANGLE OF 02'48'13" TO A,POINT, ON-THE.:GENERAL NORTHEASTERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER DOCUMENT RECORDED: SEPTEMBER 1, 1995, AS INSTRUMENT NUMBER 95- 0384748, RECORDS_OF THE COUNTY OF ORANGE, A LINE RADIAL TO SAID POINT BEARS SOUTH 36'41'53" WEST; THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY PER SAID TRACT NO. 15535 AND CONTINUING ALONG SAID GENERAL NORTHEASTERLY RIGHT OF WAY PER SAID DOCUMENT, THROUGH THE FOLLOWING COURSES; THENCE NORTH 42'18'11" EAST 7.52 FEET: THENCE NORTH 4741'18" WEST 38.85 FEET TO THE BEGINNING OF A TANGENT i I I f t j i this certifies that the material contained herein is a try; :na carrect c- p of material on file tv;th the California Coastal Commission and ;n clustody of said Commission. By: n r ' Title: ,-.-at Date: EXHIBIT 'A' PAGE 3 OF 3 PAGES CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2452.00 FEET; THENCE ALONG SAID CURVE 252.70 FEET THROUGH A CENTRAL ANGLE OF 05'54'17" TO SAID NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14; THENCE LEAVING SAID GENERAL NORTHEASTERLY RIGHT OF WAY, ALONG SAID NORTH LINE SOUTH 89'15'39" EAST 1658.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 22.65 +/- ACRES AS SHOWN ON PAGE 1 OF THIS EXHIBIT "A". DATED THIS _ 3 DAY OF _n ovem"W b ems• 2000 �p LAND Sp9` Je1. 12131103 SELTON, XP. 12/31/03 L.S.t.S. 5347 E Jgrf !S 534� OF Nis certifies that the material contained herein is a tr?!� no correct copy of material on hle F,:,h thn r 31itarnia Coastal Comr!irz irl an,' ul WstOdy of said Commission. By: fSvL z", Title: �� �`�`' '`6k,�J v Date: EXHIBIT "B" LEGAL DESCRIPTION AND DEPICTION OF THE DEGRADED WETLANFD AREA [SEE ATTACHED] fhis certifies that the material contalneo herein is a true ana correct copy of material on file with the California Coastal Commission ana ili custody of said Commission. By: Title; Date: �/711 i EXHIBIT`B" TO SUBORDINATION 615/019740-0003 134050.02 a11/13/00 AGREEMENT EXHIBIT PAGE 1 OF 3 PAGES BEACH BOULEVARD DEGRADED ND AREA existing \ < degraded \ Nis certifies that the material contained herein is a tare ant comact cop; of materix' c,� f h I . r._ :i ..:nia Coastal Commission an;,, „i of said Commission. By., Title; X t4 /e Date; /'`7/ J GRAPHIC SCALE H�Bi� g. SUNRISE N89'15'3 "yV PAGE 2 OF 3 PAGES N89'15'39"W 50.00 P.O.B. I' LM DATA NO. DIREC710N DISTANCE ' I L 1 S 00'17'10' W 257.55' S0' L2 N 873337' W 14.00' L3 N 01'0812" E 8.59' 709. 68' L4- N 45'11'30*W 65.40' its 138' L5 N 85'23'00' W 35.27' °p w L6 S 2455'48" W 21.31' °p co L7 N 8717'23" W 48.09' L8 S 47*23051' W 104.14' I L9 S 84'57'19' W 7.30' L10 N 35*26*460 W 36.33' 3 2 01 N 2558'40" E 262.04 p^ L12 N 22*2735" W 4.50' 1 I L 13 N 46'37'29" E 23.07' o V . I L 14 N 24'21'30' E 120.69' I 2 L 15 N 83'270330 E 17.12' L 16 S 02'5537" W 92.82' I I U L 17 S 52'05'490 W 37.38' 25' 50' 100' 200' N L 18 S 25 20'52' E 21.31' Q ' L19 N 60'23'170 E 33.54' GRAPHIC SCALE L20 S 48*29'43' E 37.00' I L21 S 13'5724' W 77.40' L22 S 44'05'07" W 34.49' L23 N 56'31'38" W 21.74' L24 S 29'01'58" E 26.68' L15 L25 S 78'10'370 E M00' L26 N 33'19'31" E 98.78' L27 N 00'14'19' E 65.86' J I L28 N 8942'50" E 6.00' L2 T.}�.O.IB. �. �—COP �19,lro N i v This certifies that the material contained 1 herein is a tvv� r:, :^rr.ct c1py of Coastal w of said Commission. L25 I 1 By: fvc lrti �� far 7���v Title: v �X �G L7 f Date: 7� v°� L3 I o L EXHIBIT I, PAGE 3 OF 3 PAGES THE LAND DESCRIBED HEREIN 1S SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA;BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LOS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THAT LAND DESIGNATED AS REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14, PER SAID TRACT MAP; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF, NORTH 89'15'39" WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT MAP, THENCE ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17'01" WEST 681.85 FEET TO THE TRUE POINT OF BEGINNING: THENCE, CONTINUING ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17'10' WEST 257.55 FEET; THENCE, LEAVING SAID WESTERLY RIGHT OF WAY. NORTH 87'33'37"'WEST 14.00 FEET. THENCE NORTH 01'08'12" EAST 8.59 FEET; THENCE NORTH 4501130" WEST 65.40 FEET; THENCE NORTH 85'23'00" WEST 35.27 FEET; THENCE SOUTH 24'5548' WEST 21.31 FEET; THENCE NORTH 87'1723" WEST 48.09 FEET; THENCE SOUTH 47'2351' WEST 104.14 FEET. THENCE SOUTH 84'57'19" WEST 7.30 FEET; THE. ..,E NORTH 35'2646" WEST 36.33 FEET. THENCE NORTH 25'58'40" EAST 262.04 FEET; THENCE NORTH 222735" WEST 4.50 FEET; THENCE NORTH 46'3729" EAST 23.07 FEET; THENCE NORTH 24'21'30" EAST 120.69 FEET; THENCE NORTH 83'27'33" EAST 17.12 FEET. THENCE SOUTH 02'55337" WEST 92.82 FEET; THENCE SOUTH 52'05'49" WEST 37.38 FEET; THENCE SOUTH 25'20'52" EAST 21.31 FEET; THENCE NORTH 6('23'17" EAST 33.54 FEET, THENCE SOUTH 48'29'43" EAST 37.00 FEET; THENCE SOUTH 13'57'24" WEST 77.40 FEET, THENCE SOUTH 44'05'07" WEST 34.49 FEET; THENCE NORTH 56'31'38" WEST 21.74 FEET, THENCE SOUTH 29'01'58" EAST 26.68 FEET. THENCE SOUTH 78'10'37" EAST 18.00 FEET; THENCE NORTH 33'19'31" EAST 98.78 FEET; THENCE NORTH 00'14'09' EAST 65.86 FEET, THENCE NORTH 89'4250" EAST 6.00 FEET; TO SAID WESTERLY RIGHT OF WAY AND THE TRUE POINT OF BEGINNING. CONTAINS 43,651 SQUARE FEET OR 1.002 ACRES OF LAND. MORE OR LESS. AS SHOWN ON PAGE 2 OF THIS EXHIBIT DATED THIS 3 DAY OF �D d"�- 2000 UND E)F. 12/31/o3 USELTON, L.S. 5347 P. '2/31/03 '!l t$5341 '� OF E►,�\F��� [his certifies that the material contained herein is .3 tr:i? -V r 1i rf-C'.' CIPY of material cn file & th -Y -.-,I-forwa Coastal Commission a n u of said Commission. By: za Title: Date. °�`� 7/ This document was electronically recorded by N First American Title Insurance Company Y ; REMIRD1Nc IREWES ID 8V FAWNERCM " 1 RECORDING REQUESTED Bfcgc�W RETURN TO: Recorded in Official Records,County of Orange 2 California Coastal Commission iUESTED BY e,ND Ga L. Granville, Clerk-Recorder 45 Fremont Street, Suite 2000 -omn►ission ��II�II���II���II���iifl��l�������������1��1���������1� NO FEE 3 San Francisco CA 94105-2219 suite 2000 Attn: Legal Division )4105-2219 20000689468 04:30pm 12/19/ 0 4 in 121 15 D12 49 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5 OPEN SPACE XMWAUANCERMS rRIMAxcMOND -6 RESTORATION DEED RESTRICTION 7 8 I. WHEREAS, the City of Huntington Beach Redevelopment Agency, 9 hereinafter referred to as the "Owner," is the record owner of the real property in the City 10 of Huntington Beach, County of Orange, State of California, which is described on 11 Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred V (� 12 to as the "Property"); and \.l 13 II. WHEREAS, Mayer Financial, L.P., is the Developer of the Property 14 and the assignee of all right, title and interest of the Robert L. Mayer Trust in the 15 Property. The Robert Mayer Corporation is, and at various times has been, the agent and 16 representative of Mayer Financial, L.P., and the Robert L. Mayer Trust. The Robert i 17 Mayer Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust are hereinafter 18 collectively referred to as "Mayer." 19 III. WHEREAS, the California Coastal Commission, hereinafter referred 20 to as the "Commission," is acting on behalf of the People of the State of California; and 21 IV. . WHEREAS, the subject property is located within the coastal zone 22 as defined in Section 30103 of Division 20 of the California Public Resources Code, 23 hereinafter referred to as the "California Coastal Act of 1976" (the "Act"); and 24 ` V.`t WHEREAS, the Property includes an area(the "Degraded Wetland 25 Area") within which there is an existing .696-acre degraded wetland located generally 26 1000 feet inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. 27 The Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 28 THIS INSTRUMENT FILED FOR RECORD BY iARC15, WATSON FIRST AMERICAN TITLE INSURANCE COMPANY AS AN 9 — HON ,ttarneys at Law 12063\0003\631622.5 - 1 ACCOMMODATION ONLY. IT HAS NOT BEEN EXAMINED AS TO ITS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE This certifies thit *be herein is a Corn .1ody of slid Comm is zi-n. ;7 / By: Title: I . " Date; -Z/-Z 7/� i 1 I incorporated herein by this reference and described specifically on Exhibit "C" attached 2 hereto and incorporated herein by this reference. 3 VI. WHEREAS, on April 11, 2000, the Commission approved, with 4 conditions, Coastal Development Permit No. A-5-HNB-99-275, an application filed by 5 the Robert L. Mayer Trust c/o the Robert Mayer Corporation and the Agency to fill the 6 Degraded Wetland Area in conjunction with the implementation of a wetland and riparian 7 woodland habitat restoration project at the Shipley Nature Center in the City of 8 Huntington Beach. 9 VII. WHEREAS, on September 13, 2000, the Commission adopted 10 Revised Findings to support its decision to approve Coastal Development Permit 11 No. A-5-HNB-99-275, finding that the development, as conditioned, is consistent with 12 the certified City of Huntington Beach Local Coastal Program. 13 . VIII. WHEREAS, on May 17, 2000, project opponents filed a lawsuit 14 entitled Bolsa Chica Land Trust, et al. v. California Coastal Commission et al., Orange 15 County Superior Court Case No. OOCC05991, seeking to set aside the Commission's 16 approval of Coastal Development Permit No. A-5-HNB-99-275. 17 IX. WHEREAS, on September 14, 1998, the City of Huntington Beach 18 City Council granted the separate application of the Robert Mayer Corporation and Mayer 19 Financial, L.P., for Coastal Development Permit CDP 97-15, approving, inter alia, the 20 construction of the Grand Resort Hotel and Conference Center, located generally on the 21 north side of Pacific Coast Highway, west of Beach Boulevard and east of Huntington 22 Street, in the City of Huntington Beach. 23 X. WHEREAS, on September 22, 1998, the Commission acknowledged 24 receipt of the City's written Notice of Action on CDP 97-15, thereby commencing a 10 25 working day appeal period. 26 XI. WHEREAS, on October 7, 1998, the Commission wrote the Robert 27 Mayer Corporation'and City, informing them that the 10-day appeal period expired on 28 `4ARDS, WATSON �ERSHON - 2 !cc:1eys at Law 12063\0003\631622.5 S fhis Certifies that the material crint-ined herein is a t; 1a gin^ ,;:rrecl copy of material on fi,,, ,:in the California Coastal Commission a n a in custody of said Commission,. By; Title., '��� .� Date; / �� t � I October 6, 1998, that no appeals were received by the Commission, and that CDP 97-15 2 is therefore final. 3 XII. WHEREAS, pursuant to City of Huntington Beach CDP 97-15, 4 Mayer has undertaken substantial site preparatory work and contends that it has incurred 5 substantial liabilities in preparation for imminent construction of the Grand Coast Resort 6 Hotel and Conference Center. 7 XIII. WHEREAS, on September 12, 2000, the Staff of the Commission 8 issued a written Notice of Suspension to the City, suspending CDP 97-15 pending a 9 further review of the legal adequacy of the City's September 18, 1998 Notice of Action. 10 XIV. WHEREAS, the City, Agency and Mayer contend that said Notice of 11 Action was, and is, legally adequate and not subject to challenge. 12 XV. WHEREAS, on November 29, 2000, to resolve their disputed 13 matters, the Commission, City of Huntington Beach, Agency, and Mayer entered into a 14 Settlement Agreement, attached hereto as Exhibit "D" and incorporated herein by this 15 reference (hereinafter referred to as the "Settlement Agreement"). 16 XVI. WHEREAS, Paragraph 1 of the Settlement Agreement provides as 17 follows: 18 Recordation of Open Space/Wetland Preservation and Restoration Deed Restriction. The Agency shall execute and record a Deed Restriction over 19 the Degraded Wetland Area which limits, in perpetuity, the uses of the Degraded Wetland area to natural open space for wetland preservation and 20 restoration uses. The Deed Restriction shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens that the 21 Executive Director of the Commission determines may affect the enforceability of the Deed Restriction. The Deed Restriction shall be 22 substantially 1n the form attached hereto as Exhibit "D," and shall not be removed or changed without a coastal development permit issued by the 23 Commission. The Deed Restriction shall not become effective unless and until the Commission issues the Notice required under Paragraph 2, below, 24 and City of Huntington Beach CDP 97-15 is, and remains, final and not subject to appeal to the Commission. 25 XVII. WHEREAS, Paragraph 2 of the Settlement Agreement further states 26 as follows: 27 28 (CHARDS,WATSON A GERSHON Attorneys at Law 12063\0003\631622.5 3 this ce Tt if e S M-It t 0. r i a I cnnt?nned herein is a tr:,,2 n r; cc.r re c t cr!p-;/ of material cii f;,I-1 v:'h the California Coastal Commission a n J custAy of said Commission. By: Z A Title: Date7 T t 1 Withdrawal of Commission Suspension Notice. Within five (5) days receipt of written proof that the Deed Restriction has been recorded 2 consistent with the terms and conditions of Paragraph 1, above, the Commission, through its Executive Director, shall issue a Notice of 3 Withdrawal of Suspension Notice ("Notice") to the City, with copies to the Agency and the Robert Mayer Corporation, formally withdrawing its 4 September 12, 2000 Notice of Suspension and advising that City of Huntington Beach CDP 97-15 is final and not subject to appeal to the 5 Commission. The Notice shall be substantially in the form attached hereto as Exhibit "E." The Commission shall take no action thereafter 6 inconsistent or in conflict with that Notice. 7 XVIII. WHEREAS, Owner has elected to comply with Paragraph 1 of the 8 Settlement Agreement and to execute this Deed Restriction to enable Owner and Mayer to 9 proceed with the development authorized by City of Huntington Beach CDP.97-15. 10 XIX. WHEREAS, the Parties have entered into the Settlement Agreement 11 without any admission of fault or liability of any kind or of any contention of any of the 12 Parties, but instead to avoid the costs and risks of litigation and to resolve this matter in a 13 manner mutually satisfactory to all of the Parties. 14 NOW, THEREFORE, in consideration of the mutual covenants and 15 agreements set forth in the Settlement Agreement, the Owner hereby irrevocably 16 covenants with the Commission that there be and hereby is created the following 17 restrictions on the use and enjoyment of the Degraded Wetland Area of the Property, to be 18 attached to and become a part of the deed to the Property. 19 1. COVENANT, CONDITION AND RESTRICTION. The 20 undersigned Owner, for itself and for its heirs, assigns and successors in interest, 21 covenants and agrees that: 22 the use of the Degraded Wetland Area as shown on Exhibits B and C, attached hereto and incorporated herein by reference, shall be limited to 23 natural open space for wetlands preservation and restoration uses. No development as defined in Public Resources Code section 30106, attached 24 hereto.as Exhibit E and incorporated herein by reference, including but not Limited io removal of trees and other major or native vegetation, grading, 25 aving; installation of structures such as signs, buildings, etc. shall occur or Ee allowed on the Degraded Wetland Area with the exception of the 26 following subject to applicable governmental regulatory requirements: 27 (a) the removal of hazardous substances or conditions or diseased plants or trees; 28 =HARDS, WATSON & GERSHON 4 <::;rneys at Law 12063\0003\631622.5 t T This certifies that the material contained herein is a try!., ana correct copy of material on NO with the California Coastal Commission and in custody of said Commission. By: Titles ' Date, T 1 1 (b) environmental education uses pursuant to a coastal development permit, if required; and 2 (c) wetland restoration uses pursuant to a coastal development permit, if 3 required. 4 2. DURATION. This Deed Restriction shall not become effective 5 unless and until the Commission issues the Notice required under Paragraph 2 of the 6 Settlement Agreement, and City of Huntington Beach CDP 97-15 is, and remains, final 7 and not subject to appeal to the Corftmission. Once effective, the Deed Restriction shall 8 remain in full force and effect in perpetuity, unless subsequently removed or changed by a 9 Coastal Development Permit issued by the Commission, and thereby confers benefit upon 10 the Property described herein, and shall bind Owner and all its assigns or successors in 11 interest. 12 3. RIGHT OF ENTRY. The Commission or its agent may enter on to 13 the Degraded Wetland area of the Property from Beach Boulevard at times reasonably 14 acceptable to the Owner to ascertain whether the use restrictions set forth above are being 15 observed. 16 4. REMEDIES. Any act, conveyance, contract, or authorization by the 17 Owner, whether written or oral, which uses or would cause to be used or would permit 18 use of the Property contrary to the terms of this Deed Restriction will be deemed a 19 violation and a breach hereof. The Commission and the Owner may pursue any and all 20 available legal and/or equitable remedies to enforce the terms and conditions of this Deed 21 Restriction. In the event of a breach, any forbearance on the part of either parry to 22 enforce the terms and provisions hereof shall not be deemed a waiver of enforcement 23 right regarding any subsequent breach. 24 5.- TAXES AND ASSESSMENTS. It is intended that this Deed 25 Restriction is irrevocable and shall constitute an enforceable restriction within the 26 meaning of(a) Article XIII, section 8, of the California Constitution; and (b) section 27 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, 28 this Deed Restriction shall be deemed to constitute a servitude upon and burden to the 21CHARDS, WATSON & GERSHON 5 A:�orneys at law 12063\0003\631622.5 T This certifies that the material contained herein is a true ant correct copy of material on file with the California Coastal Commission and in custody of said Commission. By: Z' Title.i a C Dated /a /G� r 1 property within the meaning of section 3712(d) of the California Revenue and Taxation 2 Code, or successor statute, which survives a sale of tax-deeded property. 3 6. SEVERABILITY. If any provision of these restrictions is held to 4 be invalid, or for any reason becomes unenforceable, no other provision shall be thereby 5 affected or impaired. 6 7 Dated: H- Z % 92000 8 REDEVELOPME T AGE NC OF THE CITY OF HUNTINGTON BEACH 9 SIGNED: 10 Tom Harman, Chairman Pro Tem. PRINT OR TYPE NAME OF ABOVE 11 12 * * NOTARY ACKNOWLEDGMENT ON THE NEXT PAGE 13 14 15 16 17 18 19 20 21 22 This certifies that the material centsined 23 herein is a tTV2 _;:~ Ccrr�7-c` copy of material on No 'mflh tlic California Coastal 24 Commission and in custody of said Commission. 25 By: 26 Title; 27 Date; 4/7/ i 28 =HARDS, WATSON & GERSHON Attorneys at law 12063'-.0003\631622.5 6 � 1 I STATE OF CALIFORNIA COUNTY OF ORANGE 2 3 On �&If&tj� Zqi U7D before me, L&4x-ra- A, AJeA, 1 , a Notary Public 4 personally appeared Tom. 14aw own" n 5 te- e proved to me on the basis of satisfactory evidence) to be the person(-.) whose 6 name(-.) is aye subscribed to the within instrument and acknowledged to me that 7 Osh44the�y executed the same in i ' it authorized capacity(ie&), and that by 8 ( 1�ir signature(4) on the instrument the person), or the entity upon behalf of 9 which the person() acted, executed the instrument. 10 WITNESS my hand and official seal. - - - - - - - - - - - - 11 uuw►A.NRMN 12 Signature at�c�ri Caren. Ju123,2003 13 14 15 16 17 18 19 20 21 This certifies :hit the mMf 02! c^nt lined 22 /// herein a ti ,_, =fo rr:., t cry of material o:; 1`0 x CoaMil 23 /// Comrr.._i"n an: ;;S1k- 1 , „)' litF SJIJ 24 //1 Co man i By; � �d4 25 Title; � 1 26 ;/i/ 27 Date-,/// 28 1ARD5• WATSON N GERSHON 7 torneys at Law 12063\0003\631622.5 i I This is to certify that the deed restriction set forth above is hereby 2 acknowledged by the undersigned officer on behalf of the California Coastal Commission 3 pursuant to authority conferred by the California Coastal Commission when it executed 4 the Settlement Agreement attached hereto as Exhibit "Dtt and the California Coastal 5 Commission consents to recordation thereof by its duly authorized officer. 6 7 Dated: 4 /C_, Z oc o 8 9 10 o n Bowers, Staff Counsel California Coastal Commission 11 STATE OF CALIFORNIA 12 COUNTY OF SAN FRANCISCO 13 On /2-/ /S/00 before me, Deborah L. Bove , a Notary Public 14 personally appeared John Bowers , personally known 15 to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose 16 name(s) is/are subscribed to the within instrument and acknowledged to me that I 17 he/she/they executed the same in his/her/their authorized capacity(ies), and that by 18 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of 19 which the person(s) acted, executed the instrument. 20 WITNESS my hand and official seal. 21 Signature `40` DEBORAH L. BOVE 22 = COMM. #1239052 NOTARY PUBLIC-CALIFORNIA 0 This certifies that the mat^rial contained SAN FRANCISCO COUNTY J 23 x r , ;it r Of "'' MY COMM. Expires Oct. 21, 2003 herein is a t,_ t t c P/ 24 m3teriai on fi::l Coastai Comm GnJ ci:stody cf said 25 Commission. By: 26 �� � Title: ° 27 Dates ;/�7 c/ 28 :HAROS. WATSON & GERSHON xn 8eys at Law 12063\0003\631622.5 8 T i fhis cauifies that tine 11nri3l contained herein is a t.,,,., -; �t t copy of mwtcrial ca t;: !;;u.ni3 Coastal Ccmmis�i.A . acd . •,:tody cf said Commission. By: �a Z. Title; -4� 7 Date, �/� 7// EXHIBIT "A" THE PROPERTY—LEGAL DESCRIPTION f 12063\0003'.633576.1 Page 1 of 4 EXHIBIT 'A' the 'Property" PACE 1 OF 3 PAGES P.O.B. BEACH B-VD `N `00° CONSTRUCTION S 00'17'01" W f EAST LINE SEC 14-6-11 1052.24' r<� T.P.O.B. N' LM DATA NO. D(RECTION DISTANCE / �LQ L 1 S 60'57'59" W 30.03' S 33'03'53" W LL") L2 S 88'48'52" W 15.08'L3 N 52'54'04" W 170.18' L4 N 56'44'15" W 126.00' L5 N 51'02'09" W 122.87' L6 N 56'06'20" W 45.02' L7 N 11'30'02" W 20.77' L8 N 3756'06" E 15.58' L9 N 52'03'54" W 34.00' L IO S 37'56'06" W 16.76' Bo L11 N 52'03'54" W 9.00' L 12 N 52'03'54" W 9.00' L 13 N 37'56'06" E 7.28' L 14 N 52'03'54" W 34.00' 4i L 15 S 3756'06" W 14.96' L 16 S 82'5334" W 16.4 7' L 17 N 42'18'1 1" E 7.52' -r✓, -!^ r,r J ri i J;iJJ 'rnro L18 N 4741'18" W 38.85' �, IC L19 N 89'15'39" W 50.00' l� M.81 7J cn L9 L8 ch L13 L L14 L 15 `'� CUFW DATA N'LY LINE L 16 S 1/2 NE 1/4 NUMBER DELTA RADIUS LENGTH SEC 14-6-11 Cl 16'41'10" 94.00' 27.38' C2 21'3554" 1065.00' 401.47' C3 03*50'11" 1135.00' 76.00' C4 05'42'06" 1 065.00' 105.98' J 00 C5 05.33 16 1135.00' 110.03' j lit/13 /9,9/_;r J C6 02'48'13 1060.00' 51.87' Q C7 05-54'17" 2452.00' 252.70' R.O.W. DEDICATED PER DOC. Z Z� gyp, RECORDED SPT. 1, 1995 AS 0 50' 100' 200' 400' SINS. NO. 95-0364748 O.R. -1 GRAPHIC SCALE - Page 2 of 4 This certifies that the material contained herein is a true ano correct copy of material on file iv,th the California Coastal Commission and In custody of said Commission. By: / A4 ' sle Title; Date; �/7/ EXHIBIT 'A' PAGE 2 OF 3 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LAS BOLSAS,.AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THAT LAND SHOWN AS THE DESIGNATED REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 14, PER SAID TRACT NO. 15535; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF NORTH 89'15'39" WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT NO. 15535, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY RIGHT OF WAY SOUTH 00'17'01" WEST 1052.24 FEET TO A POINT ON THE GENERAL NORTHERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER SAID TRACT NO. 15535; THENCE ALONG SAID GENERAL NORTHERLY RIGHT OF WAY, THROUGH THE FOLLOWING COURSES, SOUTH 60'57'59" WEST 30.03 FEET; THENCE SOUTH 88'48'52" WEST 15.08 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 94.00 FEET; THENCE WESTERLY ALONG SAID CURVE 27.38 FEET THROUGH A CENTRAL ANGLE OF 16'41'10" TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET, A LINE RADIAL TO SAID POINT BEARS SOUTH 15'30'02" WEST, THENCE NORTHWESTERLY ALONG SAID CURVE 326.48 FEET THROUGH A CENTRAL ANGLE OF 21'35'54". THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT OF WAY THROUGH THE FOLLOWING COURSES; THENCE TANGENT TO SAID CURVE NORTH 52'54'04" WEST 170.18 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET, THENCE ALONG SAID CURVE 76.00 FEET THROUGH A CENTRAL ANGLE OF 03'50'11"; THENCE TANGENT TO SAID CURVE NORTH 56'44'15" WEST 126.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET, THENCE ALONG SAID CURVE 105.98 FEET THROUGH A CENTRAL ANGLE OF 05'42'06"; THENCE TANGENT TO SAID CURVE NORTH 51'02'09" WEST 122.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET; THENCE ALONG SAID CURVE 110.03 FEET THROUGH A CENTRAL ANGLE OF 05'33'16"; THENCE TANGENT TO SAID CURVE NORTH 56'06'20" WEST 45.02 FEET, THENCE NORTH 11'30'02" WEST 20.77 FEET; THENCE NORTH 37'56'06" EAST 15.58 FEET; THENCE NORTH 52"03'54" WEST 34.00 FEET,• THENCE SOUTH 3756'06" WEST 16.76 FEET,• THENCE NORTH 52'03'54" WEST 18.00 FEET, THENCE NORTH 37'56'06' EAST 7.28 FEET: THENCE NORTH 52'03'54" WEST 34.00 FEET.•<THENCE SOUTH 32'56'06" WEST 14.96 FEET: THENCE SOUTH 82'53'34" WEST 16.47 FEET; THENCE. NORTH 56'0620" WEST 315.97 FEET TO THE BEGINNING OF A TANGENT CURVE; CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1060.00 FEET; THENCE ALONG SAID CURVE 51.87 FEET THROUGH A CENTRAL ANGLE OF 02'48'13" TO A POINT ON THE GENERAL NORTHEASTERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER DOCUMENT RECORDED SEPTEMBER 1, 1995, AS INSTRUMENT NUMBER 95- 0384748, RECORDS OF THE COUNTY OF ORANGE, A LINE RADIAL TO SAID POINT BEARS SOUTH 36'41'S3" WEST; THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY PER SAID TRACT NO. 15535 AND CONTINUING ALONG SAID GENERAL NORTHEASTERLY RIGHT OF WAY PER SAID DOCUMENT, THROUGH THE FOLLOWING COURSES; THENCE NORTH 42'18'11" EAST 7.52 FEET. THENCE NORTH 47'41'18" WEST 38.85 FEET TO THE BEGINNING OF A TANGENT -- Page 3 of 4 This certifies that the riMerial contained herein is a tr:w .o ct:rract copy of material on file .`;iri; 1111- C�-flifo'rnia Coastal Commission and in c:!stody of said Commission. r BYs �-Ga, A ��.ca-✓ Tit161 A� r Date EXHIBIT 'A' PAGE 3 OF 3 PAGES CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2452.00 FEET, THENCE ALONG SAID CURVE 252.70 FEET THROUGH A CENTRAL ANGLE OF 05'54'17" TO SAID NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14; THENCE LEAVING SAID GENERAL NORTHEASTERLY RIGHT OF WAY, ALONG SAID NORTH LINE SOUTH 89'15'39" EAST 1658.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 22.65 +/- ACRES AS SHOWN ON PAGE 1 OF THIS EXH181T A". DATED THIS 3 _ DAY OF _n b e'L____, 2000 p LAND SG J SELTON, L.S. 5347 EXP. 12/31/03 E 12/31103 *9lF is 5�� OF CA1\EO This certifies that the material contained herein is a f. r„ cnrr^ct copy of mat=Tial ^^ f:;:_ astal Cemmis:irn aa: of said Commission. lap Title; ;�v Date, Page 4 of 4 This rertifies th?t the material contained herein i�- a tri-. -rP corr^ct copy of material on file California Coastal Commission a fl d In custody of said Commission.. Byj / Z-,/ Title.- i � r ce Z Nei 7/, EXHIBIT "B" DEGRADED WETLAND AREA—GENERAL CONFIGURATION 12063\0003\633576.1 Page 1 of 2 EXHIBrt' 'B' PAGE 1 OF 1 PAGES BEACH BOULEVARD DEGRADED WETA'% existing \ wetland \ the `Property=�^-�� i This certifies that the wtz rill c'.'�t irled herein is a trno^ ^r.:.j correct c^py of Material on tilvn the C>iifornia Coastal Commission a n0 :n custody of said Commission.. By. Title; Dates Z� 1 GRAPHIC SCALE f Page 2 of 2 t this ce;fifies that the met^r.^! Contained herein is a r.,;� - .t rF. copy of material Gr Iue with ihQ- C'Jifornia Coastal Commission an;3 ;;; custody of said Commission. Title: f t7- Date, 71 / EXHIBIT "C" DEGRADED WETLAND AREA—LEGAL DESCRIPTION 12063\0003\633576.1 Page 1 of 3 SUNRISE RIVE N89'15'3 'yl/ PAGE 1 OF 2 PAGES N89'15'39'W 50.00 P.O.B. LM DATA NO. DIRECTION DISTANCE 50' L 1 S 00'17'10' W 257.55' L2 N 8733'37' W 14.00' L3 N 01'08'12- E 8.59' 70'. 68' L4 N 45'11 30 tiV 65.40' in 138' L5 N 85'23'00' W 35.27' L6 S 24'55'48' W 21.31' °p co L7 N 87 17'23' W 48.09' I ► L8 S 47*23'51' W 104.14' I L9 S 84'57'19' W 7.30' L 10 N 35*26*46" W 36.33' 3 I z L l l N 25'5840' E 262.04 L12 N 2227'35' W 4.50' I j L 13 N 46'37'29' E 23.07' a U L 14 N 24'2 t'30' E 120.69' cwn I 2 L 15 N 83'27'33' E 17.12' W U L 16 S 02'55'37' W 92.82' Z I I L 17 S 570549' W 37.38' 0 85' 50' 100' 200' L 18 S 25'20'52' E 21.31' W L19 N 60'23'170 E 33.54' GRAPHIC SCALE L20 S 4829'43' E 37.00' I L21 S 13'5724' W 77.40' S i L22 S 44'05'07' W 34.49' L23 N 56'31'38' W 21.74' L24 S 29'01'58' E 26.68' L L25 S 78'lO'37' E MOO' L26 N 33'19'31' E 98.78' I L27 N 00'14'19' E 65.86' J• I L28 N 89'4250' E 6.00' L2 T.P.Op. N I This certifies that !ho rrit.^ria! contained v v I herein is a t .. r. ct copy of . t-,�ia Coastal Cc.n ,,s i an ; eus;i;",y of said Commission. L25 I I Ey. Ice Title. Date; %� L 7 I 9 L3 ' I Page 2 of 3 EXHIBIT 'C' PAGE 2 OF 2 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA;BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LOS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THAT LAND DESIGNATED AS REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE—HALF OF THE NORTHEAST ONE—QUARTER OF SAID SECTION 14, PER SAID TRACT MAP; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE—HALF, NORTH 89'1539" WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN -ON SAID TRACT MAP; THENCE ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17'01" WEST 681.85 FEET TO THE TRUE POINT OF BEGINNING: THENCE. CONTINUING ALONG SAID WESTERLY RIGHT OF WAY. SOUTH 00'17'10" WEST 257.55 FEET; THENCE, LEAVING SAID WESTERLY RIGHT OF WAY, NORTH 87'3337' WEST 14.00 FEET; THENCE NORTH 01'08'12' EAST 8.59 FEET. THENCE NORTH 45'11'30' WEST 65.40 FEET; THENCE NORTH 85'23'00" WEST 35.27 FEET; THENCE SOUTH 2455'48- WEST 21.31 FEET; THENCE NORTH 87'1723" WEST 48.09 FEET; THENCE SOUTH 47'23'51' WEST 104.14 FEET; THENCE SOUTH 84'57'19' WEST 7.30 FEET; THENCE NORTH 35'2646' WEST 36.33 FEET; THENCE NORTH 25'58'40" EAST 262.04 FEET; THENCE NORTH 222735' WEST 4.50 FEET; THENCE NORTH 46'3729` EAST 23.07 FEET; THENCE NORTH 24'21'30- EAST 120.69 FEET; THENCE NORTH 83'2733' EAST 17.12 FEET. THENCE SOUTH 02'55'37" WEST 92.82 FEET, THENCE SOUTH 52'05'49" WEST 37.38 FEET; THENCE SOUTH 25'20'52- EAST 21.31 FEET; THENCE NORTH 60'23'17' EAST 33.54 FEET; THENCE SOUTH 48029'43" EAST 37.00 FEET, THENCE SOUTH 13'57'24' WEST 77.40 FEET; THENCE SOUTH 44'05'07' WEST 34.49 FEET; THENCE NORTH 56'31'38" WEST 21.74 FEET; THENCE SOUTH 29'01'58" EAST 26.68 FEET; THENCE SOUTH 78'10'37" EAST 18.00 FEET; THENCE NORTH .33'1931" EXIST 98.78 FEET; THENCE NORTH 00'14'09' EAST 65.86 FEET; THENCE NORTH 89'42'50- EAST 6.00 FEET; TO SAID WESTERLY RIGHT OF WAY AND THE TRUE POINT OF BEGINNING. CONTAINS 43,651 SQUARE FEET OR 1.002 ACRES OF LAND, MORE OR LESS.- AS SHOWN ON PAGE 1 OF THIS EXHIBIT "Co DATED THIS t 3 DAY OF F �' 2000 WD � L .�, DX. 12/31/03 llSELTON, L.S. 5347 P. 12/31/03 `r7 ISM �' OF \Epp Page 3 of 3 This certifies that the material contained herein is a tr:la ;P..-1 r,- !2- copy of material on file .>.,;, the ?fjr:ia Coastal Commissi,a ano :n, castody of said Commission. By: Title: Date -this cart-fi that the meterni contained herein a tr_i> coNY of m�ter;a{ c:i N—A is iitr i3 �oGsfa! commissir�: a n ul in c,stody of said commissi-i, By; � 4a 4 L Title: 4 Date; EXHIBIT "D" SETTLEMENT AGREEMENT 12063\0003\633576.1 Page 1 of 30 1 SETTLEMENT AGREEMENT 2 3 This Settlement Agreement ("Agreement") is entered into by and between 4 the California Coastal Commission ("Commission"), the City of Huntington Beach 5 ("City), the Huntington Beach Redevelopment Agency ("Agency"), and the Robert Mayer 6 Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust (collectively, "Mayer"). 7 The Commission, City, Agency and Mayer are sometimes collectively referred to in this 8 Agreement as "the Parties." 9 RECITALS 10 WHEREAS, the Agency is the owner in fee simple of certain real property 11 in the City of Huntington Beach, County of Orange, State of California, which is 12 described on Exhibit "A" attached hereto and incorporated herein by this reference (the 13 "Property'). 14 WHEREAS, Mayer Financial, L.P., is the Developer of the Property and the 15 assignee of all right, title and interest of the Robert L. Mayer Trust in the Property. The 16 Robert Mayer Corporation is, and at various times has been, the agent and representative 17 of Mayer Financial, L.P., and the Robert L. Mayer Trust. 18 WHEREAS, the Property includes an area (the "Degraded Wetland Area") 19 within which there is an existing .696-acre degraded wetland located generally 1000 feet 20 inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. The 21 Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 22 incorporated herein by this reference and described specifically on Exhibit "C" attached 23 hereto and incorporated herein by this reference. 24 WHEREAS, on April 11, 2000, the Commission approved, with conditions, 25 Coastal Development Permit No. A-5-HNB-99-275, an application filed by the Robert L. 26 Mayer Trust and the Agency to fill the Degraded Wetland Area in conjunction with the 27 implementation of a wetland and riparian woodland habitat restoration project at the 28 Shipley Nature Center in the City of Huntington Beach. RiCHARDS, WATSON h GERSHON Attorneys at Law 12063\0003\631622.4 1 Page 2 of 30 This certifies that the material contained herein is a tr:,e „ ;;t copy of material on file Coastal Commssicn and in custody of said Commission. Title; A ct.�— Date; I WHEREAS, on September 13, 2000, the Commission adopted Revised 2 Findings to support its decision to approve Coastal Development Permit No. A-5-HNB- 3 99-275, finding that the development, as conditioned, is consistent with the certified City 4 of Huntington Beach Local Coastal Program. 5 WHEREAS, on May 17, 2000, project opponents filed a lawsuit entitled 6 Bolsa Chica Land Trust, et al. v. California Coastal Commission, et al., Orange County 7 Superior Court Case No. OOCCO5991, seeking to set aside the Commission's approval of 8 Coastal Development Permit No. A-5-HNB-99-275. 9 WHEREAS, on September 14, 1998, the City of Huntington Beach City 10 Council granted the separate application of the Robert Mayer Corporation and Mayer 11 Financial, L.P., for Coastal Development Permit CDP 97-15, approving, inter alia, the 12 construction of the Grand Coast Resort Hotel and Conference Center, located generally 13 on the north side of Pacific Coast Highway, west of Beach Boulevard and east of 14 Huntington Street, in the City of Huntington Beach. 15 WHEREAS, on September 22, 1998, the Commission acknowledged 16 receipt of the City's written Notice of Action on CDP 97-15, thereby commencing a 10 17 working day appeal period. 5 18 WHEREAS, on October 7, 1998, the Commission wrote the Robert Mayer 19 Corporation and City, informing them that the 10-day appeal period expired on October 6, 20 1998, that no appeals were received by the Commission, and that CDP 97-15 is therefore 21 final. 22 WHEREAS,pursuant to City of Huntington Beach CDP 97-15, Mayer has 23 undertaken substantial site preparatory work and contends that it has incurred substantial 24 liabilities in preparation for imminent construction of the Grand Coast Resort Hotel and 25 Conference Center. 26 WHEREAS, on September 12, 2000, the Staff of the Commission issued a 27 written Notice of Suspension to the City, suspending CDP 97-15 pending a further review 28 of the legal adequacy of the City's September 18, 1998 Notice of Action. The City, RICHARDS,WATSON &GERSHON Attorneys at Law 12063\0003\63 1622.4 2 Page 3 of 30 Nis certifies that the material contained herein is a tr►ie Ana correct copy of material on fita Coastal Com,ms_inn a n a i s castody of said Commission. , n By. eye Title; Date3 ;/x I Agency and Mayer contend that said Notice of Action was, and is, legally adequate and 2 no longer subject to challenge. 3 WHEREAS, the Parties have since conducted a thorough review of the 4 disputed matters, and have agreed to a full, final and complete settlement on the terms 5 and conditions set forth herein. 6 WHEREAS, this Agreement is entered into by the Commission, City, 7 Agency and Mayer, and each of them, without any admission of fault or liability of any 8 kind or of any contention of any of the Parties, but instead to avoid the costs and risks of 9 litigation and to resolve this matter in a matter mutually satisfactory to all of the Parties. 10 11 AGREEMENT 12 NOW, THEREFORE, in consideration of the mutual covenants and 13 promises contained herein, the Commission, City, Agency and Mayer agree to settle the 14 disputed matters upon the following terms and conditions: 15 1. Recordation of Open Space/Wetland Preservation and Restoration 16 Deed Restriction. The Agency shall execute and record a Deed Restriction over the 17 Degraded Wetland Area which limits, in perpetuity, the uses of the Degraded Wetland 18 area to natural open space for wetland preservation and restoration uses. The Deed 19 Restriction shall run with the land,binding all successors and assigns, and shall be 20 recorded free of prior liens that the Executive Director of the Commission determines 21 may affect the enforceability of the Deed Restriction. The Deed Restriction shall be 22 substantially in the form attached hereto as Exhibit I'D," and shall not be removed or 23 changed without a coastal development permit issued by the Commission. The Deed 24 Restriction shall not become effective unless and until the Commission issues the Notice 25 required under Paragraph 2, below, and City of Huntington Beach CDP 97-15 is, and 26 remains, final and not subject to appeal to the Commission. 27 2. Withdrawal of Commission Suspension Notice. Within five (5) days 28 receipt of written proof that the Deed Restriction has been recorded consistent with the RICHARDS. WATSON &GERSHON Attorneys at Law 12063\0003\631622.4 3 Page 4 of 30 This certifies thit the material containe6 herein is a t nI ccrr-ct c^.aj of material cn Wi% ihr Coastal Commission and i r custody of said Commission. By: Z. Title; °�� { Date ���/ I terms and conditions of Paragraph 1, above, the Commission, through its Executive 2 Director, shall issue a Notice of Withdrawal of Suspension Notice ("Notice") to the City, 3 with copies to the Agency and the Robert Mayer Corporation, formally withdrawing its 4 September 12, 2000 Notice of Suspension and advising that City of Huntington Beach 5 CDP 97-15 is final and not subject to appeal to the Commission. The Notice shall be 6 substantially in the form attached hereto as Exhibit "E." The Commission shall take no 7 action thereafter inconsistent or in conflict with that Notice. 8 3. Abandonment of Permit Approval. The Agency and Mayer agree to 9 abandon the Commission's approval of Coastal Development Permit A-5-HNB-99-275, 10 effective upon issuance by the Commission of the Notice required under Paragraph 2, 11 above; provided, however, that the Commission's approval of Coastal Development 12 Permit A-5-HNB-99-275 shall remain in full force and effect unless and until the 13 Commission issues the Notice required under Paragraph 2, above, and City of Huntington 14 Beach CDP 97-15 is, and remains, final and not subject to appeal to the Commission. 15 The Agency and Mayer shall confirm this abandonment of permit approval to the 16 Commission in writing within ten (10) days' receipt of the Notice. 17 4. No Restoration Obligation. When the Agency and Mayer abandon 18 the Commission's approval of Coastal Development Permit A-5-HNB-99-275, said 19 Coastal Development Permit shall be of no force and effect, including but not limited to 20 any obligation by Mayer to undertake the wetland and riparian woodland habitat 21 restoration project at the Shipley Nature Center. Neither the Agency nor Mayer is under 22 any obligation to restore the Degraded Wetlands Area. 23 5. Future Convevance of Degraded Wetland Area. The Agency may at 24 any time convey the Degraded Wetland Area, separate and apart from balance of the 25 Property, to the City or any,other public agency for wetland restoration and other 26 purposes subject to and consistent with the Deed Restriction. 27 28 RICHARDS,WATSON &GERSHON Attorneys at Law 4 12063\0003\631622.4 Page 5 of 30 This certifies thit thy n!n-teri;,! c,)-itained herein Is a J Of Comri-i"SSicm ell- of said Commission. B / -/ A - �� y: Title: Date, 1 6. Obligation to Remove Trash and Debris from Degraded Wetland 2 Area. The Agency and its successors and assigns shall maintain the Degraded Wetland 3 Area free of trash and debris. 4 7. Duty to Cooperate. The parties agree to cooperate in effectuating 5 the terms and conditions of this Agreement. 6 S. Binding Effect. This Agreement shall inure to the benefit of and 7 shall be binding upon the heirs, successors, assigns, representatives, and beneficiaries of 8 the parties. 9 9. No Admission of Liability or Wrongdoing. This Agreement is solely 10 for the purpose of compromising doubtful and disputed claims and avoiding litigation. 11 The Agreement shall not be construed as an admission of liability or wrongdoing of any 12 party or of any contention of any party. 13 10. Paragraph Headings. The paragraph headings contained herein are 14 for descriptive purposes only and are not intended to convey or change the meaning of 15 any provision hereof. 16 11. Interpretation. This Agreement shall be construed in accordance 17 with the laws of the State of California. 18 12. Legal Advice. Each party has received independent legal advice 19 from its attorneys with respect to the advisability of executing this Agreement and the 20 meaning of the provisions hereof. The provisions of this Agreement shall be construed as 21 to the fair meaning and not for or against any party based upon any attribution of such 22 party as the sole source of the language in question, it being expressly understood that the 23 parties hereto participated equally or had equal opportunity to participate in the drafting 24 thereof. 25 13. Execution in Counterparts. This Agreement may be executed in 26 counterparts, and when each party has signed and delivered at least one such counterpart, 27 each counterpart shall be deemed an original and, when taken together with the other 28 counterparts, shall constitute the Settlement Agreement. RICHARDS, WATSON ✓f GERS HON Attorneys at Law 5 12063\0003\631622.4 Page 6 of 30 This certifies that the contained herein is a tri:� !.cpy of materN c-.i (:ie Ti'' `Aastal Commission am L 1y of said Commission. Title: Date: 1 IN WITNESS WHEREOF, the parties hereto have each approved and 2 executed this Settlement Agreement on the date set forth below. 3 4 DATED: CALIFO I C AS L COMMISSION 5 By: 6 � Its: 7 8 DATED: va CITY OF HUNTINGTON BEACH 9 By: t ",i�' 10 its: 1?— 19�n1 ]V 66 +V/�t' L- 11 12 DATED: ��"�� EGG CITY OF HUNTINGTON BEACH 13 REDEVELOPMENT AGENCY 14 By: 15 Its: &Xz:GL, -F7V z 1) JYC6,70(#L 16 DATED: 11/16/2 0 0 0 ROEER MAY R C ORATION 17 "` _ By. 18 Its: President 19 20 DATED: 11/16/2000 MAYER FINANCIAL, L.P. 21 By: 22 Its: Vice Pre ' SVt/Secretary 23 DATED: 11/16/2000' ROBERT`MAYER TRUST 24 By: 25 Its: Trustee 26 27 28 [Signatures Cont'd Next Page] iGHARDS, WATSON & GERSHON Attorneys at Law 6 1206310003\631622.4 Page 7 of 30 •fhis certifies that the material contained herein is a t-'!., ccp; of material r;, l,ie .y !h 'l;a 'Q,lifurnia Coastal C,aI.I. Ss1on ana in ciIsady cf said Commission. �� By; GQ, 4 G�Llijv Title: , Date, 1 IN WITNESS WHEREOF, the parties hereto have each approved and 2 executed this Settlement Agreement on the date set forth below. 3 4 DATED: CALIFORNIA COASTAL COMMISSION 5 By: 6 Its: 7 8 DATED: CITY O --\- T I GTON BEACH 9 By: Nw� 10 Its: m oo 16 &V 11 12 DATED: l-Z -OD CITY OF HUNTINGTON BEACH 13 REDE LOPM NT AGENCY 14 By: 15 Its: Cil►4 i2.vJ A�/ P20 7-2-.,-7 16 DATED: ROBERT MAYER CORPORATION 17 By: 18 Its: 19 20 DATED: MAYER FINANCIAL, L.P. 21 By: 22 Its: 23 DATED: ROBERT MAYER TRUST 24 By: 25 Its: 26 27 28 (Signatures Cont'd Next Page) RICHARDS, WATSON h GERSHON Attorneys at Law 12063\0003\631622.4 6 - Page 8 of 30 (his certifies that the naterial contained herein is a fire;; sn-I c;,rrect copy of material on t1e ", " •I i:rnia Coastal Comm sSio;� a n j n custody of said Commission. Title: ge t U Dates I APPROVED AS TO FORM AND CONTENT: 2 RALPH F ST, JR., CHIEF COUNSEL 3 44Chie B5 Esq. uns for 6 CALIFO NIA COASTAL COMMISSION 7 8 GAIL HUTTON, CITY ATTORNEY PAUL D. D'ALESSANDRO, DEPUTY CITY ATTORNEY 9 10 11 By.Paul D. D'Alessandro i'/ o 0 Attorneys for CITY OF HUN' IN TON BEACH and 12 CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY 13 14 R.ICHARDS, WATSON & GERSHON 15 16 By: Steven H. Kaufmann 17 Attorneys for ROBE MAYER CORPORATION, MAYER FINANCIAL, L.P. and ROBERT L. MAYER TRUST 18 19 20 21 22 This certifies that the material contained herein is a t;,._ .n_ Correct c ,,'., of 23 material on fii� .h . ., . Ll' -�� .• ;.tornia C0astalai Commission an;: n c+istody of said 24 Commission. / 25 By: PC /"Va`ems 26 Title. lz -2�a 27 Date; 28 'CHARDS,WATSON a GERSHON ttorneys at Law 12063\0003\631622.4 7 Page 9 of 30 This certifies WM !hn material contained herain is d tr =n! '_ c', copy of mair'.`I3l oil +lip .r.m+ a Coastal Commission a n o :•i '- ic,udy of said Commissiop. Title: WWI EXHIBIT "A" [TO SETTLEMENT AGREEMENT] THE PROPERTY—LEGAL DESCRIPTION 12063\0003\633576.2 Page 10 of 30 EXHIBIT 'A' the "Property H PAGE 1 OF 3 PAGES P.0.8. BEACH BLM `�° .,-CONSTRUCTION S 00'17'01" W EAST LIlYE SEC 14-6-11 1052.24' T.P.O.B. LR E DATA NO. I DIRECTION DISTANCE S / / � L 1 S 60'5 759 33'03 53" W" W 30.03' (R� z L2 S 88'4852" W 15.08' / L3 N 52'54'04" W 170.18' L4 N 56'44'15" W 126.00' L5 N 51'02'09" W 122.87' L6 N 56'06 20" W 45.02' L7 N 11*30'02" W 20.77' G L8 N 37 56'06" E 15.58' L9 IN 52'0354" W 34.00' 110 IS 37'56'06" W 16.76' �p L l l N 52'0354" W 9.00' L� L 12 N 52'03 54" W 9.00' L 13 N 3756'06" E 7.28' L 14 N 52'03'54" W 34.00' L 15 IS 37 56'06" W 14.96' 'L16 S 8253' " '34 W 16.47 Ga LJr l L17 N 42'1811' E I7.52' r,Q 15-5,315 L18 N 47'41'18" W 38.85' JWJ\/JB 7901 4-5-0 L 19 N 89'15'39" W 50.00 _ L9 L8 Gh L 10 i-j L 13 L Z L14 �� L 15 CUR*DATA i N'LY LINE L 16 S112 NE114 NUMBER DELTA RADIUS LENGTH sSEC 14-6-11 �► \ C1- 16'4l'l0" 94.00' 27.38' C2 21'3554 0 1065.00' 401.47' .OHO P C3 03'50'11" 1135.00' 76.00' dcl- \ iLJr 2 C4 05'42'06" 1065.00' 105.98' \r,J '+'`` rr' �J J J C5 05'33'16" 1135.00' 110.03' JWIVIB 7J0/4 f' 5J C6 02'48'13" 1060.00' 51.87' NI C7 05754717" 2452.00' 252.70' N CIS Lf7 R.O.W. DEDICATED PER DOC. RECORDED SPT. 1, 1995 AS SINS. NO. 95-0364748 O.R. 50' 100' 200' 400' J�/11�11� 6 314 1,% GRAPHIC SCALE Page 11 of 30 Nis certifies that the material contained herein is a true and correct copy of material on file wth the California Coastal Commission and In custody of said Commission. Title; -�n Dates d✓U/��/ EXHIBIT 'A' PAGE 2 OF 3 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THAT LAND SHOWN AS THE DESIGNATED REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 14, PER SAID TRACT NO. 15535; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF NORTH 89'15'39" WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT NO. 15535, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE ALONG SAID WESTERLY RIGHT OF WAY SOUTH 00'17'01" WEST 1052.24 FEET TO A POINT ON THE GENERAL NORTHERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER SAID TRACT NO. 15535; THENCE ALONG SAID GENERAL NORTHERLY RIGHT OF WAY, THROUGH THE FOLLOWING COURSES, SOUTH 60'5759" WEST 30.03 FEET; THENCE SOUTH 8848'52" WEST 15.08 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 94.00 FEET; THENCE WESTERLY ALONG SAID CURVE 27.38 FEET THROUGH A CENTRAL ANGLE OF 16'41'10" TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET, A LINE RADIAL TO SAID POINT BEARS SOUTH 15'30'02" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 326.48 FEET THROUGH A CENTRAL ANGLE OF 21135'54 THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT OF WAY THROUGH THE FOLLOWING COURSES, THENCE TANGENT TO SAID CURVE NORTH 52'54'04" WEST 170.18 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET; THENCE ALONG SAID CURVE 76.00 FEET THROUGH A CENTRAL ANGLE OF 03'50'11"; THENCE TANGENT TO SAID CURVE NORTH 56'44'15" WEST 126.00 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG SAID CURVE 105.98 FEET THROUGH A CENTRAL ANGLE OF 05'42'06": THENCE TANGENT TO SAID CURVE NORTH 51'02'09" WEST 122.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET, THENCE ALONG SAID CURVE 110.03 FEET THROUGH A CENTRAL ANGLE OF 05'33'16.- THENCE TANGENT TO SAID CURVE NORTH 56'06'20" WEST 45.02 FEET; THENCE NORTH 11'30'02" WEST 20.77 FEET; THENCE NORTH 37*56*06" EAST 15.58 FEET; THENCE NORTH 52'03'54" WEST 34.00 FEET; THENCE SOUTH 37'56'06" WEST 16.76 FEET; THENCE NORTH 52'03'54" WEST 1&00 FEET; THENCE NORTH 37'56'06" EAST 7.28 FEET. THENCE NORTH 52'03'54" WEST 34.00 FEET. THENCE SOUTH 3756'06" WEST 14.96 FEET: THENCE SOUTH 82'53'34" WEST 16.47 FEET, THENCE NORTH 56'06'20" WEST 315.97 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1060.00 FEET; `THENCE'ALONG SAID CURVE- 5187 FEET THROUGH A CENTRAL ANGLE OF OZ48'13" TO A:POINT ON-THE.GENERAL NORTHEASTERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER DOCUMENT RECORDED SEPTEMBER 1, 1995, AS INSTRUMENT NUMBER 95- 0384748, RECORDS OF THE COUNTY OF OF ORANGE, A LINE RADIAL TO SAID POINT BEARS SOUTH 36'41'53" WEST, THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY PER SAID TRACT NO. 15535 AND CONTINUING ALONG SAID GENERAL NORTHEASTERLY RIGHT OF WAY PER SAID DOCUMENT, THROUGH-THE FOLLOWING COURSES; THENCE NORTH 42'18'11" EAST 7.52 FEET. THENCE NORTH 47'41'18" WEST 38.85 FEET TO THE BEGINNING OF A TANGENT I Page 12 of 30 rhis certifies that the material contained herein is a tr.11 ano correct copy of material no file with the California Coastal Commission and in custody of said Commission. j By: Title: Date-, EXHIBIT 'A' PAGE 3 OF 3 PAGES CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2452.00 FEET; THENCE ALONG SAID CURVE 252.70 FEET THROUGH A CENTRAL ANGLE OF 05'54'17" TO SAID NORTH LINE OF THE SOUTH ONE—HALF OF THE NORTHEAST ONE—OUARTER OF SAID SECTION 14; THENCE LEAVING SAID GENERAL NORTHEASTERLY RIGHT OF WAY, ALONG SAID NORTH LINE SOUTH 89'15'39" EAST 1658.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 22.65 +/— ACRES AS SHOWN ON PAGE 1 OF THIS EXHIBIT "A". DATED THIS �3 DAY OF _!_, 6 2000 p LAND S J SELTON, L.S. 5347 EXP. 12/31/03 E 12131103 IS 5341 9lF OF CAL\Ep�� i This ce-tifil° -that the Mi.Merf3► rnntaineo harain 13 a tr''.° <! ', urr-,:'t copy of ma s i3' o11 ti,e W� _ ; C::li,c pia voastal Commission ana In custo-V ct said Commission. ? c�� Title; Dates Page 13 of 30 fl)is C-ariffil-S that *h,, :Ontained herein is d true ,,Ij p y of Coastal COMmisston and ir, c, :03y of said Commiss;cn. 7/ BY: Date, a2� �/� EXHIBIT "B" [TO SETTLEMENT AGREEMENT] DEGRADED WETLAND AREA—GENERAL CONFIGURATION 12063\0003\633576.2 Page 14 of 30 EXHIBIT 'B' PAGE 1 OF i PAGES BEACH 8 0 U L E V A R D DEGRADED -� C AAREA existing d ded wet a \ \ vic this certifies that the material c^ntained herein is a true ano Zviitct copy of materiai on file wth the California Coastal Commission and in custody of said Commission. 8y: A Title: Dates a 7/ Zs GRAPHIC SCALE Page 15 of 30 _ 'this certifies that the material cnntained herein is a tray a;tti r...::rEct copy of material on file :, rh the C-l!"Mrnij Coastal Con, and in cu:>tody of said Commission. . By: �Q �+ca.✓ Date.- EXHIBIT "C" [TO SETTLEMENT AGREEMENT] DEGRADED WETLAND AREA—LEGAL DESCRIPTION 12063\0003\633576.2 Page 16 of 30 E IST V SUNRISE DRIVE N89'15'3 "1v PAGE 1 OF 2 PAPAGESN89'15'39"W 50.00 P.0.a I I LM DATA NO. DIRECTION DISTANCE I I L 1 S 00'17'10' W 257.55' S0' L2 N 8733'37' W 14.00' L3 N 01'08'12" E 8.59' 70 . 68' L4 N 45'11 30 V 65.40' icycc 138' L5 N 85'23'00' W 35.27' L6 S 24'5548" W 21.31' to L7 N 87'1723' W 48.09' I I L8 IS 47'23'51 a W 104.14' I L9 S 84'57'19' W 7.30' L 10 N 35 2646' W 36.33' 3 I Z Li 1 N 25*58*40' E 262.04 p �°I'I Q L12 N 22*27*350 W 4.50' L 13 N 4637'29' E 23.07' o U • L 14 N 2421'30" E 120.69' cWn I 2 L 15 N 83'27'33" E 17.12' Z : U L 16 S 02'5537' W 92.82' J I I I L 17 I S 52'05'49' W 37.38' 0 25' S0' 100' Ln 200' I L 18 S 25'20'52" E 21.31' W ' L19 N 60*23*170 E 33.54' GRAPHIC SCALE L20 S 48'2943` E 37.00' L21 S 13'57'24' W 77.40' ^ I I L22 S 44'05'07' W 34.49' I L23 N 56'31738" W 21.74' L24 S 29'01'58' E 26.68' L1 L25 S 78'10'37" E 18.00' to L26 N 33'19'31" E 98.78' I L27 N 00'14'19" E 65.86' L28 I N 89'42$0' E 6.00' L2 T.P.0.0. v 1w L1gl � N ' V This certifies that the material contained " I herein is a tr!le and correct copy of miteriat on fil? rt: ;he Ni;ornia Coastal Commission anu in custody of said Commission. L25 f I y By: �. x Title: '� I L7 I bate: /�n 7 L3 I L I Page 17 of 30 EXHIBIT 'Cl PAGE 2 OF 2 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA;BEING A PORTION OF SECTION 14. TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LOS BOLSAS, AS PER MAP RECORDED IN BOOK 51. PAGE 14, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THAT LAND- DESIGNATED AS REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14. PER SAID TRACT MAP; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF, NORTH 89'15'39" WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN -ON SAID TRACT MAP, THENCE ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17'O1" WEST 681.95 FEET TO THE TRUE POINT OF BEGINNING: THENCE, CONTINUING ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17'10" WEST 257.55 FEET. THENCE, LEAVING SAID WESTERLY RIGHT OF WAY, NORTH 87-33'37" WEST 14.00 FEET. THENCE NORTH 01'08'12" EAST 8.59 FEET; THENCE NORTH 45'11'30" WEST 65.40 FEET; THENCE NORTH 85 23'00" WEST 35.27 FEET; THENCE SOUTH 2455'48" WEST 21.31 FEET; THENCE NORTH 87"17'23" WEST 48.09 FEET, THENCE SOUTH 47'23'51' WEST 104.14 FEET, THENCE SOUTH 84*57,19' WEST 7.30 FEET; THENCE NORTH 352646" WEST 36.33 FEET, THENCE NORTH 25'58'40' EAST 262.04 FEET, THENCE NORTH 22'27'35" WEST 4.50 FEET; THENCE NORTH 46'3729" EAST 23.07 FEET; THENCE NORTH 24'2130" EAST 120.69 FEET; THENCE NORTH 83'2733" EAST 1 Z 12 FEET; THENCE SOUTH 02'55'37" WEST 92.82 FEET, THENCE SOUTH 52'05'49" WEST 37.38 FEET, THENCE SOUTH 25'20'52' EAST 21.31 FEET, THENCE NORTH 60'23'17" EAST 33.54 FFFT; THENCE SOUTH 48'29'43" EAST 37.00 FEET, THENCE SOUTH 13'57'24' TEST 744L FEE t; THENCE SOUTH 44'05'07' WEST 34.49 FEET; THENCE NORTH 56'31'38' WEST 21.74 FEET; THENCE SOUTH 29'01'58" EAST 26.68 FEET; THENCE SOUTH 78'10'37" EAST 18.00 FEET, THENCE NORTH 33'1931" EAST 98.78 FEET, THENCE NORTH 00'14'09" EAST 65.86 FEET; THENCE NORTH 89'4250" EAST 6.00 FEET; TO SAID WESTERLY RIGHT OF WAY AND THE TRUE POINT OF BEGINNING. CONTAINS 43,651 SQUARE FEET OR 1.002 ACRES OF LAND. MORE OR LESS. AS SHOWN ON PAGE 1 OF THIS EXHIBIT "C" DATED THIS DAY OF 2000 LAND 0X. 12/31/03 USELTON, L.S. 5347 Page 18 of 30 t This certifies that the material contained herein is a true and correct copy of material on fie ,v,;h the Califo-mia Coastal Commission a n a In custody of said Commission. f2a/��✓ By: Title: 't Date: This certifies that the material contained herein is a true and corm=c, j of material on fi;a v,,h the Califo►nia Coastal Commission and in custody of said Commission. n � By. �zZ� � Title: `�`z Dates EXHIBIT "D" [TO SETTLEMENT AGREEMENT] OPEN SPACE/WETLAND PRESERVATION AND RESTORATION DEED RESTRICTION 12063\0003\633576.2 Page 19 of 30 I RECORDING REQUESTED BY AND RETURN TO: 2 California Coastal Commission 45 Fremont Street, Suite 2000 3 San Francisco, CA 94105-2219 Attn: Legal Division 4 5 OPEN SPACE /WETLAND PRESERVATION AND 6 RESTORATION DEED RESTRICTION 7 8 I. WHEREAS, the City of Huntington Beach Redevelopment Agency, 9 hereinafter referred to as the "Owner," is the record owner of the real property in the City 10 of Huntington Beach, County of Orange, State of California, which is described on 11 Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred 12 to as the "Property"); and 13 II. WHEREAS, Mayer Financial, L.P., is the Developer of the Property 14 and the assignee of all right, title and interest of the Robert L. Mayer Trust in the 15 Property. The Robert Mayer Corporation is, and at various times has been, the agent and 16 representative of Mayer Financial, L.P., and the Robert L. Mayer Trust. The Robert 17 Mayer Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust are hereinafter 18 collectively referred to as "Mayer." 19 III. WHEREAS, the California Coastal Commission, hereinafter referred 20 to as the "Commission," is acting on behalf of the People of the State of California; and 21 IV. WHEREAS, the subject property is located within the coastal zone 22 as defined in Section 30103 of Division 20 of the California Public Resources Code, 23 hereinafter referred to as the "California Coastal Act of 1976" (the "Act"); and 24 WHEREAS, the Property includes an area (the "Degraded Wetland 25 Area") within which'there''is an existing .696-acre degraded wetland located generally 26 1000 feet inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. . 27 The Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 28 RICHARDS,WATSON Q GERSHON Attorneys at Law 12063\0003\631622.5 1 Page 20 of 30 fhis certifies that the nla2%'ri?t cmitn!rwo herein is a title an7 com-act c"", of material on Me .vifli the California Coastal Commission and in custody of said Commission. , By: Title, �`'- Date: , 77 e' I incorporated herein by this reference and described specifically on Exhibit "C" attached 2 hereto and incorporated herein by this reference. 3 VI. WHEREAS, on April 11, 2000, the Commission approved, with 4 conditions, Coastal Development Permit No. A-5-HNB-99-275, an application filed by 5 the Robert L. Mayer Trust c/o the Robert Mayer Corporation and the Agency to fill the 6 Degraded Wetland Area in conjunction with the implementation of a wetland and riparian 7 woodland habitat restoration project at the Shipley Nature Center in the City of 8 Huntington Beach. 9 VII. WHEREAS, on September 13, 2000, the Commission adopted 10 Revised Findings to support its decision to approve Coastal Development Permit ' 11 No. A-5-HNB-99-275, finding that the development, as conditioned, is consistent with 12 the certified City of Huntington Beach Local Coastal Program. 13 VIII. WHEREAS, on May 17, 2000,project opponents filed a lawsuit 14 entitled Bolsa Chica Land Trust, et al. v. California Coastal Commission, et al., Orange 15 County Superior Court Case No. OOCCO5991, seeking to set aside the Commission's 16 -approval of Coastal Development Permit No. A-5-HNB-99-275. 17 IX. WHEREAS, on September 14, 1998, the City of Huntington Beach 18 City Council granted the separate application of the Robert Mayer Corporation and Mayer 19 Financial, L.P., for Coastal Development Permit CDP 97-15, approving, inter alia, the 20 construction of the Grand Resort Hotel and Conference Center, located generally on the 21 north side of Pacific Coast Highway, west of Beach Boulevard and east of Huntington 22 Street, in the City of Huntington Beach. 23 X. WHEREAS, on September 22, 1998, the Commission acknowledged t 4 "rlroeipf bf-the City's written Notice of Action on CDP 97-15, thereby commencing a 10 :2.5: working day.appeal period. 26 XI. WHEREAS, on October 7, 1998, the Commission wrote the Robert 27 Mayer Corporation and City, informing them that the 10-day appeal period expired on 28 n!CHARDS,WATSON R GERSHON Attorneys at Law 12063\0003\631622.5 2 Page 21 of 30 Nis certifies that the materml Contained herein is a true ana correct copy of materi7f on fila the California Coastal Com—mis,siri and In Custody of said Commission. Title: Date. / I October 6, 1998, that no appeals were received by the Commission, and that CDP 97-15 2 is therefore final. 3 XII. WHEREAS,pursuant to City of Huntington Beach CDP 97-15, 4 Mayer has undertaken substantial site preparatory work and contends that it has incurred 5 substantial liabilities in preparation for imminent construction of the Grand Coast Resort 6 Hotel and Conference Center. 7 XIII. WHEREAS, on September 12, 2000, the Staff of the Commission 8 issued a written Notice of Suspension to the City, suspending CDP 97-15 pending a 9 further review of the legal adequacy of the City's September 18, 1998 Notice of Action. 10 XIV. WHEREAS, the City, Agency and Mayer contend that said Notice of 11 Action was, and is, legally adequate and not subject to challenge. 12 XV. WHEREAS, on November , 2000, to resolve their disputed 13 matters, the Commission, City of Huntington Beach, Agency, and Mayer entered into a 14 Settlement Agreement, attached hereto as Exhibit I'D" and incorporated herein by this 15 reference (hereinafter referred to as the "Settlement Agreement"). 16 XVI. WHEREAS, Paragraph 1 of the Settlement Agreement provides as 17 follows: 18 Recordation of Open Space/Wetland Preservation and Restoration Deed Restriction. The Agency shall execute and record a Deed Restriction over 19 the Degraded Wetland Area which limits, in perpetuity, the uses of the Degraded Wetland area to natural open space for wetland preservation and 20 restoration uses. The Deed Restriction shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens that the 21 Executive Director of the Commission determines may affect the enforceability of the Deed Restriction. The Deed Restriction shall be 22 substantially in the form attached hereto as Exhibit I'D," and shall not be removed or changed without a coastal development permit issued by the 23 Copimissign. The Deed Restriction shall not become effective unless and uriti the Commission issues the Notice required under Paragraph 2, below, 24 and City"of-Huntington Beach CDP 97-15 is, and remains, final and not subject to appeal to the Commission. 25 XVII. WHEREAS, Paragraph 2 of the Settlement Agreement further states 26 as follows: 27 28 RICHARDS, WAT50N B GERSHON Attorneys at Law 12063\0003\631622.5 Page 22 of 30 fhis certifies that the material contimeo herein is a tree ina corn-rt cupf of materi-I on file .vii h tn.,:,, Cahtornia Coastal Commission an In custody of said Commission. 8y: /tL Ga L fin. Title: 4 Date: 17 7/ 1 Withdrawal of Commission Suspension Notice. Within five (5) days receipt of written proof that the Deed Restriction has been recorded 2 consistent with the terms and conditions of Paragraph 1, above, the Commission, through its Executive Director, shall issue a Notice of 3 Withdrawal of Suspension Notice ("Notice") to the City, with copies to the Agency and the Robert Mayer Corporation, formally withdrawing its 4 September. 12, 2000 Notice of Suspension and advising that City of Huntington Beach CDP 97-15 is final and not subject to appeal to the 5 Commission. The Notice shall be substantially in the form attached hereto ag Exhibit "E." The Commission shall take no action thereafter 6 inconsistent or in conflict with that Notice. 7 XVIII. WHEREAS, Owner has elected to comply with Paragraph 1 of the 8 Settlement Agreement and to execute this Deed Restriction to enable Owner and Mayer to 9 proceed with the development authorized by City of Huntington Beach CDP 97-15. - 10 XIX. WHEREAS, the Parties have entered into the Settlement Agreement 11 without any admission of fault or liability of any kind or of any contention of any of the 12 Parties, but instead to avoid the costs and risks of litigation and to resolve this matter in a 13 manner mutually satisfactory to all of the Parties. 14 NOW, THEREFORE, in consideration of the mutual covenants and 15 agreements set forth in the Settlement Agreement, the Owner hereby irrevocably 16 covenants with the Commission that there be and hereby is created the following 17 restrictions on the use and enjoyment of the Degraded Wetland Area of the Property, to be 18 attached to and become a part of the deed to the Property. 19 1. COVENANT, CONDITION AND RESTRICTION. The 20 undersigned Owner, for itself and for its heirs, assigns and successors in interest, 21 covenants and agrees that: 22 the use of the Degraded Wetland Area as shown on Exhibits B and C, attached hereto and incorporated herein by reference, shall be limited to 23 natural open space for wetlands preservation and restoration uses. No development as defined in Public Resources Code section 30106, attached 24 hereto as Exhibit E and incorporated herein by reference, including but not limited to`removal of trees and other major or native vegetation, grading, 25 paving; installation of structures such as signs, buildings,,etc. shall occur or be allowed on the Degraded Wetland Area with the exception of the 26 following subject to applicable governmental regulatory requirements: 27 (a) the removal of hazardous substances or conditions or diseased plants or trees; 28 RIGHARDS, WATSON e: GERSHON Attorneys at Law 12063\0003\631622.5 4 Page 23 of 30 This certifies that the mIterill cr;ntaineo herein is a true and Corr^c± cr;py of material nn fi13 Yo1lih tfr:: Coastal Commission and in custody of said Commission.By: fir�1 .-Ca- Title:. Date. / 1 (b) environmental education uses pursuant to a coastal development permit, if required; and (c) wetland restoration uses pursuant to a coastal development permit, if 3 required. 4 2. DURATION. This Deed Restriction shall not become effective 5 unless and until the Commission issues the Notice required under Paragraph 2 of the 6 Settlement Agreement, and City of Huntington Beach CDP 97-15 is, and remains, final 7 and not subject to appeal to the Commission. Once effective, the Deed Restriction shall 8 remain in full force and effect in perpetuity, unless subsequently removed or changed by a 9 Coastal Development Permit issued by the Commission, and thereby confers benefit upon 10 the Property described herein, and shall bind Owner and all its assigns or successors in 11 interest. 12 3. RIGHT OF ENTRY. The Commission or its agent may enter on to 13 the Degraded Wetland area of the Property from Beach Boulevard at times reasonably 14 acceptable to the Owner to ascertain whether the use restrictions set forth above are being 15 observed. 16 4. REMEDIES. Any act, conveyance, contract, or authorization by the 17 Owner, whether written or oral, which uses or would cause to be used or would permit 18 use of the Property contrary to the terms of this Deed Restriction will be deemed a 19 violation and a breach hereof. The Commission and the Owner may pursue any and all 20 available legal and/or equitable remedies to enforce the terms and conditions of this Deed . 21 Restriction. In the event of a breach, any forbearance on the part of either party to 22 enforce the terms and provisions hereof shall not be deemed a waiver of enforcement 23 right regarding any subsequent breach. 24 5. TAXES AND ASSESSMENTS. It is intended that this Deed 25 Restriction is irrevocable and shall constitute an enforceable restriction within the 26 meaning of(a) Article XIII, section 8, of the California Constitution; and (b) section 27 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, 28 this Deed Restriction shall be deemed to constitute a servitude upon and burden to the RICHARDS, WATSON ` h GERSHON 5 Attorneys at Law 12063\0003\631622.5 Page 24 of 30 (his certifies that the material contained herein is 3 tr;:;; an-I correct copy ai material nn t;la viA tti,, .alifornia Coastal Commission ana in custody of said Commission. Title; Dates I property within the meaning of section 3712(d) of the California Revenue and Taxation 2 Code, or successor statute, which survives a sale of tax-deeded property. 3 6. SEVERABILITY. If any provision of these restrictions is held to 4 be invalid, or for any reason becomes unenforceable, no other provision shall be thereby 5 affected or impaired. 6 7 Dated: 32000 8 9 SIGNED: 14 PRINT OR TYPE NAME OF ABOVE 11 12 * * NOTARY ACKNOWLEDGMENT ON THE NEXT PAGE 13 14 15 16 17 18 19 20 21 fh►s certifies that the ,,.ri,! .ntoineo 22 herein is a true i rct of 23 material co fiie fifth Coastal Commission and in '.ustody of said 24 Commssicrl. 25 By. Al / Q om , 26 Title; , fE 27 Dates / 28 RICHARDS, WATSON a GERSHON Attorneys at Law 12063\0003\631622.5 6 Page 25 of 30 I STATE OF CALIFORNIA COUNTY OF ORANGE 2 3 On before me, , a Notary Public 4 personally appeared , personally known 5 to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose 6 name(s) is/are subscribed to the within instrument and acknowledged to me that 7 he/she/they executed the same in his/her/their authorized capacity(ies), and that by 8 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of 9 which the person(s) acted, executed the instrument. 10 WITNESS my hand and official seal. 11 12 Signature 13 /// 14 15 16 17 18 19 20 21 HI This certifies that the material contained 22 /// herein is a trey aria correct copy of material of file With the California Coastal 23 /// Commission aria in custody of said Commission. 24 /// BY: fZ.72 25 Title.26 J Date: 27 28 RICHARDS,WATSON Q GERSHON 7 Attorneys at Law 12063\0003\631622.5 Page 26 of 30 i 1 I This'is to certify that the deed restriction set forth above is hereby 2 acknowledged by the undersigned officer on behalf of the California Coastal Commission 3 pursuant to authority conferred by the California Coastal Commission when it executed 4 the Settlement Agreement attached hereto as Exhibit I'D" and the California Coastal 5 Commission consents to recordation thereof by its duly authorized officer. 6 7 Dated: 8 9 10 California Coastal Commission 11 STATE OF CALIFORNIA 12 COUNTY OF SAN FRANCISCO 13 On before me, , a Notary Public 14 personally appeared , personally known 15 to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose 16 name(s) is/are subscribed to the within instrument and acknowledged to me that 17 he/she/they executed the same in his/her/their authorized capacity(ies), and that by 18 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of 19 which the person(s) acted, executed the instrument. 20 WITNESS my hand and official seal. 21 Signature 22 Mis certifies that the material contained 23 herein is a t-1 -:� .INN-ct Cf)py of m?t2r�j� n� lii� ,. T:i l�'q r%Ijii J�nid CC,. Slal 24 Coanm-.ss 1•, 4 a r;u ;i i-jstody of said -irl 25 By: fit..e-,t26 Title, 27 Date71/ : f 28 RICHARDS,WATSON 3 GERSHON O Attorneys at Law 12063\0003\631622.5 O Page 27 of 30 This certifies that the ri?teriit crnt?ined herein is 3 ,,py Of m k — .0oastal C e rn-n:s J r, of said By: Title: �L Date: �Z/� Ile EXHIBITS A-E TO OPEN SPACE/WETLAND PRESERVATION AND RESTORATION DEED RESTRICTION OMITTED AND NOT REPEATED HERE 12063\0003\633576.1 Page 28 of 30 e Nis certifies that the material crmtainO herein is a t.,!. ,py of 0oastal n w.-tay of said commission. 8y; Za Titles Date: �U/�7 I EXHIBIT "E" [TO SETTLEMENT AGREEMENT] i NOTICE OF WITHDRAWAL OF SUSPENSION NOTICE 12063\0003\633576.2 i i Page 29 of 30 Date Mr. Howard Zelefsky Community Development Director City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Mr. Steven Bone The Robert Mayer Corporation 660 Newport Center Drive, Suite 1050 Newport Beach, CA 92658-8680 Re: City of Huntington Beach CDP 97-15 Coastal Commission No. 5-HNB-98-203 Dear Gentlemen: This is to inform you that the suspension notice, issued by letter dated September 12, 2000, from Deborah N. Lee to Howard Zelefsky, is hereby formally withdrawn. Pursuant to the Settlement Agreement entered into by and between the Commission, the City of Huntington Beach, the Huntington Beach Redevelopment Agency and the Mayer-related entities on November_, 2000,the Commission has determined that City of Huntington Beach Development Permit No. CDP 97-15 (5-HNB-98-203) is final and no longer subject to appeal to the Commission. Sincerely, PETER M. DOUGLAS Executive Director 'this certifies that the material contained herein is a trtle nno c^,roc' c -Py of mate►i ! till ,it•l Coastal Comm issi-;n anc is custody of said Commission. / �4G�ati� By: Title; Oates 12063\0003\632792.1 I Page 30 of 30- „ f (his certifies that the rna .^.ril contained herein is a .r r Copy of mate(i a on ti,,� :-:'. , :,;,< Coastal Commission ano ii c tedy of said Commission. / By: �� AL Title: �4' Date: 7// EXHIBIT "E” CAL. PUBLIC RESOURCES CODE SECTION 30106 12063\0003\633576.2 Page 1 of 2 § 3 0106. Development "Development" means, on land, in or under water, the placement or erection of any solid- material -or structure; discharge or disposal or any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency -for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or altera- tion of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. (Added by St:ats.1976, c. 1330, § 1.) (his certifies that the material ccnt3ineo herein is a tr;; i;,o c n ct copy of material on file m- "� ifarni3 Coastal Commission ana is ca..:tody of said Commission. By,. 41. ZQ a Title: A'. �a7 Date: � 7% Page 2 of 2 01/12/01 15:46 FAX 7148004965 2002 FarrnNo.1068-1 (Rev. 10117/92) OR 9934225 Exhibit A w Preliminary Report TITLE OFFICER- RONALA J.GOMEZ S � AMERIC, ti¢ � Pr M e imina r ReportThis certifies that the m3terial cen;a,ned herein is a true ana -crrect copy of material on file kyjh the California Coastal Commission and in custody of said Commission. n / Titlez ,+ � Date; Mrst American Title Insurance Company O1/12/01 15:46 FAT 7148004965 11003 PIolimintvy Reaan OR-9934225 TITLE OFFICER- RONALD J.GOMEZ First American Title Insurance Company 2 First American Way.Santa.Ana,California 92707 (P.O.Box 267,Santa Ana,California 92702) (714)soo-3000 THE ROBERT MAYER CORPORATION - 660 NEWPORT CENTER DR.,#1050 NEWPORT BEACH,CA ATTN: R.J.MAYER YOUR NO.024-250.73 AND 76 IN RESPONSE TO THE ABOVL:REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE,THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE,OR CAUSE TO BE ISSUED,AS OF THE DATE HEREOF.A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAM AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS'WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT.LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN 6XCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES,CONDITIOKS AND STIPULATIONS OF TFIE POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGfi OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICYFORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WtUCR ISSUED THIS REPORT. THIS REPORT(AND ANY SUPPLEMENTS OR AMENDMENTS HERETO)IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABEM BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OP TITLE INSURANCE,A BLNDUR OR COMA9TIti "r SHOULD BE REQUESTED. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS RETORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITS NOTICE OF MATTERS WHICH ARE NOT.COVERED UNDER TIM TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. f IT IS IMPORTANT TO NOTE THAT THIS PRELIlIIINARY REPORT IS NOT A WRITTEN REPRESENTATION AS ? TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. DATED AS OF JANUARY 7,2001 AT7:30 A.M. i 1 This certifies that/ th- rn?t^ri a! c:III^ir,eci_ herein is a true Copy �ry of material 011 INIC tJ. t92 C-Aiforria Coastal BY RONALDJ.GOMrZTITLEOFFICER Commission and in _custody of said DIRECT TELEPHONENUMBER -714-800-4822 CQR1tniJ$iJ,l. FAX NUMBER-714400-4965 Title: <` e " THE FORM OF POLICY OF TITLE INSURANCE CONTEI0LATED BY THIS REPORT IS: date- '?! _ 7 A� AMERICAN LAND 'TITLE ASSOCIATION OWNERS POLICY - WITH REGIONAL EXCEPTIONS (STANDARD COVERAGE). PAGE 1 01/1U01 15:46 FAX 7148004965 Z 004 PrCihr—ryRepoR OR-9934225 TTf I.E OFFICER- RONALD J.GONFZ •t =z:TO SAtD ESTATE OR INTER$ST AT THE DATE kWABOF LS VESTED IN: THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH,A PUBLIC AGENCY, TIC ESTATE OR IIQTERM IN TFIE LAND MRENAFM DESCRIBED OR IiCFER M TO COVERED BY THIS REPORT IS: A FEE. AT THE DATE II&EOF EXCEPTIONS TO COVERAGE IN ADDITION TO TIM PRINTED FMCEPI70NS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2000-2001, NOW A LIEN NOT YET DELINQUENT. FIRST INSTALLMENT: $NO TAXES DUE. SECOND INSTALLMENT: ENO TAXES DUE. CODE AREA: 04-035. A.P.NO.: 024-253-01'TO 024-253-03,INCLUSIVE. 2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORIN'IA REVENUE AND TAXATION CODE. NOTE: ALTHOUGH THE ABOVE SUPPLEMENTAL TAXES MAY BE A LIEN, THE INSTALLMENTS THEREOF ARE NOT YET DUE OR PAYABLE. 3. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED OCTOBER 13, 1950 IN BOOK 2087,PAGE 395 OF OFFICIAL RECORDS, IN FAVOR OF: TALBERT DRAINAGE DISTRICT. FOR A DRAINAGE DISTRICT PIPE LINE AND INCIDENTAL PURPOSES. OVER A STRIP OF LAND 20 FEET IN WIDTH, OVER A PORTION OF TFIE LAND. 4. AN EASEMENT FOR INGRESS AND EGRESS AND PIPELINES, OVER THE NORTH 30 FEET OF THAT PORTION OF SAID LAND WHICH LIES BETWEEN THE EASTERLY RIGHT OF WAY LINE OF HLJ-\-MGTON AVENUE, 60 FEET IN WIDTH AS NOW LAID OUT,AND THE WESTERLY LINE OF THE LA'S-D DESCRIBED AS THE FIRST EXCEPTION TO THE LAND DESCRIBED THERP.,II�T,AS EXCEPTED IN THE AMENDMENT OF LEASE RECORDED JANUARY 17, 1962 IN BOOK 5978,PAGE 910 OF.OFFICLAL RECORDS. IN FAVOR OF: THE CITY OF HUNTINGTON BEACH. 5. THE EFFECT OF A MAP PURPORTING TO SHOW THE HEREIN DESCRIBED AND OTHER LAND RECORDED IN BOOK 103,PAGES 28 AND 29 OF RECORD OF SURVEYS. NOTE: TO BE ELIMINATED UPON TRACT RECORDATION. 6. THE EFFECT OF A MAP PURPORTING TO SHOW T7HE HEREIN DESCRIBED AND OTHER LAND RECORDED IN BOOK 117,PAGE 21 OF RECORD OF SURVEYS. this ccrtifias t►}at ±he c_-n,2inJo NOTE: TO BE E L.IZVlNATED UPON TRACT RECORDATION. herein is a t ^r: c'--rpl of rratera! cn fi!E t;) ,• Cocr,mis.`7n ancu i.; custody of said By: Ca a Title: PAGE2 Date. O1/1E/O1 15:47 FAX 7148004965 2005 Prc,;,,,;rwy Repon OR 9934225 TITLE OFFICER• RONALD J.GON= 7. AN UNRECORDED LEASE DATED APRIL 28, 1989, EXECUTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, A PUBLIC AGENCY, AS LESSOR, AND ROBERT L. MAYER, AS TRUSTEE OF THE ROBERT L. MAYER 'TRUST OF 1982, DATED JUNE 22, 1982, AS AMENDED LESSEE, FOR THE TERM, AND UPON THE TERMS, COVENANTS AND CONDITIONS PROVIDED THEREIN, AS DISCLOSED BY MEMORANDUM OF LEASE RECORDED APRIL 28, 1989 AS INSTRUMENT NO.89-225547 OF OFFICIAL RECORDS. NOTE: THE LIEN OR CHARGE OF SAID LEASE WAS SUBORDINATED BY AN INSTRUMENT RECORDED DECEMBER 19, 2000 AS INSTRUMENT NO.20000689469 OF OFFICIAL RECORDS, EXECUTED BY THE REDEVELOPMENT AGENCY OF THE; CITY OF HUNTINGTON BEACH, THE CITY OF HUNTINGTON BEACH,THE WATERFRONT HOTEL,LLC,ROBERT L,MAYER,AS TRUSTEE OF THE ROBERT L. MAYER TRUST OF 1982, DATED DUNE 2, 1982 AND MAYER FINANCIAL, LTD., TO THE LIEN OR CHARGE OF THE DEED RESTRICTION WHICH WAS RECORDED DECEMBER 19, 2000 AS INSTRUMENT NO.20000689468 OF OFFICIAL RECORDS. 8. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED APRIL 20, 1989 AS INSTRUMENT NO.89-208163 OF OFFICIAL RECORDS, IN FAVOR OF: TIJE CITY OF M-NTINGTON BEACH,A MUNICIPAL CORPORATION. FOR: VEHICULAR INGRESS, EGRESS, ACCESS TO AND FROM PACIFIC COAST HIGHWAY AND THE BEACH MAINTENANCE PARCEL AND INCIDENTAL PURPOSES. OVER: A PORTION OF THE LAND. 9. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "AMENDED AND RESTATED DEVELOPMENT AGREEMENT",EXECUTED BY AND BETWEEN CITY OF HUNTTNGToN BEACH AND MAYER FINANCIAL, LTD., AND THE WATERFRONT HorML, LLC, RECORDED OCTOBER 21, 1998 AS INSTRUMENT NO. 19980711512 AND RE-RECORDED DECEMBER 7, 1998 AS INSTRUMENT NO. 19980938602,BOTH OF OFFICIAL RECORDS. NOTE: THE LIEN OR CHARGE OF SAID DEVELOPMENT AGREEMENT WAS SUBORDINATED BY AN INSTRUMENT RECORDED DECEMBER 19, 2000 AS INSTRUMENT NO.20000689469 OF OFFICIAL RECORDS, EXECUTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, THE CITY OF HUNTINGTON BEACH, THE WATERFRONT HOTEL, LLC, ROBERT L. M kYER, AS TRUSTEE OF THE ROBERT L.MAYER TRUST OF 1982,DATED JUNE 2, 1982 AND MAYER FINANCIAL, LTD., TO THE LIEN OR CHARGE OF TEM DEED RESTRICTION WHICH WAS RECORDED DECEMBER 19,2000 AS INSTRUMENT NO.20000689468 OF OFFICIAL RECORDS. 10. ANY FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF ANY LEASE OR SUBLEASE AND THE AMENDMENTS THEREOF,AS SHOWN HEREIN. 11. AN EASEMENT AS SHOWN AND DEDICATED TO THE CITY OF HIJNITNGTON BEACH ON THE MAP OF TRACT NO. 15535, FOR WATER LINES AND INCIDENTAL PURPOSE S. z OVER: A PORTION OF THE LAND. 12. THFs FOLLOWING MATTERS DISCLOSED BY AN A.L.TA. SURVEY BY ;FUSCOE ENGINEERING, SIGNED BY JERRY USELTON, L.S. 5347, DATED FEBRUARY 15, 2000 AND REVISED MARCH 14,2000,JOB NO.2252.03C: A. THE FACT THAT BURIED OIL WELLS EXIST ON THE LAND. B. THE FACT THAT THE EDGE OF PAVEMENT MEANDERS ALONG THE NORTHERLY PORTION OF THE LAND. PAG63 11 This certifies that the m,10ml confminpoi herein IS a true 2.n-i material on file ttic Cilifornia Coastal Commission a n j in custody of said Commission, BY: Title: Date. ��/��7/ - 01/12./O1 15:47 F.AX 7148004965 11006 Piviimmary Repon OR-9934225 TrI Z OFFICER- RONALD J.GOMEZ C. THE FACT THAT A 6.00 FOOT CHAIN LINK FENCE LOCATED ON THE NORTHWESTERLY, NORTHEASTERLY AND EASTERLY PORTIONS OF THE LAND LIES PARTIALLY ON THE LAND AND PARTIALLY IN 1M STREET RIGHT OF WAY OF PACIFIC VIEW AVENUE AND BEACH BOULEVARD RESPECTIVELY. D. THE FACT THAT A 7.00 FOOT CHAIN LINK FENCE LOCATED ON THE MOST WESTERLY PORTION OF THE LAND LIES ON THE PROPERTY LINE.NO DETERMI,�TATION IS MADE HEREIN AS TO ITS OWNERSHIP. E. AN UNRECORDED EASEMENT OR LESSER RIGHT FOR POWER POLES, POWER POLES WITH GUY WIRES, POWER POLES WITH TWO TRANSFORMERS AND OVERHEAD UTILITY WIRES LOCATED THROUGH OUT THE LAND, TOGETHER WITH ANY UNDERGROUND LINES APPURTENANT THERETO. F. AN UNRECORDED EASEMENT OR LESSER RIGHT FOR STORM DRAINS OUTLETS WITH SPLASH OUT WALLS, STORM DRAINS, STORM DRAIN INLETS AND STORM DRAIN GRATES LOCATED THROUGH OUT THE LAND, TOGETHER WITH ANY UNDERGROUND LINES APPURTENANT niERETO. G. AN UNRECORDED EASEMENT OR LESSER RIGHT FOR ELECTRIC TRANSFORMER AND ELECTRIC SWITCH CABINET LOCATED ON THE SOUTHEASTERLY PORTION OF TINE LAND, TOGETHER WITH ANY UNDERGROUND LINES APPURTENANT THERETO. H. THE FACT THAT THERE ARE TWO PROPOSED EASEMENTS ON SHEET 2 OF THE SURVEY,THE DEDICATION FOR SUNRISE RIGHT OF WAY AND FUTURE WETLANDS DESIGNATION PER TRACT MAP. NOTE: SAID FUTURE WETLANDS DESIGNATION SHALL BE CREATED BY A SEPARATE DOCUMENT ENTITLED "OPEN SPACE/WETLAND PRESERVATION AND RESTORATfON DEED RESTRICTION'. I. THE FACT THAT A TENNIS COURT EXISTS ON THE MOST WESTERLY PORTION OF THE LAND. J. THE FACT THAT THREE(3)MODULAR OFFICES ARE LOCATED ON THE EASTERLY PORTION OF THE LAND. K. THE FACT THAT A GATE EXISTS ON THE WESTERLY PORTION OF THE LAND WITHN THE PROPOSED SUNRISE RIGHT-OF-WAY. NO DETERMINATION IS MADE HEREIN AS TO WHO USES SAID GATE. L. ADDITIONAL MATTERS THAT MAY BE DISCLOSED BY A REVISED ALTA SURVEY,IF ANY. 13. THE TERMS,PROVISIONS AND CONDITIONS CONTAINED IN AN UNRECORDED DOCUMENT ENTITLED "AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT", EXECUTED BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH,A PUBLIC AGENCY AND MAYER FINANCIAL,LTD.,A CALIFORNIA LIMITED PARTNERSHIP AS DISCLOSED BY A SUBORDINATION AGREEMENT RECORDED DECEMBER 19, 2000 AS INSTRUMENT NO.20000689469 OF OFFICIAL'RECORDS. NOTE: THE LIEN OR CHARGE OF SAID DISPOSITION AND DEVELOPMENT AGREEMENT WAS SUBORDINATED BY AN INSTRUMENT RECORDED DECEMBER 19. 2000 AS INSTRUMENT NO.20000689469 OF OFFICIAL RECORDS, EXECUTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, THE CITY OF E04TINGTON BEACH, THE WATERFRONT HOTEL, LLC,ROBERT L. MAYER,AS TRUSTEE OF THE ROBERT L. MAYER TRUST OF 1982,DATED DUNE 2, PAGE 4 i } i I 1 This certifies that the m:i'irial contained herein is a true nn correct cop, of material on file ,Mli the C2N,fornia Coastal Commission and In cLrstody of said Commission. By- Title: Date: O1/12/01 15.48 FA% 714800-,965 _ 2007 Prdumnury Rcport OR 9934225 TTTU OFFICER- RONAI.D 1.GOMEZ 1992 AND MAYER FINANCIAL,LTD.,TO THE LIEN OR CHARGE OF THE DEED RESTRICTION WHICH WAS RECORDED DECEA MER 19,2000 AS INSTRUMENT NO.20000689468 OF OFFICIAL RECORDS. 14. THE TERMS, PROVISIONS AND CONDITTONS CONTAINED IN A DOCUMENT }:TITLED "OPEN SPACE/WETLAND PRESERVATION AND RESTORATION DEED RESTRICTION",EXECUTED BY AND BETWEEN THE CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY .AND THE CALIFORN-1A COASTAL COMMISSION, RECORDED DECEMBER 19, 2000 AS INS'CRLDME NO 20000689468 OF Off ICIAL RECORDS, i This certifies that the m,it?rinl comlaineo herein 15 a tree 111, C�pl of material on f;;n wjrh tti^l, ,,fq ,pia Coastal C.,mri,ssi n a n o i n custody of said Commission.' Title; PAGE5 Date; 7 7 15:48 FAX 7148004965 12008 Prelinrinary Repor[ OR-9934225 T1TLB OFFICER- RONALD J.GOMEZ DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH,AND IS DESCRIBED AS FOLLOWS: THE LAND DESCRIBED HER.EN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA;BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE, CALIFORNIA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THAT LAND SHOWN AS THE DESIGNATED REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE, CALIFORNIA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE. QUARTER OF SAID SECTION 14, PER SAID TRACT N0. 15535; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF NORTH 89015'39"WEST 50.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT NO. 15535, SAID POINT BEING THE TRUE POINT OF BEGINNING THENCE ALONG SAID WESTERLY RIGHT OF WAY SOUTH 00017 01" WEST 1052.24 FEET TO A P01NT ON THE GENERAL NORTHEASTERLY RIGHT OF WAY OI= PACIFIC VIEW AVENUE, DEDICATED PER SAID TRACT NO. 15535; THENCE ALONG SAID GENERAL NORTHEASTERLY RIGHT OF WAY, THROUGH THE FOLLOWING TWENTY-TWO (22) COURSES: SOUTH 60057'59" WEST 30.03 FEET; SOUTH 88°48'52" WEST 15.08 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 94.00 FEET, WESTERLY ALONG SAID CURVE 27.38 FEET THROUGH A CENTRAL ANGLE OF 16041110" TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET, A L11VB RADIAL TO SAID POINT BEARS SOUTH 15130'02" WEST; NORTHWESTERLY ALONG SAID CURVE 401.46 FEET THROUGH A CENTRAL ANGLE OF 21035'54"NORTH 52054'04"WEST 170.18 FEET TO THC BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET; NORTHWESTERLY ALONG SAID CURVE 76.00 FEET nlROUGH A CENTRAL ANGLE OF 03°50'11" NORTH 561*44,151,WEST 126.00 FEET TO THE BEGINNDG OF A CURVE,CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET,NORTHWESTERLY ALONG SAID CURVE 105.98 FEET THROUGH A CENTRAL ANGLE OF 05042'06"NORTH 51002'09"WEST 122.87 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET, .A RADIAL LMM TO SArD POINT BEARS NORTH 39026'56"EAST;NORTHWESTERLY ALONG SAID CURVE 110.03 FEET THROUGH A CENTRAL ANGLE OF 051133'16" NORTH 56006'20" WEST 45.02 FEET, NORTH 11030'02" WEST 20.77 FEET, NORTH 37°56'06" EAST 15,58 FEET, NORTH 52003'54" WEST 34.00 FEET, SOUTH 37956'06" WEST 16.76 FaT, NORTH 52"03'54" WEST 19.00 FRET, NORTH 37-5606" EAST 7.28 FEET, NORTH 521103'54" WEST 34.00 FEET, SOUTH 37056'06"WEST 14.96 FEET; SOUTH 82`53,34" WEST 16.47 FEET, NORTH 56006'20" WEST 315.97 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY,I4AVING A RADIUS OF 1060 FEET,AND NORTHWESTERLY ALONG SAID CURVE 51.87 FEET THROUGH A CENTRAL ANGLE OF 02148'13" TO A POINT ON THE GENERAL NORTHEASTERLY.' RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER DOCUMENT RECORDED SEPTEMBER 1, 1995,AS INSTRUMENT NUMBER 95-0384748, OFFICIAL RECORDS OF THE COUNTY OF ORANGE,CALIFORNIA,A LINE RADIAL TO SAID POINT BEARS SOUTH 36041-53"WEST; THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY PER SAID TRACT NO. 15535 AND CONTINUING ALONG SAID GENERAL NORTHEASTERLY RIGHT OF WAY PER SAID DOCUMENT, THROUGH THE FOLLOWING THREE(3)COURSES:NORTH 42'18'11"EAST 7.52 FEET,NORTH 471,411181, WEST 38.85 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2452.00 FEET, AND NORTHWESTERLY ALONG SAID CURVE 252.70 FEET THROUGH A CENTRAL ANGLE OF 05054'17"TO A POINT ON SAID NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14, A LNE RADIAL TO SAID POINT BEARS NORTH !'AGE 6 I i f! i - I 'this certifies th?t the mri�l co^tin�a herein is a #rr�� �.; c r;ct c,�'Y of material on file ;ivtth ifie Caiifor is Coastal Commission ana in acustody of said Commission. By: Title: Date: /a71 i 01/12/01 15:49 FAX 7148004965 2 009 Pmlu-rir ry Report OR 9934225 T=OFFICER— RONALD J.GOMM 36024'25" EAST; HENCE LEAVING SAID GENERAL NORTHEASTERLY RIGHT OF WAY, NON— TANGENT TO SAID CURVE ALONG SAID NORTH LINE SOUTH 89"15'39" EAST 1658.76 FEET TO THE TRUE POINT OF BEGINNING. R 4 S " I . (his certifies that the material crotaineo herein iS a tr, �nj cc rest ccpy of material on file ?;-u. the Ca: iornia C,3slal Ccmmissici ana in custody of said Commission. ,,�� By: l `Z el, 'I., Titles y c S<z J PAG87 Dater O1/1,2/01 15:49 FAX 7148004965 010 EX IDfr W the "Property" PAGE 1 OF 3 PAGES P.O.B. EACH B-VD N �-CONSTRUCTION S 00'17'01" W 'n ^ - . 1052.24' T.P.0.8. LINE DATA �p NO. DIRECTION DISTANCE L1 S 60'57'59" W 30.03' S 15 30 02- W L2 S 88'48 52" W 15.08' Ace- L3 N 5254'04 0 W 170-18' L4 N 5644'15" W 126.00' L5 N 51'02'09" W 122.87' P�� f / z L6 N 56'06'20" W 45.02' L7 N 11'30'020 W 20.77' L8 N 3r56'06* E 15.58' 9 z � L9 N 52'0354' W 34.00' -1 D L 10 S 3756'06" W 16.76' 8 D e L l l N 52'0354' W 9.00' n- D CA L 12 N 52'03'54" W 9.00' O 110 L 13 N' 3756'06" E 7.28' p a L 14 N 52'0354 0 W 34.00' �'� -n T L15 S 3756'06" W 74.96' N Q, L 16 S 82'53'34" W 16.47' 4`ti r Acn `,Ln L17 N 42'18'11' E 7.52' / rIJJi��J ° D Vr L18 N 474 '18' W 38-85' r Ob, c co L19 IN 89'1539" W 50.00 1WAAB 700/l14--50 rn zz < z L9 L8 G v rn � L10 n IT) L13 L7� m L14 L 15 �>>LY CURVE DATA N' UNE L 16 �� S112 NE114 NUMBER DELTA RADIUS LENGTH SEC 14-6-11 / Cl 16'41'10" 94.00' 27.38' ,yCb ��J�' \ ` C2 2 1'35 54" 1065.00' 401.46' s �4 Jj C3 03*50'11 1135.00' 76.00' LOT J C4 05'42'06" 1065.00' 105.98' � r� V Tit l�J�j'J \ C5 05'33'16' 1135.00' 110.03' /kill 9 7 9- 014 1-5 0 C6 02'48'13" 1060.00' 51.87' NI �' QP C7 05'54'17" 2452.00' 252.70' G R.O.W. DEDICATED PER DOC A zl moo- RECORDED SEPT. 1, 1995 AS SINS. NO. 95-0364748 O.R. 1100, 200' 400' LOT l °' �� GRAPHIC SCALE This certifies t!.at the �:E�teri I c ruined herein is a try;: am r"-! ct C.p, of material on file Coastal Commission and in cu;toly of said Commission. Title: Date: I �01/1.2/01 15:49 FAX 7148004965 Z O11 Pitliminuy Rcparc OR-9934225 TITLE OFFICER- RONALD 1.GOMEZ WARNING "THE MAP ATTACHED 232RETO MAY OR MAY NOT HE A SURVEY OF TIM LAND DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN OIMNTATION TO THE GENERAL. LOCATION OF THE PARCEL OR PARCELS DEPICTED. FIRST A.�RICAN F.}IpRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP'- 7W PLATS(CCAR'S,IF ANY)ENCLOSED. NOTE: WIIt NG INSTRUCTIONS FOR SUB-ESCROW DEPOSITS ARE AS FOLLOWS: FIRST AMERICAN TRUST CONIPAN Y ACCOUNT#15020 ABA#122241255 114 E_FIFITI STREET ACCOUNT NAME: FIRST AMERICAN SANTA ANA,CA 92701 TITLE COtAPANY CREDIT TO FIRST AMERICAN TITLE COMPANY OR 9934225 TITLE OFFICER-RONALD L GOMEZ DISREGARD IF FIRST AMERICAN IS YOUR ESCROW SETTLEMENT AGENT— CONTACT ESCROW OFFICER FOR WIRWG INSTRUCTIONS COPY WITH PLAT(AND CC&F,,1F ANY)TO; DEPARTMENT OF ECONOMC DEVELOPMENT P.O.BOX 190 HUN ITNGTON BEACH,CA 92648 ATTN:CAROL RUNZEL RE:WATERFRONT OCEAN GRAND This Certifies that the m?±erial C.-nt�ined herein is a material �a l� of f tr,•- ,u .:ia Coastal COmmissi;)n a;ie in COmm';S sz;!_uyr of said Sion. By: Title: rwcEa Date:_ /� /�� �01/12/01 15:49 FkX 71483049654 012 trcri:nhny Repor: OR 9934225 TITLE OFFICER- RONALD J.GOMEZ NOTICE SECTION 12413.1 OF THE CALLEORNIA INSURANCE CODE, EFFECTIVE JANUARY I, 1990. REQUIRES THAT ANY TILE INSURANCE COMPA'YY, Us'DERWRIT'TEY TITLE COMPANY,OR CONTROLLED ESCROW COMPANY HANDLING FUNDS IN AN ESCROW OR SUB•ESCROW CAPACITY. WAIT A SPECIFIED NUMBSIX OF DAYS AFTER DEPOSITING FUNDS, BEFORE RECORDING ANY DOCUMENTS IN CONNECTION WITH THE TRANSACTION OR DISBURSING FUNDS. THIS STATUTE ALLOWS FOR FUNDS DEPOSl"ED BY WIRE TRANSFER TO BE DISBURSED THC SAME DAY AS DEPOSIT. IN THE CASE OF CASHIER'S CFIEC'Ics OR CERTIFIED CHECKS, FUNDS MAY BE DISBURSED THE NEXT DAY AFTER DEPOSIT. IN ORDER TO AVOID UNNECESSARY DELAYS OF THREE TO SEVEN DAYS. OR MORE. PLEASE USE WIRE TRANSFER, CASHIER'S CHECKS, OR CERTIFIED CHECKS NHENEVER POSSIBLE. IF YOU HAVE ANY QUESTIONS ABOUT THE EFFECT OF THIS NEW LAW,PLEASE CONTACT YOUR LOCAL FIRST AMERICAN OFFICE FOR MORE DETAILS. NOTICE IN ACCORDANCE 1417H SECTIONS 19662 AND I9666 OF THE REVENUE AND TAXATION CODE,A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNT EQUAL 1-0 THREE AND ON&THIRD PERCENT OF TIM- SALES PRICE IN THE CASE OF THE DISPOSITION OF CAAAFOR.N1A REAL PROPERTY INTEREST BY EITHER: 1. A SE.LGR WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIPORNIA OR WIZEN TK[ DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE SL-.LER.OR 2. A CO ZPORATE SELLER WHICH HAS NO PERMANENT PUCE OF BUSLNFSS IN CALIFORNIA. THE BUYER MAY BECAME SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD AN AMOUNT EQUAL TO THE GREATER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHH=OR FIVE HUNDRED DOLLARS ww)- HOWEVER NOTWITHSTANDING ANY OTHER PROMSION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE,NI j BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO W rTHHOLI i IR I. THE jALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EJCCEI3D ONE HUNDRED THOUSAND DOLLARS(SI00,000),OR 2. THE:FILER EXECUTES A WRITTEN CERTIFICATE,UNDER THE PENALTY OF PZPJUKY,CERTIFYING THAT TINE SELLER LS A RESIDENT OF CALIFORNIA. OR IF A CORPORATION, I,IAS A PERMANENT PLACE OF BUSINESS IN CALIFORN;A,OR 3. THE SELLER, WHO IS AN INDIVIDUAL. EXECUTES A WRITTEN CERTIRCATE, UNDER THE PENALTY OF PI:IUURY,THAT THE CALLPORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE(AS DEFINED LY SECTION 1(134 OF THE INTERNAL REVENUE CODE). THE sELLF R IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PUJIPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT. THE CALM-0RNIA STATUTES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRAM REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE-BY-CASE BASIS,_ THE PAR:TES TO THIS TRANSACTION SHOULD SEEK AN ATTORNEYS, ACCOUNTANT'S, OR OTWM TAX SPECIALIS71S OPTIrTON CONCERNING Tlx EFFECT OF THIS LAW ON TMs TRANSACTION AND SHOULD NOT ACT ON XXY S;A=%QLNTS MADE OR OMITTED BY THE ESCROW OR CLOSING OPFICEA This C2rtifie$ tr t ti19 ,:''.°fl CCnt-;ne fir• materi-( cin f:!,, coastal Con-Iission aria in c ,:t dy of said Commission. 1 By: . � _ rwCtE9 Title-, Date: a/�2 7/ 01/12/01 15:50 F.A.X 710004965 12013 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.Proceedings by a public agency which may result In takes or assessments,or notice of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an Inspection of the land or which rrwy be asserted by Dersons In possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. A. Discrepancies. conflicts in boundary lines, ahortage In area, encroachments, or any other facts which a correct survey would dlsrlose, and which are not shown by the public records. 5. la) Unpatented mining claims; (b)reservatlons or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under(a),(b),or(c)are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, art=eys'fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (Including but not limited to building and toning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to p) :he occupancy, use, or enjoyment of the land; III)the character, dimensions or location of any improvement now or hereafter erected on the(and, (iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part,or riv) environmental proiectlon, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a norice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (o) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dame of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Data of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge, 3. Defects,liens,encumbrances,adverse claims,or other matters: (a) whether or not retarded in the public records at Date of Policy,but created,suffered,sesumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (a) resulting In no loss or damage to the Insured claimant; Id) attaching or created subsequent to Date of Policy;or (a) resulting in toss or damage which would not have been austained if the Insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. I 4. Unenforcaabil'ny of the lien of the Insured mortgage because of the inability or failure of the insured at Date of Policy, or the Inability or failure of any subsequent owner of the indebtedness,to comply with the applicable'doing businses'laws of the aisle in which the land is situated. 5. Invalidity or unanforceability of the lien of the Insured mortgage,or claim thereof,which arises out of the Transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or simiiar creditors'rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B- 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (Including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy,use or enjoyment of the land, or regulating the character, dimensions or location of any Improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction In the dimensions of urea of the land, or the effect of any violation of any;such law, ordinance of governmental regulation. 2. Rights of eminent domain or governmetral rIghta of police power unless notice of the exercise of such 60his appears in the public records at Date of Pollcy. a, Defects, liens, encumbrances, &*verse claims,or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such clalmam acquired an estate or interest insured by this policy and not disclosed in writing by the Insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)resulting In no loan or damage to the insured claimant;(d)attaching or cfearad subsequent to Date of Policy;or le)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or Interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B- 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Asaociation policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth In paragraph 2 above are used and the following exceptions to coverage appear in the policy. sclil:DULIe e This policy does not insure against lose or damage by reason of the matters shown in parts one and two following.- Part One: 1. Taxes or assessments which are not shown as Existing liens by the records of any taxing U00fily that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry of persons in possession Thereof. 3. Easements,claims of easement;or encumbrances which are not shown by the public records, 4. Discrepancies, conflicts In boundary lines,shortage in area,encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. S. Unpatented mining claims,reservations or exceptions in 0alents or In Act&authorizing the issuance thereof;water rights,claims or Title to water. a. Any ken,or right to a lien,for services,labor or material heretofore or hereafter furnished.Imposed by law and not shown by the public records. This certifies m-.)t le herein is a y of matcri,,I co h"? Coastal Commission a-Ij it I,tody of said Commission. By: Title: y Date. 01/12/01 15:51 FAX 7148004985 2014 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WiTH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, oralnance or governmental regulation (including bur not limited To building and zoning ordinances) restricting or regulating or prohibiting The occupancy, use or enjoyment of the land, or regulating the character,dimensions or Iccatlon of any improvement now or hereafter erected an the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental reoulatlon. 2_ Rights of eminent domain or goverrimantal rights of police power unless notice of the exercise of such rights appears In the public records at Date of Policy. 3. Deferts, lions, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, lb) not known to the Company and not shown by the public records but known to the insured claimant either at Data of Polley or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosad in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street Improvements under construction or completed at Date of Policy). A. Unenforceabiliry of the lien of the insured mortgage because of failure of the Insured at pate of Policy or of any subsequent owner of the indebtedness to Comply with applicable'doing business'laws of the state In which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY • 1970 WITH REGIONAL EXCEPTIONS when the American Land Title Association Landars Policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the exclusions sat forth in paragraph 4 above are used and the following exceptions to coverage appear*in the policy, SCHEDULE B This policy does not Insure against loss or damage by reason of the matters shown in parts one and two following; Pan:One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land of by making inquiry of persons in possession thereof. 3, Easements,Claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or In Acts authorizing the issuance thereof;water rights,claims of tl+de to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by low end not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or povemmantel regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (A The occupancy, use, or onjoymem of the land; I(p the character, dimensions or location of any improvement now or hereafter erected on the land,(Ili) a separation In ownership or a change in the dimensions or area of the land of any parcel of which the land (s or was a part;or (Iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extern that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public records at Date of Policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has bean recorded in the public records at Date of Polley. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Data of Policy,but not excluding from coverage any taking which has occurred Drior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge, 3. Oefects,liens,encumbrances,adverse claims,or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; IN not known to the Company, not recorded in the public records BE Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the data the insured claimant became an Insured under this policy; (c) resulting in no lose or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy Insures the priority of the lien of the Insured mortgage over any statutory lien for services, labor or material or the extent Insurance Is afforded herein as to assessments for street improvements under construction or completed at date of policy);or (e)resulting in lose or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the Insured mortgage because of the Inability or failure of the insured at Date of Policy, or the Inability or failure of any subsequent owner of The indebtedness,to comply with the applicable'doing business'laws of the state in which the land Is situated. S. Invalidity or unenforceab)liry,of the lien of the insured mortgage,or claim Thereof,which arises out of The transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth In lending law. 0. Any statutory lion for services,tabor or materials (or the claim of priority of any statutory lion for services, labor or materials over the lien of the insured mortgage) arising from an lmnrovemem or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the Insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the*interest of the mortgages insured by this policy.by reason of the operation of federal bankruptcy, stare insolvency.or almilar creditors rights laws,that is based on: G) the transaction creating the interest of The insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or ((i) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (Ill) the transaction creating the interest of the insured mortgages being deemed a preferential transfer except where the praferentia'Transfer resuirs from the Tallure: (a) to timely recar7 the instrument of transfer;or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien craditur. ' 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as On Extended Coverage Policy the exclusions sot forth in paragraph 6 above are used and the following exceptions To coverage appear in the policy. I i i i 1 t ! I . f This Certifies tbat the herein is 3 ,, - r rf-7 Of materi�, in fife Coastal CcmmisFi;:n and in cu,Zody of said Commission. By: lL Aa 12 Title: / ,g�1 Date: �U/X �/ 01/12/01 15:52 FAX. 7148004965 2015 SCHEDULE 6 This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing]lens by tho records of any taxing authority that levies taxes at assessmentS on real property Or by the public records. 2. Any facts,rights,Interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry of persons In possession thereof. 3. Easements,cialms of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines,shortage in area, encroachments, or any other fits which a correct survey would disclose, and which are not shown by public records. S. unpatantad mining claims:reservations or exceptions in patents or in ACTS authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material tnarstofore or hereafter furnished,imposed by law and not shown by the public records. S. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 7992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees of expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limbed to building and zoning laws, ordinances, or regulations) restricting, regulating, proniwiing or relating to (I) the occupancy, use, or enjoyment of the land; (if) the characrer, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in ownership or a change In the dimensions or was of the land of any parca)of which the land is or was a part;or(iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or it notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Onto of Policy, (b) Any governmental police power not excluded by is) above, excupi to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser(or val,ia without knowledge. 3. Defec-ts,liens,encumbrances,adverse claims,or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known To the insured claimant and not disclosed In writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (a) resulting In lose or damage which would not have been sustained if the insured cialmant had paid value for the satins,or interest Insured by this policy. 4, any claim, which arises out of the transaction vesting In the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy,state Insolvency,or similar creditors'rights laws,that is based on: (1) the transaction creating the estate or interest insured by this policy being deemed u Ifoudulent conveyance or fraudulent transfer;or iii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failura: (a) to timely record the instrument of transfer;or (b) Of such recordation to impart notice io it purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY- 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE 8 This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: Part One: 1. Taxes or assessments which are not Shown es existing liens by the records of any taxing authority that levies iaxas or assessments on real property or by the Public records. 2, Any facts,rights,interests,or claims which am not shown by the public records but which could be ascertained by an Inspection of said land or by making inquiry of persons in possession thereof. 3. Eascments,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which s correct survey would disclose, and which are not shown by public records. S. Unpatanted mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or materlal theretofore or hem-after furnished.Imposed by law and nat shown by the public records. 10, AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule 0,you are not insured against loss,costs,attomeys'fees and expenses resulting from: 1, Governmental police power, and the existence or violation Of any law or govemment regulation, This Includes building and Zoning ordinances and also laws and regulations concerning: ■ land use land division Improvements on the land environmental protection Thli exclusion does not apply to violations,or the enforcement of these matters which appear in the public records st Policy Date, This exclusion does not limit the zoning coverage described In Items 12 and 13 of Covered Title Risks. 2, The right to take the land by condemning It,unlam • a notice of exercising the right appears In Ma public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3, Title Risks. • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared In the public records • that result in no loss to you • that first affect your title after the Policy Date•thlg does not limit the labor and materal lien coverage in item 6 of Covered Tills Risks 4, Failure to pay value for your title. 5. Lack of a fight: • to any land outside the area specifically described and referred to in item 3 of Schedule A.or • in streets,alleys.or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. f F s E MiS C^'+ffl• that the mafpri! ccntaincd f herein i; a ;-�.. � .� �_. :��, �:���� of material oa fi; :-y Coastal Commission ano In custody of said Commission. By: /fit G2 4,/ ,, /� �7, Titfei 'i"i (.(GC E Dates � /a 7/ 01/12/01 15:52 FAX 7148004965 016 Form No.1491.F-AGLE(10/98) Addendum to Exhibit A ADDENDUM TO EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Typo) 11.EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE— 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE — 1998 + EXCLUSIONS t in addition to the Exceptions in Schedule S,you are not Insured against loss,costs,attorneys'fees,and expenses resulting(corn: 1. Governmental police power,and the existence or violation of any law or govemment regulation. This includes ordinances,taws and reguladons concerning; & -building b. zoning c. land use d. Improvements on the land a. land division f: environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of tea violation or enforcement appears In the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14,15,16, 17 or 24. 2. The failure of Your existing structures,or any pan:of them,to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it,unless: a. a notice of exorcising the right appears in the Public Records at the Policy Date;or b. the taking happened before the Policy Date and is binding on You If You bought the Land without Knowing of the taking. 4. Risks: a. that are created,allowed,or agreed to by You,whether or not they appear in the Public Records; b. that are Known to You at the Policy Data,bul not to Us,unless they appear In the Pubic Records tat the Policy Date; e. that resvii In no loss to You;or 0. that first occur after the Policy Date—this does not llmlt the coverage described In Covered Risk 7,84,22,23,24 or 25. 5. Failure to pay value for Your Tide. S. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b. in streets,alleys,or waterways that touch the Land This Exclusion does not limit the coverage described In Covered Risk 11 or 16. 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any, law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, at regulations) restricting, regulating, prohibiting or relating to(I) the occupancy, use, or enjoyment of the Land; (II)the character, dimensions or location of any improvement now or hereafter erected on the Land;(its)a separation in ownership or a change In the dimensions or area of the Land or any parcel of which the Land Is or was s part;or(1v) environmental protection, or the attcct of any violation of these laws, ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in Public Records at Due of Policy. This exclusion does not limit the eoverago provided under inswing provisions 14,15,16 and 26 of this policy. M Any governmental police power not excluded by (a) above, except to the extant that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has bean recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Insuring provisions 14, 16, 16 and 24 of this policy, 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects,Ilene,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured Claimant; lb) not Known to the Company,not recorded in the Public Records al Dale of Policy, but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the data the Insured Claimant became an Insured under this policy; (e) resulting in no loss or damage to the insured Claimant: (d) attaching or created subsequent to Date of Policy(this paragraph(d)does not Emit the coverage provided under insuring provisions 7,13. 16, 17,19,20,21, 23,24 and 251;or (e) resulting in loss or damage which would not have been sustained If the Insured Claimant had paid value for the Insured Mortgsgs. A. Unan force ability of the lien of the Insured Mortgage because of the inability of failure of the Insured at Data of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing bualnesa laws of the state in which the Land is situated. I S. Invalldiry or unenforcaabtiity of the flan of the Insured Mortgage,at claim thereof,which arisae out of the tranaaadart evidenewd by the Insured Mortgage and is based upon: (a) usury,except as provided under insurng provision 10 of this policy;Or (b) any consumer credit protection or truth in lending law. 6. Texas or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of PoliCy. Nis certifies thit the m grtri;l contained herein is a hie n1 ccrrect copy of materi-! "'n fi;- .v: 1, the California Coastal Commission and in custody of said Commission. Title. Date: 01/12/01 15:53 F.A 71 ,.8004965 Z 017 ( 7. Any claim,which arises out of the i ansaction creating the Interest of the mortgage insured by this policy,by reason of the operation of federal bankruptcy,state Insolvency,or similar creditors'righ s laws,that is based on: (a1 the tranaacalon creating the int,rest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer:or (b) the subordination of the interest of the Insured mortgagee as a result of the application of the doctrine of equltable subordination;or (c) the transaction creating the in,crest of the insured mortgagee being deemed a preferential transfer except where the praferentiai trans(er results from the failure; fi) to timely record the instn ment of transfer:or (ii) of such recordation of Import notice to a purchaser for value or a judgment or lien creditor. S. Any claim of Invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances of modifications made after the insured has Knowledge that the vestes showr In Sohadu)e A is no longer the owner of the estate of interest covered by this policy. This exclusion does not limit the coverage provided under insurng provision 7. S. Lack of priority of the lien of the Insured Mortgage as to each and every advance made alter Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters w-facting title,the existence of which are Known to the Insured at: (a) The time of the advance;or (b) The time a modification is maoa to the term■of the insured Mortgage which changes the rate of interest charged,if the rate of interest Is greater as a result of the modification than it wguid have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. SCHEDULES This policy does not insurb against loss or damage land the Company will not pay costs,silomeys'fees or expenses)which arise by reason of: 1. Environmental protection Gees d,o wded for by the following existing statutes, whits Gans will have priority over the lien of the Insured Mortgage when they arias:NONE. 13, AMERICAN LAND TITLE ASSOCIATION LOAN POLICY— 1992 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS When the American Land Title Assod,tion ban policy with EAGLE Protection Added Is used as a Standard Coverage Policy and not as an Extendad Coverage Policy the exclusions set lorth In paragraph 12 above ors used and the following exceptions to coverage appear in the policy: SCHEDULE S This policy does not insure against lost or damage(and the Company will not pay Costs.attorneys'fees or expenses)which arise by reason of: Part One: 1: Tama or assessments which are not shown as existing leans by the records of any taxing authority that levies texas or asaessmants on real property or by the public records. 2. Any fact■, rights, Interests, or cia:ma which are not shown by the public records but which could be ascertained by an inspection of said land or by mating inquiry of persona In possession th:3reof. 3, 69soments,Bairns of sassment or encumbrances which are not shown by the public records, 4. Discrepanclea,conflicts In boundary lines,shortage in area,encroachments,or uny other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;rasarva'ions or exceptions in patents or in new authorising the Issuance thereof;water rights,claims or title to water. S. Any lien,or right to alien,for sery ces,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. Part Two: 1. Environmental protection liens provided toe by the following existing statutes, which liens will have priority over the lien of the insured Mortgage when they arise:NONE. i ' s t ! This Certifies that the rnit2rial ccn'^ineo herein is a f,!, ;art Cn,,r:?ct cr'o r 1f rnaterial 'LN We -Nl't; t"- C„ifornia Coastal Commission ana in Custody of said Commission, gy; xZ' �aGOtr�r�� ' Title; cy Dates �� 71e __4 Q/J/7 A O�JC� , ,TINS s -..- _f's OFFICE OF Y CITY ATTORNEY ITT PO Box 190 2000 Main Street Telephone Gad Hutton Huntington Beach California 92648 MQ 53&5555 City Anomey Fax (714)374-1590 CITY ATTORNEY'S OFFICE CUSTOMER SATISFACTION SURVEY RLS # Date Received Date Completed We are constantly looking for ways to improve the quality of our services To do that we need to know what you think We'd really appreciate It if you would take just a few minutes to respond to the handful of questions below As a valued customer,how you rate our work Is the most important information we can get Help us do the job you deserve- the best possible) - Return this survey to our office at your earliest convenience Thank you Please circle the appropriate response Your additional comments are also welcome, (1 =Very Unsatisfied, 2 =Unsatisfied, 3 =Satisfied,4=Very Satisfied) How satisfied are you with 1 Your overall experience with our office regarding this RLS' 1 2 3 4 Comment 2 The information you received In response to this RLS9 1 2 3 4 Comment 3 The amount of time required to complete this RLS9 - 1 2 3 4 Comment r hx r 1 4 The accessibility of the attorney who worked on this RLS9 1 2 3 4 Comment _ r 5 The helpfulness of the non-attorney staff who assisted you`' *1 2 " - 3 4 Comment � Additional Comments ��:P•a2 r.L,� ��c�Lyi� G�, _ ' r J. City of Huntington Beach P.O. Box 190 - 2000 Main Street Huntington Beach, California 92648 HUNTINGTON BEACH www.ci.huntington-beach.ca.us From the desk of: Connie Brockway, CIVIC City Clerk Telephone: (714) 536-5404 Fax: (714) 374-1557 o� v 2 '�4 w �- I� CITY OF HUNTINGTON BEACH RLS No. REQUEST FOR LEGAL SERVICES Assn To Gail Hutton, City Attorney Date Date: Request made by: Telephone: Department: j 2/28/01 Connie Brockway 536-5404 I City clerk INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ® Opinion ❑ Stop Notice ❑ Resolution ❑ Lease ❑ Bond ❑ Meeting ❑ Contract/Agreement ❑ Deed ❑ Court Appearance ❑ Insurance ❑ Other: Is Request for Preparation of Contract form attachedl?'� ❑ Yes ® No Are exhibits attached? i�iG Cel-h6wW Doow. 4d. �� '+ ® Yes ❑ No Ga-r1&*L- Co rW,&* cAeb Unless otherwise specified herein, I If not for Council action, consent to the disclosure of the If for City Council action, desired completion date: information contained in this RLS to all me Pers of the C' Council. Agenda Deadline Council Meeting 4-6-01 Signature of Departme6f Head COMMENTS Subject: Request For City Attorney & Real Property Department Review of Settlement Agreement — Open SpaceNVetland Preservation & Restoration Deed Restriction —Subordination Agreement and Title Report— Coastal Development Permit No. 97-15 See attached. Routing: ❑ GCH 1 ❑ PDA 1 ❑ LB ❑ SL ❑ JF ❑ ADL 1 ❑ SF 1 ❑ JM ❑ This Request for Legal Services has been assigned to attorney , extension His/her secretary is , extension Notes File Name: Date Completed: WP No. ❑ Shaded areas for City Attorney's Office use only. CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION .�t TO: Gail Hutton, City Attorney Matt Lamb, Real Estate Manager FROM: Connie Brockway, City Clerk Cb DATE: March 29, 2001 SUBJECT: Request For City Attorney& Real Property Department Review of Settlement Agreement—Open SpaceMetland Preservation& Restoration Deed Restriction —Subordination Agreement and Title Report—Coastal Development Permit No. 97-15 The Mayer Corporation took charge of recording the above documents. I requested and received copies of the documents, however, the copies the Mayer Corporation provided are conformed copies. Deborah Bove, Legal Analyst, California Coastal Commission, provided certified copies of the original recorded documents on file at the Coastal Commission. When the Title Company hired by Mayer Corporation recorded the original documents they gave the County Recorder copies to conform. The County Recorder does not check the conformed copy provided by Mayer Corporation against the original—that is why the Recorder marks it conformed copy. The conformed copy of the deed given to the city differs from the original document, The Title Company,for its own protection, affixed to the documents this wording—"This instrument filed for record by First American Title Insurance Company as an accommodation only. It has not been examined as to its execution or as to its effect upon the title." This wording is never affixed to a document that the City records. The County Recorder advised me that when the City records a document, two signatures are required— Mayor/City Clerk. When a private party records—only one signature is required. The documents were signed by then Mayor Pro Tern Harman and notarized. Following the signing and notarization the words Wetland Preservation were removed from Page No. 1 of the Deed Restriction. This wording was in the Deed Restriction approved by Council. The Deed Restriction should have been returned to the City for the City Attorney to determine whether this change is non-substantial. Also to have Mayor Pro Tern Harman's signature reacknowledged as well as the other signatures reacknowledged. A strikeout of words in this document may have been necessary, however without reacknowledgement before a notary it is not legal. On Page No. 5 of the Deed Restriction (b) and (c)—someone has penciled in the words not in condition language of settlement. Perhaps this notation was made by Coastal Commission attorneys. There is a Preliminary Title Report. Is there a set time for a Final Title Report? I am requesting a memorandum in answer to my questions so that I may include it in the official City Council file. This will allow future City Councils, City Attorneys and City Clerks to be aware of: (1) The reasons why there are discrepancies in the original documents approved by Council and what was recorded. (2)The change made after approval and notarization. (3) The disclaimer by First American Title Company which never appears on City-recorded documents. (4)The need, if any for a Final Title Report and (5) The significance, if any, of the handwritten notation on the deed. It would be appreciated if your department will ensure that in future Settlement Agreements that include documents which will eventually be in the City Clerk's custody, that a company or developer will not be permitted to have custody of city documents and to provide them to a Title Company for recordation. Most Settlement Agreements are kept by your department and are not the concern of the Clerk's Office. It is because these documents have been processed out of the normal procedure that a review by your office is needed. Attachments: (1) Copies of portions of Recorded Documents 1(1 a) Copies of portions of"conformed"documents (2) Copy of Mayer Corporation letter to City Clerk's Office—2/9/01 (3) Copy of Coastal Commission letter to City Clerk's Office—3/7/01 (4) Certified copies of Original Documents and Preliminary Title Report (Certified by the Coastal Commission) For City Attorney Review(The Coastal Commission has originals.) g:/Cbmemos/2001cbmem/Settlement Agreement CDP 97-15 Lo J� At City of Huntington Beach P.O. Box 190 - 2000 Main Street Huntington Beach, California 92648 HUNTINGTON BEACH www.ci.huntington-beach.ca.us From the desk of: Connie Brockway, CIVIC . City Clerk Telephone: (714) 536-5404 Fax: (714) 374-1557 9.0 4c4n ih �s � Z4, ¢,VII . i This document was electronically recorded by 'I First American Title Insurance Company AE00;Z0BdG REQUESTED 3Y Kt6C mailCm nU N ICE COWMY I RECORDING REQUESTED Bt"D RETURN TO: Recorded in Official Records,County of Orange 2 California Coastal Cohn-nission iUESTED BY AND Gary L. Granville, Clerk-Recorder 45 Fremont Street, Suite 2000 ;ommission l�I II I NO FEE 3 San Francisco, CA 94105-2219 �aios 2209 20000689468 04:30 m 12/19/ 0 Attn: Legal Division ,n 121 15 D12 49 p 4 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5 OPEN SPACEtr � lv�.�t>�ar [ I___ D -6 RESTORATION DEED RESTRICTION 7 8 I. WHEREAS, the City of Huntington Beach Redevelopment Agency, 9 hereinafter referred to as the "Owner," is the record owner of the real property in the City 10 of Huntington Beach, County of Orange, State of California, which is described on 11 Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred t�} 12 to as the "Property"); and 13 II. WHEREAS, Mayer Financial, L.P., is the Developer of the Property 14 and the assignee of all right, title and interest of the Robert L. Mayer Trust in the 15 Property. The Robert Mayer Corporation is, and at various times has been, the agent and 16 representative of Mayer Financial, L.P., and the Robert L. Mayer Trust. The Robert 17 Mayer Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust are hereinafter 18 collectively referred to as "Mayer." 19 III. WHEREAS, the California Coastal Commission, hereinafter referred 20 to as the "Commission," is acting on behalf of the People of the State of California; and 21 . IV. . WHEREAS, the subject property is located within the coastal zone 22 as defined in Section 30103 of Division 20 of the California Public Resources Code, 23 hereinafter referred to as the "California Coastal Act of 1976" (the "Act"); and 24 �.`{ WHEREAS, the Property includes an area (the "Degraded Wetland 25 Area"') within which there is an existing .696-acre degraded wetland located generally 26 1000 feet inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. 27 The Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 28 THIS INSTRUMENT FILED FOR RECORD BY 1CHARDS. WATSON FIRST AMERICAN TITLE INSURANCE COMPANY AS AN of GERSHON - 1 Attorneys at Law 12063\0003\631622.5 ACCOMMODATION ONLY. IT HAS NOT BEEN EXAMINED AS T ITS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE r WkwmAMXST-toV CONFORMED COPY FYNXWmmuma"" x Recorded in O�ficial Records,County of Orange 1 RECORDING REQUESTED BY AND Ga L. Granville, Clerk-Recorder RETLRNI T0: 1111f11 fllll lllll llill flili 1111111111111111111111111If1 N O F E F 2 California Coastal Commission i 45 F:,rnont Street, Suite 2000 3 San Francisco CA 94105-2219 20000689468 04:30pm 12/19/ 0 0 Ami: Legal Division 121 15 D12 49 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5 OPEiti SPACE /WETL-kNTD PRESERV4TION AND 6 RESTORATION DEED RESTRICTION 7 8 1. WHEREAS, the City of Huntington Beach Redevelopment Agency, 9 hereinafter referred to as the "Owner," is the record owner of the real property in the City 10 of Huntington Beach, County of Orange, State of California,which is described on 11 Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred r� 12 to as the "Property"); and Q 13 II. WHEREAS, Mayer Financial, L.P., is the Developer of the Property C14 and Erie assignee of all right, title and interest of the Robert L.Mayer Trust in the 15 Property. The Robert Nfayer Corporation is, and at various times has been, the agent and 16 representative of Mayer Financial,L.P., and the Robert L. Mayer Trust. The Robert 17 Mayer Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust are hereinafter 18 collectively referred to as `'Mayer." 19 III. WHEREAS, the California Coastal Commission, hereinafter referred 20 to as the"Commission," is acting on behalf of the People of the State of California; and 21 IV. WHEREAS,the subject property is located within the coastal zone 22 as'defined in Section 30103 of Division 20 of the California Public Resources Code, 23 hereinafter referred to as the "California Coastal Act of 1976" (the "Act"); and 24 V. WHEREAS, the Property includes an area(the "Degraded Wetland 25 Area')within which there is an existing .696-acre degraded wetland located generally 26 1000 feet inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. 27 The Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 28 /// VTHIS INSTRUMENT FILED FOR RECORD BY RICMAn Ot{.WATSON FIRST AMERICAN TITLE INSURANCE COMPANY AS AN a GLASMOM 1 ACCOMMODATION ONLY. ri'HAS NOT BEEN EXAMINED AS TO Attornrlrs at La. 12063 C�JG3e631622.5 1TS EXECUTION OR AS TO ITS EFFECT UPON THE TrrLE � ��� � �7 ( �`♦A',(p,,� Nam'` tv. t All, \\\ h 1 (b) environmental education uses pursuant to a coastal development permit, if required; and 2 (c) wetland restoration uses pursuant to a coastal development permit, if 3 required. 4 2. DURATION. This Deed Restriction shall not become effective 5 unless and until the Commission issues the Notice required under Paragraph 2 of the 6 Settlement Agreement, and City of Huntington Beach CDP 97-15 is, and remains, final 7 and not subject to appeal to the Commission. Once effective, the Deed Restriction shall 8 remain in full force and effect in perpetuity, unless subsequently removed or changed by a 9 Coastal Development Permit issued by the Commission, and thereby confers benefit upon 10 the Property described herein, and shall bind Owner and all its assigns or successors in 11 interest. 12 3. RIGHT OF ENTRY. The Commission or its agent may enter on to 13 the Degraded Wetland area of the Property from Beach Boulevard at times reasonably 14 acceptable to the Owner to ascertain whether the use restrictions set forth above are being 15 observed. 16 4. REMEDIES. Any act, conveyance, contract, or authorization by the j 17 Owner, whether written or oral, which uses or would cause to be used or would permit !, 18 use of the Property contrary to the terms of this Deed Restriction will be deemed a 19 violation and a breach hereof. The Commission and the Owner may pursue any and all 20 available legal and/or equitable remedies to enforce the terms and conditions of this Deed 21 Restriction. In the event of a breach, any forbearance on the part of either party to 22 enforce the terms and provisions hereof shall not be deemed a waiver of enforcement 23 right regarding any subsequent breach. 24 5. TAXES AND ASSESSMENTS. It is intended that this Deed 25 Restriction-is 'irrevocable and shall constitute an enforceable restriction within the 26 meaning of(a) Article XIII, section 8, of the California Constitution;'and(b) section 27 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, 28 this Deed Restriction shall be deemed to constitute a servitude upon and burden to the RICHARDS WATSON d GERSHON 5 Attorneys at Law 12063\0003\631622.5 { 'rhis certifies that the material contained herein is a trur, ana correct copy of material on file qua tlr: California Coastal Commission ano in custody of said Commission. / By: 7 c<.e GTitle: Date. 1 7/� This document was electronically recorded by yam•-y-y��ry�,���,yy}}�_� +1 First American Title Insurance Company 11LVVsb�XW� 'G� �� ,V�.Y rWW-W WAW* Recorded in Official Records,County of Orange II III I IIIII III I IIIII I�IIi IIIII IIIII IIIII III.i I lII Ill Clerk-Recorder RECORDING REQUESTED BY �� NO F E E AN-D `VHEN RECORDED MAIL TO: ,D BY 20000689469 04:30pm 12/19/00 b1.4IL TO: 121 15 S 13 15 CALIFORNIA COASTAL COMMISSION 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 45 Fremont Street, Suite 2000 COMMISSION San Francisco, California 94105-2219 r00 Attention: Legal Division -4105-22I9 (Space Above For Recorder's Use Only) SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT is entered into as of this 29 day of November, 2000, by THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a Public Agency ("Redevelopment Agency"), THE CITY OF HUNTINGTON BEACH, a charter city ("City"), THE WATERFRONT HOTEL, LLC, a California limited liability company ("Waterfront"), Robert L. Mayer, as trustee of the ROBERT L. MAYER TRUST OF 1982, dated June 2, 1982 ("Mayer Trust"), and MAYER FINANCIAL, LTD., a ,., California limited partnership ("Mayer Financial") (the Redevelopment Agency, the City, Waterfront, the Mayer Trust, and Mayer Financial may hereinafter be referred to collectively as the"Subordinating Parties"), with reference to the following facts: Z A. The Redevelopment Agency is the current fee owner of that certain real property located in the City of Huntington Beach, County of Orange, State of California, as more particularly described on Exhibit "A", attached hereto and incorporated herein by reference (the "Property"), a portion of which Property includes an area commonly referred to as the"Degraded Wetland Area", as more particularly described on Exhibit "B", attached hereto and incorporated herein by reference. B. On or about April 28, 1989, the Redevelopment Agency and the Mayer Trust, predecessor in interest by assignment to Mayer Financial, executed that certain unrecorded Lease (the "Lease"), as evidenced by that certain Memorandum of Lease, recorded on April 28, 1989, in the official records of the County of Orange, State of California ("Official Records") as Instrument No. 89-225547 (the "Memorandum of Lease"), whereby the Redevelopment Agency leased to the Mayer Trust and the Mayer Trust leased from the Redevelopment Agency that certain real property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Lease. The real property encumbered by the Lease may or may not affect the Degraded Wetland Area. C. On -r about September 21, 1998, the City, Mayer Financial, and Waterfront executed that certain Amended and Restated Development Agreement ("Development Agreement"), recorded on October 21, 1998, in the Official Records as Instrument No. 19980711512, and re-recorded in the Official Records on December 7, 1998, as Instrument No. 19980838602, which Development Agreement encumbers the Degraded Wetland Area and other real property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Development Agreement. 615/019740-0003 THIS INSTRUMENT FILED FOR RECORD BY 134050.02 al I/i?1 A FIRST AMERICAN TITLE INSURANCE COMPANY AS AN ACCOMMODATION ONLY. IT HAS NOT BEEN EXAMINED AS TO ITS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE '� Recorded in Official Records,County of Orange Ga L. Granville. Clerk-Recorder WMW � Y. I I I I I I I I I I I I I I I I I l 111I I�I I l I I I I I I I I I I I l l l l I I l l l l l l l l I I I NO FEE RECORDItiG REQUESTED BY 20000689469 04:30pm 12/19/00 AND 'Vl HEN RECORDED MAIL TO: 121 15 S 13 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CALIFORNIA COASTAL COti4MISSION 45 Fremont Street, Suite 2000 San Francisco, Califomia 9;105-2219 CONFORMED COPY Attenrion: Legal Division lJ (Space Above For Recorders Use O�!y) SLBORDItiATION AGREEMENT THIS SUBORDLI'ATION AGREEMENT is entered into as of this 29 IL-day of November, 2000, by THE REDEVELOPMENT AGENCY OF THE CITY OF HUNT'INGTON' BEACH, a Public Agency ("Redevelopment Agency"), THE CITY OF HU��TTINGTON - BEACH, a charter city ("City"), THE WATERFRONT HOTEL, LLC, a California limited liability company ("Waterfront"), Robert L. Mayer, as trustee of the ROBERT L. MAYER TRUST OF 1982, dated June 2, 1982 ("Mayer Trust"), and MAYER FINANCIAL, LTD., a California limited partnership ("Mayer Financial") (the Redevelopment Agency, the City, Waterfront, the Mayer Trust, and Mayer Financial may hereinafter be referred to collectively as ` the"Subordinating Parties"),with reference to the following facts: A. The Redevelopment Agency is the current fee owner of that certain real property located in the City of Huntington Beach, County of Orange, State of California, as more particularly described on Exhibit "A", attached hereto and incorporated herein by reference (the "Property"), a portion of which Property includes an area commonly referred to as the"Degraded Wetland Area", as more particularly described on Exhibit "B", attached hereto and incorporated herein by reference. B. On or about April 28, 1989, the Redevelopment Agency and the Mayer Trust, predecessor in interest by assignment to Mayer Financial, executed that certain unrecorded Lease (the "Lease"), as evidenced by that certain Memorandum of Lease, recorded on April 28, 1989, in the official records of the County of Orange, State of California ("Official Records") as Instrument No. 89-225547 (the "Memorandum of Lease"), whereby the Redevelopment Agency leased to the Mayer Trust and the Mayer Trust leased from the Redevelopment Agency that certain real property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Lease. The real property encumbered by the Lease may or may not affect the Degraded Wetland Area. C. On -r about September 21, 1998, the City, Mayer Financial, and Waterfront executed that certain Amended and Restated Development Agreement ("Development Agreement"), recorded on October 21, 1998, in the Official Records as Instrument No. 19980711512, and re-recorded in the Official Records on December 7, 1998, as Instrument No. 19980838602,which Development Agreement encumbers the Degraded Wetland Area and other real property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Development Agreement. al5rpc97; G I THIS INSTRUMENT FILED FOR RECORD BY I3;q:0.G:a!Ili2JO FIRST A IERICAN TITLE LNSURA-VCE COMPAN AS AN ACCONINIODATION ONLY, IT HAS NOT BEEN EXAMINED AS TO ITS EXEC UTION OR AS TO ITS EFFECT UPON THE TITLE A- THE ROBERT' kA ` MAYER ORPORATION ' 6i BY HAND DELIVERY oe Ms. Connie Brockway City Clerk Q City of Huntington g Beach 1, 2000 Main Street . Huntington Beach, California 92648 Re: The Waterfront Degraded Wetland Settlement Agreement and Other Documents �dGv Dear Ms. Brockway: So, c�.+� Per your request of Cynthia Vallana of The Robert Mayer Corporation, I am enclosing for you copies of the following documents which have previously been sent to Mr. Paul D'Allessandro of the City Attorney's office. 1. Copy of fully executed Settlement Agreement. 2.- Copy of fully executed and recorded Open Space / Wetland Preservation and Restoration Deed Restriction (the "Deed Restriction"). (The recorded original is in the possession of the Coastal Commission.) o�tbrnal hAS �wEf1A+� �'��sF.Pua'F'�ar>I`� �ti'�ckenovT 3. Copy of fully executed and recorded Subordination Agreement. (The recorded original is in the possession of the Coastal Commission.) !t 4.N Copy of First American Title Insurance Company_Preliminary Report dated January 02, 2001 �coM��evidencing recordation of the Deed Restriction and Subordination Agreement. rf &L 4p5. Copy of letter dated January 23, 2001, executed by Peter Douglas, Executive Director of the A*JO* .T"►'�' California Coastal Commission, confirming the finality of Coastal Development Permit WIC 0'1 97-15 pursuant to the Settlement Agreement. 6. Copy of letter dated January 25, 2001, executed by the Mayer related entities and Ray Silver on behalf of the Redevelopment Agency abandoning Coastal Development Permit A-5-HNB-99-275 pursuant to the Settlement Agreement. I believe these are all of the documents related to this Settlement Agreement and should complete your file on this matter. If there is anything further I can help you with, please don't hesitate to call me at 949-589-8557 ext. 251. Sincer ono � C Shawn K. Millbern Sr. Vice President 6M&port Center Drive,Suite 1050 Box 8680 Newport Beach,California 92658-8680 (949)759-8091 �/J STATE OF CALIFORNIA—THE RESOURCES AGENCY GRAY DAVIS, Governor CALIFORNIA COASTAL COMMISSION _ 45 FREMONT STREET,SUITE 2000 I SAN FRANCISCO, CA 94105-2219 VOICE AND TDD (415) 9045200 March 7, 2001 Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, Ca 92648 Re: City of Huntington Beach CDP 97-15 CDP No. A5-HNB-98-203 Dear Connie: In response to your request, enclosed please find certified copies of the Settlement Agreement, Open Space/Wetland Preservation and Restoration Deed Restriction, Subordination Agreement and Title Report related to the above-referenced permits. If you have any questions regarding these documents, feel free to contact me. Sincerely, �IG(� ker�ah Bove Legal Analyst Enclosures 3 .01/12/01 15:46 FAX 7148004965 002 Form No.1068-1 (Rev. 10117/92) OR 9934225 Exhibit A W Preli-minary Rep= TITLE OFFICER- RONALA J.GOMEZ SZ AMER1C 1 1 r� relimiLary RepoilThis certifies that the Material l c,.,i• :�aneo herein is a true a�' ^errect copy of material on fife rv.th the California Coastal Commission - and in ' custody of said Commission. By; z Titlex ,r��a,( i Date; `��/�/ Mrst American 77de Insurance Company STATE OF CALIFORNIA--THE RESOURCES AGENCY GRAY DAVIS, Governor CALIFORNIA COASTAL COMMISSION 46 FREMONT STREET,SUITE 2000 SAN FRANCISCO, CA 94105-2219 VOICE AND TDD (415) 904-5200 A 1,1 r Zoo! IM, March 7, 2001 Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, Ca 92648 Re: City of Huntington Beach CDP 97-15 CDP No. A5-HNB-98-203 Dear Connie: In response to your request, enclosed please find certified copies of the Settlement Agreement, Open Space/Wetland Preservation and Restoration Deed Restriction, Subordination Agreement and Title Report related to the above-referenced permits. If you have any questions regarding these documents, feel free to contact me. Sincerely, ker4�Bove Legal Analyst ra ■ Enclosures l / i;E'C?+nw,PM.ESTtocf CONFORMED COPY Recorded in Official Records,County of Orange 1 RECORDItiG REQUESTED BY AND Ga L. Granville, Clerk-Recorder RETURN T0: IIII{IIIIIII111fIIIIIIIIIlfI11III{1I11II1{IIIIIIIIIII 2 Cal!iorrta Coastal Comrl.ission NO FEE" 45 Fremont Street, Suite 2000 ' 3 San Francisco, CA 94105-2219 20000689468 04:30pm 12/19/ 0 Attn: Legal Division 121 15 D12 49 4 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5 OPEN SPACE/WETLAND PRESERVATION AND 6 RESTORATION DEED RESTRICTION 7 8 I, WHEREAS, the City of Huntington Beach Redevelopment Agency, 9 hereinafter refer ed to as the "Owner," is the record owner of the real property in the City 10 of Huntington Beach, County of Orange, State of California, which is described on 11 Exhibit"A" attached hereto and incorporated-herein by this reference (hereinafter referred 12 to as the "Property"); and Q 13 II. WHEREAS,Mayer Financial, L.P., is the Developer of the Property 4 ' 14 and the assignee of all right, title and interest of the Robert L. Mayer Trust in the 15 Property. The Robert.Mayer Corporation is, and at various times has been, the agent and 16 representative of Mayer Financial,L.P., and the Robert L. Mayer Trust. The Robert 17 Mayer Corporation, Mayer Financial,L.P., and Robert L. Mayer Trust are hereinafter 18 collectively referred to as `'Mayer." 19 III. WHEREAS,the California Coastal Commission, hereinafter referred 20 to as the "Commission," is acting on behalf of the People of the State of California;and 21 IV. . WHEREAS,the subject property is located within the coastal zone 22 as*defined in Section 30103 of Division 20 of the California Public Resources Code, 23 hereinafter referred to as the "California Coastal Act of 1976" (the "Act");and 24 V. WHEREAS, the Property includes an area(the "Degraded Wetland 25 Area')within which there is an existing.696-acre degraded wetland located generally 26 1000 feet inland of the northwest comer of Pacific Coast Highway and Beach Boulevard. 27 The Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 28 /// /THIS INSTRUMENT FILED FOR RECORD BY RICHAROS,wwTsaN FIRST AMERICAN TrrLE INSURANCE COMPANY AS AN Q OEPS AT AltOfn�"I of Lsw 1206's',M03i631622.5 1 ACC0,MMODATION ONLY. IT HAS No-r BEEN EXAMINED AS TO ITS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE t This document was electronically recorded by `1 First American Title Insurance Company WWRDING REQUESTED 3Y ' CM Wa NawaCOS' 1 RECORDING REQUESTED B�°,� RETURN TO: Recorded in Official Records,County of Orange 2 California Coastal Commission IUESTED BY AND Ga l-. Granville, Clerk-Recorder 45 Fremont Street, Suite 2000 -ommission Il lllil lllll lllll lllll l 1 1 1 II,�I I�I NO F E 3 San Francisco, CA 94105-2219 �a105-22�9 20000689468 04:30 m 12/19/ 0 4 Attn: Legal Division ,n 121 15 D12 49 p 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5 OPEN SPACE LMWMAMFMSEKTMMM,ND 6 RESTORATION DEED RESTRICTION 8 I. WHEREAS, the City of Huntington Beach Redevelopment Agency, 9 hereinafter referred to as the "Owner," is the record owner of the real property in the City 10 of Huntington Beach, County of Orange, State of California, which is described on I 11 Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred (v 12 to as the "Property"); and v 13 II. WHEREAS, Mayer Financial, L.P., is the Developer of the Property 14 and the assignee of all right, title and interest of the Robert L. Mayer Trust in the 15 Property. The Robert Mayer Corporation is, and at various times has been, the agent and 16 representative of Mayer Financial, L.P., and the Robert L. Mayer Trust. The Robert 17 Mayer Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust are hereinafter 18 collectively referred to as "Mayer." 19 III. WHEREAS, the California Coastal Commission, hereinafter referred i 20 to as the "Commission," is acting on behalf of the People of the State of California; and 21 IV. . WHEREAS, the subject property is located within the coastal zone 22 as defined in Section 30103 of Division 20 of the California Public Resources Code, 23 hereinafter referred to as the "California Coastal Act of 1976" (the "Act"); and 24 V. WHEREAS, the Property includes an area(the "Degraded Wetland 25 Area") within which there is an existing .696-acre degraded wetland located generally 26 1000 feet inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. 27 The Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 28 THIS INSTRUMENT FILED FOR RECORD BY ICHARDS, WATSON FIRST AMERICAN TITLE INSURANCE COMPANY AS AN a GERSHON Attorneys at Law 12063\0003\631622.5 1 ACCOMMODATION ONLY. IT HAS NOT BEEN EXAMINED AS T ITS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE I STATE OF CALIFORNIA—THE RESOURCES AGENCY GRAY DAVIS, Governor CALIFORNIA COASTAL COMMISSION 45 FREMONT STREET,SUITE 2000 SAN FRANCISCO, CA 94105-2219 VOICE AND TOO (415)904-5200 March 7, 2001 Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, Ca 92648 Re: City of Huntington Beach CDP 97-15 CDP No. A5-HNB-98-203 Dear Connie: In response to your request, enclosed please find certified copies of the Settlement Agreement, Open Space/Wetland Preservation and Restoration Deed Restriction, Subordination Agreement and Title Report related to the above-referenced permits. If you have any questions regarding these documents, feel free to contact me. Sincerely, �IGfi kerr ah Bove Legal Analyst Enclosures 1 SETTLEMENT AGREEMENT 2 3 This Settlement Agreement ("Agreement") is entered into by and between 4 the California Coastal Commission ("Commission"), the City of Huntington Beach 5 ("City), the Huntington Beach Redevelopment Agency("Agency"), and the Robert Mayer 6 Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust (collectively, "Mayer"). 7 The Commission, City, Agency and Mayer are sometimes collectively referred to in this 8 Agreement as "the Parties." 9 RECITALS 10 WHEREAS, the Agency is the owner in fee simple of certain real property 11 in the City of Huntington Beach, County of Orange, State of California, which is 12 described on Exhibit "A" attached hereto and incorporated herein by this reference (the 13 "Property"). 14 WHEREAS, Mayer Financial, L.P., is the Developer of the Property and the 15 assignee of all right, title and interest of the Robert L. Mayer Trust in the Property. The 16 Robert Mayer Corporation is, and at various times has been, the agent and representative 17 of Mayer Financial, L.P., and the Robert L. Mayer Trust. 18 WHEREAS, the Property includes an area (the "Degraded Wetland Area") 19 within which there is an existing .696-acre degraded wetland located generally 1000 feet 20 inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. The 21 Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 22 incorporated herein by this reference and described specifically on Exhibit "C" attached 23 hereto and incorporated herein by this reference. 24 WHEREAS, on April 11, 2000, the Commission approved, with conditions, 25 Coastal Development Permit No. A-5-HNB-99-275, an application filed by the Robert L. 26 Mayer Trust and the Agency to fill the Degraded Wetland Area in conjunction with the 27 implementation of a wetland and riparian woodland habitat restoration project at the 28 Shipley Nature.Center in the City of Huntington Beach. RICHARDS, WATSON &GERSHON Attorneys at Law 12063\0003\631622.4 1 f , This certifies that the material contained herein is a true ano correct copy of material on file with the California Coastal Commission and In custody of said Commission. , By: �.� Title: Dates 9 7/o I WHEREAS, on September 13, 2000, the Commission adopted Revised 2 Findings to support its decision to approve Coastal Development Permit No. A-5-HNB- 3 99-275, finding that the development, as conditioned, is consistent with the certified City 4 of Huntington Beach Local Coastal Program. 5 WHEREAS, on May 17, 2000, project opponents filed a lawsuit entitled 6 Bolsa Chica Land Trust, et al. v. California Coastaf Commission, et al., Orange County 7 Superior Court Case No. OOCCO5991, seeking to set aside the Commission's approval of 8 Coastal Development Permit No. A-5-HNB-99-275. 9 WHEREAS, on September 14, 1998, the City of Huntington Beach City 10 Council granted the separate application of the Robert Mayer Corporation and Mayer 11 Financial, L.P., for Coastal Development Permit CDP 97-15, approving, inter alia, the 12 construction of the Grand Coast Resort Hotel and Conference Center, located generally 13 on the north side of Pacific Coast Highway, west of Beach Boulevard and east of 14 Huntington Street, in the City of Huntington Beach. .i 15 WHEREAS, on September 22, 1998, the Commission acknowledged 16 receipt of the City's written Notice of Action on CDP 97-15, thereby commencing a 10 17 working day appeal period. 18 WHEREAS, on October 7, 1998, the Commission wrote the Robert Mayer 19 Corporation and City, informing them that the 10-day appeal period expired on October 6, 20 1998, that no appeals were received by the Commission, and that CDP 97-15 is therefore . 21 final. 22 WHEREAS,pursuant to City of Huntington Beach CDP 97-15, Mayer has 23 undertaken substantial site preparatory work and contends that it has incurred substantial 24 liabilities in preparation for imminent construction of the Grand Coast Resort Hotel and 25 Conference Center. 26 WHEREAS, on September 12, 2000, the Staff of the Commission issued a 27 written Notice of Suspension to the City, suspending CDP 97-15 pending a further review 28 of the legal adequacy of the City's September 18, 1998 Notice of Action. The City, RICHARDS,WATSON &GERSHON Attorneys at Law 12063\0003\631622.4 2 r This c,,rif;es that the r,.atri^! cantine herein a put mj Ct,rma of copy f:!- ..;,+!; 6E Coasta! Cornmissi:n a n o ;n custody of said Commissi;.1. `` By: i /to Gam.a-�l Title; too J v Date; J/�7/° I Agency and Mayer contend that said Notice of Action was, and is, legally adequate and 2 no longer subject to challenge. 3 WHEREAS, the Parties have since conducted a thorough review of the 4 disputed matters, and have agreed to a full, final and complete settlement on the terms 5 and conditions set forth herein. 6 WHEREAS, this Agreement is entered into by the Commission, City, 7 Agency and Mayer, and each of them, without any admission of fault or liability of any 8 kind or of any contention of any of the Parties, but instead to avoid the costs and risks of 9 litigation and to resolve this matter in a matter mutually satisfactory to all of the Parties. 10 11 AGREEMENT 12 NOW, THEREFORE, in consideration of the mutual covenants and 13 promises contained herein, the Commission, City, Agency and Mayer agree to settle the 14 disputed matters upon the following terms and conditions: i 15 1. Recordation of Open Space/Wetland Preservation and Restoration 16 Deed Restriction. The Agency shall execute and record a Deed Restriction over the 17 Degraded Wetland Area which limits, in perpetuity, the uses of the Degraded Wetland 18 area to natural open space for wetland preservation and restoration uses. The Deed 19 Restriction shall run with the land, binding all successors and assigns, and shall be 20 recorded free of prior liens that the Executive Director of the Commission determines 21 may affect the enforceability of the Deed Restriction. The Deed Restriction shall be 22 substantially in the form attached hereto as Exhibit I'D,"and shall not be removed or 23 changed without a coastal development permit issued by the Commission. The Deed 24 Restriction shall not become effective unless and until the Commission issues the Notice 25 required under Paragraph 2,below, and City of Huntington Beach CDP 97-15 is, and 26 remains, final and not subject to appeal to the Commission. } 27 2. Withdrawal of Commission Suspension Notice. Within five (5) days 28 receipt of written proof that the Deed Restriction has been recorded consistent with the R ICHARDS,WATSON &GERSHON Attorneys at Law 3 12063\0003\631622.4 t This certifies that the material contained herein is a t as %-nc correct copy of material on file with ti:e California Coastal Commission and in custody of said Commission. By: Titles Date, /a7// 1 terms and conditions of Paragraph 1, above, the Commission, through its Executive 2 Director, shall issue a Notice of Withdrawal of Suspension Notice ("Notice") to the City, 3 with copies to the Agency and the Robert Mayer Corporation, formally withdrawing its 4 September 12, 2000 Notice of Suspension and advising that City of Huntington Beach 5 CDP 97-15 is final and not subject to appeal to the Commission. The Notice shall be 6 substantially in the form attached hereto as Exhibit "E." The Commission shall take no 7 action thereafter inconsistent or in conflict with that Notice. 8 3. Abandonment of Permit Approval. The Agency and Mayer agree to 9 abandon the Commission's approval of Coastal Development Permit A-5-HNB-99-275, 10 effective upon issuance by the Commission of the Notice required under Paragraph 2, 11 above; provided, however, that the Commission's approval of Coastal Development 12 Permit A-5-HNB-99-275 shall remain in full force and effect unless and until the 13 Commission issues the Notice required under Paragraph 2, above, and City of Huntington 14 Beach CDP 97-15 is, and remains, final and not subject to appeal to the Commission. 15 The Agency and Mayer shall confirm this abandonment of permit approval to the 16 Commission in writing within ten (10) days' receipt of the Notice. 17 4. No Restoration Obligation. When the Agency and Mayer abandon 18 the Commission's approval of Coastal Development Permit A-5-HNB-99-275, said 19 Coastal Development Permit shall be of no force and effect, including but not limited to 20 any obligation by Mayer to undertake the wetland and riparian woodland habitat 21 restoration project at the Shipley Nature Center. Neither the Agency nor Mayer is under 22 any obligation to restore the Degraded Wetlands Area. 23 5. Future Conveyance of Degraded Wetland Area. The Agency may at I� 1 24 any time convey the Degraded Wetland Area, separate and apart from balance of the 25 Property, to the City or any other public agency for wetland restoration and other 26 purposes subject to and consistent with the Deed Restriction. 27 28 RICHARDS,WATSON t!GERS HON i Attorneys at Law 12063\0003\631622.4 4 � t i I • This certifies thit the material c^nf3ined herein is a t-!-! n c)rrect copy of material on file w;ttt tda California Coastal Commission and in custody of said Commission. By: A uas,a-v ?itlei Xx- `� �Date; 7��/ 1 6. Obligation to Remove Trash and Debris from Degraded Wetland 2 Area. The Agency and its successors and assigns shall maintain the Degraded Wetland 3 Area free of trash and debris. 4 7. Duty to Cooperate. The parties agree to cooperate in effectuating 5 the terms and conditions of this Agreement. 6 8. BindingEffect.ffect. This Agreement shall inure to the benefit of and 7 shall be binding upon the heirs, successors, assigns, representatives, and beneficiaries of 8 the parties. 9 9. No Admission of Liability or Wrongdoing. This Agreement is solely 10 for the purpose of compromising doubtful and disputed claims and avoiding litigation. 11 The Agreement shall not be construed as an admission of liability or wrongdoing of any 12 party or of any contention of any party. 13 10. Paragraph HeadiM. The paragraph headings contained herein are 14 for descriptive purposes only and are not intended to convey or change the meaning of 15 any provision hereof. 16 11. Interpretation. This Agreement shall be construed in accordance 17 with the laws of the State of California. 18 12. Legal Advice. Each party has received independent legal advice 19 from its attorneys with respect to the advisability of executing this Agreement and the 20 meaning of the provisions hereof. The provisions of this Agreement shall be construed as 21 to the fair meaning and not for or against any party based upon any attribution of such 22 party as the sole source of the language in question, it being expressly understood that the 23 parties hereto participated equally or had equal opportunity to participate in the drafting 24 thereof. 25 13. Execution in Counterparts. This Agreement may be executed in 26 counterparts, and when each party has signed and delivered at least one such counterpart, 27 each counterpart shall be deemed an original and, when taken together with the other 28 counterparts, shall constitute the Settlement Agreement. RICHARDS,WATSON &GERS HON Attorneys at Law 12063\0003\631622.4 5 i r } this certifies th.t fj? ryat riaf con# ineo herein is a t'U? :n7 ^:r e t coPY 0tr material cm fife r:ii, C�:lifergia Coastal Commission and ;n custody of said Commission. Title, �� j �' e Date, 7�/ 1 IN WITNESS WHEREOF, the parties hereto have each approved and 2 executed this Settlement Agreement on the date set forth below. 3 4 DATED: N v if , .GG CALIFO I C AS L COMMISSION 5 By: 6 Its: rye 7 8 DATED: �����" 2v"U CITY OF HUNTINGTON BEACH 9 By: t " 10 Its: 11 12 DATED: ��"�" EGG CITY OF HUNTINGTON BEACH 13 REDEVELOPMENT AGENCY 14 By: c2e== �����t/l . 101r 4 15 Its: X1:Gt,-1-7V C VCG101� 16 DATED: 11/16/2 0 0 0 ROB ER MAY R C ORATION 17 By: 18 Its: President 19 20 DATED: 11/16/2 0 0 0 MAYER FINANCIAL, L.P. 21 By: 22 Its: Vice Pr ad d t/secretar 23 DATED: 11 16 2 0 0 0 ROBERT MAYER TRUST 24 By: 25 Its: Trustee 26 27 28 [Signatures Cont'd Next Page] RICHARDS, WATSON &GERSHON - Attorneys at Law 12063\0003\631622.4 6 Nis certifies th?t the material contained herein is a truO ana c:rr=:ct copy of material on file 4:ith t112 California Coastal Commission and in custody of said Commission. By: A� Titles CC e l� Date; ry; 1 IN WITNESS WHEREOF, the parties hereto have each approved and 2 executed this Settlement Agreement on the date set forth below. 3 4 DATED: CALIFORNIA COASTAL COMMISSION 5 By: ! 6 Its: 7 8 DATED: CITY O> IUNT GTON BEACH 9 By: 1 \\ 10 Its: Me I/v,t A o /�? 11 12 DATED: 1/-Z� -00 CITY OF HUNTINGTON BEACH 13 REDE OPM NT AGENCY 14 By qc�m N/vIAW 15 Its: Ci1►4 i/L,v?A� P20 72e-.s-7 16 DATED: ROBERT MAYER CORPORATION 17 By: 18 Its: 19 20 DATED: MAYER FINANCIAL, L.P. 21 By: 22 Its: 23 DATED: ROBERT MAYER TRUST 24 By: 25 Its: 26 27 28 [Signatures Cont'd Next Page] RIC14ARDS,WATSON Q GEABmON Attorneys at Law 6 12063\0003\631622.4 1 ,rhis certifies that the nt-ltQrial vntained herein is a tr:.,2 anc co,rect copy of miteria► on file with tir California Coastal Commission and in custody of said Commission. , By: /16A Titlez 7 Dater a/�� I APPROVED AS TO FORM AND CONTENT: 2 RALPH F ST, JR., CHIEF COUNSEL 3 4 B'Chie • G 5 ph gust, , Esq. Couns for 6 CALIFORNIA COASTAL COMMISSION 7 8 GAIL HUTTON, CITY ATTORNEY PAUL D. D'ALESSANDRO, DEPUTY CITY ATTORNEY 9 10 - • By: 11 Paul D. D'Alessandro /'/ o 0 Attorneys for CITY OF H IN TON BEACH and 12 CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY 13 14 RICHARDS, WATSON & GERSHON 15 16 By:Steven H. Kaufmann 17 Attorneys for ROBE MAYER CORPORATION, MAYER FINANCIAL, L.P. and ROBERT L. MAYER TRUST 18 19 20 21 22 23 fhis certifies that the mnt-i rial cont'nined 24 herein is 3 t: --jr -rrsct copy of M':ie 31 cn fife is -, t- iforni:, Co astal 25 Cc i <. mm,ssien and , ] eu�.fody of said 26 Con, Fission. By: 27 Title:. /-u' 28 RICHARDS,WATSON Date: �/71e h GERSHON Attorneys at law 7 12063\0003\631622.4 1 This certifies that the rm teri-11 cr r!ghined herein is a t- nr _.._ t c Y; of material on fi . 1:!:. GI Jorili3 Coastal Commission a n d :a custody of said Commission. Title: U Date: EXHIBIT "A" THE PROPERTY—LEGAL DESCRIPTION 12063\0003\633576.1 EXHIBIT 'A' the "Property"' PAGE 1 OF 3 PAGES P.O.B. BEACH BLM Z° � ��CONSTRUCTION � I;T.P.O.B. �`EAST LINE SEC 14-6-11 S 00'17'01" W1052.24' N LINE DATA NO. I DIRECTION DISTANCE I L 1 S 60'57 S'59" W 30.03' 33'03 53" W I � z L2 S 88'4852" W 15.08' L3 N 52'54'04" W 170.18' L4 N 56'44'15" W 126.00' L5 N 51'02'09" W 122.87' L6 N 56'06'20" W 45.02' 1 7 L7 N 11'30'02" W 20.77' L8 N 37 56'06" E 15.58' 9 L9 N 52'0354" W 34.00' L 10 S 37 56'06" W 16.76' Bp L 11 N 52'03'54" W 9.00' G^j L 12 N 52'0354" W 9.00' L 13 N 37 56'06" E 7.28' L 14 N 52'03'54" W 34.00' ' L 15 S 37 56'06" W 14.96' M L 16 S 82'53 34" W 16.47' V� LOT �i L 17 N 42'18 11" E 7.52 rJ r r�r Zn L18 N 4741'18" W 38.85' rri 1JJ� J �� (0 L 19 N 89'15'39" W 50.00' AlIA/lB 7'�c)/r�f�-5-J L9 L8 C, L 10 L� L13 L L 14 L 15 `�� CURVE DATA N'LY LINE 116 �,? NUMBER DELTA RADIUS LENGTH S112 NE1/4 SEC 14-6-11 Cl 16*41'10" 94.00' 27.38' �'4)- ry0 �J \ C2 21'35'54" 1065.00' 401.47' \�s C3 03'50'11" 1135.00' 76.00' \�- L J r ) \ C4 05'42'06" 1065.00' 105.98' s \ G rri I JJ 7 J C5 05.33 16 0 1135.00 110.03 �I (o Q�G�\ A/lA/0 /90/4'r-J0 C6 02'48'13" 1060.00' 51.87' I C7 05-54'17" 2452.00- 252.70' R.O.W. DEDICATED PER OOC. Z RECORDED SPT. 1. 1995 AS 50' 100' 200' 400' �t / SINS. NO. 95-0364748 O.R. moo• �;J r I � \ GRAPHIC SCALE JA/l5 62814 r/ { i This Cartifi-s th t t;,le rr�*nri2! ;�±pined harein is a ? ._r �: ' c .P1 Cf m-nteri! 02 fii-� r,l, . Coastal Comr;issi•cn a ;; ;il Custody of said Commission. By: Title.-, Date, ��� 7�l EXHIBIT 'A' PAGE 2 OF 3 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THAT LAND SHOWN AS THE DESIGNATED REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 14, PER SAID TRACT NO. 15535; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF NORTH 89'15'39" WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT NO. 15535, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE ALONG SAID WESTERLY RIGHT OF WAY SOUTH 00'17'01" WEST 1052.24 FEET TO A POINT ON THE GENERAL NORTHERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER SAID TRACT NO. 15535; THENCE ALONG SAID GENERAL NORTHERLY RIGHT OF WAY, THROUGH THE FOLLOWING COURSES, SOUTH 60'57'59" WEST 30.03 FEET, THENCE SOUTH 88'48'52" WEST 15.08 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 94.00 FEET; THENCE WESTERLY ALONG SAID CURVE 27.38 FEET THROUGH A CENTRAL ANGLE OF 1641'10" TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET, A LINE RADIAL TO SAID POINT BEARS SOUTH 15'30'02" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 326.48 FEET THROUGH A CENTRAL ANGLE OF 21'3554 THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT OF WAY THROUGH THE FOLLOWING COURSES, THENCE TANGENT TO SAID CURVE NORTH 52'54'04" WEST 170.18 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET; THENCE ALONG SAID CURVE 76.00 FEET THROUGH A CENTRAL ANGLE OF 03'50'11"; THENCE TANGENT TO SAID CURVE NORTH 56'44'15" WEST 126.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG SAID CURVE 105.98 FEET THROUGH A CENTRAL ANGLE OF 05'42'06"• THENCE TANGENT TO SAID CURVE NORTH 51'02'09" WEST 122.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET; THENCE ALONG SAID CURVE 110.03 FEET THROUGH A CENTRAL ANGLE OF 05'3316 THENCE TANGENT TO SAID CURVE NORTH 56'06'20" WEST 45.02 FEET; THENCE NORTH 11'30'02" WEST 20.77 FEET, THENCE NORTH 37'56'06" EAST 15.58 FEET, THENCE NORTH 52'03'54" WEST 34.00 FEET; THENCE SOUTH 37.56'06' WEST 16.76 FEET; THENCE NORTH 52'03'54' WEST 18.00 FEET. THENCE NORTH 37'56'06' EAST 7.28 FEET. THENCE NORTH 52'03'54" WEST 34.00 FEET: THENCE SOUTH 37'56'06' WEST 14.96 FEET: THENCE SOUTH 82'53'34" WEST 16.47 FEET,• THENCE NORTH 56'06'20" WEST 315.97 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1060.00 FEET, THENCE ALONG SAID CURVE 51.87 FEET THROUGH A CENTRAL ANGLE OF 02'48'13" TO A POINT ON THE GENERAL NORTHEASTERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER DOCUMENT RECORDED SEPTEMBER 1, 1995, AS INSTRUMENT NUMBER 95- 0384748, RECORDS OF THE COUNTY OF ORANGE, A LINE RADIAL TO SAID POINT BEARS SOUTH 36'41'S3" WEST, THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY PER SAID TRACT NO. 15535 AND CONTINUING ALONG SAID GENERAL NORTHEASTERLY RIGHT OF WAY PER SAID DOCUMENT, THROUGH THE FOLLOWING COURSES; THENCE NORTH 42'18'11" EAST Z52 FEET: THENCE NORTH 4741'18" WEST 38.85 FEET TO THE BEGINNING OF A TANGENT Nis certifies that the rnateri?i contained herein is a t-:: ^R1 -correct copy of mileri-r► cn file the Ca(ifomia Coastal Commissiu and n custody of said Commission. By: �L Cat 14/ Gu � Title: U Date: ;/I 7/" l EXHIBIT 'A' PAGE 3 OF 3 PAGES CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2452.00 FEET, THENCE ALONG SAID CURVE 252.70 FEET THROUGH A CENTRAL ANGLE OF 05'54'17" TO SAID NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14; THENCE LEAVING SAID GENERAL NORTHEASTERLY RIGHT OF WAY, ALONG SAID NORTH LINE.SOUTH 89'15'39" EAST 1658.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 22.65 +/- ACRES AS SHOWN ON PAGE 1 OF THIS EXHIBIT "A" DATED THIS '3 DAY OF -n o� b e'1. 2000 p LA s L. J LVSELTON. L.S. 5347 EXP. 12/31/03 E 12131103 `rqr !S 5r, F OF CAOp� 1 (his certifies thit ttie material clnfaioed herein is 3 ;-; . n�1 rL)jreri coy of ms,eri71 r.;t file zi:� Califcrna Coastal CGiMMissicn sn:j ;n custody of said Commission, Z� By: AZ,C2 Title; Z G Date; 1�7/a 7 v fhis r.ertifi s that t;1e M:ltrri?l �-r-t-- neo herein ip a c f of Coastal Commission "Io ill c;stoJy of said Cor-mmisslon. By: X, _ Titles � I'a Z, Date? /�7/I EXHIBIT "B" DEGRADED WETLAND AREA—GENERAL CONFIGURATION 12063\0003\633576.1 I EXHIBT 'B' PAGE I OF I PAGES BEACH BOULEVARD ----- - -- ----- DEGRADED C WEnRQ r �� EA 1 existing degraded wetland \ \ i the 'Property i This certifies thit the motarial contained herein is a t- a ± c�rre,t ^" of r P, materiui cn till I"', I'i0r i--i Coastal Commission and custody of said Commission. By. Title: o/ Dates Z� GRAPHIC SCALE { i this certifies that ttie wierial ccnt�3ined herein is a true ^na c rlrr�ct copy of material can file ^,.! fornia Coastal Commission and in custody of said Commission. Bp4 Date, EXHIBIT "C" DEGRADED WETLAND AREA—LEGAL DESCRIPTION 12063\0003\633576.1 EKHIBIT PC? SUNRISE DRI VE N8971 '3 "ITV PAGE 1 OF 2 PAGES N89'15'39"W 50.00 P.0.B. I LM DATA NO. DIRECTION DISTANCE I L1 S 00'17'10' W 257.55' S0' L2 N 8733'37' W 14.00' L3 N 01'08'12' E 8.59' 70'. 68' L4 I N 45'1130tiV 65.40' in 138' L5 N 85 23'00' W 35.27' ^o L6 S 245548' W 21.31' to 00 L7 N 8717'23' W 48.09' I L8 IS 4723'51 a W 104.14' I L9 S 84'57'190 W 7.30' I L 10 N 35 26'46` W 36.33' L 11 N 25'58'40' E 262.04 0 1p L12 N 22'27'35' W 4.50' I I L 13 N 46'3729' E 23.07' LU o I L 14 N 24'21'30' E 120.69' cn I 2 L 15 N 83'2733' E 17.12' z ; O U L 16 S 02'5537' W 92.82' i I I I L 17 S 52.05'49' W 37.38' 0 P ' w 1 w 2w N I L 18 S 25'20'52' E 21.31' W L19 N 60'23'17' E 33.54' GRAPHIC SCALE I L20 S 48'29430 E 37.00' I L21 S 13'5724' W 77.40' p I I L22 S 44'05'07' W 34.49' I L23 N 56'3138w W 21.74' L24 S 29'01'58' E 26.68' L25 S 78'10'37' E 1&00' L26 N 33'19'31' E 98.78' I I L27 N 00'14'19' E 65.86' WWW -I• I L28 N 89'4250' E 6.00' g N I v I I v This certifies that the material contained herein is a :1na correct copy of material oa t,;n - .; tl:,- Cal:fortia Coastal Commission anil in custody of said Commission. BY: /ti t La. (o .Z' v I I Title: � .d l ,, - L7 I ���� �� L3 i I Date: • L EXHIBIT 'C' PAGE 2 OF 2 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA;BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LOS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14, RECORDS OF THE COUNTY OF ORANGE MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THAT LAND-DESIGNATED AS REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14, PER SAID TRACT MAP; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF, NORTH 89'1539" WEST 50.00 FEET TD THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT MAP; THENCE ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17'01' WEST 681.85 FEET TO THE TRUE POINI OF BEGINNING: THENCE, CONTINUING ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17'10- WEST 257.55 FEET; THENCE, LEAVING SAID WESTERLY RIGHT OF WAY, NORTH 87'3337" WEST 14.00 FEET. THENCE NORTH O1'08'12' EAST 8.59 FEET; THENCE NORTH 45'11'30" WEST 65.40 FEET; THENCE NORTH 85'23'00" WEST 35.27 FEET; THENCE SOUTH 24'5548" WEST 21.31 FEET; THENCE NORTH 87 1723" WEST 48.09 FEET; THENCE SOUTH 47 23'S1" WEST 104.14 FEET; THENCE SOUTH 84'57'19" WEST 7.30 FEET; THENCE NORTH 35'26'46" 'WEST 36.33 FEET, THENCE NORTH 25'58'40- EAST 262.04 FEET; THENCE NORTH 22'2735" WEST 4.50 FEET; THENCE NORTH 46'3729" EAST 23.07 FEET; THENCE NORTH 24'21'30' EAST 120.69 FEET; THENCE NORTH 83'2733" EAST I Z 12 FEET; THENCE SOUTH 02'5537" WEST 92.82 FEET, THENCE SOUTH 52'05'49" WEST 37.38 FEET; THENCE SOUTH 25'20'52" EAST 21.31 FEET, THENCE NORTH 60'23'17" EAST 33.54 FEET; THENCE SOUTH 48'29'43" EAST 37.00 FEET, THENCE SOUTH 13'57'24" WEST 77.40 FEET; THENCE SOUTH 44'05'07' WEST 34.49 FEET; THENCE NORTH 56'31'38' WEST 21.74 FEET; THENCE SOUTH 29'01'58" EAST 26.68 FEET. THENCE SOUTH 78'10'37" EAST 18.00 FEET. THENCE NORTH 33'19'31" EAST 98.78 FEET; THENCE NORTH 00'14'09' EAST 65.86 FEET. THENCE NORTH 89'42'50" EAST 6.00 FEET; TO SAID WESTERLY RIGHT OF WAY AND THE TRUE POINT OF BEGINNING. CONTAINS 43.651 SQUARE FEET OR 1.002 ACRES OF LAND. MORE OR LESS. 3 AS SHOWN ON PAGE 1 OF THIS EXHIBIT TC DATED THIS 3 DAY OF D � � b+ - 2000 WD L �f EXP. 12/31/03 USELTON,P. 142131/03 OF q►�\E�� [his certifies that the wviri?I rntained herein is a tr,!e 2no corr-rct copy of materiai on hin The Ca':fornia Coastal Commission anj in cusloy of said Commission. By: c �Title; Date, fhis certifies that the material contained herein is a tr_le 1.91 correct copy of material on file h the California Coastal Commission ano in custody of said Commission. By: Titl ; ��e Gt� Date, EXHIBIT "D" OPEN SPACE/WETLAND PRESERVATION AND RESTORATION DEED RESTRICTION 12063\0003\633576.1 I RECORDING REQUESTED BY AND RETURN TO: 2 California Coastal Commission 45 Fremont Street, Suite 2000 3 San Francisco, CA 94105-2219 Attn: Legal Division 4 5 OPEN SPACE / WETLAND PRESERVATION AND 6 RESTORATION DEED RESTRICTION 7 8 I. WHEREAS, the City of Huntington Beach Redevelopment Agency, 9 hereinafter referred to as the "Owner," is the record owner of the real property in the City 10 of Huntington Beach, County of Orange, State of California, which is described on 11 Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred 12 to as the "Property"); and 13 I1. WHEREAS, Mayer Financial, L.P., is the Developer of the Property 14 and the assignee of all right, title and interest of the Robert L. Mayer Trust in the 15 Property. The Robert Mayer Corporation is, and at various times has been, the agent and 16 representative of Mayer Financial, L.P., and the Robert L. Mayer Trust. The Robert 17 Mayer Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust are hereinafter 18 collectively referred to as "Mayer." 19 III. WHEREAS, the California Coastal Commission, hereinafter referred 20 to as the "Commission," is acting on behalf of the People of the State of California; and 21 IV. WHEREAS, the subject property is located within the coastal zone 22 as defined in Section 30103 of Division 20 of the California Public Resources Code, 23 hereinafter referred to as the "California Coastal Act of 1976" (the "Act"); and 24 V. WHEREAS, the Property includes an area (the "Degraded Wetland 25 Area") within which there is an existing .696-acre degraded wetland located generally 26 1000 feet inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. 27 The Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 28 /// RIC14ARDS,WATSON Q GERSHON - 1 Attorneys at Law 12063\0003\631622.5 i; i This certifies that tine mat ri,�i v..ntaineo herein is a t ;t crorr-ct copy of material on file i11? ^;ilv'nia Coastal Commission anu in custody of said Commission. �c Title: � Date: �/7 I incorporated herein by this reference and described specifically on Exhibit "C" attached 2 hereto and incorporated herein by this reference. 3 VI. WHEREAS, on April 11, 2000, the Commission approved, with 4 conditions, Coastal Development Permit No. A-5-HNB-99-275, an application filed by 5 the Robert L. Mayer Trust c/o the Robert Mayer Corporation and the Agency to fill the 6 Degraded Wetland Area in conjunction with the implementation of a wetland and riparian 7 woodland habitat restoration project at the Shipley Nature Center in the City of 8 Huntington Beach. 9 VII. WHEREAS, on September 13, 2000, the Commission adopted 10 Revised Findings to support its decision to approve Coastal Development Permit 11 No. A-5-HNB-99-275, finding that the development, as conditioned, is consistent with 12 the certified City of Huntington Beach Local Coastal Program. 13 VIII. WHEREAS, on May 17, 2000, project opponents filed a lawsuit 14 entitled Bolsa Chica Land Trust, et al. v. California Coastal Commission, et al., Orange 15 County Superior Court Case No. OOCCO5991, seeking to set aside the Commission's 16 approval of Coastal Development Permit No. A-5-HNB-99-275. 17 IX. WHEREAS, on September 14, 1998, the City of Huntington Beach 18 City Council granted the separate application of the Robert Mayer Corporation and Mayer 19 Financial, L.P., for Coastal Development Permit CDP 97-15, approving, inter alia, the 20 construction of the Grand Resort Hotel and Conference Center, located generally on the 21 north side of Pacific Coast Highway, west of Beach Boulevard and east of Huntington 22 Street, in the City of Huntington Beach. 23 X. WHEREAS, on September 22, 1998, the Commission acknowledged 24 receipt of the City's written Notice of Action on CDP 97-15, thereby commencing a 10 25 working day appeal period. 26 XI. WHEREAS, on October 7, 1998, the Commission wrote the Robert 27 Mayer Corporation and City, informing them that the 10-day appeal period expired on 28 /// RICHA &G. HONRDS,WATSDN Attorneys at Law 12063\0003\631622.5 2 this certifies that the r! ?^ri:! rtinea herein is a c�-p1 of material nn file 4:'F! ',.i ^li';>;, a Coastal Commission ano ;n cusi3dy of said Commission. f By: G , Title: g � Date, 77/-/ I October 6, 1998, that no appeals were received by the Commission, and that CDP 97-15 2 is therefore final. 3 XII. WHEREAS, pursuant to City of Huntington Beach CDP 97-15, 4 Mayer has undertaken substantial site preparatory work and contends that it has incurred 5 substantial liabilities in preparation for imminent construction of the Grand Coast Resort 6 Hotel and Conference Center. 7 XIII. WHEREAS, on September 12, 2000, the Staff of the Commission 8 issued a written Notice of Suspension to the City, suspending CDP 97-15 pending a 9 further review of the legal adequacy of the City's September 18, 1998 Notice of Action. 10 XIV. WHEREAS, the City, Agency and Mayer contend that said Notice of 11 Action was, and is, legally adequate and not subject to challenge. 12 XV. WHEREAS, on November , 2000, to resolve their disputed 13 matters, the Commission, City of Huntington Beach, Agency, and Mayer entered into a 14 Settlement Agreement, attached hereto as Exhibit I'D" and incorporated herein by this 15 reference (hereinafter referred to as the "Settlement Agreement"). 16 XVI. WHEREAS, Paragraph 1 of the Settlement Agreement provides as 17 follows: 18 Recordation of Open Space/Wetland Preservation and Restoration Deed Restriction. The Agency shall execute and record a Deed Restriction over 19 the Degraded Wetland Area which limits, in perpetuity, the uses of the Degraded Wetland area to natural open space for wetland preservation and 20 restoration uses. The Deed Restriction shall run with the land,binding all successors and assigns, and shall be recorded free of prior liens that the 21 Executive Director of the Commission determines may affect the enforceability of the Deed Restriction. The Deed Restriction shall be 22 substantially in the form attached hereto as Exhibit I'D," and shall not be removed or changed without a coastal development permit issued by the 23 Commission. The Deed Restriction shall not become effective unless and until the Commission issues the Notice required under Paragraph 2, below, 24 and City of Huntington Beach CDP 97-15 is, and remains, final and not subject to appeal to the Commission. 25 XVII:'_WHEREAS, Paragraph 2 of the Settlement Agreement further states 26 as follows: 27 28 RICHARDS,WATSON Q GERSHON Attorneys at Law 12063\0003\631622.5 3 (his certifies that the traterbl contained herein is a ti— c:-::riect copy of material on file m Coastal , n^{ifo�n:a Commission ano in custody of said Commission. � By; Al Titlea Date, /'�7/0 I Withdrawal of Commission Suspension Notice. Within five (5) days receipt of written proof that the Deed Restriction has been recorded 2 consistent with the terms and conditions of Paragraph 1, above, the Commission, through its Executive Director, shall issue a Notice of 3 Withdrawal of Suspension Notice ("Notice") to the City, with copies to the Agency and the Robert Mayer Corporation, formally withdrawing its 4 September 12, 2000 Notice of Suspension and advising that City of Huntington Beach CDP 97-15 is final and not subject to appeal to the 5 Commission. The Notice shall be substantially in the form attached hereto as Exhibit "E." The Commission shall take no action thereafter 6 inconsistent or in conflict with that Notice. 7 XVIII. WHEREAS, Owner has elected to comply with Paragraph 1 of the 8 Settlement Agreement and to execute this Deed Restriction to enable Owner and Mayer to 9 proceed with the development authorized by City of Huntington Beach CDP 97-15. 10 XIX. WHEREAS, the Parties have entered into the Settlement Agreement 11 without any admission of fault or liability of any kind or of any contention of any of the 12 Parties,but instead to avoid the costs and risks of litigation and to resolve this matter in a 13 manner mutually satisfactory to all of the Parties. 14 NOW, THEREFORE, in consideration of the mutual covenants and 15 agreements set forth in the Settlement Agreement, the Owner hereby irrevocably 16 covenants with the Commission that there be and hereby is created the following 17 restrictions on the use and enjoyment of the Degraded Wetland Area of the Property, to be 18 attached to and become a part of the deed to the Property. 19 1. COVENANT, CONDITION AND RESTRICTION. The 20 undersigned Owner, for itself and for its heirs, assigns and successors in interest, .21 covenants and agrees that: 22 the use of the Degraded Wetland Area as shown on Exhibits B and C, attached hereto and incorporated herein by reference, shall be limited to 23 natural open space for wetlands preservation and restoration uses. No development as defined in Public Resources Code section 30106, attached 24 hereto as Exhibit E and incorporated herein by reference, including but not limited to removal of trees and other major or native vegetation, grading, 25` t aving; installation of structures such as signs, buildings, etc. shall occur or ge allowed on the Degraded Wetland Area with the exception of the 26 following subject to applicable governmental regulatory requirements: 27 (a) the removal of hazardous substances or conditions or diseased plants or trees; 28 RICHARDS,WATSON 3 GERSHON A Attorneys at Law 12063\0003\631622.5 4 This certifies that the material contained herein is a true ?na .correct copy of material on file }v:;h ir,; Caiifornia Coastal Commission ana 11 custody of said Commission. n // By: z Title; Kc aL &z Date; �?��� 'A 1 (b) environmental education uses pursuant to a coastal development permit, if required; and 2 (c) wetland restoration uses pursuant to a coastal development permit, if 3 required. 4 2. DURATION. This Deed Restriction shall not become effective 5 unless and until the Commission issues the Notice required under Paragraph 2 of the 6 Settlement Agreement, and City of Huntington Beach CDP 97-15 is, and remains, final 7 and not subject to appeal to the Commission. Once effective, the Deed Restriction shall 8 remain in full force and effect in perpetuity, unless subsequently removed or changed by a 9 Coastal Development Permit issued by the Commission, and thereby confers benefit upon 10 the Property described herein, and shall bind Owner and all its assigns or successors in 11 interest. 12 3. RIGHT OF ENTRY. The Commission or its agent may enter on to 13 the Degraded Wetland area of the Property from Beach Boulevard at times reasonably 14 acceptable to the Owner to ascertain whether the use restrictions set forth above are being 15 observed. I 16 4. REMEDIES. Any act, conveyance, contract, or authorization by the i 17 Owner, whether written or oral, which uses or would cause to be used or would permit 18 use of the Property contrary to the terms of this Deed Restriction will be deemed a 19 violation and a breach hereof. The Commission and the Owner may pursue any and all 20 available legal and/or equitable remedies to enforce the terms and conditions of this Deed 21 Restriction. In the event of a breach, any forbearance on the part of either party to 22 enforce the terms and provisions hereof shall not be deemed a waiver of enforcement 23 right regarding any subsequent breach. 24 5. TAXES AND ASSESSMENTS. It is intended that this Deed 25 Restriction-is irrevocable and shall constitute an enforceable restriction within the 26 meaning of(a) Article•XIII, section 8, of the California Constitution; and (b) section 27 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, 28 1 this Deed Restriction shall be deemed to constitute a servitude upon and burden to the RICHARDS, WATSON Q GERSHON 5 Attorneys at Law 12063\0003\631622.5 i (his certifies that the material contained herein is a true and correct copy of material on file w+th thv: California Coastal Commission and in custody of said Commission. By: / �� �✓ 7 ue Title: Date: /°�7// I property within the meaning of section 3712(d) of the California Revenue and Taxation 2 Code, or successor statute, which survives a sale of tax-deeded property. 3 6. SEVERABILITY. If any provision of these restrictions is held to 4 be invalid, or for any reason becomes unenforceable, no other provision shall be thereby 5 affected or impaired. 6 7 Dated: 92000 8 9 SIGNED: 10 PRINT OR TYPE NAME OF ABOVE 11 12 * * NOTARY ACKNOWLEDGMENT ON THE NEXT PAGE 13 14 15 16 17 18 19 20 21 22 This certifies that the mmnrtal contained herein is a trt!< anal e:rr-,ct copy of 23 material on tiie thr Ca! f raia Coastal 24 COMMISSiOn anal; in custody of said Commission. 25 By: 26 Title: 27 Date: 28 RICHARDS, WATSON a: GERSHON 6 Attorneys at Law 12063\0003\631622.5 I STATE OF CALIFORNIA COUNTY OF ORANGE 2 3 On before me, , a Notary Public 4 personally appeared , personally known 5 to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose 6 name(s) is/are subscribed to the within instrument and acknowledged to me that 7 he/she/they executed the same in his/her/their authorized capacity(ies), and that by 8 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of 9 which the person(s) acted, executed the instrument. 10 WITNESS my hand and official seal. 11 12 Signature 13 14 15 16 HI 17 18 19 20 21 22 /// 'his certifies that the mmerial cc ntained herein is a tree p.nL : �t r-py of 23 /// material on the the Ca!,f)rn 2 Coastal 24 /// Commasicn ana in r.:;stcdy of said Commission. 25 /// By: 26 Title; 27 /// Date; 28 RICHARDS,WATSON Q GERSHON 7 Attorneys at Law 12063\0003\631622.5 I This is to certify that the deed restriction set forth above is hereby 2 acknowledged by the undersigned officer on behalf of the California Coastal Commission 3 pursuant to authority conferred by the California Coastal Commission when it executed 4 the Settlement Agreement attached hereto as Exhibit I'D" and the California Coastal 5 Commission consents to recordation thereof by its duly authorized officer. 6 7 Dated: 8 9 10 California Coastal Commission 11 STATE OF CALIFORNIA 12 COUNTY OF SAN FRANCISCO 13 On 'before me, , a Notary Public 14 personally appeared , personally known 15 to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose 16 name(s) is/are subscribed to the within instrument and acknowledged to me that 17 he/she/they executed the same in his/her/their authorized capacity(ies), and that by 18 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of 19 which the person(s) acted, executed the instrument. 20 WITNESS my hand and official seal. 21 Signature 22 -this certifies that the material contained j 23 herein is a t%:e an correct Copy of material on tii-- .vith the C�I:'r-jrnia Coastal 24 Commission dno in euSiody of said 25 Commission. � By: 26 �>ac Title: 27 Date: �/�7/ 28 RICHARDS, WATSON h GERSHON Attorneys at law 12063\0003\631622.5 8 i I 'Nis certifies 'h)t file MAI-rii! r-fl.1-ined h.-rein IS a t., Of material no ti:.? V;'q the Commission a n cd-OdY of said Commission. Title: Date: /027 EXHIBIT "A" [TO OPEN SPACE,ETC., DEED RESTRICTION] THE PROPERTY—LEGAL DESCRIPTION 12063\0003\633576.2 EXHIBIT 'A' the "Property" PAGE i OF 3 PAGES P.O.B. BEACH BLVD N 2 Ono ,-CONSTRUCTION � S 00'17'01` W 0 ���� LAVE SEC 14-6-11 1052.24' T.P.O.B. LINE DATA cr- N0. DIRECTION DISTANCE / L 1 S 60'5759" W 30.03' S 33'03'S3" W L2 S 88'48'52" W 15.08' / L3 N 5754'04" W 170.18' L4 IN 56'44'15" W 126.00' L5 IN 51'02'09" W 122.87' / L6 IN 56'06'20" W 45.02' L7 N 11'30'02' W 20.77' L8 N 37'56'06" E 15.58' L9 N 52'03'54" W 34.00' L 10 S 3756'06" W 16.76' L l l N 52'03'54" W 9.00' G'y L 12 N 52'0354" W 9.00' 71 N 37-56'06" E 7.28' L 14 N 52'03'54" W 34.00' �a 4, L 15 IS 3756'06" W 14.96' a, L 16 S 82'5334" W 16.47' �'� L J T I L17 N 42'18'11" E 7.52' r rr i 1J r 5r z7,Jr L18 N 4T41;18M W 38.85� l�/ll`/]B 79014 r�- 50 �a ti L 19 N 89'15 39 W 50.00 L9 L8 00 i� L1 L L14 �� cc L 15 CURVE DATA N'LY LINE L 16 �� NUMBER DELTA RADIUS LENGTH S112 NE1/4 SEC 14-6-11 / C1 16'41'l0" 94.00' 27.38' C2 213554' 1065.00' 401.47' \'ris 'S bO C3 03'50'11" 1135.00' 76.00' L J r J \ C4 05'42'06" 1065.00' 105.98' _rR 55-3 J C5 0533'16" 1135.00' 110.03' MA,43 79 J/,1!41 5 C6 02'48'13"1 1060.00' 51.87' C7 05'54'17" 2452.00' 252.70' ;ter e>> 17 R.O.W. DEDICATED PER DOC. RECORDED SPT. 1, 1995 AS / NINS. NO. 95-0364748 O.R. �" IQO' 2 ' 4 ' eo, L J T l �N GRAPHIC SCALE l 1W8 6 8141 F This certifies that tite it rwtI -minad :-. . . herein is a true C6j r,' C,-;;j Of material on file N—. 1V --nia Coastal Commission drij in CuZiju-y of said Commission. By: Z, Title: Date: /��/� EXHIBIT 'A' PAGE 2 OF 3 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, J?ECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THAT LAND SHOWN AS THE DESIGNATED REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 14, PER SAID TRACT NO. 15535; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF NORTH 89'15'39" WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT NO. 15535, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE ALONG SAID WESTERLY RIGHT OF WAY SOUTH 00'17'01" WEST 1052.24 FEET TO A POINT ON THE GENERAL NORTHERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER SAID TRACT NO. 15535; THENCE ALONG SAID GENERAL NORTHERLY RIGHT OF WAY, THROUGH THE FOLLOWING COURSES, SOUTH 60'5759" WEST 30.03 FEET; THENCE SOUTH 88'4852" WEST 15.08 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 94.00 FEET, THENCE WESTERLY ALONG SAID CURVE 27.38 FEET THROUGH A CENTRAL ANGLE OF 16'41'10" TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET, A LINE RADIAL TO SAID POINT BEARS SOUTH 15'30'02" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 326.48 FEET THROUGH A CENTRAL ANGLE OF 21'35'54 THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT OF WAY THROUGH THE FOLLOWING COURSES; THENCE TANGENT TO SAID CURVE NORTH 52-54'04- WEST 170.18 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET; THENCE ALONG SAID CURVE 76.00 FEET THROUGH A CENTRAL ANGLE OF CX50'11",• THENCE TANGENT TO SAID CURVE NORTH 56'44'15" WEST 126.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG SAID CURVE 105.98 FEET THROUGH A CENTRAL ANGLE OF 05'42'06 THENCE TANGENT TO SAID CURVE NORTH 51'02'09"-WEST 122.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET; THENCE ALONG SAID CURVE 110.03 FEET THROUGH A CENTRAL ANGLE OF 05-33'16' THENCE TANGENT TO SAID CURVE NORTH 56'0620" WEST 45.02 FEET; THENCE NORTH 11'30'02" WEST 20.77 FEET; THENCE NORTH 3756'06" EAST 15.58 FEET; THENCE NORTH 52'03'54" WEST 34.00 FEET. THENCE SOUTH 3756'06" WEST 16.76 FEET; THENCE NORTH 52'03'54" WEST 1&00 FEET; THENCE NORTH 3756'06' EAST 7.28 FEET: THENCE NORTH 52'03'54" WEST 34.00 FEET: THENCE SOUTH 3756'06" WEST 14.96 FEET: THENCE SOUTH 82'53'34" WEST 16.47 FEET; THENCE NORTH 56'06'20" WEST 315.97 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1060.00 FEET, THENCE ALONG SAID CURVE 51.87 FEET THROUGH A CENTRAL ANGLE OF 02'48'13" TO A POINT ON THE GENERAL NORTHEASTERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER DOCUMENT RECORDED SEPTEMBER 1, 1995, AS INSTRUMENT NUMBER 95- 0384748, RECORDS OF THE COUNTY OF ORANGE, A LINE RADIAL TO SAID POINT BEARS SOUTH 36'41'53" WEST; THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY PER SAID TRACT NO. 15535 AND CONTINUING ALONG SAID GENERAL NORTHEASTERLY RIGHT OF WAY PER SAID DOCUMENT, THROUGH THE FOLLOWING COURSES; THENCE NORTH 42'18'11" EAST 7.52 FEET: THENCE NORTH 4741'18" WEST 38.85 FEET TO THE BEGINNING OF A TANGENT I This certifies that the mtnrial herein is a r material r of on file �:r:.. Commission ana in cGsi.;oy of said Commission. By: � Title: �g /� 16 0 Date: j z� EXHIBIT 'A' PACE 3 OF 3 PAGES CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2452.00 FEET; THENCE ALONG SAID CURVE 252.70 FEET THROUGH A CENTRAL ANGLE OF 05*54*17" TO SAID NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14; THENCE LEAVING SAID GENERAL NORTHEASTERLY RIGHT OF WAY, ALONG SAID NORTH LINE SOUTH 89'15'39" EAST 1658.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 22.65 +/- ACRES AS SHOWN ON PAGE 1 OF THIS EXHIBIT "A". DATED THIS �''3 DAY OF ` ,ov�txw b�- 2000 pLANDs � L. DP. 12/31/03 J SECTON, L.S. 5347 E 12/31/03 'J9lF IS 53A� p��� Of CAl\E (his certifies that the m;terial contained herein is a t.uc :r,y t V of material on file J�1. ::a Coastal Commission a n o in custU-ly of said Commission. By: Title; It d s Date 4 7 Nis urtifiGS trot the rn.'ir. r; t.^jnn0 helein is a a c► �.,�:� of material on frl� llle V`l rni3 Coastal CcmmisFirn ano in cusiody of said Commission. By: Title, Date; �/�7 e'/ EXHIBIT "B" [TO OPEN SPACE,ETC.,DEED RESTRICTION] DEGRADED WETLAND AREA—GENERAL CONFIGURATION 12063\0003\633576.2 I "Mis cerfifins t►,,t t�,q herein IS 8 i py of rnaterizl ca hl, we CI!3 s--nia Coastal Commissic.09 d.q 0 in custAy of said Commission. By: Title: X-� A Date: EXHIBIT "B" DEGRADED WETLAND AREA—GENERAL CONFIGURATION 12063\0003\633576.1 EXHIBIT F PAGE 1 OF 1 PAGES - - ---�-- -- -- -- -- — BEACH BOULEVARD ----- ------- DEGRADED C WN,p, AR 1 existing degrade \ wetian \ \ the 'Property=--�� i,'tis ceri-ifies chat the malffi l conmmed herein i; a tr.!c ,;;7 c�,r-.rt cc;i of material rm fi -� +he '�'. ornia Coastal Commission ono is custody of said Commission. By: . s aoo� Title; A1�a.� �r,,e. Date, /�7/c/ GRAPHIC SCALE Nfs Cartlf7C° the th� o t RIQt?'ri. l r r;t ;pep herein i; a Comm:ssic!n I J, commi$si'll By- Title: Date: 7 / EXHIBIT "C" [TO OPEN SPACE,ETC.,DEED RESTRICTION] DEGRADED WETLAND AREA—LEGAL DESCRIPTION 12063\0003\633576.2 H'� ,C� SUNRISE DRIVE N89*15'3 `ITV PAGE 1 OF 2 PAGES N89'15'39`W 50.00 P.O.B. I LM DATA NO. DIREC77ON DISTANCE I I L1 S 00'17'10' W 257.55' S0' L2 N 87'3337' W 14.00' 0 N 01'08'12` E 8.59' 70'. 68' L4 N 45*11'30V 65.40' irk 138' L5 N 85 23'00' W 35.27' L6 S 24*55,480 W 21.31' L7 N 87'17230 W 48.09' I L8 S 47*23151` W 104.14' I L9 S 8457'19' W 7.30' L f 0 I N 35 26'46` W 36.33' 3 I Z L 11 N 25'58'40' E 262.04 p `°!' P: L 12 N 272 W 4.50' 1 I ? I L 13 N 463729' E 23.07' ca U l L 14 N 24'21'30' E 120.69' y I z L 15 N 83 27'33' E 17.12' rpd Z ; U L 16 S 02'55'37` W 92.82' L 17 S 570S'49' W 37.38' ' SD' 1 2w y I L18 S 25'20'52' E 21.31' W L19 N 60'23'17' E 33.54' GRAPHIC SCALE L20 S 4829'43' E 37.00' I L21 S 13*57,240 W 77.40' I I L22 S 44'05'07' W 34.49' 1 L23 N 56*31*38` W 21.74' L24 S 29*01*58` E 26 68' L25 S 78'10'370 E 18.00' L26 N 33'19'31' E 98.78' J g I I L27 N 00'14'19' E 65.86' I L28 N 89'42'50 El 6.00' - L2 T. :O.IB. ao L,9 N I v fhis certifies that the material contained � � I herein is a true ana correct cop; of material on fill the California Coastal Commission and In custody of said I Commission. A , 7 �5 Y By. X,I' �ti � a c�rni za— Titter �'�� U L7 I Date.- �'/'� � �g � L3 o � L � EXHIBIT 'C' PAGE 2 OF 2 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUN77NGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA;BEING A PORTION OF SECTION. 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LOS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THAT LAND DESIGNATED AS REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE MORE PARTICULARLY DESCRIBED AS FOLLOWS. . BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14, PER SAID TRACT MAP; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF, NORTH 89'15'39' WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT MAP; THENCE ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17'01' WEST 681.85 FEET TO THE TRUE POINT OF BEGINNING: THENCE, CONTINUING ALONG SAID WESTERLY RIGHT OF ° WAY. SOUTH 00'17'10' WEST 257.55 FEET; THENCE, LEAVING SAID WESTERLY RIGHT OF WAY. NORTH 87-33'37- WEST 14.00 FEET; THENCE NORTH 01'08'12- EAST 8.59 FEET.- THENCE NORTH 45*11'300 WEST 65.40 FEET; THENCE NORTH 85'23'00" WEST 35.27 FEET, THENCE SOUTH 24'55'48- WEST 21.31 FEET, THENCE NORTH 87-17'23" WEST 48.09 FEET, THENCE SOUTH 4723'51' WEST 104.14 FEET, THENCE SOUTH 84*57#190 WEST 7.30 FEET; THENCE NORTH 35'26'46' WEST 36.33 FEET, THENCE NORTH 25'58'40- EAST 262.04 FEET. THENCE NORTH 2727'35- WEST 4.50 FEET; THENCE NORTH 463729' FAST 23.07 FEET.• THENCE NORTH 24'21'30' EAST 120.69 FEET.- THENCE NORTH 83'2733` EAST I Z 12 FEET; THENCE SOUTH 02'5537' WEST 92.82 FEET, THENCE SOUTH 52405'49' WEST 37.38 FEET; THENCE SOUTH 25'20'52' EAST 21.31 FEET; THENCE NORTH 60'23'17" EAST 33.54 FEET; THENCE SOUTH 48'29'43- EAST 37.00 FEET; THENCE SOUTH 13'57240 WEST 77.40 FEET. THENCE SOUTH 44'05'07' WEST 34.49 FEET, THENCE NORTH 56'31'38' WEST 21.74 FEET; THENCE SOUTH 29'01'58" EAST 26.68 FEET; THENCE SOUTH 78'10'37- EAST 18.00 FEET; THENCE NORTH 3X 19'31" EAST 98.78 FEET; THENCE NORTH 00'14'09' EAST 65.86 FEET; THENCE NORTH 89'42'50- EAST 6.00 FEET; TO SAID WESTERLY RIGHT OF WAY AND THE TRUE POINT OF BEGINNING. CONTAINS 43,651 SQUARE FEET OR 1.002 ACRES OF LAND. MORE OR LESS. AS SHOWN ON PAGE 1 OF THIS EXHIBIT 'C'. DATED THIS 3 DAY OF �� �' 2000 LAND D(P. 12/31/D3 USELTON, L.S. 5347 P. 12/31/03 `�j�, IS Nis ceriifles that the [not herein is a #rue a 9 ct C,py of material ca fl!- ,31i,o rlj�3 C,3aStal k Commission and in custody of said Commission. i Title; A Date, This certifies that the material contained herein is a tree ana correct copy of material on ill, Ca!iforoia Coastal Commission a n a i 1 custody of said Commission. By: Ili Title; Date; EXHIBIT "D" [TO OPEN SPACE,ETC.,DEED RESTRICTION] SETTLEMENT AGREEMENT 12063\0003\633576.2 1 SETTLEMENT AGREEMENT 2 3 This Settlement Agreement ("Agreement") is entered into by and between 4 the California Coastal Commission ("Commission"), the City of Huntington Beach 5 ("City), the Huntington Beach Redevelopment Agency("Agency"), and the Robert Mayer 6 Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust (collectively, "Mayer"). 7 The Commission, City, Agency and Mayer are sometimes collectively referred to in this 8 Agreement as "the Parties." 9 RECITALS 10 WHEREAS, the Agency is the owner in fee simple of certain real property 11 in the City of Huntington Beach, County of Orange, State of California, which is 12 described on Exhibit "A" attached hereto and incorporated herein by this reference (the 13 "Property"). 14 WHEREAS, Mayer Financial, L.P., is the Developer of the Property and the 15 assignee of all right, title and interest of the Robert L. Mayer Trust in the Property. The 16 Robert Mayer Corporation is, and at various times has been, the agent and representative 17 of Mayer Financial, L.P., and the Robert L. Mayer Trust. 18 WHEREAS, the Property includes an area(the "Degraded Wetland Area") 19 within which there is an existing .696-acre degraded wetland located generally 1000 feet 20 inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. The 21 Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 22 incorporated herein by this reference and described specifically on Exhibit "C" attached 23 hereto and incorporated herein by this reference. 24 WHEREAS, on April 11, 2000, the Commission approved, with conditions, 25 Coastal Development Permit No. A-5-HNB-99-275, an application filed by the Robert L. 26 Mayer Trust and the Agency to fill the Degraded Wetland Area in conjunction with the 27 implementation of a wetland and riparian woodland habitat restoration project at the 28 Shipley Nature Center in the City of Huntington Beach. RICHARDS, WATSON B GERSHON Attorneys at Law 1 12063\0003\631622.4 This certifies that the material contained herein is a tme ccr;ect copy of material ^n fi!- :^r;'; the C:;iirornia Coastal Commission a n a ;�1 custody of said Commission. By: �2a Title: Date: 1 WHEREAS, on September 13, 2000, the Commission adopted Revised 2 Findings to support its decision to approve Coastal Development Permit No. A-5-HNB- 3 99-275, finding that the development, as conditioned, is consistent with the certified City 4 of Huntington Beach Local Coastal Program. 5 WHEREAS, on May 17, 2000, project opponents filed a lawsuit entitled 6 Bolsa Chica Land Trust, et al. v. California Coastal Commission, et al., Orange County 7 Superior Court Case No. OOCCO5991, seeking to set aside the Commission's approval of 8 Coastal Development Permit No. A-5-HNB-99-275. 9 WHEREAS, on September 14, 1998, the City of Huntington Beach City 10 Council granted the separate application of the Robert Mayer Corporation and Mayer 11 Financial, L.P., for Coastal Development Permit CDP 97-15, approving, inter alia, the 12 construction of the Grand Coast Resort Hotel and Conference Center, located generally 13 on the north side of Pacific Coast Highway, west of Beach Boulevard and east of 14 Huntington Street, in the City of Huntington Beach. 15 WHEREAS, on September 22, 1998, the Commission acknowledged 16 receipt of the City's written Notice of Action on CDP 97-15, thereby commencing a 10 17 working day appeal period. 18 WHEREAS, on October 7, 1998, the Commission wrote the Robert Mayer 19 Corporation and City, informing them that the 10-day appeal period expired on October 6, 20 1998, that no appeals were received by the Commission, and that CDP 97-15 is therefore 21 final. 22 WHEREAS, pursuant to City of Huntington Beach CDP 97-15, Mayer has 23 undertaken substantial site preparatory work and contends that it has incurred substantial 24 liabilities in preparation for jmminent construction of the Grand Coast Resort Hotel and 25 Conference Center. 26 WHEREAS, on September 12, 2000, the Staff of the Commission issued a 27 written Notice of Suspension to the City, suspending CDP 97-15 pending a further review 28 of the legal adequacy of the City's September 18, 1998 Notice of Action. The City, RICHARDS,WATSON h GERSHON Attorneys at Law 12063\0003\631622.4 2 This certifies that the material contained herein is a tm; -na Corr-Jct copy of material o:i file %V1, tt.e California Coastal Commission ana In custody of said Commission. 13y. Title; Date; d/a��l I Agency and Mayer contend that said Notice of Action was, and is, legally adequate and 2 no longer subject to challenge. 3 WHEREAS, the Parties have since conducted a thorough review of the 4 disputed matters, and have agreed to a full, final and complete settlement on the terms 5 and conditions set forth herein. 6 WHEREAS, this Agreement is entered into by the Commission, City, 7 Agency and Mayer, and each of them, without any admission of fault or liability of any 8 kind or of any contention of any of the Parties,but instead to avoid the costs and risks of 9 litigation and to resolve this matter in a matter mutually satisfactory to all of the Parties. 10 11 AGREEMENT 12 NOW, THEREFORE, in consideration of the mutual covenants and 13 promises contained herein, the Commission, City, Agency and Mayer agree to settle the 14 disputed matters upon the following terms and conditions: 15 1. Recordation of Open Space/Wetland Preservation and Restoration 16 Deed Restriction. The Agency shall execute and record a Deed Restriction over the 17 Degraded Wetland Area which limits, in perpetuity, the uses of the Degraded Wetland 18 area to natural open space for wetland preservation and restoration uses. The Deed 19 Restriction shall run with the land,binding all successors and assigns, and shall be 20 recorded free of prior liens that the Executive Director of the Commission determines 21 may affect the enforceability of the Deed Restriction. The Deed Restriction shall be 22 substantially in the form attached hereto as Exhibit "D," and shall not be removed or 23 changed without a coastal development permit issued by the Commission. The Deed 24 Restriction shall not become effective unless and until the Commission issues the Notice 25 required under Paragraph 2, below, and City of Huntington Beach CDP 97-15 is, and 26 remains, final and not subject to appeal to the Commission. 27 2. Withdrawal of Commission Suspension Notice. Within five (5) days 28 receipt of written proof that the Deed Restriction has been recorded consistent with the RICHARDS, WATSON Q GERSHON Attorneys at Law 12063\0003\631622.4 3 This c'-rtifies that the material cnnt;inpd herein is a true ana correct co mzteri'll .,n Pi of til� w�ih the v.li;�.��;� �oasta! Commission a n;; �n custody of said Commission, Title: U 7— Date. /�7 I terms and conditions of Paragraph 1, above, the Commission, through its Executive 2 Director, shall issue a Notice of Withdrawal of Suspension Notice ("Notice") to the City, 3 with copies to the Agency and the Robert Mayer Corporation, formally withdrawing its 4 September 12, 2000 Notice of Suspension and advising that City of Huntington Beach 5 CDP 97-15 is final and not subject to appeal to the Commission. The Notice shall be 6 substantially in the form attached hereto as Exhibit "E." The Commission shall take no 7 action thereafter inconsistent or in conflict with that Notice. 8 3. Abandonment of Permit Approval. The Agency and Mayer agree to 9 abandon the Commission's approval of Coastal Development Permit A-5-HNB-99-275, 10 effective upon issuance by the Commission of the Notice required under Paragraph 2, 11 above; provided, however, that the Commission's approval of Coastal Development 12 Permit A-5-HNB-99-275 shall remain in full force and effect unless and until the 13 Commission issues the Notice required under Paragraph 2, above, and City of Huntington 14 Beach CDP 97-15 is, and remains, final and not subject to appeal to the Commission. 15 The Agency and Mayer shall confirm this abandonment of permit approval to the 16 Commission in writing within ten (10) days' receipt of the Notice. 17 4. No Restoration Obligation.t When the Agency and Mayer abandon 18 the Commission's approval of Coastal Development Permit A-5-HNB-99-275, said 19 Coastal Development Permit shall be of no force and effect, including but not limited to 20 any obligation by Mayer to undertake the wetland and riparian woodland habitat 21 restoration project at the Shipley Nature Center. Neither the Agency nor Mayer is under 22 any obligation to restore the Degraded Wetlands Area. 23 5. Future Conveyance of Degraded Wetland Area. The Agency may at 24 any time convey the Degraded Wetland Area, separate and apart from balance of the 25 Property, to the City or any other public agency for wetland restoration and other 26 purposes subject to and consistent with the Deed Restriction. 27 28 RICHARDS,WATSON h GERSHON Attorneys at Law 12063\0003\631622.4 4 This certifies that the w"Irial contained herein is a tr!iI ®n,i urr:-ct copy of material, on file wO the ;,aiifomia Coastal Commission ana IF, cu tody of said Commission. 4 / By: /t c �a!�a c ate✓ Title: Date: i i 1 6. Obligation to Remove Trash and Debris from Degraded Wetland 2 Area. The Agency and its successors and assigns shall maintain the Degraded Wetland 3 Area free of trash and debris. 4 7. Duly to Cooperate. The parties agree to cooperate in effectuating 5 the terms and conditions of this Agreement. 6 8. Binding Effect. This Agreement shall inure to the benefit of and 7 shall be binding upon the heirs, successors, assigns, representatives, and beneficiaries of 8 the parties. 9 9. No Admission of Liability or Wrongdoing. This Agreement is solely 10 for the purpose of compromising doubtful and disputed claims and avoiding litigation. 11 The Agreement shall not be construed as an admission of liability or wrongdoing of any 12 party or of any contention of any party. 13 10. Paragraph Headings. The paragraph headings contained herein are 14 for descriptive purposes only and are not intended to convey or change the meaning of 15 any provision hereof. 16 11. Interpretation. This Agreement shall be construed in accordance 17 with the laws of the State of California. 18 12. Legal Advice. Each party has received independent legal advice 19 from its attorneys with respect to the advisability of executing this Agreement and the 20 meaning of the provisions hereof. The provisions of this Agreement shall be construed as . 21 to the fair meaning and not for or against any party based upon any attribution of such 22 party as the sole source of the language in question, it being expressly understood that the 23 parties hereto participated equally or had equal opportunity to participate in the drafting 24 thereof. 25 13. .Execution in Counterparts. This Agreement may be executed in 26 counterparts, and when each party has signed and delivered at least one such counterpart, 27 each counterpart shall be deemed an original and, when taken together with the other 28 counterparts, shall constitute the Settlement Agreement. RICHARDS, WATSON - e GERSHON Attorneys at Law 5 12063\0003\631622.4 This certifies that the miterbl cnntaineo herein is a tree ano correct copy of material on file wi!h the California Coastal Commission and I custody of said Commission. By: Title.; irll �� / Date; �� 71 1 IN WITNESS WHEREOF, the parties hereto have each approved and 2 executed this Settlement Agreement on the date set forth below. 3 4 DATED: CALIFORNIA COASTAL COMMISSION 5 By: 6 Its: 7 8 DATED: CITY OF HUNTINGTON BEACH 9 By: 10 Its: 11 12 DATED: CITY OF HUNTINGTON BEACH 13 REDEVELOPMENT AGENCY 14 By: 15 Its: 16 DATED: ROBERT MAYER CORPORATION 17 By: 18 Its: 19 20 DATED: MAYER FINANCIAL, L.P. 21 By: 22 Its: 23 DATED: ROBERT MAYER TRUST 24 By: 25 Its: 26 eo herein is a tr_i- c rrztt ;;rp; of 27 m2te701 Coastal Ccinmtssi;•n aaa to c,I'.todr cf said 28 [Signatures Cont'd Next Page] Commiss:cn. n ,,, RICHARDS, i WATSON Q GERSHON By. /li! t" 'V Attorneys at Law 6 12063\0003\631622.4 Title: �°� ` Date: I APPROVED AS TO FORM AND CONTENT: 2 RALPH FAUST, JR., CHIEF COUNSEL 3 4 By: 5 Ralph Faust, Jr., Esq. Chief Counsel for 6 CALIFORNIA COASTAL COMMISSION 7 8 GAIL HUTTON, CITY ATTORNEY PAUL D. D'ALESSANDRO, DEPUTY CITY ATTORNEY 9 10 By: 11 Paul D. D'Alessandro Attorneys for CITY OF HUNTINGTON BEACH and 12 CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY 13 14 RICHARDS, WATSON & GERSHON 15 16 By: Steven H. Kaufmann 17 Attorneys for ROBERT MAYER CORPORATION, MAYER FINANCIAL, L.P. and ROBERT L. MAYER TRUST 18 19 20 21 22 23 24 25 f l)►s certifies that the material ccntaineo herein is a t-•+: ccpy of 26 material on w ;;o,n a Coastal 27 Ccmrn�; 1rIn a;I � i clistodY of said CommisEicn. � 28 � 8y: RIC RDS WATSON& 1 GE , NON Attorneys at Law 12063\0003\631622.4 7 Title: Date; ;1 7// Nis certifies that the mteriai CoMaineo herein is a t; of material ^r t::-: ;.in tNP C-,ih ,'nia Coastal Commission a n a custody of said Commission. Titie: �ry '`c�la"� Date: �U/�710 EXHIBITS A-E TO SETTLEMENT AGREEMENT OMITTED AND NOT REPEATED HERE 12063\0003\633576.1 (his certifies tf:at the wterial uwaineo herein is a tree -^^ :-rr^ct cep; of main ria! no f ;>� �aiif� n:_ Coastal Cemmissicr, J o ustody of said Ccmmissio-1. $y: �2/cu.oti./ Title: Date: �/�. EXHIBIT "E" [TO OPEN SPACE,ETC., DEED RESTRICTION] CAL. PUBLIC RESOURCES CODE SECTION 30106 12063\0003\633576.2 § 30106. Development "Development" means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal or any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency .for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or altera- tion of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. (Added by Stats.1976, c. 1330, § 1.) This certifies that the r,;aterial ccntaineo herein is a tr!c rcrrrct cony of material on f:;• Coastal COMTf;sicn ano ;+5 .W,,tndy of said Commission. BY. 1 G2 /dQ cc+S a..✓ Title: U Date: [his certifies tt:at the materi,,i centaineo herein is a ,,in r.,rr rt copy of materla til a :;i,rurnia Coastal Commissicn an,; is custody of said Commission. By: Title;. Dates ��71e EXHIBIT "E" NOTICE OF WITHDRAWAL OF SUSPENSION NOTICE 12063\0003\633576.1 M , Date Mr. Howard Zelefsky Community Development Director. City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Mr. Steven Bone The Robert Mayer Corporation 660 Newport Center Drive, Suite 1050 Newport Beach, CA 92658-8680 Re: City of Huntington Beach CDP 97-15 Coastal Commission No. 5-HNB-98-203 Dear Gentlemen: This is to inform you that the suspension notice, issued by letter dated September 12, 2000, from Deborah N. Lee to Howard Zelefsky, is hereby formally withdrawn. Pursuant to the Settlement Agreement entered into by and between the Commission, the City of Huntington Beach,the Huntington Beach Redevelopment Agency and the Mayer-related entities on November_, 2000, the Commission has determined that City of Huntington Beach Development Permit No. CDP 97-15 (5-HNB-98-203) is final and no longer subject to appeal to the Commission. Sincerely, PETER M. DOUGLAS Executive Director l i11S C?Itlfic i, thit the of oastal custody of said Cornmissio.q. 12063\0003\632792.1 By: Xa Title- Date; CONFORMED COPY RKARDING RE%UE.STED BY FF&MAEFXM MU NWRMCE 00K p l • Recorded in O llcial Records,County of Orange 1 RECORDING REQUESTED BY AND Ga L. Granville, Clerk-Recorder RETURN T0: II I III lllll IlI I IIIII lflli IIIII II!;1IIIII III I IIII III N 0 FEE' 2 California Coastal Commission 45 Fremont Street, Suite 2000 3 San Francisco, CA 94105-2219 20000689468 04:30pm 12/19/ 0 Attn: Leal Division 121 15 D12 49 4 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5 OPEN SPACE/WETL AN'D PRESERVATION AND 6 RESTORATION DEED RESTRICTION 7 8 I. WHEREAS, the City of Huntington Beach Redevelopment Agency, 9 hereinafter referred to as the "Owner," is the record owner of the real property in the City 10 of Huntington Beach, County of Orange, State of California, which is described on 11 Exhibit"A" attached hereto and incorporated herein by Iris reference (hereinafter referred 12 to as the "Property"); and v 13 II. WHEREAS, Mayer Financial, L.P., is the Developer of the Property 4 14 and the assignee of all right, title and interest of the Robert L.Mayer Trust in the • 15 Property. The Robert Mayer Corporation is, and at various times has been, the agent and 16 representative of Mayer Financial,L.P., and the Robert L. Mayer Trust. The Robert 17 Mayer Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust are hereinafter 18 collectively referred to as "Mayer." 19 III. WHEREAS, the California Coastal Commission, hereinafter referred 20 to as the "Commission," is acting on behalf of the People of the State of California; and 21 IV. . WHEREAS,the subject property is located within the coastal zone 22 as'defined in Section 30103 of Division 20 of the California Public Resources Code, 23 hereinafter referred to as the "California Coastal Act of 1976" (the "Act"); and 24 V. WHEREAS, the Property includes an area(the "Degraded Wetland 25 Area") within which there is an existing .696-acre degraded wetland located generally 26 1000 feet inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. 27 The Degraded Wetland Area is delineated generally on Exhibit"B" attached hereto and 28 /// VTHIS INSTRUMEINT FILED FOR RECORD BY �ICHAAos,WATSON FIRST A.bIERICAN TrrLE INSURANCE COMPANY AS AN Q GEASHON Attorneys at Law 12063i0003\631622.5 1 ACC0a1LMODATION ONLY. rr HAS NOT BEEN EXAMINED AS TO rrS EKECLrTION OR AS TO rrS EFFECT UPON THE TITLE 1 Recorded in Official Records,County of Orange • Ga L. Granville, Clerk-Recorder 111111111111111111111111111111111111111111111�tNO FEE �AEXM�wad�`' • RECORDDG REQUESTED BY 20000689469 04:30pm 12/19/00 AND )'-IHEN RECORDED MAIL TO: 121 15 S 13 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CALIFORNIA COASTAL COMMISSION 45 Fremont Street, Suite 2000 San Francisco, California 94i05-2219 CONFORMED COPY Attention: Legal Division 1 (Space Above For Recorder's Use Only) StiBORDINATION AGREEMENT THIS SUBOR.DD�ATION AGREEMENT is entered into as of this G�1 day of November, 2000, by THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTIIVGTON BEACH, a Public Agency ("Redevelopment Agency"), THE CITY OF HUNTINGTON - BEACH, a charter city ("City"), THE WATERFRONT HOTEL, LLC, a California limited liability company ("Waterfront"), Robert L. Mayer, as trustee of the ROBERT L. MAYER TRUST OF 1982, dated June 2, 1982 ("Mayer Trust"), and MAYER FINANCIAL, LTD., a California limited partnership ("Mayer Financial") (the Redevelopment Agency, the City, Waterront, the Inlayer Trust, and Mayer Financial may hereinafter be referred to collectively as l*� the"Subordinating Parties"),with reference to the following facts: Q A. The Redevelopment Agency is the current fee owner of that certain real property located in the City of Huntington Beach, County of Orange, State of California, as more particularly described on Exhibit "A", attached hereto and incorporated herein by reference (the "Property"), a portion of which Property includes an area commonly referred to as the"Degraded Wetland Area", as more particularly described on Exhibit "B", attached hereto and incorporated herein by reference. B. On or about April 28, 1989, the Redevelopment Agency and the Mayer Trust, predecessor in interest by assignment to Mayer Financial, executed that certain unrecorded Lease (the "Lease"), as evidenced by that certain Memorandum of Lease, recorded on April 28, 1989, in the official records of the County of Orange, State of California ("Official Records") as Instrument No. 89-225547(the "Memorandum of Lease"), whereby the Redevelopment Agency leased to the Mayer Trust and the Mayer Trust leased from the Redevelopment Agency that certain rgal property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Lease. The real property encumbered by the Lease may or may not affect the Degraded Wetland Area. C. On -r about September 21, 1998, the City, Mayer Financial, and Waterfront executed that certain Amended and Restated Development Agreement ("Development Agreement"), recorded on October 21, 1998, in the Official Records as Instrument No. 19980711512, and re-recorded in the Official Records on December 7, 1998, as Instrument No. 19980838602,which Development Agreement encumbers the Degraded Wetland Area and other real property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Development Agreement. • 61VO19740{4C3 THIS INSTRUMENT FILED FOR RECORD BY 13-010.02-I U11100 FIRST AMERICAN TITLE INSURANCE COMPANY AS AN ACCONUAODATION ONLY. IT HAS NOT BEEN EXAMINED AS TO ITS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE I THE • ROBERT `' MAYER ORPORATION "a w (� BY HAND DELIVERY i Ms. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Re: The Waterfront Degraded Wetland Settlement Agreement and Other Documents Dear Ms. Brockway: Per your request of Cynthia Vallana of The Robert Mayer Corporation, I am enclosing for you copies of the following documents which have previously been sent to Mr. Paul D'Allessandro of the City Attorney's office. 1. Copy of fully executed Settlement Agreement. 2.- Copy of fully executed and recorded Open Space / Wetland Preservation and Restoration Deed Restriction (the "Deed Restriction"). (The recorded original is in the possession of the Coastal Commission.) • 3. Copy of fully executed and recorded Subordination Agreement. (The recorded original is in the possession of the Coastal Commission.) i� 4. ilCopy of First American Title Insurance Company_Preliminary Report dated January 02, 2001 (�u o�mn � levidencing recordation of the Deed Restriction and Subordination Agreement. � , if 5. Copy of letter dated January 23, 2001, executed by Peter Douglas, Executive Director of the 47,011, 7� California Coastal Commission, confirming the finality of Coastal Development Permit 97-15 pursuant to the Settlement Agreement. 6. Copy of letter dated January 25, 2001, executed by the Mayer related entities and Ray Silver on behalf of the Redevelopment Agency abandoning Coastal Development Permit A-5-HNB-99-275 pursuant to the Settlement Agreement. I believe these are all of the documents related to this Settlement Agreement and should complete your file on this matter. If there is anything further I can help you with, please don't hesitate to call me at 949-58 -8557 ext. 251. Sincer Shawn K. Millbern Sr. Vice President 66b%&' port Center Drive,Suite 1050 Box 8680 Newport Beach,California 92658-8680 (949)759-8091 . 4 ✓ ii[GOrZQtliG REuU1;STt0 3Y CONFORMED COPY F�,�EriC�1F1 TiTtJ`1KSiJRNiCf�'�x Recorded in Official Records,Caunty of Orange 1 RECORDING REQUESTED BY AND Ga L. Granville, Clerk-Recorder RETURN TO: II Illll IIIII 1�11 II'll IfI IIIII IlI{1IIIII III I IIIII III N O F E 2 California Coastal Commission 45 Fremont Street, Suite 2000 3 San Francisco CA 94105-2219 20000689468 04:30pm 12/19/ 0 Attn: Legal Division 121 15 D12 49 4 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5 OPEN SPACE /WETLAN-D PRESERVATION AND 6 RESTORATION DEED RESTRICTION 7 8 I. WHEREAS, the City of Huntington Beach Redevelopment Agency, 9 hereinafter referred to as the "Owner," is the record owner of the real property in the City 10 of Huntington Beach, County of Orange, State of California, which is described on 11 Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred 12 to as the "Property"); and \13 13 II. WHEREAS, Mayer Financial, L.P., is the Developer of the Property 4 14 and the assignee of all right, title and interest of the Robert L. Mayer Trust in the • 15 Property. The Robert Mayer Corporation is, and at various times has been, the agent and �' 16 representative of Mayer Financial,L.P., and the Robert L. Mayer Trust. The Robert I7 Mayer Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust are hereinafter 18 collectively referred to as "Mayer." 19 III. WHEREAS, the California Coastal Commission, hereinafter referred 20 to as the "Commission," is acting on behalf of the People of the State of California; and 21 IV. . WHEREAS,the subject property is located within the coastal zone 22 as'defined in Section 30103 of Division 20 of the California Public Resources Code, 23 hereinafter referred to as the "California Coastal Act of 1976" (the "Act"); and 24 V. WHEREAS, the Property includes an area (the "Degraded Wetland 25 Area") within which there is an existing .696-acre degraded wetland located generally 26 1000 feet inland of the northwest comer of Pacific Coast Highway and Beach Boulevard. 27 The Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 28 /// THIS INSTRUMENT FILED FOR RECORD BY •RICMAROs,w�Tao" FIRST A.SIERICAN TITLE INSURANCE COMPANY AS AN Q GERS MON Attorneys al law 12063,0003\631622.5 I ACCO1,510DATION ONLY. IT HAS NOT BEEN ECAMWED AS TO ITS ECECUTION OR AS TO ITS EFFECT UPON THE TITLE Recorded in Official Records,County of Orange G L. Granville; Clerk-Recorder ° Y, 1111111111111111I 'lll�llll1111111111111111111 ►i1lI NQ FEE • RECORDING REQUESTED BY 20000689469 04:30pm 12/19/00 AND V-,—HEN RECORDED MAIL TO: 121 15 S 13 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CALIFORNIA COASTAL COMINiISSION 45 Fremont Street, Suite 2000 San Francisco, California 94105-2219 Attention: Legal Division CONFORMED COPY (Space Above For Recorder's Use only) SLBORDINATIOIr AGREEMENT THIS SUBORDIINATION AGREEMENT is entered into as of this day of November, 2000, by THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a Public Agency ("Redevelopment Agency"), THE CITY OF HUNTINGTON - BEACH, a charter city ("City"), THE WATERFRONT HOTEL, LLC, a California limited liability company ("Waterfront"), Robert L. Mayer, as trustee of the ROBERT L. MAYER TRUST OF 1982, dated June 2, 1982 ("?Mayer Trust"), and MAYER FINANCIAL, LTD., a Califor;Iia limited partnership ("Nfayer Financial") (the Redevelopment Agency, the City, l Waterfront, the Mayer Trust, and Mayer Financial may hereinafter be referred to collectively as the"Subordinating Parties"),with reference to the following facts: A. The Redevelopment Agency is the current fee owner of that certain real property • located in the City of Huntington Beach, County of Orange, State of California, as more particularly described on Exhibit "A", attached hereto and incorporated herein by reference (the "Property"), a portion of which Property includes an area commonly referred to as the"Degraded Wetland Area", as more particularly described on Exhibit "B", attached hereto and incorporated herein by reference. B. On or about April 28, 1989, the Redevelopment Agency and the Mayer Trust, predecessor in interest by assignment to Mayer Financial, executed that certain unrecorded Lease (the "Lease"), as evidenced by that certain Memorandum of Lease, recorded on April 28, 1989, in the official records of the County of Orange, State of California ("Official Records") as Instrument No. 89-225547(the "Memorandum of Lease"), whereby the Redevelopment Agency leased to the Mayer Trust and the Mayer Trust Ieased from the Redevelopment Agency that certain real property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Lease. The real property encumbered by the Lease may or may not affect the Degraded Wetland Area. C. On -r about September 21, 1998, the City, Mayer Financial, and Waterfront executed that certain Amended and Restated Development Agreement ("Development Agreement"), recorded on October 21, 1998, in the Official Records as Instrument No. 19980711512, and re-recorded in the Official Records on December 7, 1998, as Instrument No. 19980838602,which Development Agreement encumbers the Degraded Wetland Area and other real property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Development Agreement. • 6IS�Ot97�0 CCC3 THIS INSTRUMENT FILED FOR RECORD BY I1W50.v?a!1!2:!00 FIRST ANIMUCAN TITLE MSURA.VCE COMPANY AS AN i ACCONLMODATION ONLY. IT HAS NOT BEEN EXAMINED AS TO ITS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE THE ROBERT MAYER ORPORATION T • ` lei BY HAI DELIVERY Ms. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Re: The Waterfront Degraded Wetland Settlement Agreement and Other Documents Dear Ms. Brockway: Per your request of Cynthia Vallana of The Robert Mayer Corporation, I am enclosing for you copies of the following documents which have previously been sent to Mr. Paul D'Allessandro of the City Attorney's office. 1- Copy of fully executed Settlement Agreement. 2-- Copy of fully executed and recorded Open Space I Wetland Preservation and Restoration Deed Restriction (the "Deed Restriction"). (The recorded original is in the possession of the Coastal Commission.) • 3. Copy of fully executed and recorded Subordination Agreement. (The recorded original is in the possession of the Coastal Commission.) i 4. ijCopy of First American Title Insurance Company-Preliminary Report dated January 02, 2001 evidencing recordation of the Deed Restriction and Subordination Agreement. GI 5. Copy of letter dated January 23, 2001, executed by Peter Douglas, Executive Director of the ti 7� California Coastal Commission, confirming the finality of Coastal Development Permit 97-15 pursuant to the Settlement Agreement. 6. Copy of letter dated January 25, 2001, executed by the Mayer related entities and Ray Silver on behalf of the Redevelopment Agency abandoning Coastal Development Permit A-5-HNB-99-275 pursuant to the Settlement Agreement. I believe these are all of the documents related to this Settlement Agreement and should complete your file on this matter. If there is anything further I can help you with, please don't hesitate to call me at 949 589-8557 ext. 251. Sincer Shawn K. Millbern Sr. Vice President • 665Wwport Center Drive,Suite 1050 Box 8680 Newport Beach,California 92658-8680 (949)759-8091 f � RECOROuvG AEi UESTED 2Y CONFORMED COPY FMA.Uxm Tru liSiJRJ a aAO&I Recorded in Official Records,County of Orange 1 RECORDrNG REQUESTED BY ANTI) L. Granville, Clerk-Recorder RETURN TO: II lilll IIIII lllll 1,121III IIIII llllllllil IIIII IIIIIIII N 0 F E 2 CaLiornla Coastal Commission 45 Fremont Street, Suite 2000 3 San Francisco, CA 94105-2219 20000689468 04:30pm 12/19/C 0 Attn: Leoal Division 121 15 D 12 49 4 D 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5 OPEN SPACE /WETLAND PRESERVATION AND 6 RESTORATION DEED RESTRICTION 7 8 I. WHEREAS, the City of Huntington Beach Redevelopment Agency, 9 hereinafter referred to as the "Owner," is the record owner of the real property in the City 10 of Huntington Beach, County of Orange, State of California,which is described on 11 Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred 12 to as the "Property"); and \! 13 II. WHEREAS, Mayer Financial, L.P., is the Developer of the Property 4 14 and the assignee of all right, title and interest of the Robert L.Mayer Trust in the • 15 Property. The Robert Mayer Corporation is, and at various times has been, the agent and 16 representative of Mayer Financial, L.P.,and the Robert L. Mayer Trust. The Robert 17 Mayer Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust are hereinafter 18 collectively referred to as `'Mayer." 19 III. WHEREAS, the California Coastal Commission, hereinafter referred 20 to as the "Commission," is acting on behalf of the People of the State of California; and 21 IV. . WHEREAS,the subject property is located within the coastal zone 22 as'defined in Section 30103 of Division 20 of the California Public Resources Code, 23 hereinafter referred to as the "California Coastal Act of 1976" (the "Act"); and 24 V. WHEREAS, the Property includes an area(the "Degraded Wetland 25 Area") within which there is an existing .696-acre degraded wetland located generally 26 1000 feet inland of the northwest comer of Pacific Coast Highway and Beach Boulevard. 27 The Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 28 VTHIS INSTRUh1ENT FILED FOR RECORD BY �icH�Acs,wAraoN FIRST ANIERICAN TITLE INSURANCE COMPANY AS AN RAttO GEAS!{ONmers at Law 120E3t,0003\63162_ ACCOMMODATION1 ACCOMMODATION ONLY. IT HAS NOT BEEN EXAMINED AS TO rrS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE Recorded in Official Records,County of Orange Ga L. Granville, Clerk-Recorder °' Y Ilill'I1111111111111111�1111111111111111111111111111111 NO FEE • RECORDD;G REQUESTED BY 20000689469 04:30pm 12/19/00 AND VV LEN RECORDED M.AJL TO: 121 15 S 13 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CALIFORNIA COASTAL COMMISSION 45 Fremont Street, Suite 2000 San Francisco, California94105-2219 CONFORMED COPY Attention: Legal Division (Space Above For Recorde s Use Only) SUBORDINATIOiti AGREEMENT THIS SUBORDD�ATION AGREEMENT is entered into as of this "day of November, 2000, by THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a Public Agency ("Redevelopment Agency"), THE CITY OF HUNTINGTON BEACH, a charter city ("City"), THE WATERFRONT HOTEL, LLC, a California limited liability company ("Waterfront"), Robert L. Mayer, as trustee of the ROBERT L. MAYER TRUST OF 1982, dated June 2, 1982 ("Mayer Trust"), and MAYER FINANCIAL, LTD., a California limited partnership ("Mayer Financial") (the Redevelopment Agency, the City, I Waterfront, the Mayer Trust, and Mayer Financial may hereinafter be referred to collectively as the"Subordinating Parties"),with reference to the following facts: • Q A. The Redevelopment Agency is the current fee owner of that certain real property located in the City of Huntington Beach, County of Orange, State of California, as more particularly described on Exhibit "A", attached hereto and incorporated herein by reference (the "Property"), a portion of which Property includes an area commonly referred to as the"Degraded Wetland Area", as more particularly described on Exhibit "B", attached hereto and incorporated herein by reference. B. On or about April 28, 1989, the Redevelopment Agency and the Mayer Trust, predecessor in interest by assignment to Mayer Financial, executed that certain unrecorded Lease (the "Lease"), as evidenced by that certain Memorandum of Lease, recorded on April 28, 1989, in the official records of the County of Orange, State of California ("Official Records") as Instrument No. 89-225547(the "Memorandum of Lease"), whereby the Redevelopment Agency leased to the Mayer Trust and the Mayer Trust leased from the Redevelopment Agency that certain real property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Lease. The real property encumbered by the Lease may or may not affect the Degraded Wetland Area. C. On r about September 21, 1998, the City, Mayer Financial, and Waterfront executed that certain Amended and Restated Development Agreement ("Development Agreement"), recorded on October 21, 1998, in the Official Records as Instrument No. 19980711512, and re-recorded in the Official Records on December 7, 1998, as Instrument No. 19980838602, which Development Agreement encumbers the Degraded Wetland Area and other real property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Development Agreement. • 615M974:a3 THIS INSTRUMENT FILED FOR RECORD BY 13-050.02 uI1!:.1a0 FIRST A.MMCAN TITLE NSURA_tiCE COMPANY AS AN ACCOh12,(ODATION ONLY. IT HAS NOT BEEN LXAMINED AS TO ITS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE :2 THE ` ROBERT Y-' MAYER a CORPORATION BY HAND DELIVERY 4 Ms. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Re: The Waterfront Degraded Wetland Settlement Agreement and Other Documents Dear Ms. Brockway: Per your request of Cynthia Vallana of The Robert Mayer Corporation, I am enclosing for you copies of the following documents which have previously been sent to Mr. Paul D'Allessandro of the City Attorney's office. l. Copy of fully executed Settlement Agreement. 2. Copy of fully executed and recorded Open Space / Wetland Preservation and Restoration Deed Restriction (the "Deed Restriction"). (The recorded original is in the possession of the Coastal Commission.) • 3. Copy of fully executed and recorded Subordination Agreement. (The recorded original is in the possession of the Coastal Commission.) it 4. ilCopy of First American Title Insurance Company Preliminary Report dated January 02, 2001 evidencing recordation of the Deed Restriction and Subordination Agreement. iJ 5. Copy of letter dated January 23, 2001, executed by Peter Douglas, Executive Director of the n T� California Coastal Commission, confirming the finality of Coastal Development Permit 97-15 pursuant to the Settlement Agreement. 6. Copy of letter dated January 25, 2001, executed by the Mayer related entities and Ray Silver on behalf of the Redevelopment Agency abandoning Coastal Development Permit A-5-HNB-99-275 pursuant to the Settlement Agreement. I believe these are all of the documents related to this Settlement Agreement and should com lete your file on this matter. If there is anything further I can help you with, please don't hesitate to call me at 949-58 - 557 ext. 251. Sincer Shawn K. Millbern Sr. Vice President • 66M&port Center Drive,Suite 1050 Box 8680 Newport Beach,California 92658-8680 (949)759-8091 PEC( M RMr}f;STED SY CONFORMED COPY 1 i�l�iC�i 1FI1,E� Y Recorded in Official Records,County of Orange f 1 RECORDENG REQUESTED BY AND Ge L. Granville, Clerk-Recorder RETURN TO: IIIIlIIllllllllil!l111l Illlflllllllf(llllllllllllffll NO FE 2 Californiaornl Coastal Commission 45 Fremont Street, Suite 2000 3 San Francisco, CA 94105-2219 20000689468 04:30pm 12/19/00 Attu: Legal Division 121 15 D12 49 I 4 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 5 OPEN SPACE /WETLAND PRESERVATION AND 6 RESTORATION DEED RESTRICTION 7 8 I. WHEREAS, the City of Huntington Beach Redevelopment Agency, 9 hereinafter referred to as the "Owner," is the record owner of the real property in the City 10 of Huntington Beach, County of Orange, State of California, which is described on 11 Exhibit"A" attached hereto and incorporated herein by this reference (hereinafter referred 12 to as the ".Property"); and \13 13 II. WHEREAS, Mayer Financial, L.P., is the Developer of the Property 4 14 and the assignee of all right, title and interest of the Robert L. Mayer Trust in the • 4 11F� 15 Property. The Robert Mayer Corporation is, and at various times has been, the agent and 16 representative of Mayer Financial,L.P., and the Robert L. Mayer Trust. The Robert 17 Mayer Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust are hereinafter 18 collectively referred to as "Mayer." 19 III. WHEREAS, the California Coastal Commission, hereinafter referred 20 to as the "Commission," is acting on behalf of the People of the State of California; and 21 IV. . WHEREAS,the subject property is located within the coastal zone 22 as-defined in Section 30103 of Division 20 of the California Public Resources Code, 23 hereinafter referred to as the "California Coastal Act of 1976" (the "Act"); and 24 V. WHEREAS, the Property includes an area (the "Degraded Wetland 25 Area")within which there is an existing .696-acre degraded wetland located generally 26 1000 feet inland of the northwest comer of Pacific Coast Highway and Beach Boulevard. 27 The Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 28 /// THIS INSTRUMENT FILED FOR RECORD BY �ICHAROS,WATSON FIRST A.NIERICAN TITLE INSURANCE COMPANY AS AN A GEASHON Attorneys at Law 12063i00031631622.5 1 ACCOIAMODATION ONLY. IT HAS NOT BEEN EXAMWED AS TO ITS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE Recorded in Official Records,County of Orange s Ga L. Granville, Clerk-Recorder 111lllllllllllillllllll�lillllllllllllllllllllillllllll N O , 4 F E E • RECORDING REQUESTED BY 20000689469 04:30pm 12/19/00 AND V HEN RECORDED MAIL TO: 121 15 S 13 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CALIFORNIA COASTAL COMMISSION 45 Fremont Street, Suite 2000 San Francisco, California 94.05-2219 CONFORMED � ,� � � ��P Attention: Legal Division (Space Above For Recorder's Use only) SI:BORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT is entered into as of this L��'day of November, 2000, by THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a Public Agency ("Redevelopment Agency"), THE CITY OF HUNTINGTONr BEACH, a charter city ("City"), THE WATERFRONT HOTEL, LLC, a California limited liability company ("Waterfront'), Robert L. Mayer, as trustee of the ROBERT L. MAYER L TRUST OF 1982, dated June 2, 1982 ("Mayer Trust"), and MAYER FINANCIAL, LTD., a California limited partnership (`Mayer Financial") (the Redevelopment Agency, the City, I Waterfront, the Mayer Trust, and Mayer Financial may hereinafter be referred to collectively as *� the"Subordinating Parties"),With reference to the following facts: A. The Redevelopment Agency is the current fee owner of that certain real property • located in the City of Huntington Beach, County of Orange, State of California, as more particularly described on Exhibit "A", attached hereto and incorporated herein by reference (the "Property"), a portion of which Property includes an area commonly referred to as the"Degraded Wetland Area", as more particularly described on Exhibit "B", attached hereto and incorporated herein by reference. B. On or about April 28, 1989, the Redevelopment Agency and the Mayer Trust, predecessor in interest by assignment to Mayer Financial, executed that certain unrecorded Lease (the "Lease"), as evidenced by that certain Memorandum of Lease, recorded on April 28, 1989, in the official records of the County of Orange, State of California ("Official Records") as Instrument No. 89-225547(the "Memorandum of Lease"), whereby the Redevelopment Agency leased to the Mayer Trust and the Mayer Trust leased from the Redevelopment Agency that certain rgal property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Lease. The real property encumbered by the Lease may or may not affect the Degraded Wetland Area. C. On -r about September 21, 1998, the City, Mayer Financial, and Waterfront executed that certain Amended and Restated Development Agreement ("Development Agreement"), recorded on October 21, 1998, in the Official Records as Instrument No. 19980711512, and re-recorded in the Official Records on December 7, 1998, as Instrument No. 19980838602,which Development Agreement encumbers the Degraded Wetland Area and other real property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Development Agreement. • 6tsro19;43{GC3 THIS INSTRUJIWr FILED FOR RECORD BY 134050.02 at 1/12100 FIRST AMERICAN TITLE NSURANCE COMPANY AS AN ACCONSIODATION ONLY. rr HAS NOT BEEN EXAMINED AS TO ITS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE r . THE ROBERT -- MAYER a $ nORPORATION BY HAND DELIVERY Ms. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Re: The Waterfront Degraded Wetland Settlement Agreement and Other Documents Dear Ms. Brockway: Per your request of Cynthia Vallana of The Robert Mayer Corporation, I am enclosing for you copies of the following documents which have previously been sent to Mr. Paul D'Allessandro of the City Attomey's office. l. Copy of fully executed Settlement Agreement. 2.- Copy of fully executed and recorded Open Space / Wetland Preservation and Restoration Deed Restriction (the "Deed Restriction"). (The recorded original is in the possession of the Coastal Commission.) • 3. Copy of fully executed and recorded Subordination Agreement. (The recorded original is in the possession of the Coastal Commission.) i C 4. ij Copy of First American Title Insurance Company PreliminaZ Report dated January 02, 2001 omrn�� ihlevidencing recordation of the Deed Restriction and Subordination Agreement. 7 5. Copy of letter dated January 23, 2001, executed by Peter Douglas, Executive Director of the 4711� California Coastal Commission, confirming the finality of Coastal Development Permit 97-15 pursuant to the Settlement Agreement. 6. Copy of letter dated January 25, 2001, executed by the Mayer related entities and Ray Silver on behalf of the Redevelopment Agency abandoning Coastal Development Permit A-5-HNB-99-275 pursuant to the Settlement Agreement. I believe these are all of the documents related to this Settlement Agreement and should com lete your file on this matter. If there is anything further I can help you with, please don't hesitate to call me at 949-58 -8557 ext. 251. Sincer Shawn K. Millbern Sr. Vice President • 666W&port Center Drive,Suite 1050 Box 8680 Newport Beach,California 92658-8680 (949)759-8091 RECORDING CONFORMED COPY RECORDING REGIFST:D 3Y F*4o0c MI Tfu Recorded in Official Records,County of Orange 1 RECORDING REQUESTED BY AND Gary L. Granville, Clerk-Recorder RETURN TO: !I I!I!!IIIII IIIII ilill IlI1!!ll IIIIIIIIII IIIII IIIIIlII N O F E 2 California Coastal Commission 45 Fremont Street, Suite 2000 3 San Francisco, CA 94105-2219 20000689468 04:30pm 12/19/ 0 Attn: Legal Division 121 15 D12 49 4 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5 OPEN SPACE I WETLAND PRESERVATION AND 6 RESTORATION DEED RESTRICTION 7 8 I. WHEREAS, the City of Huntington Beach Redevelopment Agency, 9 hereinafter referred to as the "Owner," is the record owner of the real property in the City 10 of Huntington Beach, County of Orange, State of California, which is described on 11 Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred `V 12 to as the ".Property"); and v 13 I1. WHEREAS, Mayer Financial, L.P., is the Developer of the Property 14 and the assignee of all right, title and interest of the Robert L. Mayer Trust in the 15 Property. The Robert Mayer Corporation is, and at various times has been, the agent and 16 representative of Mayer Financial,L.P., and the Robert L. Mayer Trust. The Robert 17 Mayer Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust are hereinafter 18 collectively referred to as "Mayer." 19 III. WHEREAS, the California Coastal Commission, hereinafter referred 20 to as the "Commission," is acting on behalf of the People of the State of California; and 21 IV. WHEREAS,the subject property is located within the coastal zone 22 as defined in Section 30103 of Division 20 of the California Public Resources Code, 23 hereinafter referred to as the "California Coastal Act of 1976" (the "Act"); and 24 V. WHEREAS, the Property includes an area (the "Degraded Wetland 25 Area") within which there is an existing .696-acre degraded wetland located generally 26 1000 feet inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. 27 The Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 28 THIS INSTRUMENT FILED FOR RECORD BY �icrtwt,cs,wA7OON FIRST ANIERICAN TITLE INSURANCE COMPA,NY AS AN Q G6NS MON Attorneys al Law 12063%0003\631622.5 1 ACCOMMODATION ONLY. IT HAS NOT BEEN MkNIINED AS TO rrs ECECUTION OR AS TO ITS EFFECT UPON THE TITLE 1 Recorded in Official Records,County of Orange Ga L. Granville, Clerk-Recorder 111111111illllllllll11111111111111III NO F E E • RECORDING REQUESTED BY 20000689469 04:30pm 12/19/00 AND V TIEN RECORDED MAIL TO: 121 15 S 13 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CALIFORNIA COASTAL COMMISSION 45 Fremont Street, Suite 2000 San Francisco, Calicornia 94105-2219 ��Pv Attention: Legal Division CONFORMED 1 (Space Above For Recorder's Use Oily) SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT is entered into as of this 29"—day of November, 2000, by THE REDEVELOPMENT AGEI CY OF THE CITY OF HUNTINGTON BEACH, a Public Agency ("Redevelopment Agency"), THE CITY OF HUNTINGTON BEACH, a charter city ("City"), THE WATERFRONT HOTEL, LLC, a California limited liability company ("Waterfront"), Robert L. Mayer, as trustee of the ROBERT L. MAYER TRUST OF 1982, dated June 2, 1982 ("Mayer Trust"), and MAYER FINANCIAL, LTD., a California limited partnership ("Mayer Financial") (the Redevelopment Agency, the City, Waterfront, the Mayer Trust, and Mayer Financial may hereinafter be referred to collectively as the"Subordinating Parties"),with reference to the following facts: • n A. The Redevelopment agency Is the current fee owner of that certain real property `o located in the City of Huntington Beach, County of Orange, State of California, as more particularly described on Exhibit "A", attached hereto and incorporated herein by reference (the "Property"), a portion of which Property includes an area commonly referred to as the"Degraded Wetland Area", as more particularly described on Exhibit "B", attached hereto and incorporated herein by reference. B. On or about April 28, 1989, the Redevelopment Agency and the Mayer Trust, predecessor in interest by assignment to Mayer Financial, executed that certain unrecorded Lease (the "Lease"), as evidenced by that certain Memorandum of Lease, recorded on April 28, 1989, in the official records of the County of Orange, State of California ("Official Records") as Instrument No. 89-225547(the "Memorandum of Lease"), whereby the Redevelopment Agency leased to the Mayer Trust and the Mayer Trust leased from the Redevelopment Agency that certain rgal property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Lease. The real property encumbered by the Lease may or may not affect the Degraded Wetland Area. C. On r about September 21, 1998, the City, Mayer Financial, and Waterfront executed that certain Amended and Restated Development Agreement ("Development Agreement"), recorded on October 21, 1998, in the Official Records as Instrument No. 19980711512, and re-recorded in the Official Records on December 7, 1998, as Instrument No. 19980838602,which Development Agreement encumbers the Degraded Wetland Area and other real property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Development Agreement. 6tsrot97�xG0J THIS INSTRUN,fE.N7 FILED FOR RECORD BY 13.40:0.02 at FIRST A.MMCAN TITLE LNSURA`ICE COMPANY AS AN ACCO�L IODATION ONLY. IT HAS NOT BEEP(EXAMINED AS TO ITS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE .� THE ,- OBERT MAYER '..,a HAND BY HAD DELIVERY Ms. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Re: The Waterfront Degraded Wetland Settlement Agreement and Other Documents Dear Ms. Brockway: Per your request of Cynthia Vallana of The Robert Mayer Corporation, I am enclosing for you copies of the following documents which have previously been sent to Mr. Paul D'Allessandro of the City Attorney's office. 1. Copy of fully executed Settlement Agreement. 2.- Copy of fully executed and recorded Open Space / Wetland Preservation and Restoration Deed Restriction (the "Deed Restriction"). (The recorded original is in the possession of the Coastal Commission.) • 3. Copy of fully executed and recorded Subordination Agreement. (The recorded original is in the possession of the Coastal Commission.) i C 4. i j Copy of First American Title Insurance Company Preliminary Report dated January 02, 2001 evidencing recordation of the Deed Restriction and Subordination Agreement. , 'f 5. Copy of letter dated January 23, 2001, executed by Peter Douglas, Executive Director of the T� California Coastal Commission, confirming the finality of Coastal Development Permit 97-15 pursuant to the Settlement Agreement. 6. Copy of letter dated January 25, 2001, executed by the Mayer related entities and Ray Silver on behalf of the Redevelopment Agency abandoning Coastal Development Permit A-5-HNB-99-275 pursuant to the Settlement Agreement. I believe these are all of the documents related to this Settlement Agreement and should complete your file on this matter. If there is anything further I can help you with, please don't hesitate to call me at 949-58 -8557 ext. 251. Sincer Shawn K. Millbern Sr. Vice President • 66MAvport Center Drive,suite 1050 Box 8680 Newport Beach,California 92658-8680 (949)759-8091 W-OFOMR1 rrD� CONFORMED COPY � Y Recorded in Official Records,County of Orange 1 RECORDING REQUESTED BY AND Ga L. Granville, Clerk-Recorder RETURIVTO: 11111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIII�III F 2 California Coastal Commission E 45 Fremont Street, Suite 2000 3 San Francisco, CA 94105-2219 20000689468 04:30pm 12/19/C 0 Attn: Legal Division 121 15 D12 49 4 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5 OPEN SPACE /WETLAND PRESERVATIOti AIND 6 RESTORATION DEED RESTRICTION 7 8 I. WHEREAS, the City of Huntington Beach Redevelopment Agency, 9 hereinafter referred to as the "Owner," is the record owner of the real property in the City 10 of Huntington Beach, County of Orange, State of California, which is described on 11 Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred 12 to as the "_Property"); and 'S, Q 13 II. WHEREAS, Mayer Financial, L.P., is the Developer of the Property 0 n� 14 and the assignee of all right, title and interest of the Robert L. Mayer Trust in the • 15 Property. The Robert Mayer Corporation is, and at various times has been, the agent and 16 representative of Mayer Financial,L.P., and the Robert L. Mayer Trust. The Robert 17 Mayer Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust are hereinafter 18 collectively referred to as "Mayer." 19 III. WHEREAS, the California Coastal Commission, hereinafter referred 20 to as the "Commission," is acting on behalf of the People of the State of California; and 21 IV. . WHEREAS,the subject property is located within the coastal zone 22 as defined in Section 30103 of Division 20 of the California Public Resources Code, 23 hereinafter referred to as the "California Coastal Act of 1976" (the "Act");and 24 V. WHEREAS, the Property includes an area (the "Degraded Wetland 25 Area") within which there is an existing .696-acre degraded wetland located generally 26 1000 feet inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. 27 The Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 28 /// THIS INSTRUMENT FILED FOR RECORD BY •RICHAROf,WATSON FIRST AMERICAN TITLE LYSURANCE COMPANY AS AN Q GERSHON Attarneys at Law 120631,0003\631622.5 1 ACCOMMODATION ONLY. IT HAS NOT BEEN EXAMLtiED AS TO rrS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE t Recorded in Official Records,County of Orange ' s Ga L. Granville, Clerk-Recorder ��°' i 111111111illillllllllllllllllllllllllllllll111111111111 F' � " NO FEE • RECORDING REQUESTED BY 20000689469 04:30pm 12/19/00 AND V HEN RECORDED MAIL TO: 121 15 S 13 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CALIFORNIA COASTAL COMtiiISSION 45 Fremont Street, Suite 2000 San Francisco, California 94.05-2219 CONFORMED � ,� � COPY Attention: Legal Division (Space Above For Recorders Use Only) SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT is entered into as of this 29 I"-day of November, 2000, by THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a Public Agency ("Redevelopment Agency"), THE CITY OF HUNTINGTON BEACH, a charter city ("City"), THE WATERFRONT HOTEL, LLC, a California limited liability company ("Waterfront"), Robert L. Mayer, as trustee of the ROBERT L. MAYER TRUST OF 1982, dated June 2, 1982 ("Mayer Trust"), and MAYER FINANCIAL, LTD., a California limited partnership ("Mayer Financial") (the Redevelopment Agency, the City, l Wateront, the Mayer Trust, and Mayer Financial may hereinafter be referred to collectively as *� the"Subordinating Parties"),with reference to the following facts: • Q A. The Redevelopment Agency is the current fee owner of that certain real property located in the City of Huntington Beach, County of Orange, State of California, as more particularly described on Exhibit "A", attached hereto and incorporated herein by reference (the "Property"), a portion of which Property includes an area commonly referred to as the"Degraded Wetland Area", as more particularly described on Exhibit "B", attached hereto and incorporated herein by reference. B. On or about April 28, 1989, the Redevelopment Agency and the Mayer Trust, predecessor in interest by assignment to Mayer Financial, executed that certain unrecorded Lease (the "Lease"), as evidenced by that certain Memorandum of Lease, recorded on April 28, 1989, in the official records of the County of Orange, State of California ("Official Records") as Instrument No. 89-225547 (the "Memorandum of Lease"), whereby the Redevelopment Agency leased to the Mayer Trust and the Mayer Trust leased from the Redevelopment Agency that certain real property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Lease. The real property encumbered by the Lease may or may not affect the Degraded Wetland Area. C. On -r about September 21, 1998, the City, Mayer Financial, and Waterfront executed that certain Amended and Restated Development Agreement ("Development Agreement"), recorded on October 21, 1998, in the Official Records as Instrument No. 199807 11512, and re-recorded in the Official Records on December 7, 1998, as Instrument No. 19980838602, which Development Agreement encumbers the Degraded Wetland Area and other real property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Development Agreement. • 613iCt9i47-'AG3 THIS INSTRUMENT FILED FOR RECORD BY IisC<C.o?,t u;zraa FIRST AMERICAN TITLE INSURANCE COMPA,ti'Y AS AN ACCOMMODATION ONLY. IT HAS NOT$EEY EXAMINED AS TO rrS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE 1 >�THE ROBERT •'` MAYER ORPORATION T • _Ua .° BY HAND DELIVERY Ms. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Re: The Waterfront Degraded Wetland Settlement Agreement and Other Documents Dear Ms. Brockway: Per your request of Cynthia Vallana of The Robert Mayer Corporation, I am enclosing for you copies of the following documents which have previously been sent to Mr. Paul D'Allessandro of the City Attorney's office. 1. Copy of fully executed Settlement Agreement. 2.- Copy of fully executed and recorded Open Space / Wetland Preservation and Restoration Deed Restriction (the "Deed Restriction"). (The recorded original is in the possession of the Coastal Commission.) • 3. Copy of fully executed and recorded Subordination Agreement. (The recorded original is in the possession of the Coastal Commission.) i l 4. ilCopy of First American Title Insurance Company-Preliminary Report dated January 02, 2001 evidencing recordation of the Deed Restriction and Subordination Agreement. �f 5. Copy of letter dated January 23, 2001, executed by Peter Douglas, Executive Director of the n 7� California Coastal Commission, confirming the finality of Coastal Development Permit 97-15 pursuant to the Settlement Agreement. 6. Copy of letter dated January 25, 2001, executed by the Mayer related entities and Ray Silver on behalf of the Redevelopment Agency abandoning Coastal Development Permit A-5-HNB-99-275 pursuant to the Settlement Agreement. I believe these are all of the documents related to this Settlement Agreement and should complete your file on this matter. If there is anything further I can help you with, please don't 855 hesitate to call me at 949-58 - 7 ext. 251. 4incer Shawn K. Millbern Sr. Vice President 6M&*vport Center Drive,Suite 1050 Box 8680 Newport Beach,California 92658-8680 (949)759-8091 w i" �F3ECOROtNG REOIfESTED 3Y CONFORMED COPY R� AAEliStlRpliCf ox Recorded in Official Records,County of Orange 1 RECORDENG REQUESTED BY AND Ga�f L.`Granville, Clerk-Recorder RETURN TO: II IIIII IIIII 2 California IIIII IIIII IIII'III�I IIII�IIIII�IIII�II'I III NO FEE California Coastal Commission 45 Fremont Street, Suite 2000 3 San Francisco, CA 94105-2219 20000689468 04:30pm 12/19/C 0 Attn: Legal Division 121 15 D12 49 4 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5 OPEN SPACE I WETLAND PRESERVATION AND 6 RESTORATION DEED RESTRICTION 7 8 I. WHEREAS, the City of Huntington Beach Redevelopment Agency, 9 hereinafter referred to as the "Owner," is the record owner of the real property in the City 10 of Huntington Beach, County of Orange, State of California, which is described on 11 Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred 12 to as the "Property"); and Q 13 II. WHEREAS, Mayer Financial, L.P., is the Developer of the Property 4 14 and the assignee of all right, title and interest of the Robert L.Mayer Trust in the 15 Property. The Robert Mayer Corporation is, and at various times has been, the agent and 16 representative of Mayer Financial,L.P., and the Robert L. Mayer Trust. The Robert 17 Mayer Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust are hereinafter 18 collectively referred to as "Mayer." 19 III. WHEREAS, the California Coastal Commission, hereinafter referred 20 to as the "Commission," is acting on behalf of the People of the State of California; and 21 IV. . WHEREAS,the subject property is located within the coastal zone 22 as defined in Section 30103 of Division 20 of the California Public Resources Code, 23 hereinafter referred to as the "California Coastal Act of 1976" (the "Act"); and 24 V. WHEREAS, the Property includes an area (the "Degraded Wetland 25 Area") within which there is an existing .696-acre degraded wetland located generally 26 1000 feet inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. 27 The Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 28 THIS INSTRUMENT FILED FOR RECORD BY RICHAR OS.WATSON FIRST AMERICAN TITLE INSURANCE COMPANY AS AN @ GERSHON Ano-eys at Law 12063i0003\631622.5 I ACCOMMODATION ONLY. rr HAS NOT BEEN EXAMINED AS TO rrS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE Recorded in Official Records,County of Orange • Ga L. Granville, Clerk-Recorder � Y IIIIIIIIIIillllllllllll�IIIIIIII!lllllllllll!lIIIIIIII NO FEE RECORDING REQUESTED BY 20000689469 04:30pm 12/19/00 AND 'VVHEN RECORDED MAIL TO: 121 15 S 13 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CALIFORNIA COASTAL COMMISSION 45 Fremont Street, Suite 2000 San Francisco, California94105-2219 ®N�OE� COPY Attention: Legal Division (Space Above For Recorder's Use Only) SUBORDINATION AGREEMENT THIS SUBORDD4ATION AGREEMENT is entered into as of this �'-day of November, 2000, by THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a Public Agency ("Redevelopment Agency"), THE CITY OF HUNTINGTON BEACH, a charter city ("City'), THE WATERFRONT HOTEL, LLC, a California limited liability company ("Waterfront"), Robert L. Mayer, as trustee of the ROBERT L. MAYER TRUST OF 1982, dated June 2, 1982 ("Mayer Trust"), and MAYER FINANCIAL, LTD., a j California limited partnership ("Mayer Financial") (the Redevelopment Agency, the City, Waterfront, the Mayer Trust, and Mayer Financial may hereinafter be referred to collectively as the"Subordinating Parties"), with reference to the following facts: A. The Redevelopment Agency Is the current fee owner of that certain real property located in the City of Huntington Beach, County of Orange, State of California, as more particularly described on Exhibit "A", attached hereto and incorporated herein by reference (the "Property"), a portion of which Property includes an area commonly referred to as the"Degraded Wetland Area", as more particularly described on Exhibit "B", attached hereto and incorporated herein by reference. B. On or about April 28, 1989, the Redevelopment Agency and the Mayer Trust, predecessor in interest by assignment to Mayer Financial, executed that certain unrecorded Lease (the "Lease'), as evidenced by that certain Memorandum of Lease, recorded on April 28, 1989, in the official records of the County of Orange, State of California ("Official 'Records") as Instrument No. 89-225547 (the "Memorandum of Lease"), whereby the Redevelopment Agency leased to the Mayer Trust and the Mayer Trust leased from the Redevelopment Agency that certain real property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Lease. The real property encumbered by the Lease may or may not affect the Degraded Wetland Area. C. On r about September 21, 1998, the City, Mayer Financial, and Waterfront executed that certain Amended and Restated Development Agreement ("Development Agreement"), recorded on October 21, 1998, in the Official Records as Instrument No. 19980711512, and re-recorded in the Official Records on December 7, 1998, as Instrument No. 19980838602, which Development Agreement encumbers the Degraded Wetland Area and other real property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Development Agreement. 11 510 1 9 74 0-CGG3 THIS INSTRUMENT FILED FOR RECORD BY 134050.02 aI u:vao FIRST AMERICAN TITLE INSURANCE COMPANY AS AN ACCOMMODATION ONLY. IT HAS NOT BEEN EXAMINED AS TO ITS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE THE ROBERT ' MAYER (�1 ORPORATION T BY HAND DELIVERY Ms. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Re: The Waterfront Degraded Wetland Settlement Agreement and Other Documents Dear Ms. Brockway: Per your request of Cynthia Vallana of The Robert Mayer Corporation, I am enclosing for you copies of the following documents which have previously been sent to Mr. Paul D'Allessandro of the City Attorney's office. 1. Copy of fully executed Settlement Agreement. 2.- Copy of fully executed and recorded Open Space / Wetland Preservation and Restoration Deed Restriction (the "Deed Restriction"). (The recorded original is in the possession of the Coastal Commission.) 3. Copy of fully executed and recorded Subordination Agreement. (The recorded original is in the possession of the Coastal Commission.) i 4. i jCopy of First American Title Insurance Company Preliminary Report dated January 02, 2001 061�m Od evidencing recordation of the Deed Restriction and Subordination Agreement. ,_'J 5. Copy of letter dated January 23, 2001, executed by Peter Douglas, Executive Director of the T� California Coastal Commission, confirming the finality of Coastal Development Permit 97-15 pursuant to the Settlement Agreement. 6. Copy of letter dated January 25, 2001, executed by the Mayer related entities and Ray Silver on behalf of the Redevelopment Agency abandoning Coastal Development Permit A-5-HNB-99-275 pursuant to the Settlement Agreement. I believe these are all of the documents related to this Settlement Agreement and should complete your file on this matter. If there is anything further I can help you with, please don't hesitate to call me at 949-58 -8557 ext. 251. Sincer Shawn K. Millbern Sr. Vice President 6&Qwport Center Drive,Suite 1050 Box 8680 Newport Beach,California 92658-8680 (949)759-8091 .� i _= "' �" �"'�'� i 1 SETTLEMENT AGREEMENT 2 ; 3 This Settlement Agreement ("Agreement") is entered into by and between 4 the California Coastal Commission ("Commission"), the City of Huntington Beach 5 ("City), the Huntington Beach Redevelopment Agency ("Agency"), and the Robert Mayer 6 Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust (collectively, "Mayer"). 7 The Commission, City, Agency and Mayer are sometimes collectively referred to in this 8 Agreement as "the Parties." 9 RECITALS 10 WHEREAS, the Agency is the owner in fee simple of certain real property 11 in the City of Huntington Beach, County of Orange, State of California, which is 12 described on Exhibit "A" attached hereto and incorporated herein by this reference (the 13 "Property"). 14 WHEREAS, Mayer Financial, L.P., is the Developer of the Property and the 15 assignee of all right, title and interest of the Robert L. Mayer Trust in the Property. The 16 Robert Mayer Corporation is, and at various times has been, the agent and representative 17 of Mayer Financial, L.P., and the Robert L. Mayer Trust. 18 WHEREAS, the Property includes an area (the "Degraded Wetland Area") 19 within which there is an existing .696-acre degraded wetland located generally 1000 feet 20 inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. The 21 Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 22 incorporated herein by this reference and described specifically on Exhibit "C" attached 23 hereto and incorporated herein by this reference. 24 WHEREAS, on April 11, 2000, the Commission approved, with conditions, 25 Coastal Development Permit No. A-5-HNB-99-275, an application filed by the Robert L. 26 Mayer Trust and the Agency to fill the Degraded Wetland Area in conjunction with the 27 implementation of a wetland and riparian woodland habitat restoration project at the 28 Shipley Nature Center in the City of Huntington Beach. RICHARDS, WATSON @ GERSHON Attorneys at Law 12063\0003\631622.4 1 I WHEREAS, on September 13, 2000, the Commission adopted Revised 2 Findings to support its decision to approve Coastal Development Permit No. A-5-HNB- 3 99-275, finding that the development, as conditioned, is consistent with the certified City 4 of Huntington Beach Local Coastal Program. 5 WHEREAS, on May 17, 2000, project opponents filed a lawsuit entitled 6 Bolsa Chica Land Trust, et al. v. California Coastal Commission, et al., Orange County 7 Superior Court Case No. OOCCO5991, seeking to set aside the Commission's approval of 8 Coastal Development Permit No. A-5-HNB-99-275. 9 WHEREAS, on September 14, 1998, the City of Huntington Beach City 10 Council granted the separate application of the Robert Mayer Corporation and Mayer 11 Financial, L.P., for Coastal Development Permit CDP 97-15, approving, inter alia, the 12 construction of the Grand Coast Resort Hotel and Conference Center, located generally 13 on the north side of Pacific Coast Highway, west of Beach Boulevard and east of 14 Huntington Street, in the City of Huntington Beach. 15 WHEREAS, on September 22, 1998, the Commission acknowledged 16 receipt of the City's written Notice of Action on CDP 97-15, thereby commencing a 10 17 working day appeal period. 18 WHEREAS, on October 7, 1998, the Commission wrote the Robert Mayer 19 Corporation and City, informing them that the 10-day appeal period expired on October 6, 20 1998, that no appeals were received by the Commission, and that CDP 97-15 is therefore 21 final. 22 WHEREAS,pursuant to City of Huntington Beach CDP 97-15, Mayer has 23 undertaken substantial site preparatory work and contends that it has incurred substantial 24 liabilities in preparation for imminent construction of the Grand Coast Resort Hotel and 25 Conference Center. 26 WHEREAS, on September 12, 2000, the Staff of the Commission issued a 27 written Notice of Suspension to the City, suspending CDP 97-15 pending a further review 28 of the legal adequacy of the City's September 18, 1998 Notice of Action. The City, RICHAR DS, WATSON & GERSHON Attorneys at Law 12063\0003\631622.4 2 I Agency and Mayer contend that said Notice of Action was, and is, legally adequate and 2 no longer subject to challenge. 3 WHEREAS, the Parties have since conducted a thorough review of the 4 disputed matters, and have agreed to a full, final and complete settlement on the terms 5 and conditions set forth herein. 6 WHEREAS, this Agreement is entered into by the Commission, City, 7 Agency and Mayer, and each of them, without any admission of fault or liability of any 8 kind or of any contention of any of the Parties, but instead to avoid the costs and risks of 9 litigation and to resolve this matter in a matter mutually satisfactory to all of the Parties. 10 11 AGREEMENT 12 NOW, THEREFORE, in consideration of the mutual covenants and 13 promises contained herein, the Commission, City, Agency and Mayer agree to settle the 14 disputed matters upon the following terms and conditions: 15 1. Recordation of Open Space/Wetland Preservation and Restoration 16 Deed Restriction. The Agency shall execute and record a Deed Restriction over the 17 Degraded Wetland Area which limits, in perpetuity, the uses of the Degraded Wetland 18 area to natural open space for wetland preservation and restoration uses. The Deed 19 Restriction shall run with the land, binding all successors and assigns, and shall be 20 recorded free of prior liens that the Executive Director of the Commission determines 21 may affect the enforceability of the Deed Restriction. The Deed Restriction shall be 22 substantially in the form attached hereto as Exhibit I'D," and shall not be removed or 23 changed without a coastal development permit issued by the Commission. The Deed 24 Restriction shall not become effective unless and until the Commission issues the Notice 25 required under Paragraph 2, below, and City of Huntington Beach CDP 97-15 is, and 26 remains, final and not subject to appeal to the Commission. 27 2. Withdrawal of Commission Suspension Notice. Within five (5) days 28 receipt of written proof that the Deed Restriction has been recorded consistent with the RICHARDS, WATSON & GERS HON Attorneys at Law 12063\0003\631622.4 3 1 terms and conditions of Paragraph 1, above, the Commission, through its Executive 2 Director, shall issue a Notice of Withdrawal of Suspension Notice ("Notice") to the City, 3 with copies to the Agency and the Robert Mayer Corporation, formally withdrawing its 4 September 12, 2000 Notice of Suspension and advising that City of Huntington Beach 5 CDP 97-15 is final and not subject to appeal to the Commission. The Notice shall be 6 substantially in the form attached hereto as Exhibit "E." The Commission shall take no 7 action thereafter inconsistent or in conflict with that Notice. 8 3. Abandonment of Permit Approval. The Agency and Mayer agree to 9 abandon the Commission's approval of Coastal Development Permit A-5-HNB-99-275, 10 effective upon issuance by the Commission of the Notice required under Paragraph 2, 11 above; provided, however, that the Commission's approval of Coastal Development 12 Permit A-5-HNB-99-275 shall remain in full force and effect unless and until the 13 Commission issues the Notice required under Paragraph 2, above, and City of Huntington 14 Beach CDP 97-15 is, and remains, final and not subject to appeal to the Commission. 15 The Agency and Mayer shall confirm this abandonment of permit approval to the 16 Commission in writing within ten (10) days' receipt of the Notice. 17 4. No Restoration Obligation. When the Agency and Mayer abandon 18 the Commission's approval of Coastal Development Permit A-5-HNB-99-275, said 19 Coastal Development Permit shall be of no force and effect, including but not limited to 20 any obligation by Mayer to undertake the wetland and riparian woodland habitat 21 restoration project at the Shipley Nature Center. Neither the Agency nor Mayer is under 22 any obligation to restore the Degraded Wetlands Area. 23 5. Future Conveyance of Degraded Wetland Area. The Agency may at 24 any time convey the Degraded Wetland Area, separate and apart from balance of the 25 Property, to the City or any other public agency for wetland restoration and other 26 purposes subject to and consistent with the Deed Restriction. 27 28 RICHARDS, WATSON aGERSHON Attorneys at Law 12063\0003\631622.4 4 1 6. Obligation to Remove Trash and Debris from Degraded Wetland 2 Area. The Agency and its successors and assigns shall maintain the Degraded Wetland 3 Area free of trash and debris. 4 7. Duty to Cooperate. The parties agree to cooperate in effectuating 5 the terms and conditions of this Agreement. 6 8. Binding Effect. This Agreement shall inure to the benefit of and 7 shall be binding upon the heirs, successors, assigns, representatives, and beneficiaries of 8 the parties. 9 9. No Admission of Liability or Wrong-doing. This Agreement is solely 10 for the purpose of compromising doubtful and disputed claims and avoiding litigation. 11 The Agreement shall not be construed as an admission of liability or wrongdoing of any 12 party or of any contention of any party. 13 10. Para raph Headings. The paragraph headings contained herein are i 14 for descriptive purposes only and are not intended to convey or change the meaning of 15 any provision hereof. 16 11. Interpretation. This Agreement shall be construed in accordance i 17 with the laws of the State of California. 18 12. Legal Advice. Each party has received independent legal advice 19 from its attorneys with respect to the advisability of executing this Agreement and the 20 meaning of the provisions hereof. The provisions of this Agreement shall be construed as 21 to the fair meaning and not for or against any party based upon any attribution of such 22 party as the sole source of the language in question, it being expressly understood that the 23 parties hereto participated equally or had equal opportunity to participate in the drafting 24 thereof. 25 13. Execution in Counterparts. This Agreement may be executed in 26 counterparts, and when each party has signed and delivered at least one such counterpart, 27 each counterpart shall be deemed an original and, when taken together with the other 28 counterparts, shall constitute the Settlement Agreement. RICHARDS, WATSON & GERSHON Attorneys 3t t.3W 12063\0003\631622.4 5 1 IN WITNESS WHEREOF, the parties hereto have each approved and 2 executed this Settlement Agreement on the date set forth below. 3 4 DATED: ,ni CALIF I C AS L COMMISSION 5 By: 6 f Its: l'i X�/V, k 7 8 DATED: �X���' 2vr'° CITY OF HUNTINGTON BEACH 9 By: 10 Its: )V 45 i4fyi- 11 12 DATED: ��" - Z�GG CITY OF HUNTINGTON BEACH 13 REDEVELOPMENT AGENCY 14 By: 15 Its: XGL �V!✓ � )yr c�ID 1� i 16 DATED: 11/16/2 0 0 0 ROBER� MAY R C TION 17 By: �--�-� 18 Its: President 19 20 DATED: 11/16/2000 MAYER FINANCIAL, L.P. . 21 By: 22 Its: Vice Pre ' d t/Secretar 23 DATED: 11/16/2 0 0 0 ROBERT MAYER TRUST 24 i n By: (.r 25 Its: Trustee 26 27 28 [Signatures Cont'd Next Page] RICHARDS, WATSON , & GERSHON Attorneys at Law 1206310003\63 l 622.4 6 1 IN WITNESS WHEREOF, the parties hereto have each approved and 2 executed this Settlement Agreement on the date set forth below. 3 4 DATED: CALIFORNIA COASTAL COMMISSION 5 By: 6 Its: 7 8 DATED: CITY OF- IUNT GTON BEACH 9 By: 1 �\ 10 Its: !�I'I w.og'C —A �a /gal 11 12 DATED: 1/-Z� -0e) CITY OF HUNTINGTON BEACH 13 REDE OPM NT AGENCY 14 By: tz-'�M N6U&d 15 Its: Ci1►4 2,✓�q�+/ P20 7-;k%'7 16 DATED: ROBERT MAYER CORPORATION 17 By: 18 Its: 19 20 DATED: MAYER FINANCIAL, L.P. 21 By: 22 Its: 23 DATED: ROBERT MAYER TRUST 24 By: 25 Its: 26 27 28 [Signatures Cont'd Next Page] RICHARDS, WATSON h GERSHON Attorneys at Law 6 12063\0003\631622.4 I APPROVED AS TO FORM AND CONTENT: 2 RALPH F ST, JR., CHIEF COUNSEL 3 4 B'Chie G 5 ph aust, ., Esq. Courts for 6 CALIFO IA COASTAL COMMISSION 7 8 GAIL HUTTON, CITY ATTORNEY PAUL D. D'ALESSANDRO, DEPUTY CITY ATTORNEY 9 10 By: A::5 11 Paul D. D'Alessandro I'/ : a o Attorneys for CITY OF HI IN TON BEACH and 12 CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY 13 14 RICHARDS, WATSON & GERSHON 15 16 By: Steven H. Kaufmann 17 Attorneys for ROBE MAYER CORPORATION, MAYER FINANCIAL, L.P. and ROBERT L. MAYER TRUST 18 19 20 21 22 23 24 25 26 27 28 RICHARDS, WATSON @ GERSHON Attorneys at Law 12063\0003\631622.4 7 x r-7 EXHIBIT "A" THE PROPERTY-LEGAL DESCRIPTION 12063\0003\633576.1 EXHIBIT 'A' the "Property" PAGE 1 OF 3 PAGES P.O.B. BEACH ILVD `T � ��'CONSTRUCTION J 4 S 00'17'01" W Lo �-EAST LINE SEC 14-6-11 1052.24' r T.P.O.B. LM DATA NO. DIRECTION DISTANCE / I 11 S 60'5759" W 30.03' S 33'03'S3" W (RR 1 I � L2 S 88'48'52" W 15.08' L3 N 52'54'04" W 170.18' L4 N 56'44'15" W 126.00' L5 N 51'02'09" W 122.87' / L6 N 56'06'20" W 45.02' ry / L7 N 11'30'02" W 20.77' L8 N 37'56'06" E 15.58' L9 N 52'03'54" W 34.00' L 10 S 37'56'06" W 16.76' �p L 11 N 52'03'54" W 9.00' L 12 IN 52'0354" W 9.00' coo L 13 N 37'56'06" E 7.28' L 14 N 52'03'54" W 34.00' L 15 S 37'56'06" W 14.96' � L 16 S 82'53 34" W 16.4 7' L J r �i L17 N 42'18 11" E 7.52' r, r r.,r Lbi L 18 N 4741 i18" W 38.85; 1�1MOS) 7J r,/r�-5 0 N L 19 N 89'15 39" W 50.00 Lg L8 G L 10 t L 13 L L14 cc L 15 >> CURVE DATA NLY LINE L16 S112 NE1/4 NUMBER DELTA RADIUS LENGTH S1/ SEC 14-6-11 / C1 16*41'10" 94.00' 27.38' �J``' \ C2 21'35'S40 1065.00' 401.47' C3 03*50*11" 1135.00' 76.00' C4 05'42'06" 1065.00' 105.98' r1 � rri 15 >3 5 C5 05'33 16" 1135.00 110.03' lWiW3) /JJ/f 5-0 C6 02'48'13" 1060.00' 51.87' o ;n C7 05-54'17 2452.00' 252.70' N) Cto IS L r 7 R.O.W. DEDICATED PER DOC. RECORDED SPT. 1. 1995 AS 50' 100, 200' 400' �o ",INS. NO. 95-0364748 O.R. _ I moo• ,I J r l ,� \ GRAPHIC SCALE �5/, ,f/ EXHIBIT 'A' PAGE 2 OF 3 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THAT LAND SHOWN AS THE DESIGNATED REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 14, PER SAID TRACT NO. 15535; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF NORTH 89'15'39" WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT NO. 15535, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY RIGHT OF WAY SOUTH 00'17'01" WEST 1052.24 FEET TO A POINT ON THE GENERAL NORTHERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER SAID TRACT NO. 15535; THENCE ALONG SAID GENERAL NORTHERLY RIGHT OF WAY, THROUGH THE FOLLOWING COURSES, SOUTH 60'57'59" WEST 30.03 FEET, THENCE SOUTH 88'48'52" WEST 15.08 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 94.00 FEET; THENCE WESTERLY ALONG SAID CURVE 27.38 FEET THROUGH A CENTRAL ANGLE OF 16'41'10" TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET, A LINE RADIAL TO SAID POINT BEARS SOUTH 15'30'02" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 326.48 FEET THROUGH A CENTRAL ANGLE OF 21'35'54"; THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT OF WAY THROUGH THE FOLLOWING COURSES, THENCE TANGENT TO SAID CURVE NORTH 52'54'04" WEST 170.18 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET; THENCE ALONG SAID CURVE 76.00 FEET THROUGH A CENTRAL ANGLE OF 03'50'11",• THENCE TANGENT TO SAID CURVE NORTH 56'44'15" WEST 126.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG SAID CURVE 105.98 FEET THROUGH A CENTRAL ANGLE OF 05'42'06"; THENCE TANGENT TO SAID CURVE NORTH 51'02'09" WEST 122.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET, THENCE ALONG SAID CURVE 110.03 FEET THROUGH A CENTRAL ANGLE OF 05'33'16" THENCE TANGENT TO SAID CURVE NORTH 56'06'20" WEST 45.02 FEET; THENCE NORTH 11'30'02" WEST 20.77 FEET; THENCE NORTH 3756'06" EAST 15.58 FEET; THENCE NORTH 52'03'54" WEST 34.00 FEET; THENCE SOUTH 37'56'06" WEST 16.76 FEET; THENCE NORTH 52'03 54" WEST 18.00 FEET; THENCE NORTH 37'56'06" EAST 7.28 FEET.• THENCE NORTH 52'03'54" WEST 34.00 FEET: THENCE SOUTH 3756'06" WEST 14.96 FEET: THENCE SOUTH 82'53'34" WEST 16.47 FEET,• THENCE NORTH 56'06'20" WEST 315.97 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1060.00 FEET; THENCE ALONG SAID CURVE 51.87 FEET THROUGH A CENTRAL ANGLE OF 02'48'13" TO A POINT ON THE GENERAL NORTHEASTERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER DOCUMENT RECORDED SEPTEMBER 1, 1995, AS INSTRUMENT NUMBER 95- 0384748, RECORDS OF THE COUNTY OF ORANGE, A LINE RADIAL TO SAID POINT BEARS SOUTH 36'41'S3" WEST; THENCE LEAVING S41D NORTHEASTERLY RIGHT OF WAY PER SAID TRACT NO. 15535 AND CONTINUING ALONG SAID GENERAL NORTHEASTERLY RIGHT OF WAY PER SAID DOCUMENT, THROUGH THE FOLLOWING COURSES; THENCE NORTH 42'18'11" EAST 7.52 FEET. THENCE NORTH 4741'18" WEST 38.85 FEET TO THE BEGINNING OF A TANGENT EXHIBIT 'A' PAGE 3 OF 3 PAGES CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2452.00 FEET,• THENCE ALONG SAID CURVE 252.70 FEET THROUGH A CENTRAL ANGLE OF 05'54'17" TO SAID NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14; THENCE LEAVING SAID GENERAL NORTHEASTERLY RIGHT OF WAY, ALONG SAID NORTH LINE SOUTH 89"15'39" EAST 1658.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 22.65 +/- ACRES AS SHOWN ON PAGE 1 OF THIS EXHIBIT A". DATED THIS 3 DAY OF ` ,ov�[x�,b etj�- 2000 p LAND S EXP. 12/31/03 J LWSEL TON, L.S. 5347 Eo 12131103 'fgjF IS 530 OF CAVE I �7 X x y i i EXHIBIT DEGRADED WETLAND AREA-GENERAL CONFIGURATION 12063\0003\633576.1 EXHIBIT IF PAGE 1 OF 1 PAGES BEACH BOULEVARD DEGRADED \ AREA 1 existing \ < degraded \ wetland \ \ the 'Property 2 'S ' 1�0' GRAPHIC SCALE x y i EXHIBIT "C" DEGRADED WETLAND AREA-LEGAL DESCRIPTION 12063\0003\633576.1 SUNR EKHIBff V 89'15139'W N850 00 iwP.O.B. PAGE 1 OF 2 PAGES I I LM DATA NO. DIRECTION DISTANCE I I L1 S 00'17'10' W 257.55' S0' L2 N 8T33'37" W 14.00' :24- 0 N 01'08'12" E &59' 70'. 68' L4 N 45*11'301W 65.40' icy00 138' L5 N 85'23'00' W 35.27' L6 S 24'55'48" W 21.31' to cc L7 N 87*17'23" W 48.09' I L8 S 47*23'51" W 104.14' I L9 S 84'57'19" W 7.30' C+j L 10 N 3526460 W 36.33' 3 1 2 L l l N 25'58'40a E 262.04 a cn L 12 N 2227'35" W 4.50' o L 13 N 46'37'29" E 23.07' O 4j ip L 14 N 24'21'30' E 120.69' t cn cn I z L 15 N 83'27'33' E 17.12' pd w v L 16 S 0755'37" W 92.82' ' Z I I L 17 S 52'05'49" W 37.38' 25' S0' 100' L 18 S 25'20'520 E 21.31' W L19 N 60'2317' E 33.54' GRAPHIC SCALE L20 S 48'2943' E 37.00' L21 S 13'57'24' W 77.40' ^ I I L22 S 44-05#070 W 34.49' I L23 IN 56'31'38" W 21.74' L24 S 29'01'58' E 26.68' Z L25 S 78'10'370 E MOO' (� L26 N 33'19'31' E 98.78' L27 N 00'14'19" E 65.86' J L28 I N 89'42'50' El 6.00' L2 T.P.Op. v� N ry J v II v I V �L25 i I � I I L7 I L3 i I o �' L EXHIBIT 'C' PAGE 2 OF 2 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNABEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 1.1 WEST OF THE RANCHO LOS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THAT LAND DESIGNATED AS REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SEC77ON 14, PER SAID TRACT MAP; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF, NORTH 89'15'39" WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT MAP, THENCE ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17'01" WEST 681.85 FEET TO THE TRUE POINT OF BEGINNING: THENCE, CONTINUING ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17'10" WEST 257.55 FEET; THENCE, LEAVING SAID WESTERLY RIGHT OF WAY, NORTH 87'33'37" WEST 14.00 FEET; THENCE NORTH O1'OB'12" EAST B.59 FEET; THENCE NORTH 45'1130" WEST 65.40 FEET; THENCE NORTH 85'23'00" WEST 35.27 FEET; THENCE SOUTH 24*55*48" WEST 21.31 FEET; THENCE NORTH 87'17'23" WEST 48.09 FEET; THENCE SOUTH 47'23'51" WEST 104.14 FEET; THENCE SOUTH 84-57'19" WEST Z30 FEET; THENCE NORTH 35'2646" WEST 38.33 FEET; THENCE NORTH 25'5B'40" EAST 262.04 FEET; THENCE NORTH 22'27'35" WEST 4.50 FEET; THENCE NORTH 463729" EAST 23.07 FEET; THENCE NORTH 24'21'30" EAST 120.69 FEET; THENCE NORTH 83'2733" EAST I Z 12 FEET; THENCE SOUTH 02'5537" WEST 92.82 FEET, THENCE SOUTH 52'05'49" WEST 37.38 FEET, THENCE SOUTH 25720852" EAST 21.31 FEET; THENCE NORTH 60'23'17" EAST 33.54 FEET; THENCE SOUTH 4829'43" EAST 37.00 FEET, THENCE SOUTH i 3.57'24" WEST 77.40 FEET; THENCE SOUTH 44'05'07" WEST 34.49 FEET; THENCE NORTH 56'3138" WEST 21.74 FEET; THENCE SOUTH 29'01'58" EAST 26.68 FEET; THENCE SOUTH 78'10'37" EAST 18.00 FEET; THENCE NORTH 33'19'31" EAST 9B.7B FEET, THENCE NORTH 00'14'09" EAST 65.86 FEET; THENCE NORTH 89'42'50" EAST 6.00 FEET, TO SAID WESTERLY RIGHT OF WAY AND THE TRUE POINT OF BEGINNING. CONTAINS 43,651 SQUARE FEET OR 1.002 ACRES OF LAND, MORE OR LESS. AS SHOWN ON PAGE 1 OF THIS EXHIBIT "C DATED THIS 3 DAY OF /%D !� 6 - 2000 LAND Lr EXP. 12/31/03 USELTON, L.S. 5347 P. 142IJ1/03 `r'j�, lS 53�►1 OF �A1,1E >C H C i EXHIBIT "D" OPEN SPACEIWETLAND PRESERVATION AND RESTORATION DEED RESTRICTION 12063\0003\633576.1 I RECORDING REQUESTED BY AND RETURN TO: 2 California Coastal Commission 45 Fremont Street, Suite 2000 3 San Francisco, CA 94105-2219 Attn: Legal Division 4 5 OPEN SPACE /WETLAND PRESERVATION AND 6 RESTORATION DEED RESTRICTION 7 8 I. WHEREAS, the City of Huntington Beach Redevelopment Agency, 9 hereinafter referred to as the "Owner," is the record owner of the real property in the City 10 of Huntington Beach, County of Orange, State of California, which is described on 11 Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred 12 to as the "Property"); and 13 II. WHEREAS, Mayer Financial, L.P., is the Developer of the Property 14 and the assignee of all right, title and interest of the Robert L. Mayer Trust in the 15 Property. The Robert Mayer Corporation is, and at various times has been, the agent and I 16 representative of Mayer Financial, L.P., and the Robert L. Mayer Trust. The Robert 17 Mayer Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust are hereinafter 18 collectively referred to as "Mayer." 19 III. WHEREAS, the California Coastal Commission, hereinafter referred 20 to as the "Commission," is acting on behalf of the People of the State of California; and 21 IV. WHEREAS, the subject property is located within the coastal zone 22 as defined in Section 30103 of Division 20 of the California Public Resources Code, 23 hereinafter referred to as the "California Coastal Act of 1976" (the "Act"); and 24 V. WHEREAS, the Property includes an area (the "Degraded Wetland 25 Area") within which there is an existing .696-acre degraded wetland located generally 26 1000 feet inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. 27 The Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 28 RICHARDS, WATSON & GERS HON Attorneys at Law 12063\0003\631622.5 1 1 incorporated herein by this reference and described specifically on Exhibit "C" attached 2 hereto and incorporated herein by this reference. 3 VI. WHEREAS, on April 11, 2000, the Commission approved, with 4 conditions, Coastal Development Permit No. A-5-HNB-99-275, an application filed by 5 the Robert L. Mayer Trust c/o the Robert Mayer Corporation and the Agency to fill the 6 Degraded Wetland Area in conjunction with the implementation of a wetland and riparian 7 woodland habitat restoration project at the Shipley Nature Center in the City of 8 Huntington Beach. 9 VII. WHEREAS, on September 13, 2000, the Commission adopted 10 Revised Findings to support its decision to approve Coastal Development Permit 11 No. A-5-HNB-99-275, finding that the development, as conditioned, is consistent with 12 the certified City of Huntington Beach Local Coastal Program. 13 VIII. WHEREAS, on May 17, 2000, project opponents filed a lawsuit 14 entitled Bolsa Chica Land Trust, et al. v. California Coastal Commission, et al., Orange 15 County Superior Court Case No. OOCCO5991, seeking to set aside the Commission's 16 approval of Coastal Development Permit No. A-5-HNB-99-275. 17 IX. WHEREAS, on September 14, 1998, the City of Huntington Beach 18 City Council granted the separate application of the Robert Mayer Corporation and Mayer 19 Financial, L.P., for Coastal Development Permit CDP 97-15, approving, inter alia, the 20 construction of the Grand Resort Hotel and Conference Center, located generally on the 21 north side of Pacific Coast Highway, west of Beach Boulevard and east of Huntington 22 Street, in the City of Huntington Beach. 23 X. WHEREAS, on September 22, 1998, the Commission acknowledged 24 receipt of the City's written Notice of Action on CDP 97-15, thereby commencing a 10 25 working day appeal period. 26 XI. WHEREAS, on October 7, 1998, the Commission wrote the Robert 27 Mayer Corporation and City, informing them that the 10-day appeal period expired on 28 RICHARDS, WATSON 4 GERSHON Attorneys at Law 12063\0003\631622.5 2 I October 6, 1998, that no appeals were received by the Commission, and that CDP 97-15 2 is therefore final. 3 XII. WHEREAS, pursuant to City of Huntington Beach CDP 97-15, 4 Mayer has undertaken substantial site preparatory work and contends that it has incurred 5 substantial liabilities in preparation for imminent construction of the Grand Coast Resort 6 Hotel and Conference Center. 7 XIII. WHEREAS, on September 12, 2000, the Staff of the Commission 8 issued a written Notice of Suspension to the City, suspending CDP 97-15 pending a 9 further review of the legal adequacy of the City's September 18, 1998 Notice of Action. 10 XIV. WHEREAS, the City, Agency and Mayer contend that said Notice of 11 Action was, and is, legally adequate and not subject to challenge. 12 XV. WHEREAS, on November , 2000, to resolve their disputed 13 matters, the Commission, City of Huntington Beach, Agency, and Mayer entered into a 14 Settlement Agreement, attached hereto as Exhibit "D" and incorporated herein by this 15 reference (hereinafter referred to as the "Settlement Agreement"). 16 XVI. WHEREAS, Paragraph 1 of the Settlement Agreement provides as 17 follows: 18 Recordation of Open Space/Wetland Preservation and Restoration Deed Restriction. The Agency shall execute and record a Deed Restriction over 19 the Degraded Wetland Area which limits, in perpetuity, the uses of the Degraded Wetland area to natural open space for wetland preservation and 20 restoration uses. The Deed Restriction shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens that the 21 Executive Director of the Commission determines may affect the enforceability of the Deed Restriction. The Deed Restriction shall be 22 substantially in the form attached hereto as Exhibit "D," and shall not be removed or changed without a coastal development permit issued by the 23 Commission. The Deed Restriction shall not become effective unless and until the Commission issues the Notice required under Paragraph 2, below, 24 and City of Huntington Beach CDP 97-15 i s, and remains, final and not subject to appeal to the Commission. 25 XVII. WHEREAS, Paragraph 2 of the Settlement Agreement further states 26 as follows: 27 28 HI RICHARDS, WATSON &GERSHON Attorneys at Law 12063\0003\631622.5 3 I Withdrawal of Commission Suspension Notice. Within five (5) days receipt of written proof that the Deed Restriction has been recorded 2 consistent with the terms and conditions of Paragraph 1, above, the Commission, through its Executive Director, shall issue a Notice of 3 Withdrawal of Suspension Notice ("Notice") to the City, with copies to the Agency and the Robert Mayer Corporation, formally withdrawing its 4 September 12, 2000 Notice of Suspension and advising that City of Huntington Beach CDP 97-15 is final and not subject to appeal to the 5 Commission. The Notice shall be substantially in the form attached hereto as Exhibit "E." The Commission shall take no action thereafter 6 inconsistent or in conflict with that Notice. 7 XVIII. WHEREAS, Owner has elected to comply with Paragraph 1 of the 8 Settlement Agreement and to execute this Deed Restriction to enable Owner and Mayer to 9 proceed with the development authorized by City of Huntington Beach CDP 97-15. 10 XIX. WHEREAS, the Parties have entered into the Settlement Agreement 11 without any admission of fault or liability of any kind or of any contention of any of the 12 Parties,but instead to avoid the costs and risks of litigation and to resolve this matter in a 13 manner mutually satisfactory to all of the Parties. 14 NOW, THEREFORE, in consideration of the mutual covenants and 15 agreements set forth in the Settlement Agreement, the Owner hereby irrevocably 16 covenants with the Commission that there be and hereby is created the following 17 restrictions on the use and enjoyment of the Degraded Wetland Area of the Property, to be 18 attached to and become a part of the deed to the Property. 19 1. COVENANT, CONDITION AND RESTRICTION. The 20 undersigned Owner, for itself and for its heirs, assigns and successors in interest, 21 covenants and agrees that: 22 the use of the Degraded Wetland Area as shown on Exhibits B and C, attached hereto and incorporated herein by reference, shall be limited to 23 natural open space for wetlands preservation and restoration uses. No development as defined in Public Resources Code section 30106, attached 24 hereto as Exhibit E and incorporated herein by reference, including but not limited to removal of trees and other major or native vegetation, grading, 25 aving, installation of structures such as signs, buildings, etc. shall occur or Ee allowed on the Degraded Wetland Area with the exception of the 26 following subject to applicable governmental regulatory requirements: 27 (a) the removal of hazardous substances or conditions or diseased plants or trees; 28 RICHARDS, WATSON & GERSHON Attorneys at Law 12063\0003\631622.5 4 1 (b) environmental education uses pursuant to a coastal development permit, if required; and 2 (c) wetland restoration uses pursuant to a coastal development permit, if 3 required. 4 2. DURATION. This Deed Restriction shall not become effective 5 unless and until the Commission issues the Notice required under Paragraph 2 of the 6 Settlement Agreement, and City of Huntington Beach CDP 97-15 is, and remains, final 7 and not subject to appeal to the Commission. Once effective, the Deed Restriction shall 8 remain in full force and effect in perpetuity, unless subsequently removed or changed by a 9 Coastal Development Permit issued by the Commission, and thereby confers benefit upon 10 the Property described herein, and shall bind Owner and all its assigns or successors in 11 interest. 12 3. RIGHT OF ENTRY. The Commission or its agent may enter on to 13 the Degraded Wetland area of the Property from Beach Boulevard at times reasonably 14 acceptable to the Owner to ascertain whether the use restrictions set forth above are being 15 observed. 16 4. REMEDIES. Any act, conveyance, contract, or authorization by the 17 Owner, whether written or oral, which uses or would cause to be used or would permit 18 use of the Property contrary to the terms of this Deed Restriction will be deemed a 19 violation and a breach hereof. The Commission and the Owner may pursue any and all 20 available legal and/or equitable remedies to enforce the terms and conditions of this Deed 21 Restriction. In the event of a breach, any forbearance on the part of either party to 22 enforce the terms and provisions hereof shall not be deemed a waiver of enforcement 23 right regarding any subsequent breach. 24 5. TAXES AND ASSESSMENTS. It is intended that this Deed 25 Restriction is irrevocable and shall constitute an enforceable restriction within the 26 meaning of(a) Article XIII, section 8, of the California Constitution; and (b) section 27 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, 28 this Deed Restriction shall be deemed to constitute a servitude upon and burden to the RICHARDS, WATSON e GERSHON Attorneys at Law 12063\0003\631622.5 5 I property within the meaning of section 3712(d) of the California Revenue and Taxation 2 Code, or successor statute, which survives a sale of tax-deeded property. 3 6. SEVERABILITY. If any provision of these restrictions is held to 4 be invalid, or for any reason becomes unenforceable, no other provision shall be thereby 5 affected or impaired. 6 7 Dated: 92000 8 9 SIGNED: 10 PRINT OR TYPE NAME OF ABOVE 11 12 * * NOTARY ACKNOWLEDGMENT ON THE NEXT PAGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RICHARDS, WATSON a GERSHON Attorneys at Law 12063\0003\631622.5 6 I STATE OF CALIFORNIA COUNTY OF ORANGE 2 3 On before me, , a Notary Public 4 personally appeared , personally known 5 to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose 6 name(s) is/are subscribed to the within instrument and acknowledged to me that 7 he/she/they executed the same in his/her/their authorized capacity(ies), and that by 8 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of 9 which the person(s) acted, executed the instrument. 10 WITNESS my hand and official seal. 11 12 Signature 13 I 14 j 15 16 HI 17 18 19 20 21 22 23 24 25 26 27 28 RICHARDS, WATSON &GERSHON Attorneys at Law 12063\0003\631622.5 7 1 This is to certify that the deed restriction set forth above is hereby 2 acknowledged by the undersigned officer on behalf of the California Coastal Commission 3 pursuant to authority conferred by the California Coastal Commission when it executed 4 the Settlement Agreement attached hereto as Exhibit I'D" and the California Coastal 5 Commission consents to recordation thereof by its duly authorized officer. 6 7 Dated: 8 9 10 California Coastal Commission 11 STATE OF CALIFORNIA 12 COUNTY OF SAN FRANCISCO 13 On before me, , a Notary Public 14 personally appeared , personally known 15 to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose 16 name(s) is/are subscribed to the within instrument and acknowledged to me that 17 he/she/they executed the same in his/her/their authorized capacity(ies), and that by 18 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of 19 which the person(s) acted, executed the instrument. 20 WITNESS my hand and official seal. 21 Signature 22 23 24 25 26 27 28 RICHARDS, WATSON &GERSHON Attorneys at Law 12063\0003\631622.5 8 EXHIBIT "A" [TO OPEN SPACE, ETC., DEED RESTRICTION] THE PROPERTY-LEGAL DESCRIPTION 12063\0003\633576.2 EXHIBIT 'A' the "Property" PAGE 1 OF 3 PAGES P.O.B. BEACH BLVD coo CONSTRUCTION S OO'l7'O1" W ~-� LAVE SEC 14-6-11 1052.24' T.P.O.B. LINE DATA � N0. DIRECTION DISTANCE / L 1 S 60'5759" W 30.03' S 33'03'S3" W (R� / 1 I_ � L2 S 88'4852" W 15.08' L3 N 52'54'04" W 170.18' L4 N 56'44'15" W 126.00' L5 N 51'02'09" W 122.87' L6 N 56'06'20" W 45.02' L7 N 11'30'02" W 20.77' L8 N 3756'06" E 15.58' L9 N 52'03'54" W 34.00' L 10 IS 3756'06" W 16.76' L 11 N 52'03540 W 9.00' G'ti L 12 N 52'03'54" W 9.00' L13 N 3756'06" E 7.28' L 14 N 52'03'54" W 34.00' L 15 IS 3756'06" W 14.96' !16 IS 82'53 34" W 16.47' L LOT T 1 �i iry L 17 N 42'18 11" E 7.52' rr, IJ r� rJ �J f�r L18 N 4741'18" W 38.85' \� L19 N 89'15'39" W 50.00' Aillk/lB 790/4-50 L1 L9 L8 G 00 0 1-0L13 L L14 cc 115 CURVE DATA NLYS11 LINE2 NE L16 NUMBER DELTA RADIUS LENGTH S1/ SEC 14-6-11 Cl 16*41'l0" 94.00' 27.38' C2 21'3554" 1065.00' 401.47' C3 03'50'11" 1135.00' 76.00' L JT \ C4 05'42'06" 1065.00' 105.98' \rpJ \G Trl J J J C5 05'33'16" 1135.00' 110.03' AAA113 7 0 0144-J 0 C6 02'48'13" 1060.00' 51.87' C7 05*54'17" 2452.00' 252.70' R.D.W. DEDICATED PER DOC. Z- z� sp. RECORDED SPT 1, 1995 AS 50' 100' 200' 400' SINS. NO. 95-0364748 O.R. SOT I \ GRAPHIC SCALE EXHIBIT 'A' PAGE 2 OF 3 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THAT LAND SHOWN AS THE DESIGNATED REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 14, PER SAID TRACT NO. 15535; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF NORTH 89'1539" WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT NO. 15535. SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY RIGHT OF WAY SOUTH 00'17'01" WEST 1052.24 FEET TO A POINT ON THE GENERAL NORTHERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER SAID TRACT NO. 15535, THENCE ALONG SAID GENERAL NORTHERLY RIGHT OF WAY, THROUGH THE FOLLOWING COURSES, SOUTH 60*57*59" WEST 30.03 FEET; THENCE SOUTH 88'48'52" WEST 15.08 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 94.00 FEET, THENCE WESTERLY ALONG SAID CURVE 27.38 FEET THROUGH A CENTRAL ANGLE OF 16'41'10" TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET, A LINE RADIAL TO SAID POINT BEARS SOUTH 15'30'02" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 326.48 FEET THROUGH A CENTRAL ANGLE OF 21'3554' THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT OF WAY THROUGH THE FOLLOWING COURSES; THENCE TANGENT TO SAID CURVE NORTH 52'54'04" WEST 170.18 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET; THENCE ALONG SAID CURVE 76.00 FEET THROUGH A CENTRAL ANGLE OF 03'50'11",• THENCE TANGENT TO SAID CURVE NORTH 5644'15" WEST 126.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG SAID CURVE 105.98 FEET THROUGH A CENTRAL ANGLE OF 05'42'06"; THENCE TANGENT TO SAID CURVE NORTH 51'02'09" WEST 122.87 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET; THENCE ALONG SAID CURVE 110.03 FEET THROUGH A CENTRAL ANGLE OF 05'33'16 THENCE TANGENT TO SAID CURVE NORTH 56'06'20" WEST 45.02 FEET; THENCE NORTH 11'30'02" WEST 20.77 FEET; THENCE NORTH 3756'06" EAST 15.58 FEET, THENCE NORTH 52'03'54" WEST 34.00 FEET; THENCE SOUTH 37'56'06" WEST 16.76 FEET; THENCE NORTH 52'03'54" WEST 18.00 FEET. THENCE NORTH 3756'06" EAST 7.28 FEET: THENCE NORTH 52'03'54" WEST 34.00 FEET: THENCE SOUTH 3756'06" WEST 14.96 FEET: THENCE SOUTH 82'53'34" WEST 16.47 FEET; THENCE NORTH 56'0620" WEST 315.97 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1060.00 FEET; THENCE ALONG SAID CURVE 51.87 FEET THROUGH A CENTRAL ANGLE OF 02'48'13" TO A POINT ON THE GENERAL NORTHEASTERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER DOCUMENT RECORDED SEPTEMBER 1, 1995, AS INSTRUMENT NUMBER 95- 0384748, RECORDS OF THE COUNTY OF ORANGE, A LINE RADIAL TO SAID POINT BEARS SOUTH 36'41'53" WEST; THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY PER SAID TRACT NO. 15535 AND CONTINUING ALONG SAID GENERAL NORTHEASTERLY RIGHT OF WAY PER SAID DOCUMENT, THROUGH THE FOLLOWING COURSES; THENCE NORTH 42'18'11" EAST 7.52 FEET. THENCE NORTH 47'41'18" WEST 38.85 FEET TO THE BEGINNING OF A TANGENT EXHIBIT 'A' PAGE 3 OF 3 PAGES CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2452.00 FEET, THENCE ALONG SAID CURVE 252.70 FEET THROUGH A CENTRAL ANGLE OF 05'54'17" TO SAID NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-OUARTER OF SAID SECTION 14; THENCE LEAVING SAID GENERAL NORTHEASTERLY RIGHT OF WAY, ALONG SAID NORTH LINE SOUTH 89'15'39" EAST 1658.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 22.65 +/- ACRES AS SHOWN ON PAGE 1 OF THIS EXHIBIT "A" DATED THIS DAY OF _ _` b 2000 LA S L ��`� EXP. 12/31/03 J SELTON, L.S. 5347 E 12131103 IS 5 ►'k OF CA1�EpQ� EXHIBIT "B" [TO OPEN SPACE,ETC., DEED RESTRICTION] DEGRADED WETLAND AREA-GENERAL CONFIGURATION 12063\0003\633576.2 EXHIBIT "B" DEGRADED WETLAND AREA-GENERAL CONFIGURATION 12063\0003\633576.1 EXH12W FBI PAGE 1 OF f PAGES BEACH BOULEVARD DEGRADED MA AREA 1 existing \ deegraa \ wetian \ \ the 'Property Z! 10 ' GRAPHIC SCALE EXHIBIT "C" [TO OPEN SPACE, ETC.,DEED RESTRICTION] DEGRADED WETLAND AREA-LEGAL DESCRIPTION 12063\0003\633576.2 .X /& 'C' SUNRISE N89'75'3 "ITV PAGE 1 Of 2 PAGES N89'15'39'W 50.00 P.O.B. I LMDATA : I NO DIREC77ON DISTANCE I L 1 S 00'17'10' W 257.55' S0' L2 N 873337' W 14.00' 0 N 01'08'12' E 8.59' 70'. 68' L4 N 45*11'30mW 65.40' icy 138' L5 N 85 23'00' W 35.27' °p L6 S 245548' W 21.31' 00 L7 N 8717'23' W 48.09' I L8 S 4723'51' W 104.14' L9 S 84*57,190 W 7.30' L 10 N 35 2646' W 36.33' 3 Z 01 N 25'58'40' E 262.04 o t° L 12 N 2227'35' W 4.50' ^ I U I L 13 N 46'3729' E 23.07' o I L 14 N 24'21'30' E 120.69' I Z L 15 N 83'27133' E 17.12' rpd Z; v L 15 S 0755'37' W 92.82' I L17 S 52*05*490 W 37.38' L 18 S 25'20'52' E 21.31' Q I L19 N 60-23'170 E 3354' GRAPHIC SCALE L20 S 48'2943' E 37.00' I L21 S 13'5724' W 77.40' I I L22 S 44'05'07' W 34.49' I L23 N 56'31'38' W 21.74' L24 S 29'01'58' E 26.68' L25 S 78'10'37' E 18.00' L26 N 33'19'31' E 98.78' I L27 I N 00'14'19' El 65.86' 1 L28 N 89'42'50' E 6.00' 1I LZ T.P 0.0. v ff f I L?5 I � I I L7 I o �' L EXHIBIT V PAGE 2 OF 2 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNW;BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LOS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS. THOSE PORTIONS OF THAT LAND DESIGNATED AS REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE—HALF OF THE NORTHEAST ONE—QUARTER OF SAID SECTION 14, PER SAID TRACT MAP; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE—HALF, NORTH 89'15'39" WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT MAP; THENCE ALONG SAID WESTERLY RIGHT OF WAY. SOUTH 00'17'01' WEST 681.85 FEET TO THE TRUE POINT OF BEGINNING: THENCE. CONTINUING ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17'10' WEST 257.55 FEET; THENCE. LEAVING SAID WESTERLY RIGHT OF WAY. NORTH 87'33'37` WEST 14.00 FEET; THENCE NORTH 01'08'12' EAST 8.59 FEET. THENCE NORTH 45'11'30' WEST 65.40 FEET; THENCE NORTH 85'23'00' WEST 35.27 FEET; THENCE SOUTH 24'55'48" WEST 21.31 FEET. THENCE NORTH 87*17'23' WEST 48.09 FEET, THENCE SOUTH 47-23'51' WEST 104.14 FEET; THENCE SOUTH 84'57'19' WEST Z30 FEET; THENCE NORTH 35 26'46' 'MEST 36.33 FEET; THENCE NORTH 25'58'40' EAST 262.04 FEET. THENCE NORTH 22'2735' WEST 4.50 FEET; THENCE NORTH 4637'29' EAST 23.07 FEET;• THENCE NORTH 24'21'30' EAST 120.69 FEET; THENCE NORTH 83'2733' EAST 17.12 FEET; THENCE SOUTH 02'5537' WEST 92.82 FEET; THENCE SOUTH 52'05'49" WEST 37.38 FEET; THENCE SOUTH 25'20'52' EAST 21.31 FEET; THENCE NORTH 60'23'17' EAST 33.54 FEET. THENCE SOUTH 4829'43' EAST 37.00 FEET, THENCE SOUTH 13'5724' WEST 77.40 FEET; THENCE SOUTH 44'05'07' WEST 34.49 FEET; THENCE NORTH 56'31'38' WEST 21.74 FEET. THENCE SOUTH 29'01'58' EAST 26.68 FEET. THENCE SOUTH 78'10'37' EAST 18.00 FEET; THENCE NORTH 33'19'31' EAST 98.78 FEET; THENCE NORTH 00'14'09' EAST 65.86 FEET, THENCE NORTH 89'4250' EAST 6.00 FEET; TO SAID WESTERLY RIGHT OF WAY AND THE TRUE POINT OF BEGINNING. CONTAINS 43,651 SQUARE FEET OR 1.002 ACRES OF LAND, MORE OR LESS. AS SHOWN ON PAGE 1 OF THIS EXHIBIT "Co. DATED THIS 3 LAY OF �D �'�'� �`�'�- 2000 WD L �� DtP. 12/31/03 USELTl71V, L.S. 5347 P. 12 331103 `frj�, IS 53�� O��►`�' OF CA I i EXHIBIT "D" [TO OPEN SPACE,ETC., DEED RESTRICTION] SETTLEMENT AGREEMENT 12063\0003\633576.2 I SETTLEMENT AGREEMENT 2 3 This Settlement Agreement ("Agreement") is entered into by and between 4 the California Coastal Commission ("Commission"), the City of Huntington Beach 5 ("City), the Huntington Beach Redevelopment Agency ("Agency"), and the Robert Mayer 6 Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust(collectively, "Mayer"). 7 The Commission, City, Agency and Mayer are sometimes collectively referred to in this 8 Agreement as "the Parties." 9 RECITALS 10 WHEREAS, the Agency is the owner in fee simple of certain real property 11 in the City of Huntington Beach, County of Orange, State of California, which is 12 described on Exhibit "A" attached hereto and incorporated herein by this reference (the 13 "Property"). 14 WHEREAS, Mayer Financial, L.P., is the Developer of the Property and the 15 assignee of all right, title and interest of the Robert L. Mayer Trust in the Property. The 16 Robert Mayer Corporation is, and at various times has been, the agent and representative 17 of.Mayer Financial, L.P., and the Robert L. Mayer Trust. 18 WHEREAS, the Property includes an area (the "Degraded Wetland Area") 19 within which there is an existing .696-acre degraded wetland located generally 1000 feet 20 inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. The 21 Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 22 incorporated herein by this reference and described specifically on Exhibit "C" attached 23 hereto and incorporated herein by this reference. 24 WHEREAS, on April 11, 2000, the Commission approved, with conditions, 25 Coastal Development Permit No. A-5-HNB-99-275, an application filed by the Robert L. 26 Mayer Trust and the Agency to fill the Degraded Wetland Area in conjunction with the 27 implementation of a wetland and riparian woodland habitat restoration project at the 28 Shipley Nature Center in the City of Huntington Beach. RICHAR OS, WATSON &GERSHON Attorneys at Law 12063\0003\631622.4 1 I WHEREAS, on September 13,2000, the Commission adopted Revised 2 Findings to support its decision to approve Coastal Development Permit No. A-5-HNB- 3 99-275, finding that the development, as conditioned, is consistent with the certified City 4 of Huntington Beach Local Coastal Program. 5 WHEREAS, on May 17, 2000, project opponents filed a lawsuit entitled 6 Bolsa Chica Land Trust et al. v. California Coastal Commission et al., Orange County 7 Superior Court Case No. OOCCO5991, seeking to set aside the Commission's approval of 8 Coastal Development Permit No. A-5-HNB-99-275. 9 WHEREAS, on September 14, 1998, the City of Huntington Beach City 10 Council granted the separate application of the Robert Mayer Corporation and Mayer 11 Financial, L.P., for Coastal Development Permit CDP 97-15, approving, inter alia, the 12 construction of the Grand Coast Resort Hotel and Conference Center, located generally 13 on the north side of Pacific Coast Highway, west of Beach Boulevard and east of 14 Huntington Street, in the City of Huntington Beach. 15 WHEREAS, on September 22, 1998, the Commission acknowledged 16 receipt of the City's written Notice of Action on CDP 97-15, thereby commencing a 10 17 working day appeal period. 18 WHEREAS, on October 7, 1998, the Commission wrote the Robert Mayer 19 Corporation and City, informing them that the 10-day appeal period expired on October 6, 20 1998, that no appeals were received by the Commission, and that CDP 97-15 is therefore 21 final. 22 WHEREAS, pursuant to City of Huntington Beach CDP 97-15, Mayer has 23 undertaken substantial site preparatory work and contends that it has incurred substantial 24 liabilities in preparation for imminent construction of the Grand Coast Resort Hotel and 25 Conference Center. 26 WHEREAS, on September 12, 2000, the Staff of the Commission issued a 27 written Notice of Suspension to the City, suspending CDP 97-15 pending a further review 28 of the legal adequacy of the City's September 18, 1998 Notice of Action. The City, RICHARDS, WATSON & GERSHON Attorneys at Law 12063\0003\631622.4 2 I Agency and Mayer contend that said Notice of Action was, and is, legally adequate and 2 no longer subject to challenge. 3 WHEREAS, the Parties have since conducted a thorough review of the 4 disputed matters, and have agreed to a full, final and complete settlement on the terms 5 and conditions set forth herein. 6 WHEREAS, this Agreement is entered into by the Commission, City, 7 Agency and Mayer, and each of them, without any admission of fault or liability of any 8 kind or of any contention of any of the Parties, but instead to avoid the costs and risks of 9 litigation and to resolve this matter in a matter mutually satisfactory to all of the Parties. 10 11 AGREEMENT 12 NOW, THEREFORE, in consideration of the mutual covenants and 13 promises contained herein, the Commission, City, Agency and Mayer agree to settle the 14 disputed matters upon the following terms and conditions: 15 1. Recordation of Open Space/Wetland Preservation and Restoration 16 Deed Restriction. The Agency shall execute and record a Deed Restriction over the 17 Degraded Wetland Area which limits, in perpetuity, the uses of the Degraded Wetland 18 area to natural open space for wetland preservation and restoration uses. The Deed 19 Restriction shall run with the land,binding all successors and assigns, and shall be 20 recorded free of prior liens that the Executive Director of the Commission determines 21 may affect the enforceability of the Deed Restriction. The Deed Restriction shall be 22 substantially in the form attached hereto as Exhibit "D," and shall not be removed or 23 changed without a coastal development permit issued by the Commission. The Deed 24 Restriction shall not become effective unless and until the Commission issues the Notice 25 required under Paragraph 2, below, and City of Huntington Beach CDP 97-15 is, and 26 remains, final and not subject to appeal to the Commission. 27 2. Withdrawal of Commission Suspension Notice. Within five (5) days 28 receipt of written proof that the Deed Restriction has been recorded consistent with the RICHAR OS, WATSON &GERSHON Attorneys at Law 12063\00031631622.4 3 I terms and conditions of Paragraph 1, above, the Commission, through its Executive 2 Director, shall issue a Notice of Withdrawal of Suspension Notice ("Notice") to the City, 3 with copies to the Agency and the Robert Mayer Corporation, formally withdrawing its 4 September 12, 2000 Notice of Suspension and advising that City of Huntington Beach 5 CDP 97-15 is final and not subject to appeal to the Commission. The Notice shall be 6 substantially in the form attached hereto as Exhibit "E." The Commission shall take no 7 action thereafter inconsistent or in conflict with that Notice. 8 3. Abandonment of Permit Approval. The Agency and Mayer agree to 9 abandon the Commission's approval of Coastal Development Permit A-5-HNB-99-275, 10 effective upon issuance by the Commission of the Notice required under Paragraph 2, 11 above; provided, however, that the Commission's approval of Coastal Development 12 Permit A-5-HNB-99-275 shall remain in full force and effect unless and until the 13 Commission issues the Notice required under Paragraph 2, above, and City of Huntington 14 Beach CDP 97-15 is, and remains, final and not subject to appeal to the Commission. 15 The Agency and Mayer shall confirm this abandonment of permit approval to the 16 Commission in writing within ten (10) days' receipt of the Notice. 17 4. No Restoration Obligation. When the Agency and Mayer abandon 18 the Commission's approval of Coastal Development Permit A-5-HNB-99-275, said 19 Coastal Development Permit shall be of no force and effect, including but not limited to 20 any obligation by Mayer to undertake the wetland and riparian woodland habitat 21 restoration project at the Shipley Nature Center. Neither the Agency nor Mayer is under 22 any obligation to restore the Degraded Wetlands Area. 23 5. Future Conveyance of Degraded Wetland Area. The Agency may at 24 any time convey the Degraded Wetland Area, separate and apart from balance of the 25 Property, to the City or any other public agency for wetland restoration and other 26 purposes subject to and consistent with the Deed Restriction. 27 H/ 28 HI RICHAR OS, WATSON & GERSHON Attorneys at Law 12063\0003\631622.4 4 1 6. Obligation to Remove Trash and Debris from Degraded Wetland 2 Area. The Agency and its successors and assigns shall maintain the Degraded Wetland 3 Area free of trash and debris. 4 7. Duty to Cooperate. The parties agree to cooperate in effectuating 5 the terms and conditions of this Agreement. 6 8. Bindin Effect. This Agreement shall inure to the benefit of and 7 shall be binding upon the heirs, successors, assigns, representatives, and beneficiaries of 8 the parties. 9 9. No Admission of Liability or Wrongdoing. This Agreement is solely 10 for the purpose of compromising doubtful and disputed claims and avoiding litigation. 11 The Agreement shall not be construed as an admission of liability or wrongdoing of any 12 party or of any contention of any party. 13 10. Paragraph Headings. The paragraph headings contained herein are 14 for descriptive purposes only and are not intended to convey or change the meaning of 15 any provision hereof. 16 11. Interpretation. This Agreement shall be construed in accordance 17 with the laws of the State of California. 18 12. Legal Advice. Each party has received independent legal advice 19 from its attorneys with respect to the advisability of executing this Agreement and the 20 meaning of the provisions hereof. The provisions of this Agreement shall be construed as 21 to the fair meaning and not for or against any party based upon any attribution of such 22 party as the sole source of the language in question, it being expressly understood that the 23 parties hereto participated equally or had equal opportunity to participate in the drafting 24 thereof. 25 13. Execution in Counterparts. This Agreement may be executed in 26 counterparts, and when each party has signed and delivered at least one such counterpart, 27 each counterpart shall be deemed an original and, when taken together with the other 28 counterparts, shall constitute the Settlement Agreement. RICHARDS, WATSON &GERSHON Attorneys at Law 12063\0003\631622.4 5 1 IN WITNESS WHEREOF, the parties hereto have each approved and 2 executed this Settlement Agreement on the date set forth below. 3 4 DATED: CALIFORNIA COASTAL COMMISSION 5 By: 6 Its: 7 8 DATED: CITY OF HUNTINGTON BEACH 9 By: 10 Its: 11 12 DATED: CITY OF HUNTINGTON BEACH 13 REDEVELOPMENT AGENCY 14 By: 15 Its: 16 DATED: ROBERT MAYER CORPORATION 17 By: 18 Its: 19 20 DATED: MAYER FINANCIAL, L.P. 21 By: 22 Its: 23 DATED: ROBERT MAYER TRUST 24 By: 25 Its: 26 27 28 [Signatures Cont'd Next Page] R(CHARDS, WATSON aGERSHON Attorneys at Law 12063\0003\631622.4 6 I APPROVED AS TO FORM AND CONTENT: 2 RALPH FAUST, JR., CHIEF COUNSEL 3 4 By: 5 Ralph Faust, Jr., Esq. Chief Counsel for 6 CALIFORNIA COASTAL COMMISSION 7 8 GAIL HUTTON, CITY ATTORNEY PAUL D. D'ALESSANDRO, DEPUTY CITY ATTORNEY 9 10 By: 11 Paul D. D'Alessandro Attorneys for CITY OF HUNTINGTON BEACH and 12 CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY 13 14 RICHARDS, WATSON & GERSHON 15 16 By: Steven H. Kaufmann 17 Attorneys for ROBERT MAYER CORPORATION, MAYER FINANCIAL, L.P. and ROBERT L. MAYER TRUST 18 19 20 21 22 23 24 25 26 27 28 RICHARDS, WATSON &GERSHON Attorneys at Law 12063\0003\631622.4 7 EXHIBITS A-E TO SETTLEMENT AGREEMENT OMITTED AND NOT REPEATED HERE 12063\0003\633576.1 i EXHIBIT "E" [TO OPEN SPACE, ETC., DEED RESTRICTION] CAL. PUBLIC RESOURCES CODE SECTION 30106 12063\0003\633576.2 § 30106. Development "Development" means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal or any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or altera- tion of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. (Added by Stats.1976, c. 1330, § 1.) b� EXHIBIT "E" NOTICE OF WITHDRAWAL OF SUSPENSION NOTICE 12063\0003\633576.1 Date Mr. Howard Zelefsky Community Development Director City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Mr. Steven Bone The Robert Mayer Corporation 660 Newport Center Drive, Suite 1050 Newport Beach, CA 92658-8680 Re: City of Huntington Beach CDP 97-15 Coastal Commission No. 5-HNB-98-203 Dear Gentlemen: This is to inform you that the suspension notice, issued by letter dated September 12, 2000, from Deborah N. Lee to Howard Zelefsky, is hereby formally withdrawn. Pursuant to the Settlement Agreement entered into by and between the Commission, the City of Huntington Beach, the Huntington Beach Redevelopment Agency and the Mayer-related entities on November_, 2000, the Commission has determined that City of Huntington Beach Development Permit No. CDP 97-15 (5-HNB-98-203) is final and no longer subject to appeal to the Commission. Sincerely, PETER M. DOUGLAS Executive Director 12063\0003\632792.1 Recorded in Official Records,County of Orange Ga L. Granville, Clerk-Recorder � � IIIIIIIIIIIIIiIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIullill NO FEE RECORDING REQUESTED BY 20000689469 04:30pm 12/19/00 AND WHEN RECORDED MAIL TO: 121 15 S 13 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CALIFORNIA COASTAL COMMISSION 45 Fremont Street, Suite 2000 San Francisco, California94105-2219 CONFORMED COPY Attention: Legal Division (Space Above For Recorder's Use Only) SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT is entered into as of this day of November, 2000, by THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a Public Agency ("Redevelopment Agency"), THE CITY OF HUNTINGTON BEACH, a charter city ("City"), THE WATERFRONT HOTEL, LLC, a California limited liability company ("Waterfront"), Robert L. Mayer, as trustee of the ROBERT L. MAYER TRUST OF 1982, dated June 2, 1982 ("Mayer Trust"), and MAYER FINANCIAL, LTD., a California limited partnership ("Mayer Financial') (the Redevelopment Agency, the City, Waterfront, the Mayer Trust, and Mayer Financial may hereinafter be referred to collectively as the"Subordinating Parties"),with reference to the following facts: A. The Redevelopment Agency is the current fee owner of that certain real property located in the City of Huntington Beach, County of Orange, State of California, as more particularly described on Exhibit "A", attached hereto and incorporated herein by reference (the "Property"), a portion of which Property includes an area commonly referred to as the"Degraded Wetland Area", as more particularly described on Exhibit "B", attached hereto and incorporated herein by reference. B. On or about April 28, 1989, the Redevelopment Agency and the Mayer Trust, predecessor in interest by assignment to Mayer Financial, executed that certain unrecorded Lease (the "Lease"), as evidenced by that certain Memorandum of Lease, recorded on April 28, 1989, in the official records of the County of Orange, State of California ("Official Records") as Instrument No. 89-225547 (the "Memorandum of Lease"), whereby the Redevelopment Agency leased to the Mayer Trust and the Mayer Trust leased from the Redevelopment Agency that certain real property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Lease. The real property encumbered by the Lease may or may not affect the Degraded Wetland Area. C. On -r about September 21, 1998, the City, Mayer Financial, and Waterfront executed that certain Amended and Restated Development Agreement ("Development Agreement"), recorded on October 21, 1998, in the Official Records as Instrument No. 19980711512, and re-recorded in the Official Records on December 7, 1998, as Instrument No. 19980838602,which Development Agreement encumbers the Degraded Wetland Area and other real property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the Development Agreement. I bl5/00740-0003 THIS INSTRUMENT FILED FOR RECORD BY 134050.02 ut In2/00 FIRST AMERICAN TITLE INSURANCE COMPANY AS AN ACCOMMODATION ONLY. IT HAS NOT BEEN EXAMINED AS TO ITS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE D. On or about September 14, 1998, the Redevelopment Agency and Mayer Financial executed that certain Amended and Restated Disposition and Development Agreement (the "DDA"), which DDA concerns the Degraded Wetland Area and other real property located in the City of Huntington Beach, County of Orange, State of California more particularly described in the DDA. E. Concurrently herewith, Robert Mayer Corporation, Mayer Financial L.P., and Robert L. Mayer (collectively, "Mayer"), the Redevelopment Agency, the City, and the California Coastal Commission (the "Commission") are entering into that certain Settlement Agreement ("Settlement Agreement"), pursuant to which the Redevelopment Agency has executed in favor of the Commission that certain Open Space/Wetland Preservation and Restoration Deed Restriction dated of even date herewith (the "Restriction"), recorded on � �Mr3E2 1�1, 2000 in the Official Records as Instrument No. The Restriction, among other things, limits the uses of the Degraded Wetland Area to natural open space for wetland preservation and restoration uses. F. As a condition of the Settlement Agreement, the Commission is requiring that the Restriction be recorded free of prior encumbrances that the Executive Director of the Commission determines may affect the enforceability of the Restriction. Accordingly, each of the Subordinating Parties desires to subordinate, as applicable, the Lease, the Development Agreement, and the DDA, as they may relate to the Degraded Wetland Area, to.the Restriction, upon the terms set forth herein. NOW THEREFORE, in consideration of the foregoing facts and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Subordinating Parties hereby agree as follows: 1. Subordination. Each of the Subordinating Parties hereby consents to the recordation of the Restriction as an encumbrance against the Degraded Wetland Area and hereby subordinate the encumbrance of, as applicable, the Lease, the Development Agreement, and the DDA, to the extent that each of the foregoing documents may affect the Degraded Wetland Area, to the encumbrance of the Restriction. With respect to the Degraded Wetland Area, to the extent that the terms and provisions of the Restriction conflict with the terms and provisions of the Lease, the Development Agreement, and/or the DDA, the terms and provisions of the Restriction shall contrpl; provided, however, except for the foregoing, no provision set forth herein shall be interpreted so as to impair the validity and/or the continued enforceability of the Lease, the Development Agreement, and/or the DDA. 2. Counterparts. This Subordination Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. SIGNATURES FOLLOW.] 615/019740-M3 134050.02 al 1/13/00 -2- IN WITNESS WHEREOF, this Subordination Agreement has been executed as of the day and year first above written. APPROVED AS TO FORM SUBORDINATING PARTIES: AND CONTENT: GAIL HUTTON, CITY ATTORNEY THE REDEVELOPMENT AGENCY PAUL D. D'ALESSANDRO, DEPUTY OF THE CITY OF HUNTINGTON CITY ATTORNEY BEACH, a Public Agency By: y: Paul D. D'Alessandro, Attorn s for the �, Name: City and the Redevelopment Agency 11-4 0 o Title: CALIFORNIA COASTAL COMMISSION THE CITY OF HUNTINGTON BEACH,-.a charter city N,;;//� d�:11111 L111111111111111111111111-1 Name: CP,:, ,1;�lur r �'W -11111111111111111111111111111111 Title:;,� ',44 ,r,, f i Gt ArE<I JOHN BOWERS, STAFF COUNSEL RALP44 FAU8T, JR., CHIEF !'l1UNSE1< THE WATERFRONT HOTEL,LLC, a California limited liability company By: By: s--�--2 John Bowers, for Name: Q �E- �.• t Staff Counsel the CALIFORNIA COASTAL Title:-'? ��: e�.. •�--- •--t- u�.�.,_S e COMMISSION Robert L. Mayer, as trustKJf the ROBERT L. MAYER TRUST OF 1982, dated June 2, 1982 MAYER FINANCIAL, LTD., a California limited partnership By: 7 Name: son L... AVk'�2 Title: r�j trF ('���,tt�,��' i=1c 6151019740-0003 134050.02 a11/13/00 —3— STATE OF CALIFORNIA ) ss. COUNTY OF vv CY On G� 000, bef e rVe, Notary Public, personally appeared `\ personally known to me to be the person hose nampKis/afe-subscribed to the within instrument and acknowledged to me that e executed the same ikg� authorized capacitykiesj;and that 'r signature(Wbn the instrument the person s}-6r the entity upon behalf of which e personas)-- acted, executed the instrument. Witness my hand and official seal. _ 2& Notary Public 3HELA A.ROGEK O�r+b�on•1�Ii [SEAL] COW* STATE OF CALIFORNIA ) ss. COUNTY OF 0 On "O, befo mei � Notary Public, personally appeared i personally known to me on th be the persons}-w)zose names is/tee-s��iscribed to the within instrument and acknowledged to me that e/ 1}e�key-executed the same i is authorized capacity�r, and that b his signature�s`f on the instrument the person the entity upon behalf of which the person,�sa— acted, executed the instrument. Witness my hand and official seal. CIS&'Q A Notary Public SMSLA A. ROG�S [SEAL] _ C ,1�12AWS orange MV Comm.Bow jwMM4 615/019740-0003 134050.02 a11113/00 —4— STATE OF CALIFORNIA ) ss. COUNTY OF a On 1 ,�G 0 , be ore me, �`� ; Notary Public, personally appeared , proved t me on the basis of satisfactory evidence) to be the person iTose nam is sub 'bed to the within instrument and acknowledged to me that e executed the same ' i it authorized capacity4ies),"and that it signatures)-an the instrument the person(s)-or the entity upon behalf of which the person,(s-)- acted, executed the instrument. Witness my hand and official seal. a Notary Public SHMA JL tiOO= CM N1 Mdon0124M [SEAL] Moldy rubt-OOM=ft Qrarw Coin MyComm.e�ires.Dort7,�01 STATE OF CALIFORNIA ) ss. COUNTY OF &rZPr<,o L_ ) l On No.,V b 2000, befp°�re me,a�,�yg t+ �. . !1ei2,� Notary Public, personally appeared �' L, R personally known to me (or proved to me on the basis of satisfactory evidence) to be the persono whose name(A is/aye-,A�ibed to the within instrument and acknowledged to me that he/s -@y executed the same in his/hc;4 eir authorized capacityW, and that by his/hen4he}r- signature(') on the instrument the person() or the entity upon behalf of which the person() acted, executed the instrument. WjtDes5 my hand and official seal. oEBORM S MUBt #i 131023 No � >_ Notary Public Nx2 toot [SEAL] 615/019740-0003 _5_ 134050.02 a11113/00 STATE OF CALIFORNIA ) Ss. COUNTY OF 0 ) On o vn Dq.�1 2000, before me, �, }t� S .J�7,�I��' , Notary Public, personally appeared ':Ro Af j?—T L, k nagP personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose nameV) is/ar-@ subscribed to the within instrument and acknowledged to me that he/sl rey executed the same in his/ber./thei• authorized capacity(-iee), and that by hisAw44hei� signatureo on the instrument the person( or the entity upon behalf of which the person() acted, executed the instrument. Witness m hand and official seal. DBORAH S.MULM01 j_ Commtsst x)#1131= -: Notary Pubk—Cattfornla Notary Public Orange County My Corrm.Explres Apr 22 2001 [SEAL] STATE OF CALIFORNIA ) ss. COUNTY OF SANK-� On 1 24 /5 00 2000, before me, il L• bol1kr' , Notary Public, personally appeared �`r0 f+0 6 O W r,2S personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. //AL DEBORAH L. BOYE .o Not Public COMM. #1239052 �y U • �► ~� NOTARY PUBLIC-CALIFORNIA o a SAN FRANCISCO COUNTY My Comm. Expires Oct. 21, 2003 [SEAL] 6151019740-0003 1 34050.02 a11/13/00 -6- EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY [SEE ATTACHED] EXHIBIT "A" TO SUBORDINATION 615/019740-0003 134050.02 al1/13/00 AGREEMENT EXHIBIT 'A' the "Property" PAGE 1 OF 3 PAGES P.O.B. BEACH B-VD `CONSTRUCTION Orl S 00'17'01" W �` EAST LINE SEC 14-6--11 1052.24' 7.P.0.8. UNE DATA NO. DIRECTION DISTANCE / �uj L 1 S 60'5759" W 30.03' S 33'03'S3" z CA L2 S 88'48'52" W 15.08' can L3 N 52'54'04" W 170.18' L4 N 56'44'15" W 126.00' L5 N 51'02'09 0 W 122.87' / L6 N 56'0620" W 45.02' L7 N 11'30'02" W 20.77' L8 N 37'56'06" E 15.58' 9 L9 N 52'03'54" W 34.00' L 10 S 32"56'06" W 16.76' Bp L l l N 52'03'54" W 9.00' G'S L 12 N 52'03'54" W 9.00' Ln L 13 N 3756'06" E 7.28' L 14 N 52'03'54" W 34.00' L 15 S 3756'06" W 14.96' L 16 S 82'53 34" W ]6.47' G� / J r 1 L17 N 42'18 11" E 7.52' (�j �JJJJ I L 18 IN 4741'18" W 38.85' L 19 N 89'15'39" W 50.00' 1,i11`/18 l i!:01 r'r-'J J L9 L8 Gh L 10 t� L13 L 7 L14 �� L 15 CURVE DATA i S1 LINE L16 12 NE NUMBER DELTA RADIUS LENGTH S1 SEC 14-6-11 C] 16*41'10" 94.00' 27.38'- S C2 21'3554" 1065.00' 401.47' C3 03'50'11" 1135.00' '76.00' !,J r 2 \ C4 05'42'06" 1065.00' 105.98' 1 J 51 J C5 05'33 16 0 1135.00' 110.03' 1W1k/13 7J0/441 J0 C6 02'48'13" 1060.00' 51.87' C7 05'54'17" 2452,00' 252.70' C14 R.O.W. DEDICATED PER DOC. z� moo, RECORDED SPT. 1. 1995 AS 50' zoo, 200, 400' N / SINS. NO. 95-0364748 O.R. moo• �;J I �,1 ,f ,\ GRAPHIC SCAL E 1�/�1�/13 G 2a/ 1 / EXHIBIT 'A' PAGE 2 OF 3 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY'OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST. OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, .PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THAT LAND SHOWN AS THE DESIGNATED REMAINDER ON MAP THEREOF OF TRACT NO, 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 14, PER SAID TRACT NO. 15535; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF NORTH 89'15'39" WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT NO. 15535. SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG S41D WESTERLY RIGHT OF WAY SOUTH 00'17'01" WEST 1052.24 FEET TO A POINT ON THE GENERAL NORTHERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER SAID TRACT NO. 15535; THENCE ALONG SAID GENERAL NORTHERLY RIGHT OF WAY, THROUGH THE FOLLOWING COURSES, SOUTH 60'5759" WEST 30.03 FEET, THENCE SOUTH 68148'52" WEST 15.06 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 94.00 FEET, THENCE WESTERLY ALONG SAID CURVE 27.38 FEET THROUGH A CENTRAL ANGLE OF 16'41'10" TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET, A LINE RADIAL TO SAID POINT BEARS SOUTH 15'30'02" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 326.48 FEET THROUGH A CENTRAL ANGLE OF 21'35'54 THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT OF WAY THROUGH THE FOLLOWING COURSES, THENCE TANGENT TO SAID CURVE NORTH 52'54'04" WEST 170.18 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING _A RADIUS OF 1135.00 FEET; THENCE ALONG SAID CURVE 76.00 FEET THROUGH A CENTRAL ANGLE OF 03'50'l l",• THENCE TANGENT TO SAID CURVE NORTH 56'44'15" WEST 126.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET, THENCE ALONG SAID CURVE 105.98 FEET THROUGH A CENTRAL ANGLE OF 05'42'06"; THENCE TANGENT TO SAID CURVE NORTH 51'02'09" WEST 122.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET; THENCE ALONG SAID CURVE 110.03 FEET THROUGH A CENTRAL ANGLE OF 05'33'16 THENCE TANGENT TO SAID CURVE NORTH 56'06'20" WEST 45.02 FEET, THENCE NORTH 11*30'02" WEST 20.77 FEET; THENCE NORTH 3756'06" EAST 15.58 FEET; THENCE NORTH 52'03'54" WEST 34.00 FEET, THENCE SOUTH 3756'06" WEST 16.76 FEET; THENCE NORTH 52'03'54" WEST 18.00 FEET; THENCE NORTH 3756'06" EAST 7.28 FEET: THENCE NORTH 52'03'54" WEST 34.00 FEET.• THENCE SOUTH 3756'06" WEST 14.96 FEET: THENCE SOUTH 82'53'34" WEST 16.47 FEET; THENCE NORTH 56'06'20" WEST 315.97 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1060.00 FEET; THENCE ALONG SAID CURVE 51.87 FEET THROUGH A CENTRAL ANGLE OF 02'48'13" TO A POINT ON THE GENERAL NORTHEASTERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER DOCUMENT RECORDED SEPTEMBER 1, 1995, AS INSTRUMENT NUMBER 95- 0384748, RECORDS OF THE COUNTY OF ORANGE, A LINE RADIAL TO SAID POINT BEARS SOUTH 36'41'53" WEST; THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY PER SAID TRACT NO. 15535 AND CONTINUING ALONG SAID GENERAL NORTHEASTERLY RIGHT OF WAY PER SAID DOCUMENT, THROUGH THE FOLLOWING COURSES; THENCE NORTH 42'18'11" EAST 7.52 FEET: THENCE NORTH 4741'18' WEST 38.85 FEET TO THE BEGINNING OF A TANGENT EXHIBIT 'A' PAGE 3 OF 3 PAGES CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2452.00 FEET; THENCE ALONG SAID CURVE 252.70 FEET THROUGH A CENTRAL ANGLE OF 05'54'17" TO SAID NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14; THENCE LEAVING SAID GENERAL NORTHEASTERLY RIGHT OF WAY, ALONG SAID NORTH LINE SOUTH 89'15'39" EAST 1658.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 22.65 +/- ACRES AS SHOWN ON PAGE 1 OF THIS EXHIBIT "A". DATED THIS �3 DAY OF _n b CAL. , 2000 p LAND SU � y EXP. 12/31/03 J SELTON, L.S. 5347 E . 1213110J Jr is 53A� 9jf. 0r EXHIBIT "B" LEGAL DESCRIPTION AND DEPICTION OF THE DEGRADED WETLAND AREA [SEE ATTACHED] EXHIBIT `B" TO SUBORDINATION 615/019740-0003 134050.02 a11113100 AGREEMENT EXHIBIT PAGE 1 OF 3 PAGES BEACH BOULEVARD r'^ -77 DEGRADED \ / WET�t 1 existing \ / degraded \ wetland --""manZ-W 100' ' GRAPHIC SCALE EXHIBIT '6.f - SUNRISE DRIlf. N89'15'3 'ITV PAGE 2 OF 3 PAGES N89't 5' '39 W 50.00 P.O.B. I I. LINE DATA I I NO. DIRECTION DISTANCE L1 S 00'17'10' W 257.55' 50' I L2 N 87'33'37' W 14.00' L3 N 01'08'12' E 8.59' 70'. 68' L4 N 45'11'3OV 65.40' in 138' L5 N 85'23'DO' W 35.27' °p A L6 S 2455'48' W 21.31' CO. co L7 N 8717'23' W 48.09' I L8 S 4723'51' W 104.14' i L9 S 84'57'19' W 7.30' tW L 10 N 352646' W 36.33' 3 Z L 11 N 25'58404 E 262.04 v �O L12 N 22-27#35" W 4.50' ^ I L 13 N 46*37.29' E 23.07' L 14 N 24'21'30' E 120.69' (n y z L 15 N 83*27'330 E 17.12' Z : U L 16 S 02'5537' W 92.82' ( I L 17 S 52'0549' W 37.38' P5' 50' 100' 200' ►— L18 S 25'20'52* £ 21.31' ¢ I L 19 N 60 23'17* E 33.54' GRAPHIC SCALE L20 S 48'29'43' E 37.00' : I L21 S 13'57244 W 77.40' ^ I I L22 S 44'05'07' W 34.49' I L23 N 56'31'38" W 21.74' L24 S 29'01'58' E 26.S8' L� L25 S 78'10'37' E 18.DO' V L26 N 33'1931-E . 98.78' to W 1 I L27 N 00'14'19' El 65.86' L28 N 89'42'50" E 6.00' L2 T.P.O.IB. 1 CC v Les I � j I L7 1 L3 L ' I EXHIBIT ''bill PAGE 3 OF 3 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUN77NGTON BEACH, COUNTY OF ORANGE, STATE OF' CALIFORNIA;BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LOS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14, RECORDS OF THE COUNTY OF ORANGE MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THAT LAND DESIGNATED AS REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH OIyE--HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14, PER SAID TRACT MAP, THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF, NORTH 89'15'39" WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT MAP; THENCE ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17'01" WEST 681.85 FEET TO THE TRUE POINT OF BEGINNING: THENCE, CONTINUING ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17'10" WEST 257.55 FEET, THENCE, LEAVING SAID WESTERLY RIGHT OF WAY, NORTH 8733'37"'WEST 14.00 FEET; THENCE NORTH 01'08'12" EAST B.59 FEET; THENCE NORTH 45'11'30" WEST 65.40 FEET; THENCE NORTH 8523'00" WEST 35.27 FEET; THENCE SOUTH 24'55'48" WEST 21.31 FEET; THENCE NORTH 8717'23" WEST 48.09 FEET, .THENCE SOUTH 472351" WEST 104.14 FEET; THENCE SOUTH 84'57'19" WEST Z30 FEET; THE. ..:E NORTH 35'26'46" WEST 36.33 FEET; THENCE NORTH 25'58'40" EAST 262.04 FEET; THENCE NORTH 22'2735" WEST 4.50 FEET; THENCE NORTH 46'37'29" EAST 23.07 FEET; THENCE NORTH 24'21'30" EAST 120.69 FEET.- THENCE NORTH 83'27'33" EAST 1 Z 12 FEET, THENCE SOUTH 02'5537" WEST 92.82 FEET, THENCE SOUTH 52'05'49" WEST 37.38 FEET; THENCE SOUTH 25'20'52" EAST 21.31 FEET, THENCE NORTH 60'23'17" EAST 33.54 FEET; THENCE SOUTH 4B'29'43" EAST 37.00 FEET; THENCE SOUTH 13'57'24" WEST 77.40 FEET, THENCE SOUTH 44'05'07' WEST 34.49 FEET; THENCE NORTH 56'31'38' WEST 21.74 FEET, THENCE SOUTH 29'01'58" EAST 26.68 FEET; THENCE SOUTH 78'10'37" EAST 18.00 FEET; THENCE NORTH 33'1931" EAST 9B.78 FEET, THENCE NORTH 00'14'09" EAST 65.B6 FEET, THENCE NORTH 89'42'50" EAST 6.00 FEET; TO SAID WESTERLY RIGHT OF WAY AND THE TRUE POINT OF BEGINNING. CONTAINS 43,651 SQUARE FEET OR 1.002 ACRES OF LAND. MORE OR LESS. AS SHOWN ON PAGE 2 OF THIS EXHIBIT "3 DATED THIS 3 DAY OF �D ��"� L2� 2000 LAND S .!� DP. 12/31/03 SELTON, L.S. 5347 JP.412131J110 `fl LS 510 �' OF VW" I 4 Form No. 1068-1 (Rev. 10/17/92) OR-9934225 Exhibit A to Preliminary Report TITLE OFFICER- RONALD J.GOMEZ SST A \IERIC ,y Preliminary Report First Amefican Title Insurance Company Preliminary Report OR-9934225 TITLE OFFICER- RONALD J.GOMEZ First American Title Insurance Company 2 First American Way,Santa Ana,California 92707 (P.O.Box 267,Santa Ana,California 92702) (714)800-3000 THE ROBERT MAYER CORPORATION 660 NEWPORT CENTER DR.,#1050 NEWPORT BEACH, CA ATTN: R.J.MAYER YOUR NO. 024-250-73 AND 76 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE,THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE,OR CAUSE TO BE ISSUED,AS OF THE DATE HEREOF,A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT,LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES,CONDITIONS AND STIPULATIONS OF THE POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT(AND ANY SUPPLEMENTS OR AMENDMENTS HERETO)IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. DATED AS of JANUARY 2,2001 AT 7:30 A.M. BY RONALD J.GOMEZ,TITLE OFFICER DIRECT TELEPHONE NUMBER -714-800-4822 FAX NUMBER-714-800-4965 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY - WITH REGIONAL EXCEPTIONS (STANDARD COVERAGE). PAGE 1 a Preliminary Report OR-9934225 TITLE OFFICER- RONALD J.GOMEZ TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH,A PUBLIC AGENCY. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE. AT THE DATE HEREOF EXCEPTIONS TO COVERAGE N ADDITION TO THE PRNTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2000-2001, NOW A LIEN NOT YET DELINQUENT. FIRST INSTALLMENT: $NO TAXES DUE. SECOND INSTALLMENT: $NO TAXES DUE. CODE AREA: 04-035. A. P.NO.: 024-253-01 TO 024-253-03,INCLUSIVE. 2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. NOTE: ALTHOUGH THE ABOVE SUPPLEMENTAL TAXES MAY BE A LIEN, THE INSTALLMENTS THEREOF ARE NOT YET DUE OR PAYABLE. 3. AN EASEMENT AS SET FORTH I�'AN INSTRUMENT RECORDED OCTOBER 13, 1950 IN BOOK 2087,PAGE 385 OF OFFICIAL RECORDS, IN FAVOR OF: TALBERT DRAINAGE DISTRICT. FOR: A DRAINAGE DISTRICT PIPE LINE AND INCIDENTAL PURPOSES. OVER: A STRIP OF LAND 20 FEET IN WIDTH,OVER A PORTION OF THE LAND. 4. AN EASEMENT FOR INGRESS AND EGRESS AND PIPELINES, OVER THE NORTH 30 FEET OF THAT PORTION OF SAID LAND WHICH LIES BETWEEN THE EASTERLY RIGHT OF WAY LINE OF HUNTINGTON AVENUE, 60 FEET IN WIDTH AS NOW LAID OUT, AND THE WESTERLY LINE OF THE LAND DESCRIBED AS THE FIRST EXCEPTION TO THE LAND DESCRIBED THEREIN,AS EXCEPTED IN THE AMENDMENT OF LEASE RECORDED JANUARY 17, 1962 IN BOOK 5978, PAGE 910 OF OFFICIAL RECORDS. IN FAVOR OF: THE CITY OF HUNTINGTON BEACH. 5. THE EFFECT OF A MAP PURPORTING TO SHOW THE HEREIN DESCRIBED AND OTHER LAND RECORDED IN BOOK 103,PAGES 28 AND 29 OF RECORD OF SURVEYS. NOTE: TO BE ELIMINATED UPON TRACT RECORDATION. 6. THE EFFECT OF A MAP PURPORTING TO SHOW THE HEREIN DESCRIBED AND OTHER LAND RECORDED IN BOOK 117,PAGE 21 OF RECORD OF SURVEYS. NOTE: TO BE ELIMINATED UPON TRACT RECORDATION. PAGE Preliminary Report OR-9934225 TITLE OFFICER- RONALD J.GOMEZ 7. AN UNRECORDED LEASE DATED APRIL 28, 1989, EXECUTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTNGTON BEACH, A PUBLIC AGENCY, AS LESSOR, AND ROBERT L. MAYER, AS TRUSTEE OF THE ROBERT L. MAYER TRUST OF 1982, DATED JUNE 22, 1982, AS AMENDED LESSEE, FOR THE TERM, AND UPON THE TERMS, COVENANTS AND CONDITIONS PROVIDED THEREIN, AS DISCLOSED BY MEMORANDUM OF LEASE RECORDED APRIL 28, 1989 AS INSTRUMENT NO. 89-225547 OF OFFICIAL RECORDS. NOTE : THE LIEN OR CHARGE OF SAID LEASE WAS SUBORDINATED BY AN INSTRUMENT RECORDED DECEMBER 19, 2000 AS INSTRUMENT NO. 20000689469 OF OFFICIAL RECORDS, EXECUTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTNGTON BEACH, THE CITY OF HUNTNGTON BEACH,THE WATERFRONT HOTEL,LLC,ROBERT L.MAYER,AS TRUSTEE OF THE ROBERT L. MAYER TRUST OF 1982, DATED JUNE 2, 1982 AND MAYER FINANCIAL, LTD., TO THE LIEN OR CHARGE OF THE DEED RESTRICTION WHICH WAS RECORDED DECEMBER 19, 2000 AS INSTRUMENT NO.20000689468 OF OFFICIAL RECORDS. 8. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED APRIL 20, 1989 AS INSTRUMENT NO. 89-208163 OF OFFICIAL RECORDS, IN FAVOR OF: THE CITY OF HUNTNGTON BEACH,A MUNICIPAL CORPORATION. FOR: VEHICULAR INGRESS, EGRESS, ACCESS TO AND FROM PACIFIC COAST HIGHWAY AND THE BEACH MAINTENANCE PARCEL AND INCIDENTAL PURPOSES. OVER: A PORTION OF THE LAND. 9. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "AMENDED AND RESTATED DEVELOPMENT AGREEMENT", EXECUTED BY AND BETWEEN CITY OF HUNTNGTON BEACH AND MAYER FINANCIAL, LTD., AND THE WATERFRONT HOTEL, LLC, RECORDED OCTOBER 21, 1998 AS INSTRUMENT NO. 19980711512 AND RE-RECORDED DECEMBER 7, 1998 AS INSTRUMENT NO. 19980838602,BOTH OF OFFICIAL RECORDS. NOTE : THE LIEN OR CHARGE OF SAID DEVELOPMENT AGREEMENT WAS SUBORDINATED BY AN INSTRUMENT RECORDED DECEMBER 19, 2000 AS INSTRUMENT NO. 20000689469 OF OFFICIAL RECORDS, EXECUTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTNGTON BEACH, THE CITY OF HUNTNGTON BEACH, THE WATERFRONT HOTEL, LLC, ROBERT L. MAYER, AS TRUSTEE OF THE ROBERT L. MAYER TRUST OF 1982,DATED JUNE 2, 1982 AND MAYER FINANCIAL, LTD., TO THE LIEN OR CHARGE OF THE DEED RESTRICTION WHICH WAS RECORDED DECEMBER 19, 2000 AS INSTRUMENT NO.20000689468 OF OFFICIAL RECORDS. 10. ANY FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF ANY LEASE OR SUBLEASE AND THE AMENDMENTS THEREOF,AS SHOWN HEREIN. 11. AN EASEMENT AS SHOWN AND DEDICATED TO THE CITY OF HUNTNNGTON BEACH ON THE MAP OF TRACT NO. 15535. FOR: WATER LINES AND INCIDENTAL PURPOSES. OVER: A PORTION OF THE LAND. 12. THE FOLLOWING MATTERS DISCLOSED BY AN A.L.T.A. SURVEY BY FUSCOE ENGINEERING, SIGNED BY JERRY USELTON, L.S. 5347, DATED FEBRUARY 15, 2000 AND REVISED MARCH 14,2000,JOB NO. 2252.03C: A. THE FACT THAT BURIED OIL WELLS EXIST ON THE LAND. B. THE FACT THAT THE EDGE OF PAVEMENT MEANDERS ALONG THE NORTHERLY PORTION OF THE LAND. PAGE Preliminary Report OR-9934225 TITLE OFFICER- RONALD J.GOMEZ C. THE FACT THAT A 6.00 FOOT CHAIN LINK FENCE LOCATED ON THE NORTHWESTERLY, NORTHEASTERLY AND EASTERLY PORTIONS OF THE LAND LIES PARTIALLY ON THE LAND AND PARTIALLY IN THE STREET RIGHT OF WAY OF PACIFIC VIEW AVENUE AND BEACH BOULEVARD RESPECTIVELY. D. THE FACT THAT A 7.00 FOOT CHAIN LINK FENCE LOCATED ON THE MOST WESTERLY PORTION OF THE LAND LIES ON THE PROPERTY LINE.NO DETERMINATION IS MADE HEREIN AS TO ITS OWNERSHIP. E. AN UNRECORDED EASEMENT OR LESSER RIGHT FOR POWER POLES, POWER POLES WITH GUY WIRES, POWER POLES WITH TWO TRANSFORMERS AND OVERHEAD UTILITY WIRES LOCATED THROUGH OUT THE LAND, TOGETHER WITH ANY UNDERGROUND LINES APPURTENANT THERETO. F. AN UNRECORDED EASEMENT OR LESSER RIGHT FOR STORM DRAINS OUTLETS WITH SPLASH OUT WALLS, STORM DRAINS, STORM DRAIN NLETS AND STORM DRAIN GRATES LOCATED THROUGH OUT THE LAND, TOGETHER WITH ANY UNDERGROUND LINES APPURTENANT THERETO. G. AN UNRECORDED EASEMENT OR LESSER RIGHT FOR ELECTRIC TRANSFORMER AND ELECTRIC SWITCH CABINET LOCATED ON THE SOUTHEASTERLY PORTION OF THE LAND, TOGETHER WITH ANY UNDERGROUND LINES APPURTENANT THERETO. H. THE FACT THAT THERE ARE TWO PROPOSED EASEMENTS ON SHEET 2 OF THE SURVEY,THE DEDICATION FOR SUNRISE RIGHT OF WAY AND FUTURE WETLANDS DESIGNATION PER TRACT MAP. NOTE: SAID FUTURE WETLANDS DESIGNATION SHALL BE CREATED BY A SEPARATE DOCUMENT ENTITLED "OPEN SPACE/WETLAND PRESERVATION AND RESTORATION DEED RESTRICTION'. I. THE FACT THAT A TENNIS COURT EXISTS ON THE MOST WESTERLY PORTION OF THE LAND. J. THE FACT THAT THREE (3) MODULAR OFFICES ARE LOCATED ON THE EASTERLY PORTION OF THE LAND. K. THE FACT THAT A GATE EXISTS ON THE WESTERLY PORTION OF THE LAND WITHN THE PROPOSED SUNRISE RIGHT-OF-WAY. NO DETERMINATION IS MADE HEREIN AS TO WHO USES SAID GATE. L. ADDITIONAL MATTERS THAT MAY BE DISCLOSED BY A REVISED ALTA SURVEY,IF ANY. 13. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED N AN UNRECORDED DOCUMENT ENTITLED "AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT", EXECUTED BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTNGTON BEACH, A PUBLIC AGENCY AND MAYER FINANCIAL, LTD., A CALIFORNIA LIMITED PARTNERSHIP AS DISCLOSED BY A SUBORDNATION AGREEMENT RECORDED DECEMBER 19, 2000 AS INSTRUMENT NO. 20000689469 OF OFFICIAL RECORDS. NOTE : THE LIEN OR CHARGE OF SAID DISPOSITION AND DEVELOPMENT AGREEMENT WAS SUBORDINATED BY AN INSTRUMENT RECORDED DECEMBER 19, 2000 AS INSTRUMENT NO. 20000689469 OF OFFICIAL RECORDS, EXECUTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTNGTON BEACH, THE CITY OF HUNTNGTON BEACH, THE WATERFRONT HOTEL, LLC, ROBERT L. MAYER, AS TRUSTEE OF THE ROBERT L. MAYER TRUST OF 1982, DATED JUNE 2, PAGE Preliminary Report OR-9934225 TITLE OFFICER- RONALD J.GOMEZ 1982 AND MAYER FINANCIAL, LTD., TO THE LIEN OR CHARGE OF THE DEED RESTRICTION WHICH WAS RECORDED DECEMBER 19,2000 AS INSTRUMENT NO. 20000689468 OF OFFICIAL RECORDS. 14. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "OPEN SPACE/WETLAND PRESERVATION AND RESTORATION DEED RESTRICTION", EXECUTED BY AND BETWEEN THE CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY AND THE CALIFORNIA COASTAL COMMISSION, RECORDED DECEMBER 19, 2000 AS INSTRUMENT NO. 20000689468 OF OFFICIAL RECORDS. PAGE 5 Preliminary Report OR-9934225 TITLE OFFICER- RONALD J.GOMEZ DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTNGTON BEACH,AND IS DESCRIBED AS FOLLOWS: THE LAND DESCRIBED HEREIN IS SITUATED N THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED N BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE, CALIFORNIA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THAT LAND SHOWN AS THE DESIGNATED REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED N BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE, CALIFORNIA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 14, PER SAID TRACT NO. 15535; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF NORTH 89015'39" WEST 50.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT NO. 15535, SAID POINT BEING THE TRUE POINT OF BEGINNING THENCE ALONG SAID WESTERLY RIGHT OF WAY SOUTH 0001701 WEST 1052.24 FEET TO A POINT ON THE GENERAL NORTHEASTERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER SAID TRACT NO. 15535; THENCE ALONG SAID GENERAL NORTHEASTERLY RIGHT OF WAY, THROUGH THE FOLLOWING TWENTY-TWO (22) COURSES: SOUTH 60057'59" WEST 30.03 FEET; SOUTH 88°48'52" WEST 15.08 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 94.00 FEET, WESTERLY ALONG SAID CURVE 27.38 FEET THROUGH A CENTRAL ANGLE OF 16041'10" TO THE BEGINNNG OF A COMPOUND CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET, A LINE RADIAL TO SAID POINT BEARS SOUTH 15030'02" WEST; NORTHWESTERLY ALONG SAID CURVE 401.46 FEET THROUGH A CENTRAL ANGLE OF 21035'54" NORTH 52054'04" WEST 170.18 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET; NORTHWESTERLY ALONG SAID CURVE 76.00 FEET THROUGH A CENTRAL ANGLE OF 03050'11" NORTH 56044'15" WEST 126.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET,NORTHWESTERLY ALONG SAID CURVE 105.98 FEET THROUGH A CENTRAL ANGLE OF 05042'06"NORTH 51"02'09"WEST 122.87 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 39026'56" EAST; NORTHWESTERLY ALONG SAID CURVE 110.03 FEET THROUGH A CENTRAL ANGLE OF 05033'16" NORTH 56006'20" WEST 45.02 FEET, NORTH 11030'02" WEST 20.77 FEET, NORTH 37 56'06" EAST 15.58 FEET, NORTH 52-03,54" WEST 34.00 FEET, SOUTH 37056'06" WEST 16.76 FEET, NORTH 52°03'54" WEST 18.00 FEET, NORTH 37°56'06" EAST 7.28 FEET, NORTH 52003'54" WEST 34.00 FEET, SOUTH 37056'06" WEST 14.96 FEET; SOUTH 82°53'34" WEST 16.47 FEET, NORTH 56°06'20" WEST 315.97 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1060 FEET, AND NORTHWESTERLY ALONG SAID CURVE 51.87 FEET THROUGH A CENTRAL ANGLE OF 02048'13" TO A POINT ON THE GENERAL NORTHEASTERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER DOCUMENT RECORDED SEPTEMBER 1, 1995, AS INSTRUMENT NUMBER 95-0384748, OFFICIAL RECORDS OF THE COUNTY OF ORANGE, CALIFORNIA, A LINE RADIAL TO SAID POINT BEARS SOUTH 36°41'53" WEST; THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY PER SAID TRACT NO. 15535 AND CONTINUING ALONG SAID GENERAL NORTHEASTERLY RIGHT OF WAY PER SAID DOCUMENT, THROUGH THE FOLLOWING THREE(3)COURSES:NORTH 42'18'11" EAST 7.52 FEET,NORTH 47°41'18" WEST 38.85 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2452.00 FEET, AND NORTHWESTERLY ALONG SAID CURVE 252.70 FEET THROUGH A CENTRAL ANGLE OF 05054'17"TO A POINT ON SAID NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14, A LINE RADIAL TO SAID PONT BEARS NORTH PAGE 6 Preliminary Report OR-9934225 TITLE OFFICER- RONALD J.GOMEZ 36°24'25" EAST; THENCE LEAVING SAID GENERAL NORTHEASTERLY RIGHT OF WAY, NON- TANGENT TO SAID CURVE ALONG SAID NORTH LINE SOUTH 89015'39" EAST 1658.76 FEET TO THE TRUE POINT OF BEGINNING. PAGE EXHIBIT 'A' the "Property" PAGE 1 OF 3 PAGES P.O.B. BEACH BLVD N /�CONSTRUCTION °' o o -EAST LINE SEC 14-6-11 � S 00'17'01 1052.24' Or LINE DATA v NO. DIRECTION DISTANCE l �N L 1 S 60'57'59" W 30.03' S 15'30'02" W FCC Z L2 S 88'48'52" W 15.08' L3 N 52'54'04" W 170.18' L4 N 56*44'15" W 126.00' L5 N 51'02'09" W 122.87' j ° _. / / z L6 N 56'06'20" W 45.02' L7 N 11'30'02" W 20.77' L8 N 37'56'06" E 15.58' .9 z L9 N 52'03'54" W 34.00' L 10 S 37'56'06" W 16.76' 80 D - L 11 N 52'03'54" W 9.00' V� ' > -n L 12 N 52'03'54" W 9.00' O co 'y �7 L 13 N 37'S6'06" E 7.28' `�/ O - L 14 N 52'03'54" W 34.00' a �� y T L 15 S 37'56'06" W 14.96' �h�O� _ cn L 16 S 82'5334" W 16.47' ,yo VtK J r ° -� D �i irk L 17 N 42'18'11" E 7.52' rri IJJ:7J �� b) L 18 N 47'41'18" W 38.85' ( n m 0 P/M/13 790144-50 z L 19 N 89'15'39" W 50CL) co .00' �e < z L9 L8 Gh z L 10 m t L 13 L7 L 15 `' CURVE DATA N LY LINE L 16 �?S1/2 NE1/4 NUMBER DELTA RADIUS LENGTH SEC 14-6-11 / Cl 16'41'10" 94.00' 27.38' C2 21'35'54" 1065.00' 401.46' C3 03'50'11" 1135.00' 76.00' L J ,r J C4 05'42'06" 1065.00' 105.98' 1J J 3 J \ C5 05'33'16" 1135.00' 110.03' J GAO P I�/1l�/1B) %J J/'f r1 J J C6 02'48'13" 1060.00' 51.87' NI Q C7 05*54'17" 2452.00' 252.70' Z.R.O.W. DEDICATED PER DOC. ZI moo- RECORDED SEPT. 1, 1995 AS \ ",INS. NO. 95-0364748 O.R. 50' 100' 200' 400' LOT I moo, l�/l1�/lam Jam/r�F, 'f/ GRAPHIC SCALE Preliminary Report OR-9934225 TITLE OFFICER- RONALD J.GOMEZ WARNING "THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP". AV PLATS(CC&R'S,IF ANY)ENCLOSED. NOTE: WIRING INSTRUCTIONS FOR SUB-ESCROW DEPOSITS ARE AS FOLLOWS: FIRST AMERICAN TRUST COMPANY ACCOUNT#15020 ABA#122241255 114 E.FIFTH STREET ACCOUNT NAME: FIRST AMERICAN SANTA ANA,CA 92701 TITLE COMPANY CREDIT TO FIRST AMERICAN TITLE COMPANY OR-9934225 TITLE OFFICER-RONALD J. GOMEZ DISREGARD IF FIRST AMERICAN IS YOUR ESCROW SETTLEMENT AGENT-- CONTACT ESCROW OFFICER FOR WIRING INSTRUCTIONS COPY WITH PLAT(AND CC&R, IF ANY)TO: DEPARTMENT OF ECONOMIC DEVELOPMENT P. O.BOX 190 HUNTINGTON BEACH,CA 92648 ATTN: CAROL RUNZEL RE: WATERFRONT OCEAN GRAND PAGE Preliminary Report OR-9934225 TITLE OFFICER- RONALD J. GOMEZ NOTICE SECTION 12413.1 OF THE CALIFORNIA INSURANCE CODE, EFFECTIVE JANUARY 1, 1990, REQUIRES THAT ANY TITLE INSURANCE COMPANY, UNDERWRITTEN TITLE COMPANY,OR CONTROLLED ESCROW COMPANY HANDLING FUNDS IN AN ESCROW OR SUB-ESCROW CAPACITY, WAIT A SPECIFIED NUMBER OF DAYS AFTER DEPOSITING FUNDS, BEFORE RECORDING.ANY DOCUMENTS IN CONNECTION WITH THE TRANSACTION OR DISBURSING FUNDS. THIS STATUTE ALLOWS FOR FUNDS DEPOSITED BY WIRE TRANSFER TO BE DISBURSED THE SAME DAY AS DEPOSIT. IN THE CASE OF CASHIER'S CHECKS OR CERTIFIED CHECKS, FUNDS MAY BE DISBURSED THE NEXT DAY AFTER DEPOSIT. IN ORDER TO AVOID UNNECESSARY DELAYS OF THREE TO SEVEN DAYS, OR MORE, PLEASE USE WIRE TRANSFER, CASHIER'S CHECKS, OR CERTIFIED CHECKS WHENEVER POSSIBLE. IF YOU HAVE ANY QUESTIONS ABOUT THE EFFECT OF THIS NEW LAW, PLEASE CONTACT YOUR LOCAL FIRST AMERICAN OFFICE FOR MORE DETAILS. NOTICE IN ACCORDANCE WITH SECTIONS 18662 AND 18668 OF THE REVENUE AND TAXATION CODE,A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNT EQUAL TO THREE AND ONE-THIRD PERCENT OF THE SALES PRICE IN THE CASE OF THE DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST BY EITHER: 1. A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR WHEN THE DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER,OR 2. A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA. THE BUYER MAY BECOME SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD AN AMOUNT EQUAL TO THE GREATER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS(S500). HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE,NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF: 1. THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS($100,000),OR 2. THE SELLER EXECUTES A WRITTEN CERTIFICATE,UNDER THE PENALTY OF PERJURY,CERTIFYING THAT THE SELLER IS A RESIDENT OF CALIFORNIA, OR IF A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS IN CALIFORNIA,OR 3. THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE. UNDER THE PENALTY OF PERJURY,THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE(AS DEFINED IN SECTION 1034 OF THE INTERNAL REVENUE CODE). THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT. THE CALIFORNIA STATUTES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE-BY-CASE BASIS. THE PARTIES TO THIS TRANSACTION SHOULD SEEK AN ATTORNEYS, ACCOUNTANT'S, OR OTHER TAX SPECIALIST'S OPINION CONCERNING THE EFFECT OF THIS LAW ON THIS TRANSACTION AND SHOULD NOT ACT ON ANY STATEMENTS MADE OR OMITTED BY THE ESCROW OR CLOSING OFFICER. PAGE • EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs, attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.Proceedings by a public agency which may result in taxes or assessments,or notice of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under(a), (b),or(c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a) whether or not recorded in the public records at Date of Policy,but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable"doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims,reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c)resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business"laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to W the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy);or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. U nenforce ability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable"doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency,or similar creditors'rights laws,that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or 00 the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer;or lb) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs, attorneys'fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to 0) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer;or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage(and the Company will not pay costs, attorneys'fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule 8,you are not insured against loss, costs, attorneys'fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A,or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Form No.1491.EAGLE(10/98) Addendum to Exhibit A ADDENDUM TO EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation. This includes ordinances,laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it,unless: a. a notice of exercising the right appears in the Public Records at the Policy Date;or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created,allowed,or agreed to by You,whether or not they appear in the Public Records; b. that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date; c. that result in no loss to You;or d. that first occur after the Policy Date — this does not limit the coverage described in Covered Risk 7,8.d, 22,23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a, to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b. in streets, alleys,or waterways that touch the Land This Exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any, law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part;or(iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects,liens,encumbrances, adverse claims or other matters: (a) created,suffered,assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(this paragraph(d)does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25);or (a) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unen force ability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon: (a) usury,except as provided under insuring provision 10 of this policy;or (b) any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer;or (i0 of such recordation of impart notice to a purchaser for value or a judgment or lien creditor. 8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7. 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title,the existence of which are Known to the Insured at: (a) The time of the advance;or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. SCHEDULE This policy does not insure against loss or damage(and the Company will not pay costs, attorneys'fees or expenses) which arise by reason of: 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise:NONE. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy: SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs, attorneys'fees or expenses)which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines,shortage in area, encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. Part Two: 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. STATE OF CALIFORNIA—THE RESOURCES AGENCY GRAY DAMS, Govemo CALIFORNIA COASTAL COMMISSION 45 FREMONT STREET,SUITE 2000 SAN FRANCISCO, CA 94105-2219 VOICE AND TDD (415) 904-5200 January 23, 2001 Mr. Howard Zelefsky Community Development Director City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Mr. Steven Bone The Robert Mayer Corporation 660 Newport Center Drive, Suite 1050 Newport Beach, CA 92658-8680 RE: City of Huntington Beach CDP 97-15 Coastal Commission No. 5-HNB-98-203 Dear Gentlemen: This is to inform you that the suspension notice, issued by letter dated September 12, 2000, from Deborah N. Lee to Howard Zelefsky, is hereby formally withdrawn. Pursuant to the Settlement Agreement entered into by and between the Commission, the City of Huntington Beach, the Huntington Beach Redevelopment Agency and the Mayer-related entities on November 29, 2000, the Commission has determined that City of Huntington Beach Development Permit No. CDP 97-15 (5-HNB- 98-203) is final and no longer subject to appeal to the Commission. Sincerely, r PETE M. S� Executive Director G."LegaltCurtent UtigationWayer Twsl wse.do¢ California Coastal Commission 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 Re: ABANDONMENT OF PERMIT APPROVAL COASTAL DEVELOPMENT PERMIT A-5-HNB-99-275 Dear Sirs: Reference is made to that certain Settlement Agreement entered into by and between the California Coastal Commission ("Commission"), the City of Huntington Beach ("City"), the Huntington Beach Redevelopment Agency ("Agency") and the Robert Mayer Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust (collectively, "Mayer"), on or about November 29t', 2000, regarding Coastal Development Permit A-5-HNB-99-275 involving that existing 0.696-acre degraded wetland located generally 1,000 feet inland of the northwest corner of Pacific Coast Highway and Beach Boulevard in the City of Huntington Beach. Pursuant to and subject to all of the provisions of Paragraph 3 of said Settlement Agreement, Agency and Mayer do hereby abandon the Commission's approval o�Coastal Development Permit A-5- HNB-99-275. This abandonment is effective as of the .7-sday of:T k A-p-y , 200 . Sincerely, CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY ROBERT MAYER CORPORATION By: By: Ray ver Stephen . Bone Executive Director Presiders MAYER FINANCIAL, L.P. By: � R. J. Ma,er Jr. Vice Presi t/S etary ROBERT MAYER TRUST By: J�"v ��� Robert L. May Trustee ' CONFORMED COPY Recorded in Official Records,County of Orange 1 RECORDING REQUESTED BY AND Ga f L. Granville Clerk-Recorder RETURN TO: II IIIII IIIII IIIII I IIII I III�III�IIII�IIIII IIIII�II�I III I V 0 FEE 2 California Coastal Commission 45 Fremont Street, Suite 2000 3 San Francisco, CA 94105-2219 20000689468 04:30pm 12/19/C 0 Attn: Legal Division 121 15 D 12 49 4 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5 OPEN SPACE/WETLAND PRESERVATION AND 6 RESTORATION DEED RESTRICTION 7 8 I. WHEREAS, the City of Huntington Beach Redevelopment Agency, 9 hereinafter referred to as the "Owner," is the record owner of the real property in the City 10 of Huntington Beach, County of Orange, State of California,which is described on 11 Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred 12 to as the "Property"); and 7 13 IL WHEREAS,Mayer Financial, L.P., is the Developer of the Property 4 14 and the assignee of all right, title and interest of the Robert L. Mayer Trust in the 15 Property. The Robert Mayer Corporation is, and at various times has been, the agent and 16 representative of Mayer Financial,L.P., and the Robert L. Mayer Trust. The Robert I7 Mayer Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust are hereinafter 18 collectively referred to as "Mayer." 19 III. WHEREAS, the California Coastal Commission, hereinafter referred 20 to as the "Commission," is acting on behalf of the People of the State of California; and 21 IV. . WHEREAS,the subject property is located within the coastal zone 22 as defined in Section 30103 of Division 20 of the California Public Resources Code, 23 hereinafter referred to as the "California Coastal Act of 1976" (the "Act"); and 24 V. WHEREAS, the Property includes an area (the "Degraded Wetland 25 Area") within which there is an existing .696-acre degraded wetland located generally 26 1000 feet inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. 27 The Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 28 THIS INSTRUMENT FILED FOR RECORD BY RICHARDS WATSON FIRST AMERICAN TrrLE INSURANCE COMPANY AS AN e:GEASHON Atta-eys at law 1206310003\631622.5 I ACCOMMODATION ONLY. IT HAS NOT BEEN EXAMINED AS TO ITS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE I incorporated herein by this reference and described specifically on Exhibit "C" attached 2 hereto and incorporated herein by this reference. 3 VI. WHEREAS, on April 11, 2000, the Commission approved, with 4 conditions, Coastal Development Permit No. A-5-HNB-99-275, an application filed by 5 the Robert L. Mayer Trust c/o the Robert Mayer Corporation and the Agency to fill the 6 Degraded Wetland Area in conjunction with the implementation of a wetland and riparian 7 woodland habitat restoration project at the Shipley Nature Center in the City of 8 Huntington Beach. 9 VII. WHEREAS, on September 13, 2000, the Commission adopted 10 Revised Findings to support its decision to approve Coastal Development Permit 11 No. A-5-HNB-99-275, finding that the development, as conditioned, is consistent with 12 the certified City of Huntington Beach Local Coastal Program. 13 VIII. WHEREAS, on May 17, 2000, project opponents filed a lawsuit 14 entitled Bolsa Chica Land Trust et al. v. California Coastal Commission et al., Orange 15 County Superior Court Case No. OOCCO5991, seeking to set aside the Commission's 16 approval of Coastal Development Permit No. A-5-HNB-99-275. 17 IX. WHEREAS, on September 14, 1998, the City of Huntington Beach 18 City Council granted the separate application of the Robert Mayer Corporation and Mayer 19 Financial, L.P., for Coastal Development Permit CDP 97-15, approving, inter alia, the 20 construction of the Grand Resort Hotel and Conference Center, located generally on the 21 north side of Pacific Coast Highway, west of Beach Boulevard and east of Huntington 22 Street, in the City of Huntington Beach. 23 X. WHEREAS, on September 22, 1998, the Commission acknowledged 24 receipt of the City's written Notice of Action on CDP 97-15, thereby commencing a 10 25 working day appeal period. 26 XI. . WHEREAS, on October 7, 1998, the Commission wrote the Robert 27 Mayer Corporation and City, informing them that the 10-day appeal period expired on 28 t RICHARDS, WATSON - h GERSHON Attorneys at Law 12063\0003\631622.5 2 I October 6, 1998, that no appeals were received by the Commission, and that CDP 97-15 2 is therefore final. 3 XII. WHEREAS, pursuant to City of Huntington Beach CDP 97-15, 4 Mayer has undertaken substantial site preparatory work and contends that it has incurred 5 substantial liabilities in preparation for imminent construction of the Grand Coast Resort 6 Hotel and Conference Center. 7 XIII. WHEREAS, on September 12, 2000, the Staff of the Commission 8 issued a written Notice of Suspension to the City, suspending CDP 97-15 pending a 9 further review of the legal adequacy of the City's September 18, 1998 Notice of Action. 10 XIV. WHEREAS, the City, Agency and Mayer contend that said Notice of 11 Action was, and is, legally adequate and not subject to challenge. 12 XV. WHEREAS, on November 29, 2000, to resolve their disputed 13 matters, the Commission, City of Huntington Beach, Agency, and Mayer entered into a 14 Settlement Agreement, attached hereto as Exhibit I'D" and incorporated herein by this 15 reference (hereinafter referred to as the "Settlement Agreement"). 16 XVI. WHEREAS, Paragraph 1 of the Settlement Agreement provides as 17 follows: 18 Recordation of Open Space/Wetland Preservation and Restoration Deed Restriction. The Agency shall execute and record a Deed Restriction over 19 the Degraded Wetland Area which limits, in perpetuity, the uses of the Degraded Wetland area to natural open space for wetland preservation and 20 restoration uses. The Deed Restriction shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens that the 21 Executive Director of the Commission determines may affect the enforceability of the Deed Restriction. The Deed Restriction shall be 22 substantially in the form attached hereto as Exhibit I'D," and shall not be removed or changed without a coastal development permit issued by the 23 Commission. The Deed Restriction shall not become effective unless and until the Commission issues the Notice required under Paragraph 2, below, 24 and City of Huntington Beach CDP 97-15 is, and remains, ?'Inal and not subject to appeal to the Commission. 25 XVII. WHEREAS, Paragraph 2 of the Settlement Agreement further states 26 as follows: 27 28 /// RICHARDS, WATSON & GERSHON Attorneys at Law 12063\0003\631622.5 3 I Withdrawal of Commission Suspension Notice. Within five (5) days receipt of written proof that the Deed Restriction has been recorded 2 consistent with the terms and conditions of Paragraph 1, above, the Commission, through its Executive Director, shall issue a Notice of _ 3 Withdrawal of Suspension Notice ("Notice") to the City, with copies to the Agency and the Robert Mayer Corporation, formally withdrawing its 4 September 12, 2000 Notice of Suspension and advising that City of Huntington Beach CDP 97-15 is final and not subject to appeal to the 5 Commission. The Notice shall be substantially in the form attached hereto as Exhibit "E." The Commission shall take no action thereafter 6 inconsistent or in conflict with that Notice. 7 XVIII. WHEREAS, Owner has elected to comply with Paragraph 1 of the 8 Settlement Agreement and to execute this Deed Restriction to enable Owner and Mayer to 9 proceed with the development authorized by City of Huntington Beach CDP.97-15. 10 XIX. WHEREAS, the Parties have entered into the Settlement Agreement 11 without any admission of fault or liability of any kind or of any contention of any of the 12 Parties, but instead to avoid the costs and risks of litigation and to resolve this matter in a 13 manner mutually satisfactory to all of the Parties. 14 NOW, THEREFORE, in consideration of the mutual covenants and 15 agreements set forth in the Settlement Agreement, the Owner hereby irrevocably 16 covenants with the Commission that there be and hereby is created the following 17 restrictions on the use and enjoyment of the Degraded Wetland Area of the Property, to be 18 attached to and become a part of the deed to the Property. 19 1. COVENANT CONDITION AND RESTRICTION. The 20 undersigned Owner, for itself and for its heirs, assigns and successors in interest, 21 covenants and agrees that: 22 the use of the Degraded Wetland Area as shown on Exhibits B and C, attached hereto and incorporated herein by reference, shall be limited to 23 natural open space for wetlands preservation and restoration uses. No development as defined in Public Resources Code section 30106, attached 24 hereto as Exhibit E and incorporated herein by reference, including but not Iimited to removal of trees and other major or native vegetation, grading, 25 aving, installation of structures such as signs, buildings, etc. shall occur or Ee allowed on the Degraded Wetland Area with the exception of the 26 following subject to applicable governmental regulatory requirements: 27 (a) the removal of hazardous substances or conditions or diseased plant; or trees; 28 RICHAROS, WATSON h GERSHON -- Attorneys at law 12063\000631622.5 - 4 1 (b) environmental education uses pursuant to a coastal development permit, if required; and 2 (c) wetland restoration uses pursuant to a coastal development permit, if 3 required. 4 2. DURATION. This Deed Restriction shall not become effective 5 unless and until the Commission issues the Notice required under Paragraph 2 of the 6 Settlement Agreement, and City of Huntington Beach CDP 97-15 is, and remains, final 7 and not subject to appeal to the Commission. Once effective, the Deed Restriction shall 8 remain in full force and effect in perpetuity, unless subsequently removed or changed by a 9 Coastal Development Permit issued by the Commission, and thereby confers benefit upon 10 the Property described herein, and shall bind Owner and all its assigns or successors in 11 interest. .12 3. RIGHT OF ENTRY. The Commission or its agent may enter on to 13 the Degraded Wetland area of the Property from Beach Boulevard at times reasonably 14 acceptable to the Owner to ascertain whether the use restrictions set forth above are being 15 observed. 16 4. REMEDIES. Any act, conveyance, contract, or authorization by the 17 Owner, whether written or oral, which uses or would cause to be used or would permit 18 use of the Property contrary to the terms of this Deed Restriction will be deemed a 19 violation and a breach hereof. The Commission and the Owner may pursue any and all 20 .available legal and/or equitable remedies to enforce the terms and conditions of this Deed 21 Restriction. In the event of a breach, any forbearance on the part of either party to 22 enforce the terms and provisions hereof shall not be deemed a waiver of enforcement 23 right regarding any subsequent breach. 24 5. TAXES AND ASSESSMENTS. It is intended that this Deed 25 Restriction is irrevocable and shall constitute an enforceable restriction within the 26 meaning of(a) Article XIII, section 8, of the California Constitution; and (b) section 27 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, 28 this Deed Restriction shall be deemed to constitute a servitude upon and burden to the RICHARDS, WATSON R GERSHON Attorneys at Law 12063\0003\631622.5 5 I property within the meaning of section 3712(d) of the California Revenue and Taxation 2 Code, or successor statute, which survives a sale of tax=deeded property. 3 6. SEVERABILITY. If any provision of these restrictions is held to 4 be invalid, or for any reason becomes unenforceable, no other provision shall be thereby 5. affected or impaired. 6 7 Dated: //- Z cl , 2000 8 REDEVELOPME AGENC OF THE CITY OF HUNTINGTON BEACH 9 SIGNED: 10 Tom Harman, Chairman Pro Tem PRINT OR TYPE NAME OF ABOVE 11 12 * * NOTARY ACKNOWLEDGMENT ON THE NEXT PAGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RICHARDS, WATSON d GERSHON 6 Attorneys at Law 12063\0003\631622.5 i I STATE OF CALIFORNIA COUNTY OF ORANGE 2 3 On N�P' `'r i before me, -Cu,�ro- A, Af eA� , a Notary Public 4 personally appeared owe. 1-r,,vrv'cl,v► n 5 t&-me-(arproved to me on the basis of satisfactory evidence) to be the person(N) whose 6 name(s) is aye subscribed to the within instrument and acknowledged to me that 7 ('slimy executed the same in(�ir authorized capacity(, and that by 8 it signature(ss on the instrument the personf3), or the.entity upon behalf of 9 which the person) acted, executed the instrument. ' 10 WITNESS my hand and official seal. 11 uwanA.NB-" 12 Signature 13 /// 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RICHAROS, WATSON 6 G£ASNON 7 Attorneys at Law 12063\0003\631622.5 1 This is to certify that the deed restriction set forth above is hereby 2 acknowledged by the undersigned officer on behalf of the California Coastal Commission 3 pursuant to authority conferred by the California Coastal Commission when it executed 4 the Settlement Agreement attached hereto as Exhibit "D" and the California Coastal 5 Commission consents to recordation thereof by its duly authorized officer. 6 7 Dated: 8 9 10 4o n Bowers, Staff Counsel California Coastal Commission 11 STATE OF CALIFORNIA 12 COUNTY OF SAN FRANCISCO 13 On I2' / S/cr'? before me, Deborah L. Bove , a Notary Public 14 personally appeared John Bowers , personally known 15 to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose 16 name(s) is/are subscribed to the within instrument and acknowledged to me that 17 he/she/they executed the same in his/her/their authorized capacity(ies), and that by 18 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of 19 which the person(s) acted, executed the instrument. 20 WITNESS my hand and official seal. 21 Signature-4� - D `........ DEBORAH L. BOVE 22 r COMM. #1239052 IL NOTARY PUBLIC-CALIFORNIA o SAN FRANCISCO COUNTY 23 My Comm, Expires Oct. 21, 2003 24 25 26 27 28 RICHARDS, WATSON h GERSHON Attorneys at law 12063\0003\631622.5 8 EXHIBIT "A" THE PROPERTY— LEGAL DESCRIPTION 12063\0003\6335'i 6.1 Paae 1 of 4 EXHIBIT 'A' the "Property PAGE 1 OF 3 PAGES P.O.B. BEACH B-M ��CONSTRUCTION S 00'17'01" W ~-EAST LINE SEC 14-6-11 1052.24' T.P.0.a. ^' LINE DATA NO. DIRECTION DISTANCE �. f� L1 S 60'S7'59"' W 30.03' S 33'03'S3" W L L2 S 88'48'52" W 15.08' / z L3 N 52'54'04" W 170.18' L4 N 56'44'15" W 126.00' L5 N 51'02'09" W 122.87' / L6 N 56'06'20" W 45.02' L7 N i 1'30'02" W 20.77' L8 N 37'56'06" E 15.38' `T9 L9 N 52'0354" W 34.00' L 10 S 37*56'06" W 16.76' 9p L l l IN 52'0354" W 9.00' L 12 IN 52'03'54" W 9.00' co L L 13 N 37'56'06" E 7.23' L 14 N 52'03'54" W 34.00' C . 4, L 15 S 3756'06" W 14.96' 11 L 16 S 82'53'34'' W 16.47' L� L 17 N 42'18'11" E 7.52' l J i ' r r L 18 N 4T41'18" W 38.85' �� cn L19 N 89'15'39" W 50.00' L9 L8 Gh L 10 t L13 L L14 L 15 `'' CURVE DATA N'LY LINE L 16 S 1/2 NE 1/4 NUMBER DELTA RADIUS LENGTH SEC 14-6-11 C 1 16'4 l'10' 94.00' 27.38' -,___ �`S'��,p �h°���0 �J� \ \ • C2 21'35S4" 1065.00' 401.4 7' C3 03'50'11" 1135.00' 75.00' _� C4 05'42'06" 1065.00' 105.93' Fri J J J \ C5 05'33'16" 1135,00' 110.03' wl �,BJG� PG\�� l�/llW 79 '/'�'r-� C6 02'48'13" 1060.00' 51.87' Q C7 05'54'17" 2452.00' 252.70' 17 Z,- R.O.W. DEDICATED PER DOC. moo. RECORDED SPT. 1, 1995 AS 50, 100, 200• 400• NINS. NO. 95-0364748 O.R. as. J r ! A GRAPHIC SCALE Page 2 of 4 EXHIBIT 'A' PAGE 2 OF 3 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51. PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THAT LAND SHOWN AS THE DESIGNATED REMAINDER ON MAP .THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE- OUARTER OF SAID SECTION 14, PER SAID TRACT NO. 15535; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF NORTH 89'15'39" WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF. BEACH BOULEVARD AS SHOWN ON SAID TRACT NO. 15535, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY RIGHT OF WAY SOUTH 00'17'01" WEST 1052.24 FEET TO A POINT ON THE GENERAL NORTHERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER SAID TRACT NO. 15535; THENCE ALONG SAID GENERAL NORTHERLY RIGHT OF WAY, THROUGH THE FOLLOWING COURSES, SOUTH 60'57'59" WEST 30.03 FEET; THENCE SOUTH 88'48'52" WEST 15.08 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 94.00 FEET,• THENCE WESTERLY ALONG SAID CURVE 27.38 FEET THROUGH A CENTRAL ANGLE OF 16'41.10" TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET, A LINE RADIAL TO SAID POINT BEARS SOUTH 15'30'02" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 326.48 FEET THROUGH A CENTRAL ANGLE OF 21'35'S4';- THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT OF WAY THROUGH THE FOLLOWING COURSES; THENCE TANGENT TO SAID CURVE NORTH 52'54'04" WEST 170.18 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET, THENCE ALONG SAID CURVE 76.00 FEET THROUGH A CENTRAL ANGLE OF 03'50'11"; THENCE TANGENT TO SAID CURVE NORTH 56'44'15" WEST 126.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF T 065.00 FEET; THENCE ALONG SAID CURVE 105.98 FEET THROUGH A CENTRAL ANGLE OF 05'42'06"; THENCE TANGENT TO SAID CURVE NORTH 51'02'09" WEST 122.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET; .THENCE ALONG SAID CURVE 110.03 FEET THROUGH A CENTRAL ANGLE OF 05'33'167• NGTH THENCE TANGENT TO SAID CURVE NORTH 56'06'20" WEST 45.02 FEET; THENCE NORTH '.38' 11'30'02" WEST 20.77 FEET, THENCE NORTH 3756'06" EAST 15.58 FEET, THENCE NORTH 1.47' 52'03'54" WEST 34.00 FEET; THENCE SOUTH 3756'06" 'WEST 16.76 FEET, THENCE NORTH :.00' 52'03'54" WEST 18.00 FEET,• THENCE NORTH 37-56'06- EAST 7.28 FEE-T., THENCE NORTH 52'03'54" WEST 34.00 FEET: THENCE SOUTH 37'56'06" WEST 14.96 FEET. THENCE SOUTH 5.98' 82'53'34" WEST 16.47 FEET; THENCE NORTH 56'06'20" WEST 315.97 FEET TO THE 0.03' BEGINNING OF A TANGENT CURVE; CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1060.00 .87' FEET; THENCE ALONG SAID CURVE 51.87 FEET THROUGH A CENTRAL ANGLE OF 02'48'13" TO 2.70' A POINT ON THE GENERAL NORTHEASTERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER DOCUMENT RECORDED SEPTEMBER 1, 1995, AS INSTRUMENT NUMBER 95- 0384748, RECORDS OF THE COUNTY OF ORANGE, A LINE RADIAL TO SAID POINT BEARS SOUTH 36'41'53" WEST; THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY PER SAID TRACT NO. 15535 AND CONTINUING ALONG SAID GENERAL NORTHEASTERLY RIGHT OF WAY PER 400' SAID DOCUMENT, THROUGH THE FOLLOWING COURSES; THENCE NORTH 42'18'11" EAST 7.52 FEET. THENCE NORTH 47'41'18" WEST 38.85 FEET TO THE BEGINNING OF A TANGENT Paae 3 of 4 EXHIBIT 'A PAGE 3 OF 3 PAGES CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2452,00 FEET,• THENCE ALONG SAID CURVE 252.70 FEET THROUGH A CENTRAL ANGLE OF 05'54'17" TO SAID NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14; THENCE LEAVING SAID GENERAL NORTHEASTERLY RIGHT OF WAY, ALONG SAID NORTH LINE SOUTH 89'15'39,, EAST 1658.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 22.65 +/- ACRES AS SHOWN ON PAGE 1 OF THIS EXHIBIT A". DATED THIS 3 _ DAY OF _n a 'r''�b e'L 2000 lANO L. US�c�lgyfo�, SEL TON, C.S. 534 7 E7cP, 12/31/03 E 12131/03 *9l lS 53�� F OF i i i paved of 4 EXHIBIT "B" DEGRADED WETLAND AREA—GENERAL CONFIGURATION t 2063\0003\633576.t _ Page 1 of 2 EXHIBIT 'B' PAGE 1 OF 1 PAGES B E A C H B O U L E V A R D r._ DEGRADED 1 WE RED . 1 existing \ < degraded wetland � \ i the "Property' GRAPHIC SCALE Page 2 of 2 EXHIBIT "C" DEGRADED WETLAND AREA—LEGAL DESCRIPTION 12063\0003\633 5 76.1 Page 1 of 3 EXNIBfT SUNRISE RI N89�5'3 -,v PAGE 1 OF 2 PAGES N89'?5'39"W 50.00 P.0.B. LAVE DATA NO. DIRECTION DISTANCE I L1 S 00'17'10' W 257.55' S0 L2 N 8733'37' W 14.00' L3 N 01'08'12' E 8.59' 70'. 68' L4 N 45'11'30'W 65.40' icy 138' L5 IN 85'23'00" W 35.27' L6 S 24'55'48' W 21.31' � U N 8717'23' W 48.09' I L8 S 4723'51" W 104.14' I _ L9 S 84'57'19' W 7.30' L 10 N 35'26'46' W 36.33' 3 I Z L 11 N 25'58'40' E 262.04 I � L12 N 22*27*354 W 4.50' I L 13 N 46'3729' E 23.07' o U I L 14 I N 24-2 1'30' E 120.69' L 15 N 83'27'33' E 17.12' W VO L 16 S 02'55'37' W 92.82' L 17 S 52'05'49" W 37.38' 0 25' S0' 100' 200' Ll i L 18 S 25'20'52' E 2 U ' W L 19 N 60'23'17' E 33.54' GRAPHIC SCALE L20 S 48'29'43' E 37.00' I 1 L21 S 13 5724" W 77.40' L22 S 44'05'07" W 34.49' L23 IN 56-31'380 W 21.74' L24 S 29'01'58" E 26.68' Q L25 S 78'10'37' E 18.00' to L26 N 33'19'31' E 98.78' I L27 N 00'14'19' E 65.86' L28 I N 89'42'50' El 6.00' I L1� L2 T.p.OR. N I (y J v � I V. V tz�L25 I i i L7 I L3 L Page 2of3 EXHIBIT 'C' PAGE 2 OF 2 PAGES I THE LAND DESCRIBED HEREIN IS SITUATED IN THE C17Y OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA;BEING A PORTION OF SEC77ON 14, TOWNSHIP 6 SOUTH, RANGE 11- WEST OF THE RANCHO LOS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14, RECORDS OF THE COUNTY OF ORANGE MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THAT LAND DESIGNATED AS REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SEC77ON 14, PER SAID TRACT MAP; THENCE ALONG THE NORTHERLY UNE OF SAID SOUTH ONE-HALF, NORTH 89'15'39' WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT MAP; THENCE ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17'01' WEST 681.85 FEET TO THE TRUE POINT OF BEGINNING: THENCE, CONTINUING ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17'10' WEST 257.55 FEET; THENCE, LEAVING SAID WESTERLY RIGHT OF WAY, NORTH 87"33'37' WEST 14.00 FEET; THENCE NORTH 01'08'12' EAST 8.59 FEET; THENCE NORTH 45'11'30" WEST 65.40 FEET; THENCE NORTH 85'23'00" WEST 35.27 FEET, THENCE SOUTH 24'55'48" WEST 21.31 FEET, THENCE NORTH 87*17'23' WEST 48.09 FEET, THENCE SOUTH 472351" WEST 104.14 FEET; THENCE SOUTH 84`57'19" WEST 7.30 FEET; THENCE NORTH 3526'46" WEST 36.33 FEET; THENCE NORTH .25'58'40" EAST 262.04 FEET; THENCE NORTH 22'2735" WEST 4.50 FEET, THENCE NORTH 46'3729" EAST 23.07 FEET; THENCE NORTH 24'21'30" EAST 120.69 FEET; THENCE NORTH 83'27'33' EAST 17.12 FEET; THENCE SOUTH 02'55'37" WEST 92.82 FEET; THENCE SOUTH 52'05'49" WEST 37.38 FEET; THENCE SOUTH 25'20'52" EAST 21.31 FEET, THENCE NORTH 50'23'17" EAST 33.54 FEET; THENCE SOUTH 48'29'43" EAST 37.00 FEET, THENCE SOUTH 13'57'24' WEST 77.40 FEET; THENCE SOUTH 44'05'07" WEST 34.49 FEET; THENCE NORTH 56'31'38" WEST 21..74 FEET; THENCE SOUTH 29'01'58" FAST 26.68 FEET; THENCE SOUTH 78'10'37" EAST 18.00 FEET; THENCE NORTH 33'19'31" EAST 98.78 FEET; THENCE NORTH 00'14'09' FAST 65.B6 FEET; THENCE NORTH 89-42'50' EAST 6.00 FEET; TO SAID WESTERLY RIGHT OF WAY AND THE TRU POINT OF BEGINNING. CONTAINS 43,651 SQUARE FEET OR 1.002 ACRES OF LAND, MORE OR LESS.- AS SHOWN ON PAGE 1 OF THIS EXHIBIT TO DATED THIS 3 DAY OF / /D �' � 2000 �DD LANO EXP. 12/31/03 USELTON, L.S. 5347 JiP. /31/03 ��1� `F LEQ��SS Page 3 of)' i. EXHIBIT "D" SETTLEMENT AGREEMENT 12063\0003\633576.1 Page 1 of 30 i 1 SETTLEMENT AGREEMENT 2 3 This Settlement Agreement ("Agreement") is entered into by and between .4 the California Coastal Commission ("Commission"), the City of Huntington Beach 5 ("City), the Huntington Beach Redevelopment Agency ("Agency"), and the Robert Mayer 6 Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust (collectively, "Mayer"). 7 The Commission, City, Agency and Mayer are sometimes collectively referred to in this 8 Agreement as "the Parties." 9 RECITALS 10 WHEREAS, the Agency is the owner in fee simple of certain real property 11 in the City of Huntington Beach, County of Orange, State of California, which is 12 described on Exhibit "A" attached hereto and incorporated herein by this reference (the 13 "Property"). 14 WHEREAS, Mayer Financial, L.P., is the Developer of the Property and th 15 assignee of all right, title and interest of the Robert L. Mayer Trust in the Property. The 16 . Robert Mayer Corporation is, and at various times has been, the agent and representative 17 of Mayer Financial, L.P., and the Robert L. Mayer Trust. 18 WHEREAS, the Property includes an area (the "Degraded Wetland Area") 19 within which there is an existing .696-acre degraded wetland located generally 1000 fee- 20 inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. The 21 Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 22 incorporated herein by this reference and described specifically on Exhibit "C" attached 23 hereto and incorporated herein by this reference. 24 WHEREAS, on April 11, 2000, the Commission approved, with conditior 25 Coastal Development Permit No. A-5-HNB-99-275, an application filed by the Robert 1 26 Mayer Trust and the Agency to fill the Degraded Wetland Area in conjunction with the 27 implementation of a wetland and riparian woodland habitat restoration project at the 28 Shipley Nature Center in the City of Huntington Beach. RICHARDS, WATSON h GERSHON Attorneys at Law 12063\0003\631622.4 1 Page 2 of 30 I WHEREAS, on September 13, 2000, the Commission adopted Revised 2 Findings to support its decision to approve Coastal Development Permit No. A-5-HNB- 3 99-275, finding that the development, as conditioned, is consistent with the certified City 4 of Huntington Beach Local Coastal Program. 5 WHEREAS, on May 17, 2000, project opponents filed a lawsuit entitled 6 Bolsa Chica Land Trust et al. v. California Coastal Commission et al., Orange County 7 Superior Court Case No. 00CC05991, seeking to set aside the Commission's approval of 8 Coastal Development Permit No. A-5-HNB-99-275. 9 WHEREAS, on September 14, 1998, the City of Huntington Beach City 10 Council granted the separate application of the Robert Mayer Corporation and Mayer 11 Financial, L.P., for Coastal Development Permit CDP 97-15, approving, inter alia, the 12 construction of the Grand Coast Resort Hotel and Conference Center, located generally 13 on the north side of Pacific Coast Highway, west of Beach Boulevard and east of 14 Huntington Street, in the City of Huntington Beach. 15 WHEREAS, on September 22, 1998, the Commission acknowledged 16 receipt of the City's written Notice of Action on CDP 97-15, thereby commencing a 10 17 working day appeal period. 18 WHEREAS, on October 7, 1998, the Commission wrote the Robert Mayer 19 Corporation and City, informing them that the 10-day appeal period expired on October 6, 20 1998, that no appeals were received by the Commission, and that CDP 97-15 is therefore 21 final. 22 WHEREAS, pursuant to City of Huntington Beach CDP 97-15, Mayer has 23 undertaken substantial site preparatory work and contends that it has incurred substantial 24 liabilities in preparation for imminent construction of the Grand Coast Resort Hotel and 25 Conference Center. 26 WHEREAS, on September 12, 2000, the Staff of the Commission issued a 27 written Notice of Suspension to the City, suspending CDP 97-15 pending a further revie� 28 of the legal adequacy of the City', September 18, 1998 Notice of Action. The City, RICNAROS, WATSON 3 GERS NON Attorneys at Law 12063\0003\631622.4 2 Page 3 of 30 I Agency and Mayer contend that said Notice of Action was, and is, legally adequate and 2 no longer subject to challenge. 3 WHEREAS, the Parties have since conducted a thorough review of the 4 disputed matters, and have agreed to a full, final and complete settlement on the terms 5 and conditions set forth herein. 6 WHEREAS, this Agreement is entered into by the Commission, City, 7 Agency and Mayer, and each of them, without any admission of fault or liability of any 8 kind or of any contention of any of the Parties, but instead to avoid the costs and risks of 9 litigation and to resolve this matter in a matter mutually satisfactory to all of the Parties. 10 11 AGREEMENT 12 NOW, THEREFORE, in consideration of the mutual covenants and 13 promises contained herein, the Commission, City, Agency and Mayer agree to settle the 14 disputed matters upon the following terms and conditions: 15 1. Recordation of Open Space/Wetland Preservation and Restoration 16 Deed Restriction. The Agency shall execute and record a Deed Restriction over the 17 Degraded Wetland Area which limits, in perpetuity, the uses of the Degraded Wetland 18 area to natural open space for wetland preservation and restoration uses. The Deed 19 Restriction shall run with the land, binding all successors and assigns, and shall be 20 recorded free of prior liens that the Executive Director of the Commission determines 21 may affect the enforceability of the Deed Restriction. The Deed Restriction shall be 22 substantially in the form attached hereto as Exhibit I'D," and shall not be removed or 23 changed without a coastal development permit issued by the Commission. The Deed 24 Restriction shall not become effective unless and until the Commission issues the Notice i 25 required under Paragraph 2, below, and City of Huntington Beach CDP 97-15 is, and 26 remains, final and not subject to appeal to the Commission. 27 2. Withdrawal of Commission Suspension Notice. Within five (5) da 28 receipt of written proof that the Deed Restriction has been recorded consistent with the RICHARDS, WATSON a GERSHON Attorneys at law 12063\0003\631622.4 3 Page 4 of 30 I terms and conditions of Paragraph 1, above, the Commission, through its Executive 2 Director, shall issue a Notice of Withdrawal of Suspension Notice ("Notice") to the City, 3 with copies to the Agency and the Robert Mayer Corporation, formally withdrawing its 4 September 12, 2000 Notice of Suspension and advising that City of Huntington Beach 5 CDP 97-15 is final and not subject to appeal to the Commission. The Notice shall be 6 substantially in the form attached hereto as Exhibit "E." The Commission shall take no 7 action thereafter inconsistent or in conflict with that Notice. 8 3. Abandonment of Permit Approval. The Agency and Mayer agree to 9 abandon the Commission's approval of Coastal Development Permit A-5-HNB-99-275, 10 effective upon issuance by the Commission of the Notice required under Paragraph 2, 11 above; provided, however, that the Commission's approval of Coastal Development 12 Permit A-5-HNB-99-275 shall remain in full force and effect unless and until the 13 Commission issues the Notice required under Paragraph 2, above, and City of Huntingtoi 14 Beach CDP 97-15 is, and remains, final and not subject to appeal to the Commission. 15 The Agency and Mayer shall confirm this abandonment of permit approval to the 16 Commission in writing within ten (10) days' receipt of the Notice. 17 4. No Restoration Obligation. When the Agency and Mayer abandon 18 the Commission's approval of Coastal Development Permit A-5-HNB-99-275, said 19 Coastal Development Permit shall be of no force and effect, including but not limited to 20 any obligation by Mayer to undertake the wetland and riparian woodland habitat 21 restoration project at the Shipley Nature Center. Neither the Agency nor Mayer is under 22 any obligation to restore the Degraded Wetlands Area. 23 5. Future Conveyance of Degraded Wetland Area. The Agency may ; 24 any time convey the Degraded Wetland Area, separate and apart from balance of the 25 Property, to the City or any other public agency for wetland restoration and other 26 purposes subject to and consistent with the Deed Restriction. 27 28 RICHARO6, WATSON a6 GEASHON Attorneys at law 12063\0003\631622.4 - 4 Page 5 of 30 1 6. Obliization to Remove Trash and Debris from Degraded Wetland 2 Area. The Agency and its successors and assigns shall maintain the Degraded Wetland 3 Area free of trash and debris. 4 7. Duty to Cooperate. The parties agree to cooperate in effectuating 5 the terms and conditions of this Agreement. 6 8. Binding Effect. This Agreement shall inure to the benefit of and 7 shall be binding upon the heirs, successors, assigns, representatives, and beneficiaries of 8 the parties. 9 9. No Admission of Liabilitv or Wrongdoing. This Agreement is solely 10 for the purpose of compromising doubtful and disputed claims and avoiding litigation. 11 The Agreement shall not be construed as an admission of liability or wrongdoing of any 12 party or of any contention of any party. 13 10. Paragraph Headings. The paragraph headings contained herein are 14 for descriptive purposes only and are not intended to convey or change the meaning of 15 any provision hereof. 16 11. InteTpretation. This Agreement shall be construed in accordance 17 with the laws of the State of California. 18 12. Legal Advice. Each party has received independent legal advice 19 from its attorneys with respect to the advisability of executing this Agreement and the 20 meaning of the provisions hereof. The provisions of this Agreement shall be construed a 21 to the fair meaning and not for or against any party based upon any attribution of such 22 party as the sole source of the language in question, it being expressly understood that tht 23 parties hereto participated equally or had equal opportunity to participate in the drafting 24 thereof. 25 13. Execution in Counterparts. This Agreement may be executed in rty has signed and delivered at least one such counterpart 26 counterparts, and when each pa 27 each counterpart shall be deemed an original and, when taken together with the other 28 counterparts, shall constitute the Settlement Agreement. RICHARDS, WATSON e GERSHoN Attorneys at Law 12063\0003\631622.4 5 Page 6 of 30 1 IN WITNESS WHEREOF, the parties hereto have each approved and 2 executed this Settlement Agreement on the date set forth below. 3 4 DATED: 1V \L/J O CALIFO I C AS L COMMISSION 5 By: gill 6 7 - 8 DATED: ��.yo_ �v"° CITY OF HUNTINGTON BEACH 9 By: 10 Its: C r 1 k/ 11 12 DATED: CITY OF HUNTINGTON BEACH 13 REDEVELOPMENT AGENCY 14 By: 15 Its: D )y t&/J 1/— 16 DATED: 11/16/2 0 0 0 ROBER MAY R CQ ORATION 17 By: 18 Its: President 19 20 DATED: 11/16/2 0 0 0 MAYER FINANCIAL, L.P. 21 By: ` 22 Its: Vice Pre ' d t/Secretar 23 DATED: 11/16/2 0 0 0 ROBERT MAYER TRUST 24 25 Its: Trustee 26 27 28 [Signatures Cont'd Next Page] RICHARDS, WATSON a GERSHON Attorneys at Law 12063\0003\631622.4 6 Page 7 of 30 1 IN WITNESS WHEREOF, the parties hereto have each approved and 2 executed this Settlement Agreement on the date set forth below. 3 4 DATED: CALIFORNIA COASTAL COMMISSION 5 By: 6 Its: 7 _ 8 DATED: CITY O"UNT GTON EACH 9 By: \\ 10 Its: tey"'t 11 12 DATED: i/- Z° -00 CITY OF HUNTINGTON BEACH 13 REDEY3QLOPM NT AGENCY 14 By: / 15 Its: cif r11 rzM 41V &V 16 DATED: ROBERT MAYER CORPORATION 17 By: 18 Its: 19 20 DATED: MAYER FINANCIAL, L.P. 21 By: 22 Its: 23 DATED: ROBERT MAYER TRUST 24 By: 25 Its: 26 27 28 [Signatures Cont'd Next Page] RICNAROS,WAT30N - GERSNON Attorneys at Law 12063\0003\631622.4 6 Page 8 of 30 1 APPROVED AS TO FORM AND CONTENT: 2 RAALIF JR., CHIEF COUNSEL 3 4 By 5 , Esq.for6 COASTAL COMMISSION 7 8 GAIL HUTTON, CITY ATTORNEY PAUL D. D'ALESSANDRO, DEPUTY CITY ATTORNEY 9 10 By: . 11 Paul D. D'Alessandro j'l � o 0 TO Attorneys for CITY OF HUN IN N BEACH and 12 CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY 13 14 RICHARDS, WATSON & GERSHON 15 16 By: Steven H. Kaufmann 17 Attorneys for ROBE rMAYERORPORATION, MAYER FINANCIAL, L.P. and ROBERT L. MAYER TRUST 18 19 20 21 22 23 24 25 26 27 28 RICHARDS, WATSON a GERSHON Attorneys at law 12063\0003\631622.4 7 Pase 9 of 30 f i i EXHIBIT "A" TO SETTLEMENT AGREEMENT —THE PROPERTY LEG AL D ESCRIPTION 12063\0003\633576.2 Page 10 of 30 EXHIBIT 'A' the "Property" PAGE 1 OF 3 PAGES P.O.B. BEACH BLVD +� ,,,—CONSTRUCTION S 00'17'01" W ! --EAST UNE SEC 14-6-11 1052.24' T.P.O.B.Cc L M DATA IQ NO. DIRECTION DISTANCE / I 1 L 1 S 60'5759" W 30.03 S' 33'03'53" W L2 S 88'48'52" W 15.08' l L3 N 5254'04" W 170.18' L4 N 56'44'15" W 126.00' L5 N 51'02'09" W 122.87' L6 N 56*06*20' W 45.02' L7 N 11'30'02' W 20.77' L8 N 3756'06" E 15.58' L9 N 52'03'54" W 34.00' L 10 S 3756'06" W 16.76' Bp L 11 N 52.03'54" W 9.00' G� L 12 N 52'03'54" W 9.00' L 13 N 3756'06" E 7.28' L 14 N 52'03'54" W 34.00' L 15 S 3756*06" W 14.96'. L 16 S 82'53'34" W 16.4 7' �° L C l �n 117 N 42'f8'fl" E 7.52' T.ri rr� r � L 18 N 4741'18" W 38.35' �� /r,r tL cn L 19 N 89'15'39' W 50.00' �' 1�/jl+/I J 79 0/1 J 0 L9 L8 Gh L 10 t� L13 L ~ L14 L 15 el, CUFAE N'LY LINE L 16 S112 NE1/4 NUMBER DELTA DATA LENGTH '� SEC 14-6-11 �► / C1 16*41'10" 94.00' 27.38' C2 21'3554" 1065.00' 401.47' C3 03'50'11' 1135.00' 76.00' rJ r 2 \ C4 05'42'06"1 1065.00' 105.98' T ri 1 5,:J J J C5 05'33 16' 1135.00 110.03' C6 02'48 13 1060.00' S f.87' C7 05-54'17 2452.00' 252.70' 17 to R.O.W. DEDICATED PER DOC. RECORDED SPT. 1, 1995 AS 50, 100, 200' 400' SINS. N0, 95-0364 743 O.R. moo• L J r /I �,X GRAPHIC SCALE �� AIT 6281 rJ 4 PaaP 1 1 of 30 EXHIBIT 'A' PAGE 2 OF 3 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE I I WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THAT LAND SHOWN AS THE DESIGNATED REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 14, PER SAID TRACT NO. 15535; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF NORTH 89'1539" WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT NO. 15535, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY RIGHT OF WAY SOUTH 00'17'01" WEST 1052.24 FEET TO A POINT ON THE GENERAL NORTHERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER SAID TRACT NO. 15535; THENCE ALONG SAID GENERAL NORTHERLY RIGHT OF WAY, THROUGH THE FOLLOWING COURSES, SOUTH 60'57'59" WEST .30.03 FEET, THENCE SOUTH 88'48'52" WEST 15.08 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 94.00 FEET; THENCE WESTERLY ALONG SAID CURVE 27.38 FEET THROUGH A CENTRAL ANGLE OF 16'41'10" TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET, A LINE RADIAL TO SAID POINT BEARS SOUTH 15'30'02" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 326.48 FEET THROUGH A CENTRAL ANGLE OF 21'35'54"; THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT OF WAY THROUGH THE FOLLOWING COURSES; THENCE TANGENT TO SAID CURVE NORTH 52'54'04" WEST 170.18 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET; THENCE ALONG SAID CURVE 76.00 FEET THROUGH A CENTRAL ANGLE OF 03'50'11"; THENCE TANGENT TO SAID CURVE NORTH 56'44'15" WEST 126.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG SAID CURVE 105.98 FEET THROUGH A CENTRAL ANGLE OF 05'42'06"; THENCE TANGENT TO SAID CURVE NORTH 51'02'09" WEST 122.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET; THENCE ALONG SAID CURVE 110.03 FEET THROUGH A CENTRAL ANGLE OF 05'33'16 THENCE TANGENT TO SAID CURVE NORTH 56'06'20" WEST 45.02 FEET; THENCE NORTH 11*30'02' WEST 20.77 FEET, THENCE NORTH 37'56'06" EAST 15.58 FEET; THENCE NORTH 52'03'54" WEST 34.00 FEET,• THENCE SOUTH 37'56'06" WEST 16.76 FEET; THENCE NORTH 52'0354" WEST 18.00 FEET,• THENCE NORTH 37'56'06' EAST 7.28 FEET: THENCE NORTH 52'03'54" WEST 34.00 FEET: THENCE SOUTH 37 56'06' WEST 14.96 FEET., THENCE SOUTH 82'53'34" WEST 16.47 FEET; THENCE NORTH 56'06'20" WEST 315.97 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1060.00 FEET; THENCE ALONG SAID CURVE 51.87 FEET THROUGH A CENTRAL ANGLE OF O2'48'13" TO A POINT ON THE GENERAL NORTHEASTERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER DOCUMENT RECORDED SEPTEMBER 1, 1995, AS INSTRUMENT NUMBER 95- 0384748, RECORDS OF THE COUNTY OF ORANGE, A LINE RADIAL TO SAID POINT BEARS SOUTH 36'41'S3" WEST; THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY PER SAID TRACT NO. 15535 AND CONTINUING ALONG SAID GENERAL NORTHEASTERLY RIGHT OF WAY PER SAID DOCUMENT, THROUGH THE FOLLOWING COURSES; THENCE NORTH 42'18'11" EAST 7.52 FEET: THENCE NORTH 47'41'18" WEST 38.85 FEET TO THE BEGINNING OF A TANGENT Page 12 of 30 EXHIBIT 'A' PAGE 3 OF 3 PAGES CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2452.00 FEET; THENCE ALONG SAID CURVE 252.70 FEET THROUGH A CENTRAL ANGLE OF 05'34'17' TO SAID NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-OUARTER OF SAID SECTION 14; THENCE LEAVING SAID GENERAL NORTHEASTERLY RIGHT OF WAY, ALONG SAID NORTH LINE SOUTH 89"15'39 EAST 1658.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 22.65 +/- ACRES AS SHOWN ON PAGE 1 OF THIS EXHIBIT A" DATED THIS DAY OF 2000 p LAND SU J SELTON, L.S. 5347 EXP. 12/31/03 E 12131103 lS 5�►� fit' F Of CpL�Ep�` Page 13 of 30 i EXHIBIT "B" [TO SETTLEMENT AGREEMENT] DEGRADED WETLAND AREA— GENERAL CONFIGURATION 12063\0003\633576.2 Page 14 of 30 EXHIBIT 'B' PAGE 1 Of 1 PAGES -- — — ----_— - - -- -- -- — BEACH BOULEVARD i r DEGRADED C WE RE4 existing \ < degraded wetland \ h - 66 'Pt oprwiy'�---r� J 2 'S J. 100' GRAPHIC SCALE Paee 15 of 30 EXH1BrT 'C SUNRISE DRIVF N89'1503 al PAGE I OF 2 PAGES N89'15'39"W 50.00 P.O.B. I LM DATA NO. DIRECTION DISTANCE I I L 1 S 00'17'10' W 257.55' S0' L2 N 8733'37" W 14.00' L3 N 01'08'12' E 8.59' 70'. 68' L4 N 45'11'30"W 65.40' ;n 138' L5 N 85 23'00' W 35.27' �0 L6 S 24'55'48' W 21.31' to L7 N 8717'23' W 48.09' I L8 S 472351' W 104.14' I L9 IS 84'57'19' W 7.30' ., L 10 N 35 2646" W 36.33' 3 I z L 11 N 25'58'40' E 262.04 p L 12 N 2227'35' W 4.50' L 13 N 46'3729' E 23.07' a U in L 14 N 2421'30' E 120.69' i L 15 N 83'27133" E 17.12' Z ; O U L 16 S 02'5537" W 92.82' I L 17 S 52*05*49' W 37.38' 0 25' 5V loot 2w I L 18 S 25'20'52' E 21.31' �� W L19 N 61723'174 E 33.54' GRAPHIC SCALE L20 S 48'29'430 E 37.00' L21 S 13'5724' W 77.40' ' I L22 S 44'05'07" W 34.49' L23 N 56'31'38' W 21.74' L24 S 29'0 1'58' E 26.68' Ll L25 S 78'10'37' E 18.00' L26 N 33'19'31' E--9 . L27 N 00'14'19" E 65.86' I L28 N 89'42'50' E 6.00' L2 T.P.O.P. �19``�0 N �ry J v �L25 i I L7 L3 I L T�ono 1'1 of.n EXHIBIT ,C' SUNRISE R N89'15'3 "w PAGE 1 OF 2 PAGES N89'15'39'W 50.00 P.O.B. I LIE DATA NO. DIRECTION DISTANCE I I L1 S 00'17'10' W 25Z55' S0' L2 N 8733'37' W 14.00' L3 N 01'08'12' E 8.59' 70'. 68' L4 N 45'11'301W 65.40' ul 138' L5 N 85 23'00' W 35.27' co L6 S 24'55'48' W 21.31' L7 N 8717'23' W 48.09' I I L8 S 472351' W 104.14- I L9 S 84'57'19' W 7.30' L 10 N 35 26'46' W 36.33' 3 I z L 11 N 25'58'40' E 262.04 p �° L 12 N 22*2735" W 4.50' L13 N 46'3729" E 23.07' o U L14 N 24*21'30" E 120.69' � I 2 L 15 I N 83-27'33a E 17.12' ' Z ; U L 16 IS 02-55*37' W 9ZB2' I I L 17 S 5705'49" W 37.38' 0 25 w 100' 200' � L 18 S 25'20'520 E 21.31' W I L 19 N 6O'23'17' E 33 54' GRAPHIC SCALE ! L20 S 48'29'43' E 3ZOO' L21 S 13'5724' W 77.40' L22 S 44"05'07" W 34.49' L23 N 56'31'38' W 21.74' L24 S 29'01'58' E 26.68' L1 L25 S 78'10'37' E 18.00' L26 N 33'19'31' E 98.78' L27 N 00'14'19' E 65.86' -J L28 N 89'4250' E 6.00' L2 T.P.O.IB. V r� �19 i �L25 I Co L7 �9 L3 , I o L Page 17 of 30 EXHIBIT 'Cl PAGE 2 OF 2 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA;BEING APORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE -11 WEST OF THE RANCHO LOS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THAT LAND DESIGNATED AS REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14, PER SAID TRACT MAP, THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF, NORTH 89'15'39' WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT MAP; THENCE ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17'O1' WEST 681.85 FEET TO THE TRUE POINT OF BEGINNING: THENCE, CONTINUING ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17'10' WEST 257.55 FEET; THENCE, LEAVING SAID WESTERLY RIGHT OF WAY, NORTH 87"33'37' WEST 14.00 FEET; THENCE NORTH 01'08'12- EAST 8.59 FEET; THENCE NORTH 45'11'30' WEST 65.40 FEET; THENCE NORTH 85'23'00' WEST 35.27 FEET; THENCE SOUTH 24'55'48' WEST 21.31 FEET, THENCE NORTH 8717'23' WEST 48.09 FEET, THENCE SOUTH 47*2351' WEST 104.14 FEET; THENCE SOUTH 84'57'19' . WEST 7.30 FEET; THENCE NORTH 35-26'46' 'WEST 36.33 FEET; THENCE NORTH 25'58'40' EAST 252.04 FEET, THENCE NORTH 22'2735- WEST 4.50 FEET; THENCE NORTH 46'37'29' EAST 23.07 FEET. THENCE NORTH 24'21'30' EAST 120.69 FEET, THENCE NORTH 83'27'33' EAST 17.12 FEET; THENCE SOUTH 02'5537' WEST 92.B2 FEET, THENCE SOUTH 52'05'49' WEST 37.38 FEET; THENCE SOUTH 25*20*520 EAST 21.31 FEET; THENCE NORTH 60'23'17' EAST 33.54 FEET; THENCE SOUTH 4829'43' EAST 37.00 FEET, THENCE SOUTH IX57'24" WEST 77.40 FEET, THENCE SOUTH 44'05'07' WEST 34.49 FEET; THENCE NORTH 56'31'38' WEST 21.74 FEET, THENCE SOUTH 29'01'58' EAST 26.68 FEET; THENCE SOUTH 78'10'37' EAST 18.00 FEET; THENCE NORTH 33'1931' EAST 98.78 FEET, THENCE NORTH 00'14'09' EAST 65.86 FEET, THENCE NORTH 89'42'50' EAST 6.00 FEET, TO SAID WESTERLY RIGHT OF WAY AND THE TRUE POINT OF BEGINNING. CONTAINS 43,651 SQUARE FEET OR 1.002 ACRES OF LAND. MORE OR LESS. AS SHOWN ON PAGE 1 OF THIS EXHIBIT TO I DATED THIS t 3 LAY OF 2000 WD S L EXP. 12/31/03 USELTON, L.S. 5347 jPe. 121311103 J' !S 33�1 OF Page 18 of 30 ►.00 P.O.B. EXHIBIT 'C' PAGE 2 OF 2 PAGES I I LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, 47Y OF ORANGE, STATE- OF CALIFORNIA;BEING A PORTION OF SECTION 14. `0� ISH1P 6 SOUTH, RANGE 11 WEST OF THE RANCHO LOS BOLSAS, AS PER MAP )RDED IN BOOK 51, PAGE 14, RECORDS OF THE COUNTY OF ORANGE. MORE 7CULARLY DESCRIBED AS FOLLOWS: 70'. 68' ;E PORT70NS OF THAT LAND DESIGNATED AS REMAINDER ON MAP THEREOF OF L138' 7 NO. 15535 RECORDED SEPTEMBER 14, 1999 1N BOOK 790, PAGES 44 THROUGH INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY ;RIBED AS FOLLOWS. NNING AT THE NORTHEAST CORNER OF THE SOUTH ONE—HALF OF THE NORTHEAST -QUARTER OF SAID SEC77ON 14, PER SAID TRACT MAP; THENCE ALONG THE THERLY LINE OF SAID SOUTH ONE-HALF, NORTH 89'15'39' WEST 50.00 FEET TO WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN -ON SAID TRACT MAP, Z JCE ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17'01' WEST 681.85 FEET TO Co . p TRUE POINT OF BEGINNING: THENCE, CONTINUING ALONG SAID WESTERLY RIGHT OF U I SOUTH 00'17'10' WEST 257.55 FEET; THENCE. LEAVING SAID WESTERLY RIGHT OF p I NORTH 873337' WEST 14.00 FEET; THENCE NORTH 01'08'12' EAST 8.59 FEET; U JCE NORTH 45'11 30" WEST 65.40 FEET; THENCE NORTH 85'23'00" WEST 35.27 vWi, Z THENCE SOUTH 24'55'48" WEST 21.31 FEET; THENCE NORTH 87'17'23' WEST Z : p 19 FEET; THENCE SOUTH 47'23'51" WEST 104.14 FEET; THENCE SOUTH 84'57'19' T 7.30 FEET; THENCE NORTH 352646' 'WEST 36.33 FEET; THENCE NORTH j I I I i8'40' EAST 262.04 FEET; THENCE NORTH 22'2735" WEST 4.50 FEET; THENCE Ln I TH 46'3729' EAST 23.07 FEET; THENCE NORTH 24'21'30" EAST 120.69 FEET, W YCE NORTH 83'2733' EAST 17.12 FEET; THENCE SOUTH 02'5537' WEST 92.82 r; THENCE SOUTH 52'05'49' WEST 37.38 FEET; THENCE SOUTH 25'20'52" EAST 11 FEET, THENCE NORTH 60'23'17" EAST 33.54 FEET; THENCE SOUTH 48'29'43' T 37.00 FEET; THENCE SOUTH 13°57'24' WEST 77.40 FEET; THENCE SOUTH )5'07' WEST 34.49 FEET; THENCE NORTH 56'31'38' VEST 21.74 FEET; THENCE I -TH 29'01'58" EAST 26.68 FEET; THENCE SOUTH 78'10'37" EAST 18.00 FEET; NCE NORTH .33'1931' EAST 98.78 FEET; THENCE NORTH 00'14'09' EAST 65.86 Z T; THENCE NORTH 89'42'50" EAST 6.00 FEET; TO SAID WESTERLY RIGHT OF WAY O l ► THE TRUE POINT OF BEGINNING. I I STAINS 43,651 SQUARE FEET OR 1.002 ACRES OF LAND, MORE OR LESS. I I SHOWN ON PAGE 1 OF THIS EXHIBIT "C'. I I ED THIS 3 DAY OF 2000 LAND L !l EXP. 12/31/03 I USELTON, L.S. 5347 i I 12131/03 s' �s 534 OF G1.�F�� Pape 19 of 10 EXHIBIT "D" ITO SETTLEMENT AGREEMENT] OPEN SPACE/WETLAND PRESERVATION AND RESTORATION DEED RESTRICTION 12063\0003\633576.2 Page 19 of 30 I RECORDING REQUESTED BY AND RETURN TO: 2 California Coastal Commission 45 Fremont Street, Suite 2000 3 San Francisco, CA 94105-2219 Attn: Legal Division 4 5 OPEN SPACE / WETLAND PRESERVATION AND 6 RESTORATION DEED RESTRICTION 7 8 1. WHEREAS, the City of Huntington Beach Redevelopment Agency, 9 hereinafter referred to as the "Owner," is the record owner of the real property in the City 10 of Huntington Beach, County of Orange, State of California, which is described on 11 Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred 12 to as the "Property"); and 13 II. WHEREAS, Mayer Financial, L.P., is the Developer of the Property 14 and the assignee of all right, title and interest of the Robert L. Mayer Trust in the 15 Property. The Robert Mayer Corporation is, and at various times has been, the agent and 16 representative of Mayer Financial, L.P., and the Robert L. Mayer Trust. The Robert 17 Mayer Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust are hereinafter 18 collectively referred to as "Mayer." 19 III. WHEREAS, the California Coastal Commission, hereinafter referrec 20 to as the "Commission," is acting on behalf of the People of the State of California; and 21 IV. WHEREAS, the subject property is located within the coastal zone 22 as defined in Section 30103 of Division 20 of the California Public Resources Code, 23 hereinafter referred to as the "California Coastal Act of 1976" (the "Act"); and 24 V. WHEREAS, the Property includes an area (the "Degraded Wetland 25 Area") within which there is an existing .696-acre degraded wetland located generally 26 1000 feet inland of the northwest corner of Pacific Coast Highway and Beach Boulevard 27 The Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 28 RICHAROS, WATSON Q GERSHON Attorneys at Law 12063\0003\631622.5 1 Page 20 of 30 I incorporated herein by this reference and described specif cally.on Exhibit "C" attached 2 hereto and incorporated herein by this reference. 3 VI. WHEREAS, on April 11, 2000, the Commission approved, with 4 conditions, Coastal Development Permit No. A-5-HNB-99-275, an application filed by 5 the Robert L. Mayer Trust c/o the Robert Mayer Corporation and the Agency to fill the 6 Degraded Wetland Area in conjunction with the implementation of a wetland and riparian 7 woodland habitat restoration project at the Shipley Nature Center in the City of 8 Huntington Beach. 9 VII. WHEREAS, on September 13, 2000, the Commission adopted 10 Revised Findings to support its decision to approve Coastal Development Permit 11 No. A-5-HNB-99-275, finding that the development, as conditioned, is consistent with 12 the certified City of Huntington Beach Local Coastal Program. 13 V111. WHEREAS, on May 17, 2000, project opponents filed a lawsuit 14 entitled Bolsa Chica Land Trust et al. v. California Coastal Commission et al., Orange 15 County Superior Court Case No. OOCCO5991, seeking to set aside the Commission's 16 approval of Coastal Development Permit No. A-5-HNB-99-275. 17 IX. WHEREAS, on September 14, 1998, the City of Huntington Beach 18 City Council granted the separate application of the Robert Mayer Corporation and Mayer 19 Financial, L.P., for Coastal Development Permit CDP 97-15, approving, inter alia, the 20 construction of the Grand Resort Hotel and Conference Center, located generally on the 21 north side of Pacific Coast Highway, west of Beach Boulevard and east of Huntington 22 Street, in the City of Huntington Beach. 23 X. WHEREAS, on September 22, 1998, the Commission acknowledged 24 receipt of the Cit,/s written Notice of Action on CDP 97-15, thereby commencing a 10 25 working day appeal period. 26 XI. WHEREAS, on October 7, 1998, the Commission wrote the Robert i 27 Mayer Corporation and City, informing them that the 10-day appeal period expired on 28 RICHARDS, WATSON 3 GERSHON .attorneys at Law 12063\0003\631622.5 2 Page 21 of 30 I October 6, 1998, that no appeals were received by the Commission, and that CDP 97-15 2 is therefore final. 3 XII. WHEREAS, pursuant to City of Huntington Beach CDP 97-15, 4 Mayer has undertaken substantial site preparatory work and contends that it has incurred 5 substantial liabilities in preparation for imminent construction of the Grand Coast Resort 6 Hotel and Conference Center. 7 XIII. WHEREAS, on September 12, 2000, the Staff of the Commission 8 issued a written Notice of Suspension to the City, suspending CDP 97-15 pending a 9 further review of the legal adequacy of the City's September 18, 1998 Notice of Action. 10 XIV. WHEREAS, the City, Agency and Mayer contend that said Notice of 1 I Action was, and is, legally adequate and not subject to challenge. 12 XV. WHEREAS, on November , 2000, to resolve their disputed 13 matters, the Commission, City of Huntington Beach, Agency, and Mayer entered into a 14 Settlement Agreement, attached hereto as Exhibit I'D" and incorporated herein by this 15 reference (hereinafter referred to as the "Settlement Agreement"). 16 XVI. WHEREAS, Paragraph 1 of the Settlement Agreement provides as 17 follows: 18 Recordation of Open Space/Wetland Preservation and Restoration Deed Restriction. The Agency shall execute and record a Deed Restriction over 19 the Degraded Wetland Area which limits, in perpetuity, the uses of the Degraded Wetland area to natural open space for wetland preservation and 20 restoration uses. The Deed Restriction shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens that the 21 Executive Director of the Commission determines may affect the enforceability of the Deed Restriction. The Deed Restriction shall be 22 substantially in the form attached hereto as Exhibit I'D," and shall not be removed or changed without a coastal development permit issued by the 23 Commission. The Deed Restriction shall not become effective unless and until the Commission issues the Notice required under Paragraph 2, below, 24 and City of Huntington Beach CDP 97-15 is, and remains, final and not subject to appeal to the Commission. 25 XVII. WHEREAS, Paragraph 2 of the Settlement Agreement further states 26 as follows: 27 28 RICHARDS, WATSON 3 GERSHPN Attorneys al Law 12063\0003\631622.5 3 Page 22 of 30 I Withdrawal of Commission Suspension Notice. Within five (5) days receipt of written proof that the Deed Restriction has been recorded 2 consistent with the terms and conditions of Paragraph 1, above, the Commission, through its Executive Director, shall issue a Notice of 3 Withdrawal of Suspension Notice ("Notice") to the City, with copies to the Agency and the Robert Mayer Corporation, formally withdrawing its 4 September. 12, 2000 Notice of Suspension and advising that City of Huntington Beach CDP 97-15 is final and not subject to appeal to the 5 Commission. The Notice shall be substantially in the form attached hereto as Exhibit "E." The Commission shall take no action thereafter - 6 inconsistent or in conflict with that Notice. 7 XVIII. WHEREAS, Owner has elected to comply with Paragraph 1 of the 8 Settlement Agreement and to execute this Deed Restriction to enable Owner and Mayer tc 9 proceed with the development authorized by City of Huntington Beach CDP 97-15. 10 XIX. WHEREAS, the Parties have entered into the Settlement Agreement 11 without any admission of fault or liability of any kind or of any contention of any of the 12 Parties, but instead to avoid the costs and risks of litigation and to resolve this matter in a 13 manner mutually satisfactory to all of the Parties. 14 NOW, THEREFORE, in consideration of the mutual covenants and 15 agreements set forth in the Settlement Agreement, the Owner hereby irrevocably 16 covenants with the Commission that there be and hereby is created the following 17 restrictions on the use and enjoyment of the Degraded Wetland Area of the Property, to t 18 attached to and become a part of the deed to the Property. 19 1. COVENANT, CONDITION AND RESTRICTION. The 20 undersigned Owner, for itself and for its heirs, assigns and successors in interest, 21 covenants and agrees that: 22 the use of the Degraded Wetland Area as shown on Exhibits B and C, attached hereto and incorporated herein by reference, shall be limited to 23 natural open space for wetlands preservation and restoration uses. No development as defined in Public Resources Code section 30106, attaches 24 hereto as Exhibit E and incorporated herein by reference, including but nc limited to removal of trees and other major or native vegetation, grading, 25 ppavirig, installation of structures such as signs,buildings, etc. shall occur t be allowed on the Degraded Wetland Area with the exception of the 26 following subject to applicable governmental regulatory requirements: 27 (a) the removal of hazardous substances or conditions or diseased plar or trees; 28 RICHARDS, WATSON h GERSHON Attorneys at Law 12063\0003\631622.3 4 Page 23 of 30 1 (bJ environmental education uses pursuant to a coastal development permit, if required; and 2 (c) wetland restoration uses pursuant to a coastal development permit, if 3 required. 4 2. DURATION. This Deed Restriction shall not become effective 5 unless and until the Commission issues the Notice required under Paragraph 2 of the 6 Settlement Agreement, and City of Huntington Beach CDP 97-15 is, and remains, final 7 and not subject to appeal to the Commission. Once effective, the Deed Restriction shall 8 remain in full force and effect in perpetuity, unless subsequently removed or changed by a 9 Coastal Development Permit issued by the Commission, and thereby confers benefit upon 10 the Property described herein, and shall bind Owner and all its assigns or successors in 11 interest. 12 3. RIGHT OF ENTRY. The Commission or its agent may enter on to 13 the Degraded Wetland area of the Properly from Beach Boulevard at times reasonably 14 acceptable to the Owner to ascertain whether the use restrictions set forth above are being 15 observed. 16 4. REMEDIES. Any act, conveyance, contract, or authorization by the 17 Owner, whether written or oral, which uses or would cause to be used or would permit 18 use of the Property contrary to the terms of this Deed Restriction will be deemed a 19 violation and a breach hereof. The Commission and the Owner may pursue any and all 20 available legal and/or equitable remedies to enforce the terms and conditions of this Deed 21 Restriction. In the event of a breach, any forbearance on the part of either party to 22 enforce the terms and provisions hereof shall not be deemed a waiver of enforcement 23 right regarding any subsequent breach. 24 5. TAXES AND ASSESSMENTS. It is intended that this Deed 25 Restriction is irrevocable and shall constitute an enforceable restriction within the 26 meaning of(a) Article XIII, section 8,.of the California Constitution; and (b) section 27 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, 28 this Deed Restriction shall be deemed to constitute a servitude upon and burden to the RICHAROS, WATSON if GERSHON Attorneys at Law 1206310003\631622.5 5 Page 24 of 30 I property within the meaning of section 3712(d) of the California Revenue and Taxation 2 Code, or successor statute, which survives a sale of tax-deeded property. 3 6. SEVERABILITY. If any provision of these restrictions is held to 4 be invalid, or for any reason becomes unenforceable, no other provision shall be thereby 5 affected or impaired. 6 7 Dated: , 2000 8 - 9 SIGNED: 10 PRINT OR TYPE NAME OF ABOVE 11 12 * * NOTARY ACKNOWLEDGMENT ON THE NEXT PAGE 13 14 15 16 i 17 18 19 20 21 22 23 24 25 26 27 28 RICHARDS, WATSON a GERSHON 6 Attorneys at Law 12063\0003\631622.5 Page 25 of 30 I STATE OF CALIFORNIA COUNTY OF ORANGE 2 3 On before me, , a Notary Public 4 personally appeared , personally known 5 to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose 6 name(s) is/are subscribed to the within instrument and acknowledged to me that 7 he/she/they executed the same in his/her/their authorized capacity(ies), and that by 8 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of 9 which the person(s) acted, executed the instrument. 10 WITNESS my hand and official seal. 11 12 Signature 13 14 III 15 16 HI 17 18 19 20 21 22 23 24 25 26 27 28 •RICHARDS, WATSON 4 GERSHON 7 Attorneys at Law 12063\0003\631622.5 Page 26 of 30 i I This is to certify that the deed restriction set forth above is hereby 2 acknowledged by the undersigned officer on behalf of the California Coastal Commission 3 pursuant to authority conferred by the California Coastal Commission when it executed 4 the Settlement Agreement attached hereto as Exhibit I'D" and the California Coastal 5 Commission consents to recordation thereof by its duly authorized officer. 6 7 Dated: 8 9 10 California Coastal Commission 11 STATE OF CALIFORNIA 12 COUNTY OF SAN FRANCISCO 13 On before me, , a Notary Public 14 personally appeared , personally known 15 to me (or proved to me on the basis.of satisfactory evidence) to be the person(s) whose 16 name(s) is/are subscribed to the within instrument and acknowledged to me that 17 he/she/they executed the same in his/her/their authorized capacity(ies), and that by 18 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of 19 which the person(s) acted, executed the instrument. 20 WITNESS my hand and official seal. 21 Signature 22 23 24 25 ' 26 27 28 RICHARDS,YVATSON 6 GERSHoN Attorneys at Law 12063\0003\631622.5 8 Page 27 of 30 EXHIBITS A-E TO OPEN SPACE/WETLAND PRESERVATION AND RESTORATION DEED RESTRICTION OMITTED AND NOT REPEATED HERE 12063\0003\633576.1 Page 28 of 30 EXHIBIT "E" [TO SETTLEMENT AGREEMENT] NOTICE OF WITHDRAWAL OF SUSPENSION NOTICE 12063\0003\633576.2 Page 29 of 30 Director i48 ►tion Suite 1050 �-8680 itington Beach CDP 97-15 ;emission No. 5-HNB-98-203 form you that the suspension notice, issued by letter dated j Deborah N. Lee to Howard Zelefsky, is hereby formally withdrawn. Agreement entered into by and between the Commission, the City of ptington Beach Redevelopment Agency and the Mayer-related entities le Commission has determined that City of Huntington Beach CDP 97-15 (5-HNB-98-203) is final and no longer subject to appeal to Sincerely, PETER M. DOUGLAS Executive Director EMENT] :)N NOTICE i Page 30 of 30 Date Mr. Howard Zelefsky Community Development Director City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Mr. Steven Bone The Robert Mayer Corporation 660 Newport Center Drive, Suite 1050 Newport Beach, CA 92658-8680 Re: City of Huntington Beach CDP 97-15 Coastal Commission No. 5-HNB-98-203 Dear Gentlemen: This is to inform you that the suspension notice, issued by letter dated September 12, 2000, from Deborah N. Lee to Howard Zelefsky, is hereby formally withdrawn. Pursuant to the Settlement Agreement entered into by and between the Commission, the City of Huntington Beach, the Huntington Beach Redevelopment Agency and the Mayer-related entities on November_, 2000, the Commission has determined that City of Huntington Beach Development Permit No. CDP 97-15 (5-HNB-98-203) is final and no longer subject to appeal to the Commission. Sincerely, PETER M. DOUGLAS Executive Director 12063\0003\632792.1 Page 30 of 30 L 1 , i EXHIBIT "E" CAL. PUBLIC RESOURCES CODE SECTION 30106 12063\0003\633576.2 Page I of 2 § 30106. Development "Development" means, on land, in or under water, the placement or erection of any solid. material -or structure; discharge or disposal or any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in: the density- or intensity of use of land, including, but not limited to, subdivision pursuant.to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency .for public recreational use; change 'in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or altera- tion of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, "structure" includes, but is not limited to, any f building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. (Added by Stats.1976, c. 1330, § 1.) Page 2 of 2 CITY OF HUNTINGTON BEA CH INTERDEPARTMENTAL COMMUNICATION HUNTLYGTON BEACH J [ if 7 � / `.c..%;✓_� .;� TO: Paul D'Alessandro, Assistant City Attorney FROM: Connie Brockway, City Clerk c$ DATE: September 26, 2001 SUBJECT: Deed Restriction COPY: Gail Hutton, City Attorney 1) Ms. Deborah Bove, Legal Analyst, Coastal Commission informed me that all of the original documents are in the custody of the Coastal Commission. I believe she must be correct as the City Clerk's Office only received copies of these documents after I asked the Mayer Corporation. Please see the Mayer Corporation's response to me 2/9/01 wherein Shawn Millbern informed me he sent copies to the City Attorney's Office and that the Coastal Commission has the originals. 2) The copies Shawn Millbem sent to me following my request were conformed copies and were missing pages and contained duplicate pages. 3) It was then that Ms. Bove informed me that Coastal Commission legal counsel advised her that they (the Coastal Commission)would keep the originals and could not give them to me. 4) The copy of the recorded document you provided to me shows that the Coastal Commission has the originals. I would appreciate your office askin the Coastal Commission too provide the City with the orig inal documents. t th' Shy — th 1 but4s-na�— Cbmemo/2000-2jc 5) Should you discover through talking with the Coastal Commission legal counsel that they do have the originals, will you request custody by the City? If this cannot be accomplished will you ask them to provide a copy of their original document should they be requested again? The Coastal Commission is certifying copies that are not from the original. 6) Will the City Attorney's Office or another department provide the City Clerk's Office with a Final Title Report when the site is transferred to the developer? The City Clerk's Office will require a brief memo from the City Attorney certifying that all of the original documents that you obtained from the Recorder can be officially filed in the City Clerk's Office. This is necessary as the original documents were not approved as to form by the City Attorney, as is your policy. I Cbmemo/2000-2jc THE ROBERT MAYER )p 8(" 6ORPORATION BY HAND DELIVERY Ms. Connie Brockway N ' City Clerk %t0� City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Re: The Waterfront Degraded Wetland Settlement Agreement and Other Documents Dear Ms. Brockway: Per your request of Cynthia Vallana of The Robert Mayer Corporation, I am enclosing for you copies of the following documents which have previously been sent to Mr. Paul D'Allessandro of the City Attorney's office. 1. Copy of fully executed Settlement Agreement. 2.- Copy of fully executed and recorded Open Space / Wetland Preservation and Restoration Deed Restriction (the "Deed Restriction"). (The recorded original is in the possession of the Coastal Commission.) 3. Copy of fully executed and recorded Subordination Agreement. (The recorded original is in the possession of the Coastal Commission.) i 4. ilCopy of First American Title Insurance Company-Preliminary Report dated January 02, 2001 Ar%r l evidencing recordation of the Deed Restriction and Subordination Agreement. 14�<<5. Copy of letter dated January 23, 2001, executed by Peter Douglas, Executive Director of the California Coastal Commission, confirming the finality of Coastal Development Permit 97-15 pursuant to the Settlement Agreement. 6. Copy of letter dated January 25, 2001, executed by the Mayer related entities and Ray Silver on behalf of the Redevelopment Agency abandoning Coastal Development Permit A-5-HNB-99-275 pursuant to the Settlement Agreement. I believe these are all of the documents related to this Settlement Agreement and should complete your file on this matter. If there is anything further I can help you with, please don't hesitate to call me at 949-5 -8557 ext. 251. Sincei Shawn K. Millbern Sr. Vice President 66M&port Center Drive,Suite 1050 Box 8680 Newport Beach,California 92658-8680 - (949)759-8091 • CITY OF HUNTINGTON BEACH Inter-Department Communication TO: Connie Brockway, City/Agency Clerk FROM: Gail Hutton, City Attorney/Agency General Counsel DATE: September 21, 2001 SUBJECT: Review of Recorded Deed Restriction RLS 2001-0238 BACKGROUND On November 20, 2000, the City Council and Redevelopment Agency approved a settlement agreement concerning a dispute with the Coastal Commission over a portion of the property subject to the Waterfront DDA. As part of the settlement, the Council/Agency authorized the recordation of a deed restriction on a portion of the property. The deed restriction was executed by the Mayor/Chairman Pro Tem and recorded as specifically authorized by the Council/Agency on November 20, 2000. Conformed copies of the deed restriction were then forwarded to the Coastal Commission, along with a preliminary title report. The preliminary title report was issued to provide evidence to the Coastal Commission that the deed restriction had, in fact,been recorded. Upon your inquiry, the Coastal Commission provided you with a certified copy of its copy of the deed restriction, and you noticed that on the Coastal Commission's copy, some words were crossed out of the title, some hand written notations were made to the document, and a disclaimer stamp from the title company was affixed to the document. ISSUES What is the legal effect of the changes that appear on the copy of the deed restriction that was provided to you by the Coastal Commission? When will a final title report will be issued? ANSWERS Although the document sent to you by the Coastal Commission may in fact be a correct copy of the document that is in the Coastal Commission's file, it is not a correct copy of the document that was recorded. We have obtained a certified copy from the County Recorder of the original document that was recorded. It is attached hereto as Attachment No. 1. I 1 4-2000Memos:City Clerk—Review of Deed Restriction RLS 2001-0238 Our examination of the official, certified copy of the document from the Recorder's office reveals that the title of the document as recorded was not changed from the document approved by the Council/Agency. The changes to the title of the copy of the document sent to you by the Coastal Commission were apparently made by the Coastal Commission,only to their copy, after the document was recorded. These changes have no legal effect. The handwritten notes on the document sent to you by the Coastal Commission do not appear on the official version, and were apparently written only onto the Coastal Commission's copy. This action has no legal effect. The standard disclaimer stamp applied by the title company to the original recorded document is affixed to indicate that the title company is merely recording the document as a service to the property owner, and that the title company has not reviewed the document for its potential legal effect. This stamp has no legal effect on the operation of the deed restriction itself. As to the preliminary title report,my understanding is that it was issued to provide evidence to the Coastal Commission that the document had been recorded. I do not believe that there are any plans on behalf of the City/Agency to obtain a final title report at this time, except as may be required pursuant to the transfer of the site to the developer pursuant to the DDA. If you have any further questions regarding this issue,please contact me at your earliest convenience. D � GAIL HUTTON City Attorney/Agency General Counsel cc: Honorable Mayor/Chairman and City Council/Agency Members Ray Silver, City Administrator/Executive Director David Biggs, Director of Economic Development/Deputy Executive Director Howard Zelefsky, Planning Director Attachments: 1. Certified copy of deed restriction from Recorder's Office 2. City Clerk's original transmittal to City Attorney dated 3-29-01 2 4-2000Memos:City Clerk—Review of Deed Restriction RLS 2001-0238 — ATTACHMENT NO. 1 � I FECOROING REQUESTED BY • F�MIAICAM 1filF 11�IICE Cga'1►Y Recorded in Official Records,County of Orange t RECORDING REQUESTED BY AND Gary L. Granville, Clerk-Recorder RETURN TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII N O F E 2 California Coastal Commission ot Street, Suite 200 3 San F45 ra cis o, CA 94105-2219 20000689468 04:30pm 12/19/ 0 Attn,: Legal Division 121 15 D12 49 4 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5 OPEN SPACE/WETLAND PRESERVATION AND 6 RESTORATION DEED RESTRICTION 7 8 I. WHEREAS,the City of Huntington Beach Redevelopment Agency, 9 hereinafter referred to as the "Owner,"is the record owner of the real property in the City 10 of Huntington Beach,County of Orange, State of California,which is described on 11 Exhibit"A" attached hereto and incorporated herein by this reference(hereinafter referred I� 12 to as the "Property"); and v 13 II. WHEREAS,Mayer Financial,L.P., is the Developer of the Property 0 14 and the assignee of all right, title and interest of the Robert L. Mayer Trust in the 15 Property. The Robert Mayer Corporation is, and at various times has been, the agent and 16 representative of Mayer Financial, L.P.,and the Robert L. Mayer Trust. The Robert 17 Mayer Corporation, Mayer Financial,L.P.,and Robert L. Mayer Trust are hereinafter 18 collectively referred to as"Mayer." 19 1I1. WHEREAS,the California Coastal Commission, hereinafter referred 20 to as the"Commission," is acting on behalf of the People of the State of California; and 21 IV. . WHEREAS,the subject property is located within the coastal zone 22 as defined in Section 30103 of Division 20 of the California Public Resources Code, 23 hereinafter referred to as the "California Coastal Act of 1976" (the "Act"); and 24 V. WHEREAS,the Property includes an area(the "Degraded Wetland 25 Area")within which there is an existing .696-acre degraded wetland located generally 26 1000 feet inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. 27 The Degraded Wetland Area is delineated generally on Exhibit"B" attached hereto and 28 /// THIS INSTRUMENT FILED FOR RECORD BY RIGNARD8,WATSON FMST AMERICAN TITLE INSURANCE COMPANY AS AN Q GBRSNON Atloinays at I.S. 1 206 3/0003163 1 622.5 1 ACCOMMODATION ONLY. IT HAS NOT BEEN EXAMINED AS TO ITS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE T T 1 incorporated herein by this reference and described specifically on Exhibit 'ICI attached 2 hereto and incorporated herein by this reference. 3 VI. WHEREAS,on April 11, 2000, the Commission approved, with 4 conditions, Coastal Development Permit No. A-5-HNB-99-275, an application filed by 5 the Robert L. Mayer Trust c/o the Robert Mayer Corporation and the Agency to fill the 6 Degraded Wetland Area in conjunction with the implementation of a wetland and riparian 7 woodland habitat restoration project at the Shipley Nature Center in the City of 8 Huntington Beach. 9 VII. WHEREAS, on September 13, 2000,the Commission adopted I 10 Revised Findings to support its decision to approve Coastal Development Permit 11 No. A-5-HNB-99-275, finding that the development,as conditioned, is consistent with 12 the certified City of Huntington Beach Local Coastal Program. 13 VI1I. WHEREAS, on May 17,2000, project opponents filed a lawsuit 14 entitled Bolsa Chica Land Trust, et al. v. California Coastal Commission, et al.,Orange 15 County Superior Court Case No. OOC.CO5991,seeking to set aside the Commission's 16 approval of Coastal Development Permit No. A-5-HNB-99-275. 17 IX. WHEREAS,on September 14, 1998,the City of Huntington Beach 18 City Council granted the separate application of the Robert Mayer Corporation and Mayer 19 Financial, L.P., for Coastal Development Permit CDP 97-15, approving, inter ilia,the 20 construction.of the Grand Resort Hotel and Conference Center, located generally on the 21 north side of Pacific Coast Highway, west of Beach Boulevard and east of Huntington 22 Street, in the City of Huntington Beach. 23 X. WHEREAS,on September 22, 1998,the Commission acknowledged 24 receipt of the City's written Notice of Action on CDP 97-15,thereby commencing a 10 25 working day appeal period. 26 XI. WHEREAS, on October 7, 1998,the Commission wrote the Robert 27 Mayer Corporation and City, informing them that the 10-day appeal period expired on 28 RICHARDS, WATSON tt cGRS at Law AttorneysMON 12063\0003\631622.5 2 t I October 6, 1998, that no appeals were received by the Commission, and that CDP 97-15 2 is therefore final. 3 XII. WHEREAS,pursuant to City of Huntington Beach CDP 97-15, 4 Mayer has undertaken substantial site preparatory work and contends that it has incurred 5 substantial liabilities in preparation for imminent construction of the Grand Coast Resort 6 Hotel and Conference Center. 7 XIII. WHEREAS, on September 12, 2000,the Staff of the Commission 8 issued a written Notice of Suspension to the City, suspending CDP 97-15 pending a 9 further review of the legal adequacy of the City's September 18, 1998 Notice of Action. 10 XIV. WHEREAS, the City,Agency and Mayer contend that said Notice of I Action was, and is,legally adequate and not subject to challenge. 12 XV. WHEREAS, on November 29, 2000, to resolve their disputed 13 matters,the Commission, City of Huntington Beach,Agency, and Mayer entered into a 14 Settlement Agreement, attached hereto as Exhibit "D" and incorporated herein by this 15 reference(hereinafter referred to as the "Settlement Agreement"). 16 XVI. WHEREAS,Paragraph 1 of the Settlement Agreement provides as 17 follows: 18 Recordation of Open nace/Wetland Preservation and Restoration Deed Restriction. The Agency shall execute and record a Deed Restriction over 19 the De tied Wetland Area which limits, in perpetuity,the uses of the De ed Wetland area to natural open space for wetland preservation and 20 restoration uses. The Deed Restriction shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens that the 21 Executive Director of the Commission determines may affect the enforceability of the Deed Restriction. The Deed Restriction shall be 22 substantially in the form attached hereto as Exhibit "D," and shall not be removed or changed without a coastal development permit issued by the 23 Commission. The Deed Restriction shall not become effective unless and until the Commission issues the Notice required under Paragraph 2,below, 24 and City of Huntington Beach CDP 97-151s, and remains, final and not subject to appeal to the Commission. 25 XVII. WHEREAS,Paragraph 2 of the Settlement Agreement f n--ther states 26 as follows: 27 28 RICMA1l Ds.WATlON e G¢asMory AtIamays.t Law 12063\0003\631622.5 3 _ � t I Withdrawal of Commission Susl2ension Notice. Within five(5) days receipt of written proof that the Deed Restriction has been recorded 2 consistent with the terms and conditions of Paragraph 1, above, the Commission, through its Executive Director, shall issue a Notice of 3 Withdrawal of Suspension Notice ("Notice") to the City, with copies to the Agency and the Robert Mayer Corporation, formally withdrawing its 4 September 12, 2000 Notice of Suspension and advising that City of Huntington Beach CDP 97-15 is final and not subject to appeal to the 5 Commission. The Notice shall be substantially in the form attached hereto as Exhibit "E." The Commission shall take no action thereafter 6 inconsistent or in conflict with that Notice. 7 XVIII. WHEREAS,Owner has elected to comply with Paragraph 1 of the 8 Settlement Agreement and to execute this Deed Restriction to enable Owner and Mayer to I 9 proceed with the development authorized by City of Huntington Beach CDP.97-15. 10 XIX. WHEREAS,the Parties have entered into the Settlement Agreement 11 without any admission of fault or liability of any kind or of any contention of any of the 12 Parties,but instead to avoid the costs and risks of litigation and to resolve this matter in a 13 manner mutually satisfactory to all of the Parties. 14 NOW,THEREFORE,in consideration of the mutual covenants and 15 agreements set forth in the Settlement Agreement,the Owner hereby irrevocably 16 covenants with the Commission that there be and hereby is created the following 17 restrictions on the use and enjoyment of the Degraded Wetland Area of the Property, to be 18 attached to and become a part of the deed to the Property. 19 1. COVENANT, CONDITION AND RESTRICTION. The 20 undersigned Owner, for itself and for its heirs, assigns and successors in interest, 21 covenants and agrees that: 22 the use of the Degraded Wetland Area as shown on Exhibits B and C, attached hereto and incorporated herein by reference, shall be limited to 23 natural open space for wetlands preservation and restoration uses. No development as defined in Public Resources Code section 30106, attached 24 hereto as Exhibit E and incorporated herein by reference, including but not limited to removal of trees and other major or native vegetation, grading, 25 paving, installation of structures such as signs,buildings, etc. shall occur or be allowed on the Degraded Wetland Area with the exception of the 26 following subject to applicable governmental regulatory requirements: 27 (a) the removal of hazardous substances or conditions or diseased plants or trees; 28 Ricw AROi.WATSON a G6RBHON Attorneys at Law 12063\0003\631622.5 4 1 (b) environmental education uses pursuant to a coastal development permit, if required; and 2 (c) wetland restoration uses pursuant to a coastal development permit, if 3 required. 4 2. DURATION. This Deed Restriction shall not become effective 5 unless and until the Commission issues the Notice required under Paragraph 2 of the 6 Settlement Agreement, and City of Huntington Beach CDP 97-15 is, and remains, final 7 and not subject to appeal to the Commission. Once effective, the Deed Restriction shall 8 remain in full force and effect in perpetuity, unless subsequently removed or changed by a 9 Coastal Development Permit issued by the Commission, and thereby confers benefit upon 10 the Property described herein, and shall bind Owner and all its assigns or successors in 11 interest. 12 3. RIGHT OF ENTRY. The Commission or its agent may enter on to 13 the Degraded Wetland area of the Property from Beach Boulevard at times reasonably 14 acceptable to the Owner to ascertain whether the use restrictions set forth above are being 15 observed. 16 4. REMEDIES. Any act, conveyance, contract,or authorization by the 17 Owner,whether written or oral, which uses or would cause to be used or would permit 18 use of the Property contrary to the terms of this Deed Restriction will be deemed a 19 violation and a breach hereof. The Commission and the Owner may pursue any and all 20 available legal and/or equitable remedies to enforce the terms and conditions of this Deed 21 Restriction. In the event of a breach, any forbearance on the part of either party to 22 enforce the terms and provisions hereof shall not be deemed a waiver of enforcement 23 right regarding any subsequent breach. 24 5. TAXES AND ASSESSMENTS. It is intended that this Deed 25 Restriction is irrevocable and shall constitute an enforceable restriction within the 26 meaning of(a)Article XIII, section 8, of the California Constitution; and(b) section 27 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, 28 this Deed Restriction shall be deemed to constitute a servitude upon and burden to the RICNAROS.WATSON s Gansmon 5 Attorneys at law 12063\0003\631622.5 s I property within the meaning of section 3712(d) of the California Revenue and Taxation 2 Code, or successor statute, which survives a sale of tax-deeded property. 3 6. SEVERABILITY. If any provision of these restrictions is held to 4 be invalid, or for any reason becomes unenforceable, no other provision shall be thereby 5 affected or impaired. 6 7 Dated: //- 2. cl , 2000 8 REDEVELOP AGENC OF THE CITY OF HUNTINGTON BEACH 9 SIGNED: 10 Tom Harman, Chairman Pro Tem PRINT OR TYPE NAME OF ABOVE 11 12 * * NOTARY ACKNOWLEDGMENT ON THE NEXT PAGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 i 28 McHARDS•WATSON - a GERSHON Attorneys at Law 12063\0003\631622.5 6 I STATE OF CALIFORNIA COUNTY OF ORANGE 2 3 On N"ems Mi lM before me, C.4,{IWO- 4, A lens , a Notary Public 4 personally appeared !-Zt,rrv►" , p� 'aaall kRewn 5 t&ine4erproved to me on the basis of satisfactory evidence)to be the person(&) whose 6 name(ls�gafe subscribed to the within instrument and acknowledged to me that 7 (Osho4thwy executed the same i it authorized capacity(ies), and that by 8 ( it signature(g) on the instrument the personts), or the entity upon behalf of 9 which the person(v) acted,executed the instrument. 10 WITNESS my hand and official seal. 11 �A.�� 12 Signature o�"°�"vPCV'o� I Comm P 0 Jwz3,a4 13 /// M6- - - - - - - - - 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 23 24 /// 25 26 27 /// 28 RICMARO'J WAYSON e G¢w•stt La AttamtlYf at Law 12063\0003\631622.5 7 1 I This is to certify that the deed restriction set forth above is hereby 2 acknowledged by the undersigned officer on behalf of the California Coastal Commission 3 pursuant to authority conferred by the California Coastal Commission when it executed 4 the Settlement Agreement attached hereto as Exhibit "D" and the California Coastal 5 Commission consents to recordation thereof by its duly authorized officer. 6 7 Dated: 1r, 2-000 8 9 10 o n Bowers, Staff Counsel California Coastal Commission 11 STATE OF CALIFORNIA 12 COUNTY OF SAN FRANCISCO 13 On /)- I s 00 before me, Deborah L. Bove , a Notary Public 14 personally appeared John Bowers ,personally known 15 to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose 16 name(s)is/are subscribed to the within instrument and acknowledged to me that 17 he/she/they executed the same in his/her/their authorized capacity(ies), and that by 18 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of 19 which the person(s) acted, executed the instrument. 20 WITNESS my hand and official seal. 21 Signature `��� DEBOW1 L. BOVE 22 s COMM. #1239052 'o NOTARY PUBLIC.Ca_IFORNW SAN FRANCISCO COUNTY 23 MWY comm.Fires Oct 21.2003 24 25 26 27 28 RICHARDS.WATSON 6 GteyLaw 12063\0003\631622.5 8 Attorneys at at Le r r EXHIBIT "A" THE PROPERTY—LEGAL DESCRIPTION 12063`•0003`.63 3 576.1 Page 1 of 4 EXHIBIT 'A' the "Property" PAGE 1 OF 3 PAGES P.0.8. BEACH BLV 00 .,-CONSTRUCTION ` �. 00'17'01" w SST Lrrvf SEC r 4-6-r 1 1052.24' r �i >•P.O.B. LJNE DATA NO. DIRECTION DISTANCE / I +� L 1 S 60'5759" W 30.03' S 33'03 53' W (R l °C L2 S 88'4852" W 15.08' T z L3 N 52'54'04" W 170.18' / L4 IN 56'44'15" W 126.00' L5 N 51'02'09" W 122.87' i L6 N 56'06'20" W 45.02' L 7 N 11'30'02" W 20.77' L8 N 3756'06" E 15.58' ,� 9 L9 IN 52'0354" W 34.00' LID S 3756'06" W 16.76' a 01 N 52'03'54" W 9.00' ci L 12 N 52-03-54" W 9.00' L 13 N 3756'06" £ 7.28' L 14 IN 52'03'54' W 34.00' L 15 S 3756'06" W 14.96' L 16 S 82'53 34" W 16.47' Va !J r I L17 N 4718'11" E 7.52" TP, IJJJJ L 18 N 4741'18' W 38.85' i+IM11B 790/% �- Li9 N 89'1539" W 50.00' L9 L8 Gh LID L13 L L14 L 15 ��i CURVE DATA N'LY LINE L 16 � S 1/2 NE 1/4 NUMBER DELTA RADIUS LENGTH SEC 14-6-11 Cl 16*41'10" 94.00' 27.38' A ,h°' cy0 �J� ` C2 21'3554" t 065.00' 401.4 7' C3 03'5011' 1135.00' 76.00' L C;r 2 ` C4 05'42'06" 1065.00' 105.98' dcl- T`' IJ J JJ C5 05'33'16' 1135.00' 110.03, t� \�,pJ �\G r� w, e'er P�1 Q M3 79 014 -j 0 C6 WOW 1060.00' 51.87' C7 05*54'170 2452.00' 252.70' R.O.W. DEDICATED PER DOC. Z- gyp, RECORDED SPT. 1, 1995 AS 5011 2 *` "INS. NO. 95-OJ64748 O.R. ': i--\ GRAPHIC SCALE mmmwlm Page 2 of 4 r EXHIBIT 'A' PACE 2 OF 3 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LAS BOLSAS. AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS. A PORTION OF THAT LAND SHOWN AS THE DESIGNATED REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 14, PER SAID TRACT NO. 15535; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF NORTH 89'15'39' WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT NO. 15535, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE ALONG SAID WESTERLY RIGHT OF WAY SOUTH 00'17'01" WEST 1052.24 FEET TO A POINT ON THE GENERAL NORTHERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE. DEDICATED PER SAID TRACT NO. 15535, THENCE ALONG SAID GENERAL NORTHERLY RIGHT OF WAY, THROUGH THE FOLLOWING COURSES, SOUTH 60'57 59" WEST 30.03 FEET; THENCE SOUTH 88'4852" WEST 15.08 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE NORTHERLY, HAVING A RADIUS OF 94.00 FEET, THENCE WESTERLY ALONG SAID CURVE 27.38 FEET THROUGH A CENTRAL ANGLE OF 16'41.10" TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET, A LINE RADIAL TO SAID POINT BEARS SOUTH 15'30 02" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 326.48 FEET THROUGH A CENTRAL ANGLE OF 21'35547; THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT OF WAY THROUGH THE FOLLOWING COURSES; THENCE TANGENT TO SAID CURVE NORTH 52'54'04' WEST 170.18 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET, THENCE ALONG SAID CURVE 76.00 FEET THROUGH A CENTRAL ANGLE OF 03'50'11"; THENCE TANGENT TO SAID CURVE NORTH 56'44'15' WEST 126.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG SAID CURVE 105.98 FEET THROUGH A CENTRAL ANGLE OF 05'42'06": THENCE WENT TO SAID CURVE NORTH 51'02'09" WEST 122.87 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET. THENCE ALONG SAID CURVE 110.03 FEET THROUGH A CENTRAL ANGLE OF 05'33'16 THENCE TANGENT TO SAID CURVE NORTH 56*06*20" WEST 45.02 FEET; THENCE NORTH 11'30'02" WEST 20.77 FEET; THENCE NORTH 37'56'05" EAST 15.58 FEET; THENCE NORTH 5703'54" WEST 34.00 FEET. THENCE SOUTH 37'56'06' WEST 16.76 FEET; THENCE NORTH 52'03'54" WEST 1&00 FEET; THENCE NORTH 3756'06' EAST 7.28 FEET: THENCE NORTH 52'03'54" WEST 34.00 FEET: THENCE SOUTH 37'56'06" WEST 14.96 FEET: THENCE SOUTH 82'53'34" WEST 16.47 FEET; THENCE NORTH 56'06'20' WEST 315.97 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1060.00 FEET; THENCE ALONG SAID CURVE 51.87 FEET THROUGH A CENTRAL ANGLE OF 02'48'13" TO A POINT ON THE GENERAL NORTHEASTERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER DOCUMENT RECORDED SEPTEMBER 1, 1995, AS INSTRUMENT NUMBER 95- 0384748, RECORDS OF THE COUNTY OF ORANGE, A LINE RADIAL TO SAID POINT BEARS SOUTH 36'41'53" WEST, THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY PER SAID TRACT NO. 15535 AND CONTINUING ALONG SAID GENERAL NORTHEASTERLY RIGHT OF WAY PER SAID DOCUMENT, THROUGH THE FOLLOWING COURSES; THENCE NORTH 4718.11" EAST 7.52 FEET: THENCE NORTH 47"41'18" WEST 38.85 FEET TO THE BEGINNING OF A TANGENT Page 3 of 4 EXHIBIT 'A' PACE 3 OF 3 PACES CURVE. CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2452.00 FEET,• THENCE ALONG SAID CURVE 252.70 FEET THROUGH A CENTRAL ANGLE OF 05'54'17" TO SAID NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-OUARTER OF SAID SECTION 14; THENCE LEAVING SAID GENERAL NORTHEASTERLY RICHT OF WAY, ALONG SAID NORTH LINE SOUTH 89'15'39' EAST 1658.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 22.65 +/— ACRES AS SHOWN ON PAGE 1 OF THIS EXHIBIT W. DATED THIS _''3 DAY OF ! ►ov�G►h�,b_�' . 2000 LAND L � �� J ELTON, L.S. 534 7 11/31/03 E . 12/31/03 OF cxt\E��` Page 4 of 4 1 f EXHIBIT "B" DEGRADED WETLAND AREA—GENERAL CONFIGURATION 12063\0003\633576.1 Page 1 of 2 EXhWF PAGE 1 OF 1 PAGES BEACH BOULEVARD DEGRADED ,� C wE existing d ivkt�ng the wpropwty*-----,,j .3 . , . GRAPHIC SCALE Page 2 of 2 EXHIBIT "C" DEGRADED WETLAND AREA—LEGAL DESCRIPTION 12063\0003\633576.1 Pagel of 3 H ' �`+� NR! N89'75' `ITV PAGE i OF 2 PACES N89'15'39'W 50.00 P.O.B. i LM DATA t l 140. OWC77ON OlSTANCE t L1 S 00-1 r10' W 257.55' S 1 L2 N 8733'37' W 14.00' L3 N 01'08'12' E 8.59' 70'. 68' L4 N 45'11'30'W 65.40' irk 138' L5 N 85'23'00' W 35 27' co L6 S 245548' W 21.31" m L7 N 87-17#236 W 48.09' t LB S 4723'51' W 104.14' t L9 S 84'57'19' W 7.30' L10 N 3576#460 W 36.33' 3 Z Of N 25'S8'40' E 262.04 0 `° L12 N 22278350 W 4.50' ^ ^( l U t L 13 N 46'37'29' E 23.07' o c : t L 14 N 24'21'30' E 120.69' y I c22 L 15 N 83'2733' £ 17.12' t�• O LIB S 02'55'37' W 9282' l U L 17 S 52'05'49' W 37.38' 1G0' ►— l L 18 S 25'20'52' E 21.31' Q • I L19 N 60'23'17' E 33.54' GRAPHIC SCALE L20 S 48'29'43' E 37.00' l L21 S 13.5r24' W 77.40' Q l L22 s 44'05'Or W 34.49' ? I I L23 N 5W31'38' W 21.74' L24 S 29001'S8' E 26.68' L25 S 78 10'37' E MOO' L26 N 33'19931' E 98.78' 1 t L27 N 00'1419' E 65.86' Qii t L28 N 89'42'50' E 6.00' 04 I v � � l � � I L7 �� y9 L3 l o ti L Page 2 of 3 EXNB&T 'C' PAGE 2 OF 2 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA;BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LOS SOLSAS, AS PER MAP RECORDED IN BOOK 51. PAGE 14, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS. THOSE PORTIONS OF THAT LAND DESIGNATED AS REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE OF MAPS. RECORDS OF THE COUNTY OF ORANGE MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14. PER SAID TRACT MAP; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF. NORTH 89'15'39' WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT MAP; THENCE ALONG SAID WESTERLY RIGHT OF WAY. SOUTH 00 17'01' WEST 681.85 FEET TO THE TRUE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17'10' WEST 257.55 FEET; THENCE. LEAVING SAID WESTERLY RIGHT OF WAY. NORTH 87-33'37- WEST 14.00 FEET; THENCE NORTH 01'08'12- EAST 8.59 FEET; THENCE NORTH 45*11'300 WEST 65.40 FEET; THENCE NORTH 85023'00' WEST 35.27 FEET; THENCE SOUTH 24'5548' WEST 21.31 FEET; THENCE NORTH 87*17'23" WEST 48.09 FEET; THENCE SOUTH 4723'51' WEST 104.14 FEET; THENCE SOUTH 84'57'19' WEST 7.30 FEET. THENCE NORTH 352646" WEST 36.33 FEET, THENCE NORTH 25'58'40' EAST 262.04 FEET; THENCE NORTH 22'27'35' WEST 4.50 FEET; THENCE NORTH 46'37'29' EAST 23.07 FEET; THENCE NORTH 24'21'30- EAST 120.69 FEET.- THENCE NORTH 83'27'33' EAST 17.12 FEET; THENCE SOUTH 02'55'37' WEST 92.82 FEET; THENCE SOUTH 5705'49' WEST 37.38 FEET; THENCE-SOUTH 25820'52' EAST 21.31 FEET, THENCE NORTH 60 23*170 EAST 33.54 FEET. THENCE SOUTH 48'29'43' EAST 37.00 FEET, THENCE SOUTH 13'5 7'24' WEST 77.40 FEET; THENCE SOUTH 44'05'07' WEST 34.49 FEET; THENCE NORTH 56'31'38- WEST 21.74 FEET; THENCE SOUTH 29'01'58' EAST 26.68 FEET. THENCE SOUTH 78'10'37' EAST 18.00 FEET.- THENCE NORTH 33'1931' EAST 9&78 FEET; THENCE NORTH OO'14'09' EAST 65.86 FEET, THENCE NORTH 89*42*500 EAST 6.00 FEET; TO SAID WESTERLY RIGHT OF WAY AND THE TRUE POINT OF BEGINNING. CONTAINS 43.651 SQUARE FEET OR 1.002 ACRES OF LAND. MORE OR LESS.- AS SHOWN ON PAGE 1 OF THIS EXHIBIT TC DATED THIS �3 DAY OF �D t� 2000 LMD IL EXP. 12/31/03 SELTON, L.S. 5347 !S 5341912? /31/03 -� OF auE° Page 3 of 3 i EXHIBIT "D" SETTLEMENT AGREEMENT 12063\0003\633576.1 Page 1 of 30 1 SETTLEMENT AGREEMENT 2 3 This Settlement Agreement("Agreement") is entered into by and between 4 the California Coastal Commission("Commission"), the City of Huntington Beach 5 ("City), the Huntington Beach Redevelopment Agency("Agency"), and the Robert Mayer 6 Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust(collectively, "Mayer"). 7 The Commission, City, Agency and Mayer are sometimes collectively referred to in this 8 Agreement as "the Parties." 9 RECITALS 10 WHEREAS,the Agency is the owner in fee simple of certain real property i 1 in the City of Huntington Beach,County of Orange, State of California,which is 12 described on Exhibit "A" attached hereto and incorporated herein by this reference(the 13 "Property"). 14 WHEREAS, Mayer Financial, L.P.,is the Developer of the Property and the 15 assignee of all right, title and interest of the Robert L.Mayer Trust in the Property. The 16 Robert Mayer Corporation is,and at various times has been, the agent and representative 17 of Mayer Financial, L.P.,and the Robert L. Mayer Trust. 18 WHEREAS, the Property includes an area(the "Degraded Wetland Area") 19 within which there is an existing .696-acre degraded wetland located generally 1000 feet 20 inland of the northwest comer of Pacific Coast Highway and Beach Boulevard. The 21 Degraded Wetland Area is delineated generally on Exhibit"B"attached hereto and 22 incorporated herein by this reference and described specifically on Exhibit "C"attached 23 hereto and incorporated herein by this reference. 24 WHEREAS,on April 11,2000, the Commission approved, with conditions, 25 Coastal Development Permit No. A-5-HNB-99-275,an application filed by the Robert L. 26 Mayer Trust and the Agency to fill the Degraded Wetland Area in conjunction with the 27 implementation of a wetland and riparian woodland habitat restoration project at the 28 Shipley Nature Center in the City of Huntington Beach. RICMAAoi,WATSON a G[RS MO" Anomay,al Law 12063\0003\631622.4 - 1 Page 2 of 30 I WHEREAS, on September 13,2000, the Commission adopted Revised 2 Findings to support its decision to approve Coastal Development Permit No. A-5-HNB- 3 99-275, finding that the development,as conditioned, is consistent with the certified City 4 of Huntington Beach Local Coastal Program. 5 WHEREAS, on May 17, 2000, project opponents filed a lawsuit entitled 6 Bolsa Chica Land Trust,et al. v. California Coastal Commission, et al., Orange County 7 Superior Court Case No. OOCCO5991,seeking to set aside the Commission's approval of 8 Coastal Development Permit No. A-5-HNB-99-275. 9 WHEREAS, on September 14, 1998, the City of Huntington Beach City 10 Council granted the separate application of the Robert Mayer Corporation and Mayer 11 Financial,L.P.,for Coastal Development Permit CDP 97-15,approving, inter alia,the 12 construction of the Grand Coast Resort Hotel and Conference Center, located generally 13 on the north side of Pacific Coast Highway,west of Beach Boulevard and east of 14 Huntington Street,in the City of Huntington Beach. 15 WHEREAS, on September 22, 1998, the Commission acknowledged 16 receipt of the Citys written Notice of Action on CDP 97-15,thereby commencing a 10 17 working day appeal period. 18 WHEREAS, on October 7, 1998, the Commission wrote the Robert Mayer 19 Corporation and City, informing them that the 10-day appeal period expired on October 6, 20 1998,that no appeals were received by the Commission, and that CDP 97-15 is therefore 21 final. 22 WHEREAS,pursuant to City of Huntington Beach CDP 97-I 5, Mayer has 23 undertaken substantial site preparatory work and contends that it has incurred substantial 24 liabilities in preparation for imminent construction of the Grand Coast Resort Hotel and 25 Conference Center. 26 WHEREAS,on September 12,2000, the Staff of the Commission issued a 27 written Notice of Suspension to the City, suspending CDP 97-15 pending a further review 28 of the legal adequacy of the City's September 18, 1998 Notice of Action. The City, RICHAR05 WATSON a M-NON AtIorn*TS at Law 12063\0003\631622.4 2 Page 3 of 30 R l I Agency and Mayer contend that said Notice of Action was, and is,legally adequate and 2 no longer subject to challenge. 3 WHEREAS,the Parties have since conducted a thorough review of the 4 disputed matters,and have agreed to a full, final and complete settlement on the terms 5 and conditions set forth herein. 6 WHEREAS,this Agreement is entered into by the Commission, City, 7 Agency and Mayer, and each of them,without any admission of fault or liability of any 8 kind or of any contention of any of the Parties,but instead to avoid the costs and risks of 9 litigation and to resolve this matter in a matter mutually satisfactory to all of the Parties. 10 11 AGREEMENT 12 NOW,THEREFORE, in consideration of the mutual covenants and 13 promises contained herein, the Commission, City,Agency and Mayer agree to settle the 14 disputed matters upon the following terms and conditions: 15 1. Recordation of Open Space/Wetland Preservation and Restoration 16 Deed Restriction. The Agency shall execute and record a Deed Restriction over the 17 Degraded Wetland Area which limits, in perpetuity,the uses of the Degraded Wetland 18 area to natural open space for wetland preservation and restoration uses. The Deed 19 Restriction shall run with the land,binding all successors and assigns,and shall be 20 recorded free of prior liens that the Executive Director of the Commission determines 21 may affect the enforceability of the Deed Restriction. The Deed Restriction shall be 22 substantially in the form attached hereto as Exhibit"D," and shall not be removed or 23 changed without a coastal development permit issued by the Commission. The Deed 24 Restriction shall not become effective unless and until the Commission issues the Notice 25 required under Paragraph 2, below, and City of Huntington Beach CDP 97-15 is, and 26 remains, final and not subject to appeal to the Commission. 27 2. Withdrawal of Commission SusRension Notice. Within five(5) days 28 receipt of written proof that the Deed Restriction has been recorded consistent with the RICHARDS.WATSON k GCRSHON Anweyf at Law 12063\0003\631622.4 3 Page 4 of 30 I terms and conditions of Paragraph 1, above,the Commission,through its Executive 2 Director, shall issue a Notice of Withdrawal of Suspension Notice ("Notice") to the City, 3 with copies to the Agency and the Robert Mayer Corporation, formally withdrawing its 4 September 12,2000 Notice of Suspension and advising that City of Huntington Beach 5 CDP 97-15 is final and not subject to appeal to the Commission. The Notice shall be 6 substantially in the form attached hereto as Exhibit"E." The Commission shall take no 7 action thereafter inconsistent or in conflict with that Notice. 8 3. Abandonment of Permit Approval. The Agency and Mayer agree to 9 abandon the Commission's approval of Coastal Development Permit A-5-HNB-99-275, 10 effective upon issuance by the Commission of the Notice required under Paragraph 2, 1 I above;provided, however, that the Commission's approval of Coastal Development i 12 Permit A-5-HNB-99-275 shall remain in full force and effect unless and until the 13 Commission issues the Notice required under Paragraph 2, above, and City of Huntington 14 Beach CDP 97-15 is, and remains, final and not subject to appeal to the Commission. 15 The Agency and Mayer shall confirm this abandonment of permit approval to the 16 Commission in writing within ten(10)days' receipt of the Notice. 17 4. No Restoration Obligation. When the Agency and Mayer abandon 18 the Commission's approval of Coastal Development Permit A-5-HNB-99-275, said 19 Coastal Development Permit shall be of no force and effect, including but not limited to 20 any obligation by Mayer to undertake the wetland and riparian woodland habitat 21 restoration project at the Shipley Nature Center. Neither the Agency nor Mayer is under 22 any obligation to restore the Degraded Wetlands Area. 23 5. Future Conveyance of Degraded Wetland Area. The Agency may at 24 any time convey the Degraded Wetland Area,separate and apart from balance of the 25 Property,to the City or any other public agency for wetland restoration and other 26 purposes subject to and consistent with the Deed Restriction. 27 28 R ICMARDS,WATSON GCAsmom MOM*"at Law 12063\0003\631622.4 4 Page 5 of 30 1 6. ' Obligation to Remove Trash and Debris from Degraded Wetland 2 Area. The Agency and its successors and assigns shall maintain the Degraded Wetland 3 Area free of trash and debris. 4 7. Duty to Cooperate. The parties agree to cooperate in effectuating 5 the terms and conditions of this Agreement. 6 8. Binding Effect. This Agreement shall inure to the benefit of and 7 shall be binding upon the heirs, successors, assigns, representatives, and beneficiaries of 8 the parties. 9 9. No Admission of Liability or Wrongdoing. This Agreement is solely 10 for the purpose of compromising doubtful and disputed claims and avoiding litigation. 11 The Agreement shall not be construed as an admission of liability or wrongdoing of any 12 party or of any contention of any party. 13 10. Paragraph Headings. The paragraph headings contained herein are 14 for descriptive purposes only and are not intended to convey or change the meaning of 15 any provision hereof. 16 11. Interpretation. This Agreement shall be construed in accordance 17 with the laws of the State of California. 18 12. Legal Advice. Each parry has received independent legal advice 19 from its attorneys with respect to the advisability of executing this Agreement and the 20 meaning of the provisions hereof. The provisions of this Agreement shall be construed as 21 to the fair meaning and not for or against any party based upon any attribution of such 22 party as the sole source of the language in question, it being expressly understood that the 23 parties hereto participated equally or had equal opportunity to participate in the drafting 24 thereof. 25 13. Execution in Counterparts. This Agreement may be executed in 26 counterparts, and when each party has signed and delivered at least one such counterpart, 27 each counterpart shall be deemed an original and, when taken together with the other 28 counterparts, shall constitute the Settlement Agreement. RICHARDS.WATSON a Gcasmon Attorneys at law 12063\0003\631622.4 5 Page 6 of 30 1 IN WITNESS WHEREOF,the parties hereto have each approved and 2 executed this Settlement Agreement on the date set forth below. 3 4 DATED: AlAtl CALIF I C AS COMMISSION 5 By: b Its: 7 8 DATED: ����- CITY OF HUNTINGTON BEACH 9 By: 10 Its: G 1 1—r-db M )R/ lS I/ fL 11 12 DATED: �� - yG�G CITY OF HUNTINGTON BEACH 13 REDEVELOPMENT AGENCY 14 By: K;'. 15 Its: 6:XFGL+?VL 7)Yc:G10(-- 16 DATED: 11116/2 o o o ROBER�MA R C ORATION 17 By: 18 Its: President 19 20 DATED: 11/16/2 0 0 0 MAYER FINANCIAL,L.P. 21 By. i If 22 Its: Vice Pre .d t/Secretar 23 DATED: 11/16/2000 ROBERT MAYER TRUST 24 1 25 Its: Trustee 26 27 28 [Signatures Cont'd Next Page] RICHARD$ WATSON - a G¢RSNON Attomays at Law 12063\0003\631622.4 6 Page 7 of 30 1 IN WITNESS WHEREOF,the parties hereto have each approved and 2 executed this Settlement Agreement on the date set forth below. 3 4 DATED: CALIFORNIA COASTAL COMMISSION 5 By: 6 Its: 7 8 DATED: CITY 0 GTON BEACH 9 By: 10 Its: /'�'I�r y2 d ��v /fM2 11 12 DATED: CITY OF HUNTINGTON BEACH 13 REDEWLOPM AGENCY 14 By: 15 Its: GX P4,4M',4 / P20 r�y1 16 DATED: ROBERT MAYER CORPORATION 17 By: 18 Its: 19 20 DATED: MAYER FINANCIAL,L.P. 21 By: 22 Its: 23 DATED: ROBERT MAYER TRUST 24 By: 25 Its: 26 27 28 [Signatures Cont'd Next Page] RICHARCS.WATSON a Gems"OM Allomays at Law 6 1206310003\631622.4 Page 8 of 30 I APPROVED AS TO FORM AND CONTENT: 2 RALPH FAUST,JR.,CHIEF COUNSEL 3 4 By / 5 h aust, ., Esq. Ch4ie Couns for 6 CALIFORNIA COASTAL COMMISSION 7 8 GAIL HUTTON, CITY ATTORNEY PAUL D. D'ALESSANDRO,DEPUTY CITY ATTORNEY 9 10 11 By.Paul D. D'Alessandro /'/ �as o Attorneys for CITY OF HU�GTON BEACH and 12 CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY 13 14 RICHARDS, WATSON &GERSHON 15 16 By: Steven H. Kaufmann 17 Attorneys for ROBE MAYER CORPORATION, MAYER FINANCIAL,L.P. and ROBERT L. MAYER TRUST 18 19 20 21 22 23 24 25 26 27 28 RICHARDS.WATSON R G"SNON Allorneys at Law _ 12063\00031631622.4 7 Page 9 of 30 I EXHIBIT "A" [TO SETTLEMENT AGREEMENT] THE PROPERTY—LEGAL DESCRIPTION 12063%00031633576.2 Page 10 of 30 EX B/ IA I the 'Property" PACE i OF 3 PAGES P.O.B. BEACH BLYD 2 CONSTRUCTION . . - . . ,+ . . - . . _ . . -'17' 1' W Rn � ��� LIN£ SEC14-6-J1 1052.24' 7.P.O.B. L M DATA i a No. DIRECTION DISTANCE / I L 1 S 60'57 59' W 30.03' S 3,3'03'53 W L2 S 88'4852' W 15.08' / L3 N 52'54'04" W 170.18' / L4 N 5644'15' W 126.00' L5 N 51'02'09' W 122.87' L6 N 56*06*20' W 45.02' ti 7 L7 N 11'30'02' W 20.77' L8 N 3756'06' E 15.58' L9 N 5703'54" W 34.00' 00 S 3756'06' W 16.76' 01 N 52'03'54' W 9.00' L 12 N 5703'54" W 9.00' L 13 N 375606' £ 7.28' - L 14 N 52VJ'54" W 34.00' L 15 S 3756 06' W 14.96' 11 Q, L 1 s S 8r53 34- W 16.47'- L17 IN 4r18'1I' E 7.52' 7"rr 155500 y: o� L18 N 4741'18' W M.85' jl.IIAdB 79014-0"0 y L 19 N 89-15'39' W 50.00' L9 L8 G L10 in L13 L14 �� L 15 CURVE DATA N'LY LINE L 16 S112 NE114 NUMBER DELTA RADIUS LENGTH SEC 14-6-11 +! C1 16'41'10' 94.00' 27.38' 1 � �s� h� tiG ���`' C2 21*35#540 1065.00' 401.47' ----- ��i. , OHO r C3 03'50'110 1135.00' 76.00' L r- r �h r \ C4 05'4206 1065.00 105.98 7'r� I:J�J C5 OS'33*16* 1135.00' 110.03' �i Grp PGA MA10 79 D14y-55 0 C6 0748'13" 1060.00' 51.87' Q C7 05'5417' 2452.00' 252.70' R.O.W. DEDICATED PER DOC. Z- *o. RECORDED SPT. 1. 1995 AS s , P 4 SINS NO. 95-0364748 O.R. LOT T 1,�r_,� caPHlc SCALE l M.0 5_31YU Y7 Page 11 of 30 EKHOT 'A' PAGE 2 OF 3 PAGES THE LAND DESCRIBED HEREIN 1S SITUATED 1N THE CITY OF HUN77NGTON BEACH, COUNTY OF ORANGE. STATE OF CALIFORNK BEING A PORTION OF SECTION 14, TOWNSH/P 6 SOUTH, RANGE 11 WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED 1N BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE MORE PARTICULARLY DESCRIBED AS FOLLOWS. A PORTION OF THAT LAND SHOWN AS THE DESIGNATED REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE OF MAPS, RECORDS OF THE COUNTY OF ORANGE MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 14, PER SAIO TRACT NO. 15535; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF NORTH 89'15'39' WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT NO 15535. SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SANO WESTERLY RIGHT OF WAY SOUTH OLT 17'01" WEST 1052.24 FEET TO A POINT ON THE GENERAL NORTHERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE. DEDICATED PER SAID TRACT NO. 15535; THENCE ALONG SAID GENERAL NORTHERLY RIGHT OF WAY, THROUGH THE FOLLOWING COURSES. SOUTH 6T57'59' WEST 30.03 FEET; THENCE SOUTH 88'4852' WEST 15.06 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 94.00 FEET; THENCE WESTERLY ALONG SAID CURVE 27.38 FEET THROUGH A CENTRAL ANGLE OF 16'4110` TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET. A LINE RAD14L TO SAID POINT BEARS SOUTH 15'30'02" WEST, THENCE NORTHWESTERLY ALONG SAID CURVE 326.48 FEET THROUGH A CENTRAL ANGLE OF 21'35 54 THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT OF WAY THROUGH THE FOLLOWING COURSES, THENCE TANGENT TO SAID CURVE NORTH 52754104" WEST 170.18 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY. HAVING A RADIUS OF 1135.00 FEET; THENCE ALONG SAID CURVE 76.00 FEET THROUGH A CENTRAL ANGLE OF 03'5O'11"; THENCE TANGENT TO SAID CURVE NORTH 5644'15" WEST 126.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG SAID CURVE 105.98 FEET THROUGH A CENTRAL ANGLE OF 05'42'06" THENCE TANGENT TO SAID CURVE NORTH 51'02'09" WEST 122.87 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET, THENCE ALONG SAID CURVE 110.03 FEET THROUGH A CENTRAL ANGLE OF 05:33'16",- THENCE TANGENT TO SAID CURVE NORTH 56'06'20' WEST 45.02 FEET, THENCE NORTH 11'30'02" WEST 20.77 FEET; THENCE NORTH 3T56'06" EAST 15.58 FEET, THENCE NORTH 52'03'54' WEST 34.00 FEET.• THENCE SOUTH 37'56'06" WEST 16.76 FEET; THENCE NORTH 52'03'54' WEST 18.00 FEET; THENCE NORTH 3756'06' EAST 7.28 FEET: THENCE NORTH 5703'54" WEST 34.00 FEET: THENCE SOUTH 37'56'06' WEST 14.96 FEET. THENCE SOUTH 82'53'34" WEST 16.47 FEET; THENCE NORTH 56'06'20' WEST 315.97 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1060.00 FEET, THENCE ALONG SAID CURVE 51.87 FEET THROUGH A CENTRAL ANGLE OF 0748'13' TO A POINT ON THE GENERAL NORTHEASTERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE. DEDICATED PER DOCUMENT RECORDED SEPTEMSER 1, 1995, AS INSTRUMENT NUMBER 95- 0384748, RECORDS OF THE COUNTY OF ORANGE, A LINE RADIAL TO SAID POINT BEARS SOUTH 36'41'53" WEST' THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY PER SAID TRACT NO. 15535 AND CONTINUING ALONG SAID GENERAL NORTHEASTERLY RIGHT OF WAY PER SAID DOCUMENT, THROUGH THE FOLLOWING COURSES; THENCE NORTH 42'18'11' EAST 7.52 FEET. THENCE NORTH 47*41'18' WEST 38.85 FEET TO THE BEGINNING OF A TANGENT Page 12 of 30 EXHIBIT 'A' PAGE 3 OF 3 PAGES CURVE. CONCAVE SOUTHWESTERLY, HAVING A RADIUS Of 2452.00 FEET; THENCE ALONG SUD CURVE 252.70 FEET THROUGH A CENTRAL ANGLE OF 05*54'17" TO SAID NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-OUARTER OF SAID SECTION 14; THENCE LEAVING SAID GENERAL NORTHEASTERLY RIGHT OF WAY, ALONG SAID NORTH LINE SOUTH 89'1539' EAST 1658.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 22.65 t/- ACRES AS SHOWN ON PAGE 1 OF THIS EXHIBIT 'A'. DATED THIS _�'S DAY OF n0� b 2000 Wrl1 012131103 TON, L.S. 5347 �• 12/31/43 is f of Page 13 of 30 EXHIBIT "B" ITO SETTLEMENT AGREEMENT] DEGRADED WETLAND AREA—GENERAL CONFIGURATION 12063\0003\633576.2 Page 14 of 30 PAGE t OF 1 PAGES BEACH BOULEVARD ------------ DEGRADED axis km Oat �a GRAPHIC SCALE Page 15 of 30 EXHIBIT "C" ]TO SETTLEMENT AGREEMENT] DEGRADED WETLAND AREA—LEGAL DESCRIPTION 12063\0003\633576.2 Page 16 of 30 f E)(hWFCJSJNRW QRlVF N89'T5' 'ill PAGE 1 Of 2 PAGES IY8975'39'W 50.00 P.D.B. LM DATA I Na DIREC]10N DISTANCE L1 S * 17'10' W 25ZS5' L2 N 87'33'37' W 14.00' L3 N 01'08'12' E &59' 70'. 68' L4 N 45'1 r'30w 6140' in 138' L5 N 85'23'00' W 35.27' °p L6 S 245548' W 21.31' ao L7 N 87 17'23' W 48.09' I L8 S 4723'510 W 104.14' L9 S 84'57'19' W Z30' L IO N 35'2646' W 36.33' 3 2 01 N 25"58'40' E 262.04 w O L12 N 22'2735: W 4.50' or 10 I L13 N 46'37 29 E 23 07' v. L14 N 24'21'30' E 120.690 y I Z L 15 N B3'27'33' E I z 12' 2: v L16 S 075537' W 92.82' I L17 S 52'0549a W 37.38' l00' N! I LIB S 25*20*520 E 21.31' L� +_ LI9 N 60'23'17' E 33.54' GRAPHIC SCALE W L20 S 48'2943' E 37.00' ! L21 S 13'57'24' W 77.40' I I L22 S 44'05'07' W 34.49' i L23 N 56'31'38' W 21.74' L24 S 29'01'580 E 2&68' L25 S 78'10'37' E 18.00' L26 N 33'19'31' E 9&78' ._ I L27 N 00'14'19' E 6&86' `� I US N 89'4250' E &00' T.P.O.lB. v I i N I � I L7 I L3LlI I Page 17 of 30 EXHB/'T 'C' PAGE 2 OF 2 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE: STATE OF CALIFORNDA;BETNG A PORTION OF SECTION 14. TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LOS BOLSAS; AS PER MAP RECORDED 1N BOOK 51, PAGE 14. RECORDS OF THE COUNTY OF ORANGE MORE PARTICULARLY DESCRIBED AS FOLLOWS. THOSE PORTIONS OF THAT LAND} DESIGNATED AS REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14. 7999 IN BOOK 790. PAGES 44 THROUGH 50, INCLUSIVE; OF MAPS, RECORDS OF THE COUNTY OF ORANGE MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14. PER SAID TRACT MAP., THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF, NORTH 89'15'39' WEST MOO FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN -ON SAID TRACT MAP; THENCE ALONG SAID WESTERLY RIGHT OF WAY. SOUTH 00'17'010 WEST 681.85 FEET TO THE TRUE POINT OF BEGINNING: THENCE, CONTINUING ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17'10- WEST 257.55 FEET; THENCE; LEAVING SAID WESTERLY RIGHT OF WAY. NORTH 8733,370 WEST 14.00 FEET; THENCE NORTH 0108'12' EAST 8.59 FEET; THENCE NORTH 45'11'300 WEST 65.40 FEET; THENCE NORTH 85'231000 WEST 35.27 FEET; THENCE SOUTH 24'55'48" WEST 21.31 FEET; THENCE NORTH 8717'23- WEST 48.09 FEET; THENCE SOUTH 4723'51' WEST 104.14 FEET; THENCE SOUTH 84'57'19' WEST 7.30 FEET; THENCE NORTH 35'26'46- WEST 36.33 FEET; THENCE NORTH 25'58'40' EAST 262.04 FEET; THENCE NORTH 22'27'35' WEST 4.50 FEET. THENCE NORTH 46'37'29' EAST 23.07 FEET; THENCE NORTH 24'21'30- EAST 120.69 FEET; THENCE NORTH 83'27'33' EAST 17.12 FEET, THENCE SOUTH 02'55'37' WEST 92.82 FEET; THENCE SOUTH 52'05'49- WEST 37.38 FEET; THENCE SOUTH 25'20'52- EAST 21.31 FEET; THENCE NORTH 60'23'17- EAST 33.54 FEET. THENCE SO(ln? 48 29'43- EAST 37.00 FEET; THENCE SOUTH IX57'24- WEST 77.40 FEET; THENCE SOUTH 44'05'07' WEST 34.49 FEET; THENCE NORTH 56'31'380 WEST 21.74 FEET; ]HENCE SOUTH 29'01'58' EAST 26.68 FEET. THENCE SOUTH 78'1O'370 EAST MOO FEET; THENCE NORTH 33'19'31' EAST 98.78 FEET; THENCE NORTH 00'14'09' EAST 6586 FEET. THENCE NORTH 89'42'50' EAST 6.00 FEET. TO SAID WESTERLY RIGHT OF WAY AND ME TR POW OF BEGINNING. CONTAINS 43,651 SQUARE FEET OR 1.002 ACRES OF LAND. MORE OR LESS AS SHOWN ON PAGE 1 OF THIS EXHIBIT 'C'. I DATED THIS l3 DAY OF�D N'P. t 2000 Lp OF 101t . 12131 L.S. s.T4 7 Is (op ,� OF Page 18 of 30 t EXHIBIT "D" [TO SETTLEMENT AGREEMENT] OPEN SPACE/WETLAND PRESERVATION AND RESTORATION DEED RESTRICTION 12063\0003\633576.2 Page 19 of 30 I RECORDING REQUESTED BY AND RETURN TO: 2 California Coastal Commission 45 Fremont Street, Suite 2000 3 San Francisco,CA 94105-2219 Attn: Legal Division 4 5 OPEN SPACE/WETLAND PRESERVATION AND 6 RESTORATION DEED RESTRICTION 7 8 I. WHEREAS,the City of Huntington Beach Redevelopment Agency, 9 hereinafter referred to as the "Owner," is the record owner of the real property in the City 10 of Huntington Beach, County of Orange, State of California, which is described on 11 Exhibit "A" attached hereto and incorporated herein by this reference(hereinafter referred 12 to as the"Property"); and 13 II. WHEREAS,Mayer Financial, L.P., is the Developer of the Property 14 and the assignee of all right,title and interest of the Robert L. Mayer Trust in the 15 Property. The Robert Mayer Corporation is, and at various times has been,the agent and 16 representative of Mayer Financial, L.P.,and the Robert L. Mayer Trust. The Robert 17 Mayer Corporation, Mayer Financial, L.P.,and Robert L. Mayer Trust are hereinafter 18 collectively referred to as"Mayer." 19 III. WHEREAS,the California Coastal Commission,hereinafter referred 20 to as the "Commission," is acting on behalf of the People of the State of California; and 21 IV. WHEREAS,the subject property is located within the coastal zone 22 as defined in Section 30103 of Division 20 of the California Public Resources Code, 23 hereinafter referred to as the "California Coastal Act of 1976" (the "Act"); and 24 V. WHEREAS,the Property includes an area(the "Degraded Wetland 25 Area") within which there is an existing .696-acre degraded wetland located generally 26 1000 feet inland of the northwest comer of Pacific Coast Highway and Beach Boulevard. 27 The Degraded Wetland Area is delineated generally on Exhibit"B" attached hereto and 28 RICHARDS,WATSON R GiRSHON AltOr��ys s�law 12063\0003\631622.5 1 _ Page 20 of 30 I incorporated herein by this reference and described specifically on Exhibit "C" attached 2 hereto and incorporated herein by this reference. 3 VI. WHEREAS, on April 11, 2000, the Commission approved, with 4 conditions, Coastal Development Permit No. A-5-HNB-99-275,an application filed by 5 the Robert L. Mayer Trust c/o the Robert Mayer Corporation and the Agency to fill the 6 Degraded Wetland Area in conjunction with the implementation of a wetland and riparian 7 woodland habitat restoration project at the Shipley Nature Center in the City of 8 Huntington Beach. 9 VII. WHEREAS, on September 13,2000,the Commission adopted 10 Revised Findings to support its decision to approve Coastal Development Permit 11 No. A-5-HNB-99-275, finding that the development, as conditioned,is consistent with 12 the certified City of Huntington Beach Local Coastal Program. 13 VIII. WHEREAS, on May 17,2000,project opponents filed a lawsuit 14 entitled Bolsa Chica Land Trust,et al. v. California Coastal Commission. et al., Orange 15 County Superior Court Case No. OOCCO5991, seeking to set aside the Commission's 16 approval of Coastal Development Permit No. A-5-HNB-99-275. 17 IX. WHEREAS, on September 14, 1998,the City of Huntington Beach 18 City Council granted the separate application of the Robert Mayer Corporation and Mayer 19 Financial,L.P., for Coastal Development Permit CDP 97-15,approving, inter alia,the 20 construction of the Grand Resort Hotel and Conference Center, located generally on the 21 north side of Pacific Coast Highway, west of Beach Boulevard and east of Huntington 22 Street, in the City of Huntington Beach. 23 X. WHEREAS,on September 22, 1998,the Commission acknowledged 24 receipt of the City's written Notice of Action on CDP 97-15,thereby commencing a 10 25 working day appeal period. 26 XI. WHEREAS,on October 7, 1998,the Commission wrote the Robert 27 Mayer Corporation and City,informing them that the 10-day appeal period expired on 28 /// RICNARO3,WATSON a GEItS Mom Attomays at taw 12063\0003\631622.5 2 Page 21 of 30 I October 6, 1998, that no appeals were received by the Commission, and that CDP 97-15 2 is therefore final. 3 XII. WHEREAS,pursuant to City of Huntington Beach CDP 97-15, 4 Mayer has undertaken substantial site preparatory work and contends that it has incurred 5 substantial liabilities in preparation for imminent construction of the Grand Coast Resort 6 Hotel and Conference Center. 7 XIII. WHEREAS, on September 12, 2000, the Staff of the Commission 8 issued a written Notice of Suspension to the City, suspending CDP 97-15 pending a 9 further review of the legal adequacy of the City's September 18, 1998 Notice of Action. 10 XIV. WHEREAS, the City,Agency and Mayer contend that said Notice of i 1 Action was, and is, legally adequate and not subject to challenge. 12 XV. WHEREAS,on November , 2000,to resolve their disputed 13 matters, the Commission,City of Huntington Beach,Agency,and Mayer entered into a 14 Settlement Agreement, attached hereto as Exhibit "D" and incorporated herein by this 15 reference (hereinafter referred to as the "Settlement Agreement"). 16 XVI. WHEREAS, Paragraph 1 of the Settlement Agreement provides as 17 follows: 18 Recordation of Onen$pace/Wetland Preservation and Restoration Deed Restdction. The Agency shall execute and record a Deed Restriction over 19 the Degraded Wetland Area which limits, in perpetuity,the uses of the Degraded Wetland area to natural open space for wetland preservation and 20 restoration uses. The Deed Restriction shall run with the land,binding all successors and assigns,and shall be recorded free of prior liens that the 21 Executive Director of the Commission determines may affect the enforceability of the Deed Restriction. The Deed Restriction shall be 22 substantially in the form attached hereto as Exhibit "D," and shall not be removed or changed without a coastal development permit issued by the 23 Commission. The Deed Restriction shall not become effective unless and until the Commission issues the Notice required under Paragraph 2,below, 24 and City of Huntington Beach CDP 97-15 is, and remains, final and not subject to appeal to the Commission. 25 XVII. WHEREAS, Paragraph 2 of the Settlement Agreement further states 26 as follows: 27 28 RICMA ROl. WATlON f G[Rl N.ON A110mays al Law 12063\0003\631622.5 3 Page 22 of 30 I Withdrawal of Commission Suspension Notice. Within five(5)days =ent of written proof that the Deed Restriction has been recorded2 with the terms and conditions of Paragraph 1, above,the Commission, through its Executive Director, shall issue a Notice of 3 Withdrawal of Suspension Notice("Notice") to the City, with copies to the Agency and the Robert Mayer Corporation, formally withdrawing its 4 September.12, 2000 Notice of Suspension and advising that City of Huntington Beach CDP 97-15 is final and not subject to appeal to the 5 Commission. The Notice shall be substantially in the form attached hereto as Exhibit"E." The Commission shall take no action thereafter 6 inconsistent or in conflict with that Notice. 7 XVIII. WHEREAS, Owner has elected to comply with Paragraph 1 of the 8 Settlement Agreement and to execute this Deed Restriction to enable Owner and Mayer to 9 proceed with the development authorized by City of Huntington Beach CDP 97-15. 10 XIX. WHEREAS,the Parties have entered into the Settlement Agreement 11 without any admission of fault or liability of any kind or of any contention of any of the 12 Parties,but instead to avoid the costs and risks of litigation and to resolve this matter in a 13 manner mutually satisfactory to all of the Parties. 14 NOW, THEREFORE, in consideration of the mutual covenants and 15 agreements set forth in the Settlement Agreement,the Owner hereby irrevocably 16 covenants with the Commission that there be and hereby is created the following 17 restrictions on the use and enjoyment of the Degraded Wetland Area of the Property, to be 18 attached to and become a part of the deed to the Property. 19 1. COVENANT,CONDITION AND RESTRICTION. The 20 undersigned Owner,for itself and for its heirs, assigns and successors in interest, 21 covenants and agrees that: 22 the use of the Degraded Wetland Area as shown on Exhibits B and C, attached hereto and incorporated herein by reference,shall be limited to 23 natural open space for wetlands preservation and restoration uses. No development as defined in Public Resources Code section 30106, attached 24 hereto as Exhibit E and incorporated herein by reference,including but not limited to removal of trees and other major or native vegetation,grading, 25 paving, installation of structures such as signs, buildings, etc. shall occur or be allowed on the Degraded Wetland Area with the exception of the 26 following subject to applicable governmental regulatory requirements: 27 (a) the removal of hazardous substances or conditions or diseased plants or trees; 28 RICHAROS,WA730N �GCRSHON Anomays at Law 12063\0003\631622.5 4 Page 23 of 30 1 (b) environmental education uses pursuant to a coastal development permit, if required; and 2 (c) wetland restoration uses pursuant to a coastal development permit, if 3 required. 4 2. DURATION. This Deed Restriction shall not become effective 5 unless and until the Commission issues the Notice required under Paragraph 2 of the 6 Settlement Agreement,and City of Huntington Beach CDP 97-15 is, and remains, final 7 and not subject to appeal to the Commission. Once effective, the Deed Restriction shall 8 remain in full force and effect in perpetuity, unless subsequently removed or changed by a 9 Coastal Development Permit issued by the Commission, and thereby confers benefit upon 10 the Property described herein, and shall bind Owner and all its assigns or successors in 11 interest. 12 3. RIGHT OF ENTRY. The Commission or its agent may enter on to 13 the Degraded Wetland area of the Property from Beach Boulevard at times reasonably 14 acceptable to the Owner to ascertain whether the use restrictions set forth above are being 15 observed. 16 4. REMEDIES. Any act,conveyance, contract, or authorization by the 17 Owner,whether written or oral,which uses or would cause to be used or would permit 18 use of the Property contrary to the terms of this Deed Restriction will be deemed a 19 violation and a breach hereof. The Commission and the Owner may pursue any and all 20 available legal and/or equitable remedies to enforce the terms and conditions of this Deed 21 Restriction. In the event of a breach,any forbearance on the part of either party to 22 enforce the terms and provisions hereof shall not be deemed a waiver of enforcement 23 right regarding any subsequent breach. 24 5. TAXES AND ASSESSMENTS. It is intended that this Deed 25 Restriction is irrevocable and shall constitute an enforceable restriction within the 26 meaning of(a) Article XIII, section 8,of the California Constitution; and(b)section 27 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, 28 this Deed Restriction shall be deemed to constitute a servitude upon and burden to the RICMAROl,WATSON 3 GERlt1ON �n«n.ya it uw 12063\0003\631622.5 5 Page 24 of 30 I property within the meaning of section 3712(d) of the California Revenue and Taxation 2 Code, or successor statute, which survives a sale of tax-deeded property. 3 6. SEVERABILITY. If any provision of these restrictions is held to 4 be invalid, or for any reason becomes unenforceable,no other provision shall be thereby 5 affected or impaired. 6 7 Dated: , 2000 8 9 SIGNED: 10 PRINT OR TYPE NAME OF ABOVE 11 12 * * NOTARY ACKNOWLEDGMENT ON THE NEXT PAGE 13 14 15 16 I7 18 19 20 21 22 23 24 25 26 27 28 RICNAI�OS.WATSON AltOtnfys it Law R GGRSNON 12063\0003\631622.5 6 Page 25 of 30 I STATE OF CALIFORNIA COUNTY OF ORANGE 2 3 On before me, ,a Notary Public 4 personally appeared , personally known 5 to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose 6 name(s) is/are subscribed to the within instrument and acknowledged to me that 7 he/she/they executed the same in his/her/their authorized capacity(ies),and that by 8 his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of 9 which the person(s) acted, executed the instrument. 10 WITNESS my hand and official seal. 11 12 Signature 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RICHARDS.WATSON d Law GC M a Attom*vs st dw 12063\0003\631622.5 7 ya Page 26 of 30 I This"is to certify that the deed restriction set forth above is hereby 2 acknowledged by the undersigned officer on behalf of the California Coastal Commission 3 pursuant to authority conferred by the California Coastal Commission when it executed 4 the Settlement Agreement attached hereto as Exhibit I'D"and the California Coastal 5 Commission consents to recordation thereof by its duly authorized officer. 6 7 Dated: 8 9 10 California Coastal Commission 11 STATE OF CALIFORNIA 12 COUNTY OF SAN FRANCISCO 13 On before me, , a Notary Public 14 personally appeared ,personally known 15 to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose 16 name(s) is/are subscribed to the within instrument and acknowledged to me that 17 he/she/they executed the same in his/her/their authorized capacity(ies),and that by 18 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of 19 which the person(s)acted,executed the instrument. 20 WITNESS my hand and official seal. 21 Signature 22 23 24 25 26 27 28 RICHARDS,WATSON !lxnepa it law GtCRSMON Att 12063\0003\631622.5 8 Page 27 of 30 'a EXHIBITS A-E TO OPEN SPACE/WETLAND PRESERVATION AND RESTORATION DEED RESTRICTION OMITTED AND NOT REPEATED HERE 12063\0003\633576.1 Page 28 of 30 i EXHIBIT "E" [TO SETTLEMENT AGREEMENT] NOTICE OF WITHDRAWAL OF SUSPENSION NOTICE 1 2063100031633576.2 Page 29 of 30 Date Mr. Howard Zelefsky Community Development Director City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 Mr. Steven Bone The Robert Mayer Corporation 660 Newport Center Drive,Suite 1050 Newport Beach,CA 92658-8680 Re: City of Huntington Beach CDP 97-15 Coastal Commission No. 5-HNB-98-203 Dear Gentlemen: This is to inform you that the suspension notice,issued by letter dated September 12,2000, from Deborah N. Lee to Howard Zelefsky, is hereby formally withdrawn. Pursuant to the Settlement Agreement entered into by and between the Commission,the City of Huntington Beach,the Huntington Beach Redevelopment Agency and the Mayer-related entities on November_,2000,the Commission has determined that City of Huntington Beach Development Permit No. CDP 97-15 (5-HNB-98-203)is final and no longer subject to appeal to the Commission. Sincerely, PETER M. DOUGLAS Executive Director 12063\0003\632792.1 Page 30 of 30 � t EXHIBIT "E" CAL.PUBLIC RESOURCES CODE SECTION 30106 12063\0003\633576.2 Page 1 of 2 r § 30106. Development "Development" means, on land, in or under water, the placement or erection of any solid. material -or structure; discharge or disposal or any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such Iand by a public agency .for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or altera- tion of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. (Added by Stats.1976, c. 1330, § 1.) Page 2 of 2 I CEIfi1TFY THAT,IF TW6 SEAL 16 AFRM J COfF ;N"rUFRE 61�41C,TM IS A TRUE AND C" -CT CORM OF I� E PERMANENT REMRO Pa E7 CiRRECORDED iN THfS OFRM0 JE? 2 1_2 PEE C `� 9y� oQ ORId1A, ATTACHMENT NO. 2 L , rg CITY OF HUNTINGTON BEACH [7-U INTERDEPARTMENTAL COMMUNICATION TO: Gail Hutton, City Attorney Matt Lamb, Real Estate Manager FROM: Connie Brockway, City Clerk 00 DATE: March 29, 2001 SUBJECT: Request For City Attorney& Real Property Department Review of Settlement Agreement—Open Space/Wetland Preservation & Restoration Deed Restriction—Subordination Agreement and Title Report—Coastal Development Permit No. 97-15 The Mayer Corporation took charge of recording the above documents. I requested and received copies of the documents, however,the copies the Mayer Corporation provided are conformed copies. Deborah Bove, Legal Analyst, California Coastal Commission, provided certified copies of the original recorded documents on file at the Coastal Commission. When the Title Company hired by Mayer Corporation recorded the original documents they gave the County Recorder copies to conform. The County Recorder does not check the conformed copy provided by Mayer Corporation against the original—that is why the Recorder marks it conformed copy. The conformed copy of the deed given to the city differs from the original document. The Title Company,for its own protection, affixed to the documents this wording—"This instrument filed for record by First American Title Insurance Company as an accommodation only. It has not been examined as to its execution or as to its effect upon the title." This wording is never affixed to a document that the City records. The County Recorder advised Me that when the City records a document, two signatures are required— Mayor/City Clerk. When a private party records—only one signature is required. The documents were signed by then Mayor Pro Tem Harman and notarized. Following the signing and notarization the words Wetland Preservation were removed from Page No. 1 of the Deed Restriction. This wording was in the Deed Restriction approved by Council. The Deed Restriction should have been returned to the City for the City Attorney to determine whether this change is non-substantial. Also to have Mayor Pro Tem Harman's signature reacknowledged as well as the other signatures reacknowledged. A strikeout of words in this document may have been necessary, however without reacknowledgement before a notary it is not legal. On Page No. 5 of the Deed Restriction (b) and (c)—someone has penciled in the words not in condition language of settlement. Perhaps this notation was made by Coastal Commission attorneys. There is a Preliminary Title Report. Is there a set time for a Final Title Report? f '•k I am requesting a memorandum in answer to my questions so that I may include it in the official City Council file. This will allow future City Councils, City Attorneys and City Clerks to be aware of: (1) The reasons why there are discrepancies in the original documents approved by Council and what was recorded. (2)The change made after approval and notarization. (3) The disclaimer by First American Title Company which never appears on City-recorded documents. (4) The need, if any for a Final Title Report and (5) The significance, if any, of the handwritten notation on the deed. It would be appreciated if your department will ensure that in future Settlement Agreements that include documents which will eventually be in the City Clerk's custody, that a company or developer will not be permitted to have custody of city documents and to provide them to a Title Company for recordation. Most Settlement Agreements are kept by your department and are not the concern of the Clerk's Office. It is because these documents have been processed out of the normal procedure that a review by your office is needed. Attachments: (1) Copies of portions of Recorded Documents 1(1 a) Copies of portions of"conformed" documents . (2) Copy of Mayer Corporation letter to City Clerk's Office—2/9/01 (3) Copy of Coastal Commission letter to City Clerk's Office—317/01 (4) Certified copies of Original Documents and Preliminary Title Report (Certified by the Coastal Commission) For City Attorney Review(The Coastal Commission has originals.) g:/Cbmemos/2001cbmem/Settlement Agreement CDP 97-15 i t CITY OF HUNTINGTON BEACH • INTERDEPARTMENTAL COMMUNICATION HIJNTINGTON BEACH TO: Paul D'Alessandro, Assistant City Attorney FROM: Connie Brockway, City Clerk c$ DATE: September 26, 2001 SUBJECT: Deed Restriction COPY: Gail Hutton, City Attorney 1) Ms. Deborah Bove, Legal Analyst, Coastal Commission informed me that all of the original documents are in the custody of the Coastal Commission. I believe she must be correct as the City Clerk's Office only received copies of these documents after I asked the Mayer Corporation. Please see the Mayer Corporation's response to me 2/9/01 wherein Shawn Millbern informed me he sent copies to the City Attorney's Office and that the Coastal Commission has the originals. 2) The copies Shawn Millbern sent to me following my request were conformed copies and were missing pages and contained duplicate pages. 3) It was then that Ms. Bove informed me that Coastal Commission legal counsel advised her that they (the Coastal Commission) would keep the originals and could not give them to me. 4) The copy of the recorded document you provided to me shows that the Coastal Commission has the originals. I would appreciate your office asking the Coastal Commission to provide the CiV with the original documents. Sid. t e th a►paFty-he Alter c Sha the- adgioal but4s-not--- Cbmemo/2000-2jc b 5) Should you discover through talking with the Coastal Commission legal counsel that they do have the originals, will you request custody by the City? If this cannot be accomplished will you ask them to provide a copy of their original document should they be requested again? The Coastal Commission is certifying copies that are not from the original. 6) Will the City Attorney's Office or another department provide the City Clerk's Office with a Final Title Report when the site is transferred to the developer? The City Clerk's Office will require a brief memo from the City Attorney certifying that all of the original documents that you obtained from the Recorder can be officially filed in the City Clerk's Office. This is necessary as the original documents were not approved as to form by the City Attorney, as is your policy. Cbmemo/2000-2jc �`g..-. THE ROBERT MAYER (ji ON ORPORATI BY•HAND DELIVERY r Ms. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Re: The Waterfront Degraded Wetland Settlement Agreement and Other Documents Dear Ms. Brockway: Per your request of Cynthia Vallana of The Robert Mayer Corporation, I am enclosing for you copies of the following documents which have previously been sent to Mr. Paul D'Allessandro of the City Attorney's office. 1. Copy of fully executed Settlement Agreement. 2. - Copy of fully executed and recorded Open Space / Wetland Preservation and Restoration Deed Restriction (the "Deed Restriction"). (The recorded original is in the possession of the Coastal Commission.) 3. Copy of fully executed and recorded Subordination Agreement. (The recorded original is in the possession of the Coastal Commission.) �( 4. ilCopy of First American Title Insurance Company-Preliminary Report dated January 02, 2001 evidencing recordation of the Deed Restriction and Subordination Agreement. 5. Copy of letter dated January 23, 2001, executed by Peter Douglas, Executive Director of the California Coastal Commission, confirming the finality of Coastal Development Permit 97-15 pursuant to the Settlement Agreement. I 6. Copy of letter dated January 25, 2001, executed by the Mayer related entities and Ray Silver on behalf of the Redevelopment Agency abandoning Coastal Development Permit A-5-HNB-99-275 pursuant to the Settlement Agreement. I believe these are all of the documents related to this Settlement Agreement and should complete your file on this matter. If there is anything further I can help you with, please don't hesitate to call me at 949-58 8557 ext. 251. Sincerel Shawn K. Millbern �,��G- Sr. Vice President cue, 66M&' port Center Drive,Suite 1050 7 - Box 8680 Newport Beach,California 92658-8680 (949)759-8091 i CITY OF HUNTINGTON BEACH Inter-Department Communication TO: Connie Brockway, City/Agency Clerk FROM: Gail Hutton, City Attorney/Agency General Counsel DATE: September 21, 2001 SUBJECT: Review of Recorded Deed Restriction RLS 2001-0238 BACKGROUND On November 20, 2000, the City Council and Redevelopment Agency approved a settlement agreement concerning a dispute with the Coastal Commission over a portion of the property subject to the Waterfront DDA. As part of the settlement, the Council/Agency authorized the recordation of a deed restriction on a portion of the property. I The deed restriction was executed by the Mayor/Chairman Pro Tem. and recorded as specifically authorized by the Council/Agency on November 20, 2000. Conformed copies of the deed restriction were then forwarded to the Coastal Commission, along with a preliminary title report. The preliminary title report was issued to provide evidence to the Coastal Commission that the deed restriction had, in fact, been recorded. Upon your inquiry, the Coastal Commission provided you with a certified copy of its copy of the deed restriction, and you noticed that on the Coastal Commission's copy, some words were crossed out of the title, some hand written notations were made to the document, and a disclaimer stamp from the title company was affixed to the document. ISSUES I What is the legal effect of the changes that appear on the copy of the deed restriction that was provided to you by the Coastal Commission? When will a final title report will be issued? ANSWERS Although the document sent to you by the Coastal Commission may in fact be a correct copy of the document that is in the Coastal Commission's file, it is not a correct copy of the document that was recorded. We have obtained a certified copy from the County Recorder of the original document that was recorded. It is attached hereto as Attachment No. 1. 4-2000Memos:City Clerk—Review of Deed Restriction RLS 2001-0238 I Our examination of the official, certified copy of the document from the Recorder's office reveals that the title of the document as recorded was not changed from the document approved by the Council/Agency. The changes to the title of the copy of the document sent to you by the Coastal Commission were apparently made by the Coastal Commission, only to their copy, after the document was recorded. These changes have no legal effect. The handwritten notes on the document sent to you by the Coastal Commission do not appear on the official version, and were apparently written only onto the Coastal Commission's copy. This action has no legal effect. The standard disclaimer stamp applied by the title company to the original recorded document is affixed to indicate that the title company is merely recording the document as a service to the property owner, and that the title company has not reviewed the document for its potential legal effect. This stamp has no legal effect on the operation of the deed restriction itself. As to the preliminary title report, my understanding is that it was issued to provide evidence to the Coastal Commission that the document had been recorded. I do not believe that there are any plans on behalf of the City/Agency to obtain a final title report at this time, except as may be required pursuant to the transfer of the site to the developer pursuant to the DDA. If you have any further questions regarding this issue,please contact me at your earliest convenience. GAIL HUTTON City Attorney/Agency General Counsel cc: Honorable Mayor/Chairman and City Council/Agency Members Ray Silver, City Administrator/Executive Director David Biggs,Director of Economic Development/Deputy Executive Director Howard Zelefsky,Planning Director Attachments: 1. Certified copy of deed restriction from Recorder's Office 2. City Clerk's original transmittal to City Attorney dated 3-29-01 2 4-2000Memos:City Clerk—Review of Deed Restriction RLS 2001-0238 ATTACHMENT NO. 1 FECORDIRG REOUEM BY • FFAIVAEMMWa mtrmM COW41y Recorded in Official Records,County of Orange 1 RECORDING REQUESTED BYI AND I I Ga4 L. Granville, IClerk-Recorder RETURN TO: Il lllll lllil Mil Illll 111II IIIII hill lilil lilil illll IlI N O F E 2 California Coastal Commission 45 Fremont Street, Suite 2000 3 San Francisco, CA 94105-2219 20000689468 04:30pm 12/19/ 0 Attu: Legal Division 121 15 D12 49 4 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5 OPEN SPACE/WETLAND PRESERVATION AND 6 RESTORATION DEED RESTRICTION 7 8 I. WHEREAS, the City of Huntington Beach Redevelopment Agency, 9 hereinafter referred to as the "Owner," is the record owner of the real property in the City 10 of Huntington Beach,County of Orange, State of California,which is described on 11 Exhibit"A" attached hereto and incorporated herein by this reference(hereinafter referred 12 to as the "Property"); and v 13 II. WHEREAS, Mayer Financial, L.P., is the Developer of the Property 0 14 and the assignee of all right,title and interest of the Robert L. Mayer Trust in the 15 Property. The Robert Mayer Corporation is, and at various times has been, the agent and 16 representative of Mayer Financial, L.P.,and the Robert L. Mayer Trust. The Robert 17 Mayer Corporation, Mayer Financial,L.P., and Robert L. Mayer Trust are hereinafter 18 collectively referred to as"Mayer." 19 III. WHEREAS,the California Coastal Commission, hereinafter referred 20 to as the "Commission," is acting on behalf of the People of the State of California; and 21 IV. . WHEREAS,the subject property is located within the coastal zone 22 as defined in Section 30103 of Division 20 of the California Public Resources Code, 23 hereinafter referred to as the"California Coastal Act of 1976" (the "Act"); and 24 V. WHEREAS,the Property includes an area(the "Degraded Wetland 25 Area") within which there is an existing.696-acre degraded wetland located generally 26 1000 feet inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. 27 The Degraded Wetland Area is delineated generally on Exhibit"B" attached hereto and 28 /// THIS INSTRUMENT FILED FOR RECORD BY RICHARDS,WATSON FIRST AMERICAN TITLE INSURANCE COMPANY AS AN is GERSHON Allo-eys at law 1206310003\631622.5 1 ACCOMMODATION ONLY. IT HAS NOT BEEN EXAMINED AS TO ITS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE i 7 , I incorporated herein by this reference and described specifically on Exhibit "C" attached 2 hereto and incorporated herein by this reference. 3 VI. WHEREAS, on April 11,2000, the Commission approved, with 4 conditions, Coastal Development Permit No. A-5-HNB-99-275, an application filed by 5 the Robert L. Mayer Trust c/o the Robert Mayer Corporation and the Agency to fill the 6 Degraded Wetland Area in conjunction with the implementation of a wetland and riparian 7 woodland habitat restoration project at the Shipley Nature Center in the City of 8 Huntington Beach. 9 VII. WHEREAS,on September 13, 2000,the Commission adopted 10 Revised Findings to support its decision to approve Coastal Development Permit 11 No. A-5-HNB-99-275, finding that the development, as conditioned, is consistent with 12 the certified City of Huntington Beach Local Coastal Program. I3 VIII. WHEREAS, on May 17, 2000, project opponents filed a lawsuit 14 entitled Bolsa Chica Land Trust, et al. v. California Coastal Commission, et al.,Orange 15 County Superior Court Case No. OOC.CO5991, seeking to set aside the Commission's 16 approval of Coastal Development Permit No. A-5-HNB-99-275. 17 IX. WHEREAS, on September 14, 1998, the City of Huntington Beach 18 City Council granted the separate application of the Robert Mayer Corporation and Mayer 19 Financial, L.P., for Coastal Development Permit CDP 97-15, approving, inter alia, the 20 construction of the Grand Resort Hotel and Conference Center,located generally on the 21 north side of Pacific Coast Highway, west of Beach Boulevard and east of Huntington 22 Street, in the City of Huntington Beach. 23 X. WHEREAS, on September 22, 1998,the Commission acknowledged 24 receipt of the City's written Notice of Action on CDP 97-15, thereby commencing a 10 25 working day appeal period. 26 XI. WHEREAS, on October 7, 1999,the Commission wrote the Robert 27 Mayer Corporation and City, informing them that the 10-day appeal period expired on 28 RICHARDS.WATSON a GCsNON Attorneys al Law 12063\0003\631622.5 2 Y , l October 6, 1998, that no appeals were received by the Commission, and that CDP 97-15 2 is therefore final. 3 XII. WHEREAS,pursuant to City of Huntington Beach CDP 97-15, 4 Mayer has undertaken substantial site preparatory work and contends that it has incurred 5 substantial liabilities in preparation for imminent construction of the Grand Coast Resort 6 Hotel and Conference Center. 7 XIII. WHEREAS, on September 12, 2000, the Staff of the Commission 8 issued a written Notice of Suspension to the City, suspending CDP 97-15 pending a 9 further review of the legal adequacy of the City's September 18, 1998 Notice of Action. 10 )UV. WHEREAS, the City, Agency and Mayer contend that said Notice of 11 Action was, and is, legally adequate and not subject to challenge. 12 XV. WHEREAS, on November 29, 2000, to resolve their disputed 13 matters, the Commission, City of Huntington Beach, Agency, and Mayer entered into a 14 Settlement Agreement, attached hereto as Exhibit "D" and incorporated herein by this 15 reference (hereinafter referred to as the "Settlement Agreement"). 16 XVI. WHEREAS, Paragraph 1 of the Settlement Agreement provides as 17 follows: 18 Recordation of Open Space/Wetland Preservation and Restoration Deed Restriction. The Agency shall execute and record a Deed Restriction over 19 the Degraded Wetland Area which limits, in perpetuity, the uses of the Degraded Wetland area to natural open space for wetland preservation and 20 restoration uses. The Deed Restriction shall run with the land,binding all successors and assigns, and shall be recorded free of prior liens that the 21 Executive Director of the Commission determines may affect the enforceability of the Deed Restriction. The Deed Restriction shall be 22 substantially 1n the form attached hereto as Exhibit "D," and shall not be removed or changed without a coastal development permit issued by the 23 Commission. The Deed Restriction shall not become effective unless and until the Commission issues the Notice required under Paragraph 2,below, 24 and City of Huntington Beach CDP 97-15 is, and remains, final and not subject to appeal to the Commission. 25 XVII. WHEREAS, Paragraph 2 of the Settlement Agreement further states 26 as follows: 27 28 RICHARDS.WATTON tt Attomaysaya a att Law 12063\0003\631622.5 3 i Y\ r• I Withdrawal of Commission Suspension Notice. Within five (5) days receipt of written proof that the Deed Restriction has been recorded 2 consistent with the terms and conditions of Paragraph 1, above, the Commission, through its Executive Director, shall issue a Notice of 3 Withdrawal of Suspension Notice ("Notice") to the City, with copies to the Agency and the Robert Mayer Corporation, formally withdrawing its 4 September 12, 2000 Notice of Suspension and advising that City of Huntington Beach CDP 97-15 is final and not subject to appeal to the 5 Commission. The Notice shall be substantially in the form attached hereto as Exhibit "E." The Commission shall take no action thereafter 6 inconsistent or in conflict with that Notice. 7 XVIII: WHEREAS,Owner has elected to comply with Paragraph 1 of the 8 Settlement Agreement and to execute this Deed Restriction to enable Owner and Mayer to 9 proceed with the development authorized by City of Huntington Beach CDP.97-15. 10 XIX. WHEREAS, the Parties have entered into the Settlement Agreement 11 without any admission of fault or liability of any kind or of any contention of any of the 12 Parties, but instead to avoid the costs and risks of litigation and to resolve this matter in a 13 manner mutually satisfactory to all of the Parties. 14 NOW,THEREFORE, in consideration of the mutual covenants and 15 agreements set forth in the Settlement Agreement,the Owner hereby irrevocably 16 covenants with the Commission that there be and hereby is created the following 17 restrictions on the use and enjoyment of the Degraded Wetland Area of the Property, to be 18 attached to and become a part of the deed to the Property. 19 1. COVENANT,CONDITION AND RESTRICTION. The 20 undersigned Owner, for itself and for its heirs, assigns and successors in interest, 21 covenants and agrees that: 22 the use of the Degraded Wetland Area as shown on Exhibits B and C, attached hereto and incorporated herein by reference, shall be limited to 23 natural open space for wetlands preservation and restoration uses. No development as defined in Public Resources Code section 30106, attached 24 hereto as Exhibit E and incorporated herein by reference, including but not limited to removal of trees and other major or native vegetation, grading, 25 paving, installation of structures such as signs, buildings, etc. shall occur or be allowed on the Degraded Wetland Area with the exception of the 26 following subject to applicable governmental regulatory requirements: 27 (a) the removal of hazardous substances or conditions or diseased plants or trees; 28 RIC"AAOS.WATSON Q GEHON Attorneys at Law 12063\0003\631622.5 4 i r 1 (b) environmental education uses pursuant to a coastal development permit, if required; and 2 (c) wetland restoration uses pursuant to a coastal development permit, if 3 required. 4 2. DURATION. This Deed Restriction shall not become effective 5 unless and until the Commission issues the Notice required under Paragraph 2 of the 6 Settlement Agreement, and City of Huntington Beach CDP 97-15 is, and remains, final 7 and not subject to appeal to the Commission. Once effective, the Deed Restriction shall 8 remain in full force and effect in perpetuity, unless subsequently removed or changed by a 9 Coastal Development Permit issued by the Commission, and thereby confers benefit upon 10 the Property described herein, and shall bind Owner and all its assigns or successors in 11 interest. 12 3. RIGHT OF ENTRY. The Commission or its agent may enter on to 13 the Degraded Wetland area of the Property from Beach Boulevard at times reasonably 14 acceptable to the Owner to ascertain whether the use restrictions set forth above are being 15 observed. 16 4. REMEDIES. Any act, conveyance, contract, or authorization by the 17 Owner, whether written or oral, which uses or would cause to be used or would permit 18 use of the Property contrary to the terms of this Deed Restriction will be deemed a 19 violation and a breach hereof. The Commission and the Owner may pursue any and all 20 available legal and/or equitable remedies to enforce the terms and conditions of this Deed 21 Restriction. In the event of a breach, any forbearance on the part of either party to 22 enforce the terms and provisions hereof shall not be deemed a waiver of enforcement 23 right regarding any subsequent breach. 24 5. TAXES AND ASSESSMENTS. It is intended that this Deed 25 Restriction is irrevocable and shall constitute an enforceable restriction within the 26 meaning of(a) Article XIII, section 8, of the California Constitution; and (b) section 27 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, 28 this Deed Restriction shall be deemed to constitute a servitude upon and burden to the RICMAROS, WATSON S GERa NON Attorneys at law 12063\0003\631622.5 5 i 1r r I property within the meaning of section 3712(d) of the California Revenue and Taxation 2 Code, or successor statute, which survives a sale of tax-deeded property. 3 6. SEWRABILITY. If any provision of these restrictions is held to 4 be invalid, or for any reason becomes unenforceable, no other provision shall be thereby 5 affected or impaired. 6 7 Dated: //- 2 q , 2000 8 REDEVELOPMT AGENC OF THE CITY OF HUNTINGTON BEACH 9 SIGNED: 10 Tom Harman, Chairman Pro Tem PRINT OR TYPE NAME OF ABOVE 11 12 * * NOTARY ACKNOWLEDGMENT ON THE NEXT PAGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RICHARDS.WATSON Q GERSNON Attorneys at Caw 12063\0003\631622.5 6 1 I STATE OF CALIFORNIA COUNTY OF ORANGE 2 3 On N6VBteii before me, � ►'a- �� �� , a Notary Public 4 personally appeared !- vw►" , ge}s � n 5 to-me-(erproved to me on the basis of satisfactory evidence) to be the person(&.) whose 6 name(S) 'a+e subscribed to the within instrument and acknowledged to me that 7 Qsho4thoy executed the same in(�ir authorized capacity(, and that by 8 ( it signatures) on the instrument the personts), or the entity upon behalf of 9 which the person(s) acted, executed the instrument. 10 WITNESS my hand and official seal. - - - - - - - - - - - - - 12 Signature a 0=911coift —carwft I coonNwh- - -+ Aw 2X 2 13 /// 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RICHARDS.WATSON R GERSHON Altamaya at Law 12063\0003\631622.5 7 I This is to certify that the deed restriction set forth above is hereby 2 acknowledged by the undersigned officer on behalf of the California Coastal Commission 3 pursuant to authority conferred by the California Coastal Commission when it executed 4 the Settlement Agreement attached hereto as Exhibit "D" and the California Coastal 5 Commission consents to recordation thereof by its duly authorized officer. 6 7 Dated: Z000 8 9 10 o n Bowers, Staff Counsel California Coastal Commission 11 STATE OF CALIFORNIA 12 COUNTY OF SAN FRANCISCO 13 On /]- I Y/E Ce� _before me, Deborah L. Bove , a Notary Public 14 personally appeared John Bowers ,personally known 15 to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose 16 name(s) is/are subscribed to the within instrument and acknowledged to me that 17 he/she/they executed the same in his/her/their authorized capacity(ies), and that by 18 his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of 19 which the person(s) acted, executed the instrument. 20 WITNESS my hand and official seal. 21 Signature DEBORAH L. BOVE 22 COMM. #1239052 'n CL NSOATN�FYRANNC gSC�O� o 23 My Comm•Expires Oct 21,M03 24 25 26 27 28 RICHARDS.WATSON tr 'eRSNON AllorneYs at Law 12063\0003\631622.5 8 i , t EXHIBIT "A" THE PROPERTY—LEGAL DESCRIPTION 12063`•.0003'.633 576.1 Page 1 of 4 T EXHIBIT 'A' the "Property" PAGE I Of 3 PAGES P.O.B. BEACH BLVD CONSTRUCTION 00'1 _ c o T LrNf SEC ra-6-r 1 7'01" w +o 1052.24' T.P.O.B. ^' unf DATA NO. DIRECTION DISTANCE L l S 60'57'59" W 30.03' S 33'03'53" W (R) l Z L2 S 88'48'52" W 15.08' can L3 N 52'54'04" W 170.18' / L4 IN 56'44'15" W 126.00' L5 N 51'02'09" W 122.87' L6 N 56'06'20" W 45.02' / L 7 N 11'30'02" W 20.77' G L8 N 3756'06" E 15.58' s L9 IN 52'03'54" W 34.00' L 10 S 37'56'06" W 16.76' a L l l N 52'03'54" W 9.00' G") L 12 N 52'0354" W 9.00' 00 L 13 N 37'56'06" E 7.28' L 14 IN 5,703'54" W 34.00' LQ L 15 IS 3756'06" W 14.96' 'ate, L 16 S 82'5334" W 16.47' C,a J r L17 N 4718*11" E 7.52' TF' 1�JJJ 08 N 47*41'l8" W 38.85' L19 N 89'15'39' W 50.00' L9 L8 Gh L 1 D �o L 13 L 1 L14 L 1s `>> CLAVE DATA N'LY LINE L 16 S112 NE1/4 NUMBER DELTA RADWS LENGTH SEC 14-6-11 �► / Cl 16'41'10" 94.00' 27.38' C2 21'35'54' 1065.00' 401.47'/6,. ----- \jri• O� P C3 03'50'11" 1135.00' 76.00' L ri r ? \ C4 05'42'06" 1065.00' 105.98' dcc C5 05'33 16 I I J5.00' 110.03 ,� �P G JO�o � !WA113 79 9/ -�7 0 C6 WOW 1060.00' 51.87' C7 05*54'17' 2452.00' 252.70' , ' `� L1 R.O.W. DEDICATED PER DOC. Z- gyp. RECORDED SPT. 1, 1995 AS NIINS. NO. 95-0364 748 O.R. Sd' ldd' 2 d' 400' rig 7r .1 ;\:')Itiil� JJ /-';%i-'1\ GRAPHIC SCALE Page 2 of 4 i _ T EKHIBIT A' PAGE 2 OF 3 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE I WEST OF THE RANCHO LAS SOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THAT LAND SHOWN AS THE DESIGNATED REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 14, PER SAID TRACT NO. 15535; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF NORTH 89'15'39" WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT NO. 15535, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY RIGHT OF WAY SOUTH 00'17'01" WEST 1052.24 FEET TO A POINT ON THE GENERAL NORTHERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE DEDICATED PER SAID TRACT NO. 15535. THENCE ALONG SAID GENERAL NORTHERLY RIGHT OF WAY THROUGH THE FOLLOWING COURSES, SOUTH 60'5759" WEST 30.03 FEET; THENCE SOUTH 88'48'52" WEST 15.08 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 94.00 FEET; THENCE WESTERLY ALONG SAID CURVE 27.38 FEET THROUGH A CENTRAL ANGLE OF 16'41'10" TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET, A LINE RADIAL TO SAID POINT BEARS SOUTH 15'30'02" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 326.48 FEET THROUGH A CENTRAL ANGLE OF 21'3554'; THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT OF WAY THROUGH THE FOLLOWING COURSES, THENCE TANGENT TO SAID CURVE NORTH 52*54'04' WEST 170.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET; THENCE ALONG SAID CURVE 76.00 FEET THROUGH A CENTRAL ANGLE OF 03'5O'11'. THENCE TANGENT TO SAID CURVE NORTH 5644'15' WEST 126.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG SAID CURVE 105.98 FEET THROUGH A CENTRAL ANGLE OF 05'42'06"; THENCE TANGENT TO SAID CURVE NORTH 51'02'09" WEST 122.87 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET.• THENCE ALONG SAID CURVE 110.03 FEET THROUGH A CENTRAL ANGLE OF 05'33'16"- THENCE TANGENT TO SAID CURVE NORTH 56'0620" WEST 45.02 FEET. THENCE NORTH 11.30'02" WEST 20.77 FEET; THENCE NORTH 3756'06" EAST 15.58 FEET; THENCE NORTH 52'03'54" WEST 34.00 FEET; THENCE SOUTH 37 56'06" WEST 16.76 FEET; THENCE NORTH 52'03'54" WEST 1&00 FEET; THENCE NORTH 3756'06' EAST 7.28 FEET. THENCE NORTH 52'03'54" WEST 34.00 FEET: THENCE SOUTH 37'56'06" WEST 14.96 FEET: THENCE SOUTH 82'53'34" WEST 16.47 FEET. THENCE NORTH 56'06'20' WEST 315.97 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1060.00 FEET;THENCE ALONG SAID CURVE 51.87 FEET THROUGH A CENTRAL ANGLE OF 02'48'13" TO A POINT ON THE GENERAL NORTHEASTERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER DOCUMENT RECORDED SEPTEMBER 1, 1995, AS INSTRUMENT NUMBER 95- 0384748, RECORDS OF THE COUNTY OF ORANGE, A LINE RADIAL. TO SAID POINT BEARS SOUTH 36'41'53" WEST; THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY PER SAID TRACT NO. 15535 AND CONTINUING ALONG SAID GENERAL NORTHEASTERLY RIGHT OF WAY PER SAID DOCUMENT, THROUGH THE FOLLOWING COURSES; THENCE NORTH 4718'11" EAST 7.52 FEET: THENCE NORTH 4741'18" WEST 38.85 FEET TO THE BEGINNING OF A TANGENT Page 3 of 4 i EXHIBIT 'A' PAGE 3 OF 3 PAGES CURVE. CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2452.00 FEET; THENCE ALONG SAID CURVE 252.70 FEET THROUGH A CENTRAL ANGLE OF 05-54-17" TO SAID NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-OUARTER OF SAID SECTION 14; THENCE LEAVING SAID GENERAL NORTHEASTERLY RIGHT OF WAY, ALONG SAID NORTH LINE SOUTH 89"15.39" EAST 1658.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 22.65 +/- ACRES AS SHOWN ON PAGE 1 OF THIS EXHIBIT W. n DATED THIS __'j� DAY OF _±10� b�'�r 2000 LAND L. J SELTON. L.S. 5347 12/31/03 E 12/31/03 Of CAA Page 4 of 4 EXHIBIT "B" DEGRADED WETLAND AREA—GENERAL CONFIGURATION 1206310003\633576.1 Page 1 of 2 I EK llB 1 B' PAGE 1 OF 1 PAGES BEACH BOULEVARD DEGRADEDWEW J exfatFng � d&rjd rg the 'Property Z- 10 ' GRAPHIC SCALE Page 2 of 2 I EXHIBIT licit DEGRADED WETLAND AREA—LEGAL DESCRIPTION 12063\0003\633576.1 Page ] of 3 ExhaT IcySUN&SL DRIVE N89'75' "liv PAGE 1 OF 2 PAGES N89'15'39"W 50.00 P.O.B. 1 LJRE DATA NO. DIREC770M DISTANCE + I L 1 S Oo'17'7 0' W 257.55' S L2 N 8733'370 W 14.00' L3 N 01'08'12- E 8.59' 70'. 68' L4 N 45'11'30*W 65.40' in 738' 00 L5 N 85'23'000 W 35 27' "Z L6 S 24'5548' W 21.J1' U N 87172J' W 4509' 1 LB S 4723@51' W 104.14' t L9 S 84'57'19' W 7.30' ^ �, L10 N 35*2646" W 36.J3' Of f N 25'58'40" E 262.04 �O O L 12 N 22*27'35' W 4.50' L 13 N 46*37*29" E 23.07' o V L 14 N 24'21'30' E 720.69' cWn I z L 15 N 8J7733' £ 17.12' L.16 S OZ55'37- W 92.82' 07 S 5ZO5449" W 37.38' IF LIP � 1 08 S 25020'52' E 21JI' Lii! I 09 N 6O'2317' E 3154' GRAPHIC SCALE L20 S 48'29'43- E J7.00' L21 S 13'5724' W 77.40' I I (� 1 L22 S 44'05'07" W 34.49' ? t L23 N 5W31'38' W 21.74' L24 S 29'01'58" E 26.68' L25 S 78'10'37' E 18.00' L26 N J3'19'31' E 98.78' I L27 N 00'1419' E 65.86' m 1 L28 N 89'42'50' E 6.00' T. J.0.18. r� Leg N v � l l L2S I I L7 1 L3 L 1 Page 2 of 3 1. 1 EKHBff '^' PAGE 2 OF 2 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CAUFORNIA;BEING A POR77ON OF SECTION 74, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LOS BOLSAS, AS PER MAP RECORDED IN BOOK 51. PAGE 14. RECORDS OF THE COUNTY OF ORANGE MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THAT LAND DESIGNATED AS REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14. 1999 IN BOOK 790. PAGES 44 THROUGH 50, 1NCLUSIVI« OF MAPS, RECORDS OF THE COUNTY OF ORANGE MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14. PER SAID TRACT MAP; THENCE ALONG THE NORTHERLY UNE OF SAID SOUTH ONE-HALF. NORTH 89*15*390 WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT MAP; THENCE ALONG SAID WESTERLY RIGHT OF WAY. SOUTH 00'17'01' WEST 681.85 FEET TO THETRUE POINT Of BEGINNING: THENCE, CONTINUING ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 00'17'10' WEST 257.55 FEET; THENCE~ LEAVING SAID WESTERLY RIGHT OF WAY. NORTH 87-33'37- WEST 14.00 FEET; THENCE NORTH 01'08'12- EAST 8.59 FEET; THENCE NORTH 45'11'30' WEST 65.40 FEET; THENCE NORTH 85023'00' WEST 35.27 FEET; THENCE SOUTH 24'55'48- WEST 21.31 FEET; THENCE NORTH 87-17'23- WEST 48.09 FEET; THENCE SOUTH 47'23'51- WEST 104.14 FEET; THENCE SOUTH 84'57'19- WEST 7.30 FEET; THENCE NORTH 3S26480 WEST 36.33 FEET; THENCE NORTH 25'58'40' EAST 262.04 FEET, THENCE NORTH 22*27*350 WEST 4.50 FEET; THENCE NORTH 46'3729' EAST 23.07 FEET, THENCE NORTH 24'21'30' EAST 120.69 FEET; THENCE NORTH 83'27'33' EAST I Z 12 FEET; THENCE SOUTH 02'55'37' WEST 92.82 FEET; THENCE SOUTH 52'0549' WEST 37.38 FEET; THENCE-SOUTH 25'20'52' EAST 21.31 FEET; THENCE NORTH 60'23'l r EAST 33.54 FEET. THENCE SOUTH 48'29'43' FAST 37.00 FEET; THENCE SOUTH 13'57'24' WEST 77.40 FEET; THENCE SOUTH 44'05'07' WEST 34.49 FEET; THENCE NORTH 56'31'38- WEST 21.74 FEET; THENCE SOUTH 29'01'58' FAST 26.68 FEET, THENCE SOUTH 78'10'37- FAST 18.00 FEET; THENCE NORTH 33'19'31' EAST 98.78 FEET; THENCE NORTH 00'14'O9' EAST 65.86 FEET; THENCE NORTH 89'42'50' FAST 6.00 FEET; TO SAID WESTERLY RIGHT OF WAY AND THE TRUE POINT OF BEGINNING. CONTAINS 43,651 SQUARE FEET OR 1.002 ACRES OF LAND. MORE OR LESS.- AS SHOWN ON PAGE 1 OF THIS EXHIBIT lCt �1 DATED THIS 13 DAY OF D � t b - 2000 UUIp IL DF* 12/31/b3 USELTON, L.S. 5.347 P. 12/31/03 of �►u� Page 3 of 3 EXHIBIT "D" SETTLEMENT AGREEMENT 12063\0003\633576.1 Page 1 of 30 i 1 SETTLEMENT AGREEMENT 2 3 This Settlement Agreement("Agreement") is entered into by and between 4 the California Coastal Commission ("Commission"), the City of Huntington Beach 5 ("City), the Huntington Beach Redevelopment Agency("Agency"), and the Robert Mayer 6 Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust(collectively, "Mayer"). 7 The Commission, City, Agency and Mayer are sometimes collectively referred to in this 8 Agreement as "the Parties." 9 RECITALS 10 WHEREAS, the Agency is the owner in fee simple of certain real property 11 in the City of Huntington Beach,County of Orange, State of California,which is 12 described on Exhibit "A" attached hereto and incorporated herein by this reference(the 13 "Property"). 14 WHEREAS, Mayer Financial, L.P., is the Developer of the Property and the 15 assignee of all right, title and interest of the Robert L. Mayer Trust in the Property. The 16 Robert Mayer Corporation is, and at various times has been, the agent and representative 17 of Mayer Financial, L.P., and the Robert L. Mayer Trust. 18 WHEREAS, the Property includes an area(the "Degraded Wetland Area") 19 within which there is an existing .696-acre degraded wetland located generally 1000 feet 20 inland of the northwest comer of Pacific Coast Highway and Beach Boulevard. The 21 Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 22 incorporated herein by this reference and described specifically on Exhibit "C"attached 23 hereto and incorporated herein by this reference. 24 WHEREAS,on April 11, 2000, the Commission approved, with conditions, 25 Coastal Development Permit No. A-5-HNB-99-275, an application filed by the Robert L. 26 Mayer Trust and the Agency to fill the Degraded Wetland Area in conjunction with the 27 implementation of a wetland and riparian woodland habitat restoration project at the 28 Shipley Nature Center in the City of Huntington Beach. RICMA"D6, WATSON R GERSNON Allornfy3 at law 12063\0003\631622.4 1 Page 2 of 30 I WHEREAS, on September 13, 2000, the Commission adopted Revised 2 Findings to support its decision to approve Coastal Development Permit No. A-5-HNB- 3 99-275, finding that the development, as conditioned, is consistent with the certified City 4 of Huntington Beach Local Coastal Program. 5 WHEREAS, on May 17,2000, project opponents filed a lawsuit entitled 6 Bolsa Chica Land Trust, et al. v. California Coastal Commission, et al., Orange County 7 Superior Court Case No. OOCCO5991, seeking to set aside the Commission's approval of 8 Coastal Development Permit No. A-5-HNB-99-275. 9 WHEREAS, on September 14, 1998, the City of Huntington Beach City 10 Council granted the separate application of the Robert Mayer Corporation and Mayer 11 Financial, L.P., for Coastal Development Permit CDP 97-15, approving, inter alia, the 12 construction of the Grand Coast Resort Hotel and Conference Center, located generally 13 on the north side of Pacific Coast Highway,west of Beach Boulevard and east of 14 Huntington Street, in the City of Huntington Beach. 15 WHEREAS, on September 22, 1998, the Commission acknowledged 16 receipt of the City's written Notice of Action on CDP 97-15, thereby commencing a 10 17 working day appeal period. 18 WHEREAS, on October 7, 1998,the Commission wrote the Robert Mayer 19 Corporation and City, informing them that the 10-day appeal period expired on October 6, 20 1998,that no appeals were received by the Commission, and that CDP 97-15 is therefore 21 final. 22 WHEREAS,pursuant to City of Huntington Beach CDP 97-15, Mayer has 23 undertaken substantial site preparatory work and contends that it has incurred substantial 24 liabilities in preparation for imminent construction of the Grand Coast Resort Hotel and 25 Conference Center. 26 WHEREAS, on September 12,2000, the Staff of the Commission issued a 27 written Notice of Suspension to the City, suspending CDP 97-15 pending a further review 28 of the legal adequacy of the City's September 18, 1998 Notice of Action. The City, RICHAROS.WATSON e GiRSNON AtWna,a et low 12063\0003\631622.4 2 Page 3 of 30 I Agency and Mayer contend that said Notice of Action was, and is, legally adequate and 2 no longer subject to challenge. 3 WHEREAS, the Parties have since conducted a thorough review of the 4 disputed matters, and have agreed to a full, final and complete settlement on the terns 5 and conditions set forth herein. 6 WHEREAS,this Agreement is entered into by the Commission,City, 7 Agency and Mayer, and each of them,without any admission of fault or liability of any 8 kind or of any contention of any of the Parties,but instead to avoid the costs and risks of 9 litigation and to resolve this matter in a matter mutually satisfactory to all of the Parties. 10 11 AGREEMENT 12 NOW,THEREFORE, in consideration of the mutual covenants and 13 promises contained herein, the Commission, City,Agency and Mayer agree to settle the 14 disputed matters upon the following terms and conditions: 15 1. Recordation of Open Space/Wetland Preservation and Restoration 16 Deed Restriction. The Agency shall execute and record a Deed Restriction over the 17 Degraded Wetland Area which limits, in perpetuity,the uses of the Degraded Wetland 18 area to natural open space for wetland preservation and restoration uses. The Deed 19 Restriction shall run with the land,binding all successors and assigns, and shall be 20 recorded free of prior liens that the Executive Director of the Commission determines 21 may affect the enforceability of the Deed Restriction. The Deed Restriction shall be 22 substantially in the form attached hereto as Exhibit I'D," and shall not be removed or 23 changed without a coastal development permit issued by the Commission. The Deed 24 Restriction shall not become effective unless and until the Commission issues the Notice 25 required under Paragraph 2, below, and City of Huntington Beach CDP 97-15 is, and 26 remains, final and not subject to appeal to the Commission. 27 2. Withdrawal of Commission Suspension Notice. Within five(5) days 28 receipt of written proof that the Deed Restriction has been recorded consistent with the RICHARDS.WAT30N &GERSHON Attornoy7 at Law 12063\0003\631622.4 3 Page 4 of 30 f I terms and conditions of Paragraph 1, above,the Commission, through its Executive 2 Director, shall issue a Notice of Withdrawal of Suspension Notice("Notice")to the City, 3 with copies to the Agency and the Robert Mayer Corporation, formally withdrawing its 4 September 12, 2000 Notice of Suspension and advising that City of Huntington Beach 5 CDP 97-15 is final and not subject to appeal to the Commission. The Notice shall be 6 substantially in the form attached hereto as Exhibit "E." The Commission shall take no 7 action thereafter inconsistent or in conflict with that Notice. 8 3. Abandonment of Permit AFproval. The Agency and Mayer agree to 9 abandon the Commission's approval of Coastal Development Permit A-5-HNB-99-275, 10 effective upon issuance by the Commission of the Notice required under Paragraph 2, 11 above; provided, however, that the Commission's approval of Coastal Development 12 Permit A-5-HNB-99-275 shall remain in full force and effect unless and until the 13 Commission issues the Notice required under Paragraph 2, above, and City of Huntington 14 Beach CDP 97-1.5 is, and remains, final and not subject to appeal to the Commission. 15 The Agency and Mayer shall confirm this abandonment of permit approval to the 16 Commission in writing within ten (10) days' receipt of the Notice. 17 4. No Restoration Obligation. When the Agency and Mayer abandon 18 the Commission's approval of Coastal Development Permit A-5-HNB-99-275, said 19 Coastal Development Permit shall be of no force and effect, including but not limited to 20 any obligation by Mayer to undertake the wetland and riparian woodland habitat 21 restoration project at the Shipley Nature Center. Neither the Agency nor Mayer is under 22 any obligation to restore the Degraded Wetlands Area. 23 5. Future Conveyance of Degraded Wetland Area. The Agency may at 24 any time convey the Degraded Wetland Area, separate and apart from balance of the 25 Property, to the City or any other public agency for wetland restoration and other 26 purposes subject to and consistent with the Deed Restriction. 27 28 RICHARDS WATSON h GQRSNON Altomeys al Lew 12063\0003\631622.4 4 Page 5 of 30 1 6. ' Obligation to Remove Trash and Debris from Degraded Wetland 2 Area. The Agency and its successors and assigns shall maintain the Degraded Wetland 3 Area free of trash and debris. 4 7. Duty to Cooperate. The parties agree to cooperate in effectuating 5 the terms and conditions of this Agreement. 6 8. Binding Effect. This Agreement shall inure to the benefit of and 7 shall be binding upon the heirs, successors, assigns, representatives, and beneficiaries of 8 the parties. 9 9. No Admission of Liability or Wrongdoing. This Agreement is solely 10 for the purpose of compromising doubtful and disputed claims and avoiding litigation. 11 The Agreement shall not be construed as an admission of liability or wrongdoing of any 12 party or of any contention of any party. 13 10. Paragraph Headin&s. The paragraph headings contained herein are 14 for descriptive purposes only and are not intended to convey or change the meaning of 15 any provision hereof. 16 11. Interpretation. This Agreement shall be construed in accordance 17 with the laws of the State of California. 18 12. Legal Advice. Each party has received independent legal advice 19 from its attorneys with respect to the advisability of executing this Agreement and the 20 meaning of the provisions hereof. The provisions of this Agreement shall be construed as 21 to the fair meaning and not for or against any party based upon any attribution of such 22 party as the sole source of the language in question, it being expressly understood that the 23 parties hereto participated equally or had equal opportunity to participate in the drafting 24 thereof. 25 13. Execution in Counterparts. This Agreement may be executed in 26 counterparts, and when each party has signed and delivered at least one such counterpart, 27 each counterpart shall be deemed an original and, when taken together with the other 28 counterparts, shall constitute the Settlement Agreement. RICHARDS,WATSON Q GERSHON Attorneys at La. 12063\0003\631622.4 5 Page 6 of 30 1 IN WITNESS WHEREOF, the parties hereto have each approved and 2 executed this Settlement Agreement on the date set forth below. 3 4 DATED: AIV /�2606 CALIF I C PAS ILCOMMISSION 5 By: 6 Its: Cyp. !Z'b J{ Di]'-E 7 8 DATED: ��—yo_ 2�� CITY OF HUNTINGTON BEACH 9 By: 10 Its: G r i-- 1)v 11 12 fj_Za_y�GG DATED: CITY OF HUNTINGTON BEACH 13 REDEVELOPMENT AGENCY 14 By: K;'. 15 Its: XFGLi7VL � )VcGlaf� 16 DATED: 11/16/2 0 0 0 ROBER� MA R C ORATION 17 By: 18 Its: President 19 20 DATED: 11/16/2 0 0 0 MAYER FINANCIAL,L.P. 21 By: 22 Its; Vice Pre 'd t/Secretar 23 DATED: 11/16/2000 ROBERT MAYER TRUST 24 By: 25 Its; Trustee 26 27 28 [Signatures Cont'd Next Page] RICHARDS�WATSON 6 GERSHON Attorneys at Law 12063\0003\631622.4 6 Page 7 of 30 I f 1 IN WITNESS WHEREOF,the parties hereto have each approved and 2 executed this Settlement Agreement on the date set forth below. 3 4 DATED: CALIFORNIA COASTAL COMMISSION 5 By: 6 Its: 7 8 DATED: 11-Z, 1-00 CITY O� GTON BEACH 9 By: 10 Its: M�v/o'e n.n 11 12 DATED: 1/-Z 0 -0D CITY OF HUNTINGTON BEACH 13 REDEOPM AGENCY 14 By: q 15 Its: 6A,4i tr ',f y &o 7"2-,*1 16 DATED: ROBERT MAYER CORPORATION 17 By: 18 Its: 19 20 DATED: MAYER FINANCIAL, L.P. 21 By: 22 Its: 23 DATED: ROBERT MAYER TRUST 24 By: 25 Its: 26 27 28 [Signatures Cont'd Next Page] RICHARD$,WATSON s GaRSHON Allome'.a1 gar 12063\0003\631622.4 6 Page 8 of 30 i I APPROVED AS TO FORM AND CONTENT: 2 RALPH F ST,JR., CHIEF COUNSEL 3 Z 4 By� 5 ph gust, ., Esq. Chie Couns for 6 CALIFO A COASTAL COMMISSION 7 8 GAIL HUTTON, CITY ATTORNEY PAUL D. D'ALESSANDRO, DEPUTY CITY ATTORNEY 9 10 By: 11 Paul D. D'Alessandro /'/ �// o Attorneys for CITY OF H IN TON BEACH and 12 CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY 13 14 RICHARDS, WATSON &GERSHON 15 16 By:Steven H. Kaufmann 17 Attorneys for ROBE MAYER CORPORATION, MAYER FINANCIAL, L.P. and ROBERT L. MAYER TRUST 18 19 20 21 22 23 24 25 26 27 28 RICNAR09,WATSON R GERS MON AuomeysatLaw 12063\0003\631622.4 7 Page 9 of 30 EXHIBIT "A" [TO SETTLEMENT AGREEMENT] THE PROPERTY—LEGAL DESCRIPTION l 2063\0003\633576.2 Page 10 of 30 EXhI1BiT 'A' the "Property" PAGE t OF 3 PAGES P.O.B. BEACH B-VD ,-CONSTRUCTION .:, S 00*17'01" W L1IVE SEC 14-6-1t 1052.24' T.P.O.B. LM DATA NO. DIRECTION DISTANCE / L I S 60'S759' W 30.03' S 33'03'S3' W L2 S 88'4852' W 15.08' / L3 N 5254'04" W 170.18' / L4 N 56'44'15" W 126.00' L5 N 51'02'09' W 122.87' / L6 N 56'06'20' W 45.02' / L7 N 11'30'020 W 20.77' L8 N 3756'06' E 15.58' ,� 9 L9 N 5703 54" W 34.00' L f 0 S 3756'06' W 16.76' 01 N 52'0354' W 9.00' 'h L 12 N 52'03'54' W 9.00' L 13 N 3T56'06' E 7.28' ` L 14 N 52 03'S4" W 34.00' a 6, L 15 S 3756'06' W 14.96' 6 L 16 S 82'53 34' W 16.47' L17 N 42'18 1 t' E 7.52 r Tr 155J3J����� y ;j o► L 18 N 47*4 f'f 8" W 38.85' i'llb/B 7 9014-5 0 N L 19 N 89'15 39" W 50.00' Lg L8 Z G LIO i7 L13 L14 �� L 15 CURVE DATA N'LY LINE L 16 S112 NE1/4 ? NUMBER DELTA RADIUS LENGTH SEC 14-6-11 Cl 16'41'10' 94.00' 27.38' �14,)- ��``' ` C2 21'35'54' 1065.00' 401.47' C3 03'50'110 1135.00' 76.00' �`�• hi�'t`/ LOT T 2 \ C4 05'42'06' 1065.00' 105.98' �. x r,p T r? 15535 C5 05'33 16 1 t 35.00' 1 f 0.03 MIVIB 790144JJ0 C6 0748013' 1060.00' 51.87' C7 05-54'17' 2452.00' 252.70' R.O.W. DEDICATED PER DOC. Z gyp. RECORDED SPT. 1. 1995 AS SINS. NO. 95-0364 748 O.R. 10a LOT A,6115' F 28146-r7 GRAPHIC SCALE Page 11 of 30 i I i EKH T 'A' PAGE 2 OF 3 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE C17Y OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE II WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51. PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THAT LAND SHOWN AS THE DESIGNATED REMAINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEA48ER 14. 1999 IN BOOK 790, PAGES 44 THROUGH 50, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY OF ORANGE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 14, PER SAID TRACT NO. 15535; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE-HALF NORTH 8T15'39m WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN ON SAID TRACT NO. 15535. SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY RIGHT OF WAY SOUTH 00'17'01" WEST 1052.24 FEET TO A POINT ON THE GENERAL NORTHERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER SAID TRACT NO. 15535, THENCE ALONG SAID GENERAL NORTHERLY RIGHT OF WAY, THROUGH THE FOLLOWING COURSES, SOUTH 6(757'59" WEST 30.03 FEET; THENCE SOUTH 88'48'52" WEST 15.06 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE NORTHERLY, HAVING A RADIUS OF 94.00 FEET; THENCE WESTERLY ALONG SAID CURVE 27.38 FEET THROUGH A CENTRAL ANGLE OF 16'41'10" TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 7065.00 FEET, A LINE RADIAL TO SAID POINT BEARS SOUTH 15'30'02" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 326.48 FEET THROUGH A CENTRAL ANGLE OF 21'35'54 THENCE CONTINUING ALONG SAID NORTHEASTERLY RIGHT OF WAY THROUGH THE FOLLOWING COURSES; THENCE TANGENT TO SAID CURVE NORTH 52'54'04" WEST 170.18 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET; THENCE ALONG SAID CURVE 76.00 FEET THROUGH A CENTRAL ANGLE OF 03'50'11',• THENCE TANGENT TO S41D CURVE NORTH 56'44'15" WEST 126.00 FEET TO THE BEGINNING OF A TANGENT CURVE: CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1065.00 FEET; THENCE ALONG SAID CURVE 105.98 FEET THROUGH A CENTRAL ANGLE OF 05'42'06 THENCE TANGENT TO SAID CURVE NORTH 51'02'09" WEST 122.87 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1135.00 FEET; THENCE ALONG SAID CURVE 110.03 FEET THROUGH A CENTRAL ANGLE OF 05'33'167, THENCE TANGENT TO SAID CURVE NORTH 56'06'20" WEST 45.02 FEET; THENCE NORTH 11'30'02" WEST 20.77 FEET; THENCE NORTH 3756'06' EAST 15.58 FEET; THENCE NORTH 52'03'54" WEST 34.00 FEET; THENCE SOUTH 3756'06" WEST 16.76 FEET; THENCE NORTH 52'03'54' WEST 18.00 FEET; THENCE NORTH 3756'06' EAST 7.28 FEET; THENCE NORTH 52'03'54" WEST 34.00 FEET.' THENCE SOUTH 3756'06' WEST 14.96 FEET: THENCE SOUTH 82'53'34" WEST 16.47 FEET; THENCE NORTH 56'0620" WEST 315.97 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1060.00 FEET; THENCE ALONG SAID CURVE 51.87 FEET THROUGH A CENTRAL ANGLE OF 02'48'13' TO A POINT ON THE GENERAL NORTHEASTERLY RIGHT OF WAY OF PACIFIC VIEW AVENUE, DEDICATED PER DOCUMENT RECORDED SEPTEMBER 1, 1995, AS INSTRUMENT NUMBER 95- 0384748, RECORDS OF THE COUNTY OF ORANGE, A LINE RADIAL TO SAID POINT BEARS SOUTH 36'41'53* WEST,• THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY PER SAID TRACT NO. 15535 AND CONTINUING ALONG SAID GENERAL NORTHEASTERLY RIGHT OF WAY PER SAID DOCUMENT, THROUGH THE FOLLOWING COURSES. THENCE NORTH 4718'11' EAST 7.52 FEET: THENCE NORTH 4741'18" WEST 38.85 FEET TO THE BEGINNING OF A TANGENT I Page 12 of 30 i EXHIBIT 'A' PAGE 3 OF 3 PAGES CURVE, CONCAVE SOUTHWESTERLY, WAVING A RADIUS OF 2452.00 FEET, THENCE ALONG SAID CURVE 252.70 FEET THROUGH A CENTRAL ANGLE OF 05554'17" TO SAID NORTH LINE OF THE SOUTH ONE—HALF OF THE NORTHEAST ONE—OUARTER OF SAID SECTION 14; THENCE LEAVING SAID GENERAL NORTHEASTERLY RIGHT OF WAY, ALONG SAID NORTH LINE SOUTH 89'15'39" EAST 1658.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 22.65 t/— ACRES AS SHOWN ON PAGE t OF THIS EXHIBIT A" DATED THIS _ 3 DAY OF !►o� b 2000 4 Exp. 12/31/03 J TON, L.S. 5347 VE t2/3t/03 !S OF p►1J� Page 13 of 30 i EXHIBIT "B" [TO SETTLEMENT AGREEMENT] DEGRADED WETLAND AREA—GENERAL CONFIGURATION 12063\0003\633576.2 Page 14 of 30 r jr�Y/���Q��� }/�� `/V ��Yf■ ,L' PAGE 1 OF 1 PAGES BEACH BOULEVARD DEGRADED \ WEna exiattnq � d7 \ \ GRAPHIC SCALE Page 15 of 30 i r EXHIBIT "C" [TO SETTLEMENT AGREEMENT] DEGRADED WETLAND AREA—LEGAL DESCRIPTION 12063\0003\633576.2 Page 16 of 30 I I SUNRISEN89'15'3 " �� N89'l5'39"W 50.00 wP.O.B. PAGE r OF z PAGES LM DATA Na DIRECTION DISTANCE ' I Ll S 00'1T l0" W 257.55' S ' L2 N 8733'37" W 14.00' 0 N 01'08'12" E 8.59' 70 , 68' L4 N 45-11.30V 65.40' 00 in 138' L5 N 85'23'00" W 35.27' L6 S 2455'48" W 21.31' °p so L7 N 8717*230 W 48.09' I L8 S 4723'510 W I04.14' I L9 S 84'57'19" W 7.30' CW L 10 N 3526'46' W 36.33' Lll N 25*58*400 E 262.04 p L 12 N 22 2735' W 4.50' L13 N 46'37'29' E 23.07' o v L14 N 24'21'300 E 120.690 vWi z L15 N M7'33' £ 17.12' W V L 16 S 02'55'37' W 92.82' I I I 07 S 52'05'490 W 37.38' 1qr 29rH• I L18 S 25*20,520 E 21.31' W V 9 N 60'23'17" E 33 54' GRAPHIC SCALE L20 I S 48'2943' E 37.00' : L21 S 13'57'24" W 77.40' I I L22 S 44'05'07" W 34.49' 1 L23 N 5631'38" W 21.74' L24 S 29'Ol'58" E 26.68' L25 S 7CIO'37" E 1&00' { L26 N 33 19'31' E 88.78' J I I L27 N 00'14'19' E 65.86' J. I L28 N 89'42'50" E 6.00' LIT P.O.IB. �N ap �g N V. v � 1 L7 I L3 L I i Page 17 of 30 EKHW 'C PAGE 1 OF 2 PAGES THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE; STATE OF CALIFORNIkBEING A PORTION OF SECTION 14. TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANCHO LOS BOLSAS. AS PER MAP RECORDED IN BOOK 51, PAGE 14, RECORDS OF THE COUNTY OF ORANGE MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THAT LAND- DESIGNATED AS REMINDER ON MAP THEREOF OF TRACT NO. 15535 RECORDED SEPTEMBER 14, 1999 IN BOOK 790. PAGES 44 THROUGH 50, INCLUSNE. OF MAPS, RECORDS OF THE COUNTY OF ORANGE MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE—HALF OF THE NORTHEAST ONE—QUARTER OF SAID SECTION 14, PER SAID TRACT MAP; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH ONE—HALF, NORTH 8715'39" WEST 50.00 FEET TO THE WESTERLY RIGHT OF WAY OF BEACH BOULEVARD AS SHOWN -ON SAID TRACT MAP; THENCE ALONG SAID WESTERLY RIGHT OF WAY. SOUTH 00'17'01" WEST 681.85 FEET TO THE TRUE POINT OF BEGINNING: THENCE, CONTINUING ALONG SAID WESTERLY RIGHT OF WAY. SOUTH 00 17'10" WEST 257.55 FEET. THENCE; LEAVING SAID WESTERLY RIGHT OF WAY. NORTH 87*3337' WEST 14.00 FEET; THENCE NORTH O1'08'12- EAST 8.59 FEET. THENCE NORTH 45'11'30' WEST 65.40 FEET; THENCE NORTH 85'23'00' WEST 35.27 FEET; THENCE SOUTH 24'5548" WEST 21.31 FEET. THENCE NORTH 87'17'23" WEST 48.09 FEET; THENCE SOUTH 47-23'5 1" WEST 104.14 FEET; THENCE SOUTH 84'5r 19" WEST 7.30 FEET; THENCE NORTH 35'26'46' 1VEST MM FEET; THENCE NORTH 25'58'40" EAST 262.04 FEET: THENCE NORTH 22'27'35' WEST 4.50 FEET. THENCE NORTH 46'3729" EAST 23.07 FEET; THENCE NORTH 24'21'30" EAST 120.69 FEET; THENCE NORTH 83'27'33' EAST I Z 12 FEET. THENCE SOUTH 02'5537' WEST 92.82 FEET, THENCE SOUTH 5705'49' WEST 37.38 FEET; THENCE SOUTH 25*20'52" EAST 21.31 FEET; THENCE NORTH 6072317' EAST 33.54 FEET. THENCE SOUTH* 48*29*430 EAST 37.00 FEET; THENCE SOUTH 13*57*24" WEST 77.40 FEET. THENCE SM74 44'05'07" WEST 34.49 FEET; THENCE NORTH 56'31'38' WEST 21.74 FEET; THENCE SOUTH 29'01'58' EAST 26.68 FEET; THENCE SOUTH 78'1O37' EAST MOO FEET. THENCE NORTH 33'19310 EAST 98.78 FEET, THENCE NORTH W 14'09' EAST 65.86 FEET. THENCE NORTH 89'42'50' EAST 6.00 FEET; TO SAID WESTERLY RIGHT OF WAY AND THE TRUE POINT OF BEGINNING. CONTAINS 43,651 SQUARE FEET OR 1.002 ACRES OF LAND. MORE OR LESS. AS SHOWN ON PAGE i OF THIS EXHIBIT 'C' DATED THIS DAY OF �D N'P.l''� ��.(. IOWZkz �p USELTON, L.S 5347 cs sx� 12/31/33 OF Page 18 of 30 EXHIBIT "D" (TO SETTLEMENT AGREEMENT] OPEN SPACE/WETLAND PRESERVATION AND RESTORATION DEED RESTRICTION 12063\0003\633576.2 Page 19 of 30 i I RECORDING REQUESTED BY AND RETURN TO: 2 California Coastal Commission 45 Fremont Street, Suite 2000 3 San Francisco, CA 94105-2219 Attn: Legal Division 4 5 OPEN SPACE /WETLAND PRESERVATION AND 6 RESTORATION DEED RESTRICTION 7 8 I. WHEREAS,the City of Huntington Beach Redevelopment Agency, 9 hereinafter referred to as the "Owner," is the record owner of the real property in the City 10 of Huntington Beach, County of Orange, State of California,which is described on 11 Exhibit "A" attached hereto and incorporated herein by this reference(hereinafter referred 12 to as the "Property"); and 13 II. WHEREAS,Mayer Financial, L.P., is the Developer of the Property 14 and the assignee of all right, title and interest of the Robert L. Mayer Trust in the 15 Property. The Robert Mayer Corporation is, and at various times has been,the agent and 16 representative of Mayer Financial, L.P.,and the Robert L. Mayer Trust. The Robert 17 Mayer Corporation, Mayer Financial, L.P., and Robert L. Mayer Trust are hereinafter 18 collectively referred to as"Mayer." 19 III. WHEREAS,the California Coastal Commission, hereinafter referred 20 to as the "Commission," is acting on behalf of the People of the State of California; and 21 IV. WHEREAS, the subject property is located within the coastal zone 22 as defined in Section 30103 of Division 20 of the California Public Resources Code, 23 hereinafter referred to as the "California Coastal Act of 1976"(the "Act"); and 24 V. WHEREAS, the Property includes an area(the "Degraded Wetland 25 Area") within which there is an existing .696-acre degraded wetland located generally 26 1000 feet inland of the northwest corner of Pacific Coast Highway and Beach Boulevard. 27 The Degraded Wetland Area is delineated generally on Exhibit "B" attached hereto and 28 RICHARD$ WATSON aGfiRSHON Attorneys at Law 12063\0003\631622.5 1 Page 20 of 30 I incorporated herein by this reference and described specifically on Exhibit "C" attached 2 hereto and incorporated herein by this reference. 3 VI. WHEREAS,on April 11, 2000, the Commission approved, with 4 conditions, Coastal Development Permit No. A-5-HNB-99-275, an application filed by 5 the Robert L. Mayer Trust c/o the Robert Mayer Corporation and the Agency to fill the 6 Degraded Wetland Area in conjunction with the implementation of a wetland and riparian 7 woodland habitat restoration project at the Shipley Nature Center in the City of 8 Huntington Beach. 9 VII. WHEREAS, on September 13,2000,the Commission adopted 10 Revised Findings to support its decision to approve Coastal Development Permit 11 No. A-5-HNB-99-275, finding that the development, as conditioned, is consistent with 12 the certified City of Huntington Beach Local Coastal Program. 13 VIII. WHEREAS, on May 17, 2000,project opponents filed a lawsuit 14 entitled Bolsa Chica Land Trust,et al. v. California Coastal Commission, et al., Orange 15 County Superior Court Case No. OOCCO5991, seeking to set aside the Commission's 16 approval of Coastal Development Permit No. A-5-HNB-99-275. 17 IX. WHEREAS, on September 14, 1998, the City of Huntington Beach 18 City Council granted the separate application of the Robert Mayer Corporation and Mayer 19 Financial, L.P., for Coastal Development Permit CDP 97-15,approving, inter alia,the 20 construction of the Grand Resort Hotel and Conference Center, located generally on the 21 north side of Pacific Coast Highway, west of Beach Boulevard and east of Huntington 22 Street, in the City of Huntington Beach. 23 X. WHEREAS, on September 22, 1998, the Commission acknowledged 24 receipt of the City's written Notice of Action on CDP 97-15,thereby commencing a 10 25 working day appeal period. 26 XI. WHEREAS, on October 7, 1998,the Commission wrote the Robert 27 Mayer Corporation and City, informing them that the 10-day appeal period expired on 28 RICNAROS.WATSON a GEsNON Attorneys at law 12063\0003\631622.5 2 Page 21 of 30 I October 6, 1998,that no appeals were received by the Commission, and that CDP 97-15 2 is therefore final. 3 XII. WHEREAS,pursuant to City of Huntington Beach CDP 97-15, 4 Mayer has undertaken substantial site preparatory work and contends that it has incurred 5 substantial liabilities in preparation for imminent construction of the Grand Coast Resort 6 Hotel and Conference Center. 7 XIII. WHEREAS,on September 12, 2000,the Staff of the Commission 8 issued a written Notice of Suspension to the City, suspending CDP 97-15 pending a 9 further review of the legal adequacy of the City's September 18, 1998 Notice of Action. 10 XIV. WHEREAS, the City,Agency and Mayer contend that said Notice of 11 Action was, and is, legally adequate and not subject to challenge. 12 XV. WHEREAS, on November , 2000,to resolve their disputed 13 matters, the Commission, City of Huntington Beach, Agency,and Mayer entered into a 14 Settlement Agreement, attached hereto as Exhibit I'D" and incorporated herein by this 15 reference (hereinafter referred to as the "Settlement Agreement"). 16 XVI. WHEREAS, Paragraph 1 of the Settlement Agreement provides as 17 follows: 18 Recordation of Onen SiDace/Wetland Preservation and Restoration Deed Restriction. The Agency shall execute and record a Deed Restriction over 19 the Degraded Wetland Area which limits, in perpetuity, the uses of the Degraded Wetland area to natural open space for wetland preservation and 20 restoration uses. The Deed Restriction shall run with the land,binding all successors and assigns, and shall be recorded free of prior liens that the 21 Executive Director of the Commission determines may affect the enforceability of the Deed Restriction. The Deed Restriction shall be 22 substantially in the form attached hereto as Exhibit I'D," and shall not be removed or changed without a coastal development permit issued by the 23 Commission. The Deed Restriction shall not become effective unless and until the Commission issues the Notice required under Paragraph 2,below, 24 and City of Huntington Beach CDP 97-15 is, and remains, final and not subject to appeal to the Commission. 25 XVII. WHEREAS,Paragraph 2 of the Settlement Agreement further states 26 as follows: 27 28 RICHARDS. WATSON tt G[ReHON 12063\0003\631622.5 3 AttOm�ys at La. Page 22 of 30 I I Withdrawal of Commission Suspension Notice. Within five(5) days receipt of written proof that the Deed Restriction has been recorded 2 consistent with the terms and conditions of Paragraph 1, above, the Commission, through its Executive Director, shall Issue a Notice of 3 Withdrawal of Suspension Notice ("Notice")to the City, with copies to the Agency and the Robert Mayer Corporation, formally withdrawing its 4 September.12, 2000 Notice of Suspension and advising that City of Huntington Beach CDP 97-15 is final and not subject to appeal to the 5 Commission. The Notice shall be substantially in the form attached hereto as Exhibit"E." The Commission shall take no action thereafter 6 inconsistent or in conflict with that Notice. 7 XVIII. WHEREAS, Owner has elected to comply with Paragraph 1 of the 8 Settlement Agreement and to execute this Deed Restriction to enable Owner and Mayer to 9 proceed with the development authorized by City of Huntington Beach CDP 97-15. 10 XIX. WHEREAS, the Parties have entered into the Settlement Agreement 11 without any admission of fault or liability of any kind or of any contention of any of the 12 Parties,but instead to avoid the costs and risks of litigation and to resolve this matter in a 13 manner mutually satisfactory to all of the Parties. 14 NOW, THEREFORE, in consideration of the mutual covenants and 15 agreements set forth in the Settlement Agreement,the Owner hereby irrevocably 16 covenants with the Commission that there be and hereby is created the following 17 restrictions on the use and enjoyment of the Degraded Wetland Area of the Property, to be 18 attached to and become a part of the deed to the Property. 19 1. COVENANT,CONDITION AND RESTRICTION. The 20 undersigned Owner, for itself and for its heirs, assigns and successors in interest, 21 covenants and agrees that: 22 the use of the Degraded Wetland Area as shown on Exhibits B and C, attached hereto and incorporated herein by reference, shall be limited to 23 natural open space for wetlands preservation and restoration uses. No development as defined in Public Resources Code section 30106, attached 24 hereto as Exhibit E and incorporated herein by reference,including but not limited to removal of trees and other major or native vegetation, grading, 25 ppaving, installation of structures such as signs,buildings, etc. shall occur or be allowed on the Degraded Wetland Area with the exception of the 26 following subject to applicable governmental regulatory requirements: 27 (a) the removal of hazardous substances or conditions or diseased plants or trees; 28 RICHARDS,WATSON t!GERSHON Attorneys at La- 12063\0003\631622.5 4 Page 23 of 30 • 1 (b) environmental education uses pursuant to a coastal development permit, if required; and 2 (c) wetland restoration uses pursuant to a coastal development permit, if 3 required. 4 2. DURATION. This Deed Restriction shall not become effective 5 unless and until the Commission issues the Notice required under Paragraph 2 of the 6 Settlement Agreement, and City of Huntington Beach CDP 97-15 is, and remains, final 7 and not subject to appeal to the Commission. Once effective, the Deed Restriction shall 8 remain in full force and effect in perpetuity, unless subsequently removed or changed by a 9 Coastal Development Permit issued by the Commission, and thereby confers benefit upon 10 the Property described herein, and shall bind Owner and all its assigns or successors in 11 interest. 12 3. RIGHT OF ENTRY. The Commission or its agent may enter on to 13 the Degraded Wetland area of the Property from Beach Boulevard at times reasonably 14 acceptable to the Owner to ascertain whether the use restrictions set forth above are being 15 observed. 16 4. REMEDIES. Any act,conveyance, contract, or authorization by the 17 Owner, whether written or oral, which uses or would cause to be used or would permit 18 use of the Property contrary to the terms of this Deed Restriction will be deemed a 19 violation and a breach hereof. The Commission and the Owner may pursue any and all 20 available legal and/or equitable remedies to enforce the terms and conditions of this Deed 21 Restriction. In the event of a breach, any forbearance on the part of either party to 22 enforce the terms and provisions hereof shall not be deemed a waiver of enforcement 23 right regarding any subsequent breach. 24 5. TAXES AND ASSESSMENTS. It is intended that this Deed 25 Restriction is irrevocable and shall constitute an enforceable restriction within the 26 meaning of(a) Article XIiI, section 8, of the California Constitution; and(b) section 27 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, 28 this Deed Restriction shall be deemed to constitute a servitude upon and burden to the RICMAROS,WATSON 4 GERS NON Attorneys at lew 12063\0003\631622.5 5 Page 24 of 30 i I property within the meaning of section 3712(d) of the California Revenue and Taxation 2 Code, or successor statute, which survives a sale of tax-deeded property. 3 6. SEVERABILITY. If any provision of these restrictions is held to 4 be invalid, or for any reason becomes unenforceable, no other provision shall be thereby 5 affected or impaired. 6 7 Dated: , 2000 8 9 SIGNED: 10 PRINT OR TYPE NAME OF ABOVE 11 12 * * NOTARY ACKNOWLEDGMENT ON THE NEXT PAGE 13 14 15 16 17 18 19 20 21 22 23 . 24 25 26 27 28 RICHARDS.WATSON 4 GHRSNON At,orMys at Law 12063\0003\631622.5 6 Page 25 of 30 I STATE OF CALIFORNIA COUNTY OF ORANGE 2 3 On before me, , a Notary Public 4 personally appeared , personally known 5 to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose 6 name(s) is/are subscribed to the within instrument and acknowledged to me that 7 he/she/they executed the same in his/her/their authorized capacity(ies), and that by 8 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of 9 which the person(s) acted, executed the instrument. 10 WITNESS my hand and official seal. 11 12 Signature 13 /// 14 15 16 17 W 18 19 20 21 22 HI 23 HI 24 25 26 /// 27 28 RICHARDS.WATSON d G6RlNGN Altomeye at Lew 12063\0003\631622.5 7 Page 26 of 30 i This-is to certify that the deed restriction set forth above is hereby 2 acknowledged by the undersigned officer on behalf of the California Coastal Commission 3 pursuant to authority conferred by the California Coastal Commission when it executed 4 the Settlement Agreement attached hereto as Exhibit I'D" and the California Coastal 5 Commission consents to recordation thereof by its duly authorized officer. 6 7 Dated: 8 9 10 California Coastal Commission it STATE OF CALIFORNIA 12 COUNTY OF SAN FRANCISCO 13 On before me, , a Notary Public 14 personally appeared , personally known 15 to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose 16 name(s) is/are subscribed to the within instrument and acknowledged to me that 17 he/she/they executed the same in his/her/their authorized capacity(ies), and that by 18 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of 19 which the person(s) acted, executed the instrument. 20 WITNESS my hand and official seal. 21 Signature 22 23 24 25 26 27 28 RICHARD$ WATSON f!GKRSHON Attorneys at law 12063\0003\631622.5 8 Page 27 of 30 EXHIBITS A-E TO OPEN SPACE/WETLAND PRESERVATION AND RESTORATION DEED RESTRICTION OMITTED AND NOT REPEATED HERE 12063\0003\633576.1 Page 28 of 30 I EXHIBIT "E" [TO SETTLEMENT AGREEMENT] NOTICE OF WITHDRAWAL OF SUSPENSION NOTICE 1 2063\0003\633576.2 Page 29 of 30 1 Date Mr. Howard Zelefsky Community Development Director City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 Mr. Steven Bone The Robert Mayer Corporation 660 Newport Center Drive, Suite 1050 Newport Beach, CA 92658-8680 Re: City of Huntington Beach CDP 97-15 Coastal Commission No. 5-HNB-98-203 Dear Gentlemen: This is to inform you that the suspension notice,issued by letter dated September 12,2000, from Deborah N. Lee to Howard Zelefsky, is hereby formally withdrawn. Pursuant to the Settlement Agreement entered into by and between the Commission,the City of Huntington Beach,the Huntington Beach Redevelopment Agency and the Mayer-related entities on November_, 2000,the Commission has determined that City of Huntington Beach Development Permit No. CDP 97-15 (5-HNB-98-203)is final and no longer subject to appeal to the Commission. Sincerely, PETER M. DOUGLAS Executive Director 12063\0003\632792.1 Page 30 of 30 • . w EXHIBIT "E" CAL.PUBLIC RESOURCES CODE SECTION 30106 12063\0003\633576.2 Page 1 of 2 i ' r r § 30106. Development "Development" means, on land, in or under water, the placement or erection of any solid. material -or structure; discharge or disposal or any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such Iand by a public agency .for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or altera- tion of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. (Added by Stats.1976, c. 1330, § 1.) Page 2 of 2 I v ♦ � K-1 I CEfit'tFY THAT,IF TW SIFAI.16 AFFIXED ��� COUNTY iY rt;RRE ii'4P(,TM IS A TRUE AND �� 9 m C:'''V7 COP`'Cf 1 if PERMANENT RECORD ,�if'„ �a c}Cfl RECORDED IN THIS OFFICE. a OA 2-S_� p� 9yc 02 E CaIJ#tY ATE©F GAUFa41lAA - G i ATTACHMENT NO. 2 Hx CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Gail Hutton, City Attorney Matt Lamb, Real Estate Manager FROM: Connie Brockway, City Clerk ll�j DATE: March 29, 2001 SUBJECT: Request For City Attorney& Real Property Department Review of Settlement Agreement—Open SpaceiWetland Preservation& Restoration Deed Restriction—Subordination Agreement and Title Report—Coastal Development Permit No. 97-15 The Mayer Corporation took charge of recording the above documents. I requested and received copies of the documents, however, the copies the Mayer Corporation provided are conformed copies. Deborah Bove, Legal Analyst, California Coastal Commission, provided certified copies of the original recorded documents on file at the Coastal Commission. i When the Title Company hired by Mayer Corporation recorded the original documents they gave the County Recorder copies to conform. The County Recorder does not check the conformed copy provided by Mayer Corporation against the original—that is why the Recorder marks it conformed copy. The conformed copy of the deed given to the city differs from the original document. The Title Company,for its own protection, affixed to the documents this wording—"This instrument filed for record by First American Title Insurance Company as an accommodation only. It has not been examined as to its execution or as to its effect upon the title." This wording is never affixed to a document that the City records. The County Recorder advised me that when the City records a document, two signatures are required — MayoriCity Clerk. When a private party records—only one signature is required. The documents were signed by then Mayor Pro Tern Harman and notarized. Following the signing and notarization the words Wetland Preservation were removed from Page No. 1 of the Deed Restriction. This wording was in the Deed Restriction approved by Council. The Deed Restriction should have been returned to the City for the City Attorney to determine whether this change is non-substantial. Also to have Mayor Pro Tern Harman's signature reacknowledged as well as the other signatures reacknowledged. A strikeout of words in this document may have been necessary, however without reacknowledgement before a notary it is not legal. On Page No. 5 of the Deed Restriction (b) and (c)—someone has penciled in the words not in condition language of settlement. Perhaps this notation was made by Coastal Commission attorneys. There is a Preliminary Title Report. Is there a set time for a Final Title Report? . .. I am requesting a memorandum in answer to my questions so that I may include it in the official City Council file. This will allow future City Councils, City Attorneys and City Clerks to be aware of: (1) The reasons why there are discrepancies in the original documents approved by Council and what was recorded. (2)The change made after approval and notarization. (3) The disclaimer by First American Title Company which never appears on City-recorded documents. (4) The need, if any for a Final Title Report and (5)The significance, if any, of the handwritten notation on the deed. It would be appreciated if your department will ensure that in future Settlement Agreements that include documents which will eventually be in the City Clerk's custody, that a company or developer will not be permitted to have custody of city documents and to provide them to a Title Company for recordation. Most Settlement Agreements are kept by your department and are not the concern of the Clerk's Office. It is because these documents have been processed out of the normal procedure that a review by your office is needed. Attachments: (1) Copies of portions of Recorded Documents 1(1 a) Copies of portions of"conformed"documents (2) Copy of Mayer Corporation letter to City Clerk's Office—2/9/01 (3) Copy of Coastal Commission letter to City Clerk's Office—3/7/01 (4) Certified copies of Original Documents and Preliminary Title Report (Certified by the Coastal Commission) For City Attorney Review (The Coastal Commission has originals.) g:/Cbmemos/2001cbmem/Senlement Agreement CDP 97-15 i