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HomeMy WebLinkAbout23 - Approving an Amendment to the North Newport Center Planned Community (PC-56) - CorrespondenceRUTAN RUTAN & TUCKER, LLP April 29, 2025 VIA E-MAIL AND FIRST-CLASS MAIL Honorable Mayor and Members of the City Council City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Joseph D. Larsen Direct Dial: (714) 641-3418 E-mail: jlarsen(a,)rutan.com Re: Application for Residential Development and Amendment to North Newport Center Planned Community Development Plan/Development Agreement Proiect File No.: PA2024-0173 Honorable Mayor and Members of the City Council: This letter is submitted on behalf of 180 Newport Center, LLC, the owner, and 180 Investors, LLC, the ground lessee, of the property located at 180 Newport Center Drive (collectively referred to herein as "180 Newport Center"). We appreciate the opportunity to provide comments on Agenda Item 23 for the upcoming City Council meeting on April 29, 2025, titled "Ordinance Nos. 2025-7 and 2025-8, and Resolution No. 2025-19 Approving an Amendment to the North Newport Center Planned Community (PC-56)." This agenda item pertains to proposed amendments to the PC-56 Development Plan and related approvals for the Newport Center area, including the proposed residential community at Block 100, currently known as the Gateway Plaza (the "Subject Property"). While 180 Newport Center does not oppose the concept of residential development at the Subject Property, any proposed development must be carefully planned to ensure that it does not infringe upon 180 Newport Center's recorded property rights and interests in the Subject Property. As the City considers these proposed amendments, we respectfully request that careful attention be given to the protections and obligations set forth in the following recorded instruments, copies of which are enclosed for the City's reference: 1. 1991 Declaration of Covenants, Conditions, Restrictions, and Easements — Recorded in the Official Records of Orange County on November 18, 1991, as Instrument No. 91-627003 (the "1991 CC&Rs"); 2. 1976 Declaration of Covenants and Restrictions and Grant of Easement — Recorded in Book 11831, Page 310 of the Official Records of Orange County on July 29, 1976 (the "1976 CC&Rs"); 2284/015767-0014 21901006.1 a04/29/25 RUTAN RUTAN 6 TUCKER, LLP Honorable Mayor and Members of the City Council April 29, 2025 Page 2 3. 1973 Land Use Agreement between the owner and the City — Recorded in Book 10878, Page 581 of the Official Records of Orange County on August 30, 1973 (the "Land Use Agreement"). Under both the 1991 CC&Rs and 1976 CC&Rs, the parking areas and other common areas within the Subject Property, as well as all improvements now or hereafter situated thereon, may be used non -exclusively by the owners of various lots within the Subject Property and Gateway Plaza, including 180 Newport Center. Additionally, the 1991 CC&Rs specifically grant 180 Newport Center access rights and impose restrictions on the Irvine Company that prohibit any changes to the common areas that would unreasonably obstruct, restrict, or interfere with 180 Newport Center's necessary use of its site, including any improvements thereon, or reasonable access to or from a dedicated public street or right-of-way. The Land Use Agreement further limits the use of Parcels A & B of the Subject Property to open space, parking, landscaping, and access ways serving the other numbered sites within the Subject Property and Gateway Plaza, including 180 Newport Center's site. Importantly, the agreement states that "parcels A & B will remain free and clear of any structures." While it does provide the Irvine Company, its successors, and assigns with the right to erect structures within the common area of Parcels A & B, such development is subject to review and approval by the Planning Commission upon demonstration of compliance with parking, building height, separation, and grading requirements under the Newport Beach Municipal Code. As an owner of a site within the Gateway Plaza, however, 180 Newport Center is also a successor -in -interest to the Irvine Company concerning this Land Use Agreement, meaning that any proposed construction within the common areas requires approval from 180 Newport Center. Accordingly, we urge the City to ensure that the proposed amendments do not adversely impact 180 Newport Center's recorded property rights, including, but not limited to: • Preserving access to and from our site; • Preventing unreasonable interference with parking, ingress, and egress; • Ensuring compliance with restrictions that require Parcels A & B to remain free and clear of structures unless properly reviewed and approved — including approvals from 180 Newport Center; • Protecting against any obstruction or restriction that would interfere with the reasonable and intended use of 180 Newport Center's site, including but not limited to unreasonable impacts on parking, access, and views. 2284/015767-0014 21901006.1 a04/29/25 RUTAN RUTAN 6 TUCKER, LLP Honorable Mayor and Members of the City Council April 29, 2025 Page 3 180 Newport Center remains committed to working collaboratively with the Irvine Company, the City, and other stakeholders to facilitate thoughtful development that aligns with the City's General Plan while respecting the legal protections afforded to existing property owners. We appreciate the Planning Commission's consideration of these concerns and look forward to continued discussions on this important matter with the Irvine Company and City staff. Thank you for your time and attention. Very truly yours, RUTAN & TUCKER, LLP Joseph D. Larsen JDL Enclosures cc: Kevin Martin, Vice President, Development, Irvine Company Mark Perlmutter, President, DMP Properties 2284/015767-0014 21901006.1 a04/29/25 Exhibit "1" 2284/015767-0014 21881743.1 a03/04/25 RECORDING ROOM BY 91-627005 QiICAGO TIT INS. Co. REDORDED' 11-' lL R� OS - Ur RECORDING REQUESTED BY: Ofi CJid1NGE COUNTY, CAU WHEN RECORDED, RETURN TO: -10H AM NOV 18'91 N Li n Nt 6 Q REDaACf:P KRO,,.2 O'MELVENY 6 MYERS Other 610 Newport Center Drive Suite 1700 Newport Beach, California 92660 Attention: Lewis E. Miller, Esq. $ (413,102-192) DECLARATION OF COVENANTS, CONDITIONS, RESTRXCTIONS AND EASEMENTS (BLACK 100 NENPORT CENTER) THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS ("Declaration") is made as of November 11 1991 by THE IRVINE COMPANY, a Michigan corporation ("Declarant"). ARTICLE I 1.01 Declarant is the fee owner of all that certain real property in the City of Irvine, County of Orange, State of California, commonly known as the 100 Block of Newport Center as shown on Exhibit A attached hereto and more particularly described as follows (the "Property"): Parcels A and 1 in the City of Newport Beach, County of Orange, State of California, as per Map filed in Book 76, Page 32 of Parcel Maps, in the office of the County Recorder of said County, and Parcels B and 2 through 9, inclusive, in the City of Newport Beach, County of Orange, State of California, as per Map filed in Book 52, Page 37 of Parcel Maps, in the office of the County Recorder of said County. 1.02 In order to establish a general plan for the continued use and maintenance of the Property, Declarant wishes to establish certain covenants, conditions, restrictions and easements ("Covenants") running with the land, notwithstanding any sale, transfer or other division of the fee ownership of the Property that may hereafter occur. MUM 1 11/06/91 Blcck106 NOW, THEREFORE, Declarant hereby declares as follows: ARTICLE I!: 2.01 Est4blisbment of Covenants. Declarant hereby declares that the Property is now held, and shall hereafter be held, transferred, sold, leased, conveyed and occupied subject to these Covenants, each of which is for, and shall inure to the benefit of and pass with, each and every portion of the Property and shall apply to and bind the heirs, assignees and successors in interest of any Owner (as hereinafter defined) thereof; provided, however, that the Covenants shall be enforced only by Declarant or its assigns except as provided in Section 6.02 below. 2.02 & pose of_Cgysnants. The purpose of these Covenants is to provide adequate access to adjoining public streets, to provide for the maintenance of the Common Area (as hereinafter defined) and the payment of the costs thereof and to enhance and protect the value, desirability and attractiveness of all the Property. 2.03 Definitions. (a) "Common Area" shall mean (i) all portions of Parcel B in the City of Newport Beach, County of Orange, State of California, as shown on map filed in Book 52, Page 37 of Parcel Maps in the Office of the County Recorder of said County; (ii) all portions of Parcel A in the City of Newport Beach, County of Orange, State of California, as shown on map filed in Book 76, Page 32 of Parcel Maps in the Office of the County Recorder of said County; and (iii) to the extent maintained from time to time by Declarant as Common Area in connection with the Property, all other portions of the Property outside the defined exterior walls and appurtenant structures of buildings located from time to time on building sites within the Property which are hereby reserved by Declarant for ingress, egress and landscaping purposes, together with any such adjoining land, sidewalks, curbs, utilities, landscaping, gutters and rights of way as are maintained as Common Area. (b) "Declarant" shall mean The Irvine Company, a Michigan corporation, and all successors, assigns or designees who shall assume the obligations of, and to whom Declarant shall specifically assign in writing the right to enforce, these Covenants. (c) "Improvements" or "Structures" shall mean and include buildings, outbuildings, interior space improvements, parking or loading areas, roadways or walkways, display or storage areas, fences, walls, poles, signs, hedges, mass or large plantings, and all other structures of any kind located above the ground level of any Site, and 7n2201= 2 11/06/91 B1"ek 100 any replacements, additions, repairs or alterations thereto of any kind whatsoever, whether interior or exterior. (d) "Owner" shall mean each and every fee owner of the Property or any portion thereof or interest therein from time to time, and any successors, heirs or assigns thereof, as to each during the term of its ownership; vrevided, however, "Owner" shall not be deemed to include any person or entity owning or holding solely a leasehold interest in any portion of the Property. (a) "Regulations" shall mean all present or future applicable laws, statutes, codes, ordinances, rules, regulations, limitations, Covenants, orders, judgments or other requirements of any governmental authority having jurisdiction. (f) "Site" shall mean each separate legal parcel within the Property, except that two or more contiguous legal parcels under common ownership shall be deemed to be a single Site. (g) "Users" shall mean all lessees, licensees, representatives, agents, employees, guests, users or invitees of an Owner. ARTICLE III COMMON AREA; ACCESS EASEMENTS; PARKING ALLOCATION: COSTS 3.01 ,Creation of Easements. Declarant hereby covenants and grants for the benefit of itself and each of the Sites and every portion thereof, and all Owners and Users thereof, a nonexclusive easement and right of vehicular and pedestrian ingress and egress over the driveway or roadway portions of the Common Area and all entrances or exits thereon, all as existing from time to time (herein collectively, the "Access Areas"), for the purpose of providing ingress or egress to or from any public street adjoining the Property. Such rights and easements are specifically made subject to reasonable rules and regulations (herein called the "Rules and Regulations") adopted or modified from time to time by Declarant. 3.02 Parkins: in Common Area. Declarant hereby covenants and grants for the benefit of itself and each of the Sites and every portion thereof, and all Owners and Users thereof, a non-exclusive easement for parking purposes during normal business hours and on a non-exclusive basis on the portions of the Common Area maintained as non-exclusive parking areas. Without limiting the generality of the terms of Section 3.03 hereof, Declarant may enter into such agreements as it deems reasonable with respect to the use of parking spaces located on the Common Area, provided such agreements do not materially impair the rights granted each of the Owners hereunder. 7H2Z01KD 3 11100/91 Block 100 3.03 gbRnges in Common Area. Except as provided below, at any time and from time to time, Declarant may increase or decrease the size of, sell, re-parcelize, transfer, grant or convey interests in and otherwise deal with all portions of the Common Area other than such portions which are located on any Site or Sites owned by an Owner other than Declarant and may make any change in the alignment, location, phasing or configuration of the Common Area, the Access Areas or parking areas or other facilities upon or within the Common Area, all without the approval of any other Owner. User, or any holder ("Lienholder") of any deed of trust or other lien instrument encumbering any property affected hereby; subject, howey2r, to the following conditions: (a) no such change shall unreasonably obstruct, restrict or interfere with the necessary use by any Owner of any Site or any Improvement thereon for the purpose for which it was constructed, or reasonable access to or from a dedicated public street or right of way with respect to each such Site; (b) no such change shall materially impair the value of any Site or any building thereon; and (c) any such change shall conform to all governmental requirements and Regulations applicable thereto. No owner other than Declarant or its successors or assigns shall have the right to construct, maintain, repair, replace or operate any of the Common Areas or to use the same to display or sell goods or merchandise of any type. In the event of any such change described above, each of the Owners and all such Lienholders shall (if deemed necessary in Declarant's sole discretion and upon request by Declarant) join in the execution of any recordable amendment to this instrument or any other instruments reasonably related thereto or a consent or subordination to any of the foregoing in order to implement fully any such change, to the extent of any fee, lien, equitable, assessment or other rights or interest any Owner or Lienholder may have in or to any of such areas or facilities. In the event that any such Owner or Lienholder fails to execute any such amendment or such consent or subordination thereto within fifteen (15) days after written request from Declarant to do so, then each Owner or Lienholder thereof by accepting its interest therein thereby specifically agrees that Declarant may execute any such document as attorney -in -fact in the name, place and stead of any such person or entity. 3.04 Repair and Maintenance of Common Areas. (a) Declarant shall landscape and maintain the Common Area and shall keep the same free and clear of weeds, debris and rubbish, and in a neat, well -kept condition, Rrovided, however, Declarant may, at any time and from time to time, require any Owner, at such Owner's sole cost and expense, to maintain such portions of the Common Area as exist on such Owner's Site or Sites. (b) Within ten (10) days after the receipt of an itemized statement from Declarant showing "Maintenance Costs" (as hereinafter defined) paid or incurred during a particular period, each Owner shall pay its "Proportionate Share" (as hereinafter defined) of all such Maintenance Costs as itemized by Declarant on each such statement. 7M2101KD 4 11/06/91 Stock 100 Any or all of the foregoing services may be provided by Declarant or by an independent contractor or contractors, as determined in the sole discretion of Declarant. (i) As used herein, the "Proportionate Share" of Maintenance Costs to be borne by the Owner of any Site or Sites shall be calculated in accordance with the percentages shown opposite each of the Sites as set forth on Exhibit B attached hereto, provided, however, any such Proportionate Share may be amended or modified by an instrument signed by all Owners affected thereby so long as the total of all Proportionate Shares equals one hundred percent (100%). (Li) As used herein, "Maintenance Costs" shall include, but are not limited to, all actual costs and expenses from time to time of removing trash or garbage, planting, landscaping, and irrigating, utilities, water and sewer charges, security and fire protection, maintaining, repairing, replacing, surfacing, paving, painting, striping, cleaning, sweeping, operation of lighting, directional sign and other markers, real and personal property taxes and assessments, public liability and property damage insurance, finance and interest expenses, fees of independent general contractors, subcontractors, engineers or other consultants, and fees or charges of any other non -Declarant personnel to implement or perform any or all of such services, plus an amount not to exceed five (58) of all Maintenance Costs to cover the administrative, management and overhead expenses of Declarant with respect thereto. (c) At all times, Declarant shall have the sole and exclusive control of all Common Area. No Owner shall alter or obstruct the Common Area or construct on any portion thereof in any ways without the express written approval of Declarant, which approval may be withheld or denied in Declarant's sole discretion. In addition to any other remedies it may have, Declarant may, after giving ten (10) days' notice to an Owner who violates this provision, enjoin, remove or abate any such obstruction or alteration of the Common Area. In such event, Declarant shall be entitled to reimbursement from such Owner of all of Declarant's costs or expenses associated therewith, plus fifteen percent (15%) thereof as an administrative fee, plus interest on all such amounts owed at the maximum rate permitted by law from the date incurred until paid. 3.05 Common Area Improvement Amortization. Declarant, as landlord, has entered into certain leases (the "Ground Leases") for those Parcels identified as Parcel Nos. 1, 8 and 9 on the attached Exhibit A. :he Ground Leases are more particularly identified as follows: (i) that certain Ground Lease dated August 29, 1973 by and between Declarant and Glendale Federal Savings 6 Loan Association ("Glendale"), as amended by that certain Amendment No. 1 to Ground Lease dated June 30, 1976, by and between Declarant and Glendale (as amended, the "Parcel 1 Ground Lease"); 7MO1RD 5 11/06/91 HLock100 (ii) that certain Ground Lease dated October 22, 1973, by and between Declarant and Newport Coast Company ("NCC"), as amended by that certain Amendment No. 1 to Ground Lease dated May 27, 1977, by and between Declarant and Reica Properties, successor - in- interest to NCC (as amended, the "Parcel 8 Ground Lease"), the interest of NCC under the Parcel 8 Ground Lease has been assigned to IRES 022 Limited, a California limited partnership; and (iii) that certain Ground Lease dated July 20, 1973, by and between Declarant and George Bissell, Frank August and Robert Lawson (the "Parcel 9 Ground Lease"), the tenant's interest under the Parcel 9 Ground Lease has been assigned to Southwest Investors, a California partnership. Section 3(c) of each of the Ground Leases provides for the payment during the first twenty-five (25) years of the Ground Leases of an annual charge representing an amortization of the costs of certain improvements to the Common Area (the "Common Area Amortization"). The amount of the Common Area Amortization is set forth in Exhibit C attached hereto. In order to provide for the complete amortization of the costs of such improvements notwithstanding the termination of all or any of the Ground Leases as a result of the sale of any portion of the Property by Declarant, each of the Owners of Parcels 1, 8 and 9 as identified above hereby covenant and agree to pay to Declarant the Common Area Amortization in accordance with the terms of the Ground Lease applicable to the Site or Sites owned by such Owner. Unless otherwise expressly agreed to in writing by Declarant, the foregoing covenant shall be effective notwithstanding the termination of any Ground Lease. In the event of any assignment or transfer of Declarant's rights or obligations hereunder, Declarant shall have the right, in its sole discretion, to reserve the right to receive payment of the Common Area Amortization as provided in the Ground Leases. 3.06 Declarant'a Nonliability and Indemnity. (a) Each Owner hereby covenants and agrees not to hold Declarant liable for any loss, damage or injury of any kind or character to any person or property (i) arising from any use of the Common Area, or any part thereof, (ii) caused by or arising from any act or omission of Owner, or of any of its Users, (iii) arising from any accident in the Common Area or any fire or other casualty thereon, or (iv) arising from any other cause whatsoever, except as occasioned by the act or omission or neglect of any duty by Declarant or its employees. Owner, as a material part of the consideration of this agreement, hereby waives on its behalf all claims and demands against Declarant for any such loss, damage or injury of Owner. (b) Each Owner shall indemnify Declarant and save it harmless from and against any and all claims, actions, damages, liability and expenses, including attorneys' fees, in connection with loss of life, personal Injury and/or damage to property arising from or out of any occurrence in, upon or at the Common Area, or the occupancy or use by Owner of the Common Area or any part thereof, or arising from or out of Owner's failure to comply with any provision of this agreement, or otherwise occasioned wholly or in part by any act or omission of Owner or its Users. In case Declarant shall, without fault on its part, be made a party to any litigation commenced by or against Owner, then ?M2201KD 11/06/91 Black 200 6 Owner shall protect and hold it harmless and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by Declarant in connection with any such litigation. Declarant may, at its option, require Owner to assume Declarant's defense in any action covered by this Section through counsel satisfactory to Declarant. ARTICLE IV 4.01 Ineyeretion Rights. Declarant or its authorized representatives may, from time to time, at any reasonable hour, enter upon and inspect the Property, any Site or any portion thereof or Improvements thereon, to ascertain compliance with any of Covenants contained herein, but without obligation to do so or liability therefor. 4.02 Default and Remedies. Declarant, in its sole discretion, may enforce any one or more of the following remedies or any other rights or remedies to which Declarant may be entitled by law or equity, whether or not set forth herein upon the occurrence of: (i) any breach, default, noncompliance, violation or failure to perform or satisfy any of the Covenants contained herein, other than any obligation to pay money, which has not been cured within thirty (30) days after written notice (a "Default Notice") from Declarant to do so (or if any such breach is not reasonably susceptible of cure within such thirty (30) day period, then if Owner has not commenced promptly within the thirty (30) day period and thereafter diligently continued to prosecute such cure to completion); or (ii) the failure of any Owner to pay its Proportionate Share of any Maintenance Costs or to make any other payment due hereunder within ten (10) days of written notice of such failure to pay. To the maximum extent permitted by law, all remedies provided herein or by law or equity shall be cumulative and not mutually exclusive. Any Lienholder may deliver to Declarant a written request for receipt of a copy of any Default Notice affecting any Site in which such Lienholder holds an interest and Declarant shall deliver to such Lienholder a copy of any Default Notice concurrently with the delivery of such Default Notice to an affected Owner; provided, however, any such request shall specify the address to which such copy of a Default Notice is to be delivered and specify the description of the Site or Sites in which such Lienholder holds an interest. Any Lienholder may, at its option, elect to cure any default affecting a Site or Sites in which such Lienholder holds an interest within the time periods specified above. (a) Substitute Performance. Without any obligation to do so, Declarant at its option may: (i) pay any unpaid sums or settle or discharge any action therefor or judgment thereon; or (ii) enter an affected Site and any Improvements thereon and perform such work as may be necessary to resolve the same to the condition required hereunder; or (iii) provide other substitute performance of any obligations of the defaulting Owner at such Owner's expense. In any such event, the defaulting Owner shall immediately reimburse Declarant for all of Declarant's costs or expenses connected therewith plus 7MZZOIKD 11106/91 a lock 100 7 fifteen percent (15%) thereof as an administration fee for Declarant's services and overhead with respect thereto, plus interest on all such amounts owed at the maximum rate permitted by law from the date incurred until paid. (b) Damues. Declarant may bring a suit for damages for any compensable breach of any of the Covenants contained herein, or for declaratory relief to determine the enforceability of any of these Covenants, including all court costs, reasonable attorneys' fees and other costs of collection or enforcement related thereto. (c) Eguity. It is racognized that a breach by an Owner of one or more of the Covenants contained herein may cause Declarant to suffer material injury or damage not compensable in money and that Declarant shall be entitled to bring an action in equity or otherwise for specific performance to enforce compliance with these Covenants or for an injunction to enjoin the continuance of any, such breach thereof. (d) Abatement. Any breach of these Covenants or any provision hereof is hereby declared to be a nuisance, and Declarant shall be entitled to enter the affected Site or portion of the Property as to which the breach exists and summarily abate and remove, without further legal process to the maximum extent permitted by law, any structure, thing, or condition that may exist in breach of any of these Covenants, or to prosecute any remedy allowed by law or equity for the abatement of such nuisance against any person or entity acting or failing to act in breach of these Covenants, all at the sole cost and expense of the defaulting Owner or any person having possession under such Owner. Any costs or expenses paid or incurred by Declarant in abating such nuisance or prosecuting any such remedy (including all reasonable attorneys' fees and other costs of collection) and all other sums due hereunder, together with interest thereon at the maximum rate then permitted by law, shall be a charge against the affected Site, shall be a continuing lien thereon until paid, and shall also be the personal obligation of that person who was the defaulting Owner when such charges became due. (a) MortaaYe Lien. Subject to Section 4.05 hereof and in addition to any other rights or remedies hereunder, should a monetary default by any Owner not be timely cured, Declarant may deliver to such Owner and record in the Official Records of the County of Orange a notice of default and election to sell the affected Site, and assign any ground lease encumbering such Site (a "Ground Lease"), together with all improvements thereon, subject to any mortgage lien thereon (on either the leasehold estate created by any Ground Lease or on the fee estate of the defaulting Owner) which shall not be extinguished by such sale. Thereafter, unless all amounts legally due and owing to Declarant have been paid, and provided that all of the requirements of Sections 2920 et sea of the California Civil Code and of all other applicable statutes have been satisfied, Declarant or such trustee as Declarant may appoint ("Trustee") may cause the affected Site and 7"Z01/.0 8 11/06/91 B1ouk100 Improvements thereon to be sold at such time and place as may be fixed in said notice of sale or at such time and place to which the sale may be postponed as hereinafter provided without additional notice, either as a whole or in separate parcels, and in such order as Declarant or its Trustee alone may determine, at public auction to the highest bidder for cash in lawful money of the United States at the time of sale, or upon such other terms as Declarant or its Trustee may consider advisable. In the event of a sale of the affected Site and any assignment of any Ground Lease, as herein provided, Declarant shall have the right to require that the buyer thereof covenant and agree that the fee estate in the affected Site and any leasehold estate created by any Ground Lease shall not merge as a result of such purchase by said buyer. The defaulting Owner shall have no right to direct or determine whether the affected Site shall be sold as a whole or in separate parcels, or the order of sale of separate parcels or the portion of the affected Site to be sold if only a portion is sold. Declarant or its Trustee may postpone the sale of the affected Site by public announcement thereof at the time and place of sale and from time to time thereafter by public announcement at the time and place of the preceding postponement. In conducting or postponing any such sale, Declarant may act through its agents, officers or employees or any other person designated by Declarant, whether or not such party shall be a licensed auctioneer. At such sale, Declarant or its Trustee shall cause to be delivered to the buyer or buyers, one or more duly exercised deed or deeds conveying the property so sold, subject to all the provisions of this instrument, but without any covenant or warranty, either express or implied. The recitals in such deed or deeds with regard to any matters of fact shall be conclusive proof of the truthfulness thereof against the buyer at such sale, its successors and assigns, and all other persons. Any person or entity, including, without limitation, Declarant, may bid in or purchase at such sale. No such sale shall release or extinguish any rights, remedies or provisions contained in this instrument in the event of any further violation of any Restriction set forth herein. The proceeds of such sale shall be applied as follows: first, to the expenses of sale incurred by Declarant, including reasonable attorneys' fees; next, to the sums secured hereby; and finally, to the person or persons legally entitled thereto. As an alternative to the foregoing, Declarant may elect to foreclose the lien secured hereby by judicial action, in which event the defaulting Owner shall be liable for the expenses incurred by Declarant in connection therewith, including reasonable attorneys' fees. To the maximum extent permitted by law, the defaulting Owner hereby waives any applicable statue of limitations, provided that the lien created herein shall expire sixty (60) years following the date of recordation of this Declaration. Notwithstanding the foregoing, if the defaulting Owner's default is timely cured in accordance with this Declaration or applicable law, Declarant shall, upon request by the defaulting Owner, record at the defaulting Owner's expense an appropriate notice of rescission in accordance with the applicable provisions of the Civil Code of California. 7M27.0M 9 11/06/91 81ock1D0 4.03 Waiver. No waiver by Declarant of a breach of any of these Covenants and no delay or failure to enforce any of these Covenants shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other of these Covenants. No waiver by Declarant of any breach hereunder shall be implied from any omission by Declarant to take any action on account of such breach if such breach persists or is repeated, and no express waiver shall affect a breach other than as specified in said waiver. The consent or approval by Declarant to or of any act by an Owner requiring Declarant's consent or approval shall not be deemed to waive or render unnecessary Declarant's consent or approval to or of any subsequent similar acts by such Owner or any other Owner. 4.04 Costs of Enforcement. If any legal or equitable action or proceeding is instituted to enforce any provision of this Declaration, the party prevailing in such action shall be entitled to recover from the losing party all of its costs, including court costs and reasonable attorneys' fees. 4.05 $,Jahts of Lenders. No breach or violation of the Covenants shall defeat or render invalid the lien of any mortgage, deed of trust or similar instrument securing a loan made in good faith and for value by a bona fide third party lender with respect to the financing of the Property or any portion thereof, or with respect to the construction of Improvements thereon. However, this Declaration and all provisions hereof shall be binding upon and effective against any subsequent owner of other occupant of the Property or portion thereof whose title is acquired by foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise, but such subsequent owner shall have a reasonable period of time after taking title to cure any continuing violation hereunder that is reasonably capable of being cured provided that such subsequent owner continuously and diligently acts to effect such cure. Any such subsequent owner whose title is acquired by foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise shall not be required to cure any continuing violation hereunder that is not reasonably capable of being cured provided that such subsequent owner otherwise complies with the Covenants as provided in this Declaration. Without limiting the generality of the foregoing, the enforcement of any rights pursuant to Section 4.02(e) (a "Default Foreclosure") shall be suspended at such time as any Lienholder holding an interest in a Site subject to a Default Foreclosure (an "Affected Parcel") has filed a notice of default to foreclose its lien upon such Affected Parcel and is diligently prosecuting such foreclosure, whether judicial or non -judicial, or is diligently negotiating a deed -in -lieu or other arrangement to remove such notice of default; provided, however, no Default Foreclosure shall be required to be suspended for more than six (6) months. Upon such Lienholder's failure to diligently prosecute its rights or upon its failure to diligently negotiate and consummate a deed -in -lieu or other arrangement to terminate or remove its notice of default, Declarant may continue its Default Foreclosure and prosecute the same to completion. 7M2Z01KD 12/06/91 Block 100 10 ARTICLE V 5.01 T=. This Declaration, every provision hereof and every covenant, condition, res=riction and easement contained herein, shall continue in full force and effect for a period commencing on the date of recording of this instrument and expiring fifty (50) years thereafter. This Declaration shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the parties required for a termination or modification of this Declaration pursuant to Section 5.02 below is duly recorded at least one (1) year prior to the end of any such period for the purpose of terminating this Declaration in whole or in part or with respect to the application hereof to any one or more Sites existing at that time. 5.02 Termination or Modification. Subject to Section 5.01 hereof, this Declaration, or any provision hereof, may be terminated, extended, modified or amended as to all or any portion of the Property, but only with the written consent of the Owners of at least fifty-one percent (51%) of the Property. The foregoing percentages shall in each case be based on the number of square feet of land owned as compared to the total number of square feet subject to these Covenants. Notwithstanding the foregoing, so long as Declarant owns at least five percent (5%) of the Property subject to these Covenants, no such termination, extension, modification or amendment shall be effective without the written approval of Declarant, which approval may be withheld or denied in Declarant's sole discretion. No termination, extension, modification or amendment of this Declaration shall be effective until a proper instrument duly executed and acknowledged has been recorded in the Official Records of Orange County, California. In the event of any such termination or modification of this Declaration, Declarant or the applicable Owners shall provide reasonable access from all Sites to at least one public street. 5.03 Assignment by Declarant. Any and all of the rights, powers, duties and reservations of Declarant contained in this Declaration may be assigned to any person who will assume the duties of Declarant pertaining to the particular rights, power and reservations assigned, and upon any such person or entity evidencing its consent in writing to accept such assignment and assume such duties, such person shall, to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. 5.04 Aonlication to Declarant. Notwithstanding anything herein contained to the contrary, if Declarant reacquires title to the Property at any time after the date hereof, these Covenants shall automatically cease and terminate and be of no further force or effect as to Declarant and the Property, effective as of the date of such reacquisition by Declarant. 7M2ZOIKD ll 11l06/91 Stock 100 5.05 Formation of Owners' Associagigg. (a) At any time or from time to time Declarant, or Owners of a fee ownership interest in more than fifty percent (50%) of the aggregate square footage of all Sites (but subject to Declarant's consent thereto if Declarant then owns at least five percent (5%) of such area), may form a California non-profit mutual benefit corporation or another entity ("Owners' Association") and assign to it all or any part of Declarant's rights and obligations under this Declaration, including but not limited to, enforcement of the provisions of this Declaration, and the landscaping, maintenance and other obligations of Declarant as set forth in Article III hereof, including the right to collerc such Owner's share of Maintenance Costs as provided in Section 4.Q2 hereof. Thereupon, Declarant shall assign to such entity, and such entity shall assume, all such rights and obligations of Declarant as set forth in a recorded instrument executed by Declarant and the Owners' Association, whereupon Declarant shall be relieved of all such obligations and liabilities in connection therewith. The assignment of Declarant's rights and obligations hereunder to the Owner's Association shall not constitute a transfer of any interest of Declarant in the Property unless specifically provided in such assignment, yrgvided, however, Declarant shall have the right at any time and from time to time to convey, assign or otherwise transfer all or any portion of its interest in the Property to the Owner's Association pursuant to such documents or agreements as are acceptable to Declarant in its sole discretion. (b) Acceptance by the Owners' Association of an assignment of the rights and duties of Declarant shall constitute a presumption that Declarant has performed all of its obligations and duties hereunder up to the date of such assignment and, at Declarant's request, such Owners' Association shall execute an estoppel certificate to that effect. Failure by the Owners' Association to deliver such an estoppel certificate shall not affect the validity of the assignment of Declarant's rights and obligations hereunder. ARTICLE oI MISCEIMMOUS PROVISIONS 6.01 Constructive Notice and Acceigtonce. To the maximum extent permitted by law, every Owner who now or hereafter owns or acquires any right, title or interest in or to any portion of said Property is and shall be conclusively deemed to have consented and agreed to every covenant, condition, restriction and easement contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person acquired an interest in said Property. 7M2Zo1:D 12 11/06/91 alock 100 6.02 Kutvality. RegigrocitZ, Runs with Land. All Covenants, conditions, covenants, easements and agreements contained herein: (a) are made for the direct, mutual and reciprocal benefit of each and every part and parcel of the Property; (b) shall create reciprocal rights and obligations between the respective Owners of all parcels and privity of contract and estate between all Owners of said parcels, their heirs, successors and assigns; and (c) shall, as to the Owner of each Site, his heirs, successors and assigns, burden and encumber the Property and all portions thereof and operate as covenants running with the land for the benefit of all other parcels. Notwithstanding the foregoing, the provisions of this Declaration shall be enforced only by Declarant or its assigns so long as Declarant owns any portion of the Property, unless (x) Declarant assigns it enforcement rights to the entity described in Section 5.05 hereof, in which case that entity shall have the sole right of enforcement, or (y) Declarant, within thirty (30) days following receipt of written notice from any Owner of a material breach of these Covenants by any Owner or User, fails to take reasonable steps to enforce these Covenants and thereafter to diligently continue to prosecute such enforcement, in which case the Owner who gave such notice to Declarant may enforce these Covenants as to such breach only, but keeping Declarant generally informed of the status of all such enforcement proceedings and without abrogating any continuing rights of enforcement by Declarant under these Covenants therefor or from time to time. 6.03 Declarant's_Rights Under Other Recorded Documents. Nothing herein contained shall prejudice or diminish in any way the rights of Declarant or any particular Owner or Lienholder under any other documents of record from time to time affecting all or any portion of the Property. 6.04 Captions. The paragraph headings or captions used herein are for convenience only and are not a part of this instrument and do not In any way limit, define or amplify the scope or intent of the terms and provisions hereof. 6.05 Invalidity of Provision. If any provision of this instrument as applied to Declarant or any Owner or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this instrument, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of the instrument as a whole. 6.06 Notices. All notices, consents, requests, demands, approvals, authorizations and other communications provided for herein shall be in writing and shall be deemed to have been duly given if and when personally served or forty-eight (48) hours after being sent by Unit&d States registered or certified mail, return receipt requested, postage prepaid, to the intended party at its last known address. 7M2L01RD 11/06/91 al"kloo 13 6.07 AacordW. The term "record" and its variations shall mean and refer to the filing and/or recordation of an instrument in the office of the County Recorder of Orange County, California. 6.00 governing Lv. This Declaration and the terms hereof shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the undersigned has executed this instrument j as of the date first above written. THE IRVINE COMPANY, a Michigan corporation By: By: Vice President 1 t 1 7M2201KD 11/06/91 B1ock100 14 STAVE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On - T\Ak' • \1 4 jaci I before me, a Notary Public in and for said state, personally appeared Richard G. Sim and Donald McNutt, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which such persons acted, executed the instrument. WITNESS my hand and official seal. OFFICIAL SAN LP PAM LYN i1MGM ONVARYPURE-CUSOM 11, Notary Public in and for Wo V ommn. EYZAM Oct. 29, IM said County and State 7"ZO2n Block 100 19 11/06/01 V(HIEIT A MAP Of THE PROPERTY AtT =w,.rt :r•. �"'' a e.uw �f �� r !`��'� YNwa ��ir� J a. l'a•'1 � \r %.119 sC A. i• ►aM N • �rr��� ►.fwf ov w„ f ►mot w►��, •ti.` ` flop. 1 �► w�i. ('ne J �•.r Alt + i �: fV 1 7112101R0 A� 1 10/24/91 lloek100 EMIBIT B PROPORTIONATE SHARES The Proportionate Shares of Maintenance Costs to be paid by individual Owners of the following Parcels shown on map filed in Book 52, Page 37 of Parcel Maps of Orange County, California, shall be as follows: Imel No. 2 12.47% 3 11.398 4 11.51% 5 11.51% 6 11.10% 7 12.02% 8 12.00% 9 8.00% Subtotal 90.00% The Proportionate Share of Maintenance Costs to be paid by the Owner of the following Parcel shown on map filed in Book 76, Page 32 of Parcel Maps of Orange County, California, shall be as follows: Parcel No. Proportionate Share 1 10% Subtotal 10% Total 100.00% ni22o1RD Block = B - 1 1110e191 MISIT C SCHEDMZ OF COMMON AREA AMORTIZATION Parcel No. Annual Commas Area A�pQrtization 1 $6,240 8 $5,808 9 $5,120 1X2201RD Flock300 C-1 11106l91 Exhibit "2" 2284/015767-0014 21881743.1 a03/04/25 1 L C 40613 al11831n 310 rA OFFICIAL DOCUMENT �a.Do DECLARATION OF COVENANTS AND RESTRICTIONS C,a AND GRANT OF EASEMENT THIS DECLARATION OF COVENANTS AND RESTRICTIONS AND GRANT OF EASEMENTS is made this 28th day of July, 1976 by THE IRVINE COMPANY, a West Virginia corporation ('Owner" herein), owner of the land hereinafter described: A. Owner is the owner of the real property described as Parcels 1, 2, 3, 4, 5, 6, 7, 8 and 9, as shown on a map recorded in Book 52, page 37 of Parcel Maps, Official Records of Orange County, California (collectively the "Lots"). B. Owner has constructed buildings on Parcels 6 and 7 and additional buildings may be constructed on Parcels 1, 2, 3, 4, 5, 8 and 9. C. Owner is also the owner of Parcels A and B, as shown on said map (the "Packing Areas"), which are to be used as a common parking area and as ingress to and egress from the Lots. D. The purpose of this Declaration is to provide a means whereby the Parking Areas may be used by the various owners of the Lots, if any or all a of the Lots are held under separate ownership. NOW, THEREFORE, WITNESS, the undersigned Owner hereby declares as follows: 1. That the Parking Areas, aad all improvements now or hereafter a situated thereon, may be used nonexclusively by the owner or owners of the Lots for vehicular and pedestrian ingress and egress and automobile parking, subject co rules and regulations and to the payment of expenses related to the Parking Areas as provided herein. 2. The cost of maintenance and repair or of rebuilding, (in the event of damage or destruction) of the Parking Areas and the improvements situated thereon shall be shared by the respective owners of the Lots. Costs of maintenance and repair shall include, without limitation, s11 real estate taxes and assessments, premiums for public liability and property insurance attributable to, or properly allocable to, the Parking Areas, costs of water and electricity, cleaning and janitorial work, repairs, replacements, landscaping, employees` wages and all other costs, expenses and disbursements necessary for the proper operation, management and administration of the Parking Areas and for the enforcement of the terms hereuf. The owner of the Parking Areas shall establish accounting procedures and make every reasonable effort to segregate or estimate expenses, including real estate taxes connected with the operation of the Parking Areas. The percentage of such cost payable by the owners of each of the Lots is as follows: Parcel 1 - 10% Parcel 4 - 11-2/3% Parcel 7 - 11-2/3% Parcel 2 - 11-2/3% Parcel 5 - 11-2/3% Parcel 8 - 127 Parcel 3 - 11-2/3% Parcel 6 - 11-2/32 Parcel 9 - 8% Within thirty (30) days after the close of each calendar year, the owner of the Parking Areas shall submit to the owners of the Lots the itemized statement setting forth the operating expenses and costs for the immediately preceding calendar year and the respective amounts thereof which the owner of each of the Lots is obligated to pay. The owners of the Lots shall pay to the owner of the Parking Areas the respective amounts shown to be due on such statement within thirty (30) days after receipt thereof. In the event that any owner of any of the Lots does not pay his ratable share as so determined, the rights, privileges and uses granted herein shall be suspended a9Eft�%hRfrp,!FffW such ratable share is paid. N SAFECO TITLE INS. CO. R.'XORDFD IN OrVCIAI, RECORDS r OF ORANGE COONlr, CAI IIORNIA 11 I b uie II AM_UL''t11976 1. WYLH CARLYLF, i ca.lty Recorder 1 8111831 rc 31 1 3. The owner of the Parking Areas shall be the manager and operator of the Parking Areas, and shall have the sole and exclusive right to manage the Parking Areas and to take any action he deems necessary with respoct to the Parking Areas, to make any and nil decisions affecting the Parking Areas, including, but not limited to, establishing such rules and regulations for the use of the Parking Areas that he shall deem necessary (including designating general and restricted parking areas, means of access to adjoining streets, and ingress and egress routes over the Parking Areas), hiring and/or firing of any employee or employees connected with the Parking Areas, and imposing a fee and the amount thereof to be exacted from the users of the Parking Areas. The managerial power of the owner of the Parking Areas shall be absolute and may be exercised in any way that he deems appropriate. The only limitation on said managerial power shall be that in the event that rules and regulations are established for the use of the Parking Ar cap, antd rules and regulations must apply equally and without disc rimiantion to the persons licensed to use the Parking Areas by the respective owners of the Lots. 4. This declaration and use and grant of easement thereof shall run with the land and inure to the benefit of the present and any future owners In fee of the Lots. Said rights, privileges and usages do not, however, inure to the benefit of any parson having any interest in the Lots that is less than the fee. The respective owners in fee of the Lots, as they deem fit, may license occupants of their respective property and no others to use the said Parking Areas, subject to the terms of this Declaration, such license to be revocable as to any occupant, without notice or cause, in the sole and arbitrary discretion of the owner of the Lot in which such occupant resides. The respective owners of the fee shall not be deemed agents of such occupants, and the rights, privileges and usages set forth herein may be modified or terminrted, in whole or in part, by the joint action of the owners of the fee of the Lots at any time. Owner hereby expressly disclaims any intention to have the rights, privileges and uses granted herein inure to the benefit of any person other than Owner or owners in fee of the Lots. IN WITNESS WHEREOF, Owner has signed this Declaration and Grant the day and year first above written. STATE OF CAI.IFORNIA as. COUNTY OF ORANGE On L.; E► `' 7 6 , before me, the undersigned, a Notary Public in and sai State, personally appeared Q.t known to me to be the ' President, and 1..cr. ,Lc C:. ]in be _'Q �1.. , known to me to be the .__Secretary of THE IRVINE Wt@ANY1 the corporation that executed the within instrument, and known to me to be the persons who execut« the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. � ,� Otr K�•l Shc ♦ �l , <,�( t � � 'w� At In Z_Y C. 4Y!lE5 0 No[drvPa'•lE ♦ M lTllf 9a V11 ♦ � �� ' nCt IN • L� . '-ti JVi1 ♦ Twin i Exhibit `3' 2284/015767-0014 21881743.1 a03/04/25 _VW il� 0 &kE ET r oF, r. SCALE 80 PAR C L': 17 o"s % - *0, L ffl THE CITY QF NEWPORt OWN, "Jo rl C --4TATIE -9F,� cALli OURTY'Of OONGk, ORMA mlic:A PORTION Of SLOCk Ot* -*A- WILCO Ck ROOK 1, MCE,84, M4;CllL,A?&E*US MAPS.AECOAGS 'Of ORANGE COUNTY, dALlFOftNJA. "eery As-eg 'N r-,F IWWJk Ali. LAW �-V_ _107-7- '..LP �.cr ol ­'P", .0,' 7 ? MAP AC! TgAT Ylk -R—t T I k Y) XT ZrY k­N9Z.0 10 7',8 5Z-�K 049 ? _,i455 CA' I-rvr ' TIP J1_ 4,11 4: Received after Agenda Printed April 29, 2025 Item No. 23 From: Garrett, Errica Sent: April 28, 2025 7:24 AM To: City Clerk's Office Subject: FW: Irvine Company Homes Errica Garrett Administrative Assistant to the Mayor and City Council City Manager's Office Office: 949-644-3004 100 Civic Center Drive Newport Beach, CA 92660 000 From: Kirsten Daffron <kirstendaffron@yahoo.com> Sent: April 27, 2025 9:03 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Irvine Company Homes [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Report phish using the Phish Alert Button above. Kirsten Hall Daffron kirstendaffronCa)vahoo.com 1300 Park Newport, #416 Newport Beach, CA 92660 949-981-6505 April 18, 2025 Mayor and City Council Members City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Dear Honorable Mayor and Newport Beach City Council Members: I love Newport Beach! I have lived here for more than 30 years and raised my family here. All three of my children went to Corona del Mar High School. All my family and friends are here. I'm writing to support the proposed Irvine Company homes in Newport Center. While I don't support the housing mandate by the State of California, I do support how the City of Newport Beach has responded. I believe the Newport Center and Airport area are appropriate locations for our town to grow. As I mentioned, my three children went to Corona del Mar High School, my two boys are back east in college and I want them to come back to Newport Beach. worry about costs of housing and I believe increased housing, no matter the cost, will help balance the lack of housing throughout California. I live close to Newport Center and love the energy of Fashion Island and Newport Center with all the hotels, office and medical buildings. I like the landscaped medians and large sidewalks; there are always people out walking. I think increasing housing in this area just makes sense. Thanks for your service. I ask you to please support the planning proposed by the Irvine Company. Best regards, Kirsten Hall Daffron Sent from Yahoo Mail for Phone From: Garrett, Errica To: City Clerk"s Office Subject: FW: Support for Irvine Co. housing proposal at Fashion Island Date: April 28, 2025 3:15:20 PM Attachments: LL Letter to NBCity Council 4-28-25.odf image001.pnno imaae002.ona image001pnno imaae004.ona Errica Garrett Administrative Assistant to the Mayor and City Council City Manager's Office Office: 949-644-3004 100 Civic Center Drive Newport Beach, CA 92660 "o From: Lorraine Levin <lorlev44@gmail.com> Sent: April 28, 2025 3:14 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Support for Irvine Co. housing proposal at Fashion Island [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Report phish using the Phish Alert Button above. Dear Mayor Joe and Council Members, Please give positive consideration to the Irvine Company proposal for housing development at Fashion Island. I object to the State of California imposing its will on Cities to build out housing based upon their demands. Attached is my letter in support of the Irvine Co. proposal. L.Levin, R.N. 971 Sandcastle Dr, Corona Del Mar, CA 92625 April 28, 2025 Mayor and City Council City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Dear Mayor Stapleton and City Council Members: I am a proud resident of Corona del Mar. I have been a homeowner and lived in the Harbor View Hills community since the early 1970s. I have seen a lot of change in this community over the years. CdM has always been a beautiful, quaint, seaside town. However today it is one of most sought after and exclusive communities in all of Southern California and for all of us who have owned homes since the 1970s, I say, "Hallelujah!" Of course, some of this is due to the spectacular beach -side location, but I attribute much of it to the thoughtful development, investment, and re -investment in this area by the Irvine Company. I visit Fashion Island and CdM Plaza almost daily. I also love walking in Buck Gulley, Crystal Cove the beaches and downtown CdM. While I'm not thrilled with the State mandating every city in the State build thousands of new homes, I get it. My daughter struggled to find reasonably priced housing. She bought a cute condo, but many of her friends are in the same boat. I believe providing more housing of every type will help to address our housing crisis. When I learned the City of Newport Beach was required to provide more than 4,500 new homes, I thought, "Where the heck will they put that?" But looking closer, I believe creating more housing in the Newport Center area makes sense. We already have quality housing in that area, and I like the walkability and proximity to jobs and shopping. I'd like to encourage the City Council to support the new housing proposed by the Irvine Company. Thank you for your consideration. Sincerely, Lorrie Levin 971 Sandcastle Drive Corona del Mar, CA 92625 From: Garrett, Errica To: City Clerk"s Office Subject: FW: Irvine Company housing development at fashion Island Date: April 28, 2025 3:59:59 PM Attachments: kens Itr to NB City Council 4-28-25.odf image001.pnno imaae002.i)na image003.pnno imaae004.i)na Errica Garrett Administrative Assistant to the Mayor and City Council City Manager's Office Office: 949-644-3004 100 Civic Center Drive Newport Beach, CA 92660 "WJ From: Ken Dufour <kendufour44@gmail.com> Sent: April 28, 2025 3:58 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Irvine Company housing development at fashion Island [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Report phish using the Phish Alert Button above. Dear Mayor Joe and City Council members, Please give positive consideration to the Irvine Co. planned housing project. It is my belief that 'The Villas' shall be the model for this development. I have visited 'The Villas' on several occasions and found it to be an excellent high end property that is well maintained and a credit to our community. It is my hope that this planned property will be a model for those to follow it at our Fashion Island. I further hope that the limited height of the planned structures will set the tone and height limits for the developments we know shall follow. Esteemed leaders, don't let our city become a high rise community. I don't wish to lose our suburban community feeling. Thanks for your consideration, Ken Dufour April 28, 2025 J41-E Dear Honorable Mayor and Members of the Newport Beach City Council, I am writing as 50+ year homeowner and resident of Newport Beach to respectfully urge the City Council to approve the proposed developmc*t agreement with the Irvine Company for the North Newport Center project. r I love Newport Beach and I'm thrilled every day that I moved in 1974 from St. Paul, Minnesota to raise my family in Corona Del Mar/Newport Beach. In my retirement I've given back to this great community serving numerous times on the Newport Harbor Exchange Club Board as President, and various other positions. Most importantly creating and supporting the Field of Honor at Castaways Park in Newport Beach. The Irvine Company has a long history of thoughtful and high -quality development in Newport Beach, and the North Newport Center proposal reflects a continued commitment to enhancing our city's vitality, economy, and livability. This project promises to bring well -planned improvements that will support our community's long-term growth, including updated infrastructure, increased open space, and a mix of uses that complement the surrounding area. I believe that entering into a development agreement provides the City with important tools to ensure consistency, transparency, and mutual benefit throughout the buildout of this project. It also enables the City to secure public benefits such as traffic improvements, public amenities, and environmental enhancements. I appreciate your careful consideration of this important decision and your dedication to the future of Newport Beach. Please vote to approve the development agreement for North Newport Center and continue to foster a vibrant and balanced city for generations to come. Thank you for your leadership and service. Sincerely, P Kenneth L. Dufou 971 Sandcastle rive Corona del Mar, CA 92625 From: City Clerk"s Office To: Mulvey, Jennifer Subject: FW: Support Letter to City Council re: agenda item for Fashion Island Planned Development Date: April 29, 2025 9:32:36 AM From: Sara hansen <pivotlifeinfo@gmail.com> Sent: Tuesday, April 29, 2025 9:32:13 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov> Subject: Support Letter to City Council re: agenda item for Fashion Island Planned Development [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Report phish using the Phish Alert Button above. Newport Beach City Council 100 Civic Center Drive Newport Beach, CA 92660 Subject: Support for the Planned Development Around Fashion Island Dear Mayor and City Councilmembers, My name is Sara Hansen. As a Newport Beach resident and small business owner, I am writing to express my strong support for the proposed development around Fashion Island (North Newport Center Planned Community (PC-56), which is scheduled for discussion at the City Council meeting on Tuesday, April 29. As an active member of the Newport Beach community, I deeply value the unique blend of tradition, beauty, and progress that makes our city such an exceptional place to live. I believe that thoughtful, well -planned developments like the one proposed around Fashion Island are critical to ensuring our city continues to thrive — not just for this generation, but for my son's and other generations to come. This project represents exactly the kind of visionary reinvestment Newport Beach needs. It thoughtfully modernizes a key part of our city while preserving what makes it special. It will bring new vitality to the area, provide much -needed new housing opportunities, and continue to strengthen the economic foundation that supports our excellent schools, public services, and quality of life. As a mother to a young son, who hopes to build a future here for my family and I, 1 am especially excited by the prospect of more residential options integrated into a vibrant, walkable community. Housing near jobs, shops, and restaurants is exactly the kind of forward -thinking design that makes cities more livable and sustainable. I believe this project will help ensure Newport Beach remains a place where young professionals, families, and longtime residents can continue to live, work, and enjoy life together. I encourage you to approve the proposed development and to continue leading Newport Beach with the kind of thoughtful vision and care that makes it a place we are all proud to call home. Thank you for your time and service to our community. Sincerely, Sara Hansen Newport Beach Resident & Small Business Owner April 28, 2025 Mayor Stapleton and City Council Members City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Dear Newport Beach City Council: I have lived in Corona Highlands in Corona del Mar for more than forty years. I raised my family here and am proud to call Newport Beach home. I'm committed to my community and have served on the leadership of Newport Harbor Exchange Club for more than twenty years. We are the oldest nonprofit service club in Newport Beach. We've donated over a million dollars to Newport Beach and surrounding communities for youth programs, Americanism, prevention of child abuse, and military servicemember support. We also started the first Cub Scout Troop in the United States. But most of you know about us from the Field of Honor. For the last 15 years, our members have set up 1,776 American Flags at Castaways Park on Armed Forces week each year to honor our military. I share this information, because I care about my community. I'm writing today to support a development agreement that would allow the Irvine Company to build more homes in Newport Center. Since the State of California has mandated Newport Beach build thousands of new homes, I think this location and this developer would be the best opportunity for our community. The Irvine Company is the most well-known and successful builder in the region and has truly made Orange County and Newport Beach what it is. They created Newport Center, the hub of retail, office and housing and I trust they will be the best to continue the evolution in this area. Thank you for your consideration. Best regards, Leo Fracalosy