HomeMy WebLinkAboutM.S. VICKERS - 1997-12-15Recording requested by, and
when recorded, mail to:
i
Recorded in the County of Orange, California
City of Huntington Beach Gary L. Granville, Clerk/Recorder
2000 Main Street IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII No Fee
Huntington Beach, CA 92648 19970666714 10 ; 38am 12/29/97
Attn: City Clerk 005 24009665 24 62
C15 11 6.00 30.00 0.00 0.00 0.00 0.00
CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND (�
THE ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS �� 1
BY AND BETWEEN THE CITY OF HUNTINGTON BEACH,
MS VICKERS II.. L.L.C. AND PAUL H. GEIL
WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (Agreement) by
and between the City of Huntington Beach, a municipal corporation ("City"), and Pacific Coast
Homes, a California corporation, and Garfield Partners, a California corporation (collectively,
"Developer"), was recorded in the Official Records of Orange County, California as Document
No. 90-599766; and
On May 6, 1996, the City Council of the City of Huntington Beach gave its consent to the
sale of property and assignment of the Developer's rights, duties and obligations arising under
the Agreement from Pacific Coast Homes to PLC and MS Vickers II, L.L.C.; and
By that certain grant deed dated March 1, 1996, and recorded on May 9, 1996 as
Document No. 19960234746 of Official Records of Orange County, California, MS Vickers
acquired all right, title and interest in and to that certain property described in the legal
description and sketch collectively attached hereto as Exhibit "A," and incorporated by this
reference as though fully set forth herein (hereinafter referred to as the "Property); and
MS Vickers desires to sell the Property, which is a portion of the entire site covered by
the Agreement, to Paul H. Geil, an individual hereinafter referred to as "Buyer," and to assign
certain of the Developer's rights, duties and obligations under the Agreement to the Buyer; and This document is solely 1Por_ 0-0
The Agreement provides in part at Paragraph 4.2 that: official buciress of the City
of Huntin'.,ton Banah, ma 00p�,ell4
plated un-lc ^ 0ov erz moat Code
Sec. 6103 and should be r0coid0d
free of chargVax-Exempt-Government Agency
This document is solely for the ,CITY OF HUNTINGTON BEACH
4/s:PCD:Agree:Consent: Geil11 4 official. 0-' t.ho"City„
RLS 97-848 Connie Brockway, CMC
11/4/97 of II.r: ,� contem— i
Code City Clerk
plated Code
Sec. 6111�"' a:.:-,? should be recorded putt' City Clerk
free of ch-lr,
•
•
Prior to making the dedications and improvements required herein, Developer
may sell, assign or transfer the Property in whole or in part with the consent of the
City, such consent not to be unreasonably withheld. City's consent will not be
required if such assignment is made to an affiliate of Developer. Any purchaser,
assignee or transferee shall have all of the rights, duties and obligations arising
under this Agreement insofar as such rights, duties and obligations are applicable
to the Property or portion thereof purchased, assigned or transferred; and
The City is willing to consent to the sale of the Property and to the assignment of the
rights, duties and obligations arising under the Agreement from MS Vickers to Buyer, and Buyer
wish to memorialize his acknowledgment of all his rights, duties and obligations he shall assume
upon the sale of the Property and assignment of the Agreement;
NOW, THEREFORE, the City, MS Vickers and the Buyer do hereby agree and
acknowledge as follows:
CONSENT TO SALE OF PROPERTY
The City hereby consents to the sale of the Property to Buyer.
2. CONSENT TO ASSIGNMENT
The City hereby consents to the assignment of the rights, duties and obligations
arising under the Agreement from MS Vickers to the Buyer, as described in the document
attached hereto as Exhibit `B," and incorporated by this reference as though fully set forth
herein.
3. ACKNOWLEDGMENT OF RIGHTS. DUTIES AND OBLIGATIONS
The Buyer hereby acknowledges that by accepting this assignment, he accepts all
of the rights, duties and obligations arising under the Agreement insofar as such rights, duties
and obligations are applicable to the Property or portion thereof purchased, assigned or
transferred.
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2
4/s:PCD:Agree:Consent:Geil 11-4
RLS 97-848
11 /4/97
4. RELEASE OF MS VICKERS
The City acknowledges that upon acceptance of the assignment of the rights,
duties and obligations under the Agreement by the Buyer as provided above, MS Vickers shall
have no further obligations arising out of any acts, omissions, or events occurring subsequent to
the effective date of the transfer.
MS VICKERS II, LLC, CITY:
Delaware limited liability company CITY OF HUNTINGTON BEACH
Its (circle one) Chairman of the Board,/President/
AzzVice Presi e
• LN11
&e or Print Name)
Its (circle one) SEcreta Any Assistant Secretary/
Chief Financial Officer/Any Assistant
Treasurer
BUYER:
PAUL IL
i
Paul H: eil
3
4/s:PCD:Agree:Consent:Gei1 11-4
RLS 97-848
11/4/97
a municipal corporation of the
State of California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
,
INITIATED AND APPROVED:
Director of Community Development
REVIEWED AND APPROVED:
Qa..n s2belc'4 .
City Ad&inistrator
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY 0 )
1997, before me, Irene M. Freltas, Notary Public
a N�/lic in and for said State, personally appeared
peregnally known tO me
t,gT- proved to me on the basis of satisfactory evidence) to be the
person(j4 whose name(A) is/are subscribed to the within instrument
and acknowledged. to me that he/ahef� executed the same in
his authorized capacity(&ee4 , and that by his
signature ) on the instrument the person(/d), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
No
c
STATE OF CALIFORNIA )
ss.
COUNTY OF
IRENE M. FRM
CgnNulon • iOM19
CaMW"
Lai ArGMM %Cwm E> M jun 1b• 7D
[SEAL]
On OOV. 10 1997, before me,
a Notary Public in and for said Sta e, personally appeared
personally known_ to me
( ) to be the
person X whose name( is �e bscribed to the within instrument
d acknowledged to me that he si�e%hep executed same in
hi /Yte-;�� authorized capacity(,), and that by hi /
signature W on the instrument the person or the entity upon
behalf of which the person) acted, executed the instrument.
WITNESS Rnd and official seal.
Not r Public
GNDY BYLIN
Cornrri'ssion # 1152653
Z m No�ory Puolic - Colifornia
Los Ange;es County
My Corn—:. Expires Ajg 23. 2-001
s�
[SEAL]
NB1-289571.V1 11/13/97
•
•
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF L33, S
ss.
On k)(pV. A , 1997, before me, G1.-.� � u�vvl- ,
a Notary Public in and for said State," p63�sonally appeared
5, j t2 , personally known to me
( ) to be the
person(.X.whose name( is awe subs ibed to the within instrument
an nowledged to me that t,YYy executed the me in
h / er th)Qr authorized capacity ), and that by }-s her th�ir
sign ure(K on the instrument the person W, or the entity upon
behalf of which the person X acted, executed the instrument.
WITNESS m ha d and official seal. CaDYaYUN
Commission 4 1152653
Z
Z.C�y No`a'y PuoliC - CaPornia
Los Angeles County
My Com^-:. Expires Aug 23, 2001
Nota Public
[SEAL]
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On , 1997, before me, ,
a Notary Public in and for said State, personally appeared
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the
person(s) whose names) 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
signatures) on the instrument the person (s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
[SEAL]
NB1-289571.V1 11/13/97
i \1
S t •
•
EXHIBIT "A"
DESCRIPTION OF REAL PROPERTY
All.,that certain land situated in the City of Huntington Beach, County of Orange, State
of California, described as follows:
LOT 21 IN BLOCK C OF GARFIELD STREET ADDITION TO HUNTINGTON
BEACH, AS PER MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
Assessor's Parcel Numbers 111-140-34 and 111-140-35
.11;: raF•'TJA 'HFPA I it11 t(iNUHANa
:UUNTY ASSESSOR DEPL PURPOSES ONI. i
ALL
F ASSESSOr+ LIAKES NU GUARANTEEAS TU
ACCURAi Y NOR ASSUMES ANY LIABILITY
fI OTHER uhES. NUT TU RE REPRODUCED
RIGHTS A SEVi*)
r�PYAII;fl1 PNf•.! ,;ruimTYASSES , 19
CRYSTAL
$ STEWART
MARCH /95/'
15
/00'
o -
STREET
e
THIS MAP WAS PREPARED FOR ORANGE COUNTY
ASSESSOR DEPT PURPO
SOR MSED ONLY THE ASSES-
9KES NO Gl/gRAT,TTEE AS TO ITS ACCURACY
NOR ASSUMES ANY LIABILITY FOR OTHER USES.
NOT TO BE REPRODUCED ALL RIGHTS RESERVED.
Or-OPYRIGHT ORANGE COUNTY ASSESSOR t!)SG
( SM£LTZER AVENUE) STREET
13
CARF/£LD STREET ADDITION M.M.7-2728. NOTE — ASSESSOR'S BLOCK
PARCEL NUMBERS
SHOWN /N CIRCLES
ASSESSOR'S MAP
BOOK I I I PAGE 14 O
COUNTY OF ORANGE
• 0
--w' et, _ �. '.�d =�, _..� .: - x ; _ gym_ - -� `�' 3 ' o-''
- '
EXHIBIT "B"
CLARIFICATION OF DEVELOPMENT AGREEMENT No. 90-1
RIGHTS, DUTIES AND OBLIGATIONS BETWEEN
MS VICKERS II, LLC (SELLER) AND
Mr. PAUL H. GEIL(BUYER)
FOR APNs 111-140-34 & 111-140-35 (PROPERTY)
Section 2.2.1: Linear Park.
All obligations relative to this condition have already been fulfilled.
Section 2.2.2: Neighborhood Parks.
Obligation for design, dedication, improvement and initial maintenance of
neighborhood parks was assumed by PLC at the time of the purchase of this property
by MS Vickers LLC. PLC retains those obligations.
Section 2.2.3: Public Right of Way and Private Streetscape Improvements.
2.2.3 (a): The obligation to dedicate property for public right of way has been
fulfilled by MS Vickers II, LLC.
2.2.3 (b) and 2.2.3 (c): Buyer will assume the obligation to improve and
maintain private perimeter landscaping, walls and signage on the property.
2.2.4: Traffic and Circulation Improvements.
Most of the obligations under this section relevant to the subject property were assumed
by PLC at the time of the purchase of this property by MS Vickers LLC. PLC retains
those obligations, with the following clarifications:
2.2.4 (f): Buyer is responsible for the payment of any fees levied pursuant to
this section and applicable to this property.
2.2.4 (g): Buyer will be responsible for payment of future traffic fees, if any,
imposed by ordinance and applicable to this property.
2.2.5: Water, Sewer, Drainage and Utility Improvements.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations, with the following
clarifications:
2.2.5 (d): Buyer will be responsible for the undergrounding of any overhead
utilities on the Property at the time of development.
2.2.5 (f): PLC has assumed the responsibility for construction of the backbone
"Green Acres" reclaimed water project. Buyer will be responsible for the
connection of onsite irrigation systems to the Green Acres backbone system.
•
•
2.2.6: Fire and Emergency Medical.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations.
2.2.7: Police.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations.
2.2.8: School Facilities.
Buyer will be responsible for payment of any impact fees that may be due HBCSD per
the existing mitigation agreement as a result of the development of -the property.
2.2.9: Other Development Controls.
Not applicable to this property.
2.2.10• Fees:
Buyer will be responsible for the payment of any and all fees due under this section as
a result of the development of the property.
�Jraa-G�l -L�i�G fcc�/7�
Council/Agency Meeting Held: 7
Deferred/Continued to:
2/Approved ❑ Conditionally Approved ❑ Denied City Clerk's S nature
Council Meeting Date: December 15, 1997
Department ID Number: CD 97-62
CITY OF HUNTINGTON BEACH �- B•, ��)
REQUEST FOR COUNCIL ACTION
a &49"�
�. 9 �9 1. 5 a2 � /�"�",�� �,,¢ti `"7to 1 `D�%• �� l/
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, Acting City Administrator 04--J
PREPARED BY: MELANIE S. FALLON, Community Development Director
SUBJECT: Approve Consent For Pending Sale of a 1.0 acre Property located
at the northwest corner of Clay Ave. and Gothard St. (APN 111-
140-34 and 35) in the Holly Seacliff Development Agreement Area
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status,
Attachment(s)
Statement of Issue:
Transmitted for your consideration is a request by MS Vickers II, LLC for the City Council to
provide consent to the pending sale of a 1.0 acre parcel on Gothard (Crystal) Street to Paul H.
Geil. The parcel is subject to the Holly Seacliff Development Agreement. Section 4.2 of the
Holly Seacliff Development Agreement requires the City to provide consent to the sale of the
properties covered by the Development Agreement if the sale is to a party not affiliated with the
Developer and if all public improvements have not been completed. Staff has performed due
diligence regarding the pending sale of this .property and recommends that the City Council
provide consent to the sale of the property to Paul H. Geil.
Funding Source: Not applicable.
Recommended Action:
I & 159TESTIMS
1. "Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, approve the request by
MS Vickers II, LLC for the City Council to provide consent for the pending sale of a 1.0 acre
Property located at the northwest corner of Clay Avenue and Gothard Street (APN 111-140-
34 and 35) to Paul H. Geil; and
2. Authorize the MayorA to execute the Certificate of Consent to the Sale of Property and the
Assumption of Rights Duties and Obligations." & a -10 /'ecoyD Awe_ u„14 tie- Cw wy
REQUEST FOR COUNCIL ACAN
MEETING DATE: December 15, 1997
Alternative Action:
DEPARTMENT ID NUMBER: CD 97-62
The City Council may make the following alternative motion:
"Continue the request for consent for the pending sale of a 1.0 acre Property located
at the northwest corner of Clay Avenue and Gothard Street (APN 111-140-34 and
35) and direct staff accordingly."
Analysis:
A. PROJECT PROPOSAL:
Applicant: MS Vickers II, LLC
Location: Approximately 1.0 acre located on the northwest corner of Clay
Avenue and Gothard (Crystal) Street.
B. BACKGROUND:
On November 5, 1990, the City Council adopted the Holly Seacliff Development Agreement
for the properties owned by Pacific Coast Homes and other Chevron Land and Development
Company subsidiaries in the Holly Seacliff area. The Development Agreement requires the
Developer to provide numerous public improvements. To date, the Developer is in
compliance with the terms of the Development Agreement as determined by the annual
compliance reports reviewed by the Planning Commission and the City Council. The most
recent report, for 1996, was approved by the Planning Commission on March 25, 1997 and
the City Council on May 5, 1997.
On May 6, 1996 the City Council approved the consent for the pending sale of approximately
65 acres of property governed ,by the Development Agreement to MS Vickers II, LLC. The
subject parcel was included in the 65 acre total.
C. STAFF ANALYSIS AND RECOMMENDATION:
MS Vickers II, LLC has entered into a purchase and sale agreement with Paul H. Geil for the
sale of a 1.0 acre parcel on the northwest corner of Clay Avenue and Gothard Street
(Attachment No. 2). The parcel is located in the Holly Seacliff Development Agreement
area. Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, the City Council
must provide consent prior to the sale or transfer of properties to buyers not affiliated with
the Developer.
CD97-62.DOC -2- 11/20/97 9:38 AM
*QUEST FOR COUNCIL ACTIWN
MEETING DATE: December 15, 1997 DEPARTMENT ID NUMBER: CD 97-62
The subject parcel is currently vacant and zoned for industrial development. There is no
development proposed for the site at this time. The letter from the applicant indicates that
the majority of the Development Agreement obligations were assumed by PLC, not MS
Vickers II, LLC at the time of purchase from Chevron Land and Development Company. MS
Vickers II, LLC's obligation to dedicate property for public right-of-way has been fulfilled. The
buyer will be responsible for any fees and on -site infrastructure, including undergrounding of
overhead utilities, associated with developing the property when this occurs. The Fire
Department does not have any concerns regarding the proposed sale.
The City Attorney has determined that all of the obligations of the development agreement
run with the land covered by the development agreement and with the buyer. The City
Attorney has prepared a Certificate of Consent Agreement (Attachment No. 3) which has
been signed by the seller and the buyer; the Certificate will be signed by the City if the
consent request is approved.
Staff recommends that the City Council provide consent to the sale of the subject parcel and
authorize the Mayor to execute the Certificate of Consent. There are no outstanding public
improvement issues related to the parcel, and the terms of the Development Agreement will
be fulfilled.
Environmental Status:
The Holly Seacliff Development Agreement No. 90-1 is covered by Final Environmental
Impact Report No. 89-1 which was certified by the City Council on January 8, 1990. No
additional environmental review is necessary. Staff has prepared a mitigation measure
compliance matrix for Final Environmental Impact Report No. 89-1 which requires the
Developer to complete necessary studies and complete the requirements of the studies prior
to development.
Attachment():
1. Vicinity Map
2. Letter from GCI Group dated October 16, 1997
3. Certificate of Consent Agreement.
CD97-62.DOC -3- 11/20/97 9:38 AM
THIS "Ap WAS
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OUN1Y aSSESSOR DEPI. PURPOSES Owi NOR SASAs E �""S° BUM F
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REPRGAil
F ASSESSOR MAKES NO GUARANTEE ASTO "Nor n 04 OTHER �Ba ACCURACY NOR ASSUMES ANY ObUC fY110THER USES. NO1 i0 BE REPRODUCED
RIGHTS R SERYEI) r 15 I .
r0PYR1[1111 ir1 -MINTY ASSE5 1 1199..
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$ STEWART I SAIELTIER AVENUE) STREET
13
GARFIELD STREET ADDITION M.M.T-27,28. NOTE — ASSESSOR'S BLOCK
PARCEL NUMBERS
SHOWN IN CIRCLES
411 Q
• '
O
W
•
A-1 -96
ASSESSOR'S MAP
BOOK I I 1 PAGE 14
COUNTY OF ORANGE
O
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GO GROUP
18662 MacArthur Boulevard, Suite 200, Irvine, California 92715 (714) 474-9620 FAX: (714) 474-7350
October.10, 1997
Ms. Mary Beth Broeren
City of Huntington Beach
Department of Community Development
2000 Main Street P.O. Box 190
Huntington Beach, CA 92648
RE: Request for City Consent to Sale of Property /�
Holly Seacliff Dv:�vlCy.^,:e::: Agree-ment No. 9071
APN: 111-140-34 & 111-140-35
Dear Mary Beth:
. MS Vickers II, LLC has entered into an agreement to sell the above referenced parcel
of land to Mr. Paul H. Geil. In accordance with Section 4.2 of the Development
Agreement, we are formally requesting the City's consent to this sale.
As you may recall from the _City's consents to the purchase of this property from
Chevron Land and Development Company, et. al., the majority of the Developer's
Obligations under Section 2.2 of the Agreement were assumed by PLC. Any remaining
site specific obligations will be transferred to the Buyer and triggered by the
development of this property. Those obligations are described more fully in Exhibit B,
attached hereto.
If you . have any questions regarding the requested consent or need additional
information, please call me at your convenience. Thank you for all your help and
expeditious handling of this matter.
Sincerely,
Patrick A. Gibbons
enclosures
cc: Mr. David Simon
Ms. Linn Pierce
AL
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M
EFF"
.r
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0
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
.CITY CLERK
December 22, 1997
Gary L. Granville, County Clerk -Recorder
P. O. Box 238
Santa Ana, CA 92702
CALIFORNIA 92648
Enclosed please find a Certificate Of Consent To The Sale Of Property And The
Assumption Of Rights, Duties And Obligations By And Between The City Of Huntington
Beach, MS Vickers II, L.L.C. and Paul H. Geil to be recorded and returned to the City of
Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA
92648.
Please return a conformed copy of the Consent To Sale when recorded and return to
this office in the enclosed self-addressed stamped envelope.
�;� 60&6'4'7
Connie Brockway, CMC
City Clerk
Enclosures
g:\followup\deedltr:MS Vickers II, L.L.C. and Paul H. Geil
( Telephone: 714.536.5227 )
•
•
Recording requested by, and
when recorded, mail to:
City of Huntington Beach .
2000 Main Street
Huntington Beach, CA 92648
Attn: City Clerk
• • • • • • 'TlUE •
WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (Agreement) by
and between the City of Huntington Beach, a municipal corporation ("City"), and Pacific Coast
Homes, a California corporation, and Garfield Partners, a California corporation (collectively,
"Developer"), was recorded in the Official Records of Orange County, California as Document
No. 90-599766; and
On May 6, 1996, the City Council of the City of Huntington Beach gave its consent to the
sale of property and assignment of the Developer's rights, duties and obligations arising under
the Agreement from Pacific Coast Homes to PLC and MS Vickers II, L.L.C.; and
By that certain grant deed dated March 1, 1996, and recorded on May 9, 1996 as
Document No. 19960234746 of Official Records of Orange County, California, MS Vickers
acquired all right, title and interest in and to that certain property described in the legal
description and sketch collectively attached hereto as Exhibit "A," and incorporated by this
reference as though fully set forth herein (hereinafter referred to as the "Property); and
MS Vickers desires to sell the Property, which is a portion of the entire site covered by
the Agreement, to Paul H. Geil, an individual hereinafter referred to as "Buyer," and to assign
certain of the Developer's rights, duties and obligations under the Agreement to the Buyer; and
This document to soloW for 00
The Agreement provides in part at Paragraph 4.2 that: official business of the City
of Hunti.n�..ton...eachi a* coat®0
plated ur..:c: uover=ent Cod•
Sec. 6103 and should be r000Mod
free of chargTax-Exempt-Government Agency
This docume>llt is solely for the CITY
RLS97G- 48ree:Consent:Gei111-4 offics.al. �? `•; Ar:,9 Of t:y` EACH
ho CitOF OF Connie Brockway, HUNTINGTON B
CMC
11/4/97 of II.r .. ns contem—
Code *City ClerkSec. 61:t°Q Cn—d should be recordedfree of ch-). City Clerk
u
•
Prior to making the dedications and improvements required herein, Developer
may sell, assign or transfer the Property in whole or in part with the consent of the
City, such consent not to be unreasonably withheld. City's consent will not be
required if such assignment is made to an affiliate of Developer. Any purchaser,
assignee or transferee shall have all of the rights, duties and obligations arising
under this Agreement insofar as such rights, duties and obligations are applicable
to the Property or portion thereof purchased, assigned or transferred; and
The City is willing to consent to the sale of the Property and to the assignment of the
rights, duties and obligations arising under the Agreement from MS Vickers to Buyer, and Buyer
wish to memorialize his acknowledgment of all his rights, duties and obligations he shall assume
upon the sale of the Property and assignment of the Agreement;
NOW, THEREFORE, the City, MS Vickers and the Buyer do hereby agree and
acknowledge as follows:
1. CONSENT TO SALE OF PROPERTY
The City hereby consents to the. sale of the Property to Buyer.
2. CONSENT TO ASSIGNMENT
The City hereby consents to the assignment of the rights, duties and obligations
arising under the Agreement from MS Vickers to the Buyer, as described in the document
attached hereto as Exhibit `B," and incorporated by this reference as though fully set forth
herein.
3. ACKNOWLEDGMENT OF RIGHTS,. DUTIES AND OBLIGATIONS
The Buyer hereby acknowledges that by accepting this assignment, he accepts all
of the rights, duties and obligations arising under the Agreement insofar as such rights, duties
and obligations are applicable to the Property or portion thereof purchased, assigned or
transferred.
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2
4/s:PCD:Agree:Consent:Gei 111-4
RLS 97-848
11 /4/97
4. RELEASE OF MS VICKERS
The City acknowledges that upon acceptance of the assignment of the rights,
duties and obligations under the Agreement by the Buyer as provided above, MS Vickers shall
have no further obligations arising out of any acts, omissions, or events occurring subsequent to
the effective date of the transfer.
MS VICKERS II, LLC, CITY:
Delaware limited liability company CITY OF HUNTINGTON BEACH
U0,41a
(Type or �,lM'�","t:
Its (circle one) Chairman of the Board,/President/
Vice Presi e
Lo
v U 115,s rnG rl A
(T a or Print Name)
Its (circle one). SrcretaDAny Assistant Secretary/
Chief Financial Officer/Any Assistant
Treasurer
BUYER:
PAUL IL
Paul H. eil
3
4/s:PCD:Agree:Consent:Geil11-4
RLS 97-848
11 /4/97
a municipal corporation of the
State of California
Mayor
ATTEST:
� c
City Clerk J41.7lq 7
APPROVED AS TO FORM:
City Attorney
INITIATED AND APPROVED:
Director of Community Development
REVIEWED AND APPROVED:
City Adfii6istrator
•
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY 0 )
01!5A l/. /'Y 1997, before me, Irene M. Freltas, Notary Public
a Notary Public in: and for said State, personally appeared
PAU f/. CAE/,C. e
t-er- proved to me on the.basis of satisfactory evidence) to be the
person( whose name (A) is/are-subscribed to the within instrument
and acknowledged to me that he/clef executed the same in
his erft authorized capacity(&-&e , and that by his /har4t-1-;
signature on the instrument the person V), or the entity upon
behalf of which the person(s).acted, executed the instrument.
WITNESS my hand and official seal.
N
STATE OF CALIFORNIA )
` ) ss.
COUNTY OF LDSeG�G s )
IRENEE M. FRERM
Carrrr�kdon i IOD201'
lyo}ary p�Wc — Callanb
N►y Cpn^. E�q�lres Jun 6.7�
[ SEAL]
On �ky. Zo , 1997, before me, GA'--kh O>%--
a Notary Public in and for said Sta e, personally appeared
personally known to me
( ) to be the
person whose name( is � bscribed to the within instrument
nd acknowledged to me that he a�ti7ey executed same in
her!th�ir authorized capacity(,bo), and that by hi /her/t
signature( on the instr ment the person, or the entity upon
behalf of which the person) acted, executed the instrument.
WITNESS nnd and official seal.
Not r Public
GNDY BYUN
Comrrdssion = 1152653
Z m Novo y Puoiic - Col'ifornia Zz
+" Los Acgeies County
MY Com=xaire5 A,;g 23, 2Z
jf
[SEAL]
NB1-289571.V1 11/13/97
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NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA
ss.
COUNTY OF
On KjGV. aS , 1997, before me, ; U) vyt ,
a Notary Public in and for said State,' personally appeared
5, personally known to me
( ) to be the
person(X whose name( is a� subs ibed to the within instrument
;X/
Verrth�Qr
nowledged to me that �l/she ty executed the me in
authorized capacity ) , and that by la' s her tKr
signe(X on the instrument the personW, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS _m ha d and official seal. C;NDYBYUN
Commission ;F 1152653
z OMYCorn-�.EOresAjg23
No°ay Puolic - CalforniaLos Angeles Coun
, 2001
Nota Public
[SEAL]
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On , 1997, before me, ,
a Notary Public in and for said State, personally' appeared
personally known to me
(or 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.
WITNESS my hand and official seal.
Notary Public
[SEAL]
NB1-289571.V1 11/13/97
0
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EXHIBIT "A"
DESCRIPTION OF REAL PROPERTY
All that certain land situated in the City of Huntington Beach, County of Orange, State
of California, described as follows:
LOT 21 IN BLOCK C OF GARFIELD STREET ADDITION TO HUNTINGTON
BEACH, AS PER MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
Assessor's Parcel Numbers 111-140-34 and 111-140-35
CRYSTAL
1.11., WAS 'Hf l'RIItU r0H (IHAN(iZ
:OUNTY ASSESSOR DEPT.PURPOSES OtIrT
IF ASSESSOR MAKES NO GUARANTEE AS TO
I S ACCUNA0 NOR ASSUMES ANY LIABILITY
It OTHER USES. MOT TO RE REPIiODUCEO
LL RIGHT8 R SEAVEn
r,nvYRu',w Nr..1 f11lNTY?::SFS f1Iq
so'
6
?8
Q
f
SO'
31
re.
;It
a�Q
iz
'� GO
Q
J
W
rc
Iq
66
/00'
15
a
�— STREET
THIS MAP WAS PREPARED FOR ORANGE COUNTYIII'' 4
ASSESSOR DEPT PURPO
SOR SED ONLY THE ASSES
K%MES NO GUgpgMEE AS 70RS ACCURACY
NOR ASSUME- ANY LIABILITY F
NOT i0 BE REPRODUCED USES. ALL ROR OTHER RIGHTS RESERVED.
IVCC`PYRIGHT ORANGE COUNTY ASSESSOR 1 `9% .
SMELTI£R AVENUE) STREET
13
GARFIELD STREET ADDITION M. M.X 2T, 2B. NOTE — ASS£SSOR'S BLOCK Q
PARCEL NUMBERS
SHOWN /N CIRCLES
_I co
■�I
Q
J
U
0
s
3
ASSESSORS MAP
BOOK 1 t t PAGE 14 O
COUNTY Of ORANGE
s
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i
EXHIBIT "B"
CLARIFICATION OF DEVELOPMENT AGREEMENT No. 90-1
RIGHTS, DUTIES AND OBLIGATIONS BETWEEN
MS VICKERS H, LLC (SELLER) AND
Mr. PAUL H. GEIL(BUYER)
FOR APNs 111-140-34 & 111-140-35 (PROPERTY)
Section 2.2.1: Linear Park.
All obligations relative to this condition have already been fulfilled.
Section 2.2.2: Neighborhood Parks.
Obligation for design, dedication, improvement and initial maintenance of
neighborhood parks was assumed by PLC at the time of the purchase of this property
by MS Vickers LLC. PLC retains those obligations.
Section 2.2.3: Public Right of Way and Private Streetscape Improvements.
2.2.3 (a): The obligation to dedicate property for public right of way has been
fulfilled by MS Vickers II, LLC.
2.2.3 (b) and 2.2.3 (c): Buyer will assume the obligation to improve and
maintain private perimeter landscaping, walls and signage on .the property.
2.2.4: Traffic and Circulation Improvements.
Most of the obligations under this section relevant to the subject property were assumed
by PLC at the time of the purchase of this property by MS Vickers LLC. PLC retains
those obligations, with the following clarifications:
2.2.4 (f): Buyer is responsible for the payment of any fees levied pursuant to
this section and applicable to this property.
2.2.4 (g): Buyer will be responsible for payment of future traffic fees, if any,
imposed by ordinance and applicable to this property.
2.2.5: Water, Sewer, Drainage and Utility Improvements.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations, with the following
clarifications:
2.2.5 (d): Buyer will be responsible for the undergrounding of any overhead
utilities on the Property at the time of development.
2.2.5 (f): PLC has assumed the responsibility for construction of the backbone
"Green Acres" reclaimed water project. Buyer will be responsible for the
connection of onsite irrigation systems to the Green Acres backbone system.
2.2.6: Tire and Emergency Medical.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations.
2.2.7: Police.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations.
2.2.8: School Facilities.
Buyer will be responsible for payment of any impact fees that may be due HBCSD per
the existing mitigation agreement as a result of the development of the property.
2.2.9: Other Development Controls.
Not applicable to this property.
2.2.10: Fees:
Buyer will be responsible for the payment of any and all fees due under this section as
a result of the development of the property.
REQUEST FOR LATE SUBMITTAL OF RCA
EXPLANATION(Why is this RCA necessary to this -agenda?):
CONSEQUENCES How shall delay of this RCA adversely impact the City?):'
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Request for Late Submittal
Requests for Council Action (RCA's) are due and considered late after
the City Administrator's deadline which is 5:00 P.M. Wednesday ten
days prior to the Council meeting at which the item is to be heard. This
deadline reflects the time needed prior to Agenda Review for
Administration staff and the City Administrator to review all RCA's and
their support material prior to forwarding them to the City Clerk for
placement on the preliminary agenda. It also provides time for the- City
Clerk's office to review the item and add proper wording for the item to
the preliminary agenda for discussion at Agenda Review the following
Monday.
The Request for Late Submittal form provides a vehicle for RCA's to be
submitted after the Wednesday, deadline when there are extenuating
circumstances which delayed the item and when action on the item is
necessary at the upcoming Council meeting.
Late items can agendized only with signed authorization on the Request
for Late Submittal form by the Assistant City Administrator or the City
Administrator.
RCA ROUTING SHEET
INITIATING
DEPARTMENT:
COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT:
Consent for Pending Sale of Approximately 1.0
acre (Assessor's Parcel Nos. 111-140-34 and
35) in the Holly Seacliff Development
Agreement Area
COUNCIL MEETING DATE:
December 15, 1997
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in Lull by the City Attorney) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
CALIFORNIA ALL-PURPA ACKNOWLEDGMENT 9
MAYBRICE L. HENRY I
Commission # 1157474
State of
lE- :- Z �► Notary Public - California
Orange County
My Comm. Expires Oct 2, 2001
County of dr,�
On A2eez.,4, /T997 before me, V&"
Date Name and Title of Officer (e.gjlZane Doe, Notary Pu
personally appeared
`'' Name(s) of Signer(s)
C personally known to me - to be the person
whose name(s) isMm subscribed to the within instrument
and acknowledged to me that hefshe* ear executed the
MAYBRICEL same in44ieFherA46r authorized capacityfieej, and that by
CorrmMi " 1.1574i41 Wellherft#� signature( on the instrument the person(s�,
z` -� ' N Rublic - 0514ornla: Z
z DrpngeCountg ? or the entity upon behalf of which the person( acted,
MyComm:'lxpresOct 2 2001 executed the instrument.
WITNESS my hand and official seal.
_nature of Notary Public
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: djF,,:& eg.r a
MS Vze k..& / I'.) UP- 'to Pow.Q f{ . jdq
Document Date: %X 15 197 Number of Pages: 3
Signer(s) Other Than Named Above: 4 LJie.n.,,r... l ALILZA . A' , ►�`
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee _
CI
❑ Guardian or ConservatorOF
Other: 'Mg4j&3j Top of thumb here
Signer Is Representing:
Signer's Name:
701
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
of thumb here
0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
CALIFORNIA ALL-PURPA ACKNOWLEDGMENT •
State of _
County of.�
On kIZ4p.4a.,j /?, 1497 before me, �eVait" 10 e& . g1&eL_�,
Da a Name and Title of Office .g., "Jane Doe, Vary Public")
personally appeared
or Name(s) of Signer(s)
personally known to me —OR to be the person*
whose name(c� is/aoeasubscribed to the within instrument
and acknowledged to me that he4sheAhelt executed the
:MAY9RICEh.II:NRIr same in*isfher/#k;eiauthorized capacityfies), and that by
'CoffirKWonA. l4is�herA#heipsignature(*on the instrument the personfs),
z NotayPubric-Wi0ift � or the entity upon behalf of which the person* acted,
Orange Copnfy Fexecuted the instrument.
- My.Gottirrr:°f�ir�esOct�2DDt:
WITNESS my hand and official seal.
Signature of Notary Publi 17
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: 4ug_ AP I! l ► I •1 w b -- Vf 4'35
MS X, LL c 10a k
Document Date: I,-4�sIQ� Number of Pages: 3
Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: 4.,
❑ Individual
❑ Corporate Officer
Title(s):
C Partner — ❑ Limited ❑ General
Ell Attorney -in -Fact
ElTrustee
Guardian or Conservator
❑Other: ". tQL,& Top of thumb here
dr
Signer Is Representing:
Signer's Name:
El
El
El
❑
El
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ElGeneral
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
.p of thumb here
0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827