HomeMy WebLinkAbout19 - OB-1 - Attachment 1 - 11/3/2015ATTACHMENT 1
ORDINANCE NO. 15-12
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA,
APPROVING A SECOND AMENDMENT TO
THE DEVELOPMENT AGREEMENT NO. DA -
00 -02 FOR SEGERSTROM TOWN CENTER
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Costa Mesa, California, does
hereby find and declare as follows:
1. On or about March 5, 2001, the City Council of the City of
Costa Mesa adopted Ordinance No. 01-14 approving
Development Agreement DA -00-02 for the Segerstrom Town
Center Project.
2. The parties to said Development Agreement have subsequently
determined that certain provisions of the Development Agreement
require amendment.
3. Public hearings have been held before this City Council pursuant to
the procedures described in Council Resolution No. 88-53. At these
hearings, the City Council considered the evidence, the testimony
presented by the public, and the Planning Commission's
recommendation regarding the proposed First Amendment to
Development Agreement DA -00-02 between the City of Costa Mesa
and South Coast Plaza, a California general partnership ("Owner")
4. The Second Amendment to the Development Ag reement
between the City of Costa Mesa and Owner:
(a) Is consistent with the General Plan and the North Costa Mesa
Specific Plan;
(b) Is compatible with the uses authorized in, and the existing land
use regulations prescribed for, the zoning districts in which the
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real property covered by the Amendment to the Development
Agreement are located; and
(c) Is in conformity with and will promote the public necessity, and
public convenience, general welfare, and good land use practices.
5. The Second Amendment to the Development Agreement will not:
(a) Be detrimental to the public's health, safety and general
welfare; nor
(b) Adversely affect the orderly development of the property.
6. The Second Amendment to the Development Agreement will promote
and encourage the development of the proposed project by providing
stability and certainty to the Owner, and will provide to the City
and its citizens the public benefits promised in the Development
Agreement and subsequent Amendments thereto.
7. The Second Amendment to the Development Agreement has been
reviewed for compliance with the California Environmental Quality Act
(CEOA), the CEQA Guidelines, and the City's environmental
procedures, and has been found to be exempt.
Section 2. The City Council hereby approves, adopts and enters into the
Second Amendment to the Development Agreement in the form attached hereto and
incorporates the Second Amendment herein by this reference (Exhibit 1).
Upon execution of the Second Amendment by all parties, the City Clerk is
directed to record the Second Amendment pursuant to the City of Costa Mesa
Development Agreement Procedures and Requirements.
Section 3. Publication.
This Ordinance shall take effect and be in full force and effect thirty
(30) days from and after its passage and, before the expiration of fifteen (15)
days after its passage, shall be published once in the NEWPORT BEACH -
COSTA MESA DAILY PILOT, a newspaper of general circulation printed and
published in the City of Costa Mesa, or, in the alternative, the City Clerk may
cause to be published a summary of this Ordinance and a certified copy of the
text of this Ordinance shall be posted in the office of the City Clerk five (5)
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days prior to the date of adoption of this Ordinance, and within fifteen ( 15)
days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a
certified copy of this Ordinance together with the names of the members of the
City Council voting for and against the same.
PASSED AND ADOPTED this day of , 2015
Mayor of the City of Costa Mesa
5
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
I, ------------, City Clerk and ex -officio Clerk of the City Council of the City of
Costa Mesa, hereby certify that the above foregoing Ordinance No. 15-12 as introduced
and considered section by section at a regular meeting of said City Council held on the
day of , 2015, and thereafter passed and adopted as a whole at the
regular meeting of said City Council held on the day of , 2015, by the
following roll call vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this day of 2015.
City Clerk
City Council of the City of Costa Mesa
rol
EXHIBIT 1
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
DRAFT ORDINANCE
DRAFT
10/27/2015
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
CITY OF COSTA MESA
77 Fair Drive
Costa Mesa, CA 92626
Attn: CITY Clerk
Use)
(Space Above This Line for Recorder's
This Second Amendment to the Development
Agreement for Segerstrom Town Center is recorded at
the request and for the benefit of the CITY of Costa
Mesa and is exempt from the payment of a recording fee
pursuant to Government Code § 6103
SECOND AMENDMENT TO THE
DEVELOPMENT AGREEMENT FOR
SEGERSTROM TOWN CENTER
by and between
CITY OF COSTA MESA
and
SOUTH COAST PLAZA
DA -00-02
Ordinance No. 01-4
0
SECOND AMENDMENT TO THE
DEVELOPMENT AGREEMENT FOR SEGERSTROM TOWN CENTER
THIS SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR
SEGERSTROM TOWN CENTER (the "Amendment') is executed this day of
, 2015, by and between The City of Costa Mesa, a Municipal Corporation of the
State of California ("City"), South Coast Plaza, a California general partnership ("SCP"), and
One Town Center Associates, a California general partnership ("OTCA" and together with
SCP, "Owners"), withrespect to the following:
RECITALS
A. City and SCP entered into that certain Development Agreement for Segerstrom Town
Center executed as of March 5, 2001 (the "Original Agreement'), as amended by that certain First
Amendment to the Development Agreement for Segerstrom Town Center executed April 5, 2004 (the
"First Amendment'). The Original Agreement and First Amendment were recorded in the Official
Records of Orange County, California as Instrument Nos. 20010281648 and 2004000686075,
respectively, and are herein referred to together as the "Development Agreement." The
Development Agreement provides for development within Town Center, as that term is
defined in the Original Agreement. OTCA is an affiliate of SCP and successor in interest from
SCP to certain property in Town Center.
B. City and Owners desire to amend the Development Agreement to extend its term and to
ensure that it includes and references certain changes to accord with changes in the North Costa Mesa
Specific Plan approved by the City.
C. This Amendment was approved by City of Costa Mesa Ordinance No.
, adopted by the City Council on , 2015, after the public
notice and public hearings required by law. The parties have executed this Amendment on the date
indicated above after the effective date of this Ordinance.
AGREEMENT
IN CONSIDERATION OF the foregoing Recitals, and for good and valuable
consideration, City and Owner agree as follows:
1. Effective Date of Amendment. The effective date of this Amendment shall be the date
this Amendment was executed by the parties as indicated in the opening phrase of this Amendment prior
to the Recitals.
1. Duration of Agreement. The Development Agreement (originally executed in 2001) is
hereby extended and shall be operative for twenty (20) years from the effective date of this Amendment
(the "New Expiration Date"). Exception: For the properties located at 3400 and 3420 Bristol Street
within Segerstrom Town Center Sub -Area 3, the duration of the development agreement shall be 10 years
from the effective date of this Amendment. The Development Services Department shall automatically
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grant a 5 -year extension at a staff level provided that construction has started on at least 30% of the
projects on these specified parcels. To that end, the first sentence of Section 3.2 of the Development
Agreement is hereby amended in its entirety to read as follows:
"This Agreement shall be operative commencing on the Effective Date and continue thereafter
until the New Expiration Date, unless otherwise extended by the Parties, subject to earlier
termination upon the completion, performance and discharge of all obligations hereunder."
2. Definitions. The following terms in the Development Agreement shall have the
definitions as set forth below, which shall replace any previous definitions of the same term in the
Development Agreement.:
a. "Property" shall mean that certain property generally located along
Bristol Street between Anton Boulevard and Sunflower Avenue as more fully described in Exhibit "AA"
and shown in the map set forth on Exhibit `BB" both attached hereto.
b. "STC Project" shall mean the development of the Property pursuant to
the Existing Land Use Regulations, Existing Development Approvals, the TAD Plan, the Future
Development Approvals, and the terms of this Agreement. The STC Project may include non-residential
(i.e. office, hotel, restaurant, retail and cultural uses) and residential uses as more specifically described
in the Existing Land Use Regulations.
C. "Existing Development Approvals" and "Existing Land Use
Regulations" shall be as defined in the Original Agreement except that all references to the City's
General Plan and the North Costa Mesa Specific Plan included therein shall mean the General Plan and
North Costa Mesa Specific Plan in effect as of the effective date of this Amendment. In addition, if both
City and Owner subsequently agree in writing to amend the Development Approvals or Land Use
Regulations at some future date, the term "Existing Development Approvals" or "Existing Land Use
Regulations," as applicable, shall mean the Development Approvals or Land Use Regulations in effect as
of the effective date of such subsequent amendment (which the parties shall endeavor to reflect in an
updated Exhibit "D" to the Development Agreement prepared and exchanged between the parties).
3. Future Design. Precise building uses, locations, square footages and designs for the STC
Project will be determined in conjunction with Future Development Approvals. To that end, (a)
references in the Development Agreement to a new office building at the corner of Bristol Street and
Sunflower Avenue and a hotel at the intersection of Bristol Street and Anton Boulevard are illustrative
only, and (b) Article IV of Exhibit "F" to the Development Agreement is deleted in its entirety from the
Development Agreement.
4. FAR and Trip Budgets. The FAR and trip budget for the TTC Project, the SCA Project
and the Balance of Town Center, as well as the overall FAR and trip budget for the entire Town Center
area shall be as provided in the North Costa Mesa Specific Plan in effect as of the effective date of this
Amendment and included in the Existing Development Approvals and Existing Land Use Regulations.
Exhibit "G" to the Development Agreement is deleted in its entirety from the Development Agreement.
5. Original Agreement Amended and Conflicts. In the event of any conflict between the
terms of this Amendment and the remainder of the Development Agreement, this Amendment shall
control. Except as otherwise set forth herein to the contrary, all terms and provisions of the Development
Agreement shall remain unamended and continue in full force and effect. This Amendment with the
remainder of the Development Agreement shall be construed together and shall constitute one agreement.
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6. Defined Terms. All capitalized terms used herein and not defined herein
have the same meanings as set forth in the Development Agreement.
7. Counterparts. This Amendment may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which shall be deemed to constitute one instrument.
It shall not be necessary that all signatories execute the same counterpart(s) of this Amendment for
this Amendment to become effective.
[Signature Page Follows]
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
the Development Agreement for Segerstrom Town Center as of the date first above written.
ATTEST:
City Clerk and ex -officio Clerk
of the City of Costa Mesa
APPROVED AS TO FORM:
City Attorney, City of Costa Mesa
SOUTH COAST PLAZA, a California general
partnership
By: C.J. Segerstrom & Sons, a California general
partnership, Managing General Partner
By: Henry T. Segerstrom Management LLC,
a California limited liability company
By:
OR
By:
AND
Alternate Manager
By: HTS Management Co., Inc.,
a California corporation
Senior Vice President
1Z
CITY OF COSTA MESA,
A municipal corporation
Mayor of Costa Mesa
ONE TOWN CENTER ASSOCIATES, a California
general partnership
By: Henry T. Segerstrom Management LLC,
a California limited liability company,
Manager
By:
OR
By:
AND
Alternate Manager
By: HTS Management Co., Inc., a
California corporation, Manager
S
Senior Vice President
Exhibit "AA"
Legal Description of Property
Parcels between Sunflower Avenue and Town Center Drive
Parcels 1 and 2 of Lot Line Adjustment No. LL 2013-01, recorded on August 13, 2013, as Instrument No.
2013000478793 in the Official Records of the County Recorder of Orange County, California; and
Parcels 5 and 6 of Parcel Map 5-78-10, as shown on a map filed in Book 115, Page 37 of parcel maps, in the
Official Records of the County Recorder of Orange County, California.
Parcels between Town Center Drive and Anton Boulevard
Parcel 1 of Parcel Map 81-379, as shown on a map filed in Book 164, Page 10 of parcel maps, in the Official
Records of the County Recorder of Orange County, California;
Parcels 1 and 2 as shown on a map filed in Book 12, Page 18 of parcel maps, in the Official Records of the County
Recorder of Orange County, California;
Parcels 1 and 2 of Parcel Map 5-20-67, as shown on a map filed in Book 11, Page 32 of parcel maps, in the
Official Records of the County Recorder of Orange County, California; and
Parcel 2 of Parcel Map 5-78-10, as shown on a map filed in Book 115, Page 37 of parcel maps, in the Official
Records of the County Recorder of Orange County, California.
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Exhibit `BB"
Map of the Property
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