HomeMy WebLinkAboutPLC Co. - 1997-01-06 . A-L'�'1�✓'� ��jvCYG�.�
01/06/97 - Council/Agency Agenda - Page 9
E-9. (City Council) Contracts With SFA, Inc. And ESGIL, Inc. -To Perform Plan Review
Services And Contract With SFA, Inc, To Provide Staffing Services - (Community
Development Department, Building And Safety) (600.10) Approve and authorize the
�3 Mayor and the City Clerk to execute contracts with SFA, Inc., and EsGil, Inc. to provide
professional plan review services and with SFA, Inc. for staffing services, with a total
amount for all three (3) contracts not to exceed $300,000. Further to appropriate $300,000
to contract services in Program CD-234, with the requirement that expenditure of the funds
are only to occur after the revenues have been received by the City. Submitted by the
Community Development Department
[Approved 7-01
E-10. (City Council) Resolution No. 97-4 - Memorandum Of Understanding Between
Huntington Beach Police Management Association (PMA) And City (720.20) - Adopt
Resolution No. 97-4 - "A Resolution of the City Council of the City of Huntington Beach
I' Approving And Implementing The Memorandum Of Understanding.Between The Huntington
Beach Police Management Association And The City Of Huntington Beach." Submitted by
the Administrative Services Department ( For period January 1, 1995 -
�'- December 31, 1997)
[Approved 6-1 (Sullivan - NO)]
F. Administrative Items
F-1. (City Council) Consent For Pending Sale Of Residential Projects In The Holly-
Seacliff�m Seacliff Development Agreement Area s - Ellis Between Goldenwest & Gothard
ilia Streets - (Sherwood/Annandale) - Final Maps Nos. 14659 & 14978 - Sherwood To
n- 1 Wm. Lyon Homes - Final Map No 14979 - SeaCountry To SeaCountry Homes -
�°" Final Map No:'1.4980 - Sandpiper To Rielly Homes (600.10)
Communication,from the Community Development Director transmitting pursuant to a
request'by=PLC Land Company for the City.Council to provide consent to the pending
sale of three residential projects in the-Holly Seacliff Development Agreement.
The three projects are Sherwood, SeaCountry and Sandpiper. Each is a neighborhood
within the approved Sherwood/Annandale area; combined the projects total 234 units.
Recommended Action: Motion to:
1. "Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, approve the
request by:PLC for the City Council to provide consent for the pending sale of the
properties known as: Final Map Nos. 14659 and 14978., Sherwood,-to William Lyon
Homes; Final Map No. 14979, SeaCountry Homes; and Final Map No. 14980,
Sandpiper, to Rielly Homes with the requirement that all responsibilities for
community improvements to serve the property as required by the Development
Agreement will be complied with; including the following conditions:
(9)
' page 10 - Council/Agey Agenda - 01/06/97 • 10
( )
a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-01,
not explicitly defined within Exhibit B of the three "Requests for City's Consent to
Sale" letters from PLC, dated October 15, 1996, shall continue to be the
responsibility of PLC (Attachment No. 9); and
b. PLC shall be responsible for construction of all infrastructure in conformance with
pages 20 and 21 of the Holly Seacliff Development Agreement No. 90-01 and
further clarified by PLC in their letter to the City, dated May 7, 1996 (Attachment
No. 9); and
c. PLC shall instruct City right-of-way personnel, in writing, to pursue the acquisition
of all remaining street right-of-way required under the Development Agreement;
and
d. As the Sherwood/Annandale project currently stands, total Traffic Impact Fees
due (per 11/13/96 fee letters) will be $335,250.00. Credit for this entire amount
shall be retained by PLC and debited. against City obligations to PLC for
construction of Seapoint Street, Ellis Avenue and Edwards Street at time of sale;
and
e. New Gothard Street shall be completely finished and open to the public between
Ellis Avenue and Garfield Avenue prior to March 30, 1997, in accordance with
the Traffic Control/Plan/Interim Signing and Striping Plan dated October 22,
( 1996; and
f. The new-Ellis Street sewer station shall be complete and fully operational
(including the abandonment of the existing Gothard Street lift station) prior to
sale of property; and
g. Understanding that the City has possession on all necessary right-of-way on
Garfield Avenue between Goldenwest Street and Main Street, PLC shall
commence with the design, permitting and construction of Garfield Street
improvements, between Goldenwest Street and Main Street (including the new
traffic signal and all four curb returns at Main Street and Garfield Avenue); and
h. The Buyers shall pay the Library Development Fee pursuant to Huntington
Beach City Council Resolution No. 96-71 for all their building permits in
accordance with Ordinance No. 3344.
And
2. 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 with the Orange County Recorder."
[Approved 7-0]
(10)
x,
7-:• z
Recording requested by, and Recorded in the County of Orange, California'' r.=�
Gary L. Granville, Clerk/Recorder
when recorded, mail to
No Fee
City of Huntington Beach I 005 24005080 24 19970099451 12:29pm 03/05/9� j
2000 Main Street 12 y
C15 16 7.00 45.00 0.00 0.00 0.00 0.00
Huntington Beach, CA 92648i '
Attn: City Clerk - - - - - -
flP 16� �7� � �, ai, aa,aS, a "7, aI
CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND
THE ASSUMPTION OF RIGHTS,DUTIES AND OBLIGATIONS
BY AND BETWEEN THE CITY OF HUNTINGTON BEACH,
SEACOUNTRY HOMES, AND PLC
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,was recorded in the
Official Records of Orange County, California as Document No. 90-599766; and
Portions of the property covered by the Agreement were thereafter sold to PLC, a California
general partnership, (hereinafter, "Developer"), and a portion to MS Vickers Il, L.L.C., a Delaware'
limited liability company along with an assignment of the rights, duties and obligations under the
Agreement; and
Developer wishes to sell a portion of the Property, as described in the legal description and
sketch attached hereto as Exhibits "A-l" and"A-2,"respectively,to SeaCountry-Homes, hereinafter
referred to as 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
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 Developer to Buyer, and Buyer wishes to
memorialize their acknowledgment of all their respective rights, duties and obligations they shall
assume upon the sale of the Property and assignment of the Agreement;
Tax-Exempt-Government Agency
This document is solely l'or .tt±e CITY OF-HUNTINGTON BEACH .'
4\s:G:(4)96Agree:Consen10 official business of the City Connie Brockway, CMC
RLS#96-771 of Hu:itir;ton Beach, as eontem— •City Clerk
plated a : er Governuent Code By.
See. 6103 and should be recorded puty City Clerk '
free of charge.
NOW, THEREFORE,the City, Developer and 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,Developer to Buyer, subject to the terms and conditions set forth
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 reference as though fully set forth herein
are the following exhibits:
A-1: Legal Description of the Property.
A-2: Sketch of the Property..
B: Clarification of Development Agreement Rights and Duties.
C: Letter from Bill Holman to Marybeth Broeren regarding park dedication.
D: 'Letter from Bruce Crosby to Bill Holman regarding Traffic Impact Fees.
5. RELEASE OF DEVELOPER
The City acknowledges that upon acceptance of the assignment of the rights, duties
and obligations under the Agreement by Buyer as provided above, 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
Developer as identified in Exhibit B 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:
2
4\s:G:(4)96Agree:Consen 10
RLS#96-771
i
a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-1, not
'explicitly defined within Exhibit B of the three "Request for City's Consent to Sale" letters from
PLC, dated 10/15/96, shall continue to be the responsibility of PLC (Attachment Nos. 2-4); and
b. PLC shall be responsible for construction of all infrastructure in conformance with
pages 20-and 21 of the Holly Seacliff Development Agreement No. 90-1 and further clarified by
PLC in their letter to the City, dated May 7, 1996 (Attachment No. 9); and
c. PLC shall instruct City right-of-way personnel, in writing,to pursue the acquisition
of all remaining street right-of-way required under the Development Agreement; and
d. As the Sherwood/Annandale project currently stands,total Traffic Impact Fees due
(per 11/13/96 fee letters)will be $335,250.00. Credit for this entire amount shall be retained by
PLC and debited against City obligations to PLC for construction of Seapoint Street, Ellis Avenue
and Edwards Street at time of sale; and
e. New Gothard Street shall be completely finished and open to the public between
Ellis Avenue and Garfield Avenue prior to March 30, 1997, in accordance with the Traffic Control
Plan/Interim Signing and Striping Plan dated October 22, 1996; and
f. The new Ellis Street sewer station shall be complete and fully operational (including
the abandonment of the existing Gothard Street lift station)prior to sale of property; and
g. Understanding that the City has possession on all necessary right-of-way on Garfield
Avenue between Goldenwest Street and Main Street, PLC shall commence with the design,
permitting and construction of Garfield Street improvements,between Goldenwest Street and Main
Street(including the new traffic signal and all four curb returns at Main Street and Garfield
Avenue); and
REST OF PAGE NOT USED
3
4\s:G:(4)96Agree:Consen 10
RLS#96-771
h. The Buyers shall pay the Library Development Fee pursuant to Huntington Beach
'City Council Resolution 96-71 for all of their building permits in accordance with Ordinance No.
3344.
IN WITNESS WHEREOF,the parties hereto have executed this Certificate by and
through their authorized officers on the date first above written.
BUYER: CITY:
SEACO F CITY OF HUNTINGTON BEACH
a California municipal corporation
by.
name: o ert S. . Bennett Mayor
title: President
by: C� ATTEST:
name: Kate L. Horwitz
title:. Chief Financial Officer
City Clerk
APPROVED AS TO FORM: REVIEWED AND APPROVED:
City Attorney -��L�N�fb ity Administrator
DEVELOPER:
PLC, a California General Partnership INITIATED AND APPROVED:
(comprised of PLC Holdings, a California .
general partnership;'and T/L Huntington
Beach L.L.C., a Delaware limited liability company) Director of Community Development
by: PLC Holdings, a California general
partnership (general partner of PLC) .
by: Paclaco, Inc., a California corporation
(general partner of PLC Holdings)
b J�
Y•
Name: Ctf-915-7D P7�;'/2 C . �//ga
Title: SL-a(Z-019 9y
by:
Name: �'
Title:
SIGNATURES CONTINUED ON NEXT PAGE
4
4\s:G:(4)96Agree:Consen 10
RLS#96-771
'by: T/L Huntington Beach,L.L.C.
a Delaware limited liability company
(general partner of PLC)
by: Lennar Huntington Beach, Inc.
a California corp r f'on(managing
member of T/L ington Beach L.L.C.)
by:
Name: M. 't�C e,
Title: Vt' ?fe&i
by:
N
Ti e: Utter Ytp,S .4.1�'
Name: -rn� sq„ POI K'lO r`
Title:
5
4\s:G:(4)96Agree:Consen 10
RLS#96-771
„ EXHIBIT A-1
•
REQUEST FOR CONSENT TO SALE OF PROPERTY
DEVELOPMENT AGREEMENT NO. 90-1
HOLLY SEACLIFF AREA
Date: October 15, 1996
Property Location: East of Goldenwest Street, South of Ellis Avenue
Property Address: No current address.
Assessor's Parcel No(s).: por. 111-072-7-12,14,15,17,18,21,22,25,27,29
Legal Description: Lots 1-63 and Lettered Lots A-H, inclusive, of Tract 14979
Acreage: approx. 11.39 acres
Current Owner:
Name: PLC
Address: 23 Corporate Plaza Drive, Suite 250
City/ST/Zip: Newport Beach, CA 92660
Telephone: (714) 721-9777
Contact: Bill Holman
Assignee/Buyer:
Name: SeaCountry Homes
Address: 95 Argonaut, Suite 210
City/ST/Zip: Aliso Viejo, CA 92656
Telephone: (714) 452-1180
Contact: Buck Bennett
Existing Use of Property: Vacant Residential
Intended Use of Property: 63 single family homes
Existing Entitlements/Permits: Approval Date:
Environmental Impact Report No. 89-1 January 8, 1990
General Plan Amendment No. 89-1 January 8, 1990
Development Agreement No. 90-1 November 5, 1990
Holly Seacliff Specific Plan (SP 9) April 20, 1992
Tentative Tract Map No. 14659R August 27, 1996
Conditional Use Permit No. 92-47R August 27, 1996
CONSENT TO SALE APPROVED BY:
Signature:
Name:
Title:
Date:
Attachments:
Exhibits B-D for attachment to Certificate of Consent
EWS AVENUE ELLIS AVENUE
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---—— PLC LAW COMPANY
2]CORPORATE PLAZA,SUITE 250
NEW PORT BEACH,CA 92660
TELEPHONE 714•T219771 P&M/at-
FAX 74•779.12VI PMMWXF MMACW�Pp
K:\PT\1736\11\PLANNWG V-PAN
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EXHIBIT "B"
CLARIFICATION OF DEVELOPMENT AGREEMENT 90-1
RIGHTS, DUTIES & OBLIGATIONS BETWEEN
PLC (SELLER) AND SEACOUNTRY HOMES (BUYER)
FOR ANNANDALE "A" RESIDENTIAL PROJECT (PROPERTY)
Section 2.2.1, Linear Park. Seller responsible for all park dedications required by the Agreement.
The City applied 1.08 acres of dedication credits prior to approving Final Tract Map No. 14979 (see
attached Exhibit C; letter from PLC to City dated October 8, 1996). Seller may assign 1.08 acres of
these credits to Buyer.
Section 2.2.2; Neighborhood Parks. Seller retains 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 StreetscaQe Improvements. Seller retains all
obligations for arterial right of way and streetscape improvements as required by the Agreement.
Section 2.2.4; Traffic and Circulation Improvements, Seller retains all obligations, with the following
clarifications:
2.2.4 • Seller will retain all traffic impact fee credits for Developer improvements. Seller
intends to assign $90,300 in traffic impact fee credits to Buyer for this property (see attached
Exhibit D; letter dated September 24, 1996).
2.2.4(e), 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 Seller will retain all credits and reimbursements for traffic and circulation
improvements due under this section of the Agreement, unless modified by subsequent
agreement with the City.
Section 2.2.5, Water, Sewer, Drainage and Utility Improvements, Seller retains all obligations, with
the following clarifications:
2.2.5(g), Seller will retain all credits and reimbursements for sewer, drainage, utility and water
improvements due under this section of the Agreement unless modified by subsequent
agreement with the City.
2.2.5(h); Seller will retain all obligations, credits and reimbursements for water system
improvements due under this section of the Agreement unless modified by subsequent
agreement with the City. Seller will collect from Buyer $151,200 in water capital facilities fees
for offsite water facilities to serve the Property.
Section 2.2.6, Fire and Emergency Medical, Seller retains all obligations, with the following
clarification:
2.2.6(b), Seller will retain all obligations, credits and reimbursements due under this section of
the Agreement unless modified by subsequent agreement with the City.
Section 2.2.7; Police, Seller retains all obligations, with the following clarification:
2.2.7(a); Seller will retain all obligations, credits and reimbursements due under this section of
the Agreement unless modified by subsequent agreement with the City.
Section 2.2.8, School Facilities, Seller retains obligation for designation of a public elementary school
site. Buyer will be responsible for payment of sch661 impact fees associated with development of the
Property.
Section 2.2.9; Other Development 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 Plan.
Seller shall retain the obligation to provide affordable housing (10 moderate income units) in
accordance with the Holly Seacliff Specific Plan Affordable Housing Plan for Seacliff Partners'
Properties, dated February 28, 1994, or as such plan may be amended from time to time.
Section 2.2.10, Fees, with the following clarifications:
2.2.10(a), (b), (c), (f), (g), (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 Seller.
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 applicable to the development of the Property. To the extent Seller
may have credits under Sections 2.2.6(b) and 2.2.7(a), Seller may assign such credits to Buyer
or Buyer's successor(s) to meet fee obligations for the development of the Property. .
2.2.10 e : Buyer will be liable for the payment of water service fees and water capital facilities
fees applicable to the development of the Property. To the extent Seller may have credits or be
eligible for reimbursement under Section 2.2.5(h), Seller may assign such credits to Buyer or
Buyer's successor(s) to meet fee obligations for the development of the Property.
2.2.10(h); Traffic Impact Fees, refer to 2.2.4(f) above.
EXfiIBIT "C"
.,
October 8, 1996
Ms. Mary Beth Broeren, Associate Planner
Community Development Department
2000 Main Street
Huntington Beach, CA 92648
Subject: Park Dedication for Final Tracts 14659, 14978, 14979 & 14980
(All of Tentative Tract No. 14659R, Sherwood/Annandale)
Dear Mary Beth:
The park dedication requirements for the above final tract maps are as follows:
Tract 14659 44 SFD lots x 3.43 x 0.005 = . 0.75 acres
Tract 14978 29 x tox st = 0.50 "
Tract 14979 63 x ofx it — 1.08 "
Tract 14980 98 x Ifx = 1.68 "
Total 234 4.01 acres
In accordance with Section 2.2.1 (h) of Development Agreement No. 90-1,PLC requests that
4.01 acres of credit for land previously dedicated be applied to the above final tract maps,
reducing PLC's available credit from 24.09 acres to 20.08 acres.
Please call me if you have any questions with the above information.
Very truly yours,
William D. Holman
Planning& Government Relations
cc: Graham Jones
PLC Land Company 23 Corporate Plaza,Suite 250 714.721.9777 Telephone
Newport Beach,California 92660 714,729. 1214 Facsimile
• EMIIBIT
•
CITY OF HUNTINGTON BEACH
2 0 0 0 Main Street P . O . Box 1 9 0 Calif o r n i a 9 2 6 4 8
Les M. Jones 11 Public Works Department
Director (714) 536-5431
CERTIFIED MAIL
September 24, 1996
William Holman
PLC
23 Corporate Plaza Dr., Ste. 250
Newport Beach, Ca. 92660
SUBJECT: Traffic Impact Fee No. 131C (Tract No. 14979) A �f`�'RY
(Revised)
Dear Bill:
Your development is subject to payment of a Traffic-Impact Fee and has been analyzed for generation of traffic
volumes per the applicable sections of the Huntington'Beach Ordinance Code. As a result,the following information
is presented to assist you in complying with this requirement:
Traffic Impact Fee No. 131 C
Project Type-63 Single Family Dwellings
Existing Trips generated 0
New Trips generated 602
Current fee rate-$150.00/trip
Total fee due-$90,300.00
The Traffic Impact Fee is calculated from standard trip generation and land use ratios. If additional data supports
costs more representative of your site or activity,we encourage you to consult with a Registered Tiaffic Engineer.
Your consultant will clarify the options available to revise the fee, and prepare the necessary supporting material.
The Public Works Department will be pleased to review the request and documentation,however,the Director's
decision will be final.
The fee is due and payable in cash or by Cashiers Check at the time of final inspection or issuance of a Certificate of
Occupancy.
Should you have any questions regarding this matter,please call me at 536-5247.
Very truly yours,
4nic�eP. rosby
Civil Engineer Assistant
20993
AMERI
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STATE OF CALIFORNIA }ss.
COUNTY OF �A-4-,,4 92 _ }
On /7 /�, before me, /20t3GXTP by _ eER/ ,
personally appeared Z i y,¢-6 0Qb,cL-1 60 i4P&
C. 14 TD P/-j59 C. personally known to me
( to be the person(s) whose name(s) ' are
subscribed to the within instrument and acknowledged to me that hey xecuted the same
in heir uthorized capacity(ies), and that by hisf�e ei 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.
Signature
ROBERTA M. KERN
COMM. #1119189
M NOTARY PUBLIC-CALIFORNIA
ORANGE COUNTY
My Comm.Eq*es Dec.8,2000
(This area for official notarial seal)Title of Document
Date of Document No. of Pages
Other signatures not acknowledged
3008(1/94) (General)
First American Title Insurance Company
� AMERI
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STATE OF CALIFORNIA }ss.
COUNTY OF
On L)e6Qrk ,G[,,K 12-, lq96, before me, !"lAd[1
personally appeared S. i/�ff � ,� L, hiw- , 4
personally known to me
to be the person(s) whose name(s) X/are
subscribed to the within instrument and acknowledged to me that K/We/they executed the same
in FK/t*/their authorized capacity(ies), and that by%Nr/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.
Signature
MARY E.RTPAMCK
QL*0=ME*="1Z2=-1
COMM.#1098062 D
NOTARY M
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(This area for official notarial seal)
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Date of Documentsa�' Se No. of Pages
Other signatures not acknowledged
3008(1/94) (General)
First American Title Insurance Company
• •
' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
On before me, �w11?Sd_ L.?tx , t VD���I _P61b�,
Date ll Name and Title of Officer(e.g.,"Jane Doe,Notary ublic")
personally.appeared J OKC._� a.K. )A. �1�r 2 � C mi le Ili . 44aA AA
Name(s)of Signer(s)
Personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is�ubscribed to the within instrument
and acknowledged to me that he/she executed the
same in his/her authorized capacity(ies), and that by
his/her/ eir ignature(s) on the instrument the person(s),
TH COMRESAM.
L.POI 57511 or the entityupon behalf of which the person(s) acted,
• COMM.'1r1057511 z p p ( )
" `� '� ' Notary Public—C011fomIC executed the instrument.
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My Comm.Expires APR 30,1999 WITNESS my hand and official seal.
—
Signature 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: ",ex —
Ad_jt���
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Title(s): Title(s):
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❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
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❑ Other: Top of thumb here ❑ Other: Top of thumb here
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CALIFORNIA ALL-PURP X ACKNOWLEDGMENT O
'State of c-a .- 0r yi Ia
County of a 2
On L2�bW 1% 199�M before me, It, ,
Date Name and Title of Officer(e.g.,'Jane(Coe)Notary Public")
personally appearedr?Sa �D I Yl�bYl
Names)of Signers)
personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name is aFiLsubscribed to the within instrument
and acknowl dged to me that sh executed the
same in ' he authorized capacity(bo*),and that by
DEE BAKER /her signatureXon the instrument the personkQ,
Commisslon tRgbppl or t e entity upon behalf of which the personfA) acted,
' Notary publc—canomia executed the instrument.
Orange county
My Comm.EVlres Apr 1q•20pp r WITNESS my hand and official seal.
Signature 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:Ckht a C t'Dk, bb.CZ-fr, J-4 8 -5eACOUg+v,
Document Date: Number of Pages:
Signer(t) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator El Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1994 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-PURPE ACKNOWLEDGMENT
State of �; ,Q e,K.•d.
County of 4 "s-
on C111 �J ? before me, jaJ4,: . g� �. 9�m w
Date 0 Name and Title of dficer(e.g.,"Jane Doe,Notary Public")
personally appeared 10c,c" y»si
Name(s)of Signer(s)
*fe-rsonally known to me-eR End pFeved to rA-ei-thesis of saUsfar+`ag( �iri 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
MAYBRICE L JOHNSON same in his/her/their authorized capacity(ies), and that by
a COMM.¥991835
Z :'m s his/her/their signature(s)on the instrument the person(s),
z - � Notary Public-Calirornla
ORANGE COUNTY or the entity upon behalf of which the person(s) acted,
My Comm.Opires MAY 11,1997 executed the instrument.
WITNESS my hand and official seal.
SignatCA 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:
N• tf'LC
Document Date: 197 Number of Pages: 5
Signer(s) Other Than Named Above: .� �- (,.� >�'.�o. 44
Capacity(ies) Claimed by Signer(s) ` 4
Signer's Name:1QD* ._i ak A,_) Signer's Name:
❑ Individual ❑ Individual
n Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited E. General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
C Trustee * _ ❑ Trustee _
Guardian or Conservator -- ElGuardian or Conservator '00
la'Other: Top of thumb here Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
CIL arD 4 � a/
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
REC'9 C E C 0 9 1996
Recording requested by, and
when recorded,mail to: Recorded in the County of orange, California
Gary L. Granville, Clerk/Recorder
City of Huntington Beach IIIII IIIII IIIII IIIII IIIII IIIII II II IIIII IIII IIIII IIIII IIII IIII No Fee
2000 Main Street 19970099449 12:29pm 03/05/97
005 24005080 24 1
,Huntington Beach, CA 92648
� C15 17 7.00 48.00 0.00 0.00 0.00 0.00
Attn: City Clerk
7z-7-/z) 15, 7,
CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND
THE ASSUMPTION OF RIGHTS,DUTIES AND OBLIGATIONS
BY AND BETWEEN THE CITY OF HUNTINGTON BEACH
RIELLY HOMES, AND PLC
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, was recorded in the
Official Records of Orange County, California as Document No. 90-599766; and
Portions of the.property covered by the Agreement were thereafter sold to PLC, a California
general partnership, (hereinafter, "Developer"), and a portion to MS Vickers II, L.L.C., a Delaware
limited liability company along with an assignment of the rights, duties and obligations under the
Agreement; and
6
Developer wishes to sell.a portion of the Property, as described in the legal description and
sketch attached hereto as Exhibits"A-1" and-"A-2,"respectively,to Rielly Homes, hereinafter
referred to as 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
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 Developer to Buyer, and Buy:er'wishes to
�nearialize their acknowledgment of all their respective rights, duties and.obligations they shall
Ussui%b upon the sale of the Property and assignment'of the Agreement;
s This document Is Solely for, the Tax � c�-,r) -`0v(!!-r•„1Ynt Agency
official r ..� reps of the City CITY GF ( U(•!�,( a-i0i'J BEACH
4\s:G:(4)96Agree:Consent9 ;C iie GrcCi<:v�
RLS#96-771 of Hunt iu,_-ton. =n^..�:�, as contour y, CMC
plated t::< .,,: r,:C ^.late t Code C;ty CI rk
Sec 6103 and should be recorded 8y:
free of charge. Pity City Clerk
NOW, THEREFORE, the City, Developer and 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 Developer to Buyer, subject to the terms and conditions set forth
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 reference as though fully set forth herein
are the following exhibits:
A-1: Legal Description of the Property.
A-2: Sketch of the Property.
B: Clarification of Development Agreement Rights and Duties.
C: Letter from Bill Holman to Marybeth Broeren regarding park dedication.
D: Letter from Bruce Crosby to Bill Holman regarding Traffic Impact Fees.
5. RELEASE OF DEVELOPER
The City acknowledges that upon acceptance of the assignment of the rights, duties
and obligations under the Agreement by Buyer as provided above, 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
Developer as identified in Exhibit B 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:
2
4\s:G:(4)96Agree:Consent9
RLS#96-771
a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-1, not
explicitly defined within Exhibit B of the three"Request for City's Consent to Sale" letters from
PLC, dated 10/15/96, shall continue to be the responsibility of PLC (Attachment Nos. 2-4); and
b. PLC shall be responsible for construction of all infrastructure in conformance with
pages 20 and 21 of the Holly Seacliff Development Agreement No. 90-1 and further clarified by
PLC in their letter to the City, dated May 7, 1996 (Attachment No. 9); and
C. PLC shall instruct City right-of-way personnel, in writing,to pursue the acquisition
of all remaining street right-of-way required under the Development Agreement; and
d. As the Sherwood/Annandale project currently stands, total Traffic Impact Fees due
(per 11/13/96 fee letters)will be $335,250.00. Credit for this entire amount shall be retained by
PLC and debited against City obligations to PLC for construction of Seapoint Street, Ellis Avenue
and Edwards Street at time of sale; and
e. New Gothard Street shall be completely finished and open to the public"between
Ellis Avenue and-Garfield Avenue prior to March 30, 1997, in accordance with the Traffic Control
Plan/Interim Signing and Striping Plan dated October 22, 1996; and
f. The new Ellis Street sewer station shall be complete and fully operational (including
.the abandonment of the existing Gothard Street lift station)prior to sale of property; and
g. Understanding that the City has possession on all necessary right-of-way on Garfield
Avenue between Goldenwest Street and Main Street, PLC shall commence with the design,
permitting and construction of Garfield Street improvements, between Goldenwest Street and Main
Street(including the new traffic signal and all four curb returns at Main Street and Garfield
Avenue); and
REST OF PAGE NOT USED
3
4\s:G:(4)96Agree:Consent9
RLS#96-771
h. The Buyers shall pay the Library Development Fee pursuant to Huntington Beach
City Council Resolution 96-71 for all of their building permits in accordance with Ordinance No.
3344.
IN WITNESS WHEREOF, the parties hereto have executed this Certificate by and
through their authorized officers on the date first above written.
BUYER: CITY:
RIELLY HOMES CITY OF HUNTINGTON BEACH
a California municipal corporation
by: x�
name: ' � Mayor
title: ��, de,Vi -
by: ATTEST:
name: Ce, - i C4 U,, -
title: �xe_CAAVt V` Silt("
City Clerk
APPRO!X D AS TO FORM: REVIEWED AND APPROVED:
City Attorney 4.a- i ZIy/9.6 ity Administrator
DEVELOPER:
PLC, a California General Partnership INITIATED AND APPROVED:
(comprised of PLC Holdings, a California %- `
general partnership; and T/L Huntington 4ZZ, ` -
Beach L.L.C., a Delaware limited liability company) Director of Community Development
by: PLC Holdings, a California general
partnership (general partner of PLC)
by: Paclaco, Inc., a California corporation
(general partner of PLC Holdings)
by:
Name: Z iy&I. A- L L719Wr4D
Title: P Res i b O NT
by:
Name: 0_r9 iS TD i0W- - c G 1l�C�s
Title: S Ece- -TR11--y
/ SIGNATURES CONTINUED ON NEXT PAGE
4
4\s:G:(4)96Agree:Consent9
RLS#96-771
by: T/L Huntington Beach, L.L.C.
a Delaware limited liability company
(general partner of PLC)
by:,Lennar Huntington Beach, Inc.
a'-California corporation(managing
member of /L ngton Beach L.L.C.)
by:
Name: ,
Title: �r�s
by: I
N
Title:
Name:
Title:
5
4\s:G:(4)96Agree:Consent9
RLS#96-771
EXHIBIT A-1
REQUEST FOR CONSENT TO SALE OF PROPERTY
DEVELOPMENT AGREEMENT NO. 90-1
HOLLY SEACLIFF AREA
Date: October 15, 1996
Property Location: East of Goldenwest Street, South of Ellis Avenue
P,-rdperty Address: No current address
Assessor's Parcel No(s).: por. 111-072-7-12,14,15,17,18,21,22,25,27,29
Legal Description: Lots 1-44 and 62-98 and Lettered Lots A-M, inclusive, of Tract 14980
Acreage: approx. 12.46 acres
Current Owner:
Name: PLC
Address: 23 Corporate Plaza Drive, Suite 250
City/ST/Zip: Newport Beach, CA 92660
Telephone: (714) 721-9777
Contact: Bill Holman
Assignee/Buyer:
Name: Rielly Homes
Address: 23332 Millcreek Drive, Suite 135
City/ST/Zip: Laguna Hills, CA 92653
Telephone: (714) 588-5900
Contact: Bruce Rielly
Existing Use of Property: Vacant Residential
Intended Use of Property: 81 single family homes
Existing Entitlements/Permits: Approval Date:
Environmental Impact Report No. 89-1 January 8, 1990
General Plan Amendment No. 89-1 January 8, 1990
Development Agreement No. 90-1 November 5, 1990
Holly Seacliff Specific Plan (SP 9) April 20, 1992
Tentative Tract Map No. 14659R August 27, 1996
Conditional Use Permit No. 92-47R August 27, 1996
CONSENT TO SALE APPROVED BY:
Signature:
Name:
Title:
Date:
Attachments:
Exhibits B-D for attachment to Certificate of Consent
ERIS AVENUE ELLIS AVENUE
:: _ I LOT Y -
74 n 1° I -
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23 LOT c LOT r u
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I 11 LOT L 32
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44
TRACT 14978
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anutar
----—— tNUt PLC LAND COMPAW
23 CORPORATE PLAZA,SUITE 250
NEW PORT BEAO%CA 92660 lff&4 f�
TELEPHONE 714-7Z1-9777 gaaala�•Bs�Lsaerla/•Jon"*f
FAX 7U1779.1ri1 7awaa rinll[CL"/ M"t Ptp near
K:\OT 1736 11 ANMNG V-PA11
EXHIBIT "B"
CLARIFICATION OF DEVELOPMENT AGREEMENT 90-1
RIGHTS, DUTIES & OBLIGATIONS BETWEEN
PLC (SELLER)AND RIELLY HOMES (BUYER)
FOR ANNANDALE "B" RESIDENTIAL PROJECT(PROPERTY)
Section 2.2.1; Linear Park. Seller responsible for all park dedications required by the Agreement. The
City applied 1.68 acres of dedication credits prior to approving Final Tract Map No. 14980(see attached
Exhibit C; letter from PLC to City dated October 8, 1996). Seller may assign 1.39 acres of these credits
to Buyer.
Section 2.2.2:Neighborhood Parks. Seller retains obligations for design, dedication, improvement and
initial maintenance of neighborhood parks as required by the Agreement.
Section 2.2.3: Public Right of Wav and Private Streetscape Improvements. Seller retains all obligations
for arterial right of way and streetscape improvements as required by the Agreement.
Section 2.2.4: Traffic and Circulation Improvements, Seller retains all obligations,with the following
clarifications:
2.2.4 : Seller will retain all traffic impact fee credits for Developer improvements. Seller `
intends to assign $l 16,045 in traffic impact fee credits to Buyer for this property(see attached
Exhibit D; letters dated September 24, 1996).
2.2.40, 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 (j); Seller will retain all credits and reimbursements for traffic and circulation
improvements due under this section of the Agreement, unless modified by subsequent
agreement with the City.
Section 2.2.5: Water, Sewer. Drainage and Utility Improvements, Seller retains all obligations,with the
following clarifications:
2.2.5(g); Seller will retain all credits and reimbursements for sewer, drainage, utility and water
improvements due under this section of the Agreement unless modified by subsequent
agreement with the City.
2.2.5(h); Seller will retain all obligations, credits and reimbursements for water system
improvements due under this section of the Agreement unless modified by subsequent
agreement with the City. Seller will collect from Buyer$194,400 in water capital facilities fees
for offsite water facilities to serve the Property.
Section 2.2.6, Fire and Emergency Medical, Seller retains all obligations,with the following
clarification:
2.2.6(b); Seller will retain all obligations,credits and reimbursements due under this section of
the Agreement unless modified by subsequent agreement with the City.
Section 2.2.7, Police, Seller retains all obligations,with.the following clarification:
2.2.7(a),• Seller will retain all obligations, credits and reimbursements due under this section of
the Agreement unless modified by subsequent agreement with the City.
.Section 2.2.8; School Facilities, Seller.retains obligation for designation of a public elementary school
site. Buyer will be responsible for payment of school impact fees associated with development of the
Property.
Section 2.2.9; Other Development Controls
2.2.9 a • Not applicable to Property.
2r2.9 b • The Property will remain subject to all provisions of the Holly Seacliff Specific Plan.
Seller shall retain the obligation to provide affordable housing(13 moderate income units) in
accordance with the Holly Seacliff Specific Plan Affordable Housing Plan for Seacliff Partners'
Properties, dated February 28, 1994, or as such plan may be amended from time to time.-
Section 2.2.10; Fees, with the following clarifications:
2.2.10(a), W. (c), (f). (e), (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 Seller.
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 applicable to the development of the Property. To the extent Seller may
have credits under Sections 2.2.6(b)and 2.2.7(a), Seller may assign such credits to Buyer or
Buyer's successor(s)to meet fee obligations for the development of the Property.
2.2.10 e : Buyer will be liable for the payment of water service fees and water capital facilities
fees applicable to the development of the Property. To the extent Seller may have credit_or be
eligible for reimbursement under Section 2.2.5(h), Seller may assign such credits to Buyer or
Buyer's successor(s)to meet fee obligations for the development of the Property.
2.2.10(h); Traffic Impact Fees, refer to 2.2.4(f) above.
EXHIBIT "C"
October 8, 1996
Ms. Mary Beth Broeren, Associate Planner
Community Development Department
2000 Main Street
Huntington Beach, CA 92648
Subject: Park Dedication for Final Tracts 14659, 14978, 14979 & 14980
(All of Tentative Tract No. 14659R, Sherwood/Annandale)
Dear Mary Beth:
The park dedication requirements for the above final tract maps are as follows:
Tract 14659 44 SFD lots x 3.43 x 0.005 = 0.75 acres
Tract 14978 29 x itx of = 0.50 "
Tract 14979 63 x tox it = 1.08 "
Tract 14980 98 x x = 1.68 "
Total 234 4.01 acres
In accordance with Section 2.2.1 (h) of Development Agreement No. 90-1, PLC requests that
4.01 acres of credit for land previously dedicated be applied to the above final tract maps,
reducing PLC's available credit from 24.09 acres to 20.08 acres.
Please call me if you have any questions with the above information.
Very truly yours,
William D. Holman
Planning & Government Relations
cc: Graham Jones
PLC Land Company 23 Corporate Plaza,Suite 250 714.721.9777 Telephone
Newport Beach,Califomia 92660 714. 729. 1214 facsimile
• EXHIBIT "D"
�• CITY OF HUNTINGTON BEACH
2 0 0 0 Main Street P . 0 . 8 o x 1 9 0 California 9 2 6 4 8
Les M. Jones II Public Works Department
Director (714) 536-5431
CERTIFIED MAIL
September 24, 1996
William Holman
PLC
23 Corporate Plaza Dr., Ste. 250
Newport Beach, Ca. 92660
SUBJECT: Traffic Impact Fee No. 131D (Tract No. 14980) yf- 21t�� I? 1.d1"r7 LYot.I
(Revised) �IJN1bJ 'l-I< l �I �� P�L-LY
Dear Bill:
Your development is subject to payment of a Traffic Impact Fee and has been analyzed for generation of traffic
volumes per the applicable sections of the Huntington Beach Ordinance Code.As a result,the following imf6rmation
is presented to assist you in complying with this requirement:
Traffic-'Impact Fee No. 131D 17 LYON
Project:Type-98 Single Family Dwellings
Existing Trips generated 0 PSL- Y I l rp 1 0+�F
New Trips generated 936
Current fee rate-S 150.00/trip
Total fee due-S 140,400.00
The Traffic Impact Fee is calculated from standard trip generation and land use ratios. If additional data sspports
costs more representative of your site or activity, we encourage you to consult with a Registered Traffic Ea¢ineer.
Your consultant will clarify the options available to revise the fee, and prepare the necessary supporting material. .
The Public Works Department will be pleased to review the request and documentation,however,the Dir--tor's
decision will be final.
The fee is due and payable in cash or by Cashiers Check at the time of final inspection or issuance of a Catificate of
Occupancy.
Should you have any questions regarding this matter,please call me at 536-5247.
Very truly yours,
4ruce P. rosby
Civil Engineer Assistant
209"
� AMERI
O
}
STATE OF CALIFO�JNIA }ss.
COUNTY OF �..,��¢ }
On .(i10 .� /,�.� l7, / M , before me, �/�c,�2 0, . !-jam /V ,
personally appeared Z 1 Xe-D ;gi9b.t, - I nI, 6/F21sj--Mt g
personally known to me
( ) to be the person(s) whose name(s) II are
subscribed to the within instrument and acknowledged to me that hey executed the same
in hi /their thorized capacity(ies), and that by hi ei ignature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS m hand and official seal.
Signature
ROBERTA M. KERN
COMM. #1119189
NOTARY PUBLIC-CALIFORNIA
ORANGE COUNTY
My Conan.E*m Dec.8,2000
(This area for official notarial seal)
�2
Title of Document
Date of Document No. of Pages
Other signatures not acknowledged
3008(1/94) (General)
First American Title Insurance Company
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •
State of
County of
On %/q/G\o before me,
Date ` Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared • QN ,
Name(s)of Signer(s)
$i personally known to me-OR- pr )
whose name(#is/are subscribed to the within instrument
and acknowledged to me that he/sey-executed the
same in his/her�teeii-authorized capacity(ies},and that by
CANDIE UDEtl his/be#kleif signature*on the instrument the person(,
Commission#1091113 or the entity upon behalf of which the personkr&) acted,
•_� Notary Public—Cdlfornlo executed the instrument.
... Orange County
My Comm.Expires Mar 17,2000 WITNESS my hand and official seal.
Signature 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.
- 1
Description of Attached Document
Title or Type of Document: Cam, kQ (Ac��a& CAasSkc�& c �SPA�e S
Document Date: Uzc, Number of Pages: I
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: blku1 Signer's Name:
C Individual -i Individual
�S Corporate Officer n Corporate Officer
Title(s): Title(s):
El Partner—❑ Limited E. General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
Other: Top of thumb here Ll Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
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-PURP0 E NOWLEDGMENT ACK
State of
County of
On before me, CPMAo\\;� y,oak,
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared A. R\t
Name(s)of Signer(s)
personally known to me—OR—❑
whose name*is/afesubscribed to the within instrument
and acknowledged to me that he/eheAhey executed the
same in his/heMheirauthorized capacity(ies),and that by
CANDIE UDELL his/haatheirsignature(e) on the instrument the person(s),
Commission#1091113 or the entity upon behalf of which the person(s�acted, )
-a Notary Pubic—CaMomip
Orange county executed the instrument.
My Comm.Expires Mar 17,2m0
WITNESS my hand and official seal.
�9�
Signature o otary 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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: 'C�1o(�t�AS_ - \��,�� Signer's Name:
C Individual ❑ Individual
A Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
El Attorney-in-Fact ❑ Attorney-in-Fact
C Trustee _ ❑ Trustee
C Guardian or Conservator ❑ Guardian or Conservator
C Other: Top of thumb here ❑ Other; Top of thumb here
Signer Is Representing: Signer Is Representing:
1
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-PURPOSE ACKNOWLEDGMENT
State of 1�01'/1.1A"
County of t OraV Ae
On a/ 111 q [P before me, 71neyt?Sa— L.%t16y' . NDjAa
Date Name and Title of Officer(e.g.,"Jane Doe.Notarypublic")
personally appeared 2 ci- CY1u 19— (4 . 44aA"
Names)of Signer(s)
personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s)
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and acknowledged to me that he/she executed the
same in his/hektl authorized capacity(ies),and that by
his/her/jteir ignature(s)on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
_ - DiERESALPOINTON executed the instrument.
e 4 Notary Publlc—CatlfgHlO
ORANGECOUNIV WITNESS my hand and official seal.
My Comm.Expires APR 30.1999
Signature of Notary Public
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Description of Attached Document
Title or Type of Document: �•
Document Date: )2j 111 R(0 Number of Pages: 5
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee M. ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑.Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1994 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-PURPON ACKNOWLEDGMENT •
State of Cali r Y6
County of
On QC2r11bW 161, 1911- before me, C-e- l� a ru. •1'u�< <G ,
Date Name and Title of Officer(e.g.,-Jana Notary Public
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personally appeared I P.YL&a -T)ry I► +TrY\ ,
Name(s)of Signer(s)
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whose nameKl� e subscribed to he within instrument
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SEE BAKER *(De laf it signature(,on the instrument the person)*,
Commission#1086001 or the entity upon behalf of which the person acted,
' NotaryPubnc—Ca9fomta executed the instrument.
orange County
fVtyComm.Evires Apr 19,200o WITNESS my hand and official seal.
Signature of Notary Public
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Document Date: Number of Pages:
Signers) Other Than Named Above:
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❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
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WHOM
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other; Top of thumb here ❑ Other; Top of thumb here
Signer Is Representing: Signer Is Representing:
01994 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-PURPOTE ACKNOWLEDGMENT •
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On It., 1997 before me,
Dat4 Name and Title o icer(e.g.,"Jane Doe,Notary Public")
personally appearedwa4k 90LUA ..�
Name(s)of Signer(s)
(personally known to me 9R H proved to me on the basis of satisfacto.y evideeAoto be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
MAYBRICE L.JOHNSON same in his/her/their authorized capacity(ies),and that by
COMM.#991835 his/her/their signature(s) on the instrument the person(s),
Z '-� -o Notary Public—Collfomla or the entity upon behalf of which the person(s) acted,
ORANGE COUIN`rY executed the instrument.
My Comm.Expires MAY 11,1997
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Sio4ture of Notary Public
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Signer(s) Other Than Named Above: ej
• a�ycv,6w 1 Do-6t7`-� � V B-tr�-8va
Capacity(ies) Claimed by Signers)
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Title(s): Title(s):
Partner—❑ Limited ❑ General ❑ Partner—C Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
Guardian or Conservator ❑ Guardian or ConservatorOnfl
VOther: ti Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
� '
m 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
a �
Recorded in the County of Orange, California
Recording requested by, and Gary L. Granville, Clerk/Recorder
when recorded, mail to: IIII I I I IIIII II II IIIII I I I III II II II No Fee
City of Huntington Beach 005 24005080 24 129970099450 12:29pm 03/09/97
2000 Main Street C15 18 7.00 51 .00 0.00 0.00 0.00 0.00
Huntington Beach, CA 92648
Attn: City Clerk - - ---
071- 7 1z,
'CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND
THE ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS
BY AND BETWEEN THE CITY OF HUNTINGTON BEACH,
WILLIAM LYON HOMES'AND PLC
WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (Agreement)by and L
between the City of Huntington Beach, a municipal corporation("City"), and Pacific Coast Homes,
a California corporation, and Garfield Partners, a California corporation, was recorded in the
b Official Records of Orange County, California as Document No. 90-599766; and
Portions of-the property covered by the Agreement were thereafter sold to PLC, a California
general partnership, (hereinafter, "Developer"), and a portion to MS Vickers II, L.L.C., a Delaware
limited liability company along with an assignment of the rights, duties and obligations under the
Agreement; and
Developer.wishes to sell a portion of the Property, as described in the legal description and
sketch attached hereto as Exhibits"A-l" and"A-2,"respectively,to William Lyon Homes,
hereinafter referred to as the "Buyer;" and
The Agreement-provides in part at Paragraph 4.2 that:
Prior to making the dedications and improvements required herein, Developer"inay
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
f..
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 i.;..
Agreement insofar as such rights, duties and obligations are applicable to the
d�f.�. •f-as. 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 pf,the rights,
dues and obligations arising under the Agreement from Developer to Buyer, and Buyer wishes to
memorialize their acknowledgment of all their respective rights, duties and obligations they shall
assume upon the.sale of the Property and assignment of the Agreement;
This document is solely flor the Yax•Exerpt•Gcv@Pnrttieh} ,4rley
CITY OF HUNTINGTON BEACH.
4\s:G:(4)96Agree:Consen I I official bu mess of the City
RLS#96-771 of Hutt iii-;;ton. " f ch, as contem- 4,coe Brockway, C�p"latea u.: ., rc . �:�: _at Code City.0 rSec. 6Z03 and shouldrbe recorded free of charge. �tY City Clerk
NOW, THEREFORE, the City, Developer and 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 Developer to Buyer, subject to the terms and conditions set forth
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 reference as though fully set forth herein
are the following exhibits:
A-1: Legal Description of the Property.
A-2: Sketch of the Property.
B: Clarification of Development Agreement Rights and Duties.
C: Letter from Bill Holman to Marybeth Broeren regarding park dedication.
D: Letter from Bruce Crosby to Bill Holman regarding Traffic Impact Fees.
5. RELEASE OF DEVELOPER
The City acknowledges that upon acceptance of the assignment of the rights, duties
and obligations under the Agreement by Buyer as provided above,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
Developer as identified in Exhibit B 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:
2
4\s:G:(4)96Agree:Consen 11
RLS#96-771
a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-1, not
explicitly defined within Exhibit B of the three"Request for City's Consent to Sale" letters from
PLC, dated 10/15/96, shall continue to be the responsibility of PLC (Attachment Nos. 2-4); and
b. PLC shall be responsible for construction of all infrastructure in conformance'with
pages 20 and 21 of the Holly Seacliff Development Agreement No. 90-1 and further clarified by
PLC in their letter to the City, dated May 7, 1996 (Attachment No. 9); and
C. PLC shall instruct City right-of-way personnel, in writing,to pursue the acquisition
of all remaining street right-of-way required under the Development Agreement; and
d. As the Sherwood/Annandale project currently stands,total Traffic Impact Fees due
(per 11/13/96 fee letters) will be $335,250.00. Credit for this entire amount shall be retained by
PLC and debited against City obligations to PLC for construction of Seapoint Street, Ellis Avenue
and Edwards Street at time of sale; and
e. New Gothard Street shall be completely finished and open to the public between
Ellis Avenue and Garfield Avenue prior to March 30, 1997, in accordance with the Traffic Control
Plan/Interim Signing and Striping Plan dated October 22, 1996; and
f. The new Ellis Street sewer station shall be complete and fully operational (including
the abandonment of the existing Gothard Street lift station)prior to sale of property; and
g. Understanding that the City has possession on all necessary right-of-way on Garfield
Avenue between Goldenwest Street and Main Street, PLC shall commence with the design,
permitting and construction of Garfield Street improvements,between Goldenwest Street and Main
Street(including the new traffic signal and all four curb returns at Main Street and Garfield
Avenue); and
REST OF PAGE NOT USED
3
4\s:G:(4)96Agree:Consen 11
RLS#96-771
h. The Buyers shall pay the Library Development Fee pursuant to Huntington Beach
City Council Resolution 96-71 for all of their building permits in accordance with Ordinance No.
3344.
IN WITNESS WHEREOF,the parties hereto have executed this.Certificate by and
through their authorized officers on the date first above written.
BUYER: CITY:
WILLIAM LYON HOMES CITY OF HUNTINGTON BEACH
a California municipal corporation
by:
name: pyh 5 �►'3'1r�� e�� Mayor
title: CE PRESIDE
by: ATTEST:
name UGL
title: VICE PRESIDENT)�N����i�fAj•1UAi��c�K--
City Clerk
APPROVED AS TO FORM: REVIEWED AND:APPROVED:
l �
City Attorney p,� (' ity A inistrator
2 i0I4Pro
DEVELOPER:
PLC, a California General Partnership INITIATED AND APPROVED:
(comprised of PLC Holdings, a California -
general partnership; and T/L Huntington `
Beach L.L.C., a Delaware limited liability company) Director of Community Development
by: PLC Holdings, a California general
partnership (general partner of PLC)
by: Paclaco, Inc., a California corporation
(general partner of PLC Holdings)
by: �
Name: zi Ft�
Title: pR1s ►bU-Wr
by: 014�� 6(f'1t%
Name: GA9i5-MPNL2
Title: s E c R o-rO RR,
SIGNATURES CONTINUED ON NEXT PAGE
4
4\s:G:(4)96Agree:Consen 11
RLS#96-771
by: T/L Huntington Beach, L.L.C.
a Delaware limited liability company
(general partner of PLC)
by: Lennar Huntington Beach, Inc.
a.California core r tion(managing
member o /L gton Beach L.L.C.)
by:
Name: J VA. JAG
Title: eac4-
by:
N e:
Title: kc-e ?resideuf
by:
Name:. . T)eXe -eu, To i AAVV-'
Title:` ` Se.-,rv+&jrj
5
4\s:G:(4)96Agree:Consen 11
RLS#96-771
• EXHIBIT A-1 •
REQUEST FOR CONSENT TO SALE OF PROPERTY
DEVELOPMENT AGREEMENT NO. 90-1
HOLLY SEACLIFF AREA
Date: October 11, 1996
Property Location: East of Goldenwest Street, South of Ellis Avenue
Property Address: No current address
Assessor's Parcel No(s).: por. 111-072-7-12,14,15,17,18,21,22,25,27,29
Legal Description: Lots 1-44 and Lettered Lots A-D, F-J of Tract 14659
Lots 1-29 and Lettered Lots A-E, M-O of Tract 14978
Lots 45-61 and Lettered Lot N of Tract 14980
Acreage: approx. 23.30 acres
Current Owner:
Name: PLC
Address: 23 Corporate Plaza Drive, Suite 250
City/ST/Zip: Newport Beach, CA 92660 -
Telephone: (714) 721-9777
Contact: Bill Holman
Assignee/Buyer:
Name: William Lyon Homes
Address: 4490 Von Karman Avenue
City/ST/Zip: Newport Beach, CA 92660-2000
Telephone: (714) 833-3600
Contact: Thomas Mitchell
Existing Use of'Property: Vacant Residential .
Intended Use of Property: 90 single family homes
Existing Entitlements/Permits: Approval Date:
Environmental Impact Report No. 89-1. January 8, 1990
General Plan Amendment No. 89-1 January 8, 1990
Development Agreement No. 90-1 November 5, 1990
Holly Seacliff Specific Plan (SP 9) April 20, 1992
Tentative Tract Map No. 14659R August 27, 1996
Conditional Use Permit No. 92-47R August 27, 1996
CONSENT TO SALE APPROVED BY:
Signature:
Name:
Title:
Date:
Attachments:
Exhibits B-D for attachment to Certificate of Consent
ELLIS AVENUE EW
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---—-—- AWNUE PLC LAND 00WAW
23 CORPORATE PIM&SUITE 250
C NEW PORT BEACH,CA 92660 I 4
Ei TELEPHONE 714711AT77
FAX 714-729.1214 1ewes-arena rwu� eta ppAmw
K• 17}6 11 AN1QN -PAN
EXHIBIT "B"
CLARIFICATION OF DEVELOPMENT AGREEMENT 90-1
RIGHTS, DUTIES & OBLIGATIONS BETWEEN
PLC (SELLER)AND WILLIAM LYON HOMES (BUYER)
FOR SHERWOOD RESIDENTIAL PROJECT(PROPERTY)
'Section 2.2.1; Linear Park. Seller responsible for all park dedications required by the Agreement. The
City applied 2.93 acres of dedication credits prior to approving Final Tract Map Nos..14659, 14978 and
14980 (see attached Exhibit C; letter from PLC to City dated October 8, 1996). Seller may assign 1.54
acres of these credits to Buyer.
Section 2.2.2;Neighborhood Parks. Seller retains 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. Seller retains all obligations
for arterial right of way and streetscape improvements as required by the Agreement.
Section 2.2.4; Traffic and Circulation Improvements, Seller retains all obligations,with the following
clarifications:
2.2.4 • Seller will retain all traffic impact fee credits for Developer improvements. Seller
intends to assign $128,905 in traffic impact fee credits to Buyer for this property(see attached
Exhibit D; letters dated September 24, 1996).
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); Seller will retain all credits and reimbursements for traffic and circulation
improvements due under this section of the Agreement, unless modified by subsequent
agreement with the City.
Section 2.2.5; Water, Sewer, Drainage and Utility Improvements, Seller retains all obligations,with the
following clarifications:
2.2.5(jz); Seller will retain all credits and reimbursements for sewer, drainage, utility and water
improvements due under this section of the Agreement unless modified by subsequent
agreement with the City.
2.2.5(h); Seller will retain all obligations, credits and reimbursements for water system
improvements due under this section of the Agreement unless modified by subsequent
agreement with the City. Seller will collect from Buyer$216,000 in water capital facilities fees
for offsite water facilities to serve the Property.
Section 2.2.6; Fire and Emergency Medical, Seller retains all obligations, with the following
clarification:
2.2.6(b); Seller will retain all obligations, credits and reimbursements due under this section of
the Agreement unless modified by subsequent agreement with the City.
Section 2.2.7; Police, Seller retains all obligations,with the following clarification:
2.2.7(a); Seller will retain all obligations, credits and reimbursements due under this section of
the Agreement unless modified by subsequent agreement with the City.
Section 2.2.8; School Facilities, Seller retains obligation for designation of a public elementary school
site. Buyer will be responsible for payment of school impact fees associated with development of the
Property.
Section 2.2.9; Other Development 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 Plan.
Seller shall retain the obligation to provide affordable housing(14 moderate income units) in
accordance with the Holly Seacliff Specific Plan Affordable Housing Plan for Seacliff Partners'
Properties, dated February 28, 1994, or as such plan may be amended from time to time.
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 Seller.
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 applicable to the development of the Property. To the extent Seller may
have credits under Sections 2.2.6(b) and 2.2.7(a), Seller may assign such credits to Buyer or
Buyer's successor(s)to meet fee obligations for the development of the Property.
2.2.10 e : Buyer will be liable for the payment of water service fees and water capital facilities
fees applicable to the development of the Property. To the extent Seller may have credits or be
eligible for reimbursement under Section 2.2.5(h), Seller may assign such credits to Buyer or
Buyer's successor(s)to meet fee obligations for the development of the Property.
2.2.1ON; Traffic Impact Fees, refer to 2.2.4(f)above.
PON
isic EXHIBIT "C"
October 8, 1996
Ms. Mary Beth Broeren, Associate Planner
Community Development Department
2000 Main Street
Huntington Beach, CA 92648
Subject: Park Dedication for Final Tracts 14659, 14978, 14979 & 14980
(All of Tentative Tract No. 14659R, Sherwood/Annandale)
Dear Mary Beth:
The park dedication requirements for the above final tract maps are as follows:
Tract 14659 44 SFD lots x 3.43 x 0.005 = 0.75 acres
Tract 14978 29 x ifx 11 = 0.50 "
Tract 14979 63 x ofx of = 1.08 "
Tract 14980 98 x ofx = 1.68 "
Total 234 4.01 acres
In accordance with Section 2.2.1 (h) of Development Agreement No. 90-1, PLC requests that
4.01 acres of credit for land previously dedicated be applied to the above final tract maps,
reducing PLC's available credit from 24.09 acres to 20.08 acres.
Please call me if you have any questions with the above information.
Very truly yours,
William D. Holman
Planning& Government Relations
cc: Graham Jones
PLC Land Company 23 Corporate Plaza,Suite 250 714.721.9777 Telephone
Newport Beach,California 92660 714.729. 1214 Facsimile
• EXHIBIT °D" •
CITY OF HUN_ TINGTON BEACH
2 0 0 0 Main Street P . 0 . B o x 1 9 0 Calif o r n i a 9 2 6 4 8
Les M. Jones II Public Works Department
Director (714) 536-5431
CERTIFIED MAIL
September 24, 1996
William Holman
PLC
23 Corporate Plaza Dr., Ste. 250
Newport Beach, Ca. 92660
SUBJECT: Traffic Impact Fee No. 131A(Tract No. 14659) 9W.9 ]P- LY0t1
(Revised)
Dear Bill:
Your development is subject to payment of a Traffic Impact Fee and has been analyzed for generation of traffic
volumes per the applicable sections of the Huntington Beach Ordinance Code.As a result,the following information
is presented to assist you in complying with this requirement:
Traffic Impact Fee No: 131A
Project Type-44 Single Family Dwellings
Existing Trips generated 0
New Trips generated 420
Current fee rate-$150.00/trip
Total fee due-$63,000.00
The Traffic Impact Fee is calculated from standard trip generation and land use ratios. If additional data supports
costs more representative of your site or activity,we encourage you to consult with a Registered Traffic Engineer.
Your consultant will clarify the options available to revise the fee, and prepare the necessary supporting material.
The Public Works Department will be pleased to review the request and documentation,however,the Director's
decision will be final.
The fee is due and payable in cash or by Cashiers Check at the time of final inspection or issuance of a Certificate of
Occupancy.
Should you have any questions regarding this matter,please call me at 536-5247.
AVVetruly yours,
Bruce P. Crosby
Civil Engineer Assistant
20"1
EXHIBIT "D°
''• CITY- OF HUNTINGTON BEACH
2 0 0 0 Main Street P . O . Box 1 9 0 Calif o r n i a 9 2 6 4 8
Les M. Jones II Public Works Department
Director (714) 536-5431
CERTIFIED MAIL
September 24, 1996
William Holman
PLC
23 Corporate Plaza Dr., Ste. 250
Newport Beach, Ca. 92660
SUBJECT: Traffic Impact Fee No. 131B (Tract No. 14978) fVVP -) C1Q LyotJ
(Revised)
Dear Bill:
Your development is subject to payment of a Traffic Impact Fee and has been analyzed for generation of traffic
volumes per the applicable sections of the Huntington Beach Ordinance Code. As a result,the following information
is presented to assist you in complying with this requirement:
Traffic Impact Fee No. 131B
Project Type-29 Single Family Dwellings
Existing Trips generated 0
New Trips generated 277
Current fee rate-$150.00/trip
Total fee due-$41,550.00
The Traffic Impact Fee is calculated from standard trip generation and land use ratios. If additional data supports
costs more representative of your site or activity,we encourage you to consult with a Registered Traffic Engineer.
Your consultant will clarify the options available to revise the fee, and prepare the necessary supporting material.
The Public Works Department will be pleased to review the request and documentation,however,the Director's
decision will be final.
The fee is due and payable in cash or by Cashiers Check at the time of final inspection or issuance of a Certificate of
Occupancy.
Should you have any questions regarding this matter,please call me at 536-5247.'
Very truly yours,
rice P. fros6y'
Civil Engineer Assistant
209a
• EXHIBIT "D" •
CITY OF HUNTINGTON BEACH
2000 Main Street P . O . Box 190 California 92648
Les M. Jones 11 Public Works Department
Director (714) 536-5431
CERTIFIED MAIL
September 24, 1996
William Holman
PLC
23 Corporate Plaza Dr., Ste. 250
Newport Beach, Ca. 92660
SUBJECT: Traffic Impact Fee No. 131D (Tract No. 14980) y/-9cil4P 17 t473' LYptJ
(Revised) k!JlvIf�1G 2,� g $( Gd1"Li R4V —L
Dear Bill:
Your development is subject to payment of a Traffic Impact Fee and has been analyzed for generation of traffic
volumes per the applicable sections of the Huntington Beach Ordinance Code. As a result,the following information
is presented to assist you in complying with this requirement:
Traffic Impact Fee No. 131D 17 LYM 2A;J5
Project Type-98 Single Family Dwellings
Existing Trips generated 0 g(
New Trips generated 936
Current fee rate-S 150.00/trip
Total fee due-S 140,400.00
The Traffic Impact Fee is calculated from standard trip generation and land use ratios. If additional data supports
costs more representative of your site or activity,we encourage you to consult with a Registered Traffic Engineer.
Your consultant will clarify the options available to revise the fee, and prepare the necessary supporting material.
The Public Works Department will be pleased to review the request and documentation,however,the Director's
decision will be final.
The fee is due and payable in cash or by Cashiers Check at the time of final inspection or issuance of a Certificate of
Occupancy.
Should you have any questions regarding this matter,please call me at 536-5247.
Very truly yours,
nice P. rosb
Y
Civil Engineer Assistant
20994
CALIFORNIA ALL-PURPA ACKNOWLEDGMENT NO.s7
State of California
County of Orange
On � ���� before me, Kathy Gibson, Notary Public
DATE NAME,ME OF OFFICER-E.G.,-JANE DOE.NOTARY PUBLIC
personally appeared G.c _
NAMES)OF SIGNERS)
IE personally known to me - OR - proved to me on the basis ol satisfactory evidence
to be the person(s) whose name(s) is/are
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(NOTARY PUSIX-CALIFOfiNU►
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WITNESS y hand and =
ATURE OF NOTARY
OPTIONAL
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fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) - -
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
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STATE OF CALIFORNIA }ss.
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person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS m and official seal.
Signature
ROBERTA M. KERN
COMM. #1119189"NOTARY PU -CALIFORNI/1
ORANGE COUNTY
My Comm.Exp1m 0ec.S.2000
(This area for official notarial seal)
Title of Document �,��« �� [7
Date of Document No. of Pages
Other signatures not acknowledged
3008(1/94) (General)
First American Title Insurance Company
CA61FORNIA ALL-PURPOSP ACKNOWLEDGMENT •
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State of �a1.f ZOr nta_,
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MY Comm.Expires APR 30.1999 WITNESS my hand and official seal.
Signature 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:
Document Date: i7 9(o Number of Pages: S
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee _ ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator -
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1994 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-PURPOlk ACKNOWLEDGMENT •
State of C�3�►�C�Y n 1a
County of OYavtra2 _
On 1'4r pbky' 19 , 19CU w before me, g Y' Ndar u1b LL ,
Date Name and Tale o Officer(e.g.,'Jane ,Notary Public)
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Name(s)of Signer(s)
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and acknowledged to me that she executed the
sam�in it he ' authorized capacity(W,and that by
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DEE BAKER or the entity upon_behalf of which the personM acted,
Commission#IOMM1 executed the instrument.
Notary PubOc—Canfomla
Orange County WITNESS m hand and official seal.
My Comm.BvIres Apr 19,2000 Y
Signature of Notary Public
OPTIONAL
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fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:CIA en—, Sakg. ('i L gLl ll�nn La ITS
Document Date: Number of Pages:
Signer(s),Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
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❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
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❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trusteeitil _
❑ Guardian or Conservator - 00
Guardian or Conservatorcl
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
m 1994 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
CAtIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
1
State of
County of
On before me, t�ca8n-�
Dat Name and Title of ficer(e.g.,"Jane Doe,Notary Public")
personally appeared �Quo�v,�,zr.�elo ,
Name(s)of Signer(s)
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MAYBRICE L.JOHNSON same in his/her/their authorized capacity(ies),and that by
Z COMM.#991835 his/her/their signature(s) on the instrument the person(s),
z Notary Pubac—CaNforNa or the entity upon behalf of which the person(s) acted, )
ORANGE COUNTY executed the instrument.
My Comm.Expkes MAW 11,1997
WITNESS my hand and official seal.
. I
14
SignatAeoi Notary Public
OPTIONAL
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fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
w w PL_e
Document Date: 1 & Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: .,J Signer's Name:
CI Individual El Individual )
C Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
Partner—❑ Limited 0 General Partner—❑ Limited C General
01 Attorney-in-Fact D Attorney-in-Fact
G Trustee ❑ Trustee
G Guardian or Conservator - Guardian or Conservator
VOther: Iowa., Top of thumb here !�-Other: 6-t. t4VvtA_ Top of thumb here
Sig-ne-
.r Is Representing: Signer Is Representing: ¢—
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01995 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
` Council/Agency Meeting Held:
Deferred/Continued to:
Approved Ll Conditionally Approved ❑ Denied City Clerk's Signature
Council Meeting Date: January 6, 1997 Department ID Number: CD 96-54
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator60
PREPARED BY: MELANIE S. FALLON, Community Development Direc ,
SUBJECT: Consent For Pending Sale of Residential Projects in the Holly
Seacliff Development Agreement Area (Sherwood/Annandale)
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 PLC for the City Council to provide .
consent to the pending sale of three residential projects in the Holly Seacliff Development
Agreement area to three buyers. 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. .
The three projects are Sherwood, SeaCountry and Sandpiper. Each is a neighborhood
within the approved Sherwood/Annandale area; combined the projects total 234 units. Staff
has performed due diligence regarding the pending sale of these projects. Staff
recommends that the City Council provide consent to the sale of the projects with conditions
that certain infrastructure improvements be completed prior to sale of the property and final
inspection of the residential units, that Library Development Fees be paid for thec6uilding
permits and that all of the obligations of the Development Agreement continue to beWilfilli_�d.
-C"
Funding Source: Not applicable. `_ ��_
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` RQUEST FOR COUNCIL ACTT
MEETING DATE: January 6, 1997 DEPARTMENT ID NUMBER: CD 96-54
Recommended Action:
Motion to:
1. "Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, approve the request by
PLC for the City Council to provide consent for the pending sale of the properties known as: Final
Map Nos. 14659 and 14978, Sherwood, to William Lyon Homes; Final Map No. 14979,
SeaCountry, to SeaCountry Homes; and Final Map No. 14980, Sandpiper, to Rielly Homes with
the requirement that all responsibilities for community improvements to serve the property as
required by the Development Agreement will be complied with, including the following conditions:
a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-1, not explicitly
defined within Exhibit B of the three "Request for City's Consent to Sale" letters from PLC,
dated 10/15/96, shall continue to be the responsibility of PLC (Attachment Nos. 2-4); and
b. PLC shall be responsible for construction of all infrastructure in conformance with pages 20
and 21 of the Holly Seacliff Development Agreement No. 90-1 and further clarified by PLC in
their letter to the City, dated May 7, 1996 (Attachment No. 9); and
c. PLC shall instruct City right-of-way personnel, in writing, to pursue the acquisition of all
remaining street right-of-way required under the Development Agreement; and
d. As the Sherwood/Annandale project currently stands, total Traffic Impact Fees due (per
11/13/96 fee letters) will be $335,250.00. Credit for this entire amount shall be retained by
PLC and debited against City obligations to PLC for construction of Seapoint Street, Ellis
Avenue and Edwards Street at time of sale; and
e. New Gothard Street shall be completely finished and open to the public between Ellis
Avenue and Garfield Avenue prior to March 30, 1997, in accordance with the Traffic Control
Plan/Interim Signing and Striping Plan dated October 22, 1996; and
f. The new Ellis Street sewer station shall be complete and fully operational (including the
abandonment of the existing Gothard Street lift station) prior to sale of property; and
g. Understanding that the City has possession on all necessary right-of-way on Garfield Avenue
between Goldenwest -Street and Main Street, PLC shall commence with the design,
permitting and construction of Garfield Street improvements, between Goldenwest Street
and Main Street (including the new traffic signal and all four curb returns at Main Street and
Garfield Avenue); and
h. The Buyers shall pay the Library Development Fee pursuant to Huntington Beach City
Council Resolution 96-71 for all of their building permits in accordance with Ordinance No.
3344.
CD96-54.DOC -2- 12/17/96 1:00 PM
REQUEST FOR COUNCIL ACTS
MEETING DATE: January 6, 1997 DEPARTMENT ID NUMBER: CD 96-54
2. 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."
Alternative Action:
The City Council may make the following alternative motions:
"Continue the request for consent for the pending sale of the property known as Final
Map Nos. 14659 and 14978, Sherwood, to William Lyon Homes; and direct staff accordingly."
"Continue the request for consent for the pending sale of the property known as Final
Map No. 14979, SeaCountry, to SeaCountry Homes and direct staff accordingly."
"Continue the request for consent for the pending sale of the property known as Final
Map No. 14980, Sandpiper, to Rielly Homes and direct staff accordingly."
Analysis:
A. PROJECT PROPOSAL:
Applicant: PLC
Location: South of Ellis Avenue, between Goldenwest and Gothard Streets
B. BACKGROUND:
On November 5, 1990, the City Council adopted the Holly Seacliff Development Agreement
for the properties then owned by Pacific Coast Homes and other Chevron Land and
Development Company subsidiaries in the Holly Seacliff area. On May 6, 1996 the City
Council approved the consent for the pending sale of approximately 448 acres of property
governed by the Development Agreement to PLC/MS Vickers II, L.L.C. The sale of the 448
acres closed on May 9, 1996 at which time the properties came under the ownership of
PLC/MS Vickers II, L.L.C., and they assumed the development obligations previously held by
Chevron Land and Development Company and its affiliates.
The Development Agreement requires PLC/MS Vickers ll, L.L.C. as 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 1995, was
approved by the Planning Commission on January 23, 1996 and the City Council on
February 5, 1996.
CD96-54.DOC -3- 12/30/96 11:07 AM
REQUEST FOR COUNCIL ACTIO
MEETING DATE: January 6, 1997 DEPARTMENT ID NUMBER: CD 96-54
C. STAFF ANALYSIS AND RECOMMENDATION:
PLC has entered into a purchase and sale agreement with three developers as follows:
1) William Lyon Homes - Final Map Nos. 14659 and 14978, Sherwood, 90 units.
(Attachment No. 2)
2) SeaCountry Homes - Final Map No. 14979, SeaCountry, 63 units.
(Attachment No. 3)
3) Rielly Homes - Final Map No. 14980, Sandpiper, 81 units. (Attachment No.-4)
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.
The Final Maps for these projects were accepted by the City Council on December 16, 1996
and are part of Tentative Tract No. 14659 which was originally approved by the Planning
Commission August 24, -1993. (Attachment No. 5). The Final Maps are approved for 234
detached single family units. PLC has started grading of the site but construction of units
has not commenced.
The letter from PLC indicates that PLC will generally retain responsibility for the obligations
of the Development Agreement. These include providing a nine million gallon water
reservoir, off-site street improvements and affordable housing. The buyer would be
responsible for items such as payment of certain fees and maintenance of perimeter
landscaping. The Fire Department does not have any concerns regarding sale of the
properties; PLC will retain the obligation of Paramedic reimbursements and Fire Station
construction costs. The annual paramedic payment was paid in full in September 1996. .
The Public Works Department conditions to this sale are as set forth in their memo, dated
November 18, 1996, from City Engineer, Robert E. Eichblatt, to Mary Beth Broeren,
Associate Planner (Attachment No. 9).
Staff also recommends a condition of approval for the Certificates of Consent specifying that
the Buyers shall be responsible for the payment of the recently adopted Library Development
Fee. This fee is paid in conjunction with building permits. The condition is requested to
clarify that the three projects are subject to the new fee.
All conditions of approval for the tract maps and conditional use permits remain in effect.
These conditions include compliance with the Affordable Housing Plan (AHP) for the Holly
Seacliff Specific Plan area, as well as the infrastructure improvements referenced above.
CD96-54.DOC -4- 12/17/96 1:00 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: January 6, 1997 DEPARTMENT ID NUMBER: CD 96-54
The AHP links provision of affordable units with a certain number of market rate units. It is
anticipated that the first AHP milestone will be reached in 1998 or 1999. Staff has met with
PLC to discuss compliance with these requirements. PLC will retain responsibility for the
affordable housing requirements for these subject projects.
The City Attorney has determined that all of the obligations of the development agreement
run with the land covered by the development agreement. The City Attorney has prepared
three Certificate of Consent Agreements (Attachment Nos. 6-8) which include the
recommended condition from the Department of Public Works. The Certificates will be
signed by the seller, the buyers and the City if consent is provided for the pending sale.
Staff recommends that the City Council provide consent to the sale of the subject properties
and authorize the Mayor to execute the Certificates of Consent. There are no outstanding
public improvement issues related to the property, 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(s1:
City Clerk's
Page Number
.. ......
.............................. ...............
......................... .................
1. Vicinity Map
2. Letter from PLC dated October 1$, 1996 regarding Sherwood
3. Letter from PLC dated October 1 , 1996 regarding SeaCountry
4. Letter from PLC dated October 16, 1996 regarding Sandpiper
5. Tentative Tract Map No. 14659/Conditional Use Permit No. 92-47
Conditions of Approval
6. Certificate of Consent Agreement, Sherwood
7. Certificate of Consent Agreement, SeaCountry
8. Certificate of Consent Agreement, Sandpiper
9 Memo, dated November 18, 1996, from City Engineer, Robert E.
................... .
Eichblatt, to Mary Beth Broeren, Associate Planner.
(g Arcaforms\cd96-54)
CD96-54.DOC -5- 12/17/96 1:00 PM
r
Ic
ism
October 15, 1996
Ms. Melanie Fallon, Director
Community Development Department OCT 16 1996
2000 Main Street
Huntington Beach, CA 92648 TY NUI_C")P MrNT
Subject: Request for City's Consent to Sale of Property
Holly Seacliff Development Agreement No. 90-1
Sherwood Residential Project
APN por. 111-072-07-12,14,15,17,18,21,22,25,27,29
Dear Melanie:
PLC has entered into an agreement to sell the above property, located east of Goldenwest Street,
south of Ellis Avenue, to William Lyon Homes. In accordance with Section 4.2 of Development
Agreement No. 90-1, we are formally requesting the City's consent to this sale.
Similar to other approved sales of development agreement properties, PLC will retain the
obligations for installation of offsite utilities to serve this property in accordance with the
development agreement. In addition, this property will be eligible to utilize PLC's credits for
park dedication, traffic impact fees and water capital facilities fees payable at the time of
development, subject to PLC's approval.
I have attached an information form including a legal description of the property to be sold and
pertinent entitlement information. Also attached is an exhibit clarifying development agreement
rights, duties and obligations between PLC and William Lyon Homes for attachment to the
Certificate of Consent to be prepared by the City Attorney's Office. Please let me know if there
is any other information you need. We would like to have this scheduled for the November 18,
1996 City Council meeting, if possible.
Very truly yours,
N
William D. Holman
Planning & Government Relations
Encl. Information Form and Legal Description
cc: Mary Beth Broeren
Paul D'Alessandro
Graham Jones, PLC
Tom Mitchell, William Lyon Homes
PLC Land Company 23 Corporate Plaza,Suite 250 714.721.9777 Telephone
Newport Beach,California 92660 714. 729. 1214 Facsimile
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October 15, 1996 17FR7,
Ms. Melanie Fallon, Director OCT 16 1996
Community Development Department
2000 Main Street l,1.d�!•�• V�i_i:�~:`'rlW a
Huntington Beach, CA 92648
Subject: Request for City's Consent to Sale of Property
Holly Seacliff Development Agreement No. 90-1
Annandale "A" Residential Project �UZ . CB )
APN por. 111-072-07-12,14,15,17,18,21,22,25,27,29
Dear Melanie:
PLC has entered into an agreement to sell the above property, located east of Goldenwest Street,
south of Ellis Avenue, to SeaCountry Homes. In accordance with Section 4.2 of Development
Agreement No. 90-1, we are formally requesting the City's consent to this sale.
Similar to other approved sales of development agreement properties, PLC will retain the
obligations for installation of offsite utilities to serve this property in accordance with the
development agreement. In addition, this property will be eligible to utilize PLC's credits for
park dedication, traffic impact fees and water capital facilities fees payable at the time of
development, subject to PLC's approval.
I have attached an information form including a legal description of the property to be sold and
pertinent entitlement information. Also attached is an exhibit clarifying development agreement
rights, duties and obligations between •PLC and SeaCountry Homes for attachment to the
Certificate of Consent to be prepared by the City Attorney's Office. Please let me know if there
is any other information you need. We would like to have this scheduled for the November 18,
1996 City Council meeting, if possible.
Very truly yours,
William D. Holman
Planning & Government Relations
Encl. Information Form and Legal Description
cc: Mary Beth Broeren
Paul D'Alessandro
Graham Jones, PLC
Buck Bennett, SeaCountry Homes
PLC Land Company 23 Corporate Plaza,Suite 80 714.721.9777 Telephone
Newport Beach,California 92660 714.729. 1214 Facsimile
N
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October 15, 1996
Ms. Melanie Fallon, Director
OCT 16 1996
Community Development Department t; '
2000 Main Street
CO�IMUNIT`�'LE`�Ei;;'FI EiNT
Huntington Beach, CA 92648
Subject: Request for City's Consent to Sale of Property
Holly Seacliff Development Agreement No. 90-1
Annandale "B" Residential ProjectC
APN por. 111-072-07-12,14,15,17,18,21,22,25,27,29
Dear Melanie:
PLC has entered into an agreement to sell the above property, located east of Goldenwest Street,
south of Ellis Avenue, to Rielly Homes. In accordance with Section 4.2 of Development
Agreement No. 90-1, we are formally requesting the City's consent to this sale.
Similar to other approved sales of development agreement properties, PLC will retain the
obligations for installation of offsite utilities to serve this property in accordance with the
development agreement. In addition, this property will be eligible to utilize PLC's credits for
park dedication, traffic impact fees and water capital facilities fees payable at the time of
development, subject to PLC's approval.
I have attached an information form including a legal description of the property to be sold and
pertinent entitlement information. Also attached is an exhibit clarifying development agreement
rights, duties and obligations between PLC and Rielly Homes for attachment to the Certificate of
Consent to be prepared by the City Attorney's Office. Please let me know if there is any other
information you need. We would like to have this scheduled for the November 18, 1996 City
Council meeting, if possible.
Very truly yours,
awjtvv�
William D. Holman
Planning & Government Relations
Encl. Information Form and Legal Description
cc: Mary Beth Broeren
Paul D'Alessandro
Graham Jones, PLC
Bruce Rielly, Rielly Homes
PLC Land Company 23 Corporate Plaza,Suite 250 714. 721.9777 Telephone
Newport Beach,California 92660 714.729. 1214 Facsimile
FC4 its
Huntington Beach Planning Commission
P.O. BOX 190 CALIFORNIA 92646
August 30, 1996
PLC •
23 Corporate Plaza Drive, Suite 250
Newport Beach, CA 92660
SUBJECT: TENTATIVE TRACT NO. 14659(R)/CONDITIONAL USE PERMIT NO.
92-47(R) (SHERWOOD TRACT REVIESION (CONTINUED FROM
THE AUGUST 13, 1996,PLANNING COMMISSION MEETING)
PROPERTY
OWNER: PLC, 23 Corporate Plaza Drive, Suite 250, Newport Beach, CA 92660
REQUEST: Revise Tentative Tract No. 14659, a 244 lot residential subdivision, and reduce
the total number of lots by 10 which will result in a 234 lot subdivision. The
conditional use permit request includes an eight foot high perimeter wall along
Goldenwest Street and Ernest Avenue and approximately 128 linear feet of three
foot high retaining wall in the southwest corner of the site.
LOCATION: Southeast corner of Ellis Avenue and Goldenwest Street (60 acres)
DATE OF
ACTION: August 27, 1996
Your application was acted upon by the Planning Commission of the City of Huntington Beach on
August 27, 1996, and your request was conditionally approved. Attached to this letter are the
Findings and Conditions of Approval for this application.
Please be advised that the Planning Conlmmission reviews the conceptual plan as a basic request for
entitlement of the use applied for and there may be additional requirements prior to
commencement of the project. It is recommended that you immediately pursue completion of the
conditions.of approval and address all requirements of the Huntington Beach Zoning and
Subdivision Ordinance in order to expedite the processing/completion of your total application.
The conceptual plan should not be construed as a precise plan reflecting conformance to all
Zoning and Subdivision Ordinance requirements.
(pcc1058-1)
Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action
taken by the Planning Commission becomes final at the expiration of the appeal period. A person
desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten
calendar days of the date of the Planning Commission's action. The notice of appeal shall include
the name and address of the appellant, the decision being appealed, and the grounds for the
appeal; it shall also be accompanied by a filing fee. The appeal fee is $500.00 for a single family
dwelling property owner appealing the decision on his/her own property. The appeal fee is
$1,200.00 for all other appeals.
In your case, the last day for filing an appeal and paying the filing fee is September 6, 1996
Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any
application becomes null and void one (1) year after final approval, unless actual construction has
started.
If there are any further questions, please contact Mary Beth Broeren, Associate Planner at (714)
536-5271.
Sincerely,
Howard Zelefsky, Secretary
Planning Commission
by:
I .
Scot ess, AICP
Senior Planner
xc: Property Owner
Attachment: Findings and Conditions of Approval
(pcc1058-2)
FINDINGS AND CONDITIONS OF APPROVAL
TENTATIVE TRACT NO. 14659(R)/
CONDITIONAL USE PERMIT NO. 92-47(R)
;FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 92-47(R):
1. The revision to Conditional Use Permit No. 92-47, including the elimination of ten lots and
perimeter wall heights along Goldenwest Street and Ernest Avenue of approximately eight to 11
feet will not be detrimental to the general welfare of persons working or residing in the vicinity or
detrimental to the value of the property and improvements in the neighborhood because the
subdivision and the revision to delete ten lots will increase the size of 90 of the lots and provide a
mix of housing options in the City of Huntington Beach. The proposed project is compatible with
the surrounding existing residential housing which is primarily single family detached. The
perimeter walls will separated from the street by a 15 foot wide landscape area that will minimize
the impact of the walls' height. In addition, there is a 17 acre open space area which consists of 1.6
acres of riparian wetland and a four acre split-level neighborhood park. This open space area will be
available to the public and will provide a beneficial amenity to the City of Huntington Beach.
2. The revised 234 lot subdivision will comply with the provisions of Planning Area II of the Holly
Seacliff Specific Plan and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning
and Subdivision Ordinance. The proposed units meet all development standards of the Specific Plan.
3. Conditional Use Permit No. 92-47R for will not adversely affect the General Plan. It is consistent
with the Land Use Element designation of Low Density Residential. In addition, it is consistent with
the following goals and policies of the General Plan:
a. Housing Element which requires a mix of housing types and affordable housing.
b. Circulation Plan in the Holly SeacliffMaster Plan and the Holly Seacliff Specific Plan
which is the systematic execution of the General Plan.
FINDINGS FOR APPROVAL- TENTATIVE TRACT MAP NO. 14659(R):
1. Tentative Tract Map No. 14659(R) is consistent with the General Plan and conforms to the
Holly Seacliff Specific Plan.
2. The 60 acre site is physically suitable for the type and density of development. A mass
grading plan has been issued which will modify the terrain and create proper drainage for the
subdivision.
The design of the subdivision and the revision will not cause serious health problems or
substantial environmental damage. All potential impacts have been addressed by Final
Environmental Impact Report No. 89-1.
3. The design of the subdivision will not conflict with public access easements. The subdivision
will provide public access to the 17 acre open space area located within the tentative tract.
(pccl058-3)
CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 92-47(R):
1. The site plan and fencing plan dated July 25, 1996 and floor plans and elevations dated June
20, 1996 shall be the conceptually approved layout with the following modifications:
a. The minimum interior side yard setback for Lot No. 119 shall be 10 feet.
b. A common landscape area shall be provided along Ashley Drive adjacent to Lot No. 103.
c. The common landscape areas, located between a side yard and a street shall generally
extend from side yard fence (perpendicular to the rear yard) to rear property line.
d. An interpretative kiosk for the restored wetlands area shall be located at the junction of .
the trail system, approximately 200 feet south of the lift station.
e. The pedestrian access trail off of Ellis Avenue, shall be located east of the desilting basin
and connect into the main trail system.
2. All other previous conditions of approval shall remain in effect.
3. Rear walls that face onto the open space/park areas shall be eight inches of concrete curb and
five feet, three inches of wrought iron.
4. Prior to issuance of grading permits, the applicant shall obtain a National Pollutant Discharge
Elimination System (NPDES) Industrial Stormwater Permit for construction activities from
the Regional Water Quality Control Board. Evidence that the permit has been obtained shall
be submitted to the City Engineer, Department of Public Works. (PW)
5. Prior to final inspection, any existing overhead utilities shall be installed underground. (PW)
CONDITIONS OF APPROVAL- TENTATIVE TRACT MAP NO. 14659(R):
1. The tentative tract map received and dated July 24, 1996 shall be the approved layout with the
following modification.
a. A common landscape area shall be provided along Ashley Drive adjacent to Lot No. 103.
b The common landscape areas, located between a side yard and a street shall generally
extend from side yard fence (perpendicular to the rear yard)to rear property line.
c. The pedestrian access trail off of Ellis Avenue, shall be located east of the desilting basin
and connect into the main trail system.
2. All other previous conditions of approval shall remain in effect.
3. The minimum curb grade on Ernest Avenue shall be 0.50 %. If this cannot be accomplished, a
storm drain line will be required. (PW)
4. The following shall be dedicated to the City of Huntington Beach: (PW)
a) A public access easement, within the private streets, for park access purposes.
b) The upper park site in fee title.
c) Access rights in, over, across, upon and through private streets within said tract for the
purposed of maintaining, servicing, cleaning, repairing and replacing the water system.
d) An easement for Police and Fire Department access over the private streets.
(pcc1058-4)
ej .
Huntington Beach Planning Commission
P.O. BOX 190 CALIFORNIA 92648.
Date: August 27, 1993
f
NOTICE OF ACTION
Applicant: Seacliff Partners, 520 Broadway, Santa Monica, CA 92608
Subjjct : TENTATIVE TRACT NO. 14659/CONDITIONAL USE PERMIT NO. 92-47
Your application was acted upon by the Huntington Beach Planning
Commission on August 24 . 1993 and your request was:
WITHDRAWN
APPROVED
APPROVED WITH CONDITIONS XX (see attached)
DISAPPROVED
TABLED
CONTINUED UNTIL
Under the t provisions of the Huntington Beach Ordinance Code, the
action taken by the Planning Commission is final unless an appeal•- .s.
filed to the CityCouncil b you or an interested
Y party. ;'-.Said
appeal must be in writing and must set forth in detail the actions
and grounds by and upon which the applicant or interested party
deems himself aggrieved. Said appeal must be accompanied by .a
filing fee of five hundred ($500) dollars and be submitted to the
City Clerk' s office within ten (10) days of the date of the
Commission' s action.
In your case, the last day for filing an appeal and paying.'the
filing fee is September 3 . 1993
Provisions of the Huntington Beach Ordinance Code are such that any
application_ becomes null and void one (1) year after final-,approval,
unless actual construction has started.
(7339d-2)
_ v
JI
0 ".1 Huntington Beach Planning Commission
P.O. BOX 190 CALIFORNIA 92648
August 27, 1993
Seacliff Partners
520 Broadway, Suite 100
Santa Monica; CA 92608
SUBJECT: TENTATIVE TRACT NO. 14659/CONDITIONAL USE PERMIT NO. 92-47
a
REQUEST: Subdivide a 60 acre parcel into 270 parcels for
development of which 244 are for single family detached
dwellings .
LOCATION: Southeast corner of Ellis Avenue and Goldenwest Street
DATE OF
APPROVAL: August 24 , 1993
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 92-47 :
1. The proposed 244 lot subdivision will be compatible with adjacent
properties/uses because of compliance with the mitigation measures
in Final Environmental Impact Report No. 89-1 and the
Holly-Seacliff Specific Plan.
2. The establishment of the 244 lot subdivision will not be
detrimental to the general welfare of persons working or residing
in the vicinity and detrimental to the value of the property and
improvements in the neighborhood.
3 . On-site parking and circulation are adequate for4he proposed 244
lot subdivision and will not have the potentialof creating
congestion and circulation hazards .
4 . Ingress and egress to the site does not have the potential of
creating additional traffic impacts to the intersections along
Goldenwest, Gothard and Ellis Avenues .
5 . The granting of Tentative Tract No . 14659 and Conditional Use
Permit No. 92-47 for 244 lot subdivision will not adversely
affect the General Plan of the City of Huntington Beach.
6 . The location, site layout, and design of the proposed 244 lot
subdivision properly adapts the proposed structures to streets,
driveways, . and other adjacent structures and uses in a harmonious
manner.
(7340d-2)
i
Tentative Tract No. 14659/
Conditional Use Permit No. 92-47
Page Two
7. The density transfer of 26 units from Planning .Unit II-1 to
Planning Unit II-2 and .31 units to Planning Unit II-3 is consistent
with the maximum density permitted by the City' s General Plan and
the Holly Seacliff Specific Plan.
FINDINGS FOR APPROVAL - TENTATIVE TRACT NO. 14659 :
1. The size, depth, frontage, street width, and other design features
of the proposed subdivision for Tentative Tract No. 14659 for 244
single family residential lots are in compliance with the standard
plans and specifications on file with the City as well as in
compliance with the State Subdivision Map Act and the supplemental
City Subdivision Ordinance.
2 . The property was previously studied for this intensity of land use
at the time that the General Plan designation of Low Density
Residential and the Holly-Seacliff Specific Plan were implemented.
3 . The General Plan has set forth provisions for Low Density
Residential as well as setting forth objectives for the
implementation of this type of use.
4 . The site is relatively flat and physically suitable for the
proposed density of 50 units per gross acre. Development will be
limited in the 17 acre swale area .
5 . Tentative Tract No . 14659 for 244 lot subdivision is consistent
with the goals and policies of the Huntington Beach General Plan.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 92-47:
1. The site plan, floor plans, elevations and fence plan received and
dated August 16, 1993 shall be the conceptually a?proved layout.
2 . Prior to submittal for building permits, the applicant/owner shall
complete the following:
a. Submit three copies of the site plan to the Planning Division
for addressing purposes . If street names are necessary, submit
proposal to Fire Department for review and approval.
(7340d-3)
Tentative Tract No . 14659/
Conditional Use Permit No . 92-47
Page Three
b. Depict all utility apparatus, such as but not limited to
backflow devices and Edison transformers, on the site plan.
They shall be prohibited in the front and exterior yard setbacks
.unless properly screened by landscaping or other method as
approved by the Community Development Director.
c. Floor plans shall depict nptural gas and 220V electrical shall
be stubbed in at the location of clothes dryers; natural gas
shall be stubbed in at the locations of cooking facilities,
water heaters, and central heating units; and low-volume heads
shall be used on all spigots and water faucets .
d. If foil-type insulation is to be used, a fire retardant type
shall be installed as approved by the Building Department and
indicated on the floor plans .
e. Elevations shall depict colors and building materials proposed.
f. A detailed soils analysis shall be prepared by a registered
Soils Engineer. This analysis shall include on-site soil
sampling and laboratory testing of materials to provide detailed
recommendations regarding grading, chemical and fill properties,
foundations, retaining walls, streets, and utilities .
g. Entries to private streets shall be delineated by decorative
pavement.
3 . Prior to issuance of building permits, the applicant/owner shall
complete the following :
a. Submit copy of the revised site plan, floor plans and elevations
pursuant to Condition No. 1 for review and approval and
inclusion in the entitlement file. /,.
b. A' Landscape Construction Set must be submitted to the
Departments of Community Development and Public Works and must
be approved. The Landscape Construction Set shall include a
landscape plan prepared and signed by -.a State Licensed Landscape
Architect and which includes all proposed/existing plant
materials (location, type, size, quantity) , an irrigation plan,
a grading plan, an approved site plan, and a copy of the
entitlement conditions of approval .
(7340d-4)
Tentative Tract No. 14659/
Conditional Use Permit No. 92-41
Page Four
The landscape plans shall be in conformance .with Section 9608 of
the Huntington Beach Ordinance Code and Holly-Seacliff Specific
Plan. The set must be approved by both departments prior to
issuance of building permits . Any existing mature trees that
must be removed shall be replaced at a minimum 1 to 1 ratio with
minimum 36-inch box trees, which shall be incorporated into the
project ' s landscape plan.
The landscape plans shall reflect the overall theme established
by the riprarian .wetland restoration design.
c. A grading plan shall be submitted to the Department of Public
Works for review and it must be approved (by issuance of a
grading permit) . A plan for silt control for all water runoff
from the property during construction and initial operation of
the project may be required if deemed necessary by the Director
of Public Works .
d. Hydrology and hydraulic studies shall be submitted for Public
Works approval .
e. Final Tract Map shall be accepted by the City Council, recorded
with the Orange County Recorder and a copy filed with the
Department of Community Development .
f. Provide enhancement treatment (pavement and edges) for local
street crossings of swale area .
g. Provide an overall infrastructure and tract phasing plan.
h. Common landscape areas shall be landscaped, or a bond shall be
posted, by phases .
i . The applicant shall be subject to an Affordable Housing Plan as
required by the Holly-Seacliff Specific Plan;
4 . The development shall comply with all applicable provisions of the
Ordinance Code, Building Division, and Fire Department.
a
5. All building spoils, such as unusable lumber, wire, pipe, and other
surplus or unusable material, shall be disposed of at an off-site
facility equipped to handle them.
6. Installation of required common area landscaping and irrigation
systems shall be -completed prior to final inspection of each phase.
(7340d-5)
Tentative Tract No. 14659/
Conditional Use Permit No. 92-47
Page Five
7. During construction, the applicant . shall :
a. .Use water trucks or sprinkler systems in all areas where
vehicles travel to keep damp enough to prevent dust raised when
leaving the site;
b. Wet down areas in the late morning and after wgrk is completed
for the day;
c. Attempt to phase and schedule construction activities to avoid
high ozone days (first stage smog alerts) ;
d. Discontinue construction during second stage smog alerts.
8 . Construction shall be limited to Monday - Saturday 7 : 00 AM to 8 : 00
PM. Construction shall :be prohibited Sundays and Federal holidays .
9 . Conditional Use Permit No. 92-47 shall become null and void unless
exercised within two (2) years of the date of final approval, or
such extension of time as may be granted by the Planning Commission
pursuant to a written request submitted to the Planning Department
a minimum 30 days prior to. the expiration date.
CONDITIONS OF APPROVAL - TENTATIVE TRACT NO. 14659 :
1. The tentative tract map received and dated August 16, 1993, shall
be the approved layout.
2 . The following conditions are required to be completed prior to
recordation of the Final Map unless otherwise stated. Bonding may
be substituted for construction in accordance with provisions of
the Subdivision Map Act:
a. Irrigation for landscape areas shall be designed to connect to
future reclaimed or subpotable water supply„ to the extent
allowed by the State Department of Health Services and to the
extent required by Development Agreement No. 90-1 as determined
by the City Engineer.
b. The developer shall submit for review and approval by the Public
Works Department, separate, 24" x 36" water improvement plans,
showking service connections to all lots, fire hydrants, valves
and other appurtenances.
(7340d-6)
.J
Tentative Tract No . 14659/
Conditional Use Permit No. 92-47
Page Six
c., The water system shall be located within vehicular travelways
and shall be dedicated to the City. The Homeowners Association
shall be responsible for repairing an enhanced pavement if the
water facilities require repair or maintenance.
d. An approved backflow device shall be installed on each domestic
water service per Public Works Standard Plan No. 609 .
e. Sewer systems within private, interior tract streets shall be
owned and maintained by the homeowners association.
f. Sewer systems serving other properties outside the subject tract
shall be dedicated to the City of Huntington Beach with
appropriate easements for maintenance.
g. Interior street and utilities therein shall be designed and
constructed in accordance with the Department of Public Works
Standards .
h. Signing, striping, and street lighting shall be designed and
constructed in accordance with Public Works Standards .
i . Rear lot lines shall be straight lines rather than curves,
wherever possible, as determined by the Director of Public Works .
j . All vehicular access rights to Ellis Avenue, Goldenwest Street
and Gothard Street shall be released and relinquished to the
City of Huntington Beach except at locations approved by the
"Planning Commission.
k. Interior streets shall have minimum 200 foot centerline radii .
1. Open spaces areas, other than the upper 2 acre/,dedicated park,
shall be maintained by the Homeowners Association.
m. Gothard Street shall be dedicated and fully improved (full
width) along the boundary of this tract, per the Holly Seacliff
Specific Plan.
n. The engineer or surveyor preparing the final map shall tie the
boundary of the map into the Horizontal Control System
established by the County Surveyor in a manner described in
Sections 7-9-330 and 7-9-337 of the Orange County Subdivision
Code and Orange County Subdivision Manual, Subarticle 18 .
(7340d-7)
Tentative Tract No. 14659/
Conditional Use Permit No . 92-47
Page Seven
o. The engineer or surveyor preparing the final map shall submit to
the County Surveyor a digital-graphics file of said map in a
manner described in Sections 7-9-330 and 7-9-337 of the Orange
. County Subdivision Manual, Subarticle 18 .
p. All existing and future utilities shall be installed
underground, with the exception of 66KV lines .
3 . Fire Department requirements are as follows :
a. Access (minimum of 24 feet in width) must be provided off
Ernest, Gothard and both outlets off Ellis Avenue.
b. Approximately thirty (30) fire hydrants will be required for the
April 26, 1993 plan submittal.
c. Both sides of "A" street are required to be a minimum of 20 feet
wide.
d. The emergency access shown off Ellis Avenue must be Fire
Department minimum of twenty-four (24) feet in width.
e. Units on all "flag" type or other lots which may .hinder
Fire/Rescue access must be -automatic fire sprinklered unless
fire equipment access requirements have been approved by the
Fire Department and are provided pursuant to Section 10 .203 and
Section 10 .205 of the 1991 Uniform Fire Code.
f. 'Building address numbers for each unit must be a minimum of four
(4) inches in size per Fire Department Standard 428 and in an
unobstructed location which can be easily viewed from the street.
g. Any fire access gates proposed to be installed,•must comply with
Fire Department Specification 403 .
h. Prior to release of building permits, all mitigation measures
for compliance of oil, methane and environmental Fire Department
Specifications 422, 429 and 431 must be completed.
•
i. A fire protection plan shall be submitted and approved by the
Fire Department prior to the release of the first building
permit.
j . Prior to issuance of any grading permits, a fuel modification
plan and program per Orange County Fire Department Standards
shall be approved by the Fire Department . The plan shall show
the special treatment to achieve an acceptable level of risk in
regard to the exposures of structures to flammable vegetation
(7340d-8)
Tentative Tract No. 14659/
Conditional Use Permit No. 92-47
Page Eight
and shall address the method of removal and installation,
whether it be done mechanically or hand, and what provisions
will be made for its continuous maintenance. other- Fire
Prevention/Mitigation Measures may also be required such as,
class "A" non-combustible roofs,, protected attic/crawl space
vents, . reduction or elimination of. exterior combustible
construction, residential interior fire sprinkler systems, and
double glazed windows . The fuel modification shall be approved
prior to the issuance of building permits, and completed prior
to the issuance of applicable use and occupancy permits .
4 . At least 60 days prior to recordation of the final tract map,
CC&R' s shall be submitted to and approved by the City Attorney and
the Department of Community Development. The CC&R' s shall reflect
the common driveway access easements, and maintenance of all walls
and common landscape areas by the Homeowners ' Association.
5 . Model home complexes shall be permitted per Subdivision Map Act
Section 66499 .30 prior to recordation of a final map.
I hereby certify that Tentative Tract No . 14659 and Conditional Use
Permit No. 92-47 were approved by the Planning Commission of the City
of Huntington Beach on August 24, 1993 upon the foregoing findings and
conditions . This approval represents conceptual approval only;
detailed plans must be submitted for review and the aforementioned
conditions completed prior to final approval.
Sincerely..
Mike Adams, Secretary
Planning Commission
by:
f .
Scott Hess
Senior Planner
(7340d-9)
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Mary Beth Broeren, Associate Planner
FROM: Robert E. Eichblatt, City Engineer 09Qy
SUBJECT: Public Works Required "Conditions of Sale" Associated with Sale of
Sherwood/Annandale Projects Covered Under the Holly Seacliff
' Development Agreement 90-1.
DATE: November 18, 1996
The following "Conditions of Sale" shall be required to be made part of the City's approval of
PLC's request to sale the Sherwood/Annandale projects to new owners. None of the following
conditions are consider new, but rather are existing conditions or terms covered within the
existing Development Agreement between PLC Land Company and the City of Huntington Beach
that must be implemented or otherwise tied into the sale of said project
General
• All terms and conditions of the Holly Seacliff Development Agreement 90-1, not explicitly
defined within Exhibit B of the attached"Request for City's Consent to Sale" letter from
PLC, dated 10/15/96, shall continue to be the responsibility of PLC Land Company.
• ,PLC shall be responsible for construction of all infrastructure in conformance with pages
' 20 and 21 of the Holly Seacliff Development Agreement 90-1 (copies attached) and
further clarified by PLC in their letter to the City, dated May 7, 1996 (copy attached).
• PLC Land Company shall instruct City right-of-way personnel, in writing, to pursue the
purchase of all remaining street right-of-way required under the development agreement.
Traffic and Circulation Improvements (Section 2.2.4)
• As the Sherwood/Annandale project currently stands, total Traffic Impact Fees due
(per 11/13/96 fee letters)will be $335,250.00. Credit for this entire amount shall be
retained by PLC and debited against City obligations to PLC for construction of
Seapoint Street, Ellis Avenue and Edwards Street at time of sale.
Major Public Improvements:
• New Gothard Street shall be completely finished and open to the public between Ellis'
Avenue and Garfield Avenue prior to sale and transfer of property.
0022382.01
Sherwood/Annandale sale • •
11/19/96
Page 2
• The new Ellis Street sewer lift station shall be complete and fully operational(including
the abandonment of the existing Gothard Street lift station) prior to sale of property.
• Understanding that the City has possession on all necessary right-of-way on Garfield
Avenue between Goldenwest Street and Main Street, PLC shall commence with the
design, permitting and construction of Garfield Street improvement, between Goldenwest
Street and Main Street(including the new traffic signal and all four curb returns at Main
and Garfield).
Should you have any question, please call Dave Webb at ext. 5077.
Attachments
cc: Les M. Jones II
Dave Webb
Bruce Crosby
Jim Otterson
Debbie Debow
Chuck Davis
File
22382.01
serving Developer ' s Project, including but not limited to
the replacement of the Gothard sewer lift station.
(b) Developer shall complete all drainage
improvements necessary to accommodate the Holly-Seacliff
total buildout in accordance with an approved drainage study.
(c) Any resultant up-sizing in infrastructure
resulting from density transfer will be the responsibility
of the Developer to design and construct .
(d) Developer shall underground all overhead
utilities within the limits of the Project Area (except for
transmission lines) in conjunction with arterial
improvements as shown in Exhibit "E" .
(e) Developer shall construct either that portion
of the Cross-Gap Connector 16" Water Transmission Main, or
its equivalent should the Cross-Gap Connector not be
constructed, within the Project Area in conjunction with
arterial improvements .
/ (f) Installation of service and distribution lines
for "green acres" reclaimed water project concurrent with
domestic water lines to serve Developer ' s Project .
(g) Upon acceptance by City of . the improvements
constructed per 2 . 2 . 5 (-a) through (f) , Developer is eligible
to receive Reimburseable Costs, subject to the provisions in
2 . 2 . 11 .
(h) In lieu of water system capital facilities
fees , Developer shall construct; on land to be acquired by
City, a nine milLaon gallon water storage reservoir ,
20
associated booster stations , water well and transmission
lines . The above shall commence within one. hundred twenty
( 120) days of such acquisition and City approval of plans .
Project engineering and other related pre-construction
activities shall begin within one hundred eighty (180) days
of the Effective Date . The cost of construction to
Developer shall include design and construction costs and
land acquisition costs . Upon acceptance of these facilities
by the City, the Public Works Director shall verify
Developer ' s actual costs and determine Developer ' s
Reimburseable Costs , subject to the provision in 2 . 2 . 11 .
fn
Developer' will not be denied any building .releases or
building permits due. to lack of water services provided by
these facilities .
2 . 2 . 6 Fire and Emergency Medical .
( a) Upon issuance of the first building permit for
the Project , Developer shall commence annual payments to the
City to mitigate the impact of - the need to provide paramedic
services to Project . The amount shall be Two Hundred Twenty
Three Thousand Three Hundred Dollars ($223 , 300 . 00) per
annum,.. subject to Annual Adjustment .based only on CPI . Such
payments shall continue until such time as One-Thousand
21
23 Corporate Plaza.Suite 250 714.721.9777 Telephone
PLC Land Comp• Newpon Beach,Calitornia 92660 714.729. 1214 facsimile
e
May 7, 1996
Mr. Michael Uberuaga, City Administrator
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Subject: Consent to Sale of Property Covered by Development Agreement No. 90-1
to PLC and MS Vickers II, L.L.C.
Dear Mr. Uberuaga:
This letter will confirm PLC's concurrence with the two conditions placed by the City Council in
granting its consent to the sale of properties covered by Development Agreement No. 90-1.
More specifically:
1. PLC agrees that there will be no refinancing of the project debt or substitution or addition
of new equity partners without the consent of the City, which consent shall not be
unreasonably withheld,and
2. PLC agrees that the City has the authority under the Development Agreement to halt the
development process if the defined Development Agreement obligations relating to
construction of infrastructure improvements are not fulfilled.
PLC and City acknowledge that this letter in now way modifies the terms an/or conditions of
Development Agreement No. 90-1, which remains in full force and effect.
(Signatures on next page)
fe
-
r F
Mr. Michael Uberuaga
May 7, 1996
Page Two
PLC,
a California general partnership
By: PLC HOLDINGS,
a California general partnership
general partner
By: PACLACO, INC.,
a California corporation,
general partner
Name:ZrYADA5WWAW P
Title: /24,ze Ji
By:
Nam
Title:
By: T/L HUNTINGTON BEACH LLMITED LIABILITY
COMPANY, a Delaware limited liability company
By: LENNAR HUNTINGTON BEACH, INC.
A Californi orporation,
managing
By:
N ,loN JAt:FE
Ti . -
By:
Name:
cc: Melanie Fallon
Mary Beth Broeren
Robert Franz
Graham Jones