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HomeMy WebLinkAboutCC 11 FINAL T.M. 12345 05-05-86CONSENT CALENDAR AGENDA 5-5-86 Inter- Com DATE MAY 5, 1986 TO: FROM: SUBJECT: WILLIAH A. HUSTON, CIl'Y PLRNAGER COI~qUNII'Y DEYELOPHENT DEPARTIqENT FIN~U. TRACT NAP 12345 PHA~E I RESIDENTIAL~ EAST TOSTIN APPLICANT: LOCATION: REQUEST: THE IRVINE COHPANY A~EA BOUNDED BY INTERSTATE 5, BRO#NING AVENUE, BRYAN AVENUE AND dANBOREE ROAD Ex'rENDED NORTHERLY OF INTI~RSTATE 5 TO SUBDIVIDE APPROXIlqA'i'ELY 107 ACRES OF LAND PROVIDING FOR DEYELOPHENT OF SPECIFIC LAND USE PURSUANT TO THE PHASE I PLANNED COMPIUNITY ZONING REGULATIONS RECOIlqENDED ACTION: 1. Approve Final Tract Map No. 12345 by the adoption of Resolution 86-55. 2. Execute the park agreement (Exhibit "B"). 3. Execute the Maintenance Agreement (Exhibit "C"). BACKGROUND: This final map was originally submitted as a tentative which created a 27 lot (8 numbered and 19 lettered) subdivision, for the properties within the East Tustin Phase I residential project area. On June 24, 1985, the Planning Commission recommended approval of this tentative map to the City Council by the adoption of Resolution No. 2226. On July 15, 1986, the City Council approved the tentative map by the adoption of Resolution No. 85-68. On April 28, 1986, the Planning Commission recommended approval to the City Council of Final Tract Map No. 12345 by the adoption of Resolution No. 2324. Ctty Counctl Report Hay 5, 1986 Page t~o The final map is in substantial compliance with the tentative map, the Tustin Area General Plan and the Planned Community District regulations. All conditions of.approval as specified in Exhibit "A" of Resolution No. 85-68 have been met which include the attached park agreement (Exhibit "B") and maintenance agreement (Exhibit "C"). The attached park agreement (Exhibit "B") was condition Number 27 of City Council Resolution No. 85-68 which approved the tentative map. This park agreement: 1. Dedicates neighborhood park land in Phase I; 2. Transfers excess park land in Phase ! to Sector 11 as a community park. Sets up the funding of improvements to the. neighborhood parks by the use of the new construction tax. The Irvine Company will fund the improvements to the neighborhood park and be reimbursed from future new construction tax on each residents. The attached maintenanoe agreement (Exhibit "C") was part of conditions Number 1, 2 and 7 of Resolution No. 85-68. This agreement provides for the landscape maintenance of lettered lots and certain areas in the public right-of-way. Director of Community Development MAC:cd:pr Attachments: Exhibit "A" of Resolution No. 85-68 Exhibit "A" Final Tract Map No. 12345 Resolution No. 86-55 Tentative Map Park Agreement Exhibit "B" Landscape Maintenance Agreement Exhibit "C" EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 12345 Approval of Tentative Tract Map No. 12345 is subject to the following conditions. These conditions shall be satisfied prior to final map recordation if not otherwise determined by City staff to be satisfied'after map recordation: 1. Provision for landscape maintenance and ownership of Lots A through Sj with the exception of Lot G, H, and 8, which will be maintained by the city, to be the responsibility of the adjoining homeowners' associations, if not included within a lighting/landscape maintenance district. The city shall be responsible for Lots G, H. and 8 only until the Browning Avenue overpass proposal is finalized. 2. Landscape maintenance responsibility for those areas within the public right-of-way between the curb and meandering sidewalks shall not become the responsibility of the' City, except Lots G and H. These areas shall be included within the maintenance of adjoining lots A through S, excepting Lots G and H, shall be for ultimate maintenance by a homeowners' association or lighting/landscape maintenance district. The city shall be responsible for Lots G and H only until the Browning Avenue overpass is finalized. 3. Control data shall be established to adequately delineate the southerly tract boundary with respect to right-of-way needs for the following improvements: a. Santa Aha freeway widening. b. Jamboree Road interchange. c. Collector distributor roads for . future Eastern Corridor/I-5 connection. The typica~ section (G-G) on the map indicates a distance of 230 + feet from freeway centerline to tract boundary. The scaled distances Tn the plan view section of the map reflects a range of 175 + ft. to 215 + ft. The preliminary freeway geometrics delinete a need fora scaled distance of 175 + feet maximum for the proposed freeway widening and a northbound on-ramp-~or the Jamboree Road interchange. These needs shall be clarified at the earliest feasible date prior to map recordation. This clarification will also be needed for the determination of the Laguna Road alignment/location. 4. Dedication of adequate right-of-way shall be provided on Lots 3 and 4 to accommodate the greatest extent of right-of-way requirements for the Jamboree Road/Inters~ate 5 interchange as determined by the City Engineer. Building Permits will not be issued for any structure on Lot 4 and the southern portion of Lot 3 as determined by the Community Development Director and City Engtneerv until such time the ultimate right-of-way needs have been determined. Any decrease in area for Lots 3 and 4 from that shown on the tentative map will result in an equalivalent decrease in the number of dwelling units. ~,,,... Community Development Department Conditions of Approval Tentative Tract No. 12345 page t~o 10. Preparation and submittal of a final grading .plan delineating the following information: a. Final street elevations at key locations. b. Final pad/finish floor elevations and key elevations for all sit~ grading.' All final pad elevations to be a minimum of 1.0 ft. above the base flood elevation as defined by FI[MA. c. Location and elevations of all flood protection berms related to Tract No. 12345. d. All flood hazard areas of record. Preparation of a sedimentation and erosion control plan for all construction work related' to Tract No. 12345. Provision for maintenance and ownership of the flood protection berms and associated landscaping to be the responsibility of the adjoining homeowners' association, lighting/landscape maintenance district and/or the city of Tustin, with said determination to be made prior to recording the final map. Provision for irrevocable easements for the required term of all flood protection betas in. favor of the adjoining Association and/or the city' of Tusttn, with said determination to be made prior to recording the final map. Annexation of land within this development into an appropriate street lighting district to provide for on-going maintenance and energy cost of said system. Preparation of plans for and construction of full improvements for all streets within the boundary of said tract map. These improvements shall include the widening of the easterly half of Browning Avenue, the southerly half of Bryan Avenue to its ultimate alignment and all required transitions, and Streets A and B. Improvements will include, but not be limited to, the following as determined by the City Engineer: g. h. i. j. k. Curb and gutter/cross gutters Sidewalk Drive aprons Street paving Street signing and striping Landscaping/facilities Sanitary sewer service facilities Domestic water service facilities Reclaimed water service facilities Gas, electric, telephone, cable t.v. facilities Traffic signal facilities - Laguna Rd./Jamboree Rd. - 25~ of cost' Bryan Ave./Jamboree Rd. - 66 2/3 % cost Bryan Ave./Browning Ave.- $0[ of cost Browning Ave./Laguna Rd.- 33.1/3[of cost Community Development Department Conditions of Approval Tentative Tract 12345 page three Existing perimeter streets, Browning Avenue and Bryan .Avenue, shall be slurry seal coated the full pavement width from curb face to curb face prior to restrtping the widened street tn~rovement. 12. Preparation of plans for and construction of all sanitary sewer facilities as required by the City Engineer. These facilities shall include a gravity flow system pursuant to standards of the Irvine Ranch Water District. 13. Dedication of all required street and flood control right-of-way as defined by the City Engineer. 14. Placement of all above ground roadway appurtenances such as signing, street lights and fire hydrants behind the sidewalk when said sidewalks are constructed adjacent to the curb. 15. Preparation of plans for and construction of a domestic water system to the standards of the 1trine Ranch Water District/City of Tustin Water Service, whichever is applicable at the time of' plan preparation. Any required reclaimed water systems shall be constructed to the required standards of the Irvine Ranch Water District. 16. Preparation' of a hydrology and hydraulic study of ~the tributary area t~acttng the proposed development. Preparation of plans for and construction of all storm drain facilities as required by the' City Engineer and Caltrans. when applicable and pertaining to their facilities. 17. Cash/surety deposit, if deemed necessary by the City Engineer, for the reconstruction of Street "B" at locations adjacent to temporary flood protection bermtng to return roadway interim profiles to long term grades when berms are no longer required for flood protection purposes. 18. Dedication of all vehicular access rights to Jamboree Road, Bryan Avenue and Browning Avenue except at designated street openings. Dedication of all vehicular access rights to Laguna Road, except at approved driveway openings, as designated on the final development site plan subject to the City Engineer's approval. 19. Reservation as determined by the City Engineer of adequate right-of-way for future Interstate 5 Santa Aha freeway widening. 20. Relocation of the sub-grade fuel lt~e facility within this tract to the satisfaction of the City Engineer and the San Diego Pipeline Company. 21. Removal of the abandoned railroad right-of-way easement within the tract boundary. Community Dcveloprncn~ Department Conditions of Approval Tentative Tract 12345 page four 22. Payment of all required Orange County Sanitation District No. 7 sewer connection fees that may be required as a result of 'the tnterlm connection to ~he Distrtct 7 facilities, at the time initial building permits are tssued. 23. Prior to the recordation of a final map for any portion of, or all of the land delineated in Tentative Tract No. 12345, the subdivider shall enter into an agreement with the city of Tusttn for participation in a fee program (if adopted by the Tustin City Council) for implementation of the Eastern/Foothill Transportation Corridor. Said agreement shall provide that: a. The fee shall not~ exceed that amount as established by the nine participating agencies within the area of benefit. b. Subdivider or Builder obligations to pay fee would only commence after the city establishes a fee program but not prior to issuance of building permits. c. Subdivider or Builder obligations to pay fee would cease if the fee program were not established within three years of the issuance of building permits or recordation of final tract map. 24. As detailed in the Final Environmental Impact Report No. 84-3, an earth berm topped with a masonry wall shall be constructed along the Interstate 5 freeway right-of-way of Lots 3, 4, 5 and 7 where directly exposed to the freeway as determined by city staff. The final cross section design, height and. construction materials shall be determined by an acoustical engineer subject to city Planning Commission approval prior to construction of the buffer or issuance of any building permit on these lots. 25. Pursuant to City Code, the new development tax shall be paid prior to recordation of future builder subdivision maps on any individual Lot or at building permit issuance where'a future subdivision map is not required. 26. Tract No. 12345 may.create conditions of overcrowding within the Tustin Unified School District attendance area, but such finding by the District Board of Trustees has not been "supported by clear and convincing evidence" in the District's Resolution No. 01-02-85 pursuant toGovernment Code Section 65971. Should documented evidence be submitted by the District supporting their findings in Resolution No. 01-02-85, specifically attributable to Tract No. 12345, the developer shall be responsible for mitigating overcrowding conditions by providing interim Community Development Department .~Condi.ttons of Approval Tentative Tract 12345 - page five 30. classrooms and related facilities pursuant to Government Code Section 65974 at such time development occurs. Until such time, the Tustin Unified School District should continue to examine available options as granted by state law and outlined in Final EIR 84-3. The applicant/developer (The Irvine Company) shall assist and work with the' School District in evaluating these options, and submit a report to the Planning Commission within 30 days of approval of this tentative tract outlining feasible mitigation measures for documented overcrowding within the Tustin Unified School District attendance area, which is attributable to Phase I development 27. Pursuant to the city's Parkland Dedication Ordinance, this tract s~all · provide for the dedication of 8.8 acres of land and/or improvements for park purposes. The proposed 4.25 acre park site shall be dedicated to the city with the remaining 4.75 acre obl-igatton satisfied through land dedication elsewhere in the East Tusttn Specific Plan area or offer of dedication secured by separate agreement between the city and The Irvine Company and/or an offer of dedication of land and improvements for.private recreational facilities within the tract. Th~ distribution of the total amount of acreage for this tract will follow the proportions established in the city's Recreation Element between public community and private/public neighborhood facilities. The 4.25 acre park site 'in compliance with the Parkland Dedication Ordinance shall be rough .graded free of obvious rock of construction by-product material with the following public improvements provided to the satisfaction of the City Engineer' and Director of Community Services: a. Full street improvements along Laguna Road and Street B including but not limited to curb, gutter, sidewalk, street Hghttng and signing. b. Public utility laterals of a sufficient size including water, electricity, sewer, storm drain, natural gas and telephone communication shall be installed, to the park site property line. 28. Development density shall be 'regulated by the adopted Planned Community Zoning Regulations for Phase I Residential/East Tustin. The density calculations provided on the subdivision map are for informational purposes only and are superceded by the zone regulations. 29. All applicable mitigation measures detailed in Final EIR 84-3 are hereby incorporated as conditions of approval for Tract No. 12345 and subsequent tracts recorded within this project boundary. Prior to the issuance of a grading permit, a storm drain phasing plan that addresses interim flood protection in the Browning Avenue area shall be prepared by the Irvine Company and reviewed and approved by the City Engineer. Community Development DePartment TRACT NO. 12;545 MiIIIBII~P ~[IIT IIFIGLII[ TILL[ INSUIINI(~ MANT OF CAI. IFBIA. film r,..I, CLS]I ~ C)ICX ~ {~, mmmm m m mmm m CITY .PLNIIliltO CQNll#I ..,.,.. NOTE TRACT NO. 12:545 JMII~ R. (~N~iO~, L.S. 4~ O~TE OF 9I~ ,k4gl~. ~ WTAX C:OLLECTOro CI:RTtFleITE 8LOCK 4.4 .'~. ."~;'-'~. BAITS 0F ~.NIINO$ NOTE SIOOATt,fllE 0fit~at01IS NOtE TRACT NO,. 12545 milt ~ mM' I?~, 72' 74},7 \ I I / / / / /.~T / t TI, tACT NO. 12345 D$?,411. ~ // LGT Z / / TifACT NO. 12545 /.OT 5 I I / / / NOTES~ TRACT NO. 12545 I..~? $ LOT .~'~ ff r I TRACT NO. 12345 .¢ LOT 3 LOT 4 /i~///v'/=..-',.~ SUSDIV'/~c/O/'~: · TRACT NO. 12545 IN Tfl~ tiT? gtr TUSI'TN. -e-~_~T't' air CivileS, STAT~r ~Ir GAL, IFMII~. __1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 9.0 21 22 23 25 26 27 28 RESOLUTION NO. 86-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING FINAL TRACT MAP NO. 12345 The City Council of the city of Tustin does hereby resolve: The City Council finds and determines as follows: That Final Tract Map No. 12345 was submitted to the City Council by Monica Florian on behalf of The Irvine Company for the purpose of creating a 27 lot (8 numbered and 19 lettered) subdivision from a portion of lots 21, 22, 2?, 28 of Block 44 of Irvine's subdivision as shown filed in Book 1, page 88 of Miscellaneous Record Maps, in the office of the County Recorder of said Orange County, California. B. That a public hearing was duly called, noticed and held for said map. That an Environmental Impact Report has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project. De The proposed subdivision is in conformance with applicable ordinances, policies and standards of the city of Tustin, evidenced by the following findings: That the proposed map is consistent with the Tustin Area General Plan. 0 That a Development Plan with Planned Community Zoning regulations has been adopted for this project, and this map is in conformance with the Plan and regulations. e That the site is physically suitable for the type of development. 4. That the site is physically suitable for the proposed density of development. That an ordinance requiring the dedication of land for parks is in conformance with the Recreation Element of the Tustin Area General Plan. That the Tusttn Unified School District has signed an agreement with The Irvine Company determining the future school needs of this area. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 86-55 page two II. F. That the Final Map is in substantial compliance with the Tentative Map. The City Council hereby recommends approves Final Tract Map No. 12345, subject to: A. Final approval of the City Engineer That there be a provision for landscape maintenance for areas within the public right-of-way between the back edge of the sidewalk and the property line, to be the respontbtlity of either the adjoining property owner or the Community Association. This provision shall be part of a maintenance agreement which satisfies Conditions 1,2 and 7 of City Council Resolution No. 85-68. PASSED AND ADOPTED at a regular meeting of the Tustin City Council on the day of ,.1986. DONALD J. SALTARELLI, Mayor MARY E. WYNN, City Clerk EXHIBIT "B" AGREEMENT IN SATISFACTION OF PARKLAND DEDICATION CONDITIONS: TENTATIVE TRACT MAP NO. 12345 THIS AGREEMENT is entered into as of , 1986, by and between the City of Tustin ("City") and The Irvine Company ("Company"). RECITALS A. The Company is the owner and developer of all of that land (the "Subdivision") conditionally approved for subdivision and development by the City's approval of Tenta- tive Tract Map No. 12345. The Company is also the owner of that land northerly and easterly of the Subdivision compris- ing the East Tustin Specific Plan area, generally shown on Exhibit "A" hereto (the "Specific Plan area"). B. The City has adopted a Parkland Dedication Ordinance under the authority of and implementing the Quimby Act, Government Code section 66477. The Quimby Act autho- rizes cities such as the City to require as a condition to RKB8-Y:07 04-29-86 approval of a subdivision map the dedication of land for community and neighborhood parks, or the payment of in lieu fees, on the ratio of three acres of land for every one thousand persons projected to reside in a new subdivision. The residence projection must be based upon a presumed aver- age number of persons per household based upon census or similar data. Moreover, the Quimby Act provides that a sub- division such as that conditionally approved by Tentative Tract Map No. 12345 may be eligible for a credit against any parkland dedication or in lieu fee requirements for the value of private open space within the subdivision available for active recreational uses. Therefore, a precise calcu- lation of parkland acreage to be dedicated or in lieu fees to be paid for a subdivision can only be made when the total number of units to be built are dete£mined, and the eligi- bility of the private open space for credits which may be considered by the City Council. C. Pursuant to the Recreation Element of the City's General Plan, the City has further detef,,ined that land dedicated for parkland purposes, or eligible for cred- it, under the Parkland Dedication Ordinance shall be dis- tributed equally between public community parks and private/public neighborhood parks, as those te£.~s are defined in the Recreation Element. 2 04-29-86 D. Pursuant to the Quimby Act and the Parkland Dedication Ordinance, the City imposed a Condition No. 27 to approval of Tentative Tract Map No. 12345, which requires the Company to dedicate approximately 4.25 acres as a neigh- borhood park site (the "Park") in the Subdivision, and to agree to dedicate additional land in the future in the Spe- cific Plan area for community park purposes, and neighbor- hood park purposes if appropriate, as may be necessary to satisfy the partial parkland dedication requirements of the City's Parkland Dedication Ordinance. No in lieu fees were assessed. Nonetheless, while the applicable zoning allows a maximum number of dwelling units to be built in the Subdivi- sion, the actual number of units that will be built is yet to be determined. That will be done at the time the City approves the design of improvements in the Subdivision as a part of the City's design review process, or the City approves subsequent builder-submitted tentative tract maps for the buildable lots in the Subdivision. Therefore, the actual parkland dedication obligation for development of the Subdivision will depend upon those subsequent reviews and approvals. E. In view of the foregoing, and in satisfaction of Condition No. 27 to the City's approval of Tentative Tract Map No. 12345, the City and Company now desire to 3 04-29-86 enter into this Agreement providing for (i) the dedication of parkland for development of the Subdivision as ultimately calculated with ultimate development of the Subdivision, (ii) the provision of a credit for any excess dedications made, as dete~.,ined by that calculation, to be applied to future subdivisions of the Company, and (iii) the improve- ment of the dedicated parkland. AGREEMENT NOW, THEREFORE, for valuable consideration mutual- ly received, and in full satisfaction of Condition No. 27 to Tentative Tract Map No. 12345, the parties agree as follows: 1. The Company shall dedicate the Park (which is Lot 6 of Tentative Tract Map No. 12345) to the City upon approval and filing of the final map for the Subdivision, and the City shall accept, or accept subject .to improvement as provided in paragraph 2, that dedication at the time of approval of the final map therefor. The City's acceptance of the Park dedication shall be subject to the City's prior approval of a soils report for the Park, to be provided by the Company. 4 04-29-86 2. The Park, at the time of acceptance of the dedication, shall be rough graded free of obvious rock or construction by-product material with the following public improvements provided to the satisfaction of the City Engi- neer and Director of Community Services: a. Full street improvements along E1 Camino Real and Park, including but not limited to curb, gut- ter, sidewalk, street lighting and signing; and b. Public utility laterals of a sufficient size, including water, electricity, sewer, storm drain, natural gas and telephone communication, installed to the Park property line. 3. Notwithstanding the estimated average dedi- cation acreages contained in Condition No. 27, the actual parkland dedication requirement for development of the Sub- division (estimated in Condition No. 27 at 8.8 acres) will be dete£mined upon approval of subsequent builder tentative tract maps or design review submittals. For these purposes, the City shall maintain a current cumulative total of the number of units approved for construction based upon such subsequent approvals or reviews, a cumulative total of the acres of parkland required to be dedicated under the City's Parkland Dedication Ordinance for that number of units (based upon the Parkland Dedication Ordinance in effect as 5 04-29-86 of the date of this Agreement.), and a cumulative total of the acres of parkland dedicated, or eligible for credit pur-- suant to this Agreement, against that requirement. 4. As subsequent builder tentative tract maps or site designs are approved or reviewed for the Subdivision, partial neighborhood park dedication credit may be awarded for private park sites and improvements when deemed benefi- cial to the community by the City Council upon the recommen- dation of the Planning Commission. 5. Immediately following-the last builder tenta- tive traot map approval or site design review, the City shall calculate the final totals under paragraphs 3 and 4. Based upon those final totals, the Company shall be required to dedicate (if it has not already done so as of the calcu- lation of the final totals) land equ~l to one-half of that total for community park purposes in Sector 11 of the Spe- cific Plan area, generally as shown in the East Tustin Spe- cific Plan, as part of the subdivision of Sector 11. In addition, based upon such final totals, (a) if the total of the acres dedicated in the Park are less than required to be dedicated for neighborhood park purposes (i.e., one-half of the total dedication requirement, taking into account cred- its awarded pursuant to paragraph 4), the Company shall ded- icate additional neighborhood parkland in Sector 11 to the 6 - 04--29-86 extent of such deficiency, or pay in lieu fees therefor, as dete£mined by the City, or (b) if the total of the acres dedicated in the Park exceed those required to be so dedi- cated pursuant to the final totals, the Company will receive a credit in the amount of such excess to be applied toward future subdivisions in the Specific Plan area. 6. The City and the Company agree that it is mutually in their interests to expeditiously provide for improvement of the Park following filing of the final map for Tentative Tract Map No. 12345. Ordinarily, the City would improve the Park with fees collected upon issuance of building pe£mits pursuant to section of the Tustin Municipal Code (the "New Construction Fees"). However, in order to expedite improvements to the Park, (a) the City agrees expeditiously to solicit bids and award a contract for the design of the Park improvements and immediately fol- lowing approval of that design, to solicit bids and award a contract for the construction of the Park improvements, and (b) the Company agrees to deposit with the City prior to the award of the design contract an amount equal to the lowest responsible bid for the design of the Park improvements, and prior to the award of the construction contract an amount equal to the lowest responsible bid for the construction of the Park improvements, provided, however, that the total of 7 04-29-86 the amounts to be so deposited by the Company does not exceed $500,000.00. The amounts so deposited by the Company will be invested by the City in an interest bearing account and shall be used by the City only for payments on the con- tracts let for the design and construction of the Park improvements. Any funds remaining in the account after the completion of the design and construction of the Park improvements and the final payments to the City's contrac- tors pursuant to the contracts shall be refunded to the Com- pany. The amount of the funds deposited by the Company and drawn upon by the City for payments under the contracts for the design and construction of the Park improvements shall be (i) credited first against future New Development Tax for building permits for improvements in the Subdivision, and any excess shall be credited against future New Development Tax for building permits in the Specific Plan area, on a dollar-for-dollar basis, (ii) or any excess shall be refunded by the City to the Company. The City agrees to let and administer the design and construction contracts of improvements to the Park, and to allow the Company adequate opportunity to review and comment upon all plans for such improvements before construction contracts are let. The City agrees that the plant materials utilized for Park land- scaping shall be complementary with the streetscape planting 8 04-29-86 and landscape plan for the Subdivision. The City and Com- pany shall use their best efforts to cause construction of the improvements to the Park to commence not later than one month after issuance of the first building permit to be issued within the boundaries of Tract No. 12345. The Com- pany and City shall in good faith execute a separate agree- ment setting forth their mutual obligations under this paragraph if required to satisfy the City's consul- tants/contractors. 7. Each party agrees to cooperate in good faith with the other, and to execute and deliver such further documents and perfof,, such other acts, as may be reasonably necessary or appropriate to consummate and carry this Agree- ment into effect. 8. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and any assigns. The Company may assign its rights hereunder to any nominee after giving sixty (60) days prior written notice to the City. The Company shall submit copies of any such assignment to City in a timely fashion. 9. Time is of the essence of each provision of this Agreement in which time is an element. 9 04-29-86 10. This Agreement contains the entire agreement and understandings concerning the subject matter between the parties and supersedes and replaces all prior negotiations and proposed agreements,' written and oral. Each of the parties hereto acknowledges that nO other party, nor any agent or attorney of any other party, has made any promise, representation, or warranty whatsoever, express or implied, not contained herein, concerning the subject matter hereof, to induce it to execute this Agreement, and acknowledges that each has not executed this Agreement in reliance upon any such promise, representation or warranty not contained herein. 10 04-29-86 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. ATTEST: CITY OF TUSTIN, a municipal corporation City Clerk City of Tustin By Mayor, City of Tustin APPROVED AS TO FORM THE IRVINE COMPANY, a Michigan corporation, City Attorney City of Tustin By Vice President By. Assistant Secretary 11 04-29-86 EXHIBIT C LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is entered into this__day of May, 1986, by and between the CITY OF TUSTIN, a municipal corporation ("City"), and THE IRVINE COMPANY, a Michigan corporation ("Company"). RECITALS A. This Agreement concerns all of that real property owned by Company as shown on Tract Map No. 12345, and as further described in Exhibit "A" attached hereto and incorporated herein by this reference. B. The Conditions of Approval of Tentative Tract No. 12345, as approved by the City Council of the City by Resolution No. 85-68, passed and adopted July 15, 198§, and a Condition of Approval of the Final Tract Map No. 12345, as approved by the City Council of the City by Resolution No. 86-55, passed and adopted May 5, 1986, require that provisions be made for the ownership and maintenance of certain landscape areas. C. It is the desire and intention of the parties hereto to provide for the ownership and maintenance of certain landscape areas within Tract No. 12345 to satisfy conditions 1, 2 and 7 of the Conditions of Approval for Tentative Tract No. 12345 and the Condition of Approval for Final Tract Map No. 12345 relating to landscape maintenance. NOW, THEREFORE, in consideration of the premises and mutual covenants herein and expressly for the benefi~ of, and to bind, their respective successors in interest, the parties-hereto agree: as follows: · - 1. Lots A through S and Lot 8 are sometimes referred to herein as the "Landscape Property". With the exception of Lots G, H and 8, the Landscape Property shall be owned and maintained by the Company or a developer, homeowner's association or other transferee to which all or a portion of the Landscape Property shall be conveyed. Ail lots within the Landscape Property which are not conveyed to a developer, homeowner's association or other transferee shall continue to be owned and maintained by the Company. 2. After completion of the Browning Avenue Overpass, Lots G, H and 8 shall be owned and maintained in the same manner as provided in paragraph 1 for the remainder of-the Landscape Prop- erty. 3. Those areas within the public right-of-way between the curb and meandering sidewalks (the "Curb Areas") in or adjoining the Landscape Property shall be maintained in the same manner as provided in paragraphs i and 2 above. 4. Those areas within the public right-of-way in Tract No. 12345 between the back edge of the sidewalk and the property line ("Sidewalk Areas") shall be maintained by the Company or by a developer, homeowner's association, adjoining property owner, or other transferee to which all or a portion of the property in Tract No. 12345 adjoining the Sidewalk Areas shall be conveyed. Ail lots adjoining the Sidewalk Areas in Tract No. f2345 which are not conveyed to a developer, homeowner's association or other transferee shall continue to be owned and maintained by the Company ........ -, 5. The flood protection berms ("Berms") shall be owned and maintained by the Company or a developer, homeowner's association or other transferee to which all or a portion of the Berms will be conveyed. Those Berms not conveyed to a developer, home- owner's association or other transferee shall continue to be owned and maintained by the Company. 6. If the Company assigns, conveys or otherwise transfers all or any portion of the Landscape Property, the lots adjoining the Curb Areas, the lots adjoining the Sidewalk Areas in Tract No. 12345, and/or the Berms, the obligations of the Company under this Agreement may be transferred to, assigned to and assumed by the transferee, whether or not the instrument of conveyance by which the transferee acquired such interest refers to this Agree- ment. The documentation evidencing such transfer, assignment and assumption ("Documentation") shall also provide, that the' devel- oper (or other transferee) shall remain obligated under this Agreement until such time as a homeowner or other community association shall have assumed such obligations pursuant to a recorded set of covenants, conditions and restrictions running with the transferred property and binding all future owners thereof. A copy Of the Documentation shall be provided to City's Director of Community Development. In the event of any convey- ance by Company in accordance with this paragraph, the COmpany shall be released from all obligations relating thereto. 7. This Agreement shall constitute satisfaction of Condi- tions 1, 2 and 7 of the Conditions of Approval for Tentative Tract No. 12345 and the Condition of Approval regarding.landscape~' 3 maintenance for Final Tract No. 12345. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. THE IRVINE COMPANY, a Michigan corporation By: C. Bradley Olson Vice President By: Tom Sakai Assistant Secretary CITY OF TUSTIN, a municiDal corDorati0n ATTEST: By: Mayor City Clerk, City of Tustin APPROVED AS TO FORM: City Attorney, City of Tustin LEJ:lw:D:4/30/86(31)