Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. XXXXX 26TH STREET, LLC, a Delaware limited liability company By: Name: Title: By: Name: Title: CITY OF SANTA XXXXXX, a municipal corporation By: Name: Title: ATTEST: By: Name: City Clerk APPROVED AS TO FORM: By: Name: City Attorney REAL PROPERTY IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF THE RANCHO SAN XXXXXXX SANTA XXXXXX, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LAND, DISTANT THEREON NORTH 75° 32' 40" EAST, 232.38 FEET FROM THE NORTH WESTERLY CORNER THEREOF, SAID POINT ALSO BEING THE MOST EASTERLY CORNER OF LOT 5 OF TRACT NO. 9774, AS PER MAP RECORDED IN BOOK 140 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75° 32' 40" EAST 816.62 FEET; THENCE SOUTH 17° 14' 04" EAST 221.91 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY LINE OF OLYMPIC BOULEVARD, 110 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 PAGE 90 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID NORTHERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1945.00 FEET AND THE RADIAL LINE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 27° 26' 18" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE 281.29 FEET TO ITS POINT OF TANGENCY WITH A CURVE CONCAVE SOUTHEASTERLY, HAVING RADIUS OF 11,778.44 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, 613.92 FEET TO ITS POINT OF INTERSECTION WITH A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 892.00 FEET AND THE RADIAL LINE TO SAID LAST MENTIONED CURVE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 84° 10' 12" WEST; THENCE NORTHERLY ALONG SAID LAST MENTIONED CURVE, 336.15 FEET; THENCE NORTH 60° 49' 01" EAST, 5.67 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF SAID LAND INCLUDED WITHIN THE LAND DESCRIBED IN THE DEEDS TO CITY OF SANTA XXXXXX, RECORDED MAY 15, 1959 AS INSTRUMENT NO. 471 IN BOOK D-467 PAGE 892 AND RECORDED OCTOBER 14, 1977 AS INSTRUMENT NO. 00-0000000, BOTH OF OFFICIAL RECORDS. ALSO EXCEPT ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURFACE OR THE RIGHT TO USE SAID SURFACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INC., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF THE RANCHO SAN XXXXXXX Y SANTA XXXXXX, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LAND, DISTANT THEREON NORTH 75° 32' 40" EAST 1049.00 FEET FROM THE MOST WESTERLY CORNER OF SAID LAND, SAID POINT ALSO BEING DISTANT NORTH 75° 32' 40" EAST, 816.62 FEET FROM THE MOST EASTERLY CORNER OF LOT 5 OF TRACT NO. 9774. AS PER MAP RECORDED IN BOOK 104 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75° 32' 40" EAST 298.38 FEET; THENCE SOUTH 20° 51' 48" EAST, 140.62 FEET TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 110 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 PAGE 90, OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 60° 06' 22" WEST 230.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1945.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 83.35 FEET TO A LINE THAT BEARS SOUTH 17° 14' 04" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 17° 14' 04" WEST 221.91 FEET TO POINT OF BEGINNING. EXCEPT THERE FROM ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURFACE OR THE RIGHT TO USE SAID SURFACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INC., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 3: A NON EXCLUSIVE EASEMENT FOR RAILROAD SPUR PURPOSES, OVER THE FOLLOWING DESCRIBED LAND: THAT PORTION OF PARCEL 3 OF LOS ANGELES COUNTY ASSESSOR'S MAP NO. 74, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 1 PAGES 38 AND 39 OF LOS ANGELES COUNTY ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE RIGHT, PRIVILEGE AND EASEMENT TO USE FOR RAILROAD SPUR PURPOSES A STRIP OF LAND OF A UNIFORM WIDTH OF 20.00 FEET LYING 10.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY OF PARCEL 2, AS SHOWN ON SAID ASSESSOR'S MAP NO. 74, DISTANT THEREON NORTH 45° 14' 35" EAST 15.00 FEET FROM THE MOST WESTERLY CORNER OF SAID PARCEL 2; THENCE PARALLEL WITH THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL 2, SOUTH 44° 54' 25" EAST 461.19 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 345.00 FEET, SAID CURVE BEING TANGENT AT ITS POINT OF ENDING TO A CURVE HAVING A RADIUS OF 11,788.44 FEET, CONCENTRIC AND DISTANT NORTHWESTERLY 10.00 FEET FROM THE CURVE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 3, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE EASTERLY, ALONG SAID CURVE, 400.15 FEET TO THE END THEREOF; THENCE, NORTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,788.44 FEET, AN ARC DISTANCE OF 164.00 FEET, MORE OR LESS, TO THE WESTERLY SIDE LINE OF 26TH STREET AS DESCRIBED AS PARCEL 2 IN DECREE OF CONDEMNATION ENTERED AS CASE NO. S. M. C. 6063 IN THE SUPERIOR COURT OF THE COUNTY OF LOS ANGELES. EXCEPT FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION LYING SOUTHWESTERLY OF A LINE PARALLEL AND/OR CONCENTRIC WITH AND 10.00 FEET NORTHEASTERLY MEASURED RADIALLY OR AT RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF PARCEL 2 OF SAID L. A. C. A. MAP NO. 74. PARCEL 4: PARCEL 8 OF LOS ANGELES COUNTY ASSESSOR MAP #74 IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 39 OF LOS ANGELES COUNTY ASSESSOR MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO THAT PORTION OF PARCEL 9 OF SAID LOS ANGELES COUNTY ASSESSOR MAP #74 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 9, THENCE NORTH 20° 51' 48" WEST ALONG THE WESTERLY LINE OF PARCEL 9 A DISTANCE OF 140.62 FEET TO THE NORTHERLY LINE OF SAID PARCEL; THENCE NORTH 75° 32' 40" EAST ALONG THE NORTHERLY LINE DISTANCE OF 166.00 FEET TO A POINT ON THE WESTERLY LINE OF XXXXXXX STREET POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 460.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, 20.91 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 59° 06' 12" EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY LINE OF PARCEL 9 A DISTANCE OF 111.23 FEET; THENCE SOUTH 29° 53' 38" EAST A DISTANCE OF 103.41 FEET TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 117 FEET WIDE, THENCE SOUTH 60 DEG 06' 22" WEST ALONG THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD 75.70 FEET TO THE POINT OF BEGINNING. PARCEL 5: THAT PORTION OF PARCEL 9 OF LOS ANGELES COUNTY ASSESSOR MAP #74, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 39 OF LOS ANGELES COUNTY ASSESSOR MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 9, DISTANT THEREON NORTH 60° 06' 22" EAST, 75.70 FEET FROM THE MOST SOUTHERLY CORNER OF SAID PARCEL 9, THENCE ALONG SAID SOUTHEASTERLY BOUNDARY, ALSO BEING THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 117 FEET WIDE, NORTH 60° 06' 22" EAST 82.29 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 25 FEET; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 39.27 FEET; THENCE NORTH 29° 53' 38" WEST, 40.75,FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 460 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 8.05 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 59° 06' 12" EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY LINE OF PARCEL 9 A DISTANCE OF 111.23 FEET; THENCE SOUTH 29° 53' 38" EAST 103.41 FEET TO THE POINT OF BEGINNING. APN: 0000-000-000 and 0000-000-000 1. Each Developer shall pay the following fees and charges that are within the City’s jurisdiction and at the rate in effect at the time payments are made with respect to the Building being processed by such Developer:
Appears in 1 contract
Samples: Development Agreement
Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. {signatures on next page} This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. XXXXX 26TH STREETVILLAGE TRAILER PARK, LLC, a Delaware California limited liability company a Tenant in Common as to a 50% interest By: DRAFT Name: Title: VILLAGE TRAILER PARK, a California corporation a Tenant in Common as to a 50% interest By: DRAFT Name: Title: CITY OF SANTA XXXXXX, a municipal corporation By: DRAFT Name: Title: ATTEST: By: DRAFT Name: City Clerk APPROVED AS TO FORM: By: DRAFT Name: City Attorney REAL PROPERTY IN THE CITY OF SANTA XXXXXXAll that certain real property situated in the County of Los Angeles, COUNTY OF LOS ANGELESState of California, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWSdescribed as follows: PARCEL 1: THE SOUTHEASTERLY HALF OF THAT PORTION OF THE RANCHO SAN XXXXXXX SANTA XXXXXX, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LAND, DISTANT THEREON NORTH 75° 32' 40" EAST, 232.38 FEET FROM THE NORTH WESTERLY CORNER THEREOF, SAID POINT ALSO BEING THE MOST EASTERLY CORNER OF LOT 5 IN BLOCK 200 OF TRACT NO. 9774, AS PER MAP RECORDED IN BOOK 140 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75° 32' 40" EAST 816.62 FEET; THENCE SOUTH 17° 14' 04" EAST 221.91 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY LINE OF OLYMPIC BOULEVARD, 110 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 PAGE 90 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID NORTHERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1945.00 FEET AND THE RADIAL LINE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 27° 26' 18" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE 281.29 FEET TO ITS POINT OF TANGENCY WITH A CURVE CONCAVE SOUTHEASTERLY, HAVING RADIUS OF 11,778.44 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, 613.92 FEET TO ITS POINT OF INTERSECTION WITH A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 892.00 FEET AND THE RADIAL LINE TO SAID LAST MENTIONED CURVE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 84° 10' 12" WEST; THENCE NORTHERLY ALONG SAID LAST MENTIONED CURVE, 336.15 FEET; THENCE NORTH 60° 49' 01" EAST, 5.67 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF SAID LAND INCLUDED WITHIN THE LAND DESCRIBED IN THE DEEDS TO CITY OF SANTA XXXXXX, RECORDED MAY 15, 1959 AS INSTRUMENT NO. 471 IN BOOK D-467 PAGE 892 AND RECORDED OCTOBER 14, 1977 AS INSTRUMENT NO. 00-0000000, BOTH OF OFFICIAL RECORDS. ALSO EXCEPT ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURFACE OR THE RIGHT TO USE SAID SURFACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INC., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF THE RANCHO SAN XXXXXXX Y SANTA XXXXXX, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LAND, DISTANT THEREON NORTH 75° 32' 40" EAST 1049.00 FEET FROM THE MOST WESTERLY CORNER OF SAID LAND, SAID POINT ALSO BEING DISTANT NORTH 75° 32' 40" EAST, 816.62 FEET FROM THE MOST EASTERLY CORNER OF LOT 5 OF TRACT NO. 9774. AS PER MAP RECORDED IN BOOK 104 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75° 32' 40" EAST 298.38 FEET; THENCE SOUTH 20° 51' 48" EAST, 140.62 FEET TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 110 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 PAGE 90, OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 60° 06' 22" WEST 230.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1945.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 83.35 FEET TO A LINE THAT BEARS SOUTH 17° 14' 04" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 17° 14' 04" WEST 221.91 FEET TO POINT OF BEGINNING. EXCEPT THERE FROM ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURFACE OR THE RIGHT TO USE SAID SURFACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INC., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 3: A NON EXCLUSIVE EASEMENT FOR RAILROAD SPUR PURPOSES, OVER THE FOLLOWING DESCRIBED LAND: THAT PORTION OF PARCEL 3 OF LOS ANGELES COUNTY ASSESSOR'S MAP NO. 74, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 1 PAGES 38 AND 39 OF LOS ANGELES COUNTY ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE RIGHT, PRIVILEGE AND EASEMENT TO USE FOR RAILROAD SPUR PURPOSES A STRIP OF LAND OF A UNIFORM WIDTH OF 20.00 FEET LYING 10.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY OF PARCEL 2, AS SHOWN ON SAID ASSESSOR'S MAP NO. 74, DISTANT THEREON NORTH 45° 14' 35" EAST 15.00 FEET FROM THE MOST WESTERLY CORNER OF SAID PARCEL 2; THENCE PARALLEL WITH THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL 2, SOUTH 44° 54' 25" EAST 461.19 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 345.00 FEET, SAID CURVE BEING TANGENT AT ITS POINT OF ENDING TO A CURVE HAVING A RADIUS OF 11,788.44 FEET, CONCENTRIC AND DISTANT NORTHWESTERLY 10.00 FEET FROM THE CURVE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 3, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE EASTERLY, ALONG SAID CURVE, 400.15 FEET TO THE END THEREOF; THENCE, NORTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,788.44 FEET, AN ARC DISTANCE OF 164.00 FEET, MORE OR LESS, TO THE WESTERLY SIDE LINE OF 26TH STREET AS DESCRIBED AS PARCEL 2 IN DECREE OF CONDEMNATION ENTERED AS CASE NO. S. M. C. 6063 IN THE SUPERIOR COURT OF THE COUNTY OF LOS ANGELES. EXCEPT FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION LYING SOUTHWESTERLY OF A LINE PARALLEL AND/OR CONCENTRIC WITH AND 10.00 FEET NORTHEASTERLY MEASURED RADIALLY OR AT RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF PARCEL 2 OF SAID L. A. C. A. MAP NO. 74. PARCEL 4: PARCEL 8 OF LOS ANGELES COUNTY ASSESSOR MAP #74 IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 39 PAGES 45 ET SEQ., OF LOS ANGELES COUNTY ASSESSOR MAPSMISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO THAT PORTION OF PARCEL 9 OF SAID LOS ANGELES COUNTY ASSESSOR MAP #74 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY NORTHERLY CORNER OF SAID PARCEL 9, LOT 5; THENCE NORTH 20° 51' 48" WEST SOUTHEASTERLY ALONG THE WESTERLY NORTHEASTERLY LINE OF PARCEL 9 SAID LOT, A DISTANCE OF 140.62 200 FEET TO THE NORTHERLY TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY PARALLEL WITH THE NORTHWESTERLY LINE OF SAID PARCEL; THENCE NORTH 75° 32' 40" EAST ALONG THE NORTHERLY LINE LOT, A DISTANCE OF 166.00 FEET TO A POINT ON THE WESTERLY LINE OF XXXXXXX STREET POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 460.00 137.50 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, 20.91 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 59° 06' 12" EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY SAID NORTHEASTERLY LINE OF PARCEL 9 THEREOF, A DISTANCE OF 111.23 355 FEET; THENCE SOUTH 29° 53' 38" EAST A DISTANCE OF 103.41 FEET , MORE OR LESS, TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARDTHE SOUTHEASTERLY 85 FEET OF SAID LOT; THENCE NORTHEASTERLY ALONG SAID LAST MENTIONED NORTHWESTERLY LINE, 117 FEET WIDEA DISTANCE OF 137.50 FEET, THENCE SOUTH 60 DEG 06' 22" WEST ALONG MORE OR LESS, TO THE NORTHWESTERLY SAID NORTHEASTERLY LINE OF OLYMPIC BOULEVARD 75.70 FEET SAID LOT; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY LINE, A DISTANCE OF 355 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTHEASTERLY 25 FEET THEREOF, AS DESCRIBED IN THE DEED TO THE CITY OF SANTA XXXXXX, A MUNICIPAL CORPORATION, RECORDED AUGUST 11, 1955 AS INSTRUMENT NO. 414, OFFICIAL RECORDS. PARCEL 2: THOSE PORTIONS OF LOTS 4 AND 5: THAT PORTION OF PARCEL 9 OF LOS ANGELES COUNTY ASSESSOR MAP #74, IN BLOCK 200, OF THE CITY TOWN OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 39 PAGES 45 ET SEQ., OF LOS ANGELES COUNTY ASSESSOR MAPSMISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 120.00 FEET OF SAID LOT 4 WITH THE NORTHWESTERLY LINE OF SAID LOT 4; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE 110.40 FEET; THENCE SOUTHEASTERLY, AT RIGHT ANGLES TO SAID NORTHWESTERLY LINE, 120.00 FEET; THENCE NORTHEASTERLY, PARALLEL WITH SAID NORTHWESTERLY LINE, 79.88 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY 519.85 FEET, MORE OR LESS, IN A DIRECT LINE TO A POINT ON IN THE SOUTHEASTERLY BOUNDARY LINE OF SAID PARCEL 9, LOT 4 DISTANT THEREON NORTH 60° 06' 22" EAST, 75.70 SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE 28.77 FEET FROM THE MOST SOUTHERLY EASTERLY CORNER OF SAID PARCEL 9LOT 4; THENCE NORTHEASTERLY, THENCE ALONG THE SOUTHEASTERLY LINES OF SAID SOUTHEASTERLY BOUNDARYLOTS 4 AND 5, ALSO BEING A DISTANCE OF 232.46 FEET, MORE OR LESS, TO THE NORTHWESTERLY SOUTHWESTERLY LINE OF OLYMPIC BOULEVARD, 117 THE NORTHEASTERLY 137.50 FEET WIDE, NORTH 60° 06' 22" EAST 82.29 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 25 FEET; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 39.27 FEET; THENCE NORTH 29° 53' 38" WEST, 40.75,FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 460 FEETLOT 5; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 8.05 FEET SOUTHWESTERLY LINE 640.00 FEET, MORE OR LESS, TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 59° 06' 12" EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY NORTHWESTERLY LINE OF PARCEL 9 SAID LOT 5; THENCE SOUTHWESTERLY, ALONG THE NORTHWESTERLY LINES OF SAID LOTS 4 AND 5; A DISTANCE OF 111.23 232.32 FEET, MORE OR LESS, TO A LINE THAT IS DRAWN AT RIGHT ANGLES TO THE NORTHWESTERLY LINE OF SAID LOT 4 AND THAT PASSES THROUGH THE TRUE POINT OF BEGINNING; THENCE SOUTH 29° 53' 38" EAST 103.41 SOUTHEASTERLY ALONG SAID LINE SO DRAWN, 120.00 FEET TO THE TRUE POINT OF BEGINNING. APN: 0000-000-000 and 0000-000-000.
1. Each Developer shall pay the following fees and charges that are within the City’s jurisdiction and at the rate in effect at the time payments are made with respect made:
(a) Upon submittal for Architectural Review Board (ARB) review, Developer shall pay City fees for processing of ARB applications;
(b) Upon submittal for plan check, Developer shall pay City plan check fees;
(c) Prior to issuance of construction permits, Developer shall pay the following City fees and all other standard fees imposed on similar development projects: Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Building being processed & Safety) Shoring Tieback fee (collected by such Developer:EPWM)
Appears in 1 contract
Samples: Development Agreement
Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. XXXXX 26TH STREETNMS1430LINCOLN, LLC. 0000 0XX Xxxxxx, a Delaware limited liability company Xxxxx 000 Xxxxx Xxxxxx, XX 00000 By: Name: Xxxxx Xxxxxx Title: By: Name: Title: CEO CITY OF SANTA XXXXXX, a municipal corporation By: Name: Xxxx Xxxx Title: City Manager ATTEST: By: Name: Xxxxxx Xxxxxxxx-Xxxxxx City Clerk APPROVED AS TO FORM: By: Name: Xxxxx Xxxx Deputy City Attorney REAL PROPERTY IN THE CITY OF SANTA XXXXXXAll that certain real property situated in the County of Los Angeles, COUNTY OF LOS ANGELESState of California, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWSdescribed as follows: PARCEL 1: THAT PORTION THE NORTHWESTERLY. 25 FEET, FRONT AND REAR, OF THE RANCHO SAN XXXXXXX SANTA XXXXXX, LOT "H" IN THE CITY BLOCK 167 OF TOWN OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LAND, DISTANT THEREON NORTH 75° 32' 40" EAST, 232.38 FEET FROM THE NORTH WESTERLY CORNER THEREOF, SAID POINT ALSO BEING THE MOST EASTERLY CORNER OF LOT 5 OF TRACT NO. 9774, AS PER MAP RECORDED IN BOOK 140 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75° 32' 40" EAST 816.62 FEET; THENCE SOUTH 17° 14' 04" EAST 221.91 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY LINE OF OLYMPIC BOULEVARD, 110 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 PAGE 90 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID NORTHERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1945.00 FEET AND THE RADIAL LINE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 27° 26' 18" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE 281.29 FEET TO ITS POINT OF TANGENCY WITH A CURVE CONCAVE SOUTHEASTERLY, HAVING RADIUS OF 11,778.44 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, 613.92 FEET TO ITS POINT OF INTERSECTION WITH A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 892.00 FEET AND THE RADIAL LINE TO SAID LAST MENTIONED CURVE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 84° 10' 12" WEST; THENCE NORTHERLY ALONG SAID LAST MENTIONED CURVE, 336.15 FEET; THENCE NORTH 60° 49' 01" EAST, 5.67 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF SAID LAND INCLUDED WITHIN THE LAND DESCRIBED IN THE DEEDS TO CITY OF SANTA XXXXXX, RECORDED MAY 15, 1959 AS INSTRUMENT NO. 471 IN BOOK D-467 PAGE 892 AND RECORDED OCTOBER 14, 1977 AS INSTRUMENT NO. 00-0000000, BOTH OF OFFICIAL RECORDS. ALSO EXCEPT ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURFACE OR THE RIGHT TO USE SAID SURFACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INC., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF THE RANCHO SAN XXXXXXX Y SANTA XXXXXX, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LAND, DISTANT THEREON NORTH 75° 32' 40" EAST 1049.00 FEET FROM THE MOST WESTERLY CORNER OF SAID LAND, SAID POINT ALSO BEING DISTANT NORTH 75° 32' 40" EAST, 816.62 FEET FROM THE MOST EASTERLY CORNER OF LOT 5 OF TRACT NO. 9774. AS PER MAP RECORDED IN BOOK 104 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75° 32' 40" EAST 298.38 FEET; THENCE SOUTH 20° 51' 48" EAST, 140.62 FEET TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 110 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 PAGE 90, OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 60° 06' 22" WEST 230.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1945.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 83.35 FEET TO A LINE THAT BEARS SOUTH 17° 14' 04" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 17° 14' 04" WEST 221.91 FEET TO POINT OF BEGINNING. EXCEPT THERE FROM ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURFACE OR THE RIGHT TO USE SAID SURFACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INC., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 3: A NON EXCLUSIVE EASEMENT FOR RAILROAD SPUR PURPOSES, OVER THE FOLLOWING DESCRIBED LAND: THAT PORTION OF PARCEL 3 OF LOS ANGELES COUNTY ASSESSOR'S MAP NO. 74, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 1 PAGES 38 AND 39 OF LOS ANGELES COUNTY ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE RIGHT, PRIVILEGE AND EASEMENT TO USE FOR RAILROAD SPUR PURPOSES A STRIP OF LAND OF A UNIFORM WIDTH OF 20.00 FEET LYING 10.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY OF PARCEL 2, AS SHOWN ON SAID ASSESSOR'S MAP NO. 74, DISTANT THEREON NORTH 45° 14' 35" EAST 15.00 FEET FROM THE MOST WESTERLY CORNER OF SAID PARCEL 2; THENCE PARALLEL WITH THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL 2, SOUTH 44° 54' 25" EAST 461.19 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 345.00 FEET, SAID CURVE BEING TANGENT AT ITS POINT OF ENDING TO A CURVE HAVING A RADIUS OF 11,788.44 FEET, CONCENTRIC AND DISTANT NORTHWESTERLY 10.00 FEET FROM THE CURVE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 3, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE EASTERLY, ALONG SAID CURVE, 400.15 FEET TO THE END THEREOF; THENCE, NORTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,788.44 FEET, AN ARC DISTANCE OF 164.00 FEET, MORE OR LESS, TO THE WESTERLY SIDE LINE OF 26TH STREET AS DESCRIBED AS PARCEL 2 IN DECREE OF CONDEMNATION ENTERED AS CASE NO. S. M. C. 6063 IN THE SUPERIOR COURT OF THE COUNTY OF LOS ANGELES. EXCEPT FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION LYING SOUTHWESTERLY OF A LINE PARALLEL AND/OR CONCENTRIC WITH AND 10.00 FEET NORTHEASTERLY MEASURED RADIALLY OR AT RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF PARCEL 2 OF SAID L. A. C. A. MAP NO. 74. PARCEL 4: PARCEL 8 OF LOS ANGELES COUNTY ASSESSOR MAP #74 IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 39 OF LOS ANGELES COUNTY ASSESSOR MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO THAT PORTION OF PARCEL 9 OF SAID LOS ANGELES COUNTY ASSESSOR MAP #74 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 9, THENCE NORTH 20° 51' 48" WEST ALONG THE WESTERLY LINE OF PARCEL 9 A DISTANCE OF 140.62 FEET TO THE NORTHERLY LINE OF SAID PARCEL; THENCE NORTH 75° 32' 40" EAST ALONG THE NORTHERLY LINE DISTANCE OF 166.00 FEET TO A POINT ON THE WESTERLY LINE OF XXXXXXX STREET POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 460.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, 20.91 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 59° 06' 12" EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY LINE OF PARCEL 9 A DISTANCE OF 111.23 FEET; THENCE SOUTH 29° 53' 38" EAST A DISTANCE OF 103.41 FEET TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 117 FEET WIDE, THENCE SOUTH 60 DEG 06' 22" WEST ALONG THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD 75.70 FEET TO THE POINT OF BEGINNING. PARCEL 5: THAT PORTION OF PARCEL 9 OF LOS ANGELES COUNTY ASSESSOR MAP #74, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 3 PAGES 80 AND 81 INCLUSIVE, OF MISCELLANEOUS RECORDS AND IN BOOK 39 PAGES 45 THROUGH 51 INCLUSIVE, OF LOS ANGELES COUNTY ASSESSOR MAPSMISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: LOT "I" IN BLOCK 167 OF TOWN OF SANTA XXXXXX, DESCRIBED IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STA TE OF CALIFORNIA, AS FOLLOWSPER MAP RECORDED IN AND 81 INCLUSIVE, OF MISCELLANEOUS RECORDS AND IN BOOK 39 PAGES 45 TIIROUGH 51 INCLUSIVE, OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 3: BEGINNING AT A POINT ON LOT "G" IN BLOCK 167 OF TOWN OF SANTA XXXXXX, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGES 80 AND 81 INCLUSIVE, OF MISCELLANEOUS RECORDS AND IN THROUGH 51 INCLUSIVE, OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 4: THE SOUTHEASTERLY BOUNDARY 25 FEET, FRONT AND REAR, OF LOT "H'' IN BLOCK 167 OF TOWN OF SANTA XXXXXX, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGES 80 AND 81 INCLUSIVE, OF MISCELLANEOUS RECORDS AND IN BOOK 39 PAGES 45 THROUGH 51 INCLUSIVE, OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 95: LOT "F" IN BLOCK 167 OF TOWN OF SANTA XXXXXX, DISTANT THEREON NORTH 60° 06' 22" EASTCOUNTY OF LOS ANGELES, 75.70 FEET FROM STATE OF CALIFORNIA, AS PER MAP RECORDED IN AND 81 AND IN TO 51 INCLUSIVE OF MISCELLANEOUS RECORDS, IN THE MOST SOUTHERLY CORNER OFFICE OF THE COUNTY RECORDER OF SAID PARCEL 9, THENCE ALONG SAID SOUTHEASTERLY BOUNDARY, ALSO BEING THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 117 FEET WIDE, NORTH 60° 06' 22" EAST 82.29 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 25 FEET; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 39.27 FEET; THENCE NORTH 29° 53' 38" WEST, 40.75,FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 460 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 8.05 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 59° 06' 12" EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY LINE OF PARCEL 9 A DISTANCE OF 111.23 FEET; THENCE SOUTH 29° 53' 38" EAST 103.41 FEET TO THE POINT OF BEGINNINGCOUNTY. APN: 0000-000-000 and 0000-000-000, 007, 008, 009, 010
1. Each Developer shall pay the following fees and charges that are within the City’s jurisdiction and at the rate in effect at the time payments are made made:
(a) Upon submittal for Architectural Review Board (ARB) review, Developer shall pay City fees for processing of ARB applications;
(b) Upon submittal for plan check, Developer shall pay City plan check fees;
(c) Prior to issuance of construction permits, Developer shall pay the following City fees and all other standard fees imposed on similar development projects: Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Building & Safety) Shoring Tieback fee (collected by EPWM) Construction and Demolition (C&D) Waste Management fee (SMMC Chapter 8.108) (collected by EPWM) (collected by EPWM) Wastewater Capital Facilities Fee (SMMC Section 7.04.460) (collected by EPWM) Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM) Fireline Meter fee (SMMC Section 7.12.090) (collected by EPWM)
(d) Upon inspection of the Project during the course of construction, City inspection fees. These fees shall be reimbursed to Developer in accordance with respect the City’s standard practice should Developer not proceed with development of the Project.
2. Prior to issuance of permits for any construction work in the public right-of-way, or use of public property, Developer shall pay the following City fees: Use of Public Property Permit fees (SMMC 7.04.670) (EPWM) Utility Excavation Permit fee (SMMC 7.04.010) (EPWM) Street Permit fee (SMMC 7.04.790) (EPWM)
3. The Developer shall reimburse the City for its actual costs to monitor environmental mitigation measures. The City shall bill the developer for staff time and any material used pursuant to the Building being processed by such Developer:hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days.
4. Developer shall reimburse the City for its ongoing actual costs to monitor the project’s compliance with this Development Agreement. The City shall bill Developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days after receipt of an invoice for same from the City.
Appears in 1 contract
Samples: Development Agreement
Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. XXXXX 26TH STREETFSTAR 1601, LLCLLC 00000 Xxxxxxxx Xxxxxxxxx, a Delaware limited liability company Xxxxx 000 Xxx Xxxxxxx, XX 00000 By: Name: Title: By: Name: Xxxxxxx Xxxxxxxxxxx Title: CITY OF SANTA XXXXXX, a municipal corporation By: Name: _Xxxx Xxxx Title: City Manager ATTEST: By: Name: Xxxxxx Xxxxxxxx-Xxxxxx City Clerk APPROVED AS TO FORM: By: Name: Xxxxxx Xxxxx-Xxxxxxx City Attorney REAL PROPERTY IN THE CITY OF SANTA XXXXXXLots 1 to 7 inclusive of Tract No. 8949, COUNTY OF LOS ANGELESin the City of Santa Xxxxxx, STATE OF CALIFORNIACounty of Los Angeles, DESCRIBED AS FOLLOWSState of California, as per Map recorded in Book 169, Pages 46 and 47 of Maps, in the office of the county recorder of said county, together with Lots B to 10 inclusive of the Standard Tract, in said city, county and state, as per map recorded In Book 5, Page 83 of Maps, records of said county, also together with that portion of Lot 15 of said Standard Tract, described as a whole as follows: PARCEL 1: THAT PORTION OF THE RANCHO SAN XXXXXXX SANTA XXXXXXBeginning at the intersection of the southwesterly line of said Lot IS with a line parallel with and distant southeasterly 20.00 feet, IN THE CITY OF SANTA XXXXXXmeasured at right angles, COUNTY OF LOS ANGELESfrom a straight line extending northeasterly from the southeasterly terminus of that certain course shown on the map of said Standard Tract having a Length of 18. 5 feet in the southwesterly boundary line of said lot 15 and which passes through the southeasterly terminus of that certain course shown on the map of said Standard Tract as having a length of 10.4 feet in the northeasterly boundary line of said Lot 15; thence northeasterly along said parallel line to the southeasterly prolongation of the northeasterly line of said Lot 10; thence northwesterly along said prolongation and said last mentioned northeasterly line to the most northerly corner of said Lot 10; thence southwesterly along the northwesterly boundary line of said Tract No. 8949, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LAND, DISTANT THEREON NORTH 75° 32' 40" EAST, 232.38 FEET FROM THE NORTH WESTERLY CORNER THEREOF, SAID POINT ALSO BEING THE MOST EASTERLY CORNER OF LOT 5 OF TRACT NOto the most westerly corner of Lot 1 of said Tract No. 9774, AS PER MAP RECORDED IN BOOK 140 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER8949; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75° 32' 40" EAST 816.62 FEET; THENCE SOUTH 17° 14' 04" EAST 221.91 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY LINE OF OLYMPIC BOULEVARD, 110 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 PAGE 90 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID NORTHERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1945.00 FEET AND THE RADIAL LINE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 27° 26' 18" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE 281.29 FEET TO ITS POINT OF TANGENCY WITH A CURVE CONCAVE SOUTHEASTERLY, HAVING RADIUS OF 11,778.44 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, 613.92 FEET TO ITS POINT OF INTERSECTION WITH A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 892.00 FEET AND THE RADIAL LINE TO SAID LAST MENTIONED CURVE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 84° 10' 12" WEST; THENCE NORTHERLY ALONG SAID LAST MENTIONED CURVE, 336.15 FEET; THENCE NORTH 60° 49' 01" EAST, 5.67 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF SAID LAND INCLUDED WITHIN THE LAND DESCRIBED IN THE DEEDS TO CITY OF SANTA XXXXXX, RECORDED MAY 15, 1959 AS INSTRUMENT NO. 471 IN BOOK D-467 PAGE 892 AND RECORDED OCTOBER 14, 1977 AS INSTRUMENT NO. 00-0000000, BOTH OF OFFICIAL RECORDS. ALSO EXCEPT ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURFACE OR THE RIGHT TO USE SAID SURFACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INCthence southeasterly along the southwesterly line of said Lot to and along the southwesterly line of said Lot 15 to the point of beginning., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF THE RANCHO SAN XXXXXXX Y SANTA XXXXXX, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LAND, DISTANT THEREON NORTH 75° 32' 40" EAST 1049.00 FEET FROM THE MOST WESTERLY CORNER OF SAID LAND, SAID POINT ALSO BEING DISTANT NORTH 75° 32' 40" EAST, 816.62 FEET FROM THE MOST EASTERLY CORNER OF LOT 5 OF TRACT NO. 9774. AS PER MAP RECORDED IN BOOK 104 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75° 32' 40" EAST 298.38 FEET; THENCE SOUTH 20° 51' 48" EAST, 140.62 FEET TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 110 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 PAGE 90, OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 60° 06' 22" WEST 230.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1945.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 83.35 FEET TO A LINE THAT BEARS SOUTH 17° 14' 04" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 17° 14' 04" WEST 221.91 FEET TO POINT OF BEGINNING. EXCEPT THERE FROM ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURFACE OR THE RIGHT TO USE SAID SURFACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INC., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 3: A NON EXCLUSIVE EASEMENT FOR RAILROAD SPUR PURPOSES, OVER THE FOLLOWING DESCRIBED LAND: THAT PORTION OF PARCEL 3 OF LOS ANGELES COUNTY ASSESSOR'S MAP NO. 74, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 1 PAGES 38 AND 39 OF LOS ANGELES COUNTY ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE RIGHT, PRIVILEGE AND EASEMENT TO USE FOR RAILROAD SPUR PURPOSES A STRIP OF LAND OF A UNIFORM WIDTH OF 20.00 FEET LYING 10.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY OF PARCEL 2, AS SHOWN ON SAID ASSESSOR'S MAP NO. 74, DISTANT THEREON NORTH 45° 14' 35" EAST 15.00 FEET FROM THE MOST WESTERLY CORNER OF SAID PARCEL 2; THENCE PARALLEL WITH THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL 2, SOUTH 44° 54' 25" EAST 461.19 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 345.00 FEET, SAID CURVE BEING TANGENT AT ITS POINT OF ENDING TO A CURVE HAVING A RADIUS OF 11,788.44 FEET, CONCENTRIC AND DISTANT NORTHWESTERLY 10.00 FEET FROM THE CURVE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 3, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE EASTERLY, ALONG SAID CURVE, 400.15 FEET TO THE END THEREOF; THENCE, NORTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,788.44 FEET, AN ARC DISTANCE OF 164.00 FEET, MORE OR LESS, TO THE WESTERLY SIDE LINE OF 26TH STREET AS DESCRIBED AS PARCEL 2 IN DECREE OF CONDEMNATION ENTERED AS CASE NO. S. M. C. 6063 IN THE SUPERIOR COURT OF THE COUNTY OF LOS ANGELES. EXCEPT FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION LYING SOUTHWESTERLY OF A LINE PARALLEL AND/OR CONCENTRIC WITH AND 10.00 FEET NORTHEASTERLY MEASURED RADIALLY OR AT RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF PARCEL 2 OF SAID L. A. C. A. MAP NO. 74. PARCEL 4: PARCEL 8 OF LOS ANGELES COUNTY ASSESSOR MAP #74 IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 39 OF LOS ANGELES COUNTY ASSESSOR MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO THAT PORTION OF PARCEL 9 OF SAID LOS ANGELES COUNTY ASSESSOR MAP #74 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 9, THENCE NORTH 20° 51' 48" WEST ALONG THE WESTERLY LINE OF PARCEL 9 A DISTANCE OF 140.62 FEET TO THE NORTHERLY LINE OF SAID PARCEL; THENCE NORTH 75° 32' 40" EAST ALONG THE NORTHERLY LINE DISTANCE OF 166.00 FEET TO A POINT ON THE WESTERLY LINE OF XXXXXXX STREET POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 460.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, 20.91 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 59° 06' 12" EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY LINE OF PARCEL 9 A DISTANCE OF 111.23 FEET; THENCE SOUTH 29° 53' 38" EAST A DISTANCE OF 103.41 FEET TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 117 FEET WIDE, THENCE SOUTH 60 DEG 06' 22" WEST ALONG THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD 75.70 FEET TO THE POINT OF BEGINNING. PARCEL 5: THAT PORTION OF PARCEL 9 OF LOS ANGELES COUNTY ASSESSOR MAP #74, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 39 OF LOS ANGELES COUNTY ASSESSOR MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 9, DISTANT THEREON NORTH 60° 06' 22" EAST, 75.70 FEET FROM THE MOST SOUTHERLY CORNER OF SAID PARCEL 9, THENCE ALONG SAID SOUTHEASTERLY BOUNDARY, ALSO BEING THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 117 FEET WIDE, NORTH 60° 06' 22" EAST 82.29 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 25 FEET; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 39.27 FEET; THENCE NORTH 29° 53' 38" WEST, 40.75,FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 460 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 8.05 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 59° 06' 12" EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY LINE OF PARCEL 9 A DISTANCE OF 111.23 FEET; THENCE SOUTH 29° 53' 38" EAST 103.41 FEET TO THE POINT OF BEGINNING. APN: 0000-000-000 and 0000-000-000
1. Each Developer shall pay the following fees and charges that are within the City’s jurisdiction and at the rate in effect at the time payments are made made:
(a) Upon submittal for Architectural Review Board (ARB) review, Developer shall pay City fees for processing of ARB applications;
(b) Upon submittal for plan check, Developer shall pay City plan check fees;
(c) Prior to issuance of construction permits, Developer shall pay the following City fees and all other standard fees imposed on similar development projects: • Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Building & Safety) • Shoring Tieback fee (collected by EPWM) • Construction and Demolition (C&D) Waste Management fee (SMMC Chapter 8.108) (collected by EPWM) (collected by EPWM) • Wastewater Capital Facilities Fee (SMMC Section 7.04.460) (collected by EPWM) • Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM) • Fireline Meter fee (SMMC Section 7.12.090) (collected by EPWM)
(d) Upon inspection of the Project during the course of construction, City inspection fees. These fees shall be reimbursed to Developer in accordance with respect the City's standard practice should Developer not proceed with development of the Project.
2. Prior to issuance of permits for any construction work in the public right-of-way, or use of public property, Developer shall pay the following City fees: • Use of Public Property Permit fees (SMMC 7.04.670) (EPWM) • Utility Excavation Permit fee (SMMC 7.04.010) (EPWM) • Street Permit fee (SMMC 7.04.790) (EPWM)
3. The Developer shall reimburse the City for its actual costs to monitor environmental mitigation measures. The City shall bill the developer for staff time and any material used pursuant to the Building being processed by such Developer:hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days.
4. Developer shall reimburse the City for its ongoing actual costs to monitor the project’s compliance with this Development Agreement. The City shall bill Developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days after receipt of an invoice for same from the City.
Appears in 1 contract
Samples: Development Agreement
Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. XXXXX 26TH STREETLantana South Xxxxx Development, LLC, a Delaware limited liability company By: Name: Title: City of Santa Xxxxxx By: Name: DRAFT Title: CITY OF SANTA XXXXXXXxxxx Xxxxxxx, a municipal corporation By: Name: Title: ATTEST: By: Name: City Clerk APPROVED AS TO FORM: By: Name: Xxxxxx Xxxxx Moutrie, City Attorney REAL PROPERTY PARCELS 1, 2 AND 3 OF PARCEL MAP NO. 24589, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS PER MAP FILED IN BOOK 277 PAGES 62, 63 AND 64 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SAID LAND IS ALSO KNOWN AS FOLLOWS: ALL THAT CERTAIN PIECE OR PARCEL MAP OF LAND SITUATED IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION BEGINNING AT THE POINT OF INTERSECTION OF THE RANCHO SAN XXXXXXX SANTA XXXXXX, SOUTHEASTERLY LINE OF THE PARCEL OF LAND DESCRIBED IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK VOLUME 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER AT PAGE 142, RECORDS OF SAID COUNTY, INCLUDED WITHIN WITH THE FOLLOWING NORTHWESTERLY PROLONGATION OF THE SOUTHERLY LINE OF DORCHESTER AVENUE, 60 FEET WIDE, AS SHOWN ON MAP OF TRACT NO. 7993, RECORDED IN BOOK 98 PAGES 89 TO 91 OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE EASTERLY LINE OF THE PARCEL OF LAND DESCRIBED BOUNDARIES: BEGINNING IN THE INDENTURE DATED SEPTEMBER 19, 1941, RECORDED IN BOOK 18890 PAGE 141, OFFICIAL RECORDS, NORTH 13 DEGREES 55 MINUTES WEST 300 FEET TO A POINT IN A LINE THAT IS PARALLEL WITH AND DISTANT 50 FEET SOUTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY’S MAIN TRACT; THENCE NORTH 76 DEGREES 05 MINUTES EAST ALONG SAID PARALLEL LINE, 726 FEET; THENCE SOUTH 13 DEGREES 55 MINUTES EAST 300 FEET TO A POINT IN THE NORTHERLY SOUTHERLY LINE OF THE PARCEL OF LAND DESCRIBED IN SAID LAND, DISTANT THEREON NORTH 75° 32' 40" EAST, 232.38 FEET FROM THE NORTH WESTERLY CORNER THEREOF, SAID POINT ALSO BEING THE MOST EASTERLY CORNER OF LOT 5 OF TRACT NO. 9774, AS PER MAP RECORDED IN BOOK 140 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75° 32' 40" EAST 816.62 FEET; THENCE SOUTH 17° 14' 04" EAST 221.91 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY LINE OF OLYMPIC BOULEVARD, 110 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 VOLUME 955 OF DEEDS, AT PAGE 90 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID NORTHERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1945.00 FEET AND THE RADIAL LINE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 27° 26' 18" WEST142; THENCE SOUTHWESTERLY ALONG SAID CURVE 281.29 FEET TO ITS POINT OF TANGENCY WITH A CURVE CONCAVE SOUTHEASTERLYSOUTHERLY LINE, HAVING RADIUS OF 11,778.44 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, 613.92 FEET TO ITS POINT OF INTERSECTION WITH A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 892.00 FEET AND THE RADIAL LINE TO SAID LAST MENTIONED CURVE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 84° 10' 12" WEST; THENCE NORTHERLY ALONG SAID LAST MENTIONED CURVE, 336.15 FEET; THENCE NORTH 60° 49' 01" EAST, 5.67 SOUTH 76 DEGREES 05 MINUTES WEST 726 FEET TO THE POINT OF BEGINNING.
1 To be revised pursuant to Section 2.10 above upon recordation of the Parcel Map No. EXCEPT THAT PORTION OF SAID LAND INCLUDED WITHIN THE LAND DESCRIBED IN THE DEEDS TO CITY OF SANTA XXXXXX, RECORDED MAY 15, 1959 AS INSTRUMENT NO060876. 471 IN BOOK D-467 PAGE 892 AND RECORDED OCTOBER 14, 1977 AS INSTRUMENT NO. 00-0000000, BOTH OF OFFICIAL RECORDS. ALSO EXCEPT ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURFACE OR THE RIGHT TO USE SAID SURFACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INC., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF THE RANCHO SAN XXXXXXX Y SANTA XXXXXX, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LAND, DISTANT THEREON NORTH 75° 32' 40" EAST 1049.00 FEET FROM THE MOST WESTERLY CORNER OF SAID LAND, SAID POINT ALSO BEING DISTANT NORTH 75° 32' 40" EAST, 816.62 FEET FROM THE MOST EASTERLY CORNER OF LOT 5 OF TRACT NO. 9774. AS PER MAP RECORDED IN BOOK 104 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75° 32' 40" EAST 298.38 FEET; THENCE SOUTH 20° 51' 48" EAST, 140.62 FEET TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 110 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 PAGE 90, OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 60° 06' 22" WEST 230.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1945.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 83.35 FEET TO A LINE THAT BEARS SOUTH 17° 14' 04" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 17° 14' 04" WEST 221.91 FEET TO POINT OF BEGINNING. EXCEPT THERE FROM ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURFACE OR THE RIGHT TO USE SAID SURFACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INC., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 3: A NON EXCLUSIVE EASEMENT FOR RAILROAD SPUR PURPOSES, OVER THE FOLLOWING DESCRIBED LAND: THAT PORTION OF PARCEL 3 OF LOS ANGELES COUNTY ASSESSOR'S MAP NO. 74, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 1 PAGES 38 AND 39 OF LOS ANGELES COUNTY ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE RIGHT, PRIVILEGE AND EASEMENT TO USE FOR RAILROAD SPUR PURPOSES A STRIP OF LAND OF A UNIFORM WIDTH OF 20.00 FEET LYING 10.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY OF PARCEL 2, AS SHOWN ON SAID ASSESSOR'S MAP NO. 74, DISTANT THEREON NORTH 45° 14' 35" EAST 15.00 FEET FROM THE MOST WESTERLY CORNER OF SAID PARCEL 2; THENCE PARALLEL WITH THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL 2, SOUTH 44° 54' 25" EAST 461.19 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 345.00 FEET, SAID CURVE BEING TANGENT AT ITS POINT OF ENDING TO A CURVE HAVING A RADIUS OF 11,788.44 FEET, CONCENTRIC AND DISTANT NORTHWESTERLY 10.00 FEET FROM THE CURVE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 3, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE EASTERLY, ALONG SAID CURVE, 400.15 FEET TO THE END THEREOF; THENCE, NORTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,788.44 FEET, AN ARC DISTANCE OF 164.00 FEET, MORE OR LESS, TO THE WESTERLY SIDE LINE OF 26TH STREET AS DESCRIBED AS PARCEL 2 IN DECREE OF CONDEMNATION ENTERED AS CASE NO. S. M. C. 6063 IN THE SUPERIOR COURT OF THE COUNTY OF LOS ANGELES. EXCEPT FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION LYING SOUTHWESTERLY OF A LINE PARALLEL AND/OR CONCENTRIC WITH AND 10.00 FEET NORTHEASTERLY MEASURED RADIALLY OR AT RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF PARCEL 2 OF SAID L. A. C. A. MAP NO. 74. PARCEL 4: PARCEL 8 OF LOS ANGELES COUNTY ASSESSOR MAP #74 IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 39 OF LOS ANGELES COUNTY ASSESSOR MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO THAT PORTION OF PARCEL 9 OF SAID LOS ANGELES COUNTY ASSESSOR MAP #74 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 9, THENCE NORTH 20° 51' 48" WEST ALONG THE WESTERLY LINE OF PARCEL 9 A DISTANCE OF 140.62 FEET TO THE NORTHERLY LINE OF SAID PARCEL; THENCE NORTH 75° 32' 40" EAST ALONG THE NORTHERLY LINE DISTANCE OF 166.00 FEET TO A POINT ON THE WESTERLY LINE OF XXXXXXX STREET POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 460.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, 20.91 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 59° 06' 12" EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY LINE OF PARCEL 9 A DISTANCE OF 111.23 FEET; THENCE SOUTH 29° 53' 38" EAST A DISTANCE OF 103.41 FEET TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 117 FEET WIDE, THENCE SOUTH 60 DEG 06' 22" WEST ALONG THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD 75.70 FEET TO THE POINT OF BEGINNING. PARCEL 5: THAT PORTION OF PARCEL 9 OF LOS ANGELES COUNTY ASSESSOR MAP #74, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 39 OF LOS ANGELES COUNTY ASSESSOR MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 9, DISTANT THEREON NORTH 60° 06' 22" EAST, 75.70 FEET FROM THE MOST SOUTHERLY CORNER OF SAID PARCEL 9, THENCE ALONG SAID SOUTHEASTERLY BOUNDARY, ALSO BEING THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 117 FEET WIDE, NORTH 60° 06' 22" EAST 82.29 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 25 FEET; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 39.27 FEET; THENCE NORTH 29° 53' 38" WEST, 40.75,FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 460 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 8.05 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 59° 06' 12" EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY LINE OF PARCEL 9 A DISTANCE OF 111.23 FEET; THENCE SOUTH 29° 53' 38" EAST 103.41 FEET TO THE POINT OF BEGINNING. APN: 0000-000-000 and 0000-000-000
1. Each Developer shall pay the following fees and charges that are within the City’s jurisdiction and at the rate in effect at the time payments applications are made with respect made:
1. Upon submittal for Architectural Review Board (ARB) review, Developer shall pay City fees for processing of ARB applications;
2. Upon submittal for plan check, Developer shall pay City plan check fees;
3. Prior to issuance of construction permits, Developer shall pay the following City fees: • Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Building & Safety) • Shoring Tieback fee (collected by EPWM) • Construction and Demolition (C&D) Waste Management fee (SMMC Section 7.60.020) (collected by EPWM) (collected by EPWM) • Wastewater Capitol Facilities Fee (SMMC Section 7.04.460) (collected by EPWM) • Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM) • Fireline Meter fee (SMMC Section 7.12.090) (collected by EPWM)
4. Prior to issuance of permits for any construction work in the public right-of- way, or use of public property, Developer shall pay the following City fees: • Use of Public Property Permit fees (SMMC 7.04.670) (EPWM) • Utility Excavation Permit fee (SMMC 7.04.010) (EPWM) • Street Permit fee (SMMC 7.04.790) (EPWM)
5. The Developer shall reimburse the City for its actual costs to monitor environmental mitigation measures. The City shall xxxx the developer for staff time and any material used pursuant to the Building being processed by such Developer:hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days; and
6. The Developer shall reimburse the City for its ongoing actual costs to monitor the project’s compliance with the Development Agreement. The City shall xxxx the developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days.
Appears in 1 contract
Samples: Development Agreement
Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. {signatures on next page} This Agreement is executed by the Parties on the date first set forth above below and is made effective on and as of the Effective Date. XXXXX 26TH STREETDATED: , 2013 VILLAGE TRAILER PARK, LLC, a Delaware California limited liability company a Tenant in Common as to a 50% interest By: Name: Title: VILLAGE TRAILER PARK, a California corporation a Tenant in Common as to a 50% interest By: Name: Title: CITY OF SANTA XXXXXX, a municipal corporation By: Name: Title: ATTEST: By: Name: City Clerk APPROVED AS TO FORM: By: Name: City Attorney REAL PROPERTY IN THE CITY OF SANTA XXXXXXAll that certain real property situated in the County of Los Angeles, COUNTY OF LOS ANGELESState of California, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWSdescribed as follows: PARCEL 1: THE SOUTHEASTERLY HALF OF THAT PORTION OF THE RANCHO SAN XXXXXXX SANTA XXXXXX, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LAND, DISTANT THEREON NORTH 75° 32' 40" EAST, 232.38 FEET FROM THE NORTH WESTERLY CORNER THEREOF, SAID POINT ALSO BEING THE MOST EASTERLY CORNER OF LOT 5 IN BLOCK 200 OF TRACT NO. 9774, AS PER MAP RECORDED IN BOOK 140 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75° 32' 40" EAST 816.62 FEET; THENCE SOUTH 17° 14' 04" EAST 221.91 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY LINE OF OLYMPIC BOULEVARD, 110 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 PAGE 90 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID NORTHERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1945.00 FEET AND THE RADIAL LINE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 27° 26' 18" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE 281.29 FEET TO ITS POINT OF TANGENCY WITH A CURVE CONCAVE SOUTHEASTERLY, HAVING RADIUS OF 11,778.44 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, 613.92 FEET TO ITS POINT OF INTERSECTION WITH A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 892.00 FEET AND THE RADIAL LINE TO SAID LAST MENTIONED CURVE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 84° 10' 12" WEST; THENCE NORTHERLY ALONG SAID LAST MENTIONED CURVE, 336.15 FEET; THENCE NORTH 60° 49' 01" EAST, 5.67 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF SAID LAND INCLUDED WITHIN THE LAND DESCRIBED IN THE DEEDS TO CITY OF SANTA XXXXXX, RECORDED MAY 15, 1959 AS INSTRUMENT NO. 471 IN BOOK D-467 PAGE 892 AND RECORDED OCTOBER 14, 1977 AS INSTRUMENT NO. 00-0000000, BOTH OF OFFICIAL RECORDS. ALSO EXCEPT ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURFACE OR THE RIGHT TO USE SAID SURFACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INC., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF THE RANCHO SAN XXXXXXX Y SANTA XXXXXX, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LAND, DISTANT THEREON NORTH 75° 32' 40" EAST 1049.00 FEET FROM THE MOST WESTERLY CORNER OF SAID LAND, SAID POINT ALSO BEING DISTANT NORTH 75° 32' 40" EAST, 816.62 FEET FROM THE MOST EASTERLY CORNER OF LOT 5 OF TRACT NO. 9774. AS PER MAP RECORDED IN BOOK 104 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75° 32' 40" EAST 298.38 FEET; THENCE SOUTH 20° 51' 48" EAST, 140.62 FEET TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 110 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 PAGE 90, OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 60° 06' 22" WEST 230.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1945.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 83.35 FEET TO A LINE THAT BEARS SOUTH 17° 14' 04" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 17° 14' 04" WEST 221.91 FEET TO POINT OF BEGINNING. EXCEPT THERE FROM ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURFACE OR THE RIGHT TO USE SAID SURFACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INC., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 3: A NON EXCLUSIVE EASEMENT FOR RAILROAD SPUR PURPOSES, OVER THE FOLLOWING DESCRIBED LAND: THAT PORTION OF PARCEL 3 OF LOS ANGELES COUNTY ASSESSOR'S MAP NO. 74, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 1 PAGES 38 AND 39 OF LOS ANGELES COUNTY ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE RIGHT, PRIVILEGE AND EASEMENT TO USE FOR RAILROAD SPUR PURPOSES A STRIP OF LAND OF A UNIFORM WIDTH OF 20.00 FEET LYING 10.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY OF PARCEL 2, AS SHOWN ON SAID ASSESSOR'S MAP NO. 74, DISTANT THEREON NORTH 45° 14' 35" EAST 15.00 FEET FROM THE MOST WESTERLY CORNER OF SAID PARCEL 2; THENCE PARALLEL WITH THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL 2, SOUTH 44° 54' 25" EAST 461.19 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 345.00 FEET, SAID CURVE BEING TANGENT AT ITS POINT OF ENDING TO A CURVE HAVING A RADIUS OF 11,788.44 FEET, CONCENTRIC AND DISTANT NORTHWESTERLY 10.00 FEET FROM THE CURVE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 3, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE EASTERLY, ALONG SAID CURVE, 400.15 FEET TO THE END THEREOF; THENCE, NORTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,788.44 FEET, AN ARC DISTANCE OF 164.00 FEET, MORE OR LESS, TO THE WESTERLY SIDE LINE OF 26TH STREET AS DESCRIBED AS PARCEL 2 IN DECREE OF CONDEMNATION ENTERED AS CASE NO. S. M. C. 6063 IN THE SUPERIOR COURT OF THE COUNTY OF LOS ANGELES. EXCEPT FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION LYING SOUTHWESTERLY OF A LINE PARALLEL AND/OR CONCENTRIC WITH AND 10.00 FEET NORTHEASTERLY MEASURED RADIALLY OR AT RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF PARCEL 2 OF SAID L. A. C. A. MAP NO. 74. PARCEL 4: PARCEL 8 OF LOS ANGELES COUNTY ASSESSOR MAP #74 IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 39 PAGES 45 ET SEQ., OF LOS ANGELES COUNTY ASSESSOR MAPSMISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO THAT PORTION OF PARCEL 9 OF SAID LOS ANGELES COUNTY ASSESSOR MAP #74 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY NORTHERLY CORNER OF SAID PARCEL 9, LOT 5; THENCE NORTH 20° 51' 48" WEST SOUTHEASTERLY ALONG THE WESTERLY NORTHEASTERLY LINE OF PARCEL 9 SAID LOT, A DISTANCE OF 140.62 200 FEET TO THE NORTHERLY TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY PARALLEL WITH THE NORTHWESTERLY LINE OF SAID PARCEL; THENCE NORTH 75° 32' 40" EAST ALONG THE NORTHERLY LINE LOT, A DISTANCE OF 166.00 FEET TO A POINT ON THE WESTERLY LINE OF XXXXXXX STREET POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 460.00 137.50 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, 20.91 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 59° 06' 12" EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY SAID NORTHEASTERLY LINE OF PARCEL 9 THEREOF, A DISTANCE OF 111.23 355 FEET; THENCE SOUTH 29° 53' 38" EAST A DISTANCE OF 103.41 FEET , MORE OR LESS, TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARDTHE SOUTHEASTERLY 85 FEET OF SAID LOT; THENCE NORTHEASTERLY ALONG SAID LAST MENTIONED NORTHWESTERLY LINE, 117 FEET WIDEA DISTANCE OF 137.50 FEET, THENCE SOUTH 60 DEG 06' 22" WEST ALONG MORE OR LESS, TO THE NORTHWESTERLY SAID NORTHEASTERLY LINE OF OLYMPIC BOULEVARD 75.70 FEET SAID LOT; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY LINE, A DISTANCE OF 355 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTHEASTERLY 25 FEET THEREOF, AS DESCRIBED IN THE DEED TO THE CITY OF SANTA XXXXXX, A MUNICIPAL CORPORATION, RECORDED AUGUST 11, 1955 AS INSTRUMENT NO. 414, OFFICIAL RECORDS. PARCEL 2: THOSE PORTIONS OF LOTS 4 AND 5: THAT PORTION OF PARCEL 9 OF LOS ANGELES COUNTY ASSESSOR MAP #74, IN BLOCK 200, OF THE CITY TOWN OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 39 PAGES 45 ET SEQ., OF LOS ANGELES COUNTY ASSESSOR MAPSMISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 120.00 FEET OF SAID LOT 4 WITH THE NORTHWESTERLY LINE OF SAID LOT 4; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE 110.40 FEET; THENCE SOUTHEASTERLY, AT RIGHT ANGLES TO SAID NORTHWESTERLY LINE, 120.00 FEET; THENCE NORTHEASTERLY, PARALLEL WITH SAID NORTHWESTERLY LINE, 79.88 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY 519.85 FEET, MORE OR LESS, IN A DIRECT LINE TO A POINT ON IN THE SOUTHEASTERLY BOUNDARY LINE OF SAID PARCEL 9, LOT 4 DISTANT THEREON NORTH 60° 06' 22" EAST, 75.70 SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE 28.77 FEET FROM THE MOST SOUTHERLY EASTERLY CORNER OF SAID PARCEL 9LOT 4; THENCE NORTHEASTERLY, THENCE ALONG THE SOUTHEASTERLY LINES OF SAID SOUTHEASTERLY BOUNDARYLOTS 4 AND 5, ALSO BEING A DISTANCE OF 232.46 FEET, MORE OR LESS, TO THE NORTHWESTERLY SOUTHWESTERLY LINE OF OLYMPIC BOULEVARD, 117 THE NORTHEASTERLY 137.50 FEET WIDE, NORTH 60° 06' 22" EAST 82.29 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 25 FEET; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 39.27 FEET; THENCE NORTH 29° 53' 38" WEST, 40.75,FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 460 FEETLOT 5; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 8.05 FEET SOUTHWESTERLY LINE 640.00 FEET, MORE OR LESS, TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 59° 06' 12" EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY NORTHWESTERLY LINE OF PARCEL 9 SAID LOT 5; THENCE SOUTHWESTERLY, ALONG THE NORTHWESTERLY LINES OF SAID LOTS 4 AND 5; A DISTANCE OF 111.23 232.32 FEET, MORE OR LESS, TO A LINE THAT IS DRAWN AT RIGHT ANGLES TO THE NORTHWESTERLY LINE OF SAID LOT 4 AND THAT PASSES THROUGH THE TRUE POINT OF BEGINNING; THENCE SOUTH 29° 53' 38" EAST 103.41 SOUTHEASTERLY ALONG SAID LINE SO DRAWN, 120.00 FEET TO THE TRUE POINT OF BEGINNING. APN: 0000-000-000 and 0000-000-000.
1. Each Developer shall pay the following fees and charges that are within the City’s jurisdiction and at the rate in effect at the time payments are made with respect made:
(a) Upon submittal for Architectural Review Board (ARB) review, Developer shall pay City fees for processing of ARB applications;
(b) Upon submittal for plan check, Developer shall pay City plan check fees;
(c) Prior to issuance of construction permits, Developer shall pay the following City fees and all other standard fees imposed on similar development projects: Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Building & Safety) Shoring Tieback fee (collected by EPWM) Park and Recreation Facilities Tax (SMMC Section 6.80). WAIVED. Construction and Demolition (C&D) Waste Management fee (SMMC Section 7.60.020) (collected by EPWM) (collected by EPWM) Wastewater Capital Facilities Fee (SMMC Section 7 04.460) (collected by EPWM) Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM) Fireline Meter fee (SMMC Section 7.12.090) (collected by EPWM) Childcare Linkage Fee (SMMC Section 9.72.040). Developer shall execute a contract to pay the fee prior to issuance of a building permit; provided that Developer shall not be obligated to pay the Childcare Linkage Fee to the Building being processed City, rather, the payment by such Developer of the contribution in Section 2.6.2f) of this Agreement shall constitute the Developer:’s full satisfaction of this fee payment obligation.
Appears in 1 contract
Samples: Development Agreement
Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. XXXXX 26TH STREETSEVENTHANDARIZONA, LLC, LLC a Delaware limited liability company By: Name: Xxxxxxx Xxxxxxxxxxx Title: By: Name: Title: Manager CITY OF SANTA XXXXXX, a municipal corporation Municipal Corporation By: Name: Title: Xxx Xxxxx City Manager ATTEST: By: Name: XXXXX X. XXXXXXX City Clerk APPROVED AS TO FORM: By: Name: XXXXXX XXXXX XXXXXXX City Attorney REAL PROPERTY PARCEL 1: LOT “U” IN THE CITY BLOCK 142 OF TOWN OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF THE RANCHO SAN XXXXXXX SANTA XXXXXX, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LAND, DISTANT THEREON NORTH 75° 32' 40" EAST, 232.38 FEET FROM THE NORTH WESTERLY CORNER THEREOF, SAID POINT ALSO BEING THE MOST EASTERLY CORNER OF LOT 5 OF TRACT NO. 9774, AS PER MAP RECORDED IN BOOK 140 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75° 32' 40" EAST 816.62 FEET; THENCE SOUTH 17° 14' 04" EAST 221.91 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY LINE OF OLYMPIC BOULEVARD, 110 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 PAGE 90 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID NORTHERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1945.00 FEET AND THE RADIAL LINE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 27° 26' 18" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE 281.29 FEET TO ITS POINT OF TANGENCY WITH A CURVE CONCAVE SOUTHEASTERLY, HAVING RADIUS OF 11,778.44 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, 613.92 FEET TO ITS POINT OF INTERSECTION WITH A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 892.00 FEET AND THE RADIAL LINE TO SAID LAST MENTIONED CURVE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 84° 10' 12" WEST; THENCE NORTHERLY ALONG SAID LAST MENTIONED CURVE, 336.15 FEET; THENCE NORTH 60° 49' 01" EAST, 5.67 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF SAID LAND INCLUDED WITHIN THE LAND DESCRIBED IN THE DEEDS TO CITY OF SANTA XXXXXX, RECORDED MAY 15, 1959 AS INSTRUMENT NO. 471 IN BOOK D-467 PAGE 892 AND RECORDED OCTOBER 14, 1977 AS INSTRUMENT NO. 00-0000000, BOTH OF OFFICIAL RECORDS. ALSO EXCEPT ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURFACE OR THE RIGHT TO USE SAID SURFACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INC., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF THE RANCHO SAN XXXXXXX Y SANTA XXXXXX, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LAND, DISTANT THEREON NORTH 75° 32' 40" EAST 1049.00 FEET FROM THE MOST WESTERLY CORNER OF SAID LAND, SAID POINT ALSO BEING DISTANT NORTH 75° 32' 40" EAST, 816.62 FEET FROM THE MOST EASTERLY CORNER OF LOT 5 OF TRACT NO. 9774. AS PER MAP RECORDED IN BOOK 104 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75° 32' 40" EAST 298.38 FEET; THENCE SOUTH 20° 51' 48" EAST, 140.62 FEET TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 110 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 PAGE 90, OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 60° 06' 22" WEST 230.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1945.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 83.35 FEET TO A LINE THAT BEARS SOUTH 17° 14' 04" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 17° 14' 04" WEST 221.91 FEET TO POINT OF BEGINNING. EXCEPT THERE FROM ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURFACE OR THE RIGHT TO USE SAID SURFACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INC., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 3: A NON EXCLUSIVE EASEMENT FOR RAILROAD SPUR PURPOSES, OVER THE FOLLOWING DESCRIBED LAND: THAT PORTION OF PARCEL 3 OF LOS ANGELES COUNTY ASSESSOR'S MAP NO. 74, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 1 PAGES 38 AND 39 OF LOS ANGELES COUNTY ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE RIGHT, PRIVILEGE AND EASEMENT TO USE FOR RAILROAD SPUR PURPOSES A STRIP OF LAND OF A UNIFORM WIDTH OF 20.00 FEET LYING 10.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY OF PARCEL 2, AS SHOWN ON SAID ASSESSOR'S MAP NO. 74, DISTANT THEREON NORTH 45° 14' 35" EAST 15.00 FEET FROM THE MOST WESTERLY CORNER OF SAID PARCEL 2; THENCE PARALLEL WITH THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL 2, SOUTH 44° 54' 25" EAST 461.19 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 345.00 FEET, SAID CURVE BEING TANGENT AT ITS POINT OF ENDING TO A CURVE HAVING A RADIUS OF 11,788.44 FEET, CONCENTRIC AND DISTANT NORTHWESTERLY 10.00 FEET FROM THE CURVE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 3, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE EASTERLY, ALONG SAID CURVE, 400.15 FEET TO THE END THEREOF; THENCE, NORTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,788.44 FEET, AN ARC DISTANCE OF 164.00 FEET, MORE OR LESS, TO THE WESTERLY SIDE LINE OF 26TH STREET AS DESCRIBED AS PARCEL 2 IN DECREE OF CONDEMNATION ENTERED AS CASE NO. S. M. C. 6063 IN THE SUPERIOR COURT OF THE COUNTY OF LOS ANGELES. EXCEPT FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION LYING SOUTHWESTERLY OF A LINE PARALLEL AND/OR CONCENTRIC WITH AND 10.00 FEET NORTHEASTERLY MEASURED RADIALLY OR AT RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF PARCEL 2 OF SAID L. A. C. A. MAP NO. 74. PARCEL 4: PARCEL 8 OF LOS ANGELES COUNTY ASSESSOR MAP #74 IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 39 OF LOS ANGELES COUNTY ASSESSOR MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO THAT PORTION OF PARCEL 9 OF SAID LOS ANGELES COUNTY ASSESSOR MAP #74 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 9, THENCE NORTH 20° 51' 48" WEST ALONG THE WESTERLY LINE OF PARCEL 9 A DISTANCE OF 140.62 FEET TO THE NORTHERLY LINE OF SAID PARCEL; THENCE NORTH 75° 32' 40" EAST ALONG THE NORTHERLY LINE DISTANCE OF 166.00 FEET TO A POINT ON THE WESTERLY LINE OF XXXXXXX STREET POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 460.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, 20.91 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 59° 06' 12" EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY LINE OF PARCEL 9 A DISTANCE OF 111.23 FEET; THENCE SOUTH 29° 53' 38" EAST A DISTANCE OF 103.41 FEET TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 117 FEET WIDE, THENCE SOUTH 60 DEG 06' 22" WEST ALONG THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD 75.70 FEET TO THE POINT OF BEGINNING. PARCEL 5: THAT PORTION OF PARCEL 9 OF LOS ANGELES COUNTY ASSESSOR MAP #74, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 3 PAGES 80 AND 81 AND IN BOOK 39 PAGE 39 45 ET SEQ., OF LOS ANGELES COUNTY ASSESSOR MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: LOT "V" IN BLOCK 142 OF TOWN OF SANTA XXXXXX, DESCRIBED IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS FOLLOWS: BEGINNING AT A POINT ON PER MAP RECORDED IN BOOK 3 PAGES 80 AND 81 AND IN BOOK 39 PAGE 45 ET SEQ., OF MAPS, IN THE SOUTHEASTERLY BOUNDARY OFFICE OF THE COUNTY RECORDER OF SAID PARCEL 9, DISTANT THEREON NORTH 60° 06' 22" EAST, 75.70 FEET FROM THE MOST SOUTHERLY CORNER OF SAID PARCEL 9, THENCE ALONG SAID SOUTHEASTERLY BOUNDARY, ALSO BEING THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 117 FEET WIDE, NORTH 60° 06' 22" EAST 82.29 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 25 FEET; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 39.27 FEET; THENCE NORTH 29° 53' 38" WEST, 40.75,FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 460 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 8.05 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 59° 06' 12" EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY LINE OF PARCEL 9 A DISTANCE OF 111.23 FEET; THENCE SOUTH 29° 53' 38" EAST 103.41 FEET TO THE POINT OF BEGINNING. APN: 0000-000-000 and 0000-000-000COUNTY.
1. Each Developer shall pay the following fees and charges that are within the City’s jurisdiction and at the rate in effect at the time payments are made with respect made:
(a) Upon submittal for Architectural Review Board (ARB) review, Developer shall pay City fees for processing of ARB applications;
(b) Upon submittal for plan check, Developer shall pay City plan check fees;
(c) Prior to issuance of construction permits, Developer shall pay the following City fees and all other standard fees imposed on similar development projects: Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Building & Safety) Shoring Tieback fee (collected by EPWM) Park and Recreation Facilities Tax (SMMC Section 6.80). Developer shall pay a fee of $200.00 per residential unit, due and payable at the time of issuance of a building permit for the construction or placement of residential units on the subject lot. Construction and Demolition (C&D) Waste Management fee (SMMC Section 7.60.020) (collected by EPWM) (collected by EPWM) Wastewater Capital Facilities Fee (SMMC Section 7.04.460) (collected by EPWM) Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM) Fireline Meter fee (SMMC Section 7.12.090) (collected by EPWM) Childcare Linkage Fee (SMMC Section 9.72.040). Developer shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the fee prior to the Building being processed by such Developer:issuance of a final certificate of occupancy for the Project. Cultural Arts Fee (SMMC Section 9.04.10.20). Developer shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the fee prior to the issuance of a final certificate of occupancy for the Project.
(d) Upon inspection of the Project during the course of construction, City inspection fees. These fees shall be reimbursed to developer in accordance with the City’s standard practice should Developer not proceed with development of the Project.
2. Prior to issuance of permits for any construction work in the public right-of- way, or use of public property, Developer shall pay the following City fees: Use of Public Property Permit fees (SMMC 7.04.670) (EPWM) Utility Excavation Permit fee (SMMC 7.04.010) (EPWM) Street Permit fee (SMMC 7.04.790) (EPWM)
3. Developer shall reimburse the City for its ongoing actual costs to monitor the project’s compliance with this Development Agreement. The City shall bill Developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days.
Appears in 1 contract
Samples: Development Agreement
Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. XXXXX 26TH STREETPALMETTO HOSPITALITY OF SANTA XXXXXX XX, LLC, a Delaware California limited liability company By: DRAFT Name: Title: 501 COLORADO INVESTORS LLC, a California limited liability company By: Name: Title: CITY OF SANTA XXXXXX, a municipal corporation By: DRAFT Name: Title: ATTEST: By: DRAFT Name: City Clerk APPROVED AS TO FORM: By: DRAFT Name: City Attorney REAL PROPERTY IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION LOT "M: AND THE SOUTHEASTERLY 10 FEET OF THE RANCHO SAN XXXXXXX SANTA XXXXXX, LOT "N" IN THE CITY BLOCK 194 OF TOWN OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LAND, DISTANT THEREON NORTH 75° 32' 40" EAST, 232.38 FEET FROM THE NORTH WESTERLY CORNER THEREOF, SAID POINT ALSO BEING THE MOST EASTERLY CORNER OF LOT 5 OF TRACT NO. 9774, AS PER MAP RECORDED IN BOOK 140 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75° 32' 40" EAST 816.62 FEET; THENCE SOUTH 17° 14' 04" EAST 221.91 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY LINE OF OLYMPIC BOULEVARD, 110 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 PAGE 90 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID NORTHERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1945.00 FEET AND THE RADIAL LINE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 27° 26' 18" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE 281.29 FEET TO ITS POINT OF TANGENCY WITH A CURVE CONCAVE SOUTHEASTERLY, HAVING RADIUS OF 11,778.44 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, 613.92 FEET TO ITS POINT OF INTERSECTION WITH A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 892.00 FEET AND THE RADIAL LINE TO SAID LAST MENTIONED CURVE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 84° 10' 12" WEST; THENCE NORTHERLY ALONG SAID LAST MENTIONED CURVE, 336.15 FEET; THENCE NORTH 60° 49' 01" EAST, 5.67 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF SAID LAND INCLUDED WITHIN THE LAND DESCRIBED IN THE DEEDS TO CITY OF SANTA XXXXXX, RECORDED MAY 15, 1959 AS INSTRUMENT NO. 471 IN BOOK D-467 PAGE 892 AND RECORDED OCTOBER 14, 1977 AS INSTRUMENT NO. 00-0000000, BOTH OF OFFICIAL RECORDS. ALSO EXCEPT ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURFACE OR THE RIGHT TO USE SAID SURFACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INC., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF THE RANCHO SAN XXXXXXX Y SANTA XXXXXX, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LAND, DISTANT THEREON NORTH 75° 32' 40" EAST 1049.00 FEET FROM THE MOST WESTERLY CORNER OF SAID LAND, SAID POINT ALSO BEING DISTANT NORTH 75° 32' 40" EAST, 816.62 FEET FROM THE MOST EASTERLY CORNER OF LOT 5 OF TRACT NO. 9774. AS PER MAP RECORDED IN BOOK 104 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75° 32' 40" EAST 298.38 FEET; THENCE SOUTH 20° 51' 48" EAST, 140.62 FEET TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 110 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 PAGE 90, OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 60° 06' 22" WEST 230.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1945.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 83.35 FEET TO A LINE THAT BEARS SOUTH 17° 14' 04" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 17° 14' 04" WEST 221.91 FEET TO POINT OF BEGINNING. EXCEPT THERE FROM ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURFACE OR THE RIGHT TO USE SAID SURFACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INC., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 3: A NON EXCLUSIVE EASEMENT FOR RAILROAD SPUR PURPOSES, OVER THE FOLLOWING DESCRIBED LAND: THAT PORTION OF PARCEL 3 OF LOS ANGELES COUNTY ASSESSOR'S MAP NO. 74, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 1 PAGES 38 AND 39 OF LOS ANGELES COUNTY ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE RIGHT, PRIVILEGE AND EASEMENT TO USE FOR RAILROAD SPUR PURPOSES A STRIP OF LAND OF A UNIFORM WIDTH OF 20.00 FEET LYING 10.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY OF PARCEL 2, AS SHOWN ON SAID ASSESSOR'S MAP NO. 74, DISTANT THEREON NORTH 45° 14' 35" EAST 15.00 FEET FROM THE MOST WESTERLY CORNER OF SAID PARCEL 2; THENCE PARALLEL WITH THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL 2, SOUTH 44° 54' 25" EAST 461.19 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 345.00 FEET, SAID CURVE BEING TANGENT AT ITS POINT OF ENDING TO A CURVE HAVING A RADIUS OF 11,788.44 FEET, CONCENTRIC AND DISTANT NORTHWESTERLY 10.00 FEET FROM THE CURVE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 3, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE EASTERLY, ALONG SAID CURVE, 400.15 FEET TO THE END THEREOF; THENCE, NORTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,788.44 FEET, AN ARC DISTANCE OF 164.00 FEET, MORE OR LESS, TO THE WESTERLY SIDE LINE OF 26TH STREET AS DESCRIBED AS PARCEL 2 IN DECREE OF CONDEMNATION ENTERED AS CASE NO. S. M. C. 6063 IN THE SUPERIOR COURT OF THE COUNTY OF LOS ANGELES. EXCEPT FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION LYING SOUTHWESTERLY OF A LINE PARALLEL AND/OR CONCENTRIC WITH AND 10.00 FEET NORTHEASTERLY MEASURED RADIALLY OR AT RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF PARCEL 2 OF SAID L. A. C. A. MAP NO. 74. PARCEL 4: PARCEL 8 OF LOS ANGELES COUNTY ASSESSOR MAP #74 IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 39 OF LOS ANGELES COUNTY ASSESSOR MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO THAT PORTION OF PARCEL 9 OF SAID LOS ANGELES COUNTY ASSESSOR MAP #74 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 9, THENCE NORTH 20° 51' 48" WEST ALONG THE WESTERLY LINE OF PARCEL 9 A DISTANCE OF 140.62 FEET TO THE NORTHERLY LINE OF SAID PARCEL; THENCE NORTH 75° 32' 40" EAST ALONG THE NORTHERLY LINE DISTANCE OF 166.00 FEET TO A POINT ON THE WESTERLY LINE OF XXXXXXX STREET POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 460.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, 20.91 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 59° 06' 12" EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY LINE OF PARCEL 9 A DISTANCE OF 111.23 FEET; THENCE SOUTH 29° 53' 38" EAST A DISTANCE OF 103.41 FEET TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 117 FEET WIDE, THENCE SOUTH 60 DEG 06' 22" WEST ALONG THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD 75.70 FEET TO THE POINT OF BEGINNING. PARCEL 5: THAT PORTION OF PARCEL 9 OF LOS ANGELES COUNTY ASSESSOR MAP #74, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 39 3, PAGES 80 AND 81, AND IN BOOK 39, PAGES 45 ET. SEQ., OF LOS ANGELES COUNTY ASSESSOR MAPSMISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THE NORTHWESTERLY 40 FEET OF LOT "N" IN BLOCK 194 OF TOWN OF SANTA XXXXXX, DESCRIBED IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS FOLLOWS: BEGINNING AT A POINT ON PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 AND IN BOOK 39, PAGES 45 ET. SEQ., OF MISCELLANEOUS RECORDS, IN THE SOUTHEASTERLY BOUNDARY OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 93: LOT "O" IN BLOCK 194 OF TOWN OF SANTA XXXXXX, DISTANT THEREON NORTH 60° 06' 22" EASTIN THE CITY OF SANTA XXXXXX, 75.70 FEET FROM COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81, AND IN BOOK 39, PAGES 45 ET. SEQ., OF MISCELLANEOUS RECORDS, IN THE MOST SOUTHERLY CORNER OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ASSESSOR'S PARCEL 9, THENCE ALONG SAID SOUTHEASTERLY BOUNDARY, ALSO BEING THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 117 FEET WIDE, NORTH 60° 06' 22" EAST 82.29 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 25 FEET; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 39.27 FEET; THENCE NORTH 29° 53' 38" WEST, 40.75,FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 460 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 8.05 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 59° 06' 12" EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY LINE OF PARCEL 9 A DISTANCE OF 111.23 FEET; THENCE SOUTH 29° 53' 38" EAST 103.41 FEET TO THE POINT OF BEGINNING. APNNUMBER: 0000-000-000 and 0000-000-000
1. Each Developer shall pay the following fees and charges that are within the City’s City‟s jurisdiction and at the rate in effect at the time payments are made with respect made:
(a) Upon submittal for Architectural Review Board (ARB) review, Developer shall pay City fees for processing of ARB applications;
(b) Upon submittal for plan check, Developer shall pay City plan check fees;
(c) Prior to issuance of construction permits, Developer shall pay the following City fees and all other standard fees imposed on similar development projects: Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Building & Safety) Shoring Tieback fee (collected by EPWM) Park and Recreation Facilities Tax (SMMC Section 6.80). Developer shall pay a fee of $200.00 per residential unit, due and payable at the time of issuance of a building permit for the construction or placement of residential units on the subject property. Construction and Demolition (C&D) Waste Management fee (SMMC Section 7.60.020) (collected by EPWM) (collected by EPWM) Wastewater Capital Facilities Fee (SMMC Section 7.04.460) (collected by EPWM) Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM) Fireline Meter fee (SMMC Section 7.12.090) (collected by EPWM) Childcare Linkage Fee (SMMC Section 9.72.040). Developer shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the fee prior to the Building being processed by such Developer:issuance of a final certificate of occupancy for the Project. Cultural Arts Fee (SMMC Section 9.04.10.20). Developer shall execute a contract to pay the fee prior to issuance of a building permit. Developer shall pay the fee prior to the issuance of a final certificate of occupancy for the Project.
(d) Upon inspection of the Project during the course of construction, City inspection fees. These fees shall be reimbursed to Developer in accordance with the City's standard practice should Developer not proceed with development of the Project.
2. Prior to issuance of permits for any construction work in the public right-of-way, or use of public property, Developer shall pay the following City fees: Use of Public Property Permit fees (SMMC 7.04.670) (EPWM) Utility Excavation Permit fee (SMMC 7.04.010) (EPWM) Street Permit fee (SMMC 7.04.790) (EPWM)
3. Developer shall reimburse the City for its ongoing actual costs to monitor the project‟s compliance with this Development Agreement. The City shall bill Developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days. MITIGATION MEASURES AND CONDITIONS OF APPROVAL
SECTION A – MITIGATION MEASURES
Appears in 1 contract
Samples: Development Agreement
Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. XXXXX 26TH STREETLantana North Xxxxx Development, LLC, a Delaware limited liability company By: Name: Title: City of Santa Xxxxxx By: Name: DRAFT Title: CITY OF SANTA XXXXXXXxxxx Xxxxxxx, a municipal corporation By: Name: Title: ATTEST: By: Name: City Clerk APPROVED AS TO FORM: By: Name: Xxxxxx Xxxxx Moutrie, City Attorney REAL PROPERTY IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF XXXX 0, 0 XXX 0, XX XXXXX 199 OF THE RANCHO SAN XXXXXXX AMENDED MAP OF THE TOWN OF SANTA XXXXXX, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LAND, DISTANT THEREON NORTH 75° 32' 40" EAST, 232.38 FEET FROM THE NORTH WESTERLY CORNER THEREOF, SAID POINT ALSO BEING THE MOST EASTERLY CORNER OF LOT 5 OF TRACT NO. 9774, AS PER MAP RECORDED IN BOOK 140 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75° 32' 40" EAST 816.62 FEET; THENCE SOUTH 17° 14' 04" EAST 221.91 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY LINE OF OLYMPIC BOULEVARD, 110 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 PAGE 90 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID NORTHERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1945.00 FEET AND THE RADIAL LINE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 27° 26' 18" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE 281.29 FEET TO ITS POINT OF TANGENCY WITH A CURVE CONCAVE SOUTHEASTERLY, HAVING RADIUS OF 11,778.44 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, 613.92 FEET TO ITS POINT OF INTERSECTION WITH A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 892.00 FEET AND THE RADIAL LINE TO SAID LAST MENTIONED CURVE FROM SAID POINT OF INTERSECTION HAVING A BEARING OF NORTH 84° 10' 12" WEST; THENCE NORTHERLY ALONG SAID LAST MENTIONED CURVE, 336.15 FEET; THENCE NORTH 60° 49' 01" EAST, 5.67 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF SAID LAND INCLUDED WITHIN THE LAND DESCRIBED IN THE DEEDS TO CITY OF SANTA XXXXXX, RECORDED MAY 15, 1959 AS INSTRUMENT NO. 471 IN BOOK D-467 PAGE 892 AND RECORDED OCTOBER 14, 1977 AS INSTRUMENT NO. 00-0000000, BOTH OF OFFICIAL RECORDS. ALSO EXCEPT ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURFACE OR THE RIGHT TO USE SAID SURFACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INC., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF THE RANCHO SAN XXXXXXX Y SANTA XXXXXX, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 955 PAGE 142 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LAND, DISTANT THEREON NORTH 75° 32' 40" EAST 1049.00 FEET FROM THE MOST WESTERLY CORNER OF SAID LAND, SAID POINT ALSO BEING DISTANT NORTH 75° 32' 40" EAST, 816.62 FEET FROM THE MOST EASTERLY CORNER OF LOT 5 OF TRACT NO. 9774. AS PER MAP RECORDED IN BOOK 104 PAGES 64 TO 66 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 75° 32' 40" EAST 298.38 FEET; THENCE SOUTH 20° 51' 48" EAST, 140.62 FEET TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 110 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 22850 PAGE 90, OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 60° 06' 22" WEST 230.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1945.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 83.35 FEET TO A LINE THAT BEARS SOUTH 17° 14' 04" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 17° 14' 04" WEST 221.91 FEET TO POINT OF BEGINNING. EXCEPT THERE FROM ALL OF THE MINERALS, HYDROCARBON SUBSTANCES AND MINERAL RIGHTS OF EVERY CLASS, CHARACTER AND KIND WHATSOEVER, WHATSOEVER, PERTAINING TO OR LYING BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON SAID SURFACE OR THE RIGHT TO USE SAID SURFACE, AS GRANTED IN THE DEED FROM BIRCH INVESTMENT, INC., A CORPORATION, TO WESTERN REPUBLIC CO., LTD., A LIMITED PARTNERSHIP, DOING BUSINESS AS FAR WESTERN HEMISPHERE OIL EXPLORATION CO., RECORDED MARCH 3, 1959 IN BOOK D-386 PAGE 472, OFFICIAL RECORDS. PARCEL 3: A NON EXCLUSIVE EASEMENT FOR RAILROAD SPUR PURPOSES, OVER THE FOLLOWING DESCRIBED LAND: THAT PORTION OF PARCEL 3 OF LOS ANGELES COUNTY ASSESSOR'S MAP NO. 74, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 1 PAGES 38 AND 39 OF LOS ANGELES COUNTY ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE RIGHT, PRIVILEGE AND EASEMENT TO USE FOR RAILROAD SPUR PURPOSES A STRIP OF LAND OF A UNIFORM WIDTH OF 20.00 FEET LYING 10.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY OF PARCEL 2, AS SHOWN ON SAID ASSESSOR'S MAP NO. 74, DISTANT THEREON NORTH 45° 14' 35" EAST 15.00 FEET FROM THE MOST WESTERLY CORNER OF SAID PARCEL 2; THENCE PARALLEL WITH THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL 2, SOUTH 44° 54' 25" EAST 461.19 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 345.00 FEET, SAID CURVE BEING TANGENT AT ITS POINT OF ENDING TO A CURVE HAVING A RADIUS OF 11,788.44 FEET, CONCENTRIC AND DISTANT NORTHWESTERLY 10.00 FEET FROM THE CURVE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 3, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE EASTERLY, ALONG SAID CURVE, 400.15 FEET TO THE END THEREOF; THENCE, NORTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,788.44 FEET, AN ARC DISTANCE OF 164.00 FEET, MORE OR LESS, TO THE WESTERLY SIDE LINE OF 26TH STREET AS DESCRIBED AS PARCEL 2 IN DECREE OF CONDEMNATION ENTERED AS CASE NO. S. M. C. 6063 IN THE SUPERIOR COURT OF THE COUNTY OF LOS ANGELES. EXCEPT FROM THE ABOVE DESCRIBED PARCEL OF LAND THAT PORTION LYING SOUTHWESTERLY OF A LINE PARALLEL AND/OR CONCENTRIC WITH AND 10.00 FEET NORTHEASTERLY MEASURED RADIALLY OR AT RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF PARCEL 2 OF SAID L. A. C. A. MAP NO. 74. PARCEL 4: PARCEL 8 OF LOS ANGELES COUNTY ASSESSOR MAP #74 IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 39 PAGES 45 TO 51 OF LOS ANGELES COUNTY ASSESSOR MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO THAT PORTION OF PARCEL 9 OF SAID LOS ANGELES COUNTY ASSESSOR MAP #74 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 9, THENCE NORTH 20° 51' 48" WEST ALONG THE WESTERLY LINE OF PARCEL 9 A DISTANCE OF 140.62 FEET TO THE NORTHERLY LINE OF SAID PARCEL; THENCE NORTH 75° 32' 40" EAST ALONG THE NORTHERLY LINE DISTANCE OF 166.00 FEET TO A POINT ON THE WESTERLY LINE OF XXXXXXX STREET POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 460.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, 20.91 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 59° 06' 12" EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY LINE OF PARCEL 9 A DISTANCE OF 111.23 FEET; THENCE SOUTH 29° 53' 38" EAST A DISTANCE OF 103.41 FEET TO THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 117 FEET WIDE, THENCE SOUTH 60 DEG 06' 22" WEST ALONG THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD 75.70 FEET TO THE POINT OF BEGINNING. PARCEL 5: THAT PORTION OF PARCEL 9 OF LOS ANGELES COUNTY ASSESSOR MAP #74, IN THE CITY OF SANTA XXXXXX, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 39 OF LOS ANGELES COUNTY ASSESSOR MAPSMISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY BOUNDARY NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE LOS ANGELES AND INDEPENDENCE RAILROAD, RECORDED OCTOBER 14, 1875 IN BOOK 40 PAGE 282 OF DEEDS, RECORDS OF SAID PARCEL 9COUNTY, DISTANT THEREON NORTH 60° 06' 22" EAST, 75.70 SOUTH 75 DEGREES 35 MINUTES 24 SECONDS WEST 700 FEET FROM THE MOST SOUTHERLY CORNER EASTERLY LINE OF SAID PARCEL 9THE LAND DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED AUGUST 11, 1894 1N BOOK 955 PAGE 000 XX XXXXX, XXXXXXX XX XXXX XXXXXX; THENCE CONTINUING SOUTH 75 DEGREES 35 MINUTES 24 SECONDS WEST, ALONG SAID SOUTHEASTERLY BOUNDARYNORTHERLY LINE, ALSO BEING THE NORTHWESTERLY LINE OF OLYMPIC BOULEVARD, 117 FEET WIDE, NORTH 60° 06' 22" EAST 82.29 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 25 FEET; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 39.27 561 FEET; THENCE NORTH 29° 53' 38" WEST, 40.75,FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 460 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 8.05 14 DEGREES 24 MINUTES 36 SECONDS WEST 233 FEET TO A POINTPOINT IN THE SOUTHERLY LINE OF SAID LAND DESCRIBED AS PARCEL 1 IN THAT CERTAIN FINAL ORDER OF CONDEMNATION. CASE NO. 496651, A RADIAL LINE TO ENTITLED "THE PEOPLE OF THE STATE OF CALIFORNIA VS. SOUTHERN PACIFIC RAILROAD COMPANY, ET AL.," DATED JULY 23, 1945, RECORDED JULY 27, 1945 IN BOOK 22205 PAGE 147, OFFICIAL RECORDS OF SAID POINT BEARS COUNTY; THENCE NORTH 59° 06' 12" 75 DEGREES 35 MINUTES 24 SECONDS EAST, THENCE SOUTH 75° 32' 40" WEST PARALLEL WITH THE NORTHERLY LINE OF PARCEL 9 A DISTANCE OF 111.23 ALONG SAID SOUTHERLY LINE, 561 FEET; THENCE SOUTH 29° 53' 38" 14 DEGREES 24 MINUTES 36 SECONDS EAST 103.41 233 FEET TO THE POINT OF BEGINNING. APNEXCEPTING THEREFROM THE EASTERLY 180 FEET THEREOF. ALSO EXCEPT THE TITLE AND EXCLUSIVE RIGHT TO ALL OF THE MINERALS AND MINERAL ORES OF EVERY KIND AND CHARACTER NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED UPON, WITHIN OR UNDERLYING SAID LAND OR THAT MAY BE PRODUCED THEREFROM INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL PETROLEUM, OIL, NATURAL GAS AND OTHER HYDROCARBON SUBSTANCES AND PRODUCTS DERIVED THEREFROM, TOGETHER WITH THE EXCLUSIVE AND PERPETUAL RIGHT OF SAID SOUTHERN PACIFIC COMPANY, ITS SUCCESSORS AND ASSIGNS OF INGRESS AND EGRESS BENEATH THE SURFACE OF SAID LAND TO EXPLORE FOR, EXTRACT, MINE AND REMOVE THE SAME, AND TO MAKE SUCH USE OF THE SAID LAND BENEATH THE SURFACE AS IS NECESSARY OR USEFUL IN CONNECTION THEREWITH, WHICH USE MAY INCLUDE LATERAL OR SLANT DRILLING, BORING, DIGGING OR SINKING OF XXXXX, SHAFTS OR TUNNELS; PROVIDED, HOWEVER, THAT SAID SOUTHERN PACIFIC COMPANY, ITS SUCCESSORS AND ASSIGNS, SHALL NOT USE THE SURFACE OF SAID LAND IN THE EXERCISE OF ANY OF SAID RIGHTS AND SHALL NOT DISTURB THE SURFACE OF SAID LAND OR ANY IMPROVEMENT THEREON, AS RESERVED BY SOUTHERN PACIFIC COMPANY, IN DEED RECORDED APRIL 9, 1959 IN BOOK D-427 PAGE 275, OFFICIAL RECORDS. PARCEL 2: 0000THAT PORTION OF XXXX 0, 0. 0 XXX 0 XX XXXXX 199 OF THE AMENDED MAP OF THE TOWN OF SANTA XXXXXX, IN THE CITY OF SANTA XXXXXX, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 39 PAGES 45 TO 51 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE LOS ANGELES AND INDEPENDENCE RAILROAD, RECORDED ON OCTOBER 14, 1875 IN BOOK 40 PAGE 282 OF DEEDS, RECORDS OF SAID COUNTY, DISTANT THEREON SOUTH 75 DEGREES 35 MINUTES 24 SECONDS WEST 1261 FEET FROM THE EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED AUGUST 11, 1894 IN BOOK 955 PAGE 142 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHERLY, LINE SOUTH 75 DEGREES 35 MINUTES 24 SECONDS WEST 975 FEET: THENCE WESTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 10.928.97 FEET; THROUGH A CENTRAL ANGLE OF 03 DEGREES 09 MINUTES 28 SECONDS (TANGENT TO SAID CURVE AT THE LAST MENTIONED POINT IS THE LAST DESCRIBED CORNER), AN ARC DISTANCE OF 602.34 FEET TO A POINT IN THE SOUTHERLY LINE OF LAND DESCRIBED AS PARCEL 1 IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, XXXX XX, 000000, ENTITLED "THE PEOPLE OF THE STATE OF CALIFORNIA VS. SOUTHERN PACIFIC RAILROAD COMPANY, ET AL.," DATED JULY 23, 1945, RECORDED JULY 27, 1945 IN BOOK 22205 PAGE 147, OFFICIAL RECORDS OF SAID COUNTY; THENCE LEAVING SAID NORTHERLY LINE AND ALONG SAID SOUTHERLY LINE, AS FOLLOWS: NORTHEASTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 2062 FEET, THROUGH A CENTRAL ANGLE OF 00 DEGREES 17 MINUTES 25 SECONDS (TANGENT TO SAID CURVE AT THE LAST MENTIONED POINT BEARS NORTH 60 DEGREES 25 MINUTES 36 SECONDS EAST), AN ARC DISTANCE OF 10.45 FEET, NORTH 60 DEGREES 00 MINUTES 11 SECONDS EAST, TANGENT TO LAST SAID CURVE, 663.43 FEET TO A POINT, NORTHEASTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1938 FEET THROUGH A CENTRAL ANGLE OF 15 DEGREES 27 MINUTES 13 SECONDS, (TANGENT TO SAID CURVE AT THE LAST MENTIONED POINT IS THE LAST DESCRIBED COURSE) AN ARC DISTANCE OF 522.71 FEET AND NORTH 75 DEGREES 35 MINUTES 24 SECONDS EAST, TANGENT TO LAST SAID CURVE, 411.10 FEET TO A POINT DISTANT NORTH 14 DEGREES 24 MINUTES 36 SECONDS WEST 233 FEET FROM THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 14 DEGREES 24 MINUTES 36 SECONDS EAST 233 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION OF SAID LAND LYING SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF XXXXXXX STREET AS DESCRIBED IN THE DEED TO THE CITY OF SANTA XXXXXX, RECORDED ON AUGUST 15, 1968 AS DOCUMENT NO. 2955, OFFICIAL RECORDS OF SAID COUNTY. ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND AS DESCRIBED IN THE DEED TO XXXXX XXXXXX AND XXXXXX XXXXXXXXX, RECORDED JULY 27, 1977 AS INSTRUMENT N0. 77-000-000 and 0000-000-000
1910569 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Each ALSO EXCEPTING AND RESERVING THE TITLE AND EXCLUSIVE RIGHT TO ALL OF THE MINERALS AND MINERAL ORES OF EVERY KIND AND CHARACTER NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED UPON, WITHIN OR UNDERLYING SAID LAND OR THAT MAY BE PRODUCED THEREFROM, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL PETROLEUM, OIL, NATURAL GAS AND OTHER HYDROCARBON SUBSTANCES AND PRODUCTS DERIVED THEREFROM, TOGETHER WITH THE EXCLUSIVE AND PERPETUAL RIGHT OF SAID GRANTORS, THEIR SUCCESSORS AND ASSIGNS OF INGRESS AND EGRESS BENEATH THE SURFACE OF SAID LAND TO EXPLORE FOR, EXTRACT, MINE AND REMOVE THE SAME AND TO MAKE SUCH USE OF THE SAID LAND BENEATH THE SURFACE AS IS NECESSARY OR USEFUL IN CONNECTION THEREWITH, WHICH USE MAY INCLUDE LATERAL OR SLANT DRILLING BORING, DIGGING OR SINKING OF XXXXX, SHAFTS OR TUNNELS, PROVIDED, HOWEVER, THAT SAID GRANTORS, THEIR SUCCESSORS AND ASSIGNS, SHALL NOT USE THE SURFACE OF SAID LAND IN THE EXERCISE OF ANY OF SAID RIGHTS AND SHALL NOT DISTURB THE SURFACE OF SAID LAND OR ANY IMPROVEMENTS THEREON, AS RESERVED BY SOUTHERN PACIFIC COMPANY AND PACIFIC ELECTRIC RAILWAY COMPANY, IN DEED RECORDED DECEMBER 7, 1959 IN BOOK D-685 PAGE 3, OFFICIAL RECORDS. Developer shall pay the following fees and charges that are within the City’s jurisdiction and at the rate in effect at the time payments applications are made with respect made:
1. Upon submittal for Architectural Review Board (ARB) review, Developer shall pay City fees for processing of ARB applications;
2. Upon submittal for plan check, Developer shall pay City plan check fees;
3. Prior to issuance of construction permits, Developer shall pay the following City fees: • Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Building & Safety) • Shoring Tieback fee (collected by EPWM) • Construction and Demolition (C&D) Waste Management fee (SMMC Section 7.60.020) (collected by EPWM) (collected by EPWM) • Wastewater Capitol Facilities Fee (SMMC Section 7.04.460) (collected by EPWM) • Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM) • Fireline Meter fee (SMMC Section 7.12.090) (collected by EPWM) • Olympic Boulevard Access License Agreement fee for the additional driveway width
4. Prior to issuance of permits for any construction work in the public right-of- way, or use of public property, Developer shall pay the following City fees: • Use of Public Property Permit fees (SMMC 7.04.670) (EPWM) • Utility Excavation Permit fee (SMMC 7.04.010) (EPWM) • Street Permit fee (SMMC 7.04.790) (EPWM)
5. The Developer shall reimburse the City for its actual costs to monitor environmental mitigation measures. The City shall xxxx the developer for staff time and any material used pursuant to the Building being processed by such Developer:hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days; and
6. The Developer shall reimburse the City for its ongoing actual costs to monitor the project’s compliance with the Development Agreement. The City shall xxxx the developer for staff time and any material used pursuant to the hourly fees in effect at the time monitoring is performed. Developer shall submit payment to the City within 30 days.
Appears in 1 contract
Samples: Development Agreement