HomeMy WebLinkAboutOrdinance #3736 ORDINANCE NO. 3 7 3 6
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ADOPTING A
FIRST AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND PACIFIC COAST HOMES AND GARFIELD PARTNERS
WHEREAS, the City Council of the City of Huntington Beach does hereby find, determine
and ordain as follows:
SECTION 1. The Development Agreement By and Between The City Of Huntington
Beach and Pacific Coast Homes and Garfield Partners is hereby amended as set forth in Exhibit
«A,5
SECTION 2. This ordinance shall take effect thirty(30) days after its passage.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 19 th day of June , 2006.
Mayor
ATTEST: APPROVED AS TO FORM:
OA&IJ
CY Clerk V #tyAttorney
REVIEWED AND APPROVED: INITIA ED AND APPROVED:
ity AdiWinistrator Dir ctor of Planning • Z y G b .
Exhibit A
First Amendment to Development
Agreement By And Between The
City of Huntington Beach And
Pacific Coast Homes And
Garfield Partners
06ord/.holly amend 1
ordinance No. 3736
Ji
Recorded in Official Records, Orange County
' 'RECORDING REQUESTED BY Tom Daly, Clerk-Recorder
AND WHEN RECORDED RETURN TO: NO F E E
2006000433649 02:42pm 06/28106
City of Huntington Beach 212 50 Al s
2000 Main Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Huntington Beach, CA 92648
Attention: City Clerk
Exempt From Recording Fees Pursuant to Govt.Code §27383
FIRST AMENDMENT TO
r f
DEVELOPMENT AGREEMENT BY AND BETWEEN .
THE CITY OF HUNTINGTON BEACH
AND PACIFIC COAST HOMES AND GARFIELD PARTNERS
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment") is
entered into on May 15 , 2006 ("Execution Date") by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation ("City") and MANSION PROPERTIES, INC., a
California corporation ("Owner"). The effective date of this Amendment shall be December 5,
2005.
RECITALS
A. Pacific Coast Homes, Garfield Partners and City entered into that certain
Development Agreement adopted by Ordinance No. 3080 on November 5, 1-990, having an
effective dated of December 5, 1990, which was recorded on November 14, 1990 in the Official
Records of Orange County as Document No. 90-599766 (the "Development Agreement") affecting
that portion of the Property, as that term is defined in the Development Agreement, described in
Exhibit "A", attached hereto and a part hereof(the "Mansion Property").
B. Owner is the current owner of record of the Mansion Property.
C. The term of the Development Agreement will expire on December 5, 2005 unless the
term is otherwise terminated, modified or extended by circumstances set forth in the Development
Agreement or by mutual consent of the City and Owner or its successors or assigns.
D. The City and Owner now wish to amend the Development Agreement as it relates to
the Mansion Property by extending the term as set forth herein.
NOW THEREFORE, in accordance with Government Code Section 65868 and Section 4.12
of the Development Agreement, the City and Owner agree as follows:
Section 1. Extension of the Term, Limitation of Rights.
The term of the Development Agreement as it relates to the Mansion Property is hereby
extended until December 5 , 2006 unless the term is otherwise terminated, modified or extended
by circumstances set forth in the Development Agreement or by mutual consent of the City and
Mansion or its successors or assigns. During the term of this extension, Mansion shall not process
06ord%.holly amend 2
any Development Approvals. As used herein "Development Approvals" shall have the meaning set
forth in the Development Agreement.
Section 2. Vested Right.
Subject to Section 1 above, Mansion shall continue to have the vested rights to complete the
Development on the Mansion Property in accordance with the Development Agreement. As used
herein, the term "Development" shall have the same meaning set forth in the Development
Agreement.
Section 3. Miscellaneous.
(a) Continuing Effect. Except as expressly modified by this Amendment, all other
terms, obligations, conditions and restrictions set forth in the Development Agreement shall remain
unchanged and in full force and effect.
(b) Counterparts. This Amendment may be executed in multiple counterparts, each of
which shall, for all purposes, be deemed an original, but which together shall constitute one and the
same instrument.
c) Binding Effect. This Amendment shall be binding on the parties hereto and affect
the Mansion Property.
IN WITNESS WHEREOF,this Amendment is executed by the City and Mansion as of the
Execution Date.
MANSION PROPERTIES, INC., CITY OF HUNTINGTON BEACH, a
a Calkfornia corporation municipal corporation of the State of
i California
By: )K�
print name \
ITS: (circle one)Chairman/Presiden ic�President
Mayor
AND
g i y Clerk
Y:
A"&YJ J1
print name APPR VED AS TO FORM:
ITS: (circle one)Secretary/Chief Financial Officer ss. -
' rL �
Secret -Treasurer
CityAttomgf �(
INITIATED AND APPROVED:
dm—,4
Di ector of Planning r-/rf#C
06ord/.holly amend 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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any CorTim,Expires Nov 7,2009 r 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.
WITNESS my hand a d ofycial seal.
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OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
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Title or Type of Document: fY1>D19 �P
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Document Date: Number of Pages:
Signer(s)Other Than Named Above:
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0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
< ss.
�I County of ,6�ro_ 5
On Aor, .2., before me,
Date f Name and nd i e{� of (e.g.,"Jane Doe,Notary ublie)
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signature(s) on the instrument the person(s), or
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WITNESS m hand d offic' I seal �,,,
nature orNorublic ;
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document �
Title or Type of Document:
Document Date: Number of Pages: 2
Signer(s)Other Than Named Above:�� PGYy1
Capacity(ies) Claimed by Signer
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Signer Is Representing:
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Orange
On June 22, 2006 before me ---------P. L. Esparza, Notary Public-------
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared ------------------------ Dave Sullivan-------------------------------------
Name(s)of Signers)
Cf personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/afe
subscribed to the within instrument and
acknowledged to me that he/sheAhe executed
the same in his/hw/VwW authorized
capacity(ise), and that by his/Ul%a#W
signature(s) on the instrument the person(e), or
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acted, executed the instrument.
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MV COMM.ExpliAup4, WITNESS y hand and official seal.
Place Notary Seal Above Aignr of Notary P is
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:First Amendment to Development Agreement by and Between the City
of Huntington Beach Pacific Coast Homes and Garfield Partners
Document Date: May 15, 2006 Number of Pages:
Signer* Other Than Named Above: Joan L. Flynn. City Clerk
Capacity(Wo) Claimed by Signer
Signer's Name: Dave Sullivan
❑ Individual
Mayor
Top of thumb here
Lf Corporate Officer—Title(s): Ma
❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact
❑ rustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: The City of Huntington Beach
O 1999 National Notary Association-9350 Do Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.ruffion&kK*ary.org Prod.No.5907 Reorder:Call To"res 1-80"76.6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
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On Uf e�t) oZ� dD?�� before me, /0d u /
Date Name and Title of Officer(e.g.,"Jane Doe,Notarly Public")
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Name(s)of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name* isfafe-subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in Iris'her/#heir
authorized capacity(+es,), and that by 4is/her/t4eir-
L.ESP,�A signature. on the instrument the person, or the
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Nosmy Pubwc-Camomlo executed the instrument.
Orange County
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Place Notary Seal Above
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OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
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0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
ordinance No. 3736
Ordinance No. 3736
Legal Description
Lot 104 of Tract No. 16490 in the City of Huntington Beach,County of Orange,State of California,
as shown on a map filed in book 859 pages 1-7 of miscellaneous maps in the office of the County
Recorder of said county.
And
Parcel E of Certification of Compliance No. 964 recorded February 28, 1996 as Instrument no.
19960095325 in the office of the County Recorder of the County of Orange, State of California.
Ordinance No. 3736
Sketch to Accompany Legal Description
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Ord. No. 3736
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 5th day of June,2006, and was again read to said City
Council at a regular meeting thereof held on the 19th day of June,2006, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Bohr, Green, Sullivan, Hardy, Hansen, Cook
NOES: None
ABSENT: Coerper
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on June 29,2006.
In accordance with the City Charter of said City
Joan L. Flynn,Ci1y Clerk Ci Clerk and ex-officio erk
Deputy city clerk of the City Council of the City
of Huntington Beach, California