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HomeMy WebLinkAboutPLC COMPANY - 1996-10-07 Council/Agency Meeting I-field: !a Deferred/C tinued - ;<-�c roved ditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: October 7, 1996 Department ID Number: CD 96-47 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr r ---� / ZA PREPARED BY: MELANIE S. FALLON, Community Development Director SUBJECT: Consent For Pending Sale of Residential Projects in the Holly Seacliff Development Agreement Area (Peninsula 11) Statement of Issue,Funding Source,Recommended Action,Alternative Actions),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 four residential projects in the Holly Seacliff Development Agreement area to four 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 four projects are Bel-Aire, Brentwood, Hillcrest anc(RivierC-*' Each is a neighborhood within the approved Peninsula II area; combined the projects total 389 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 a condition that certain street improvements be completed prior to final inspection of the residential units. Funding Source: Not applicable. i 96� � of6 itI's �C k ii31 Va3?J kliJ �� a3A1333)1 s r *QUEST FOR COUNCIL ACTIR MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: CD 96-47 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. 15034-36 and a portion of 15037, Bel Aire, to Lennar Homes of California, Inc.; Final Map Nos. 15087-88 and 14700, Brentwood, to Taylor Woodrow Homes of California, Ltd.; Final Map Nos. 15081, 15085 and a portion of 15037, Hillcrest, to Polygon Communities, Inc.; and Final Map Nos. 15082-84 and 15086, Riviera, to Shea Vickers Residential, L.L.C. 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 condition: a. No final inspection shall be approved for units in Bel Aire, Brentwood, Hillcrest or Riviera until Bel Aire Lane between Garfield Avenue and Forester Drive is fully improved and open and Summit Drive is improved to connect with existing Clay Avenue between Bel Aire Lane and Goldenwest Street; and 2. Authorize the Mayor 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. 15034-36 and a portion of 15037, Bel Aire, to Lennar Homes of California, Inc. and direct staff accordingly." "Continue the request for consent for the pending sale of the property known as Final Map Nos. 15087-88 and 14700, Brentwood, to Taylor Woodrow Homes of California, Ltd. and direct staff accordingly." "Continue the request for consent for the pending sale of the property known as Final Map Nos. 15081, 15085 and a portion of 15037, Hillcrest, to Polygon Communities, Inc. and direct staff accordingly." "Continue the request for consent for the pending sale of the property known as Final Map Nos. 15082-84 and 15086, Riviera, to Shea Vickers Residential, L.L.C. and direct staff accordingly." CD96-47.DOC -2- 09/20/96 8:29 AM 0 QUEST FOR COUNCIL ACTS MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: CD 96-47 Analysis: A. PROJECT PROPOSAL: Applicant: PLC Location: West of Goldenwest Street and south of Summit Drive 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 II, 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. C. STAFF ANALYSIS AND RECOMMENDATION: PLC has entered into a purchase and sale agreement with four developers as follows: 1) Lennar Homes of California, Inc. - Final Map Nos. 15034-36 and a portion of 15037, Bel Aire, 126 units. (Attachment No. 2) 2) Taylor Woodrow Homes of California, Ltd. - Final Map Nos. 15087-88 and 14700, Brentwood, 83 units. (Attachment No. 3) 3) Polygon Communities, Inc. - Final Map Nos. 15081, 15085 and a portion of 15037, Hillcrest, 79 units. (Attachment No. 4) 4) Shea Vickers Residential, L.L.C. - Final Map Nos. 15082-84 and 15086, Riviera, 101 units. (Attachment No. 5) CD96-47.DOC -3- 09/20/96 8:29 AM POUEST FOR COUNCIL ACTIR MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: CD 96-47 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. Each of the Final Maps have been accepted by the City Council and are part of Tentative Tract No. 14700 which was approved by the Planning Commission on March 15, 1994. (Attachment No. 6). The Final Maps are approved for 389 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. The buyer would be responsible for items such as undergrounding utilities at time of development, 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 for fiscal year 1996-97 has been paid in full. The Public Works Department requests that a condition be required of the sale pertaining to street improvements. Specifically, the Public Works Department requests that final inspections not be approved for the residential units until street improvements for Bel Aire Lane and Summit Drive be completed. Off-site infrastructure improvements will be completed by PLC; the buyer will be responsible for on-site improvements. 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. 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 four Certificate of Consent Agreements (Attachment Nos. 7-10) 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 parcel, and the terms of the Development Agreement will be fulfilled. CD96-47.DOC -4- 09/20/96 8:29 AM R QUEST FOR COUNCIL ACTIN MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: CD 96-47 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(s): City Clerk's Page Number 1. Vicinity Map 2. Letter from PLC dated July 31, 1996 regarding Bel Aire 3. Letter from PLC dated August 20, 1996 regarding Brentwood 4. Letter from PLC dated August 20, 1996 regarding Hillcrest 5. Letter from PLC dated July 24, 1996 regarding Riviera 6. Tentative Tract Map No. 14700/Conditional Use Permit No. 93-39 Conditions of Approval 7. Certificate of Consent Agreement, Bel Aire 8. Certificate of Consent Agreement, Brentwood 9. Certificate of Consent Agreement, Hillcrest 10. Certificate of Consent Agreement, Riviera (gArcaforms\cd96-47) ATTACHMENTS 2 THROUGH 10 ON FILE IN THE OFFICE OF THE CITY CLERK CD96-47.DOC -5- 09/20/96 8:29 AM p0 S W W cc ccrii h '`4E� � �9y Qp SLATER AVENUE Lu H cc3 TALBERT AVENUE CENTRAL W T•q�6 o PARK 0 F9T O ELLIS AVENUE GARFIELD AVENUE --------------- YORKfOWN AVENUE .e H.B. ` ' HIGH `CNIC SCHOOL CENTER AVENUE S- CUFF ADAMS AVENUE COUNTRY CLUB W cc raUd �Z` > cc 9 11 Lu H Q O m c+oy Q .. O y ce z 3 U 0 Y W m 4' m y�c BEL AIRE -4y BRENTWOOD HILLCREST RIVIERA VICINITY MAP CITY O1F/ HUNTINGTON BEACH 11�1,'ULc�U.l�Jl�v`Cu" � D ter" s � IC RECFI�Vvl- ;-7- July 31, 1996 AUG 0 21996 Ms. Melanie Fallon,Director Dr(:—Ph*-',! ���.1 Community Development Department COMMUNITY 2000 Main Street Huntington Beach, CA 92648 Subject: Request for City's Consent to Sale of Property Holly Seacliff Development Agreement No. 90-1 Bel Aire Residential Project; APN 023-181-35, 110-232-02 Dear Melanie: PLC has entered into an agreement to sell the above property,located west of Goldenwest Street, south of Garfield Avenue,to Lennar Homes of California, Inc. 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 Lennar Homes of California, Inc. 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 September 3, 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 Jonathan M.Jaffe PLC Land Company 23 Corporate Plaza,Suite 250 714.721.9777 Telephone • i PON 01C August 20, 1996 ; n Ms. Melanie Fallon, Director AUG 2 0 1996 Community Development Department 2000 Main Street Huntington Beach, CA 92648 Subject: Request for City's Consent to Sale of Property Holly Seacliff Development Agreement No. 90-1 Brentwood Residential Project;pors. APN 023-181-35 & 159-432-03 Dear Melanie: PLC has entered into an agreement to sell the above property, located west of Goldenwest Street, south of Garfield Avenue, to Taylor Woodrow Homes California, Ltd. 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 Taylor Woodrow Homes California, Ltd. 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 October 7, 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 Land Company 23 Corporate Plaza,suite 250 714.721.9777 Telephone Newport Beach,California 92660 714.729. 1214 Facsimile POIC ism August 20, 1996 Ms. Melanie Fallon, Director AUG 2 1 1996 Community Development Department 2000 Main Street Elf Huntington Beach, CA 92648 A LL Subject: Request for City's Consent to Sale of Property Holly Seacliff Development Agreement No. 90-1 Hillcrest Residential Project;por. APN 023-181-35 Dear Melanie: PLC has entered into an agreement to sell the above property, located west of Goldenwest Street, south of Garfield Avenue, to Polygon Communities, Inc. 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 Polygon Communities, Inc. 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 October 7, 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 Land Company 23 Corporate Plaza,Suite 250 714.721.9777 Telephone Newport Beach,California 92660 714.729. 1214 Facsimile Ic 2 19 1996 Ms. Melanie Fallon, Director Community Development Department 2000 Main Street Huntington Beach, CA 92648 Subject: Request for City's Consent to Sale of Property Holly Seacliff Development Agreement No. 90-1 Parkside Residential Project; APNs 159-311-03-07, 13-16 & 111-073-06 Dear Melanie: PLC has entered into an agreement to sell the above property, located west of Huntingtoq Street and north of Main Street, to Shea Vickers Residential, L.L.C. 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 Shea Vickers 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 September 3, 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 Jeffrey A.Dritley PLC Land Company 23 Corporate Plaza,Suite 250 714.721.9777 Telephone r i s Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 March 15, 1996 S eaclir'f Partners 23 Corporate Plaza Drive, Suite 250 Newport Beach, CA 92660 SUBJECT: REVISION TO TENTATIVE TRACT NO. 14700/CONDITI01\TAL USE PERMIT NO. 93-39/COASTAL DEVELOPMENT PERMIT NO. 93-23 (PENINSULA H) PROPERTY Pacific Coast Homes, 23 Corporate Plaza Drive, Suite 250,Newport Beach, OWNER: CA 92660 REQUEST: Revise Tentative Tract No. 14700 which is a 397 lot residential subdivision and reduce the total number of lots by eight which will result in a 389 lot subdivision. LOCATION: Approximately 1500 feet southwest of Garfield Avenue and Goldenwest Street DATE OF ACTION: March 12, 1996 Your application was acted upon by the Planning Commission of the City of Huntington Beach on March 12, 1996 and your request was Conditionally Approved. Attached to this letter are the Conditions of Approval for this application. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for in relation to the vicinity in which it is proposed. The conceptual plan should not be construed as a precise plan reflecting conformance to all Zoning and Subdivision Ordinance requirements. 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 of your total application. (pcc1050-13) t ' Under the provisions of the Huntington Beach Ordinance Code, the action taken by the Planning Commission is final unless an appeal is filed to the City Council by you or an interested 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 twelve hundred ($1,200) 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 March 22, 1996. 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. Sincerely, Howard Zelefsky, Secretary Planning Commission i by: n Scott , AI Senior Planner Attachment: Findings and Conditions of Approval (pcc1050-14) Y FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT NO. 14700R/ CONDITIONAL USE PERMIT NO. 93-39R/ COASTAL DEVELOPMENT PERMIT NO. 93-23R FINDRgGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 93-39R: 1. . The approval of the revision to Conditional Use Permit No. 93-39R will not be detrimental to the X 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 eight lots will increase the buffer area adjacent to the golf course and the Estates project located to the south. 2. Conditional Use Permit No. 93-39R will be compatible with surrounding uses because the surrounding existing residential housing is single family detached. 3. The revised 389 lot subdivision will comply with the provisions of Planning Area III of the Holly Seacliff Specific Plan and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. 4. Conditional Use Permit No. 93-39R 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. Housine Element which requires a mix of housing types and affordable housing. b. Circulation Plan in the Holly Seacliff Master Plan and the Holly Seacliff Specific Plan which is the systematic execution of the General Plan. FINDLNGS FOR APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 93-23R: 1. The development project, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program because the revised subdivision conforms to the Holly Seacliff Specific Plan. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All required infrastructure improvements will be provided as required by the Holly Seacliff Specific Plan. (pcc1050-15) Y 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed subdivision is located 300 feet away from the water and is not required to provide lateral or vertical access to coastal resources. FINDINGS FOR APPROVAL- TENTATIVE TRACT MAP NO. 1470OR: 1. Tentative Tract Map No. 1470OR is consistent with the General Plan and conforms to the -Holly Seacliff Specific Plan. 2. The 108 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 e,,-3bbdivision. 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. That the design of the subdivision will not conflict with public access easements. Public # access to coastal resources is not required CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 93-39R: 1. The site plan received and dated December 25, 1995 shall be the conceptually approved layout. 2. All previous conditions of approval shall remain in effect. 3. Drought tolerant landscaping materials shall be used in common landscaping areas subject to the requirements of the Landscape Division. CONDITIONS OF APPROVAL- TENTATIVE TRACT MAP NO. 1470OR: 1. The tentative tract map received and dated March 1, 1996 shall be the approved layout. 2. All previous conditions of approval shall remain in effect. 3. All curb grades shall be 0.50 % minimum. 0 4. No cross gutter shall be permitted on clay Avenue at"C" Street. 5. Lot C shall be designated as a recreational open space lot. Lot C shall either: a. Be conveyed to the owner of the adjacent Seacliff Country Club for use as part of the existing golf course; or b. Be restricted to prohibit residential development in the subdivision's covenants, conditions and restrictions. (pccl050-16) {: J Huntington Beach Planning Commission Jj { ------������� • P.O. Box 190 California 92648 Date:. March 18, 1994 NOTICE OF ACTION Applicant: Seacliff Partners, 520 Broadway, Suite 100, Santa Monica, CA 90401 u 'ect: CONDITIONAL USE PERMIT 1\10. 93-39/TENTATIVE TRACT NO. 14700� COASTAL DEVELOPMENT PERMIT NO. 93-23 Your application was acted upon by the Huntington Beach Planning Commission on March 15. 1994 and your request was: WITHDRAWN APPROVED APPROVED WITH CONDITIONS XX (see attached). DISAPPROVED TABLED CONTINUED UNTIL Under the provisions of the Huntington Beach Ordinance code,the action taken by the Planning Commission is final unless an appeal is filed to the City Council by you or an interested 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 twelve hundred (S,1200)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 March 25. 1994 Provisions of the Huntington Beach Ordinance Code are such that any application becomes null and void one.(1) )'ear after final approval,unless actual construction has started. .J J Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 March 18, 1994 Sgazliff Partners 520 Broadway, Suite 100 Santa Monica, CA 90401 SUBJECT: CONDITIONAL USE PERNZIT NO. 93-39/TENTATIVE TRACT � NO. 14700�COASTAL DEVELOPMENT PERMIT NO. 93-23 REQUEST: Subdi,,Zde an 108 acre parcel into 397 residential lots with common areas for private streets and landscaping. the request also includes a request for a 153 unit density transfer from Planning,Unit.11l-2 to adjacent Planning Units. LOCATION: Approximately 1,500 feet southwest of the intersection of Garfield Avenue and Goldenwest Street DATE OF ACTION: March 15, 1994 FR\DINGS FOR- APPROVAL - CONDITIONAL USE PERMIT NNO. 93-,9: 1. The proposed 397 lot residential subdivision with the conditions imposed mill be compatible with adjacent uses because of compliance with the mitigation measures in Final Environmental Impact Report No. 89-1 and the Holly Seacliff Specific Plan. All identified significant impacts have been mitigated with conditions. 2. The establishment-of the 397 lot residential subdivision will not be ddti-imental 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. The elevations and size of the proposed dwellings are similar to existing neighborhoods. 3. On-site parking and circulation are adequate for the proposed 397 lot residential subdivision and does not have the potential of creating congestion and circulation hazards. The circulation conforms to the Holly-Seacliff Specific Plan. (Dcc100,.h1 Conditional Use Permit No. 93-39/ Tentative Tract No. 14700/ Coastal Development Permit No. 93-23 Page Two 4. Ingress and egress to the site does not have the potential of creating additional traffic impacts . -to the intersections along Golden%vest Street.. Garfield Avenue, Seapointe Street and Clay 'Street. The Holly Seacliff Specific Master Plan anticipated the levels of service generated by the proposed subdivision. 5. The granting of Conditional Use Permit No. 93-39, Tentative Tract No. 14700 and Coastal Development Permit No. 93-23 for a 397 lot residential subdivision «'ill not adversely affect the General Plan of the City of Huntington Beach. The density, circulation; product type and private open space implement the goals and policies of the General Plan. 6. The density transfer of 153 units from Planning Unit III-2 to adjacent Planning Units, detailed in attached table, is consistent with the provisions of the Holly Seacliff Specific Plan, the maximum density permitted by the Holly Seacliff Master Plan and the maximum density permitted by the City's General Plan. FENDIL GS FOR APPROVAL - TENTATIVE TRACT MZ P \O. 14700: 1. The size, depth,.frontage, street width, and other design features of the proposed subdivision for a 397 lot residential subdivision are in compliance with the standard plans and specifications on file with the City as „ell as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance. 2. The property Nvas previously studied for this intensity of land use at the time that the General Plan designation of Low Density Residential (3.7 units per gross acre). 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 3.7 units per gross acre. - S. Tentative Tract Map No. 14700 for 397 lot residential subdivision is consistent.�-ith the goals and policies of the Huntington Beach General Plan. Conditional Use Permit No. 93-39/ Tentative Tract No. 14700/ Coastal Development Permit No. 93-23 Page Three FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERNIIT NO. 93-23: I '-The proposed 397 lot residential subdivision conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan because the proposed subdivision complies with the development standards of the Holly Sea cliff Specific' Plan. R 2. Coastal Development No. 93-23 is consistent with the CZ (Coastal Zone) suffix, the Holly Seacliff Specific Plan as well as other provisions of the Huntington Beach ordinance Code applicable to the property. At the time of occupancy, the proposed 397 lot residential subdivision will provide infrastructure in a manner that is consistent with the Huntington Beach ordinance Code applicable to the property. 3. At the time of occupancy,the proposed 397 lot residential subdivision will provide infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. Access, utilities, sewer and building heights will be provided as require by the City,the Orange County Sanitation District, and the Holly- Seacliff Specific Plan. 4. The proposed 397 lot subdivision conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed subdivision is located 300 feet away from the water and is not required to provide vertical or lateral access to coastal resources. NDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 93-39 AND COASTAL DEVELOPMENT PERMIT NO 93.23: 1. The site plan, floor plans and elevations and dated received March 4, 1994 shall be the conceptually approved layout with the following modifications: . a. Include 'remnant of Clay Street as a common landscaped area. b. Provide a minimum 15 foot wide landscape easement adjacent to Clay Street and Seapoint Street. c. Revise layout pursuant to Exhibit "A" and Exhibit "B" (attached) dated \larch S. 1994. Conditional Use Permit No. 93-39/ Tentative Tract No. 14700/ Coastal Development Permit No. 93-23 Page Four 2. Prior to submittal for building permits, the applicantio«mer shall complete the folloNving: =a. Submit three (3) 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. b. Depict all utility apparatus, such as but not limited to back flow devices and Edison transfornis, 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 natural 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 love'-volume heads shall be used on all spigots and water faucets. d. If foil-type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. e. Structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set for h for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering,with the application for building permit(s). f. Elevations shall depict proposed colors and building materials. g.' Any areas within the Alquist-Priolo special studies zone must be investigated prior to issuance.of any permits. The completed geotechnical report,including recommendations for the acceleration to be used for designing the structures on the site, or a statement that- the adopted Uniform Building Code is adequate for the seismic design of the structures on the site, shall be submitted to the Public works Department. The Public works Department will obtain an independent analysis of the completed geologic report. The cost of this analysis xvill be paid by the applicant. "When the report has been amended to the satisfaction of the Public ,-vorks Department. the City will file the report with the State Geologist. Construction drawings along with calculations and approved geologic report shall be submitted to the Building Division of the Department of Community Department to complete the permit plan review. � Conditional Use Permit No. 93-39/ Tentative Tract No. 14700/ Coastal Development Permit No. 93-23 Page.Five h. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within '�- this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for.review prior to the issuance of building permits. i. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of grading permits, the applicant 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 and approved by the Departments of Community Development and Public Works. 1. The-Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Ax--chitect and which includes all proposed/existing plan materials (location, t)-pe, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. Irrigation demands shall be submitted to insure proper irrigation service sizing and the landscape plan shall include drought tolerant plants and turf for all common area landscaping. 2.. The landscape plans shall be in conformance with the Holly Seacliff Specific Plan and Section 9608 and of the Huntington Beach Ordinance code. 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 1 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. c. A grading plan shall be submitted for review and approval. 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. The applicant shall obtain a National Pollutant Discharge-elimination System for construction activities from the Regional Water Qualit}t dontrol Board. Evidence that the permit has been obtained shall be submitted to the City Engineer. f-IrtnA lnl Conditional Use Pemlit No. 93-39/ Tentative Tract No. 14700/ Coastal Development Permit No. 93-23 Page Six r-e. A detailed soil analysis shall be prepared by a registered engineer and shall be subject to approval of the Department of Public \Forks. 4.- Prior to the issuance of building permits, the following conditions shall be complied with: a. The Final 'Map, for.that phase, shall be accepted by the City Council,recorded wit11 the Orange County Recorder and a copy filed v6th the Department of Community Development, except for model home complexes. b. The configuration of the security gates shall be subject to the approval of the Public Works, Police, Fire and Community Development Departments. c. For any site plans that include architectural features encroaching into sideyard setback areas, Code Amendment No. 93-10 shall be approved by the City Council and in effect . 5. Prior to the final inspection of the first unit of each final map: a. The traffic-impact fee shall be paid.for the entire tract or approved phase, in accordance with Development Agreement No. 90-1,prior to the release for occupancy of the first unit of each phase. b. A reproducible mylar copy of the recorded final map, along with a digital graphics file of the recorded map, shall be submitted to the Department of Public Works. c. All Landscaping of common areas for each phase shall be completed. 6. Fire Department requirements are as'follows: a. A Fire Protection Plan pursuant to Fire Department Specification 4426 will be required prior to release of building permits. b. Adequate tufning radius minimum 17 foot by 45 foot must be provided for turnarounds, intersections, and corner to comply with Fire Department Specification 4401. c. All roadways which are less than 40 feet wide must be posted as fire lanes and must have no parking areas posted pursuant to Fire Department Specification 4!415: d. Approximately 29 fire h\°drants will be required. r Conditional Use Permit No. 93-39/ Tentative Tract No. 14700/ Coastal Development Permit No. 93-23 Page Seven e. All units having a gross square footage of 5,000 square feet or greater must have • automotive sprinklers installed. f. Units on all "flag" type or other lots which may hinder Fire/Rescue access must be automatic 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. g. Building address numbers for each unit must meet Fire Department Specification#428. h. Prior to release of building permits, all measures for compliance of oil, methane, and environmental issues must be completed by phase,per Fire Department Specification 4422, 429 and 431. 7. All building spoils, such-a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped'to handle them. 8. Private open space/view corridors, for that phase, shall be developed and available for homeowner's use at 50 percent occupancy for each phase. 9. 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 work 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. 10. This conditional use permit shall not become effective until Zone Change No. 93-3 has been approved by the City Council and in effect. fnrrl(ltld_1 7� Conditional Use Permit No. 93-39/ Tentative Tract No. 14700/ Coastal Development Permit No. 93-23 Page Eight CONDITIONS OF APPROVAL - TENTATIVE TRACT NO. 14700: f The tentative tract dated received March 4, 1994, shall be the approved layout Nvith the following modifications: a. Include the remnant of Clay Street. b. Provide a minimum 15 foot wide landscape easement adjacent to Clay Avenue and - Seapoint Street c. Revise ]ayout pursuant to Exhibit "A" and Exhibit "B" (attached) dated March 8, 1994. 2. Public Works requirements are as follows. The followwing conditions are required to be completed prior to the recordation of the final map unless other«ise stated. If the final maps are phased, then these'conditions shall be applied to each map. Bonding may be substituted for construction in accordance with provisions of the Subdivision Map Act: a. 'Submit a separate utility plan shoving all underground utilities, along Aith water system improvements including service connections to each building. fire h,drants, valves, bacUow devices and other appurtenances in accordance v6th all applicable sections of the Uniform Plumbing Code, City ordinances, Public Works standards and Water Division design criteria and Water Division Rules and Regulations for the Use of Reclaimed Water. These plans shall be submitted and approved by the Public Works Water Department and Fire Department prior to any construction. b. Irrigation services shall be provided per the requirements of the Development Agreement and the Holly Seacliff Specific Plan. c. All public .water systems shall be located within vehicular travel ways in an easement dedicated to the City or as otherwise approved by the Water Operations Manager. The Homeowners Association shall be responsible for the cost and repair of any enhanced. pavement if the water facilities require repair or maintenance. d. All public water systems shall be designed and installed per the City of Huntington Beach Water Division's Design Criteria. Standards Drawings and Specifications. Conditional Use Permit No. 93-39/ Tentative Tract No. 14700/ Coastal Development Permit No. 93-23 Page Nine _e. A backflow device acceptable to the NN.ater Division shall be installed on each water service, including irrigation services as applicable. All backflow devices shall be painted to match the surrounding aesthetics. The markings, indicating the size, model number and serial number, shall be permanently affixed to the body of the backflow device and must remain visible after painting. f. Fire hydrant locations shall be approved by the Fire Department prior to submittal df the utility plan to Public Works. All fire hydrant laterals shall be located in a vehicular travelway in an easement dedicated to the City. g. Each water meter shall be sized per the latest edition of the Uniform Plumbing Code. Any residence requiring a type 13-D fire sprinkler system shall have a 2" domestic water service per Standard plan 603-B. Any water service found to be,.within a driveway shall be removed completely and re-installed at the proper-location at no cost to the Water Division. After the plans are approved, if the building plan changes, and, as a result;the water service is found to be sized incorrectly,the service shall be removed completely and replaced with the correct size service at no cost to the Water Division. h. On-street parking, located on curved streets, shall be restricted as necessary to be provide for proper site distance as determined by the City Engineer. i. Sewer systems within private streets shall be owned and maintained by the homeowner's association. j. Interior streets and utilities therein shall be designed and constructed in accordance with_ the Department of public Works Standards. k. Signing, striping and street lighting shall be designed and constructed in accordance with public Works Standards. 1. All vehicular access rights to the south side of Clay Avenue shall be released and relinquished to the City of Huntington Beach,except at locations approved by the Planning Commission. m. The engineer or surveyor preparing the final map shall tie the boundary of the map to the Horizontal Control S\-stem established by the County Surveyor in*a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subchvision Code and Orange County Subdivision Manual, Subarticle 18. Conditional Use Permit No. 93-39/ Tentative Tract No. 14700/ Coastal Development Permit No. 93-23 Page Ten A. Then 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 Code and Orange County Subdivision Manual, Subarticle 18. o. A drainage system shall be designed to provide for siltation and erosion control both during and after construction of the proposed project. p.. Storm drain facilities, except those draining public streets, shall be privately maintained. q. Hydrology and hydraulic studies shall be submitted for Public Works approval. r. Existing and future utilities shall be installed underground. Underground utility plans shall be submitted to the Department of Public Works for review and approval prior to construction of any underground utilities. s. Sewer and storm drain easement widths shall be in conformance A ith the County of Orange Design Guidelines, or as approved by the City Engineer. t. All landscaping in common areas shall be completed pursuant to an approved landscape construction set; or a bond may be posted with the Department of Public Works. u. Zone change No. 93-2 shall be approved by the City Council and in effect. 3. 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 homeowner's association (s). COM REQUIREMENTS: I. The project shall comply with the Holly-Seacliff Affordable Housing Plan. 2. The development shall comply „ith all applicable provisions of the Ordinance Code, Building Division and Fire Department. 3. Construction shall be limited to Monday - Saturday 7:00 AI`4 to 8:00 PM. construction shall be prohibited on Sundaes and Federal holidays. Conditional Use Permit No. 93-39/ Tentative Tract No. 14700/ Coastal Development Permit No. 93-23 Page Eleven 4. „Conditional Use Permit No. 93-39, Tentative Tract no. 14700 and Coastal Development `Permit No. 93-23 shall become null and void unless exercised within two (2) Sears 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 Community Development Department a minimum 30 days prior to the expiration date. I hereby certify that Conditional Use Permit No. 93-39, Tentative Tract No. 14700 and Coastal Development Permit No. 93-23 were approved by the Planning Commission of the City of Huntington Beach on March 15, 1994 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, Howard Zelefsky, Secretary Planning Commission by: Scott Hess Senior Planner Reviewed by: Pl ng Commissioner 10/07/96 - City Council/Redevelopment Agency Minutes - Page 13 The Mayor declared the public hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Leipzig, second Garofalo, to adopt Resolution No. 96-89 - `A Resolution Of The City Council Of The City Of Huntington Beach Ordering The Vacation Of An Easement For Public Street Purposes Over Portion Of Constantine Drive East Of Beach Boulevard." The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Request By PLC Land Company For City Council Consent To Pending Sale Of Residential Projects - Holly-Seacliff Development Agreement Area - Peninsula II -Approved As Amended By The City Council Legal Affairs Committee (600.10) The City Council considered a communication from the Community Development Department of a request by PLC Land Company for the City Council to provide consent to the pending sale of four residential projects in the Holly-Seacliff Development Agreement area to four 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 City Clerk, earlier in the meeting, had announced the following communications: Memorandum dated October 7, 1996 from the Community Development Director transmitting the following three communications: 1. A revised Page No. 2 of the Request for Council Action dated October 7, 1996 from the Community Development Department 2. A communication dated September 27, 1996 from William Holman, representative of PLC Land Company, regarding the New Library Development Fee 3. The slide presentation regarding the Holly Seacliff Pending Sale of Properties in Peninsula II The Community Development Director reported on her department's memorandum dated October 7, 1996. She also reported on the communication she had transmitted from William Holman, Planning and Government Relations, PLC Land Company, stating opposition to the staff's interpretation that the proposed ordinance applies to the tracts being purchased from PLC. 550 Page 14 - Council/Agency Minutes- 10/07/96 The Community Development Director confirmed that PLC was not in agreement with staff but that PLC had agreed to the payment. She reviewed the history of the Development Agreement as it pertains to the issue before the Council. She reviewed the requirements of the three proposed developers relative to infrastructure obligations, public facilities obligations, and affordable housing obligations. Default proceedings were explained by the Community Development Director and the City Attorney at the request of the Mayor. The Community Development Director reviewed the Affordable Housing obligations. The Community Development Director and the Planning Director responded to the Mayor's concern regarding implementation of the Affordable Housing Plan. The Community Development Director reported that the City Attorney's Office should be consulted in this regard. In response to Councilwoman Dettloff, the Community Development Director reported on negotiations by PLC Land Company with their buyers regarding completing infrastructure improvements. Mayor Pro Tempore Bauer stated that he would like, if legally appropriate, to have a copy of the Development Agreement made available to all home buyers so they will see the Council interpretation of the Development Agreement. City Engineer Eichblatt responded to the issue of phasing street improvements brought up by Councilman Harman. City Engineer Eichblatt stated that the report sent to Council previously would again be provided for their information. He commented on the provision of the Development Agreement in this regard. The Police Chief responded to Councilman Harman regarding the public safety service center planned to be shared by police and fire. The Public Works Director reported on the infrastructure issue, including the issue of the completion of Edwards Street and Ellis Avenue at the fire station and reservoir. Bill Holman, PLC Land Company, spoke at length regarding issues related to this agenda item. He spoke regarding the communication from PLC Land Company and the company's disagreement with the city's position regarding the Library Fee. Mr. Holman spoke regarding the Affordable Housing requirement, including the fact that 15% of the homes have to meet the city' moderate income housing requirement. He spoke regarding deed restrictions. Discussion was held regarding Councilman Garofalo's request for the procedure by which the Library Fee is paid. 551 ` y 10/07/96 - City Council/Redevelopment Agency Minutes - Page 15 A motion was made by Leipzig, second Dettloff, to approve the following recommended action as set forth on amended Page No. 2 of the Request for Council Action from the Community Development Department presented earlier in the meeting: 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 Tract Map Nos. 15034-36 and a portion of 15037 Bel Aire, to Lennar Homes of California, Incorporated; Final Map Nos. 15087-88 and 14700, Brentwood, to Taylor Woodrow Homes of California, Ltd.; Final Map Nos. 15081, 15085 and a portion of 15037, Hillcrest, to Polygon Communities, Incorporated; and Final Map Nos. 15082 84 and 15086, Riviera, to Shea Vickers Residential, L.L.C. 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 condition: No final inspection shall be approved for units in Bel Aire, Brentwood, Hillcrest or Riviera until Bel Aire Lane between Garfield Avenue and Forester Drive is fully improved and open and Summit Drive is improved to connect with existing Clay Avenue between Bel Aire Lane and Go/denwest Street, 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 said Certificates of Consent upon notification by the City Attorney. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council Professional Services - City And Arthur Andersen. L.L.P. - Consulting Services - Regarding Transfer Of City's Franchised Solid Waste Operator -Through Employee Stock Ownership Plan -Approved (600.10) Earlier in the meeting, the City Clerk had announced that the following communication on this agenda item had been provided to the City Council: Request for Council Action dated October 7, 1996 from the City Attorney regarding the contract with Arthur Andersen to review transfer of the Solid Waste Franchise The City Council considered a communication from the City Attorney informing Council that Rainbow Disposal has entered into an Employee Stock Ownership Plan (ESOP) to purchase Phil Hohnstein's interest in Rainbow Disposal and obtain a financing package from Chase Manhattan to fund the ESOP. The City Council selected Arthur Andersen, L.L.P. to conduct a due diligence review of the transaction as per Section 19 of the Rainbow Franchise Agreement. Arthur Andersen, L.L.P. has requested certain modifications to the city's standard Professional Services Contract. The City Attorney reported and recommended approval of the contract with Arthur Andersen, L.L.P. 552 7 HUNTINGTON BEACH TO: Melanie Fallon, Community Development Director FROM: Connie Brockway(A'r-, City Clerk DATE: February 27, 1997 SUBJECT: CERTIFICATE OF CONSENT TO SALE OF PROPERTY- SHEA VICKERS RESIDENTIAL(RIVIERA) Following the execution of the above document by Shea Vickers, the original has been unable to be located by the City Clerk's Office or by your department. This is the only Certificate of Consent remaining to be recorded. I am anxious to obtain a new, notarized document as soon as possible. Bill Hollman is aware of the need for a new document and will assist us. Please provide me with an anticipated time-line as to when I may expect to receive the new document to record. Attachment: Exhibit"B" Riviera cbmems/SheaVickers/jc a"'",-6 -#-58 Initial, date and return Assignment Form to Mae Office of the City Clerk Today's Date 97 Date needed .1 4-27 n 4-7 n B (144-, -2-1a.7 9 Research Notes: • ION CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNI]NLTON MACH TO: Connie Brockway, City Clerk FROM: Melanie S. Fallon, Community Development Director SUBJECT: REPLACEMENT OF RIVIERA CONSENT (SHEA HOMES) DATE: March 17, 1997 You have requested an anticipated time-line with respect to completing a new certificate of consent for recordation. Below is a summary of the steps and time required. Receive a new certificate from the City Attorney's Office By March 24, 1997 Obtain Signatures from Shea Homes and PLC By April 7, 1997 Obtain Signatures from City Administrator and City Attorney By April 9, 1997 Bring document to City Clerk's Office for final signatures By April 9, 1997 Should this timeline slip, we will notify you; hopefully, it can be expedited. Should you have questions regarding the document's status,please contact Mary Beth Broeren,Associate Planner. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 5, 1997 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties, and Obligations By and Between the City of Huntington Beach, Shea Vickers Residential, L.L.C.and P.L.0 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please conform the enclosed copy and return to this office in the enclosed self- addressed stamped envelope. &Xtz / &d-uiler Connie Brockway, CMC City Clerk Enclosures gAfollowup\deedltr:Riviera 1 Telephone:714-536.5227) rtj v • • Recording requested by, and Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder when recorded, mail to: III II I I I II II I I IIIII I111111111111111111 No Fee City of Huntington Beach 006 12023570 12 259970276144 1 ;24pm 06/16/97 2000 Main Street C35 A38 16 0 14.00 0.00 45.00 0.00 0.00 0.00 Huntington Beach, CA 92648 0.00 0.00 0.00 Attn: City Clerk CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND A./V,/c r THE ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS BY AND BETWEEN THE CITY OF HUNTINGTON BEACH. SHEA VICKERS RESIDENTIAL. L.L.C.. AND PLC .� J� r j) 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 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 Shea Vickers Residential, L.L.C., 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 Prolpgrt d assignent of the Agreement; Tax-Exempt-Government gencm m This document Is solely for the CITY OF HUNTINGTON BEAGR official business of the City 4�S:G:(4)96Agree:Consent4 Connie Brockway, CMC RLS#96-529 of Huntington. reac', as contem City Clerk By: plated under O.o�.�rn�►se.ri�t -Code eputy City Clerk sec. 6103 and should be, recorded 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. 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: Memorandum from Melanie Fallon to Dan Villela regarding Fees. D: Traffic Impact Fees applicable to Project. 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 F hibit B and in Paragraph 6 below. 2 4\s:G:(4)96Agree:Consent4 RLS#96-529 6. COMPLETION OF STREET IMPROVEMENTS No final inspection shall be approved for units in Riviera until Bel Aire Lane between Garfield Avenue and the Riviera tracts are fully improved and open to the public and Summit Drive is improved to connect with existing Clay Avenue between Bel Aire Lane and Goldenwest Street. BUYER: CITY: SHEA VICKERS RESIDENTIAL, L.L.C. CITY OF HUNTINGTON BEACH a Delaware limited liability company a California municipal corporation by: Shea Homes Limited Partnership gt�f a California limited partnership Mayor its member ATTEST: by: J.F. Shea Co., Inc. a Nevada corporation its governin artner City Clerk xa;/- l by: APPROVED AS TO FORM: Name: Les Thomas Vice President Title: City Attorney by: K N e: Layn Marceau REVIEWED AND APPROVED: Title: Assistant Secretary City Administrator INITIATED AND APPROVED: Director of Co ity Development SIGNATURES CONTINUED ON NEXT PAGE 3 4\s:G:(4)96Agree:Consent4 RLS#96-529 DEVELOPER: PLC, a California General Partnership (comprised of PLC Holdings, a California general partnership; and T/L Huntington Beach L.L.C., a Delawarelimited liability company) Development By: Paclaco, Inc., a California corporation (general partner of PLC Holdings) by: Name: Q oe Gt W&oZ Title: reSic�e2t by: r Name: C� 77:S t'o Cry C. Gi6,lis Title: Secte by: T/L Huntington Beach, L.L.C. a Delaware limited liability company (general partner of PLC) by: Lennar Huntin on Beach, Inc. a California co ation(managing membe o gton Beach L.L.C.) by: Name Title: by: UN�h�.�o� Name: -I-he.resA- -�b t K'lv h Title: SsisMt� 4 4\s:G:(4)96Agree:Consent4 RLS#96-529 STATE OF CALIFORNIA } } SS. COUNTY OF LOS ANGELES } On April 22, 1997 before me, Kimberly Sue Lawrence, a Notary Public in and for said state, personally appeared Les Thomas and Layne Marceau, personally known to me, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature 44,3" (This area for official notarial seal) IARY an tAwa�. NA►�amw 6pw�v0.9opp THIS CERTIFICATE Title or Type of Document: Certificate of consent to the sale of property and the assumption of rights,duties and obligations by and between the City of Huntington Beach,Shea Vickers Residential,L.L.G.,and PLC Number of Pages: 13 Date of Document n/a • ALL-PURPOSE ACKNOWLEDGMENT G o f— SaM-- -- State of mil;Zor h a ) CAPACITY CLAIMED BY SIGNER ❑ INDMDUAL(s)31OWNO FOR County of ya,8Qe ) ONE3ELUTHENSELVE3 ❑coRPORATE OFFICMM On I I a$ 19g before me,17� � Val*k (name, titl f officer), personally appeared P )v►ta p PARTNERm )k personally known me — OR— proved to me on the basis of satisfactory PARn1ERslilP evidence to be the personO whose nameOs ie are subscribed to the within ❑ATroRNEY Instrument and acknowledged to me that "A" ) g He�sfae the executed the same in Ws/her hei authorized capacity es , and that by Ne/.he their signature on the 0 TRuswE(s) Instrument the persor(s , or the entity upon behalf of which the person acted, 1Rusr executed the Instrument. 0 OTHM WITNESS my hand and official seal. MU(s) DEE BAKER _ Commission Ilk 1086001 ' N0taryPl"C—Ca1brM0 orange County My Comm.EIpUasApr 19,2000 Signature i i I f 81-0236-5 Rev. 1 AMERI � 0� I STATE OF CALIFORNIA }ss. COUNTY OF /2 } On 9 9 7 , before me; Q personall ppeared Z I ytg b Mb wi-To c�t#b ��2�s7oa/�Erl G_ G�B�s a personally known to me ( ) to be the person(s) whose name(s) ' are subscribed to the within instrument and acknowledged to me that h e xecuted the same in hi&ICr hei :Authorized capacity(ies), and that by him/+ heir ignature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS and official seal. Signature .J ROBERTA M. KERN comm. #1 i 19189 NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY *my comm.E>r M Dec.8,2000 (This area for official notarial seal) Title of Document P Date of Document 19 No. of Pages Other signatures not acknowledged 3008(1/94)(General) First American Title Insurance Company EXHIBIT A-1 REQUEST FOR CONSENT TO SALE OF PROPERTY DEVELOPMENT AGREEMENT NO. 90-1 HOLLY SEACLIFF AREA Date: July 19, 1996 Property Location: West of Goldenwest Street, South of Garfield Avenue Property Address: No current address Assessor's Parcel No(s).: por. 023-181-35 Legal Description: Lots 1-29 and Lot A of Tract 15082 Lots 1-30 and Lot A of Tract 15083 Lots 1-15 and Lots A& B of Tract 15084 Lots 1-27 and Lots A, B &C of Tract 15086 Acreage: 25.6 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: Shea Vickers Residential, L.L.C. Address: 1999 Avenue of the Stars, Suite 2000 City/ST/Zip: Los Angeles, CA 90067 Telephone: (310)203-9600 Contact: Brian Carr Existing Use of Property: Vacant Residential Intended Use of Property: 101 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) Aril 20, 1992 Tentative Tract Map No. 1470OR March 12, 1996 Conditional Use Permit No. 93-39R March 12, 1996 Coastal Development Permit No. 93-23 March 12, 1996 CONSENT TO SALE APPROVED BY: Signature: Name: Title: Date: Attachments: Exhibits B-D for attachment to Certificate of Consent 101 OOU! 'ON 1.'lYMl 3AIlYIN31 .��e`,.I'�f rr r:...".•���.r ' +: ,'r am �3 S81r1�OSS p .. N dYN 3SYNd R N301Y�. 1 3swwa 1100 iffi3 s .rer.l:rwu / s a�N�n \,f 1��'p �; a IY f+ w♦ n �r 1 1. rf `w\II r'w�kn� irf 1 '•t111 N •'�n ��w '..�II�nrr Y y�w �e. IN a H 114 n � Aw 1 3SsnO3 1100 " H JAIO 35 e 1 an� ',' •\n{r f a 35>JATJM TM~ "� arw VIM rr ww 1 �a;.`/1r'1 '8 ai■ralN jw�N�rnw�n � ,N �,�if,. sr"wwr 1�*L w�rl'-/-t ,w• � ��r�rr�i wj r, lr n r wlP a /rr � 1.Ir.'tr n ,3wy EXHIBIT "B" CLARIFICATION OF DEVELOPMENT AGREEMENT 90-1 RIGHTS,DUTIES &OBLIGATIONS BETWEEN PLC (SELLER)AND SHEA VICKERS RESIDENTIAL, L.L.C. (BUYER) FOR RIVIERA RESIDENTIAL PROJECT(PROPERTY) Section 2.2.1, Linear Park. Seller responsible for all park dedications required by the Agreement. The City applied 1.73 acres of dedication credits prior to approving Final Tract Map Nos. 15082, 15083, 15084 and 15086(see attached Exhibit C;memo dated April 11, 1996). Seller may assign 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 $139,800 in traffic impact fee credits to Buyer for this property(see attached Exhibit D; letters dated April 29, 1996). 2.2.4(a); 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 ; 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$242,400 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. 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(15 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),M,(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. EXHIBIT C CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINOON BEACH TO: DAN VILLELLA CITY TREASURER FRONT I: MELANIE FALLON COIND4UNITY DEVELOPMENT DIRECTOR DATE: APRIL 11, 1996 SUBJECT: PARK AND RECREATION REQUIRENIENTS FOR TRACTS 15037, 15081-15086 t Pacific Coast Homes has requested to apply the previous parkland credit of 28.79 acres to satisfy the Park and Recreation requirements for Tracts 15037 and 15081 through 15086. The use of parkland credit can be summarized as follows: PREVIOUS LAND CREDIT 28.79 AC Parkland Dedication Requirements: TRACT 15037 (Portion of Bel Aire) 0.38 AC TRACT 15081 (Portion of Hillcrest) 0.74 AC TRACT 15082 (Portion of Hillcrest) 0.50 AC TRACT 15083 (Portion of Hillcrest) 0.51 AC —TRACT 15085 (Portion f Hillcrest) . TRA T 15086 (Portion f lc Total 3.28 AC SURPLUS LAND CREDIT 25.51 AC Huntington Beach Co./Pacific Coast Homes will retain a parkland credit of 25.51 acres for future Park/Recreation requirements. cc: Bill Holman, Pacific Coast Homes Valaya Hull, Senior Accountant Howard Zelefsky, Planning Director H.B. Parks File(Mary Beth Broeren) EXHIBIT D �• '� CITY OF HUNTINGTON BEACH 2 0 0 0 Main Street P . O . 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 Date: April 29, 1996 Mr. William Holman Pacific Coast Homes 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Subject: Bond& Fee Amounts-Tract No.15082 R1V f21�Z11 Dear Mr. Holman: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 7,250.00 Improvement (faithful performance) $ 177,790.00 Improvement (labor and materials) $ 88,895.00 Guarantee & Warranty (not due until Tract release) $ 17,7 79.00 Fees Sewer 7.712 acres @ $ 700.00 $ 5;398.40 Water Connection Inspection 38 connections @ $ 150.00 $ 5,700.00 Engineering &inspection $576,156 @ 6 8% $ 46,092.48 Construction Water 29 services @ $ 72.00 $ 2,088.00 $12 service/month (6 month minimum) O.C.S.D. Sewer 29 units @ $ 2,350.00 $ 68,150.00 Traffic Impact Fee 268 trips @ $ 150.00 $ 40,200.06 (due prior to certificate of occupancy) 0018451.01 Page 1 CITY OF HUNTINGTON BEACH 2 0 0 0 Main Street P . O . B o x 1 9 0 C a l i f o r n i a 9 2 6 4 8 Les M. Jones II Public Works Department Director (714) 536-5431 Date: April 29, 1996 Mr. William Holman Pacific Coast Homes 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Subject: Bond & Fee Amounts-Tract No.15083 Ozillerest}e� Dear lAr. Holman: The follo'q%zng are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 7,500.00 Improvement (faithful performance) $ 112,280.00 Improvement (labor and materials) $ 56,140.00 Guarantee & Warranty (not due until Tract release) $ 11,228.00 Fees Sewer 6.737 acres @ $ 700.00 $ 4,715.90 Water Connection Inspection 32 connections @ $ 150.00 $ .4,800.00 Engineering & inspection $348,302 - @ 8% $ 27,864.16 Construction Water 30 services @ $ 72.00 $ 2,160.00 $12 service/month (6 month minimum) O.C.S.D. Sewer 30 units @ $ 2,350.00 $ 70,500.00 1-Traffic Impact Fee 277 trips @ $ 150.00 $ 41,550.00 + (due prior to certificate of occupancy) 0018481.01 Page 1 r a CITY OF HUNTINGTON BEACH 2000 Main Street P . 0 Box 1 90 California 92648 Les M. Jones II Public Works Department Director (714) 536-5431 Date: April 29, 1996 Mr. William Holman Pacific Coast Homes 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Subject: Bond & Fee Amounts-Tract No.15084\merest) Dear Mr. Holman: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 3,750.00 Improvement (faithful performance) $ 82,890.00 Improvement (labor and materials) $ 41,445.00 Guarantee & Warranty (not due until Tract release) $ 8,289.00 Fees Sewer 4.634 acres @ $ 700.00 $ 3,243.80 Water Connection Inspection 16 connections @ $ 150.00 $ 2,400.00 Engineering & inspection $238,318 @ 8% $ 19,065.44 Construction Water 15 services @ $ 72.00 $ 1,080.00 $12 service/month (6 month minimum) O.C.S.D. Sewer 15 units @ $ 2,350.00 $ 35,250.00 Traffic Impact Fee 138 trips @ $ 150.00 $ 20,700.00 (due prior to certificate of occupancy) 0018463.01 Page 1 U IOU CITY OF HUNTINGTON BEACH 2 0 0 0 Main Street P . O . B o x 1 9 0 California 9 2 6 4 8 Les M. Jones II Public Works Department Director (714) 536-5431 Date: April 29, 1996 Mr. William Holman Pacific Coast Homes 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Subject: Bond & Fee Amounts-Tract No.15086-(EaRc * Dear Mr. Holman: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 6,750.00 Improvement (faithful performance) $ 104,380.00 Improvement (labor and materials) $ 52,340.00 Guarantee & Warranty (not due until Tract release) $ 10,438.00 Fees Sewer 6.522 acres @ $ 700.00 $ 4,565.40 Water Connection Inspection 30 connections @ $ 150.00 $ 4,500.00 Engineering & inspection $312,729 @ 8% $ 25,018.32 Construction Water 27 services @ $ 72.00 $ 1,944.00 $12 service/month (6 month minimum) O.C.S.D. Sewer 27 units @ $ 2,350.00 $ 63,450.00 Traffic Impact Fee 249 trips @ $ 150.00 $ 37 350.00 (due prior to certificate of occupancy) 0018468.01 Page 1 CALIFORNIA ALL-PURPLE ACKNOWLEDGMENT State of (�!X County of OAA:-c On ��a�� before Date Name and Title of Officer(e.q,.LAAe Do ,Notary Public") personally appeared 45�G'1P_/" and Name(s)of Signer(s) ❑ personally known to me 'proved to me on the basis of satisfactory evidence to be the persoRg whose namEo' re ubscribed to the within instrument and acknowledged to me tiNd he/ehe4EiD executed the same in his/her/their authorized capaci 1e , and that by heir ignatumQ on the instrument the person(s),or the entity upon behalf of which the persons acted, executed the instrument. ELIZABETH EHRING WITNESS my hand and official seal. i ,��,;, _ .. , COMM.#1003397 ZZ z : . -` Notary Public— California D ORANGE COUNTY MY Comm.Expires AUG 29,1997 VI� XLZn�_=42 Signature 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:'d - Document Date: Jr�� /�1 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: l ❑ Individual ❑ Individual I)? Corporate fficer >1 Corporate Officer Title(s): ,:C, r Title(s): & , tPs-A�' ❑ Partner—❑ Li ited ❑ General ❑ Partner—❑ Li ited ❑ 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:/ —� lea&� 01996 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 r • • ��� ��f/l'!�s �2�Ljtna/ Recording requested by, and (/ when recorded, mail to: City of Huntington Beach Recorded in the county of orange, Gal ifornia 2000 Main Street Gary L. Granville, Clerk/Recorder Huntington Beach, CA 92648 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII No Fee Attn: City Clerk 19960649338 11 : 16am 12/26/96 005 25001858 25 54 C34 15 7.00 42.00 0.00 0.00 0.00 0.00 ',/1)L L C R CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND I T THE ASSUMPTION OF RIGHTS; DUTIES AND OBLIGATIONS 15 BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, RQUYOM COMMUNITIES; INC.. AND PLC 2 lu� WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (Agreement)by f 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 Developer wishes to sell a portion of the Property, as described in the legal description and sketch attached hereto as Exhibits "A-I" and"A-2,"respectively,to Polygon Communities, Inc.,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 T:is dccument is s02.ely for the Tax-Exec-pt-Government Agency n f f i c i _ 4\s:G:(4)96Agree:Consent7 CITY OF HUNTIN � �"-`;'.Hess of the City GTON BE a RLs#96-632 1Q Br ACH 'f FIu,,;t o,� �s contem- 10/24/96 ockway, CMC }at. , :. r <o•,,erll'aent Cod© By: �tY CI r Sec. 6103 and should be recorded, �, free of charge. puty City Clerk 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; 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. 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: Memorandum from Melanie Fallon to Dan Villela regarding Fees. D: Traffic Impact Fees applicable to Project. 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 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 in Paragraph 6 below. 2 4\s:G:(4)96Agree:Consent7 RLS#96-632 10/24/96 6. COMPLETION OF STREET IMPROVEMENTS No final inspection shall be approved for units in Hillcrest until Bel Aire Lane between Garfield Avenue and Forester Drive is fully improved and open and Summit Drive is improved to connect with existing Clay Avenue between Bel Aire Lane and Goldenwest Street. 7. LIBRARY DEVELOPMENT FEE The Buyer shall pay the Library Development Fee pursuant to Huntington Beach City Council Resolution No. 96-71 for all building permits applied for after November 3, 1996. BUYER: CITY: POLYGON COMMUNITIES, INC. CITY OF HUNTINGTON BEACH a California corporat a California municipal corporation r-7) by: X, G�r-c Name: R. Lawrence Olin Mayor Title: esid ATTEST: by: Name: eg R. Petersen Title: VP CFO City Clerk APPROVED AS TO FORM: INITIATED AND APPROVED: '�Z� '. A�nx�. , City1Attorney jk �If I- Director of Commun' y Development REVIEWED APPROVED: ity Administrator SIGNATURES CONTINUED ON FOLLOWING PAGE 3 4\s:G:(4)96Agree:Consent7 RLS#96-632 10/24/96 CALIFORNIA ALL-PURPOR ACKNOWLEDGMENT • BMW State of / County of Qr�i>ti4�i On before me, Uuxr, A, )JdS,, Date Name and Title of Officer(e.g.,"Jane Doe,Notary Pub'" personally appeared Name(s)of Signer(s) personally known to me- to be the perso cs whose namtM+e/4r subscribed to the within instrument and acknowledged to me that-� executed the same in*isfl•)e authorized capacityffiD,and that by LAURAA.NEt80N his/her/their signature&on the instrument the persorgS� ComfrWion#10W63 Cdwomie D RMGECOU or the entity upon behalf of which the person(oacted, �t O executed the instrument. My Comm.Expfrels Jul 43.1499 WITNESS and and official seal. Signature of Notary Public TIONAL 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 � n_ Title or Type of Document: ��/ N (4 C ►4-`fI '�' - Document Date: t I ,4 ( �l_c� Number of Pages: Signer(s) Other Than Named Above: kpj. ` L4VL . �{,� l T U Capacity(ies) Claimed by Signer(s) Signer's Name: f�-�-2� �'�-�-p-���^�- Signer's Name: C� - - �2,t�cc(rcJ�-�( ❑ Individual ❑ Individual \J ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee r1 _. ❑ Trustee El _Guardian onservator •0 ElGuardia r Cons rvator VMther: Top of thumb here Other: Top of thumb here r Signer Is Representing: Signer Is Representing: kl,,eA C (I Cr _4 lij�� e j-- 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 DEVELOPER: by: T/L Huntington Beach, L.L.C. PLC, a California General Partnership a Delaware limited liability company (comprised of PLC Holdings, a California (general partner of PLC) general partnership; and T/L Huntington Beach L.L.C., a Delaware limited liability company) by: Lennar Huntington Beach, Inc. a California corporation(managing by: PLC Holdings, a California general member of T/L untington Beach partnership (general partner of PLC) L.L.C.) By: Paclaco, Inc., a California corporation by: (general partner of PLC Holdings) Name: a ha-M Ja-cf, Title: 1 c I` Iclen- Name: Ziyad Abduljawad by: Title: President Name: --VnefeSa_ Tbnv}ph "-k� / Title: by: 9 Name: Christopher C. Gibbs Title: Secretary } STATE OF CAUFO IA }ss. COUNTY OF CIA,--" } E On 07 S"/SfG before me, 0 personally appeared i//,►d is D l.�LT4 W)�, Cffg I S P C . G/ des personally known to me(or-{�reved "m E be the person(s)whose name(s) <iDubscribed to the within a E instrument and acknowledged to me that lies ey ecuted the same in his/he 7 uthorized capacity(ies), ki and that by hisHa hei gnature(s) on the instrument the erson s) or the entity upon behalf of which the person(s)acted, executed the instrument. - ROBERTA M. KERN 0 COM SSICN#977541 2 Notary PW& Colilomia X WIT SS my h nd and official seal. _ ORANGE COUNTY 0 Gom Noy Signature (This area for official notarial seal) 4 4\s:G:(4)96Agree:Consent7 RLS#96-632 10/24/96 } STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE } On November 11 . 1996 before me, Charlotte L. Baxter personally appeared_ R. Lawrence Olin and Grea R. Petersen personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS y hand nd al seal Sig ature (This area for official notarial seal) CHARLOTTE L.BAXTER COMM.i 1068633 w= Notary Public—California ORANGE COUNTY My Comm.Expires MAY 10.1999 CALIFORNIA ALL-P RP ACKNOWLEDGMENT •U O�E i State of CJq(A F0QJQ1A � i County of 0A ajQL l' On t-16d xl-bkk , ��OI(n before me,'MA(ZlAlAJ" k1�06e. ►.k , eAA Dt,lbllL Data Name and Tit l Officer(e.g.,"ane Notary P d) personally appeared , VV Name(s)of Signer(s) i personally known to me—OR—t pio MeFy viden to be the person(s) whose name(s)Ware subscribed to the within instrument and acknowledged to me that Ike/they executed the same in I /their authorized capacity(ies),and that by Isar/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, 1 MARKMNARINT executed the instrument. i Comndsslon/1M8159 .A NotClrYPL _CcNano W ESS my hand an is sea. my Comm.Evhn tg.200o OmngeCounfy + 1 [ 1 1 Signa ary bli 1 PTIONAL 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: 1 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) i 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: i 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 EXHIBIT A-1 REQUEST FOR CONSENT TO SALE OF PROPERTY DEVELOPMENT AGREEMENT NO. 90-1 HOLLY SEACLIFF AREA Date: August 20, 1996 Property Location: West of Goldenwest Street, South of Garfield Avenue Property Address: No current address Assessor's Parcel No(s).: por. 023-181-35 Legal Description: Lots 6-16 of Tract 15037 Lots 1-43 and Lots A-B of Tract 15081 Lots 1-25 and Lots A-D of Tract 15085 Acreage: approx. 24.0 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: Polygon Communities, Inc. Address: 15751 Rockfield Boulevard, Suite 120 City/ST/Zip: Irvine, CA 92718 Telephone: (714) 452-0600 I Contact: R. Lawrence Olin Existing Use of Property: Vacant Residential Intended Use of Property: 79 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. 1470OR March 12, 1996 Conditional Use Permit No. 93-39R March 12, 1996 Coastal Development Permit No. 93-23 March 12, 1996 CONSENT TO SALE APPROVED BY: Signature: Name: Title: Date: Attachments: Exhibits B-D for attachment to Certificate of Consent SWISIAJM • 11 Y7ISNIN3d .. Itlwl OOUI 'ON 13VUl 3AIlVIN31 •.-r.,., wn-..onl • M,ti and saanooss dM 3M rr N3O7ydplM 3swm!W9 dmOUS - 7r l r a E r A In F T r f r , �FJH1'+j�.iyte Q f II .1w, r.r a 1 el N r' r'Oe' 3S'nOO DOD ¢r 1 ±r'l��{11lll i ' R�/�a �� 3sdnw jiw �J.- fl 11,1�1"rJf�pl 1 fJrKW3S ,. ' It L... .I 1 GGY ✓r n r" `` f��, rc�t t..f�J�.fJf , •_N�/ilw����`,(wft.' �. 5 �,` � •RTtt wlw lwlnla,a w/ T��f��w/n T(�`�R�'�% it w-y EXHIBIT "B" CLARIFICATION OF DEVELOPMENT AGREEMENT 90-1 RIGHTS,DUTIES& OBLIGATIONS BETWEEN PLC(SELLER)AND POLYGON COMMUNITIES (BUYER) FOR HILLCREST RESIDENTIAL PROJECT(PROPERTY) Section 2.2.1;Linear Park. Seller responsible for all park dedications required by the Agreement. The City applied 1.55 acres of dedication credits prior to approving Final Tract Map Nos. 15037, 15081 and 15085 (see attached Exhibit C;memo dated April 11, 1996). Seller may assign 1.36 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(f); Seller will retain all traffic impact fee credits for Developer improvements. Seller intends to assign$109,425 in traffic impact fee credits to Buyer for this property(see attached Exhibit D; letters dated April 29, 1996). 2.2.4(g); 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 6); 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$189,600 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'6e 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 Plana Seller shall retain the obligation to provide affordable housing(12 moderate income units) in accordance with the Holly Seacliff Specific Plan Affordable Housing Plan for Seacliff Partners' Properties, dated February 28, 1994, 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), (fl,(Q), (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. 2.2.10W, Traffic Impact Fees,refer to 2.2.4(f)above. EXHIBIT C PECITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUKINOON BEACH TO: DAN VILLELLA CITY TREASURER FROM: MELANIE FALLON CON v1UNITY DEVELOPMENT DIRECTOR DATE: APRIL 11, 1996 SUBJECT: PARK AND RECREATION REQUIREMENTS FOR TRACTS 15037, 15031-15086 Pacific Coast Homes has requested to apply the previous parkland credit of 28.79 acres to satisfy the Park and Recreation requirements for Tracts 15037 and 15081 through 15086. The use of parkland credit can be summarized as follows: PREVIOUS LAND CREDIT 28.79 AC Parkland Dedication Requirements: TRACT 15037 (Portion of Bel Aire k-RRIC&9g 22 Lors, = 0.38 AC 11 WfT l= 0.16 TRACT 15081 (Portion of Hillcrest 0.74 AC Q TRACT 15082 (Portion of Hillcrest) 0.50 AC TRACT 15083 (Portion of Hillcrest) 0.51 AC TRACT 15084 (Portion of Hillcrest 0.26 AC TRACT 15085 (Portion of Hillcrest) 0.43 AC 0.1'i TRACT 15086 (Portion of Hillcrest) 0.46 AC 'Total 3.28 AC 1 i SURPLUS LAND CREDIT . . • 25.51 AC Huntington Beach Co./Pacific Coast Homes will retain a parkland credit of 25.51 acres for future Park/Recreation requirements. cc: Bill Holman, Pacific Coast Homes Valaya Hull, Senior Accountant Howard Zelefsky, Planning Director H.B. Parks File(Mary Beth Broeren) EXHIBIT D CITY OF HUNTINGTON BEACH 2 0 0 0 Main S t r e e t P . O . B o x 1 9 0 California .9 2 6 4 8 Les M. Jones II Public Works Department Director (714) 536-5431 Date: April 26, 1996 Mr. William Holman Pacific Coast Homes 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Fzi Aire Subject: Bond & Fee Amounts-Tract No.15037 (Hillcrest) Dear rlr. Holman: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 5,500.00 Improvement (faithful performance) $ 214,250.00 Improvement (labor and materials) $ 107,125.00 Guarantee & Warranty (not due until Tract release) $ 21,425.00 Fees Sewer 7.401 acres @ $ 700.00 $ 5,180.70 Water Connection Inspection 27 connections @ $ 150.00 $ 4,050.00 Engineering & inspection $648,766 0 @ 8% $ 51,901.28 Construction Water 23 services @ $ 72.00 $ 1,656.00 $12 service/month (6 month minimum) O.C.S.D. Sewer 22 units @ $ 2,350.00 $ 51,700.00 Traffic Impact Fee 203 tri s @ $ 150.00 $ 30,450.00 (due prior to certificate of occupancy) 0018444.01 Page 1 CITY OF HUNTINGTON BEACH 2 0 0 0 Main Street P . O . Box 1 9 0 Calif o r n i a 92 6 4 8 Les M. Jones II Public Works Department Director (714) 536-5431 Date: April 29, 1996 Mr. William Holman Pacific Coast Homes 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Subject: Bond & Fee Amounts-Tract No.15081 (Hillcrest) Dear Mr. Holman: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 10,750.00 Improvement (faithful performance) $ 343,250.00 Improvement (labor and materials) $ 171,625.00 Guarantee & Warranty (not due until Tract release) $ 34,325.00 Fees Sewer 11.703 acres @ $ 700.00 $ 8,192.10 Water Connection Inspection 51 connections @ $ 150.00 $ 7,650.00 Engineering & inspection -$1,135,558 @ 8% $ 90,844.64 Construction Water 44 services @ $ 72.00 $ 3,168.00 $12 service/month (6 month minimum) O.C.S.D. Sewer 43 units @ $ 2,350.00 $ 101,050.00 Traffic Impact Fee 397 trips @ $ 150.00 $ 59,550.00 (due prior to certificate of occupancy) 0018445.01 Page 1 CITY OF HUNTINGTON BEACH 2 0 0 0 Main Street P . O . Box 1 9 0 C a l i f o r n i a 9 2 6 4 8 Les M. Jones II Public Works Department Director (714) 536-5431 Date: April 29, 1996 Mr. William Holman Pacific Coast Homes 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Subject: Bond & Fee Amounts-Tract No.15085 (Hillcrest) Dear Mr. Holman: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 6,250.00 Improvement (faithful performance) $ 151,170.00 Improvement (labor and materials) $ 75,585.00 Guarantee & Warranty (not due until Tract release) $ 15,117.00 Fees Sewer 8.627 acres @ $ 700.00 $ 6,038.90 Water Connection Inspection 33 connections @ $ 150.00 $ 4,950.00 Engineering & inspection $461,470 @ 8% $ 36,917.60 Construction Water 25 services @ $ 72.00 $ 1,800.00 $12 service/month (6 month minimum) O.C.S.D. Sewer 25 units @ $ 2,350.00 $ 58,750.00 Traffic Impact Fee 231 trips @ $ 150.00 $ 34,650.00 (due prior to certificate of occupancy) 0018467.01 Page 1 s0n1 1n1 Recording requested by, and when recorded, mail to: Recorder] in the county of orange, caiifornia City of Huntington Beach Gary L. Granville, C1 erk/Recorder 2000 Main Street IIIIIIIIIIIIIIIIIIIIIIIIIIIIIfIIIIlllllllllll�lllllllllllllllllll No Fee Huntington Beach, CA 92648 19960649339 11 : 16am 12/26/96 Attn: City Clerk 005 25001858 25 54 C34 17 7.00 48.00 0.00 0.00 0.00 0.00 CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND I� THE ASSUMPTION OF RIGHTS DUTIES AND OBLIGATIONS 1� P BY AND BETWEEN THE CITY OF HUNTINGTON BEACH. Z,J LEMAR HOMES OF CALIFORNIA INC 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 Developer wishes to sell a portion of the Property, as described in the legal description and sketch attached hereto as Exhibits "A-I" and"A-2,"respectively,to Lennar Homes of California, Inc., 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 Tax-Exempt-Government Agency This document 3s solely for the 4\s:G:(4)96Agree:Consent6 CITY OF HUNTINGTON BEACH official business of the City RLs#96-561 C Brodmay, CMC of flue t .r;;;ton Forte,';, as contem- 10/24/96 It�Clerk 1-'•�-�l.r�'"-_ ..-_:. �s' Gn,,'n,>.ni;ient Code By. Sec. 6103 and should be recorded, utylerk free of charge. 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; NOW, THEREFORE,the City, Developer and Buyer do hereby agree and acknowledge as follows: I. 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. 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: Memorandum from Melanie Fallon to Dan Villela regarding Fees. D: Traffic Impact Fees applicable to Project. 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 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 in Paragraph 6 below. 2 4\s:G:(4)96Agree:Consent6 RLS#96-561 10/24/96 6. COMPLETION OF STREET IMPROVEMENTS No final inspection shall be approved for units in Bel Aire until Bel Aire Lane between Garfield Avenue and Forester Drive is fully improved and open and Summit Drive is improved to connect with existing Clay Avenue between Bel Aire Lane and Goldenwest Street. 7. LIBRARY DEVELOPMENT FEE The Buyer shall pay the Library Development Fee pursuant to Huntington Beach City Council Resolution 96-71 for all building permits applied for after November 3, 1996. BUYER: CITY: LENNAR HOM4 OF CALIFORNIA, INC. CITY OF HUNTINGTON BEACH a Caliform o r io a California municipal corporation by: 11)p"1- ` Name: d AWOL K. �o-�fe- Mayor Title: Ni C Wt sat.Pt ATTEST: by: Name: T0��/1-1flY� Title: City Clerk APPROVED AS TO FORM: INITIATED AND APPROVED: City Attorney b'L�'�� Director of Comm ity Development s�� _�4 REVIEWED AND APPROVED: City Admu istrator SIGNATURES CONTINUED ON FOLLOWING PAGE 3 4\s:G:(4)96Agree:Consent6 RLS#96-561 10/24/96 ,CALIFORNIA ALL•PURPOS ACKNOWLEDGMENT State of County of ��� On IVOiI� 2�-, l©l�l�o before me, �Gu�-� �- - ��C K, fj ok,,rq Date n A Name and Trtle of Officer e.g.,"Jane Doe,Notary c") personally appeared ��fil/V� �su. -� 04 � , Name(s)of Signer(s) /1111orsonally known to me- to be the persorgZ whose nameos is/ re ubscribed to the within instrument and acknowledged to me that+e/sh 'executed the same in Wgis th authorized capacity(2&),and that by fsfher signaturs on the instrument the persore), LAURAA.NELSON or the entity upon behalf of which the person acted, Commission#1066263 Z executed the instrument. Notary Public—Califomia Z ORANGE COUNIY My Comm.Expires JU 23.1999ZWITNEy hand and official seal. Signature of Notary Public 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: Se� f0 T C f Document Date: I C `� I�lt� Number of Pages: 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 GA,41Y'�r onservator . ❑ Guardia onservat rOther: Top of thumb here �Other: or 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 DEVELOPER: by: T/L Huntington Beach, L.L.C. PLC, a California General Partnership a Delaware limited liability company (comprised of PLC Holdings, a California (general partner of PLC) general partnership; and T/L Huntington Beach L.L.C., a Delaware limited liability company) by: Lennar Huntington Beach, Inc. a California corporation(managing by: PLC Holdings, a California general member of T/L tington Beach partnership (general partner of PLC) L.L.Cj By: Paclaco, Inc., a California corporation By: (general partner of PLC Holdings) NameTitle: Tres►��� By: 'Name: Ziyad Abduljawad By: Gt. fv"-'L Title: President Name: TLkWe--Z'a' T0►YLAD►-\ &= Title: By: Name: Christopher C. Gibbs Title: secretary } STATE OF CALIFO IA }ss. COUNTY OF } CIS E On � ,�, , Ztg/544 before me, �kngLaw79 M- Hl ig Al 0 U personally appeared l�Vi2D 0-9 b(t L ]� H t;)J6L15-3-DF}1_6X C 4-111f9S' personally known to me (aide d a to be the person(s)whose name(s) i are ubscribed to the within ii instrument and acknowledged to me that the xecuted the same in /their'uthorized capacity(ies), and that by hwAeeir gnature(s) on the instrument t e r s r h -nil ti u on behalf of which the m 0 ROBERTA M. KERN person(s)acted,executed the instrument. C •° COMMISSION 99 '7541 = Notary Public California °f ORANGE COUNTY WITN my h d and official seal. _ W Coffin ExpiresGo -' o a November 8, 1996 co Signature (This area for official notarial seal) 4 4\s:G:(4)96Agree:Consent6 RLS#96-561 10/24/96 CALIFORNIA ALL-PURP041E ACKNOWLEDGMENT • State of C - County of ' On_/Y(-)"1kbkX k Q9(,!3 before me, L Date Name and Title of Officer(e.g.,"Jane Do Notary P personally appeared e(s)of Signers) Xpersonally known to me-OR to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that hal Mm/they executed the same in himber/their authorized capacity(ies),and that by her/their signature(s)on the instrument the person(s), MARKAMARMONE or the entity upon behalf of which the person(s) acted, Coma ton01088159 executed the instrument. 's NotolYaMAO—CoA OMb i MVCMM��1Feb 9.20OD r7PTIONAL S my hand an icial seal. i Si lic 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: /b /29 �o Number of Pages: Signer(s) Other Than Named Above:2 U60L 6l b-d& .�a 7Q �' o{'111.� Capacity(ies) Claimed by Signer(s) J Signer's Name: Signer's Name: ❑ Individual ❑ Individual L?'Corporate Officers ❑ Corporate Officer Title(s): VP � &",, 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 igner 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 CALIF RNIA •O ALL�PURPO�E ACKNOWLEDGMENT State of County of On l "I 9(O before meAa1 iL1a ina.Qin aL iV 06_) , , Date Name and Title of Officer e. 'lane Doe,Note ublic") personally appeared , Name(s)of Signer(s) personally known to me— to be the person(s) whose name(s)*/are subscribed to the within instrument and acknowledged to me that /they executed the same in her/their authorized capacity(ies),and that by hEir/their signature(s)on the instrument the person(s), MARIALA94ARINQONE or the entity upon behalf of which the person(s) acted, CanTr6don#1088169 executed the instrument. "WWmg9cw" ° MVCoffM WWI Feb192M0 WIT S my hand and )al seal. PM Signat of b is OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: (!M4"Y Document Date: �(���9i� Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer s) Signer's Name: Signer's Name: ElIndividual 6L /0 � � ❑ Individual 1-Corporate Officers ❑ Corporate Officer ' Title(s): V E Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator 1 I`.- ii ❑ Other: Top of thumb here ❑ Other: Top of thumb here Si er 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 EXHIBIT A-1 REQUEST FOR CONSENT TO SALE OF PROPERTY DEVELOPMENT AGREEMENT NO. 90-1 HOLLY SEACLIFF AREA Date: July 29, 1996 Property Location: West of Goldenwest Street, South of Garfield Avenue Property Address: No current address Assessor's Parcel No(s).: por. 023-181-35 & por. 110-232-02 Legal Description: Lots 1-25 and Lots A-D of Tract 15034 Lots 1-52 and Lots A-D of Tract 15035 Lots 1-38 and Lots A-E of Tract 15036 Lots 1-5, 17-22 and Lots A-C of Tract 15037 Acreage: approx. 34.1 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: Lennar Homes of California, Inc. Address: 23333 Avenida La Caza City/ST/Zip: Coto de Caza, CA, 92679 Telephone: (714) 589-2900 Contact: Jonathan M. Jaffe Existing Use of Property: Vacant Residential Intended Use of Property: 126 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. 14700R March 12, 1996 Conditional Use Permit No. 93-39R March 12, 1996 Coastal Development Permit No. 93-23 March 12, 1996 CONSENT TO SALE APPROVED BY: Signature: Name: Title: Date: Attachments: Exhibits B-D for attachment to Certificate of Consent D 11 VT#SNIN3d w Inp OWN 'ON 13YH1 3A(1Y1N31 .„....r.,x.„ •••^'n • �•+w„+� I a alo �� •••>.. Iw.r l/ r S31YI�OSS pp Im. OR 3SYNd � Na071Y� 4 3SH W3 JIM J917d3S •xw.l'llta r I! t f R;a LM�R I„ IN I UK It I.-fit•„ NA I p /' • r1 . 35!lnOJ!l0'J K��II11 3Sunoo JWD jinam pq r .f-. , r'1 '1 l 'I lI I r . ( t 1 Ir r \l� � •r�rr rlwjalrgR�l lr 'a !J r!%r/v,r `�`dR?^B / MIN K—I r a�r I_ „ wi• ,\/i/r��l w/f, i y'• II EXHIBIT "B" CLARIFICATION OF DEVELOPMENT AGREEMENT 90-1 RIGHTS,DUTIES& OBLIGATIONS BETWEEN PLC (SELLER)AND LENNAR HOMES OF CALIFORNIA,INC. (BUYER) FOR BEL AIRE RESIDENTIAL PROJECT(PROPERTY) Section 2.2.1; Linear Park. Seller responsible for all park dedications required by the Agreement. The City applied 2.34 acres of dedication credits prior to approving Final Tract Map Nos. 15034, 15035, 15036 and 15037(see attached Exhibit C;memos dated March 28&April 11, 1996). Seller may assign 2.16 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$174,525 in traffic impact fee credits to Buyer for this property(see attached Exhibit D; letters dated April 29, 1996). 2.2.4(g); 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 flh 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$302,400 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. 2.2.9(b); The Property will remain subject to all provisions of the Holly Seacliff Specific Plan. Section 2.2.10, Fees,with the following clarifications: 2.2.10(a),(b), (c), M, (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. 07-30-96 03:04.4.M POI EXHIBIT C AM CITY OF HUNTINGTON BEACH UID INTER-DEPARTMENT COMMUNICATION HWMNGTON REACH l TO: DAN VILLELLA CITY TREASURER FROM: MELANIF FALLON CO MMT MTY DEVELOPMENT DIRECTOR DATE: MARCH 28, 1996 SUBJECT: PARK AND RECREATION REQUIREMENTS FOR TRACTS 15034, 15035 and 15036 Pacific Coast Homes has requested to apply the previous parkland credit of 30.7E acres to satisfy the Park and Recreation requirements for Tracts 15034, 15035 and 15036. The uae of parkland credit can be summarized as follows: PREVIOUS LAND CREDIT 30.76 AC Parkland 1 icon R q lru etneptg: TRACT 15034(Portion of Bel Aire) . 0.43 AC TRACT 15035 (Portion of Bel Aire) 0.89 AC TRACT 15036(Portion of Del Aire) 0.65 AC Total 1.97 AC SURPLUS LAND CUDIT 28.79 AC Huntington Beach Co./Pacific.Coast Homes will retain a parkland credit of 28.79 acres for future Park/Recreation requirements. cc: Bill Holman, Pacific Coast Homes Valaya Hull, Senior Acco=ant Howard Zelefsky,Planning Director H.B.Parks File(Mary Beth Broeren) PECITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: DAN VILLELLA CITY TREASURER FROM: MELANIE FALLON COMMUNITY DEVELOPMENT DIRECTOR DATE: APRIL 11, 1996 SUBJECT: PARK AND RECREATION REQUIREMENTS FOR TRACTS 15037, 15081-15086 Pacific Coast Homes has requested to apply the previous parkland credit of 28.79 acres to satisfy the Park and Recreation requirements for Tracts 15037 and 15081 through 15086. The use of parkland credit can be summarized as follows: PREVIOUS LAND CREDIT 28.79 AC Parkland Dedication Requirements: TRACT 15037 (Portion of Bel Aire) 22 LOT25, = 0.38 AC !I LOV9 O.IQ At TRACT 15081 (Portion of Hillcrest) 0.74 AC TRACT 15082 (Portion of Hillcrest) 0.50 AC TRACT 15083 (Portion of Hillcrest) 0.51 AC TRACT 15084 (Portion of Hillcrest) 0.26 AC TRACT 15085 (Portion of Hillcrest) 0.43 AC TRACT 15086 (Portion of Hillcrest) 0.46 AC Total 3.28 AC SURPLUS LAND CREDIT 25.51 AC Huntington Beach Co./Pacific Coast Homes will retain a parkland credit of 25.51 acres for future Park/Recreation requirements. cc: Bill Holman, Pacific Coast Homes Valaya Hull, Senior Accountant Howard Zelefsky, Planning Director H.B. Parks File (Mary Beth Broeren) EXHIBIT '• '� CITY OF HUNTINGTON 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 Date: April 29, 1996 Mr. William Holman Pacific Coast Homes 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Subject: Bond & Fee Amounts-Tract No.15034 (Belaire) Dear Mr. Holman: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 6,500.00 Improvement (faithful performance) $ 839,570.00 Improvement (labor and materials) $ 419,785.00 Guarantee & Warranty (not due until Tract release) $ 83,957.00 Fees Sewer 9.728 acres @ $ 700.00 $ 6,809.60 Water Connection Inspection 48 connections @ $ 150.00 $ 7,200.00 Engineering & inspection $1,182,233 @ 8% $ 94,578.64 Construction Water 31 services @ $ 72.00 $ 2,232.00 $12 sevice/month (6 month minimum) O.C.S.D. Sewer 25 units @ $ 2,350.00 $ 58,750.00 Traffic Impact Fee 231 tri s @ $ 150.00 $ 34,650.00• (due prior to certificate of occupancy) Trxt Fee Letter 0018417.01 Page 1 w CITY OF HUNTINGTON 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 E Les M. Jones II Public Works Department Director (714) 536-5431 Date: Mac 6, 1996 Mr. William Holman Pacific Coast Homes 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Subject: Bond & Fee Amounts-Tract No.15035 (Belaire) (revised) Dear Mr. Holman: The follov ng are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 13,750.00 Improvement (faithful performance) $ 192,600.00 Improvement (labor and materials) $ 96,300.00 Guarantee & Warranty (not due until Tract release) $ 19,260.00 Fees Sewer 11.081 acres @ $ 700.00 $ 7,756.70 Water Connection Inspection 57 connections @ $ 150.00 $ 8,550.00 Engineering & inspection $614,302 @ 8% $ 49,144.16 Construction Water 52 units @ $ 72.00 $ 3,744.00 $12 unit/month (6 month minimum) O.C.S.D. Sewer 52 units @ $ 2,350.00 $ 122,200.00 Traffic Impact Fee 480 trips @ $ 150.00 72 000.00 (due prior to certificate of occupancy) 0018434.01 Page 1 • �'• '� CITY OF HUNTINGTON BEACH 2 0 0 0 Main Street P . 0 . B o x 1 9 0 C a l i f o r n i a 9 2 6 4 8 Les M. Jones II Public Works Department Director (714) 536-5431 Date: April 29, 1996 Mr. William Holman Pacific Coast Homes 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Subject: Bond & Fee Amounts-Tract No.15036 (Belaire) Dear Mr. Holman: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 10,250.00 Improvement (faithful performance) $ 165,700.00 Improvement (labor and materials) $ 82,850.00 Guarantee & Warranty (not due until.Tract release) $ 16,570.00 Fees Sewer ✓8.417 acres @ $ 700.00 $ 5,891.90 Water Connection Inspection 43 connections @ $ 150.00 $ 6,450.00 Engineering & inspection $470,295 @ 8% $ 37,623.60 Construction Water 38 units @ $ 72.00 $ 2,736.00 $12 unit/month (6 month minimum) O.C.S.D. Sewer 38 units @ $ 2,350.00 $ 89,300.00 Traffic Impact Fee 351 trips @ $ 150.00 52 650.00 (due prior to certificate of occupancy) 0015440.01 Page 1 CITY OF HUNTINGTON 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 Date: April 26, 1996 Mr. William Holman Pacific Coast Homes 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Pam(A ire Subject: Bond & Fee Amounts-Tract No.15037 (Hillcrest) Dear Air. Holman: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 5,500.00 Improvement (faithful performance) $ 214,250.00 Improvement (labor and materials) $ 107,125.00 Guarantee & Warranty (not due until Tract release) $ 21,425.00 Fees Sewer 7.401 acres @ $ 700.00 $ 5,180.70 Water Connection Inspection 27 connections @ $ 150.00 $ 4,050.00 Engineering & inspection $648,766 @ 8% $ 51,901.28 Construction Water 23 services @ $ 72.00 $ 1,656.00 $12 service/month (6 month minimum) O.C.S.D. Sewer 22 units @ $ 2,350.00 $ 51,700.00 Traffic Impact Fee 203 trips @ $ 150.00 $ 30,450.00 (due prior to certificate of occupancyt'5'?'z5'Oo 0018444.01 Page 1 Recording requested by, and when recorded, mail to: --- Recorded in the County of Orange, California City of Huntington Beach Gary L. Granville, Clerk/Recorder 2000 Main Street IIII II I I I II IIIIIII III IIII IIIIIIIIII II III No Fee Huntington Beach, CA 92648 19960649861 1 ;49pt 12/26/96 Attn: City Clerk 005 25001859 25 54 C34 15 7.00 42.00 0.00 0.00 0.00 0.00 _CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND %T THE ASSUMPTION OF RIGHTS,DUTIES AND OBLIGATIONS 5 P BY AND BETWEEN THE CITY OF HUNTINGTON BEACH. 2 TAYLOR WOODROW HOMES CALIFORNIA,LTD., AND PLC �F 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 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 Taylor Woodrow Homes California, Ltd., 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 Tax-Exempt-Govern ment Agen This document is solely for the CITY OF HUNTINGTON BEAU official business of the City 4\s:G:(4)96Agree:Consent5 Connie Brockway, CMC of Hunt r t.on £aach, as contem- RLS#96-622&96-625 10/24/96 City Clerk plate-1 Government Code By: Sec. 6103 and should be recorded putt' City Clerk free of charge. V 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; 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. 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: Memorandum from Melanie Fallon to Dan Villela regarding Fees. D: Traffic Impact Fees applicable to Project. 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 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 in Paragraph 6 below. 2 4\s:G:(4)96Agree:Cons ent5 RLS#96-622&96-625 10/24/96 6. COMPLETION OF STREET IMPROVEMENT No final inspection shall be approved for units in Brentwood until Bel Aire Lane between Garfield Avenue and Forester Drive is fully improved and open andSummit Drive is improved to connect with existing Clay Avenue between Bel Aire Lane and Goldenwest Street. 7. _LIBRARY DEVELOPMENT FEE The Buyer shall pay the Library Development Fee pursuant to Huntington Beach City Council Resolution 96-71 for all building permits applied for after November 3, 1996. BUYER CITY: TAYLO WOODR ES CITY OF HUNTINGTON BEACH CALIF0 IA LT a California municipal corporation by: ��c—�—�- Name: Richard E. Pope Mayor Title: President ATTEST: by: Name: A fredo F. Ayuya Title: Assistant Secretary City Clerk APPROVED AS TO FORM: INITIATED AND APPROVED: � c J City Attorney v�I q 6 Director of Commumty Development s_y b uI�,�9= r-� REVIEWED ,APPROVED: ity Administrator SIGNATURES CONTINUED ON FOLLOWING PAGE 3 4\s:G:(4)96Agree:Consent5 RLS#96-622&96-625 10/24/96 •CALIFORNIA ALL-PURPE ACKNOWLEDGMENT • State of l Q County of On before me, (A&tea kj5r4"t le[ -( 1�k� , Date Name and Title of Officer(e.g.,"Jane Doe tary Public") personally appeared owe_ SL L a(a v-v aK C6VL- -A Name(s)of Signer(s) personally known to me— to be the personas whose nam (e Wo subscribed to the within instrument and acknowledged to me that4 executed the same in h * authorized capaci )es ,and that by hisei ignatureo on the instrument the persorqD LAURA A.NELSON or the entity upon behalf of which the persoro acted, C0mrrblon#106&63 Z executed the instrument. Notary PUD&—COlfomia ORANGE COUMY My Comm.EvpresJu123.1999 WITNESS m d 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 p /� _- ��" L Title or Type of Document: ��t�t�A,�'�. 04 C �. � (T �r war t y—�CW� Document Date:I f 4 ( �U Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: �4�y� zS �� 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 [ onservator Other: Top of thumb here 'Other: Top of thumb here Signer Is Representing: Signer Is Representing: � I�,�.� �►(�� Cam., � l�.-I�i�1�. 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 DEVELOPER: by: T/L Huntington Beach, L.L.C. PLC, a California General Partnership a Delaware limited liability company (comprised of PLC Holdings, a California (general partner of PLC) general partnership; and T/L Huntington Beach L.L.C., a Delaware limited liability company) by: Lennar Huntington Beach, Inc. a California corporation(managing by: PLC Holdings, a California general member of T/L untington Beach partnership (general partner of PLC) L.L.C.) By: Paclaco, Inc., a California corporation By: (general partner of PLC Holdings) Name M. J4wt, Title: G� (�we�tc� t- By: 07— Name: Z iyad Abdul j awad By: Title: President Name: IP,fESa� Toi;ki©r\ 61/111-t Title:By: � Name: Christopher C. Gibbs Title: Secretary } STATE OF CALIFQPNIA }ss. T COUNTY OF/7 } � E On .�S /SfG before me, 1C d/S 0 4) personally appeared 1= a l STa PWem c! personally known to me (e"weved U E t be the person(s)whose name(s) 'mt are ubscribed to the within instrument and acknowledged to me that kele hey xecuted the same in their authorized capacity(ies), • and that by their gnature(s) on the instrument th er on s) or the enti upon behalf of which the person(s)acted,executed the instrument. ROBERTA M. KERN I o a c ommissloN#977541 Notary Public Calilomia COMY WITNE my hand nd official seal. _ CommORANission ion Expir" c . . Novaribar 8, 1ti86 r�i Signatur (This area for official notarial seal) 4 4\s:G:(4)96Agmc:Consent5 RLS#96-622&96-625 10/24/96 CALIFORNIA ALL-PURPRE ACKNOWLEDGMENT State of ez�/ County of On & before me, D _ Name and TlthLof Officer(e. "Jane ,Notary P is") personally appeared 1 X4 Ld , Name(s)of S' ner(s) sonally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Ware subscribed to the within instrument and acknowledged to me that-f o4he/they executed the same in h+s hw/their authorized capacity(ies),and that by MICiEIE It LEONDR hisMer/their signature(s)on the instrument the person(s), COMM.+iXwm or the entity upon behalf of which the person(s) acted, NotO1Y P" —Cdmowft executed the instrument. ORANGE COUNTY My Comm.Expires JUN 4.1"9 WITN S my h fficial al. c net of otary Public OPTI L Though the information below is not required by law,it may prove valuable to P ons 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: 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: 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-PURPOSE ACKNOWLEDGMENT State of CA(.1(rC2/Ui4q County of C)2Af�C- On IN)6J Q 1 , e�k -before me,M/)(`W lqi�Ap.Q ctM)l.',E _►�c��2���.11o�IC ,. Date Name and Title of Officer(e.g.,"Jane Doe,Notary-flObW)l personally appeared , 1 : aA Lam.Jame(s)of Signer(s) personally known to me— to be the person(s) whose name(s)*/are subscribed to the within instrument and acknowledged to me that /they executed the same in /their authorized capacity(ies), and that by MAMAINAMNfC M ter/their signature(s)on the instrument the person(s), Canes#1=159 2 or the entity upon behalf of which the person(s) acted, NotwFublc-10101190n'o ; executed the instrument. OMWCMW 410WcWM80ftF9b19.=0j TNESS my hand an is seal. e of Notary bl 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: 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 I` ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ 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 Tall-Free 1-800-876-6827 EXHIBIT A-1 REQUEST FOR CONSENT TO SALE OF PROPERTY DEVELOPMENT AGREEMENT NO. 90-1 HOLLY SEACLIFF AREA Date: August 20, 1996 Property Location: West of Goidenwest Street, South of Garfield Avenue Property Address: No current address Assessor's Parcel No(s).: pors. 023-181-35 & 159-432-03 Legal Description: Lots 1-31and Lots A-E of Tract 15087 Lots 1-38 and Lots A-F of Tract 15088 Lots 1-14 and Lots A-F of Tract 14700 Acreage: approx. 22.9 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: Taylor Woodrow Homes California, Ltd. Address: 24461 Ridge Route Drive _ City/ST/Zip: Laguna Hills, CA 92653-1686 Telephone: (714) 581-2626 Contact: Tom Redwitz Existing Use of Property: Vacant Residential Intended Use of Property: 83 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. 14700R March 12, 1996 Conditional Use Permit No. 93-39R March 12, 1996 Coastal Development Permit No. 93-23 March 12, 1996 • CONSENT TO SALE APPROVED BY: Signature: Name: Title: Date: Attachments: Exhibits B-D for attachment to Certificate of Consent 11 ' / r I �M 11��/� / ..+_ �"\N).1.,I IY Y�• tBl ,/ ll��n.,yiY.rr1 A�a4�1j/' �+. �a?' all a�ll�N a�N 11 Yl' J � • C--''���Y��i,IA/'"lS`((' K ti /a I J• ( ,,..� 1 �.1.1.. /a ' 1 / !11 V} tIj AK SEACLIFF + Y N Y\ � u1X�'a H GOLF COURSE `j a�a •y - -IIII�YIn SEACUFF OW COURSE H r J \\11a ( 1 yk�/ •t l\�J e ,I ay�Y.• n u\, N r 'l..++ YI r. r _ '��J�{,�\` u }j� 1 !F a 1 Y 71 i I a\ 1 a NYa lLtt1:i•,IIY S SEACLIFT COIF COURSE OLDEN � _ SSOCIATES MUSE MAP �u FOR .'mi i TENTATIVE TRACT NO. 14700 Nu 0 PENINSELA 11 1 EXHIBIT "B" CLARIFICATION OF DEVELOPMENT AGREEMENT 90-1 RIGHTS,DUTIES &OBLIGATIONS BETWEEN PLC(SELLER) AND TAYLOR WOODROW HOMES CALIFORNIA,LTD. (BUYER) FOR BRENTWOOD RESIDENTIAL PROJECT(PROPERTY) Section 2.2.1,Linear Park. Seller responsible for all park dedications required by the Agreement. The City applied 1.42 acres of dedication credits prior to approving Final Tract Map Nos. 15087, 15088 and 14700(see attached Exhibit C;memo dated August 1, 1996). Seller may assign 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$114,900 in traffic impact fee credits to Buyer for this property(see attached Exhibit D; letters dated July 30, 1996). 2.2.4(g);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 f 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,Draina a 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$199,200 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 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(13 moderate income units)in accordance with the Holly Seacliff Specific Plan Affordable Housing Plan for SeacliffPartners' 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),(fl, (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. 2.2.10(h);Traffic Impact Fees,refer to 2.2.4(f)above. EXHIBIT C PECITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUMINGTON BEACH TO: SHARI FREIDENRICH. CITY TREASURER FROM: MELANIE FALLON 14er— . COMMUNITY DEVELOPMENT DIRECTOR DATE: AUGUST 1, 1996 SUBJECT: PARK AND RECREATION REQUIREMENTS FOR TRACTS 15087, 15088 AND 14700 PLC has requested to apply the previous parkland credit of 25.51 acres to satisfy the Park and Recreation requirements for Tracts 15087, 15088 and 14700. The use of parkland credit can be summarized as follows: PREVIOUS LAND CREDIT 25.51 AC Parkland Dedication Requirements: TRACT 15087 (Portion of Brentwood) 0.53 AC TRACT 15088 (Portion of Brentwood) 0.65 AC TRACT 14700 (Portion of Brentwood) 0.24 AC Total 1.42 AC SURPLUS LAND CREDIT 24.09 AC PLC will retain a parkland credit of 24.09 acres for future Park/Recreation requirements. cc: Bill Holman, PLC Valaya Hull, Senior Accountant Howard Zelefsky,Planning Director H.B. Parks File (Mary Beth Broeren) 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 Date: July 30, 1996 Mr. William Holman PLC Land Company 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Subject: Bond & Fee Amounts- Tract No. 15087 Brentwood Dear Mr. Holman: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 7,750.00 Improvement (faithful performance) $ 136,440.00 Improvement (labor and materials) $ 68,220.00 Guarantee & Warranty (not due until Tract release) $ 13,644.00 Fees Sewer 7.471 _acres @ $ 700.00 $ 5,229.70 Water Connection Inspection 36 connections @ $ 150.00 $ 5,400.00 Engineering & inspection $394,065 @ 8% $ 31,525:18 Construction Water 31 services @ $ 72.00 $ 2,232.00 $12 service/month (6 month minimum) O.C.S.D. Sewer 31 units @ $ 2,350.00 $ 72,850.00 Traffic Impact Fee 286 trips @ $ 150.00 $ 42,900.00 (due prior to certificate of occupancy) 0020280.01 Page 1 CITY OF HUNTINGTON BEACH ' f 2000 MAIN STREET P. O. BOX 190 CALIFORNIA 92648 Public Works Department (714) 536-5431 Date: July 30, 1996 Mr. William Holman PLC Land Company 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Subject: Bond & Fee Amounts- Tract No. 14700 Brentwood Dear Mr. Holman: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 3,500.00 Improvement (faithful performance) $ 850,510.00 Improvement (labor and materials) $ 425,255.00 Guarantee & Warranty (not due until Tract release) $ 85,051.00 Fees Sewer 6.911 acres @ $ 700.00 $ 4,837.70 Water Connection Inspection 21 connections @ $ . 150.00 $ 3,150.00 Engineering& inspection $996,S62 @ 8% $ 79,708.96 Construction Water 15 services @ $ 72.00 $ 1,080.00 $12 service/month (6 month minimum) O.C.S.D. Sewer 14 units @ $ 2,350.00 $ 32,900.00 Traffic Impact Fee 129 trips @ $ 150.00 $ 19,350.00 (due prior to certificate of occupancy). 0020281.01 Pagel '• '� CITY OF HUNTINGTON BEACH 2000 Main Street P .'O . Box 190 California 92648 Les M. Jones II Public Works Department Director (714) 536-5431 Date: July 30, 1996 Mr. William Holman PLC Land Company 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Subject: Bond & Fee Amounts- Tract 15088 Brentwood Dear Mr. Holman: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 9,500.00 Improvement (faithful performance) $ 150,720.00 Improvement (labor and materials) $ 75,360.00 Guarantee & Warranty (not due until Tract release) $ 15,072.00 Fees Sewer 8.508 acres @ $ 700.00 $ 5,955.60 Water Connection Inspection 43 connections @ $ 150.00 $ 6,450.00 Engineering & inspection $430,157 @ 8% $ 34,412.56 Construction Water 38 services @ $ 72.00 $ 2,736.00 $12 service/month (6 month minimum) O.C.S.D. Sewer 38 units @ $ 2,350.00 89,300.00 Traffic Impact Fee 351 tri s @ $' 150.00 $ 52 650.00 (due prior to certificate of occupancy) 0020279.01 Page 1 N / *Vic. C,�7�� Y`i'Zac,� /C �' ��.� 1-0 & Recording requested by, and when recorded, mail to: Recoarded in the County of Orange, California IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUIIIIIIIIIIIII clerk/Recorder Neer City of Huntington Beach 11111�I1 IYY Fee 2000 Main Street 19960649338 11; 16am 12/26/96 Huntington Beach, CA 92648 005 25001858 25 54 Attn: City Clerk C34 15 7.00 42.00 0.00 0.00 0.00 0.00 C.A5Uf43Vt `D C OPY Not Compared with OdOnal CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND THE ASSUMPTION OF RIGHTS. DUTIES AND OBLIGATIONS BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, PO YQj& COMMUNITIES INC 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 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 Polygon Communities, Inc., 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 Tax. (cc11:-e:L is s:,l.e? - for the x•Fxempt-Government Agency CITY OF HUN �eBC)/ e i' Lhe Ci L 4\s:G:(4)96Agree:Consent TINGTON BEACH eA� , �� Conte�— RLS#96-632 C pie Brockway, CMC 10/24/96 ( tat,,.: _sh'ur Code ity Ci r sec. 6iO3 and should be recorded- By. frse of charge. i r 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; NOW, THEREFORE, the City, Developer and Buyer do hereby agree and acknowledge as follows: I. 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. 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: Memorandum from Melanie Fallon to Dan Villela regarding Fees. D: Traffic Impact Fees applicable to Project. 5. RELEASE OF DEVEL PER 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 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 in Paragraph 6 below. 2 4\s:G:(4)96Agree:Consent7 RLS 4 96-632 10/24/96 6. COMPLETION OF STREET IMPROVEMENTS No final inspection shall be approved for units in Hillcrest until Bel Aire Lane between Garfield Avenue and Forester Drive is fully improved and open and Summit Drive is improved to connect with existing Clay Avenue between Bel Aire Lane and Goldenwest Street. 7. LIBRARY DEVELOPMENT FEE The Buyer shall pay the Library Development Fee pursuant to Huntington Beach City Council Resolution No. 96-71 for all building permits applied for after November 3, 1996. BUYER: CITY: POLYGON COMMUNITIES, INC. CITY OF HUNTINGTON BEACH a California corporat' a California municipal corporation Y� Name: R. Lawrence Olin Mayor Title: esid t ATTEST: by: Name: eg R. Petersen ' Title: VP CFO City Clerk APPROVED AS TO FORM: INITIATED AND APPROVED: "ZZ"Z,� 72XX.,�- Ci�ty1Attorney p� IVIt'i If I- Director of Commil Development ��� �� [�'�a 1A6 REVIEWED APPROVED: rty Administrator SIGNATURES CONTINUED ON FOLLOWING PAGE 3 4\s:G:(4)96Agree:Consent? RLS#96-632 10/24/96 CALIFORNIA ALL-PURPOR ACKNOWLEDGMENT State of County of On Z2)l ci q 6 before me, L-LY-t'- , ods e7.1 Date LL Name and Title of Officer(e.g.,"Jane " Doe,Notary Pub' personally appeared 'J� ,� ���' L� � i�'v Name(s)of Signer(s) personally known to me— pfoyed atisfactoKy evidence to be the person( whose name+s/®r_,subscribed to the within instrument and acknowledged to me that-heishet!q�executed the same in *,Yhecq it authorized capacit es ,and that by IAURAA.NELSON his/her/their signatures on the instrument the persorps Commission#10W63 z or the entity upon behalf of which the person&acted, ary r Not p�1a—califomia z ORANGE COUNTY executed the instrument. Aify Comm.Expires Jul 23,1999 WITNESS and 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:_��I �7-� Number of Pages: Signer(s) Other Than Named Above: �e-r-a! � Capacity(ies) Claimed by Signer(s) Signer's Name: �G�U f �` ��"` 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 Q Conservator ❑ Guardia or.Cons rvator '- �Ather: y ,1 Top of thumb here Other: �, Top of thumb here Signer Is Representing: Signer Is Representing: 12 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 DEVELOPER: by: T/L Huntington Beach, L.L.C. PLC, a California General Partnership a Delaware limited liability company (comprised of PLC Holdings, a California (general partner of PLC) general partnership; and T/L Huntington Beach L.L.C., a Delaware limited liability company) by: Lennar Huntington Beach, Inc. a California corporation(managing by: PLC Holdings, a California general member of T/L untington Beach partnership (general partner of PLC) L.L.C.) By: Paclaco, Inc., a California corporation by: (general partner of PLC Holdings) Name: an i Ka It �`j �e Title: t c i d�rtt by: '��I Name: Ziyad Abduljawad by: Title: President Name: 'Tti-4vtisa- 1�lYl�oY. Title: by: Name: Christopher C. Gibbs Title: Secretary STATE OF CALIFOFIIA } COUNTY OF C` }ss. E On } /SSG before me, L+ F personally appeared /y aOlcL:pCL -T 00 �Nb E a , t personally known to me (or-�y� LL instrument and acknowledged to me that to be the person(s)whose name(s) i are bscribed to the within eY ecuted the same in piy� c) P and that by thei gnature(s) on the instrument the erson s r uthorized ca aci ty(ies), Person(s)acted, executed the instrument. or the entity upon behalf of which the a •' ROBERTA M. KERN WITNESS my h nd and official seal. Oa # 7 cl o Oyico Cal7o5m4iaSignature RiNGE 1�IiNTY NOV E)Ores -A RLS#go-co, (This area for official notarial seal) 10/24/96 L } STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE } On November 11 , 1996 before me, Charlotte L. Baxter personally appeared R. Lawrence Olin and Greg R. Petersen personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS y hand nd al seal ;! Sig ature (This area for official notarial seal) CHARLOTTE L.BAXTER Y COMM.#1058533 Notary Public—Califomia %. ORANGE COUNTY My Comm.Expires MAY 10.1999 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of (' !9(A FoQA))tq i County of �DA [; AaL On t`6ikx`-tr1elL �, I��lin before me,PAA(ZIA1AIf lA kiNSZrJi✓ K)(�AP,I.f D(Ahic Date Name and Tiff Officer(e.g.,"ane Notary P c") personally appeared l` UV Name(s)of Signer(s) personally known to me—OR—— P1 to be the person(s) whose name(s)W/are subscribed to the within instrument and acknowledged to me that lie/they executed the same in f /their authorized capacity(ies),and that by ) lr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, �t=�RINTONE executed the instrument. 88159 ,-A NotarvPublo—Cafforrik3 W ESS my hand an is sea. Orange county r My Comm Expires Feb 19.MM ( — z Signa ary P bli I PTIONAL 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: Signer's Name: f 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 0 ❑ Guardian or Conservator — Other: Top of thumb here ❑ Other: Top of thumb here f C � Signer Is Representing: Signer Is Representing: 9: �I i I ©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 EXHIBIT A-1 REQUEST FOR CONSENT TO SALE OF PROPERTY DEVELOPMENT AGREEMENT NO. 90-1 HOLLY SEACLIFF AREA Date: August 20, 1996 Property Location: West of Goldenwest Street, South of Garfield Avenue Property Address: No current address Assessors Parcel No(s).: por. 023-181-35 Legal Description: Lots 6-16 of Tract 15037 Lots 1-43 and Lots A-B of Tract 15081 Lots 1-25 and Lots A-D of Tract 15085 Acreage: approx. 24.0 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: Polygon Communities, Inc. Address: 15751 Rockfield Boulevard, Suite 120 City/ST/Zip: Irvine, CA 92718 Telephone: (714) 452-0600 Contact: R. Lawrence Olin Existing Use of Property: Vacant Residential Intended Use of Property: 79 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) ApH120, 1992 Tentative Tract Map No. 14700R March 12, 1996 Conditional Use Permit No. 93-39R March 12, 1996 Coastal Development Permit No. 93-23 March 12, 1996 CONSENT TO SALE APPROVED BY: Signature: Name: Title: Date: Attachments: Exhibits B-D for attachment to Certificate of Consent _ 1„'�.i'!� ray i •'. ,i�i .. a n�Pl- li;. n�a�u�x'alw al a,a IA L � r1, +; T t'a,,.T'>. .t r'iy7`_-,i"' `.� xri N�1p{{�{I '�.yi �157'•y��Y ;.`+ 11`r`'rill•�. �Jj w �I t�_ nir G�COURSE Ya,1 •Sa xtl',? I._ii.. GOLF COUR tz a I COIF COURSE IA � � N i �1 J -i M'YL,� 1 ML � y '1 , ✓�r a _ w r , a u l SEACLIff COIF COURSE 4%AIALJ)EN It PHASE MAP SSOCIAT r1..w. ES roR oa. .. TENTATIVE TRACT No. 11700 1 PENINSLLA 11 Y EXHIBIT "B" CLARIFICATION OF DEVELOPMENT AGREEMENT 90-1 RIGHTS,DUTIES & OBLIGATIONS BETWEEN PLC (SELLER)AND POLYGON COMMUNITIES (BUYER) FOR HILLCREST RESIDENTIAL PROJECT(PROPERTY) Section 2.2.1, Linear Park. Seller responsible for all park dedications required by the Agreement. The City applied 1.55 acres of dedication credits prior to approving Final Tract Map Nos. 15037, 15081 and 15085 (see attached Exhibit C; memo dated April 11, 1996). Seller may assign 1.36 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(fl; Seller will retain all traffic impact fee credits for Developer improvements. Seller intends to assign$109,425 in traffic impact fee credits to Buyer for this property(see attached Exhibit D; letters dated April 29, 1996). 2.2.4(z); 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 fl); 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$189,600 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 6e 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(12 moderate income units) in accordance with the Holly Seacliff Specific Plan Affordable Housing Plan for Seacliff Partners' Properties, dated February 28, 1994, 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. 2.2.10(h); Traffic Impact Fees,refer to 2.2.4(f)above. 0 • EXHIBIT C CITY OF HUNTINGTON BEACH [ell INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: DAN VILLELLA CITY TREASURER FROM: MELANIE FALLON CONRvfUNITY DEVELOPNIENT DIRECTOR DATE: APRIL 11, 1996 SUBJECT: PARK AND RECREATION REQUIREMENTS FOR TRACTS 15037, 15031-15086 Pacific Coast Homes has requested to apply the previous parkland credit of 28.79 acres to satisfy the Park and Recreation requirements for Tracts 15037 and 15081 through 15086. The use of parkland,credit can be summarized as follows: PREVIOUS LAND CREDIT 28.79 AC Parkland Dedication Requirements: TRACT 15037 (Portion of Bel Aire il dr-rce{' 2Z Loth = 0.38 AC 11 Lcr5l= O.i TRACT 15081 onion of Hillcrest 0.74 AC TRACT 15082 (Portion of Hillcrest) 0.50 AC TRACT 15083 (Portion of Hillcrest) 0.51 AC TRACT 15084 (Portion of Hillcrest 0.26 AC TRACT 15085 (Portion of Hillcrest) 0.43 AC D TRACT 15086 (Portion of Hillcrest) 0.46 AC -Total 3.28 AC SURPLUS LAND CREDIT • 25.51 AC Huntington Beach Co./Pacific Coast Homes will retain a parkland credit of 25.51 acres for future Park/Recreation requirements. cc: Bill Holman, Pacific Coast Homes Valaya Hull, Senior Accountant Howard Zelefsky, Planning Director H.B. Parks File (Mary Beth Broeren) EXHIBIT D �'• CITY OF HUNTINGTON BEACH 2 0 0 0 Main Street P . O . 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 Date: April 26, 1996 Mr. William Holman Pacific Coast Homes 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 > ( Arel Subject: Bond & Fee Amounts-Tract No.15037 (Hillcrest) Dear Mr. Holman: The following are the bond amounts and Public Works fees for the subject Tract: Bonds - Monument $ 5,500.00 Improvement (faithful performance) $ 214,250.00 Improvement (labor and materials) $ 107,125.00 Guarantee & Warranty (not due until Tract release) $ 21,425.00 Fees Sewer 7.401 acres @ $ 700.00 $ 5,180.70 Water Connection Inspection 27 connections @ $ 150.00 $ 4,050.00 Engineering & inspection $648,766 0 @ 8% $ 51,901.23 Construction Water 23 services @ $ 72.00 $ 1,656.00 $12 servicelmonth (6 month minimum) O.C.S.D. Sewer 22 units @ $ 2,350.00 $ 51,700.00 Traffic Impact Fee 203 trips @ $ 150.00 $ 30,450.00 (due prior to certificate of occupancy) 0018444.01 Page 1 CITY OF HUNTINGTON BEACH 2 0 0 0 Main Street P . O . Box 1 9 0 C a l i f o r n i a 9 2 6 4 8 Les M. Jones II Public Works Department Director (714) 536-5431 Date: April 29, 1996 Mr. William Holman Pacific Coast Homes 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Subject: Bond & Fee Amounts-Tract No.15081 (Hillcrest) Dear Mr. Holman: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 10,750.00 Improvement (faithful performance) $ 343,250.00 Improvement (labor and materials) $ 171,625.00 Guarantee & Warranty (not due until Tract release) $ 34,325.00 Fees Sewer 11.703 acres @ $ 700.00 $ 8,192.10 Water Connection Inspection 51 connections @ $ 150.00 $ 7,650.00 Engineering & inspection •$1,135,558 @ 8% $ 90,844.64 Construction Water 44 services @ $ 72.00 $ 3,168.00 $12 service/month (6 month minimum) O.C.S.D. Sewer 43 units @ $ 2,350.00 $ 101,050.00 Traffic Impact Fee 397 trips @ $ 150.00 $ 59,550.00 (due prior to certificate of occupancy) 0018445.01 Page 1 d - CITY OF HUNTINGTON BEACH 2 0 0 0 Main Street P . O . B o x 1 9 0 California 92 6 48 Les M. Jones 11 Public Works Department Director (714) 536-5431 Date: April 29, 1996 Mr. William Holman Pacific Coast Homes 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Subject: Bond & Fee Amounts-Tract No.15085 Millcrest) Dear Mr. Holman: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 6,250.00 Improvement (faithful performance) $ 151,170.00 Improvement (labor and materials) $ 75,585.00 Guarantee & Warranty (not due until Tract release) $ 15,117.00 Fees Sewer 8.627 acres @ $ 700.00 $ 6,038.90 Water Connection Inspection 33 connections @ $ 150.00 $ 4,950.00 Engineering & inspection $461,470 @ 8% $ 36,917.60 Construction Water 25 services @ $ 72.00 $ 1,800.00 $12 service/month (6 month minimum) O.C.S.D. Sewer 25 units @ $ 2,350.00 $ 58,750.00 Traffic Impact Fee 231 trips @ $ 150.00 $ 34,650.00 (due prior to certificate of occupancy) 0018467.01 Page 1 (J, C U. LklY�t' c L k,(A-, C. h Recording requested by, and county of orange, California when recorded, mail to: Recorded in the . Gary L. GranVIlie, cierk/Recorder City of Huntington Beach No Fee 2000 Main Street 19960649861 1 :49pm 12/26/96 005 25001859 25 54 Huntington Beach, CA 92648 C34 15 7.00 42.00 0.00 0.00 0.00 0.00 Attn: City Clerk GONFOR101ED COPY CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND THE ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS BY AND BETWEEN THE CITY OF HUNTINGTON BEACH TAYLOR WOODROW HOMES CALIFORNIA, LTD., 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 11, 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-I" and "A-2,"respectively, to Taylor Woodrow Homes California, Ltd., 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 Tax-Exem pt-Goverr neat Agen This document Is solely for the f4 CITY OF F1 Ll N71 NIGTO N BEACH Y 01 _4 al I y7Tjne5S of tjje Cit,7 4\s:G:(4)96Agree:Consent5 Connie Brockway, CmC of :.oil Foacl,,, "-)s contetn— RLS to 96-622&96-625 10/24/96 CILY Clerk v a r n:- C r,d e By: Sec. C10:5 and should be recorded L)4'PutY City Clerk free c.' charge. • i 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; NOW, THEREFORE,the City, Developer and Buyer do hereby agree and acknowledge as follows: I. 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. 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: Memorandum from Melanie Fallon to Dan Villela regarding Fees. D: Traffic Impact Fees applicable to Project. 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 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 in Paragraph 6 below. 2 4\s:G:(4)96Agree:Consent5 RLS#96-622&96-625 10/24/96 i 6. COMPLETION OF STREET IMPROVEMENTS No final inspection shall be approved for units in Brentwood until Bel Aire Lane between Garfield Avenue and Forester Drive is fully improved and open andSummit Drive is improved to connect with existing Clay Avenue between Bel Aire Lane and Goldenwest Street. 7. LIBRARY DEVELOPMENT FEE The Buyer shall pay the Library Development Fee pursuant to Huntington Beach City Council Resolution 96-71 for all building permits applied for after November 3, 1996. BUYE CITY: TAYL WOODR ES CITY OF HUNTINGTON BEACH CALIF IA LTD a California municipal corporation by: Name: Richard E. Pope Mayor Title: President ATTEST: by: Name: A fredo F. Ayuya Title: Assistant Secretary City Clerk APPROVED AS TO FORM: INITIATED AND APPROVED: City Attorney b(i� j q b Director of Community Development l� Iq1v+4� REVIEWED APPROVED: City Administrator SIGNATURES CONTINUED ON FOLLOWING PAGE 3 4\s:G:(4)96Agree:Consents RLS#96-622&96-625 10/24/96 CALIFORNIA ALL-PURPOVE ACKNOWLEDGMENT State of Z%lr�l Cl County off(,(-t On before me, 4_ f-1 AW�tM &'QkLaf ACVte, Date Name and Title of Officer(e.g.,"Jane Doe N tary Public") personally appeared 'biGL-yt-_ S� U t Czu N Name(s)of Signer(s) personally known to me-OR-H proved# tisfactory-evidence to be the person3s� whose namC as/go'subscribed to the within instrument and acknowledged to me that a executed the same in W authorized capaciii GRI and that by hei ignature so on the instrument the persoro LAURAA.NELSON or the entity upon behalf of which the persorw acted, r ComrrWW#1066263 Z executed the instrument. *,my NotaryPUD k—Cclfornla D ORANGE COUNTY comm.ExpiresJul23.1999 WITNESS m nd and official seal. I 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: Cam?6( t,}�.C-I C, t cc-l g4j �-- glee U (G'�':6� - �y WL_eL,42am Document Date: I` 4 IC1 Number of Pages: 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 40 ❑ Guardian or ponservator \,,k�Other: l -T _ Top of thumb here `Other: Top of thumb here Signer Is Representing: Signer Is�yRepresenting: 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 • DEVELOPER: by: T/L Huntington Beach, L.L.C. PLC, a California General Partnership a Delaware limited liability company (comprised of PLC Holdings, a California (general partner of PLC) general partnership; and T/L Huntington Beach L.L.C., a Delaware limited liability company) by: Lennar Huntington Beach, Inc. a California corporation(managing by: PLC Holdings, a California general member of T/L untington Beach partnership (general partner of PLC) L.L.C.) By: Paclaco, Inc., a California corporation By (general partner of PLC Holdings) NameA2_ M 4�£�Title: Name: ziyad Abduljawad By' �i Title: President Name: ,P,fE;a' IDIrkiOvx 041z— Name: Title: By: Christopher C. Gibbs Title: Secretary STATE OF c COUNTY OF LINIA } }ss. c On } J`D m before me, 1 Personally appeared Z III III ( SZj , c Q t c' S H personally known to ii instrument and o be the persons me laved acknowledged ( )whose name(s) are ubscribed to the within ged to me that k� and that by heY xecuted the same in h /their gnature s their authorized capacity(ies), ( ) on the instrument th er on s Person(s)acted, executed the instrument. ) or the entit upon behalf of which the WITNE rj 'S�, R08ERTq !y, KER o Y hand nd official seal. Not 'SSiOty#9 I m Not p 77S41N ,Z Signatur z ry Public t'atlfomia ` I ` MY Co��COUNTY Cj `R Novort7p Ex(p'raa -+ Ora RLS#96-622&go-vim., (This area for official notarial seal) 10/24/96 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of �! Yhr GCS County of v `'n (-"-e On aL/YM&v ��� before me, ' �'[ l� �S -a ,� Da / Name and Titlg.of Officer(e. Jane e,Notary Pu is") personally appeared Name(s)of S' ner(s) i 11 sonally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that-heishe/they executed the same in hisAw/their authorized capacity(ies),and that by MICHELE R.LEON08 hWher/their signature(s)on the instrument the person(s), M&A#1060886 or the entity upon behalf of which the person(s) acted, -` Notary P%AAe-CarlbMo executed the instrument. OPAN E COUNty My Comm.Expires JUN 4.1999 WITN S my h fficial seal. r rat a of otary Public OPT/ L Though the information below is not required by law,it may prove valuable to p ons 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: 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-PURPOSE ACKNOWLEDGMENT State of CIU J OZ/Ui�A i County of C-) 2AK)C7-6 On . N QAI'K Lu( 1 , before me,M/ 21Alaf Naa r) = Ct X4 OiW SC Date r` Name and Title of Officer(e.g.,"Jane Doe,Nota u ") personally appeared \" �L CJu 1� 1l Q/k� O t rTI"O ame(s)of Signer(s) 1 personally known to me— to be the person(s) whose name(s)+s/are subscribed to the within instrument and acknowledged to me that /they executed the same in hiker/their authorized capacity(ies), and that by /their signature(s) on the instrument the person(s), #leg MAWL or the entity upon behalf of which the person(s) acted, � +s NOGYP AC—Ca>i W" t executed the instrument. Oran9a Cam1Y ;I pfi►Comm'EON Feb l9'2m0 TNESS my hand an J I Icfal seal. e of Notary Tk bli r' 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: Signer's Name: i� ❑ Individual ❑ Individual ( ❑ Corporate Officer ❑ Corporate Officer i Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee (' El Guardian or Conservator `•• ❑ Guardian or Conservator '• � ❑ Other: Top of thumb here ❑ Other: Top of thumb here 1 1 Signer Is Representing: Signer Is Representing: ------------- i I ©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 EXHIBIT A-1 REQUEST FOR CONSENT TO SALE OF PROPERTY DEVELOPMENT AGREEMENT NO. 90-1 HOLLY SEACLIFF AREA Date: August 20, 1996 Property Location: West of Goldenwest Street, South of Garfield Avenue Property Address: No current address Assessor's Parcel No(s).: pors. 023-181-35 & 159-432-03 Legal Description: Lots 1-31and Lots A-E of Tract 15087 Lots 1-38 and Lots A-F of Tract 15088 Lots 1-14 and Lots A-F of Tract 14700 Acreage: approx. 22.9 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: Taylor Woodrow Homes California, Ltd. Address: 24461 Ridge Route Drive City/ST/Zip: Laguna Hills, CA 92653-1686 Telephone: (714) 581-2626 Contact: Tom Redwitz Existing Use of Property: Vacant Residential Intended Use of Property: 83 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. 1470OR March 12, 1996 Conditional Use Permit No. 93-39R March 12, 1996 Coastal Development Permit No. 93-23 March 12, 1996 • CONSENT TO SALE APPROVED BY: Signature: Name: Title: Date: Attachments: Exhibits B-D for attachment to Certificate of Consent l II i ,�. N. 1 a as ���TTTT�'V'-r�� '/_( J / • u�`/• A °'cu J. Q v Y 1 a.a �7p0..,1�i .�,� a a u a r y IJ' [I • u �-`J` �x H COto S COURSE - a IM n u\: .�a u'u1 I•a SEACL1fi .•. caf COURSE y J JJ Is �•7 7�j-1 � �1• 11 ra 11 :'1 •J�Y(la� ..�• Y`• a 11 a 111/Rj' • 1•\11 , 1 , Y_ ICY , Y 1� J--� J • ,�� �',\/�(•/ .a 1 �y�.'^ It y � 1 J _ P.(•�,`` it � is 1 0 11 �u� 1 a „1171 i[rl:rw' i SEACUFF OOLP COURSE . ——I 11NEMIs, I-M-ILIr ALUEN k 1...M.wl •• SDEN FS PHASE YAP FOR TENTATIVE TRACT NO. 14700 —1•"- PENINSI.LA 11 EXHIBIT "B" CLARIFICATION OF DEVELOPMENT AGREEMENT 90-1 RIGHTS, DUTIES &OBLIGATIONS BETWEEN PLC (SELLER) AND TAYLOR WOODROW HOMES CALIFORNIA,LTD. (BUYER) FOR BRENTWOOD RESIDENTIAL PROJECT(PROPERTY) Section 2.2.1; Linear Park. Seller responsible for all park dedications required by the Agreement. The City applied 1.42 acres of dedication credits prior to approving Final Tract Map Nos. 15087, 15088 and 14700 (see attached Exhibit C; memo dated August 1, 1996). Seller may assign 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 $114,900 in traffic impact fee credits to Buyer for this property(see attached Exhibit D; letters dated July 30, 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(Q); 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$199,200 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 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(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), (b), (c), (f), W, (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. 2.2.10(h); Traffic Impact Fees,refer to 2.2.4(f)above. EXHIBIT C �� , CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HI;NTINGTON BEACH TO: SHARI FREIDENRICH CITY TREASURER FROM: MELANIE FALLON 7 . CONDAUNITY DEVELOPMENT DIRECTOR DATE: AUGUST 1, 1996 SUBJECT: PARK AND RECREATION REQUIREMENTS FOR TRACTS 15087, 15088 AND 14700 PLC has requested to apply the previous parkland credit of 25.51 acres to satisfy the Park and Recreation requirements for Tracts 15087, 15088 and 14700. The use of parkland credit can be summarized as follows: PREVIOUS LAND CREDIT 25.51 AC Parkland Dedication Requirements: TRACT 15087 (Portion of Brentwood) 0.53 AC TRACT 15088 (Portion of Brentwood) 0.65 AC TRACT 14700 (Portion of Brentwood) 0.24 AC Total 1.42 AC SURPLUS LAND CREDIT 24.09 AC PLC will retain a parkland credit of 24.09 acres for future Park/Recreation requirements. cc: Bill Holman, PLC Valaya Hull, Senior Accountant Howard Zelefsky, Planning Director H.B. Parks File (Mary Beth Broeren) EXHIBIT D M CITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 190 California 92648 Les M. Jones II Public Works Department Director (714) 536-5431 Date: July 30, 1996 Mr. William Holman PLC Land Company 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Subject: Bond & Fee Amounts- Tract No. 15087 Brentwood Dear Mr. Holman: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 7,750.00 Improvement (faithful performance) $ 136,440.00 Improvement (labor and materials) $ 68,220.00 Guarantee & Warranty (not due until Tract release) $ 13,644.00 Fees Sewer 7.471 acres @ $ 700.00 $ 5,229.70 Water Connection Inspection 36 connections @ $ 150.00 $ 5,400.00 Engineering & inspection $394,065 @ 8% $ 31,52&.18 Construction Water 31 services @ $ 72.00 $ 2,232.00 $12 service/month (6 month minimum) O.C.S.D. Sewer 31 units @ $ 2,350.00 $ 72,850.00 Traffic Impact Fee 286 trips @ $ 150.00 $ 42,900.00 (due prior to certificate of occupancy) 0020280.01 Page 1 CITY OF HUNTINGTON BEACH 2 0 0 0 Main Street P . O . B o x 1 9 0 California 9 2 6 4 8 Les M. Jones 11 Public Works Department Director (714) 536-5431 Date: July 30, 1996 Mr. William Holman PLC Land Company 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Subject: Bond & Fee Amounts- Tract 15088 Brentwood Dear Mr. Holman: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 9,500.00 Improvement (faithful performance) $ 150,720.00 Improvement (labor and materials) $ 75,360.00 Guarantee & Warranty (not due until Tract release) $ 15,072.00 Fees Sewer 8.508 acres @ $ 700.00 $ 5,955.60 Water Connection Inspection 143 connections @ $ 150.00 $ 6,450.00 Engineering & inspection $430,157 @ 8% $ 34,412.56 Construction Water 38 services @ $ 72.00 $ 2,736.00 $12 service/month (6 month minimum) O.C.S.D. Sewer 38 units @ $ 2,350.00 $ 89,300.00 Traffic Impact Fee 351 trips @ $ 150.00 $ 52,650.00 (due prior to certificate of occupancy) 0020279.01 Page 1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Public Works Department (714) 536-5431 Date: July 30, 1996 Mr. William Holman PLC Land Company 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Subject: Bond & Fee Amounts- Tract No. 14700 Brentwood Dear Mr. Holman: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 3,500.00 Improvement (faithful performance) $ 850,510.00 Improvement (labor and materials) $ 425,255.00 Guarantee & Warranty (not due until Tract release) $ 85,051.00 Fees Sewer 6.911 acres @ $ 700.00 $ 4,837.70 Water Connection Inspection 21 connections @ $ , 150.00 $ 3,150.00 Engineering & inspection $996,S62 @ 8% $ 79,708.96 Construction Water 15 services @ $ 72.00 $ 1,080.00 $12 service/month (6 month minimum) O.C.S.D. Sewer 14 units @ $ 2,350.00 $ 32 900.00 Traffic Impact Fee 129 trips @ $ 150.00 $ 19,350.00 (due prior to certificate of occupancy) 0020281.01 Pagel Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder Recording requested by, and III I I I I I II II II I I I I II II I I II No Fee when recorded, mail to: 19960649339 11 : 16am 12/26/96 005 25001858 25 54 City of Huntington Beach C34 17 7.00 48.00 0.00 0.00 0.00 0.00 2000 Main Street Huntington Beach, CA 92648 Attn: City Clerk Copy G 01M IF 0 R ,b OrIgmal Not Gaxnpa(196 CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND THE ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS BY AND BETWEEN THE CITY OF HUNTINGTON BEACH LENNAR HOMES OF CALIFORNIA, INC.. 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 11, 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 Lennar Homes of California, Inc., 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 Tax-Exempt-Government Ager6 This document Is solely for the 4\s:G:(4)96Agree:Consent6 CITY OF HUNTINGTOl'4 BEACH Official bu,;J_neFs of the City RLS#96-561 C Brockway, Ct,IC of ilu,-, :-.ton is contem- 10/24/96 itY Clerk By: F (,-0, Code Sec recorded, 6103 and should be 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; 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. 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: Memorandum from Melanie Fallon to Dan Villela regarding Fees. D: Traffic Impact Fees applicable to Project. 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 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 in Paragraph 6 below. 2 4\s:G:(4)96Agree:Consent6 RLS#96-561 10/24/96 6. COMPLETION OF STREET IMPROVEMENTS No final inspection shall be approved for units in Bel Aire until Bel Aire Lane between Garfield Avenue and Forester Drive is fully improved and open and Summit Drive is improved to connect with existing Clay Avenue between Bel Aire Lane and Goldenwest Street. 7. LIBRARY DEVELOPMENT FEE The Buyer shall pay the Library Development Fee pursuant to Huntington Beach City Council Resolution 96-71 for all building permits applied for after November 3, 1996. BUYER: CITY: LENNAR HOM4 OF CALIFORNIA, INC. CITY OF HUNTINGTON BEACH a Californi o r io a California municipal corporation by: Name: o�u Mayor Title: C- 7 r'f�'tc�tj':V ATTEST: by: 1-r/\L, V P - t-" Name: ,tk, TID+�i�n Title: City Clerk APPROVED AS TO FORM: INITIATED AND APPROVED: City Attorney tplL-I/f C Director of Comm ity Development REVIEWED AND APPROVED: i� City Administrator SIGNATURES CONTINUED ON FOLLOWING PAGE 3 4\s:G:(4)96Agree:Consent6 RLS#96-561 10/24/96 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of i 'Y VGA County of On �C1�EVVt(2'tV 2�� (�1� beforeme, LOILL11-6- �- , )AJdsiA, Date Name and Title of Officer e.g.,'Jane Doe,Notary P is) personally appeared Name(s)of Signer(s) personally known to me- sis--a€satisfaetory,evidence to be the person whose named is/ to the within instrument and acknowledged to me that-Fiefsq�iey'executed the same in ' the authorized capacityr),and that by hisf ereq signatuRgs3on the instrument the persorWs , IAURAA.NELSON t or the entity upon behalf of which the person(g)acted, CofnmiWon#1066263 z executed the instrument. z .`� Notary Pt"ic—Califomia a ORANGE COUNTY My Comm.ExpiresJ1123.1999 WITNE y 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 11 p Title or Type of Document: Y ',& (�a1_Q-iL Document Date: I { `� I QLU Number of Pages: Signer(s) Other Than Named Above: . ti�ccu4- Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: T 1t LLIL ► C ❑ 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 r Conservator - - ❑ Guardia or, onservatpr - Other: Y Top of thumb here Other: Top of thumb here Signer Is Representing: Signer Is Representing. CcL� ti >�h� e� C� �- s, � ,�rLfi► �� � 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 DEVELOPER: by: T/L Huntington Beach, L.L.C. PLC, a California General Partnership a Delaware limited liability company (comprised of PLC Holdings, a California (general partner of PLC) general partnership; and T/L Huntington Beach L.L.C., a Delaware limited liability company) by: Lennar Huntington Beach, Inc. a California corporation(managing by: PLC Holdings, a California general member of T/L lifintington Beach partnership (general partner of PLC) L.L.C.) By: Paclaco, Inc., a California corporation By: (general partner of PLC Holdings) Name: D) Title: [,oe-14z-va- By: Name: Ziyad Abduljawad By: (� '✓IlC. 1`-ll Title: President Name: 71nere!- �Oi�n�G>1 Title: By: Name: Christopher C. Gibbs Title: Secretary } STATE OF CALIFO 1pIA }ss. COUNTY OF E ..P.On A'-t 25/57S6 before me, 0 m personally appeared F= Gi Ll�bF�L� C I�g personally known to me (aF-pfe"d to be the person(s)whose name(s) i are ,ubscribed to the within ii instrument and acknowledged to me that /the xecuted the same in /their uthorized capacity(ies), c and that by hi heir gnature(s) on the instrument t e r s r h nti i upon behalf of which the ROBERTA M. KERN person(s)acted,executed the instrument. a COMMISSION#977541 ]: Notary Public CaMomia a, ORANGE COUNTY 0 WITN my h d and official seal. My Commission Expires ao a November 8, 19% 0 Cl) Signature (This area for official notarial seal) 4 4\s:G:(4)96Agree:Consent6 RLS#96-561 10/24/96 i • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of � .� On JYf u1 At�x l . Gft before me,1 ' j Date Na and Title of Officer(e.g.,"Jane Do ,Notary P personally appeared me e(s)of Signer(s) [personally known to me-OR prov@d to to be the person(s) whose name(s) Ware subscribed to the within instrument � and acknowledged to me that /they executed the same in r/their authorized capacity(ies), and that by h /their signature(s)on the instrument the person(s), I MAMAIAINARINTONE or the entity upon behalf of which the person(s) acted, Corry*don#10"159 executed the instrument. -s Notary pogo—CCHOM o j orangeCo�r S my hand an icial seal. , My Comm.E�ires feb 19.20M Si lic PTIONAL ( 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. I I Description of Attached Document Title or Type of Document:rA�t C14a- (,v acloilAA1 Document Date: /a `Z!?1,7 �e Number of Pages: Signer(s) Other Than Named Above: 2, ( ,hc1, ,0,uA) G bh Capacity(ies) Claimed by Signer(s) Signer's Name: ,}} Signer's Name: 0. rvi� ❑ Individual ❑ Individual 1K Corporate Officers ❑ Corporate Officer Title(s): ✓� C La4+1,,A Title(s): 11 Partner— Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ( ❑ Trustee ❑ Trustee ❑ V19 ii Guardian or Conservatorfli -• ❑ •-Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here l i; igner Is Representing: Signer Is Representing: i! l 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 _ r , State of v�( � County ofAJ2-- On 9(,�, before me, V Date Name and it of Officer e.g.,' ane Doe,Not ublic") personally appeared Name(s)of Signer(s) ) ;personally known to me— to be the person(s) whose name(s)*/are subscribed to the within instrument and acknowledged to me that Is/they executed the ) same in Neer/their authorized capacity(ies), and that by fir/their signature(s)on the instrument the person(s), MARIALAINARINTONE or the entity upon behalf of which the person(s) acted, Corrvnt*M#1088159 executed the instrument. NotCRYPublc—Cc Ifon-ft 0mge co" 6MVCaME0WF9b19.20C0 WIT S my hand and i lal seal. 1 Signatu of N b is 1 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: 0/ JJA e) •I Document Date: a lggA9 ? Number of Pages: ) Signer(s) Other Than Named Above: *& abdmj*aA&,aaL 644 xk r( L-c Capacity(ies) Claimed by Signer s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual Corporate Officers ❑ Corporate Officer Title(s): VPi Title(s): ) ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General Attorney-in-Fact ❑ Attorney-in-Fact 11 Trustee _ ❑ Trustee Guardian or Conservator ❑ Guardian or Conservator - Other: Top of thumb here ❑ Other: Top of thumb here I Si er Is Representing: - Signer Is Representing: ; b I I ©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 EXHIBIT A-1 REQUEST FOR CONSENT TO SALE OF PROPERTY DEVELOPMENT AGREEMENT NO. 90-1 HOLLY SEACLIFF AREA Date: July 29, 1996 Property Location: West of Goldenwest Street, South of Garfield Avenue Property Address: No current address Assessor's Parcel No(s).: por. 023-181-35 & por. 110-232-02 Legal Description: Lots 1-25 and Lots A-D of Tract 15034 Lots 1-52 and Lots A-D of Tract 15035 Lots 1-38 and Lots A-E of Tract 15036 Lots 1-5, 17-22 and Lots A-C of Tract 15037 Acreage: approx. 34.1 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: Lennar Homes of California, Inc. Address: 23333 Avenida La Caza City/ST/Zip: Coto de Caza, CA, 92679 Telephone: (714) 589-2900 Contact: Jonathan M. Jaffe Existing Use of Property: Vacant Residential Intended Use of Property: 126 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. 1470OR March 12, 1996 Conditional Use Permit No. 93-39R March 12, 1996 Coastal Development Permit No. 93-23 March 12, 1996 CONSENT TO SALE APPROVED BY: Signature: Name: Title: Date: Attachments: Exhibits B-D for attachment to Certificate of Consent ' 11 Nyy rl W r ri•if! Ion ��u'f� fr;r; .. N i i/ ••' T r/N flraar pw! J. ,1 ,a. n laprlrv�al r�ni r,„ f I r r ' H SEACUFF !f xI�� s\ `'a• ! 1 SEACLIFF I..j COLT COURSE ! Ca�'%D1.r'. q t.fi GOLF COURSE ! f _ry 1_ I`U��1,,N w-� �� � I 1 fl� • / t V~ry '{1IIIIf,'�' F vial o .x..; ,„`.,1 r.1yy r V�wor..ark •ii`�`; a \} n\ft Y !� .x �+ 'y„�f 'u i7"l'xv 1 Dr' x., •! !., n r�a x x�I 'r7 ,.1��+\ r t+ 3 Wt SEACLIFF GOLF COURSE Yc 6 AL 1c PHASE WP SOC FOR ��i\-•SSOCIATES a r FOR uaa of s.�w o.o..+..• TENTATIVE TRACT NO. 1I700 PENINSULA 11 • r 1 EXHIBIT "B" CLARIFICATION OF DEVELOPMENT AGREEMENT 90-1 RIGHTS, DUTIES & OBLIGATIONS BETWEEN PLC (SELLER)AND LENNAR HOMES OF CALIFORNIA,INC. (BUYER) FOR BEL AIRE RESIDENTIAL PROJECT(PROPERTY) Section 2.2.1; Linear Park. Seller responsible for all park dedications required by the Agreement. The City applied 2.34 acres of dedication credits prior to approving Final Tract Map Nos. 15034, 15035, 15036 and 15037(see attached Exhibit C; memos dated March 28 &April 11, 1996). Seller may assign 2.16 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 Streetscane 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$174,525 in traffic impact fee credits to Buyer for this property(see attached Exhibit D; letters dated April 29, 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: 2.21(gh 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$302,400 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(12); 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. Section 2.2.10, Fees,with the following clarifications: 2.2.10(a), (b), (c),M, ( ), (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. 2.2.10 h • Traffic Impact Fees, refer to 2.2.4(f)above. '03 POI - _. . .. ... ... EXHIBIT C CITY OF HUNTINGTON BEACH INTEII-DEPARTMENT COMMUNICATION MUhT1NGT0+u tEaCn a TO; DAN VILLELLA CITY TREASURER FROM: MELANIN H ALLON C:OMMINITY DEVELOPMENT DIRECTOR DATE: TMARCH 28, 1996 SUBJECT: PARK AND RECREATION REQUIREMENTS FOR TRACTS 15034, 15035 and 15036 I'acific Coast Homes has requested to apply the previous parkland credit of 30.76 acres to satisfy the Park and Recreation requirements for Tracts 15034, 15035 and 15036. The use of parkland credit can be summarized as follows: DEVIOUS LAND CREDIT 30.76 AC Parkland Dedicatign Requiremepta: TRACT 15034(Portion of Bel Airc) . 0.43 AC TRACT 15035 (Portion of Bel Aire) 0.89 AC TRACT 15036 (Portion of Del Aire) 0,65 AC Total 1.97 AC ,SURFLU. LAND CREDIT 28.79 AC Huntington Beach Co./Pacific Coast Homes will retain a parkland credit of 28.79 acres for ftrture Park/Recreation requirements. cc, Bill Holman, Pacific Coast Homes Valaya Null, Senior Accountant Howard Zelefsky,Planning Director H.B.Parks File(Mary Beth Brocren) CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: DAN VILLELLA CITY TREASURER FROM: MELANIE FALLON COMMUNITY DEVELOPMENT DIRECTOR DATE: APRIL 11, 1996 SUBJECT: PARK AND RECREATION REQUIREMENTS FOR TRACTS 15037, 15081-15086 Pacific Coast Homes has requested to apply the previous parkland credit of 28.79 acres to satisfy the Park and Recreation requirements for Tracts 15037 and 15081 through 15086. The use of parkland credit can be summarized as follows: PREVIOUS LAND CREDIT 28.79 AC Parkland Dedication Requirements: TRACT 15037 (Portion of Bel Aire) 22 LOT-9 = 0.38 AC II Lnv�?= O,Iq AR TRACT 15081 (Portion of Hillcrest) 0.74 AC TRACT 15082 (Portion of Hillcrest) 0.50 AC TRACT 15083 (Portion of Hillcrest) 0.51 AC TRACT 15084 (Portion of Hillcrest) 0.26 AC TRACT 15085 (Portion of Hillcrest) 0.43 AC TRACT 15086 (Portion of Hillcrest) 0.46 AC Total 3.28 AC SURPLUS LAND CREDIT 25.51 AC Huntington Beach Co./Pacific Coast Homes will retain a parkland credit of 25.51 acres for future Park/Recreation requirements. cc: Bill Holman, Pacific Coast Homes Valaya Hull, Senior Accountant Howard Zelefsky, Planning Director H.B. Parks File (Mary Beth Broeren) EXHIBIT D h? CITY OF HUNTINGTON BEACH 2 0 0 0 Mai n S t r e e t P . O . Box 1 9 0 C a l i f o r n i a 9 2 6 4 8 Les M. Jones II Public Works Department Director (714) 536-5431 Date: April 29, 1996 Mr. William Holman Pacific Coast Homes 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Subject: Bond & Fee Amounts-Tract No.15034 (Belaire) Dear Mr. Holman: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 6,500.00 Improvement (faithful performance) $ 839,570.00 Improvement (labor and materials) $ 419,785.00 Guarantee & Warranty (not due until Tract release) $ 83,957.00 Fees Sewer 9.728 acres @ $ 700.00 $ 6,809.60 Water Connection Inspection 48 connections @ $ 150.00 $ 7,200.00 Engineering & inspection $1,182,233 @ 8% $ 94,578.64 Construction Water 31 services @ $ 72.00 $ 2,232.00 $12 sevice/month (6 month minimum) O.C.S.D. Sewer 25 units @ $ 2,350.00 $ 58,750.00 Traffic Impact Fee 231 trips @ $ 150.00 $ 34,650.00 - (due prior to certificate of occupancy) Tract Fee Letter 0018417.01 Page 1 HJ. '� CITY OF HUNTINGTON 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 Date: Mai- 6, 1996 Mr. William Holman Pacific Coast Homes 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Subject: Bond & Fee Amounts-Tract No.15035 (Belaire) (revised) Dear Mr. Holman: The folloR-i.ng are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 13,750.00 Improvement (faithful performance) $ 192,600.00 Improvement (labor and materials) $ 96,300.00 Guarantee & Warranty (not due until Tract release) $ 19,260.00 Fees Sewer 11.081 acres @ $ 700.00 $ 7,756.70 Water Connection Inspection 57 connections @ $ 150.00 $ 8,550.00 Engineering & inspection $614,302 @ 8% $ 49,144.16 Construction Water 52 units @ $ 72.00 $ 3,744.00 $12 unit/month (6 month minimum) O.C.S.D. Sewer 52 units @ $ 2,350.00 $ 122,200.00 Traffic Impact Fee 480 tri s @ $ 150.00 $ 72 000.00 (due prior to certificate of occupancy) 0018434.01 Page 1 �'• by CITY OF HUNTINGTON BEACH 2 0 0 0 Main Street P . O . B o x 1 9 0 C a l i f o r n i a 9 2 6 4 8 Les M. Jones II Public Works Department Director (714) 536-5431 Date: April 29, 1996 Mr. William Holman Pacific Coast Homes 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 Subject: Bond & Fee Amounts-Tract No.15036 (Belaire) Dear'Mr. Holman: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 10,250.00 Improvement (faithful performance) $ 165,700.00 Improvement (labor and materials) $ 82,850.00 Guarantee & Warranty (not due until Tract release) $ 16,570.00 Fees Sewer ✓8.417 acres @ $ 700.00 $ 5,891.90 Water Connection Inspection 43 connections @ $ 150.00 $ 6,450.00 Engineering & inspection $470,295 @ 8% $ 37,623.60 Construction Water 38 units @ $ 72.00 $ 2,736.00 $12 unit/month (6 month minimum) O.C.S.D. Sewer 38 units @ $ 2,350.00 $ 89,300.00 Traffic Impact Fee 351 tri s @ $ 150.00 $ 52 650.00 (due prior to certificate of occupancy) 0018440.01 Page 1 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 Date: April 26, 1996 Mr. William Holman Pacific Coast Homes 23 Corporate Way, Suite 250 Newport Beach, Ca.92660-7412 �(A 1rel Subject: Bond & Fee Amounts-Tract No.15037 (Hillcrest) Dear Mr. Holman: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $ 5,500.00 Improvement (faithful performance) $ 214,250.00 Improvement (labor and materials) $ 107,125.00 Guarantee & Warranty (not due until Tract release) $ 21,425.00 Fees Sewer 7.401 acres @ $ 700.00 $ 5,180.70 Water Connection Inspection 27 connections @ $ 150.00 $ 4,050.00 Engineering & inspection $648,766 @ 8% $ 51,901.28 Construction Water 23 services @ $ 72.00 $ 1,656.00 $12 service/month (6 month minimum) O.C.S.D. Sewer 22 units @ $ 2,350.00 $ 51,700.00 Traffic Impact Fee 203 trips @ $ 150.00. $ 30,450.00 (due prior to certificate of occupancy} 115,2-Z5,00 0018444.01 Page 1 (9v0. to CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTIN004 MACH TO: Honorable Mayor and City Council Members FROM: Melanie S. Fallon, Community Development Director SUBJECT: LATE COMMUNICATION REGARDING ITEM F-2 ON THE OCTOBER 7, 1996 AGENDA DATE: October 7, 1996 Attached for your consideration is revised Recommended Action language. Staff recommends the City Council include in its motion Item 1 b and amended Item 2 which specifies that the recently adopted Library Development Fee would be applicable to building permits applied for after November 3, 1996. This condition is necessary to clarify the fee responsibilities of the Developer and builders of the Peninsula II project that is the subject of the F-2 item. In a September 27, 1996 communication from PLC,they indicated that the Peninsula II project was exempt from the new fee. Section 2.2.10 (f) of the Development Agreement states that the"Developer shall pay any new city- wide fee which is imposed on all property owners, businesses, and residents". Section 2.2.10 (g) further stipulates that the"Developer shall pay any new fee which applies to new development to the extent the fee is reasonably related to the impacts generated by the Project, and not otherwise required to be mitigated by Developer". Section 5 of the Library Development Fee Ordinance states that"Development Projects for which a development entitlement application was deemed complete prior to October 18, 1996, shall be exempt from the requirements of this ordinance. Provided, however, that this exemption shall not override any condition of approval for a Development Project which specifically requires payment of fees for the purposes of mitigating impacts on Library Facilities". Staff has concluded that the provisions of the Development Agreement require the payment of the new Library Development Fee on Holly Seacliff projects including the four which are before you this evening. Also attached for your review is copy of the video presentation for this item for tonight's meeting. Attachments: 1. Revised RCA Page 2 for Item F-2 2. Letter from PLC,dated September 27, 1996 3. Video presentation for Item F-2 cc: Michael T.Uberuaga F­ 6�2 Ray Silver Gail Hutton R QUEST FOR COUNCIL ACTIN MEETING DATE: October 7, 1996 DEPARTMENT ID NUMBER: CD 96-47 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. 15034-36 and a portion of 15037, Bel Aire, to Lennar Homes of California, Inc.; Final Map Nos. 15087-88 and 14700, Brentwood, to Taylor Woodrow Homes of California, Ltd.; Final Map Nos. 15081, 15085 and a portion of 15037, Hillcrest, to Polygon Communities, Inc.; and Final Map Nos. 15082-84 and 15086, Riviera, to Shea Vickers Residential, L.L.C. 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. No final inspection shall be approved for units in Bel Aire, Brentwood, Hillcrest or Riviera until Bel Aire Lane between Garfield Avenue and Forester Drive is fully improved and open and Summit Drive is improved to connect with existing Clay Avenue between Bel Aire Lane and Goldenwest Street; and b. The Developer shall pay the Library Development Fee pursuant to Huntington Beach City Council Resolution 96-71 for all building permits applied for after November 3, 1996, and the Certificate of Consent shall be amended to provide therefor; and 2. Authorize the Mayor to execute the amended 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. 15034-36 and a portion of 15037, Bel Aire, to Lennar Homes of California, Inc. and direct staff accordingly." "Continue the request for consent for the pending sale of the property known as Final Map Nos. 15087-88 and 14700, Brentwood, to Taylor,Woodrow Homes of California, Ltd. and direct staff accordingly." "Continue the request for consent for the pending le of the p7perty known as Final Map Nos. 15081, 15085 and a portion of 15037, Hillcrest, o Polygonmmunities, Inc. and direct staff accordingly." "Continue the request for consent for the pending sale of,the property''known as Final Map Nos. 15082-84 and 15086, Riviera, to Shea Vickers Residential, L.L.C. and direct staff accordingly." CD96-47A.DOC -2- 10/07/96 3:25 PM Post-Ir Fax Note 767 °a(O q p /pis► To i e !e- 'qwFrom ll ilk Co.IDept Co. Ic Phon9# Phon6# Fax# l �I� Fax# September 27, 1996 Ms. Melanie Fallon,Director Community Development Department 2000 Main Street Huntington Beach,CA 92648 Subject: New Library Development Fee Dear Melanie: I want to call your attention to an incorrect interpretation by your staff of the above ordinance and its applicability to approved development projects. Several of the builders who are purchasing tracts from PLC have been told by staff that the new$0.25 per square foot Library Development Fee adopted per Ordinance No. 3333 will be imposed at the time building permits are requested. This interpretation is contrary to Section 5 of the ordinance,which states: Applicability to Existing Projects. Development Projects for which a development entitlement application was deemed complete prior to October 18, 1996*, shall be exempt from the requirements of this ordinance_ Provided, however, that this exemption shall not override any condition of approval for a Development Project which specifically requires payment of fees for the purposes of mitigating impacts on Library Facilities. *The City Clerk has confirmed that this date should actually be November 2, 1996, sixty days following the adoption of Ordinance No. 3333. All new homes within the approved Tentative Tract Map No. 1470OR (Bel Aire, Hillerest, Riviera and Brentwood), for which the development entitlement application was deemed complete on February 15, 1996, and approved Tentative Tract Map No. 14659R (Sherwood and Annandale), for which the development entitlement application was deemed complete on June 20, 1996, are subject only to the existing Community Enrichment Fee of$0.15 per square foot and are exempt from the new fee. Would you please advise your staff of this provision of the ordinance in order that the builders are correctly informed. I would be happy to discuss this further if you have a different interpretation. Very truly yours, William D.Holman Planning&Government Relations cc: Gail Hutton,City Attorney Christopher Gibbs Dann Groth PLC Land Company 23 Corporate Plaza,Suite 250 714.721.9777 relephom Newport Beach,Callfomia 92660 714,729. 1214 FacSM19 no_zn_a� no•nnara pni g / Y :.: ••., sus'-�" :;.-..�i,.-... /%�i' ,ate�,,, ::`.�� 3..:'� e�, � 3 s y� ��i,s...� .,�,',, .� � „, ': � w ■aw �..�e xz �y��� z Yx•�F.■ �€ z; � it � �� a�; � � �■ a z..� _,�'', � ■ � +� �< z ak s?` ■ .e: ■ �'' i ■� ■ ■ ■ ■F "T z z k r ■ OD ,-m � Lek' '�' l �, Y : '('fi ■- Tl qi Za tk t �r Y y it zR a w tv h i_��It" 7 gr x ' E x ■ ■ . ........ 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