HomeMy WebLinkAboutSurfside Villas - 2015-11-16 Dept ID ED15-31 Pagel of 2
Meeting Date 1111612015
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 11/16/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A Wilson, City Manager
PREPARED BY: Ken Domer, Assistant City Manager
Kellee Fritzal, Deputy Director, Business Development
SUBJECT: Approve and authorize execution of a Memorandum of Understanding (MOU)
between the City of Huntington Beach and Surlside Villas for Delaware Street
Entry Gate Improvements, adjacent to 21071 and 21085 Delaware Street,
Huntington Beach
Statement of Issue
The City Council is asked to approve a Memorandum of Understanding (MOU) between the City
and Surlside Villas The MOU describes the City's assistance related to the future development of
Delaware Street/Atlanta Avenue entry gate improvements in exchange for Surlside Villas' grant of
fee ownership to an unimproved portion of Delaware Street
Financial Impact
The City will receive the underlying fee ownership of the unimproved western one-half of Delaware
Street The City currently owns a street easement over this portion of Delaware Street and
maintains responsibility for existing maintenance
Recommended Action
Approve and authorize the Mayor and City Clerk to execute the "Memorandum of Understanding By
Between the City of Huntington Beach and Surlside Villas for Delaware Street Entry Gate
Improvements "
Alternative Action(s)
Do not approve the MOU and direct staff accordingly
Analysis
The MOU between the City and Surlside Villas Apartments (SVA), provides for the ownership
transfer of an unimproved portion of Delaware Street to the City in exchange for assistance with
entitlements and associated permit fees related to proposed Delaware Street entry gate
improvements
SVA is a 75-unit apartment complex with a single ingress / egress access coming off of Atlanta
Avenue SVA desires a second entry off Delaware Street, which will assist in providing additional
emergency access (see Attachment 1) Delaware Street runs along the western edge of SVA and
serves as primary access to the residential development located to the south of SVA However,
there is currently no direct ingress or egress from Delaware Street into SVA
Item 15. - 1 xB -11 s-
Dept ID ED15-31 Page 2 of 2
Meeting Date 11/16/2015
SVA currently owns the unimproved western portion of Delaware Street, which is 0 47 acres in size
and measures approximately 625 feet long by 33 feet wide (see Attachment 1) The City owns a
street easement over this same area of Delaware Street The City has no plans to use this area for
street purposes
SVA recently met with and requested the City's assistance in developing a new Delaware Street
entry gate access to SVA In return, SVA has agreed to grant their ownership of the western
portion of Delaware Street to the City as indicated in the attached Memorandum of Understanding
(MOU) The City's assistance would include paying for SVA's' entitlement application and related
construction and inspection permit fees for the new entry gate improvements Staff estimates the
related fees to range from approximately $5,000 to $10,000
The City proposes to study the future use options for the property, which may include future public
parking
Staff recommends approval of the MOU, which would allow the City to finalize the transfer of the
SVA ownership of the western portion of Delaware Street to the City within 30 days
Environmental Status
No Impact
Strategic Plan Goal
Enhance and maintain infrastructure
Attachment(s)
1 Site Map
2 "Memorandum of Understanding By Between the City of Huntington Beach andSurfside
Villas for Delaware Street Entry Gate Improvements"
HB -119- Item 15. - 2
ATTACHMENT # 1
�HUNTINGTON ST (N'LY) NORTH LINE � ��
SEE T.6S., R.11W. Wl
DETAIL 1 POI Unimproved NW'LY DETAIL 2 (N.T.S.
L8 CO . T Western Portion -31 M.M. DELAWARE REMAINING
L of Delaware STREET DELAWARE
Street VACATED STREET AFTER
d L1 L2 ATLANTA AVE PER (R1) ,VACATION
Lj J
z�I I � I T , I rI o 1
�fx s --40
-- 000,00•
alp 7 (..> I I rI --- -
z 3 331 r I ; °::a :y . :. :.•:... 11 ti 1-5 L5
I
�o-lz0 o I `. i j i I Proposed ( a� 41
_ 4' Surfside Villas I I i; I
3 oC lu�i j � Entry Gate =J .. D L AR
z � Q
w w I , r Location - ST VACATED
PER (R1)
I I LEGEND:
¢ wl= LOT Zia (R)= RECORD PER TRACT
w i f.,;! ---- 9580, 444/29 M.M.
�..10 I —"-�- --� j`�(R1) = RECORD PER DOC No.
1.... I. I.... 2015-
E LY LINE
": 1...`. T 3 I•,.,. LINE TABLE:
/970
O.R.9 PER 40' 0 11 i 1 L2= N89 O6 11"E, 4 910'
_
(R). 33 j ' I __-_J I L3= S46'50'42"E, 38.97'
I L4= N59'03 57"W; RAD
L5= S8916'46"W, 20.19
90 00,00' ^M, L� L6= S89'16'46"W, 59.81'
L5 �"_ L7= (N89'43'00"E, 660.04' R
SEE a --- - L8= (N89'43'00"E, 1.50' R)
DETAIL 2 ---- ''
L9= SOO4314"E, 577.86'
SW COR. LOT 10, TRACT I
9580, AS ADJUSTED BY L10= N00'43'14"W, 639.92'
W'LY LINE L.L.A. 97-06, 13394/420
TRACT 9580, O.R. I I DETAIL 1 (N.T.S.)
NT
444/29-31 ATLANTA AVE 0 UBEGINNING I
M.M. ®=PORTION ❑F VACATED —L7-
DELAWARE ST, PER
DELAWARE ST. (RD, DESCRIBED ON L1 L2
VACATED PER .•.:: T "r..... EXHIBIT NG L3 £
(R1), CONTAINING 20,593 SQ
FT, (0.47 ACRES) MORE O
OR LESS
CURVE TABLE:
C1= DELTA'-- 36'40'42", RAD= 53.00', L= 33.93' GRAPHIC SCALE
C2= DELTA= 05'01'25", RAD= 47.00', L= 4.12' ►-7'I 1 inch =1601t
PLAT 1 OF 1
NORTHERLY END DELAWARE STREET AS VACATED
CITY OF HUNTINGTON BEACH ROW
DEPARTMENT OF PUBLIC WORKS
ATTACHMENT #2
MEMORANDUM OF UNDERSTANDING BY BETWEEN THE CITY OF
HUNTINGTON BEACH AND SURFSIDE VILLAS FOR
DELAWARE STREET ENTRY GATE IMPROVEMENTS
This Memorandum of Understanding(hereinafter"MOU") is made by and between the
City of Huntington Beach, a California municipal corporation(hereinafter"City"), and Surfside
Villas, a California limited partnership(hereinafter"Grantor"). City and Grantor may sometimes
be hereinafter collectively referred to as the"Parties" or individually as the"Party."
WHEREAS,the Parties desire to memorialize an agreement to work cooperatively and
coordinate the future development of Entry Gate Improvements (hereinafter"the
Improvements") along the Delaware Street right-of-way adjacent to Grantor's property in the
City of Huntington Beach, and the transfer of Grantor's fee interest in that certain real property
more fully described in the legal description and map collectively attached hereto as Exhibit"A"
(hereinafter the "Site")to the City,
NOW, THEREFORE,the Parties do hereby agree as follows:
1. TERM.
The Term of this MOU is one (1)year. The term may be extended for an additional one
(1)year period upon written approval of the parties. The City Manager of City is hereby
authorized to provide such approval on behalf of City.
2. PURPOSE.
The purpose of this MOU is to express the Parties' agreement regarding the future
development of the Improvements and the transfer of fee title to the Site from Grantor to the
City Specifically,the Parties are in agreement on the following matters:
A. City agrees to be co-applicant on Grantor's entitlement application to the
City's Department of Planning& Building for the Improvements.
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15-4747/122721
B. City also agrees to pay for all of Grantor's City application and permit
processing fees for the Improvements, including City application fees,permit fees, and plan
check and inspection fees.
C. City will process the aforesaid entitlement applications in an expeditious
and efficient manner. The Parties acknowledge that the entitlement applications for the
Improvements require subsequent discretionary approval by the City. In no event shall this MOU
or any part hereof be construed as providing such discretionary approval of the entitlement
applications.
D. In return for City's payment of Grantor's application and permit
processing fees, as well as approval of aforesaid entitlement, Grantor agrees to transfer fee title
to the Site to City within 30 days following the approval of this MOU by the City Council of
City
3 CONSTRUCTION OF THE IMPROVEMENTS.
If the entitlement applications are approved,the cost of construction of the Improvements
shall be Grantor's sole responsibility and undertaken at Grantor' sole cost and expense.
4. COORDINATION AND CONSULTATION.
All coordination, assistance and services rendered in furtherance of this MOU will be
carried out in compliance with the objectives and responsibilities of the Parties. Nothing in this
MOU shall be construed in conflict with the responsibilities of any Party as defined in Federal,
State, or local law, statue,regulation, or any Parties' policies and procedures. The Parties will
exchange information and consult with each other before implementing the provisions hereof
that may affect the ability of any other party to perform under this MOU.
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15-4747/122721
5. ROLES AND RESPONSIBILITIES.
The Parties shall each designate in writing a single point of contact to ensure their
respective responsibilities are satisfied. All future correspondence regarding this MOU shall be
directed to the designated single points of contact. Grantor's contact shall be:
Michael E. Drandell, CPA
Surfside Villas, a California limited partnership
By: G&K Management Co., Inc., a California corporation,
Its Asset Manager
5150 Overland Avenue
Culver City, CA 90230
City's contact shall be:
Kellee Fritzal
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
6. EFFECTIVE DATE, TERMINATION AND MODIFICATION.
This MOU will become effective when approved by the City Council of City. This MOU
may be terminated by either Party upon thirty (30) days prior written notice to the other Party.
This MOU may only be amended by written instrument executed by both Parties This MOU
supersedes all previous offers, agreements, negotiations, understandings, and memorandums of
understanding between the parties, whether oral or written.
7. MUTUAL INDEMNIFICATION.
City and Grantor each agree to mutually indemnify and hold each other harmless from
and against all claims, causes of action, demands, losses and liability for injury to any person or
damage to any property to which the other may be subjected to the extent that the same are the
result of an error, omission or negligent act of the other, its officers or employees, or any other
agent acting pursuant to its control and performing under this MOU. Each Party agrees to
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15-4747/122721
defend, indemnify and hold harmless the other Parry,their elected officials, agents, officers and
employees, from all costs, damages, liability and claims caused by or arising out of or related to
that Party's negligence or willful misconduct To the extent that more than one Party is
determined to have been negligent, the Parties agree that each Parry shall bear its own portion or
percentage of liability and to indemnify and hold harmless the other Party from that share.
8. ASSIGNMENT.
This MOU or any interest of either Party herein shall not at any time after the date hereof,
without the prior written consent of the other Parry, be assigned or transferred to any other
person or entity. Each Parry shall at all times remain liable for the performance of the covenants
and conditions to be performed by it pursuant to this MOU, notwithstanding any assignment or
transfer which may be made.
9. NOTICES.
All notices, statements, demands, requests, consents, approvals, authorizations,
appointments or designations hereunder by either Party to the other shall be in writing and shall
be sufficiently given and served upon the other Parry, if sent by United States registered mail,
return receipt requested, postage prepaid and addressed to the point of contact set forth in Section
5 above Either Parry may change its address or point of contact by giving written notice to the
other Party.
10 VALIDITY.
If any one or more of the terms,provisions,promises, covenants or conditions of this
MOU shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason
whatsoever by a court of competent jurisdiction, each and all of the remaining terms,provisions,
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154747/122721
promises, covenants and conditions of this MOU shall not be affected thereby and shall be valid
and enforceable to the fullest extent permitted by law.
11. NON-DISCRIMINATION
Both Grantor and City covenant by and for themselves,their administrators and assigns,
and all persons claiming under or through them,that in the performance of this MOU there shall
be no discrimination because of race, color, religion, national origin, ancestry, sex, age, sexual
orientation,marital status or disability in accordance with the requirements of applicable State
law
12 WAIVER.
The failure of either Party to insist upon strict performance of any of the terms,
conditions or covenants in this MOU shall not be deemed a waiver of any right or remedy for a
subsequent breach or default of the terms, conditions or covenants herein contained.
13. ATTORNEYS' FEES
In the event suit is brought by either Party to enforce the terms and provisions of this
MOU or to secure the performance hereof, each Party shall bear its own attorneys' fees. The
prevailing Party in such action or proceeding shall not be entitled to recover its attorneys' fees,
court costs and reasonable out-of-pocket expenses.
14 INTERPRETATION.
The language in all parts of this MOU shall in all cases be construed simply, as a whole
and in accordance with its fair meaning and not strictly for or against any Party. The Parties
hereto acknowledge and agree that this MOU has been prepared jointly by the Parties and has
been the subject of arm's length and careful negotiation over a considerable period of time,that
each Party has independently reviewed this MOU with legal counsel, and that each Party has the
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154747/122721
requisite experience and sophistication to understand, interpret and agree to the particular
language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute
regarding the interpretation of this MOU, this MOU shall not be interpreted or construed against
the Party preparing it, and instead other rules of interpretation and construction shall be utilized.
15. ENTIRETY.
The foregoing, and Exhibit"A" attached hereto, set forth the entire agreement between
the Parties
IN WITNESS WHEREOF,the Parties hereto have caused this MOU to be executed by
and through their authorized officers on & � /g, 2015.
SURFSIDE VILLAS, a California CITY OF HUNTINGTON BEACH,
limited liability partnership a California municipal corporation
By: G&K Management Co., Inc., ar-
California corporation, Its Asset Manager
Mayor
By: ✓' 10 ZfV15'
Tv ichael randell, CPA City Cler
Chief Operating Officer
APPROVED
9
ity ttorney
INIT TED,REVIEWED AND
APP
CiPmAker
6
15-4747/122721
EXHIBIT A IDRAUT
THAT PARCEL OF LAND LOCATED IN THE CITY OF HUNTINGTON BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF TRACT
9580, FILED IN BOOK 444, PAGES 29 THROUGH 31 INCLUSIVE OF
MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY, ALSO BEING A
PORTION OF DELAWARE STREET AS DEDICATED TO THE CITY OF
HUNTINGTON BEACH FOR STREET PURPOSES UPON THE MAP FOR SAID
TRACT 9580, THE INTENT OF THIS LEGAL DESCRIPTION IS TO DESCRIBE A
PORTION OF SAID DELAWARE STREET TO BE VACATED, SAID PORTION TO BE
VACATED BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID TRACT 9580 SAID
NORTHWESTERLY CORNER BEING THE INTERSECTION OF THE NORTH LINE OF
SECTION 14, T.6S , R.11 W. S B.M , WITH THE EASTERLY LINE OF THOSE
LANDS DESCRIBED IN THE GRANT DEED TO FIRST AMERICAN TRUST
COMPANY, A CALIFORNIA CORPORATION, RECORDED 15 DECEMBER, 1970, IN
BOOK 9489, PAGE 970, OF OFFICIAL RECORDS OF SAID COUNTY, THENCE
SOUTHERLY ALONG THE WESTERLY LINE OF SAID TRACT 9580, SOUTH
00`43'14" EAST, 5005 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION,
THENCE NORTH 89`06'11" EAST, 4 91 FEET,
THENCE SOUTH 46°50'42" EAST, 38 97 FEET TO THE NORTHERLY TERMINUS
OF A LINE PARALLEL TO AND 7.00 FEET WESTERLY OF THE CENTERLINE OF
DELAWARE STREET, CENTERED EQUALLY WITHIN A STRIP OF LAND 80 FEET
WIDE, AS DEDICATED UPON -SAID TRACT 9580,
THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 00`43'14" EAST,
577 86 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND
HAVING A RADIUS OF 53.00 FEET;
THENCE SOUTHERLY AND SOUTHWESTERLY THROUGH A CENTRAL ANGLE OF
36°40'42", AND ARC LENGTH OF 33.93 FEET, TO THE THE BEGINNING OF A
REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
47 00 FEET;
THENCE SOUTHWESTERLY, THROUGH A CENTRAL ANGLE OF 05`01 '25", AN
ARC LENGTH OF 412 FEET TO A POINT, WITH A RADIAL BEARING THROUGH
SAID POINT OF NORTH 59°03'57" WEST,
LEGAL DESCRIPTION 1 OF 2
NORTHERLY END DELAWARE STREET AS VACATED
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
EXHIBIT A
(CONTINUED) IDRAUT
THENCE ALONG A NON—TANGENT LINE TO LAST SAID CURVE SOUTH 89"16'46"
WEST, 20.19 FEET TO THE WEST LINE OF SAID TRACT 9580, SAID
NON—TANGENT LINE BEING PERPENDICULAR TO THE CENTERLINE OF DELAWARE
STREET,
THENCE NORTHERLY ALONG SAID WEST LINE NORTH 00"43'14" WEST, 639 92
FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION
CONTAINING 20,593 SQUARE FEET (0 47 ACRES) MORE OR LESS
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS,
RIGHT—OF—WAY, EASEMENTS AND LEASES OF RECORD, IF ANY
\A N p Is,G
_ o z o
EXP 12-31-15
JOSEPH G DERLETH �'y LS 7340
PLS 7340 EXPIRES 12/31/15 TF of uo-�F��
LEGAL DESCRIPTION 2 OF 2
NORTHERLY END DELAWARE STREET AS VACATED iff
F�fl
CITY OF HUNTINGTON BEACH Lv
DEPARTMENT OF PUBLIC WORKS
r 1 r
HUNTINGTON ST (N'LY) EXHIBIT B NORTH LINE c
SEE T 6S , R 11 W
i RA,tm'--wl-1
DETAIL 1 POINT OF COMMENCEMENT, NW'LY DETAIL 2 (N.T.S )
L8 COR TRACT 9580, 444/29-31 M.M DELAWARE REMAINING
L STREET DELAWARE
TRUE POINT _ VACATED STREET AFTER
L1 3 OF BEGINNING ATLANTA AVE PER (R1) (VACATION
w �h
W J 40 0' _ J C 2 Cl
a. � � 7' I � r�R Ar °00'00"
—1---- —
z (D 33, r I li y L5 L6
C'� 0::I� 3j;u') °°
Lu ILL ___.J
cfl �` �' Ian I - I DEL AR
z E- w ( PR -z_`� --- ST VACATED
PER R1
J o L �I ai LEGEND ( )
W I= Z I >� I I (R)= RECORD PER TRACT
wV) o , I . 9580, 444/29-31 M M
(R1) = RECORD PER DOC No
cn ; 2015-
E'LY LINE LINE TABLE
/ I
O R , PER
I �1 L1= S00°43'14"E, 50 05'
40 ,
OR PER r7,1 0 i ( i 1 L2= N89-06'11"E, 4 91'
i 33' I - ; ____j I L3= S46'50 42;;E, 38 97'
I
_ I L4= N59'03 57 W, RAD
-� L5= S89°16'46"W, 20 19'
C1� 90 00'0i0' L6= S89°16'46"W, 59 81'
L5 L6 ® L7= (N89'43'00"E, 660 04' R
DETAIL 2
SEE Q L a �_R —' L8= (N89°43'00"E, 1 50' R)
------
SW COR. LOT 10, TRACT L9= S00°43'14"E, 577 86'
9580, AS ADJUSTED BY L10= N00°43'14"W, 639 92'
W'LY LINE L L A 97-06, 13394/420
TRACT 9580, OR - DETAIL 1 (N.T S )
444/29-31 TRUE POINT
M M. ®-PORTION OF VACATED —L7fl' L
ATLANTA AVE OF BEGINNING
DELAWARE ST, PER
DELAWARE ST (R1), DESCRIBED ON L1
VACATED PER EXHIBIT "A',
(R1) CONTAINING 20,593 SQA gFT, (0,47 ACRES) M❑RE❑R LESS
CURVE TABLE.C1= DELTA= 36°40'42", RAD= 53 00', L= 33 93' HIC SCALE
C2= DELTA= 05°01'25", RAD= 4700', L= 412' nch =150 ft
PLAT 1 OF 1
NORTHERLY END DELAWARE STREET AS VACATED ®�J
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
City of Huntington Beach
, 1111 � ,.r. - 2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
fB�i7 >9g9,°p° Office of the City Clerk
Joan L. Flynn, City Clerk
November 18, 2015
Michael E Drandell, CPA
Surfside Villas, a California limited partnership
By G & K Management Co , Inc , its Asset Manager
5150 Overland Avenue
Culver City, CA 90230
Dear Mr Drandell
Enclosed for your records is a copy of the fully executed "Memorandum of Understanding By
Between The City of Huntington Beach and Surfside Villas for Delaware Street Entry Gate
Improvements "
Sincerely,
quA`71-
Joan L Flynn, CMC
City Clerk
JF pe
Enclosure
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