HomeMy WebLinkAboutExhibit 2Exhibit No. 2
Revised Draft Amended Development Agreement
RECORDING REQUEST BY, AND
WHEN RECORDED MAIL TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
DRAFT
EXEMPT FROM FILING FEES CAL. GOVT CODE 6 6103
(Space above this line for Recorder's use)
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
BETWEEN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
ICU
THE CITY OF NEWPORT BEACH
(Pursuant to California Government Code Sections 65864- 65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved
Ordinance No.
2114/08 10001.34
H &O: 844076 vDOC (2 v. I)
15�
71
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
(Hoag Memorial Hospital Presbyterian)
THIS AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
( "Amendment ") is entered into and effective on the date it is recorded with the Orange County
Recorder (the "Effective Date ") by and between the City of Newport Beach (hereinafter "City ") and
Hoag Memorial Hospital Presbyterian (hereinafter "Hoag ").
RECITALS
1. The "RECITALS" to the Restated Development Agreement are amended to add new
Sections 1.9 through Section 1.19(efj to read as follows:
1.9 Hoag Property. Hoag is the fee owner of
approximately 38 acres of real property located in the City divided
between the Upper Campus and the Lower Campus and more
particularly described in Exhibit "A" and depicted on Exhibit "B"
(the "Property') -- , afid
1.10 Hoag Healthcare Services. Hoag is a modern, state -of-
the -art acute care, not - for - profit hospital providing a comprehensive
mix of healthcare services to treat virtually any routine or complex
medical condition. Hoag features centers of excellence that include
Hoag Cancer Center, Hoag Heart and Vascular Institute, Hoag
Neuroscience Institute, Hoag Orthopedic Services and Hoag
Women's Health Services, as well as advanced medical programs in
many other specialties.; —and
1.11 Hoag Community Benefit Programs. In addition to
providing state -of -the -art hospital, diagnostic imaging and emergency
room care medical services, Hoag is involved in many other
community benefit programs such as police and SWAT team, fire
department and paramedic support services, designating the City as
the point of sale for major hospital equipment purchases, providing
financial and transportation support for the City's senior Oasis
Center, and providing methane gas flare bumoff to mitigate methane
gas fumes along Pacific Coast Highway. Hoag's community
medicine program allocates approximately $10 million annually
toward improving the community's overall health, primarily through
disease prevention and wellness and health promotion, especially for
those vulnerable and disadvantaged populations,; a
1.12 EIR No. 142 and P.C. Text. On May 26, 1992, the
City Council of City ( "City Council ") certified the Hoag Hospital
Master Plan Final EIR No. 142 and adopted the Hoag Memorial
2)14/08 10001.34
14&0: 444076 vDOC (2 v. 1)
�5Z
Hospital Presbyterian Master Plan ( "Hoag Master Plan") and the
Planned Community Development Criteria and District Regulations
( "P.C. Text") setting forth the development standards and terms and
conditions by which the Property may be developed, including the
maximum permissible building area, building height limits and
permitted land uses.; -and
1.13 Square Footage of Buildable Area. Under the existing
Hoag Master Plan and P.C. Text, the Property allows a total of
1,343,238 square feet of buildable area with 577,889 square feet
allocated to the Lower Campus and 765,349 square feet allocated to
the Upper Campus.; aril
1.14 Development Agreement No. 5. On May 26,1992, the
City Council adopted Ordinance No. 92-4 approving Development
Agreement No. 5 between the City and Hoag incorporating the Hoag
Master Plan and P.C. Text and granting vested rights to Hoag to
develop the Property pursuant to the Hoag Master Plan and P.C. Text
for the term of the Development Agreement. The Development
Agreement was recorded in the Official Records of Orange County,
California on August 4, 1993 as Instrument No. 63- 0522236;_ -and
1.15 Restated Development Agreement. On February 14,
1994, the City Council of City adopted Ordinance No. 94 -8 approving
an Amendment and Restatement of Development Agreement No. 5
( "Restated Development Agreement") incorporating certain
provisions clarifying the role, review and approval authority of the
California Coastal Commission for development of the Property to
ensure consistency and compliance with the California Coastal Act.
The Restated Development Agreement was recorded in the Official
Records of Orange County, California on March 23, 1994 as
Instrument No. 94- 0207276; -axd.
1.16 First Amendment to P.C. Text. On August 13, 2002,
the City Council adopted Ordinance No. 2002 -17 approving the First
Amendment to the P.C. Text to provide that certain non - occupied
building areas are not counted towards the maximum permissible
building floor areas for development of the Property. -, imd
1.17 Noise Limitation. The existing PC Text provides that
noise generated from Hoag Hospital from new mechanical
apRg1 enances shall not exceed 55 dBA at the Property lines. This
noise limitation was established prior to the adoption of the City's
Noise Element and Noise Ordinance. It is proposed that noise
generated and originating from the Property be governed by the City
Noise Ordinance with certain exceptions.; and
2/14/08 10001.34
H&O: #44076 vDOC (2 v, 1) 2
63
1.18 Noise Attenuation. Hoag has taken significant actions
to attenuate noise generated from mechanical equipment and has
installed landscape screening to mitigate and buffer noise and
improve aesthetic impacts for adjacent residential properties_; —and
1.19 Restated Development Agreement Amendments. The
City and Hoag propose to further amend the Restated Development
Agreement by this Amendment to incorporate references to: a
Supplemental EIR; an amendment to the City General Plan; an
increase in the Public Benefits; designation of the City as the point of
sale to the extent allowed under applicable law; and further
amendments to the Hoag Hospital Planned Community Text ( "P.C.
Text ")to, among other things:
(a) eliminate the reference to 1.0 Floor
Area Ratio ( "FAR ") for the Upper Campus and the
.65 FAR for the Lower Campus in the General Plan
Land Use Element. In place of the reference to the
FAR's, an absolute maximum allowable building area
of 1,343,238 square feet will remain available for
development of the entire Property comprised of the
Upper Campus and the Lower Campus;
(b) maintain a cap under the General Plan
Land Use Element Amendment for development of
the Lower Campus at 577,889 square feet (if no
square footage is reallocated) and establish a cap on
development of the Upper Campus at 990,349 square
feet (if all 225,000 square feet are reallocated from the
Lower Campus to the Upper Campus);
(c) allow the transfer of up to 225,000
square feet of buildable area from the Lower Campus
to the Upper Campus, which, if all 225,000 square
feet are reallocated, would result in a maximum
allowed density of 990,349 square feet for the Upper
Campus and a reduction to permit 352,889 square feet
of allowable development for the Lower Campus;
(d) to modify the noise standards
applicable to the Property; and
(e) delete a provision that required the
City and Hoag to conduct a study of possible future
improvements in and around the easterly end of the
Semeniuk Slough, including a requirement that Hoag
2114/08 10001.34
H &O: B44076 vDOC (2 v. I) 3
vT
fund the study and potential future improvements in
an amount not to exceed $200,000; and
(f) incorporate the Second Amendment to
the P.C. Text.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
1. Section 1.5 of the Restated Development Agreement entitled Planning
Commission/City Council Hearings is amended to read as follows:
"1.5 Planning Commission/City Council Hearings. The
Planning Commission, after giving appropriate notice, held public
hearings to consider a development agreement, the proposed Master
Plan, and the EIR on December 5,1991, January 9,1992, January 23,
1992, February 6, 1992 and February 20, 1992. The City Council
conducted public hearings on the Master Plan, this Agreement and the
EIR on March 23, 1992, March 30,1992, April 13, 1992 and May 11,
1992. The Planning Commission, after giving appropriate notice,
held a public hearing to consider this Amendment, the Supplemental
EIR, the General Plan Amendment, and the Second Amendment to
the P.C. Text on , 2008. The City Council
conducted a public hearing on this Amendment, the Supplemental
EIR, the General Plan Amendment and the Second Amendment to the
P.C. Text on , 2008."
2. Section 1.8 of the Restated Development Agreement entitled City Ordinance is
amended to read as follows:
"1.8 City Ordinance. On February 14, 1994, the City
Council adopted Ordinance No. 94 -8 approving a Restated
Development Agreement No. 5 incorporating certain provisions
clarifying the role, review and approval authority of the California
Coastal Commission for development of the Property to ensure
consistency and compliance with the California Coastal Act. The
Adopting Ordinance became effective on March 16, 1994. On
, 2008, the City Council adopted Ordinance No.
approving this Amendment and authorizing the City to enter
into this Amendment. The adopting ordinance will become effective
on , 2008."
2/14108 10001.34
H&O: 7!44076 vDOC (2 v. 1) 4
�S
3. Section 2.1 of the Restated Development Agreement entitled The Adopting Ordinance
is amended to read as follows:
"2.1 The "Adopting Ordinance" refers to City Ordinance
No. 94 -8, adopted on February 14, 1994, by the City Council, which
approved and authorized the City to enter into this Agreement.
"Adopting Ordinance" further refers to Ordinance No. adopted
on 2008 by the City Council, which approved and
authorized the City to enter into this Amendment."
4. Section 2.2 of the Restated Development Agreement entitled Agreement is amended
to read as follows:
"2.2 "Agreement" refers to thine "Restated Development
Agreement Between the City of Newport Beach and Hoag Memorial
Hospital Presbyterian," and this Amendment "
5. Section 2.13 of the Restated Development Agreement entitled The EIR is amended to
read as follows:
"2.13 The "EIR" refers to final Environmental Impact Report
No. 142 of the City of Newport Beach, Supplemental 9fiViFA1qFARRtA1
met Repo -4 N&.44-21-,-and Supplemental Environmental Impact
Report No. "
6. Section 2.23 of the Restated Development Agreement entitled Master Plan is
amended to read as follows:
"2.23 "Master Plan" refers to the Hoag Memorial Hospital
Presbyterian Master Plan and Planned Community Development Plan
which was adopted by the City on May 26, 1992 (Exhibit— ° "C "), as
amended." s
7. Section 3 of the Restated Development Agreement entitled Conditions to
Development is amended to add a new paragraph after Subsection (f) to read as follows:
"Notwithstanding the provisions of this Section, any
provisions set forth in this Amendment shall supersede and control
over any inconsistencies with this Section."
2114/08 10001.34
H&O: 444076 vDOC (2 v. I )
11NY.
aYJS!!S17.�!7717{S`Sl7.T.71■
• - MI.
_ Within the loading dank area, delivery yehinles and the
loading and unloading of deliveF
any applieable noise standar-dis.
With r-espeet to gr-ease pit eleaning on the
Property, s .a1. nativity shall be exempt from a plienble neis
the hours of 11200 a m and 2.011 p.m. on Saturday.
$ 9—.Section 3.3 of the Restated Development Agreement entitled Program EIR is
amended to read as follows:
"3.3 Program EIR. Hoag acknowledges that the EIR is a
"Program EIR" and includes Supplemental Environmental Impact
Report No. . The EIR analyzes the impacts of construction
phased over time and, pursuant to CEQA, City is under a continuing
obligation to analyze Hoag's requests for Project Specific Approvals
to ensure the environmental impacts associated with the request were
fully addressed in the EIR. Subsequent environmental documentation
is required if this analysis reveals environmental impacts not fully
addressed in the program EIR, identifies new impacts, or concludes
the specific request is not consistent with the project described in the
EIR. Hoag acknowledges the right and obligation of the City and the
Coastal Commission or its successor agency to impose additional
conditions as the result of the subsequent environmental analysis
required by CEQA."
9, Section 4.1 of the Restated Development Agreement entitled Right to Develop is
amended to read as follows:
"4.1 Right to Develop. Subject to compliance with the
provisions of Sections 3 and 8.2, Hoag shall have a vested right to
develop and receive Project Specific Approvals for construction on
the Property to the full extent permitted by the Master Plan, as
amended. Subject to the provisions of Sections 3 and 8, City shall
2/14/08 10001.34
H&O: 444076 vDOC (2 v. I) 6
81)
only take action which complies with and is consistent with the
Master Plan, as amended, the Restated Development Agreement and
this Amendment unless Hoag otherwise consents in writing. Subject
to this Subsection, City shall have the authority to impose only those
Exactions which are specifically described in this Agreement, except
as expressly required (as opposed to permitted) by state or federal
law."
Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to delete Subsection (c), which reads as follows:
"(c) City and Hoag shall conduct a study of possible future
improvements in and around the easterly end of Semeniuk Slough
that would, among other things, improve the appearance of the area
and, potentially, serve as a component to improve public access from
residential areas in West Newport to park land and public recreation
facilities proposed in conjunction with development of the West
Newport Oil Company property. The study shall analyze, among
other things, the type of improvements that would improve the area
without adversely impacting wetlands, the possible location of
pedestrian trials and the potential for those trails to improve access to
proposed recreational facilities, phasing of the improvements,
potential public benefits, and the cost of the improvements. As a part
of the study, Hoag and City shall meet and confer with resource
agencies relative to the type and extent of improvements that may be
permitted in or adjacent to wetlands. Hoag shall fund the study and
participate in the cost of constructing any improvements in the area
that the City Council determines are feasible and in the public
interest, provided, however, the financial contribution of Hoag,
including the costs of the study and improvements, shall not exceed
Two Hundred Thousand Dollars ($200,000.00)."
11 • Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to renumber Subsection (d) to Subsection (c); and to add a new Subsection (d) to read as
follows:
"(d) City and Hoag acknowledge and agree that the
Restated Development Agreement and this Amendment confer
private benefits on Hoag that should be balanced by commensurate
public benefits in favor of the City. Accordingly, the City and Hoag
intend to provide consideration to balance the private and public
benefits by the imposition of a Development Agreement Fee, which
fee shall be used to reimburse the City for public improvements in the
area and to fund certain additional needed public improvements
identified by the City. Hoag shall pay to the City a Development
Agreement Fee of Three Million Dollars ($3,000,000). Payment of
one -half of the Development Agreement Fee of $1.5 million shall be
2/14/08 10001.34
H&O: #44076 vDOC (2 v. 1) 7
made upon the Effective Date of this Amendment. Payment of the
remaining one -half of the Development Agreement Fee of $1.5
million shall be paid to City 12 months from the Effective Date of
this Amendment or at the time of issuance of the first building permit
by the City for development of a project on the Upper Campus as
provided in Exhibit " —`C" attached to this Amendment, whichever
occurs earlier.
The first $1.5 million of the Development Agreement Fee
shall be used to reimburse the City and/or pay for the costs associated
with the following projects: (i) construction of the Superior Avenue
medians extending from Ticonderoga Street to Dana Road; (ii)
construction of the right -turn pocket for southbound Newport
Boulevard to westbound Hospital Road; and (iii) funding of the
operational improvements and traffic signal upgrade at the Hospital
Road and Placentia intersection ( "Priority Public Improvements ").
Construction of the first two Priority Public Improvements listed
above occurred during 2007, and the third is anticipated to occur in
2008. The City shall be obligated to pay the actual cost difference, if
any, for construction of these Priority Public Improvements.
However, if there are any funds remaining after construction of the
Priority Public Improvements is completed, the City may retain the
funds to be used for other City projects or services that benefit the
public. The City shall also have the sole authority to decide the
design, cost and scope of the Priority Public Improvements and the
sufficiency of City's performance on the Public Improvement Projects
shall not be subject to Hoag's approval.
The balance of the Development Agreement Fee ($1.5 million) and
any funds remaining after the construction of the Priority Public
Improvements shall be used by the City in the City's sole discretion to
offset costs associated with other City and community projects or
services that benefit the public such as, among other things, public
parks (sech asf r examnle. Sunset View Consolidated Park),
landscaping improvements adjacent to public right of ways, sound
abatement programs, public buildings, public road improvements,
water quality improvements, law enforcement, fire fighting,
emergency preparedness and other public safety facilities."
12. 43-.-A new section, Section 8.3, shall be added to the Restated Development
Agreement entitled Sales /Use Tax Origin, to read as follows:
"83 Sales/ Use Tax Origin
2/14/08 10001.34
H &O: #44076 vDOC (2 v. 1) 8
S1
(a) Hoag will include in its ge
actor construction contract a notice
Hoag's general contractor and subcontractors are
encouraged to exercise their option to obtain a
Board of Equalization sales /use tax subnermit for
the jobsite at the Project Property and allocate all
eligible sales and use tax to the City. Hoag will
provide Hoag's general contractor and
subcontractors with the name and contact
information of the City's Revenue Manager and
notice the Revenue Manager's availability
meet and confer with them on the implementation
of the Board of Equalization sales/use tax
subpermit procedures. Hoag will further include a
notice in its general contractor construction
contract that prior to beginning a gual'
construction project, the general contractor and
subcontractors electing to obtain a Board of
Equalization sales /use tax subpermit are
encouraged to meet with the City's Revenu
Manager to review the process to be followed with
respect to sales and use taxes. Hoag will further
include a notice in its general contractor
construction contract that the "agral contractor
or subcontractors are encouraged to certjfv in
writing that the person(s) responsible for filing the
tax return understands the process of reporting
the tax to the City and will follow the guidelines set
forth in the relevant sections of the Sales and ilse
Tax Regulations. Hoag shall not be responsible for
failure of Hoag's general contractor or
subcontractors to follow the procedures set forth
Hoag
shall
provide
to
the
City
or
any
City
designated
representative
the
names
addresses.
phone
numbers
and
contact
name
of the
general
contractor
and
all subcontractors.
(b) Hoag will continue to follow the
Direct Payment Permit Process established in the
Revenue and Taxation Code and use the permit
for all qualifying individual purchases in excess of
$100.000 so that the local share of its sales /use tax
Davments is allocated to the Citv as the Doint of
sale.
2/14/08 10001.34
H &O: #44076 vDOC (2 v. I)
�D
(c) It is understood and agreed that any
fixtures, materials and equipment with a purchase
total that exceeds 5100.000 purchased directly by
Hoag and shinned to Hoag's Newport Beach
location may also be eligible for direct allocation of
sales /use tax to the City. Hoag will use
commercially reasonable efforts to provide City o
a semi - annual basis with a list of purchases
exceeding the 100.000 threshold during th
preceding six -month period, including the amount
of the purchase and the name and contact
information for the vendor upon request by the
City, The City agrees to review the semi-annual
list of purchases made by Hoag and advise Hoag of
any missed opportunities for direct allocation.
Hoag agrees to use commercially reasonable
efforts to file its Direct Payment Permit with
vendors identified by the City in an effort to
improve the direct allocation of the local share of
sales /use tax payments in future periods"
11 U-Section 11.1(c) of the Restated Development Agreement entitled Notices is hereby
amended to delete:
"with a copy to: Tim Paone
Paone, Callahan, McHolm & Winton
19100 Von Karman, 8"' Floor
P.O. Box 19613
Irvine, CA 92713 - 9613"
and to add:
"with a copy to: Dennis D. O'Neil
Hewitt & O'Neil LLP
19900 MacArthur Blvd., Suite 1050
Irvine, CA 92612
with a copy to_ Gary McKitterick
Allen Matkins Leek Gamble Mallory & Natsis LLP
1900 Main Street, 5th Floor
Irvine, CA 92614 - 7321"
14. A new Section 11.17 shall be added to the Restated Development Agreement as
follows:
"11.17 Indemnification/Hold Harmless. To the fullest
extent permitted by law. Hoag shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions
2/14108 10001.34
H&O: 444076 vDOC (2 v. 1)
10
41
officials, officers, employees, and agents from and against any
and all claims, demands, obligations, damages, actions. causes of
ion, suits, losses, judgments, fines, penalties, liabilities. costs
and expenses (including without limitation, attorney's fees.
disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate
(directly or indirectly) to City's approval of this Amendment to
Development Agreement No. 5 including, but not limited to. the
approval of the Planned Community Text and/or the City's
related California Environmental Quality Act determinations .
the certification of the Supplemental Environmental Impact
Report the adoption of a Mitigation Program, and /or statement
of overriding considerations for this Project, This
indemnification shall include, but not be limited to. damages
awarded against the City. if any, costs of suit attorneys' fees. and
other expenses incurred in connection with such claim, action.
causes of action, suit or proceeding whether incurred by Hoag.
itv, and /or the parties initiating or bringing such proceeding.
Hoag shall indemnify the City for all of City's costs. attorneys'
ees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The
applicant shall nay to the City upon demand any amount owed to
the Citv pursuant to the indemnification reauirements prescribed
in this condition."
15. Exhibit C of the Restated Development Agreement shall incorporate the First
Amendment to the P.C. Text as part of this Second Amendment to the P.C. Text in revised Exhibit C
entitled:
"HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
.2008
Adopted by the City Council
City of Newport Beach
Ordinance No.
2008"
2/14108 10001.34
H &O: 444076 vDOC (2 v. 1) 11
LZ
16. Except as provided for in this Amendment and not otherwise superseded by this
Amendment, the provisions set forth in the Restated Development Agreement, all of the other terms,
conditions, provisions and exhibits of the Restated Development Agreement continue to have full
force and effect as provided therein and this Amendment shall constitute an integral part of the
Restated Development Agreement. Exhibits A through DF, constitute a part of this Agreement and
are incorporated into this Agreement in full by this reference.
17. In the event there is any conflict between any provision of the Restated Development
Agreement and this Amendment, the later approved and recorded document shall prevail in
interpretation, operation and implementation.
18. The City Clerk shall cause a copy of this Amendment to be recorded with the Office
of the County Recorder of Orange County, California within ten (10) days following the effective
date of adoption of the Ordinance approving this Amendment.
[Signature page follows]
2/14108 10001.34
H &O: #44076 vDOC (2 v. 1) 12
V-'�
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Development Agreement No. 5 to be binding as of the Effective Date.
ATTEST:
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robin Clauson, City Attorney
CITY:
THE CITY OF NEWPORT BEACH, a municipal
corporation of the State of California
By:
Edward D. Selich, Mayor
OWNER:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN, a California nonprofit public
benefit corporation
52
0
Richard Afable, President and CEO
(Financial Officer)
(All Signatures to be Notarized)
F: users ✓CAT /Shared/Projects/HOAG DA/Amendment to Hoag DA— FINAL.doc
2/14/08 10001.34
14&0: 444076 vDOC (2 v. 1) 13
Y4
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On , before me, , a Notary Public in and for
said County and State, personally appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are)
subscribed to the within instrument, and acknowledged to me that (he/she /they) executed the same in
(his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
[SEAL]
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On before me, , a Notary Public in and for
said County and State, personally appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are)
subscribed to the within instrument, and acknowledged to me that (he/she/they) executed the same in
(his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
[SEAL]
2/14/08 10001.34
H &O: #44076 vDOC (2 v. I) 14
b5
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On before me, a Notary Public in and for
said County and State, personally appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is/are)
subscribed to the within instrument, and acknowledged to me that (he/she/they) executed the same in
(his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
[SEAL]
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On , before me, , a Notary Public in and for
said County and State, personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is/are)
subscribed to the within instrument, and acknowledged to me that (he /she/they) executed the same in
(his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
[SEAL]
2/14/08 10001.34
H&O: #44076 vDOC (2 v. 1)
15
Signature of Notary Public
�b
DRAFT
EXHIBIT A
LEGAL DESCRIPTION
The subject property is the following real property in the City ofNewport Beach, County of Orange,
State of California:
Parcel 1:
That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172
in Block 1 of Irvine Subdivision, as shown on a map recorded in
Book 1, Page 88 of Miscellaneous Maps, Records of Orange County,
California.
Parcel 2:
That portion of Lot 172 in Block 1 of Irvine Subdivision, as shown on
a map recorded in book 1, Page 88 of Miscellaneous Maps, Records
of Orange County, California.
2/14/08 10001.34
H &O: #44076 vDOC (2 v. 1) A -1
0
YW�iL.��'I
O
2/14/08 10001.34
H &O: #44076 vDOC (2 v. 1)
EXHIBIT B
Ll
K
I
� 1
ry�
C.D
1
r12
( s
f �
i
#�
1{yY�j
Es
rr'
�m
Q.
rs
e�
t+r
r
w + r
<
I
r f
aw
O
2/14/08 10001.34
H &O: #44076 vDOC (2 v. 1)
EXHIBIT B
Ll
K
I
� 1
ry�
C.D
1
r12
( s
F L__ 1
Insert Final
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
2/14/08 10001.34
H &O: #44076 vDOC (2 v. I) C -2