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HomeMy WebLinkAbout6153 RESOLUTION 6153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING VESTING TENTATIVE MAP 52745 FOR A PROPOSED 31 LOT RESIDENTIAL PLANNED DEVELOPMENT LOCATED AT 701 WEST FOOTHILL BOULEVARD WHEREAS, a Vesting Tentative Map and Conditional Use Permit were filed on January 25, 1999, Community Development Division Case No. TM 52745 (commonly known as the "Project" and incorporated herein by reference), at 701 West Foothill Boulevard, more particularly described as follows: That portion of Rancho Santa Anita, and of Lot 3 of Tract 94B, in the City of Arcadia, as shown on Map recorded in Book 17, Page 21 of Maps, in the office of the Los Angeles County Recorder, State of California, described as follows: Beginning at the point of intersection of the westerly right of way line of Baldwin Avenue, said line being 40' west of the centerline of Baldwin Avenue and the north right-of-way line of Foothill Boulevard, said line being 40' north of the centerline of Foothill Boulevard, the "Point of Beginning," thence north 020 59' 40" east 770.97 feet, thence south B80 41' 00" west 1107.55 feet; thence south 010 18' 30" east '171.13 feet, thence north 880 39' 52" east 1049.55 feet, to the point of beginning. WHEREAS, a public hearing was held before the Planning Commission on November 9, 1999 at which time all interested persons were give full opportunity to be heard and to present evidence; and WHEREAS, after the public hearing, the Planning Commission on November 23, 1999 voted 3-0 with two members absent to recommend to the City Council approval of Vesting Tentative Map 52745 and adopted Planning Commission Resolution 1599 expressing the Commission's comments and recommendation to the City Council regarding the Vesting Tentative Map and Conditional Use Permit 99-004 for a proposed 31 lot residential planned development; and WHEREAS, on December 7,1999, the City Council held a public hearing on: (1) the final Environmental Impact Report; (2) Vesting Tentative Map 52745, and (3) Conditional use Permit 99-004 for the proposed 31 lot residential planned development at 701 West Foothill Boulevard; and -1- 6153 WHEREAS, as part of the record of this hearing, the City Council reviewed and considered: 1. All staff reports and related attachments and exhibits submitted by the Community Development Division to the City Council. 2. The record of the Planning Commission hearing regarding C.U.P. 99-004, the Vesting Tentative Map and the Final EIR. 3. All letters, information and material presented as part of the public testimony at the City Council public hearing on December 7, 1999, including the staff report, the Final EIR and all oral presentations and documentation presented at the public hearing. WHEREAS, at the conclusion of the public hearing the City Council reviewed the record of the proceeding, discussed and deliberated the issues, approved the Conditional Use Permit and Vesting Tentative Map and directed staff to prepare this Resolution to reflect their findings and decision consistent with the staff report and their deliberations; and WHEREAS, the above recitals are hereby incorporated as part of the findings set forth below. NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DECIDE AND RESOLVE AS FOllOWS: Section 1. Findings. 1. That the site for the proposed use is 19.1 acres and is adequate in size and shape to accommodate said use and all yards, spaces, walls, fences, parking, landscaping and other features required to adjust said use with the land and uses in the neighborhood. The proposed lots are consistent with the minimum lot size requirement set forth in the underlying zoning and meet the criteria established in Section 9275.1, et seq. in the Arcadia Municipal Code for residential planned developments. 2. That the granting of the Vesting Tentative Map is consistent with the General Plan designation of Residential 0-2 dwelling units per acre. The project as proposed including all the specific conditions set forth in attached Exhibit A, including the mitigation measures, Final EIR (hereby incorporated by this reference) and the -2- 6153 Mitigation Monitoring and Reporting Program will comply with the objectives and policies set forth in the General Plan. 3. That the discharge of sewage from the project into the public sewer system will not violate any requirements prescribed by the California Regional Water Quality Control Board for this region. 4. That the City Council concurs with the Findings of Fact and Statement of Overriding Considerations regarding significant effect under provision of California Public Resources Code Section 21081 and California Code of Regulation Sections 15091 and 15093 as setforth in Resolution 6151. Section 2. Approval subject to conditions. That for the foregoing reasons, the City Council approves Vesting Tentative Map 52745 for a 31 lot residential planned development subject to the conditions set forth in attached Exhibit A. Section 3. That the City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 21st day of December, 1999. May4c~fl ATTEST: ~~ Approved as to Form: ~~s~ney -3- 6153 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 6153 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council on the 21st day of Decerlber, 1999, and that said Ordinance was adopted by the following vote, to wit: AYES: Councill'1el'1ber Harbicht, Roncelli and Chandler NOES: Councilmember Kovacic and Marshall ABSENT: None Ci -4- 6153 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 99-004 AND VESTING TENTATIVE MAP 52745 1) The conditions of approval include all mitigation measures as set forth in the attached Mitigation Monitoring Program. 2) The design 01' the project shall be in substantial compliance with the Vesting Tract Map 52745 dated September 15, 1999 on file in the Community Development Division, Development Services Department. 3) The Conditions as set forth below from the Public Works Services Department shall be complied with to the satisfaction of the Public Works Services Director. a) The water distribution shall provide a minimum of 2000 gallons per minute (gpm) fire suppression capability; existing zone pressure in the surrounding area is from 100PSI. b) The developer shall provide a water hydraulic model showing minimum 2000 gallon per minute available from any hydrant on site with the preliminary design submittal. c) The on-site water system shall be constructed by the Applicant per City design standards and criteria and shall be subject to the approval of the City of Arcadia Public Works Services Department and the Applicant shall submit to the City all bonds to guarantee satisfactory completion of the water system in a form and substance approved by the Public Works Services Department. d) The water pipeline shall be constructed using class 350 ductile iron pipe. e) The final on and off-site fire hydrant location shall be subject to the approval of the city of Arcadia Public Works Services Department and Arcadia Fire Department f) No water service lateral, meter, flush-out or fire hydrant may be located in any driveway or may be closer than three (3) feet from the top of "x" of any driveway or other utility and location is subject to the approval of the City of Arcadia Public Works Services Department. g) All back-flow prevention devices for fire protection and landscape irrigation systems shall be screened and the locations subject to approval of the Development Services Department. Exhibit A Page 1 h) The developer shall irrevocably offer for dedication to the City, prior to recordation of the final map, the agreed upon property necessary for the construction and operation of a water well at the back portion of proposed Lot 14. i) The developer shall provide access onto the premises during normal working hours to the Public Works Services Department staff for the well site surveys upon approval of this conditional use permit and Vesting Tentative Map. j) The well shall be in place and operational before issuance of Certificate of Occupancy for the first house in the project. The developer shall provide construction access to the well site as soon as construction begins on the project. k) The on-site sewer system shall be constructed per City design standards and criteria. I) The City will take ownership and maintenance of both the sewer system and water system subject to the following conditions: (i) That the applicant prepare and submit water and sewer improvement plans of the proposed facilities to the Public Works Services Department Engineering Section for review and approval. Upon departmental approval the plans will be forwarded to the City Engineer for final approval. Said plans shall be prepared by a Civil Engineer registered in the State of California and submitted on 24- inch x 26-inch Mylar (D-size sheet) containing the City of Arcadia title and signature blocks. (ii) That the applicant execute and submit an "Application to, and Agreement with the City of Arcadia" (on a form approved by the City Attorney) and deposit on account with the City the required sum of money necessary to meet all fees and other charges as determined by the City for plan review, inspection and connection fees. (ijj) Prior to final approval and City Engineer's signature of the improvement plans, the applicant shall have prepared, processed, granted, recorded and conveyed to the City a subsurface easement, which shall be dedicated on the tract map, for operating, maintaining, modifying and/or replacing water and sanitary sewer facilities. Said easement shall clearly limit the pavement restoration responsibility of the City to subgrade compaction as required by the City of Arcadia Standard Specifications, and temporary asphalt concrete to provide vehicular conveyance. Permanent surface restoration shall be the responsibility of the new homeowners association for the residential Exhibit A Page 2 planned development for final restoration to existing surface characteristics and the Declaration of Covenants, Conditions and Restrictions governing the premises and the homeowners association shall accurately reflect this condition. (iv) Upon completion and final inspection of all improvements, the applicant shall file a request for dedication for formal acceptance of the facilities by the City. The applicant shall furnish to the City a report of the actual cost of construction of the domestic water and sanitary sewer facilities, a proper bill of sale for each and recorded drawings of each facility. Upon said acceptance, the City shall approve the release of bonds posted to the City for the construction of the domestic water and sanitary sewer facilities. (v) With respect to these facilities, the applicant shall be responsible for any and all installation and repairs to the City facilities constructed by the developer hereunder, for a period of one (1) year from the date of acceptance by the City without expense whatsoever to the City; ordinary wear and tear and unusual abuse or neglect excepted. In the event of failure to comply with the aforementioned conditions, the City is authorized to proceed to have the defect repaired and made good at the expense of the applicant, who shall pay to the City the cost and charges without limitation, including attorney's fees, staff time and other incidental cost involved thereof, immediately upon demand. m) Fifteen (15) foot wide utility easements including legal documentation shall be provided for sewers crossing private property. n) All pipes shall be VCP extra strength with flexible joints, except where parallel and crossing water mains require use of ductile iron pipe. 0) Sewer mains shall be a minimum of 8" in diameter. p) Sewer laterals shall be 6" in diameter VCP from the main to the property line clean out. q) Curvilinear alignment is prohibited. r) The applicant shall provide minimum clearance from any existing or proposed water line per DHS requirement. s) Sewer laterals shall not enter at manholes. t) The minimum depth of main lines shall be 6 feet from finish surface. u) The minimum grade shall be 0.5% for the pipeline and 2% for laterals. Exhibit A Page 3 v) Manholes shall be a maximum of 350 feet apart, required at terminal end (no clean out on main line) and required for change in slope or direction. w) Design the sewer main for 2 feet per second flow velocity minimum. x) NPDES Requirements: (i) Complete Local SUSMP (Standard Urban Stormwater Mitigation Plan) as defined by the NPDES (National Pollutant Discharge Elimination Systern) permit issued to Los Angeles County and 85 cities by the Los Angeles Regional Water Quality Control Board. (ii) Sites over 5 acres are required to prepare a Storm Water Pollution Prevention Plan (SWPPP) and file a Notice of Intent (NOI) with the State. Evidence that the NOI has been filed along with a copy of the SWPPP must be provided to the City prior to any permit issuance. 4) Conditions as set forth below from the Fire Department shall be complied with to the satisfaction of the Fire Chief: a) Parking shall be prohibited along the interior streets and "No Parking" signs shall be posted to the satisfaction of the Fire Department. b) Final design of the gated entrance on Baldwin Avenue shall be submitted to the Fire Department for its review and approval. c) All trees over the right-of-ways shall be trimmed and maintained to a minimum of 13'-6" to provide adequate clearance for Fire vehicles, and the Declaration of Covenants, Conditions and Restrictions governing the premises and the homeowners association shall accurately reflect this condition. d) Any type of decorative overhang on any structure shall maintain a minimum clearance of 13'-6" and the Declaration of Covenants, Conditions and Restrictions governing the premises and the homeowners association shall accurately reflect this condition. e) The emergency access road shall be hard surface to accommodate vehicles in excess of 60 thousand pounds in all weather. The gates shall be automatic that can be controlled by the Fire and/or Police Department personnel at all time. f) Access roads shall be all weather and in place to accommodate 60 thousand pounds before any lumber can be staged on the job site. In Exhibit A Page 4 addition to the access requirement, the water system and fire hydrants shall be fully operational prior to commencement of construction. g) During construction, no construction or contractor vehicles shall be allowed to park on streets restricting access. h) The water supply shall be the minimum as required in the Uniform Fire Code. The minimum fire flow shall be fixed at the level of the largest structure. Based upon the size of dwellings proposed for this site, the required fire flow shall be 2000 gpm for 2 hours (Uniform Fire Code Appendix l11-AA). i) The spacing of fire hydrants shall be a maximum of 350'-0 as indicated in Table lll-BB-l of the Uniform Fire Code. j) All single-family dwellings shall have a modified NFPA 13D Auto Fire Sprinkler system as outlined in Arcadia Municipal Code and Arcadia Fire Department Fire Prevention Policy requirements. All dwellings shall comply with the provisions of the Arcadia Municipal Code for marking addresses on each residence. 5) Conditions as set forth below from the Development Services Department, Engineering Division shall be complied with to the satisfaction of the City Engineer: a) The applicant shall arrange with the utility companies to underground all utility lines serving the new development. b) The following fees shall be paid: Map Fee Final Approval fee (@$25/parcel) $ 25.00 $775.00 $800.00 c) The applicant shall arrange for underground utility services and dedicate easements to utility companies if needed and inform the Development Services DepartmenUEngineering Division in writing of any dedication to utility companies prior to commencement of construction. d) The applicant shall contact the Public Works Services Department to verify if the existing sewer mainlines are adequate for this development. e) The applicant shall arrange with the Southern California Edison Company to: i) Install six (6) 22,000 lumen HPSV Edison owned (LS-1) streetlights on marbelite poles with underground circuits on Foothill Boulevard. Exhibit A Page 5 ii) Install two (2) 22,000 lumen HPSV Edison owned (LS-1) streetlights on marbelite pole with underground circuits on Baldwin Avenue. iii) Install streetlights on private streets with underground circuits. iv) The Engineering Division shall determine the exact locations of all the new lights. The design of the streetlights shall be subject to the review and approval of the Development Services Department. The Developer shall pay all costs associated with the installation of the lights. f) Private streets including the circular portions shall have minimum roadway widths of twenty-eight (28) feet from curb to curb (24' from edge of asphalt pavement to edge of asphalt pavement). These private streets shall be used as a fire lane and the developer shall install "NO PARKING AT ANYTIME" signs per the City standards. g) The main access to the development from Baldwin Avenue shall have a minimum width of 40' with 25' curb returns. The access way shall be wide enough to allow & turn and shall be constructed with full height curb and gutter. h) No cul-de-sac street or dead end street shall extend a distance more than five hundred' (500) feet from an existing access to and from a through street. The minimum diameter of the cul-de-sac street shall be eighty (80) feet between right-of-way lines. The City Councilor its designee may, at is discretion, permit variations of the width, length and alignment. i) The preparation and recordation of the tract map shall be in accordance with the requirements of the State Subdivision Map Act. The map shall be submitted to the County Engineer for checking and after checking the County Engineer's letter recommending approval and map shall be submitted to the City Engineer for map certification. Concurrent with the map being submitted to the County Engineer for checking, the applicant should submit a copy of the City's conditions and requirements to enable the County Engineer to check for applicable conditions. New boundary monuments as set as part of the subdivision must be inspected to the satisfaction of the Los Angeles County Department of Public Works with a letter to the City prior to approval of the final map. A Mylar copy of the recorded tract map of this subdivision must be submitted before final acceptance of the project. j) The Declaration of Covenants, Conditions, Restrictions and Reservations as well as the Final Map shall have a clause stating the owners or an association representing the owners of the development will own and Exhibit A Page 6 maintain streets, sidewalks and all private utility structures within said development. The Declaration shall be subject to review and approval of the City Engineer and the City Attorney prior to recordation of the Final Map and the Declaration shall be recorded against the property in the Office of the Los Angeles County Recorder prior to or at the time of recording the Final Map. k) The applicant shall submit a grading and drainage plan (including erosion control plan) prepared by a registered civil engineer subject to the approval of the City Engineer. Covering open channels, drainage connection or any other modification to the Arcadia Wash must be approved by the Los Angeles County Public Works Department and Army Corp of Engineers. Any connections to existing catch basins must be approved and permitted by the Los Angeles County Public Works Department. Note: All existing and proposed parkway trees, pull boxes, meters, power poles, street lights, driveways, sidewalks, handicapped ramps, catch basins and utility lines shall be shown on the grading/drainage plan. I) The applicant shall submit street, storm drain, sewer and water plans prepared by a registered civil engineer and street light plans prepared by a registered electrical engineer subject to approval of the City Engineer. The structure section of streets shall be constructed per city standards. The proposed rolled curb is subject to the City Engineer's approval. Rolled curbs shall be depressed at each driveway location. m) The applicant shall install City approved standard street name signs and traffic signs. n) The applicant shall contact the City's Public Works Services Department for removal of any existing tree in the parkway and placement of any parkway trees, noting the quantity, location, size and type. 0) The applicant shall saw cut and remove unused driveway approaches and replace with full height curb, gutter and sidewalk. Construct 6" thick PCC driveway apron per Arcadia City Standard Drawing No. 8-11. No driveways shall be constructed closer than three (3) feet from any curb return, fire hydrant, ornamental light standard, telephone or electrical pole, meter box, underground vault or manhole or tree. No portions of the existing gutter and AC pavement shall be removed unless prior approval is obtained from the Development Services Director. p) The applicant shall construct PCC ramps for the handicapped per ADA requirements at the southwest intersection of Baldwin Avenue and Anoakia Lane and the northwest intersection of Baldwin Avenue and Foothill Boulevard. Exhibit A Page 7 q) Gravity drainage outlets shall be constructed per Arcadia City Standard Drawing No. S-11. r) Where necessary, the applicant shall remove and replace deficient or damaged curb, gutter, sidewalk, parkway drains and/or pavement to the satisfaction of the City Engineer. The applicant shall contact the City Inspector for exact locations of removal and replacement. s) The applicant shall obtain approval from Building Services for assigned addresses to be used for the subject development. t) The applicant shall obtain permit for all work performed in the public right- of-way. The City Inspector shall be contacted at least 24 hours prior to construction of off-site improvements. u) All construction in the public right-of-way shall be in accordance with all applicable sections and/or provisions of the latest edition of the "Standard Specification or Public Works Construction" (Greenbook) and the City of Arcadia's Standard Drawings. v) The contractor shall comply with all requirements of Federal, State and local laws and regulations pertaining to the CLEAN AIR AND CLEAN WATER ACT and National Pollutant Discharge Elimination System (NPDES) Best Management Practices (BMP's). w) New centerline ties set as part of this subdivision must be submitted before final acceptance of the project. x) All survey monuments, centerline ties, and survey reference points shall be protected in place or re-established where disturbed in accordance with Section 8771 of the Land Surveyors Act, prior to issuance of a Certificate of Completion of the project. This work shall be the responsibility of the permittee and shall be at the permittee's expense. y) Prior to the City Engineer's approval of the final map, the developer shall: (1) complete all required public improvements and conditions as stipulated above, or, (2) enter into a subdivision agreement with the City in a form and substance approved by the City Engineer in his/her sole and absolute discretion, with appropriate security if the required public improvements have not been completed by the developer and accepted by the City. A minimum of two (2) weeks processing time is required for final map signature(s). z) If the developer posts a security for any of the required improvements, the subdivision agreement has a 12-month expiration date and all work Exhibit A Page B specified in the subdivision agreement shall be completed within 12 months. aa) Any changes made by the applicant on the plans may result in modification to the conditions of approval as necessary to comply with the City's regulations. 6) The final grading plan shall be subject to the Development Services Department review and approval to ensure that grading is in substantial conformity with the tentative grading plan and in compliance with the City's code requirements in relation to building height per Section 9251.2.1 of the Arcadia Municipal Code. 7) The applicant agrees to defend, indemnify and hold harmless the City, its officials, officers, employees and agents, from any and all claims, actions or proceedings brought against the City and/or its officials, officers, employees or agents, to attack, set aside, void or annul the City's approval of the tentative tract map and/or the conditional use permit pertaining to the Anoakia project or the subject property, or arising out of the certification of the Environmental Impact Report relating thereto, or arising out of the construction on the subject property, save and except that caused by the City's active negligence. The City shall promptly notify the applicant of any such claim, action or proceeding upon the City's receipt of notice, thereof, and shall cooperate fully in the defense thereof. 8) The developer shall replace any oak tree (new or existing) that dies during the period of time that construction by the developer is taking place on the property. The final plans shall contain provisions in the form of recorded covenants, conditions and restrictions or other devices which guarantee to the satisfaction of the Development Services Department that the provisions of Section 9277.10 of the Arcadia Municipal Code relating to common areas, including but not limited to, perimeter walls, the entry area(s), perimeter landscape areas, etc., are complied with and that the development in its entirety including privately owned and common areas shall be perpetually, or as long as legally possible, operated and maintained in good condition and that such provisions may be enforced by the City and that the City may recover the cost of any such enforcement. In addition, the CCR's shall include covenants and disclosure statements that the Homeowner's Association is responsible for replacement of any oak trees located within the common area and that private property owners are responsible for compliance with the City of Arcadia's oak tree regulations as set forth in Section 9700 et seq. of the Arcadia Municipal Code and any successor ordinances. Oak trees that die from natural causes shall be Exhibit A Page 9 subject to removal per the City's oak tree regulations in Section 9700 et seq. of the Arcadia Municipal Code and any successor ordinances. 9) Upon completion of the new entrance off of Baldwin Avenue the developer shall install a historic marker near the gate identifying the site as an historic landmark. The location, material, wording and design of the marker shall be submitted to the Development Services Department for review and approval. 10) Any modifications or changes to the perimeter wall shall be subject to the review and approval of the Development Services Department. 11) The design of the homes shall be consistent with the plans on file in the Development Services Department. The Assistant City Managerl Development Services Director may approve minor exterior alterations. 12) If any person or entity submits within ninety (90) days of final approval by the City of Arcadia of this Conditional Use Permit and Vesting Tentative Map, a completed application to the City pursuant to Arcadia Municipal Code SB631, et seq., as determined by the City in its sole and absolute discretion, to relocate the main existing residential structure or any portion thereof, then the applicant shall enter into an agreement with such person or entity to allow for the relocation without payment to the applicant, subject to the following: a) The agreement shall provide that the party seeking such removal shall bear all costs and expenses for such removal and shall provide for reasonable indemnification of the applicant by that person or entity, that person or entity shall post a bond with the City equivalent to the City's estimate of the costs to relocate the structure, that person or entity shall obtain general liability insurance covering the relocation in an aggregate amount of at least $5 million, and the developer shall not unreasonably fail to execute such agreement; all of the foregoing subject to the determination and approval of the City in its sole and absolute discretion. The agreement shall provide that the relocation of the residential structure or any portion thereof shall be completed within two-hundred ten (210) days following the final approval by the City of this C.U.P. and Vesting Tentative Map. Furthermore, the applicant shall make payment to a not for profit charitable organization qualifying as such under Internal Revenue Code Section 501 (c)(3) equal to the actual costs of segregating and preserving during demolition of the structure, and thereafter relocating all of those certain items listed to be donated to the Los Angeles County Arboretum and to the City of Arcadia as set forth in those certain letters from McCaslin Properties dated November 15, 1999, as attached to these conditions. The approval of this C.U.P. and Vesting Tentative Map are conditional upon all items on such lists being preserved and relocated to the recipient parties specified therein. Exhibit A Page 10 13) That after the issuance of a building permit a Rough Grading Certificate shall be required prior to the placing of any concrete on the site and a final Grading Certificate shall be required prior to the final building inspection. Said certificates shall certify that all grading operations have been completed in substantial compliance with the final grading plan approved by the City Engineer and shall be filed with and approved by the Development Services Department. 14) If the City approves the project as submitted, including demolition of the structures, the developer shall dismantle the house and dwellings in such a manner that certain agreed upon elements of the structures (see the attached letters dated November 19 from McCaslin Properties) shall be preserved for future permanent display or use. All items shall be presented to the City and/or Arboretum for temporary storage and the City shall solicit proposals for locating the items in the most appropriate location(s). 15) That a landscape and irrigation plan for the perimeter exterior landscaping, open space areas and all lots shall be submitted to the Development Services Department for review and approval prior to ground breaking for any of the dwellings within the development. 16) If deemed necessary by the City's traffic engineer, the applicant shall provide . at its costs and expense during construction of the proposed project, off-site construction traffic control pursuant to the approval of the City Engineer. 17) That the developer shall provide to the City a copy of the Phase 1 subsurface environmental investigation. 1 B) The applicant shall have prepared at its cost and expense, subject to approval by the City, a scaled model of the entire Anoakia site to be donated to the City and displayed in a location selected by the City. Exhibit A Page 11