Resolution - 7174RESOLUTION NO. 7174
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA APPROVING CERTAIN
CHANGES TO THE DISPOSITION AND DEVELOPMENT
• AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF WEST COVINA AND WATT INVESTMENT
PROPERTIES, INC.; MAKING CERTAIN FINDINGS WITH
RESPECT TO THE CONSIDERATION TO BE RECEIVED BY
THE AGENCY PURSUANT TO SAID AGREEMENT, AS
CHANGED; APPROVING THE PROPOSED SALE OF SAID
REAL PROPERTY; CONSENTING TO THE PROVISION FOR
CERTAIN PUBLIC IMPROVEMENTS; AND APPROVING THE
r DISPOSITION AND DEVELOPMENT AGREEMENT, AS
CHANGED
WHEREAS, Redevelopment Agency of the City of West Covina (the "Agency") is
engaged in activities necessary to execute and implement the Redevelopment Plan for
the Central Business District Redevelopment Project (the "Project"); and
WHEREAS, in order to execute and implement the Redevelopment Plan, the
Agency proposes to sell certain real property known as the Atrium Development Site
(the "Site") in the Project area, pursuant to the terms and provisions of a proposed
Disposition and Development Agreement (the "Agreement") to be entered into with
Watt Investment Properties, Inc. (the "Developer"), which Agreement contains a
description of said Site; and
WHEREAS, the Developer has submitted to the Agency a written offer in the
form of said Agreement to purchase the Site; and
WHEREAS, the Agency and the Developer have agreed to make certain changes
in the Agreement as submitted for the purchase and development of the Site; and
WHEREAS, the proposed Disposition and Development Agreement as proposed to
be changed contains all the provisions, terms and conditions, and obligations required
by the State and local law; and
WHEREAS, the Developer possesses the qualifications and financial resources
necessary to acquire and insure the development of the Site in accordance with the
purposes and objectives of the Redevelopment Plan; and
WHEREAS, the Agency has prepared, and the City Council has reviewed and
considered, a summary report setting forth the cost of the Agreement to the Agency,
the estimated value of the interests to be conveyed determined at the highest uses
permitted under the Redevelopment Plan, and the purchase and lease prices, and made
said summary available for public inspection in accordance with the California
Community Redevelopment Law; and
WHEREAS, the summary report has been considered by Agency staff and
consultants in light of the changes, and the staff and consultants have satisfied this
Council that the sale and Agreement are feasible; and
WHEREAS, the Agency and the City Council have determined that the proposed
changes to the Agreement to purchase the Site will not affect the determination that
•— the proposed development and the method of financing are feasible as set forth in said
summary report; and
WHEREAS, pursuant to the California Community Redevelopment Law, the
Agency and the City Council held a joint public hearing on the proposed sale of the
Site and on the proposed Disposition and Development Agreement, as changed; and
WHEREAS, the City Council has duly considered all terms and conditions of the
proposed sale and believes that the development of the Site pursuant to the proposed
Disposition and Development Agreement, as changed, is in the best interests of the
City and the health, safety, morals, and welfare of its residents, and in accord with
the public purposes and provisions of applicable State and local law and requirements.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of West
Covina as follows:
-1-
1. The City Council hereby approves the changes to the proposed Disposition
and Development Agreement between the Agency and the Developer set out in Exhibit
"A" attached hereto and incorporated herein by this reference, and ratifies the
incorporation of said changes into the Disposition and Development Agreement.
2. The City Council hereby finds and determines that the consideration for
• the sale of the Site pursuant to the Disposition and Development Agreement, as
changed, between the Agency and the Developer is not less than the fair market value
for the Site in accordance with the covenants and conditions governing such sale.
3. The City Council hereby finds and determines that the consideration for
the sale of the Site pursuant to said Agreement, as changed, is necessary to effectuate
the purpose of the Redevelopment Plan.
• 4. The City Council hereby finds and determines that the provision by the
Agency of certain public improvements for the Site pursuant to the Agreement, as
changed, which improvements would otherwise be the responsibility of the Developer,
is necessary to effectuate the purposes of the Redevelopment Plan.
5. The City Council hereby consents to the providing of said public
improvements by the Agency.
6. The sale of the Site by the Agency to the Developer and the Disposition
and Development Agreement, as changed which establishes the terms and conditions
for the sale and development of the Site, are hereby approved.
7. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 28th day of April , 1986.
E RED -
IN
Mayor
ATTE T:
City, ler
I HEREBY CERTIFY that the foregoing Resolution No. 7174 was duly
adopted by the City Council of the City of West Covina at an adjourned regular
meeting thereof held on the 28 th day of Apri 1 , 1986 by the following
vote:
AYES:
Councilmen:
Bacon,
NOES:
Councilmen:
None
ABSENT:
Councilmen:
None
ABSTAIN:
Councilmen:
None
APP OVED AST FORM:
'a
City Attorney
120/17-6
Planners, Chappell, Shearer
City Clerk
-2-
EXHIBIT "A"
REVISIONS AND CHANGES MADE IN THE ATRIUM DEVELOPMENT SITE
DISPOSITION AND DEVELOPMENT AGREEMENT SINCE APRIL 14, 1986
• April 25, 1986
Listed below by Section numbers are changes and revisions made in the proposed
Disposition and Development Agreement between the Redevelopment Agency of the
City of West Covina and Watt Investment Properties, Inc. for the sale, purchase and
development of the Atrium Development Site which was placed on file for public
• review on April 14, 1986.
Revisions in accordance with changes in the Agreement were made in all Attachments
where appropriate.
DISPOSITION AND DEVELOPMENT AGREEMENT
Section 105.2, Page 2
"Watt Industries, Inc." in the first paragraph was changed to "W & B Builders, Inc., a
California corporation."
Section 105.2, Pages 2-3
The last sentence beginning at the bottom of page 2 and ending on page 3 was revised
to add the underscored language as follows:
The Developer with Agency approval, which approval shall not be
unreasonably withheld, may assign and delegate its rights, responsibilities,
obligations' and liabilities for development under this Agreement with
respect to any Development Phase to any entity that is the parent company
or a wholly owned subsidiary of Developer, or any entity in which any of
the following own a controlling interest (or in the case of a partnership, the
managing entity is so owned and controlled):
Section 106, Page 4
The second sentence in the third paragraph was revised to add the underscored
language as follows:
The Developer Deposits for Development Phase II and Development Phase
III shall be delivered to the Agency concurrently with Developer's notice to
Agency of Developer's election to proceed with the development of each
such Phase.
The first sentence in the fifth paragraph is revised to add the underscored language as
f ollows:
THE AGENCY AND THE DEVELOPER, BY THIS AGREEMENT,
MUTUALLY AGREE THAT PRIOR TO THE CONVEYANCE OF TITLE TO
THE DEVELOPMENT PHASE PARCELS, LIQUIDATED DAMAGES MAY BE
PAID TO THE AGENCY FROM THE DEVELOPER'S DEPOSITS AS A
• RESULT OF THE FAILURE OF THE DEVELOPER TO PERFORM THE
OBLIGATIONS REQUIRED OF IT UNDER THIS AGREEMENT WHICH ARE
WITHIN ITS SOLE POWER TO PERFORM, OR TO ACT IN GOOD FAITH
AND TO MAKE REASONABLY DILIGENT EFFORTS TO PERFORM
CERTAIN OTHER ACTS AND OBLIGATIONS REQUIRED OF IT UNDER
THIS AGREEMENT WHICH INVOL'.' 1 L' L AGREE ":TENT OF PARTIES
NOT A PARTY TO THIS AGREEMENT.
Section 201.2.a, Page 6
The second sentence of the second paragraph was revised to add the following
underscored language:
Said notice of Developer's election shall designate the Parcels to be
purchased and developed as Development Phase II and shall be transmitted
to Agency on or before the earlier occurrence of the following:
Exhibit "A"
Page 1: of 9
Section 201.2.a, Page 7
The second paragraph on this page was formerly paragraph (f) of Section 204.
Section 203, Page 10
• The first unnumbered paragraph on page 10 was revised to add the underscored
language as follows:
All funds received in this escrow shall be deposited by the Escrow
Agency with other escrow funds of the Escrow Agent in a general escrow
account or account with any state or national bank acceptable to
Deve��lo er doing business in the State of California. Such funds may be
tranred to any other such general escrow account or accounts. All
• disbursements shall be made on the basis of a thirty (30) day month.
Section 206, Page 12
The following sentence was added to Section 206 which describes the condition of title
to be conveyed:
The Developer shall cooperate with the Agency to the fullest extent in
resolving problems, if any, with respect to existing utility easements,
including the relocation of anv such easements and the reservation of
utility runts-or-w
Section 211, Page 13
The following sentence was added to Section 211 regarding relocation of occupants
from the Site:
The Agency shall use its best efforts to relocate Harry Hill Volkswagen,
Inc. from the Site no later than June 30, 1987.
Section 213, Pages 14-15
Section 213 was revised to read as follows:
[ S 2131 Condition of the Site
All demolition and site clearance work shall be performed by the
Agency and the Developer as provided in the Scope of Development
(Attachment No. 3). The Agency only shall be responsible for the removal
of asphaltic concrete pavement, curbs, gutters, foundations and slabs to a
depth of one foot below grade. The Site will be scarified and ripped to a
maximum of 12 inches in depth and any pipes, foundations or slabs
encountered shall'be cut and removed to said 12 inch depth.
Developer shall not be required to reimburse Agency for any costs
which Agency incurs in connection with any demolition and site clearance
work which the Agency has heretofore performed or caused to be
performed, or hereafter performs or causes to be performed with respect
to the Site.
As to all portions of the Site (including soil beneath any area
excavated by Agency or others prior to conveyance) the Site and all
• portions thereof shall be conveyed in an "as is" condition, with no warranty,
express or implied by the Agency as to the condition of the soil, its
geology, or the presence of known or unknown faults. It shall be the sole
responsibility of the Developer at its expense to investigate and determine
the soil conditions of the Site and the suitability of the Site for the
development to be constructed thereon. The Agency represents that its
present employees have no actual knowledge of any condition of the soil of
the Site which would render the Site unsuitable for the development to be
constructed thereon. The Agency has no obligation to search or exercise
due diligence to discover any such condition of the soil.
Following execution of this Agreement by Developer, Developer shall
have access to the Site for the purpose of conducting tests to determine
the soil, geologic, and seismic condition of the Site and its suitability for
the development to be constructed thereon. The Agency shall disclose to
Exhibit "A"
Page 2 of 9
Developer all defects or unusual conditions reported to Agency by its
contractor during the performance of all demolition and site clearance
work which is the responsibility of the Agency under this Section 213.
Within thirty (30) days after completion of demolition and site clearance
work to be done by the Agency prior to the conveyance of the Development
Phase I Parcels, or on or before September 30, 1986, whichever is later, the
Developer shall determine the suitability and indicate the unacceptability
of the soil, if such is the case. If Developer determines that in its
judgment the soil, geologic, or seismic condition of the Site, or any portion
thereof, renders the Site unsuitable for economically feasible development,
Developer may so notify the Agency in writing, stating the reasons for such
unsuitability and Developer's election to terminate this Agreement and
receive the return of Developer's Deposit in accordance with the provisions
of Section 508.1(a) hereof.
• Upon receipt of such notice of Developer's election to terminate,
Agency may (but is not obligated to) cure such condition at its own cost
and expense, in which case this Agreement shall not terminate and
Developer shall take conveyance of the Site after such condition shall have
been corrected by Agency to Developer's reasonable satisfaction. If after
conveyance of title, the soil conditions of the Site or any part thereof, are
not in all respects entirely suitable for the use or uses to which the Site
will be put, then it is the sole responsibility and obligation of Developer to
take such actions as may be necessary to place the Site and the soil
conditions of the Site in all respects in a condition entirely suitable for the
development of the Site.
Section 215, Pages 15-16
Section 215 requiring Developer to submit to Agency evidence that Developer has the
financing necessary to purchase and develop the Site was revised to include the below
underscored language:
2. A copy of the contract between Developer and the general
contractor for the construction of such improvements, certified by
Developer to be a true and correct copy thereof or in the alternative a
line -item budget showing that estimated costs match adequate financing
and the source of financing; and
3. A copy of all proposed or executed construction loan documents
(e.g. notes, trust deeds, indentures, loan agreements, etc.) necessary to
assure closing and complete funding for the development and construction
of the improvements on the appropriate Development Phase, including bond
documents, if applicable, to be effective and recorded next in order after
the recordation of the instruments pursuant to this Agreement; and
Section 314, Page 20
The second paragraph of this Section which provides for Developer to make property
tax payments to the Agency of the difference of $400,000 and the property tax
actually paid for any fiscal year where actual taxes paid is less than $400,000. Said
paragraph was revised to change the period of such tax payments from "twenty years"
to "twelve years."
Section 402, Page 27
• Language in this Section 402 providing for maintenance of landscaping on the Site was
revised to refer to Sections of the Scope of Development (Attachment No. 3) which set
forth specific obligations for such maintenance.
Section 405, Page 28
The following paragraph 5 was added to this Section which Section states the effect
and duration of all covenants in the Agreement:
5. The View Corridors granted in Section VII of the Scope of
Development shall remain in effect so long as the office buildings to be
constructed on Developer Parcels lA and 1B remain in existence and
possess a Certificate of Occupancy.
Exhibit "A"
Page 3 of 9
Section 506, Page 30
This Section, which provides for actions for damages in the event of default by either
party, was revised to include the underscored language:
B 5061 Damages
• If, after conveyance of title either party defaults with regard to any
of the provisions ot this Agreement, the nondefaulting party may serve
written notice of such default upon the defaulting party. If the default is
not commenced to be cured within thirty (30) days after service of the
notice of default and is not cured promptly in a continuous and diligent
manner within a reasonable period of time after commencement, the
nondefaulting party may thereafter (but not before) commence an action
for damages against the defaulting party with respect to such default;
except that all defaults occurring prior to a conveyance of title shall be
subject to the liquidated damage provisions of Section 106 hereof.
•
Section 507, Page 30
This Section, providing for actions for specific performance in the event of default by
either party, was revised to provide that such actions can only be brought after
conveyance of land to Developer.
Section 508.1, Page 30
Paragraph (a) of this Section, providing for termination rights of Developer prior to
conveyance, was revised to include the following underscored language:
19 508.11 Termination by Developer
(a) The Developer at its option may terminate this Agreement upon
written notice to the Agency, if on or before the expiration of thirty (30)
days after Agency completion of demolition and site clearance work
required under Section 213, or on or before September 30, 1986, whichever
is later, after diligent investigation of the soil and building conditions o
the Site pursuant to Section 213 hereof, Developer determines that said
conditions are such that development of the Site cannot economically or
feasibly be pursued, and the Agency does not elect to correct such
conditions. In the event of such termination the Agency shall return
Developer's Deposit, plus any interest accrued thereon, and neither party
shall have any further rights or liabilities against the other.
Section 508.2, Page 32
Paragraph (g) of this Section providing for Agency's termination with respect to
Developer Parcel 4 was revised to include a specific reference to Developer Parcel 4
in the first sentence.
Section 509, Page 32
This Section, providing for a right of reverter in the Agency for defaults by Developer
after conveyance of title, was revised to include the following underscored language:
(c) Fail to complete construction of (i) the Hotel, the Hotel
Parking and the Atrium associated therewith, (ii) the Office Building on
Developer Parcel lA and the Parking and Atrium
the Office Building on Developer Parcel 113 and
associated therewith; (iv) the Office Building on
the Parkinu asseeiatPd thPrPwitr_ Any ful t►,o nff
associated therewith, (iii)
the Parking and Atrium
Developer Parcel 2B and
(d) Assign or attempt to assign this Agreement (or any rights
herein), or sell, transfer, convey, assign, or lease the whole or any part of
such Developer Parcel, or of the improvements to be constructed thereon,
in violation of this Agreement.
The Agency's right
only the Parcel or Parcels
to reenter and r
which are the sub
shall be applicable to
Exhibit "A"
Page 4 of 9
Section 701.1, Pages 36 & 38
This Section provides for the construction of public parking and appurtenant
landscaping for the first Development Phase with funds from tax exempt Certificates.
The second full paragraph on page 36 was amended to include the following
underscored language:
Developer may provide its replacement Alternate Letter of Credit at
any time after execution of this Agreement by the Agency, if and when
permitted by the Bond Documents. Agency shall cooperate with Developer
in its efforts to obtain the Alternate Letter of Credit. If Developer fails
to perform hereunder after posting the Alternate Letter of Credit with the
Bank, Developer's Alternate Letter of Credit shall remain as security for
• the Certificates until such time as the Agency, or a replacement
Cert�developer, is able to secure a substitute Letter of Credit, or the
es are retired at the end of the 3-year temporary period provided
in the Bond Documents, but not beyond the period of the Certificates even
if retired early.
The first paragraph on page 38 was revised to read as follows:
The Agency shall cooperate with the Developer and bond counsel in
order to effectuate the provisions of this Section 701.1a. The Agency shall
receive the purchase price for land within Agency Parcel 1 set forth in
Section 202.6 from the Certificate proceeds.
Signature Page, Page 46
The name of the Developer signing the Agreement was changed from Watt Industries,
Inc. to "Watt Investment Properties, Inc.."
SCHEDULE OF PERFORMANCE, ATTACHMENT NO. 2
The Schedule of Performance was revised to:
(1) Change the time in which the Agency must complete all demolition and
site clearance work for each Development Phase from 1160 days" to 1130
days prior to the date for conveyance of title" to each Phase.
(2) Change the time in which the Developer must complete construction of
improvements for Development Phases II, III and IV from 1112 months" to
1118 months after commencement of construction" for each Phase.
SCOPE OF DEVELOPMENT, ATTACHMENT NO. 3
Section I, Function, Page 1
This Section was revised to include the following underscored language:
The Atrium Development project will be a multi -use business
complex developed in four separate phases. The first phase shall include a
full service, Holiday Inn Hotel or an equivalent reasonably acceptable to
A enc with not less than 300 rooms, two four-story office buildings with
an approximate 90,000 gross square feet each, an elegant, enclosed,
garden, 15,000 square foot Atrium, and structured and surface parking.
0 Section II, Architecture and Design, Page 1
The second paragraph of this Section was revised to include the following underscored
language:
The horizontal windows will be accentuated by cementitious spandrels,
with articulated profiles to appropriate depth and texture. Glass Fiber
Reinforced Concrete shall be a minimum standard and in no way will a
Dryvit material be used.
Section III, Developer Responsibilities
Subsection B.l.a, B.l.b, B.l.c and B.l.e, pages 3 and 4, were revised to include the
following underscored language:
Exhibit "A"
Page 5 of 9
a. Developer Parcels lA and 1B
A building pad with a 4-story Office Building containing
approximately 90,000 gross square feet will be constructed on each of
Developer Parcel 1A and Developer Parcel 1B, for a total of 180,000
square feet. Developer agrees to use its best efforts, but is not obligated,
to construct no less than. 10,000 square feet of ground floor retail uses
oriented toward the Atrium. The buildings will be Type III structures of
rigid steel frame construction. The outside exterior walls of the buildings
will be cementitious panels and shall be subject to architectural approval
of the Agency. Each building will have three track elevators.
b. AL7encv Parcel 1
• A structured Public Parking Garage with approximately 612 spaces,
which will contain all City Code required parking requirements for
Developer Parcels lA and 1B, will be constructed on Agency Parcel 1. The
structure will be architecturally compatible with the Office Buildings and
will be of post -tensioned concrete construction with exterior walls of
precast concrete panels, subject to the architectural approval of the
Agency. The parking structure shall include landscaping and architectural
treatment to all facades which shall be subject to architectural approval
of the Agency. It will have a hydraulic elevator and a stairway at the
midpoint on the south side of the structure with two additional stairways -
one at each end of the structure on the south side.
C. Hotel Parcel
A Holiday Inn Hotel or an equivalent as described above (equivalent
to the core concept and including fixtures and equipment equivalent to
those previously submitted to the Agency) with no less than 300 guests
units (single rooms and suites), an associated ballroom and meeting space
area of not less than 6,000 square feet capable of accommodatinz 250 seat
banquets, and separate dining and lounge facilities of not less than 300
seats including any seats located within that portion of the Atrium which
is integrated with the hotel's dining and lounge facilities) will be
constructed on the Hotel Parcel. The lower roof of the hotel shall contain
a swimming pool and its related equipment. Screening of equipment shall
adhere to City Code requirements.
e. Atrium Parcel
A 15,000 square foot, climate controlled Atrium shall be constructed
on the Atrium Parcel. The four-story Office Buildings on Developer
Parcels lA and 1B and the Hotel will form the major walls for the Atrium.
The three entrances to the Atrium will be four stories each and
constructed of glass and will have revolving doors and handicapped access.
The structure itself will have four interior perimeter columns with
the interior space free of columns obstructing movement through the
center of the Atrium. The roof will be not less than 30 percent glass that
will be of a general sawtooth design to present an attractive, faceted
appearance. The lower level of the sawtooth portion of the Atrium roof
shall not be lower than the level of the roof of the four-story buildings.
The primary lighting system will be of a High Intensity Discharge type.
• Such lighting will be installed and will be complemented by other
accent lighting in and around the ground level. The Atrium floor will be
constructed of ceramic tile, quarry and/or tile pavers. The ground level
will contain two fountains with laminar flow themes, plants and trees, and
works of art tha' vii71 L,:avide an elegant garden atmosphere. The floor
shall contain several levels to accommodate various civic, commercial, and
cultural events and activities.
Subsection B.2.b, page 4, was revised to include the following underscored language:
b. Agency Parcel 2 and Developer Parcel 2A
A parking structure and surface parking containing all City Code
required parking for Developer Parcel 2B shall be constructed on Agency
Parcel 2 and Developer Parcel 2A. The exterior of the building shall be
Exhibit "All
Page 6 of 9
0
compatible with the Development Phase I Office Buildings and shall be
subject to architectural approval of the Agency.
Subsection B.3.b., pages 4 and 5, was revised to include the following underscored
language:
b. Agency Parcel 3 and Developer Parcel 3A
A parking structure and surface parking containing all City Code required
parking for Developer Parcel 3B shall be constructed on Agency Parcel 3
and Developer Parcel 3A. The exterior of the building shall be compatible
with the Development Phase I Buildings and the building on Developer
Parcel 2B. and shall he suhieet to grehitPet»rg1 gnnrnvnl of tho Amonnv
• Section IV, Agency Responsibilities
The last sentence of subsection B of this Section, page 5, which sets forth the
demolition and site clearance work to be performed by the Agency, was revised to add
the following underscored language:
The Site shall be scarified and ripped to a maximum of 12 inches in depth,
and any pipes, foundations or slabs encountered shall be cut and removed to
said 12 inch depth.
Subsection D of Section IV, which provides for the installation and construction of
utilities, temporary landscaping and temporary access roads, pages 6 and 7, was
revised to read as follows:
D. Utilities; Temporary Landscaping and Access Road
Improvements
1. Utilities
In addition to any other costs which are to be borne by the Agency
with respect to the development of the Site, the Agency shall pay costs
incurred in extending facilities for water, sewer, storm drains, gas and
electrical utilities from their location in the public streets to the property
line of Developer Parcels 1A or 1B and the Hotel Parcel. The maximum
amount that the Agency will be required to pay for such facilities shall be
for costs of labor and materials (hard costs) not to exceed $200,000.
2. Temporary Landscaping and Access Roads
The Agency shall install, construct and maintain temporary
landscaping and irrigation and temporary access roads in connection with
Development Phase H Parcels (Developer Parcels 2A, 2B and Agency
Parcel 2), Development Phase III Parcels (Developer Parcels 3A, 3B and
Agency Parcel 3) and Developer Parcel 4 as hereinafter provided. The hard
costs (i.e., direct costs of labor and material on -site) for installation and
construction of temporary landscaping, irrigation, and the temporary
access roads, shall be paid by the Agency, but shall not exceed $490,330.
The Developer shall pay all hard costs in excess of the Agency maximum of
$490,330, and all soft and other costs.
The temporary landscaping and irrigation on Developer Parcels 2A,
2B, 3A, 3B and 4, and Agency Parcels 2 and 3 shall consist of turf mounding
. and perimeter trees of a type similar to trees to be placed within
Developer Parcels 1A and 1B, the Hotel Parcel and the Hotel Parking
Parcel.
The temporary access -.roads, . described in Section VI hereof, on
Developer Parcels 2A, 2B, 3A and 3B, shall consist of 2 inches of Asphalt
Concrete over approximately 3 inches of Rock Base.
The Agency shall install temporary landscaping and construct
temporary access roads for Development Phases II, III and IV in designated
areas equal to the square footage of land within Development Phases II and
M. The Developer shall designate those Parcels or portions thereof upon
which temporary landscaping and irrigation will be installed by the Agency,
except that in no event shall such designated land areas exceed the total
square feet of land in Development Phases II and III.
Exhibit "A"
Page 7 of 9
The Agency shall pay costs of maintaining the temporary landscaping
and the access roads as follows:
(1) The Agency shall maintain any temporary landscaping on
Development Phase H Parcels and the access road on Developer
Parcels 2A and 2B until Developer is scheduled to accept
• conveyance of the Development Phase II Parcels, or until said
Parcels are conveyed for development, or until Developer's
option to purchase and develop the Development Phase H
Parcels expires unexercised, whichever occurs earlier.
(2) The Agency shall maintain any temporary landscaping on
Development Phase III Parcels and the access road on
Developer Parcels 3A and 3B until Developer is scheduled to
• accept conveyance of the Development Phase III Parcels, or
until said Parcels are conveyed for development, or until
Developer's option to purchase and develop the Development
Phase III Parcels expires unexercised, whichever occurs earlier.
(3) The Agency shall maintain any temporary landscaping on
Developer Parcel 4 until said Parcel is conveyed for
development, or in the event Developer does not exercise its
option to purchase and develop Developer Parcel 4, until such
time as the Agency's obligation to maintain temporary
landscaping on Development Phase H Parcels and Development
Phase III Parcels expires, or until such time as Developer Parcel
4 is scheduled for conveyance and development by parties other
than the Developer, or other use by the Agency, whichever
occurs earlier.
Upon expiration of the Agency's obligation to maintain temporary
landscaping and access roads as provided in this Section, the Agency may
grant to Developer a revocable license to maintain the temporary
landscaping and access roads at Developer's expense. Such license shall be
revoked at such time as the subject Parcels are scheduled for conveyance,
development or other use by Agency.
To the extent that the Agency is permitted by law to do so, the
Agency, instead of contracting directly for the work to be performed
pursuant to this Section by the Agency, may pay or reimburse Agency's
portion of the hard costs to Developer, or Developer's contractor under a
contract which includes this work together with other work for Developer.
Section V, Development Standards
Subsection I, Loading, page 9, was revised to read as follows:
I. Loading
Except for buildings located on Developer Parcels lA and 1B, off-street
loading facilities shall be located in a manner_ to avoid interference with
public use of sidewalks from the street. All off-street loading facilities
shall be reasonably located and shall be constructed to comply with the
'_Municipal Code. Off-street loading facilities must be screened by
landscaping to the extent and in the manner required by the Agency.
is
Section VH, View Corridors, Page 10
This Section, page 10, was revised to prohibit the construction of buildings within two
areas designated as view corridors for the benefit of two four-story office buildings to
be constructed on the Site. The Section forri,�-'�y ::ir;ited the height of buildings in the
designated areas to 30 feet.
Exhibit "A"
Page 8 of 9
Section VII, Agency Design Review, Page 10
The following new Section was added to the Scope of Development:
VIII. AGENCY DESIGN REVIEW
• Agency design review shall take place during and at the submission of
Basic Concept Drawings, Preliminary Schematic Construction Drawings
and Final Construction Drawings, and at key times during construction.
Drawings submitted to Agency on April 8, 1986 shall be considered the
Basic Concept Drawings and shall be considered approved at the time of
execution of this Agreement.
• 120/17-6
•
z
Exhibit "A"
Page 9 of 9