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HomeMy WebLinkAbout92-10 - Repealing Ordinance No. 91-46 and Approving Revised Development Agreement NOA for the Library Exchange Agreement Between the City of Newport Beach and the Irvine CompanyORDINANCE NO. 92_10 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING ORDINANCE NO. 91 -46 AND APPROVING REVISED DEVELOPMENT AGREEMENT NOA FOR THE LIBRARY EXCHANGE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH • AND THE IRVINE COMPANY The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Ordinance No. 91 -46 is hereby repealed. SECTION 2. The City Council finds and declares that: a. The state legislature and the City Council have determined that the lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum • efficient utilization of resources at the least economic cost to the public; and b. Assurance that an applicant may proceed with a project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development; and c. California Government Code Section 65864 et seq. authorizes cities to enter into development agreements with any person having a legal or equitable interest in real property for the development of the property; and d. Chapter 15.45 of the Newport Beach Municipal Code provides requirements and procedures for the adoption of development agreements; and e. Revised Development Agreement No. 4 has been prepared in compliance with state law and the Newport Beach Municipal Code; and f. In compliance with state law and city ordinance, duly noticed public hearings were held by the Planning Commission and the City Council to consider Revised Development Agreement No. 4; and g. The City Council finds that said Development Agreement is in compliance with the California Environmental Quality Act and Guidelines promulgated thereunder; and h. The City Council finds that said Development Agreement is in conformance with the Newport Beach General Plan. •SECTION 3. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code establishing procedures and requirements for the consideration of development agreements, Revised Development Agreement No. 4 for the Library Exchange Agreement, attached • hereto as Exhibit "A", is hereby approved. SECTION 4. Copies of said Development Agreement are on file in the offices of the City Clerk and Planning Department of the City of Newport Beach and said Development Agreement is made a part hereof by this reference. SECTION 5. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of April , 1992, and was adopted on the 27th day of April 1992, by the following vote, to wit: AYES, COUNCIL MEMBERS FLEDGES, TURNER, SANSONE, HART, COX, PLLINALER NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS WATT MAYOR CITY CLERK Attachment Exhibit "A": Revised Development Agreement No. 4 for the Library Exchange Agreement P\ ... \UJ3RARY2\DA.0RD C - Zia 3 lR> EXEMPT RECORDING REQll_ )ER GOVERNMENT CODE 6103 RECORDING REQUESTED BY'�� "-' AND WHEN RECORDED RETURN TO: z in G °_OP dS �� " t - :lif0 ul2 City Clerk //�� Lee ? wi ; n r r City of Ne SrrBeach 71 330 Newport Boulevard, Newport Beach, California 92663 -3884 _ • AGREEMENT FACILITATING RECEIVED 19 1992 LIBRARY EXCHANGE CITY Of (Pursuant to Government Code Sections 65864 - 65869. This AGREEMENT FACILITATING LIBRARY EXCHANGE (,the "Agreement ") is entered into this 27 xv day of 3uty 0 1992, by and between the City of Newport Beach, California, a municipal corporation and charter city ( "City") and The Irvine Company, a Michigan corporation, ( "Company "). City and Company are sometimes collectively referred to herein as the "Parties." This Agreement applies to and shall be recorded, pursuant to Government Code section 65868.5, against that real property described in Exhibit A, which description is incorporated by this reference. As required by Government Code section 65865, the Company is the fee owner of the real property described in Exhibit A, or has an equitable interest in it by reason of the Exchange Agreement described below. RECITALS • A. Company and City have entered into an EXCHANGE AGREEMENT AND ESCROW INSTRUCTIONS dated October 10, 1990, and amended effective April 14, 1992, (the "Exchange Agreement "), whereby the City has agreed to transfer its old library in the Civic Plaza Planned Community ( "Civic Plaza) in Newport Center to Company, in exchange for a site for a new library in the Newport Village area of Newport Center (the "New Library "). B. Section 6.2 of the Exchange Agreement provides, among other things, that the City will either reimburse Company for City's acquisition of the New Library in cash equal to the difference in value between the New Library and the old library property, or will provide all discretionary land use approvals necessary for Company to (i) construct 95,550 square feet of office space in Civic Plaza, and (ii) transfer a total of 85,000 square feet of office development from Newport Village to the Corporate Plaza Planned Community ( "Corporate Plaza "). 0C2ZRK13kMC9RVPA=EVAGMT.05A 052M 10:52am Aft • Adh C. City and Company now wish to satisfy that contingency by entering into an agreement securing for Company the right to (i) construct 95,550 square feet of office space in Civic Plaza, and (ii) construct an additional total of 85,000 square feet of office development in Corporate Plaza, consistent with the terms specified in the Exchange Agreement. D. This Agreement is consistent with provisions of state law (Government Code Section 65864 et seq.) and local law (Chapter 1545) which authorize binding agreements that: (i) encourage investment in and commitment to comprehensive planning and public facilities financing; (ii) strengthen the public planning process and encourage private implementation of the local general plan; (iii) provide certainty in the approval of projects in order to avoid waste of time and resources; and (vi) reduce the economic costs of development by providing assurance to the property owners that it may proceed with its projects in accordance with existing policies, rules, and regulations. E. The City Council finds that this Agreement: (i) is consistent with City's General Plan and all specific plans as of the date of this Agreement applicable to the Project; (ii) is in the best interest of the health, safety, and general welfare of City, its residents, and the public; (iii) is entered into pursuant to and constitutes a present exercise of City's police power; and (iv) is consistent with, and has been approved in accordance with, provisions of Government Code Section 65867 and Chapter 15.45 of the Newport Beach Municipal Code. NOW, THEREFORE, City and Company agree as follows: 1. Property. This Agreement shall apply to the property described in the attached Exhibit "A" (collectively the "Property "). Company either is the fee owner of the Property, or has an equitable interest in the Property by reason of the Exchange Agreement. The attached Exhibit "B" is a map which shows the general location of parcels comprising the Property and indicates the portions of the Property referred to in this Agreement as Civic Plaza and Corporate Plaza, respectively. 2. Development of the Property. 2.1 Project. while this Agreement is in effect, development of the Property by Company (the "Project ") shall be in accordance with the terms and conditions of this Agreement, and of subsections 6.2(k) and 6.2(1) of the Exchange Agreement. In the event of a conflict between this Agreement and the Exchange Agreement, the provisions of the Exchange Agreement shall prevail. The permitted uses of the Property, OC2ZAM' C9RVPAC0EVAGMT.05A 2 05rffM 10:52am the density or intensity of use of the Property, and the maximum height and size of proposed buildings shall be as shown and identified for each parcel of the Property on Exhibit "C." As provided in Government Code Section 65865.2, City shall not prevent development of the Property for the uses and to the density or intensity of development set.forth in Exhibit "C." In addition, Company and City will adhere to the extent feasible to the processing schedule provided in Exhibit "D." • 2.2 Effect of Agreement on Applications for Land Use Approvals. In connection with any approval which City is required, permitted or has the right to give relating to the Project, or otherwise under its ordinances, resolutions and codes, City shall not impose any condition or restriction that prevents Company from developing the Property with the uses and to the maximum densities and intensities permitted in Exhibit "C." Subject to review for completeness, City shall accept for processing and shall timely review and act on all applications for further land use entitlement approvals with respect to the Project called for or required under this Agreement and subsections 6.2(k) and 6.2(1) of the Exchange Agreement. In the event of a conflict between this Agreement and the Exchange Agreement, the provisions of the Exchange Agreement shall prevail. • Aft 2.3 Compliance with Chapter 15.40. With respect to construction of the 85,000 square feet of entitlement transferred from Newport Village to Corporate Plaza, and construction of the additional 30,000 square feet of entitlement (over and above the first 65,550 square feet) transferred from Newport Village to Civic Plaza, Company shall comply with Chapter 15.40 of the Newport Beach Municipal Code (the 11TPO") subject to the provisions and understandings contained in subsections 6.2(1)(i)(1) -(3) of the Exchange Agreement. 2.4 Future Discretionary Reviews. City shall retain its discretionary powers in reviewing applications for project - related development approvals submitted before the effective date of this Agreement, provided that those powers will be applied in a manner that is consistent with this Agreement and the Exchange Agreement and will not prevent Company from development of the Project with the land uses, and to the densities or intensities, permitted by this Agreement and the Exchange Agreement. Except as provided herein, future discretionary approvals, including but not limited to rezoning, tentative and parcel map approvals, plot plans and plan development approvals, shall be consistent with this Agreement and the plans, ordinances, resolutions and policies regulating the use of land in effect on the effective date of this Agreement. Nothing in this Agreement shall prevent City from imposing measures to mitigate significant effects identified in any environmental document prepared for OC2Z1RIBIT1CVR V PA=EVAGMT.05A 05!76/92 10:52am • • Aft iJ development of the Project, or any portion thereof, provided the measure does not render the Project infeasible. City shall retain full discretion to impose standard conditions generally applicable to subdivision or parcel maps or through the site plan review provisions set forth in Section 20.01.070 of the Newport Beach. Municipal Code. 2.5 No Conflicting Enactments. City shall not apply to the Project any ordinance, policy., rule, regulation or other measure enacted or effective after the Agreement Date which is in conflict with this Agreement or the Exchange Agreement. This Section shall not restrict City's ability to enact an ordinance, policy, rule, regulation or other measure applicable to the Project pursuant to California Government Code Section 65866 in accordance with the procedures specified in Section 3. No moratorium or other limitation (whether relating to the rate, timing or sequencing of the development or construction of all or any part of the Project and whether enacted by initiative or otherwise) affecting subdivision maps, building permits, occupancy certificates or other entitlements to use approved, issued or granted within City, or portions of City, shall apply to the Project. 2.6 Senef its to Company. Company is entering into this Agreement on the reasonable expectation that this Agreement fulfills and implements the intent of the Exchange Agreement, which is to vest in Company as early as possible the right to (i) construct 95,550 square feet of office space in Civic Plaza, and (ii) construct a total of 85,000 square feet of office development in Corporate Plaza, consistent with the terms specified in the Exchange Agreement. The benefit to Company under this Agreement consists of the assurance, hereby acknowledged by City, that this Agreement is preserving Company's right to develop the Property as if Company had otherwise obtained "all discretionary land use approvals" as described in subsections 6.2(k) and 6.2(1) of the Exchange Agreement. 3. Rules Regulations and Official Policies. 3.1 New Rules. This Agreement shall not prevent City from applying to the Project regulations and policies (collectively "Regulations ") adopted or effective after the Agreement Date, provided that the same are adopted and applied City -wide and consist solely of the following: (a) Procedural Regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and. any other matter of procedure; (b) Regulations which are not in conflict with this Agreement or the Exchange Agreement; or OC2ZRXM'n0JRVPAQDEVAGMT.05A 4 0526192 1062.m (c) Regulations which are in conflict with this Agreement or the Exchange Agreement, if such Regulations have been consented to in writing by Company. 3.2 Taxes. Assessments and Fees. City may impose such taxes, assessments and fees, adopted or effective after the Agreement Date, including but not limited to business license taxes or franchise fees, on the Project as are imposed on a City -wide basis. • 3.3 New Laws, Rules, or Regulations. In the event any state or federal law, rule, regulation or plan is enacted or applied after the Agreement Date which prevents or precludes compliance with one or more of the provisions of this Agreement, then this Agreement shall be either modified as may be necessary to comply with such state or federal laws or regulations, or terminated, pursuant to the following process: (a) Notice and Copies: In the event that a state or federal law or regulation is enacted or applied in such a way as to preclude or prevent compliance with one or more provisions of this Agreement, the Party believing that such event has occurred shall provide the other Party with: (1) written notice of the existence of such event; (2) a copy of the law or regulation; and (3) a statement of the conflict with the provisions of this Agreement, and of the proposed modification of the Agreement the Party giving the notice believes may be necessary to comply with the state or federal law or regulation; (b) Modification Conference: The Parties shall, within thirty (30) days of the notice required in Section 3.3(a) above, meet and confer in good faith in a reasonable • attempt to agree on the effect of the rule or regulation on this Agreement and proposed modifications of this Agreement in order to conform it with such federal or state law or regulation; and, (c) Council Hearings: Regardless of whether the Parties reach any tentative agreement on the matters involved in the modification conference required by Section 3.3(b) above, the matter shall be scheduled for a public hearing before City Council. City shall give at least thirty (30) days' public notice of such hearing, pursuant to Government Code Section 65867. City Council, at such hearing, shall determine the exact modification or suspension which it believes shall be necessitated by the law, rule, regulation or plan. Company, at the hearing, shall have the right to offer oral and written testimony. Any proposed modification shall be taken by the affirmative vote of not less than a majority of City Council. within thirty (30) days thereafter, Company OC2ZRK nOJRVPAMEVAOMT.QSA 5 AMk os¢6»2 1062am shall either elect, in writing delivered to City, to accept the modification, or terminate this Agreement. 4. Project as a Private Undertaking. The development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Company is that of a government entity regulating the development of private property by the owner of such property. 5. Term. The term of this Agreement shall continue until all permits required for occupancy and operation of the Project as contemplated by the Project have been issued, provided that in no event shall such term exceed twenty (20) years as measured from the Effective Date. Pursuant to Section 66452.6(a) of the California Subdivision Map Act, any tentative Subdivision Map approved for the Property, whether designated a "vesting tentative map" or otherwise, may be extended by City to the date on which this Agreement terminates. 6.. Amendment or Cancellation of Agreement. Other than modifications of this Agreement pursuant to Section 3.3, this Agreement may be amended or cancelled in whole or in part only by mutual written and executed consent of the Parties in compliance with Government Code Section 65868. 7. Enforcement. Unless amended or cancelled as provided in Section 9, or modified or suspended pursuant to Government Code Section 65869.5, this Agreement is enforceable by either Party notwithstanding any change in any applicable general or specific plan, zoning, subdivision or building regulation or other applicable ordinance or regulation adopted by City (including by the voters of City) which purports to apply to any or all of the Property. S. Periodic Review of Compliance. City and Company shall review this Agreement at least once every twelve (12) months from the Effective Date in accordance with Sections 65865 and 65865.1 of the California Government Code. At such __reviews, Company shall demonstrate its good faith compliance with this Agreement. Company agrees to furnish such evidence of good faith compliance as City, in the reasonable exercise of its discretion and after reasonable notice to Company, may require. Company shall be deemed to be in good faith compliance with this Agreement if City is not entitled pursuant to Section 9.1 to terminate this Agreement. 9. Events of Default. 9.1 Default by Company. Code Section 65865.1, if public hearing and on the 0C2ZAKBMCVRVPACQEVAGMf.05A Pursuant to California Government City determines following a noticed basis of substantial evidence that 0526M 10:52am • • Aft Company has not complied in good faith with Company's obligations under Section 2 of this Agreement, City shall, by written notice to Company, specify the manner in which Company has failed to so comply and state the steps Company must take to bring itself into compliance. If, within thirty (30) days after receipt of the written notice from City specifying the manner in which Company has failed to so comply, Company does not commence all steps reasonably necessary to bring itself. into compliance as required and thereafter diligently pursue such steps to completion, then Company shall be deemed to be in default under the terms of this Agreement and City may (a) seek a modification of this Agreement, (b) terminate this Agreement, or (c) seek any other available remedies, as provided in Section 9.3. 9.2 Default by City. If City has not complied with any of its obligations and limitations under this Agreement, Company shall, by written notice to City, specify the manner in which City has failed to so comply and state the steps necessary for City to bring itself into compliance. If, within thirty (30) days after receipt of the written notice from Company specifying the manner in which City has failed to so comply, City does not bring itself into compliance, then City shall be deemed to be in default under the terms of this Agreement and Company may (a) seek a modification of this Agreement, (b) terminate this Agreement, or (c) seek any other available remedy as provided in Section 9.3. Except as provided below, if City adopts or enforces any moratorium, de facto or de jure, or other similar limitation (whether relating to the rate, timing or sequencing of the development or construction of all or any part of the Project and whether enacted by initiative or otherwise) affecting the processing or approval of subdivision maps, building permits, occupancy certificates or other entitlements to use which is applied to the Project, then Company may immediately (a) seek a modification of this Agreement, (b) terminate this Agreement, or (c) seek any other available remedy as provided in Section 9.3. City shall not be in default if it adopts a temporary citywide moratorium on development due to its inability to supply sufficient water to then current customers as necessary to maintain minimum levels of health, safety and sanitation and, provided further, the City shall not be Considered in default if it is required to enforce a moratorium because of a law, rule, regulation or plan identified in Section 3.3. In the event that it becomes necessary in the future for the City or other responsible agency to declare a water or sewer moratorium, however, the Project shall have and enjoy priority over all other future development for water and sewer service when and as the same thereafter becomes available. 9.3 Specific Performance Remedy • scope of the Project, and due to practical or possible to restore condition once implementation of OC2ZRKB177G11RVPA=EVAGMTASA 7 Due to the size, nature and the fact that it may not be the Property to its natural this Agreement has begun, the 052M 10:52am Parties acknowledge that, except as provided in section 9.4, money damages and remedies at law generally are inadequate and that specific performance is appropriate for the enforcement of this Agreement. Except as provided in section 9.4, the remedy of specific performance or, in the alternative, a writ of mandate, shall be the sole and exclusive legal remedy available to either party in the event of the default, or alleged default, by the other. 9.4 Payment of Appraised value Upon Termination. If Company • elects to terminate this Agreement as provided under Paragraph 9.2, then Company shall be entitled to payment from City of the appraised net fair market value of the New Library, to be determined as follows: (a) Within thirty (30) days written notice from Company to City expressing Company's election to terminate, Company and City shall each select an appraiser to appraise the value of both the New Library and the old library property in Civic Plaza (the "Old Library Property ") transferred to Company in exchange for the New Library, and advise the other of the selection. Time being of the essence, if either party should fail to select an appraiser within the time provided, that party shall conclusively be deemed to have selected the appraiser selected by the other party. (b) Each appraiser will be instructed to determine the value both of the New Library and the Old Library Property, and to meet with the other appraiser in an effort to come to an agreement as to that value, within sixty (60) days of his or her selection. If there is only one appraiser selected by City and Company, or if the appraisers selected by them agree upon the value of the New Library and /or the Old Library Property, the appraised value shall be as so determined or agreed upon. (c) If the appraisers are unable to agree on a determination of the value of the New Library and /or the Old Library Property, then within the sixty (60) days following their selection, the two appraisers shall agree upon and appoint a third appraiser who shall independently prepare I an appraisal of the value of the property on which agreement has not already been reached. The appraised value will then be the average of the two closest values as determined by the three appraisers, and the appraised net fair market value of the New Library shall be the appraised value of the New Library less the value of the Old Library Property. (d) All appraisers appointed hereunder shall be competent, qualified by training and experience in Orange County, California, disinterested, and independent, and shall be members in good standing of the American OC2ZRKBMCVRVPA0WEVAGMTASA g osa6m 10:52.m Institute of Real Estate Appraisers or its successor, or such other recognized association of professional real estate appraisers as my be mutually agreed upon by Company and City, and all determinations of value shall be rendered in writing and signed by the appraiser or appraisers making the report. (e) For purposes of all appraisals, the New Library shall be appraised assuming (i) that the New Library were unimproved but fully graded and with all required • utilities in place for development, (ii) that the highest and best use of the New Library was for office development, (iii) that the New Library were fully entitled for development of 180,500 square feet of net leasable office space (less the amount of that square footage of net leasable office space actually transferred to Corporate Plaza and Civic Plaza and for which building permits have been issued or similar vested rights otherwise secured as of the valuation date) , (iv) that development of the New Library to that level of entitlement were not constrained by any height restrictions or similar constraint, and (v) that all permit and other governmental fees have been paid and necessary public infrastructure installed. For purposes of all appraisals, the Old Library Property shall be appraised in its then current condition, taking into account the then status and application of applicable regulations, zoning laws, moratoria, and other land use entitlements than might apply against the Old Library Property and its development. (f) Within thirty (30) days after the value of the New Library has been determined pursuant to the foregoing, City shall pay to Company the appraised value of the New • Library. 10. Cooperation. Each Party covenants to take such reasonable actions and execute all documents that may be necessary to achieve the purposes and objectives of this Agreement. 11. Force Maieure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused, through no fault of the Party whose performance is prevented or delayed, by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes or other labor difficulties, State or Federal regulations, or court actions. Except as specified above, nonperformance shall not be excused because of the act or omission of a third person. 12. Notices. Any notice or demand which shall be required or permitted by law or any provision of this Agreement shall be in writing and if the same is to be served upon a Party, may be personally delivered to the Party, or shall be deposited in the United States mail, certified, return receipt requested, postage 0C2NRRBXTICURVPACQEVAGMT.05A 9 05R6A2 10:57am Aft prepaid, or shall be delivered by overnight courier, overnight courier charges prepaid, and shall be addressed as follows: TO CITY: City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663-3884 Attn: City Manager With a copy to: City Attorney • City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663 -3884 TO COMPANY: The Irvine Company 550 Newport Center Drive Newport Beach, California 92660 -0015 Attn: General Counsel With copies to: Latham & Watkins 650 Town Center Drive Costa Mesa, California 92626 -1918 Attn: Robert K. Break Irvine Pacific 550 Newport Center Drive Newport Beach, California 92660 -0015 Attn: President Either Party may change the address stated herein by notice to the other Party in the manner provided in this Section, and thereafter notices shall be addressed and submitted to the new address. Notice shall be deemed to be delivered upon the earlier of (a) the • date received or (b) three (3) business days after deposit in the mail as provided above. 13. Transfers and Assignments. Company shall have the right to sell, lease, transfer or assign the Property in whole or in part (provided that no such partial transfer shall cause a violation of the Subdivision Map Act, Government Code Section 66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement without prior written consent of City. The burdens and benefits of this Agreement inure to all successors in interest of the parties to this Agreement. In order to provide continued notice thereof, this Agreement and all amendments thereto will be recorded by the Parties. 0C221RKB\TIC%1RVPACVDEVAGMT0SA 10 0526192 10:52sm 14. Exhibits. The following documents are attached hereto and incorporated herein by this reference: Exhibit Designation Description "A" Legal Description of the Property "B" Depiction of the Property • "C" Development Plan (Including Density and Intensity of Development) "D" Processing Schedule 15. Rules of Construction and Miscellaneous Terms. 15.1 Gender. The singular includes the plural; the masculine and neuter include the feminine; "shall" is mandatory, "may" is permissive. 15.2 Time of Essence. Time is of the essence regarding each provision of this Agreement in which time is an element. 15.3 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, and failure by a Party to exercise its rights upon a default by the other Party hereto, shall not constitute a waiver of that Party's right to demand strict compliance by such other Party in the future. 15.4 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be identical and may be introduced in evidence or used for any other purpose • without any other counterpart, but all of which shall together constitute one and the same Agreement. 15.5 Entire Agreement. This Agreement constitutes the entire agreement and supersedes all prior agreements and understandings, both written and oral, between City and Company with respect to the subject matter hereof. 15.6 Severability. If any provision of this Agreement or the application thereof to any party or circumstances shall be held invalid or unenforceable to any extent, the remainder of this Agreement or the application of such provision to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 15.7 Construction. This Agreement has been drafted after extensive negotiation and revision. Both Company and City OC2ZaMT10JRVPACDEVAGMT.OSA 11 0526,92 10:52.m • are sophisticated parties represented by independent counsel throughout the negotiations. City and Company each agree and acknowledge that the terms of this Agreement are fair and reasonable, taking into account their respective purposes, terms and conditions. In accordance with the foregoing, this Agreement shall be construed as a whole in accordance with its fair meaning and no principle or presumption of contract construction or interpretation shall be used to construe the whole or any part of this Agreement in favor of or against either City and Company. 15.8 No Third Party Beneficiaries. The only parties to this Agreement are City and Company. There are no third party beneficiaries and this Agreement is not intended and shall not be construed to benefit or be enforceable by any other person whatsoever. 15.9 Governing Law. This Agreement and any dispute arising hereunder shall be governed.by and interpreted in accordance with the laws of the State of California. 15.10 Section Headings. All Section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 15.11 Incorporation of Recitals and Exhibits. Recitals A through E and attached Exhibits "A" through "D" are hereby incorporated herein by this reference as though fully set forth in full. 16. Authority to Execute. The persons executing this Agreement warrant and represent that they have the authority to execute this Agreement on behalf of the entity for which they are executing this Agreement, and further warrant and represent that they have the authority to bind their respective Party to the performance of its obligations hereunder. OC2ZRKB\77GV RVPACOEVAGMT.05A 12 05R619210:52am I 17. Recordation. This Agreement and any amendment or modification hereto or cancellation hereof shall be recorded in the Office of the County Recorder of the County of Orange, by the City Clerk within the period required by Section 65868.5 of the Government Code. • THE IRVINE COMPANY A Michigan corporation By: Vice President /as(d General Counsel Its: c �` �(> By: ! • l.` Jy0 6x T. Patrick Smith Senior Vice.Pr.esident., Its: CITY OF NEWPORT BEACH, A Municipal Corporation By: Its: Mayor • ATTEST: ' City Clerk AS TO FORM: Robert H. Bur: City Attorney 0C2Z1RKK'nC%1RVPAC0EVAGMT.05A 13 05/26/92 10:52am Aft • STATE OF CALIFORNIA COUNTY OF ORANGE ON July 27, 1992, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED T. PATRICK SMITH AND PETER D. ZEUGHAUSER, PERSONALLY KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL. CAROLE M. ZAFFINO NOTARY PUBLIC IN A D FOR SAID COUNTY AND STATE "OFFICIAL SFAL C MZAFFINO NOTARY PUBLIC-DLIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY MY Commission F ores Jul' 31. m% STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) on this 27th day of July, in the year 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared PHIL SANSONE, Mayor of the City of Newport Beach, •personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the entity upon behalf of which the person acted executed the instrument. WITNESS my hand and official seal. _�75_NQi�M (SEAL] OFFICIAL SEAL WILLIAM E. BROWN .,� NOTARY PUBLIC • culFOR PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. Dee. 8, 1992 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On this 27th day of July, in the year 1992, before me, the •undersigned, a Notary Public in and for said State, personally appeared WANDA E. RAGGIO, City Clerk of the City of Newport Beach, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument, the entity upon behalf of which the person acted executed the instrument. WITNESS my hand and official seal. OFFICIAL SEAL WILLIAM E. BROWN Z .a-7� ��.( _'.��.�jf�.0 /.+��' r� NOTARY PUBLIC CALIFORNIA NOTARY PUBLIC — PR�N My Commission EXP. D� 8, 1992 Aft • • Agak STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On this 27th day of July, in the year 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT H. BURNHAM, City Attorney for the City of Newport Beach, personally known to me (or proved to me on the haslis of sa}?sf__ +__; et.ince) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the entity upon behalf of which the person acted executed the instrument. WITNESS my hand and official seal. ,. oFFIcuL SEAL WILLIAM E. BROWN NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY NOTARY PUBLIC My Corrr�lnin^ �I�,,gea 8,1992 COUNTY NOTARY PUBLIC My Corrr�lnin^ �I�,,gea 8,1992 EXHIBIT "A" CIVIC PLAZA Legal Description • Parcels 1, 2 and 3, as shown on a Map filed in Book 81, pages 8 and 9 of Parcel Maps, in the office of the County Recorder of Orange County, California. • r EXHIBIT "A" CORPORATE PLAZA Legal Description • Parcels 1 to 20 inclusive, and Parcels A and B, as shown on a Map filed in Book 93, pages 45 and 46 of Parcel Maps, in the office of the County Recorder of Orange County, California. is C7 EXHIBIT "A" NEWPORT VILLAGE Legal Description - That portion of Block 93 of Irvine's Subdivision, as shown on a Map recorded in Book 1, page 88 of Miscellaneous Record Maps, records of Orange County, California, bounded as follows: Bounded Northeasterly by the Southwesterly line of San Joaquin Hills Road, as shown on a Map of Tract No. 6015 recorded in Book 239, pages 28 to 41 inclusive, of Miscellaneous Maps, records of said Orange County; Bounded Northwesterly by the centerline of Avocado Avenue, as shown on Parcel Map No. 84-706 filed in Book 192, pages 1 and 2 of Parcel Maps, in the office of the County Recorder of said Orange County, Parcel Map No. 83 -729 filed in Book 193, pages 17 and 18 of said Parcel Maps, Parcel Map filed in Book 25, page 1 of said Parcel Maps and Parcel Map filed in Book 56, page 46 of said Parcel Maps, and Northwesterly by the Southeasterly line of Avocado Avenue as shown on Parcel Map filed in Bood 93, pages 45 and 46 of said Parcel Maps; • Bounded Southeasterly by the Northwesterly line of MacArthur Boulevard; and Bounded Southwesterly by the Northeasterly line of East Coast Highway. Excepting therefrom that portion included within San Miguel Drive. Aft • EXHIBIT "B" Library Land Exchange Agreement Parcels January 6,1992 � Parcels Aillillilk EXHIBIT "C" • CIVIC PLAZA PLANNED COMMUNrFY DISTRICT REGULATIONS Amendment No. 729 City Council Resolution No. 92 -5 January 13, 1992 EXHIBIT "C" -2- TABLE OF CONTENTS Introduction..............................:.................................................... .........................:..... Page 4 •SECTION I STATISTICAL ANALYSIS ...................... Page 5 SECTION II GENERAL NOTES ...... ............................... Page 6 SECTION III CIVIC, CULTURAL, BUSINESS AND PROFESSIONAL OFFICES..... Page 7 Sub - Section A Intent ................................ ............................... Page 7 Sub - Section B Permitted Uses ............... ............................... Page 7 Sub - Section C Building Location .......... ............................... Page 7 Sub - Section D Building Height .............. ............................... Page 7 Sub - Section E Parking ............................. ............................... Page 7 Sub - Section F Landscaping .................... ............................... Page 8 Sub - Section G Loading Areas ................ ............................... Page 8 Sub - Section H Refuse Collection Areas .............................. Page 8 Sub - Section I Telephone and Electrical Service ............... Page 9 Sub - Section J Signs .................................. ............................... Page 9 • AMk EXHIBIT "C" -3- PLANNED COMMUNITY DISTRICT REGULATIONS For Civic Plaza Ordinance No. 1649, adopted by the City of Newport Beach on December 22, 1975 (Amendment No. 455) • Amendment No. 1 March 12, 1979 P.C. Amendment No. 527; Resolution No. 9517 Amendment No. 2 November 23, 1987 P.C. Amendment No. 653; Resolution No. 87 -164 Amendment No. 3 January 13, 1992 P.C. Amendment No. 729; Resolution No. 92 -5 Aft _. l EXHIBIT "C" J -4- INTRODUCTION • The Civic Plaza Planned Community District for the City of Newport Beach is a part of the Newport Center Development in conformance with the Newport Beach General Plan which was adopted in December 1973. The subject property is located in the northwestern area of Newport Center. It is adjacent to San Joaquin Hills Road on the north, Santa Cruz and San Clemente Drives on the east, Santa Barbara Drive on the south, and an existing police station, fire station, automobile agency and service station on the west. The purpose of this PC (Planned Community) District is to provide a method whereby property may be classified and developed for commercial activity, professional and business offices. The specifications of this district are intended to provide flexibility in both the land use and development standards for the planned building groups. • r • • Alft EXHIBIT JOAQU /N CV/C PLAZA • 7 i i 11 I t EXHIBIT "C° CIVIC vww,n Beers. CA AM r., -- prITA_CRUZ_DRIVE / 4 SETBACK SITE PLAN 1/ u • Aft \ EXHIBIT "C" CIVIC PLAZA NEWPORT CENTER l W�j ae". C4 GRADM PLAN {L! L1 z \ EXHIBIT "C" -5- SECTION I. STATISTICAL ANALYSIS Civic Plaza • 1. Project Area Net Acreage' 2. Percentage of Site Coverage (Site Plan) a. Building Footprint b. Parking Area C. Landscape 3. Square Footages of Uses Office Parr Art Museum • 26.12 15 -20% 45 -50% 35-40% 337,261 Sq.Ft. 30,000 Sq.Ft. ' Net Acreage Site area within the existing property lines. Z February 1, 1991 existing square footage allowable is 250,111 (Land Use Element of the City of Newport Beach, Resolution No. 88 -100, October 24, 1988). EXHIBIT "C" J -6- SECTION I1. GENERAL NOTES i. Water within the Planned Community area will be furnished by the City of Newport Beach. 2. Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No. 5. • 3. The subject property is within the City of Newport Beach. The Developer will provide the necessary flood protection facilities under the jurisdiction of the City of Newport Beach. 4. Grading and erosion control provisions shall be carried out on all areas of the Planned Community in a manner meeting the approval of the Director of Planning. 5. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach Zoning Code shall apply. The contents of this supplemental text notwithstanding, no construction shall be proposed within the boundaries of this Planned Community District except that which shall comply with all provisions of Newport Beach's Uniform Building Code and the various mechanical codes related thereto. 6. Parking lot lighting shall be subject to the review and approval of the Director of Planning. Parking lot lighting shall be designed in a manner so as to minimize impacts on adjacent residential areas. • 7. All mechanical appurtenances on building roof tops and utility vaults shall be screened from street level view in a manner meeting the approval of the Director of Planning. 8. Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City polices. 9. In the event that any non - office facility were to be eliminated from the project, the eliminated facility would be replaced with the equivalent amount of office space. 10. That a pedestrian and bicycle trail system be reviewed and approved by the Director of Planning. Aak \ EXHIBIT "C" -7- SECTION IV. CIVIC, CULTURAL, BUSINESS AND PROFESSIONAL OFFICES A. Intent The intent of this district is to permit the location of a combination of civic, cultural, business and professional office uses, and support commercial activities engaged in the sale of products to the general - public. B. Permitted Uses The following shall be permitted: 1. Retail sales and service of a convenience nature. 2. Administrative and professional offices. 3. Restaurants. Subject to Use Permit. 4. Institutional, financial and governmental facilities. 5. Civic, cultural, commercial recreational and recreational facilities. 6. Parking lots, structures and facilities. C. Building Location All buildings shall be located in substantial conformance with the approved site plan. D. Building Height All buildings and appurtenant structures shall be limited to a maximum height of sixty -five (65) feet. E. Parking Adequate off - street parking shall be provided to accommodate all parking needs for the site. The intent is to eliminate the need for any on- street parking. Required off - street parking shall be provided on the site of the use served, or on a common parking area in accordance with the off - street parking requirements of City of Newport Beach Planning and Zoning Ordinance. Parking for the museum shall be based on 3.5 spaces /1,000 square feet of gross floor area. _ jo • • EXHIBIT "C" J -8- 1 F. Landscaping Detailed landscaping and irrigation plans, prepared by a licensed landscape architect, licensed landscaping contractor, or architect shall be reviewed by the Director of Parks, Beaches and Recreation. All landscaping referred to in this section shall be maintained in a neat and orderly fashion. 1. Screening Areas used for parking shall be screened from view or have the view interrupted by landscaping, and /or fencing from access streets, and adjacent properties. Plant materials used for screening purposes shall consist of lineal or grouped masses of shrubs and /or trees. 2. Landscaping- Vehicle Separation All landscaped areas shall be separated from adjacent vehicular areas by a wall or curb, at least six (6) inches higher than the adjacent vehicular area. 3. Parking Areas Trees, equal in number to one (1) per each five (5) parking stalls shall be provided in the parking area. G. Loading Areas 1. Street side loading shall be allowed providing the loading dock is screened from view from adjacent streets. H. Refuse Collection Areas 1. All outdoor refuse collection areas shall be visually screened from access streets, and adjacent property. Said screening shall form a complete opaque screen. 2. No refuse collection area shall be permitted between a frontage street and the building line. \ EXHIBIT "C" -9- i I. Telephone and Electrical Service All "on site" electrical lines (excluding transmission lines) and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. J. Si n • 1. Building Address Sign Building address numerals shall be a maximum of two (2) feet in height and shall be consistent with the building identification signing. Building address number shall face the street (and /or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas. 2. Project /Building Identification Sign Project and /or building identification signs are permitted at major entry access drives from adjacent frontage streets, provided that they comply with the City of Newport Beach site distance requirement 110-L The identification signage is permitted in the form of a free - standing (single or double faced) monument sign. The sign copy shall be restricted to the project or building name and street address. Individual letter heights shall not exceed eighteen (18) inches. • 3. Tenant Identification Signs Tenant identification signs are permitted and are divided into two (2) categories: Primary Tenant Secondary Tenant Tenant identification signs are to be wall - mounted graphics, consisting of individually fabricated letters. Box or "cad' signs are not permitted. The maximum number of primary tenant signs permitted on any one building elevation is two (2). Each secondary tenant shall be limited to one (1) identification sign. Ank \ EXHIBIT "C" \ -10- ) The maximum letter height of a primary tenant sign shall not exceed twenty- four (24) inches. The maximum letter height of a secondary tenant sign shall not exceed sixteen (16) inches. Sign copy shall be restricted to identification of the person, firm; company or corporation operating the use conducted on the site. . 4. General Sign Standards • a. Signs (to include all those visible from the exterior of any building) may be lighted but no sign or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 5. Temporary Signs The following guidelines are'intended to produce a consistent sign design for temporary signs within Newport Center. All temporary signs require the approvals of the City of Newport Beach and The Irvine Company. Temporary signs are to identify the future site, project or facility under development on individual project sites. Information on this sign is limited to: - For Sale, For Lease, Future Home of, Building /Project Name, etc. - Type or Name of Development - Type and Area of Space Available • - Major Tenant or Developer Financial Institution General Contractor - Architect - Leasing Agent - Occupancy Date - Phone Number - Irvine Company or Irvine Company Project Name and Logo Location: One temporary sign is permitted on site for each frontage street. These signs may be single or double -faced and parallel or perpendicular to the roadway. Design: All temporary signs are to be built in substantial conformance to The Irvine Company corporate design standards as shown on the following page. Longevity: Signs can exist from the time of lease or sale of the parcel until construction and /or leasing of the facility is complete. MV Page 3 • • EXHIB4- T. 9C "_ _ Future Home of American Products 31 Technology Dr. (714) 551 -1500 BROKER: Company uoe*cr. Frank Lloyd Wright CON ^.AACMR: Johnson Construction v T"G RVINE CDMPANY 216191 • • Aft EXHIBIT "C" CORPORATE PLAZA PLANNED COMMUNITY DISTRICT REGULATIONS Amendment No. 728 City Council Resolution No. 92-4 January 13, 1992 EXHIBIT "C" TABLE OF CONTENTS Introduction.................................................................................. ............................... Page 3 •SECTION I STATISTICAL ANALYSIS ...................... Page 4 SECTION II GENERAL NOTES .... ........ Page 5 SECTION III DEFINITIONS ..................... ....................... Page 7 SECTION IV BUSINESS, PROFESSIONAL AND COMMERCIAL .......................... Page 8 Sub - Section A Intent ............................... ............................... Page 8 Sub - Section B Permitted Uses .............. ............................... Page 8 Sub - Section C Building Location ......... ............................... Page 8 Sub - Section D Building Height ............. ............................... Page 8 Sub - Section E Parking ............................ ............................... Page 9 Sub - Section F Landscaping .................. ............................... Page 9 Sub- Section G Loading Areas .............. .. ..... _....................... Page 9 Sub - Section H Storage Areas ................ ............................... Page 10 Sub - Section I Refuse Collection Areas ............................. Page 10 Sub - Section J Telephone and Electrical Service ............. Page 10 Sub - Section K Signs ................................. ............................... Page 10 • G r -I EXHIBIT "C" -3- INTRODUCTION • The Corporate Plaza Planned Community District for the City of Newport Beach is a part of the Newport Center Development in conjunction with the South Irvine Ranch General Land Use Plan and the Newport Beach General Plan which was adopted in December 1973. • The purpose of this PC (Planned Community) District is to provide a method whereby property may be classified and developed for commercial activity, professional and business offices. The specifications of this district are intended to provide flexibility in both the land use and development standards for the planned building groups. .. ....................... . . • Aft EXHIBIT "C" PACIFIC COAST HIGHWAY LEGEND PROFESSIONAL I OFFICE l COMMERCIAL CORPORATE PLAZA 0 \14 6.3 1 EXHIBIT ,C,, "j IV=T Camp SCN7' AGAAE PLAN EXHIBIT "C" CORPORATE PLAZA NEWPORT CENTER r� 11 �; • • EXHIBIT 11C1t Nz r6 e Q a♦ w ° } �i A 9 r a V CORPORATE PLAZA OR CaaM Adft .( o QMr�`r q 7 AM n ia.uurrrt III1 , s SEMAC.KS SITE EXHIBIT "C" -4- SECTION I. STATISTICAL ANALYSIS Corporate Plaza • 1. Project Area Gross Acreage 47.8 Net Acreage 40.4 2. Percentage of Site Coverage a. Building Footprint 15 -20 b. Parking Area 40-45 C. Landscape 40-45 3. Maximum building floor area will not exceed 432,320 square feet. 4. The square footage of individual building sites are tentative and subject to adjustment as long as the limitations on total development are not violated. Any adjustment in the square footages for each building site shall be reviewed and approved by the Planning Director. • Amk L/ EXHIBIT "C" -5- SECTION II. GENERAL NOTES 1. Grading outside an area submitted under the Planned Development Ordinance but within the Planned Community area will be permitted upon securing of a grading permit. 2. Water within the Planned Community area will be furnished by the City of Newport •Beach. 3. Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No. 5. 4. The subject property is within the City of Newport Beach. The Developer will provide the necessary flood protection facilities under the jurisdiction of the City of Newport Beach. 5. Erosion control provisions shall be carried out on all areas of the Planned Community in a manner meeting the approval of the Director of Planning. 6. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach Zoning Code shall apply. The contents of this supplemental text notwithstanding, no construction shall be proposed within the boundaries of this Planned Community District except that which shall comply with all provisions of Newport Beach's Uniform Building Code and the various mechanical codes related thereto. • 7. Parking lot lighting shall be subject to the review and approval of the Director of Planning. Parking lot lighting shall be designed in a manner so as to minimize impacts on adjacent residential areas. 8. All mechanical appurtenances on building roof tops and utility vaults shall be screened from street level view in a manner meeting the approval of the Director of Planning. 9. Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City polices. 10. Any future signal light on East Pacific Coast Highway at the private street intersection will be the responsibility of The Irvine Company. 11. The on -site parking, vehicular circulation and pedestrian circulation systems shall be reviewed and approved by the Traffic Engineer. )l EXHIBIT "C" 12. The intersections at private streets and drives shall be designed to provide sight distance for a speed of 30 miles per hour. Slopes landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 13. Prior to occupancy of any structures, easements for public emergency and security • ingress, egress and public utility purposes should be dedicated to the City over all private streets. 14. Prior to issuance of a grading permit, the master plans of water, sewer and storm drain facilities shall be reviewed and updated to current standards and any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the review shall be the responsibility of the developer unless otherwise provided for through an agreement with the property owner. The review of the storm drain master plan will require the submittal of hydrology and hydraulic studies to the Public Works Department for review and approval. The hydrology study shall include both on -site and off -site drainage to determine the measures necessary to protect the subject development from flooding during a 100 year storm frequency. The developer may be required to install retention basins upstream from the proposed development or enlarge the existing downstream storm drain system to satisfy the requirement. 15. The northerly entrance /exit on Avocado Avenue shall be designed for a right turn in and out, ONLY. The design shall provide for an island that restricts left turns. This requirement may be waived if the driveway lines up with the access to the parcel easterly of Avocado Avenue and the City incurs no additional costs to relocate • their proposed access to the library site. l EXHIBIT "C" / 7 SECTION III. DEFINITIONS Advertising Surface of a Sign The total area of the face of the sign structure, excluding supports. •Area of Elevation Total height and length of a building as projected to a vertical plane. Setbacks from Street Corners Setbacks from street comers shall be established as that point of intersection of the required setback lines from access streets, prolonged to point of intersection. �J r l EXHIBIT "C" J $ SECTION IV. BUSINESS, PROFESSIONAL AND COMMERCIAL A. Intent The intent of this district is to permit the location of a combination of business and professional office uses, and light general commercial activities engaged in the sale of products to the general public. • B. Permitted Uses The following shall be permitted: is 1. Retail sales and service of a convenience nature. 2. Administrative and professional offices (excluding medical offices). 3. Restaurants, including outdoor, drive -in or take -out restaurants, shall be subject to the securing of a use permit in each case. Facilities other than indoor dining establishments or those that qualify as outdoor, drive -in or take- out establishments shall be subject to the City of Newport Beach regulations covering drive -in and outdoor establishments. 4. Institutional, financial and governmental facilities. 5. Civic, cultural, commercial recreational and recreational facilities. 6. Parking lots, structures and facilities. 7. Drive -up teller units, subject to the review of the on -site parking and circulation plan by the City Traffic Engineer and approved by the Director of Planning. C. Building Location All buildings shall be located in substantial conformance with the approved site plan. D. Building Height All buildings and appurtenant structures shall be limited to a maximum height of thirty -two (32) feet, with the exception of Building "22" which shall be permitted up to the limit established by the sight plane and the extension of the sight plane northerly to Farallon Drive and southerly to Pacific Coast Highway. • • AMk EXHIBIT ,C,, -9- E. Parking Adequate off- street parking shall be provided to accommodate all parking needs for the site. The intent is to eliminate the need for any on- street parking. Required off - street parking shall be provided on the site of the use served, or on a common parking area in accordance with the off - street parking requirements of City of Newport Beach Planning and Zoning Ordinance. F. Landscaping Detailed landscaping and irrigation plans, prepared by a licensed landscape architect, licensed landscaping contractor, or architect shall be reviewed by the Director of Parks, Beaches and Recreation. In no case shall any landscaping penetrate the sight plane ordinance established by the sight plane for Harbor View Hills. All landscaping referred to in this section shall be maintained in a neat and orderly fashion. 1. Scrag Areas used for parking shall be screened from view or have the view interrupted by landscaping, and /or fencing from access streets, and adjacent properties. Plant materials used for screening purposes shall consist of lineal or grouped masses of shrubs and /or trees. 2. Landscaping- Vehicle Separation All landscaped areas shall be separated from adjacent vehicular areas by a wall or curb, at least six (6) inches higher than the adjacent vehicular area. 3. Parking Areas Trees, equal in number to one!(1) per each five (5) parking stalls shall be provided in the parking area. G. Loading Areas 1. Street side loading shall be allowed providing the loading dock is screened from view from adjacent streets. EXHIBIT "C" -10- H. Storage Areas 1. All outdoor storage shall be visually screened from access streets, and adjacent property. Said screening shall form a complete opaque screen. 2. No storage shall be permitted between a frontage street and the building line. • I. Refuse Collection Areas 1. All outdoor refuse collection areas shall be visually screened from access streets, and adjacent property. Said screening shall form a complete opaque screen. 2. No refuse collection area shall be permitted between a frontage street and the building line. J. Telephone and Electrical Service All "on site" electrical line (excluding transmission lines) and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. K. Simon 1. Building Address Sign Building address numerals shall be a maximum of two (2) feet in height and shall be consistent with the building identification signing. • Building address number shall face the street (and /or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas. 2. Project /Building Identification Sign Project and /or building identification signs are permitted at major entry access drives from adjacent frontage streets, provided that they comply with the City of Newport Beach site distance requirement 110-L The identification signage is permitted in the form of a free - standing (single or double faced) monument sign. The sign copy shall be restricted to the project or building name and street address. Individual letter heights shall not exceed eighteen (18) inches. ',`r EXHIBIT "C" -11- 3. Tenant Identification Signs Tenant identification signs are permitted and are divided into two (2) categories: Primary Tenant Secondary Tenant • Tenant identification signs are to be wall - mounted graphics, consisting of individually fabricated letters. Box or "can" signs are not permitted. The maximum number of primary tenant signs permitted on any one building elevation is two (2). Each secondary tenant shall be limited to one (1) identification sign. The maximum letter height of a primary tenant sign shall not exceed twenty- four (24) inches. The maximum letter height of a secondary tenant sign shall not exceed sixteen (16) inches. Sign copy shall be restricted to identification of the person, firm, company or corporation operating the use conducted on the site. 4. General Sign Standards a. Signs (to include all those visible from the exterior of any building) may be lighted but no sign or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 5. 5. Temporary Signs The following guidelines are intended to produce a consistent sign design for temporary signs within Newport Center. All temporary signs require the approvals of the City of Newport Beach and The Irvine Company. Temporary signs are to identify the future site, project or facility under development on individual project sites. Information on this sign is limited to: - For Sale, For Lease, Future Home of, Building /Project Name, etc. - Type or Name of Development - Type and Area of Space Available - Major Tenant or Developer EXHIBIT "C" 1 -12- Financial Institution General Contractor Architect Leasing Agent Occupancy Date Phone Number Irvine Company or Irvine Company Project Name and Logo • Location: One temporary sign is permitted on site for each frontage street. These signs may be single or double -faced and parallel or perpendicular to the roadway. Design: All temporary signs are to be built in substantial conformance to The Irvine Company corporate design standards as shown on the following page. Longevity: Signs can exist from the time of lease or sale of the parcel until construction and /or leasing of the facility is complete. • S0 0 Alm EXHIBIT "C" Page 2/6/91 Future Home of American Products 31 Technology Dr. (714) 5514500 BROKER: Company APCWMCT: Frank Lloyd Wright COmucmR: Johnson Construction THe IRVINE COMPANY 0 EXHIBIT 'D' LIBRARY LAND EXCHANGE AGREEMENT PROJECT SCHEDULE APRIL 20, 1992 DESCRIPTION APR MAY JUN j JUL EIR Notice of Preparation Complete Prepare Screencheck EIR Complete Screen Check Review Complete 45 —day Public Review Complete P.C. TEXT j Draft P.C. Text Complete City Review Complete PARCEL MAPS FOR NEW LIBRARY Prepare Parcel Map Complete Screen Check Complete File Map Complete Record Map Complete DEVELOPMENT AGREEMENT Draft Agreement Complete City Review PUBLIC HEARINGS Planning Commission City Council NEW LIBRARY IMPLEMENTATION Preliminary Design Complete Design Development Complete Construction Doc's Complete Plan Check Complete Sell Certificates of Participation Construction - - -> TRANSACTION ITEMS Open Escrow Complete Property Inspections Complete Close Escrow L --77 - Am