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HomeMy WebLinkAboutTPO002_NATIONAL ED. CORP TP0002 National Education Corporation 43M BIRCH STREET,NEWPORT BEACH,CA 92660(714)5467360 , M November 9, 1983 •;) Cr �� y "t a3 V ov �9 N 0x!; GH, Planning Department • h �.f C��1F `a City of Newport Beach Nf�. i�• 3300 Newport Boulevard Newport Beach, California 92663 Attn: Fred Talarico Gentlemen: National Education Corporation ("NEC") appeared before the Newport Beach Planning Commission on October 20, 1983 to confirm the staff's interpretation of the Traffic Phasing Ordinance ("TPO") requirements of the Newport Beach Municipal Code as it relates to the approved Traffic Phasing Plan for NEC. At that time, the appearance was made for the purposes of confirming and interpreting the provisions of the TPO for the purpose of constructing an office building at 4401 Birch Street (Lots 8, 9, and 10 of Tract 5169) . On October 24, 1983, NEC sustained a fire at 4361 Birch Street (Lot 7 of Tract 5169), which substantially destroyed the existing building at that location. NEC now desires to build one or more office buildings spanning all of Lots 7, 8, 9, and 10. It is our understanding that the Newport Beach General Plan as established by GPA 81-2 will allow the development of an aggregate of 55,000 square feet of buildings on this total four lot site. This would consist of 41,250 square feet permitted for development on Lots 8, 9, and 10, and 13,750 square feet on Lot 7. Please be advised that 13,750 square feet is less than the square footage of the recently destroyed building. NEC now desires to build one or possibly two office build- ings which will span all four lots. We understand that under nor- mal circumstances, the City of Newport Beach might require that a parcel map be filed for the combination of the parcels. In view of the unusual circumstances of the fire, and since NEC has already complied with the TPO, we request the following: 1. That no additional traffic studies need to be prepared by NEC: 2. That a maximum of 55,000 square feet of development may be constructed on the site; (continued) r Planning Department, City of Newport Beach Page Two. 3. That the development of one or more office buildings not exceeding 55,000 square feet on this site be determined to be consistent with the Newport Beach General Plan as established by GPA 81-2; and, 4. That the Planning Commission waive the requirement that a parcel map be filed. NEC will, of course, agree to such reasonable conditions as are deemed necessary by the Planning Commission for the issuance of the waiver requested in item 4. above, including an indemnity and hold harmless for the waiver. For your convenience, we are furnishing to you copies of the leases creating the NEC Leasehold Estate in all the lots and a draft of an Indemnity, in substantially the same format as the earlier Indemnity. I am also furnishing a copy of this letter and its enclosures to Robert H. Burnham for his review. If you need any additional information, we would be pleased to supply it. Very truly yours, go% d %� Jef A. ill Vice President General Counsel JAB:mr Enclosures CC. w/enclosures: Robert H. Burnham City Attorney National Education Corporation 4361 BIRCH STREET.NEWRORTBEACH.CA 92660(714)546.7360 October 3, 1983 Robert Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 RE: Lots 8, 9 & 10 of Tract 5169 Birch Street, Newport Beach Gentlemen: This letter is submitted as a request for a written confirmation and waiver in preparation for construction of new buildings on the referenced property. Background The property consists of three lots of 100 feet by 290 feet each, representing an aggregate of 87,000 square feet. There are two existing buildings on both Lots 8 & 9, which buildings contain approximately 22,000 square feet and 6,000 square feet. In July 1983 a major fire destroyed the 22,000 square foot building. Since the date of the fire, this larger building has been totally unusuable. During the middle of 1980, construction documents for a building of approximately 70,000 square feet of space on all three lots, plus a parking structure were submitted to the City of Newport Beach for plan check. All plan check corrections requested by the City were made. The plan check was extended twice, however, the building permit was never issued due to National Education Corporation's determination that the project should not proceed due to economic factors. Prior to the submission of construction documents for plan check, National Education Corporation had satisfied the City that the 70,000 square foot building would not cause an undue traffic congestion on the local streets. Also prior to the submission of construction documents, Newport Beach Planning Commission approved the waiver of a parcel map requirement for the combination of Lots 8, 9 & 10 of Tract 5169. As a condition for the waiver of the parcel map requirement for the combination of lots, the City of Newport Beach requested and received an Indemnity Agreement from National Education Corporation holding the City harmless from any loss, cost, liability, expense or damage of any nature or kind arising out of or in any way relating to the waiver. This waiver was executed by National Education Corporation and remains in full force and effect from National Education Corporation to the City of Newport Beach. i Robert Burnham, Esq. / October 3, 1983 Page 2 It is believed that the City of Newport Beach in 1982 enacted General Plan 81-2 which limits development of the property to .5 times the buildable area. Since the land area of the three lots is 87,000 square feet and after deducting the 15 foot set-back for each of the 300 linear feet of frontage, we calculate the allowable building area to be 41,250 square feet. Request National Education Corpo. ation hereby requests the City Attorney provide the following confirmation and waivers. 1. It is requested that there be a clarification that the allowable building area on the three lots is a total of 41,225500 square feet, in accordance with GPA 81-2. 2. Since National Education Corporation at one time had received approval for traffic created by a 70,000 square foot building, and since permission is now sought for a building or buildings on the premises aggregating not more than 41,250 square feet, National Education Corporation desires a waiver of any further traffic study. In actuality, the additional square footage is approximately 13,250 square feet more than the amount of footage in existence prior to the fire. Furthermore, the 13,250 additional' square feet of building includes all the buildings to be built on all three lots while the 28,000 square feet included buildings on only two of the three lots. We, therefore, submit that the additional square footage is diminimus and a traffic study should not be required. 3. Since previous approvals were received for a much larger 70,000 square foot building to be built on the subject property, and in view of the destruction to the existing building, we are also requesting a waiver of any additional environmental study. The basis for such waiver request is substantially the same as discussed in the preceding paragraph 2. In order to assist you in responding to this request, we will be more than happy to furnish such other documentation or information as you may need. Very truly yours, NATIONAL EDUCATION r/ CORPORATION G. V� By &erey Brill Vice President General Counsel JAB/lm cc: Fred Talarico Robert S. Kraft COMMISSIONLKS • MINUTES• ~ " October 20, 1983 � A � .omS m w a Cit of New ort Beach ROLL CALL INDEX Traffic Phasing Plan - National Education Corporation Item #7 Request to confirm staff's interpretation of the Traffic Phasing Ordinance requirements of the Newport Beach Municipal Code as it relates to the approved Traffic Phasing Plan for the National Education Corporation. TRAFFIC PHASING LOCATION: Lots 8, 9 and 10 of Tract No. 5169, p located at 4401, 4423 and 4443 Birch Street, on the westerly side of Birch Street approximately 700 feet northerly of Dove Street, near the John Wayne Airport. ZONE: M-1-A APPROVED APPLICANT: National Education Corporation, Newport Beach OWNER: Irvine Industrial Complex, Newport Beach The discussion opened in connection with this item and Mr. Jeffrey Brill, representing the applicant, appeared before the Commission. Mr. Brill stated that they concur with the action and findings as indicated in the staff report. Motion > Motion was made for approval of Exhibit "A", to sustain All Ayes X x X X X the Action and Findings of the staff report as follows, which MOTION CARRIED: ACTION: 1. Sustain the Findings of staff related to the Traffic Phasing . Ordinance and permitted development. FINDINGS: 1. That based upon the Traffic Phasing Ordinance ("Chapter 15.40 of the Newport Beach Municipal Code") • and City Policy S-1 ("Administrative Guidelines for Implementing the TPO") , no additional traffic studies need be prepared. -28- COMMISSIONERS . • MINUTES October 20, 1983 o T. r> . City of Newport Beach ROLL CALL INDEX 2. That a maximum of 41,250 sq. ft. of development may be constructed on the property. 3. That the development of an office building of 41,250 sq. ft. on this site is consistent with the Newport Beach General Plan as established by GPA 81-2. 4. That a maximum of 0.5 times the buildable area of the subject property is proposed to be constructed on the site. 5. That a Traffic Study was approved for the project site by the Planning Commission and their actions were sustained by the City Council. 6. That the Planning Commission waived the require- ments that a parcel map be filed if certain conditions were met and the applicant has met said conditions. 7. That the General Plan will require the applicants to pay their "fair-share" of Circulation System Improvements as may be established by the City Council at the time of future discretionary actions. -29- l COMMISSIONERS MINUTES *April 10 , 1980 m 3 W W F City of Newport Beach ROIL CALL INDEX in the required 15 foot front yard setback along CONTIN- the Campus Drive frontage of the site . UED TO APRIL LO ION: Lot 17 , Tract No . 3201 , located 24 , 198( at 4040 Campus Drive , on the south- easterly side of ,Campus Drive be- tween Dove Street and Quail Street across Campus Drive from the John ayne Airport. ZONE: M-1- APPLICANT: Michael Mayfield and Larry D . Hooper, db Budget Rent A Car , Newport Beac OWNER: Robert P. Forbes , Santa Ana Motion x Motion was made that this item be cont rued to is x x x x x the .regular Planning Commission meeting of April sent * 24, 1980 , pending a review of a revised of treet parking layout that is to be submitted by the p- plicant. * * * Request to waive the requirement of a parcel map Item #11 for the combining of lots in conjunction with the construction of a proposed office building. WAIVER OF PAR- LOCATION: Lots 8 , 9 and 10 of Tract 5169 , CEL MAP located at 4401 , 4423 and 4443 Birch Street, on the westerly side APPROVED of Birch Street approximately 700 feet northerly of Dove Street, near the John Wayne Airport. ZONE : M-1-A APPLPCANT: National Education Corporation OWNER: Irvine Industrial Complex The Public Hearing was opened regarding this item and Marvin Leon , Attorney at Law and General Coun- -23- COMMISSIONERS MINUTES April 10 , 1980 � x 3 5 W � � z City of Newport Beach ROIL CALL INDEX sel for the Applicant, appeared before the Plan- ning Commission and stated their concurrence with the conditions as indicated in the Staff Report. Motion x Motion was made that the Planning Commission make Ayes x x x XK x the findings as indicated in Exhibit "A" of the Absent * Staff Report and approve the Waiver of Parcel Map Requirement, subject to the condition as indicat- ed i•n Exhibit "A" of the Staff Report. * * * Request to establish grade for the purpose of mea Item #12 suring height for a proposed balcony in conjunc- tion with the remodeling of an existing single- ESTAB- family dwelling . LISHMENT OF GRADE LOCATION: A portion of Tract "A" , Corona del Mar, located at 3709 Ocean Boule- CONTIN- N ard , on the southwesterly side UED TO C of Ocean Boulevard , between Poin- APRIL settia Avenue and Poppy Avenue in 24, 1980 Corona del Mar. R-1 TS Mr. and Mrs . John G . Valentine , Corona del Mar ame as Applicants Motion x as made tha this item be continued to Ayes x x x x xlar Planning ommission meeting of April Absent , as per the S ff' s request. * * *to consider an amend nt to a portion of Item #13 ing Map No . 13 so as t designate a front yard setback of 10 feet on port ns of two lots AMEND- (where a 20 foot front yard setba k is now re- RENT N0 . quired by Code) . 543 LOCATION: Portions of Lot No . 19 nd 20 , APPROVED Block 1 , Section 1 , Balb a Island , -24- Planning Commission Meeting October 20, 1983 Agenda Item No. 7 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Traffic Phasing Plan - National Education Foundation (Discussion) Request to confirm staff's interpretation of the Traffic Phasing Ordinance requirements of the Newport Beach Municipal Code as it relates to the approved Traffic Phasing Plan for the National Education Foundation. LOCATION:. Lots 8, 9 and 10 of Tract No. 5169, located at 4401, 4423 and 4443 Birch Street, on the westerly side of Birch Street approximately 700 feet northerly of Dove Street, near the John Wayne Airport. ZONE: M-1-A APPLICANT: National Education Foundation, Newport Beach OWNER: Irvine Industrial Complex, Newport Beach Background The National Education Corporation has requested clarification of their rights under their approved Traffic Study. At the June 7, 1979, Planning Commission Meeting, the Commission approved a Traffic Study for the proposed construction of a 72,000 sq. ft. office building in accordance with the Traffic Phasing Ordinance (TPO) and City Policy S-1 ("Administrative Guidelines for the Implementation of the TPO") . The proposed 72,000 sq. ft. building was to replace existing office buildings on the site which have a total of 24,700 sq. ft. A total of 44,800 sq. ft. of new floor area was to be added to the site. At the July 23, 1979 City Council Meeting, the Council sustained the recommendation of the Planning Commission. At the April 10, 1980 Planning Commission Meeting, the Planning Commission approved the waiver of a parcel map requirement for the combination of Lots 8, 9 and 10 of Tract 5169. Subsequent to the approval of the waiver, the National Education Foundation Corporation submitted construction drawings for an office building of approximately 70,000 sq. ft. on the three lots and a parking structure. All corrections to the plans requested by the City were made, however, the building permit was never issued as the applicant determined that the project could not proceed due to economic factors. Subsequent to the above actions, the City Council approved General Plan Amendment 81-2 (GPA 81-2) . GPA 81-2 consisted of several changes to the various elements of the Newport Beach General Plan for several areas within the community including the Campus Drive area where the project is to be located. • • S To: Planning Commission - 2. The General Plan Amendment designated the area for a mixture of General Industry and Administrative, Professional and Financial Commercial uses. Additionally it established the following standards for future development: "1. Establish a permitted intensity of development for the Campus Drive area (as shown on Exhibit 7 following Page 12 of the draft EIR) of 0.5 floor area ratio, with a floor area ratio of up to 1.0 permitted floor area may be approved if a finding can be made that the traffic and circulation system impacts are no greater than those generated by an office development of 0,5 FAR. The floor area ratio limits are defined as the ratio of gross structural area to the buildable area of the site. 2. Direct that the zoning in the area be amended to implement this General Plan Amendment. 3. At the time of future discretionary actions, individual projects shall be required to contribute a sum equal to their fair share of future circulation system improvements as shown on the City's Master Plan of Streets and Highways and other mitigation measures as required." Due to City Council project priorities, no actions have been taken as of this writing to initiate the several studies and ordinances needed to implement these actions. Analysis The National Education Corporation has requested that staff provide confirmation that no additional Traffic Study would be required if they meet all of the provisions of the original Traffic Study, the General Plan as amended (0.5 times buildable maximum) , and all other applicable ordinances of the City. Staff is of the opinion that no additional Traffic Study need be prepared as neither the TPO or City Policy S-1 contain a time frame within which the I project must be completed. The intent of the TPO is to permit development where adequate transportation facilities exist, are being implemented, or will be installed in conjunction with the development which will accommodate' the traffic generated by the development. In some instances, approvals have been granted several years in the future and road improvements (public and private) will be made based upon these approvals. It is further the opinion of staff that a total of 41,250 sq. ft. of development is permitted on the site: Gross Site 87,000 sq. ft. Net Site 82,500 sq. ft. Allowable (0.5 x's) 41,250 sq. ft. TO: Planning Commission - 3. Recommended Action: Staff recommends that the Planning Commission sustain the findings of staff and make the findings as indicated in Exhibit "A". PLANNING DEPARTMENT JAMES D. HEWICKER, DIRECTOR By Fred Talarico Environmental Coordinator FT/pw Attachments: Exhibit "A" Excerpt of City Council Minutes dated July 23, 1979 Excerpt of Planning Commission Minutes dated June 7, 1979 Excerpt of Planning Commission Minutes dated April 10, 1980 Letter from the National Education Corporation dated October 3, 1983 TO: Planning Commission - 4. EXHIBIT "A" NATIONAL EDUCATION CORPORATION ACTION AND FINDINGS ACTION: 1. Sustain the Findings of staff related to the Traffic Phasing, Ordinance and permitted development. FINDINGS: 1. That based upon the Traffic Phasing Ordinance ("Chapter 15.40 of the Newport Beach Municipal Code") and City Policy s-1 ("Administrative Guidelines for Implementing the TPO") , no additional traffic studies need be prepared. 2. That a maximum of 41,250 sq, ft. of development may be constructed on the property. 3. That the development of an office building of 41,250 sq. ft. on this site is consistent with the Newport Beach General Plan as established by GPA 81-2. 4. That a maximum of 0.5 times the buildable area of the subject property is proposed to be constructed on the site. 5. That a Traffic Study was approved for the project site by the Planning Commission and their actions were sustained by the City Council. 6. That the Planning Commission waived the require- ments that a parcel map be filed if certain conditions were met and the applicant has met said conditions. 7. That the General Plan will require the applicants to pay their "fair-share" of Circulation System Improvements as may be established by the City Council at the time of future discretionary actions, I� WCY OF NEWPORT BE0.:* COUNCILMEN • MINUTES REGULAR COUNCIL MEETING \��•P CC Cf.9T 9 2 Place: Council Chambers 8 9 O sA%GON Z�N Time: 7:00 P.M. HULL CALL 3N T P N Date: July 23, 1979 INDEX Present x x x x x x ROLL CALL. Motion x B. The—readiag_o_f the Minutes of the Regular Meeting All Ayes of July 10, 1999'was waived, and the Minutes were approved as written an o d tiled. Motion x C. The reading in full of all ordinances anaTesolutions All Ayes under consideration was waived, and the City Cfdtk was directed to read by titles only. D. HEARINGS: A 1. Mayor Ryckoff opened the public hearing and National Council review of a request of National Education Education Company to consider a Traffic Study for a proposed Company office building containing 72,000 sq. ft.on property (3307) located at 4401, 4423 and 4443 Birch Street, on the westerly side of Birch Street approximately 700 ft. northerly of Dove Street, near the John Wayne Airport;zoned M-1-A. A report was presented from the Community Development Department. Maury Sherman, in behalf of the National Education Company,addressed the Council. Motion x The hearing was closed after it was determined that All Ayes no one else desired to be heard. Motion x The decision _of the Planning Commission was All Ayes sustained. E. ORDINANCES FOR SECOND READING AND -r ADOPTION: 1. Ordinance No. 1816,being, Skateboard/ Rollerskating AN ORDINANCE OF THE CITY OF Regulations NEWPORT BEACH ADDING CHAPTER 5.75 0-1816 TO THE NEWPORT BEACH MU PAL (2330) CODE REGULATING ROLL SKATE RENTAL ESTABLISHMENTS. A report was presented rSm the Community Development Department i The following pcgpte addressed the Council and opposed the option of the ordinance: Jim Toledano, orney representing N.O.R.M.A.; Bob Gannon attorney representing Roller Skates Ne ort; and Steve Kaeser, owner of Balboa Skate d President of N.O.R.M.A. The following people addressed the Council in support of the ordinance: Aileen Schrader, Gail Vinje Smith of Balboa Island Improvement Association who stated the majority of the Board supported the ordinance,and John Shea. Motion x I Ordinance No. IS 16 was adopted. All Ayes Volume 33-Page 204 i crJ d ` °y ATTACAO T No . 3 -_3)A.tISS:GNERS MI TES of Newport Beach June 7, 1979 •. \ 02 2 ROLL CALL INDEX The Public Hearing was opene egarding this item and Ray Pickens , Newport B ch , appeared before the 1' Planning Commission to s to his concurrence with the conditions as set rth in the Staff Report. Motion x Motion was made t the Planning Commission make Ayes xIx x x x the following ndings : Noes x x � 1. That Traffic Study on the proposed project ha een prepared in accordance with Chapter 40 of the Municipal Code and City Policy S-1, and, oe 2. That based on that Traffic Study, the proposed project will neither cause nor make worse an unsatisfactory level of traffic service on any 0101 "major" , "primary-modified" , or "primary" street. and approve the Traffic Study for a proposed office building containing 19,264 sq. ft. f Request to consider a Traffic Study for a proposed Item #11 office building containing 72,000 sq. ft. TRAFFIC Location: Lots B, 9 and 10 of Tract 5169 , loco STUDY ted at 4401, 4423 and 4443 Birch Street, on the westerly side of Birc APPROVED Street approximately 700 feet nor- therly of Dove Street, near the Orange County Airport. Zone: M-1-A Applicant: National Education Company Owner: Irvine Industrial Company The Public Hearing was opened regarding this item and Bob Craft, Langden & Wil;son Architects , appear- ed before the Planning Commission to state his con- currence with the conditions as set forth in the Staff Report. Commissioner Beek expressed his concern regarding the addition of 40 cars at the corner of MacArthur -26- i i i l COMMISSIONERS WNU7ES Qi y of Newport Beech "' �S-y� o1 June 7 , 1979 oy . INDEX ROLL CALL Boulevard and Campus Drive , or less than 1%, where the current traffic is 2 ,888, or more than 1%. Motion , x Motion was made that the Planning Commission make' Ayes x x x x x the following findings : Noes x 1. That a Traffic Study on the proposed project has been prepared in accordance with Chapter 15. 40 of the Municipal Code and City Policy S-1 , and; 2. That based on that Traffic Study, the proposed project will neither cause nor make worse an unsatisfactory level of traffic service on any "major" , "primary-modified" , or "primary" street. and approve the Traffic Study for a proposed office building containing 72,000 sq. ft. Request to establish an educational seminar and Item #12 training facility in an existing building in the M-i-A District. USE PER- Location: Lots 11, 12, 50 and 51, Tract No. MIT N0. 3201 , located at 3922 Campus Drive , 1911 on the northeasterly 'corner of Cam- APPROVED s Drive and Quail , across NDI- Cu Q Street, Drive from the Orange County TOIONALLY Airport. Zone . M-1-A Applicant. est, an Educational Corporation, New- port ort Beach Owner: C us Square Trust, Los Angeles o ned regarding The Public Hearing was g 9 this item and Marcy Remcoff, Applica appeared before the Planning Commission to state r concurrence with the conditions as set forth in a Staff Report. Motion I x Motion was made that the Planning Co ission make All Ayes the following findings : 1 • -27- COMMISSIONERS . MINUTES - � pril 10 , 1980 � � rzdA 0 5 b W D � UM) N City of Newport Beach ROLL CALL INDEX in the required 15 foot front yard setback along CONTIN- the Campus Drive frontage of the site. UED TO APRIL L TION: Lot 17 , Tract No. 3201 , located 24, 198( at 4040 Campus Drive , on the south- easterly side of Campus Drive be- tween Dove Street and Quail Street. across Campus Drive from the John Wayne Airport. ZONE: M- A APPLICANT: Michae Mayfield and Larry D. Hooper, . Budget Rent A Car, Newport Bea OWNER: Robert P. Forbe Santa Ana Motion x Motion was made that Ithis item be con 'nued to Lis x x x x x the regular Planning Commission meeting f April Resent * 24, 1980, pending a review of a revised o street parking layout that is to be submitted by th ap- plicant. * * * Request to wai-ve the requirement of a parcel map Item #11 for the combining of lots in conjunction with the construction of a proposed office building. WAIVER OF PAR- LOCATION: Lots 8, 9 and 10 of Tract 5169 , CEL MAP located at 4401 , 4423 and 4443 Birch .Street, on the westerly side APPROVED of Birch Street approximately 700 feet northerly of Dove Street, near the John Wayne Airport. ZONE: M-1-A APPLICANT: National Education Corporation OWNER: Irvine Industrial Complex The Public Hearing was opened regarding this item and Marvin Leon , Attorney at Law and General Coun- -23- COMMISSIONERS ! MINUTES April 10 , 1980 n = 0 5 o co w D y � N City of Newport Beach ROLL CALL INDEX sel for the Applicant , appeared before the Plan- ning Commission and stated their concurrence with the conditions as indicated in the Sta-ff Report. Motion x Motion was made that the Planning Commission make Ayes x x x XK x the findings as indicated in Exhibit "A" of the Absent * Staff Report and approve the Waiver of Parcel Map Requirement, subject to the condition as indicat- ed in Exhibit "A" of the Staff Report. * * * Request to establish grade for the purpose of mea Item #12 suring height for a proposed balcony in conjunc- tion with the remodeling of an existing single- ESTAB- family dwelling. LISHMENT OF GRADE LOCATION: A portion of Tract "A" , Corona del Mar, located at 3709 Ocean Boule- CONTIN- vard , on the southwesterly side UED TO of Ocean Boulevard , between Poin- APRIL settia Avenue and Poppy Avenue in 24 , 1980 Corona del Mar. ZONE: R-1 APPLICANTS : Mr. and Mrs . John G. Valentine , Corona del Mar OWNERS : me as Applicants Motion x Motion was made that this item be continued to Ayes K x x x x x the regular Planning mmission meeting of April Absent 24, 1980 , as per the St f' s request. * * * Request to consider an amendme t to a portion of Item #13 Districting Map No . 13 so as to esignate a front yard setback of 10, feet on portio of two lots AMEND- (where a 20 foot front yard setbackis now re- MENT NO . quired by Code) . .. 543 LOCATION: Portions of Lot No. 19 a\rd 20 , APPROVED Block 1 , Section 1 , Balboa\,Island , -24- National Education Corporation &V 8IBCH97A MNENPOfITBEACH.CA92Mal41`.a&7760 October 3, 1983 Robert Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 RE: Lots 8, 9 & 10 of Tract 5169 Birch Street, Newport Beach Gentlemen: This letter is submitted as a request for a written confirmation and waiver in preparation for construction of new buildings on the referenced property. Background The property consists of three lots of 100 feet by 290 feet each, representing an aggregate of 87,000 square feet. There are two existing buildings on both Lots 8 & 9, which buildings contain approximately 22,000 square feet and 6,000 square feet. In July 1983 a major fire destroyed the 22,000 square foot building. Since the date of the fire, this larger building has been totally unusuable. During the middle of 1980, construction documents for a building of approximately 70,000 square feet of space on all three lots, plus a parking structure were submitted to the City of Newport Beach for plan check. All plan check corrections requested by the City were made. The plan check was extended twice, however, the building permit was never issued due to National Education Corporation's determination that the project should not proceed due to economic factors. Prior to the submission of construction documents for plan check, National Education Corporation had satisfied the City that the 70,000 square foot building would not cause an undue traffic congestion on the local streets. Also prior to the submission of construction documents, Newport Beach Planning Commission approved the waiver of a parcel map requirement for the combination of Lots 8, 9 & 10 of Tract 5169. As a condition for the waiver of the parcel map requirement for the combination of lots, the City of Newport Beach requested and received an Indemnity Agreement from National Education Corporation holding the City harmless from any loss, cost, liability, expense or damage of any nature or kind arising ou•t of or in any way relating to the waiver. This waiver was executed by National• Education Corporation and remains in full force and effect from National Education Corporation to the City of Newport Beach. /D r Robert Burnham, Esq• • October 3, 1983 Page 2 It is believed that the City of Newport Beach in 1982 enacted General Plan 81-2 which limits development of the property to .5 times the buildable area. Since the land area of the three lots is 87,000 square feet and after deducting the 15 foot set-back for each of the 300 linear feet of frontage, we calculate the allowable building area to be 41,250 square feet. Request National Education Corpv. ation hereby requests the City Attorney provide the following confirmation and waivers. 1. It is requested that there be a clarification that the allowable building area on the three Tots is a total of 4..250 square feet, in accordance with GPA 81-2. 2. Since National Education Corporation at one time had received approval for traffic created by a 70,000 square foot building, and since permission is now sought for a building or buildings on the premises aggregating not more than 41,250 square feet, National Education Corporation desires a waiver of any further traffic study. In actuality, the additional square footage is approximately 13,250 square feet more than the amount of footage in existence prior to the fire. Furthermore, the 13,250 additional' square feet of building includes all th¢ buildings to be built on all three lots while the 28,000 square feet included buildings on only two of the three lots. We, therefore, submit that the additional square footage is diminimus and a traffic study should not be required. 3. Since previous approvals were received for a much larger 70,000 square foot building to be built on the subject property, and in view of the destruction to the existing building, we are also requesting a waiver of any additional environmental study. The basis for such waiver request is substantially the same as discussed in the preceding paragraph 2. . In order to assist you in responding to this request, we will be more than happy to furnish such other documentation or information as , you may need. Very truly yours, NATIONAL EDUCATTIION/ CORPORATION By e re/y�A. Brill Vice President General Counsel JAB/lm cc: Fred Talarico Robert S. Kraft ll Planning Commission Meeting October 20, 1983 G O Agenda Item No. 7 / CITY OF NEWPORT BEACH T0Y: 1 f Planning Commission FROM: Planning Department SUBJECT: Traffic Phasing Plan - National Education Foundation (Discussion) Request to confirm staff's interpretation of the Traffic Phasing Ordinance requirements of the Newport Beach Municipal Code as it relates to the approved Traffic Phasing Plan for the National Education Foundation. LOCATION:. Lots 8, 9 and 10 of Tract No. 5169, located at 4401, 4423 and 4443 Birch Street, on the westerly side of Birch Street approximately 700 feet northerly of Dove Street, near the John Wayne Airport. ZONE: M-1-A (yr�luru.�,rry APPLICANT: National Education Foundation, Newport Beach OWNER: Irvine Industrial Complex, Newport Beach Background The National Education Corporation has requested clarification of their rights under their approved Traffic Study. At the June 7, 1979, Planning Commission Meeting, the Commission approved a Traffic Study for the proposed construction of a 72,000 sq. ft. office building in accordance with the Traffic Phasing Ordinance (TPO) and City Policy S-1 ("Administrative Guidelines for the Implementation of the TPO") . The proposed 72,000 sq. ft. building was to replace existing office buildings on the site which have a total of 24,700 sq. ft. A total of 44,800 sq. ft. of new floor area was to be added to the site. At the July 23, 1979 City Council Meeting, the Council sustained the recommendation of the Planning Commission. At the April 10, 1980 Planning Commission Meeting, the Planning Commission approved the waiver of a parcel map requirement for the combination of Lots 8, 9 and 10 of Tract 5169. Subsequent to the approval of the waiver, the National Education Foundation Corporation submitted construction drawings for an office building of approximately 70,000 sq. ft. on the three lots and a parking structure. All corrections to the plans requested by the City were made, however, the building permit was never issued as the applicant determined that the project could not proceed due to economic factors. Subsequent to the above actions, the City Council approved General Plan Amendment 81-2 (GPA 81-2) . GPA 81-2 consisted of several changes to the various elements of the Newport Beach General Plan for several areas within the community including the Campus Drive area where the project is 'to be located. TO: Planning ommission - 2. The General Plan Amendment designated the area for a mixture of General Industry and Administrative, Professional and Financial Commercial, uses. Additionally it established the following standards for future development: "l. Establish a permitted intensity of development for the Campus Drive area (as shown on Exhibit 7 following Page 12 of the draft EIR) of 0.5 floor area ratio, with a floor area ratio of up to 1.0 permitted floor area may be approved if a finding can be trade that the traffic and circulation system impacts are no greater than those generated by an office development of 0.5 FAR. The floor area ratio limits are defined as the ratio of gross structural area to the buildable area of the site. ' 2. Direct that the zoning in the area be amended to implement this General Plan Amendment. 3, At the time of future discretionary actions, individual projects shall be required to contribute a sum equal to their fair share of future circulation system improvements as shown on the City's Master Plan of Streets and Highways and other mitigation measures as required." Due to City Council project priorities, no actions have been taken as of this writing to initiate the several studies and ordinances needed to implement these actions. Analysis The National Education Corporation has requested that .staff provide confirmation that no additional Traffic Study would be required if they meet all of the provisions of the original Traffic Study, the General Plan as amended (0.5 times buildable maximum) , and all other applicable ordinances of the City. ' Staff is of the opinion that no additional Traffic Study need be prepared as neither the TPO or City Policy S-1 contain a time frame within which the project must be completed. The intent of the TPO is to permit development where adequate transportation facilities exist, are being implemented, or will be installed in conjunction with the development which will accommodate the traffic generated by the development. In some instances, approvals have been granted several years in the future and road improvements (public and private) will be made based upon these approvals. It is further the opinion of staff that a total of 41,250 sq. ft. of development is permitted on the site: Gross Site 87,000 sq. ft. Net Site 82,500 sq. ft. Allowable (0.5 x's) 41j250 sq. ft. i� TO: Planning Commission - 3. Recommended Action: Staff recommends that the Planning Commission sustain the findings of staff and make the findings as indicated in Exhibit "A". PLANNING DEPARTMENT JAMES D. HEWICKER, DIRECTOR r Hy Fred Talarico Environmental Coordinator FT/pw Attachments: Exhibit "A" Excerpt of City Council Minutes dated July 23, 1979 Excerpt of Planning Commission Minutes dated June 7, 1979 Excerpt of Planning Commission Minutes dated April 10, 1980 Letter from the National Education Corporation dated October 3, 1983 • Y 1 TO: Planning Commission - 4, EXHIBIT "A" NATIONAL EDUCATION CORPORATION ACTION AND FINDINGS ACTION: 1. Sustain the Findings of staff related to the Traffic Phasing Ordinance and permitted development. FINDINGS: 1. That based upon the Traffic Phasing Ordinance ("Chapter 15.40 of the Newport Beach Municipal Code") and City Policy S-1 ("Administrative Guidelines for Implementing the TPO") , no additional traffic studies need be prepared. 2. That .a maximum of 41,250 sq. ft. of development may be constructed on the property. 3. That the development of an office building of 41,250 sq. ft. on this site is consistent with the Newport Beach General Plan as established by GPA 81-2. 4. That a maximum of 0.5 times the buildable area of the subject property is proposed to be constructed on the site. 5. That a Traffic Study was approved for the project site by the Planning Commission and their actions were sustained by the City Council. 6. That the Planning Commission waived the require- ments that a parcel map be filed if certain conditions were met and the applicant has met said conditions. 7. That the General Plan will require the applicants to pay their "fair-share" of Circulation System Improvements as may be established by the City Council at the time of future discretionary actions. Y OF NEWPORT BE?;'.:HO COUNCILMEN • MINUTES \'SG•fy�C�cyte�P c� REGULAR COUNCIL MEETING \3P\� }9f 9GGZ place: Council Chambers Time: 7:00 P.M. ROLL CALLS N P Date: July 23, 1979 INDEX Present x x x x x x ROLL CALL. Motion < a. The r&diag_of the Minutes of the Regular Meeting All Ayes of July 10, 1979'waswaived, and the Mmutes were approved as written and d filed. Motion x C. The reading in full of all ordinances anaTesolutions All Ayes under consideration was waived, and the City CI`etk was directed to read by titles only. D. HEARINGS: ---- '-_- 1. Mayor Ryckoff opened the public hearing and National Council review of a request of National Education Education Company to consider a Traffic Study for a proposed Company office building containing 72,000 sq. ft. on property (3307) located at 4401, 4423 and 4443 Birch Street,on the westerly side of Birch Street approximately 700 ft. northerly of Dove Street, near the John Wayne Airport; zoned M-1—A. A report was presented from the Community Development Department. Maury Sherman, in behalf of the National Education Company,addressed the Council. Motion x The hearing was closed after it was determined that All Ayes no one else desired to be heard. Motion x The decision of the Planning Commission was All Ayes sustained. E. ORDINANCES FOR SECOND READING AND r ADOPTION: ' 1. Ordinance No. 1816,being, Skateboard/ Rollerskating AN ORDINANCE OF THE CITY OF,' Regulations NEWPORT BEACH ADDING CHAPTER OS 0-1816 TO THE NEWPORT BEACH MU - PAL (2330) CODE REGULATING ROLLE SKATE RENTAL ESTABLISHMENTS. .= A report was presented Xrin he Community Development Department The following p pfe eyaddressed the Council and opposed the Adoption of the ordinance: Jim Toledano, Carney representing N.O.R.M.A.; Bob Gannon attorney representing Roller Skates Ne rt; and Steve Kaeser, owner of Balboa Skate d President of N.O.R.M.A. The following people addressed the Council in support of the ordinance: Aileen Schrader, Gail Vinje Smith of Balboa Island Improvement Association who stated the majority of the Board isupported the ordinance,and John Shea. Motion x I Ordinance No. 1816 was adopted. All Ayes ; i Volume 33- Page 204 i 5 :71 I ATTACF%VT No. 3 C3MMISSIGNERS M1 TES City of Newport Beach � 9 \�•.��° G�� ��o June 7, 1979 02 2 ROLL CALL INDEX The Public Hearing was opene egarding this item and Ray Pickens, Newport 6 ch , appeared before the Planning Commission to s to his concurrence with the conditions as set rth in the Staff Report. Notion x Motion was made t the Planning Commission make Ayes x x x x x the fZeenT dings : Noes x x 1. ic Study on the proposed project pared in accordance with Chapter Municipal Code and City Policy �S-1, and; 2. That based on that Traffic Study, the proposed project will neither cause nor make worse an unsatisfactory level of traffic service on any ''major" , "primary-modified" , or "primary" street. and approve the Traffic Study for a proposed office building containing 190264 sq. ft. -" Request to consider a Traffic Study for a proposed Item #11 office building containing 72,000 sq. ft. TRAFFIC Location: Lots 8, 9 and 10 of Tract 5169, loca STUDY ted at 4401, 4423 and 4443 Birch Street, on the westerly side of Birc APPROVED Street approximately 700 feet nor- therly of Dove Street, near the Orange County Airport. Zone: M-1-A Applicant: National Education Company Owner: Irvine Industrial Company The 'Public Hearing was opened regarding this item and Bob Craft, Langden & Wilson Architects, appear- ed before the Planning Commission to state his con- currence with the conditions as set forth in the Staff Report. Commissioner Beek expressed his concern regarding the addition of 40 cars at the corner of MacArthur j -26- COMMISSIONERS MINUTES \�\ o�v �\ C� of Newport Beach June 7 , 1979 oti INDEX ROLL CALL Boulevard and Campus Drive , or less than 1%, where f the current traffic is 2 ,888, or more than 1%. Motion I I x Motion was made that the Planning Commission make" Ayes x x x x x the following findings : Noes x 1. That a Traffic Study on the proposed project has been prepared in accordance with Chapter 15.40 of the Municipal Code and City Policy S-1 , and; 2. That based on that Traffic Study, the proposed project will neither cause nor make worse an unsatisfactory level of traffic service on any "major" , "primary-modified" , or "primary" street. and approve the Traffic Study for a proposed office building containing 72,000 sq . ft. Request to establish an educational seminar and Item #12 training facility in an existing building iri the M-1-A District. USE PER- Location: Lots 11, 12 , 50 and 51, Tract No. MIT NO. 3201 , located at 3922 Campus Drive , 1111 on the northeasterly 'corner of Cam- APPROVED pus Drive and Quail Street, across CONDI- Campus Drive from the Orange County TIONALLY Airport. Zone . M-1-A Applicant. est, an Educational Corporation, New- port Beach Owner: C us Square Trust, Los Angeles The Public Hearing was o ned regarding this item and Marcy Remcoff, Applica appeared before the Planning Commission to state r concurrence with the conditions as set forth in a Staff Report. Motion I x Motion was made that the Planning Co ission make All Ayes j the following findings : 1 -27- I COMMISSIONERS '*April MINUTES Apri 1 10 , 1980 W a City of Newport Beach Ins N � N � Y p � ROLL CALL INDEX NN in the required 15 foot front yard setback along CONTIN- the Campus Drive frontage of the site. Et ED TO APRIL L TION: Lot 17 , Tract No . 3201 , located 24, 198C at 4040 Campus Drive , on the south- easterly side of Campus Drive be- tween Dove Street and Quail Street across Campus Drive from the John Wayne Airport. ZONE: M- A APPLICANT: Michae Mayfield and Larry D. Hooper, , Budget Rent A Car, Newport Bea OWNER: Robert P. Forbe Santa Ana Motion x Motion was made that Ithis item be con 'nued to is x x x x x the regular Planning Commission meeting f April sent * 240 1980 , pending a review of a revised o street parking layout that is to be submitted by th ap- plicant. * * Request to waive the requirement of a parcel map Item #11 for the combining of lots in conjunction with the construction of a proposed off ice building. WAIVER OF PAR- LOCATION: Lots 8, 9 and 30 of Tract 5169 , CEL MAP located at 4401 , 4423 and 4443 Birch Street, on the westerly side APPROVED of Birch Street approximately 700 feet northerly of Dove Street, near the John Wayne Airport. ZONE: M-1-A APPLICANT: National Education Corporation OWNER: Irvine Industrial Complex The Public Hearing was opened regarding this item and Marvin Leon , Attorney at Law and General Coun- i -23- COMMISSIONERS • MINUTES April 10 , 1980 - =r a c> m CO N M City of Newport Beach ROLL CALL INDEX sel for the Applicant, appeared before the Plan- ning Commission and stated their concurrence with the conditions as indicated in the Staff Report. Motion x Motion was made that the Planning Commission make Ayes x x x XK x the findings as indicated in Exhibit "A" of the Absent * Staff Report and approve the Waiver of Parcel Map Requirement, subject to the condition as indicat- ed in Exhibit "A" of the Staff Report. * * * Request to establish grade for the purpose of mea Item #12 suring height for a proposed balcony in conjunc- tion with the remodeling of an existing single- ESTAB- family dwelling. LISHMENT OF GRADE LOCATION : A portion of Tract "A" , Corona del Mar, located at 3709 Ocean Boule- CONTIR- vard , on the southwesterly side UED TO of Ocean Boulevard , between Poin- APRIL settia Avenue and Poppy Avenue in 24 , 1980 Corona del Mar. I ZONE : R-1 APPLICANTS : Mr. and Mrs . John G. Valentine , Corona del Mar OWNERS : me as Applicants Motion x Motion was made that this item be continued to Ayes K x x x x x the regular Planning mmission meeting of April Absent 24, 1980 , as per the St f' s request. * * * Request to consider an amendme t to a portion of Item #13 Districting Map No . 13 so as to esignate a front yard setback of 10 feet on portio of two lots AMEND- (where a 20 foot front yard setback, is now re- MENT NO . quired by Code) . \. 543 LOCATION: Portions of Lot No . 19 a�d 20 , APPROVED Block 1 , Section 1 , Balboa\.Island , 9 -24- National Education Corporation 43M 9NC1SMEr.NEN40RTSEFCN.CA92M(714)S/&MW October 3, 1983 Robert Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 RE: Lots 8, 9 & 10 of Tract 5169 Birch Street, Newport Beach Gentlemen: This letter is submitted as a request for a written confirmation and waiver in preparation for construction of new buildings on the referenced property. Background The property consists of three' lots of 100 feet by 290 feet each, representing an aggregate of 87,000 square feet. There are two existing buildings on both Lots 8 & 9, which buildings contain approximately 22,000 square feet and 6,000 square feet. In July 1983 a major fire destroyed the 22,000 square foot building. Since the date of the fire, this larger building has been totally unusuable. During the middle of 1980, construction documents for a building of approximately 70,000 square feet of space on all three lots, plus a parking structure were submitted to the City of Newport Beach for plan check. All plan check corrections requested by the City were made. The plan check was extended twice, however, the building permit was never issued due to National Education Corporation's determination that the project should not proceed due to economic factors. Prior to the submission of construction documents for plan check, National .Education Corporation had satisfied the City that the 70,000 square foot building would not cause an undue traffic congestion on the local streets. Also prior to the submission of construction documents, Newport Beach Planning Commission approved the waiver of a parcel map requirement for the combination of Lots 8, 9 & 10 of Tract 5169. As a condition for the waiver of the parcel map requirement for the combination of lots, the City of Newport Beach requested and received an Indemnity Agreement from ,National Education Corporation holding the City harmless from any loss, cost, liability, expense or damage of any nature or kind arising out of or in any way relating to the waiver. This waiver was executed by National Education Corporation and remains in full force and effect from National Education Corporation to the City of Newport Beach. /D I Robert Burnham, Esq• • October 3, 1983 Page 2 It is believed that the City of Newport Beach in 1982 enacted General Plan 81-2 which limits development of the property to .5 times the buildable area. Since the land area of the three lots is 87,000 square feet and after deducting the 15 foot set-back for each of the 300 linear feet of frontage, we calculate the allowable building area to be 41,250 square feet. Request National Education Corpo. ation hereby requests the City Attorney provide the following confirmation and waivers. 1. It is requested that there be a clarification that the allowable building area on the three lots is a total of 4250 square feet, in accordance with GPA 81-2. 2. Since National Education Corporation at one time had received approval for traffic created by a 70,000 square foot building, and since permission is now sought for a building or buildings on the'premises aggregating not more than 41,250 square feet, National Education Corporation desires a waiver of any further traffic study. In actuality, the additional square footage is approximately 13,250 square feet more than the amount of footage in existence prior to the fire. Furthermore, the 13,250 additional* square feet of building includes all th$$• buildings to be built on all three lots while the 28,000 square feet included buildings on only two of the three lots. We, therefore, submit that the additional square footage is diminimus and a traffic study should not be required. 3. Since previous approvals were received for a much larger 70,000 square foot building to be built on the subject property, and in view of the destruction to the existing building, we are also requesting a waiver of any additional environmental study. The basis for such waiver request is substantially the same as discussed in the preceding paragraph 2. . In order to assist you in responding to this request, we will ; be more than happy to furnish such other documentation or information as . you may need. Very truly yours, NATIONAL EDUCATION CORPORATION By &erey Brill Vice President General Counsel JAB/lm cc: Fred Talarico Robert S. Kraft l/ Planning Commission Meeting October 20, 1983 Agenda Item No. 7 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Traffic Phasing Plan - National Education Foundation (Discussion) Request to confirm staff's interpretation of the Traffic Phasing Ordinance requirements of the Newport Beach Municipal Code as it relates to the approved Traffic Phasing Plan for the National Education Foundation. LOCATION:. Lots 8, 9 and 10 of Tract No. 5169, located at 4401, 4423 and 4443 Birch Street, on the westerly side of Birch Street approximately 700 feet northerly of Dove Street, near the John Wayne Airport. ZONE: M-1-A APPLICANT: National Education Foundation, Newport Beach OWNER: Irvine Industrial Complex, Newport Beach Background The National Education Corporation has requested clarification of their rights under their approved Traffic Study. At the June 7, 1979, Planning Commission Meeting, the Commission approved a Traffic Study for the proposed construction of a 72,000 sq. ft. office building in accordance with the Traffic Phasing Ordinance (TPO) and City Policy S-1 ("Administrative Guidelines for the Implementation of the TPO") . The proposed 72,000 sq. ft. building was to replace existing office buildings on the site which have a total of 24,700 sq. ft. A total of 44,800 sq. ft. of new floor area was to be added to the site. At the July 23, 1979 City Council Meeting, the Council sustained the recommendation of the Planning Commission. At the April 10, 1980 Planning Commission Meeting, the Planning Commission approved the waiver of a parcel map requirement for the combination of Lots 8, 9 and 10 of Tract 5169. Subsequent to the approval of the waiver, the National Education Foundation Corporation submitted construction drawings for an office building of approximately 70,000 sq. ft. on the three lots and a parking structure. All corrections to the plans requested by the City were made, however, the building permit was never issued as the applicant determined that the project could not proceed due to economic factors. Subsequent to the above actions, the City Council approved General Plan Amendment 81-2 (GPA 81-2) . GPA 81-2 consisted of several changes to the various elements of the Newport Beach General Plan for several areas within the community including the Campus Drive area where the project is to be located. TO: Planning Commission - 2. The General Plan Amendment designated the area for a mixture of General Industry and Administrative, Professional and Financial Commercial uses. Additionally it established the following standards for Future development: "l. Establish a permitted intensity of development for the Campus Drive area (as shown on Exhibit 7 following Page 12 of the draft EIR) of 0.5 floor area ratio, with a floor area ratio of up to 1.0 permitted floor area may be approved if a finding can be made that the traffic and circulation system impacts are no greater than those generated by an office development of 0.5 FAR. The floor area ratio limits are defined as the ratio of gross structural area to the buildable area of the site. 2. Direct that the zoning in the area be amended to implement this General Plan Amendment. 3. At the time of future discretionary actions, individual projects shall be required to contribute a sum equal to their fair share of future circulation system improvements as shown on the City's Master Plan of Streets and Highways and other mitigation measures as required." Due to City Council project priorities, no actions have been taken as of this writing to initiate the several studies and ordinances needed to implement these actions. Analysis The National Education Corporation has requested that staff provide confirmation that no additional Traffic Study would be required if they meet all of the provisions of the original Traffic Study, the General Plan as amended (0.5 times buildable maximum) , and all other applicable ordinances of the City. Staff is of the opinion that no additional Traffic Study need be prepared as neither the TPO or City Policy S-1 contain a time frame within which the project must be completed. The intent of the TPO is to permit development where adequate transportation facilities exist, are being implemented, or will be installed in conjunction With the development which will accommodate the traffic generated by the development. In some instances, approvals have been granted several ,years in the future and road improvements (public and private) will be made based upon these approvals. It is further the opinion of staff that a total of 41,250 sq. ft. of development is permitted on the site: Gross Site 87,000 sq. ft. Net Site 82,500 sq. ft. Allowable (0.5 x's) 41,250 sq. ft. II TO: Planning Commission - 3. Recommended Action: Staff recommends that the Planning Commission sustain the findings of staff and make the findings as indicated in Exhibit "A". PLANNING DEPARTMENT JAMES D. HEWICKER, DIRECTOR By r Fred Talarico Environmental Coordinator FT/Pw Attachments: Exhibit "A" Excerpt of City Council Minutes dated July 23, 1979 Excerpt of Planning Commission Minutes dated June 7, 1979 Excerpt of Planning Commission Minutes dated April 10, 1980 Letter from the National Education Corporation dated October 3, 1983 r TO: Planning Commission - 4. EXHIBIT "A" NATIONAL EDUCATION CORPORATION ACTION AND FINDINGS ACTION: 1. Sustain the Findings of staff related to the Traffic Phasing Ordinance and permitted development. FINDINGS: 1. That based upon the Traffic Phasing Ordinance ("Chapter 15.40 of the Newport Beach Municipal Code") and City Policy S-1 ("Administrative Guidelines for Implementing the TPO") , no additional traffic studies need be prepared. 2. That a maximum of 41,250 sq. ft. of development may be constructed on the property. 3. That the development of an office building of 41,250 sq. ft. on this site is consistent with the Newport Beach General Plan as established by GPA 81-2. 4. That a maximum of 0,5 times the buildable area of the subject property is proposed to be constructed on the site. S. That a Traffic Study was approved for the project site by the Planning Commission and their actions were sustained by the City Council. 6. That the Planning Commission waived the require- ments that a parcel map be filed if certain conditions were met and the applicant has met said conditions. 7. That the General Plan will require the applicants to pay their "fair-share" of Circulation System Improvements as may be established by the City Council at the time of future discretionary actions. OkY OF NEWPORT BE?.-'H* COUNCILMEN MINUTES REGULAR COUNCIL MEETING \\\C(\j,v 2 Place: Council Chambers GN 2� Time: 7:00 P.M. ROLL CALL �id'TF9 Date: July 23, 1979 INDEX Present x x x x x x ROLL CALL. Motion x B. T�h resding_of the Minutes of the Regular Meeting All Ayes of July 10, 1979'was.waived, and the Minutes were approved as written an d filed. Motion x C. The reading in full of all ordinances anaTesolutions All Ayes under consideration was waived, and the City adek was directed to read by titles only. D. HEARINGS: ~ 1. Mayor Ryckoff opened the public hearing and National Council review of a request of National Education Education Company to consider a Traffic Study for a proposed Company office building containing 72,000 sq, ft, on property (3307) located at 4401, 4423 and 4443 Birch Street, on the westerly side of Birch Street approximately 700 ft. northerly of Dove Street, near the John Wayne Airport; zoned M-1-A. A report was presented from the Community Development Department. Maury Sherman, in behalf of the National Education Company,addressed the Council. Motion x The hearing was closed after it was determined that All Ayes no one else desired to be heard. Motion x The decision _.of the Planning Commission was All Ayes sustained. E. ORDINANCES FOR SECOND READING AND ' ADOPTION: 1. Ordinance No. 1816,being, Skateboard/ Rollerskating AN ORDINANCE OF THE CITY OF- ' Regulations NEWPORT BEACH ADDING CHAPTER y75 0-1816 TO THE NEWPORT BEACH MUNICIPAL (2330) CODE REGULATING ROLLE_ SKATE RENTAL ESTABLISHMENTS. A report was presented m the Community Development Department The following pe pfe addressed the Council and opposed the adoption of the ordinance: Jim Toledano, orney representing N.O.R.M.A.; Bob Gannon attorney representing Roller Skates Ne ort; and Steve Kaeser, owner of Balboa Skate d President of N.O.R.M.A. The following people addressed the Council in support of the ordinance: Aileen Schrader, Gail Ninje Smith of Balboa Island Improvement Association who stated the majority of the Board isupported the ordinance,and John Shea. Motion x Ordinance No. IS16 was adopted. All Ayes i Volume 33- Page 204 i 7 I I - 1 ATTAA&T No . 3 C .MA4:SStGNERS MI TES ty of Newport Beach ��•.� \°' o� ��� June 7, 1979 2 NOII CALL INDEX The Public Hearing was opene egarding this item and Ray Pickens , Newport B ch , appeared before the Planning Commission to s to his concurrence with the conditions as set rth in the Staff Report. notion x Motion was made t the Planning Commission make Ayes xIx x x x the following ndings: Noes x x 1. That Traffic Study on the proposed project ha een prepared in accordance with Chapter .40 of the Municipal Code and City Policy S-1, and; 2. That based on that Traffic Study, the proposed project will neither cause nor make worse an unsatisfactory level of traffic service on any "major" , "primary-modified" , or "primary" street. and approve the Traffic Study for a proposed office building containing 19,264 sq. ft. Request to consider a Traffic Study for a proposed Item #11 office building containing 72,000 sq. ft. TRAFFIC Location: Lots 8, 9 and 10 of Tract 5169 , loca STUDY ted at 4401, 4423 and 4443 Birch Street, on the westerly side of Birc APPROVED Street approximately 700 feet nor- therly of Dove Street, near the Orange County Airport. Zone: M-1-A Applicant: National Education Company Owner: Irvine Industrial Company The Public Hearing was opened regarding this item and Bob Craft, Langden $ Wi'lson Architects , appear- ed before the Planning Commission to state his con- currence with the conditions as set forth in the Staff Report. } Commissioner Bee'k expressed his concern regarding the addition of 40 cars at the corner of MacArthur -26- COMMISSIONERS MINUTES i t of Newport Leech June 7 , 1979 i ROLL CAU INDEX Boulevard and Campus Drive , or less than 1%, where the current traffic is 2,888, or more than 1%. Motion x Motion was made that the Planning Commi-ssion make Ayes x x x x x the following findings : Noes I x 1. That a Traffic Study on the proposed project has been prepared in accordance with Chapter 15. 40 of the Municipal Code and City Policy S-1 , and; 2. That based on that Traffic Study, the proposed project will neither cause nor make worse an unsatisfactory level of traffic service on any "major" , "primary-modified" , or "primary" street. and approve the Traffic Study for a proposed office building containing 72,000 sq. ft. Request to establish an educational seminar and Item #12 training facility in an existing building iri the M-1-A District. USE PER- Location: Lots 11 , 12, 50 and 51 , Tract No. MIT NO. 3201 , located at 3922 Campus Drive , 1911 on the northeasterly corner of Cam- APPROVED pus Drive and Quail Street, across CONDI- Campus Drive from the Orange County TIONALLY Airport. Zone . M-1-A Applicant. est, an Educational Corporation, New port Beach Owner: C Nll� Square Trust, Los ,Angeles The Public Hearing was o ned regarding this item and Marcy Remcoff, Applica appeared before the Planning Commission to state r concurrence with the conditions as set forth in a Staff Report. Motion f x Motion was made that the Planning Co ission make All Ayes the following findings : I -27- i i COMMISSIONERS MINl,7ES — _ *April 10 , 1980 0 � 5 0 W ( City of Newport Beach ROIL CALL'-,, INDEX in the required 15 foot front yard setback along CONTIN- the Campus Drive frontage of the site. EI - TO APRIL L TION: Lot 17 , Tract No. 3201 , located 24, 198( at 4040 Campus Drive , on the south- easterly side of Campus Drive be- tween Dove Street and' QUail Street across Campus Drive from the John Wayne Airport. ZONE: M- A APPLICANT: Michae Mayfield and Larry D. Hooper, . Budget Rent A Car , Newport Bea OWNER: Robert P. Forbe Santa Ana Motion x Motion was made that Ithis item be con 'nued to is x x x x x the regular Planning Commission meeting f April sent * 24, 1980 , pending a review of a revised o street parking layout that is to be submitted by th ap- plicant. * * * Request to waive the requirement of a parcel map Item #11 for the combining of lots in conjunction with the construction of a proposed office building . WAIVER OF PTR- LOCATION: Lots 8, 9 and 10 of Tract 5169, CEL MAP located at 4401 , 4423 and 4443 Birch Street, on the westerly side APPROVED of Birch Street approximately 700 feet no-rtherly of Dove Street, near the John Wayne Airport. ZONE: M-1-A APPLICANT: National Education Corporation OWNER: Irvine Industrial Complex The Public Hearing was opened regarding this item and Marvin Leon , Attorney at Law and General Coun- v -23- . C MMISSIONERS1 . MINUTES April 10 , 1980 0 00 _ N CD CD City of Newport Beach ROIL CALL INDEX sel for the Applicant, appeared before the 'Plan- ning Commission and stated their concurrence with the conditions as indicated in the Staff Report. Motion , x Motion was made that the Planning Commission make Ayes x x x XK x the findings as indicated in Exhibit "A" of the Absent * Staff Report and approve the Waiver of Parcel Map Requirement, subject to the condition as indicat- ed in Exhibit "A" of the Staff Report. * * * Request to establish grade for the purpose of mea Item #lf suring height for a proposed balcony in conjunc- tion with the remodeling of an existing single- ESTAB- family dwelling. LISHMENT OF GRADE LOCATION: A portion of Tract "A" , Corona del Mar, located at 3709 Ocean Boule- CONTIN- vard, on the southwesterly side UED TO C of Ocean Boulevard, between Poin- APRIL settia Avenue and Poppy Avenue in 24 , 198G Corona del Mar. ZONE : R-1 APPLICANTS : Mr. and Mrs . John G. Valentine , Corona del Mar OWNERS : me as Applicants Motion x Motion was made that this• item be. continued to Ayes x x x x x x the regular Planning mmission meeting of April Absent 24, 1980 , as per the St f' s request. * * * Request to consider an amendme t to a portion of Item #13 Districting Map No . 13 so as to esignate a front yard setback of IO. feet on portio of two lots AMEND- (where a 20 foot front yard setback. is now re- MENT NO . quired by Code) . \.• 543 LOCATION: Portions of Lot No . 19 and 20 , APPROVED Block 1 , Section 1 , Balboa\1sland , -24- National Education Corporation 4W SiFCHSTKET.NENTONTBEICH.CAWM(774)546-n6O October 3, 1983 Robert Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 RE: Lots 8, 9 & 10 of Tract 5169 Birch Street, Newport Beach Gentlemen: This letter is submitted as a request for a written confirmation and waiver in preparation for construction of new buildings on the referenced property. Background The property consists of three lots of 100 feet by 290 feet each, representing, an aggregate of 87,000 square feet. There are two existing buildings on both Lots 8 & 9, which buildings contain approximately 22,000 square feet and 6;000 square feet. In July 1983 a major fire destroyed the 22,000 square foot building. Since the date of the fire, this larger building has been totally unusuable. During the middle of 1980, construction documents for a building of approximately 70,000 square feet of space on all three lots, plus a parking structure were submitted to the City of Newport Beach for plan check. All plan check corrections requested by the City were made. The plan check was extended twice, however, the building permit was never issued due to National Educatiom Corporation's determination that the project should not proceed due to economic factors. Prior to the submission of construction documents for plan check, National Education Corporation had satisfied the City that the 70,000 square foot building would not cause an undue traffic congestion on the local streets. Also prior to the submission of construction documents, Newport Beach Planning Commission approved the waiver of a parcel map requirement for the combination of Lots 8, 9 & 10 of Tract 6169. As a condition for the waiver of the parcel map requirement for the combination of lots, the City of Newport Beach requested and received. an Indemnity Agreement from National Education Corporation holding the City harmless from any loss, cost, liability, expense or damage of any nature or kind arising out of or in any way relating to the waiver. This waiver was executed by National Education Corporation and remains in full force and effect from National Education Corporation to the City of Newport Beach. Robert Burnham, Esq• • October 3, 1983 Page 2 It is believed that the City of Newport Beach in 1982 enacted General Plan 81-2 which limits development of the property to .5 times the buildable area. Since the land area of the three lots is 87,000 square feet and after deducting the 15 foot set-back for each of the 300 linear feet of frontage, we calculate the allowable building area to be 41,250 square feet. Request National Education Corporation hereby requests the City Attorney provide the following confirmation and waivers. 1. It is requested that there be a clarification that the allowable building area on the three lots is a total of 4-1�,_2500 square feet, in accordance with GPA 81-2. 2. Since National Education Corporation at one time had received approval for traffic created by a 70,000 square foot building, and since permission is now sought for a building or buildings on the premises aggregating not more than 41,250 square feet, National Education Corporation desires a waiver of any further traffic study. In actuality, the additional square footage is approximately 13,250 square feet more than the amount of footage in existence prior to the fire. Furthermore, the 13,250 additional, square feet of building includes all .th ' buildings to be built on all three lots while the 28,000 square feet inclu ed buildings on only two of the three lots. We, therefore, submit that the additional square footage is diminimus and a traffic study should not be required. 3. Since previous approvals were received for a much larger 70,000 square foot building to be built on the subject property, and in view of the destruction to the existing building, we are also requesting a waiver of any additional environmental study. The basis for such waiver request is substantially the same as discussed in the preceding paragraph 2. In order to assist you in responding to this request, we will be more than happy to furnish such other documentation or information as , you may need. Very truly yours, i NATIONAL EDUCATION CORPORATION I By aAreyBrill Vice President General Counsel JAB/lm cc: Fred Talarico Robert S. Kraft • Planning Commissiolketing April 10 , 1980 Agenda Item No . 11 CITY OF NEWPORT BEACH April 8, 1980 T0 : Planning Commission FROM: Planning Department SUBJECT: Waiver of Parcel Map Requirement ( Discussion) Request to waive the requirement of a parcel map for the combining of lots in conjunction with the construction of a proposed office building. LOCATION: Lots 8, 9 and 10 of Tract 5169 , located at 4401 , 4423 and 4443 Birch Street, on the westerly side of Birch Street approximately 700 feet northerly of Dove Street, near the John Wayne Airport. ZONE: M-1 -A APPLICANT: National Education Corporation OWNER: Irvine Industrial Complex Application This is a request to waive the requirement for a resubdivision and combination of parcels in conjunction with the construction of an office building which is proposed to be built over three adjoining lots in the M-1 -A District. Waiver provisions are set forth under Section 20 . 87 . 090B . of th'e Newport Beach Municipal Code . Environmental Significance This request has been reviewed and it has been determined that it is categorically exempt ( Class 5 - Alterations in Land Use Limitations ) from the requirements of the California Environmental Quality Act. Background National Education Corporation is planning to build a headquarters building on three lots which are presently leased from The Irvine Company . The three lots are Lots 8, 9 and 10 of Tract 5169 , located on the westerly side of Birch Street, northerly of Dove Street, near the John Wayne Airport. TO: Planni *commission - 2 . • The Leasehold Estate was originally created under two separate leases . One of the leases covers both Lots 8 and 9 , and was originally nego- tiated between National and The Irvine Company . The other lease , on Lot 10, was originally negotiated by another party. That Leasehold Estate was bought by National approximately fourteen years ago . Both leases have approximately forty years to run, and expire ap- proximately one month apart in the spring of 2020 . National presently occupies a building which is constructed upon and spans both Lots 8 and 9 . National has retained Lot 10 as open area . National now plans to construct a new and expanded headquarters build- ing which will span all three of Lots 8, 9 and 10 (see attached letter) . Section 20 .87 .090A of the Newport Beach Municipal Code provides that where a new building, such as the one contemplated above , is planned to cross existing property lines , no new construction shall be permit- ted until such time as said lots or parcels shall have been resub- divided into a single building site . To meet this requirement, National has attempted to join with The Irvine Company in securing a resubdivision of the property . However, The Irvine Company has cited both legal and administrative problems as to why they should not join in the resubdivision unless National is willing to consolidate the existing two leases into one new lease . Section 20 . 87 . 090E of the Newport Beach Municipal Code provides that where existing buildings have been found to be constructed over exist- ing lot lines and where said building site is found to be under multiple ownerships or a combination of ownerships in fee , leasehold, or other estate in real property, the requirement for a resubdivision as required in Subsection A may be waived by the Planning Commission upon a finding that the .estate in the real property is of sufficient length to guarantee that the lots or parcels which constitute the building site will be held as a single entity for the economic duration of the building improvement to be placed on the site . The Planning Commission or City Council , on appeal , may impose such conditions as deemed necessary to secure the purpose of this Title . The City Attorney has reviewed the applicant's request and the terms of each lease and is satisfied that the provisions of Section 20 .87 .090 can be met .with respect to the requirements for multiple ownership or combination of ownership in fee leasehold, and that the ground lease is of sufficient length to guarantee that the parcels which consti - tute the building site will be held as a single entity for the econ- omic duration of the proposed improvements on the site . Suggested Action If it is the desire of the Planning Commission to waive the resub- division requirement and approve the applicant' s request, the follow- ing findings and conditions are suggested: A . FINDINGS 1 . The building site is under multiple leasehold ownership . TO: Planni Wommission - 3. • 2. The estate in real property is of sufficient length ( forty years remaining) to guarantee that the lots or parcels which constitute the building site will be held as a single entity for the economic duration of the building improvement to be placed on the site . B. CONDITIONS 1 . That the applicant shall indemnify and hold harmless the City in a manner satisfactory to the City Attorney . PLANNING DEPARTMENT A4VA Q. 4AKS D . HEWICKER an ing Director JDH/kk Attachments : Vicinity Map Letter from Applicant • I I t i i (� Iss tbrsa,9<ro f �Q � (7'�S/9G p ( • I ✓�� ael 8�5� � 1 Figure 2 SZTE• DESIGN ^tllk G assocvrcs �ntro 9 N�yy,cr;, r980v� NADONAL EDUCA'PYON AN INTERNATIONALTRAINING CORPORATION /r�' `~L � JOHN J.MCNAUGHTON 4361 BIRCH STREET �, . Chairman of the Board NEWPOW BEACH,CA 92663 rV (714)546-7360 March 4, 1980 Mr. James D. Hewicker Director Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mr. Hewicker: National Education Corporation (formerly National Systems Corporation) is planning to build a headquarters building on three lots which are presently leased from The Irvine Company; to wit, Lots 8, 9 & 10 of Tract 5169 ("The Leasehold Estate") . The Leasehold Estate was originally created under two separate leases. One of the leases covers both Lots 8 & 9, and was originally negotiated between National and The Irvine Company. The other lease, on Lot 10, was originally negotiated by another party. That Leasehold Estate was bought by National approximately 14 years ago. Both leases have approximately 40 years to run, and expire approximately one month apart in the spring of 2020. National presently occupies a building which is constructed upon and spans both Lots 8 & 9. National has retained Lot 10 as open area. National now plans to construct a new and expanded headquarters building which will span all three of Lots 8, 9 & 10. National understands that under normal circumstances the City of Newport Beach would require the three Lots to be resubdivided into a single- building site prior to the issuance of a building permit for the new headquarters building. National has attempted to obtain the agreement of its landlord, The Irvine Company, as to this resubdivision, without success. Mr. James D. Hewicker March 4, 1980 Page Two Accordingly, National hereby requests the Planning Commission of the City of Newport Beach to waive the request for resubdivision for the planned construction pursuant to the provisions of Section 20.87.090B of the Newport Beach City Code. National believes that its Leasehold Estate in the properties in question is of sufficient length to guarantee that the parcels involved will be held as a single site for the economic duration of the planned building to be constructed on the site. National will, of course, agree to such reasonable conditions as are deemed necessary by the Planning Commission for the issuance of the requested waiver. As we have advised you, National is a pioneer in the Newport Beach airport area having relocated its headquarters to the site in question in the mid 1960's. National requires the new headquarters building to meet its expanding business needs and to remain a part of the Newport community for many years to come. National is listed on the American Stock Exchange and has a net worth in excess of $14 million. We have already furnished you with copies of the leases creating National's Leasehold Estate in Lots 8, 9 & 10. We have also furnished you with responses from National's landlord to National's request to join in the necessary documentation for the resubdivision of the site. Obviously, should you require any further information with respect to the requested waiver please don't hesitate to call upon us. Very truly yours, NAT L EDUCATION CORP ION McN hton hairman of the Board JJM:jh cc: Robert Burnham H. David Bright Marvin Leon, Esq. William Walker F f j COY OF NEWPORT BEOH COUNCILMEN MINUTES REGULAR COUNCIL MEETING ,�A Place: Council Chambers Time: 7:00 P.M. ROLL CALL �s s Date: July 23, 1979 INDEX Present_ x x x x x-x--x_A. ROLL CALL. Motion x B` The 'reading of the Minutes of the Regular Meeting All Ayes of July 10, 1-979-was waived, and the Minutes were approved as written and-ord red filed. Motion x C. The reading in full of all ordinanc�solutions All Ayes under consideration was waived, and the City Cle was directed to read by titles only. D. HEARINGS: 1. Mayor Ryckoff opened the public hearing and National Council review of a request of National Education Education Compfifa"e 6ny to_consi er a Traffic Study for a proposed Company !ni7-- o *cui12ing conta.ining 72,000 sq.'ft:on property (3307) loca�d-25T 41 OT, 4 an "T43-BiccI ree , on he wester y side of Birch Street approximately 700 ft. northerly of Dove Street, near the John Wayne Airport; zoned M-1-A. A report was presented from the Community Development Department. Maury Sherman, in behalf of the National Education Company, addressed the Council. Motion x The hearing was closed after it was determined that All Ayes no one else desired to be heard. Motion x The decision of the Planning_Commission was All Ayes sustained. E. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1816, being, ,Skateboard/ Rollerskating AN ORDINANCE OF THE CITY 017�r Regulations NEWPORT BEACH ADDING CHAPTER 5.75 0-1816 TO THE NEWPORT BEACH MUNJCIPAL (2330) CODE REGULATING ROLLER/SKATE RENTAL ESTABLISHMENTS. A report was presented fyom the Community Development Department.,-," The following peopl ae ddressed the Council and opposed the `adoption of the ordinance: Jim Toledano, attorney representing N.O.R.M.A.; Bob Gannon,;'�attorney representing Roller Skates Newport; and Steve Kaeser, owner of Balboa Skate and President of N.O.R.M.A. r/ The following people addressed the Council in support of the ordinance: Aileen Schrader, Gail Vinje Smith of Balboa Island Improvement Association who stated the majority of the Board supported the ordinance, and John Shea. Motion = x Ordinance No. 1816 was adopted. All Ayes j Volume 33 - Page 204 I i *TY OF NEWPORT B&CH COUNCILMEN MINUTES 9 � � ROLL CALL �(P � July 23 1979 INDEX F. CONTINUED BUSINESS: 1. A report was presented from the City Manager City-owned regarding the Joint Lease between the City and the Property/ Orange Coast Young Men's Christian 6000 W Association/Balboa Power Squadron. Coast Hwy (1459) Jim DeBoom) Executive Director of the Orange . Coast Y.MiC.A. and Fred'VanderWeele of the Balboa Power Squadron addressed the Council and asked that both entities be charged only $1.00 per year rental and allowed to jointly make the necessary improvements in the building amounting to approxi- mately $101000. Motion x esolution No. 9605, authorizing the Mayor and City R-9605 All Ayes erk to execute a Joint Lease Agreement between th City and Orange Y.M.C.A. and Balboa Power Squ dron, was adopted. 2. A re iGlenn from the Traffic Affairs Committee Security regardihe request for security gates by the Gates Newpoach Townhouse Owners Association was (3284) presen Motion x The ites eferred to staff for further study. All Ayes 3. A repas presented .from the Public Works General Plan Depart reg rding cost estimates for improve- (673) ments d to omplete the circulation system to its desid class' ication. The • fing peop addressed the Council in support the app oath being taken, and/or supportin concept he Action Team: Chuck Hirsch, irman of the ransportation Committee of thember of Co metce; Robert Shelton; Gordonst, President of the Chamber of CommeGlenn Marti and Jean Watt, representing S.P.O.N. Motion x The formation of an action tea as discussed, was All Ayes approved in concept, the Mayor ,as authorized to appoint a ten-member team repr renting various points of view after the duties have en established and the Mayor Pro Tern was directedto work with the staff to prepare a resolution au oriting the formation of an action team and settin forth the duties to be brought back on August 27. Motion x 4• A copy of a letter from the City of Garden rove to State Bail- All Ayes Senator Paul Carpenter stating that city's opp sition but Funds to Assembly Bill 8 and Senate Bill 186, and a r ort (3308) from the City Manager regarding a synopsi of Assembly Bill No. 8 were received and ordered fil Volume 33; Page 205 i 1 City Council Meeting July 23, 1979 Agenda Item No . D-1 • CITY OF NEWPORT BEACH July 19 , 1979 TO : City Council FROM: Department of Community Development SUBJECT: Public hearin and City Council review of a ra is to y or a ro ose office bui din containing Sq.-C. LOCATION: Lots 8, 9 and 10 of Tract 5169 , located at 4401 , 4423 and 4443 Birch Street, on the westerly side of Birch Street approximately 700 feet northerly of Dove Street, near the John Wayne Airport. ZONE : M-1 -A • APPLICANT: National Education Company OWNER: Irvine Industrial Complex Suggested Action_ Hold hearing; close hearing; if desired, sustain, modify or overrule the decision of the Planning Commission. Planning Commission Action At the June 7, 1979 Planning Commission meeting, the Commission approved the Traffic Study for the proposed office building containing 72 ,000 sq. ft. , making the following findings : 1 . That a Traffic Study on the proposed project has been prepared in accordance with Chapter 15.40 of the Municipal Code and City Policy S-1 , and; 2. That based on that Traffic Study, the proposed project • will neither cause nor make worse an unsatisfactory level of traffic service on any "major, " "primary- modified, " or "primary" street. Application The applicants have requested the approval of a Traffic Study for the proposed construction of a 72 ,000 sq. ft. office building on Birch TO : City Council - 2. Street between the Newport Place Planned Community and the John Wayne Airport. The proposed office building is located at 4401 through 4443 Birch Street. The Traffic Study for the proposed office build- ing has been prepared in accordance with Chapter 15 .40 of the Newport . Beach Municipal Code ( "Traffic Phasing Ordinance") and City Policy S-1 ( "Administrative Procedures for Implementing the Traffic Phasing, Ordinance" ) . A copy of the Traffic Study prepared for the City by JHK and Associates , is attached for City Council review. Proposed Project The proposed project consists of a si,x story office building with 72,000 sq. ft. of gross floor area. This building will replace two existing office buildings on the site which have a total of 24,700 sq. ft. A total of 44,800 sq . ft. of new floor area will be added to the site. The applicants propose to provide all required parking in a structure on the site. Primary access to the site will be via Birch Street. Birch Street leads to Bristol Street and North Bristol Street, an east-west one- way couplet. Access is also available to MacArthur Boulevard and Jamboree Road. These major north-south arterials ,provide access south to Coast Highway .and north to the San Diego Freeway. Traffic Study • The City Traffic Engineer determined that the following nine inter- sections would be affected by the proposed project based on its size and geographic location : 1 . Bristol Street North/Birch Street 2. Bristol Street North/Jamboree Road 3. Bristol Street/Campus Drive 4. Bristol Street/Birch Street 5. Bristol Street/Jamboree Road 6. Jamboree Road/Campus Drive 7. Jamboree Road/MacArthur Boulevard 8. MacArthur Boulevard/Campus Drive 9 . Bristol Street North/Campus Drive From the study of the critical intersections noted above, it was deter- mined that the project will generate one year after its projected completion date (1981 ) , more than one percent of the projected p.m. peak two and one-half hour volume on any leg, only at the intersection of Bristol Street North/Birch Street. In accordance with City Policy S-1 , Intersection Capacity Utilization Analysis was made for projected traffic volumes (summation of existing • peak hour volumes , regional growth volumes , and committed project volumes ) and projected traffic volumes plus project traffic volumes . The ICU calculations at the intersection of Bristol Street North and Birch Street indicated that projected volumes plus project traffic volumes ICU will be less than 0.90 and that further analysis would not be required under City Policy S-1 (existing + regional + committed + project = 0.86) . A T0: City Council - 3. Staff Analysis City Policy S-1 provides that an analysis be done to determine if one year after completion of the project, or portions of the project for which the traffic analysis is being performed, the project will generate one percent or more of the projected traffic volume for each leg of each impact intersection during the 2. 5 hour peak period. The policy also provides that when one year after the completion of the project, the project may generate one percent or more of pro- jected traffic volume on one or more legs of any impacted intersection , then an ICU analysis will be performed on the Bristol Street North/ Birch Street intersection . The projected ICU with the project at this intersection is 0 .86 . Inasmuch as this projected ICU is less than . 90, the Planning Commission was able to make Finding No . 2 listed above . No trip generation reduction measures were required to achieve the . 86 ICU at this intersection . Subsequent to the Planning Commission ' s approval of the Traffic Study , a question was raised by the City Council regarding the study, particu- larly as it addresses the intersection of MacArthur Boulevard and Campus Drive. The Traffic Study indicates that the project peak two and one-half hour volume on both the northbound and southbound ap- proaches to this intersection is less than 1 % of the projected peak two and one-half hour volumes . Therefore no ICU analysis was required • or performed. Council Policy S-1 provides that -in making the 1 % test that traffic volumes shall not be used which exceed the capacity of' the circulation system specified in the General Plan. In order to make this determina- tion , the staff has had three ICU analyses made of this intersection as follows : Project V/C ratio w/existing configuration = 1 . 26 Project V/C ratio w/General Plan configuration = 1 . 04 Intersection ICU w/complete G. P . circulation system = . 7135 The first two ICU' s do not assume intersection capacity improvements in any other intersection . Both of these indicate a project ICU in- crease over projected ICU of approximately 1 %. The third ICU is based upon traffic model computer projections with full development and full improvements to the circulation system which results in an altered traffic pattern . Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT • R. V. HOGAN, Director by Q. _ JA ES D. HEWICCER ss 'stant Director - Planning JDH/kk Attachments to City Council Only : 1 ) Traffic Study dated May 9 , 1979 2) Report of Findings from City Traffic Engineer 3) Planning Commission Minutes - June 7, 1979 4) ICU Work Sheets 5 National Eduction Report - "Growing With Newport Beach " . ATTACHMENT N0. 1 !� _ J 0 hk & _associates James 14. Kell. president May 9, 1979 • Mr. Fred Talarico •cii, 1� Environmental Coordinator t tiON Community Development Department CA City of Newport Beach rtci`� 3300 Newport Blvd. Newport Beach, Calif. 92663 Our File: #6881 Dear Mr. Talarico: This letter-type report describes the findings of our traffic analysis of the proposed National Education office development lo- cated between Campus Drive, Birch Street, Dove Street and Mac Arthur Boulevard in the City of Newport Beach. The subjects discussed in this report are as follows: • I Site Location I Project Description I Critical Intersection Locations I Trip Generation I Trip Distribution I Trip Assignment Critical Intersection Impact Analysis y Intersection Capacity Utilization (ICU) Analysis I Conclusions Site Location The proposed project is located on Birch Street•, and bound by Campus Drive, Mac Arthur Blvd. , and Dove Street in the City of New- port Beach (Figure 1) . The site is surrounded primarily by office • and similar type developments. 1617 Fast 17th Street. Suite 20 0 Santa Ana, California 92701 • (714) 973-0455 fNUP E BLVO I ➢ ucu,x� gl ai ' J 'v� i :.i 4 I b "•j:'Vi'.ifl 41wri', L I' SY•ti•" .. . J �+ � °� AY wn: M: •�1> ,'�� .bl r�j� _. •. �:'ra•'�`�_ 4�a9'p eWo I a4Y, .Sr 14 i • a �f . ,I .Y I �� wvnan., —.Y 8 g h P.N _ COSTA rrr nw plY rra Y '�SAN DIE60 .••"•" SAN DIEGD +-- — — -- d ai � IAT'�Y s I I i / IMAnIY4 "2 Al G �fMUlIRWO ' s • •G• ° I hJ I f W wvn y � lie aLY '� s • aP _ _ —� I .r e ,F • �Y i p � � I q♦, r„ lod 9 r I�I ' u o�' 3,p9 l a ��, O n I , h �JO I 0/f�• �• nh°n5 o e I SITE LOCATION I I, �` tAI e�4 '. . �4 4 rr i S ` .C• art sill, I • :ti ��� •••PPapi6T •'rt��I _ 6/. t, � i .IM � i � r•f�F � of � — Y �'."'•': `� �`l0 'b .9 @��„~rp4 � ! `'JIP@'�T':'..-ii:� OF e4 I �5•,,;f I � 8 �St�•4�'•'� , .\�/ i,Yb'd'h •Q � •� nw �, �'Yi ' ' ♦< # I � yf. em � °p dlt°�p" •�;.•.`.� '�` .j:cod:�' ♦ I q ' •�' y�`�9y�, � �°4 I '� r/ I V�J�t�- yFJ '•w'r"^��.fi' ♦a`°' ` T,4L: �� d�°t�.1^rhl 4 a ` ' 1...Y. / 'F n�O '+'W �'•� j 1• �tirhiF.'.iY�'.e r'.. a ♦ �'1'fig �i''a n� �• i a'`• I I IWrv[nsm °oar, •., rr,r.. UPPn ..�...� , M � ' Pq 4 yr''' w1m.`�` .. y I • I� I. p. u.. fi(rr-- 9 anon^ • u Mi�.14�.r ..`w°are^°i.. . . ♦ t:,, j � a 4 �� `p� .•}p:�• '.^aaea, ^:rV Vh a'.^ilk}:.r... � ; '^'�:...�•': .� ua. •17 ` %;'y, .d'.rwiiv ..;'•� i��• Lnitr•' ��f ; / °+nr ^.. :� h^QS ^`•• •N' ±IW'r J '! p/ ammo l to unw ••� .`�° Y .•tn(Sjd n .� o .1�` Y InLf .ra 'RV �1VG 1 ---- Jr' • ^l � ("S' �M d f £^I4 a p4D ----- .' a � :•,..-n... , Figure 1 SITE LOCATION ,11k a associates • • jhk a nwiuin f C(J 2 Project Description The proposed development udder study is for a six story office • building with 72,000 square feet of gross floor area (Figure 2) . This building will replace two existing office buildings totaling 24 ,700 square feet. All required parking will be accommodated in a structure of some sort on the same site as the building. Primary access to the site will be via Birch Street. Birch Street leads to Bristol Street and North Bristol Street, a major east-west one-way couplet. Access is also available to MacArthur Blvd. and Jamboree Blvd. These are major north-south arterials that provide access south to Pacific Coast Highway and north to the San Diego Freeway, approximately 131� miles. Critical Intersection Identification The proposed office development is located in Critical Inter- section Identification Area 1 as identified by the City of Newport • Beach. Required in the traffic phasing ordinance, any project to be developed in Area 1 must have as many as twelve intersections ana- lyzed to determine whether the proposed development will have a nega- tive traffic impact on the corresponding intersections. In discussions with the Traffic Engineering Division of Public Works, nine intersections were selected for this analysis. The cri- tical intersections identified are presented in Figure 3. Trip Generation As previously discussed, the proposed office building is to replace two existing office buildings. In discussions with the Traffic Engineering Division of Public Works, it was decided that for this project, the traffic impact analysis would focus on the additional traffic the development will generate compared to the existing structures to be demolished. • I I I I p`�a•.t� — — ray' t .�' � "I. :.:; � �. IQ I1��l9U p I ,. 6mCW7- I '• � .. � r � � J4r I', FEihhk 2 ;: SITE, DESLGN, cis- r. nrml •' F ntvo I wnnnu. Dw � 6/\I �o I• w.0•_ N�_e�,l�'•_ r��i•• u . • �. •" C4gr� er�V A � a �PneiM1, ♦I . 1'jt• 4piw, rrari.c le a n.n..'�^ I'��nr:' •LJ. •�,I J •�f 4 d !. I• a l'mrrl°Yu '" —sr8 4 @ 'i • ••Illr• 1•PYI h � .__ __ SAN DIEGO +BAN,DIEEO — • �i'Ia ..l'1 n • geYrK• m•• P• I R _! p I \n C m �c f I • I I nLL°nK r O'y v f( �V.LL0.1AIN0 a I ', I ( i SM o� t DAIA(M cm ie .• A o n ♦ y P �a 9 r aka n I J� I DYfDO. O• P P} yq ♦ I lr� 0 0y •• n � n I I abo'=—I •�• 4�� 'i 9 S I . �I � a0�Q I I Z u �a0'"4c � r s4 ar.. • � } ..C• � I �;r: 1 ♦ (eris:r".. • 9 41 '•.I f� C• ( r% ( m I i D' I 4 '(tF! nl •yo e°I',�,:F� ,.� e� /,,;:"1:•�iy.8 ` a "'fe,t\.�,y� � (;� I`�, I vl. 's7:; ( '1\q 4T,'8 ♦ .1 V \� L � �� a �l •aa VI I � M�,iuPhM � ,'•��+)� d � McMhf -V=l!!! rrwwww..111111 o���'. 1,> a •�>�W�NBD�-- —i---f I,. — �. ---'-- « a � •Y�,f — • n ... ♦ ■ fanl 7 nr "fil n.i'%. ''•sar.. p. 'I .� ! I mruun r uunw ,M `die •4 --•I 4•'4 i IRVINE M1 ,> a: t, •l S , EACH • E`••° .� a v �a=%ivy a4 * W ••"` n s. +' —, " _ "Y �, .� �? Figure 3 NEWPORT BEACH CRITICAL vE ��— Si`Ir, M�•,•f°YI♦Y INTERSECTION IDENTIFICATION :•t ,P•n x,♦ 1 una .; ,.. . jhk off• a nD•M1� r ''•�ti:•�?•, •, ff;• � ti�::�. & associates • • jhk 3 Average Daily Traffic (ADT) and PM Peak 23� Hour and PM Peak 1 • dour Traffic Volume Trip Generation Rates for office development were supplied by the City of Newport Beach Traffic Engineering Division of Public works. Generation rates along with the net trips genera- ted from this proposed development are presented in Table 1. Trip Distribution Trip distribution to/from the study area was provided by the City. Their source for the distribution was based on a trip distri- bution study for the Emkay Development located easterly of the pro- posed development. The trip distribution percentage used in this analysis are presented in Figure 4. Trip Assignment The trip assignment in this analysis is based upon the trip generation and trip distribution previously presented. In this • assignment process, the traffic to/from the proposed site is via Birch Street. Traffic to/from the surrounding streets were propor- , tionately assigned to the trip distribution cordon locations. The trip assignment from this analysis is presented in Figure 5. , i Critical Intersection Impact Analysis Critical intersection impact, as defined in the Newport Beach Traffic Phasing Ordinance, is determined if the project will gene- rate, one* year after the project completion date (1981) , more than one percent of the projected PM peak 2� hour volume on any leg of the critical intersections. The projected PM peak 2'h hour volume is the summation of the existing peak 2h hour volume, the peak 2'k hour regional growth volume and Newport Beach approved projects peak 2'h hour volumes. If the traffic generated is more than one percent of the projected peak 2'h hour traffic volumes, • then an Intersection Capacity Utilization (ICU) analysis is re- quired. The City of Newport Beach has provided the 18 Traffic Volume calculation forms. These were filled in using the trip assign- ment volumes previously presented. The forms are presented in Appendix A. jhk • TABLE 1 TRIP GENERATION Existing To Net - Proposed Be Demolished Chan e Gross Square Foot of Floor Area ) Office 72,000 24,700 44,80v Average Daily Traffic Office: 13 TE/1000 sq, ft. GFAl 936 321 615 Tnbound PM Peak 2� Hour Traffic Volumes Office: 1.2 TE/1000 sq. ft. 'GFAl 86 30 56 • Outbound PM Peak 2� Hour Traffic Volumes Office: 3.4 TE/1000 sq. ft. GFAl 244 84 160 Inbound PM Peak 1 Hour Traffic volumes Office: .6 TE/1000 sq. ft. GFAl 43 15 28 Outbound PM Peak 1 Hour Traffic Volumes Office: 1.7 TE/1000 sq. ft. GFA1 122 42 80 1 Trip Generation Rates from City of Newport 'Beach, Traffic Engineering Division of Public Works. • a I� INIrY f DtvD � uc..r:v.r ' e,vo 1• te[�I @ "�•, I %� u•Y•� Y. •��[�• •dl,a r. . .Ml xw Pl, �'•99�/.y- , e� " L l� I. •1 UAI1WIlm1A .^r AV� � I �.m C05T}4 SAN DIFdO SAN DIE00 77 r wn avYne[ eo._ I 1r ® •n o � 11L1[III[0 ' i`•Y [Y D F� 9 VPULAR'HD wu0[Ir 5 M —.�— y cu Sro I J IJ ♦ bf,` C�4efrd ♦ I ♦+ �y�O / 25% i 1 Q •p 3 a .rwrr,,l1mml I ♦ AL 14 — d — T — — — -- .o i ' ♦t /I l� .QV 1o% etrypnEs I `� [qc ''. y9 4 !~ S I ♦`` m<I 'i, , /Q I oy • h.�.. 4F P !•fa' .dJ1.,14 , I . % I ♦i I Y -- 0`,' L;9 hry♦w[. 1,[s' �� ,�:,r)[' o d°I♦+.F� d�.�� ;; _ �Yr+ae a �, `',�y�Tq�} � I..� / i ti��•ti���'- 41• \ r F [•4 � ♦ .101.! I y� YIs.r40M I l��I'� 4r '�d i h • L �4 d �� .� y ,\.:Q:, InYM �l .1 [�` o '.T w4, ��< C•�}' '•'� 9 d F". I,yr'Y-�„,,]i? ?:�32�8 13% c d f ai 2%vgatf _ :gym�... •+"rt s,• :r C° y •` Ynn. I • . `pd'^`,4.+ 3• :PM%p ^••[.,F`v }"t:l.�„ •r 1 t / I \ %`L� _10, 1. I •`�.a• .y dV Ir O ` ) I•: t / nnauu nnuw IRVINE • ♦• °• •ter a BE F� Y •Q �.• jl s ` --' -- -- !•� I0"° -- Figure 4 TRIP DISTRIBUTION 1 •. r, a .�;;e1 Jhk h :ISsCX:IULCS /Y1 q 6 1 C 14 16 • � t 6 Gq0 1 2 2 O 6-► 14 CAMPUS DR. t6 6 40 8 8 14 22-�' BIRCH ST. j ~'3 40� 25 210 r 7 2. 1 qq' 88-y 31 a to i t7 7� DO f L 'L 4 O a * �4 1 •H � h p vI 27 4 11- U) H U QUAIL 21� ~7 �' �i vo 74 3 74 4 L 1 NORTH BRISTOL ST. 21ti 7• 1 3L �6 BRISTOL ST. 3�• S 26 26� 26 1 3� • 1 • Figure 5 TRIP ASSIGNMENT (Peak 2'i Hour Period) jhkQ associates jhk 4 Tn analyzing the nine critical intersections within proximity • of the study site, only one intersection was estimated to have pro- ject traffic greater than 1% of the projected peak 2'k hour volumes. This intersection is Bristol Street North at- Birch Street. Inter- section Capacity Utilization (ICU) Analysis is required at this intersection. Intersection Capacity Utilization (I'CU) Analysis Intersection Capacity Utilization (ICU) calculation %was made for projected traffic volumes (summation of existing peak hour volumes, regional growth volumes, and committed project volumes) and projected traffic volumes plus project traffic volumes. The ICU calculations were conducted for the existing intersection geo- metrics at Bristol Street North and Birch Street. The calculations are contained in Appendix B. • The ICU calculations at this intersection determined that projected plus project traffic ICU will be less than 0.90 and further analysis is not required for identification of mitigating measures. Conclusions Nine critical intersections within proximity of the study site were selected by the City for 1% PM Peak Hour Traffic Volume Analy- sis. One of these intersections was estimated to have project traffic greater than 1% of the projected PM Peak 2' Hour Traffic volumes. This intersection is Bristol Street North at Birch Street. Intersection Capacity Utilization (ICU) analysis was therefore required for this intersection. Intersection Capacity Utilization analysis for this inter- section used the project PM Peak 1 Hour Volumes. The calculation determined that projected plus project traffic ICU will be less than 0.90 and further analysis is not required for identification c •x� N d CAMPUS DR. F BIRCH ST. a �a W DOVE p m x s! H U ,�t, QUAIL `9C 37 1 4%. L 1 NORTH BRISTOL ST. t3 BRISTOL ST. ♦-- PM Peak 1 Hour Traffic Volumes . Intersections with j • Peak 2h Hour Trafficc Vol Volumes (Requires ICU An-alysis) Figure 6 INERTSECTION WITH 1% O Intersections with less P.M.PEAK 2ti HOUR than 1% P.M. Peak 2h Hour TRAFFIC VOLUMES Traffic Volumes ahk e associates jhka .. .�, s of mitigating measures. • Res ectfully submitted, Ray A. Moe Transportation Engineer RAP;:rh • • jhk. APPENDIX A 1% Traffic Volume Analysis • 1% Traffic Volume Analysis Intersection Bristol (N)/Birch (Existing Traffic Volumes based on Average Winter/Spring 197_) Approach Existing Peak 2's Hour Approved Projected 1% of Projected Protect Direction Peak 2h Hour Regional Projects Peek 2l, Hour Peak 24 Hour Peak 2h Hour Volune Growth Peak 231 Hour Volume Volume Volume Volume Volume Northbound 552 _ 466 1018 10 26 1100 3220 32 77 authbound � 21 0 ' Eastbound escbound 3053 27 1164 4244 42 1 El Project Traffic is estimated to be less than 1% of Projected • Peak 231 Hour Traffic Volume Q Project Traffic is estimated to be greater than 1% of Projected Peak 2-2 Hour Traffic Volumen. Intersection Capacity Utilization (I.C.U.) Analysis is required. DATE: PROJECT: FORM I 1% Traffic Volume Analysis • Intersection Bristol "')/Jamboree (Existing Traffic Volumes base on Average inter Spring 197_) Approach Existing Peak 2; Hour Approved PMJected 1%of Projected Project Olrectfon Peak 24 Hour Regional Projects Peak 21a Hour Peak A,Hour Peak 2h Hour Volume Groirth Peak 2N Hour Volume Volume Volume Volume Volume Northbound 5153 13 1774 6940 69 1 outhbound 2811 7 348 3166 32 astbound — — — — — ' Westbound 1162 11 240 T471 37 14 x❑ Project Traffic is estimated to be less than I% of Projected Peak 2z Hour Traffic Volume • ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 2h Hour Traffic Volumen. Intersection Capacity Utilization (I.C.U.) Analysis is required. • DATE., PROJECT : FORM I • • ra l • 1% Traffic Volume Analysis Intersection Bristol/Campus (Existing Traffic Volumes based on Average Winter/Spring 197_) Approach 1 Existing Peak 2h Hour Approved Projected 1% of Projected Project 0lrection Peak 2k Hour Regional Projects Peak 21y Hour Peak 2h Hour Peak 24 Hour Volume Growth Peak 24 Hour Volune Volume Volume. Volume Volume Northbound 1606 27 310 1943 19 southbound ; 3164 54 136 3 Eastbound 3027 26 896 Westbound ® Project Traffic is estimated to be less than 1% of Projected Peak 2z Hour Traffic Volume • ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 23-, Hour Traffic Volumen. Intersection Capacity Utilization (I.C.U.) Analysis is required. DATE: PROJECT: FORM I 1% Traffic Volume Analysis . Intersection Bristol/Birch (Existing Traffic Volumes based on Average inter Spring 197_) Approach Existing Peak 2h Hour Approved Projected l% of Projected Project Direction Peak 2h Hour Regional Prgkcts Peak 2h Hour Peak 2h Hour Peak 2h lour volune Growth Peak 21%Hour Maim volume voluee Volume Volume i orthbound 223 — 84 307 3 southbound j 943 — 184 1127 11 3 Eastbound 2656 23 592 3271 31 26 estbound Project Traffic is estimated to be less than 1% of Projected Peak 2)1 Hour Traffic Volume • ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 2)5 Hour Traffic Volumen. Intersection Capacity Utilization , (I.C.U.) Analysis is required. • DATE: -PROJECT: FORM I I� • 1% Traffic Volume Analysis Intersection Bristol/Jamboree (Existing Traffic Volumes based on Average Winter/Spring 197_) Approach Ezisttng Peak 2h Hour Approved Projected 1% of Projected Project Direction Peak 2y Hour Regional Projects Peak 21s Hour Peak 21s Hour Peak 2h Hour Volune Growth Peak 24 Hour Volune Volt" Volume Volume Vol une Northbound 4996 12 1440 6448 64 1 Southbound 1 2359 6 334 2699 27 — astboune 2778 24 492 3294 33 3 Westbound ® Project Traffic is estimated to be less than 1% of Projected Peak 2z Hour Traffic Volume • ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 2; Hour Traffic Volumen. Intersection Capacity Utilization (I.C.U.) Analysis is required. DATE: PROJECT: FORM I i r 1% Traffic Volume Analysis • Intersection Jamboree/Campus (Existing Traffic Volumes based on Average Winter/Spring 197_) Approach Eatsting Peak 2h Hour Approved Projected 1%of Projected Project Direction Peak 2h Hour Regional Projects Peak 2h Hour Peak 211 Hour Peak 21s Hour Volume Growth Peak 2h Hour Volume Volun Volume Volume Vol tine Northbound 3452 8 1116 4576 46 22 outhbound 1 3417 8 538 3963 40 6 Eastbound 2042 35 502 2576 26 — Westbound 1637 28 98 1763 18 2 ®, Project Traffic is estimated to be less than 1% of Projected Peak 2z Hour Traffic Volume • ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 2)k Hour Traffic Volumen. Intersection Capacity Utilization (I.C.U.) Analysis is required. OATS: PROJECT: FORM I • 1% Traffic Volume Analysis Intersection J o e (Existing Traffic Vo umes based on Average Winter/Spring 197_) Approach Existing Peak 24 Hour Approved Projected 1% of Projected Project Direction Peak 2k Hour Regional Projects Peak 2h Hour Peak 24 Hour Peak 2h Hour Volune Growth Peak 21s Hour Volume Vol" Volume Volume Voluine Northbound 1681 2 562 2245 22 7 outhbound j 2814 3 300 3117 32 21 Eastbound 2923 1 7 548 3478 35 — Westbound 3037 7 336 3380 34 ® Project Traffic is estimated to be less than 1% of Projected • Peak 2, Hour Traffic Volume ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 2h Hour Traffic Volumen. Intersection Capacity Utilization (I.C.U.) Analysis is required. DATE- PROJECT: FORM, I 1% Traffic Volume Analysis Intersection MacArthur/Campus (Existing Traffic Volumes based on Average Winter/Spring 197_) Approach Existing Peak 21,Hour Approrod Projected js of Projected Project Direction Pmk 2h Hour Regional Projects Peek 2h Hour Peak 2h Hour Peak 2h Hour volune Growth Peak 23j Hour Voluee Volume volume volume Volume Northbound 2888 3 1526 4417 44 40 seuthbound 129 1 622 3754 37 14 Eastbound 1693 99 218 1940 19 — astbound 9nn4 U 376 2414 24 Project Traffic is estimated to be less than 1% of Projected ' Peak 2k Hour Traffic Volume • ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 2h Hour Traffic Volumen. Intersection Capacity Utilization (I.C.U.) Analysis is required. • _ DATE: PROJECT: FORM I • 1% Traffic Volume Analysis Intersection (Existing Traffic Volumes based on AVerage winter/Spring 197_) Approach Existing Peak 2y Hour Approved Projected IS of Project Direction Peak 2y Hour Regional Protects Peak 2y Hour Peak Projected]2y Hour Peak 2y Hour Volume Growth Peak 2y Hour Yolunw: Volume Volume Volume Vol une Northbound 1406 24 232 1 outhbound j 3 2 8 2 56 354 1692 E 54 6220 1730 80:4 74 ❑ Project Traffic is estimated to be less than 1% of Projected Peak 22 Hour Traffic Volume • ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 22 Hour Traffic Volumen. Intersection Capacity Utilization. (I.C.U.) Analysis is required. • DATG• — PROJECT: FORM I jhk0. nwun APPENDIX B Intersection Capacity Utilization (ICU) Analysis • F 1 • � I INTERSON CAPACITY UTILIZATION ANALYO Intersection Bristol (N)/Birch (Existing Traffic Volumes ase on lv rage inter Spring 19 _ Movement EXISTING 11203 EXIST EXIST REGIONAL COMiITTED PROJECTED PROJECT PROJECT • Lanes Cap PK HR V/C GROWTH PROJECT V/C Ratio Voluae V/C Ratio Vol. Ratio VOL. VOL. w/o Project Vol. NL 1600 36 .02* - .02* - ..02* 06 - 233 .14 13 .14 NT 3200 _ NR - - $L 27* - 53 .44* 1 45* ST 3200 285 - 497 37 SR 571 EL ETWL ER 46 31 * 29 WT 6400 1205 . 20 11 0 29 1 WR 36 1 • YELLOWTIHE 10 . 10 10 EXISTING INTERSECTION CAPACITY UTILIZATION . 59 EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH W/PROPOSED IMPROVEMENTS I.C.0 .8 S .86 EXISTING PLUS COMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. ® Projected plus project traffic I.C.U. will be less than or equal to 0.90 [] Projected plus project traffic I.C.U. will be greater than 0.90 Projected plus project traffic I.C.U. with systems improvements will be less than or equal to 0.90 - - - - - - - - - - - - - - - - - - - - - - - - - - - Description of system improvement: • DATE: FORM II PROJECT: . • ATTACHMENT NO. 2 , REPORT OF FINDINGS NATIONAL CDUCATION OFFICE loom ( i LOCATION: •on_BirduS mP_t bw_e etPn M Ar act► 81 end Corinthian Why_ • FINDINGS Phase I Project Traffic is estimated to be less than 1% of Existing Peak 22 Hour Traffic Volume. MXxProject Traffic is estimated to be greater than 1% of Existing Peak 231 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. ------------------------------------------------------ Phase II ❑ Existing Plus Project Traffic I.C.U. will be less than or equal to 0.90. ElExisting Plus Project Traffic I.C.U. will be less than or equal to Existing Conditions I.C.U. Existing Plus Project Traffic I.C.U. will be greater than 0.90. Existing Plus Project Traffic I.C.U. will be greater than exist- ing I.C.U. that is currently greater than 0.90. Further analysis required to determine applicable mitigation measures. ------------------------------------------------------------------- ------ Phase III 0 Existing Plus Project Traffic I.C.U. with mitigation measure(s) will be less than or equal to 0:90. u�M Existing Plus Project Traffic I.C.U. with mitigation measures(s) will be less than or equal to Existing Conditions I.C.U. REMARKS: Richard E monston Traffic Engineer • I • ATTAC&T No . 3 / COMMISSIONERS M1 TES City of Newport Beach O June 7, 1979 SOZ 2 *ROLL CALL INDEX The Public Hearing was opene egarding this item and Ray Pickens , Newport B ch , appeared before the Planning Commission to s to his concurrence with the conditions as set orth in the Staff Report. Motion x Motion was made t the Planning Commission make Ayes x x x x x the following ndings : Noes x x 1. That Traffic Study on the proposed project ha been prepared in accordance with Chapter . 40 of the Municipal Code and City Policy S-1, and; 2. That based on that Traffic Study , the proposed project will neither cause nor make worse an unsatisfactory level of traffic service on any 1110 "major" , "primary-modified" , or "primary" Ile street. • and approve the Traffic Study for a proposed office building containing 19 ,264 sq. ft. Request to consider a Traffic Study for a proposed Item #11 office building containing 72 ,000 sq. ft. TRAFFIC Location: Lots 8, 9 and 10 of Tract 5169 , loca STUDY ted at 4401 , 4423 and 4443 Birch Street, on the westerly side of Birc APPROVED Street approximately 700 feet nor- therly of Dove Street, near the Orange County Airport. Zone : M-1-A Applicant: National Education Company Owner: Irvine Industrial Company The Public Hearing was opened regarding this item • and Bob Craft, Langden & Wilson Architects , appear- ed before the Planning Commission to state his con- currence with the conditions as set forth in the Staff Report. Commissioner Beek expressed his concern regarding the addition of 40 cars at the corner of MacArthur -26 I �© COMMISSIONERS g+ w' y� MINUTES vm\'�Fm°o�vm v 3o City ®f Newport Beac l m y 9 0 o y s ° m�tic��c5 June 7, 1979 �s p `- o z 2 ROLL CALL INDEX Boulevard and Campus Drive, or less than 1%, where the current traffic is 2,888, or more than 1%. Motion x Motion was made that the Planning Commission make Ayes x x x x x the following findings : Noes x 1. That a Traffic Study on the proposed project has been prepared in accordance with Chapter 15.40 of the Municipal Code and City Policy S-1, and; 2. That based on that Traffic Study, the proposed project will neither cause nor make worse an unsatisfactory level of traffic service on any "major" , "primary-modified" , or "primary" street. and approve the Traffic Study for a proposed office building containing 72,000 sq. ft. Request to establish an educational seminar and Item #12 training facility in an existing building iri the M-1-A District. USE PER- Location: Lots 11, 120 50 and 51, Tract No. MONO. 3201, located at 3922 Campus Drive-, 1911 on the northeasterly 'corner of Cam- APPROVED pus Drive and Quail Street, across —CON Campus Drive from the Orange County TIONALLY Airport. Zone. M-1-A Applicant. est, an Educational Corporation, New- port Beach Owner: C us Square Trust, Los Angeles The Public Hearing was o ned regarding this item and Marcy Remcoff, Applica appeared before the • Planning Commission to state r concurrence with the conditions as set forth in a Staff Report. Motion x Motion was made that the Planning Co ission make All Ayes the following findi-ngs : -27- I i INTERS*ON CAPnAfCITYq UTTILIZATION ANALYO ATTACHMENT NO . 4 Intersection ►STING INTMsE(M0A.> s (Existing Traffic Volu—mesBased on Average winter/Spring 97_ Movement EX15TING PROPOSED EXIST EXIST REGIONAL COMMITTED PROJECTED PROJECT PROJECT ' Lanes Cap Lanes Cap PK HR VC GROWTH PROJECT VC Ratio Vol um V/C Ratio Vol. Ratio VOL. VOL. w/o Project Vol, NL 1 /(oDD III ;01# 2 S 118 ao1! — 01 NT 2 3w )DVV , 357 aJ 731 /7V •5'# 20 (oD NR 73 - I 1 21 /oi- _ SL I )66 A D` ) 7.3 150 D$ — ,OB ST ? 3)DO 7 IN SR f /600 EL ) bo 185 ;1 YO }iS �D 1� ET 3y0D V0 ),r ER $3 _ 3 3� _ WL ) )boo /00 10 - 7 ID7 ,0�1 jo WT 3LDD 615 - 7p 895 ,2i3 wR I N.5 — HdY9 sc EXISTING INTERSECTION CAPACITY UTILIZATION EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH W/PROPOSED IMPROVEMENTS I.C.0 EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. I-zG Projected plus project traffic I.C.U. will be less than or equal to 0.90 Projected plus project traffic I.C.U. will be greater than 0.90 [� Projected plus project traffic I.C.U. with systems improvements will be less than or equal to 0.90 _ _ _ _ _ I Description of system improvement: I'� �jGFp 1�hcrFax /4aeAr µo j 02 41 Tra.11;t i 0� 3 79 - Bo /-3 DATE: PROJECT: FORM II INItIlb, UN L.firh III UMII.ItnMluCl nian� �} / t N Oyt tnera/ �aN Xn�tsoefbnt^reoMg6u� InterSCCt10n /"IQl HY �c< (( P (Existing Traffic Volumes Bas�on verage T ter Sp1;7ng 97_ � Movement EXISTING PROPOSED EXIST I EXIST IRIG11111. COMMITTED PROJECTED PROJECT PROJECT ' Lanes Cep Lanes Cap PK HR Y/C GROWTH PROJECT Y/C Ratio Yo1ux Y/C Ratio , Val. Ratio VOL. VOL. w/o Project Vol. NL 1 16D0 III ,o� � $ 118 ,07 07 NT 3 YBoo )DYV 1.12 731 1711 .374 20 .3 NR 1 IboO 73 1 ,05 l 27 10'. .04 = 06 SL ADD 66 I 0V 1 73 130 , b8 — ti sT $DO 1026 1 20 268 ,Z6 ,27 SR I I boo XDJ ,13 q / 173 ,/y ly EL 3zo0 185 ,/$ - YD 3zS ET *1 ,IS ER 53 - 3 3� — A I l 00 /oo D6 - 7 10 : ,0 wT 3zoo 615 1 - 7D 895 fig, - wR /J.S sy - - //I lcs• - -- t� 53 lS71 S79' t7 YELLOhTINE ley .ID EXISTING INTERSECTION CAPACITY UT"17ATIDN ,gZ, .ID • EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH M/PROPOSED IMPRDYEMEMTS I.C.0 /,03 EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.L.U. LDy Projected plus project traffic I.C.U. will be less than or equal to 0.90 Projected plus project traffic I.C:U. will be greater than 0.90 Q Projected plus project traffic T.C.U. with systems improvements will be less than or equal to 0.90 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Description of system improvement: Igo �, f�.t rhereax 0 /IatAr��iµ!" 2 �t __ • ,pl- lG X 1,DY DATE: PROJECT: FORM II GENERAL PLAN 78-2 1995 Intersection Capacity Utilization Computations Intersection MACAWWOK 13s.VQr€Arnpus Drz%vE June 28, 1979 1995 Peak Peak Hour 2-Way Hourly Turn Turn 1995 Movement Lanes Capacity Leg Volume Percentage Volume V/C NL 1 1600 9.0 130 681 ?-* NT 3 g800 30,000 85.0 1190 .214 79 NR 1 1600 6. 0 80 . 0500 SL 1 1600 q,q 60 . 0375 • ST 3 y800 35,00o 80.0 1070 2229 SR l 1600 15.7 210 . 1317— EL 2 3200 37.5- 350 r0.7'Y' ET 22,000 55.5 5 2-0 ER 7.0 7 O Mti / 1600 16. 2 80 . 0500 Wr 2 3 20 0 1 y, Ooo 6L1.3 6 N O . 2000'� WR 1 N. S. 5.S 20 1 Yellow Time 0.1000 Intersection Capacity Utilization ICU •7 1 3$ ICU is sum of critical movements, denoted by asterisk N N=Northbound, S=Southbound, E=Eastbound, W=Westbound, L=Left, T=Through, R=Right • 12 . . ATTACHMENT NO. 5 l} �� •, NI N190NALEDUG)TION • N y AN IN LRNAI IONA1.I RAINING COUPORATION ' 7 a41,19U.CHSIKET • WW")TBCACH.CA9766O 1'T'•.• r+r.4 (714)S46J36O , • GROWING WITH NEWPORT BEACH America's largest publicly held voational education company has been headquarterd in Newport Beach for almost 15 years. In 1964, when National Education had outgrown its facilities in Hollywood, it surveyed several areas in which to build its 'first corporate headquarters building. The fledging company had entered a period of rapid growth. It projected continued expansion on a long-range basis and selected Newport Beach because of the availability of land on which expanded facilities could some- day be. built. Late in 1964, the final choice was made. Four long-term leaseholds were acquired. One of the first buildings on Birch Street was built on two of these leaseholds to house National Education and its major subsidiaries. In 1965 a 251000 square foot headquarters building was completed at 4401 Birch Street. It served the growing company well until �1969, when once again the company required additional space. By this time, we operated three rapidly growing subisidaires, had more than 100 employes and had made long-range plans for continued growth. A new 13,764 square foot building was built on the third leasehold at 4361 Birch Street next door to the original headquarters building. Both buildings are now occupied by National Education. • 'SERVING OVER 100,000 CAREER STUDENTS WORLDWIDE" • -2- During the past ten years, our growth has rapidly continued and by • 1976 our company had doubled in size. This was a result of the rapid growth of our Bryman Medical and Dental Assistants Schools and our Sawyer Secretarial Schools. We were forced to lease an additional 15,556 square feet of space in Costa Mesa to house the headquarters staff of these entities because of the lack Of space in our building. This arrangement has never been satisfactory and will change when we build our next corporate headquarters. Today, National Education once again faces the problem of serious shortage of space which will certainly worsen. From 60 employes in Newport Beach in 1969 we have grown to over 225. Our revenues have increased over 700 percent. We are committed to an internal expansion program of 15 percent annually. In addition, we have an ambitious growth program under way. • Our corporate headquarters is today literally bursting at the seams. If steps are not taken now, what is now simply a problem, will soon grow into a crisis. We have grown up in Newport Beach, and we believe we have helped bring to our hometown the national recognition it now enjoys. -Our subsidiaries operate nationally accredited schools in 28 cities across the nation, employing over 1,400 people and annually enrolling in excess of 100,000 students. Our schools are eligible for federal loans and grants. National Education has become a major factor in the post secondary career education system of America. i We believe we serve society and our community, well. We do so in a dual capacity helping ambitious students in acquiring marketable skills in occupations • they prefer and furnishing American industry with badly needed technicians, secretaries and mechanics. Frequently, we can make taxpayers out of those who have been welfare recipients. i I i -3- Ours has often been referred to as the "schools of second chance", offering educational alternatives not available in tax supported institutions. •For 15 years we have been helping people build new lives. We think outs is the kind of company Newport Beach can well be proud of and should encourage to remain and grow in our city. We have always had a policy of encouraging our executives to become involved personally in our community. Mr. John J. McNaughton, our Board Chairmao, has served on the Board of Hoag Hospital for five years, Orange County Boy Scouts @9*Wwc'h, Florence Crittendon Home and is now becoming involved in the Easter Seal program. David Bright, President of the company, is very youth oriented and is involved in various youth programs such as Corona del Mar High School Touchdow� Club, eta-. ;Dr. Eugene-Auerbach, our,. ._ ' Director of Education, is on the State of California Commission of Vocational Education. He is a frequent guest lecturer at University of California, Irvine; • various other local schools and service clubs. I could go on, infinetum, about our people but in consideration of this commissions' time, I feel this is sufficient to show serious community involvement of the company and its people. City Council Meeting July 23, 1979 __ Agenda Item No . D-1 CITY OF NEWPORT BEACH July 19 , 1979 TO: City Council FROM: Department of Community Development SUBJECT: Public hearin and City Council review of a ra is toy or a ro ose office bui din containing sq . t. LOCATION: Lots 8, 9 and 10 of Tract 5169 , located at 4401 , 4423 and 4443 Birch Street, on the westerly side of Birch Street approximately 700 feet northerly of Dove Street, near the John Wayne Airport. ZONE: M-1 -A APPLICANT: National Education Company OWNER: Irvine Industrial Complex Suggested Action Hold hearing; close hearing; if desired, sustain, modify or overrule the decision of the Planning Commission. Planning Commission Action At the June 7 , 1979 Planning Commission meeting, the Commission approved the Traffic Study for the proposed office building containing 72 ,000 sq. ft. , making the following findings : 1 . That a Traffic Study on the proposed project has been prepared in accordance with Chapter 15.40 of the Municipal Code and City Policy S-1 , and; 2. That based on that Traffic Study, the proposed project will neither cause nor make worse an unsatisfactory level of traffic service on any "major, " "primary- modified, " or "primary" street. Application The applicants have requested the approval of a Traffic Study for the proposed construction of a 72,000 sq . ft. office building on Birch • 0 -fi. TO: City Council - 2. Street between the Newport Place Planned Community and the John Wayne Airport. The proposed office building is located at 4401 through 4443 Birch Street. The Traffic Study for the proposed office build- ing has been prepared in accordance with• Chapter 15.40 of the Newport Beach Municipal Code ( "Traffic Phasing Ordinance") and City Policy S-1 ( "Administrative Procedures for Implementing the Traffic Phasing Ordinance") . A copy of the Traffic Study prepared for the City by JHK and Associates , is attached for City Council review. Proposed Project The proposed project consists of .a six story office building with 72,000 sq. ft. of gross floor area. This building will replace two existing office buildings on the site which have a total of 24,700 sq. ft. A total of 44,800 sq . ft. of new floor area will be added to the site. The applicants propose to provide all required parking in a structure on the site. Primary access to the site will be via Birch Street. Birch Street leads to Bristol Street and North Bristol Street, an east-west one- way couplet. Access is also available to MacArthur Boulevard and Jamboree Road. These major north-south arterials provide access south to Coast Highway and north to the San Diego Freeway . Traffic Study The City Traffic Engineer determined that the following nine inter- sections would be affected by the proposed project based on its size and geographic location: 1 . Bristol Street North/Birch Street 2. Bristol Street North/Jamboree Road 3. Bristol Street/Campus Drive 4. Bristol Street/Birch Street 5. Bristol Street/Jamboree Road 6. Jamboree Road/Campus Drive 7. Jamboree Road/MacArthur Boulevard 8. MacArthur Boulevard/Campus Drive 9. Bristol Street North/Campus Drive From the study of the critical intersections noted above, it was deter- mined that the project will generate one year after its projected completion date (1981 ) , more than one percent of the projected p.m. peak two and one-half hour volume on any leg , only at the intersection of Bristol Street North/Birch Street. In accordance with City Policy S-1 , Intersection Capacity Utilization Analysis was made for projected traffic volumes (summation of existing peak hour volumes , regional growth volumes , and committed project volumes ) and projected traffic volumes plus project traffic volumes . The ICU calculations at the intersection of Bristol Street North and Birch Street indicated that projected volumes plus project traffic volumes ICU will be less than 0,90 and that further analysis would not be required under City Policy S-1 (existing + regional + committed + project = 0. 86) . TO: City Council - 3. Staff Analysis City Policy S-1 provides that an analysis be done to determine if one year after completion of the project, or portions of the project for which the traffic analysis is being performed, the project will generate one percent or more of the projected traffic volume for each leg of each impact intersection during the 2. 5 hour peak period. The policy also provides that when one year after the completion of the project, the project may generate one percent or more of pro- jected traffic volume on one or more legs of any impacted intersection , then an ICU analysis will be performed on the Bristol Street North/ Birch Street intersection. The projected ICU with the project at this intersection is 0. 86 . Inasmuch as this projected ICU is less than .90, the Planning Commission was able to make Finding No . 2 listed above. No trip generation reduction measures were required to achieve the .86 ICU at this intersection . Subsequent to the Planning Commission ' s approval of the Traffic Study , a question was raised by the City Council regarding the study, particu- larly as it addresses the intersection of MacArthur Boulevard and Campus Drive. The Traffic Study indicates that the project peak two and one-half hour volume on both the northbound and southbound ap- proaches to this intersection is less than l % of the projected peak two and one-half hour volumes . Therefore no ICU analy-sis was required or performed. Council Policy S-1 provides that in making the 1 % test that traffic volumes shall not be used which exceed the capacity of, the circulation system specified in the General Plan . In order to make this determina- tion , the staff has had three ICU analyses made of this intersection as follows : Project V/C ratio w/existing configuration = 1 . 26 Project V/C ratio w/General Plan configuration = 1 . 04 Intersection ICU w/complete G. P . circulation system = . 7135 The first two ICU' s do not assume intersection capacity improvements in any other intersection . Both of these indicate a project ICU in- crease over projected ICU of approximately 1 %. The third ICU is based upon traffic model computer projections with full development and full improvements to the circulation system which results in an altered traffic pattern . Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director by JA ES D. HEWIC ER ss 'stan-t Director - Planning JDH/kk Attachments to City Council Only : 1 ) Traffic Study dated May 9 , 1979 2 ) Report of Findings from City Traffic Engineer 3) Planning Commission Minutes - June 7, 1979 4) ICU Work Sheets 5 ) National Eduction Report - "Growing With Newport Beach " ar • • ATTACHMENT NO, 1 lr hk & _associates James fi. Kell, president May 9, 1979 c 9 IQ Mr. Fred Talarico ���• _•,cti, Environmental Coordinator t1eWr�., ' Community Development Department (% City of Newport Beach 3300 Newport Blvd. "— Newport Beach, Calif. 92663 Our File: #6881 Dear Mr. Talarico: This letter-type report describes the findings of our traffic analysis of the proposed National Education office development lo- cated between Campus Drive, Birch Street, Dove Street and Mac Arthur Boulevard in the City of Newport Beach. The subjects discussed in this report are as follows: 6 Site Location Project Description Critical Intersection Locations Trip Generation 0 Trip Distribution • Trip Assignment Critical Intersection Impact Analysis y Intersection Capacity Utilization (ICU) Analysis 4 Conclusions Site Location The proposed project is located on Birch Street, and bound by Campus Drive, Mac Arthur Blvd. , and Dove Street in the City of New- port Beach (Figure 1) . The site is surrounded primarily by office and similar type developments. 1617 Fast 17th Street, Suite 20 0 Santa Ana, California 92701 0 (714) 973-0455 rNUM `' F� BLVO ( uc•wnu~ 9. i� .Y 6 :,t � � :.I : bq/ \i b, �o I [or i• XI 'fix �.. � e"'(•�e. .� � .'^�' , � ..E' 'rI+,••g'[u� xnauf- .v E — .r....'`t• __�inm Vrr"�[[�• I �+ ,r d •'!h"'I .ao n All uu/non.- c� .r TIA SAN DIEGO SANDIEGD � a[ r rwK • a- I St d in C a, Ir," 1..'y� a �[ �" ar"„^,•�a.• + f ; r a ni ruauiw ppd`yr� [ �N!li�w0 I ♦J I / I ` � � wag r n `"u a i • ;'9,p • • I . .•' ♦ O a n � l a yJ0 I O/(SD 1 rW r SITE LOCATION I rlrpraM[ i •`•� 14 7 0�' � I � m I.. P I I �it ♦ °j4 c } n �'�a b ' Sn o �O{y. . o r•rt r f 'p'a. .,r.c•�' t I I I,. �_l�i�.r. MI . f. \VVr ^ 4 Ci„`+ \` •��` `' n(YM ~*; fYMrl4] r:F �0,,•;,Y"t y. j �. f:24Y• �'ICFi � irmu :r I m ..j m•h ' •yt rm I4 .r, r y,,,r �}'�.`^ jY\ •rI `yr[r., �V� r °Mr •n• •°i'• d*.f .N• "'}���'/ '� I nrllnlrrl fltrinn• n 1XVINE BEACH - 1-0 e -- ----- a...,,-- Figure 1 SITE LOCATION f +4 ba `..'wry � r-^y `'t ha.•f�+:r.n` �u ' . � i•v�, .•. .�.. y . jhk, a associates jhk 2 i'roject Description The proposed development under study is for a six story office building with 72,000 square feet of gross floor area (Figure 2) . This building will replace two existing office buildings totaling 24,700 square feet. All required parking will be accommodated in a structure of some sort on the same site as the building. Primary access to the site will be via Birch Street. Bitch Street leads to Bristol Street and North Bristol Street, a major east-west one-way couplet. Access is also available to MacArthur Blvd. and Jamboree Blvd. These are major north-south arterials that provide access south to Pacific Coast Highway and north to the San Diego Freeway, approximately lh miles. Critical Intersection Identification The proposed office development is located in Critical Inter- section identification Area 1 as identified by the City of Newport Beach. Required in the traffic phasing ordinance, any project to be developed in Area 1 must have as many as twelve intersections ana- lyzed to determine whether the proposed development will have a nega- tive traffic impact on the corresponding intersections. In discussions with the Traffic Engineering Division of Public Works, nine intersections were selected for this analysis. The cri- tical intersections identified are presented in Figure 3. Trip Generation As previously discussed, the proposed office building is to replace two existing office buildings. in discussions with the Traffic Engineering Division of Public Works, it was decided that for this project, the traffic impact analysis would focus on the additional traffic the development will generate compared to the existing structures to be demolished. G<11Y1l�Us � -- AVGrvvG= I I I Ll �e IYf,!S/9G p may' /38' 695 v :gs�c 5r�crr k g. '•H+ \ 1, Figure 2 ;. SITE;DESIGN jhk .,mot �t n 'tit ae�I ,e.: 3 •"siiii3•,':•I molt ' 1 etvn wcrawu• -9 nro .••�•,•••� * /I I .r,.kl­ nrrr COST d $6 , < I ;; ! oL SAN DIED ' SAN DIEGD , 9{I (4 a 9 r :•� p DiE o .rv�re.4iniw�i 9 .. t• � 4� Ilium t— � • o t u`I p ( •�.��j•, !♦ ♦ ,t y, • �t- •'', I / A. I �yh. P/1Y.ram`•• �jL <9 (h(, ♦ . f�Y (. _ :f•rY < I '°' I `Y ♦(� C}.G" ui e d°I •� ,9 `^��' .�Iw."u" rg J (b �'"q„ ,, q� I x � I �t*s�•. ( '1\ 4!•!^° ♦•i••`/ '\h , G �(�'S �•woo w•t ^�\ ru :+. I� Y� NywM �`.y. ';� . y` '''•:. � ( \ �•'�1'tiw:?ti' �d" 1 r ta7C.X w< s usrry a urnv .r .r ° • .rr pal !�, !;•'r. en°^ o I M, ko 1 tool �1•nanr ♦ ° '', u;... .• I /'� I / y loop FFF n.yn p.y':NT•. "• ,� • ti� 1 I nn1nM, ,tllnnl r s n�c< S«„ r� ♦ '�. - -+-I RV I N E ' , :r '� �.4 of 9ya�}✓i,i'1i4v� 'G {�I ey I M1r ♦,, elm <f 4•�:t�f LL °BE;QC H ••`",�'•^ „ I i i a Figure 3 NEWPORT BEACH CRITICAL INTERSECTION IDENTIFICATION ' 1 �i ♦ � ' j h k a( associates jhkQ ,ta wa 3 Average Daily Traffic (ADT) and PDS Peak 2k Hour and PM Peak 1 Hour Traffic Volume Trip Generation Rates for office development were supplied by the City of Newport Beach Traffic Engineering Division of Public Works. Generation rates along with the net trips genera- ted from this proposed development are presented in Table 1. Trip Distribution Trip distribution to/from the study area was provided by the City. r, Their source for the distribution was based on a trip distri- butyon study for the Emkay Development located easterly of the pro- posed development. The trip distribution percentage used in this analysis are presented in Figure 4. Trip Assignment The trip assignment in this analysis is based upon the -trip generation and trip distribution previously presented. In this assignment process, the traffic to/from the proposed site is via Birch street. Traffic to/from the surrounding streets were propor- tionately assigned to the trip distribution cordon locations. The trip assignment from this analysis is presented in Figure 5. , Critical Intersection Impact Analysis Critical intersection impact, as defined in the Newport Beach Traffic Phasing Ordinance, is determined if the project will gene- rate, one' year after the project completion date (1981) , more than one percent of the projected PM peak 2;� hour volume on any leg of the critical intersections. The projected Pbi peak 2'h hour volume is the summation of the existing peak 2h hour volume, the peak 2k hour regional growth volume and Newport Beach approved projects peak 2'h hour volumes. If the traffic generated is more r J than one percent of the projected peak 2h hour traffic 'Volumes, then an Intersection Capacity Utilization (ICU) analysis is re- quired. The City of Newport Beach has provided the 18 Traffic Volume calculation forms. These were filled in using the trip assign- ment volumes previously presented. The forms are presented in Appendix A. jhk4 uw vin TABLE 1 TRIP GENERATION Existing To Net Proposed Be Demolished Change Gross Square Foot of Floor Area LO ? Office 721000 24,700 -447$8G— Average Daily Traffic Office: 13 TE/1000 sq. ft. GFA1 936 321 615 Tnbound PM Peak 2� Hour Traffic Volumes Office: 1.2 TE/1000 sq. ft. GFAl 86 30 56 Outbound PM Peak 24 Hour Traffic Volumes office: 3.4 TE/1000 sq. ft. GM 244 84 160 Inbound PM Peak 1 Hour Traffic Volumes Office: .6 TE/1000 sq. ft. GFA1 43 is 28 outbound PM Peak 1 Hour Traffic Volumen Office: 1.7 TE/1000 sq. ft. GFA1 122 42 80 Trip Generation Rates from City of Newport Beach, Traffic Engineering Division of Public Works. 1 11 Ixux EI BLVD 9 ..[.. H'� y A�UI, ' e e `1\. E _i;l t•r+�� b� o '^` "1� i•:� •.•w Yar ply SY•� "t• N::• �.:��+ • � n3 � r ,�•-•�� •••r'sv.nom I. •.wvnwu+ CT ♦•er! g ���I � ♦q, •� 'rrr+ ..ra.nro COSTA �•P �V�,[` I _ �41 I ,w..% ----I---- SAN DIE�O � ,S n �� _ "iJrn�eY n _ r•1 . yC 4 F '•. E v a E '"" s r l I •. •.warm �'a�N � � M �� 'P �� I � W 5 G p I O I `Y� • p` " 4 a•�9 ' 3+ '""' ::.� 0 o y>• � I o s� of ly , b nar' tl n y 0 . v.+r�^mnxr r eo •--a + '• 'M wu� ,p r 1• r• • C i ;10% i I ':"°' ,'•• wf � .••� '' • P P rE• SjiaA•� � 13r.,, � �'� 4% i ��a IL •��/Ltq'b d•ti + 6 1 /� :p•li^ �F�M 'o I rl�f} ,'r�"" n s � x °J r�larF� •.r4 A'� � :/mw 'N+yB I^` ♦, ✓'+r „�`qqy r=O �' ilv'' /J I V`.,`*S3� y+' ♦ 8 P +♦• � "♦ {�' �ruvrrve I� m1.ru nr �, ,v'1 � • T 'ti:•. ♦` ce V} ✓4J 1 d \ F"•. I,yy;y(`�� / !'.S•�"ai ,^% n�+° ♦s 1 � ., 130 �.}'i•7:..21r1• �• +u r L7CH� ✓` o� +r i !a I 2!0 .� ._Iuxrvcnam pi t It ,mW r. �a pry,•c Upper I /•• - pys• .+ br�1 .'a•i++ .""10`..i.•ie A •c., I d r ' I ' e t•p qll pJ •rr ,�,P1+ ' ..nuaw n`i°rii^^a'-rri:�«.. � ' I � "`•__�f�a•. +•2' '�' ' b^�`A ni•u: ✓•:, ; � :h.� � +,ram` ' / I o.q, e✓e4(�• 4. �?'J o.. v✓ ~,c4•.a.. w!Ir'. "t / I vnaurr uunw •/ F``` % 'A}SYt ° I IRVINE --- ✓ ,'4� j• tie• r r q W a •l`�r 4, • �'t LL PB� E4ACFI I qr•Jr ♦.Y I X.'__.. � :g '•n r1B r �aYI �9 a ��• 4� .n' p•g4 Gr. q �' ' • { B�+wv e0 ----- �,� � d°"" ,-- Figure 4 TRIP DISTRIBUTION rep:"' •e• '++ .'.' \ % :ia '�{.ti�'r ti:rjrr`.:• r� • r OI'r°+ •'.,yy as ✓j i. N 1 11_[rt, ,2. y 6 a 1 G 14 16 t 6 G40 2 �--2 d 6—► 14 CAMPUS DR. t6 6 40 8 14� 8 22—" BIRCH ST. :3 0 25 2 0 � ' j 1 72_ l 88� 31 a 77 DO VI t-4 O 1 �4 qy 21 4 11 11ti H U QUAIL 21� VNI � BL 74 3 NORTH BRISTOL ST. 21ti 7. �74 r J t •[_ 1 �1 3L t 26 BRISTOL ST. _ 3�• i 26 26� 26 1 3� 1 � Figure 5 TRIP ASSIGNMENT (Peak 211 Hour Period) jhka �5 „«s jhk a 4 Tn analyzing the nine critical intersections within proximity of the study site, only one intersection was estimated to have pro- ject traffic greater than 1% of the projected peak 2� hour volumes. This intersection is Bristol Street North at Birch Street. Inter- section Capacity Utilization (ICU) Analysis is required at this intersection. Intersection Capacity Utilization (ICU) Analysis Intersection Capacity Utilization (ICU) calculation twas made for projected traffic volumes (summation of existing peak hour volumes, regional growth volumes, and committed project volumes) and projected traffic volumes plus project traffic volumes. The ICU calculations were conducted for the existing intersection geo- metrics at Bristol Street North and Birch Street. The calculations are contained in Appendix B. The ICU calculations at this intersection determined that projected plus project traffic ICU will be less than 0.90 and further analysis is not required for identification of mitigating measures. Conclusions Nine critical intersections within proximity of the study site were selected by the City for 1% PD1 Peak Hour Traffic Volume Analy- sis. One of these intersections was estimated to have project traffic greater than 1% of the projected PM Peak 2'h Hour Traffic Volumes. This intersection is Bristol Street North at Birch Street. Intersection Capacity Utilization (ICU) analysis was therefore required for this intersection. Intersection Capacity Utilization analysis for this inter- section used the project PM Peak 1 Hour Volumes. The calculation determined that projected plus project traffic ICU will be less than 0. 90 and further analysis is not required for identification .Y n ?i �3 G r b CAMPUS DR. F ' BIRCH ST. a m W 'DOVE p a E Q y U QUAIL 37 I1I 8it'O i t— 1 NORTH BRISTOL ST. t3 BRISTOL ST. f — PM Peak 1 Hour Traffic Volumes • Intersections with l%P.M. j Peak 2� Hour Traffic Volunesi (Requires ICU Analysis) O + Figure 6 INERTSECTION WITH 1% intersections with less P.N.PEAK 2� HOUR than 1% P.M. Peak 2h Hour TRAFFIC VOLUMES Traffic Volumes j h k a assailites 0 jhk & s of mitigating measures. Respectfully submitted, Ray A. Moe Transportation Engineer RAP::rh 3 '( jhk. .,�... APPENDIX A D 1% Traffic Volume Analysis 1% Traffic Volume Analysis Intersection Bristol (N)/Birch (Existing Traffic Volumes based on Average Winter/Spring 197_) Approach Existing Peak 21s Hour Approved Projected 1% of Proiectad Project Direction Peak 2k Hour Regional Projects Peak 21S Hour Peak 21s Hour Peek 21g Hour Vol une Growth Peak 231 Hour Volu Volu" Volwe Volume Volume Northbound 552 _ 466 1018 10 26 _ 1100 3220 32 77 outhbound � 2 12 0 astbound Westbound 3053 27 1164 4244 42 1 El Project Traffic is estimated to be less than 1% of Projected ' Peak 2z Hour Traffic Volume 0 Project Traffic is estimated to be greater than 1% of Projected Peak 2k Hour Traffic Volumen. Intersection Capacity Utilization (I.C.U.) Analysis is required. DATE- PROJECT: FORM I 1% Traffic Volume Analysis Intersection Bristol (N)/Jamboree (Existing Traffic Volumes based on Average inter Spring 197_) Approach 1 Existing Peak 211 Hour Approved Projected 1% of Projected Project Olrec'tion Peak 2h Hour Regional Projects Peak 2y Hour Peak 2y Hour Peak 2y Hour Votumx Growth Peak 2h Hour Volume Volume Volume Val tone Volume - Northbound 5153 13 1774 6940 69 1 outhbound j 2811 7 348 3166 32 astbound estboond 1162 11 240 1413 14' x❑ Project Traffic is estimated to be less than 1% of Projected Peak 2k Hour Traffic Volume ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 2h Hour Traffic Volumen. Intersection Capacity Utilization (I.C.U.) Analysis is required. DAT PROJECT : FORM I • • ra 1% Traffic Volume Analysis Intersection Bristol/Campus (Existing Traffic Volumes based on Average Winter/Spring 197_) a Approach Existing Peak 21y Hour Approved Projected 1% of Projected Project oirection Peak 2's Hour Regional Projects Peak 2k Hour Peak 2y Hour Peak 2h Hour Volume Growth Peak 2's Hour Volume Volme Volume Volume Volme Northbound 1606 27 310 1943 19 5orthbound j 3164 54 136 3 Eastbound 3027 26 8 96 Westbound ® ' Project Traffic is estimated to be less than 1% of Projected ' Peak 2; Hour Traffic Volume []' Project Traffic is estimated to be greater than 1% of Projected Peak 2.11 Hour Traffic Volumen. Intersection Capacity Utilization (I.C.U. ) Analysis is required. DATE• _ — PROJECT: FORM I 2b 1% Traffic Volume Analysis Intersection Bristol/Birch (Existing Traffic Vo umes based on Average Winter/Spring 197_) Approach Existing Pcak 2y Hour Hpprored Projected 1% of Projected Project Direction Peak 2y Hour Regional Projects Peak 2y Hour Peak 2y Hour Peak 2y Hour Volume Growth Peek 2h Hour Vo1Wm Voluar Volume Vol uae Volume Northbound 223 - F4, 307 3southbound 943 - 4 3 astbound 2656 23 2 26 estbound — — — — ❑ Project Traffic is estimated to be less than 1% of Projected Peak 2)5 Hour Traffic Volume ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 21k Hour Traffic Volumen. Intersection Capacity Utilization . (I.C.U.) Analysis is required. DATE• PROJECT: FORM 1 1% Traffic Volume Analysis Intersection Bristol/Jamboree (Existing Traffic Volumes based on Average Winter/Spring 197_) Approach Eafsting Peak 2y Hour Approved Projected 1% of Projected Project Direction Peek 2h Hour Regional Projects Peak 2y Hour Peak 2h Hour Peek 2h Hour Volume Growth Peak 28 Hour Volume Volume Volume Volume Volume Northbound 4996 12 1440 6448 64 1 Southbound 1 2359 6 334 2699 27 — Eastbound 2778 24 492 3294 33 3 Westbound ® Project Traffic is estimated to be less than 1% of Projected Peak 2; Hour Traffic Volume ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 2)1 Hour Traffic Volumen. Intersection Capacity Utilization (I.C.U.) Analysis is required. DATE: PROJECT: FORM I 22 1% Traffic Volume Analysis Intersection Jamboree/Campus (Existing Traffic Volumes based on Average Winter/Spring 197_) Approach exist[lag Peak 2h Hour Approved Projected 1% of Projected Project 0frcction Peak 2b Hour Regional Projects Peak 2h Hour Peak A Hour Peak 2k Hour volume Growth Peek 21% Hour Volume Volume volume volume volume Northbound 3452 8 1116 4576 46 22 outhbound j 3417 8 538 3963 40 6 eastbound 2042 35 502 2576 26 — estbound 1637 28 98 1763 18 2 ® Project Traffic is estimated to be less than 1% of Projected Peak 2; Hour Traffic Volume ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 2h Hour Traffic Volumen. Intersection Capacity Utilization (I.C.U.) Analysis is required. DATE: PROJECT: FORM j • • -A3 1% Traffic Volume Analysis Intersection J (Existing Traffic Vo umes based on Average Winter/Spring 197_) Approach Existing Peak 2y Hour Approved Projected 1% of Projected Project Direction Peak 2k Hour Regional Projects Peak 21s Hour Peak 24 Hour Peak 24 Hour Volume Growth Peak 2y Hour Voluoe Vol" Volume Volume Vol" Northbound 1681 2 562 2245 22 7 outhbound j 2814 3 300 3117 32 21 Eastbound 2923 7 548 3478 35 — Westbound 3037 7 336 3380 34 ® Project Traffic is estimated to be less than 1% of Projected Peak 2, Hour Traffic Volume ❑ Project Traffic is estimated to be greater than 1% of Projected ,Peak 2k Hour Traffic Volumen. Intersection Capacity Utilization (I.C.U. ) Analysis is required. DATE- PROJECT: FORM I 1% Traffic Volume Analysis Intersection MacArthur/Campus (Existing Traffic Volumes basbd on Average Winter/Spring 197_) Approach Existing Peak 24 Hour Approved Protected 2% of Projected Project Direction Peak 24 Hour Regional Protects Peak 24 Hour Peek 2$Hour Peak 2h Hour Volume Growth Peak 24 Hour Volume Votur Volume Vol une Vol :Northbound 2888 3 1526 4417 44 40 souchbound 129 3 622 3754 37 14 CLastbound 218 1940 19 — estbound 2nn4 qA 376 2414 24 ® Project Traffic is estimated to be less than 1% of Projected Peak 2;g Hour Traffic Volume ❑ Project Traffic is estimated to 'be greater than 1% of Projected Peak 2-11 Hour Traffic Volumen. Intersection Capacity Utilization (I.C.U.) Analysis is required. DATE: PROJECT: FORM I 1% Traffic Volume Analysis Intersection (Existing Traffic Volumes based on Average winter/Spring 197_) Approach Extsting Peak 2k Hour Approved Projected 1% �Hour Project Direction Peak 2h Hour Regional Projects Peak 2h Hour Pee Peak 2h Hour Volume Growth Peak 2y Hour VolVolVol Volume Vol une Northbound 1406 24 232 1 outhbound j 3282 56 354 E EE6220 1730 8004 811 74 ❑ Project Traffic is estimated to be less ,than 1% of Projected Peak 22 Hour Traffic Volume ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 21, Hour Traffic Volumen. Intersection Capacity Utilization_ (I.C.U.) Analysis is required. QATF• PROJECT: FORM I I 2� jhk0. ,vnwa APPENDIX B Intersection Capacity Utilization (ICU) Analysis INTERSECTION CAPACITY UTILIZATION ANALYS Intersection Bristol (N)/Birch (Existing Traffic Volumes Based on verage Inter Spring 19 _ amen[ EXISTING PROPOSED EXIST EXIST REGION& COlMITTED PROJECTED PROJECT PROJECT Lanes Cap Lanes Cap PK HR Y/C GROWTH PROJECT V/C Ratio Yoluaa! Y/C Ratio Vol. Ratio VOL. VOL. w/o Project Vol. NL 1600 36 .02* - 02* - 02* 203 06 - 233 .14 13 .14 NT 3200 _ NR - - - - - - - - - SL 27* - 53 .44* 1 45* ST 3200 285 497 37 _ SR 571 - EL ET - - - - ER 46 31 "WR 6400 1205 . 20 29* 1 36 1 YELLOMTIHE 10 .10 .10 EXISTING INTE'LSECTION CAPACITY UTILITATION .S9 ROVE EXISTING PLUS COIMITTED PLUS REGIONAL 6RONIH N/PROPOSED INP7IEITTS I.C.0 .85 .86 EXISTING PLUS C"ITTED PLUS REGIONAL GROWTH PLUS PROJECT I.L.U. ® Projected plus ,project traffic I.C.U. will be less than or equal to 0.90 n Projected plus project traffic I.C.U. will be greater than 0.90 Projected plus project traffic I.C.U. with systems improvements will be less than or equal to 0.90 Description of system improvement: DATE: -� FORM .II PROJECT: 0 O ATTACHMENT NO. 2 REPORT OF FINDINGS i1AP1F : NATIONAL EDUCATION OFFICE 1 oo.11I 1 LOCATION: Op k irg.b-St aej`iMtWQen M CAr-tbur_Rlvd--and Corinthian Way FINDINGS Phase I Project Traffic is estimated to be less than 1% of Existing Peak 21, Hour Traffic Volume. XX Project Traffic is estimated to be greater than 1% of Existing Peak 21, Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Phase II Existing Plus Project Traffic I.C.U. will be less than or equal FXX to 0.90. EI Existing Plus Project Traffic I.C.U. will be less than or equal l to Existing Conditions I.C.U. Existing Plus Project Traffic I.C.U. will be greater than 0.90. Existing Plus Project Traffic I.C.U. Will be greater than exist- ing I.C.U. that is currently greater than 0.90. Further analysis required to determine applicable mitigation measures. ------------------------------------------------------ ------------------- Phase III Existing Plus Project Traffic I.C.U. with mitigation measure(s) El will be less than or equal to 0.96. ElExisting Plus Project Traffic I.C.U. With mitigation measures(s) will be less than or equal to Existing Conditions T.C.U. REMARKS: /�d Emonston Traffic Engineer • ATTAC&T No . 3 COMMIISSIONERS M TES \�\mm o Pm 9O City of Newport Beach s a . June 7, 1979 p2 2 ROLL CALL INDEX The Public Hearing was opene egarding this item and Ray Pickens , Newport B ch, appeared before the Planning Commission to s to his concurrence with the conditions as set rth in the Staff Report. Motion x Motion was made t the Planning Commission •make Ayes x x x x x the following ndings : Noes x x 1. That Traffic Study on the proposed project ha been prepared in accordance with Chapter . 40 of the Municipal Code and City Policy S-1 , and; 2. That based on that Traffic Study, the proposed project will neither cause nor make worse an unsatisfactory level of traffic service on any 100 "major" , "primary-modified" , or "primary" Ile 100 street. and approve the Traffic Study for a proposed office building containing 19 ,264 sq . ft. _.< . Request to consider a Traffic Study for a proposed Item #11 office building containing 72 ,000 sq. ft. TRAFFIC Location: Lots 8, 9 and 10 of Tract 5169 , loca STUDY ted at 4401 , 4423 and 4443 Birch Street, on the westerly side of Birc APPROVED Street approximately 700 feet nor- therly of Dove Street, near the Orange County Airport. Zone: M-1-A Applicant: National Education Company Owner: Irvine Industrial Company The Public Hearing was opened regarding this item and Bob Craft, Langden & Wilson Architects , appear- ed before the Planning Commission to state his con- currence with the conditions as set forth in the Staff Report. Commissioner Beek expressed his concern regarding the addition of 40 cars at the corner of MacArthur i I I -26- COMMISSIONERS MINUTES ip nO p �� City of Newport Beach s m June 7, 1979 �s p `- o ti Z ROLL CALL INDEX Boulevard and Campus Drive , or less than 1%, where the current traffic is 2,888, or more than 1%. Motion x ' Motion was made that the Planning Commission make Ayes x x x x x the following findings : Noes x 1. That a Traffic Study on the proposed project has been prepared in accordance with Chapter 15.40 of the Municipal Code and City Policy S-1, and; 2. That based on that Traffic Study, the proposed project will neither cause nor make worse an unsatisfactory level of traffic service on any "major" , "primary-modified" , or "primary" street. and approve the Traffic Study for a proposed office building containing 72,000 sq. ft. Request to establish an educational seminar and Item #12 training facility in an existing building iri the M-1-A District. USE PER- Location: Lots 11, 12, 50 and 51, Tract No. MIT NO. 3201, located at 3922 Campus Drive, 1911 on the northeasterly corner of Cam- APPROVED pus Drive and Quail Street, across CONDI- Campus Drive from the Orange County 710NALLY Airport. Zone. M-1-A Applicant. est, an Educational Corporation, New- port Beach Owner: C us Square Trust, Los Angeles The Public Hearing was ned regarding this item and Marcy Remcoff, Applica appeared before the Planning Commission to state r concurrence with the conditions as set forth in Staff Report. Motion x Motion was made that the Planning Co ission make All Ayes the following findings : -27- i INTERSE•ON CAP�AfCITY,1 UTTILIZATI0N ANALYO ATTACHMENT NO . 4 Intersection / lac Hrt ur rvi uS LSTiuG 1"'T���m° Les> (Existing Traffic Volumes Base on Average winter/Spring 97_ - I , Movement EXISTING PROPOSED EXIST EXIST REGIONAL C(FMITTEO PROJECTEO PROJECT PROJECT Lanes Cap Lanes Cap PK MR VIC GROWTH PROJECT V/C Ratio Volume V/C Ratio Yol. Ratio VOL. VOL. w/o Project Vol. NL I 1600 Ill ;01# 5' I)B A0I` - 01 NT 2 3W )DV . 35 a1 731 1741 •59I4' 20 ro0 NR 93 - 1 11 /DL 1 - SL I !bo S"6 L-0 1 73 30 A4 oB ST 7- 3)-D0 16A ),ID W ,yo, 7 Y0 SR 1600 )DI l is 213 ly ly EL ) 6D YD 31S' ,>•o - �o ET a 3iDo 211 ,Il - Gb y8'I 19 - Jl ER 53 3 s� - WL I Moo /00 D - 7 10 01 - TD1 WT 31 D0 B1SWr - 70 895 'IV - ,1$ WR glgl YELLOTIME ) sc EXISTING INTERSECTION CAPACITY UTILIZATION ` 10 EXISTING PLUS CON4ITTED PLUS REGIONAL GROWTH W/PROPOSED IMPROVEMENTS I.C.0 his CIO EXISTING PLUS CON4ITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. Projected plus project traffic I.C.U. will be less than or equal to 0.90 [] Projected plus project traffic I.C.U. will be greater than 0.90 Projected plus project traffic I.C.U. with systems improvements will be less than or equal to 0.90 I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - �� Description of system improvement: /�i,G �{G� r{�Gr a x Plat Ar µr^ o 0 —ov L , - 00 0 0> 3 79 • �.. . ,� aT.o93 ... � •�.� or`�PG 3 X I, oiJ Sd�BI � o �Q�pQ' t4 � DATE: a �— PROJECT: FORM II 114ltK##dull t.AmwII UT AL.ALr%IAUlt nnn •., /fe/ -' Intersection / laL�. AYt�ct✓` / / I,y1oS �Cenc.al P�aq �,+�e„otfro`K! (Existing Traffic Volumes Bas—ed on Average-4!i ter Spring 97_ Xevement EXISTING PROPOSED .EXIST EXIST REGIONAL C"ITTED PROJECTED PROJECT PROJECT Lines Cap Lanes Cap PX HR V/C GROUIH PROJECT •V/C Reno Volune VC Ratio Vol. Ratio VOL. VOL. w/o Protect , Vol. NL I xm III o7 S 06 ,07 ,07 NT 3 YB oo )OVY . 2 �J 73/ 1717 ,Y zo ,3 NR / no0 73 ,05 27 /oL 106 _ 0 sL 1b00 A oy 1 73 130 , b8 — P ST 3 Y800 lo2b )z 22D 1268 ,16 ,17 SR I boo zoi 13q I EL 3200 }85 ET ER 53 - 3 s� 1 00 /00 ,D6 - 7 )off : ,07 — '07 wr DD 615 11 - -?o 895 fie - ws N•S 5y I — lil 165• pp , 53 1371 Si19• t7 YELLOGTIY,E %y1 .lo I EXISTING INTERSECTION cApACIJY UTILIZATION ,8Z ./D EXISTING PLUS CO MITTED PLUS REGIONAL GRONIH H%PROPOSED IKPROVEKWS I.C.0 /,03 IT'D EXISTING PLUS COM 11YED PLUS REGIONAL GRORTH PLUS'PROJECi I.C.U. /,Qy (] Projected plus project traffic I.C.U. will be less than or equal to 0.90 Projected plus project traffic I.C.U. will be greater than 0.90 [] Projected plus project traffic I.C.U. with systems improvements will be less than or equal to 0.90 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Description of system improvement: f�� u }� rheraax /TaeAr��wt^ . OZ- X l , O ;L3 7S-7q p i:- � X l,OlS 160-el DATE: PROJECT: FOR14 11 GENERAL PLAN 78-2 1995 Intersection Capacity Utilization Computations Intersection MRCAZWOK SLVD f CAMPuS DR1VE June 28. 1979 1995 Peak Peak Hour 2-Way Hourly Turn Turn 1995 Movement Lanes Capacity Leg Volume Percentage Volume V/C NL t r60o 9.0 130 o8►z* M 3 e4800 30�o00 85_o t190 2`f79 NR 1 1600 6. 0 80 . 0500 SL 1 1600 q.q 60 . 0375 ST 3 14800 35,000 80.0 1070 . 2229 SR l 1600 15-7 21 0 . 13 1 Z EL 2 3200 37.5' 350 107`/"' ET Z2yOOD 55.5 52-0 ER 7.0 7 O WL 1 t32-00 80 , OS00 Wr 2 1y, 000 84.3 6qO . 2000WR 5. S.S 20 Yellow Time 0.1000 Intersection -Capacity Utilization ICU ICU is sum of critical movements, denoted by asterisk (*) N=Northbound, S=Southbound, E=Eastbound, W=Westbound, L=Left, T=Through, R=Right t • • ATTACHMENT NO. 5 -64 ,,r4x ,, XMIONAL EDUMFION `q 7d31N1LRNAIIONALIRAINING(,ORI'012ATION R a /11111,01 STREET • NEWPO PT BEACH.CA 92660 `q,•- (114)546.7360 GROWING WITH NEWPORT,BEACH America's largest publicly held voational education company has been headquarterd in Newport Beach for almost 15 years. In 1964, when National Education had outgrown its facilities in Hollywood, it surveyed several areas in which to build its first corporate headquarters building. The fledging company had entered a period of rapid growth. It r , projected continued expansion on a long-range basis and selected Newport Beach because of the availability of land on which expanded facilities could some- - day be built. Late in 1964, the final choice was made. Four long-term leaseholds were acquired. One of the first buildings on Birch Street was built on two of these leaseholds to house National Education and its major subsidiaries. In 1965 a 25,000 square foot headquarters building was completed at 4401 Birch Street. It served the growing company well until 1969, when once again the company required additional space. By this time, we operated three rapidly growing subisidaires, had more than 100 employes and had made long-range plans for continued growth. A new 13,764 square foot building was built on the third leasehold at 4361 Birch Street next door to the original headquarters building. Both buildings are now occupied by National Education. ill "SERVING OVER 100.000 CAREER STUDENIS WORLDWIDE" 0 • —2— During the past ten years, our growth has rapidly continued and by 1976 our company had doubled in size. This was a result of the rapid growth of uur Brymsn Medical and Dental Assistants Schools and our Sawyer Secretarial Schools. We were forced to lease an additional 15,556 square feet of space in Costa Mesa to house the headquarters staff of these entities because of the lack of space in our building. This arrangement has never been satisfactory and will change when we build our next corporate headquarters. Today, National Education once again faces the problem of serious shortage of space which will certainly worsen. From 60 employes in Newport Beach in 1969 we have grown to over 225. Our revenues have increased over 700 percent. We are committed to an internal expansion program of 15 percent annually. In addition, we have an ambitious growth program under way. Our corporate headquarters is today literally bursting at the seams. If steps are not taken now, what is now simply a problem, will soon grow into a crisis. We have grown up in Newport Beach, and we believe we have helped bring to our hometown the national recognition it now enjoys. •Our subsidiaries operate nationally accredited schools in 28 cities across the nation, employing over 1,400 people and annually enrolling in excess of 100,000 students. Our schools are eligible for federal loans and grants. National Education has 1 become a major factor in the post secondary career education system of America. i We believe we serve society and our community well. We do so in a dual capacity helping ambitious students in acquiring marketable skills in occupations they prefer and furnishing American industry with badly needed technicians, secretaries and mechanics. Frequently, we can make taxpayers out of those who have been welfare recipients. I F41 Ours has often been referred to as the "schools of second chance", offvring educational alLernatives not available in tax supported institutions. For 15 years we have been helping people build new lives. We think ours is the kind of company Newport Beach can well be proud of and should encourage to remain and grow in our city. We have always had a policy of encouraging our executives to become involved personally in our community. Mr. John J. McNaughton, our Board Chairman, has served on the Board of Hoag Hospital for five years, Orange County Boy Scouts Florence Crittendon Home and is now becoming involved in the Easter Seal program. David Bright, President of the company, is very youth oriented and is involved in various youth programs such as Corona dei Mar High School Touchdow4 Club, eta. ,-Dr. Eugene.Auerbach, our.. ._ ' Director of Education, is on the State of California Commission of Vocational Education. He is a frequent guest lecturer at dniversity of California, Irvine; various other local schools and service clubs. I could go on, infinetum, about our people but in consideration of this commissions' time, I feel this is sufficient to show serious community involvement of the company and its people. COY OF NEWPORT BACH COUNCILMEN MINUTES G� V� F� N ROLL CALL �u' June 25 1979 INDEX Motion x 5. A report from the Parks, Beaches and Recreation Senior All Ayes Director regarding the OASIS Center was received Citizen and ordered filed, with the understanding that Facility Councilman Hart would report back further on the (2784) OASIS Center after meeting with the Friends of OASIS. J. ADDITIONAL BUSINESS: Motion x 1. Council review of the traffic stuff for the National Cncl Right Ayes x x x x Education Organization at 4401, 4423, 4443'Birch of Review w Noes x x Street as set for public hearing own July 23, 1979. Nat'l Ed Organization Motion x 2. The proposed development standards for old Corona (3295) All Ayes del Mar were referred to the Planning Commission for preparation of changes to the appropriate cod s CdM Dev Stds and return for appropriate action as promp as (3296) possible. Motion x The staff was directed to bring back July 10 for Ayes x x x x x consideration an emergency ordin ce that would Noes x prevent issuance of building per is for new units in old Corona del Mar until he problem of new standards is resolved. Motion x 3. Councilman Hummel ade a motion to set a public Ayes x x x hearing for July 1979 for Council review of Use Noes x x x Permit No. l90 , the establishment of a restaurant facility wit on-sale alcoholic beverages in the former B z Mortuary facility at 3520 East Coast former in Corona del Mar, which motion failed. 4. J es Curran of Huntington Beach was told that his complaint regarding police procedure would be handled by regular procedures in that department. 5. John McLaughlin, representing Meridan Construction Company, contractors for Dr. and Mrs. Leon Brooks at 1628 W. Ocean Front asked how Ordinance No. 1804 applied to their operation at that location, and was told to consult with the staff. There being no further business to come before the Council the Mayor adjourned the meeting at 11:15 p.m. to 7:00 p.m. on July 10, 1979. The meeting was adjourned in honor of City Attorney Dennis O'Neil since this was his last Council meeting before leaving the City. Volume 33 - Page 187 i I * Y OF NEWPORT BACH COUNCILMEN MINUTES i U. min ROLL CALL �s'� June 25. 1979 INDEX BA-066, $109000.00 increase in Budget Appropriations for retention of consultant to oppose oil lease sale, from Unappropriated Surplus to Nondepartmental, Services-Professional, Technical, etc., General Fund. I. ITEMS REMOVED FROM THE CONSENT CALENDAR: Motion x . 1. A letter from Dolores Jeans-Valencia regarding .the All Ayes City's need to recognize the tract known as "Anniversary Estates" as part of Newport Beach and offering suggestions regarding noise and excise taxes was referred to staff for report back at the next (600) meeting. Motion x 2. A letter from Irene Hardage regarding the All Ayes landscaping along Newport Boulevard and Jamboree oad was referred to staff for reply. (600) 3. A report was presented from the Community Off-site Dev lopment Department regarding the request of Parking Mant Brady Enterprises, Inc. dba La Strada, for an La Strada off-sit parking agreement in conjunction with the (3282) establis ent of a restaurant facility with on-sale alcoholic everages in the former Baltz Mortuary facility ( e Permit 1908), located at 3520 East Coast High ay, on the northeasterly side of East Coast High y, between Narcissus Avenue and Orchid Avenue in Corona del Mar. Motion x Councilman Hum el made a motion to defer to July 23 a proposed esolution authorizing the Mayor and City Clerk to .execute an Off—site Parking Agreement between the City and Manto, Brady Enterprises, Inc., dba aStrada, in connection with Use Permit No. 1908. Lois Jeffrey of the law f m of Alexander Bowie addressed the Council and sked that action be taken on the parking agreemen . Lee Muir, architect, addressed th Council regarding proposed landscaping. Ayes x x x x A vote was taken on Councilman Hu mel's motion, Noes x x which motion carried. 4. A report was presented from the Tra sportation PCHwy/ Plan Citizens Advisory Committee regardi Corona Orchid del Mar Chamber of Commerce requests. Traffic Sig (3294) Motion x The staff was directed to implement the r tom- prkg All Ayes mendations of the Transportation Plan CitiS�ens prohibitions Advisory Committee with the understanding that e\e , (440F) installation of the traffic signal is going to requi the coordination and approval of Caltrans. Volume 33 - Page 186 i I r w • • CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER June 26, 1979 TO: COMMUNITY DEVELOPMENT DIRECTOR FROM: City Manager SUBJECT: COUNCIL HEARING On July 23rd the Council will conduct a hearing on Item No. 11 of the June 7th Planning Commission Agenda. Please prepare the necessary reports for this subject hearing. ROBERT L. WYNN s+ RECEIV"o CG;r.:..... rty 9 Devak po;an t Drat. JUN2 71979>- i0 CITY OF 4'i NEWPO BEACH, 1 1 &)(-.. 0 Item #9 , Continued ZONE : M-1-A APPLICANT : Hughes Aircraft Company , Newport Beach ACTION: Approved Conditionally - 6 Ayes, Cokas stepped down. Item #10 SUBJECT: Request to consider a Traffic Study for a proposed office building containing 19 ,264 s . ft. tPublic Hearing LOCATION : Parcel 2 of Parcel Map 104/37 , located at 3701 Birch Street, at the most northerly corner of Birch Street and Bristol Street North , near the Orange County Airport. ZONE: M-1-A APPLICANT: The 3701 Birch Company OWNER: Irvine Industrial Complex ACTION: Approved Conditionally - 6 Ayes, 2 Noes Item #11 SUBJECT: Re nest to consider a Traffic Stud fora proposed office ' building containing 72 ,000 sq , ft. Public Hearing LOCATION: Lots 8, 9 and 10 of Tract 5169 , located at 4401 , 4423 and 4443 Birch Street, on the westerly side-of Birch Street approximately 700 feet northerly of Dove Street, near the Orange County Airport. ZONE: M-1-A APPLICANT: National Education Company OWNER : Irvine Industrial Complex ACTION: Approved Conditionally - 5 Ayes, 2 Noes Item #12 SUBJECT: Use Permit No . 1911 (Public Hearing ) Request to establish an educational seminar and training facility in an existing building in the M-1-A District. 1 ATTACHMENT NO. 1• Jhk & associates James H. Kell, president May 9 , 1979 i' ' h1AY i 19790- _ Mr. Fred Talarico �t'r _ cH, IQ Environmental Coordinator NErirc �� • Community Development Department City of Newport Beach -1 '\ 3300 Newport Blvd. Newport Beach, Calif. 92663 Our File: #6881 Dear Mr. Talarico: This letter-type report describes the findings of our traffic analysis of the proposed National Education office development lo- cated between Campus Drive, Birch Street, Dove Street and Mac Arthur Boulevard in the City of Newport Beach. The subjects discussed in this report are as follows: Site Location Project Description 0 Critical Intersecttion Locations • Trip Generation Trip Distribution Trip Assignment 0 Critical Intersection Impact Analysis Intersection Capacity Utilization (ICU) Analysis 0 Conclusions Site Location The proposed project is located on Birch Street, and bound by Campus Drive, Mac Arthur Blvd. , and Dove Street in the City of New- port Beach (Figure 1) . The site is surrounded primarily by office and similar type developments. 1617 East 17th Street, Suite 20 0 Santa Ana, California 92701 0 (714) 973-0455 TO: Planning Commission - 3 ested Action If sired, approve the Traffic St dy with the following findi s : 1. t a Traffic Study on the p oposed project has been p pa d in accordance with Chap er 15.40 of the Municipa Code and ity Policy S-1 , and; 2. That b ed on that Traffic St dy, the proposed pro ' ct will neither ause nor make worse n unsatisfactory le el of traf- fic serve a on any "major" , " 'rimary-modified" , r "primary street. DEPARTMENT OF COM NITY DEVELOPMEN R. V . HOGAN, DIREC By ed Ta arico Environmental Coordina r FT/gg Attachments : Traffic Study dat y 9 , 1979 Report of Findings , om City Tarffic Engineer GUI " f I _ awD A ......." we :vivo ;I ct::::. rA �,� I•• : '^`^sh .',ia E - _ :.r.w��•�p�` :p',.» ' ..... M Jr 4 • yJ wni• Ni 'biz `k : a r• Arr �' vn QC � O AV " •` ,�k ''• I ',UII� I14 I _ AV II _ , •y wo ,o r'Wx1UrUJ ._ a Al V. l` I . 'Y A Q/� q�• � unnn wumA4 � •` / . ` 'µ i y9G, xvrAM ^•� d SAN DIE�O ` wr SAN DIEGO e, + y u,lx. R r' OlvvRt♦ n.rU n- I • 'St A �n A.a /,, 1.I`5a a 1'�r � " �:�,r '` , + ; I `•, I p(��or Y b : i nuuiq d2 Av mvAulAP'in'o ay.. . e o d f •�K a bP I ./ ' I )' ,� Iwen fe I �, y� S F F � O� �2 T I�•.•I•p �Fi i � a°quvt+v �_.I _ —.^ I --- qer a • q • I n� O I C ,� I 6p; n5 ? 3 °4 SITE LOCATION j rlrprwMl A N 4yr Qy Jam• n e I I ' LLfc Ir RIV Uppor ox •:w"•' :..� '� Phi' .� rr°o I r• � I I;l' I '(A •�l V r l • � ! e C..J:4' q O 1 4 s �::�..a:;. .IOC b1r z<�;. , l�,d• fOr '�"`%Y �d< .� I /o ; 'I �;• a ytR. 3• ���[n.� ,�!'"�• $° P �" . L °` �''+ 'f 1�' `` y�< ��Gi:.rrM ��� /, 4r�,r cre�.0 .r') 't' ap v T 4<7. �� J•' J`•r 9 tS + �', ltitiu'srnA / '�:i�''i{r :r",��5.4'.r"n`tl' j ` 7i :'::•t'� m r I�i SS :'`,,: t,`C ' �'•,' I e r' uNrv[n5m I... (� lt� ---- -- p 4 a.^' r "r':iv .ua.. I ' / 1'� I■ unn rr arise 4 Fr4 p.��" "..,°`ro«in /.rtti � � � ' ' / •\e nu �r, e P rr i.rumw ':rr !�`•ri t q 1 ¢ ////// \ , v. f •,�v°�° ,rwa, �• ... .. t'�7..,y.�. / met. , y� r;eG� .won •,.• v:n•a , ••`� •y.� aR �/ unrunr• uurum 6 fE;(j• a ,9 W'�1' -r-->r ----I- 1''f / 'Y L +----. `, � 'K.�a4 J•�` Still r,.i'4`7. G R I IRVI a -- .,+..'.^..• . -- Figure 1 SITE LOCATION aV, ' 6 I r:i .?!_�;•'rye. b � V ` .t•' nuu QY S.(II associates jhk a 2 Project Description The proposed development under study is for a six story office building with 72,000 square feet of gross floor area (Figure 2) . This building will replace two existing office buildings totaling 24,700 square feet. All required parking will be accommodated in a structure of some sort on the same site as the building. Primary access to the Site will be via Birch Street. Birch Street leads to Bristol Street and North Bristol Street, a major east-west one-way couplet. Access is also available to MacArthur Blvd. and Jamboree Blvd. These are major north-south arterials that provide access south to Pacific Coast Highway and north to the San Diego Freeway, approximately 13� miles. Critical Intersection Identification The proposed office development is located in Critical Inter- section Identification Area 1 as identified by the City of Newport Beach. Required in the traffic phasing ordinance, any project to be developed in Area 1 must have as many as twelve intersections ana- lyzed to determine whether the proposed development will have a nega- tive traffic impact on the corresponding intersections. in discussions with the Traffic Engineering Division of Public Works, nine intersections were selected for this analysis. The cri- tical intersections identified are presented in Figure 3. Trip Generation As previously discussed, the proposed office building is to replace two existing office buildings. In discussions with the Traffic Engineering Division of Public Works, it was decided that for this project, the traffic impact analysis would focus on the additional traffic the development will generate compared to the existing structures to be demolished. GA&1l✓US d �(lGNl1�' - b I 1 I I I I I I � ' � I I I • I � i 71 I fow k I've, 96/O i ( �5' /38' BB5• I Figure 2 SITE DESIGN jhk & ps�,tC, fNUP " E 1 atvC Ii YtGR,�IP 9�A ,tit e j`•YY� r�:e�^.'»;I *v; \I ~d , `' 1. tr t• •• ���t uu PStlt�rr 1 • r!—•— _ €— �- �' . trot AL [1td.�t a ` loY� XI 981 .pi... .d rt . '_.. • qpJ t !� 4 O • rdk•'r,Y�r k. fINU RY� .ep LYIlOr111 �AY I Y� CT1 � '• •�, ' u,u YroCos Ynrm SAN DIE�O SAt DIEGO EllYYM„ENO rr,tm - —Jr DA a —'l thrt a i { •0a.p C _ _ ^ I --- y Ga IL eft s �� e 1 41 46 a I •r Y,SSW r � a 0 "< • K . t . • A � � 0 pp I alrhauridt ••� ., aAA� ,�4 "i • r �� �C ,n �1 1 • i Rn k- 10 he dl,yt`t. �`h`•.�i �m.•u rp, ��a �``C.�`rt�,� �, I,� � f v,C}�tY J!,_ \�,8 F/ \^Wr ,y � �� h� h. tY.If �v / Yt�tywM �•.i: m 1r'4�af \ T, ,\:•. „ •YC 1`' ♦`^'� \'�. H ry4':"' r/ �Zy'r ril' J •• a a.u„r'lu f ♦�. do `: v rate • 1 i r /',�� 'v�\� .untun ti� 1� wfu� u11 It u hi,;].'•+t`t.? a.rn ..f�''',^tt. J 1 / ,n, �If, pa.JJ !ki d•• neLL:'• (,fit• .,,e'j r r�..t.�. ' / 1 / /• ' on... tr� � � �O'4• niiu !'Zu :� L`q..� L' ' 1 ^•qr r rya ' `4(,• •� � M.Irn '•� a4.• t J t � 1 UIIIUOf I <ll/I1tII •6 ^t; 'IRVINE °BEACHlit \ . 1'a' t f.h � ss •rw• \Y • 4 g «v "a.t. e i �'!'%'C• a I ffl !R• `` „a •r" --1 i_ h _' �? -- Figure 3 NEWPORT BEACH CRITICAL INTERSECTION IDENTIFICATION 1 • ! 'hk 0. nwnnn 3 Average Daily Traffic (ADT) and PM Peak 2h Hour and PM Peak 1 Hour Traffic Volume Trip Generation Rates for office development were supplied by the City of Newport Beach Traffic Engineering Division of Public Works. Generation rates along with the net trips genera-, ted from this proposed development are presented in Table 1. Trip Distribution Trip distribution to/from the study area was provided by the City. Their source for the distribution was based on a trip distri- bution study for the Emkay Development located easterly of the pro- posed development. The trip distribution percentage used in this analysis are presented in Figure 4. Trip Assignment The trip assignment in this analysis is based upon the trip generation and trip distribution previously presented. In this assignment process, the traffic to/from the proposed site is via Birch Street. Traffic to/from the surrounding streets were propor- tionately assigned to the trip distribution cordon locations. The trip assignment from this analysis is presented in Figure 5. Critical Intersection Impact Analysis Critical intersection impact, as defined in the Newport Beach Traffic Phasing Ordinance, is determined if the project will gene- rate, one* year after the project completion date (1981) , more than one percent of the projected PM peak 2k hour volume on any leg of the critical intersections. The projected P14 peak 2k hour volume is the summation of the existing peak 2h hour volume, the peak 2k- hour regional growth volume and Newport Beach approved projects peak 2k hour volumes. If the traffic generated is more than one percent of the projected peak 2'k hour traffic volumes, then an Intersection Capacity Utilization (ICU) analysis is re- quired. The City of Newport Beach has provided the 18 Traffic Volume calculation forms. These were filled in using the trip assign- ment volumes previously presented. The forms are presented in Appendix A. ' ;r jhkd ,,�„n \� TABLE 1 TRIP GENERATION Existing To Net Proposed Be Demolished Change Gross Square Foot of Floor Area Office 72,000 24,700 44,800 Average Daily Traffic Office: 13 TE/1000 sq. ft. GFA1 936 321 615 Inbound PM Peak 2� Hour Traffic Volumes Office: 1.2 TE/1000 sq. ft. GFA1 86 30 56 Outbound PM Peak 231 Hour Traffic Volumes Office: 3.4 TE/1000 sq. ft. GFAl 244 84 160 Inbound PM Peak 1 Hour Traffic Volumes Office: .6 TE/1000 sq. ft. GFAl 43 15 28 Outbound PM Peak 1 Hour Traffic Volumes Office: 1.7 TE/1000 sq. ft. GFA1 122 42 80 1 Trip Generation Rates from City of Newport Beach, Traffic Engineering Division of Public Works. , , r i p Y..t 91�'I� P d ;•i �I b Gun � ELVO {KAunux w .� 6 •"xlw �:�7L.. ± ` t-y. I p� I ��. --l+.—u�yyyf .4,' --- _ �--_-=�%�r's;� o .. "�-�."�.•S:i'`e� b y --^ .�'�, "• d--- — l°rli• NI �Ix i.u. •-•' . QC4 � �� I �O ;`�I O C ���^Y•I.♦Y 3,'IVX�x - IY • nVrtn•i I - -'U r a ,�/y N . ro° �wxrlmuJ __ �^Ar p � I • + �'4 COST}4 Y f I S I I 4t ' ri1 Sir +y�i � rw '3I I • :`.�° ,.3.= • ..rw uw µ' I � ylr rYrl ,.I .! 'I r.nrrrr umul / 1 r � J' SAN DIEdo x '1 SAN DIEGO I 4 � aruolc Y� ® rrs c li'^ .ca•R Asa Y _ . . —i r43yy 4; • I• R M iM Y•O Y E e, J ` � yp �• +� �p °f � �. 1.,•W a �� � ^ N"IM•JJ Ya• r i / I • I r f Y 1111LIlllq FO[ fY � C® m VAUL,WIHO ,a I , d i / i • --- 5 tit; °ii, •' IZa'r. vY,{yt`y p� ry1�y' fK 1 e A � 1V fll•'�n � 0 � I SI 25% [ q �• i F±, .resin t,mmr ! t/o d ♦ n • C I '.IYIII MY• .t .�.' V4 AlrpravnEt .f`�• 4 9 4 rC I r� 4 Q I �� II I�i o�fi�'•";'i� - •Y6�`�Ss.r .O ..°r1 K' I I fv,i. °' .! Q•'9YhY•in pd t d� � .:":1' �' OF " Fs'•,.'jir 0" •''b 'tom.. ♦ l�}1• a ,,,•Y':� �C .a �+r,. '�.p I ,.�, ! irY 's c Y ✓ U xxn Q~ /p a �t M1 pp�^•� �Q'\ A \'• . L � �•4 d ��• `` b• �� WYNI I �'� Yr,inr,�.}n� ...t t ��`,+°♦� i .t 13% 2% — r..uYrrtnsm ! 11�.T"F r. wuuoa // P Vt h .'eS vwln yRPr I 1, '� UIIU YPY° IRVINE yfl't1.n4o�. ' ,v • + 6C\r,. 2 I ^ I/11 <<�p .mirin P'15•,C'� �' r`v J� P"�`:V.,. Y nwp ;r.;, J /�'.rt / ( npOulr fulnm OIIt II �54 J•tyor 13E,A C ' ° ° u • nD H O Q- e .gyp •r Ir lx v"• E s e" E • —� ---- "=-v '0"0 — Figure 4 TRIP DISTRIHIITION ������++yy .• — — � ,..,.a.. — •• fiY•r 1 PIy14 • l`"WIi .lr 3•{,'Y..` .hY of%Iff'V tA'• ♦ r•v°• ♦ � ran "'^ f:4A••.}:'`':';iii ' 3 1 of `:d cr I + `• '�,?� j hk assa:iates 7� 6 1 814 16 6 40 j 2 -*-2 14 CAMPUS DR. 6 6 40 8 $14� � 2.2—" BIRCH ST. � , \,;3 25 2 /y j 10 72_1 *1 pp 88- l 31 a W 77 � � DO g iLL4 0 t �y�4 q w 27 4 11 U 11� H U 21 c QUAIL � d,• 7'9 8L� 74 3 � 74 1 NORTH BRISTOL ST. 74j � L 2 7� 1 3L 26 BRISTOL ST. 3�• 26 .26 26 1 3� 1 • Figure 5 TRIP ASSIGNMENT (Peak 23� Hour Period) jhk a ussociutes ;hk & 4 In analyzing the nine critical intersections within proximity of the study site, only one intersection was estimated to have pro- ject traffic greater than 1% of the projected peak 2k hour volumes. This intersection is Bristol Street North at Birch Street. Inter- section Capacity Utilization (ICU) Analysis is required at this intersection. Intersection Capacity Utiliza't'ion '('ICU) Analysis Intersection Capacity Utilization (ICU) calculation ;was made for projected traffic volumes (summation of existing peak hour volumes, regional growth volumes, and committed project volumes) and projected traffic volumes plus project traffic volumes. The ' ICU calculations were conducted for the existing intersection geo- metrics at Bristol Street North and Birch Street. The calculations are contained in Appendix B. The ICU calculations at this intersection determined that projected plus project traffic ICU will be less than 0.90 and further analysis is not required for identification of mitigating measures. Conclusions Nine critical intersections within proximity of the study site were selected by the City for 1% Pit Peak Hour Traffic Volume Analy- sis. one of these intersections was estimated to, have project traffic ,greater than 1% of the projected PM Peak 2'h Hour Traffic Volumes. This intersection is Bristol Street North at Birch Street. Intersection Capacity Utilization (ICU) analysis was therefore required for this intersection. Intersection Capacity Utilization analysis for this inter- section used the project P14 Peak 1 Hour Volumes. The calculation determined that projected plus project traffic ICU will be less than 0. 90 and further analysis is not required for identification ANIL Ask ,a x ul ' CAMPUS DR. F BIRCH ST. a . W DOVE O a H in N . N U p° a �+ H U QUAIL 37 L 1 NORTH BRISTOL ST. '3 BRISTOL ST. PM Peak 1 Hour Traffic Volumes . Intersections with I%P.M. � Peak 2h Hour Traffic Volumes (Requires ICU Analysis) O Figure 6 INERTSECTION WITH 1% Intersections with less P.M.PEAK 2� HOUR than 1% P .M. Peak 2� Hour TRAFFIC VOLUMES Traffic Volumes hk 6: :1SS0(:I:IEGS I • jhk & s of mitigating measures. Res ctfully submitted, aeV- Ray A. Moe Transportation Engineer PMI:rh 1(� APPENDIX A 1% Traffic Volume Analysis 1% Traffic Volume Analysis Intersection Bristol (N)/Bir,ch (Existing Traffic Volumes based on Average Winter/Spring 197_) Approach Existing Peak 2h Hour Approved Projected 1% of Projected Project , Direction Peak 2h Hour Regional Projects Peak 2h'Hour Peek 2h Hour Peak 2h Hour Volume Growth Peak 2h Hour Volune Volume Volume Volume Volume _ Northbound 552 _ 466 1018 10 26 1 outhbound � 2120 100 3220 32 77 Eastbound estbound 3053 27 1164 4244 42 1 Project Traffic is estimated to be less than 1% of Projected ' Peak 2z Hour Traffic Volume Q- Project Traffic is estimated to be greater than 1% of Projected Peak 2h Hour Traffic Volumen. Intersection Capacity Utilization (I.C.U. ) Analysis is required. i DATE: PROJECT: FORM I 1% Traffic Volume Analysis Intersection Bristol (N)/Jamboree (Existing Traffic Volumes based on Average inter Spring 197_) Approach Existing Peak 2sy Hour Approved Projected IS of Projected Project Nrectlon Peak 2k Hour Regional Projects Peak 2y'Hour Peak 2y Hour Peak n Hour Volume Growth 'peak 24 Hour Volume Vol Mae Volume Vol une Volume northbound 5153 13 1774 6940 69 1 outhbound 2811 7 348 3166 32 Es bound — — '�bound 1162 11 240 1413 14 0 Project Traffic is estimated to be less than 1% of Projected Peak 2h Hour Traffic Volume ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 2h Hour Traffic Volumen. Intersection Capacity Utilization (I.C.U.) Analysis is required. DATE, PROJECT: FORM I Iq 1% Traffic Volume Analysis Intersection Bristol/Campus (Existing Traffic Volumes based on Average Winter/Spring 197 ) Approacb Existing Peak 2h Hour Approved Projected 1% of Projected Project Direction Peak 2h Hour Regional Projects Peak 24 Hour Peak 24 Hour Peak 2h Hour Volume Growth Peak 24 Hour Volume Volume Volume Volume Vol une Northbound 1606 27 310 1943 19 snuthbodnd j 3164 54 136 3354 34 Eastbound 3027 26 896 Westbound — ® Project Traffic is estimated to be less than 1% of Projected ' Peak 2z Hour Traffic Volume ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 21� Hour Traffic Volumen. Intersection Capacity Utilization (I.C.U. ) Analysis is required. DATE: PROJECT: FORM X 1 1% Traffic Volume Analysis Intersection Bristol/Birch (Existing Traffic Volumes based on Average inter Spring 197 ) Approach Existing Peak 2y Hour Approved Projected if of Projected Project Direction Peak 2y Hour Regional Protects Peak 2h Hour 'Peak 2's lour Peak 2N Hour Volume Growth Peak 2q Hour Volume volume Volume Volume Volume Northbound 223 — 84 307 3 authbound 943 184 127 3 Eastbound 2656 23 592 26 Westbound ❑ Project Traffic is estimated to be less than 1% of Projected Peak 2h Hour Traffic Volume ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 2h Hour Traffic Volumen. Intersection Capacity Utilization . (I.C.U.) Analysis is required. DATE: PROJECT: FORM I 1% Traffic Volume Analysis Intersection Bristol/Jamboree (Existing Traffic Volumes based on. Average Winter/Spring 197_) Approach ExlSting Peak 21, Hour Approved Projected 1% of Projected Project Direction Peak 24 Hour Regional Projects Peak 2$ Hour Peak 2y Hour Peak 24 Hour Volume Growth Peak 2h Hour volume Volume Volume volume Volume Northbound 4996 12 1440 6448 64 1 sodthbound 2359 6 334 2699 27 — Eastbound 2778 24 492 3294 33 3 Westbound ® Project Traffic is estimated to be less than 1% of Projected Peak 22 Hour Traffic Volume ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 22 Hour Traffic Volumen. Intersection Capacity Utilization (I.C.U.) Analysis is required. DATE: PROJECT: FORM I 1% Traffic Volume Analysis Intersection aamboree/Campus (Existing Traffic Volumes based on Average Winter/5pr ng 197_) Approach Existing Peak 2h Hour Approved Projected 1% of Projected Project Direction Peak 2h Hour Regional Projects Peak 24 Hour Peak 2h Hour Peak Zh Hour, volume Growth Peak 21% Hour Volume Volume Volume Volume Volume Northbound 3452 8 1116 4576 46 22 outhbound 3417 8 538 3963 40 6 Eastbound 2042 35 502 E2576 26 ' estbound 1637 28 98 1763 18 2 ® Project Traffic is estimated to be- less than 1% of Projected Peak 2; Hour Traffic Volume ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 2h Hour Traffic Volumen. Intersection Capacity Utilization (I.C.U.) Analysis is required. DATE: PROJECT: FORM I 1% Traffic Volume Analysis Intersection Jamboree/MacArthur (Existing Traffic Volumes based on Average Winter/Spring 197_) Approach Existing Peak 211 Hour Approved Projected 1X of Projected Project Direction Peak 2h Nour Regional Projects Peak 2y Hour, Peak 2y Hour Peak 2h Hour Volume Growth 'Peak 24 Hour Volt" Volume Volume Volume Volt" Northbound 1681 2 562 2245 22 7 outhbound 2814 3 300 3117 32 21 Eastbound 2923 1 7 548 3478 35 — Westbound 3037 7 1 336 3380 34 — ® Project Traffic is estimated to be less than 1% of Projected ' Peak 22 Hour Traffic Volume ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 2k Hour Traffic Volumen. Intersection Zapacity Utilization (I.C.U.) Analysis is required. DATE: PROJECT: FORM I VIA 1% Traffic Volume Analysis Intersection MacArthur/Campus (Existing Traffic Volumes based on verage winter/Spring 197_) Approach Existing Peak 21,Hour Approved Protected 11 of Protected Project Direction Peak 2h Hour Regional Protects Peak 2h Hour Peak 24 Hour Peak 2%Hour Yoluar Growth Pak Z4 Hour Yoluae Volute Volume! Yolune Yolune Northbound 2888 3 1526 4417 44 40 southbound 3 29 3 622 3754 37 14 aztbound1693 2.9 21.8 1940 19 — estbound 376 2414 24 — Project Traffic is estimated to be less than 1% of Projected ' Peak 2;j Hour Traffic Volume — ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 211 Hour Traffic Volumen. Intersection Capacity Utilization (I.C.U.) Analysis is required. DATE: PROJECT: FORM I 1% Traffic Volume Analysis Intersection (Existing Traffic Volumes based on Averag inter/Spring 197_) Approach Existing Peak 2y Hour Approved Projected 1% of Projected Project Direction Peak 2h Hour Regional Projects Peak 2y Hour Peak 2y Hour Peak 2)1 Hour Volume Growth Peak 2h Hour Volume Volume Volume Volume Volume Northbound 1406 24 232 16 outhbound j 3282 56 354 Eastbound — estbound 6220 1 54 1730 8004 74 ❑ Project Traffic is estimated to be less than 1% of Projected Peak 22 Hour Traffic Volume ❑ Project Traffic is estimated to be greater than. 1% of Projected Peak 2, Hour Traffic Volumen. Intersection Capacity Utilization. (I.C.U.) Analysis is required. DATE PROJECT: FORM I ihk APPENDIX B Intersection Capacity Utilization (ICU) Analysis INTERSOION CAPACITY UTILIZATION ANAL 2� Intersection Bristol (N) /Birch (Existing Traffic Volumes Based on Average inter Spring 19 _ Movement EXISTING PROPOSED EXIST EXIST REGIONAL COMMITTED PROJECTED PROJECT PROJECT Lanes Cep Lanes Cap PKo1R Ratio GROWTH PROJ VOL.E� w/o Project Y/C Ratio Volume Y/C Ratio Vol. NL 1600 36 .02* - .02* - ..02* NT 3200 203 06 - 233 .14 13 .14 NR - - - - - - - - SL - - - - - - - - - 57 3200 285 27* - 53 . 44* 1 .45* SR 571 - 497 37 - EL - - - - - - ET ER - - - - - - WL 46 - 31 - WT 6400 1205 . 20 11 . 29* - •29* WR 36 YELLOWTIME . 10 ,10 .10 EXISTING INTERSECTION CAPACITY UTILIZATION . 5 9 EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH W/PROPOSED IMPROVEMENTS I.C.0 . H 5 ESTING XI PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. .86 ® Projected plus project traffic I.C.U. will be less than or equal to 0.90 Projected plus project traffic I.C.U. will be greater than 0.90 Projected plus project traffic I.C.U. with systems improvements will be less than or equal to 0.90 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Description of system improvement: DATE: PROJECT: FORM II I_ 2� • ATTACHMENT NO . 2 REPORT OF FINDINGS PROJECT NAME: NATIONAL EDUCATION OFFICE PROJECT LOCATION: On Birch St et; between MacArtbur—Blyd_ and Corinthian Way . FINDINGS Phase I .E] Project Traffic is estimated to be less than 1% of Existing Peak 2. Hour Traffic Volume. XX , Project Traffic is, estimated to be greater than 1% of Existing Peak 2�, Hour Traffic Volume. Intersection Capacity Utilization (I,.C.U.) Analysis is required. ------------------------------------------------------ ------------------------------------- Phase II Existing Plus Project Traffic I-C.U,- will be less than ,or equal XX to10.90. E 'Existing Plus Project Traffic I.C.U. will be less than �or equal to Existing Conditions I.,C..U. ED Existing Plus Project Traffic 'I.C:U. will be greater than -0:90. ElExisting Plus 'Project Traffic I.C.U. will be ,greater than exist- ing I.C.U. that is currently greater than 0.90. ,Further analysis required to determine applicable mitigation measures. ---------------------------------- Phase III ❑ Existing Plus 'Project Traffic I.,C:U.. with mitigation measures) will be less than or equal to 0.90. n Existing Plus ,Project Traffic IX-U.- with mitigation measures(s) J will ,be less than or equal to .Existing ',Conditions I.Z.U. REMARKS: Richard E Traffic Engineer • ATTAC41NT No . 3 COMMISSIONERS MI TEt7 S vim mFm a�Tp� City of Newport Beach O C9 June 7 , 1979 0 2 2 ROLL CALL INDEX The Public Hearing was opene egarding this item and Ray Pickens , Newport B ch , appeared before the Planning Commission to s, to his concurrence with - the conditions as set�f'orth in the Staff Report. Motion x Motion was made that the Planning Commission make Ayes x x x x x the followin Fn dings : Noes x x 1. That Traffic Study on the proposed project ha been prepared in accordance with Chapter r2. 1'5. 40 of the Municipal Code and City Policy S-1 , and; d That based on that Traffic Study, the proposed project will neither cause nor make worse an ,r unsatisfactory level of traffic service on any "major" , "primary-modified" ,, or "primary" street. and approve the Traffic Study for a proposed office building containing 19 ,264 sq. ft. Request to consider a Traffic Study for a proposed , Item #11 office building containing 72 ,000 sq. ft. TRAFFIC Location : Lots 8, 9 and 10 of Tract 5169 , loca STUDY ted at 4401, 4423 and 4443 Birch Street, on th'e westerly side of Birc APPROVED Street approximately 700 feet nor- therly of Dove Street, near the Orange County Airport. Zone : M-1-A Applicant: National Education Company Owner: Irvine Industrial Company The Public Hearing was opened regarding this item and Bob Craft, Langden & Wilson Architects , appear- ed before the Planning Commission to state his con- currence with the conditions as set forth in the Staff Report. Commissioner Beek expressed his concern regarding the addition of 40 cars at the corner of MacArthur -26- COMMISSIONERS • MINUTES 9c 9 9 S� City of Newport Beach m� �'s� 9�mom�o�o90o June 7 , 1979 02 ROLL CALL INDEX Motion Motion was made that the Planning Commission make Ayes x x x x the following fi'ndings : Abstain 1. That a Traffic Study for the proposed project has been prepared in accordance with Chapter 15. 40 of the Newport Beach Municipal Code and City Policy S-1, and; that based on the Traf- fic Study, 2. he traffic projected one year after project cI pletion during any 2. 5 hour peak traffic pe 'od on each leg of each critical intersec- tio will be increased less than 1% by traffic gener ted from the project during ,that 2.5 hou perio and approve t e Traffic Study for the proposed 13,000 sq . ft. ' xpansion of the Hughes Aircraft Com pany facilities. * * * Request to consider \Traffic 'Study for a proposed Item #10 office building contal, ing 19 ,264 sq. ft. TRAFFIC Location : Parcel 2 �Nf Parcel Map 104/37 , loca- S U`f—DY ted at 3705,, Birch Street, at the mos northerly cb ner of Birch Street and APPROVED Bristol StreNorth , near the Orang County Airport Zone: M-1-A Applicant: The 3701 Birch \Com "any Owner: Irvine Industri \1eRichard Hogan, Community Developmentctor, sta- ted that the discrepencies as they eketween A- genda Item No. 10 and 11 would, if reconciq ed, not make any difference in the findings . Commissioner Beek asked regarding the I .C.U . f Mac- Arthur Boulevard and Campus Drive, to which Fred Talarico , Environmental Coordinator, replied thl' the I .C.U. , Winter-Spring 1978, is .94, to which Commissioner Beek expressed his concern that this project will put 18 additional cars through said intersection. -25- - COMMISSIONEAS • MINUTES �6��OF Pm 9 City of Newport Beach 9 '7L IN9�s� ° ��P.�2c June 7 , 1979 � Z 2 ROLL CALL INDEX Boulevard and Campus Drive , or less than 1%, where the current traffic is 2 ,888, or more than 1%. Motion x Motion was made that the Planning Commission make Ayes X x x x x the following findings : Noes x 1. That a Traffic Study on the proposed project has been prepared in accordance with Chapter 15. 40 of the Municipal Code and City Policy S-1 , and; 2. That based on that Traffic Study, the proposed project will neither cause nor make worse an unsatisfactory level of traffic service on any "major" , "primary-modified" , or "primary" street. and approve the Traffic Study for a proposed office building containing 72,000 sq . ft. Request to establish an educational seminar and Item #12 training facility in an existing building in the M-1-A District. USE PER- Location : Lots 11 , 12 , 50 and 51 , Tract No. MIT NO. 3201 , located at 3922 Campus Drive , 1911 on the northeasterly ' corner of Cam- pus Drive and Quail Street, across CONDI- c� Campus Drive from the Orange County TIONALLY Airport. Zone . M-1-A Applicant. est, an Educational Corporation , New port Beach Owner: Cap `us Square Trust, Los Angeles The Public Hearing was o ened regarding this item and Marcy Remcoff, Applicant, appeared before the Planning Commission to state�her concurrence with the conditions as set forth in • .e Staff Report. Motionx Motion was made that the Planning C"11*o ission make g All Ayes the following findings : -P7- COMMISSIONERS • MINUTES . City of Newport Beach June 7 , 1979 0 2 2 ROLL CALL INDEX 1. That the proposed use does not confl ' ct with the Land Use Element of the General, Ian and is compatible with surrounding lanndd uses . 2. That the project will not have afiy significant environmental impacts . , 3. Adequate offstreet parki/oblems. 'aces are being provided for the subjectol facility. 4. The Police Department haicated that they do not contemplate any p 5. The approval of Use Permit No. 1911 will not, under the circumstar�C'es of this case be detri - mental to the heal t- , safety, peace , morals , comfort and gener welfare ,of persons resid- ing and working the neighborhood or be de- trimental or in rious to property or improve- ments in the neighborhood or the general wel- fare of the C ty. and approve Use Permit No. 191:1, subject to the fol lowing conditii s : 1. That development shall be in substantial con- forma a with the approved floor plan and plot plan 2. Th a maximum of 300 students shall be per- /3. tted in the school use at any one session. assroom activity shall not be permitted on e site prior to 6 : 00 p.m. , Monday through iday. However, said seminars and training ssions may occur during daytime and evening urs on weekends . 4. That a seating plan for the main assembly area shall be submitted to and approved by the Fire Department. 5. That all provisions of the Uniform Building Code shall be met in conjunction with the change of occupancy on the site. -28- INTERSECTION CAPACITYA UTILIZATION ANALYSIS ATTACHMENT NO . 4 3ti II Intersed9on /qat �rrlhu✓ / !_R Mnptt _ rzx1sT,1JG INTM��00 (Existing Traffic Volumes Based on WT ter Sprig 197_ Movement EXISTING PROPOSED E%I I EXIST REGIOW1 COMMITTED PROJECTED PROJECT PROJECT Lanes Cap Lanes Cap PK HR Y/C GROWTH PROJECT V/C Ratio Volume VC Ratio Yol. Rat10 VOL. VOL. w/o Project li Vol. I NL 1 1600 111 0� S ll6 a o'11 — 01 NT 2 3, DD )DVV , 35 73/ nil •NR 73 - 1 21 /DL - SL I 16D , 16 Dt 73 130 D$ — ,0 ST 3s ? 31DO . /A6 SR 1 1600 znl l i 2z3 iy — Iq EL 1 b o J 8s ,� yo 52S, 10io E7 a 3yDo 20 �t ER 53 WL 1 MOD /oo ,D - #-7 Jot ,01 — ,07 WT 31 0o Ens - ass 2Y —WR 1 N.516S - YELL06TIHE - 9ty9 j sc EXISTING INTERSECTION CAPACITY UTILIZATION •3 '/o EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH W%PROPOSED IMPROVEMENTS I.C.0 EXISTING PLUS COMWITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. [� Projected plus project traffic I.C.U. will be less than or equal to 0.90 Projected plus project traffic I.C.U. will be greater than 0.90 Projected plus project traffic I.C.U. with systems improvements will be less than or equal to 0.90 Description of system improvement: �L,r, G� rHeraax AitArAwl" 02. k' 0a3 sia Q>_�yG 71 - o �6 0- o``� 3 X 1,OL Sd -el I tij \., e aP DATE: PROJECT: FORM II it INTERSECTION CAPA}}CITY UTILIZATION AN /18/ � InterscSon / IAe. �r rt✓-� e"tral �an Sn�e scefioH �or rf✓.'r�l (Existing Traffic olumes Base - on verage Wl to pring 197_ � Movement EXISTING PROPOSED EXIST EXIST IREGIONAL C"ITTED TPRIWE3CTEOPRW�ECr PROJECTLanes Cap Lanes Cap PK HR V/C GROWTH PROJECT V/C Ratio Vol. Ratio VOL. VOL.NL / /600 111 ,07 S r07 NT' 3 Y$o0 )DyI 2 a� 73/ 17v , 3 . 3 'NR / 1600 73 ,05 2.7 /01- SL bD0 Sb oy 1 73 130 101 ST 3 y$o0 V53 l Z ZD 126? ,16 J7 SR J 1 660 / V5 ,/V - .ly EL 1 31D0 Al y0 31pS� 7 ET 3zaD ✓ — �ER - 3wL 1 I DD 6 - 7 101 : ,D7wr 3zD0 b - 70Wa 1�53 1»1 3673 �YELLOG7IME DEXISTING INTERSECTION CAPACITY UTILIZA1 �/D EXISTING PLUS COMMITTED PLUS REGIONAL GROWTH W{PROPOSED IMPROVEMENTS I.C.0 /�03 EXISTING-PLUS COMMITTED PLUS REGIONAL GROWTH PLUS PROJECT I.C.U. I.Dy El Projected plus project traffic I.C.U. will be less than or equal to 0.90 Projected plus project traffic I.C.U. will be greater than 0.90 Projected plus project traffic I.C.U. with systems improvements will be less than or equal to 0.90 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Description of system improvement: .0')- X / , oz. 3 C) 3 79 - ° 0�.093 X 80-B1 , o�1N DATE: PROJECT: FORM I N 5- . GENERAL PLAN 78-2 1995 Intersection Capacity Utilization Computations Intersection MACAfZWOK [3bvD_/CAMP0.5 DR%ve June 28, 1979 1995 Peak Peak Hour 2-Way Hourly "barn Turn 1995 Movement Lanes Capacity Leg Volume Percentage Volume V/C NL 1 1600 R_0 130 0917-* HT 3 L1800 3a,000 85.0 1190 .214 79 NR r 1600 6. 0 80 . 0500 SL / 1600 `f.`l 60 . 0375 ST 3 41800 35,000 80.0 r 0'10 . Evrl SR l 1600 15-7 21 0 . 13 1 2- EL 2. 32O0 37.5 350 10? q�' E.I 2?y0o0 55.5 SZ� 7.0 70 ER WL / 1600 [O. 2 80 . 0500 Wr 2 3200 1y, WO gy.3 6qo . 200DW . WR 1 N. 5. S.S 7-0 -- Yellow Time 0.1000 Intersection Capacity Utilization ICU ,7 1 3 5- ICU is sum of critical movements, denoted by asterisk (*) N=Northbound, S=Southbound, E=Eastbound, W=Westbound, L=Left, T=Through, R=Right I • - • • ATTACHMENT NO . 5 NATIONAL EDUCATION AN INTERNATIONAL TRAINING CORPORATION 4361 BIRCH STREET • NEW PORT BEACH,CA 92660 (714)546-7360 GROWING 'WITH NEWPORT BEACH America's largest publicly held voational education company has been headquarterd in Newport Beach for almost 15 years. In 1964, when National Education had outgrown its facilities in Hollywood, it surveyed several areas in which to build its first corporate headquarters building. The fledging company had entered a period of rapid growth. It i ,, projected continued expansion on a long-range basis and selected Newport Beach because of the availability of land on which expanded facilities could some- day be. built. Late in 1964, the final choice was made. Four long-term leaseholds were acquired. One of the first buildings on Birch Street was built on two of these leaseholds to house National Education and its major subsidiaries. In 1965 a 25,000 square foot headquarters building was completed at 4401 Birch Street. It served the growing company well until 1969, when once again the company required additional space. By this time, we operated three rapidly growing subisidaires, had more than 100 employes and had made long-range plans for continued growth. A new 13,764 square foot building was built on the third leasehold at 4361 Birch Street next door to the original headquarters ' building. Both buildings are now occupied by National Education. "SERVING OVER 100.000 CAREER STUDENTS WORLDWIDE" _2_ During the past ten years, our growth has rapidly continued and by 1976 our company had doubled in size. This was a result of the rapid growth of our Bryman Medical and Dental Assistants Schools and our Sawyer Secretarial Schools. We were forced to lease an additional 15,556 square feet of space in Costa Mesa to house the headquarters staff of these entities because of the lack of space in our building. This arrangement has never been satisfactory and will change when we build our next corporate headquarters. Today, National Education once again faces the problem of serious shortage of space which will certainly worsen. From 60 employes in Newport Beach in 1969 we have grown to over 225. Our revenues have increased over 700 percent. We I are committed to an internal expansion program of 15 percent annually.. In - I addition, we have an ambitious growth program under way.. Our corporate headquarters is today literally bursting at the seams. If steps are not taken now, what is now simply a problem, will soon grow into a crisis. We have grown up in Newport Beach, and we believe we have helped bring to our hometown the national recognition it now enjoys. -''Our subsidiaries operate nationally accredited schools in 28 cities across the nation, employing over 1,400 people and annually enrolling in excess of 100,000 students. Our schools are eligible for federal loans and grants. National Education has become a major factor in the post secondary career education system of America. We believe we serve society and our community well. We do so in a dual capacity helping ambitious students in acquiring marketable skills in occupations they prefer and furnishing American industry with badly needed technicians, secretaries and mechanics. Frequently, we can make taxpayers out of those who have been welfare recipients. . - 10 -3- � Ours has often been referred to as the "schools of second chance", offering educational alternatives not available in tax supported institutions. For 15 years we have been helping people build new lives. We think ours is the kind of company Newport Beach can well be proud of and should encourage to remain and grow in our city. We have always had a policy of encouraging our executives to become involved personally in our community. Mr. John J. McNaughton, our Board Chairman, has served on the Board of Hoag Hospital for five years, Orange County Boy Scouts ®eemwii?, Florence Crittendon Home and is now becoming involved in the Easter Seal program. David Bright, President of the company, is very youth oriented and- is involved -in-various youth programs such as _ Corona del- Mar High School Touchdow Club, etc: -Dr. Eugene-Auerbach; our-. Director of Education, is on the State of California Commission of Vocational Education. He is a frequent guest lecturer at University of California, Irvine; various other local schools and service clubs. • I could go on, infinetum, about our people but in consideration of this commissions' time, I feel this is sufficient to show serious community involvement of the company and its people. NEWPORT BEACH ZZ d,.a� z ZO' � roaou ua CIRCULATION ELEMENT` MASTER PLAN OF => 39 �° 'y' & HIGHWAYS =�'°.. � � �..�� � 36 1p STREETS S h 9 7 1 ,,—� qs_ rrsa:k ,[a.,•.a,: "Wetted 13e5 average Datl, Traffic v , `Fr IaBT)Ter rrm the aodel ran that Trnlfu taOT) 7�" v. vB ® MAJOR ROAD [� INTERCHANGE /9 L; inwrporate:the land use a+ srtaatled ire^tin kndel wc- — ( -�( �' `y i �r in oacerUer tile• '� SIX LANE DIVIDED ADOPTED "` � 'r RBacxa7 ia'p:•It, aan4B Batea on th@ Kf --Ur,,,•,^» anbiii nYF`�nF BI In,oa tlestenala4 to 4ha PRIMARY ROAD FREEWAY i 3, ( �Y (.•. ,,,,`t r`` greenUtbn Y:Mranl and ten tivaud !9i •:e h•tvr :s. FOUR LANE DIVIDED ROUTES i � "= t( — � vna an kIRR Bl ,r•ttrietLiBfl in tPP 11nk. PRIMARY ROAD .= BRIDGE �^ \ I Vk�j' '.; a`4hpMYs;:i..i :.. MODIFIED t�� i1 fi n4i:Chnv 4 3T p SECONDARY ROAD t 7 � : y a� FOUR LANE UNDIVIDED / �a `r so- 34 a ROUTES THAT REQUIRE FURTHERt., COORDINATION �� — ` �; g-3 n°• t` -�• � � elm��:-n\!��"� �•��� �Ll. ,�;�irj�,`�i`,n�i�\�,%^.�0 4 �� 25 8 ..j � , .�.�a �`» , :. .. �0 � •;i•'P - •1.:.: l• ��•.R 1;,� 3 =�•;: yaSa rNP • r �,� 1 � ! �• rl\ .Y Ta �_]e�� t; - Iil{�kl�ll�� • 7j5L • w � 'g•�,. •t\`• y�� `��•+ +�`� <�^ ., -�� % a \ r- aahp I ,tJj 1F!(,i• 1 i .� Z� / wa\' .r.. 1.� �'Y� \� � �r°�f-i�''Y d"� 35 .�� �y-"' Z� � " [ 22 /c� s;: 'r.•. I• •. O +7• �''•� ,�� �.'' �� � ! � ����' a'u=aPj 3015 `� 1 ��1 " : t•` _ `off` .r-'' »� •'"' _...•;';,/ x• .i '° t�� CIC/t��de ,j.', 66 Sly s- �. e• �o �S��•=`-'�-"r: _ '; \ °�. $�� moo•=ar`=i ji 4 3!0 3 7 -1�= <i» •� 40 �'�t.�.•�. , 7(`(j7jlkm lliliiir S i}j a v�• r °' 4A �'3 t; - '� `�- � ° _. .. v ADOPTED BY CITY COMIL scato" in toot - - +• v NOTE: The model outputs have been modified in the following two instances: l •5,00o transferred from Jamboree to McArthur ATTACHMENT 1 }*q,00O transferred from Coast Highway tc Dayside Drive .y nn • r i�C. l—Cw-! �1..' r ^/ (�l..ti`yt7 �i_'r✓�•-h�i n,": �'M� ' I TO: PLANNING COMMISSION FROM: Public Works Department SUBJECT: CIRCULATION ELEMENT REVIEW DISCUSSION: Attached are the following: 1 . Circulation system map showing projected traffic volumes, existing traffic volumes and capacity ranges. 2. Schematic intersection geometrics and projected I.C.U. 's for the intersections analyzed, based on the 1995 traffic projections from the model for the General Plan as amended in December 1978 (78-2). 3. I.C.U. calculation sheets for the intersections analyzed. 4. Approach volume differences at the intersections analyzed for the major vacant sites. These approach volume differences reflect the incremental 24-hour traffic volume contributed to the inter- section, by the site indicated if it were developed to the cur- rent General Plan uses. 5. Location map showing the major vacant sites. The intersections analyzed are as follows: 1 . Coast Highway/Dover Drive 2. Coast Highway/Jamboree Road 3. Coast Highway/Avocado Avenue/MacArthur Boulevard 4. San Joaquin Hills Road/Avocado Avenue/MacArthur Boulevard 5. Jamboree Road/San Joaquin Hills Road 6. Jamboree Road/Eastbluff Drive/Ford Road 7. Jamboree Road/MacArthur Boulevard 8. Jamboree Road/Campus Drive 9. MacArthur Boulevard/Ford Road 10. MacArthur Boulevard/Campus Drive Based on the attached information, it can be seen that the intersec- tions analyzed will be able to adequately serve the 1995 traffic generated by the land use development provided for in the presently adopted General Plan as amended in December 1978 (78-2 amendment) . It is important to note that these projections and conclusions assume that all of the following major facilities are completed by 1995: 1 . San Joaquin Transportation Corridor--from Bonita Canyon to the San Diego Freeway. I c�t�aeus yU,Ej�FG3eO /1�.4C.4L�TU1/,P/CGid�9F�U� . . �rc,a�rc�v ,�acQerw 38 /.C.1/. =0. 7490 I 3 ' I I i /1�llC,4P7yU.2�F0,20 . 4i 4971 o'er Qe r /.C.!/.=0. 710 ac,oerav g I '• i 2 . 3 GENERAL PLAN 78-2 1995 Intersection Capacity Utilization Computations Intersection MACARTHOR BLVD./CAMPUS I)R1VF- June 28, 1979 1995 Peak Peak Hour 2-Way Hourly Turn Turn 1995 Movement Lanes Capacity Leg Volume Percentage Volume VJC NL 1 1600 9.0 130 O$I2'� Ni 3 -4800. 30,000 85.0 1190 .7-479 NR I 1600 6. 0 80 . 0500 SL 1 1600 t4.41 60 . 0375 ST 3 4800 35,000 80.0 I0'7D . 2229 SR l 1600 15.7 21 0 . 13 Z. EL 2 3200 37.5- 35'0 107y" ET Z2,"1 55.5 52-0 ER 7.0 70 WL 1 1600 to. ?- $O . 0500 Wr 2 32OO Iy, 000 g�t.3 6qo . 2000'� WR ! N. 5. S.S 20 -- Yellow Time 0.1000 Intersection Capacity Utilization ICU .7 13S ICU is sum of critical movements, denoted by asterisk (*} N=Northbound, S=Southbound, E=Eastbound, W=Westbound, L=Left, T=Through, R=Right ��e`wpoRr. CITY OF NEWPORT BEACH C9GlFORN�P December 14, 1978 Mr. Edward J. Ruzak c/o JHK and Associates 1617 East 17th Street Santa Ana, CA 92701 Subject: Additional Information - Traffic Study for the Office Building on Birch Street in Newport Beach Dear Ed: Enclosed please find additional information on the proposed Office Building on Birch Street in the City of Newport Beach. This information confirms our previous telephone conversation. If I can be of any help, please feel free to contact me. Sincerely, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By Fred i co Environmental Coordinator FT/dt Enclosure City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 V ``N N BUEEDLA civil engineers 'i. CCT.I t1.61C �. December 13 , 1978 �� Q� Cz'_10e�Gia C•,� ,�.pt�cAu2• j� Mr. Fred Talarico Senior Planner CITY OF NEWPORT BEACH 3300 Newport Blvd. Newport Beach, CA 92663 SUBJ: TRAFFIC STUDY-NATIONAL EDUCATION PROJECT Dear Fred: In addition to the property described on the application, it is our plan to use an adjacent lot for parking for this project. An existing building will be demolished. The building has 2500 ' of office space and 10,000 ' of manufac- turing space. Please give us credit for the existing parking demand of this building. Thanks. Very truly yours, John C. Vann, Jr. R.C.E. 15004 JCV/pm POR /04la CITY OF NEWPORT BEACH c9t�soaN� . January 4, 1979 Mr. Edward Ruzack c/o J .H . K. and Associates 1617 East 17th Street, Suite 20 Santa Ana , California 92701 Subject: Traffic Study - National Education Office Dear Mr. Ruzack: Enclosed is a revised development plan for the proposed National Education office building. The revisions will result in all traffic entering and leaving the proposed structure from Birch Street. At your earliest convenience please contact me so that we might discuss a modification of our contract to allow for analysis of this revision . Sincerely , 6--q,d � UFred alarico Environmental Coordinator »._x FT/jl Encl . City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 VANN BUCCOLA civil engineers CO January 3, 1979 RECEIVED � Community Development S Dept. Mr. Fred Talarico JAP13 1979,�,­ Senior Planneryp� � � CITY OF NEWPORT BEACH CRLtF 3300 Newport Blvd. 4 Newport Beach, CA 92663 �U Dear Fred: We received a copy of the traffic analysis as accomplished by JHK & Associates, dated December 22, 1978 . We have re- viewed our proposed development recently and have decided that we would keep all the parking on the same site as the building occupies. This would be done using a parking structure of some sort. Lot 30 of Tract 3201 facing Campus Avenue will not used for parking for this proposal. The project size will remain the same. We will construct a 72, 000 sq. ft. building. Approximately 50% will be used by the builder/owner as his National Corporate offices. The balance can be considered lease space. This revision will result in all the traffic entering the site and leaving the site from Birch Street. We will not have access to Campus Drive. The two existing buildings totalling 24 ,700 sq. ft. of rentable office space will be demolished. The combination manufacturing and office build- ing on the lot facing Campus Drive will not be demolished under our new program. That building contains 2500 sq. ft. of office space and 10, 000 sq. ft. of manufacturing space. We wish to revise the traffic study and proceed right ahead to phases 2 and 3 of the traffic analysis procedure. Please advise us of how soon this can be accomplished and what other information you will need from us to proceed with this. er ruly n C. Vann, Jr. .C.E. 15004 1000 Quail Street, Suite 255 0 Newport Beach, California 92660 0 714/752-5282 I j j I I .I I � I cav f29344wo I d39' !38' 6B5' I Uf1NN�F✓!/CCOIA C/t//L L'AG. /1/I� c�OflN /I7CNA!/Gfi'1"ON IMi9a K14 5r.- 6Z117r 255 D3l,0/41=.Al 5ro9:WO- NeGYAO/.'Tf✓'GACH�CA.9ZG� Nasyr�o,�rF.3cAcl� Cft., 92�i3 VANN BUCCOLA civil engineers r,:— m Rconr�nm D 9 Deep Spy r: 6,.19� 10 December 13 , 1978 �F�'c\� Of N��ppcPL\f• )) Mr. Fred Talarico 'J Senior Planner CITY OF NEWPORT BEACH 3300 Newport Blvd. Newport Beach, CA 92663 SUBJ: TRAFFIC STUDY-NATIONAL EDUCATION PROJECT Dear Fred: In addition to the property described on the application, it is our plan to use an adjacent lot for parking for this project. An existing building will be demolished. The building has 2500' of office space and 10,000 ' of manufac- turing space. Please give us credit for the existing parking demand of this building. Thanks. VnC.4Vann, ul yours, Jr. R.C.E. 15004 JCV/pm 1000 Quail Street, Suite 255 0 Newport Beach, California 92660 0 714/752-5282 VANN BUCCOLA civil engineers December 7, 1978 Mr. Fred Talarico Sr. Planner CITY OF NEWPORT BEACH 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mr. Talarico: Enclosed is a Traffic Study Application, a site plan and check for $875. Please initiate a study. My client' s decision to remove the existing building or leave it for some period of time, must be made before January 1, 1979. May we have urgent service on our application please? inc rely,'0 ohn C. Vannn, Jr. R.C.E. 15004 cc: J.J. McNaughton Enclosure JCV/pm 1000 Quail Street, Suite 255 0 Newport Beach, California 92660 0 714/752-5282 Aw eorAV j I I la I � I D } IC'OPi 82 GA�'B _- h���G' — A Acpag,-f v 1 c-Asc.�c�vr v � 0 e&re e, 9<r0 I eg-* l33' Be?5 lIr1NN�P✓!/CCo/A C/l//L C.'pG. /I/��i. �ONN II�JCNAl/6ffrON /G�DQuAi� 5r., 5uirc 255 03/0/ P✓i,�c,�,� 5r�c-c-r lVeowawr4r,4eH,,CA.9ZGO Neogoo,orifcAeM,, GA, 92loli3 t�G'cr.�tr.�/tee r�c.�71o�75z�z82 r. .; 7/cl� 5dG-�SIvO TRAFFIC STUDY APPLICATION CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT DATE: Dec. 7, 1978 Mr. John J. McNaughton-Personal APPLICANT National Education PHONE714/546-7360 MAILING ADDRESS 4361 Birch Street, Newport Beach, CA 92663 PROPERTY OWNER Same PHONE MAILING ADDRESS ADDRESS OR LOCATION OF PROJECT Lots 8, 9 & 10 of Tract 5196 , and Lot 30 . of Tract 3201 DESCRIPTION OF PROJECT 6 story office building with surface parking. Approximately 60, 000 sq. ft. of rentable floor space, (72 , 000± gross floor area) replacing two existing buildings totalling• 24 ,700 sq. ft. of rentable office space. Do Not Complete Application Below This Line Date Filed Fee Paid Receipt No. City Traffic Engineer Approval Date s E.A.C. Action Date. C.E.Q.A.C. Action Date Planning Commission Action Date City Council Action Date r INDEMNITY DATE : December _, 1983 INDEMNITOR : NATIONAL EDUCATION CORPORATION BACKGROUND: On December 1983, the City of Newport Beach , California, waived the requirement of a parcel map for the combining of lots with respect to the construction of a pro- posed building on Lots 7, 8, 9, and 10 of Tract No . 5169 , as per Map recorded in Book 190, Page 11-13, inclusive , of Mis- cellaneous Maps , in the Offices of - the County Recorder of said County (the "Waiver" ) . The Waiver was conditioned upon the execution of an indemnity and hold-harmless agreement in favor of the City of Newport Beach in a manner satisfactory to the City Attorney of the City of Newport Beach (the "Condition" ) . In consideration of the foregoing, Indemnitor agrees as follows : Indemnitor hereby accepts the Condition imposed for the Waiver and reaffirms that it agreed to said Condition at an open hearing of the Planning Commission of the City of Newport Beach . In satisfaction of the Condition , Indemnitor hereby agrees to indemnify and hold harmless the City of Newport Beach of and from any and all loss , cost, liability, claim, damage, or expense of any kind or nature whatsoever , arising from, out of, or An connection with or in any way related to the Waiver. This Indemnity includes the costs of defense and attorneys ' fees . IN WITNESS WHEREOF, National Education Corporation has executed the within instrument as of the date above written . NATIONAL EDUCATION CORPORATION ATTEST: BY : President Secretary 1 STATE OF CALIFORNIA ) COUNTY OF On December _, 1983 , before me, the undersigned , a Notary public in and for said County and State , personally appeared and , known to me to be the President and the Secretary, respectively, of Nat.ional Education Corporation , and that they executed the within instrument on behalf of said corporation , and acknowledged to me that said corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors . WITNESS MY HAND- AND OFFICIAL SEAL . NOTARY PUBLIC (seal ) APPROVAL AS TO FORM AND CONTENT The foregoing Indemnity of National Education Corpora- tion in favor of the. City of Newport Beach, dated December _, 1983., is hereby approved as to form and content , and is declared to satisfy the Condition imposed in connection with the Waiver granted on December _, 1983, by the Planning Commission of the City of Newport Beach described herein . DATED: December _, 1983 THE CITY OF NEWPORT BEACH BY : City Attorney 2 4026 . -noc.e8624 'r- 551 �1lILN RECORDED NIAIL TO 9 �jf✓: 1Gt •�f National Systems Corporation, / 4401 Birch St., G 0 - �d Nevport Beach, California. RECORDED AT REQUEST OF FIRST AMER.TITLE INS t IPUST CO. IN OFFICIAL Rr•-CORDS OF U.80 ORANGE COUNTY. CALIF. -D 7 8:CO AM JUN 7 1968 I J.VNLIE CARLYLE,County Recorder (Space above this line for Recorder's use) ASSIGNMENT For valuable consideration receipat of which is hereby re or acknowledged, the undersigned SECURITY—FORE CORP. does hereby transfer and assign to oration NATIONAL SYSTEMS CORPORATION, a corporation all right, title and interest of the undersigned, as Lessee; in and under that certain, Lease dated April 216J� by and between fog c rpOra on, as ssor _nWINE INDUSTRIAL COTff'TRY, a SECURITY—FORE CoRp.2 a corporation 6 31 of as Lessee, recorded on I18Sr 1965 in Book 75p Page Official Records of Orange County, California, to: ' Lot 10 of Tract No. 5169 as shown on a map recorded. in Book 190 Page Ilt 120 13 of Miscellaneous Maps, records of Orange County, California, TOGETHER WITH all buildings and- other improvements on said land. _ SUBJECT TO: Reserving timto the lessor, its successors• and assigns', an easement, for pipelines: and poleli:nes, in, under over and along the Northwesterly 6.00 feet thereof SECURITY FORE RP., s, corporati011 r r f3 DATED:. April: 30s 1968 B • ( ssignoi) ^ �' `�•' 1 STATE OF CALIFORNIA ) STATE OF CALIFORNIA ss) COUNTY F ORANGEss COUNTY OF ORANGE ) On �n�i � before me, On before me, the, undersigned, a Notdry Public in and for said the undersigned, a Notary Public in and for said County and Sty., p;2 onally appeared County and State, personally appeared L� f� Zic/C% known to me to be the President, and known to me to be the person_ whose name_ is/are subscribed to the within instrument and acknowledged known to me to be the ``/gTN'�'/ to me that .lie_ executed the same.WITNESS my hand and official seal. Secrets of the Corporation that executed the within Instrument, known to to be the persons who exe- cuted the within Instrument on behalf of the corpor- \'otary Public in and for said County and State ation therein named, and acknowledged to me that such-corporation executed the within Instrument pur- suant to its By-Laws or a resolution of its Board of Directors. ♦�.♦♦♦00♦♦♦♦4♦♦OF♦4COiJ♦♦O♦♦♦♦: WITNESS my hand and official seal. Theresa M. Narquist 0 NOTARY PUBLIC•CALIFORNIA � ���L[ �, ��"L��.LL�"�•� PRINCIPAL OFFICE IN ♦ ORANGE COUNTY 0 Notary—Public in and for said ounty and State My Commission Expires Nov. 26, 1971 1.1 '.1r c— MAIL TAX STATEMENTS TO: (Name) (Address) Assignment—Page I of 2 ,¢ •',1•�'s•��•' "y- -� '^+j °� i MAN. 1F ,i�''"'�t ! j• ' f •:'f /\ w•::pr. i, ' =`7w."•��.'.b:' , t. ... .s+,`�'+' •i°;�-`Iw >�, •'w;•A^r .�''-'S•'��'�,y, ..\rv. `,�. -i ,•'Sa-- ���pp ,/y.f ! .j •l r.t•.,1,-fI'r tw• �. '�.�.�' '. t F"•.F .i.4..�. �",-�'a.F•T' C `.'r_i�:1N• n•'Y!!`l.�iT ."' . 1 ' ��:•�. \�,.� •�...-t�. � .fiXl✓�W'•T••` �CCEI'TA10E AND AGREEMENT bou 8624 552 The undersigned assignee named i)the foregoing assignment (if more LNEe, i r 1�J Y -,Y) he �I a nd hereby agrees with and for the benefit of f+T{k }iL'S�,C E7r. 0.iv �t+ret � k`=x>;xxy%= .14 SP ssor t� rRtccux>sacyo»sxr:ry:pss lessor under the ]ease described in said assignment, to keep, perform and be bound by all of the terms, covenants and conditions contained in said lease on the part of the lessee therein to be kept and per- formed, to all intents and purposes as though the undersigned assignee was the original lessee thereunder. NATIONAL SYSTEMS CORP TIONr a corporation Dated: April 30Y 1968 Address: 4401 Birch St.� Newport Beach California (Assignee) STATE OF CALIFORNIA ) STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) ss COUNTY OF ORANGE ) On before me, On— � 7 7 4 , before me, the undersigned, a Notary Public in and for said the undersigned, a Notary Public in and for said County and State, personally appeared County and State, personally appeared John J- 7.1rNaF7,gbr known to me to be the person_ whose name_ is/are known to me to be the President, and subscribed to the within Instrument and acknowledged Harold G. Rider to me that -he_ executed, the same. known to me.to be the Vice President WITNESS my hand and official seal. 296&XX`Jf bf the Corporation that executed the within Instrument, known to me to be the persons who exe- cuted. the within.Instrument on behalf of the corpor- Notary Public in and for said County and State ation therein named, and acknowledged to me that such corporation executed the within Instrument pur- suant to its By-Laws or a resolution• of its Board of �. Directors. OFFICIAL SCAL WITNESS my hand and offidial seal. 01 -RL ; MARGARET H. EVENSON. �yy� r'rv1'- NOTARY PUBLIC.CALIFORNIA �� � PRINCIPAL OFFICE. IN, I >•� ORANGE COUNTY NOCa PublieA and for said County and State MARGARET 141. EVENSOW My. Commission Expires March 20,I.R7.0 - CONSENT' AND CONFIRMATION IRVINE INDUSTRIAL COMPLEX . a. California corporation The undersigned, lessor named in the-lease re- {erred to in the foregoing assignment, hereby consents to such assignment without, however, waiving the restric- tions, if any,,contained,in said lease with:respect to,future assignments thereunder, and confirms that the provisions of said lease with respect to assignment thereof have been complied with, and hereby releases the,assignor as lessee of said lease, from any and all further, obligations thereu der and hereby accepts the assignee as lessee under said lease, to all intents and, purposes as though, sai\rd i y I ya the original-lessee thereunder: 2 7j c IRVINE INDUSTRIAL, COINT EK Dated: April30, 09� INCORPORATED tj°c APRIL 27; 1964 • � By - - Assistant Secretary STATE OF CALIFORNIA ) C/FOF, COUNTY OF ORANGE ) ss On d�Af�� f L p bef a me undersigned, a Notary Public in and for said County and State pe Wally appeared known to me to be the-Assistant Secretary of the Corporation that executed the within nstrumcnt, known be the person who executed the within Instru- ment on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its By-Laws or a resolution of its Board of Directors. WITNESS my hand and official seal. ------------------------------ j OFFICIAL SEAL 1 - Notary Public in LOLA LEE MIDDAUGH and for said County and State I atfT NOTARY PUBLIC—CALIFORNIA w; PRINCIPAL OFFICL IN ; .• GRANGE COUNTY 1 1 ' My Commiit�oB E,Dinf Much 23, 1972 __; 1-- -.-.-- -_ -- Assignment—Page 3 Rev. 8/63 `�---"`'Tar+,✓ ;� .^'c!.aIIt`�^NC.'j' ,+�',C' ta .Y•'i=-.�.d;• :1. 3 �y. v . ."wiL�. �t��'.�. ;� {rr<y:h r,'..''•n.l,� '� .rh+, r a �y++' .'V�' tf`.�., ,,F ..q{'` t1'•i2'`}vi �n-• "S'v i+ :• - :<.,=�v�r(,y"".,;[f'F•:•i'yL �5•'.,'..^^v.n_':::�•kE--�N��' d•G�; ���'t i.,i`L`:+i i3 �'•� �: '}a.". :a.,w t• ,r�' �'�7.'A .' • l,• .,'Y •M•,r. 1�'+:: r _�.y,,ci' v..:�`.rt y� 3 C:S •. �".t5�.y•u. '1�3 �%:-.,,�F:y r I •` r� : •�..-. yam. Q,t' •1 ih•.Y ,. .:,+y �,.. ..P_, a•v. ��•y.:,.,..rZ'-"" w- q �, ' ..swa: ' i✓-W: _'t:41_ cl+yt:%�s^• •.r.Y:. „i.• �'`:- Ay _:,•..9C. d;ri�.:�','�-Xw-.3'�:CYL.L.1. >a� v r' ./;fir`.p.� J • G ii �JUYD LEASE VIxz L:.Pm5, m3do a:: of th.) ''Lt dAY of Aa'ri7, 1 5, ty midb:t �<r ZRViYE gIP7S"i tIAir CwM. X, n CaI ifurnirs Corporation, herein rofe.-I "I.caaoor," tlnd.t3luiGl D= o California coripration, .herein rcXvrre�; to or. "LeG400,". I T N y S C� E x: 1. L+cza�ed. L sli: F<ir and. iu ::on or, cht uerwl n • uY x•:,.t, ta=3 and of = abAw,eo, anu of the yt oio^:llleC, of e L or the Coven:lnta, conditialin 'of this love by ''L" eq., Le;Cor• hOrObY'1•.:.xc a to I c:11WCc L'is t certcs Tl yetrcel of irllid Situatedin, thc: City of Mt IJ Ort• r�etlah, County o 0"G1,� j •x�e Or_Calif ornimI dooC_ii,tx at' fnllove: Lat 10 oQ l`lpat, 51693 a' Imo' 1xP rceo:c?esd :sl Book l'�, I,c43eu 31, l:_ ra.9 13,, jn�' uaivc; Of 1•Si3'ce2lo u uus,. 3•;ui:•;r the. office u, tine Cotzlty 3er it x oi" aric County;, WrM , , jZ-giuC"t,- itn IIY CC4: t:0/.3 a sZ pwsrie a>,. , i an ow, ex•:nt for p•:e1L•1^_r, er. .. Y' li,t� rm.. �',.Cl Ulm-'-eoi'j• a4d Glong, ChC: 41ort Nw.t er I rjur& CT' TO. Cove 1a 1t , con i3 ti?rzv, re:,trirt::clts,. rcAer-s atio;u , . rj.C,iltss j righ" of Vm)- mid t7!1irC:w..:1tL' ofr('tCL'r 3, ,Or . (hareluc t& :-efar:txi to a th • �'.„ r•slhn of I�==-?�'.: fitiac 3.::�1,t. is 1crz3e& 2or • ;,,,, l r y, ^n3 =rS`�: an t:us r a ric; (5'i) +!•c,�r!1, cv�a:rcik?. u11 tia: I-, Y ci` -r, w of it 2 VLxiy S 116 2t:'1 , 1»DY ' t ; ) 'Li v7+:li]i �aiuiiTlfLG il7Y4 r i i1•�i jii.'.1 a/'J r, f 1 �• !. '. ';. tten�.al: I,�.=�::cac: r:�:,r•r:�:•. cc; r't',7 y:: ,.,::•i:iu. .... • a r ;nzQc: tliier a,,e L'i f Po'.ocril.g z :, v.:L and arit yar.:y of tno lcr•.> :1;lran+ )!:�. to naj*wlstT,'Gmt �•4 tt:?7•Ci.:l•:�`sC: ;.C`fl�, : ' . , I a) IIraia Rentals lha ccc� or One Hundred One Thu.%o =-d Ore=. Uundred Fifty Dollars 0101,750.00), PQyP-b1'a in a4aani annual Install=ts of Ono Thousand light R=drodriSty ikusra MAP- ' ) o ch1 ia' ad-'r- o, co:.►_..cLzf vn D;ay 1, 1.65, p-A continnixu; thereafter nor bolo-0 tho 1st dq7 of 21.;/ of each year during the tore of this lease until the e.;tire s= is ynid in fuu- b) Aci, tad Rental: Upon the o.Virati,on of the fif•tcentu ycrs Of the to= of this lawse erid each tanth year thcreef•ter., the, a=ual s-ematal sisall be ad;justod to a sun, equal to six Par cent (61;) of the tYton fair ww'tet valud of the leased land (exalusivc of Lessee's !u.°provc..L=ts theroan) and thereafter during the reainder of said. tem., Lasses; shall Pair to•'Lvaaor sl=h, reutu ah so GA. ustod •at the t=W and in the manner horeina:ter provid d. 1A no event shall the rontal au C=tez:alneci by this psovieLosi be letas tiwu. ilia i'housssad Leight Xuad.•-ed Fi:rty Dollars (,�1,3iO.00) per year.. If Whoa the :s'a- tion of said fittwmvh. ye1w ana +any tenth ye:r• thor¢v1:er tho parti0a I=r.aLO hrrro fuilasl to, a,ree, upon the: fair make +rr2u+: of the- leased. lau3, V 0-n: rs:d - tlrsroupon. ouch values, ahra.. bo detes•mina& by vrbitration ea ymvi�i.^d unc?or Article X=p "Arbitretion"• of the Genera] Conditicnro att�rch l hCreta F :,msR'.n a.pa*t. hereof. 4. Usos Durinr,• tnP tern ;.ref T'0sT"*r, sshm,11 une md oaovirt •this lr+e:•re&- land. for the •QW;QtructI,on,, =ainte'rsen5!& and oparatim oi' • office building with inside ntorad*-,. i•'t,idcsttetl yrivatc o:P-rairaet ra{o-40A:1e rartecn+din3 pad plc;:.tis:;' an: o'C ar Cccilitiac. iAcidentc1• P=!UDS, sApnropriwte J• tv tueh cue and jnirposeF•,, soft f=�- etuch otht-r 9iT urea red. r�z 1?ortc3 as, 4 7 ri1 first ba Reproved. in writinel, ir; Ta. vr. 5. A3d ltin��K'i1it -af^: Tn tc, t is othsr co re:i It:; ._mod cowutlonLs to be r:pe omcd vy Loasee ',^.ommm4or as a mterial, j,4&rf: of the ca - c.'uleraticn for this lacua, Luiazee W;rcea W1 U I=tc:.1 or .:UjLjc t0 :)C instfY:le:i at 1r3i4Sl:v'13 ::OU iO^t tt" ox,unce, and upon Mgp-•..zt o J suer, a standeLr d I +r-i'oat aldeHnlx vit;;:n t::o 1atLlic: ri(,ht-of-vim•eilo:y; ""inch SLscxt 9sY:.cilaiely act ac_ut to ttia lc c :. • to the plank aAd a;7oairieatsons of the City oP I,rcwyo:t s3.^o.:hj- for th3 i.^P--0W'O- mast =dL davalopMmt of said Atrect; b) Reimburse Lessar, upan executioA of thin, leaao, tho sup dt $ljO00.00 oA Laaaeo's proportiollatc rhrse or offrite uadOrCe :a el:atrical and tolophone linen to .rhich the Lo6Aec m.:tiy c=r.-'et c d reeeivo Go:-Pico. 6. GcnsRal Coaditio=- The Gir.Pxal Conditio= to Graund Loaeo,• attached horeto, art+ by this ,arorazeo Incoryorated heroin and mc4a a. part Laroof. • • � IN kPSS" :, the p Z".ioa; Seto Lva:e c vicc4 tlln Groi.-1sl i.i aso to be exscured, by trzeir offluars thoreuoto duly authorized, =a their corporate Beale aPPized as or the day and year Trost apovo Irrit':ea. rrtYII�E ItiD iTRIIu. C iFIr^sX Q&vnl BMT Wli= PrC.93de'A� ay aratcL^y a �. n n "Lessor" ati@S GENERAL C(.NnITIGPIS TO Gf OUNDu LEASE The following General Conditions are incorporated in and made the foregoing lease -as 'though fully set forth at len.ath therein, to wit: — ARTICLE I Lessee's Operations During such term the leased land and all improvements constru maintained thereon shall be used by the Lessee for the use specified and other -use or purpose. Lessee shall not use or permit any other person t said premises, or any part thereof, for any purposes tending to injure t reputation thereof or for any improper or offensive use or to constitute nuisance; and Lessee shall at all times during said term conform to and all persons using or occupying any part of said premises to comply with public laws, ordinances and regulations from time to time applicable the and to ali operations thereon. ' ARTICLE II Lessee's Improvements u 1- Lersne shall diligently prosecute the work on any buildir improvement to the leased land (-hereinafter referred to as "said improve „ to completion and•shall complete the same anst otherwise make said improv ready for use and operation on or before e-ighteen. (18) months from: the d this lease. If Lessee shall fail to complete the construction of said i ments in the manner provided in this lease within said time, such failuz constitul;b a material, failure of consideration hereunder and a breach of covenants and conditions of this lease, provided, however•) that the date specified for the completion of said improvements shall be, extended for long as Lessee shall be prevented from r.ompleting the same by, war, acts or other unavoidable accidents or interferencec beyond the reasonable c of Lessee, but in, no'event- to exceed the period of one (1) year. Before commences the construction of said improvements or any part thereof, Lee shall deliver to Lessor for its approval two (2) complete sets of cons plans and specifications for the exterior of said improvements, prepare licensed architect or licensed engineer includi.ng, but not limited to, and drainage plans and soils report as provided under Article IV herein a plot. plan showing the proposed, l.ocatinn of said improvements, all uti and service connections and all places of ingress and egress to public and roads and plans for outdoor signs, lighting and landscaping. If ap] such approval shall be endorsed by Lessor upon_ said plans, spar.i.ficatio plot plan within thirty (10) days from the receipt thereo' , one (1) set shall be ratainel by it, If Lessor doe- riot approve such plans and spe Lessor shall within thirty (30) days from the receipt thereof notify Le! its reasons for not approving said plans and specifications. 2. ]10 structure or other improvement, the plans, specificat promsed location of which have net first receives; the written approval witi: nuch r:7proved plans, specificatio: Lessor, or which does not ^omply locations, shall be constructed or naintaiaed on the leased land. No m, addition to or alteration of any building or structure erected on the It land shall be commenced unless and until: flans and specifications cover the exterior of the proposed addition or alteration shall have been fir, ^,: - cur/Tnd 164 a part of :ted and for no use ie a muse •eto and nents") ements ate- of nprove— e shall 'the. so )f God atrol Lessee . see action by a ading elow., !ties treets roved, s and of which lficationsp see of ins and pf s and Lerial aced ag Y submitted to and approved by Lessor in the marner above provided. Wren the construction of any building or other structure on the leased land, or any addition thereto or a teration ther.=of, is commenced, the same shall be with prosecuted with reasonaole diligence to compiet.iou, and shall comply licable thereto and shall be all public laws, ordinances and re9ations app ,l expense of Lessee and without constructed and completed at the sole cost and any cost,. expense or liability of ?,esscr whatsoever. 3. Thr approval by Lessor of any plans and specifications refers mity of such plans and specifications to the general only to the confor architectural plan for the :leased land and neighboring land of the Lessor; l or such plars and specifications are- rot xppov�edd for areha*ec s,gassumengineering design and Lessor, by approving such plansstructure liability or respos no r_sibility therefor or fora any defect in any constructed from such plans or spec::'icst:.ons, b. All of said impro emer.ts , a:d a1i stiosequent additions thereto d remain a and alterations therein acd r=_placements t,hc--recf, sha11 become an part of the leased land, subject to the use and occupancy of Lessee hereunder, and none of the same shall be enctnbFred, transferred, removed or materially altered, except, as otherwise provideid in this lease and upon, the expiration of the term hereof or any earlier term:nation of this lease, ail of said operty of Lessor-without the payment of any improvements shall become the pr consideration therefor . ' Akk"_ LE 171 Lessee may, at its expense, erect on tree leased land. such signs and provide such exterior lighting as shall be provided for in the plans and specifications for. the, improvements mutually, approved under Article II above,, but Lessee shall not thereafter erect or maintair:,any other or additional, signs or any other, exterior lighting on said land without the prior written approval and consent of Lessor. + AST,1C'.c ry Undero_=T4•.11:d Conditions 1. It is understood wAd aiireed than ,--see has made, or prior to the construction of any building hereunder .+ill 61ake, its own tests to ascertain the amount 'and extent of the present fail and/or any subsurface or soil condition >>;on or in connection with the leased lac.d and that this lease is made subject to and w�tnout l:abll!-Vy be.causc: of or, resulting from any fill or any subsurface or soil condition, upon or in connection with the leased land. GC - Cowl Did 164 2. Prior to the commencement Of any grading, Lessee shall submit �zrading end drainage plans to the Lessor for its P-oproval as provided under Article IT hereof showing the existing torcrra hy, Proposed cut and fill and nronoseri ;lnishod ra(ie to;et:iF.!' 14W' celculatir.�.; of anticipated run- off and points of coot:entrrcicln. Guc11 (dust berret+ared and signed by licensed eivi l engineer. , sous re^ ^:. l:reParPd by a i>censed (so>] ) Prr..ireer r-r rr:olugir,L shall bF l7htv_Lr.ni: with such -rnding -and drainage t•I9!:n• �lil yr-7r{inS wpI'i: T:USi: bl; C:riOS.'l'i.i^•': under tat' supervision of e licensed �soilsj engineer. A finalcer) a: icett(ln of .grading operations by a rcr_o nized soil testing iabarr-: C1';; rust, be filed with the Lessor nrnn cr.•r g??Linn of the ,=radinrq • �:t'. ur?e ntle.l: nr1L dt'%El!1 r`." (jis,-nal•ce WFt.Er from the leased, 3• l an(, 'in to ad j:7inl!1T hand, tilt? 1PL::r?rl. 1''tnd will be Sr) Ufa.-led and drained as +_o c:.lirE the di.3aarge of all water on the. street adjoining the leased land, n rr into a i e tr'b�,.L:'>hed 1r31nafie C•a;;encnL•, if any,, on the leFtsed, land i . ?tl ':.ddltioTl L.; the ri•nL?t:. ? ebove provided, L( sseE shall r�', ;; •e,lts stnd other t r.r. •ii=:cn�x r-0E all ta:<r.•:i .�t?iiPr•.i l :Pa t•^•l.f'... Gt: toy of this 1Pase msy be .huge: •'Of .>,':WY ^escri_'t .. ... .. .: rr•;�t:::.=;t. I,irvi,(`d Ul> i'1 ^t P :.•^.S:c tl .. 2:L:."i'. tf,-� `^.c`;,t:' a!idrtld a,l intEreStS therein anri •ill innr,)verlet;'..s :,CI + Ot••" ,..Ii i:Y6;i .hr`r^0:1, *hCr•ln r' pelpn„3'n2 to, Lessor l a :'.r l;rl '.:!lUh nit:)<<?r ^f• �•:,tra 'C': bECO%.l:? liable i11 r0:1=-tien thc:r•eta, or ,iGr1.r., Lessee not :!Kier titan thirty ( :ti) !:• y :': 1 >u tie d�a.inr,,uenct d •te' thereon'.. hereby agrees: to _r rr tect and hni,: 1 ,ri: .^•rl e'•+ t•e noe and Lhe leaseri land Snd: al,l ilnprovevients in,. on or about. the st:r•1P from al.i liability- for an ar', all nuch taxes., asses,lrcntd and 'chat g^^. , zog-ther With. an,, inLnrPSt, Ylr!naltiCS . • '"' (other' sums therehy lT^:,'r1ed., :n:ld frc•" an,. 8Ri P or- r..t:l1d nrOCeeCl.i:nv to PnVorce n�r)7n•:?nt, there-of, ihl:-illy "aid -.r1:"n .,e=):%`.'=' "a.11 a-i""e all tare.^., f15SCri:i:I1.�rIl.F, and OtnS7' ct`Lrq(,z 1!:v;a•i ui% , or imrr od ur^n nnY CE CSpnal pr��erty sitand o in, an or, ntoiit tllrj lc•lsed land to be levied. or cszessed. senaratel^ from the 'teased. land end not an e. lien therecn. 2. All iiU4ll t.rlxr? Rnd S:S.^•CJurO^'1L':. .... trlr: f iI r:L and,,, if the T.,rssee is riot. irl deVailllt .;nd,?r t:tiii: the •eat !t•nr Of' this, lea;i'e shall ne prLt'aL�d be 'rC"ri the T•,?,;;o,r and � �•:::-:PE •),I the bisiS Of a t?:C f.:iCal. Year coirmenclny July ', and : idinr, :Tuns? •:U'. 3. If the le%ocd l an(! i _. , r•;<:Ear for 't.axnti.on -Pur:o::es With other lends of the Dlrs,gr, until t•hC iP r,`.l land is s^ :r—,tcly as neS.:ed, all real n^:tnte troves and 35..nSF.hdriL^rimI .)zvd the entire b.'(:c:k in Which the 1•P:i£erl l.t•nd ;e a pprt ;T.ral i. ht: ar^1•rt:•�d nrid the i.e..^t:ne :hnll nay that 'oor•tion t13ait the Urea of 'h.- lE!s::ied 1Gt)r1 r:r:'t•.:nd^r bC3t'•-: to the total aree of all. lard Within the GS'•3::1^. :,l }Ir, i:. GC - Com/Inti a64 li=:z 1 . ',e:see shall :'.r.:?r ^ine the avF:ilability of 3+nd shnil, at it: sole cr,:;t and ry, ense, cause Ln be ins t=:11ed in, on and =bout the leased land all facilities ncce-.%.snry 1.n 3Lt::: )y thereto Fl 1.1 w^.ter, .-iewaaf., i7aS, rlectricity, telcri!one 'irld other like ser,ices required in Lesnee's operations herqunder, and during the term hereof, Les ee ar;tees to ^ay all charges !]nd and to :,rrtect Lessor and said land therefrom. ext)enscs in cennec.Lion trlerewii.h 2, T,es::ee shall. not. enter inter ani con tract or agreement with any city, the County of Orangf-, or ,any governmental ailtncy or body or public utility with re£el*ence to sewer limes or connections, water lines or connec- including but not limited to curb. gutters, bons, street improvements, - a nark•ays. apd street 'ichtin3, �r u'..il`ity connection._, 1:ines or, earcment•s without the :riot writton cons:nt �:f Lr--:]ser, " - '.r{'0Y!!•,..!. 'III - Re-'nirs e.nd ?Inkeen . 1. Lessor shall. not be required or obligated to make any changes, althratiOT1.-;,. additions, imrrovem<_nts nr repairs in, on or about the leased Land! or my ;)art thereof, durir.= the term of this lease.. 2. - Pt all times daring said tern Lessee shall-,, at its cost~ and expense, keen and maintain said lard, and tall imr-rovements thereon and all. facilities aprurten^nt thereto in good order- snd repair end Safe CCtt1Q1L7OA,, arid, the, whole of said land, improvement thereto and lanascarinv thereon In. a•cl,earr, urin1Lary, orderly end attractive condition; and Lessee shall make any and all additions to or alterations or recairs in and about said land and the imsovemenLs thereon wnich may, be required by and shall other- wise observe and comply with all puoiic laws, ordina^.ces and. ndemnitions .from time to time applicable to e•cld. land; Lnd :,essne shall indemnify and Save harm Less Trassor agz.Inst ::,il !:C tiCsns, c'113-ims end damages by reason of hgp,ggp':i failure to comrly wltn an(L jJ(:rivrm the pr011314ons of the foregoing Article. •ter...�. _.ls.Jor'^ ..onlisbi:.LY essor .-,hell !!•): 'rn - : y T ally kind Or ::..^.araC:�:7- tC any ,`�:t'::^:! ':.!• �='ri:- afi:i l:!:: 7�rom any Use of The leased ia::d, Or (illy part i.^CT'�C` Cr (::U:ie( 'y .:any defnct in ally b'JilC lny, structure Or Other in:prnverr.?nt uner .eOn Or in atty eUUi-nment. or other facility therein, or caused by or rinintr ir•,rr. rarly net or omission of Less a ee, o]' of any of its. avLnt3, e^!Olc fC[':+. ?, 1CK:::•'.�.:, r)r i::vitCC.i, or by or from any accident GC - Com.'Ind io'• on said land or any fire or other casualty thereon, or occasioned by the failure of Lessee to maintain the premises in safe condition, or arising from any other cause whatsoever; and Lessee. as a material part of the consideration of this lease, hereby waives on its behalf all claims and demands against Lessor for any such loss, damage or injury of Lessee, and hereby agrees to indemnify and hold Lessor entirely free and harmless from all liability for any such loss damage or injury of other persons, and from all costs and expenses arising therefrom. ARTICLE IX Insurance 1. Fire Insurance. During-the period of construction of a ' building or other improvement on the leased land and a: B�- tin¢:_ thexaafter during the term hereof; Lessee shall keep the same insured against lcss or damage by fire, with extended coverage endorsement or its equivalent 1ri such responsible insurance companies as Lessee shall sei.9�^t a::d Lessor shall approve; and in amounts not less than eighty per cent (80//S) of the insurable value of the building and other improvements insured, with loss payable thereunder to Lessor and Lessee and to any authorized encumbrancer. of Lessee in accordance with their respective interests -therein as provided in this lease and in any written consent to such enclu prance- by the Lessor; provided., however, any such policy may provide that a loss of' less than $5,.000, .00 may be paid directly to Lessee and any authorized rem1ii raneer without the prior consent of Lessor. Lessee shall pay a- .i pre±aiwns and other charges in connection with such- insurance and from tims to time. shall deposit with Lessor the of the insurance carrier. aS to each policy of such insurance and satisfactory e:.idence of the payme:it Of prcmivrs and other, charges thereunder. SucJ7 insurance policies shall, con•L•ain an ex press waiver of any right of subrogation against. Lessor. 2. Liability Dasarance.. Lessee shall, at its cost and expense, at all times during the term of this lease, maintain in- force: for the joint benefit. of Lessor and. Lessee, a broad. form comprehensi,,re- coverage policy of public liability insurance by the: terms of which Lessor and Lessee are named as insured and are indemnified against liability for damage or injury to the property or person (including death) of any Lessee or invitee- of Lessee. or any other person entering upon or using the leased land.- or any structure thereon, or•any part thereof, and arising from the use and occupancy thereof.. Such insurance policy or policies shall be maintained on the minimum basis of $ 50,000.00 for damage to property and $ 100,OOO.AO -.ror• bodily injury to or death of one person and $ 300,000.00 for bodily, injury or death in any- one accident. Such insurance policy or policies shall be stated to be primary and non-contributing with any insurance which may be. carried by Lessor, and Lessee shall deliver to Lessor the certificate of each insurance carrier as ' to each such insurance policy. ARTICLE X Restoration 1. If during the term hereof any building -or improvement erected by Lessee on the leased land, or any part thereof. shall be damaged or destroyed by fire or other casualty, Lessee shall. at its cost and expanse, repair or restore the same according to the original plans thereof or to 5 - such modified plans as shall be previously approved in writing by Lessor, and such work of repair or restoration lossshall occursean commenced shall bewithin completed with hundred duesren-y (120) days after the damage or diligence but not longer than one (1) year after such work is commenced, and such work shall be otherwise done in accordance with the requirements of Article II of these General Conditions, and all insurance proceeds collected for such damage or destruction shall be applied to the cost of such repairs or restoration; and if such insurance proceeds shall be insufficient for said purpose, Lessee shall make up the deficiency out of its own funds . Should Lessee fail or refuse to make the repairs or restoration as hereinabove provided, or if the authorized encumbrancer of Lessee, if any, after thirty (30) days' written notice by Lessor, shall fail or refuse to undertake and complete such work on behalf of Lessee, then in either of said events such failure or refusal shall constitute a default under the covenants and conditions hereof and all insurance proceeds so collected shall be forthwith paid over to and retained by Lessor on its own account and i,csscr maJ; shall not be required to, use and apply the same for and to the repair or restoration of said lard; and Lessor may, at its option, terminate this lease as els=wrhere provided herein. 2. Iaotvithstanding anything to the contrary contained in the preceding paragraph, if during the last. five (5) years of the term hereof' any building erected on said land shall be damaged by fire- or other casualty an ifAthG cost of repairing or restoring the same shall exceed the insurance picPeGds payable for such damage, then Lessee shall have the option, to be exercised within thirty (30) days after such event, (a) to repair cr restore said Suilding as hereinabove provided, or (b) subject to the prior written consent of the authorized eiicumbrarcer., if any,, to terminate this lease: by written notice thereof to Lessor, which option to terminate shall. be condi- tioned as follows: (1) Lessee shall; at its expense, within ninety (90) days after the damage occurs: tear down and remove all parts of said building and other, irrprovements' then, remaining and the debris resulting from such fire or other casualty and otherwise clean up and restore the ieasna land, as far as practicable, to its original condition, free and clear of liens, and (2) within ten (10) days after the completion of said clean-up and restoration Lessee shall surrender to Lessor possession of said land, cleaned up and restored as aforesaid, and shall pay to Lessor any rent accruing to the date of such surre nder and Lessee's pro-rata share of .all unpaid taxes and assessments that. then shall have become a lien upon said , said lease premises . and (3) thereupon-, but not before such damage, to e, to terminate-.the extent The insurance proceeds collected an paid for es shall be applied to the cost of, such. clean-up available for said purposes) PP , av and restoration. and the unexpended balance, thereof,• if any; shall be re- tained, until the statutory period of filing liens after the completion of. said work of clean-up and restoration has expired and no liens have been filed or remain unsatisfied, and until Lessee has furnished to Lessor a certificate of a title insurance company doing business in Orange County, California., certifying that no liens have been filed or remain unsatisfied of record against the leased land; whereupon Lessor shall release to Lessee or its authorized encumbrancer, if any, all of Lessor's interest in any such unexpended insurance proceeds . ARTICLE XI Liens and Clains 1. Lessee shall not suffer or permit to be enforced against the _ o _ i • III_ leased land, or. any part thereof, any mechanical, materialmen's, contractors ' or subcontractors ' liens arising from or any claim for damage growing out of the work of any construction, repair, restoration, replacement or improvement, or any other claim or demand howsoever the same may arise, but Lessee shall pay or cause to be paid all of said liens, claims or demands before any action is brought to enforce the same against said land; and Lessee agrees to indemnify and hold Lessor and said land free and harmless from all liability for any and all such liens, claimns and demands, together with reasonable attorneys fees and all costs and expenses in connection therewith. IJotwithstanding anything to the contrary hereinabove contained in this Article XI, if Lessee shall in good faith contest the validity of any such lien, claim or demand, then Lessee shall, at i.ts expense, defend itself and Lessor against the same and shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against Lessor or the leased land, upon the condition that if Lessor shall require, Lessee shall furnish to Lessor a surety bond satisfactory to Lessor in an amount equal to such contested lien., claim or demand indemnifying Lessor against liability for the same, and holding the leased land free from the effect of such lien or claim or if Lessor shall request, Lessee shall procure and record the bond provided for in Section 1193-2 of the California Code of Civil Procedure, or any comparable statute hereafter enacted providing for a bond freeing the leased-land from the effect of such lien or claim or action thereon. 2. Before the commencement'of any work of construction of any building, structure or other improvement on the leased land, or of any substantial repairs, alterations, additions., replacement or restoration in and about said premises as herein provided,- Lessee shall give to Lessor written notice thereof, specifying-the nature and location of the intended work and the expected date of commencement thereof.. At. the request of Lessor, Lessee shall, prior to the commencement of any such work, deposit with Lessor a certificate or other evidence satisfactory to Lessor that Lessee has furnished a bond or that Lessee's building contrac.tor, if any., has furnished a bond in favor of Lessor, with a surety approved by Lessor, guaranteeing the completion. of said work free and clear of all subcontractors', mechanics' and material- men's liens. Lessor reserves the right at any time. and from time to time to post and maintain on said land such notices as, may be necessary to protect- Lessor against liability'for all such liens and claims. ARTICLE XII LELUsor Paying Claims In the event Lessee shall fail to pay and discharge or cause to be paid and discharged, when due and payable, any tax, assessment or other charge upon or in connection with 'the leased land, or any lien or claim for labor or material ,emp'loyed or used in or tiny claim for damages arising out of the construction, repair, restoration,. replacement, maintenance and use of said land and the improvements thereon, or any judgment on any contested lien or claim, or any insurance premium or expense in connection with said land and improvements, or any other claim, charge or demand which Lessee has agreed to pay or cause to be paid under the covenants and conditions of tnis 'Lease, and if Lessee, after thirty (1,0) days' written notice from Lessor so to do, shall fail to pay and discharge the same, then Lessor may, at its option, pay any such tax, assessment, in,-.rance expense, lien, claim, charge or demand, or settle or discharge any action therefor, or judgment thereon, and -7- GC - Ccm/Ird 164 all costs, expenses and other sums incurred or paid by Lessor in connection with any of the foregoing shall be paid by Lessee to Lessor upon demand, together with interest thereon at the rate of seven per cent (7%) per annum from the date incurred or paid, and any default in such repayment shall constitute a breach of the covenants and conditions of this lease. AP.TICLE XIIT Assignments and Subletting 1 . Lessee shall not encumber, assign or otherwise transfer this Lease, or any right or interest hereunder, or in or to any of the• improvements that hereafter may be constructed or installed on the leased land, and Lessee . shall not sublet said premises in whole or in part without the prior written consent aild approval of Lessor-. No such encumbrance, assignment or other transfer, whether voluntary or involuntary, by operation of law, under legal process, through receivership or bankruptcy, or otherwise, and no such sub- letting shall be valid or effective without such prior written consent and approval. Should Lessee attempt to make or suffer'to be made any such encumbrance, assignment, transfer or subletting, except as aforesaid, or should any right or interest of Lessee under this lease be attached, levied upon or seized under legal-process and the same shall not be released within, _ ten (10) days therefrom, or should a receiver be appointed to take. possession . of the leased land or' the operations of Lessee thereon, or should Lessee be adjudged bankrupt or insolvent, and Lessee shall not have been discharged therefrom within thirty (30) days, then any of the foregoing events, shall. be deemed a breach of the conditions and restrictions of this lease, and thereupon Lessor may, at its option, terminate this lease forthwith by written notice, and upon such termination this lease shall cease and end and thenceforth be of no further force or effect, except as hereinafter otherwise provided.. Should Lessor consent to any such encumbrance, assign-, . went, transfer or subletting, none of the restrictions of this paragraph shall be thereby waived, but the same shall apply to each successive encumbrance, assignment; transfer or subletting hereunder, if any, and shall be severally ' binding upon each and event' encumbrancer, assignee, transferee, subtenant . and other successor in interest of, Lessee. 2. If the Lessor consents to an assignment or transfer by Lessee on all or a portion of Lessee's interest under this lease, Lessee shall pay, or cause to be paid, a transfer fee of $> 100.00; provided, however, that such transfer fee shall not be payable ur/)n Lessor's consent to a transfer or assignment of Lessee's interest hereunder as security for a loan. Gc - com/Ind 164 XIV .iotSI4 ',hstLndinE: the i .'+•+; . . ... f,+1 art:Cle xT_ll above, if ren4erted by Lessee, Lessor apre-•s to execute itt, consent to an assignment of this lease tU a trustee tinder a dizea of ..nisi 0-erein called "trust deed") for the benefiL of a Lender (herr '.!, cal]=.-n "e:+caw bracer"), upon and subject to the foliowing Cov.^,21ants and CC,:r11 i_tiiC. C (a) Said trwit dee:i ana all' rigcts acquired thereunder shall be subject to each and all of the covenants, conditions and restrictions set forty, in this lease and to .all runts and interests of the Lessor hereunder, except as heretn otherwise provided; (b) In the event of a:iy'couflict between the provisions of this.lease and the provisions of any Bach trust deed, the provisions of this lease shall control; (c) The prior written consent of Lessor shall not be required: (1) To a transfer of «bf:e lease at foreclosure sale under the trust deed, juaicial foreclosure, or an assignzaent in lieu of foreclosure:;_ or' (2) `Do any suubsequenr. transfer by the encumbrancer if the encumbrancer is an established bank, savit.gs and loan association or insurance company, and is the purchaser at su,h fcreclo&ure sale; provided that In elther such evert t a encumbrancer forthwith gives notice to the. Lessor in'writing of any r.,,)ch Lra.nsafer setting forth the, name and address of the traxisferee, ' the a t'rs:Live dune of such transfer and the express agreement of 'the transferee aszuming ana agreeing to perform all of the obligations under this lease; together with a copy of the document by which such transfer was made; and- the payment to Lessor of a transfer fee of $25.00 in lieu of the transfer r".ee as provided under .'-iticle XIII- above. Any transferee under- the provisions of subparagraph (a) (1) above shall be liable to perform the obligations of The Lessee under this 'lease only so long as such transferee holds titli• to the l.easetiol.d, Any subsequent transfer of the leasehold 'hereunder shall. not 'be made without .the'prior written consent of the Lessor and shall. be siibjecu to the conditions relating thereto as set forth in Article kill above. (d) Upon and ilmnediaLe1y after the recording of the' trust deed, Lessee, at Lessee's expense, snail cage to be recorded in the. office of the Recorder of Orange County, California, a, written request executed and acknowledged by Lessor for a cony of any notice of default and of any notice of sale under the trust deed as nrOVIded by zi:e atatut:es of the State of Calif- ornia relating, thereto. .M.incurrentiy wiL!i the execution of said consent Lessee shall furnish to Lessor comp ete con: of the trust deed and note secured thereby, together with the name and address of the holder thereof. No such encumbrance shall be ve.ltd or effective unless and until Lessor shall execute its written consent, to<r:La As '-ereinhoove in this Article XIV provided. Lessor agrees that it. �:,Ul no-. terminate this lease because of any default or breach hereunder on the r"irt. (if I.e Ssee if' t!ie encumbrancer tinder such deed of trust, within sixty (60) r1a;:a hater service of written notice on the encumbrancer by Les-.or r_.0 its intention to terminate this lease for such default or brea:r_, shall (i) ,r ure,-ch -it' the S=. - can be cured by the payment or ;f rnr"-4 to be U4fd willer tr,e terms W. - rOT^,/I nd -,Q of this lease, •or if such default or breach is not so curable, cause the trustee under the trust deed to commence and thereafter to diligently pursue to completion sto d proceedings deedfor the mxannerser provided byof the powlaw,, and sale under and pursuant (2) Keep and perform all of the covenants and conditions of this lease requiring the payment or expenditure of money by Lessee until such time as said leasehold shall be sold upon foreclosure pursuant to the trust deed or shall be released or reconveyed thereunder; il provided, however, andtall of the thelconditions of this deed paragraph,�athenrandrefuse to comply with any thereupon Lessor shall be released from the covenant of forebearance herein contained. Any notice to the encumbrancer provided for in this paragraph may be given concurrently with or after Lessor's notice of default to Lessee as hereinafter provided in Article, XV. ARTICLE XV Termination Should Lessee (a) fail to pay or• cauzetcr be paid any tax, assessment, insurance premium, lien, claim, charge or demand herein provided to be paid or caused to be paid by Lessee at the times. and in the manner herein provided;. or (b) should Lessee default in. the payment of any installment of rent or any other sum when due as herein provided; or. (c) should Lessee fail to -commence on to complete the construction, repair, restoration or- replacement of the building and other improvements in and about the ss fail tope times and in the manner herein provided; or (d) should Leee commence and thereafter to continuously conduct its operations thereon within the times and in the manner herein provided; or (e) should Lessee, fail to use,, maintain and operate, the premises as, herein{. required;- or (f) should Lessee default in the performance of or- breach any other covenant, condition or restriction of this ].ease herein provided. to be kept or perform ed by Lessee; and if any such default or breach (other than any breach of the restrictions of Article XIII hereof for which, immediate notice of termination may be given) shall continue uncured for a, period of thirty Lessor,: days from and after service upon Lessee of written notice thereof by Lessors then and in any such event, Lessor may, at its option, terminate this lease by giving Lessee written notice thereof and thereupon the rights of Lessee in and to the leased land and all improvements thereon shall cease and end, and Lessor may, without further notice or demand or legal process,• re-enter and take possession of said land and all improvements thereon and oust Lessee and all persons claiming under Lessee therefrom, and Lessee and all such persons shall quit and surrender possession of said land and all improve- ments thereon to Lessor. ARTICLE XVI Removal 1. Upon the expiration of the term of this lease or any earlier -10- GC - Com/Ind 164 . termination thereof, Lessee shall surrender to Lessor possession of the leased land and all improvements constructed and installed thereon; provided that if Lessee shall not then be in default under any of the covenants and conditions hereof,. Lessee may remove or cause to be removed all movable furniture, furnishings and equipment installed in the buildings on said land. Any of said personal property that is not removed from said premises within ' thirty (30) days after the date of any termination of This lease etion tthereafter shall belong to Lessor without the payment 2. Upon the expiration of the term hereof, or any sooner termination of this lease., Lessee agrees to execute, acknowledge and deliver to Lessor a proper instrument in writing, releasing and quitclaiming to Lessor all right, title and interest of Lessee in and to the leased land and ali improvements thereto. ARTICLE XVII Payments and Notices All rents and other sums payable by Lessee to Lessor hereunder shall be paid to Lessor at its business office at, 13C42 S: W. Myford Road, Irvine, California, or at such other place. as Lessor may hereafter designate in writing. Any notice to be given by either, of the parties hereto to the: other hereunderbeade esited in the United Statd. in, person to e to s mail in the State�ofrCalifornia:, Lessee, or may Po duly registered or certified with postage prepaid, and addressed to the. party for whom intended as follows: To Lessor at. its said business office, and to Lessee at the leased land, or at. such. other address as either of the parties hereto may hereafter designate in writing., Service of' any such written, notice shall be deemed complete at the time. of such personal delivery or within two (2) days after the mailing thereof' as hereinabove provided. If more than 'one Lessee is named under this lease, service of any notice upon any one of said. Lessees as herein• provided shall be deemed as service upon all of said Lessees,. ARTICLE XYIII Eminent Domain 1. Definition of Terms. The term "total taking" as used in this Article means the taking of the entire leased land under the power of eminent domain or a taking of so much of said land as to prevent or substantially impair the conduct of Lessee's business thereon. The term "partial taking" means the taking of a portion only of said land which does not constitute a total taking as above defined. 2. Total Taking. if during the term hereof there shall be a total taking by public authority under the power of eminent domain, then the leasehold estate of Lessee in and to the leased land shall cease and terminate as of the date the actual physical possession thereof shall be so taken. -11- GC - Com/Ind 164 3. Partial Taking. If during said term there shall be a partial taking of the leased land, this lease shall terminate as to the portion of said land taken upon the date upon which actual possession of said portion of said land is taken pursuant to said eminent domain proceedings but said lease shall cont i m'•: 'ti f-rcr, and effec`,. as to the. remainder of said land. The basic rent;,). ° :,yablo : e for the balance of said term shall be abated in the rat.!-) th::t l.'C: s..ouore i'ooLage ground area of the leased land taken bears to the total ground area of said land at the time of such taking. 4. Allocation of Award. All compensation and damages awarded for the taking of the leased land or any portion thereof shall, except as otherwise herein provided, belong to and be the sole property of Lessor, and Lessee shall not have any claim or be entitled to any award for diminution in value of its leasehold hereunder or for the value of any unexpired term of this lease; provided, however, that Lessee shall be entitled to any award that may be made for the taking of or injury to Lessee''s improvements, or on. account of any cost or loss Lessee may sustain in the removal of Lessee.'s fixtures, equipment and furnishings, or as a result of any alterations, modifications or repairs which may be reasonably required by Lessee in order to place the remaining portion of the leased land not so condemned in a suitable condition for the continuance of Lessee:'s tenancy. 5. Effect of Termination. If this lease is terminated, in whole or in part, pursuant. to any of the provisions of this Article, all rentals and other chargespayable by Lessee to Lessor hereunder and attributable to the leased land taken, shall be paid up to the date upon which. actual physical possession shall be taken by the condemnor, and the parties shall thereupon be released from all. further liability in relation thereto. 6. Voluntary Conveyance. A voluntary conveyance by Lessor to a public utility, agency or authority under threat of a taking under the power of eminent domain in lieu of formal proceedings shall, be deemed a taking within the meaning of this Article. ARTICLE XIX Remedies 1. Any.termination of this lease as herein provided shall not rel=eve Lessee from the payment of any sum or sums that shall then be due and payable to Lessor hereunder or any claim for damages then or theretofore accruing against Lessee-hereunder, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessee for any default thereunder. All rights, options and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be pro- vided by law, mhether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants, conditions or restrictions of this lease shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition or restriction herein contained. -12- GC - Com/Ind 164 2. In the event either Lessor or Lessee shall bring any action or proceeding for damages for an alleged breach of any provision of this lease, to recover rents, or to enforce: protect or establbe ish any toright or recover remedy of either party, the prevailing Party as a part of such action or proceedings reasonable attorneys' fees and court costs. ARTICLE. XX Holding, over This lease shall terminate and become null and void without further notice upon. the expiration of the tern specified, and any holding over by Lessee after the expiration of said term shall not constitute a renewal hereof or give Lessee any rights hereunder or in or to the leased land, except as mther-wise herein provided, it being understood and agreed that this lease cannot be renewed, extended or in any manner modified except in writing signed by both parties hereto. ARTICLE XXI Construction and F.ffe¢t Time is of the essence of this lease. Each and all of thefcove- nants, conditions and restrictions hereof shall be deemed as running with the land and shall inure to the benefit. of and shall be binding upon the successors in interest of Lessor, and subject to the restrictions of Article XIII hereof, the authorized encumbrancers, assignees, transferees, subtenants, licensees and other successors in interest of' Lessee. In this lease the neuter gender includes the feminine and masculine, and.the singular number includes the plural wherever the context so requires. The article and paragraph headings in the Ground Lease and these General Conditions ere used only for the purpose of convenience, and shall not be deemed to limit the subject of the clause or to be considered in the constructions thereof. If the I•essee hereunder is a corporation or an unincorporated association or a partnership, the transfer, assignment or hypothecation of any stock or interest in said corix)ratior., association or partnership in the aggregate io excess of twenty-five per cent (25%) shall be deemed an assignment within the meaning and provisions of Article XIII hereof. A transfer or an assignment of any such stock or interest to a shareholder's or memoer's spouse, children or grandchildren is excepted from the provisions hereof. If more than one Lessee is named under this lease the obligation of all such Lessee:. hereunder ahali be and is ,joint and several. t lj_ t� ARTICLE XXII Arbitration_ IY arbitration is required to determine and fix the fair market value of the leased land or of the leased land and improvementss- thedraesopriorhto arbitration the steal tion be conducted in the following manner: Within sieriod thereafter, Lessor shall appoint of the initial rent period and each succeeding p in writing an arbitrator and give written notice thereof to Lessee,appoandln tan atbitra- en (10) days after the service of such notice, Lessee shall in like manner failure of for and give written notice thereof to Lessor, or in case of the Yiiltoethe Superior party hereto so to do, the other party shall have thet an right atorto apply t the default- Court of Orange County, California, to pointed (in either manner) shall select and ing party. The two arbitrators thus appointed appoint in writing a third arbitrator and give written notice thereof d. Lessor end Lessee, or if within ten (10) days after the appointment of said parsecty hereto shall the two arbitrators shall ha l fail ion ttos appoint a aid Superior third, to appoint then either psuch third arbitrator. the right The three arbitrators so appointed (in either manner) shall promptly fix a convenient time and place in the County of Orange for hearing the matter to be arbi- trated and shall give written notice thereof to each party hereto at least five (5) days prior to the date so fixed, and said arbitrators shall with reasonable diligence hear and determine the matter in accordance with the provisions hereof and of the statutes and judicial decisions of the State of California at the time applidable cause a cop thaneoY to bexecute delivered to each ofethe their partiesaward hereto. � siting a copy The award of a majority of said arbitrators shall determine the question arbi+rated, and a, judgment may be rendered by said 'Superior Court confirming said award, or the same may be vacated, modified or corrected by said Court, at the instance of either of the parties hereto,. in accordance with the then existing statutes of the s of which statutes shall State of California applicable to incorporated rbitio s., the provision appl,v hereto as fully as though n. If two of the three arbitrators first appointed. as aforesaid shall fail to reach an agreement in the determination of the matter in question, the same shall be decided by three new arbitrators, who shall be appointed and shall proceed in the same manner as hereinabove set forth, and said process shall be repeated until a decisio is finally, reached by two of the three arbitrators selected. Each of the parties hereto shall pay for the services of its appointee and' one-half of the fee charged by the arbitrator selected by their appointees and of all with the exception of attorneys fees and witness fees other proper costs of arbitration, _14- ! GC - Com/Ind 164 t• 41 92.6� 9 107 ,; :685 VIII .N RL•CO'.:DLD 'MAIL TO. AECOR DED AT REQUEST OF SECU21TY TITLE fIS.CO. $6.80 IN oFF;CIAL ^eCO-•C3 OF �i. i ^.S �GTpOrl,ti0i1 LJVIYLI�E�MILYLEj, A :: COUNT 1', CALIF. _Ol itch Street a i�rt each, California .� G1.! OCT 5 1969 County .recorder • Space above this line for Recorder's use. ASSIGNI``.E".l%T (Individual) For valuable consideration, receipt of which is hereby acknowledged, the undersigned '„ILL-ARD S. VCIT, a single man do(es) hereby transfer and assign to ` ';z%TICNAL SYSTE'NS CO?PO^.A'fION, a California CaIJOFJ�l Zn title and interest of the undersigned., as lessee in and under that certain lease to the real property described 1 below dated May 49 1'965 by and between The Irvine Company, a West Virginia F� corporation, as lessor, and ;•.1ILLARD D. VOIT 'S \+. as lessee, a Short Form of which lease was recorded Mny 5. 1965 in Book 7509 Page 960 of Official records of Orange County, California, R�• which lease was• assigned by the said lessor to the IRVINE 11MUSTRIAL COMPLEX, who is now the owner of the land described below.: Lot 7 of Tract No.. 5169 Rif�own on a map recorded in Boole 190 Pages L1, 12, 13 of Miscellaneous 1-laps, records of. Orange County, California. TOGETHER WITH all buildings and other improvemants on said premises., SUBJECT TO: Covenants,, conditions; restrictions., rights and rights of way of record. or. apparent. DATED:; May 1.1. 1969 Assignor 4,WlilladVoit Assignor STATE OF CAL -rORNIA ) COUNTY OF � �'7 �, S5. On /' ,Y / > before me, the undersigned, a Notary Public in and for said Cou : State, personally appEared i•:illard S. Voit known to me to be the person_ whose name is/=subscribed to the within instrument and acknowledged that he_ executed the same. WITNESS my hand and official seal. NOTARY PUBLIC in and for said w RUTH ANN OSDICK County and' State. - NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN DRAN4t COUNTY RUTH ANN OSDICK IIC - Indiv. 9/8 MY Commission Expires Feb. 14, 1971 f. 9107 I;: 686 ` 7 AC9-;?a4NCE AUND AGREE2 x The undersigned corporation as assignee named in the foregoing assignment hereby accepts said assignment and heresy agrees with and for the benefit of IRVINE INDUSTRIAL COMPLEX, a California corporation, as lessor under the lease described in per ar_d be bound by all of the terms, covenants, and said assignment, to keep, p conditions contained in said lease on the part of the lessee therein to be kept and performed, to all intents and purposes as though the undersigned assignee was the original lessee thereunder, and hereby assumes and agrees to pay and perform all obliga- tions secured by any deed of trust described in said assignment, Lessee agrees riot to permit any person to occupy the leased premises without the prior wr'tten consent of Lessor. Dated: May 1, 1969 i! TIC:;AL SYSTEMS COF.PO %TIC`! orpo(C i /� ' Address:4401 Birch Street Newport Beach, 4:�6 California y Assignee] STATE OF CALIFORNIA ) as COUNTY OF ORANGE ) On May 5 1959 _, before me, the undersigned, a Notary Public in and for said County and State, personally appearedJ. J. McNaughton known to me to be the President, ;M& c.of the. Gorporation U2 t executed the within instrument, known to me to be the persons who executed the within r_+•strument on behalf that such corporation executed of the corporation therein named, and acknowledged to me the within instrument pursuant and: official seal,or a resolution of its board of directors. i WITNESS my hand RUTH F ( I� NOTARY PUBLIC in and for said. -5 County and State.. i om. NOTA@YPUO(IC-CAI FORiaAi RUTH ANN OSDICK L OFFICE IN PRI14CIPA O'AaGE COUNTf. My Commission Expires Feb. 14,E 1971 CONSENT t I The, undersigned_; IRVINE' INDf7STRIAL. COMPLEX, a California corporation, lessor under the lease referred to in the foregoing assignment, hereby consents'to such assign- ment without, however, waiving the restrictions in said lease with respect to future assignments thereunder, and hereby releases the assignor., WILLARD S. VOIT as lessee of said lease, from any and all further obligations thereunder and hereby accepts the assignee NATIONAL SYSTEMS CO TION us na/ as lessee under said lease, to all intents and purposes as .sai ee was the original lessee 1 -O I thereunder. c � { INCO �_ TRIAL-COMPLEX'; Dated: May 28, 1969 �- APRiL 27, BY ) _ ASSISTANT Secretary STATE OF CALIFORNIA ) as 'LIFO?, COUNTY OF ORANGE ) On Mar 28 1969 , before m +�1}yiUripd,;/q���jgt y/Public in y (//,1/J 1�1(V ?V wn to me and for said Count and State, personally appear to be the S&'Crg� of the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that such corporation executed the within instrument pur- suant to its by-laws or a resolution of its board of directors. WITNESS-n-y_hand-and-_official, seal. OFFICIAL SEAL r _��"r•, LOLA LEE MIDDAUGH Y g� C 3n and NOTARY PUBLIC—CALIFORNIA � ' 'TI PRINCIPAL OFFICE IN County and State , GRANGE COLINTY - 1 NOT d for IIC - Corp 2 7- -------Expires March - - --- y (y�1.11 )2 cg2 Z / soox 7469 IACE 1 rtE ;DED AT REQUEST OF ' "` • I ine Industrial Complex IN OFFICIAL RECCROS OF When recorded mail to': ORANGE COU?IfY, CALIF 1Rv.J=Z U,JSTRIAL CONIWX APR 2 3 37 PH '65 P2.80 I J. W Y U E ,;;,RLYLE P. 0. BOX 100 C 2 COUNTY RECORDER IRVI iE, CALDIORNIA Space above this line for Recorders use only GROUND LEASE (Short Form - Memorandum THIS LEASE, made as of the 1st day of April.,. 1965, by and. between IBVINE INWSTRIAL COMPLEX, a California. corporation, with, its principal office located at 13042 S. W. Myford Road, Irvine, California, hereinafter referred to as "Lessor" and ArLIONAL SYSTEMS CORPORATION', a California. corporation, with its principal office located at 941 North Highland Avenue,, Los.Angeles, California., herein referred to as "Lessee,," WIT3E. S S' ET' H' : 1. Lessor does hereby lease to. Lessee at the rental and upon all of the terms an& conditions set forth. in, that- certain. lease of even date herewith- between •`.he parties hereto., which by this' reference,is' incorporated. herein,, all, that certain real, property situated,in.the county- of Orange,- State--of California., particularly described, aa: Lots 8 and. 9 of Tract 5169,. as per map- recorded in- Book 19G., pages 17, 12 and, 13, inclusive„ of Miscellaneous: Maps.,; in the office of. the, County,.' Recorder, of ,said County; RESERVING unto the, Lessor,, its successors: and -assigns, an. easement for pipelines and, polelines in,. under:,. Over and. along the, Northwesterly 6.00 feet. thereof.; SUBJECT TO: a) Taxes- for the fiscal year. 1964--1965 and assessments.; b) Covenants., conditions, restrictions,, reservations, rights and rights of way of record, or apparent; {hereinafter, referred to as the. "leased land.")., 2. The term cEthis lease. is for the term of fifty-five (551 years, commencing on the 1st day of April, 196g, and ending on the, 3lst day of tGarch, 2020, subject, however, to earlier termination as provided in the aforementioned, incorporated lease. 3. The aforementioned incorporated lease provides among other thinks that the Lessee hereunder shall pay all or some portion of all taxes, general erd special assessments and other charges of every description which during the term r. ', • • BOOK7469 mcE712 of this lease may be levied upon or assessed against the leased land and all interest therein and all improvements and other property thereon, whether be- longing to the Lessor or Lessee. 4. Should there be any inconsistency between the terms of this instrument and the lease incorporated herein, the terms of the said incorporated lease shall prevail. IN,WITNESS MREOF, the parties hereto have caused this instrument to be executed, Lessor by its officers thereunto duly authorized and its corporate seal affixed as of the day and year first above written. IRVM INDUSTRIAL COMPLEX NATIONAL SYSTr"I.,,S CORPORATION C' ; . / y - President n, By By Secretary '•; ' • . : ' �'. < ✓ .... ;. "Lessor."" Lessee ' ':,,:,,.,,.•. � Y C STATE OF T.ALIF'ORN]A ) ss 'CA•t�,T ,OF.•ORhNGE ) On MAR 31 19F ,, before me, the undersigned. a Notary Pu 11c. in and for said County. and State, personally appeared JOHN F. P109TER' known to me to be the President,. and. L. E: EBERLING' , known to me to be. the, Secretary of II2V32E INDUSTRIAL COMPLEX, the. corporation that executed the within instrument and known to me to, be the persons. who: executed. the within instrument. on behalf of� said. corporation,, and acknowledged, to. me that said corporation executed the, within - instrument, pursuant to its By-Laws or, a resolution. of its. Board. of Directors.. «.....«.»..»«....««...«.....«. hand. and official. seal'. CLARICEV:hAEGARD Nchry Public , 1 oar Simi: .f-CaliforniaPrric! --A offie in T �^ .�.......... ......... .°`;....bounty NOTAR ». ... -� Y RUBLIC- in. and for Said, County' and, Stata., MyCommissiomExpires,Oclaber19, 1965 STATE: OF CALIFORNIA � as, COUNTY.' Or 01 On 791u ,r% 3e tf 5 , before me, the updersigned„ a. Notary Public in and for said County and State:, personally appeared //, t, �/110 I. . !"ice ,• knoim to me to be the Presider , and -• •.,•c.. - . �.^��- , knom to me to be the Secretary, of NATIONAL. SYSTENIS- CORPORATION; the corporation that executed the within instruatent and known to me to be the persons who executed the wi'whin instrument on behalf of said corporation,, and acknowledged to me that said corporation executed the within instruct nt pursuant, to its By-Laws or. a resolution of its Board of Directors. WI^Ii OSS my hand and official seal. ...................................................._ NOTARY Y'U25L1C• in and fpr said JEANNEI SANFORD � County and State. Notary Public Stott of Californls i Prin' ipal Office In My Commission Expires February 9, 1pol , Orange Count/ .....».....•.............................«....«»..+i . , 1 rL 1 3-29-65 GROUND LEASE THIS LEASE, made as of the Ist day of April, 1965, by and between IRVINE INDUSTRIAL COhIFLEX, a California corporation, herein referred to as "Lessory" and NATIONAL. SYSTEMS CORPORATION, a California corporation, herein referred to as "Lessee," WITNES' S' ET' H :. 1. Leased, Land:. For, and in, consideration. of the payment, of neat, taxes and other charges, and of' the performance of all of the, covenants and conditions of this lease by Lessee, Lessor hereby leases to Lessee that .certain parcel of land situate& in the City of Newport. Beach, County of Orange,; State oi? California,. rt described as follows: Lots. 8, and. 9 of 'Tract 5169,, as per map recorded in Book 190.. pages. 12, 12 and 13,. inclusive,, of Miscellaneous Maps, in.the office of the: County Recorder of, said County, RESERVING unto the- Lessor, its: successors and assigns,, an. easement for pipelines and poleliaes, in,. under,: over, and. along the. Northwesterly 6.00 feet thereof;, SUBJECT TO:. a Taxes for the fiscal_ year. 19641.965 and. assessments;. bi Covenants, conditions, restrictionsy reservations, rights, and, rights of way of record, or, apparent; (hereinafter referred to .as the "leased. land."')., 2. Term of Lease, Said land is leased for the, term of fifty wive (55) years commencing on the lst day of April, 1965, an& ending on the 31st day of March., 2020; subject, however, to earlier termination as hereinafter provided. 3. Rental: Lessee agrees to pay to Lessor as rental for the use and occupancy of the leased land under this lease the following sums, subject to adjustment as hereinafter provided: r • a) Basic Rental: The sum of One Hundred Ninety-eight Thousand Dollars ($198,000.00), payable in equal annual installments of Tree Thousand six Hundred Dollars M,600.00) each, in advance, commencing on April 1, 1965, and continuing thereafter on or before the 1st day of April of each year during the term of this lease until the entire su-n is paid in full. b) Adjusted Rental: Upon the expiration of the fifteenth year of the term of this lease and each tenth year thereafter, the annual rental shall be adjusted to a sum, equal, to six per cent (6p) of., the then, fair market, value of the leased land (exclusive of Lessee's improvements thereon) and thereafter during the remainder, of said term,, Lessee shall. pay to Lessor such. rental as so adjusted at the times, and in the manner, hereinafter, provided. in no event shall the rental: as determined by this provision be less than Three Thousand. six Hundred Dol'l:ars 43,6o0'.00) per year. If upon the expiration of said fifteenth year and any tenth year, thereafter the parties hereto• have failed to agree upon. the fair market value of the leased land, then and there, upon such values shall: be determi.ned.by arbitration, as, provided under Article: lOCt> , 'rrbitration" of the General. Conditions attached hereto, and made. a, part: hereof.. DF. Uses and Purooses:, During the term hereof, Lessee shall. use: and occupy the leased land for the construction,, maintenance and, operation of' an office building with inside, storage,, incidental private o�T-street, automobile parking, appropriate landscaping and planting and other facilities incidental. to such use aid purposes, and for such. other- similar use and.purposes as. shall. first be approved in, writing by Lessor... 5. Additional Requirements: In addition to, the other covenants and conditions to be performed by Lessee, hereunder as La, material part of the con- sideration for this lease, Lessee agrees to: a) Install or cause to be installed at. Lesseela sole cost and expense, and upon request of Lessor, a standard four-foot sidewalk within the public right-of--aay along Birch Street immediately adjacent to the leased - 2 - . n . land to the plans and specification of the City of Newport Beach, for the im- provement and development. of said street; b) Reimburse Lessor, upon execution of this lease, the snn of $2,000.00 as Lessee's proportionate share of. offsite underground electrical and telephone lines to which the Lessee may connect and receive service. 6. General Conditions: The General Conditions to Ground Lease, attached hereto, are by this reference incorporated herein and made a part. hereof.. IN' WITNESS WHEREOF the parties hereto have caused this instrumeat. to be executed, by their officers thereunto. duly authorized, and, their corporate seals to be affixed. as of the. day, and year first above written... IRVT@IE.. INDUSTRIAL CQMFLEX. NATIONAL YSTEMS, -�CORFORATION�. / By. PresidentBy- s .. • -Se cretary "Lessee' "Lessor"' -3- GM ERA.L CONDITIONS To GROUND M5E The following General Conditions are incorporated in and made a :'part of the foregoing lease as though fully :set forth at length therein, to wit: '. ? ARTICLE I Lessee's Operations _ During- such term the 'leased land and•all improvements const_ucted' ' and rcintainecl thereon shall.. be used by the Lessee 'for the use specified and-.for. no other use-or. purpose. Lessee shall not use -or permit any other.• ;?:.".. • i'parson to'use•said premises; or any past thexzof, for any purposes tending :,;moo• in sure, the reputation thereof or for any. improper' or, o££ensive use or to . constitute a nuisance; and Lessee shall. at all times 'during said term confo= to and• cause all Persons using or, occupying any past of said premises' to ;C y'wlth e71 public••lawsp ordinances and regulations from time to time ::'applicsble:.thereto and to all..-operations thereon: ARTICLE II • Lessee's Improvements, Lessee. shall. diligently prosecute the work on any building ' snd. i�rlrovement to the. Teased. land (hereinafter ref^erred to as tsaid. improve n znts",) to completion and. snal]•.complete the. same and.otherwise ms�:e: s^id �Prov ments ready for.use: aud. operation. on or'before eighteen the months • from the.date of this lease:, •=' Lessee shall fail:. 'o complete the construction of 'said improvements in' the maxuier. Provided. is •this•lease- within -said time, .t fa;lure shall constitute- a,material:failure, of consideration hereunder : cnd•a:b-reach of'the covenants and conditions' of, this -lease,,, provided, howaver•, w.at' the da'ye..specified, for the completion of said improvements sha17 be: r<;; 'ea:tended'for so,.long as Lessee shall, be prevented from:-cOPPleting v saaae. .• , "<<:b ; of.' God; or other'unavoiaable accidents. or interferences aciss beyond =' he li:ric3 of reasonable control' of Lessees'bvb6. in, no. event to. exceed t •''••.tir1 C:.•.� one (L) year, , 3e£ore Lessee; commences the constz�uction.o? said.•improvements or• �y oaz-t.'thereof.' Lessee•,sha11 deliver ta 'Lassor £ox 'ita 'approval. trap '(2') ! corsrxlete sets of construction plans and specifications for the. exte�ior of s td •fuPxovements,. prepare&by a. licensed architect or licensed. engineer .' ;; iaciudin�; but not limited. to; gra g, and. drainage plans and soils report as gcovided: under. Article•-IV,.hereinbelow,; a plot'plan, showing the proposed ,location of said improvements Fo l utilities and. service co.�nec'cions end s ".eIT Places of ingres's 'an(1", ess to public streets and roads and plans for 11 outdcor sipis,.,lighting• and.landscaping: • If' approved, such, arkrov l 's't in ba e:dorsed.:by Lessor, upon said.-plans, specifications and Plot, plan taithin ; ,•: tY:irhy (30) drys from the, receipt thereof.', one (1•) set o£ w»ich shall be 'c.ined by it• T3 Lessor does not approve, such •platis and s:zci£ications, .: •Itissor s•'nall within thirty- (30). days from the receipt' thereof not'Y Lessee ' of its reasons for not approving said plans and specifications.. " 2: 'Sto structure or other improvement, the clans, spac:.fications prorosed location of vinich have not first, received the, written apwoval ;o£ Lessor or ,inch does not comply with such approved plans, specifications rnd locations, shall be constructed or maintained on the leased lard• NO -erizl addition to or alteration of any building or structure elected on . : iorx the leased land shall'be co-nnericed unlesdition or ald until roer tiondshallyhaveybeen -. £ the o sed ad • exterior o x Po „he per r P e�in eX'' covering 1 . GC - cc-iftnd 462 first submitted to and approved by Lessor in the m=er above provided. ;inea the construction of any buildin; or other structure on the leased a-d) or any addition thereto qr alteration thereofp is cc=enced� .the s.. s"'n"3 be prosecuted with reasonable diligence to completion., and cha 1 ccg3.y tr_th all public laws vi ordinances and re,ulsons applicable thereto end be coast~uated and completed at the sole cost and expense of Lessee and with- out any cost,. expense or liability of Lessor whatsoever. 3., The approval by Lessor of any p =^ and specifications refers -only to the conformity of such plans and specificatians to the. generhl e_xchitectural'plan for the leased land and neighboring' land of the Lessor; ? such plans .aud specifications axe not approved, for• architectur..1 or ensiaeering design and Lessor..- by approving, such.plans and specifications, assures no liability or responsibility therefor or. for any defect in.any structure constructed. from, such plans or-specifications- ' 4. All of said improvements., and. all subsequent, additions thereto and alterations therein. and replacements thereof, shah.beceae and re^^i* a part of the leased land., subject to the use, and, occupancy- of Lessee hereunder and none of the same shall be encumbered transferred. temaved. or :^te_ia3_y rateredp ecxcept as, otherwise: provided'in, this lease and unon'the expiation. 'of the tera..hereof or- amy' earlier. termination of this lease„ all. of said i.mproveme= shell' become. the property of Lessor without: the payment. of any tonsideration therefor. ARTICLE 1=, Signs Lessee, mays at its expense., erect on the lease& Ted such sign& :. uvd.pray=de such, exterior. 1i;hting as sha3-1 be provided for, in Vae, plans aTd s�eciiications for the. irm�rave eats. mutuaUv approved under Px,,icle, TI ' .;, cbcve�, but Lessee: sha71 net there�azter erect or,s�intai�any other' or ediL�ion.�., sages '0� anyr oche. exterior l:igh� oa'.'sa3d land srithout '.he prior write en, approval and, consent- of Lessors•• , ARTICLE 17 Underg .ound Conditioas 1. It is understood and weed that Lessee or prior to ' t'fe`•cdriswuctioa of any builain here�ndsr zri11 s::e� its c tests to :ascec : the nt- and;e:e.ert of the present fill and/or :may cuo -faeo r w •'or. so'? aaddition L*pon or in connection I th the leased i� d aid that 'c_a. L ability because of*a-- raw vd_Z �rM•- 'lease is =de subject to and•wit: v a Y•� fail or a^ subsurfaee.or soil condition upon or in connection t�ith the leased land: . - 2 CC - Ccm/ina 462 ; • . ' 2. Prior t0 the CG"-".I...-P-nCG-..—.:t Of C=y tJ-•-C---5f L-GL'n"' ua��. G✓==t , o - rr+?e I g to the Le:.EOr for its erlir Ov�.1 Cz 'roviC'•:d L^^" •, 3d d� p' . �viC"a 11 hercoi showing the existing tGpOC2=:.,Y., pro=oca*d cut a=c. fill • • ;rB. prG:IO ed i''..�in"-d (rrM`•'d3 t0�(''viler T•:7.t'+1 C..1CL'�CZi03.^+ Oi G ti C't?'..^.'C..^.O'. =w+- ".py''-�' ^uc'Zd oimts Oi coneentr.�tion. Such p1�.+'1:. ra=+a. be br :SCC�. ..=d E' _'-C�. by Lcenccd civil enSincer. A soils re:Art prepsxcd by a lic^r.^cd (coils) ecr or �eolo�st shaa-1 be suL itted with such �d's; a=d �z.-in==e ensi�: 7�s, • p-12rr ^ry?;J cork Past be conducted 7rrdwr the cspe=rision o' a ' gca=zed (Goi ^.') en =eer. A final ccxtifi=Uon of C add cper^�cicnG sue by.a reco�pjzed soil testing laboratory =ast be Piled vith. the Lessor U� cozRietion 02 the grading.work: g. Lessee o� not drazin, or disehe--se %.titer k c� the e=ed on to adjoining 7znd; the. leWGed. ��d.trL be so �c:d e_:d i's^i=ed s ;•to, caace-,the discharge of all t ater on. the street ecjjoiaie,;, the- leased. land. ... izj�uo an.esteblished draina,e eaae7nentp 'iP as7/., ca. the. leased. l:nd. ; AR-LICLE y Taxes 1. In addition to the rentals hereinabove provid d, Lessee nJhwll . r ,.l and, disct73rme all taxesy, general, and, special asses �ntc and,other ' clmxges- of, every de eription.4izich during, the tern of 'I,his lease nn,r be - levied.=on or. assessed.against the: leased l nd wd. .L1 i..texe tsrvher in ead all revc� eats'and. other-propermy- therccn.-. �4x:ether be=oa :a ,.o L„��e c. YnoGee� or to, cr'nich:eith= OZ them:n y beco:= Leb1e in ^eLtiom the::,-toy ; �. :.. ' 3 C1`'Oi•' t0: 'i he da'+ cnxency d:ta the=eofn. itaz=00•.. 7 er't..-7n thirty (30) days p' h-,ebJ eec to protect-=& hold hmmzmless•.Tnsso- e 6,the- leased, � �d cad, c;ll, cs:ins on or 2aout• the. saw s , r3L liabiLty, Por, any �d :11, n azs zaa • s. � toocthar ST_-ch. :rw-y,' iueres'e9 pens ties• • . G'SCh. `uC=+:eat- .....ueC.r....IlV3. .:.8$ Cil.....n,..oy ,-,,. . Or- ether s�.� Thereby. .7.mpozed., md.Pro= any Gale or, athee'proeee �. to . .'--enforce :^*ant thereof., Lacing, said term Lessee. Sbal.1• eZause a= tF�'so, . •• I aGtiYJ7nents f•-'.'•i-d other charges: levied ur;On or i ,..osed,Lpon. any- persoa�l.. ' •. .' ,arty citus<:ted. In,., on' or about the leased ls.:d to be levied. or assessed. s .te]y 2rom the leased land and not as. a Lien thereon" . / •7� 7+ .�^-fir' rT rn-r .n-r... 2..�.•-s. • 2. F'�r.. L•'•iKCi tt..�� J LLrr 4JJtiJ�i�.�.VJ - ••_r wr.rY. Cw.' r �:�+ is. sot in defa%lt under this lease., the last year, of this lease shaal_be prcra` be�ti�en 'she Lessor and Lessee on. the: baSi: l of a. ta:, fuse year cc W:encimg July Iand ending- June 30. ' 3- - _Tf the leas toed lead. is assessed for t_on p: asses :ah of:er ' ,:s Of 1r..r Lessor., until.the leased 1a..3'is Jc:•'c.rt...�r d _ �. .on. r� 'n .a c I— �ze t"^a bloc, l.-- 4T.1'�c:i '.-2-".' • .:r=•''y`: .•• raal es7.:..e v,..d..s Z-d assebs=aVJ t..posed up01 v.... e::�i..�.. l =ed '�:d is a part shall be prorated aad the Lessee sh�1l p:tiy th t po=cicn ^t the of the leased land hereunder beers to the total area O. `11 land vitZh, the sssessne nt block. CC - C=11:d 462. . . ' Utilities 1. Lessee a a„ cl.tea~^_Le tLe &vaiLbi'?ty of and sheir, Ft its sole cost and, expense., case to be j::stared iz., on end about the leaned lead all facilities Zacessar,Y to sx4ap1V thereto all water., sevmze., gas.0 electricity. telephone a.sd other l,y:e services required in Lessee's operations ees to all ch.�=nes and hereiaader. and c•r'ng the tern► hereGfy Lp_-Ote agi paY expenses in connection therewith and ,.o prVw'ct Lessor a d said l�.d the=e::'on• =^. Lessee S}'��, Y:Ct C".tater into a=y contract or agreeMzz v with ci the CGu�t;,- of oraY:ge Gr gOve--- anz� eSer- or bpc�g or per' c any iY9 •1t.,. utility W.-th reference t0 Sew�'r .-•�$ or CO .TteC:.1GaS. water 1$P g O".• Cs.` eC- tions. street improvenen'csy includ.' m�g but not 1',.iited,tO curbs. gatte>rs, parkways end street 1; rntingy or utility co yecticnsy 'yes or, erse:vents without the prior %,ritten consent of Lessor., • AR'r'r'.CZ+s+r v1T Re-oaj^s end Ua'lme 1. Lessor sha±1 not be =aCpf red or ob.«gated to nuke aV chimes,0 a.ltemticns. additionsy, Or repa:ra ia- -o oa or.. about the leased land., or any Pax-z thereat. d'a='w; -ire ter' Of this Tease. 2. At, a92 t4r--a durixe acid te-s Lessee' she:]..• at its cost a, expense. keep, and uairte"k said , � . &Md , z i -cv�r»=ts they eon and t:L _ facilities, appi=teT mnt; "where,0 sM 900d G:�.9r' 'c'r%d. xeyF-Ir aia� sc f� COL'Yv O1y. and the whole of, said s d. =O•r eeta thereto. wad. leadscap= S the-.con in a cleanp sanit=yq- orderly and et--active. conCiticn;; a:d Lessee sY sake any aa3. all, additions to or teratlona or repairs, in and about said land and the: jt rovenents, thereon.whr:ch.p'=;Y be required,by and'. sha7r, . other wise observe and. comply; with. aLl p",.'•lie O=dinances and re3•wlatims from time: to, tome appliceble to: sa+d. 1'=d;, aWd,Lessee: she' 9 indeWniiy an save, harmless; Lessor against- all, actiOnsi, claims and d:ana+ges by reason of Lessee's failure to comply with a:d.perform the ProvisiO s of the forego'.ir Article'.: , +fir•n .rT .. • Lessor'sor�i.� Lasser enai' not be —"abla for amp- loss. 'cam^-:3e or injury of a--y is isi+- from Use Of the -ind or character to a=3' person or pro_e_�,� a=_.._� any leased Tandy or ny p� �he_aof. cr csizsed by =Y defect is any cuildi„y structure or other imprGvem—am' theraOr7. Or 13 o ,y egLp_=..nt or Other facility thereiny or cats ed by or zrisi: g frol aziy act Or omission of. Lessee. or of any of its F. entsy er6plGyaesy, _ice:�+CeB G"l iT_viteeSy or by or, from ACCiG6Lt CC - Co-4:. d 462 on said land or a-V, fire or other casualty thereOn, Or occasiore.d by .:e fain:.:c of Lessee to maintain the pre:.ises in safe condition, Or aris:no from any other. cause whatsoever; and Lessee, as a material part of zhe consideration of this lease., hereby waives on its behalf all cla4--s and demands against Lessor for any such loss, damage or injury of Lessee, and, hereby agrees to indemnify and hold Lessor entirely free and hapless from all liability for any such loss; damage or injury of other persons, and from all costs and expenses arising therefrom. ARTICM IX Insurance 1. Fire Insurance. During the period of construction of any building or other improvement on the leased land and at all times ineraafter during the term hereof., Lessee shall, keep the same insured against loss or. damage by fire, with extended coverage endorsement or its equivalent in such responsible insurance companies as Lessee shall select and Lessor shall .approve, and in amounts not less than eighty per cent (80-p) of the insurable, value of the, building and other improvements insured, with loss payable thereunder to Lessor and Lessee and. to any authorizea, encumbrancer of Lessee in accordance with their respective interests- therein as provided in this lease and, in. any written consent to such encumbrance by the Lessor, provided, however, any such policy may provide that a, loss of less, than $5,,000.00 may be paid directly, to Lessee and any authorized. en cum 3rancer� without the prior consent of Lessor. Lessee shall pay all premiums and. other charges in connection with such insurance and fro= time to time shall deposit with Lessor the.certificate of the insurance carrier as to eacli policy of such insurance and satisfactory evidence of the payment, of premiu= and other charges thereunder- Such. insurance policies shall, contain, an, ex- press, waiver of' any right of subrogation against Lessor,. 2. Liability Insurance- Lessee shall., at its cost and, expense., at al:l. times during the tem of this lease:, maintain in force for the joint benefit of Lessor and Lessee, a broad fox= comprehensive coverage policy, of public liability insurance: by the: terms; of which. Lessor, and. Lessee, are. paired, as insured and are; indemnified. against, liability for, darn age or injury to the' property or person ('including death) of' any Lessee or invitee of Lessee or any other person entering upon or using the leased land, or any structure t'tereon, or any part thereof, and arising from the use and occupancy thereof.. Such insurance policy, or policies. shall be maintained on, the minimum basis of $ 25,000-00 for damage to property and $,100,000.00 for bodily injury to or death of one person and. $ 300,000-.00 for bodily injury or death in any one accident. • Such insurance policy or nolicies, shali be stated to be primary and non-contributing with any insurance is nicY:, may be carried by Lessor, and Lessee shall deliver- to Lessor the certificate of each insurance: carrier as to each such insurance policy. ARTICLE. X Restoration 1. during the ter . hereof any bui.l4ing or improvement erected by Lessee on the leased land, or ary part thereof, shall be de.ased or destroyed by fire or other casualty, Lessee shall, at its cost aid expense, rding -o the original plans thereof or to repair or restore the ram: acco - 5 :r • • PreViO,,sl' approved in ITriti;-13 by Lessor, a_ _ _ 71an$ as Shad..%- be '� .• '11"= x-c ��:-ntf such :..edified �h due after the damage or loss occurs an3 shall be coW?late3 ti�• suer, mod-* o:. repair or eS-oration s:.all be CC cnced 'rTl�._.'.:1 O:d (120) days than one (1) year after such vrork is coy�eaced, and diligence but not lon er aid all insurance proceeds collected stork shall be o�nertirise done in accordance frith sae reo_uires�ncs o_ epaiz Article II of these General Conditions, for such daT ge or destruction shall be applied to the cost o£ such rfor such insurance Proceeds shall be insufficient for or restoration) and if out of its otrn Tunas make uP the deficiency �, a; axeinabove said Purpose, Lessee shell L , the repairs or ras�ora�sonafy`- thirty - Should Lessee fail or refuse Uo T"ata r Lessea if any, af_-- r provided., or if the autnorized ancumbsha7lx`ail or refuse to ur w_e a 3 b Lessor, either of said events such (30) days written notice Y complete such vrork on behalf of Lessee, than in failure or refusal shall constitute a default under the covenants and but conditiossyoeand reamed bysLessor on its own accounturance -oroceecls so Collyana Lessor acted. shall e3=y)' th paid oveuse the same for and. to the raPair' Or shall net be required tO, and Lesorpmay, at its option, tay�i»a�e this restoration of said land, lease as elsewhere provided.herein. y y contained it the' 2.• Notwithstanding anyuhiA to she. con.Urary Preceding Paragraph., i£ during the, last five. (5) Years of the term llaasu any building erected on said- land. shall be damagecl, by fire or 0- 'a- casualty' and if, the cost of' repaixing' or restoring the, same shall exceed the insurance e then Lessee- shall- have the option" r°store proceeds payable for such damagay, a to repair c_ c exercisr_d ttithin thirty (3 ). days after such event., ( } ,. said building as hereinaoove; provided, or. (b) subject. to the Prior• eas by consent of the. authorized encumbrancer, if any,', to terminate this lease di to Lessox,, which option to terminate sY,UT1e(90 3i- written notice thereof at, its expense, t�thin ninety tioned as fol:ows.: (1) Lessee. shall, days after the damage occurs-, tear down. and remove all, parts of said building - store t, and othTe er improvements "ins, and the, debris resvltin from such fire or other, casualty and, o,othoriginal ondition free and clear of, de r as fax as •oracticab_e„ days after the completion of said clean-up and (2) within, ten (10) restoration.Lessee shall surrender to Lessor' posses to-Les or any,re ad. as aforesaid,, and, shall cleaned uutoanherestor te o£ suc'Yi surrender- and ll is pro-rasa shsse n said accruing said lease shall terminate.- unpaid taxes and assessments that then shall have become a lien upon said Premises, and (3) thereupon, but not, before,, The, insurance Proceeds collected and paid fox such damage, to the extent available for said purposes, shall, be applied to the cost of if any f shall- beare.- and restoration, and the unexpended balancffilie-�th1e fa ar the co�letion Of ',il the statutory period o£ has,eo - Uained, unU s, e:cpired, and rig, liens have, been said work, o£ clean-uP ate• restoration has, doing ha- iness, in Orange County, 'filed or, remain 'unsatisfied., and until Lessee. lies. furnished to 'error ance- cO Pany = a isfie& certificate of a iv1e- insur Or aie'ase to Lessee Czlifo ia, certifying tP_a1, no liens have been f or, sha remain tthereuPon Lessor. shall r of record against the leased land; all of' Lessor's interest in a%aJ or its authorized eaa=brancer, Is ary, such unexpended. insurance proceeds - PRTICI:"7� Liens and ClaL--as all not saffer or per-. it Lessee sr, to be enforced a si:set the 1. f ..,...yaf r' CJr Y_•rr VVr J 1 F ...^.d jr or.8�y G"= tiuCP.^>Omy r ...5;r Cl":L= 20r O�.L .0 ✓ f 7i t%,z:, iCiS'. -iC� O" \-<5r A _ F-;•-�rOY'C--Ca�vy J . V Or s1LG CJ�.UTuC1v"'^ ,x\LCtiCnrCC•YO_GYA0:ll .: r ✓ .. the <' Xi. Ci C..:y CO:1L�� 9 ,-n .l C .._.�, .M^,5✓ O.a;ECy Li.Y CCC^ •^•_r:�l O1'Ghcr c3 alm. Gr ::.ur1:,:,1d ,T r r�R ,• Oy. Cn.-,r^.�:�d+ �.^,�GS-"C C=�/ G 5 C,^. a YV bE P�Za D� Gi C:iCs �r�C:Iy \• -d 'f�-_y C. d JVJJCI^r C C\ni.Y �C✓ Gr < the S;•--• r-•-;i6 uinrJA• brG:.-J=• r 1,^..`.'d 'r.^.rC to :,�C:. .:"_'{I iJ ;,;•d h0?Li y�5COr i.�d C`ad �� '•-UCII Ir.L..'•�i? 'i= t'✓ �07 .5r^ \2,cC:< C_rt. -R ^�.� C:JOT+u .^ •.'• e3:jG'••GCE CG�:•3C r✓_C�\. �!. ion V•'^ V .•� \•• - rrWr+�Y.�E N5V YC131...�M e,. s J• .y.. ATE CG-..v::. Cd ?_, 'Y^-::" • , J.• r- c to YhC CC.l tirr...v o 5 £L'ch i=en) IT-,J_• f tAsit�?-Cu:,:J C'•- 'r-",' E •f..�.°•.C•i u5✓ Os L''J.l .tJ V.T •%,..� GdOri, .rvi Cv'uUtV.rJV the _ .e-c l? ,_...d L•CCYOr • .JVrr J\.\r Jr.l.rr <.� f \ZU itz C0-:vjonS'cy Cr lr L' '^✓ or d) than Le3CGE sh i - =b ' ,.ram -'lay f^."'a czt t:.zy C� \a&vc'r:... t-C r •Y. ^t2.:-T'uY v _ J. .L- ror.a r-.n.,�- t i r'S:iGr C5" ir•Sr' G1E the w^••Y n C�`�, � r.^y",^.�•^(I thCreOn riCi C GJ•`• _a s'Sh=��� ..eG'uC ':"'" by >,.c.. \. ' t• i LC'-"Ol' Lr q ll 91 ^^ ✓✓ ACnr•1•ei J. •'• ,n5+ " he CGndl Y_Or ..wY A in :'l. '�=•7L.:_Y ..\y VO lecceii . -.a� L_�an t J be,� �LEiGC�O�yJ to ✓ ''.•.,',:/ '• � to L--SoWr a SLI,CC^Gy✓ ice • -1•f4 I ^ iJE3.�.O \^•.\r,-,\^..:�:/.Y Y.L� ✓ j • n. J.rynA�a 9ren C'I:^.i111 OS." 0. fr t'--ect " '...Wiry- w✓Yed h)l �. Lr ` C '1 o,...nA lend ii\^.a Cam, tIIe Lr I ✓Lw Cry ho of :r..rC': 4 , sAmn Vroc-'L^ C.nd reCOrd i.--�' OT tr.. �'if LOSSOr ,JY•}�'a it 'rec_u" `Gy LC;E:.\, fig, Code of Civil %-OccduT.L'..).- or C'-1-r-' or, �cCtioa 119j..2 0� the Calif -Or �, bond,r_.ceL ' _ bond •nrOV•i.Ci33.n�0-: ' ' A� -,ft:_,r e.^..:Ci.C� '72'GV�C::t�u taw con., • r am COe:.I.able .StwtuS a herE C]-F,•�^S'Or' :^..0 v30.'1 YII..�cO'3., _ - o the effect o.' suc^.• Gr the ieasod. d -.cs r•: r ev_r :.or c of --action. of an,l 2. 3ef ore the cG•=enc.^, ' Gs a 1'ec� - >„ t ^ed d). .' of CU 1. built'^\T' St.J.Ct"�.e Or;Ot-he 3.+=:.__ _?q''" rSy renLacc�.nt _ _ • •.t• a it^' ^4...Y- u:Grona) ..r.r�..AU n: A nc r ` ♦-,•r •••' Jw•J l'czwuU�r �_ rl-p4 ✓)� J, '�'9CrpA hall V-VV YO L\{.5.+/u�/ - ^:3 �oauw s` d n_:=i✓es as herc;a _ the ki tten notice ther,eofy sneci 'Ing the ns�u e `mod. location ofLes p J•5.<, expected deGe Of cc'•:c-_G^rA ..C.".i 'i�tl`'M'suchII L-Torlcp, (Ieno::it "r.th Lessor L•IOraL, d Wit\. CXy'� "J.S. r-,�.•;^^ r - C •Cd. LESSet', i?rior, ,;,C� Y,.e co—,\_rit. ent O� 'c^nJ e.G50r' 'iri1^a Le.^.'See •L':.J L.C`.-1 . . - E CCri`.i='icate or other• ev'+dent.. C%v C�Gr„ VG' -+•• A J^^ Y15 �ty25 _�},I=mirhe& a bond iZ „ ISz+t SSee-L S buildi'i:+.i cc,- -aCYO_.y �'f' S"•✓ "\.1''i.CC-Ins the Cc'�'1:etlOa� f.'.�`ivrd, Orl t..r :v..•,th.a. ^cure y C^.7=0Ved-b?.>•.'�-CCSvr 4 u�i..•\.•IIS.�?CS'f ^. ^..G': L:'4,—.: .. y:^.',Ivr O¢ S3Ory �, o •^ ?.l'.�- S'w•S•3 CG LaCi.G'tGT:.r y A2.-r> t0' 01a OC,1d "<�ilt •a"ree a.�d. clear Oi. o,�:r.2oa 'J•."i-e:a✓e. Lessor rese•!-vies. tha riJ t at £':. -t'-.:.c^: P..t"ld.f''t'.0�. t/.u..• to :Cotec to L.os- and i-rltain on, said !;Ind. such no"tiacs, '" >ri , be necess ��J p for avy Such, limaand Cie. ms• J ? ✓ v? disc::'=Ce - c:acG., o„• c �o II tie eVC-n'G Tf=SSNe. ✓ W` 5_-1"1.o) �f tezc aoces= G; ^ 7 ...nCG. IrC'.. C:tF•t'. ZJ'>J n-.S -or • :.=1:2 disC'r. 4 J `rn.", ice,,^d Or •--•'•✓ "±• 'r 01:ii,• uc ::lid .l CO.^.'t'-L•C viOn Zr'ir21J�the 1a:- Jr-._ C��,•t)-S•, rOr C-:•'=.ie3 C.. C...J,:a cJir'^JL• won cL •�' , 5 7 5• ese2, Gr �.il C.ti• ^' _ '-G+.-VJ•C+ itir�J�+r�ilr�ir U) r G^"r•- • ^C CG:,3 V�MC UiGC.p rby^.3s�y ESV ) .^PVT :,•,A'rr^r'•"'t r =Y C4u'VCJ •r Cr V^ -4 +YS� ;^^GVEv:Ca:, t.^.C=::Ow) G" Vr..s-c-'- v. _ Y"td or e_�'•.:SC .� ..G'c..-rCY-�..: V.. ^' Or \n-, T ^SL...:::.0. • •L or C' and ....:�rOSa\...,csYs) O- ez:y O,,v'.:.":.d �>,.4 A.a covan_-n"'Ys a--( CO.. 00^ - •J r cause YG 'J\. „'.. n,ALi1" Vr L ^tea n.r:•^e�L GO l).".-✓ O 11y o. f :i�ivVen wv J by.v JF e1.5,1 nA�J' tT�- 5T (3C/ ✓ t �.yS Lessee., Vr VEi V },. h Lessor y✓) aV lerrCC)nZ.+G• fail to ry =a aizc"h.--\J\• .rri�. .^.c.-..ry YL\:r r~ � J_S C-^arge or So to do; s xaJ1 A insk-ace C :Cnsey{ er) • J_? .^ 5 SUC:l AY= FsseS SWC1Y) J•� r"^n`u t,:.Creon) 4^_d vn a settle epOrJ1 or of GIS.seb--: 7 CC - Cc=I= 'd 1n 2 .:d Or ra:L--,by LC'.CCOr --m CO=!^::CJVic, iT�'Gh C Of 'uh:^. f0_e;�oir." •Shn". 'oe paid Jy LeCwC t0 Le�✓Gr U•�/ G'•'.•�:]d, .. •„tO�e:)Tether ''r_'Gh :_r,•.teres.. •wereO n a- 'CI c re^.te Of seven :per CC-it 11,:) per, =n= .ic; the d:te Ss curred or paid, end sn7' default in s'»c7a reP=Y-`nt ch=� )„ GG:stitute rt brezcli oP the COV2a +tS ^old Conditlozs of hi lease. Ati1_s0._P i Assients and Sublcuvilm 1. Lessee shyll ^At enca^:er, ssiga. o:: o's'ae2 r_se.tr^�sfer this i• ,.. ,-- n..�.L..• lc:ce, or e y right or interest hereunder; or. in or to of ne i ?ro,._ _ .. hem ate:^ ^y be constructed orinstsLed on- the 1cased 1=nd, �d L•essas' • cl-nl I. not s1folet said premises in,.,.fzdle ori a '�^,•."+t, 4Tithct':u. 0.c=-Q, ,t .=d c'gp:.Ov4,.i of Lessor'. NO such, ene•,..:�r:=Ce,• assi,n -eat or other ^,^.-M-sfer, %Le't`,''ier V-Olu t3•'7, Or involmxV�:%-"tf,', 1'+,')' O'�er4::t_lo''a Of"Z.:.S?, tanU.er legal :•,^ '�•�JrOGeAII, 'ii�^.017^J-^. r,^•..CC�.i Ve1"S}2i� w-bamkl't.'ptV ..r, Or' O'G$G'TCY se,• ^..�°.'s`'..o, Cuch SSaJ' . .' ' 9 ett-,^v C ^� 'O.'• v I i d or efi L'CJLivv Sv'lt�'1oi:t•such L'_i ar tP_^i'i tca. �,cosSSE•3t i7rGL"•'..�.� Q o IC Lessee Otte=Pt, to "J+n.�a Or' SL::._.:1'. .. enCL^.'i-3•='4=C('y QS vi •'+�-t, tr,rsf er O�•Su'Ll1cLJfii7�, e:Cent. 2.S L'•'A•�,^'.s=4..]..d, O� • ',••.,;','•••�hC' d a-_'Tf. _'^-("you' Or', 1.i't,C:reSt Oi Lessee' ,,,��C,:.: Chis lP.CSe bC''�-'�%�^•Ched, .�.C-V1ed '. n Or seized L?^d==' lei�.•3- jar CCeSs a d t e SC. e.Sh".?i L'Ot '�'e r,L'leCOed S?.1 • •• iien'. (l0,},'C^ys oYCref_v_-, Or' •Jh6tl C rer^e1Ver be "i,.^._�ie 'SO.^+Se9SiOS of the lecsed ^^d Or C'erAtiGn9:;Gf, essC-e T+=Gr.�G ,, C: G'LC' d:LG,'SC': I9�' . . " c: uc;cd w^r At Gr, Y�sOlVent ^!" :,:&ze-e sh^"L1 mea hove bcGa-'c .^.^'..^..Zed bn_^vy �3` 0) d^.. o t-,>!: a•:Zr of i he:•fb-eso=� creF cs s^ 7. ::'tcre: c= tri Nhi breach. of the. Goad:tions e a mzv-iGJG]OnE Of 'phis lc^se. ' snd A "t ,:r• i y- :�'=c-Fee_c i.Lesecr .uy',, at;, i.�s o� ioh, ,cca i���e. 'chr.. _ems e on chin th b ' 4•,. a 1 n e r,.,niv cease d.es;c ;:;: •c t.�ct.:a, atee, �d tiros s::ch "Veral�:s.^' .., n.h J. :- �^ •t, ��•:�. ^ • .,.'••` ' ,- �',r•n .{J ,� b f ^ fu=t Yey ^+ _' a .�....=.+.tier' 4::.5- V_.,_C.:_G_.v: be OJ• LO _L.V...._. :CsCe•O- e•_CGV.,, C}:CC�Jt.. :,,n.e .. • "• '' :n..n•na- aay SuCh, e�'C'tu�i:..::CC.' C.^.C•'�.., '. f . Should Le- oi:' Ce..o,.�b GO'•.._J 9 -":'- �;�•.•:: rn�.� 11' �r tY•.�G- Of• 'i,'ne. rectaii'Ction3',Of, t7''i:r N.'�r,=.,'+`•,^••�,,%. .�. '. _v,• ti.4_.._.v_' Oi• sli.�_e'i.v3'J'„�, :.•;-''_ Sc.Y.�., wn'i'7' ^-`"7 >• •�• nC saccesJiv.a enGlw):.,, e,• ue bhei^.b7r t:�i'ved fiat the s. ,..-�:�S. o e . rrrt J.y.-..Y n . S-r t`nn h .n ,;,a . az r <^.nd. s�^,i be, COVer^ `- ^^-Y-r~=4 w�sJ.c�• o= ..�.:nlet�� c�.,.t..,..e=,, ...t. =y? ..tea each. .=a—eve'_"tf tr.^..:.s...-_cM, Mt.:+�t.....:..W • 6th--. Z-accesSCr L 1 $er.�sV G:. Je..Swt.sza«' . 2. If t*e Leasors' c =sc-:_ -+ Cnuu1,_-ei'.v or ni G-F by LC'wu _vs. toC� nrn�n chat r=y . 'Ga all, Gr• a -= cio� of Les-e^s i=:artist. L'=der' tj Ts- leoce� L..-+-... - L' J ! 9� , h Z a •„,,.20r, A? n ^ �� 200.00 �.^-:OV1 u, k..G-.zw O'n., cr G�faze to be, p^3c�, , arm J.._ of 4 ... tr�3�.^'._" :'CBB u•,o�,l not ?i2. TeSC'..olC'' V,O•.'L. LP..�.FiO 9 S' CC'�.7w• t0'i:, .,i:�^.9.i.C�^. • :aC••'.q: -+.._,,..4Y. of Lease,: S 1,laVe�eu� .•CI^cL^e"t`.�:.r'% C3 SeCL•it'f• foT• .^_. . . Jim::'-"'rr.• •�.�.�.� \G.•Tr y.i:.'_.-".:.a:.`-:i.:..�� iye =GTZ GLS Gi at v.YCa.e )LC.11 EL OVCv'y '1'r' 'L 1w /•.'t y by ? T: Lessor zrnaas ZrO exec.a. C..•-SEIIv v0 aC. Z551�.`..:+.'..^. it2' uJ -:28n'�cy 5 w ) 't++ ��. �"'•Stb� tt�h„ � 2.a. O.. 1'i"..'1:'"5'G _.... .0 CZ»_ d Y_.l..0 CeeY. La.:.S \"SSG- u0 a 7,_u_ �. dGa'" 3, a ...o Y._e- be A...aLY 0= a e..w •- �._. E. Cr.J"181- `.• cCc r<tLCer f y L1pGII. and SL'Y`.jEGL t0 tLt,_ ;'O'•�CY"n...R$ cv er-_=, 'ts and cO;.d:�iiOns: T.r t, C1.9e& and S.°` r_'PrYs aCCUire•a.. t. e_^.eunder s",11 be "-bjecu to e ^s +':.d a:l of the G'7et'3r CGy coed: —lons aad res .ri=_G--s se'z f orih Pi,is .E.c:?6 ii ld to (i.:l «.- a-d a=+'eresLS of the :acSSOr here'$:dcrp eXCept as L.er.."ejL' Ot h-r-r�'.r.3%S pr0�_(,edg � j„1 :lau• vYuu of Z.:;j COlif=.iCt uCt"nT2e:o the pro*r.''.SiGl+s of this lease N`^.? ae ks YViz_c: a s:Z u2:01.1 trwSS deeds, the p-uL.c2G3S C. uL1$ lease zhR i 5 001tr01.y (�) ,he ;•;-_ittc.'Cs comaeat of Lessor- sham not be req ired:. 1=i +O a ti:'L.ia=:?..r of t..�... ._ir:..:te' at, I'.G_a......CSi:...., saleunder t:.ne tr'ast deecp ,uiiiCi�j. ::;'lrGC.-_.Gs^u::'C:yor, as F'Sa-.`i.axzm' ,at. Ln oI' forecIosu':e; or �e To "W i ti5; ^:..:.sG'c?r C:� The P::C'l'Y::i?ra Ccr' +_.Fi 'che c ja;,rdl'CaL.O r :a P.1. e,,,v J:.•%.:•r.'-.'�=.1':d- D7i'•SZSp �.b r......,�r3 i::J.�... .:«On..L ac.SGC .Y O'1. G.: .:....cZ.C2 CC•.. 'p an& is the .[-xaha,`,�e: :t s,,v,:i prOV: ie- zhzt. i= E::..T_.0 _ Such_:. event rte @'AC°.TM•..7::'&�CPr. t'G�.i 1'r.� L_Ves :aot:.Ce Y.0 :ce L'psacr '..`_S 'Si%%rs.+.- g Oi: apl,' ;mc tr°.:ne;ff.er Sett'T.r f.ortII the =A=-..,, £Ld aG'L< ass Of, vha t-W.»'G'_en-.;:p t_el.: esfe 4':.Ve va.i:•e of Such t:^Y7:Cisfer andL 'Lhe express cag-ea- a` g to ge"f'G_� a3 1, of the obligatiG--s of th:w' trfi.•�G�',F:'rc.P w£z: n�r- w%..^ P_.;y e....i1 •._.rvl::'.' 'CC=JE l.eaeep ^.Glj''r-''�.:=:�:a'Sa�:tw P.i. e.:Gps,*-'G �..'.:C i''.iY C2Lt12.^.t bar W,3i.Ch SaalL tra=sfe= - - +-_• t s- �""• tO Les m :•i 'r-� L:+'F1.'.S$-',.'.... ien: Of.�y27.iiD .in lieu. o t:�2. :"e� .;,.:,9.e; ate., l;n. . V.,'ya�rY •`'" tr+S]9:'"afar fee S.'i. pr.Uv�:A^(? 5.::Slc:.: c'1:.L:'•.0, d'r• •i 8DG:v"a:• kAy tr2" '+'e2'ea =vie-r -the p- vis,i GT29, of Sl^per2 p^cLil (C) (L)• aC10Ve be. -• aiP. t0 r=n''G'u-.">I' '!be OJ's .rv,::u].Or16 O'F' l..}'e. LeuSze. Ltcder' "Llis .�..LaS2. 0=3, ' so long as s::.^_:.' t sn_-f•d."..er. 1oadS'. 'Y.iM a Za :.e- 1easeh01C:.. Any sUDSeq:ie1= tra -,fer, of toe .u-tl,ar^...'-1 :..i'. i::.^.&Zii::d•9':^' 512'� i^.07i: •bl'. "`.-_.ACC-: STlt•!"..Oli:G 'Gllt:- p:^i'O.r.' CoasSs1't of the .T.aesz,:r' S.=i lie,I Sl1bj ect to ;,he. Conditions rely 4ma tl'1BretG a5 a:.Z Sn f+•rtiC..:v ZZ1Z aCo"v"ice. E d) l.'.9v-.. GsiJ. i."T"-.,.yL?.:. T.e•S�r after he: -c^CorLng of th& trust, -lne to •c- •'.•'ecc*.. _r :_TA t*1P OfFice of the, Rlt,=r: ?r' o-- ctm., e CO Lv:;T c. C:i. _:C -.`.p u., 'Wr.itt,- 'ah.q,.;:c?, e'I.er:ured. and. byT.�ryi.'-.C?.`.�t'vr a. O:: ^- of :L.yu note ce o-," ....'_ial'.1+ 5ia1.o.i e..zn; nOtiCe Gf c"•a:e 1:::er. the ta':ia�. daae. C..'''.Y�.�'�r'i�.CLc.^. by r3ze Fi a:zVXtev of T.:ii: szam'e, Of z,_FO _ • o" 3. . }.i•r;..a.:. C,OL.::..:':cy.v:.'J ii..:vII Lh4 25iacllT.:.G:u. Gf _•::.: :i rp::Gt' ...a,� .n ...... •ZYs `3e7�..'. �$�i...___- -C L•..::i4C .. c�YC_:.=&tom CC'_uP Of The e:i.Vi -L•-L:1) .:t..'r^'•rl, .. Wit...• FS�(i �!ti.:.l:'f}ut.` C.y:.+ae GiJ�A::r -.::::L":rP,•G� Jr.•.'CUy'<r J, rL:A..•� r .r r IYw.L... ul:U L'[r . * t.w -«rw.. •. � G a'>-..'.:3L; l-:X c.nz:I-e .r�S "dSi�:.G::. .•:J::.i•`.'.::.'••: LL'-.:!:..! -.-...L`.t'5.:.'.i^.ol'L•. 7i_'.': �.�?.:.'• .1.'�."•_G'.LP- 1t p_.G Y�tYY. • cam":Pu V.U, . ym:a L i�e e. r.hl5 j.r'•uc£ :7F,(.�u.52 of any :.-a - ci .. :�es:ae r gt:.Cy:. •i$t?.^.MG .'.'y:.-i:.p -?.,tyL'? S:xty y�:•:J1 day-, a=Le4 se�"ri of ??:':«vte.^_ ^O'G2C-. G.7. vh..e e:2G;:."_.t..^s.'Gu.. c,P Lrt+ s:^Or its _:'1'.'ez.,tio i.O te1'.:+.'.+�:e LL.:i 1r 2.5e 2'Gr _ 4`.rc: nl.::=. •''i .:.ice O:^ breachif '.•he S2:..r C?�. be G'w"eG .y, -,•.�- "&.r.. rc '> •.••, Jr^:!•Gr_.�.^. tG be ,paid under "Ghc her_-S ,,;j NlSii pW—.....Y Gr C`::�r. G�vL.-•_ O..•-......::i: . r _ g . 1 -sic 1 en_� •^ d•? such %`,^„••l :.'8GC•: iS nez, SO Clls�:.DiC, CCL'Se j:.^.0 Of Yr✓ ease, O_ — uch C:_ a:-..t Or C thereafter J r 'i f cruse t•, '(:=uYea t:adar the Yr'LuTi C.?.Cd L-O Co:=once :d he eafte_ YO•d_.�.jentlf 7a_✓ ' to. CC�1C-tiOn steps, and proceed:! l s fc the C:LcrCise Of uhe pGkTer Of ErIC and D';"nEuanu t0 uha trust dead in the =a -•:::r provided by y..7, <'ad . (2) xcep and,7Brl or.-,, ail O't the Cove-,-,n a --.d comditic= Of thLs lease raquir=ng the paysent Or e;,p--ndit=e o =r-ey by Lessee •u`.*nJ� . • such tie as said lea- sehold shallbe sold up6n foreclosure pursuant to the t_as. deed or all be.released or reconveyed thcreuader; hrGyded, hO'JCVa"r, that if the holder Of the trust deed shams• fail Or reftiL:e to co=ply frith amf and all of the conditions of this prosreph, Shen and. ' shall. be released from the covenant of forebezr nee here-IM , .thereupon Lessor contained. i°sy notice to the encL�:�omneer, provided for in this p r-aZ .»pis, may- be olven concurrently with or after' Lessoriz notice of default. to. Lessee as hereinafter, provided in, Article. J.'V., ,RTICM, XT lera%r_atiOM • ' 1J:1G'•.'d. Lessee (a) .. ].1.. YO• pay Or' Cgil?se to be •paid any Y».., CJJ.:z._✓�..Y,. p_`uy. liens cl'a�,. cha ge or da=and herein.provided.to be _- _ or caused to, be paid. by Lessee at, the` tines" end in. the Winner.' herein prot�c :;; or (�) shG T?d,Lessee d�z'suTt. the pay_aa . of aT' -"TG ^�.=ent, of xe ,t ors y ath¢r st— faem aze as. herein.prcvicyd, or. "" _ r '-� -(^ sha d.L✓✓✓ems. ra'_ Yo cc. -nee, .Gr' Co CG•-'pleua the, comets ruatiOa'.;, rap' rp r,-si Ore t2Ou Or•_.Cp.:.2.CC.Ti e�i. Oi the' ,er�'P..l-•.•,nTT. -nd :_�. a_ r�r.+- '» e-•,n eiT•. •s•'- -�• 'Zy�.sued� �+- S?i•`Yhi:1- the a,:. other, j:"'±'yrOV"...�..•_.YS; i-. �w� w vO t Y 3=as c d- is tha- T_=�"•J.er hera_: p- a-ded,' Or "a') Sh^v�LI G LaSEC3 fail t0 eo=enca rind thereafter, to. ec=tcs.aus. CCn� ct; ins cpar�cion"s thereon' G_G!tba A- _-a `d. ". ' the a•�."�:�'.•+': ther'.eiz.;-,=avided; oar,' (C) shmL_d Lessee . ':? to "se, r= .ba ^d. c au e the: r�=w es as herea recuired; or J,•, non '•.T+t t'T er^•-J_ S.r c .•>o lr..:?.. i/n -:=.,e, •..oT.-^ -•n»Ce Oi. G"�9' �i�.�.GCr2 cr C�,LEr� COV�._....�Y, r•' GruVd Le✓GV✓r C-.-..:�;.�.iu mot.. Y�V .1•_:Grp--- '.� i m c v= J-•i r. O;� J'Y�l^v' l'ea3C 'L•arei'3'. '�rvv G".d.GO• DC. ?iC-1J Y• or p..r.fOr _•d . .xn - a :nh •+^ �.... breach G_ uh., L"y �ewsee, .�d. L• .:� ✓t..✓r decsa::.Y or b_...,..ci;, (VY+.�, 1,:r.. J w A tr.^• T,r.•n.:. :� n•,n. •i',�e Ti •'-n ..� ^ J•,•y✓e.t:w._._� �. ' rCSuriGLi6"S..^-' O_ r�uiC...e. .._s.E, .�✓_GJ_ for S7�✓3 L..Yc C2 Of w- `_=.YaG.. Lyj b.'. p•1V.9'3) c''r^"I.1, CO:'vi...�L'.e 1i='Civ.:ed,fc:: .^•_'. par•_ad o_ t:�''':�y (so)' d.°.,Tjn., i'v:.3. =d, �Y^� 1Ce. LT.G� tee£ eC. Gi 't' iD a_ LOu�Ce "YiCi'e0S by LaESorj, t'he I -Its. Yr C.^w ,r `�,} such •^ _•eJzO- :=.Tj 'J. a, _Y✓ G:V1:G.., Y�:�r�+Y.. E �.•.r✓e by .. ./ J.... G-VCrY, �•�,'J�y• :%_�•••CC:° t..O:: u��.yua.. T:C_YJ :..J V...r :r a „_.-.raL"pC1 Y; . 1UJ 0 1 Lwn✓c .rT YL :Lv _e sea _: d = all, o awC az* aa- d'e_d �, cot •' G '; ft_QaGCrmo6=Ce or C.: tC; roeasS, re-C"=Y., d� : 2•G_ n - t - -rl r,,✓✓acS':OL O_' said ...a..Ga. a:_:d. ?.!� .='ter Ova::�_uc Vt':.ra.Gi a..... Gt✓Ju s��G.:a "•a�'•C all ,i4'.ruVi"wiu C?w"��•''aJ 4=wr Lessee Y._QiaifCVn, a`_b• J.•J vrV CL a..r :^L Dut :ac s- -.ezEar posseuu_cn Gf said lwnd and all ^ ^rVs fae_aor, to Lessor• Jh' t f the to P thin l••1C7 my `+'L_-• .. L_•G= Y..e �:.:� roV=GT.'0. Yr✓ Yarn Of Y..rr car✓.. Gr .....,j es._ a•- ter-:i::at_on tneroo_, LeGcee shall surrender to Lessor possession of the leacei l=^d and all LurovaWents constructed and installed• thereon; provided, that if Lessee s�:^ll 'not then be •in default under any of the covenants c:.3 'co:ditions hereof, Lessee may rem.ove' or cause to. be removed all Wovcble f•,+rr4t• e,• f%miibhings c. d equ;.pment installed in the build on said lE=d. :r of ��id persolaZ p-rop ::d orty that is not removed from said preses within U—rvy (30; d ys al er the date of any termination of this lease thereafter S:_•'ll•be.on.- �o•Iter,Oor v°:thOIIt the payment of any consideration therefor: " 2. upon the expiration of the term hereof•,' or any Sooner tei�ination of.tI_s lease, Lessee 'agtees to execute, -acknowledge 'and deliver to Lessor y proper iastr':,:,,e.'1t in Trriting, releasing and. quitclaiming' to. Lessor all,.' ri�'sL, title and interest of Lessee in and.to• the leased. land and all improvements thereto.. , RT•CLU' %Tli Payments and,, Votices •• i-.l1 reiit3 and other o,=S pay:•••••ble by.,Lassee to Les s,or •herc-trda. shall •• ce paid to Lessor at its• business-office, at 13042 S.• v. Nyford, Road' ii:vine, ' California, or at such other piece as Lessor• tar hereaiter desigate in cr•3ti:1 . . r"a f notice •to:be' ,ivan 1iy. ei'cher of.the par'ciea hereto to' the . O'.'e'er"hereunder' may be de-1ivei.ed.in person to - . officer' of Lessor,' cr' to ressee, or a y be'deposited.'ia, the United- States mail in the State of C.allfOraia;,:•,. ;•;;; < c.�y r.e -istered or, certified,• Tvit':• postage prepaid, and addressed to,the 7w^ty or' ;,,'I .a, snte--ded ,-as. folloTs., .`So Leaser at• it3.•sald business of x°1.'LCe,..:.11''i. %r'''''• to Lessea at the••leascd' lE.:d,, 'or• at such'other address,,as. either .of the,p=Uea, . . 'ccr�to ` ;r:ixc�4a_be: designate•in;.try itin�..• Se�^Tr,ee o: eny SUCu writ ten ::otice- s:cL be de ed'"complete'at the,time: of ,such.perso al. delivery or _t.in two .f2% day' , after tha =ailing thereof as. hereinabove provide&.' I note: �ha`^ one Lessee is•.namad under•this. lease, service of say notice•upon y ore of s� l.Lessees as herein provided: shal3 bia deemed as service upon all of said, Lessees:._:: . • iCLP ay:TT .. L i:14nt Drain • • . 'l. ��:''":j'ti 0.1 of ^c,z, Tae tezz "total to:rirti' as 'uocd in t.iis _ :�•':.iC:.G' ::2.'.•nS 'c_ie tc^..ti.:a$ Of tale entire leased land under the power of ez inapt • dL=:.n or a t '_i:]-.w Of•so much of said ]and as, to preveat or substantial Gir •Z.ia conduct 'of Lessee's business thereon. lae term "p:.rtial taka--" ' ' =a_--s �=e ' G 'i]s^� of a portion only of said land which does not constitute a • YG•L�Z-ta:;i- as above defined. 2•y vtal i�tin-'C. 1f du•: nG the tei."1+ hereof there Shall be a :.g L'y gaol c au-r Ority under the pc;er of eminent doW in, t�aen tha case eS�ate Of TCS3oe in a:ld t0 t'ae leased land shall cease and terminate as of the-date the-actual physical possession thereof,shall be so taken. ^^ ComAnd 46a, %• 7•,"_�'•:..9 f,1.. •ice •a �•.- izG to;. � ox-a soha •, • o• ✓.. ,. J.a c�l:.,,, '✓aia �✓1•a •�h,._.. ✓+.._..1 a✓ � = •v= •••n1."•q.; 9 J�,n'• nnn w 1^'.aC^ •tor• a-bue, t0 the 70i Ji On of • V_Z:I+.,J C v_✓ J.L.w✓a:i. 'n'•r, •4:Zwa V a ll ..�i.n LV l'uJ ' CGiI" �'a t4.Ca -kznz •iL3 cz.tO STS011 trhllCh actual _^C660Csiori of raid .:Ortic c-, ✓:id �..:"d '�*, u^�:.•en S=_ouazt to azid ei;inon it dOu'+:•ill �JrOCCe''L?iv.i 6'«t G:.j.C'L wall CO`u t1`_•" a -i3 force -a.d effect aC to 'rhe re-rinde_ .o� car" J._ d 7-.:.d. ^ : '-re=tw - Lessee 3 id oo= shall be __c o✓,✓_c � .._�us ;,,wyMble�'oy Le^wee for the b irttce•.oi' said 1 0a i •; '• at the bauza:e foota;;e ap^ound area of the leaned I:nd c: :ea:s t0 zhe total gr0uld area of said l^u1a at the tie Oi CL'CII ta�:.+.:=,�• 4, A-location of Aua All c9=tcnaation and d:=cZes a;•r sdcd fc• `_c =L12- a 'cse. !cased '+ :1d or any portion `.he:cof c's ll, weeps ^ as .. ovGC:.%7 C:C _G'rein OrOSridcd, :belong to pan-d-be. the sole. pro:,ertT . of Lessor, .: a . :,'_acne s1xa11 not Lave 'any'claim or be. entitled to any avaxd for:dii inution 1S?v O,i i v' le a old a zraunae_ or-for .the value of any unexpired sera . of t! 1s lease; pro',r•ded, hcn7ever, then Messee shall be entitled to a.n a:r=•d tl t say be,- de for. the.taking of or injury to Lessee's: i;��rovc�erts, • . . ;•, :;t, Ci` C., -account. 05" any cost Or loss Lessee may sustain in the removal of, ou✓G so ,_.L..t.ureo, equipment and fll+"'bi6hllagu, Or A6 a. result Of any altexa':,i Oua', .cdtfica ion�-or repairs Smith may be reasonably required by Tzsaee in order. to place the r raining portion of the, leased, land not so condemned in. a odtslsle eo::ditibn for• the. continuance, of Lessee's tenancy.. : 5. . Sffect, of Termination. lf' this lease is terminated, in i&ole or' in ; •t, pr`.suan4 to any:of the provisions of `his Article, all._entals • :.^.d GthOr' Ch::".ve^upayw'o1e. by Lessee t0 Lessor hereunder and attributable to ' the leased land taken,, shall be paid up to the: date anon -uhdch actual physical possession. shall be 'taken by the condemnor., and. the parties shall. thcr.cupoa " . oe released from al':. further, -liability,.ifi. relation thereto. ' 6. 'troluntw^y Convel ce.-. A.volunt=tr conveyanc by Lessor ta•' w. p»c=c, utility; a„ency, o;:- authority' under. threat of a-t.lcing =idea the a=neat' dorm in.,L•eu• of formal proceedings shall-•be deemed a.'talsing' aredin.the-,>n-an of.tills'Article: x -iemedies 1. aWf termination.-of this lease.:as herein"provided shall not, relieve . a:oee �rG�i e pasr�ent Of any s or. sus that, shall then, be due and payable. .,.o L3af..C'_ '.e_,4 aer• G': a q claim for 'da:;.^�..;�e6 then Or 'there hofOr aCCi:a iil,j, '. ,• ,•. Z'bast Lessee hereS:,ader, aae, any such termination shall not prevent Les or " : 7o= e:n2o_Ci­; t'.'_.' rayzant Of any such Sum or sums Or ela'm for da-m---as by C,:Pf .rOvYded for by iawj••or. from:recovering dpzra,wes iron Lcscce for any" ' ' ,• -V,�i_ V L.,Vi\i•n..re.a . n..l r1,Xj4ta, ,G.t1GIIS and reu.edi.es Of 'Lessor COutained in* 31u lease SGe':.1�,be cGns•urLe and Wield to be Ce...,al:.'u1Ve, an n0 One of 'taCr _w11 :u e::clusive'O., cha; other, .and Lessor shall have the ri;ht,to urcue •1y, . 'l ' 'diCS- Or any Other xe-;,C j or relief V',- ch zaf 1..30'�)rC- c�: Gr _ oi. sac;: raW �_:.^•,,', :,y 1mr, S7_0 Cher Or'not stated in this le:.se. , 'No waiver by Les:or 'of C ' the COVena:wS, CO"+d_o1Gnu Or res�_.iccions, of t'SiS ✓✓ ec'_s xuc3 or hald to be a waiver of airy succeeding or preceding breach of S=a Or any other Covenant, Condition or restriction herein Contained. 12 2. 112 •G=e cv-cat dither Ki:zo •i' Or Loocee soh it C:i=,y any Cot' On ' Os".""•^C,^,CCd!"0' 20-4 =eyes for an Cl"—I-Scd vzach 011 a j p_"C_i CiOM Ot thiG ' 9CCO0, YO recover rents, Or 00 eh'OrCe) p=otceu Or eJVCOliss :-iry -1Ly1Ti Or _ = e,* c2•e:cher pa.Vy, the prewdlin,, p• .�j sh=17 ae enti•Vlcd to rccov i z.- C .pa u of such action Or p-roceedings reaaon ble attorneys' fees and CO'w�' r r'_ MIL n Holding Over Fnis lease shall te.=.i.neza and beco= null and Void vi thouU it r Sher notice uaoa the, e miration, of the term specified, and, any holdinr., over by •Z'•ccsee w per the =2- ira Lion of said term shall not constitute. a rcnawal �e-eof or � ve Lessee. a=+y :inhts her-u, o� in, or to the leased land., c:c 1.V ec otne=,TiSa herein provld'ed) it. being understood and a• eed that c: is lease cannot be renewed., extended:, or in any u^.nner modified except in w-:tiny 1pea by both. parties hereto. ' A -EUM ' •.• - CGnE�rvGc=G'4.L'6.G. i"hf"?eC'G - __-,e` is Of the esseL:ce Of` •i.7�'s lease. uaclL ^cnd all. Of Vae ••`l..C.s�.^., OC 'i,io=-- at^n'' rest�leUonS• herCOi�'.. S�."!.�ll be, a("wP-:'a. �:S :`Ln.21n:i t1+•u1 . _e i. and zhall inure•to., the benefit of and. shall: be Linaing, upon � e .SC ce:.F.C_•'..^.. in i"y'GereSt, Of- L�SGCl:,- asd 5L'b3eC.t, 'v0 'he-, re5tF 1Ct7.013:2, of .. r.• t �ie; :i:a L~exeo�, the. authorized enc• bre eers,, aasipees,, t-•:nsfereea,, y yen:vva, licensees, and. othew successors in, i�ltecest of Lessee., ln. is lease the neu4er gender, includes the feminine and sreLlinc,, an.V the sjng,liJ r, =amber, inclydes. V,]et j7."Lu�'al Wherever he; cont SO l::Cj1L.l?.a• , me ::title, and paraaph. headings in iiae;Ground Lease and these Conai..tioas are used: cn� for the p'i•�ose Of, com enience- and shall ' Ot be ce.::a:ad to. J-Tmit.'the suo-.-e, of 'vhe••elause or to, be, considered in •' ; ii •c,:e Conew^ucticn ereof: " li toe Lessee h-^.rel ude: is a CC�Ora Vi.Cn C.- an, u::14COr�)CS.^..YCd Or erzil 0, 'ehe. t7-r.-:3af=j asslz=ent; Cr 4,p0•VLecation of =;y% stCC.0 Ol. interest in, said cor-p o�tj0m) association or :?az'Gncrchip in '`•oa=::,�,:.�.te'�:. excess, Of tv7esvy-_ Ve 3G-r Cent (231,fo) G:1811 be dC,^•.'_'.^-.d an SJi•'c fn the =aaninS and :rcVisiM3 Of ?.-title : T hereof. A ram•., cs^ ,. .,.,•a i rI tr.7,'.-„��;•� O'1 .^..n o12;r=,e - •Of any suc:i stoc Or interest t0 a utl��,. O_C`v-� s , C•� ^�:;�;;r i,: S�ivi:Se, children Or C,: ndeiildran'i0 •el.Ceptea :'rom •VLC 1'roYiC.:Iez— �zareof - �f ^..O_e than one Lessee is n?._=:-- =der this Le se Vac 'CJLuCtiC.Z Of all s••:ch Lessees hereunder Shall be --d is joint and several. _ 13 . .462• nV � �/Vr/ir tar-^ .. L_ -u t_Oi- ' i • �J. arVJ•Vr4 V1O1 is re tined to deterzAne, and fix the .fair r.:r•.ou . ...a •! l.-7 '� ,�..£ I..r- 1 n •+q ea£•+ 1 ': C J.tnq•.a•'• SC_wa Gi Garr _e ed ._..nd Gi Oi tue led 7 d and iW.i GJv u nTu u-.er YO, ml:c:z ,_.,_tratics .shell bs cc cueted in the 201101rI22, Milner: ?ith-: ci:­ty (�o) days p_io,;, to tLe c airat_on of the initial rent pexicd and sac= . u=cozarS^' p=iod theroafter, Lessor shall appoint in •i:i'itinY an .^.1•ti:i'i.'t::LGi` . ,rg-^ve Nr:itten notice theraof to lessee and•;+T].bin ten• (1C) days . :.•a3 i v.'•.aa Of Sich notice, Zac see shall., in like v'snner so. bint an' ^*,W ^..� . . ..Luc ,7..4'v +ui ttoi3 1_OtiCO Z;hareof t0 IEO£Or, Orin case' Of p1.. 1"r,i_lL:.. . . . C� Cct_,Vs 'Q a of erato .so YO do t:_e oiher'!party sha,ll••have. the r=gr;rc •bo •. ••CT:�3y to ,$`ilpG'rior co ct.af'Oxauja Caun-by, . California, to•'tproint an • . ,..2T':. •tr:.:.0i t0 rerraCail� '`uhe defaulting Vzxty* `.t le:tWO a!AO i'Grai3Or3"t lll'3' w.rcinted (in ei cllea• Lam;n r) stall'£elcev 'and s._.z�oint in i-witinz c t'aixd • 2•'Givri:COr caild give 471'i.tven notice- uherE:Of'•tO L stor•and. Lessee' or- if '.% L' hi=— lien (la) day.- after the, am:,Vlntmezt,'of s id' second a-•b1'L't'utor_o vII0- trio arbitrators shall fzdl to arnoint a•third, thexi 'either' rsatiy hereto .. s^ 11 have the WI2wa t0' mmke a:--cation. to said. Superior' COur� to arroint ouaz third arbitrator: ` ^e threem5 bitz&cor.s. so appo't:•ite& (in, either manner) shall, .. :r?f 11:-- a Con, enient tiny and, p?. Ca. i}l tie C��:ilty Oi ora e,for Bear- , i-- Une =..face to be wbiui,atad• and shall, j'y#ra, i-wixten notice thereof `v0 ' 'Cac's2�-..w-•'(:y hereto at least iirr.e. (5;) days prior to-'the, date so fiyady and ' s4_d :bl-trators shall with reasonable dii'_ganee' hear. and determine the. •"� .attar in accordanca vith the 3w.ov7:sions hereof and Of the SvatUies and . ju9jeial decisions of the State: of California, at the: time,.-applicable. theratoy crd s'.. 11 execute and acImmrledgc. their aimrd. thereon, in writing and, cause- a, coyy thereof to be delivered. to, each, of the, parties, hereto. the aT."xd, Of' a.ma ority Of said ar:citratoxs shall, deter>si.ne t'aa r�sstio3 arbitrs:ced, and. a, judZipment may,be rendered. by' said. Si re.ior CGu. ecni"luring' said *v-,xd, or the 'same may Ioe•vacated,. modified, Oz- corrected '• b,r said CCli..vyu.Tr that_ instance oi,• either of the parties hereto, in acco'rd:slce • • • _ wi:- .:: -ha then. existii1;g statuter. -of• -he S VB.'Ye off'Cali fornie_ apr licnIble, to, arbitz'a ::ohs,, the provisions of—urhjch, statutes shall. apply hereJco• as fully cs 'aso, z y: ineoi:porated herein.. , if tuo of, t'_e three akbitrat:ors first appointed as aforesaid shall • Non 7 -+T.,�'.:•^. t t f- matt—A, a.st do i.eac*, n aT,7a.-_-O.:'i• an. G.^.e` d@Ye1i1:L 1av1On Ol the m3v v.._ in Cit...avt.Gn, . • l:_C.. £.^._... .+.---1. be'decided by Yu.et. iiG'i7 c.c.vl YiGYOlS., T+ehO S+i7."._.l be ep JG_..ved =d 0mal_1 :^._GCaed in v_e' Gana natae4 as, hereit::OGI set forth, and said _=vi3COc : 11 Ga re_ec red =-til .a L'•ecisi.On is finally' reach . ad by two O'ae ' �wCh Of t a ^o ii::,:'eto shall,1, j;C'iy fqr tie servicer of itr _ 2 1. of the iv-e C:.,..,.,,.:d by the arbitrator £elecvec by •Y'.,.. a _Oi:ir.^as and of all••OYhea' yr0_Jer coots. off arbitration., with the . axcC'„vion of 4i.NOrneys fans andwitness fees.. w 0c=t_-=a 4-52 RMIER TO CWT.7RPL COUDMIOVS l.. With respect to any arbitration required as to fair narket value of the leased land as provided in Paragraph 3(b) of `the lease, it, is understood and agreed that the arbitrators used for such purpose shall be rbers in good standing of the bill. As to fair market value of the leased 1aad, the some shall be deemed to relate only to bare land, value, and shall be the price for cash at which, the land, would change hands at the time in- volved between. a willing, seller.• and a willing buyer_; neither- being under' any coNP+' lion to. sell or buy,, and shall be. further 'based upon, a, presumption, that the Land ha, no Improvements, is not subject to the lease, and has no e eavation, or grading thereof.. Until, such reappraisals are. made, Lessee nay, continue to pay rent, accordizT, to the scale of the preceding rental period.. In no event, hovevcr,, shall the rental as determined by reappraisal ever exceed the rental paid for the previous. rental: period by more than, twenty per cent, (20 v,).. 2. P.otwithstandir;, the provisions of Paragraph, Ir of the: lease, Lessee may use and. occupy•the; premises, fora ony lawful purpoz-q other tham such. psa-goses as irould.be. classified heavy industris:1 under local, zoning ordinances; provided,, however, nothing herein shall.be deemed to affecat. the Lessor's, ar- chitectur,al control. of Lessee's. Improvementa as, in said,lease and.herein. provided. 3. the General. Conditions. toD Groune- Lease incorporated within, said le;,so care hereby modified, .0 e nded. ,^and supplemented as follows, and the Ro-_..a, morals, hereafter used shall refer- to the corresponding article =triers fz said Gencrsl Conditions: 4. Eith respect to Lessee's ir-provencnt of thoh• premises, the follovin; shall apply: a) Leosor's coroval shall be limited only to site pl=s and wverior clevations and Lessor shall have no rigat to object to interior layout and ctructural and en ineering matters. b) .T.•' Lass= fails to notify Lessee in writing of Lessor's Gis.".-qprOVal Of site plans and elevations within thirty (30) drys fro= recei thereof, Lessor, shell be dewed to have approved the uu..^.w- c) If Lessor disapproves and.Lessee objects to such ciawp- proval, the s= --hall be s'uOmi.tted to arbitration as in Article M= provided, exceyb that in that Brent the arbitrators shall be licensed architects and fello a in-desiLa in the Azari.can institute of Architects. 5. With respect to taxes and, assessments Which Lessee is to pay as 'provided. :in Article V, Lessee shall have the rigizt to contest the validity of any of the ease, provided that payawent thereof is secured by�bond. and pro- ceediu�"s for foreclosure. thereof are stayed- For, that pa-dose, Lessee sheal I. have the right to institute such proceeding or proceedings in. the MA", of Lessor, as Lessee. deers necessary. Lessee shall 'Pay al i costs and expenses inaarred. by reason thereof. 6. Lessor''s approval. Of site plans, as provided in the. lease. =cl here3na7oove shall be. deemed approval. of• aIL agreement re:eri:ed to. in Article, ?. Lessee's obligation to•repair• facilities, appurtenant Va the. leasae . _remises shal1 be; limited.ta such facilities as are vrit'nin the bouadsries of -the lcasecl premises. 8. Nothing in. this lease shall relieve-Lessor Pro= liability cr responsibility arising fxom, out, of; or in connection.with.Lessor's Own.negli- gence. or that of its agents,, servants and e=ployees or other persons ac'tiL under yt. . g. = required by a y loader of Lessee, insurarcc prOceeC be 12,-y4ble to such lender•, to be held by such lender to assure the, rc--b d =(I rostorfl7vl0n of any destruction on the leased pre i.ses. I:ot'hing hereia, allo,•t the lender to retain :!Zzu--ance proceeds as pay=ant :ten full CrY�'!••�• + loan ..N � have L.a-.I- Yo L3Dsoe in y.._ Y or r'J 10. At a.i/ ti: - during the tee hereof, Lessee r:y d::-olish r.=;; .rove= t than On the leased praxises, provided that in connection tith soxh -2- dealitiO'L, Lessee rebuild:. 2=d restores on the leaved n.e^..ises a new =�..*prove- nent 1721ich rh^'-' not be SUbst 'a tia �"f less tIzan the fair va'l e Of the LprOVe- �cishecl. n co=ectwon vrth _y sj,.ca c3 lition and reconwtructicn, Lessee shad i skbn�.t site p1^`s a d elevu�icns to Lessor for Lessor's wpprovy in the Sa_7-e mar er a__ pro-.r de& in co :action SF1th Lessee's ori.-inal constrL'^.t:ion O'r an prove:'^. nt hereimd:er. . ,m o ti---- :or restoration, after dest. ction saa11, be e :tead+d for. sLall pwicas as, Lessee zigy be dalajed Uy stryes, acts, Of GJd,, war or' Other: ev.wlts of force TL'cjA=e-bayo_d,Lessoe'B caMtrOl- 11. Lessee shall have the rust to contest the validity of any liC-n5 d a,3.._.L>'.. the eased. 73+`e✓%sQsI prOvidod Lc=ee bonds such lien:, as set forth in Cal for a Code Of Civil rrocad=e Section 1193.2.. rTna'bond. «'Lich may be reyLirad of Lessee under the: provisions of - Fsticle =(2) shall be a contract bond. 12. LLezoor' shall not'u=.zeasonabl;}r wiz'nhold its consent to arsy of the nettera refarred.to in. Article i'.::�.I., Uith recnec; to -Axticle Section I, Lesseee shall have thirty Any + o 't levy Or seizure under' leaul. process' Or' an',?' .,. �o rc:.cve any' attacTs;.eu�,. r ceiver. a � it_ted `o tsa�e. �caaession o� the, 1ese31=ud or tie operations oZ rased tke_rcon« 13. Fnr�.Qez re wires it, Lessor shall give such encur- y _. ,._ =Armed-. 5... it wen r.V Mi�ie �'li sly �r'iZa%,�.t �y Lessee. ZA�rL Ilw�'.�i.L4.Les.Nr./i: Zn't� E '��I� rely to ta=La m=.te the !case. 14. Lcs--ca s'Lsll not ba L.--.c.W.OJ in de o:.` harms n2 r' G-: Ceps. y+OA _r ;esz s-pacify ,g •_a -ecure of such d`-f-c l.t --eL the ex- D—ation of •Ghiz—^ y (30) da`fu^ 'i ha:CC_-"tE:r or :such :C-cxt er t'i as ray be reacaiza&j. • �. r•,nt - - T ten,.-.. a Lzz c0= laced and is , ,• .. $rGv�Cc_& -,,L ,,i'"• 5ai& �.hirty (301 C'-.j �i.:r 1C:t, ..+ .+.:e.. s . y c'i`a t::e .�.•'--•s O-.aG CL"^�:8 .s.�.'a u1t.�1.�.I1 a'1 additional u.�..}.�.f 1 15. 7-e is- rir .+ �iCle <.:�{. i�h re✓Duy� u0 : ✓_.J"•'- nJ-S •t '•�:nr+JGT f�Y@ {27) PerCen:v O:''. vie COI'�>Ordv8 £tOC'.: O� LC."isee :e ^n•� ��Oi:..✓4 -. = G: ., a lc.-n� ra..•:ir-^-3 rJ liC�.r J v:� �..Iu`y.�...rV \... .�i�l V •'^.�.....r...) _ + Tnrnn� he `^•'• ;:;3YC3p such Y-O- J.+.-., uy✓✓y�. rew.._..r n J• T y...✓t u clor Tv�:aiC"IS S.:^..,1•! a:ply t0 =—y --eCuen. hold= OJ. he 1,3ssey'S 1TIt'''...,n -� . the lease. 1G. F.t is unde'cstood and weed as follows: ,�tey of Lessee shall not result in termination of anyth1S !case _-, lender who has loaned On the security Of the. lease continues GO Pay the rent a 'wr the lease; bj At- such ti e: as may be requested by Lessee, Lessor shall' render ia tsr-3t%n ' en esian 1. cerLificate that the lease be: i*I I'ii3 force a:d effect and that to the. best of Lessor's imo:rle'�;e �:Iere. ara no unc=ad defaults le..se .a sudh, state. 0. f aCtu be then. true, and if such :Nate Ot facts undo^' th-e n i hall. sreci.-'y therein any i such defaults evisti:G, not ul=- be traeo such notice s - (_} ;saeneYer record title to the, reversionary interest in the leased __e✓ceo - :1z .,aid.by more: th- One. :arson., Lessee r.-y act u»On the 9:n-� st- atiom Of the holders of at least one_ha, +. she • ndivided Interest is the roren-Isms; the Lessor a�rin�, tile' tc hereof encl�ers the tee or ^ l ri:cn nnin Lessor hi ! S,- Lessee and. J.2.-a r.^.-'_nnri •vn _iatw.�Su i:a. t,.,.e 4C-....�Jc.d. ?L yam.-.of'S� she!! pry uy".._Cna.f shall require' `f '_"_rOYCL. C:�C'uvrt�']Ae-"' O:' t'hC�... 1e3GEE'.q n OtiCC�.. O� SltCh, fact and u u:ae eTiC.�O"._.Car O.•'. 'w'=3. r2V0_sio'..c_ l Q esu tee,(jive T+C✓Sv^e, aaQ L.9DJCC'E e nC"u:fn.'=aGr notice o de_. arlt on such, cuWora�ce.. in such .,,c:-, - shall have the riy'It to �:�%'GY....6 C.. �72.:v_ye: sa.uJ. •pC'f a:Q 6/:,C''�t;3 �'r' sL'Ch 0701:*&ationz £..;C1rad" ✓y the CLCt�:.tbrc_'`ICa On tae yy.<.t she .^"'"=:S t+2=---o wainit tf." re:.t ht;ieyrver• -g" !4G; N�•�T �u jG: 1.�..•�7 CiW�Ci y /� ` ^asiaent Ju�cJ �p rn c Y/ •J .rt . n^ GR0U -ND L E _? S E TdIS i "Si, rode as of .ne -1 J ay c_ b/ and rf between IRVL-''', rv:liSTtiIAL CG'A.2ZM, a California corpo rat�ion, :.erein referred to as "Lessor," and WILLARD D. VOIT, 're-rein referred to as "Lessee," WITIdE S SET -H: 1. Leased Land: For and in consideration of the payment of rent, taxes and other charges, and of the performance of all of the covenants and conditions of this lease by Lessee, Lessor hereby leases to Lessee that certain parcel of land situated in the. City of Newport Beach, county of Orange;, State, of California, described as follows: -All of Lot 7 in Tract 5169, as sho,,m on a map recorded in Book 190, pages 112 12 and 13, inclusive, of ,✓iscel- laneous Naps, records of Orange County, California; RESERVING unto the Lessor, its successors• and assigns, an easement for pipelines and polelines in,, under, over and along the Northwesterly 6.00 feet thereof; SUBJECT' TO:, Covenants, conditions-, reservations, restrictions, rights and rights of way of record, or apparent;. . (hereinafter referred to as the "leased land 2,.. Term: Said land is leased. for a term: of fifty-five: (55) Years, commencing on the lst day of February, 1965: and. ending on the 31st day of January, 2020, subjeat to earlier termination as' hereinafter provided.., 3- Rental: Lessee agrees to-gay to Lessor as, rental for the use and occupancy of the leased land under this lease the following sums, subject to adjustment as hereinafter provided: a) Minimum Rental: The sum of Ninety-nine Thousand Dollars ($99,000.00), payable in equal annual installments of One Thousand Eight Hundred Dollars ($1,800.00) each, in advance, on the lst day of February of each year during the term of this lease until the entire sum is paid in fill 4 e:c?iratic: of t::e fiitaant ccr of 'Vhe to:^: of t:'.is :.ease a.d Cach yCa_ ..:.C=CG:'te�, :e ••�••- ••'�" rC:�:1 shall be adjwzed to a s= e(raal to sic.: Cl CC:t (C5,) of t:e t:Cn r.ar":ct .. 1•......n....t Value of the leased ..-anG (e:iC.'�w3i Te o Ai.(i thereafter during the 1-=ainner of said Lessee stall pay �o Lessor such minimum annual -rental as so adjusted at the zi:Ges and in the man:er 'rereinaf-er provided. In no event sha1J the -rent as deter...ined by this provision be less than the minimum rental under subparagraph a) of this paragra: a ,?j. 1f u:on the expiration of said fifteenth yaar and any tenth year thereafter the parties hereto have failed to agree upon the fair market value of the 'eased land, then and thereupon such, values shall be determined by arbitration as provided under Article XXII "Arbitration" of the General Conal Uons attached 'hereto and. made a part hereof. 4. Uses and Purposes: During the term hereof Lessee shall use and occupy the leased land for the construction, maintenance and operation of a building for the uses as set forth in Exhibit "A"' attached hereto and by this reference made a part hereof, together with off-street automobile parsing, appropriate landscaping and planting, and, other facilities incidental to such uses and purposes and for such other similar uses: and purposes as shall first be approved in writing by, Less=., g. Additional Requirements: in. addition to the other covenants and conditions to be performed by-*Lessee hereunder as a material part of the con- sideration for this lease, Lessee agrees: to:. (a) Install or cause to be installed at Lessee's sole cost and, expense and upon request of Lessor„ a' standard four-foot sidevalk within the. public right-of-way along Birch Street immediately adjacent to the leased land to the plans and specifications of the City of Newport Beach for the improvement and development of said street. (b) Reimburse Lessor, upon execution of this lease, the sun of One Thousand Dollars ($1,000.00) as Lessee's proportionate share of offsite_ underground electrical and telephone lines to which the Lessee may connect and receive service. - 2 7 h • • 3 6. Gcne_al Con icns: '-:e Ganeral Conditions ro Gro%=-, Case, attacred 'hereto, are by this reference incorporated Inerein and nade a pert hereof. L9? w_u`:SS ,':.' i0?, the parties hereto .lave e::ecaued this :case, tale L2SSOr by its Officers t hereunto d'wy au�l:orized and Its co+:yAra-ue seal affixed as of the day and. year first above written. IRVIS r. MMUSTRVIL C011.LF.}'CBy /i ,PreS3de�� (rTiliard ,. Z'oiz) Y y - Secretly "Lessor" "Lessee" - 3 - The following categories of uses shall be permitted in Tracts 3201 and 5169; North of Dove Street: a. Blue printing, photostating, photo engraving.. Printing, publishing of books, periodicals and news- papers and book binding. b. Glass edging, beveling and silvering. c. Research, assembly, testing and repair of components, devices, equipment and systems, and parts and com- ponents, such as but not limited to: Electronic, guidance, or radio systems Coils, tubes, semi-conductors Communications, guidance and control systems Data processing Metering instruments Optical devices equipment, and systems Phonographs and audio units Radar, infra-red and ultra-violet equipment and systems Scientific and mechanical instruments Television and radio equipment Testing equipment Graphic arts equipment. Photographic equipment d. Research laboratories and, facilities,, developmental laborator:ies and facilities and testing, laboratories an& facilities• such. as, but not limited ta: Bio-chemical Film, Medical or, Dental Metallurgy- Physical and Chemical X=Ray Pharmaceuticals Development facilities, for national welfare; on land, sea and air. e. Offices. f. Inside: storage,. EXHIBIT °A'r GENERAL CONDITIONS TO G;FIMITi LEASE The following General Conditions are incorporated in and made a part of the foregoing lease as though fully set forth at length therein, to wit: ARTICLE I Lessee's operations During such term the leased land and all improvements constructed and maintained thereon shall be used by the Lessee for the use specified and for no other use or purpose.. Lessee shall not use or permit any other person to use said premises, or any part thereof, for any purposes tending to injure the reputation thereof or for any improper or offensive use or to constitute a. nuisance; and Lessee shall at all times during. said term conform to and cause all persons using or occupying any part of said premises to comply with all public laws, ordinances and regulations from time to time applicable thereto and to all operations thereon. ARTICLE II Lessee's Improvements 1. Lessee shall diligently prosecute the work on any building and improvement to the leased land (here-inafter referred. to as, "said improvements"') to completion and shall complete the same oa make said improvements ready for use and operation on or before , onths from, the date: of this lease. If' Lessee shall fail to. complete the: constructi= of said improve-, ments in the manner, provided, in this lease: within •said time,, such failure, shall constitute a material failure of consideration. hereunder, and a breach of the. covenants and conditions of this lease, provided, however,, that. the date specified for the completion of said improvements shall be extended for so long as Lessee shall be prevented from completing the- same by war,. acts of God or other- unavoidable accidents or interferences beyond the reasonable control of Lessee, but in no event to exceed the period of one. (I) year. Before Lessee commences the construction of said improvements or any part thereof, Lessee shall deliver to Lessor for its approval two (2) complete sets of construction, plans and specifications for the exterior' of said improvements.), prepared by a licensed architect or licensed engineer including but not limited to, grading . and drainage plans and s'oiils report as provided under Article N hereinbelow, a plot plan showing the proposed location of said improvements.,- all utilities. and service connections and all places. of ingress and egress to public streets and roads and plans for outdoor signs, lighting and landscaping. If approved; such approval shall be endorsed by Lessor upon said plans, specifications and plot plan within thirty (j0) days from the receipt thereo: , one (1) set of which shall be retained by it. If Lessor does not approve such plans and. specifications, Lessor shall within thirty 00) days from- the receipt thereof notify Lessee of its reasons for not approving said plans and specifications. 2. IJo structure or other improvement, the plans, specifications and proposed location of which have not first received the written approval of Lessor, or which does not comply with such approved plans, specifications and locations, shall be constructed or maintained on the leased land. IJo material addition to or alteration of any building or structure erected on the leased land shall be commenced unless and?until plans and specifications covering the exterior of the proposed addition or alteration shall have been first vJ - Com/Ind 164 submitted to and approved by Lessor in the manner above provided. Mren the construction of any building or other structure on the leased land, or any addition thereto or alteration thereof, is commenced, the same shall prosecuted with reasonable diligence to completion,. and shall comply with all public laws, ordinances and regulations applicable thereto and shall be constructed and completed at the sole cost and expense of Lessee and without any cost, expense or liability of Lessor whatsoever. 3. The approval by Lessor of any plans and specifications refers only to the conformity of such plans and specifications to the general architectural plan for the leased land and neighboring land of the Lessor; such plans and specifications are not approved for architectural or engineering design and Lessor, by approving such plans and specifications, assumes no liability or responsibility therefor or for any defect in any structure constructed from such plans or specifications. 4.. All of said improvements, and all subsequent additions thereto and alterations therein and replacements thereof, shall become and remain. a part of the leased land, subject to the use and occupancy of Lessee hereunder, and none of the same shall. be encumbered,. transferred, removed or materially altered, except as otherwise provided in this- lease and. upon the expiration of the term hereof or any earlier termination of this lease., all of said. improvements shall become the property of Lessor without the payment of any consideration therefor. ARTICLE IIr Signs Lessee may, at its expense,, erect on.the leased land such signs and provide such exterior lighting. as, shall be provided for in the plans and specifications for the improvements mutually approved under Article II above,, but. Lessee shall not thereafter erect or maintain any other or additional'. ' signs or any other exterior lighting on said land without the prior written approval and consent of Lessor. ARTICLE IV Underground Conditions 1. It is understood and agreed that Lessee has made, or prior to. the construction of any building hereunder will make, its own tests to ascertain the amount and extent of the present fill and/or any subsurface or soil condition upon or in connection with. the leased land and that this lease is made subject to and without liability because of or resulting from any fill or any subsurface or soil condition upon or in correction with the leased land. -2- t GC - cos./Ind 164 2. Prior to the commencement of any grading, Lessee shall submit grading and drainage plans to the Lessor for its approval as provided under Article II hereof showing the existing topography, proposed cut and fill and proposed finished grade together with calculations of anticipated run- off and points of concentration. Such plans must be rrepared and signed by a licensed civil engineer. A soils report prepared by a licensed (soils) engineer or geologist shall be submitted with such grading and drainage plans. All grading work must be conducted under the supervision of a licensed (soils) engineer. A final certification of grading operations by a recognized soil testing laboratory must be filed with the Lessor uren completion of the grading worY.. 3. lessee shall not drain or discharge water from the leased land on to adjoining land;, the leased land will be so graded and drained as to cause the discharge of all water on the street adjoining the leased land or into an established drainage easement, if any, on. the leased land. ARTICLE V Taxes 1. In addition to the rentals hereinabove provided,, Lessee shall pay and discharge all taxes,, general and special assessments and other- charges of every description which during the terM of' this lease. may be levied upon or assessed against the leased land and all interests therein and all improvements and other property thereon, whether belonging to Lessor or Lessee., or to which either of them may become liable in relation thereto_, not later than thirty (30) days prior to the delinquency date: thereof. . Lessee hereby agrees to protect and hold harmless Lessor and the leased land and a71 improvements in., on or about the same from all liability for' any and all- such taxes,, assessments- and changes., together with any interest., penalties or other sums thereby imposed, and from, any sale or- other proceeding. to enforce payment thereof. During- said term Lessee shall cause, all- taxes, assessments and other charges levied upon or imposed upon any personal rroperty situated in, on or about the leased land to be levied or assessed separately from the leased land and not as a lien thereon. 2. All such taxes and assessments for the first and, if the Lessee is not in default under this lease, the last year of this lease shall be, prorated between the Lessor and Lessee on the basis of a tax fiscal year commencing July 1 and ending June 30. 3. if the leased land is assessed for taxation purposes with other_ lands of the Lessor, until the leased land is separately assessed, all real estate taxes and assessments imposed upon the entire block in which the leased land is a part shall be prorated and the Lessee shall pay that portion that the area of the leased land,' hereunder bears to the total area of all land within the assessment block. -3- GC - ComfInd 164 ARTICLE VI Utilities I. Lessee shall determine the availability of and shall, at its sole cost and expense, cause to be installed in, on and about the leased land all facilities necessary to supply thereto all water, sewage, gas,, electricity, telephone and other like services required in Lessee's operations hereunder, and during the term hereof', Lessee agrees to pay all charges and expenses in connection therewith and to protect Lessor and said land therefrom. 2. Lessee shall not enter into contract agreement ortpublic any city; the County of Orange) or any government agency or bokyutility with reference to sewer lines or connections, water lines orecosnnec tions, street improvements, including but tty cnot limited onsj tinesror�eestters, parkways and street lighting, or nts without the prior written consent of Lessor. ARTMLE' VII Repairs and, Upkeep I., Lessor shall not be required or, obligated. to make• any changes., alterations, additions,, improvements or repairs in, on or about the• leased land,, or any part thereof, during the term of this lease.. 2. A.t all times during said term Lessee shall., at its cost and expense, keep and maintain said land and all improvements thereon and all- facilities appurtenant thereto in. good order and repair and safe: condition, and the whole of said land, improvements thereto and landscaping thereon in a clean, sanitary, orderly and attractive conditions and Lessee shall make any and all, additions to or alterations or repairs in and about said land and the improvements thereon which may be required by and shall other- wise observe and comply with all public laws, ordinances and regulations from time to time applicable to said land; and Lessee shall indemnify and save harmless Lessor against withl actions, claims and and perform the p ovisionseofbtheeason of' foregoing Lessee's failure to comply y Article. ARTICLE VIII Lessor's idonliability Lessor shall not be liable for any loss, damage or injury of any kind or character to any person or property arising from any use of the n leased land, or any part thereof, or caused by any defect in any g, structure or other improvement thereon or in any equipment or other facility therein, or caused by or arising from any act or omission of Lessee, or of any of its agents, employees, licensees or invitees, or by or from any accident GC - Com/Ind loA -4- on said land or any fire or other casualty thereon, or occasioned by the failure of Lessee to maintain the premises in safe condition, or arising from any other cause whatsoever; and Lessee, as a material part of the consideration of this lease, hereby waives on its behalf all claims and demands against Lessor for any such loss, damage or injury of Lessee; and hereby agrees to indemnify and hold Lessor entirely free and harmless from all liability for any such loss, damage or injury p-Pr v from all costs and expenses arising therefrom. ARTICLE IX Insurance L. Fire insurance. During the period of construction of a:W building or other improvement on the leased land and at a2:,. times theraefter during the term hereof, Lessee shall keep the same insured against loss or damage by fire, with extended coverage endorsement or its equivalent in such responsible insurance companies- as Lessee shall select and Lessor shall approve; and in amounts not less than eighty per cent iB�of the insurable value of the building and other improvementa insured., with loss payable thereunder to Lessor and Lessee and to any authorized encumbrancer of Lessee in accordance with their respective interests therein as :provided in this lease and in any written consent to such encumbrance by 'the Lessor; provided, however, any such policy may provide that, a loss of less than, $5,,000.00 may be paid directly to Lessee and any authorized encumbrancer without the prior consent of Lessor. Lessee: shall pay all premiums and other charges in connection with such insurance and from time to time shall deposit with Lessor the certificate of the insurance carrier• as to each policy of such insurance and satisfactory evidence of the payment of premiums and, other charges thereunder. Such insurance. policies shall contain_ an ex- press waiver of* any right of' subrogation against. Lessor. 2_ Liability Insurance. Lessee shall., at its cost and expense.,, at all times during the• term of- this, lease:, maintain..in force for the, joint benefit of Lessor and Lessee.,, a broad form comprehensive coverage policy of public liability insurance by the terms of which Lessor and Lessee are named as insured and are indemnified against liability for damage, or injury to the property or, person (including death) of any Lessee or invitee of Lessee or any other person entering upon, or using the leased land, or any structure thereon, or any part thereof,• and arising from the use and occupancy thereof. Such insurance policy or policies. shall be maintained on the minimly um basisjury f $ 50,000.00 for damage- to property and $00,00000 or death of one person and $300)000.00 for bodily injury or death in any one accident. Such insurance policy or policies shall be stated to be primary and non-contributing with any insurance which may be carried by Lessor, and Lessee shall deliver to Lessor the certificate of each insurance carrier as to each such insurance policy. ARTICLE X Restoration 1. If during the term hereof any building, or improvement erected by Lessee on the leased land, or any part thereof, shall be damaged or destroyed by fire or other casualty, Lessee shall, at its cost a_.d, expense, repair or restore the same according to the original plans thereof or to - - 5 - such modified plans as shall be previously approved in writing by Lessor, and such work of repair or restoration shall be commenced within one hundred twenty (120) days after the damage or loss occurs and shall be completed with due diligence but not longer than one (1) year after such work is commenced, and such work shall be otherwise done in accordance with the requiremnts of Article II of these General Conditions, and all insurance proceeds collected for such damage or destruction shall be applied to the cost of such repairs or restoration, and if such insurance proceeds shall be insufficient for said purpose, Lessee shall make up the deficiency out of its own funds. Should ,Lessee fail or refuse to make the repairs or restoration as hereinabove provided, or if the authorized encumbrancer of Lessee, if any, after thirty (30) days' written notice by Lessor, shall fail or refuse to undertake and complete such work on behalf of Lessee, then in either of said events such failure or refusal shall constitute a default under the covenants and conditions hereof and all insurance proceeds so collected shall be forthwith paid over to and retained by Lessor on. its own accour_t and Lesscr may, but shall not be required to, use and apply the same for and to the repair or restoration of said land, and Lessor may, at its option, terminate this lease as elsewhere provided herein. 2. I?otvithstanding anything to the contrary contained in the preceding paragraph, if during the last five ears of the term hereof any building erected on said land shall be damaged, by fire or, other casualty and if the cost of repairing or restoring the same shall exceed the insurance proceeds payable for such damage, then Lessee shall have the option, to be, exercised within thirty (30) days after such event, (a)• to repair or restore said building as hereinabova provided, or (b) subject to the prior written consent of the authorized encumbrancer, if any, to terminate this lease by written notice thereof to Lessor•, which option to terminate shall be condi- tioned as follows: (1) Lessee shall, at its, expense., within ninety (90) days after the damage occurs, tear down andheemovedebrialxesultparts o f said rom sbuilding and other- improvements then remaining n uch fire or other casualty and otherwise clean up. and restore the leased land, as far, as practicable,, to its original, condition, free and clear of' liens, and (2) within ten (10) days• after, the completion of said clean-up and restoration Lessee shall surrender to Lessor possession Lessoron, of id larent cleaned up and restored as aforesaid,, and shall, pay accruing to the date of such surrender and Lessee's pro-rata share of all unpaid taxes and assessments that then shalT have: become• a. lien upon said premises, and (3) thereupon, but not. befbra. said lease shall terminate. The insurance proceeds collected and paid for, such damage,. to the. extent available for said purposes., shall be: applied to the cost of such, clean-up and restoration, and the unexpended balance thereof,, if any,,, shall be re- tained, until, the statutory period of filing liens after the completion of said work of clean-up and restoration has expire&- and no liens have been filed or remain unsatisfied, and until. Lessea ha furnished too LLessor a certificate of a title insurance company doing business California, certifying that no liens have been filed or remain unsatisfied of record against the leased land; whereupon Lessor shall release to Lessee or its authorized encumbrancer, if any, all of Lessor's interest in any such unexpended insurance proceeds. ARTICLE XI Liens and Claims 1. Lessee shall not suffer or permit to be enforced against the - lensed lend, or ay tea_ r - 's contractors ' ny � t the.ec£, a.-.y c echanics ' , wterial-en , Or ^--,fOcontrac-Uor J ' li e::s ar_sin„ from Or any cla2- for as�a ge Cr Gii i.^^.. Gut Of t:.e ti Or:: of any construction, repair, restoration, replacement or ir.-M over-ent, or any other claim or demand howsoever the sa.:.e ray arise, but Lessee Shall pay or cause to be paid all of said liens, clad s or demands before any act is brought tp enforce the same aoai:st sF, iar--d; and Lessee SVri:c=5 to indemnify and hold Lessor and said land free and .has less from all liability for any and all such liens, claims and demands, toGetner Smith reasonable attorneys fees and all costs and expenses in connection therewith. 27O.W_thstanding anything to the contrary hereiiabove contained in this E tide Xi, if Lessee shall in good faith contest the validity of any such lien, claim or demand, then Lessee shall, at its expense, defend itself and Lessor against the same and shall pay and 'satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against Lessor or the leased land, upon the condition that if Lessor shall require, Lessee shall flsnish to Lessor a surety bond satisfactory to Lessor in an amount equal to such conteste& lien, claim or demand indemnifying Lessor against liability for the same, and holding the leased land free from the effect of such lien or claim or if Lessor shall reo_uest, Lessee shall procure and record the bond provided for in Section 1193.2 of the California Code of Civil Procedure, or any comparable statute hereafter enacted providing for a bond freeing the leased land from the effect of such lien or claim or action thereon. 2. Before the commencement of' any work of construction of any building,, structure or other improvement on the leased land, or of any substantial repairs, alterations, additions.,, replacement or restoration in and about said premises as herein provided,. Lessee. shall give to Lessor written notice thereof, specifying the nature and location of the intended, work and the expectid . date of commencement thereof.. At the request of Lessor, Lessee shall,; prior to the commencement of.' any such work, deposit with Lessor, a certificate or other, evidence, satisfactory to Lessor that Lessee has furnishe& a bond or that Lessee's building contractor; if' any, has furnished a,bond in, favor of Lessor, with a surety approved by Lessor,, guaranteeing the completion, of said work. free and. clear of al3_ subcontractors.',, mechanics-' and, material men'-s liens, or in lieu thereof, a policy of, title insurance from a Title. Company acceptable to Lessor and, in a. form acceptable to Lessor; insuring Lessor's title free and, clear of all such. liens., Lessor reserves. the, right. at any time and from. time to time. to post and, maintain. on said land. such notices as may be necessary to protect Lessor against, liability for all such liens and claims.. ARTICLE X11 Lessor ?awing --- I S, in the event Lessee shall fail to pay and discharge or cause to be paid and discharged, when due and payable, any tar., assessment or other charge upon or in connection with the leased land, or any lien or claim for labor or material employed or used in or any claim for damages arising out of the construction, repair, restoration, replacement, maintenance and use of said land and the improvement thereon, or any judgment on any contested lien or claim, or any insurance premium or expense in connection with said land and improvement, or any other claim, charge or demand winich Lessee has agreed to pay or cause to be paid under the covenants and conditions of this lease, and if Lessee, after thirty (30) days ' written notice from Lessor so to do, shall fair to pay and discharge the same, then Lessor may, at its option, nay any such tax, assessment, insurance expense, lien, claim, charge or demand, or settle or discharge any action therefor, or judgment thereon, and - 7 - uC - com/zind. -- all costs, expenses and other sums incurred or paid by Lessor in connection with any of the f oreSolnv she_:... be paid srJ L�tzGea to LeSu^Or w 1 de-. and, to.-ether with it erest thereon at the race of :even per cent �7'� ) per arum from the date incurred or paid, and any default in such repayment shall constitute a breach of the covenants and conditions of this lease. ARTICLE XIII Assignments and Subletting 1. Lessee shall not encumber, assign or otherwise transfer this lease, or any right or interest hereunder, or- in or to any of the improvements that hereafter may be constructed or installed on. the leased land., and Lessee shall not suolet said premises in, whole or in. part without the prior written consent and approval of Lessor; which consent shall not be unreasonably with- held by Lessor; provided, however., that Lessor shall be the sole judge as to the financial responsibility of any transferee., and in, the event Lessor deter- mines said transferee is not financially responsible, the withholding of Lessor's consent shall not be deemed unreasonable. No such encumbrance, as- signment or other transfer whether voluntary or, involuntary,, by operation, of law, under legal process, through receivership or bankruptcy, or otherwise, and no such subletting shall be valid or effective without such prior written consent and approval. Should. Lessee: attempt to, make or suffer to be made any such encumbrance, assignment, transfer or subletting;. except as aforesaid, or should any right or interest of Lessee under• this. lease be attached, levied upon or, seized under legal process and the same shall not be released within. ten (10) days therefrom, or should a, receiver be appointed to take possession. of the leased.land or the operations of Lessee thereon, or should Lessee be adjudged, bank rupt or insolvent. and Lessee shall. not, have been discharged therefrom without thirty (30) days, then any of the foregoing events shall be. deemed a breaclx of the. conditions and restrictions of this lease, and thereupon Lessor may, at. its option,. terminate this, lease, forthwith by written notice., and upon such termination this lease shpT1 cease and end and thenceforth be of no further force or, effect,, except as hereinafter otherwise provided. Should Lessor consent to any such encumbrance), assign- ment, transfer or•subletting, none of the restrictions of this paragraph shall be thereby waived,, but the same shall apply to each, successive encumbrance, assignment, transfer or- subletting hereunder, if any, and shall be severally binding upon each and every encumbrancer,. assignee, transferee, subtenant and other successor in interest of' Lessee,. 2. If the Lessor consents to an assignment or transfer by Lessee of all or a portion of Lessee's interest under this lease, Lessee shall pay, or cause to be paid, a transfer fee of $loo.00; provided, however, that such transfer fee shall not be payable upon Lessor's consent to a transfer or assignment of Lessee's interest hereunder as security for a loan. • i; ARTICLE X_rI ;ctr-brancec ScL' ithstar_ding the rrovisi_un,� of Ar�icle X=I7- above, if requested by Lessee, I—Cssor aP.^ees to execute its ,ate Len consent to an assignment Of this tease to a trustee under a deed of trust (herein caai*d "trust deed") for the benefit of a lender (herein called "e^=,imbrar_cer") u_on and subect: � to the fclioving covenants and conditions: (a) Said trust deed and all rights acquired thereunder shall be subject to each and all of the covenants, conditions and restrictions set forth in this lease avid to all rights and interests of the Lessor hereunder, except as herein otherwise provided; (b) In the event of any conflict between the provisions of this lease end the provisions of any such trust deed, the provisions of this lease shall control; (c) The prior written consent of Lessor shall not be required: (1) To a, transfer of this lease at foreclosure sale under the trust deed, judicial foreclosure; or an assignment in lieu of foreclosure; or (2) To any subsequent transfer by the, encumbrancer if the encumbrancer is an established bank, savings and loan association. or insurance company, and is the purchaser at such foreclosure sale; provided that in either such event the encumbrancer forthwith gives notice to the Lessor in writing of any such transfer setting forthwthe name and address of the transferee, the effective date of such transfer and the. express agreement of' the transferee assuming and, agreeing' to perform all. of the obligations under this lease, together with. a copy of the document by which such transfer was made;, and the payment to Lessor of a transfer fee of $25.00 in lieu, of, the transfer fee, as provided under, Article XIII above., Any transferee under the provisions, of subparagraph (c) (1) above shall be liable to perform the obligations of the Lessee under this lease only so long as such transferee holds title to the leasehold. Any subsequent transfer of, the leasehold hereunder shall not be made without the prior written consent, of the Lessor and shall be subject, to the conditions relating thereto as set forth in Article XIII above. (d) Upon and immediately after the recording of the trust. deed, Lessee, at Lessee's expense, shall cause to be recorded in the office of the Recorder of Orange County, California, a written request executed and acknowledged by Lessor for a copy of any notice of default and of any notice of sale under the trust deed as provided by the statutes of the State of Calif- ornia relating thereto. Concurrently with the execution of said consent Lessee shall furnish to Lessor a complete copy of the trust deed and note secured thereby, together with the name and address of the holder thereof. No such encumbrance shall be valid or effective unless and until Lessor shall execute its written consent thereto as hereinabove in this Article XIV provided. Lessor agrees that it will not terminate this lease because of any - - default or breach hereunder on the part of Lessee if the encumbrancer under such deed of trust, within sixty (60) days after service of written notice on the encumbrancer by Lessor of its intention to terminate this lease for such default or breach, shall (1) Cure such default or breach if the same can be cured by the payraent or expenditure of ror_ey provided to be paid under the terms -o- GC - Com/Ind 164 / of this lease, or if such default or breach is not so curable, cause the trustee under the trust deed to commence and thereafter to diligently pursue to completion steps and proceedings for the exercise of the power of sale under and pursuant to the trust deed in the manner provided by law, and (2) Keep and perform all of the covenants and conditions of this lease reauiring the payment or expenditure of money by Lessee until such time as said leasehold shall be sold upon foreclosure pursuant to the trust deed or shall be released or reconveyed thereunder; provided, however, that if the holder of the trust deed shall fail or refuse to comply with any and all of the conditions of this paragraph, then and thereupon Lessor shall be released from the covenant of' forebearance herein contained. Any notice to the encumbrancer provided forin this paragraph may be given concurrently with or after Lessor's notice- of default to Lessee as hereinafter provided in Article XV.. ARTICLE XV Termination Should. Lessee (a) fail to pay or. cause to be paid any tax, assessment,, insurance premium,, liens claim, charge- or demand herein provided to be paid or caused to be paid by Lessee at the times and in the manner herein provided; or (b) should Lessee default in the payment of any installment of rent or, any other sum when due as herein provided; or (a) should Lessee fail to commence, or to complete the construction,• repair, restoration or replacement of the building, and other improvements in and about the lease& land, within. the times and in the manner herein provided; or (d) should Lessee fail to commence and thereafter to continuously conduct its operations thereon within the times and. in the manner herein provided, or, (e) should Lessee fail to use, maintain and operate the premises as herein required;, or, (f) should Lessee. default in the performance of or breach any other covenant, condition or restriction of this lease herein provided to be kept or performed by Lessee; and if any such default or breach (other than any breach of the restrictions of Article XIII hereof for which immediate notice of termination may be given) shall continue uncured fora period of thirty (•30.) days from and after service upon Lessee of written notice thereof by Lessor, then, and in any such event, Lessor may,, at its option, terminate this lease by giving Lessee written notice thereof and thereupon the rights of Lessee in and to the leased land an& all improvements thereon shall cease, and. end, and Lessor may, without further notice. or demand or legal process, re-enter and take possession of said land and all improvements thereon and oust Lessee and all persons claiming under Lessee therefrom, and Lessee and all such persons shall quit and surrender possession of said land and all improve- ments thereon to Lessor. ARTICLE XVI Removal 1. Upon the expiration of the term of this lease or any earlier GC - Com/Ind 164 -10- termination thereof, Lessee shall surrender to Lessor possession of the leased land and all improvements constructed and installed thereon; provided that if Lessee shall not then be in default under any of the covenants and conditions hereof, Lessee may remove or cause to be 'removed all movable furniture, furnishings and equipment installed in the buildings on said land. Any of said personal property that is not removed from said premises within thirty (30) days after the date of any termination of this lease thereafter shall belong to Lessor without the payment of any consideration- therefor. 2. Upon the expiration of the term hereof, or any sooner termination of this lease, Lessee agrees to execute, acknowledge and deliver to Lessor a proper instrument in writing, releasing and quitclaiming to Lessor all right, title and interest of Lessee in and to the leased land and all improvements thereto. ARTICLE. XVIZ Payments and Notices All rents and other sums payable by Lessee to Lessor hereunder shall be paid to Lessor at its business office at 13042 S. W. Myford Road, Irvine,, California, or at such other place as Lessor may hereafter designate in, writing. Any notice to be given by either, of the parties hereto to the other hereunder may be delivered in person to an officer of Lessor, or to Lessee, or may be deposited, in the United States mailinn the State of California,, duly registered or certified, with postage, prepaid, and. addressed to the party for whom intended as fo7.lows-a To Lessor at its; said business, office, and to Lessee at the leased land, or- at such other addresa as either of the parties hereto may hereafter designate in writing.. Service of any, such written notice, shall be deemed complete at the time� of such personal delivery or within two. (2) days after the mailing thereof as hereivabove provided. If more than one Lessee is named under this lease,, service of any notice upon any one of said Lessees as herein provide& shall be deemed, as service upon all of said Lessees., ARTICLE, XVIII Eminent Domain 1. Definition of Terms. The term "total taking" as used in this Article means the taking of the entire leased land under the power of eminent domain or a taking of so much of said land as to prevent or substantially impair the conduct of Lessee's business thereon. The term "partial taking" means the taking of a portion only of said land which does not constitute a total taking as above defined. - 2. Total Taking. If during the term hereof there shall be a total taking by public authority under the power of eminent domain, then the leasehold estate of Lessee in and to the leased land shall cease and terminate as of the date the actual physical possession thereof shall be so taken. -11- GC - Com/Ina 164 g- Partial Taking- If during said term there shall be a partial taking of the leased land, this lease shall terminate as to the portion of said land taken upon the date upon which actual possession of said portion of said land is taken pursuant to said eminent domain proceedings but said lease shall conti.nu,: qn form -nd effect as to the remainder of said land. The basic rent^L r2yable '.erace for the balance of said term shall be abated in the ratio that t; c.vore footage ground area of the leased land taken bears to the total ground area of said land at the time of such taking. 4. Allocation of Award. All compeni tion and damaages awardedexceptas for the taking of the leased land or any po on otherwise herein provided, belong to and be the sole property of Lessor, and Lessee shall not, have any claim or be entitled to any award for diminution in value of its leasehold hereunder or for the value of any unexpired term of this lease; provided, however, that Lessee shall be entitled to any, award, that may be made for the taking of or injury to Lessee's improvements,, or on account of any cost or loss Lessee may sustain, in the removal of Lessee's fixtures,, equipment and furnishings, or as a result. of any , modifications or repairs which may be reasonably required by Lessee in order to place the remaining portion of the leased land not so condemned in a suitable condition for the continuance of Lessee's tenancy., '5- Effect of Termination. If this lease is terminated, in. whole or in part, pursuant, to any of the provisions of this Article, all rentals and other charges payable by Lessee to: Lessor hereunder and attributable to, the leased land taken, shall be paid up. to the date upon which actual, physical. possession shall be taken by the condemnor, and the parties shall thereupon be released, from. an further liability in relation thereto:., 6. voluntary Conveyance« A voluntary conveyance by Lessor to a public utility, agency or authority under threat. of a taking under the power of eminent domain in lieu of formal proceedings shall be deemed a taking within the meaning of this Article:.. ARTICLE' XIX Remedies l,. Any termination of this lease as herein provided shall not relieve Lessee from the payment of any sum or sums that shall then be due and payable to Lessor hereunder or any claim for damages then or theretofore accruing against Lessee hereunder, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessee for any default thereunder. All rights, options and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of the any shall be exclusive of the other, and Lessor shall have the right to pursue one or all of such remedies or any,. other remedy or relief which may be pro- vided by law, whether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants, conditions or restrictions of this lease shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition or restriction herein contained. -12- GC - Com/Ind 164 2. In the event either Lessor or Lessee shall bring any action or proceeding for damages for an alleged breach of any provision of this lease, to recover rents, or to enforce, rrotect. or establish any right or remedy of either parttr, the prevailing nasty shall be entitled to recover as a part of such action or proceedings reasonable attorneys ' fees and court costs. Pi3TICi,F. XX Holding Over This lease shall terminate and become null and void without further notice upon the expiration of the term specified, and any holding over by Lessee after the expiration of' said term shall not constitute a renewal hereof or give Lessee any rights hereunder or in or to the leased land, except as otherwise herein provided, it being' ar_derstood and agreed that this lease cannot be renewed, extended or in any, manner modified except in. writing signed by both parties hereto. ARTICLE XXI Construction and Effect Time is of the essence of this Tease.. Each and all of the cove— nants,.. conditions and restrictions hereof shall, be. deemed as running with the land and shall inure to the benefit. of and shall be binding upon the successors in interest of Lessor, and subject to the restrictions of Article XIII hereof, the authorized encumbr.ancers, assignees, transferees,,, subtenants, licensees and other successors' in interest of Lessee. In this lease the neuter gender- includes the feminine and masculine:, and the singular number includes the plural wherever the context so requires. The article and paragraph headings. in the Ground Lease and these General Conditions are used only for the purpose of convenience and shall not be deemed to limit the subject of the clause or to be considered in the constructions thereof. If the Lessee hereunder is a corporation or an unincorporated association or a partnership, the transfer, assignment or hypothecation of any stock or interest in said corporation, association or partnership in the aggregate in excess of twenty-five per cent (25%) shall be deemed an assignment within the meaning and provisions of Article XIII hereof. A transfer or an assignment of any such stock or interest. to a shareholder's or member's spouse, children or grandchildren is excepted from the provisions- hereof. If more than one Lessee is named under this lease the obligation of all such Lessees hereunder shall be and is joint and several. -1 J- GC - Com/D" ':c ' _ n ARTICLE XXII Arbitration If arbitration is required to determine and fix the fair market value of the leased land or of the leased land and improvements thereto) such t arb titrationexpir shall be conducted in the following manner: Within sixty (so) clays prior tion of the initial rent period and each succeeding period thereafter, Lessor shall appoint in writing an arbitrator and give written notice thereof to Lessee, and within ten (10) days after the service of such notice, Lessee shall in like manner appoint an arbitra- tor and give written notice thereof to Lessor, or in case of the failure of either party hereto so to do, the other party shall have the right to apply to the Superior Court of Orange County, California, to appoint an arbitrator to represent the default- ing party The two arbitrators thus appointed (in either manner-) shall select and appoint in writing a third arbitrator and give written notice thereof to Lessor and er the• appointment, of said second arbitrator, Lessee, or if within ten (10) days aft the two arbitrators shall fail to appoint a third, then either party hereto shall have the right to make application to said Superior Court to appoint such third arbitrator. The three arbitrators so appointed (in either manner) shall promptly fix a convenient time and place in the County of Orange for hearing the matter to be arbi- trated and shall give written notice thereof to each party hereto at least five (5) days prior to the date so fixed, and said arbitratora shall with reasonable diligence hear and determine the matter in accordance with the provisions hereof and o f the statutes and judicial decisions of' the State of California at the time applicable thereto, and shall execute and acknowledge- their award thereon in writing and cause, a copy thereof to be delivered to each of the parties hereto. The award of a majority of said arbitrators shall determine the question arbitrated, and a, judgment may be, rendered by said, Superior Court confirming, said award,, or the same may be vacated, modified or corrected. by said Court,, at the instance• of either of the parties hereto, in accordance with' the then existing statutes of the State of California applicable t�arbitrations, bi rated s, the,.provisions• of which statutes shall apply hereto as fully Bh If two of the three arbitrators first appointed as aforesaid shall fail to reach an agreement in the determination, of the: matter a and shall thepro sameeedishall be decided by three new arbitrators,, who shall.. be appointed the same manner as hereinabove set forth, and said process shall be repeated until a decision is finally reached by two of the three arbitrators selected. Each of the parties hereto shall pay for the services of its appointee and one-half of the fee charged by, the, arbitrator selected by their appointees and of' Al other proper costs of arbitration, with the exception of attorneys fees and witness fees. -14- GC - Com/Ind 164 j - - - - -- - --- -- -- - --------- ----- - - -- - 1,� - - - - - - - - - - - ---- - -- - -- - _ - - - - , - aow i � i -- -- -- - - -- - - - - ti l � i � ! I i � , M REPORT OF FINDINGS PROJECT NAME: NATIONAL EDUCATION OFFICE PROJECT LOCATION: On Birch Street between MacArthur Blvd and Corinthian Way FINDINGS Phase I Project Traffic is estimated to be less than 1% of Existing Peak 22 Hour Traffic Volume. XX Project Traffic is estimated to be greater than 1% of Existing Peak 22 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U. ) Analysis is required. -----------------------------=------------------------------------------------------------------------- Phase II Existing Plus Project Traffic I.C.U. will be less than or equal XX to 0.90. ❑ Existing Plus Project Traffic I.C.U. will be less than or equal to Existing Conditions I.C.U. El Existing Plus Project Traffic I.C.U. will be greater than 0.90. ElExisting Plus Project Traffic I.C.U. will be greater than exist- ing I.C.U. that is currently greater than 0.90. Further analysis required to determine applicable mitigation measures. ------------------------------------------------------------------------------------------------------- Phase III Existing Plus Project Traffic I.C.U. with mitigation measure(s) El will be less than or equal to 0.90. Existing Plus Project Traffic I.C.U. with mitigation measures(s) will be less than or equal to Existing Conditions I.C.U. REMARKS: Richard E monston Traffic Engineer CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST jetni Date May .21 ,• 1979 LIADVANCE PLANNING DIVISION -1PLANS ATTACHED ( PLEASE RETURN) LIPUBLIC WORKS DEPA yTMENT (TRAFFIC ENGINEER / � JPLA ON FILE IN ZONING AND OR [] FIRE DEPARTMENT ORDINANCE ADMINISTRATION []PLAN REVIEW DIVI ION DIVISION QPARKS & RECREATION ❑ POLICE DEPARTMENT ❑ MARINE SAFETY []GENERAL SERVICES APPLICATION OF National Education Company FOR A ❑VARIANCE []USE PERMIT ❑RESUBDIVISION ;0lMwX4M Traffic Study ON A REQUEST TO __consider a Traffic Study for a proposed office building containing 72 nnn g f+ ❑ra❑ared in accordance with Chapter 15.40 of the Newport Beach Municipal r do (Traffir Phasing Ordinance) and City Policy S 1 (Administrative Procedures for Tmnlomontinn +ha Traffic-Phasing Ordinance) ON LOT BLOCK TRACT ADDRESS Property located on Birch Street, and bound by Campus Drive, MacArthur Boulevard, and Dove Street. REPORT REQUESTED BY 5/25/79 COMMISSION REVIEW 6/7/79 COMMENTS FD Coy'IoPment ,,. �( Deviant. NE ORY BE ' � SIGNATURE �� WPCA4IF• ` _ DATE ! w- 1 CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST Date _ May 21 , 1979 CLADVANCE PLANNING DIVISION f]PLANS ATTACHED ( PLEASE RETURN) QPURCIC WORKS DEPARTMENT AFFIC ENGINEER UPLANS ON FILE IN ZONING AND ❑FIRE DEPARTMENT ORDINANCE ADMINISTRATION QPLAN REVIEW DIVISION DIVISION CIPARKS & RECREATION ❑POLICE DEPARTMENT [] MARINE SAFETY (]GENERAL SERVICES APPLICATION OF National Education Company FOR A QVARIANCE []USE PERMIT ❑RESUBDIVISION ;OTAAvxD(yMM Traffic Study ON A REQUEST TO consider a Traffic Study for a proposed office building containing _7, n:, nn gg f+ prepared in accordance with Chapter 15.40 of the Newport Beach Municipal lade (Traffic Phasing Ordinance) and City Policy S 1 (Administrative Procedures for _Zmpj,-mentj the Traffic Phasinp`0rdinance) ON LOT BLOCK TRACT ADDRESS Property located on, Birch Street, and bound by Campus Drive, MacArthur Boulevard, and Dove Street. REPORT REQUESTED BY 5/25/79 COMMISSION REVIEW 6/7/79 COMMENTS SIGNATURE DATE CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST C. 5N Date 5 f sI LIADVANCE PLANNING DIVISION (PLANS ATTACHED (PLEASE RETURN) ❑PUBLIC WORKS DEPARTMENNT MRAFFIC ENGINEER I G- t-. Ced? LANS ON FILE IN ZONING AND [] FIRE DEPARTMENT -� 9 ORDINANCE ADMINISTRATION []PLAN REVIEW DIVISION DIVISION 11PARKS & RECREATION ❑POLICE DEPARTMENT [] MARINE SAFETY ❑GENERAL SERVICES APPLICATION OF T(OtJAc1 1_ckucat(�N k FOR A QVARIANCE []USE P RMIT _ ❑RESUBDIVISION "("a —W(C, ST -"C� ON A REQUEST TO ct rct « a co r deecc cued, W Al � ON LPrA VAI-C ► BLOCK TRACT -A 8 b R E S S` lfOpct'�'1 ITXe.TGA ow 1i'G`� �\ �U�.NG4 �1 LI4N`(J U�..S Qr ; REPORT REQUESTED BY COMMISSION REVIEW COMMENTS 1 i I `7--� �y SIGNATURE DATE NOTICE OF PUBLIC HEARING Notice ,is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of National Education Company for a ❑ variance ❑ Use Permit ❑ Resubdivision ❑X WW.(d(XkXt(j)k)bX ` XVX—ffW--K Traffic, Study on property located .at Birch Street, and bound by Campus Drive, MacArthur Boulevard, and Dove Street. to ixet®3.-ta consider a Traffic Study for a proposed office building containing 72,000 sq.ft. prepared in accordance with Chapter 15.40 of the Newport Beach Municipal Code (Traffic Phasing Ordinance) and City Pol-icy S-1 (Administrative Procedures for Implementing the Traffic Phasing Ordinance). Notice is hereby further given that said public hearing will be " held on the 7th day of June 1979 at the hour of P .M . in the Council Chambers of the Newport Beach City Hall , at which time and place any and all persons interested may appear and be heard thereon . PAUL L . BALALIS , Secretary Planning Commission City of Newport Beach PUBLICATION DATE : Received for Pub . BY Note : The expense of this notice is paid from a filing fee collected from the aDDl i cant . Irvine Industrial Complex Irvine Industrial Complex John W. Klug et al TR Com'1 & Indust Ent 4540 Campus Dr. 1800 Jamaica Rd. Newport Beach, Cal. 92660 Costa Mesa, Cal. 92626 427-111-03 427-121-08 . ...&. ...................<. ... .....i., ..<..........<.<...<<.<....<.....<... .. .. . Irvine Co. &/or Irvine Industrial Complex MacArthur Associates (PT) Koll-Wells (PT) 11232 Los Alamitos Blvd. 1901 Dove St. . . Los Alamitos, Cal. 90720 „Newport Beach, Cal. 9266o 427=111-09 427-121-10 ..1<. ... .<<(<..... <f<<.<...............I.............. ........ ' Irvine Industrial Complex Irvine Industrial Complex c/o Gerald J. Chazan Violet M. McNaughton 431 N. Brand Blvd, #101 4341 Birch St. Ste 100 Glendale, Cal. 91203 Newport Beach, Cal. 92660 427-111-10 427-121-14 Irvine Industrial Complex Irvine Industrial Complex W.R. Grace Properties, Inc. Airport Investors 4463 Birch St. 2152 Dupont Dr. Ste 203 Newport Beach, Cal. 92660 y Irvine, Cal. 92715 427-111-11 : 427-121-15 .III ". .........<<..<........1..<......... .<...<<...<<..... ....,. , - - Irvine Industrial Complex Irvine Industrial Complex William N. Shattuck : Donald Lewis (JT) P.O. Box 1668 4301 Birch St. Newport Beach, Cal. 92663 Newport Beach, Cal. 92660 427-121-04 i 427-121-16 ........ ...I...... ... . . Irvine Industrial Complex. : Irvine Industrial Complex River Life Properties (PT) ; Ivan D.L. Geumlek etal TR 440 E. La Habra Blvd - ; 2000 Marlin Way La Habra, Cal. 90631 j Newport Beach, Cal. 92660 427-121-05 : 427-121-17 Irvine Industrial Complex Tepppenyaki LTD Partnership Raymond M. Brummett : 2049 Century Park East 436 Seaward Rd. Unit 2060 Corona del Mar, Ca. 92625 Los Angeles, Cal. 90067 427-121-06 427-171-03 Irvine Industrial Complex Newport Inn "Joint Venture 4340 Campus 'LTD (PT) S4eraton Hotel 2082 Michelson Dr. c/o Stan Orr 1015 W. Ball Rd. , Irvine, Cal. 92715 Anaheim, Cal. 92802 427-121-07 427-174-01 AGREEMENT • THIS AGREEMENT is made and entered into on this 8th day of December, 1978 , by and between the CITY OF NEWPORT BEACH , a municipal corporation , hereinafter referred to as "CITY" , and JHK and Associates , hereinafter referred to as "CONSULTANT. " W I T N E S S E T H WHEREAS , City desires to have the CONSULTANT prepare a Tra1 fie Study for a proposed office building on Birch Street (8,0, 000 �sq . ft . ) in the City of Newport Beach . WHEREAS , CONSULTANT desires to prepare said Traffic Study. NOW , THEREFORE , in consideration of the foregoing , the parties hereto agree as follows : 1 . GENERAL CONSULTANT agrees to prepare a Traffic Study on the proposed office building on Birch Street in the City of Newport Beach in accordance with the requirements set forth in Paragraph 3 of this Agreement in accordance with the terms and conditions set forth in this document. 2 . SCOPE OF WORK The subject Traffic Study will be prepared in accordance with the requirements of the City Traffic Engineer for the preparation of such studies and in accordance with Chapter 15 . 40 of the Municipal Code of the City. 3. BILLING AND PAYMENT CONSULTANT shall be paid under this Agreement on a time and material basis . In no event shall the maximum amount of this Agreement exceed Seven Hundred and Fifty Dollars ($750. ) . Partial payments shall be made by CITY to CONSULTANT upon CONSULTANT' s presentation of statements verifying the time and material costs incurred by it in connection with this Agreement. 4. FAITHFUL PERFORMANCE CONSULTANT shall use diligent efforts to complete the provisions within thirty ( 30 ) days after execution of this Agreement . The subject Traffic Study must meet the approval of the Environmental Coordinator and Traffic Engineer of the City. - 1 - 5 . TERMINATION This Agreement is subject to termination by the City at any time upon serving written notice to CONSULTANT. The CITY shall be thereafter liable to CONSULTANT only for fees and costs incurred as of the date CONSULTANT receives such notice of termination . IN WITNESS WHEREOF , the parties hereto have entered into this Agreement as of the date and year first above written . APPROVED AS TO FORM CITY OF NEWPORT BEACH � y By Assista t 'City ttorney Di Community D elopm nt Department CITY JHK AND ASSOCIATES By V 0 CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into on this 1st day of May, 1979 , by and between the CITY OF NEWPORT BEACH , a municipal corporation , hereinafter referred to as "CITY" , and JHK and Associates , hereinafter referred to as "CONSULTANT" . W I T N E S S E T H WHEREAS , City desires to have the CONSULTANT prepare a Traffic Study for a proposed office building on Birch Street (80, 000 sq . ft. ) in the City of Newport Beach . WHEREAS, CONSULTANT desires to prepare said Traffic Study. NOW, THEREFORE , in consideration of the foregoing , the parties hereto agree as follows : 1 . GENERAL CONSULTANT agrees to prepare a Traffic Study on the proposed office building on Birch Street in the City of Newport Beach in accordance with the requirements set forth in Paragraph 3 of this Agreement in accordance with the terms and conditions set forth in this document. 2 . SCOPE OF WORK The subject Traffic Study will be prepared in accordance with the requirements of the City Traffic Engineer for the prep- aration of such studies , in accordance with Chapter 15 . 40 of the Municipal Code of the City, and City Council Policy S-1 . 3. BILLING AND PAYMENT CONSULTANT shall be paid under this Agreement on a time and material basis . In no event shall the maximum amount of this Agree- ment exceed Eight Hundred and Fifty Dollars ($850 . 00) . Partial payments shall be made by CITY to CONSULTANT upon CONSULTANT' S presentation of statements verifying the time and material costs in- curred by it in connection with this Agreement. 4 . FAITHFUL PERFORMANCE CONSULTANT shall use diligent efforts to complete the pro- visions within thirty ( 30) days after execution of this Agreement. The subject Traffic Study must meet the approval of the Environmental Coordinator and Traffic Engineer of the City. - 1 - AW 5 . TERMINATION This Agreement is subject to termination by the City at any time upon serving written notice to CONSULTANT. The CITY shall be thereafter liable to CONSULTANT only for fees and costs incurred as of the date CONSULTANT receives such notice of term- ination . IN WITNESS THEREOF , the parties hereto have entered into this Agreement as of the date and year first above written. APPROVED S T FOR CITY OF NEWPORT BEACH B 6 Assis t rney Direc, Community Development Department City JHK AND ASSOCIATES B y q1Q kyk CONSULTANT hk & associates J James H. Kell, president l 9 February 8, 1979 S CCt„ D u� • � Mp`(2 1g1g� to Mr. Fred Talarico �� t4fo p� aCN1 Environmental Coordinator Community Development Department City of Newport Beach 3300 Newport Blvd. Newport Beach, Calif. 92663 Our File: #6541 Dear Mr. Talarico: This letter-type report describes the findings of our traffic analysis of the proposed National Education office development lo- cated between Campus Drive, Birch Street, Dove Street and Mac Arthur Boulevard in the City of Newport Beach. The subjects discussed in this report are as follows: Site Location • Project Description Critical Intersection Locations Trip Generation • Trip Distribution Trip Assignment Critical Intersection Impact Analysis • Intersection Capacity Utilization (ICU) Analysis • Conclusions , Site Location The proposed project is located on Birch Street, and bound by Campus Drive, Mac Arthur Blvd. , and Dove Street in the City of New- port Beach (Figure 1) . The site is surrounded primarily-by office and similar type developments. 1617 East 17th Street, Suite 20 0 Santa Ana, California 92701 0 (714) 973-0455 To 1662 12-741 Please note carefula Liability Exclusions and Limitations lle-specific assurances afforded by 'this guae. If you wish additional liability, or a �nces other'than as ron- tained herein,Please*act the Company for further information as `to the availabilityand cost. J r� Plant Service Information Guarantee P 6159 AND ND INSURANCE NDrRUSr Title Insurance and Trust Company r T mR ca w RY Liability$ 10Q 00 Fig 29.00 a California corporation,does hereby guarantee Ref 300 FOOT VARIANCE - Langdon & Wilson Architects REPORT 4901 Birch Street Newport Beach, California 92660 Attn: Katie Butler who, by requesting this limited guarantee agrees that the liability of the company hereunder shall not exceed the liability herein stated and shall be limited to actual loss if less than said amount, that,as appears from an examination of"its lot books or property indices, information as to the matters herein specified per- taining to land herein described is as follows: NAMES OF OWNERS, ADDRESSES AND ASSESSOR'S PARCEL NUMBERS OF PROPERTY LOCATED WITHIN A 300 FOOT RADIUS OF ASSESSOR'S PARCEL NOS. 427-121-09; 427-121-11; 427-121-12; 427-121-13 ARE ATTACHED. SEE MAPS ATTACHED AND No guaf"S�tiiagtadea�snsb��t��e'�t ]idity, legal effect or priority of any matter above shown, and if the infor- mati t�ls a "U�sle�rf li , t a street address, no guarantee is made that said land is the same as pn 4 9 * (( sal °iiCL�.SI jP+ a 05 C 7:30 A.M. Company a 'C Title Insurance and Trust s • ;r<, �, t l o l` ° ?ATE IS by �. 0� �► PRESIDENT / SECRETARY a _ 9 Y - -- y- , • • ' 4 •7 • r 141 — 29 14I =06 9sa I"=600 1 ' 418 -03 - ` 141 — 34 FRONTAGE ROAD N 140-18 OLD N£WPORT AVENUE NE PORT FREEWA Y - - rob nr _ 6 FFwY S Y 0 zco - sae FRW FRONTAGE ROAD " R 045 O - • 25 r 26 , fos„L 23 PA O O Nl �ia S, 62.B5Cf 352," sl0 ' y =:` 1 ''<• � N 74lAC f 24 ate.,xo• s� AL t°^ �' 03 O 1 07 R/ ^° b tpL•FCD. �\ m •�': acz cs' m a $•2 iz6 a4' ES;vT. Js' 996A N B�DPAR / ° / - y Y6./95AC. W i m 4 �w = 7 12 PAR 4 ti X 7O FRWY. 041 -��,P.M.37-- �RV� c 043 : O 4 POR. ,s 1 a°LOl/34 2 G1 •° 9.42AL. 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R p N r i . —_ m 59 m (_184 AC.(0) I 62 v — //.59 AC y M N I ' o FRWY, is O e 4.92/AC(C) 3g.'o• 33./3AC_ , � 41 ORT l 4 I � V1 q ♦ 4 I a m .. m ? oe. /.5/ACs• 28 � :aa'n"n •F^ J!i2.67AC. aw.os —u ®^ O 31 _ ..� 28 m gwpY 4.4BAC.2' ^ &AC 2.62AC-- w 65 i 13D9.,s BLVD• FRE y- F15 13 12 PORBLIC50 AC pRTNUR oermAs 445-i1 5 6 /,qV/NE StIQ , M.R.M. /—86 1 1 ^ n 1 BLK. 49/36' NOTE-SHO�YN IN CIRCLES COUNTYo F o_RANGE � }c �� 5/ 5o MARCH /966 P M. 3-26;37-38 o PARCEL NUMBERS BOOK427PAGE 04 �'. 427- 11 it CAMPUS 1 1 . TRACT 1 ' TRWr 1 1 ' 1 2 A& /VIA 3201 / c'r +P 33 n0'o' - 134-• - 135 . goo• /8. / N 12 s�o 13 'Vrz 17 / / K 128 AC 11 O CIA 9 / / 3.19 Ar- // // MD. 5169 . BNCH tip"; 10 \a / MARCH 1972 NOTE-ASSESSOR'S BLOCK S ASSESSOR'S MAP 77? A10 3201 MM.130-25-301NC- PARCEL NUMBERS BOOK4V PAGE It TR AFO 5169 M M.190-11-13 INC- SHOWN IN CIRCLES COUNTY OF ORANGE CD 427- 12 04 a It CAMPUS (ACACIA SZJ DRIVE ------------ - 1i /~r I00? d TRACT W 4 O ry 0 O O O O O O O 10 N AV 320/ uo' 23 24 2. 26 27 28 .29 30 31 39 ra 71 w - -- 2 3 t S 6 -7 - d 1 9 jo TRA�T 1 I ttu I - - AV 5169 BIRCH STREET 3 10 MARCH 1972 NOTE -ASSESSOR'S BLOCK b ASSESSOR'S MAP CDTR. N0. 320I MM. I30-25-30MC_ PARCEL NUMBERS BOOK427 PAGE 12 M TR D 5169 M.M. 190-I/-I3INC SHOWN IN CIRCLES COUNTY OF ORANGE 12 , 427- - = _ BIRCH IRVINE - TAR / PDR. LOT /39 • PAR 2 y s - O - • O - O - .PAR. I - - • ' - -a w, ` ' L196 AC 1599 AC.. Z d a 'SCOTT -�R/Yf �� Q BLK. 50 PDR LOT /39 TRACT. w � _ I-510AC . LOr / _ P. ./I. 53 - 15 L837 AC O - PAR.2 Z 2 1 t Z 2766 eC(Cl NO- TTTO ME•srERCY e - y}y,s- -. - -. _ ,- '- • .. n - / _ /400 - tor z PLACE - - " as _ ���•� . /RY/NE SUB. - M A/. - /-88. = � TRACT AFO 7770 M.M. 299-/5,/6 f3aRCEt MAP PM 40 L944AC.- - - PAR. r 4. - P N. 42-5 PAR_/ . 53-/3 45-25 NOTE-ASSESSORS BWCK'8 - y -� - - --_. -' - _ •,��- - d� GpvL ��J� - PARCEL NUMBERS - ;� L000 AC K/ P� SHOWN. IN CIRCLES SUB_ , AIARlCff //374 ,,rb ir- _ �� • - _MARCH 973 ASSESSORS ASAP EOOK427 P�%Gf 17 CDCOUNTY OF ORANGE _ I 427- 11 04 '04 itt CAMPUS /ACACIA IST/ DRIVE ' Y R CAMPUS so w 1 i TRACT j TRACT 1 TRACT 1 't h 1 O O �- ' ry^ O N O 'O O O O O O IU N ~ 2AG S AV 320/ 1 AV 320/ ;,"" "' l 1n iio' 23 24 2S 26 27 28 29 30 3/ _ 32 37 wve' .54., .35 . goo 39 re / se 2 3 J 6 7 - 8 9 b // ioo /2 sw I13 Z2• /7 / - /9 O7 27t TRA , o�,- /s O • 1 � III �`-, P, v O R 19 I8 17 16 15 14 O P12 AC W 1 w Q 1 II 3/9 Ac NO 5/69 M2_5/69 !3' . io . /oo• : iae• .. a.n• { yam• / , , B RCH 40 oft "Zel- PIP 00 W /RV/NE W P M._ 45- 25 • TAR. / PoR LOT /39 • PAR 2 - . . • ~ �- •. •- h 2O O3 p PAR. / nw NOTE • ASSESSOR'S BLOCK d ASSESSOR'S MAP OI TR. AK). 320/ diM./30-25-30/NC. BOOK 427 PAGE 11 O/_/96 AC. /,399 AC.. PARCEL NUMBERS y a000 AC . s TR NO.5169 M--M, /90-//-/3/NC COUNTY OF ORANGE Z �. SHOWN IN CIRCLES K ,fr I [t Y '-DRIVE- • oSCOTT a I BLK_ 50 3I POR. LOT /39 it t TRACT' '' I id - I { - - i /.9/OdC, . LOT I i r P M- ,3 3 I I / � ' i .B3 G Ar - I A P R - 'Ta 27156 ACltl - . • 17 - 2 NO 77 r _ TO - _ - 1 - � r sr _ - ArJO , I ! I - � oJ• ~ i • ; _ a - - F ill � , , a � II � ,{r , �\ /RV/NE -SUB. M-A/ /-BB. p TRACT NO. 7770 M.M. 299-/5 /6 PARCEL MAP I p /944 PdA. / P- M. 40-// �! i a ! - Aa , r 4 j` P . . •. 42— 5 - r. .r2-3 � � � � - ' - I 9 I I 1 1' 3 PAR. I / "' - ra 45-25 I E O n 3 NOTE-ASSESSORS BLOCK & ( s •.'-• � 1 PCR LOT PARCEL NUMBERS i' I Loan AC iC/ P� SHOWN IN CIRCLES SUB. I i�` , ARCH 7 I I MRC /93 � � - / 1 I 4 — - _ ASSSESSOI A4 P q F, ' A94RCH /974 � � BOOK427PAGF IT � S' COUNTY F C O ORANGE I 1- 1 I II I I, CURRENT PLANS & PROJECTS DIV . j R UTE SLIP 11 Date l2— s 0 c e a Initials o s. we s. ' •r O r = 4> v- > 4J U C N N •r JIM HEWICKER GLENNA GIPE DEBI TAYLOR FRED TALARICC PAT TEMPLE CAROL KRUSE BILL LAYCOCK MEL HAUGE COMMENTS : From NArrio LEUCAZ` w AN INTERNATIONAL TRAINING CORPORATION ' 4361 BIRCH STREET • NEWPORT BEACH,CA 92660 (714)546-7360 GROWING WITH -NEWPORT BEACH America's largest publicly held voational education company has been headquarterd in Newport Beach for almost 15 years. In 1964, when National Education had outgrown its facilities in Hollywood, it surveyed several areas in which to build its first corporate headquarters building. The fledging company had entered a period of rapid growth. It i , projected continued expansion on a long-range basis and selected Newport Beach because of the availability of land on which expanded facilities could some- day be, built. Late in 1964, the final choice was made. Four long-term leaseholds were acquired. One of the first buildings on Birch Street was built on two of these leaseholds to house National Education and its major subsidiaries. In 1965 a 25, 000 square foot headquarters building was completed at 4401 Birch Street. It served the growing company well until l969, when once again the company required additional space. By this time, we operated three rapidly growing subisidaires, had more than 100 employes and bad made long-range plans for continued growth. A new 13,764 square foot building was built on the third leasehold at 4961 Birch Street next door to the original headquarters ' building. Both buildings are now occupied by National Education. "SERVING OVER 100.000 CAREER STUDENTS WORLDWIDE" -2- During the past ten years, our growth has rapidly continued and by 1976 our company had doubled in size. This was a result of the rapid growth of our Bryman Medical and Dental Assistants Schools and our Sawyer Secretarial Schools. We were forced to lease an additional 15,556 square feet of space in Costa Mesa to house the headquarters staff of these entities because of the lack of space in our building. This arrangement has never been satisfactory and will change when we build our next corporate headquarters. Today, National Education once again faces the problem of serious shortage of space which will certainly worsen. From 60 employes in Newport Beach in 1969 we have grown to over 225. Our revenues have increased over 700 percent. We ! are committed to antinternal expansion program of 15 percent annually. In N f! . addition, we have an ambitious growth program under way. Our corporate headquarters is today literally bursting at the seams. If steps are not taken now, what is now simply a problem, will soon grow into a crisis. We have grown up in Newport Beach, and we believe we have helped bring to our hometown the•national recognition it now enjoys. Our subsidiaries operate nationally accredited schools in 28 cities across the nation, employing over 1,400 people and annually enrolling in excess of 100,000 students. Our schools are eligible for federal loans and grants. National Education has become a major factor in the post secondary career education system of America. We believe we serve society and our community well. We do so in a dual capacity helping ambitious students in acquiring marketable skills in occupations they prefer and furnishing American industry. with badly needed technicians, secretaries and mechanics. Frequently, we can make taxpayers out of those who have been welfare recipients. I v . . -3- Ours has often been referred to as the "schools of second chance", offering educational alternatives not available in tax supported institutions. For 15 years we have been helping people build new lives. We think ours is the kind of company Newport Beach can well be proud of and should encourage to remain and grow in our city. We have always had a policy of encouraging our executives to become involved personally in our community. Mr. John J. McNaughton, our Board Chairmap, has served on the Board of Hoag Hospital for five years, Orange County Boy Scouts Council, Florence Crittendon Home and is now becoming involved in the Easter Seal program. David Bright, President of the company, is very youth oriented and is involved in various youth programs such as Corona-del. Mar--High School: Touchdown Club, etc-. Dr. Eugene-Auerbach; our- _ a Director of Education, is on the State of California Commission of Vocational Education. He is a frequent guest lecturer at University of. California, Irvine; various other local schools and service clubs. I could go on, infinetum, about our people but in consideration of this commissions' time, I feel this is - sufficient to show serious community involvement of the company and its people.