HomeMy WebLinkAboutPACIFIC COAST HOMES - 2001-05-07 z
Flo.
, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: July 2, 2001
TO: Mahaffey & Associates ATTENTION: Douglas Mahaffey
Name
18881 Von Karman Ave. , Suite 1200 DEPARTMENT:
Street
Irvine, CA 92612 REGARDING: Consent for Pending
City,state,Zip
Sale
See Attached Action Agenda Item E-9 Date of Approval 5/7/01
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page x Agreement x Bonds Insurance
RCA Deed Other
M.B. Broeren Planning CC:
x x
Name Department RCA Agreement Insurance Other
Name Depnrtatent RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Insurance
ITalephone:7145-1"227)
1
Recording requested by, and
when recorded, mail to: Recorded in official Records, County of Orange
Gary Granville, Clerk-Recorder
City of Huntington Beach ''l11111i1IIIlllill!.liiilH11111�I'�IIIiI�11IIIIIIIIII1,IIINO FEE
2060 Main Street 2001035414912'12pm 05131/01
Huntington Beach, CA 92648 110 3 C34 A37 11
Attn: City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND THE Y
ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS BY AND n
BETWEEN.THE CITY OF HUNTINGTON BEACH, PACIFIC COAST HOMES, AND
MONTE WEAVER FAMILY PRODUCTION LLC I
THIS CERTIFICATE OF CONSENT is made and entered into on this 7th day of
May , ;PW- 2o01.
WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (hereinafter
referred to as the "Agreement") by and between the City of Huntington Beach, a municipal
corporation (hereinafter referred to as the "City"), and Pacific Coast Homes, a California
corporation and Garfield Partners, a California corporation (hereinafter collectively referred to as
the "Developer"), was recorded in the Official Records of Orange County, California as
Document No. 90-599766; and
The Developer owns all right, title and interest in and to that certain real property
commonly known as Assessor's Parcel Numbers 1 I 1-150-31, 111-150-32, and 111-150-33
(hereinafter collectively referred to as the "Property") more particularly described in the legal.
description and sketch attached hereto as Exhibits "A-1" and "A-2", respectively; and
The Developer desires to sell the Property, which is a portion of the entire site covered by
the Agreement, to Monte Weaver Family Production LLC, (hereinafter referred to as the
"Buyer," and to assign certain of its rights, duties and obligations under the Agreement to the
Buyer; and
The Agreement provides in part at Paragraph 4.2 that:
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
1
4:`s:2000Agree:Weaver
KLS 00-358
7!;2-:00
1
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 the Developer to the Buyer, and
the Buyer wishes to memorialize its acknowledgment of all its rights, duties and obligations it
shall assume upon the sale of the Property and assignment of the Agreement;
NOW, THEREFORE, the City, the Developer 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 the Buyer.
2. CONSENT TO ASSIGNMENT
The City hereby consents to the assignment of the rights, duties and obligations
arising under the Agreement from the Developer to the Buyer, as described herein.
3. ACKNOWLEDGMENT OF RIGHTS, DUTIES AND OBLIGATIONS
The Buyer hereby acknowledges that by accepting this assignment, it 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.
4. Il`rCORPORATION OF EXHIBITS
Attached hereto and incorporated by this referenced as though fully set forth
herein are the following exhibits:
A-1: Legal Description of the Property.
A-2: Sketch of the Property.
5. RELEASE OF DEVELOPER
The City acknowledges that upon acceptance of the assignment of the rights,
duties and obligations under the Agreement by the Buyer as provided above, the Developer shall
have no further obligations with respect to the Property arising out of any acts, omissions, or
events occurring subsequent to the effective date of the transfer, except for those specific
obligations retained by the Developer as identified in the Agreement and Paragraph 6 below.
6. COMPLETION OF DEVELOPMENT AGREEMENT OBLIGATIONS. .
The consent hereby given is expressly conditioned upon the items stated above,
and the completion of all of the following items:
a. All terms, conditions and obligations of the Holly Seacliff Development
Agreement No. 90-1, not explicitly defined herein or previously transferred to another
2
41s:2000Agree:Weaver
RLS 00-358
711 MO
party pursuant to the Agreement, shall continue to be the responsibility of the Developer;
and
b. The Buyer shall pay the Library Development Fee pursuant to Huntington Beach
City Council Resolution 96-71 for all of its building permits in accordance with
Ordinance No. 3344.
IN WITLESS WHEREOF the parties hereto have executed this Certificate by and
through their authorized officers o�the date first above written.
PACIFIC COAST HOMES CITY OF HUNTINGTON BEACH, a
a California corporation Ca ' ornia municipal corporation
By
Mayor
(print name) ATTEST:
Its (circle one) ' • Board/
President/A y Vice President
City Clerk
By
APPROVED AS TO FORM:
Its (circle o Secreta Assistant City Attornyy
Secretary/chie Financial Officer; / �
Any Assistant Treasurer REVIEWED AND APPROVED:
42ezv cn
City AdKinistrator
INITI TED AND APPROVED:
SIGNATURES CONTINUED ON NEXT' DkWtor of Plan ' g
PAGE
3
4'5:2000\gree:Weaver
Rl_S 00-359
7 1100
BUYER:
MONTE WEAVER FAMILY PRODUCTION
LLC
A California Limited Liability Company
By
(print name)
Its (circle one) Chairman of the Board/
President/Any Vice President
By j
(print name)
Its (circle one)Secretary/AnyAssistant
Secretary/Chief Financial Officer;
Any Assistant Treasurer
4
4!s:200OAgree:Weaver
RLS 00-358
7/12100
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss. •
County of /� aC
On /5 Z.001 , before me,U76/ &6doneIl�Ddf.J�r 4 Vic,
Date Name and Tit:e of OfGcor' -,'Jane Doe,Not op,ub.c'i
personally appeared a✓"aft
Name(s)of Signer(si J -
- personally known to me 3
g proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) iWare I
subscribed to the within instrument and
acknowledged to me that helskelthey executed
the same in bis/h+er/their authorized
capacity(ies), and that by W/he/their
CHRIONE CLEM signature(s) on the instrument the person(s), or
Commhs1on*125M the entity upon behalf of which the person(s)
Notary iPubllc-CalbrrtlQ acted, executed the instrument.
Orange County
My Comm.bpkm Jan 18,20D4
- WITNESS my hand and official seal.
Place Notary Seal Above 5 gnat.lre of Notary Public
f
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
I Title or Type of Document:
I
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
A.
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual K
Top of thurnu sere
❑ Corporate Officer—Title(s): T
C Partner—E. Limited , General
C Attorney in Fact
I � Trustee
= Guardian or Conservator
t Other:
I
a Signer Is Representing:
0 1999 Natrona Notary Asa at c,•9350 De Soso Ave..PO Box 2402•Chatswoen,CA 9.315-2402•auw natiore^c:ary.cT 'xd.'do 590? Reader:Call Toi:Free 7-800-876-E827
EXHIBIT A
LEGAL DESCRIPTION
EXHIBIT A'-1
DESCRIPTION .
THE LAND REFERRED TO HEREIN' IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANTGE, CITY OF
HU`ITINGTONT BEACH,AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
LOT 29 IN BLOCK B OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH, AS SHOWN ON A
MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA.
EXCEPT ALL MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND ALL
UNDERGROUND WATER IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID LAND WHICH
UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID
LAND, FOR THE PURPOSE OF PROSPECTING FOR, THE EXPLORATION, DEVELOPMENTT, .
PRODUCTION, EXTRACTION AND TAKING OF SAID IMINER.aLS, OIL, GAS, PETROLEUM, OTHER
HYDROCARBON SUBSTANCES AND WATER FROM SAID LAND BY MEANS OF MINES, WELLS,
DERRICKS AND/OR OTHER EQLUIPMENT FORM SURFACE LOCATIONS ON ADJOINING OR
NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LAND, IT BEING
UNDERSTOOD THAT THE OWNER OF SUCH MINERALS, OIL, GAS, PETROLEUM, OTHER
HYDROCARBON SUBSTANCES AND WATER, AS SET FORTH ABOVE, SHALL HAVE NO RIGHT TO
ENTER UPON THE SURFACE OF THE ABOVE DESCRIBED LAND NOR TO USE ANY OF THE SAID
LAND OR ANY PORTION THEREOF ABOVE SAID PARALLEL TO AND 500 FEET BELOW THE
PRESENT SURFACE OF THE SAID LAND FOR ANY PURPOSE WHATSOEVER, AS RESERVED BY
HU TINGTON BEACH COMPANY N THE DEED RECORDED JUNE 3, 1991 AS I:vSTRUMEtiT NO.
91-273901 OF OFFICIAL RECORDS.
PARCEL B:
LOT 30 IN BLOCK B OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH, AS SHOWN ON A
1VIAP THEREOF RECORDED LV BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF
SAID ORANGE COUNTY.
EXCEPTING THEREFROM THE WESTERLY ONE-HALF OF SAID LOT 30.
ALSO EXCEPTING FROM THE REMAINDER THEREOF, ANY PORTION OF SAID LAND INCLUDED
WInfN THE LLVES OF THE LAND DESCRIBED IN THE DEED TO GEORGE H. HUGHES AND OTHERS,
RECORDED FEBRUARY 23, 1929 LN BOOK 246, PAGE 206 OF OFFICIAL RECORDS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE COUNTY, WHICH LAND IS DESCRIBED AS THE
NORTHWEST QUARTER OF THE EAST ONE-HALF OF SAID LOT 30.
PARCEL C:
THE WEST ONE-HALF OF LOT 30 IN BLOCK B OF GARFIELD STREET ADDITION TO HUNT NGTON
BEACH, AS SHOW ON A I`LNP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORN-A.
EXCEPTLNTG FROM PARCELS i AND 2 ABOVE, ALL MINERALS, OIL, GAS, PETROLEUM, OTHER
HYDROCARBON SUBSTANCES AND ALL UNDERGROUND WATER LN OR UNDER OR WMCH MAY BE
PRODUCED FROM SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW
THE PRESENT SURFACE OF SAID LAND, FOR THE PURPOSE OF PROSPECTING FOR, THE
EXPLORATIONT, DEVELOPMENT, PRODUCTION, EXTRACTION AND TAKING OF SAID MINERALS, OIL,
GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND WATER FROM SAID LAND BY MEANS
OF MINES, WELLS, DERRICKS AN7D/OR OTHER EQUIPMENT FORM SURFACE LOCATIONS ON
PAGE 14
° r
EX13IBIT A-1.
ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LAND, IT
BENG UNDERSTOOD THAT THE OWNER OF SUCH NIIINERALS, OIL, GAS, PETROLEUM, OTHER
HYDROCARBON SUBSTANCES AND WATER, AS SET FORTH ABOVE, SHALL HAVE NO RIGHT TO
ENTER UPON THE SLTRFACE OF THE ABOVE DESCRIBED LAND NOR TO USE ANY OF THE SAID LAND
OR ANY PORTION THEREOF ABOVE SAID PARALLEL TO AND 500 FEET BELOW THE PRESENT
SURFACE OF THE SAID LAI\TD FOR ANY PURPOSE tiVHATSOEVER, AS RESERVED BY HITINTI_VGTON
BEACH COMPANY IN THE DEED RECORDED JUNE 3, 1991 AS LNSTRUMENI T NO.91-273901 OF OFFICIAL
RECORDS.
PAGE 15
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MARCH 1951 CARFIELO STREET ADVI TIUN M-M. 7-27. 28 NOTE - ASSE550)4'S DLOG•ir d RSSF.SSLK"'S MA _
PARdL NUMBEnS BOOK I II PAGE
EXHIBIT "B"
CLARIFICATION OF DEVELOPMENT AGREEMENT 90-1
RIGHTS, DUTIES & OBLIGATIONS BETWEEN PACIFIC COAST HOMES (SELLER)
AND MONTE WEAVER FAMILY PRODUCTION (BUYER)
Section 2.2.1; Linear Park. Developer will be responsible for all park dedications required by the
Agreement. In the event the Property is developed for residential use, Buyer shall be responsible
for payment of park and recreation fees.
Section 2.2.2; Neighborhood Parks. Developer will retain all obligations for design, dedication,
improvement and initial maintenance of neighborhood parks as required by the Agreement.
Section 2.2.3, Public Right of Way and Private Streetscape Improvements. Developer will retain
all obligations for arterial right of way improvements as required by the Agreement. 'Buyer will
assume responsibility for installation and maintenance of perimeter landscape improvements, if
any, on the Property.
Section 2.2.4• Traffic and Circulation Improvements, Developer will retain all obligations, with
the following clarifications:
2.2.4(j), Developer will retain all traffic impact fee credits for Developer improvements.
In the event development of-the Property requires the payment of traffic impact fees,
Buyer shall be responsible for payment of traffic impact fees.
2.2.4 • Buyer will be responsible for payment of future traffic fees, if any, imposed by
ordinance and applicable to the Property.
2.2.4(h) and (i), Developer will retain all credits and reimbursements-for. traffic and
circulation improvements due under this section of:the Agreement.
Section 2.2.5, .'Water, Sewer, Drainage and Utility Improvements, Developer will retain all
obligations, with the following clarifications:
2.2.5 Q • Developer will retain all credits and reimbursements for sewer, drainage, utility
and water improvements due under this section of the Agreement.
225(h); Developer will retain all obligations, credits and reimbursements for water
system improvements due under this section-of theAgreement.
Section 2.2.6; Fire and Emergency 'Medical, Developer will retain all obligations, with the
following clarification:
2.2.6 • Developer will retain all obligations, credits and reimbursements due under this
section of the Agreement.
Section 2.2,7, Police, Developer will retain all obligations, with the following clarification:
2.2.7(a),• Developer will retain all obligations, credits and reimbursements due under this
section of the Agreement.
Section 2.2.8; School Facilities, Seller will retain the obligation for designation of a public
elementary school site. Buyer will be responsible for payment of HBCSD elementary school
impact fees associated with development of the Property.
0 3/28100
Section 2.2.9, Other DeveIo ment Controls
2.2.9 a ; Not applicable to Property.
2.2.9 b • The Property will remain subject to all provisions of the Holly Seacliff Specific
PIan.
Section 2.2.10: Fees, with the following clarifications:
2.2.10(a):- 1b). (c), (t), { _{i) and_ (j); Buyer will be liable for payment of any
development fees applicable to the development of the Property, not already paid or
mitigated by Developer.
2.2.10(d),• Buyer will be liable for payment of any Police/Fire operating fee if such fee is
adopted by the City and is applicable to the development of the Property.
2.2.10 h • Traffic Impact Fees, refer to 2.2.4(f) above.
01/28/00
HJ.je
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
May 17, 2001
Gary L. Granville
County Clerk-Recorder
P. O. Box 238
Santa Ana, CA 92702
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, Pacific
Coast Homes, and Monte Weaver Family Production LLC 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 Certificate of Consent when recorded to this office in
the enclosed self-addressed stamped envelope.
Connie Brockway, CMC
City Clerk
Enclosures
g-11allowuprmisc...doc Certificate of Consent to the Sale of Property...-Pacific Coast Homes, Monte Weaver
Family Production LLC
l
(Telephone,71"38-5227)
IT
1 fANNIV)
Council/Agency Meeting Held: as 0-1
Deferred/Continued to:
Approved ❑ Condition Ily Approved ❑ Denied J)_- Cler ' Signature
Council Meeting Date: May 7, 2001 Department ID Number: PL 01-17
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION =
N �
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS-2
2aC3
SUBMITTED BY: RAY SILVER, City Administrators pC.)�
x���
PREPARED BY: HOWARD ZELEFSKY, Planning Director
c�
SUBJECT: Approve Consent For Pending Sale of property at th"onhwest
corner of Main and Holly Sts. (APNs 111-150-31-33) iVhfiqlolly
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 Pacific Coast Homes for the City Council
to provide consent to the pending sale of three properties to Monte Weaver Family
Production LLC. The properties are 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 these
properties and recommends that the City Council provide consent to the sale to Monte
Weaver Family Production LLC.
-funding Source: Not applicable.
Recommended Action:
Motion to:
1. ".Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, approve the
request by Pacific Coast Homes for the City Council to provide consent for the pending sale
of property at the northwest corner of Main and Holly Sts. (APNs 111-150-31-33) to Monte
Weaver Family Production LLC; and
2. Approve and authorize the Mayor and City Clerk to execute the Certificate of Consent to
the Sale of Property and the Assumption of Rights, Duties and Obligations, and authorize
the City Clerk to record said document with the Orange County Recorder."
r,
*QUEST FOR COUNCIL ACON
MEETING DATE: May 7, 2001 DEPARTMENT ID NUMBER: PL 01-17
Alternative Action:
The City Council may make the following alternative motion:
"Continue the request for consent of the pending sale of property at the northwest
corner of Main and Holly Sts. (APNs 111-150-31-33) to Monte Weaver Family
Production LLC and direct staff accordingly."
Analysis:
A. PROJECT PROPOSAL:
Applicant: Pacific Coast Homes
Location: Northwest corner of Main and Holly Sts. (APNs 111-150-31-33)
Pacific Coast Homes has entered into a purchase and sale agreement with Monte Weaver
Family Production LLC for the sale of the above listed properties (Attachment No. 2).
B. BACKGROUND:
On November 5, 1990, the City Council adopted the Holly Seacliff Development Agreement
(DA) for the properties owned by Pacific Coast Homes and other Chevron Land and
Development Company subsidiaries in the Holly Seacliff area. The DA requires the
Developer to provide numerous public improvements. To date, the Developer is in
compliance with the terms of the DA as determined by the annual compliance reports
reviewed by the Planning Commission and the City Council. The most recent report, for
2000, was approved by the Planning Commission on January 23, 2001 and the City Council
on March 5, 2001.
C. STAFF ANALYSIS AND RECOMMENDATION:
The subject properties are currently vacant and zoned for medium density residential uses.
There are no development plans proposed for the properties at this time.
There are no outstanding development agreement obligations associated with this property.
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.
PL01-17 -2- 419101 2:06 PM
*QUEST FOR COUNCIL AC*N
MEETING DATE: May 7, 2001 DEPARTMENT ID NUMBER: PL 01-17
The City Attorney has determined that all of the obligations of the DA run with the land
covered by the DA 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 properties and
authorize the Mayor and City Clerk to execute the Certificate of Consent.
Environmental Status:
The Holly Seacliff DA 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.
Attachments):
City Clerk's
Page Number
1. Vicinity Map
2. Request Letter from seller dated November 16, 1999
3. Certificate of Consent Agreement
RCA Author: MBB
PLOI-17 -3- 419/01 2:06 PM
ATTACHMENT 1
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ATTACHMENT 2
i •
chuf on
IS Chevron
November 16, 1999 HUMUS-ld jo}umpudea PACIFIC COAST HOMES
3100 South Harbor Boulevard,Suite 340
6 6 6 L Z A 0 N Santa Ana,California 92704
�g
Fax(714)427-1223
G 3 A 1 33 Id Kathy spencer
Legal Analyst
(714)427-1216
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
APN. 111-150-31-33
Dear Ms. Broeren:
Pacific Coast Homes has entered into an agreement to sell its interest in the above referenced
parcels of land to the Monte Weaver Family Production LLC. 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 consent to the purchase of this property from Chevron Land
and Development Company, et aI, the majority of the Developer's Obligations under Section 2.2
of the Agreement were assumed by PLC. There are no remaining site specific obligations for this
property.
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,
Kathy Spencer
enc.
ATTACHMENT 3
L.J
Recording requested by, and
when recorded, mail to:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: City Clerk
CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND THE
ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS BY AND
BETWEEN THE CITY OF HUNTINGTON BEACH, PACIFIC COAST HOMES, AND
MONTE WEAVER FAMILY PRODUCTION LLC
THIS CERTIFICATE OF CONSENT is made and entered into on this 7xh day of
May, 2449- 2001.
WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (hereinafter
referred to as the "Agreement") by and between the City of Huntington Beach, a municipal
corporation (hereinafter referred to as the "City"), and Pacific Coast Homes, a California
corporation and Garfield Partners, a California corporation (hereinafter collectively referred to as
the "Developer"), was recorded in the Official Records of Orange County, California as
Document No. 90-599766; and
The Developer owns all right, title and interest in and to that certain real property
commonly known as Assessor's Parcel Numbers 111-150-31, 111-150-32, and 111-150-33
(hereinafter collectively referred to as the "Property") more particularly described in the legal
description and sketch attached hereto as Exhibits "A-l" and "A-2", respectively; and
The Developer desires to sell the Property, which is a portion of the entire site covered by
the Agreement, to Monte Weaver Family Production LLC, (hereinafter referred to as the
"Buyer," and to assign certain of its rights, duties and obligations under the Agreement to the
Buyer; and
The Agreement provides in part at Paragraph 4.2 that:
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
t
41s-2000Agree:Weaver
RI S 00-358
7/12M
s •
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 the Developer to the Buyer, and
the Buyer wishes to memorialize its acknowledgment of all its rights, duties and obligations it
shall assume upon the sale of the Property and assignment of the Agreement;
NOW, THEREFORE, the City, the Developer 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 the Buyer.
2. CONSENT TO ASSIGNMENT
The City hereby consents to the assignment of the rights, duties and obligations
arising under the Agreement from the Developer to the Buyer, as described herein.
3. ACKNOWLEDGMENT OF RIGHTS, DUTIES AND OBLIGATIONS
The Buyer hereby acknowledges that by accepting this assignment, it 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.
4. INCORPORATION OF EXHIBITS
Attached hereto and incorporated by this referenced as though fully set forth
herein are the following exhibits:
A-1: Legal Description of the Property.
A-2: Sketch of the Property.
5. RELEASE OF DEVELOPER
The City acknowledges that upon acceptance of the assignment of the rights,
duties and obligations under the Agreement by the Buyer as provided above, the Developer shall
have no further obligations with respect to the Property arising out of any acts, omissions, or
events occurring subsequent to the effective date of the transfer, except for those specific
obligations retained by the Developer as identified in the Agreement and Paragraph 6 below.
6. COMPLETION OF DEVELOPMENT AGREEMENT OBLIGATIONS.
The consent hereby given is expressly conditioned upon the items stated above,
and the completion of all of the following items:
a. All terms, conditions and obligations of the Holly Seacliff Development
Agreement No. 90-1, not explicitly defined herein or previously transferred to another
2
4/s:2000A gree:%Veaver
Rl_S 00-358
7112`00
party pursuant to the Agreement, shall continue to be the responsibility of the Developer;
and
b. The Buyer shall pay the Library Development Fee pursuant to Huntington Beach
City Council Resolution 96-71 for all of its building permits in accordance with
Ordinance No. 3344.
IN WITNESS WHEREOF(the parties hereto have executed this Certificate by and
through their authorized officers o the date first above written.
PACIFIC COAST HOMES CITY OF HUNTINGTON BEACH, a
a California corporation Zaornia municipal corporation
By At4-�
b>'�4 , Mayor
(print name) ATTEST:
Its (circle one) Board/
President/ Vice President
a4 - City Clerk
By kk&&A:L4.)
APPROVED AS TO FORM:
Its (circle o Secreta 1 Assistant City Attorney
Secretary/chie Financial Officer;
Any Assistant Treasurer REVIEWED AND APPROVED:
City AdlTinistrator
INIT TED AND APPROVED:
SIGNATURES CONTLNUED ON NEXT DAltor of Plan g
PAGE
3
4/s:2000Agree_Wcaver
RLS 00-35S
7112 00
•
BUYER:
MONTE WEAVER FAMILY PRODUCTION
LLC
A California Limited Liability Company
ByG
(print name)
Its (circle one) Chairman of the Board/
President/Any Vice President
By
(print name)
Its (circle one)Secretary/Any Assistant
Secretary/Chief Financial Officer;
Any Assistant Treasurer
4
41s:2000Agree:Weaver
RLS 00-358
7112.:00
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
r
State of California
' SS.
County of 40m* e_
On 001 , before me,( 9e/_?T��i&&dey
Dale Name and rrJe of Offcer Jana Doe.Nola uC:c")
I
personally appeared 9m i�Ia_ oycifi 44f �shier ocd--gAg r
[S Nama(s)of Signors) J
. ❑ personally known to me
W proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) Aare
subscribed to the within instrument and
acknowledged to me that toe/ske/they executed
I the same in bis/her/their authorized
capacity(ies), and that by J34s/h.e'r/their
CHRLONE CLfARY signature(s) on the instrument the person(s), or
Camm�on R the entity upon behalf of which the person(s)
Not°ry"L--C°n O
Orange County acted, executed the instrument.
9MYCcmrn.E*kmJan18,2M41
_. WITNESS my hand and official seal.
- Place'.oary Seas A00va - Signature of No:ery P u]Le -
OPTIONAL
Though the information below is not required b law, it may
g q y y 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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: _
I] Individual
op c' ;,mb Fer2
Corporate Officer—Titie(s):
L Partner—] Limited C General
❑ Attorney in Fact
' ❑ Trustee
I ] Guardian or Conservator
= Other:
Signer is Representing:
g .�
S
O 1999 Na'wnar Noary A{sw,al,Gn•835o Oe Sa:o Ara.,Po-Bo.2a02•Chatsworth,CA Br 313da02•www.nationamaary org Prod-No.5907 Aeorder.Cal 7dl+ree 1-800-876$827
EXHIBIT A
LEGAL DESCRIPTION
DESCRIPTION * EXHIBIT A-1
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF
HUNTINGTON BEACH,AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
LOT 29 IN BLOCK B OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH, AS SHOWN ON A
MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA.
EXCEPT ALL MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND ALL
UNDERGROUND WATER IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID LAND WHICH
UNDERLIES A PLANTE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID
LAND, FOR THE PURPOSE OF PROSPECTING FOR, THE EXPLORATION, DEVELOPMENT,
PRODUCTION, EXTRACTION AND TAKING OF SAID MINERALS, OIL, GAS, PETROLEUM, OTHER
HYDROCARBON SUBSTANCES AND WATER FROM SAID LAND BY MEANS OF MINES, WELLS,
DERRICKS AND/OR OTHER EQUIPMENT FORM SURFACE LOCATIONS ON ADJOINING OR
NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LAND, IT BEING
UNDERSTOOD THAT THE OWNER OF SUCH MINERALS, OIL, GAS, PETROLEUM, OTHER
HYDROCARBON SUBSTANCES AND WATER, AS SET FORTH ABOVE, SHALL HAVE NO RIGHT TO
ENTER UPON THE SURFACE OF THE ABOVE DESCRIBED LAND NOR TO USE ANY OF THE SAID
LAND OR ANY PORTION THEREOF ABOVE SAID PARALLEL TO AND 500 FEET BELOW THE
PRESENT SURFACE OF THE SAID LAND FOR ANY PURPOSE WHATSOEVER, AS RESERVED BY
HUNTINGTON BEACH COMPANY IN THE DEED RECORDED JUNE 3, 1991 AS INSTRUMENT NO.
91-27390I OF OFFICIAL RECORDS.
PARCEL B:
LOT 30 IN BLOCK B OF GARFIELD STREET ADDITION TO HUNTLNGTON BEACH, AS SHOWN ON A
MAP THEREOF RECORDED LNG BOOK 7, PAGES 27 AND 28 OF MISCELLANTOUS MAPS, RECORDS OF
SAID ORANGE COUNTY.
EXCEPTING THEREFROM THE WTSTERLY ONE-HALF OF SAID LOT 30.
ALSO EXCEPTING FROM THE REMAL-MER THEREOF, ANY PORTION OF SAID LAND INCLUDED
WITHIN THE LINES OF THE LAND DESCRIBED IN THE DEED TO GEORGE H. HUGHES AND OTHERS,
RECORDED FEBRUARY 23, 1929 IN BOOK 246, PAGE 206 OF OFFICIAL RECORDS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE COUNTY, WHICH LAND IS DESCRIBED AS THE
NORTHWEST QUARTER OF THE EAST ONE-HALF OF SAID LOT 30.
PARCEL C:
THE WEST ONE-HALF OF LOT 30 IN BLOCK B OF GARFIELD STREET ADDITION TO Hb'NrITtiGT01
BEACH, AS SHOW ON A MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY,CALIFORNIA.
EXCEPTfNG FROM PARCELS I AND 2 ABOVE, ALL MINERALS, OIL, GAS, PETROLEUM, OTHER
HYDROCARBON SUBSTANCES AND ALL UNDERGROUND WATER LET OR UNDER OR WHICH MAY BE
PRODUCED FROM SAID LAND WHICH UNDERLIES A PLANTE PARALLEL TO AND 500 FEET BELOW
THE PRESENT SURFACE OF SAID LAND, FOR THE PURPOSE OF PROSPECTING FOR, THE
EXPLORATION, DEVELOPMENT,PRODUCTION, EXTRACTION AND TAKING OF SAID MINERALS, OIL,
GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND WATER FROM SAID LAND BY MEANS
OF MINES, WELLS, DERRICKS AN-DiOR OTHER EQUIPMENT FORM SURFACE LOCATIONS ON
PAGE 14
• EXHIBIT A-1
0
ADJOINING OR NTIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LANM, IT
BEING UNDERSTOOD THAT THE OWNER OF SUCH MINERALS, OIL, GAS, PETROLEUM, OTHER
HYDROCARBON SUBSTANCES AND WATER, AS SET FORTH ABOVE, SHALL HAVE NO RIGHT TO
ENTER UPON THE SURFACE OF THE ABOVE DESCRIBED LAID NOR TO USE ANY OF THE SAID LAND
OR ANY PORTION THEREOF ABOVE SAID PARALLEL TO AND 500 FEET BELOW THE PRESENT
SURFACE OF THE SAID LAND FOR ANY PURPOSE WHATSOEVER, AS RESERVED BY HUNTINGTON
BEACH COMPANY IN THE DEED RECORDED NNE 3, 1991 AS INSTRUMENT NO.91-273901 OF OFFICIAL
RECORDS.
PAGE 15
1 1 1— 15
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., n.•r. .,n•nrrr .. — .i i near Ir,
EXHIBIT"B"
CLARIFICATION OF DEVELOPMENT AGREEMENT 90-1
RIGHTS, DUTIES & OBLIGATIONS BETWEEN PACIFIC COAST HOMES (SELLER)
AND MONTE WEAVER FAMILY PRODUCTION (BUYER)
Section 2.2.1. Linear Park. Developer will be responsible for all park dedications required by the
Agreement. In the event the Property is developed for residential use, Buyer shall be responsible
for payment of park and recreation fees.
Section 2.2.2, Neiah�orhood Parks. Developer will retain all obligations for design, dedication,
improvement and initial maintenance of neighborhood parks as required by the Agreement.
Section 2.2.3; Public Right of Way and Private Streetscape Improvements. Developer will retain
all obligations for arterial right of way improvements as required by the Agreement. Buyer will
assume responsibility for installation and maintenance of perimeter landscape improvements, if
any, on the Property.
Section 2.2.4• Traffic and CircuIation-Im7orovements, Developer will retain all obligations, with
the following clarifications:
2.2.4 • Developer will retain all traffic impact fee credits for Developer improvements.
In the event development of the Property requires the payment of traffic impact fees,
Buyer shall be responsible for payment of traffic impact fees.
2:2.4 Buyer will be responsible for payment of future traffic fees, if any, imposed by
ordinance and applicable to the Property.
2.2.4(h ands; Developer will retain all credits and reimbursements for traffic and
circulation improvements due under this section of the Agreement.
Section 2.2.5• Water Sewer Drainage and Utility Iml2rovements, Developer will retain all
obligations, with the following clarifications:
2.2.5 • Developer will retain all credits and reimbursements for sewer, drainage, utility
and water improvements due under this section of the Agreement.
2.2. 5(h); Developer will retain all Obligations, credits and reimbursements for water
system improvements due under this section of the Agreement.
Section 2.2.6• Fire and Emergency Medical, Developer will retain all obligations, with the
following clarification:
2.2.6(b), Developer will retain all obligations, credits and reimbursements due under this
section of the Agreement.
Section 2.2.7• Police, Developer will retain all obligations, with the following clarification:
2.2.7 a - Developer will retain all obligations, credits and reimbursements due under this
section of the Agreement.
Section 2.2.8: School ,Facilities, Seller will retain the obligation for designation of a public
elementary school site. Buyer will be responsible for payment of HBCSD elementary school
impact fees associated with development of the Property.
01/28/00
Section 2.2.9. Other Develol2ment Controls
22.2.9(a), Not applicable to Property.
2.2.9(b): The Property will remain subject to all provisions of the Holly Seacliff Specific
Plan.
Section 2.2.10, Fees, with the following clarifications:
2.2.10(a), (b). (c), (f). _(g), (i) and (i); Buyer will be liable for payment of any
development fees applicable to the development of the Property, not already paid or
mitigated by Developer.
2.2.10(d), Buyer will be liable for payment of any Police/Fire operating fee if such fee is
adopted by the City and is applicable to the development of the Property.
2.2_10(hl; Traffic impact Fees, refer to 2.2.4(fl above.
01/28/00
RCA*ROUTING 9HEET
INITIATING PLANNING DEPARTMENT
DEPARTMENT:
SUBJECT: Approve Consent For Pending Sale of property
at the northwest corner of Main and Holly Sts.
(APN 111-150-31-33) in the Holly Seacliff
Development Agreement Area
COUNCIL MEETING DATE: May 7, 2001
RCA:ATTACHMENTS STATUS:
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (wlexhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attomey) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Aftomey) Not Applicable
Certificates of Insurance (Approved by the City Attomey) 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
. 'EXPLANATION`�FORMISSING ATTACHMENTS . .
REVIEWED : RETURNED :;`---- 'FORWARDED
Administrative Staff ( ) ( }
Assistant City Administrator (Initial) ( ) ( }
City Administrator (Initial) ( ) { )
City Clerk ( } r _xrel
EXPLANATION FOR RETURN OF ITEM:
(Below