14. Draft Amended and Restated Development Agreement No. 2020-00004 (Redline) — Anaheim City Council, October 29, 2024 (part 2 of 2)

PARCEL E:

LOTS 1 THROUGH 14, INCLUSIVE, AND LOTS A THROUGH F, INCLUSIVE, AND KATELLA AVENUE AND

RIVER ROAD AS DEDICATED, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE AS PER MAP FILED IN BOOK 1008, PAGES 29 THROUGH 44 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXHIBIT A

DEVELOPMENT AGREEMENT

LEGAL DESCRIPTION

Page 6 of 12 ends

PARCEL F:

ALL OF PARCEL A AS SHOWN ON LOT LINE ADJUSTMENT NO. LLA 2023 -00849 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED AUGUST 15, 2024 AS INSTRUMENT NO. 2024000210450 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXHIBIT A

DEVELOPMENT AGREEMENT

LEGAL DESCRIPTION

Page 7 of 12 ends

PARCEL G: APN: 253-631-27, 253-631-28 & 253-631-29

PARCELS 3, 4 AND 5 INCLUSIVE OF PARCEL MAP NO. 90 -179, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE COUNTY, STATE OF CALIFORNIA AS PER MAP FILED IN BOOK 279, PAGES 45 TO 47 OF PARCEL MAPS IN THE COUNTY RECORDER OF SAID COUNTY.

EXHIBIT A

DEVELOPMENT AGREEMENT

LEGAL DESCRIPTION

Page 8 of 12 ends

THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS’ ACT.

KURT R. TROXELL, P.L.S. 7854
DATE PREPARED: 09/16/2024

57 949.474.1960
15535 Sand Canyon Ave, Suite 100
Irvine, California 92618
fuscoe.com
57 949.474.1960
15535 Sand Canyon Ave, Suite 100
Irvine, California 92618
fuscoe.com
57 949.474.1960
15535 Sand Canyon Ave, Suite 100
Irvine, California 92618
fuscoe.com

57 949.474.1960
15535 Sand Canyon Ave, Suite 100
Irvine, California 92618
fuscoe.com
EXHIBIT “B”
AMENDMENT NO. 1 TO THE OCVIBE SITE PLAN
Miscellaneous Case No. 2020-00751 dated August 2022, pages 1 through 326 as on file in the Planning and Building Department, and incorporated in its entirety by reference herein.

EXHIBIT “B-1”
AMENDMENT NO. 1 TO THE OCVIBE SITE PLAN

PHASING PLAN BY PHASE INCLUDING INFRASTRUCTURE AND

AFFORDABLE HOUSING

EXHIBIT “B-2”

AFFORDABLE HOUSING PHASING

EXHIBIT "E"

ARTIC SIGNS AND TRANSIT SPECIAL SIGN DISTRICT
EXHIBIT "E"
-1-

EXHIBIT I-1
-1-
EXHIBIT “I-1”

AIRSPACE RIGHTS ENCROACHM

ENT LICENSE AREAS

EXHIBIT "J"

NEW CFD IMPROVEMENTS
EXHIBIT "J"
-1-

EXHIBIT "K"

MAINTENANCE STANDARDS FOR SPRING-UP MAINTENANCE DISTRICT EXHIBIT "K"
-1-

a. Maintenance Areas . The Spring-Up Maintenance District shall maintain the two (2) Parks which will be known as (1) “Neighborhood Wellness Park” and (2) “Meadow Park” both described in Exhibit “A” and depicted in Exhibit “B", attached hereto and incorporated herein, and (3) the Bike Trail Landscape as depicted in Exhibit C, and all improvements related to the Parks thereon, including but not limited to: (i) lighting and signage; (ii) landscaping, both hardscape and softscape; (iii) bathroom facilities; (iv) seating and tables; (v) playground equipment; (vi) fencing; (vii) structures; (viii) water lines, recycled water facilities, and subsurface and above-ground irrigation systems; (ix) retaining walls, pavers, and walkways; (x) associated parking areas for the Parks; (xi) recreational and common amenities; (xii) architectural elements identifying the Park; (xiii) artificial turf; (xiv) electrical and communications equipment serving the park, (xv) event spaces, and (xvi) any other facilities, features, or improvements on or to the Parks as may be shown on Exhibit “B” (collectively, “Improvements”). b. Maintenance Activities. The Parks and Improvements shall be maintained and operated in a good, clean, and sanitary condition. As part of Spring-Up Maintenance District’s obligation to maintain the Parks in a good, clean, and sanitary condition, the Spring-Up Maintenance District shall maintain all Improvements in working order and shall perform all tasks necessary to maintain that condition, including but not limited to the following: (i) regular removal of debris, trash, waste, and graffiti; (ii) repair broken and/or missing pavers, hardscape, retaining walls, sidewalks, and walkways; (iii) regular weeding, planting, mowing, trimming, edging, replacement of mulch, and repair, replacement, and restoration of any other landscaping features as needed; (iv) repair and replacement of any water lines, recycled water facilities, and subsurface and above-ground irrigation systems that malfunction or are damaged during any excavations; (v) repair and replacement of lighting, electrical and telecommunications facilities as needed; (vi) regular cleaning and repainting of signage; (vii) regular cleaning of bathroom facilities; (viii) regular painting and upkeep of structures, facilities, amenities, and parking areas; (ix) removal and clean-up associated with camp sites; (x) repair and replacement of outdated playground and other recreational equipment; (xi) removal of graffiti, and (xii) any other tasks necessary to maintain the Parks and Improvements consistent with the Anaheim Municipal Code, Anaheim Park Department Maintenance Policies, the Meadow Park Joint Use and Operations Plan and industry standards for maintenance of park and recreation facilities among comparable, similarly-situated municipal parks located in the County of Orange.
c. Maintenance Personnel . To accomplish the maintenance obligations, the Spring-Up Maintenance District shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance obligations, including but not limited to the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Declaration. d. Maintenance Schedules and Standards . The Spring-Up
Maintenance District shall perform the maintenance of the Parks and Improvements contemplated herein in accordance with the Maintenance Schedule and Standards outlined in Section 2 below.

e. Sole Cost and Expense. The Spring-Up Maintenance District shall, at the Spring-Up Maintenance District’s sole cost and expense, perform, or cause to be performed, all work, maintenance, repairs and replacements required by this Declaration. f. Compliance with Applicable Standards and Law . All work, maintenance, repairs and replacements required by this Declaration shall be performed in accordance with City’s standards and procedures, including but not limited to any right-of- way construction permits, if applicable, and subject to compliance with all applicable federal, state and local statutes and regulations.

2. Park Maintenance Schedule and Standards. The Spring-Up Maintenance District and its maintenance staff, contractors or subcontractors shall comply with the following standards as to the Park (collectively, the "Park Maintenance Schedule and Standards"):
a. Maintenance in accordance with As-Built Plans. The Parks and Improvements shall be maintained in conformance and in compliance with the approved final as-built plans. The Parks shall be maintained in good condition and in accordance with reasonable maintenance standards, which comply with the industry standards for comparable, similarly-situated municipal parks located in the County of Orange.
b. Landscape Maintenance. Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. Regular maintenance of landscaping shall take place at least weekly. More intensive maintenance of landscaping (such as pruning, aerating, and fertilizing activities, etc.) shall take place at least as often as completed for comparable, similarly-situated municipal parks located in the County of Orange, but no less frequently than once per quarter.
c. Clean-Up Maintenance. Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers; and removal of uncontained litter from the ground and trash from trash and waste containers provided for that purpose. Uncontained litter and trash within containers shall be picked up and removed on at least a daily basis. Unless otherwise specified, other clean-up maintenance mentioned above shall take place at least weekly. d. Cleaning of Bathroom Facilities. Sweeping, scrubbing, and disinfecting of bathroom facilities, including toilets, sinks, walls, and floors and removal

of bathroom trash shall take place at least daily.
e. Graffiti Removal. Cleaning and removing of graffiti, including re- painting if necessary, shall take place at least weekly. f. Camp Site Removal and Cleanup. The Spring-Up Maintenance District shall implement procedures to prevent the establishment of camp sites in the Parks.

To the extent that any camp sites are established, the Spring-Up Maintenance District shall remove such camp sites and any associated trash and waste in coordination with the City and in accordance with the City of Anaheim’s Policy for Removal of Encampments. g. Painting and Striping. Painting and restriping of painted Improvements shall take place as needed, but no less frequently than once per year. h. Monthly Inspections and As-Needed Maintenance. The Spring-Up Maintenance District shall inspect the Parks and Improvements at least monthly to identify any as-needed maintenance or repairs. This maintenance may include ensuring that all lighting is in working order, identifying any damage to architectural elements or playground and recreational equipment, ensuring that all water lines, recycled water facilities, and subsurface and above-ground irrigation systems are in working order, identifying any cracking, worn or peeling paint. Any necessary repairs identified as part of the Monthly Inspections shall be made as quickly as reasonably feasible and in accordance with Section 3 below.
i. Emergency Maintenance. Emergency maintenance shall include any issue related to the Parks and/or Improvements that pose an immediate threat to the health, safety, and welfare of the public. Such emergency maintenance must be completed as soon as practicable, but no later than forty-eight (48) hours after the occurrence leading to the need for such maintenance, except where in the determination of the City, it is not feasible to conduct such emergency maintenance in the aforementioned timeframe. Under such circumstances, the City may specify a reasonable period of time for the Declarant to complete the emergency maintenance.
j.

Waiver and Recordkeeping. U pon the request of the Spring-Up Maintenance District, the City's Director of Community Services, in her or his sole and absolute discretion, may grant a waiver or deferral of the Park Maintenance Standards (or any portion thereof). The Spring-Up Maintenance District shall keep records of maintenance, repairs, and replacements as are necessary to prove performance of the Park Maintenance Standards.

3. Repair and Replacement Obligations for the Park. In addition to compliance with the Park Maintenance Standards, the Spring-Up Maintenance District shall perform all repairs and replacements to the Parks, at its sole cost and expense,
as needed to keep all Improvements in a clean, good, safe, working, and workmanlike condition in accordance with its obligations in the Development Agreement and this Declaration of Covenants. Required repairs and replacements pursuant to this Section 3 include, but are not limited to: (i) replacement of playground at the end of its useful life, but no less frequently than every twenty (20) years; (ii) replacement of restroom

fixtures as needed, but no less than every five (5) years; (iii) replacement of tables and seating as needed, but no less than every fifteen (15) years.

4. City's Consent and Acknowledgement; Notice of Deficiency. City agrees to notify the Spring-Up Maintenance District in writing if the condition of the Parks and Improvements does not meet the Park Maintenance Standards and/or the Repair and Replacement Obligations, and to specify the deficiencies and the actions required to be taken by the Spring-Up Maintenance District to cure the deficiencies. Upon notification of any maintenance/repair deficiency, the Spring-Up Maintenance District shall have fifteen (15) calendar days within which to correct, remedy or cure the deficiency, provided that if such deficiency is of a nature that more than fifteen (15) days is reasonably required to correct, remedy or cure the same, then such fifteen (15)-day period shall be extended for such additional reasonable periods of time upon prior written notice to City. Notwithstanding the foregoing, if the written notification states the problem is urgent relating to the public health, safety, and welfare, then the Spring-Up Maintenance District shall have forty-eight (48) hours from receipt of such written notification to correct, remedy or cure such problem. In the event the Spring-Up Maintenance District does not maintain the Parks in the manner set forth herein and in accordance with the Park Maintenance Standards and the Repair and Replacement Obligations, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Parks, or to contract for the correction of such deficiencies, after written notice to the Spring-Up Maintenance District, and the Spring-Up Maintenance District shall be responsible for the payment of all such reasonable documented out-of-pocket costs actually incurred by City to perform the obligations of the Spring-Up Maintenance District under this Declaration.

5. Satisfaction of Conditions. This Declaration is intended to satisfy those conditions described in in Sections 1. 4651, 1.6 07, 1. 7280, and 10. 122.6 of the Development Agreement, as well as Condition No. ____ in Exhibit “L” of the Development Agreement.

6. Severability. If any clause, sentence or other portion of this Declaration shall become illegal, null or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portion shall remain full force and effect.

7. Covenants Running With the Land. The covenants and restrictions set forth in this Declaration constitute a general scheme for the development, protection and maintenance of the Parks and Improvements. Said covenants and restrictions are for the benefit of the Parks. Such covenants shall be a burden upon, not only the Spring-Up Maintenance District but also its successors and assigns for the Property as defined in the Development Agreement with the exception of the Honda Center, the ARTIC, and Meadow Park.

8. Exhibits. All exhibits to this Declaration are incorporated by this

reference.

9. City's Enforcement Rights. The City is deemed to be an intended beneficiary of this Declaration, and has the right, but not the obligation, to enforce the provisions of this Declaration by any legal or equitable means (including injunctive relief) against such person or persons in actual possession of the Parks or anyone who directly or through any agent violate(s) the terms hereof. In the event any legal action is instituted by the City to enforce the terms of this Declaration, the prevailing party shall be entitled to reasonable attorneys’ fees and all fees, costs, and expenses incurred on any appeal or in collection or enforcement of any judgment. The rights of the City under this Declaration shall not be transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Parks.

10. Insurance. The Spring-Up Maintenance District agrees to secure and maintain, or cause to be secured and maintained, for the duration of the Maintenance and Repair Obligations for the Parks and Improvements set forth in this Declaration, commercial general liability insurance (written on an occurrence form) in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate and automobile liability insurance in an amount not less than $1,000,000 per occurrence. The Spring-Up Maintenance District agrees to (i) to have the City of Anaheim, its officials, officers, and employees, added, by endorsement, as a named insured on the general liability policy, and (ii) require, by endorsement, that the insurer endeavor to provide the City of Anaheim with thirty (30) days’ prior written notice prior to cancellation of the insurance required herein.

Prior to the City's acceptance of the Improvements under this Declaration, the Spring-Up Maintenance District shall provide certificate(s) of insurance evidencing the insurance coverage required herein.

EXHIBIT "A"

LEGAL DESCRIPTION OF THE PARKS

EXHIBIT "B"

SITE PLANS OF THE PARKS

EXHIBIT "C"

DESCRIPTION OF THE BIKE TRAIL LANDSCAPE AREA

[Attached on Following Page]

EXHIBIT "K-1"

MAINTENANCE OBLIGATIONS

FOR MEADOW PARK,

NEIGHBORHOOD PARK AND LANDSCAPED AREA

ADJACENT TO SANTA ANA RIVER BIKE TRAIL
EXHIBIT "K-1"
-2-

Exhibit K-1
Maintenance Obligations for Meadow Park, Wellness ParkNeighborhood Park and Landscaping Adjacent to Santa Ana River Trail

RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
)
City of Anaheim )
200 S. Anaheim Boulevard, 2nd Floor )
Anaheim, California 92805 )
Attention: City Engineer )
)

[SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY]

DECLARATION OF MAINTENANCE COVENANTS
THIS DECLARATION OF MAINTENANCE COVENANTS (“Declaration” or “Declaration of Covenants”) is made this _____ day of _________, 2022, by Anaheim Real Estate Partners, LLC (“Declarant”) with reference to the following facts:

RECITALS:

A. On _______________________, 2022, the City Council of the City of Anaheim (“City”) adopted Ordinance No. approving that certain Development Agreement No. 2020-00004, dated _______________________, 2022 and recorded in the Official Records of Orange County California (the “Official Records”) on _______________________, 2022 as Instrument No. _______________________, and, On ___________, 2024, , the City Council of the City of Anaheim (“City”) adopted Ordinance No. _______ approving that certain Amended and Restated Development Agreement No. 2020-00004, dated _______________________, 2024 and recorded in the Official Records of Orange County California (the “Official Records”) on , 2024 as Instrument No. , (the
“Development Agreement).

B. In connection with approval of the Development Agreement and entitlements for Declarant’s proposed multi-phased, mixed use project, which includes the development of Wellness ParkNeighborhood Park, an approximately 4.7-acre private park to be constructed and maintained in perpetuity by Declarant, Meadow Park, a minimum

4.085-acre public park to be designed by Declarant and City, and constructed, operated, and managed by Declarant and maintained by Declarant during the period of Private Maintenance, and a landscaped area adjacent to the Santa Ana River Bike Trail between the proposed River Road and Santa Ana River (“Bike Trail Landscape”) to be constructed and maintained during the period of Private Maintenance as that term is described in the Development Agreement (“Project”), the City required this Declaration of Covenants

2 imposing maintenance standards and obligations on Declarant.

D. After the completion of construction of Wellness ParkNeighborhood Park, Meadow Park and Bike Trail Landscape referenced herein (collectively “Parks”), the Declarant shall be responsible, at its sole cost and expense, for the ongoing maintenance and repair of Wellness ParkNeighborhood Park in perpetuity and Meadow Park and the Bike Trail Landscape during the period of Private Maintenance, in accordance with the terms of the Development Agreement and this Declaration.

NOW, THEREFORE, in consideration of the above-referenced facts, Declarant hereby declares as follows:

1. Maintenance Covenants.
a. Maintenance Areas . Declarant shall maintain the two (2) Parks which will be known as (1) “ Wellness ParkNeighborhood Park” and (2) “Meadow Park” both described in Exhibit “A” and depicted in Exhibit “B", attached hereto and incorporated herein, and (3) the Bike Trail Landscape as depicted in Exhibit C, and all improvements related to the Parks thereon, including but not limited to: (i) lighting and signage; (ii) landscaping, both hardscape and softscape; (iii) bathroom facilities; (iv) seating and tables; (v) playground equipment; (vi) fencing; (vii) structures; (viii) water lines, recycled water facilities, and subsurface and above-ground irrigation systems; (ix) retaining walls, pavers, and walkways; (x) associated parking areas for the Parks; (xi) recreational and common amenities; (xii) architectural elements identifying the Park; (xiii) artificial turf; (xiv) electrical and communications equipment serving the park, (xv) event spaces, and (xvi) any other facilities, features, or improvements on or to the Parks as may be shown on Exhibit “B” (collectively, “Improvements”). b. Maintenance Activities. The Parks and Improvements shall be maintained and operated in a good, clean, and sanitary condition. As part of Declarant’s obligation to maintain the Parks in a good, clean, and sanitary condition, Declarant shall maintain all Improvements in working order and shall perform all tasks necessary to maintain that condition, including but not limited to the following: (i) regular removal of debris, trash, waste, and graffiti; (ii) repair broken and/or missing pavers, hardscape, retaining walls, sidewalks, and walkways; (iii) regular weeding, planting, mowing, trimming, edging, replacement of mulch, and repair, replacement, and restoration of any other landscaping features as needed; (iv) repair and replacement of any water lines, recycled water facilities, and subsurface and above-ground irrigation systems that malfunction or are damaged during any excavations; (v) repair and replacement of lighting, electrical and telecommunications facilities as needed; (vi) regular cleaning and repainting of signage; (vii) regular cleaning of bathroom facilities; (viii) regular painting and upkeep of structures, facilities, amenities, and parking areas; (ix) removal and clean-up associated with camp sites; (x) repair and replacement of outdated playground and other recreational equipment; (xi) removal of graffiti, and (xii) any other tasks necessary to maintain the Parks and Improvements consistent with the Anaheim Municipal Code, Anaheim Park Department Maintenance Policies, the Meadow Park Joint Use and Operations Plan and

3 industry standards for maintenance of park and recreation facilities among comparable, similarly-situated municipal parks located in the County of Orange. c. Maintenance Personnel . To accomplish the maintenance obligations, Declarant shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance obligations, including but not limited to the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Declaration. d. Maintenance Schedules and Standards. Declarant shall perform the maintenance of the Parks and Improvements contemplated herein in accordance with the Maintenance Schedule and Standards outlined in Section 2 below. e. Sole Cost and Expense. Declarant shall, at Declarant’s sole cost and expense, perform, or cause to be performed, all work, maintenance, repairs and replacements required by this Declaration.
f. Compliance with Applicable Standards and Law . All work, maintenance, repairs and replacements required by this Declaration shall be performed in accordance with City’s standards and procedures, including but not limited to any right-of- way construction permits, if applicable, and subject to compliance with all applicable federal, state and local statutes and regulations.

2. Park Maintenance Schedule and Standards. Declarant and its maintenance staff, contractors or subcontractors shall comply with the following standards as to the Park (collectively, the "Park Maintenance Schedule and Standards"):
a. Maintenance in accordance with As-Built Plans. The Parks and Improvements shall be maintained in conformance and in compliance with the approved final as-built plans. The Parks shall be maintained in good condition and in accordance with reasonable maintenance standards, which comply with the industry standards for comparable, similarly-situated municipal parks located in the County of Orange.
b. Landscape Maintenance. Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. Regular maintenance of landscaping shall take place at least weekly. More intensive maintenance of landscaping (such as pruning, aerating, and fertilizing activities, etc.) shall take place at least as often as completed for comparable, similarly-situated municipal parks located in the County of Orange, but no less frequently than once per quarter.
c. Clean-Up Maintenance. Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other

4 matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers; and removal of uncontained litter from the ground and trash from trash and waste containers provided for that purpose. Uncontained litter and trash within containers shall be picked up and removed on at least a daily basis. Unless otherwise specified, other clean-up maintenance mentioned above shall take place at least weekly. d. Cleaning of Bathroom Facilities. Sweeping, scrubbing, and disinfecting of bathroom facilities, including toilets, sinks, walls, and floors and removal of bathroom trash shall take place at least daily.
e. Graffiti Removal. Cleaning and removing of graffiti, including re- painting if necessary, shall take place at least weekly. f. Camp Site Removal and Cleanup. Declarant shall implement procedures to prevent the establishment of camp sites in the Parks. To the extent that any camp sites are established, Declarant shall remove such camp sites and any associated trash and waste in coordination with the City and in accordance with the City of Anaheim’s Policy for Removal of Encampments.
g. Painting and Striping. Painting and restriping of painted Improvements shall take place as needed, but no less frequently than once per year. h. Monthly Inspections and As-Needed Maintenance. Declarant shall inspect the Parks and Improvements at least monthly to identify any as-needed maintenance or repairs. This maintenance may include ensuring that all lighting is in working order, identifying any damage to architectural elements or playground and recreational equipment, ensuring that all water lines, recycled water facilities, and subsurface and above-ground irrigation systems are in working order, identifying any cracking, worn or peeling paint. Any necessary repairs identified as part of the Monthly Inspections shall be made as quickly as reasonably feasible and in accordance with Section 3 below.
i. Emergency Maintenance. Emergency maintenance shall include any issue related to the Parks and/or Improvements that pose an immediate threat to the health, safety, and welfare of the public. Such emergency maintenance must be completed as soon as practicable, but no later than forty-eight (48) hours after the occurrence leading to the need for such maintenance, except where in the determination of the City, it is not feasible to conduct such emergency maintenance in the aforementioned timeframe. Under such circumstances, the City may specify a reasonable period of time for the Declarant to complete the emergency maintenance.
j.

Waiver and Recordkeeping. U pon the request of Declarant, the City's Director of Community Services, in her or his sole and absolute discretion, may grant a waiver or deferral of the Park Maintenance Standards (or any portion thereof). Declarant shall keep records of maintenance, repairs, and replacements as are necessary to prove

5 performance of the Park Maintenance Standards.

3. Repair and Replacement Obligations for the Park. In addition to compliance with the Park Maintenance Standards, Declarant shall perform all repairs and replacements to the Parks, at its sole cost and expense, as needed to keep all Improvements in a clean, good, safe, working, and workmanlike condition in accordance with its obligations in the Development Agreement and this Declaration of Covenants. Required repairs and replacements pursuant to this Section 3 include, but are not limited to: (i) replacement of playground at the end of its useful life, but no less frequently than every twenty (20) years; (ii) replacement of restroom fixtures as needed, but no less than every five (5) years; (iii) replacement of tables and seating as needed, but no less than every fifteen (15) years.

4. City's Consent and Acknowledgement; Notice of Deficiency. City agrees to notify Declarant in writing if the condition of the Parks and Improvements does not meet the Park Maintenance Standards and/or the Repair and Replacement Obligations, and to specify the deficiencies and the actions required to be taken by Declarant to cure the deficiencies. Upon notification of any maintenance/repair deficiency, Declarant shall have fifteen (15) calendar days within which to correct, remedy or cure the deficiency, provided that if such deficiency is of a nature that more than fifteen (15) days is reasonably required to correct, remedy or cure the same, then such fifteen (15)-day period shall be extended for such additional reasonable periods of time upon prior written notice to City. Notwithstanding the foregoing, if the written notification states the problem is urgent relating to the public health, safety, and welfare, then Declarant shall have forty- eight (48) hours from receipt of such written notification to correct, remedy or cure such problem. In the event Declarant does not maintain the Parks in the manner set forth herein and in accordance with the Park Maintenance Standards and the Repair and Replacement Obligations, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Parks, or to contract for the correction of such deficiencies, after written notice to Declarant, and Declarant shall be responsible for the payment of all such reasonable documented out-of-pocket costs actually incurred by City to perform the obligations of Declarant under this Declaration.

7. Covenants Running With the Land. The covenants and restrictions set forth in this Declaration constitute a general scheme for the development, protection and

6 maintenance of the Parks and Improvements. Said covenants and restrictions are for the benefit of the Parks. Such covenants shall be a burden upon, not only the Declarant but also its successors and assigns for the Property as defined in the Development Agreement with the exception of the Honda Center, the ARTIC, and Meadow Park. Declarant shall provide at least ten (10) days’ prior written notice to the City of any assignment by Declarant of the obligations contained in this Declaration of Covenants and shall provide a copy of the recorded instrument in the Official Records of such assignment by Declarant. Each covenant and restriction contained in this Declaration is a covenant running with the land or an equitable servitude upon the land, as the case may be, binding upon and inuring to the benefit of each heir, assignee and successor-in-interest of Declarant and City as the owners of all or any portion of the Park, and the term “Declarant,” as used herein, shall be deemed to include such heirs, assigns and successors-in-interest. Each deed, lease or conveyance of all or any portion of the Park (but expressly excluding residential apartment, live/work and/or retail space leases), or any interest therein, shall be subject to all the provisions of this Declaration.

8. Exhibits. All exhibits to this Declaration are incorporated by this reference.

9. Construction. This Declaration shall be construed in accordance with the laws of the State of California. The headings used in this Declaration are for convenience only and are not to be used to interpret the meaning of any of the provisions of this Declaration. If any term, provision or condition contained in this Declaration (or the application of any such term, provision or condition) shall to any extent be invalid or unenforceable, the remainder of this Declaration shall be valid and enforceable to the fullest extent permitted by law. In this Declaration, whenever the context requires, the singular number includes the plural and vice versa, and the masculine and neuter gender shall be mutually inclusive.

10. Insurance. Declarant agrees to secure and maintain, or cause to be secured and maintained, for the duration of the Maintenance and Repair Obligations for the Parks and Improvements set forth in this Declaration, commercial general liability insurance (written on an occurrence form) in an amount not less than $2,000,000 per

7 occurrence, $4,000,000 general aggregate and automobile liability insurance in an amount not less than $1,000,000 per occurrence. Declarant agrees to (i) to have the City of Anaheim, its officials, officers, and employees, added, by endorsement, as a named insured on the general liability policy, and (ii) require, by endorsement, that the insurer endeavor to provide the City of Anaheim with thirty (30) days’ prior written notice prior to cancellation of the insurance required herein. Prior to the City's acceptance of the Improvements under this Declaration, Declarant shall provide certificate(s) of insurance evidencing the insurance coverage required herein.

11. Counterparts. This Declaration may be executed and acknowledged in counterparts, each of which shall be an original and all of which when taken together shall constitute one and the same instrument.

[Remainder of page intentionally left bank; signatures on the following pages]

IN WITNESS WHEREOF, this Declaration has been executed by Declarant of the date first above written.

“ DECLARANT”

Anaheim Real Estate Partners, LLC

By:

Name: William Foltz
Title: Chief Executive Officer

9 CONSENT AND ACKNOWLEDGEMENT

The City of Anaheim is organized and existing under the laws of the State of California as a municipal corporation and charter city ("City"). The City expressly acknowledges and consents to the provisions, covenants, conditions and restrictions created by the foregoing DECLARATION OF COVENANTS ("Declaration") and this consent is made on the understanding that the City does not assume any of the obligations of Declarant or any Owner of the Property (as those terms are defined in the Development Agreement), or any portion thereof, or any successors or assigns under the Declaration.

The undersigned individual hereby certifies that he or she is duly authorized to sign, acknowledge and deliver this Consent and Acknowledgement.

“CITY”

CITY OF ANAHEIM, a municipal
corporation and charter city

By:

Rudy Emami
Director of Public Works

APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY

By:

City Attorney

10 ACKNOWLEDGEMENT

A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF____________ )

On , 202___, before me,
__________________________, a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________
(SEAL)

11 ACKNOWLEDGEMENT

STATE OF CALIFORNIA )
) ss.

COUNTY OF____________ )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________
(SEAL)

EXHIBIT "A"

LEGAL DESCRIPTION OF THE PARKS

EXHIBIT "B"

SITE PLANS OF THE PARKS

EXHIBIT "C"

LEGAL DESCRIPTION OF THE BIKE TRAIL LANDSCAPE AREA

[Attached on Following Page]
5179174.1

EXHIBIT “L”
-1-
EXHIBIT “L”

CONDITIONS OF APPROVAL
NO. CONDITIONS OF APPROVAL RESPONSIBLE

DEPARTMENT

PRIOR TO APPROVAL OF FINAL SITE PLANS
1 Prior to approval of each Final Site Plan, the property owner/developer shall submit the anticipated construction schedule for each of the remaining project components by development phase; and that an updated schedule shall be submitted to the Planning Department every six (6) months until the project is completed, or as deemed necessary by the Planning Department.

Planning and
Building
Department,
Planning Services
Division
2 Prior to approval of each Final Site Plan, plans shall show how all on-site service and loading area operations shall be screened from the public rights -of-way to the satisfaction of the Planning Department.

Planning and
Building
Department,
Planning Services
Division
3 Where adjacent uses are deemed to be shadow sensitive (e.g., residential, recreational, and pedestrian areas), the property owner/developer for future development projects shall
demonstrate that the Proposed Project would not preclude shadow sensitive receptors’ exposure to natural sunlight for at least 50 percent of duration for the season, for at least 50 percent of the shade -sensitive area, to the satisfaction of the Planning Director.

Planning and
Building
Department,
Planning Services
Division
4 Prior to approval of the first building permit for any phase or final site plan, the following Alternate Means and Methods
requirements shall be demonstrated on the plans for Parking Deck B & C / FSP2020-00004:

1. Additional standpipes provided throughout at a
measurement of 150 feet to each standpipe. Some standpipes were relocated to address the land between the freeway and the parking structure.

2. Portion of wall facing the concert hall shall be a 1 hour rated fire barrier due to 10 foot separation.

3. Fire sprinkler density increase – ordinary hazard II Fire and Rescue
Department
5 Prior to approval of the first building permit for any phase or final site plan, the following Alternate Means and Methods
requirements shall be demonstrated on the plans for Parking Deck D / FSP2020-00005:

1. Fire access road will be extended to a portion of the parking structure to provide additional coverage.

2. Additional (exterior) standpipes will be located between the Honda Center and Parking Structure D.

3. Additional standpipes will be provided throughout at a Fire and Rescue
Department
measurement of 150 feet to each standpipe. Some standpipes will be relocated in order to provide coverage to the vehicle ramp.

4. Fire sprinkler density increase – ordinary hazard II

6 Prior to approval of the first building permit for any phase or final site plan, the following Alternate Means and Methods
requirements shall be demonstrated on the plans for Market Hall/ Restaurant Row/ Retail/ Club Buildings/ Concert Hall / FSP2020-00005:

1. Restaurant row - access to plaza from parking levels – provide fire suppression in stair/escalator/ elevator enclosure.

2. Restaurant row – additional standpipes or Wharf Hydrants at various levels in the plaza and on the backside between Parking Garage B/C and Market Hall/ Restaurant Row.

3. Market Hall – Back wall will be 2 hour rated with limited openings due to it being 15 feet from Parking Structure B/C

4. Market Hall/all structures – Upgraded fire sprinkler system at ordinary hazard 2

5. Market Hall- No Graphic, Signage, and Mural, shall be mounted on the east wall that can obstruct and/or be considered combustible.

6. Concert Hall – 1 hour fire rated wall facing Parking structure B/C

7. Concert Hall – additional standpipes (Wharf Hydrants) between Parking structure B/C and Concert Hall

8. Concert Hall-Roof access will be provided from the Paseo fire aerial access road.

9. Concert Hall-Enhanced Fire Riser/Fire Command Center Room.

10. Concert Hall -Fire sprinkler density increase – by one hazard category

11. Concert Hall-Smoke control system shall be provided for the structure

12. Concert Hall- No Graphic, Signage, and Mural, shall be mounted on the east wall that can obstruct and/or be considered combustible

Fire and Rescue
Department
7 Prior to approval of the first building permit for any phase or final site plan, the following Alternate Means and Methods
requirements shall be demonstrated on the plans for
Neighborhood Park/ACC:

Provide Fire Access and fire protection systems in compliance with the Conceptual Fire Access Plan, and as required by the Final Site Plans for the proposed building and adjacent Neighborhood Park.

Fire and Rescue
Department
8 Prior to approval of the first building permit for any phase or final site plan, the following Alternate Means and Methods
requirements shall be demonstrated on the plans for Residential Buildings:

Provide Fire Access and fire protection system in compliance with the Conceptual Fire Access Plan, and as required by the Final Site Plans for the proposed building and adjacent Neighborhood Park.

Fire and Rescue
Department
9 Prior to approval of the first building permit for any phase or final site plan, the following Alternate Means and Methods
requirements shall be demonstrated on the plans for Parking Deck A:

1. Additional standpipes will be provided throughout at a measurement of 150 feet to each standpipe. Some standpipes will be relocated in order to provide coverage to the backside of the structure between the freeway and the parking structure.

2. Fire sprinkler density increase – ordinary hazard II

Fire and Rescue
Department
10 Prior to approval of the first building permit for any phase or final site plan, the following Alternate Means and Methods
requirements shall be demonstrated on the plans for Meadow Hotel/South Plaza:

1. Meadow Hotel – revise fire access road to include hotel entry. This will provide additional hose pull access to non- combustible stair access to the “Porch level” which is the 3rd floor

2. Meadow Hotel – Provide additional standpipes at Porch level.

3. Meadow Hotel – Increase the fire protection/fire rating for the 2 open air exterior stairs leading to the Porch Level.

4. Meadow Hotel- Fire sprinkler density increase – ordinary hazard II: first 3 levels only – podium building with horizontal separation.

Fire and Rescue
Department
11 Prior to approval of the first building permit for any phase or final site plan, the following Alternate Means and Methods
requirements shall be demonstrated on the plans for Parking Deck B & C / FSP2020-00004:

1. Additional standpipes provided throughout at a
measurement of 150 feet to each standpipe. Some standpipes were relocated to address the land between the freeway and the parking structure.

2. Portion of wall facing the concert hall shall be a 1 hour rated fire barrier due to 10 foot separation.

Fire sprinkler density increase – ordinary hazard II
Fire and Rescue
Department
12 Prior to approval of a Final Site Plan that includes office uses on the east side of Douglass Road and parking for that office use on the west side of Douglass Road, the Property Owner/Developer shall meet with City Staff to discuss pedestrian crossings across Douglass Road. The Property Owner/Developer shall submit a letter of operations describing the quantity of parking provided across the street, the location of that parking, and measures to guide/encourage pedestrians to cross at the signalized intersection of Douglass Road/Stanley Cup Way and discourage mid-block crossings. Additionally, the Property Owner/Developer shall submit an operations analysis for the intersection of Douglass Road/Stanley Cup Way to evaluate the c urrent and projected vehicular and pedestrian level of service, in accordance with the Highway Capacity Manual Operational Methodology. The
analysis shall evaluate a potential additional pedestrian crossing, either at grade or raised as determined by the City, on Douglass Road between Stanley Cup Way and Cerritos Avenue. The
analysis and any potential proposed improvements shall be subject to review and approval by the City Traffic Engineer.

Public Works,
Traffic
Engineering

PRIOR TO ISSUANCE OF GRADING PERMITS
13 Prior to commencement of grading or demolition, the Planning Director shall verify that all project grading and construction plans include specific documentation regarding the requirements of the Migratory Bird Treaty Act (MBTA) (16 United States Code Section 703–712) and California Department of Fish and Wildlife Game Code 3503. To be in compliance with applicable nesting bird protections, if construction activities occur during the nesting bird season (February through August) prior to the commencement of tree removal, the site shall be surveyed for active nests by a qualified biologist. The purpose of the nesting bird survey is to ensure compliance with applicable aspects of the MBTA, that preconstruction surveys have been completed and the results reviewed by staff, and that the appropriate buffers (if needed) are established in the field with visible fencing. Should nesting birds be found, an exclusionary buffer shall be established by the qualified biologist, based on consideration of the bird species, the stage of nesting, and the nature of the adjacent construction activity. This buffer shall be clearly marked in the field with visible fencing by construction personnel under the guidance of the qualified biologist, and construction or clearing shall not be conducted within this zone until the qualified biologist determines that the young have fledged or the nest is no longer active.

Planning and
Building
Department,
Planning Services
Division
14 Prior to the issuance of any grading permit in which native soil, as identified by the geotechnical report prepared for the project, is disturbed, the property owner/developer or contractor as designee shall provide evidence in the form of an executed Agreement to the City of Anaheim Planning and Building
department that they have retained a qualified Native American tribal monitor to provide third -party monitoring during excavation and grading activities in native sediment and to recover and catalogue trib al resources as necessary. The tribal monitor shall be from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The agreement shall include (i) professional qualifications of Native American monitor; (ii) detailed scope of services to be provided including but not limited to pre -construction education, observation, evaluation, protection, salvage, notification, and/or curation requirements, as applicable, with final documentation/report to Public Works Inspector; (iii) contact information; (iv) communication protocols between Contractor and Monitor for scheduling to facilitate timely performance; (v) acknowledgement that if tribal monitor is unavailable or unresponsive based on terms stipulated in the agreement, property owner/developer or contractor as designee may contract with another qualified tribal monitor acceptable to the City. The selection of the qualified professional(s) shall be subject to City acceptance based on generally accepted
professional qualifications and certifications, as applicable. The cover sheet of the grading plans shall include a note to identify that that third -party tribal monitoring is required during excavation and grading activities in accordance with City - approved Agreement. Contact information for approved tribal monitor shall be provided by contractor to City inspector at pre- construction meeting.

Planning and
Building
Department,
Planning Services
Division
15 Prepare and submit final grading plan(s) showing the building footprints, pad elevations, finished floors, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition.

Public Works,
Development
Services Division
16 Prepare and submit a final drainage study, including supporting hydraulic and hydrological data to the City of Anaheim for review and approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by
identifying off -site and on- site storm water runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage-mitigating measures including but not limited to offsite storm drains and Public Works,
Development
Services Division
interim detention facilities.
17 The developer shall execute a Save Harmless Agreement with the City of Anaheim for any storm drain connections to a City storm drain system. The agreement shall be recorded by the applicant on the property prior to the issuance of any permits.

Public Works,
Development
Services Division
18 All required plans and studies shall be prepared by a Registered Professional Engineer.

Public Works,
Development
Services Division
19 The OWNER shall obtain the required coverage under
California’s General Permit for Stormwater Discharges
associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) number.

Public Works,
Development
Services Division
20 Submit the Final Water Quality Management Plan (WQMP) to the City for review and approval. The WQMP shall be consistent with the requirements of Section 7 and Exhibit 7.II of the Orange County Drainage Area Management Plan (DAMP) for New
Development/ Significant Redevelopment projects; identify potential sources of pollutants during the long- term on -going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if
applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long- term implementation of and compliance with the defined BMPs.

Public Works,
Development
Services Division
21 Submit a Geotechnical Report prepared by a Registered Geotechnical Engineer to the Public Works Development
Services Division for review and approval. The report shall address any proposed infiltration features of the WQMP. In addition to the condition provided below:

1. Section 3.9 Infiltration Systems: Based on the boring data provided, the lithology varies considerably within the upper 15 to 20 feet across the site. Impeding layers were encountered in some borings but not others and the depth to such impeding layers varies. As such, the lithology appears to consist of occasional lenticular layers of silts and clays within a mostly granular zone.

Historical depth to ground water also varies from 10 to 30 feet within the boundaries of the site. Given the general site conditions, infiltration appears to be feasible in portions of the site. However, in the absence of a specific location and BMP type for infiltration, acceptance of preliminary infiltration parameters are not feasible. A more detail site investigation and analyses will be required for project design at the time that documents for a Public Works,
Development
Services Division
grading permit are submitted to the city. Until then, the recommendations for the depth and infiltration rate of BMP’s provided in the report are not accepted.
22 The Developer/Owner shall be responsible to obtain all the necessary authorization and permits from the appropriate agencies including, but not limited to, California Department of Transportation (CALTRANS), Orange County Flood Control
District (OCFCD), and Union Pacific Railroad (UPRR) that are impacted by the grading permit limits and pay all the costs associated with the application requests. Applicant shall submit to the City of Anaheim a copy of the approved permit and/or other form of authorization from the said agencies.

Public Works,
Development
Services Division
23 The Developer/Owner shall enter into an agreement with the City of Anaheim to preserve the existing public sewer system in Douglass Road as public System until such a time that an approved rerouting of the public sewer system into the new proposed sewer system in River Road to divert the flow has been constructed and accepted by the City.

Public Works,
Development
Services Division
24 The Developer/Owner shall enter into an acceptance agreement with the City for accepting certain amount of storm water flow from Cerritos Avenue (Public Street north of Douglass Road) onto private street and private facilities due to street design limitation to meet acceptable street grades and cross flows at the intersection of Cerritos Avenue and Douglass Road.

Public Works,
Development
Services Division
25 Fire Master Plan shall be submitted to Anaheim Fire Department based on the conceptual Fire Master Plan.

Fire and Rescue
Department
26 Prior to issuance of each grading permit, a hydraulic analysis shall be conducted to the satisfaction of Water Engineering which may determine if specific additional improvements are required.

The 2023 OCVIBE Project Hydraulic Build -
Out analysis
identified additional improvements necessary to ensure adequate supply into the project area. One or more of these improvements are required to be installed and accepted by APU prior to the demands which necessitate their construction. The improvements are briefly described below:

1. Extension of 16” water line in Douglass Road south and west of 57 freeway to connect to the existing waterline in the Angles Stadium.

2. Replacement of existing 12” waterline with 16” in Katella Avenue, from the western project boundary to
approximately 350 feet east of Stadium Crossing.

3. Replacement of existing 10” with 12” waterline in Cerritos Ave. between Douglass Ave and Sinclair Street.

4. Replacement of existing 8” waterline between E. Lark Ellen Lane and 57 freeway with 12” water line. An alternative Public Utilities,
Water
Engineering
solution may be proposed so long as it meets the hydraulic requirements of the project as coordinated with Water
Engineering.

5. The water main in River Road between Cerritos and Auto Center Drive shall be a 16-inch main.

6. Alternative Improvements in Ball Road and River Road from Auto Center to Ball Road may also be considered in lieu of items 3 and 4 above.

PRIOR TO ISSUANCE OF BUILDING PERMITS
27 Consistent with provisions of the Development Agreement, prior to issuance of the first building permit the Master Plan of Arterial Highways (MPAH) must be amended by the Orange County
Transportation Authority (OCTA) allowing for abandonment of the portion of Douglass Road between Katella Avenue and Cerritos Road shown on Exhibit W -1 in the Development
Agreement.

Planning and
Building
Department,
Planning Services
Division

Public Works,
Traffic Engineering
28 Prior to issuance of building permits, the property
owner/developer shall document on building plans, to the satisfaction of the Planning Department, Planning Services Division, that all air conditioning facilities and other roof and ground mounted equipment shall be shielded from public view as required by The Platinum Triangle Mixed Use Overlay Zone and the sound buffered to comply with the City of Anaheim noise ordinances from any adjacent residential or transient -occupied properties. That as part of final building and zoning inspections, compliance shall be verified. Additionally, all exterior appurtenances such as conduits shall be minimized and integrated into the structure; and that any rain gutters, downspouts, and vents shall be finished to match the building materials and/or colors.

Planning and
Building
Department,
Planning Services
Division
29 Prior to issuance of building permits, the property
owner/developer shall document on said plans, to the satisfaction of the Planning Department, Planning Services Division, that all plumbing or other similar pipes and fixtures located on building exteriors shall be fully screened from view of adjacent public rights-of-way and from adjacent properties by architectural devices and/or appropriate building materials. That as part of final building and zoning inspections, compliance shall be
verified.

Planning and
Building
Department,
Planning Services
Division
30 The conceptual location and configuration of all lighting fixtures including ground- mounted lighting fixtures shall be shown on each Final Site Plan. That prior to issuance of building permits, plans submitted for building permits shall document, to the satisfaction of the Planning Department, Planning Services and Building Divisions, the location and configuration of all lighting fixtures including ground- mounted lighting fixtures utilized to accent buildings and landscape elements, or to illuminate pedestrian areas. All lighting shall be shielded to direct lighting toward the area to be illuminated. That as part of final building and zoning inspections, compliance shall be verified.

Planning and
Building
Department,
Planning Services
Division
31 The conceptual location and configuration of all lighting fixtures including ground- mounted lighting fixtures shall be shown on each Final Site Plan. That prior to issuance of building permits, plans submitted for building permits shall document, to the satisfaction of the Planning Department, Planning Services and Building Divisions, the location and configuration of all lighting fixtures including ground- mounted lighting fixtures utilized to accent buildings and landscape elements, or to illuminate pedestrian areas. All lighting shall be shielded to direct lighting toward the area to be illuminated. That as part of final building and zoning inspections, compliance shall be verified
Planning and
Building
Department,
Planning Services
Division
32 Prior to approval of each Final Site Plan and prior to issuance of each building permit, the Anaheim Police Department shall review and approve plans for safety, accessibility, crime prevention, and security provisions during both the construction and operative phases.

Police Department
33 Prior to issuance of building permits for parking structures, plans submitted for building permits shall be approved by the Police Department to ensure that safety and security measures are incorporated, including the use of bidirectional antennae to insure performance of public safety radio communications equipment (800 Mhz) in eighty- five percent (85%) of any structure or developed area, or in compliance with public safety radio system coverage requirements in effect at the time of the issuance of building permits. Prior to final building and zoning inspections, installation of required antennae shall be verified.

Police Department
34 Proposed private improvements that will encroach onto the public right of way will require the applicant to enter into an Encroachment License Agreement with the City as approved by the City Engineer and Director of Public Works.

Public Works,
Development
Services Division
35 The developer/applicant shall be responsible to pay all fees associated with obtaining the necessary easements, permits and the construction of the required improvements.

Public Works,
Development
Services Division
36 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim as an easement for road, public utility and other public purposes and meeting all requirements of the Platinum Triangle Implementation Plan, City Standards, approved Traffic Study, and approved Tentative Tract Map 19153 as described below:

1. A 15-foot wide dedication is required along the north side of Katella Avenue from west of Douglass Road to
Parking Deck B Private Drive to achieve the half width
ultimate right-of-way of 90 feet

2. A 1-foot wide dedication is required along the north side of Katella Avenue from east of Douglass Road to River
Road to achieve the half width ultimate right -of-way of 90 feet

3. A 90-foot dedication is required along the easterly side of the project property adjacent to the Santa Ana River to construct new public street River Rd from Katella Avenue to Cerritos Avenue

4. A variable width of dedication is required along River Road from Cerritos Avenue to Ball Road to achieve the full width ultimate right-of-way of 90 feet. In addition to the right-of-way along the Employee Parking Lot for a right- turn lane, as shown on the approved Master Site Plan and Final Site Plan.

5. Corner cutoff deductions are required at the following intersections: 57 freeway off ramp/Parking Deck B Private Drive and Katella Avenue, River Road and Katella
Avenue, River Road and Stanley Cup Way, River Road
and Cerritos Avenue, and Douglass Road and Stanley Cup
Way

6. Corner cutoff is required at the southeast corner of River Road and Ball Road

7. Corner cutoff deductions are required at the main
driveway entrances on Stanley Cup Way at Private Drive
‘A’ and River Road at Private Drive ‘B’
Public Works,
Development
Services Division
37 The Developer/Owner shall irrevocably offer to dedicate to the City of Anaheim a 5 -foot wide sidewalk easement behind the ultimate right-of-way line along the south side of Katella Avenue between east of Douglass Road and west of the Pedestrian Bridge for public pedestrian access, as shown on TTM19153 for the purpose of the Pedestrian Bridge landing.

Public Works,
Development
Services Division
38 The Developer/Owner shall irrevocably offer to dedicate to the City of Anaheim public access easements for emergency
services, solid waste/trash collection, vehicular and pedestrian for public use along the following interior private streets:

Douglass Road/Lots C&D, Stanley Cup Way/Lots C&E, Cerritos Avenue/Lot F, and Private Drive located on Lot 1 between Katella Avenue and Stanley Cup Way, from property line to property line, as shown on the TTM19153.

Public Works,
Development
Services Division
39 All Landscape plans shall comply with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This ordinance complies with the State of California Model Water Efficient Landscape Ordinance (AV 1881).

Public Works,
Development
Services Division
40 Submit an interim soils report indicating pad compaction and site stability prepared by the project’s Geotechnical Engineer of Record. The pad compaction report shall include a site plan showing the compaction testing locations.

Public Works,
Development
Services Division
41 The developer shall submit street improvement, landscape, and irrigation plans for all work performed in the public right-of-way to the Public Works Department for review. The developer shall submit a cost estimate and post a security (Performance and Labor & Materials Bonds) in an amount approved by the City Engineer and in a form approved by the City Attorney for the construction of all required public improvements within the City street right of way. Street improvements shall be constructed in accordance with the City of Anaheim street improvements standards and requirements, the approved Tentative Tract Map 19153, and as determined by the approved Traffic Study and approved by the City Engineer. Such improvements may include, but not be limited to the following:

1. The developer shall construct new River Road from
Katella Avenue to Ball Road including curb & gutter, cycle track, sidewalk, parkway landscaping, and utilities.

2. Street improvements along Katella Avenue shall include raised medians, curb & gutter, sidewalk, parkway landscaping, and utilities.

3. The developer shall construct new Stanley Cup Way from Douglass Road to River Road including the construction of curb & gutter, sidewalk, parkway landscaping, and utilities.

4. The developer shall construct new Cerritos Avenue from Douglass Road to River Road including the construction of curb & gutter, cycle track, sidewalk, parkway landscaping, and utilities.

5. Street improvements along Douglass Road from Cerritos Avenue to Stanley Cup Way shall include the intersection and pork-chop island, curb & gutter, cycle track, sidewalk, parkway landscaping, and utilities.

Public Works,
Development
Services Division
42 A Right-of-Way Construction Permit shall be obtained from the Development Services Division for all work performed in the public right-of-way.

Public Works,
Development
Services Division
43 Provide a certificate, from the project’s Registered Civil Engineer, certifying that the rough grading for the building pad(s) has been completed in accordance with the City approved grading plan.

Public Works,
Development
Services Division
44 That curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building plans
Public Works,
Traffic Engineering
45 Prior to the issuance of a building permit, the applicant shall record a maintenance agreement against the property, prepared by an authorized professional for review and approval by the City Engineer, Planning Director, and City Attorney, which will Public Works,
Traffic Engineering
generally provide for the following:
• A requirement that residents shall use designated parking area, including garages, only for the parking of vehicles. • A provision that parking garages are subject to inspection by the Association or City of Anaheim staff.
• A provision requiring that proposed amendments to the maintenance agreement shall be submitted for review to the City Engineer, Planning and Building Director or designee, and shall be approved by the City Attorney prior to the amendment being valid.

A provision that the City is a third- party beneficiary to the maintenance agreement and has the right, but not the obligation, to enforce any of the provisions of the maintenance agreement relative to common area and utility maintenance, Water Quality Management Plan, and internal parking.
46 That prior to issuance of building permits, plans shall specifically indicate that all vehicular ramps and grades conform to all applicable Engineering Standards.

Public Works,
Traffic Engineering
47 The Developer/Owner shall submit improvement plans for all improvements identified/required in the approved Traffic Study for the OCVIBE Master Site Plan dated August 2022 in
accordance with City standards and specifications. Public and private street improvements shall meet all City standards and requirements including Platinum Triangle Implementation plan and the Traffic Study, unless otherwise approved through a deviation request.

Public Works,
Traffic Engineering
48 Prior to the issuance of building permits, the property owner/developer shall pay the fair share to improve the intersection of Phoenix Club Drive/Ball Road intersection as identified/required in the approved Traffic Study for the OCVIBE Master Site Plan dated August 2022. Owner/developer shall determine/estimate right-of-way cost and construction cost of improvements needed and shall submit to the City for review and approval. Owner/developer then shall pay fair share cost based on the percentage identified in the approved Traffic Study and the estimate approved by the City.

Public Works,
Traffic Engineering
49 Prior to the first final building and zoning inspection, the Property Owner/Developer shall enter into an agreement with the City of Anaheim for the ongoing operations and maintenance (O& M) of all shared traffic signals, subject to
approval by the City Attorney's office. Traffic Signal
Maintenance costs include preventative or extraordinary maintenance, unrecoverable damages and electrical costs. The City of Anaheim will bill for these costs on a regular basis. Said Public Works,
Traffic Engineering
maintenance cost shall be based on private vs. public access legs of the traffic signal and the total signal operations and maintenance (O& M) cost.
50 Prior to issuance of a building permit for any parking structure, plans shall demonstrate that at-grade ducts and
overhead pipes shall not encroach in the parking space areas or required vehicle clearance areas.

Public Works,
Traffic Engineering
51 At building permit submittal for the Market Hall Building:

Occupant egress requirements for the Market Hall shall comply with CBC/CFC requirements. Alternative designs shall be submitted for Request for Modification/Alternative Means & Method review through the building department.

Fire and Rescue
Department
52 Prior to approval of the first building permit for any phase or final site plan, the following Alternate Means and Methods
requirements shall be demonstrated on the plans for Parking Deck B & C / FSP2020-00004:

4. Additional standpipes provided throughout at a
measurement of 150 feet to each standpipe. Some standpipes were relocated to address the land between the freeway and the parking structure.

5. Portion of wall facing the concert hall shall be a 1 hour rated fire barrier due to 10 foot separation.

Fire sprinkler density increase – ordinary hazard II
Fire and Rescue
Department
53 Prior to approval of the first building permit for any phase or final site plan, the following Alternate Means and Methods
requirements shall be demonstrated on the plans for Parking Deck D / FSP2020-00005:

2. Fire access road will be extended to a portion of the parking structure to provide additional coverage.

5. Additional (exterior) standpipes will be located between the Honda Center and Parking Structure D.

6. Additional standpipes will be provided throughout at a measurement of 150 feet to each standpipe. Some standpipes will be relocated in order to provide coverage to the vehicle ramp.

7. Fire sprinkler density increase – ordinary hazard II

Fire and Rescue
Department
54 Prior to approval of the first building permit for any phase or final site plan, the following Alternate Means and Methods
requirements shall be demonstrated on the plans for Market Hall/ Restaurant Row/ Retail/ Club Buildings/ Concert Hall / FSP2020-00005:

1. Restaurant row - access to plaza from parking levels – provide fire suppression in stair/escalator/ elevator enclosure.

Fire and Rescue
Department