HomeMy WebLinkAbout03-09 Approving Amendment Developmemt Agreement DA-00-01; Home Ranch ProjectORDINANCE NO. 03-9
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA,
APPROVING AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT NO. DA -00-01
FOR THE HOME RANCH PROJECT
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 December 3, 2001, the City Council of the City of Costa Mesa
adopted Ordinance No. 01-29 approving Development Agreement DA -
00 -01 for the Home Ranch Project.
2. The parties to said Development Agreement have subsequently
determined that certain provisions of the Development Agreement
required amending.
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 -00-01 between the City of Costa Mesa and
C.J. Segerstrom & Sons, Segerstrom Properties LLC, a California limited
liability company, and Henry T. Segerstrom Properties LLC, a California
limited liability company (collectively referred to as "Owner').
4. The First Amendment to the Development Agreement between the City of
Costa Mesa and Owner is:
(a) Consistent with the General Plan and the North Costa Mesa
Specific Plan;
(b) Compatible with the uses authorized in, and the existing land use
regulations prescribed for, the zoning districts in which the 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 First Amendment to the Development Agreement will not:
(a) Be detrimental to the public's health, safety and general welfare;
and
(b) Adversely affect the orderly development of the property.
6. The First 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 First
Amendment thereto.
7. The First Amendment to the Development Agreement has been reviewed
for compliance with the California Environmental Quality Act (CEQA), the
CEQA Guidelines, and the City's environmental procedures, and has been
found to be exempt.
2
Section 2. The City Council hereby approves, adopts and enters into the First
Amendment to the Development Agreement in the form attached hereto and
incorporates the First Amendment herein by this reference.
Upon execution of the First Amendment by all parties, the City Clerk is directed
to record the First 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) 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.
3
PASSED AND ADOPTED this 15th day of September, 2003
ATTEST:
Mayor of tt a City of Costa Mesa
APPROVED AS TO FORM:
De City Clerk of the ity Attorney
City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, Deputy City Clerk and ex -officio clerk of the City Council of the
City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 03-9
was introduced and considered section by section at a regular meeting of said City
Council held on the 2nd day of September, 2003 and thereafter passed and adopted as
a whole at a regular meeting of said City Council held on the 15' day of September,
2003, by the following roll call vote:
AYES: Steel, Cowan, Mansoor, Scheafer
NOES: None
ABSENT: Monahan
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 160 day of September, 2003.
44452
De&ty City Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa
EXEMPT RECORDING PER GOVERNMENT CODE
SECTION 6103
Recording Requested by CITY OF COSTA MESA
When Recorded Mail to:
CITY OF COSTA MESA
ATTENTION: City Clerk
P.O. BOX 1200
COSTA MESA, CALIFORNIA 92628-1200
Title of the Document:
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
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FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR
HOME RANCH
By and between
CITY OF COSTA MESA
And
C.J. SEGERSTROM & SONS, HENRY T. SEGERSTROM
PROPERTIES LLC AND RUTH ANN MORIARTY PROPERTIES LLC
DA -00-01
Ordinance No. 01-29
REGARDING ORIGINAL DEVELOPMENT AGREEMENT FOR HOME RANCH (DA -00-01):
Recorded in Official Records, County of Orange
Recording Number: 20020229863
Recording Date: 3/20/2002
FIRST AMENDMENT TO THE
DEVELOPMENT AGREEMENT FOR HOME RANCH
This First Amendment to the Development Agreement for Home Ranch (the
"Amendment") is effective the 15th day of October 2003 by and between The City of Costa
Mesa, a Municipal Corporation of the Stale of California, (the "City") and C.J. Segerstrom
& Sons, a California general partnership, Ruth Ann Moriarty Properties LLC, a California
limited liability company and Henry T. Segerstrom Properties LLC, a California limited
liability company, (collectively referred to as "Owner").
RECITALS
A. City and Owner have entered into that certain Development Agreement for Home
Ranch (the "Agreement") dated as of March 20, 2001, for construction of the Home Ranch
Project, as defined in the Agreement. However, said effective date of the Agreement should have
been March 20, 2002.
B. Pursuant to said Agreement, Owner agreed to provide certain community
benefits as more particularly described in Exhibit F to said Agreement.
C. The City was able to obtain grant funding for certain circulation improvements
identified in the Agreement which now enables the City to fully fund those improvements but
which has resulted in a surplus of funds for the identified circulation improvements. Therefore,
Owner has agreed that the City may use funds previously designated for the identified circulation
improvements for certain other circulation improvements mutually agreed on between the
parties.
D. The parties have also determined that certain changes need to be made to the
allocation of monies toward relocation and restoration of the Huscroft House set forth in
Paragraph E of Exhibit F.
NOW, THEREFORE, for good and valuable consideration, the parties hereto agree
as follows:
1 Execution Date: The execution date on page 1 of the Agreement shall be
amended to show the execution date of the Agreement as March 20, 2002.
2 Exhibit F: The table in Subsection A "Circulation Improvements" of Exhibit F
to the Agreement shall be amended as follows: The Intersection Improvements identified in the
Agreement as "Harbor — South Coast" and "Fairview — I-405 SB Ramps" shall be replaced with
the descriptions identified as Home Ranch Improvements in the table attached hereto as Exhibit
m
"A" and shall be further amended to include the projects identified as East 17 Street
Improvements in Exhibit "A".
1stAmendment to Home Ranch DA 7/03
3 Exhibit F: Subsection A "Circulation Improvements" of Exhibit F to the
Agreement shall be amended to include a new paragraph as follows:
"Surplus Funds
Notwithstanding the above, any funds allocated to the projects listed above, that, for any reason,
are not required for the improvements specified, or if there are surplus funds that are not required
for the specified improvement ("Surplus Funds"), such Surplus Funds shall be applied to the
City's trip fee accounts to be used by the City for other circulation improvements in the City as
determined by the sole discretion of the City Council"
4 Exhibit F. Subsection E "Contribution to Restoration of Huscroft House" of
Exhibit F to the Agreement is hereby amended to include a new sentence at the end of the current
paragraph as follows:
"Should the City, for any reason whatsoever, determine that the City will not relocate and/or
restore the Huscroft House, the parties agree that the City may allocate the $200,000 contribution
for some other specific public amenity as mutually agreed upon between the parties and
approved by the City Council. The parties further agree that said allocation shall not be used for
ordinary capital improvement projects or to augment or replace ongoing operational costs".
5 Conflicts. Except as otherwise set forth herein to the contrary, all terms and
Provisions of the Agreement shall remain unamended and continue in full force and effect. This
Amendment with the Agreement shall be construed together and shall constitute one agreement.
In the event of any inconsistency between this Amendment and the Agreement, the provisions of
this Amendment shall prevail.
6 Defined Terms. Except as otherwise set forth herein, all defined terms used
herein shall bear the same meanings as set forth in the Agreement.
[REMAINDER OF PAGE BLANK, SIGNATURE PAGE FOLLOWS]
1st Amendment to Home Ranch OA 7103
IN WITNESS WHEREOF, the parties hereto have executed this First
Amendment to the Development Agreement for Home Ranch as of the date first above
written.
CITY OF COSTA MESA,
A municipal corporation
Mayor of Costa Mesa
ATTEST:
9F -Bepn ity Clerk and ex officio
Clerk of the City of Costa Mesa
.AJZYkOVED!
S TO¢ FORM
�i /d�'t'4+✓
City Attdfney, City of Costa Mesa
1 st Amendment to Home Ranch DA 7/03
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,
egr
By
ay
Manager
OR
E
Alternate Manager
AND
By HTS Management C I., I ., a lifomia
co do Mana
By
Title: Semor Vice Pr si t
HENRY T. SEGERSTROM PROPERTIES LLC,
a California limited liability company
By Henry T. Segerstrom Management LLC,
a Calif rnia limited lia ility company, Manager
By ,
Henry v. SegerAOL' Manager
RUTH ANN MORIARTY PROPERTIES LLC,
a California limited liability company.
BY
1st Amendment to Home Ranch DA 7103
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
ss
County of Orange )
On Mach 21, 2007 before me, Karen G. Wholey, Notary Public, personally appeared Henry T.
Segerstrom, personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and that by
his signature on the instrument the person or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS y hand and offic s al.
WITNESS
want a. to
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MyCwnm,y�bnYO
W M�Yd. ZO10
State of California )
M
County of Orange )
On March 21, 2007before me, Karen G. Wholey, Notary Public, personally appeared Henry T.
Segerstrom, personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and that by
his signature on the instrument the person, or entity upon behalf of which the person acted, executed
the instrument.
WITNES, my hand and offrc'. sal.
OPTIONAL
CAPACITY CLAIMED BY SIGNERSPartners: ❑ Limited ❑ General ® Managing
Signers are representing: Henry T. Segerstrom Management, LLC a California limited liability
company. Manager and Henry T. Segerstrom Properties, LLC
DESCRIPTION OF ATTACHED DOCUMENT
Title or type of document:
Number of pages: (excluding loose certificates) Date of document:
Signer(s) other than named above:
State of California)
M1
County of Orange)
On Much 21, 2007, before me, Karen G. Wholey, Notary Public, personally appeared Ruth Ann
Moriarty, personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her authorized capacity, and that
by her signature on the instrument the person or the entity upon behalf of which the person acted,
executed the instrument.
Z7J-'1-WQ!
OPTIONAL
WITNESS my hand and official seal.
CAPACITY CLAIMED BY SIGNERS Partners: ❑ General ❑ Limited ® Managing
Signer is representing: Ruth Ann Moriarty Properties LLC and Ruth Ann Segerstrom
Moriarty, as Trustee of the Ruth Ann Segerstrom Moriarty
Separate Property Trust
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
ss
County of Orange )
On March 22, 2007 before me, Karen G. Wholey, Notary Public, personally appeared Sandra S.
Daniels, personally known to me to be the person whose time is subscribed to the within instrument
and acknowledged to me that she executed the same in her authorized capacity, and that by her
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.
OPTIONAL
CAPACITY CLAIMED BY SIGNERSPartners: ❑ Limited ❑ General ® Managing
Signers are representing: HTS Management Co., Inc.
DESCRIPTION OF ATTACHED DOCUMENT
Title or type of document:
Number of pages: (excluding loose certificates) Date of document:
Signer(s) other than named above:
State of California ss.
County of Orange
On ' � 3i ��' 9 before me, Rosemary Dodson Notary Public,
personally appeared //11d77 "V �Q�3!-r��
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 h n4 and official seal.
ROSEMARY DODSON
Signature �1-�-n d-�4- (Seal)conmwmeled"74
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