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HomeMy WebLinkAboutTHE WILLIAM LYON COMPANY - 1979-08-06 CITY OF HUNTINGTON 211EACH2 INTER-DEPARTMENT COMMUNIC TI N I li rt.INOON Of M 11 Tt, Floyd G. Belsito Ero J Is W. Palin, Director City Administrator elopment Services n Su.)jcct Old Civic Center Project; dat November 14, 1979 City Council/Planning Commission Joint Study Session November 19, 1979, 6:30 P.M. ; Specific Plan Zoning and Environmental Impact Report Transmitted herewith is the Old Civic Center SpetAfic Plan Amendment :o the Zoning Ordinance and the Final Environmental Impact Report for the Senior housing and recreation facilities planned for the Old Civic Center site. These are transmitted at this time for review prior to the subject study session. The Old Center Speo4fic Plan was prepared by Development Ser- vices' staff and has been reviewed and approved by the City Attorney in its current form. This specific plan will permit the construction. of the 15' unit senior housing including the 4000 square foot commer- cial area oi: "Site 1" and the new Senior Citizens Recreation Center n "Site 2. " This specif,rc plan will also be consistent with the General Plan Amendment for the site previously adopted by the City Council (GPA 79-1; Adopted Mat ..h 19, 1979, Resolution No. 4' 3a) . in addition to permitting these lard uses, the specific plan establishes building height, set-backs and parking regulations, and requires land- scaping and signage to be consistent with City ordinances. The Final Environmental Impact Report (EIR 79-1 was prepared by pacific Environmental Services, Inc. of Santa Monica and has undergone the statutr-y review process (see attached memo) . The one issue identified as a result o ' the environme.ital review is that of Darki.:q. Altho -gh it is believed: that the project plans and specific plan deal ad quatply with thi,b issue, tl%,e Wiliam Lyon Company has prepare..: i a'ternatavQ plan that would provide additional parking should it r required by either the California Coastal Commission or the California Housing Finance Agency. It should be emphasized, however, that during the pre- limi-nary review of this project, neither agency has indicated that additional parking would be required. The William .Lyon Company's development team for this prc;;ect will be present at the joint study Session to review the above alternate plan and to bring the Council and Planning Commission up-to-date on the progress of the -project. AM Af+:er the studs session, the Old Civic Center Specific Pjan and Final ESR will undergo public hearing before the Planning Commi.s5ion an Decem- ber 4, 1979, and the Conurission's recommendations will be forwarded to tl'ie City Council for consideration in Jenuary 148C JWP:SVK:jb AM 0 -�� CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION ilk,ItNCT04 SI 4(11 Io Steve .Kohler, Senior Housing From James R. Barnes 5��7 & Community Development Specialist Associate Planner Sut)1e(.t DOWNTOWN SENIOR CITIZENS pate November 14, 1979 HOUSING/ACTIVITY CENTER -- FINAL EIR (EIR 79-1) Copies of the final environmental impact report for the Downtown Senior Citizens Hcasing/Activity Center, prepared by the environmental consulting "irm of Pacific 'environmental Services, are being forwarded to you for distribution to the Planning Commission and City Council. A draft EIR was circulated for a 45- lay public review period ending September 27, 1979 . A list of the persons and agencies receiving copies of the draft EIR is attached. The final EIR consists of the draft EIR, comments received from persons � and agencies who received copies of the draft EIR, and responses to th.ka corrLnents prepared by the City in conjunction with Pacific Environmental Services. All persons and agencies who commented on the draft EIR have been sent a copy of the final EIR. In your transmittal to the discretionary body with the final jurisdict n over the project, it should be recommended that the EIR be certified as being adequate and in conformance with the California Environmental Quality Act and with. State EIR Guidelines. JRB.df Attached: Distribution List E Final EIR N Ah Y-ti..11 ORDINANCE NO. AN ORD[NANCF. OF THP CITY OF HUNTINQgy)N BEACH AMENDING THE RUNIINGTON BEACH ORDINANCE CODE BY ADDING THERETO NEW ARTICLE 914 ENTITLED, "OLD CIVIC CENTER SPECIFIC PLAN" The City Council of the City of Huntington Beach does ordain as f llows: SECTION 1. The Huntington Beach OLlinance Code is hereby amended by adding thereto r ew N.•-t--!o 914 entitled , "C-.�d Civic Center Specific Plain" to read as follows: 9140. DEFINITIONS. The following words and phrases, used in this article, shall have the meaning specified below: (a) Specific plan shall mean the Old Civic Center Specific Plan as set forth in this article , and as depicted on Maps 1 and 2 contained in this article. (b) Screening walls shall mean any nonload-bearing walls. Where such walls are not part of a habitation, not more than 60 percent of such walls shall be constructed of an opagLe material. (c) Interior setback shall mean those setbacks .-equired between. Site I and Site II as shown on Map 2 at the end of this article. 9141. "IT-) CIVIC UNTER SPECIFIC PLAN FSTABLI,%* ;D.. 'There is hereby established an Ole, Civic Genter Specific Pl<.n, generally !(sated in that area bounded by Main Street can the no:•th , Fifth Street on the east , Orange Avenue on the south and Hai:� h Street orz the west, as shown on Map 1, and more particularly described as: Block 405, Parcol 2; ;UoLk 505 , Par;el 1; city of Huntington Beach, as recorded in Book 24 , page 13 , records of the Assessor , County of Orange , and that portion, of Pecan .Avenue between Fifth and SiAth �;treetw.. JG:b.^ a MAP 1 All RZ RS RZ Rely xR3 2: C J PAN r Cy 3 � ��` y f>�J.�rar�✓` C /' ", `u i I Z ra ('C. J 64 •, I �0 •'�- •.may\`,)� 1//� 91.42. ADMINISTRATION OF :F.,AN. Fropose4 di> velcoment in Site I of this specific plan , a^ depicted Gn Map 2 at the and of this article, shall be subject to approval of a conlitional use permit , pursuant to the requirements contained in Article 984 of this code. 9142. 1 MINOR MODIFICATION. Any miner +nod9ificaticn to an approved conditional use permit shall be submitted in writing; to the Dire tor, describing the exact mollification deeme.: necessary and the reasons therefor. If the Director fin,ls that tine minor modification appliel for is such that a subst-, ntial alteration will occur to the plot plan, relied upon by the city in approving the application for a :conditional use permit , 'ie sha inform tlse developer that .:= new application for a cob ditional use permit 2, is required, pursuant to the provisiors contained in article 984 of this code. 1 9143. GErdf:?1AL DEVELOPMENT STANDARDS. All provisions for development contained in this code shall be met with ^espect to any proposed development in the specific plan except where a con- flict exists, the following development standards sha_1 take precedence a) Building height shall not exceet the limita ,ions estab- lished for each specific site , except that such limit:�.tions shall not include the height of chimneys, flagpoles, scener-r lofts, ornamental to,+ers, spires, domes , cupolas, parapet walls not ex- ceeding four (4) feet , rooftop mechanical equipment , solar-heating apparatus, or other similar appurtenances. (b) Pedestrian walkways shall. be provided throu"hout the specific filar- area. ( c) Perimeter setback requirements for the spec-fic site shall apply to all structu--es over forty-two (42) inenes in height with the exception of screening and perimeter wills. (d) Signs- shall conform to the regulations cont.-tined in Article 976-of this code. (e) ParkingL requirements shall conform to the specific regulations for Site I and Site II, which sites are sl.own on Map 2 at the end of this article. ( f) Landscaping , irrigation and screenings plans shall be provided by a licensed architect or a landscape architect which shall be. approved by the Director prior to issuance of any building permit. Further, all landscaping, irrigatioy: systems and screening shall be installed before final inspection is made. All landscaping, shall he equivalent to or bettjr than that presently found in the specific site area. (g) Per= ter setbacks shall be land—scaped exce,,t driveway Entrances. (h) R-fuse collection areas shall ho eor , ,lased c,:- screened by opaque m-2teri�1 s aF�T es gnerFso that such areas a:,e not readily visible from acoess str;—ts or any adjacent property. Refuse container areas shall not be tooat�..i within 'ch., required setback, and all sueh refuse collection areas shall r;r landscaped to a width of at least three (3) "eet except where ac,�essways are provided. ( i) On-site utility services shall be placed un:erg round except electrica' lines in excess of 12KV. All transformers 3. and termind-al equipment shall be ucreened from view fr sm adjacent streets and prop tF rtles. a Wdg Q ano water, systems shall camp iy wit}: standard plans .and sp7eelflo at.lnns of the city and shall oonnec; .; to the city' s water and sewer systems. 9144. SITE REGULATIOtIS. The Old Civic Center Specific Plan is divided into two sites for purposes of development, ss shown on Mao 2 at the end of this article. Develc?ment of each of the sites shall comply with the specific site regulations set out herein as well as the foregoing general development standards 9145. SITE I REGULATIONS. PERMITTFI) t!,; ; . Residential and/or commercial uses are permitted in the Site I area. 9145. 1. SITE I DEVELOPMENT STANDARDS. BUILDING HEIGHT. No residential structure shall exceed forty-five feet it height ex- cept as provided in the general development standards of this article. 9145. 2. SAME. MAXIMUM SIT- COVERAGE, Total si`,e covers sbal.l not exceed 50 percent of any site. 9145. 3. SAME. INITEKIOR SETBACK. The minimum interior set- back shall be six (6) feet. 9145. 4. SAME. SETBACK FROM PUBLIC STREET. All buildings and structures shall be set back from a public street in accord- ance with the requir^ment.s shown on Map 2 , located at the end of this article , and such :setbacks shah be measured Cron the ultl.- mate rights-of-way. Screening and perimeter walls are excluded from this requirement. 9145.5. P,A"i.' DWELLING ?}11:1T ` T ZE, Facn dwelling unit shah have the following minimum floor area: UNIT TYPE MINIK'M F'LOOF AREA Bachelor and single 400 square feet One bedroom 450 square feet Two bedroom 650 square feet 9145. 7. SASE PARKING REQUIREMENTS. Parkin; facil.ittes ohall be a part of tho d velepment proposal. Arrangf:.ient , drive widt')s , parkin aria IrarlAscaping and sere-erring shall ,conform to "',he requirenients contained in Article 979 of this coc. - On-site parking spares for apsrtm nt structures in Site I shall be based 4, on a ratio of one (1) space per 1. 0 residential unit:;, 9145.8. SAME OPFN SPACF. LANDSCAPING AND SCRE!,NINC RE- Q11tHK,ME;ll`I'S. (a) Fxr.l ding that portion of a setback area re qutred for parking purposes, all setback areas fronting, a public :;t reut and all recreation, leisure and open space art as shall be landscaped and permanently maintained in an attractive manner. (b) Decorative landscape/architectural design Elements such as fountains, pools, benchQs , sculptures, planters, gardens, walkways and similar features may be provided and incorporated as part of the landscape plan. 9145.9. SAME. COMMON OPEN SPACE AND RECREATION; AREAS. (a) Open space and recreation areas shall he provided to serve the recreational and leisure activity needs of residents at a ratio of three hundred (300) square feet per dwelling unit. (b) Common open space and recreation areas may include but need not be limited to game courts , game rooms, , rimming pools, gymnasiums, saunas, putting greens , garden roofs or grounds, common terraces, and other similar facilities. ( c) At least one (1) main recreation area or facility shall be provided , and conveniently located to afford maxim, use to all residents. (d) Enclosed buildings used for recreational or leisure facilities shall not constitute more than 50 percent of the re- quired open space and recreational area. 9145. 10. SAME. PRIVATE OPEN SPACE. Private balconies or patios, to provide private open space for residents , shall be located adjacent to each unit. The minimum area shall be: (a) Studio: 55 square feet with a minimum dimension of 5. 5 feet. (b) One bedroom: 60 square feet with a m1nimur_. dimensions of 5. 5 fret. (c) Two beirooms: 80 square feet with a minimum dimen ' of 5.5 feet. 9145. 11. SAME. LIMIT ON COMMERCIAL USES. No r ore than 5 percent of any total building area shall be devote(' to a com— mercial use. The following commercial uses are permitted: (a) Delicatessen and convenience markets , coffee shops and cafes. 5• (b) Beauty/barber shops and pharmacies. (c) Dry cleaners. (d) Florists. (e) Gift shops. ( f) other commercial uses deemed appropriate b.- the Planning Commission. 9146. SITE II REGULATIONS. PERMITTED USES. he following. uses are permitted in the Site II area: (a) Libraries. (b) Senior citizen (c) Public outdoor :recreation areas. ( 4) Uses attendant to the above. 9146,2. SANE_ PRE-EXISTING USES Any pre-exi.:ting use not inconsistent with the uses speci: i I in the fore.;-,ping section, shall be permitted to remo .n in Site 11, ant. shall be exempt from the regulations Imposed under this specific plan. Almob 91.46.3. SAME. PARKIfiG REQUIREMIsNTS. Any new :%ublic fa- cility , as a recreation center for senior citiz:rns c y, such a , shall have one (1) off-street parking space for every two :Aundred (200) square feet of building area. All off-street parkin--- shall meet the requirements of Article 979 of this code. 9146. 4. SAME. SETBACK FROM PUBLIC STREET. All buildings and structures shall be set back from a public strew. in accord- ance with the requirements shown on :dap 2, 1ccated a`. tine end of this article , and such setbacks shall be measured from the ultimate rights-of-Nay. g146.5. SAME. INTERIOR SE10BACK. The minimur, '-prerior setback shall be six (6) feet. g146.6. SAME:. BUILDING HEIGHT. No trueture shall ex- ceed thirty (30) feet. 9146.7. SAME— MAX MUM SITE COVERAGE. foal si e coverage sha 4.1 not exceed 50 Perce.it of .ny slLe. 9iI16.8. 'IAM-;. r,ANDSCAPING REQ()IRf<adVNx13. (a) At least 20 percent of any site shall be landscaped. (b) A tanedSC {pe plan shall be filed with the D: rector prior 0 final inspection of the foundation of any new str-cture. (c) No new structure shall be occupied or used until all 1andi3caping and irrigation systems bavc be ri irrstall. d, inspected and .tpproved. SFOTION 2. This ordinance shall take effect th- rty days after its adoption. The City Clerk shall certify to the passaf;e of this ordinance and cause same to be published wit.,-,in fifteen days after adoption in the Huntington Beach Independent, a news- paper of general circulation. PASSED AND ADOPTED by the City Council of the CLty of Huntington Beach at a regular meeting thereof held on the day of 1979• Mayor ATTEST: APPROVED AS TO FCRM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: q) IQ I City Administrator Dt'rector of Dev6-A—opment Services re 7. of Ord, No, STATE OF CALIFORNIA ) COUNTY OF ORANCT CITY OF HUNTINCTON BEACH } I, AUC1A M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the day of 14 , and was again read to said City Council at a regular meeting thereof held on the day of , 15 , and was passed and adopted by the affirmative vote of more than a majority of a1.1 the members of said City Council. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: City Clerk and a:'-e,ffici,) Clerk of the City Counc of the City of Huntington Beaci., California r REQU N'ST FOR CITY COUNCIL ACTfON RCA 79-73 Submitted by Floyd G. Belsito Department Administration Date Prepared August 27 , 19 79 Backup Material Attached Yes No Subject COST REPORT ON OLD CIVIC CENTER PROJECT City Administrator's Comments r Zc Information Only Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions: STATEMENT OF ISSUE: Council requested a cost report for all components of the Old Civic Center Project. RECOMMENVTION: For information only, No action is necessary at this time, ANALYSIS: Two alternative budgets are presented for Council review, but no action is necessary at this time.. A Request for Council Action will be coming to Council within sixty days to reprogram available NCD funds , after bids have been received for the Sushard Commur 'ty Center and the Oakviev, Gay Care Center. P10 3178' a " N TINGTON BEACH !NT ER-DEPARTMENT COMMUNICATION MUhTIKGTOV BEACtf To Floyd G. Belsito From James W. Palin, Director City Administrator Development Services Subject OLD CIVIC CENTER PROJECT: Date august 24, 1979 COST REPORT At the City Council study session of July 16, 1979, the Council requested that staff prepare a cost report for all components of the subject project and present such report to the Council within six weeks. Attached is this report forwarded to you for presentation to the Council. Specifically, attached are twc alternative budgets each representing a different level of public infrastructure improvement to accommodate or complement the proposed project. 1. Alternative Budget A This budget represents the costs of public infrastructure improvements. necessary to accommodate the project and represents the complete re- placement of right-of-way improvements surrounding the site; including reconstruction of street sub-surface and pavi.nq, curbs, gutters, and sidewalks. While this might be desirable, it adds substantially to the development costs ($90,000 approx. ) and creates a serious deficiency in budgeted funds ($204,900) . Since a comprehensive revitaiization plan is underway for the Downtown Area, perhaps these infrastructure improvements should be deferred until that plan and its funding sources are identified. In addition, this budget includes the underground utility improvements necessary to accommodate the housing project, architectural Lees and construction costs for the Senior Center, and maintenance and operating costs for the censer for one year, and improvements to the L,ibrafy. Page Two 2. Alternative Budget B This bitdaet is identical to the above, except that the costs for reconstruction or` streets, curbs, guL,:ers, and sidewalks are ex- cluded. Under this budget the existing streets, curbs, autters, and sidewalks would be retained. Where damage occurs during con- struction, the improvements �,ould be repaired and where new curb cuts are needed these would be provided. These repairs or alter- ations would be paid by the Lyon Company on the housin,; site and would be incorporated into -the total construction costs on the public facilities site. 3. .Senior Center Narrative Report In addition, attached is a narrative report regarding maintenance operation and furnishing costs for the new senior center as prepared by the Department of Harbors, Beaches, Recreation, and Parks. This report reveals that staffing and operational costs for the new center arP antic -pated to be similar to the costs currently ex- perienced at the existing center. However, calculation of maintenance and furnishing costs for the new center are tentative at this time. The maintenance costs des- cribed in the following budgets are based on the industrial standard of one dollar ner square foot. These costs greatly exceed the costs currently experienced in other similar city facilities. For examplx the entire maintenance buO-jet for Recreation and Parks buildings for FY 79-80 is $15, 725, and this should be adequate to maintain five clubhouses, four community centers, and the City* Gym. The FY 79-80 maintenance bud.,jet for the existing senior cer.+ 4r is $2, 700 approximately_ Therefore, the application of the industrial standard to the proposed facility appears to result in an inflated maintenance figure. The narrative report also shows a ranger of $0 - $50, 000 for furnishing the new center. This ranee depicts using only existing furniture to acquisition of all new furniture. Since this ranee is so broad, no figure is included in the attached budgets. 4. Proiect Revenue To accurately judge the net cost of these new facilities, it is help- ful to review the revenue generated by the improvements. The develop- merit fees for the housing component of theproject are also attached. This analysis reveals that this project will gene-ate $109,000 in development fees to the City with an additional $39,000 in fees to they County Sanitation District. This, of course, does not consider the tax revenues that would be generated by the housing component. For a more complete analysis, the total project could be subjected to evaluation under the Fiscal Impact Model when it becomes fully operational. I/ Page Three S. Conclusion Both of the alternative budgets show a deficiency of capital outlay funding for the old Civic Center Project. However, the deficiency varies greatly (from $113,000 - $204,000) . Additional funding to fill this deficiency is available through uncommitted, reprogramable, or future years' Housing and. Community Development Funds (staff will return to Council with a complete report on reprogrammahle HCD funds within 60 days) _ In addition, this deficiency is dig* nished sub- stantially by the development fees that will be assessed on the housing component of the project, and perhaps this income should be ear-marked for the public facility to be provided on the site.. Respectfully submitted, zjx'_,t���)V_�� a mes W. Palin, Director Development Services JWP-SVK.gc zvs s OLD CIVIC CENTER PROJECT ALTERNATIVE BUDGET A BUDGETED ITEM COST FUNDS SOURCE 1. Site Preparation a, street improvements 65, 250 ----- b. curb & gutter 15, 600 ----- c, sidewalk 9, 813 ----- d. water mains (for fire hydrants) 21,000 20,000 11CD e. fire hydrants 6, 000 ----- f. hot taps 4,500 33 ----- g. demolition 60,000 60,000 HCD h, landscape alterations 7,500 20,000 HCD i. EIR and site survey 7,042 0 TOTAL $196,705 100,000 ----- SHORTAGE $96,705 2. Senior Citizens Center a. architectural fees 33,333 33, 333 HCD b. construction 416,667 416,667 HCD c. maintenance 10,000* 2,700** HBP & Tt d. operation 5,000 5,000 HBP & R e. furnishing unknown unknown HBP & R $465,000 $457,000 SHOPTAGE $ 73,000 3. Branch Library a. architectural fees 10,714 � ----- b. remodeling 89,286 ---- 100,000 SHORTAGE: $100,000 zy Total Cost $761,705 $557,700 TOTAL SHORTr,,rE $204,005 Based on industrial standard *'* Cost for current center in FY 79-80 CIVIC CENTER PROJECT ALTERNATIVE BUDGET B BUDGETED ITEM COST FUNDS SOURCE 1 . Site Preparation a, street improvements Q (use existing) ---- b. curb & gutter (use existing) ----- c, sidewalk (use existing) ---- d, water mains 21,000 20,000 HCD e. fire hydrants 6,000 ----- f. hot taps 4,500 ---- g. demolition 60,000 60,000 HCD h. landscape alterations 7,:)00 20,000 HCD i. EIP & site survey 7,042 _ 0 ---- TOTAL $106,042 $100,000 i 2. Senior Citizens Center SHORTAGE 6,042 a. architectural fees 33, 333 33, 333 HCD 5. construction 416,667 416,667 HCD 450,000 450,000 c- maintenance 10,000* 27,000** HBP & R d. oneration 5,0')0 5,000 HBP & R e. furnishings unknovn unknown ---- 4fi5,00h) 457,700 3. Branch Library SHORTAGE $ 73,000 a. architectural fees 10 /14 ---- b. remodeling 84,28E ---- 100,000 SHORTAGE $100,000 4. Total Cast $671,042 $557,700 TOTAL SHORTAGE $111,342 * Based on industrail standard ** Cost for current center in FY 79-80 August 22, 1979 COST ANALYSIS FOR :LW SENIORS' CENTER Staff The Center Director/Coordinator position will most J� likely be funded by CETA (if in January of 1982 CETA still exists). Also possibility of field work student from state colleges is one idea to fill this position so there is no cost to the city. The cost for the full-time maintenance man and the temporary positions total $26,839* (inciudes benefits). This figure reflects the (.osts for the 79-80 fiscal year. Obviously irflatio,) factors would have to be built in to determine the costs in January 1982. One alternative might be to use volunteers entirely rather than paid, eRiployees. Running a facility of this type with minimal staff requires close supervision by the supervisor of ;:uman Services. *The Seniors' Outreach staff costs are not included in this figure as this has always been a separate function. Maintenance and The Building Maintenance division has stated that they Operating cannot give accurate, realistic figures for the maintenance of the new center without being able to look at some working drawin-3 (available approximately April 1980). They did say that de could use the industrial standard which is one dollar ($1.00) a square foot per year. If the building is 10,000 square .eet, the cost for maintenance would be $10,000 a year. They stated generally that for the first five years of a new building the maintenance costs are high due to the fact that the "bugs" are being taken care c -. There is a drop in costs for the next ten years and then a sharp increase in maintenance costs for the five years after that. They also recommended that _quality hardware be used as in the long run you save money and they felt that "soft" finishes should be avoided. The coat for operating the present center which is approximately the same size as the proposed center is $4,883*. This figure reflects the 79-80 fiscal year and again inflation factors would have to be built in to determine the costs in January 1982. *Seniors` Outreach costs not included. Furnishing Center There ay-e any number of alternatives that the city could use in furnishing the new center. If the new center were to be furnished completely with new furnishings, then the total casts would be $48,604. See attached list for a list of items at today"s prises. Obviously, if the furniture is purchased sometime in P'81 for a move in of January 1982, inflation factors would have to be built in. The other extreme would be of course to move EWA Page Two ail the old furniture from the old center to the new one. This would result in no cost to the city, but depending on the future usage of the old center, there might have to be expenditures involved in furnishing the old center in some way. It is likely that in two years not all of the present furniture, etc. at the old center will be in sufficient condition to realistically expect to use it in the new center. It is most likely that the cost of furnishing the new center will be somewhere between NO COST and the $48,G04 (plus inflation) figure. Naturally, it is anyone's guess at this point as to what that cost might be. { PRESENT DAY COST TO FURNISH ;V SENIORS' CENTER COMPLEX - Au_ 22, 1979 Cushion Chairs 29 @ $145 = $ 4205 Plastic Chairs 300 @ $22 = $ 6600 Typing Chairs 5 @ $103 = $ 515 Wall Pictures 3 @ $1.0 = $ 30 Typewriters (rented) 2 @ $30 = $ 60ii,onth rental x 12 months = $720 for one year Adler Typewriter 3 @ $700 = $ 2100 Manual Typewriter I @ $650 = $ 650 IBM Selectric 1 @ $950 = $ 950 Typewriter Tables 5 @ $142 = $ 710 Typewriter Stands 3 @ $ 70 = $ 210 Coat Racks 3 @ $ 78 = $ 234 Podium 1 @ $110 = $ 11e TV Set 1 @ $600 = $ 600 Hi Fi Set 1 @ $200 = $ 200 Snooker Table 1 @ $1500 = $ 1500 Pool Tables 3 @ $1000 = $ 3000 Table Cabinet 1 @ $145 = $ 145 Overstuffed Chair 1 @ $250 = $ 250 Hanging Wall Scorers 2 ,a $ 50 = $ 100 5-Drawer Filing Cabinet 1 @ $311 = $ 311 4-Drawer Filing Cabinet 11 @ $260 = $ 2860 2-Drawer Filing Cabinet 1 @ $150 = $ 150 Black Cush. Side Chair 3 @ $200 = $ 600 Record Player i @ $ 75 = $ 75 Refrigerator 1 @ $700 = $ 700 Card Tables 12 @ $ 50 = $ 600 Electric Clock 2 @ $ 45 = $ 90 6-Foot Tables 62 @ $ 80 = $ 4960 Hanging Wall Bul. Brd. 4 @ $ 27 = $ 108 Desks 20 @ $320 = $ 6400 Desk Arm Chairs 16 @ $145 = $ 2320 Swag Lamp 1 @ $100 = $ 100 Blackboards 3 @ $ 56 = $ 168 Index Card Files 4 @ $ 7 = $ 26 Book rases 3 @ $300 = $ 900 Water Cooler 2 @ $6.50 = $ 13/month rental x 12 months _ $156 for one year Page Two Rollers for moving 6-Foot Tables 6 @ $ 80 = $ 480 Wastebaskets 26 @ $ 46 = $ 1196 Square Coffee Table 1 @ $150 = $ 150 Desk File Box 4 @ $ 9 = $ 36 8-Foot Tables 2 @ $ 95 = $ 190 10-Foot Tables 1 @ $110 = $ 110 3MVQC Copier Machine 1 @ $ 50 = $ 50/month rental x 12 months = $600 for one year Large Roun:: Table 1 @ $150 = $ 150 Couch 2-Cushion 1 @ $522 = $ 522 Aluminum 10-Foot Ladder 1 @ $ 50 = $ 50 Chairs Upholstrired 14 @ $ 75 = 1050 Pall Down Projector Screen 1 @ $ 60 = $ 60 Portable Projector Screen 2 @ $ 90 = $ 180 Bell & Howell Projector, 16mm 1 @ $475 = $ 475 TOTAL *$48,604.00 *NOTE: Amount includes total cost of rental items for one year. OLD CIVIC CENTER PROJECT DOUSING COMPONENT -DEVELOPMENT 'FEE REVENUE- ITEM FEE RATE TOTAL 1. Conditional Use Permit $75.00;arplication $ 75.00 2. Drainage Fee N/A ------ 3. Water Fee $30.00/unit 4710.00 4. Sewez Fee $60. 00/unit 9420.00 5. Cult:,,ral E.irichment Fee $ .05 sq. ft. 6668.35 6. Street Improvement Fee $50.00/unimproved tT/A feet frontage 7_ Park & Recreation 0 bdrm.$389 (unit 3890.00 (10 un.) 1 bdrm.$492 (138 unit) 67,896.00 2 bdr;n. $759 (9 unit) 6,831.00 S. Building Permit and $5 million valuation 9, 679.00 Plan Check CITY FEE TOTAL $109 ,169 .35 9. Co. Sanitation Fee $250.,/unit 29 ,250. TOTAL FEES $148,419.35 CITY OF HUNTINGTON BEACH CITY COUNCIL 1 ADJOURNED SESSION JULY 16, 1979 6:30 PM ORDER OF CONSIDERATION OLD CIVIC CENTER PROJECT 1. Roll Call 2. Progress Report on senior Housing and Recreation Facilities on Old Civic Center Site (Kohler) . 3. Summary of Participation. Agreement 4. Summary of architectural Services Agree- ments for both New Senior Citizens Canter and Remodel of Main Street Branch Library 5. Review of Resolution of Intent: Vacation of Pecan Avenu— Right-of-Way 6. Council Determination Regarding Deg: `qn Review Board Consideration of Old Civic Center Project 7. Adjourn to 7:30 PM Meeting QUEST FOR CITY �OUNCIL ACTION SrJbmitied by James W. Palin QepartmentDevelopment Services Date Preparod July 3, , 1979 Backup Material Attached E Yes [] No Subject _, ARCHITECTURAL SERVICES CONTRACTS; OLD CIVIC CENTER PROJECT City Administrator's Comments No action required at the July 16, 1979 Study Session. If the City Council concurs, this ita_m will be scheduled on the August 6, 1979 regular Council meeting. Statement of Issue, Recommendation,Analysis, Funding✓.wrce. Alternative Actions: STATEMENT OF ISSUE: To implement the construction of a new Senior Citizens Recreation Center and a remodel of the Main Street branch library, construction drawings and specifications must be prepared. To pt2rmit this action, the attached contracts for architectural services have been prepared for the City Council's consideration. RECOMMENDATION: Approve and order the City Clerk to execute the attached contracts by the architectural firm of Kamnitzer, Cotton, Vreeland, for services regarding the new Senior citizen recreation center ($33,333) and the Main Street branch library ($10,714) . ANAL'YS I S: The conceptual plans for the new senior citizens recreation center and the Main Street branch library were included in the proposal pre- sented to the City Council on April 2, 1979, by the Wm. T,,yon Company. Although the Lynn Company's proposal was selected by the CJuncil at that. time, significantly more work is required to prepare the actual con- struction documents necessary for the City to request bids for the construction of these facilities. The attached contracts stipulate that the following stages are to be completed by the Kamnitzer, Cotton, Vreeland firm, and that the City will pay the i3zdicated percentage of the fees as follows: Schematic Design Phase . . . 15 percent De ign Development . . . . . . 20 " Construction Documents . . . 50 it Bidding � '►• . a a b } J Construction . . . . 10 °Y roio �a Page 2 Therefore, these contracts will include the participation of the architect through all design phase:,, the preparation of all necessary construction: documents, assistance with receiving and analyzing bids, ' and supervision eluring constrti?ction. The fees for these services were calculated as follows: Senior Citizen. Recreation Center: $ 33, 333 -s-g percent:of a construction budget of $416,667) Total Budget: $450,O00 Main. Street Branch Library Remodel: $ 10,7? 4 (Twelve (12) percent of a budget of $89,236) Total Budget: 1001000* *Funds not yet committed by Cou-Zcii. ALTERNATIVES: Without execution of a contract for architectural services, the project will fall behind schedule. FUNDING SOURCE: U.S. Department of Housing and Urbr.n Development, Ht:using and Community Development Program: $450,000 - Senior Citizen Fecteation. Center City Funds: $100,000 -- Library Remodel (not yet committed by Council) Respectful'.y submitted, J es W. Palin, Director Development Services JWP:SVfK df Attachments THE AMERICAN INSTITUTE OF ARCFRECTS AIA Document 6141 Standard r i of AgreementBetween Architect.Owner and 1977 E.( MON `r. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES,CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT-TO ITS COMPLF,TION OR MODIFICATION AGllNT made as of the day of in the year of Nineteen Hundred and Seventy Seven VETWEEN the Owner: The City of Huntington Beach and approved by the Huntington Beach City Council and the Architect: Kamnitzer, Cotton, Vreeland For the following Project. (include detailed description ei Project location and scope) New Senior Citizens Center at old Civic Center Site The Owner and the Architect agree as set forth below, copyrlpht 19/7,1m,1%$'IM,1%3,'Ize,JUI,19b.7,19u5,19L7,1970,1914,0 1977 by r'ne Ametiun Inst.ate of Archkaw,17da NeW York AWrow,N.W,,Wsahinston,O,C;2=. Reproduction o.the. materiat 'teretn or tubamralal tation of Its pmvIslons without pemistion of tho ALA violates the wpyright fawn of the United Stains and 1ryuoba wbject,to I"A preo=done AIA VOCUMENY idol•OWN&A•AacHITEC1f AGREEMENT•TKIMEWTH EWTION•JULY 1977•AIAO.n 19n THE AMEBIGW IsSTITWE OF AACNITECTS, 173$ NEW Y= AYENUi, N:W„ WASHINGTON, D.G 20005 Bi4i-S�TI E)(HIBIT "A" TO AGREEMENT DATED 1979, BY AND BETWEEN OWNER AND ARCHITECT The terms and conditions of AIA Document B141, Owner-Architect Agreement, July 1977 Edition are hereby modified as follows: 1. Article 6 - Payments to Architect - Delete Section 6 .1.1 thereof in its entirety and substitute the following therefor: "Payments for Basic Services shall be made monthly in proportion to services performed so that the compensation at the completion of each phase shall equal the following percentages of the total Basic Compensation.: " Schematic Design Phase 15% Design Development Phase 20% Construction Documents Phase 50€ Bidding Phase 5% Construction Phase 10% Add wording in Subsection 6.2.1 as follows: "All such statements shall be certified under penalty of perjury by a principal of Architect to be true and correct services performed and in the case of Basic Services, t:_e ratio of such services to the total of any phase of the work to which such services relate." 2. Delete Article 14 in its entirety and substitute wording as hollows: "The Owner shall compensate the Architect for Basic Services as des- cribed in Article 1 the total sum of $33,333 which represents 8.0 percent of a construction budget of $416,667 and payments shall be made in accordance with the provisions of Article 6 above. " "The Architect s)-all provide professional services for the project in accordance with the Terms and Conditions of this Agreement." "The Owner and Architect agree in accordance with the Terms and Con- ditions of this Agreement that if the scope of the project is changed materially, compensation shall be subject to renegotiation. " 3 Add Article 11 . 5. "Architect agree;; to indemnify, held harmless and defend City in all actions arising from all activities purstant to this contract. Architect further agrees to provide workers , compensation insurance and supply proof of such insurance on the Cityts Insurance form. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWN.R AND ARCHITECT ARTICLE 1 ments to previous Statements of Probable Construction ARCHITECT'S SERVICES AND RESP®MSI(3ILITIES Cost indicated by changes in requirements or general market conditions. BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection The Architect's Basic Services consist of the five with the Ovvner's asponsibility for filing documents re- phases described in Paragraphs 1.1 through 1.5 and quired for the approval of governmental authorities hav- include normal structural, mechanical and electrical ing jurisdiction over the Project. engineering services and any other services included 1.4 BIDDING OR NEGOTIATION PHASE in Article 15 as part of.basic Services. 1.4.1 The Architect, following the Owner's approval of 1.1 SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement 1.1.1 The Architect shall review the program furnished of Probable Construction Cost, shall assist the Owner in by the Owner to ascertain the requirements of the Project obtaining bids or negotiated proposals, and assist in and shall review the understanding of such requirements awarding and preparing contracts for construction. with the Owner. 1.5 CONSTRUCTION PHASE—ADMINISTRATION 1.1.2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION CONTRACT tion of the program and the Project budget requirements, 1.5.1 The Construction Phase will commence with the each in terms of the other, subject to the limitations set award of the Contract for Construction and,together with forth in Subparagraph 3.2.1. the Architect's obligation to provide Basic Services under 1.1.3 The Architect shall review with the Owner alterna- this Agreement,will terminate when final payment to the :ive approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate 1.1.4 Based on the mutually agreed upon program and for Payment or of such due date,sixty days after the Date Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work,whichever occurs for approval by the Owner,.Schematic Design Documents first. consisting of drawings and other documents illustrating 1.5.2 Unlvss otherwise provided in this Agreement and the scale and relationship of Project components. incorporated in the Contract Documents, the Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current tion as set forth below and in the edition, of AIA Docu- area,volume or other unit costs. ment A201, General Conditions of the Contract for Con- struction,current as of the date of this.4greement. 1 2 DESIGN DEVELOPMENT PHASE 1.5.3 The Architect shall be a representative of the 1.2.1 Based on the approved Schematic Design Docu- Owner during the Construction Phase, and shall advise ments and any adjustments authorized by the Owner in and consult witt the Owner. Instructions to the Contrac- the program or Project budget, the Architect shall pre- for shall be forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development tect shall have authority to act on behalf of the Owner Documents consisting of drawings and other documents only to the extent provided in the Contract Documents to fix and describe the size and character of the entire unless otherwise modified by written instrument in ac- Project as to architectural,structural,mechanical and elec- cordance with Subparagraph 1.5.16, trical systems, materials and such other elements as may 1.5.4 The Architect shall visit the site at intervals ap- be appropriate. propriate to the stage of construction or as otherwise 11.2.2 The Architect shall submit to the Owner a further agreed by the Architect in writing to become generally Statement of Probable Construction Cost. familiar with the progress and quality of the Work and to 1.3 CONSTRUCTION DOCUMENTS PHASE determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- 1.3.1 Based on the approved Design Development Doc- tect shall not be required to make exhaustive or con- uments and any further adjustments in the scope or qual- tinuous on-site inspections to check the quality or quan- ity of the Project or in the Project budget authorized by tity of the Work. On the basis of such on-site observa- the Owner, the Architect shall prepare, for approval by tions as an architect; the Architect shall keep the Owner the Owner, Construction.Documents consisting of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard the Owner against defects and ments for the construction of the Project. deficiencies in the Work of the Contractor. 1.3.2 The Architect shall assist the Owner in the prepara- 1.5.5 The Architect shalt not have control or charge of tion of the necessary bidding information,bidding forms, and shall not be responsible for construction means, the Conditions of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or for ment between the Owner and the Contractor. safety precautions and programs in connection with the 1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, Sol_- AIA DOCUMENT 0141+OWNER-ARCHITECT AGREEMENT•THIRTEENTH EDMON-JULY 1977•AIAs.01977 THE AMERICAN INST17UTE Of ARCHITECTS, 1735 NEW YORK AVENUE, NW, 1YASHINGTON D,C. 2OX6 8141'-1977 3 con' actors or any other persons performing any of the necessary or advisable for the implementati-n of Cie Intent Work, or for the failure of any of them to carry out the of the Contract Documents,the Architect will have author AOL - Work in accordance with the Contract Documents. ity to require special inspection or testing of the Work in 1.5.6 The Architect shall at all 2 mes have access to the accordance with the provisions of the Contract Docu- Work wherever it is in preparatio:,or progress. ments, whether or not such Work be then fabricated, in- stalle i or completed. 1.:s,7 Th: Architect shall determine the amounts owing 15.13 The Architect shall review and approve or take to the Contractor based on or's Applications 3 t the site and on other appropriate action upon the Contractor's submittals evaluations of the Contractor's Applications for Payment, such as Shop Drawings, Product Data and Samples, but and shall issue Certificates for Payment in such amounts, only for conformance with the design, concept of the as provided in the Contract Documents. Work and with the information given in the Contract 1.5.8 The issuance of a Certificate for Payment shall Documents, Such action shall be taken with reasonable constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap- based on the Architect's observations at the site as pro- prova)of a sr-cific item shall nr,t indicate approval of an vided in Subparagraph 1.5.4 and on the data comprising assembly of w.,ich the item is a component. the Contractor's Application for Payment, that the Work 1.5.14 The Architect shall prepare Change Orders for has progressed to the point indicated; that,to the best of the Owner's approval and execution in accordance with the Architect's knowledge,information and belief,the qual- the Contract Documents,and shall have authority to order ity of the Work is in accordance with the Contract Docu- minor changes in the Work not involving an aaiustment meats (subject to an evaluation of the Work for con- in the Contract Sum or an extension of the Contract Time formance with the Contract Documents upon Substantial which are not inconsistent with the intent of the Contract Completion, to the results of any subsequent tests re- Documents, quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- 1.5.15 The Architect shall conduct inspections to deter- rectable prior to completion,and to any specific qualifica- mine.he Dates of Substantial Completion and final com- tions stated in the Certificate for Payment); and that the pletion. shall receive and forward to the Owner for the Contractor is entitled to payment in the amount certified. Owner's review written warranties and rt:ated documents However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay- examination to ascertain how and for what purpose the ment. Contractor has used the moneys paid on account of the 1,5.16 The extent of the duties, responsibilities and lim- Contract Sum. itations of authority of the Architect as the Owner's rep- 1.5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or quirements of the Contract Documents and the judge of extended without written consent cf the Owner,the Con- the performance thereunder by both the Owner and tractor and the Architect. Contractor.The Architect shall render interpretations nec- 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES essary for the proper execution or progress of the Work with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- the Owner or the Contractor,and shall render written de- tensive representation at the site than is de.cribed in cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be provided, the Architec, shall pro- and other matters In question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. Work or the interpretation of the Contract Documents. 1,6.2 Such Project Representatives shall be selected,em- 1.5.10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed be- from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex- graphic form. in the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of ante by both the Owner and the Contractor, shall not such Project Representatives. show partiality to either, and shall not be liable for the 1.6.3 Through the observations by such Project Repre- result of any interpretation or decision rendered in good sentatives, the Architect shall endeavor to provide further faith in such capacity. protection for the Owner again>:"efects and deficiencies 1.5.11 The Architect's decisions in matters relating to in the Work,but the furnishing of such project representa- artistic-effect shall be final if consistent with the intent of tion shall not modify the rights,responsibilities or obliga- the Contract Documents, The ^rchibect's decisions on tions of the Architect as described in Paragraph 1.5 any other claims, disputes or other matters, including 1,7 ADDITIONAL SERVICES those in question between the Owner and the Contractor, The following Services are not included in Basic shall be subject to arbitration as provided in this Agree- Services unless so identified in Article 15. Tito shall ment and in the Contract Documents. be provided if authorized or confirmed in writing by 15.12 The Architect shall have authority to reject Work the Owner,and they shall be paid for by the Owner which does not conform to the Contract Documents. as provided in this Agreement, in addition to the Whenever, in the Architecrs reasonable opinion, it is compensation for Basic Services. ALA DOCUMENT$41•0WNER•ARCHITECT AGREEMENT- THIRTEENTH EDITION-IULY 1977 AIA.o•ID 1977 4 0141-1977 THE AWRiCAX INSTITUTE Or ARCHITECTS, IM NEW YORK AVENUE. NAV, WASHINGTON. DC 20006 1.7.1 Providing analyses of the Owner's needs,and pro- struction, and furnishing services as may be required in g,ramming the requirements of the Project connection with the replacement of such Work. 1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default Studies. of the Contractor, or by major defects or deficiencies in 1,7.3 Providing planning surveys, site evaluations, envi- the Work of the Contractor,or by failure of performance of either the Owner or Contractor under the Contract for rorimental studies or comparative studies of prosrective Construction. sites, and preparing special surveys, studies and submis- sions required for approvals of governmentai authorities 1.7.17 Preparing a set of reproducible record drawings or others having jurisdiction over the Project. showing significant changes in the Work made during construction based on marked-up prints, drawings and 1.7.4 Providing services relative to future facilities, sys- other data furnished by thr, Contractor to the Architect. tems and equipment which are not intended to be con- 1 718 Providing extensive assistance in the utilization of strutted during the Construction Phase. any equipment or system such as initial start-up or testing, 1.7.5 Providing iyices to investigate existing conditions adjusting and balancing, preparation of operation and or facilities or to make measured drawings thereof, or to maintenance manuals, training personnel for operation verify the accuracy of drawings or other information fur- and maintenance, and consultation during operation. nished by the Owner. 1.7.19 Providing services after issuance to the Owner of 1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Date or Substantial Completion of the Work, completion of the Construction Documents Phase, when 1.7.20 Preparing to serve or serving as an expert witness requested by the Owner, in connection with any public hearing, arbitration pro- 1.7.7 Providing coordination of Work performed by ceeding or legal proceeding. separate contractors or by the Owner's own forces. 1.7.21 Providing services of consultants for other than V_7.& Providing services in connection with the work of the normal architectural, structural, mechanical and elec- a construction manager or separate consultants retained trical engineering services for the Project. by the Owner. 1.7.22 Providing any other services not otherwise in- 1.7.9 Providing Detailed Estimates of Construction Cost. cluded in this Agreement or not customarily furnished in analyses of owning and operating costs,or detailed quan- accordance with generally accepted architectural practice. tity surveys or inventories of material, equipment and 1.8 TIME labor. 1.8.1 The Architect shall performiBasic and Additional 1.7.10 Providing interior design and other similar ser- Services as expeditiously as is consistent with professional vices required for or in connection with the selectin,t, skill and care ind the orderly progress of the Work.Upon procurement or installation of furniture, furnishings and request of the Ow,"r, the Architect shall submit for the related equipment. Owner's approval, a schedule for the performance of the 1.7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as spaces. the Project proceeds,and shall include allowances for peri- ods of time required for the Owner's review and approval 1.7.12 Making revisions in Drawings, Specifications or cl submissions and for approvals of authorities h;-:,ng other documents when such revisions are inconsistent lursdiction over the Project This schedule,when approved with written approvals or instructions previously given, by the Owner, shall not; except for reasonable cause, be are required by the enactment or revision, of codes, laws exceeded by the,Architect. or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. ARTICLE 2 1.7.13 Preparing Drawings,Specifications and supporting THE OWNER'S RESPONSIBILITIES data and providing other services in connection with Change Orders to the extent that the adjustment in the 2.1 The Owner shall provide full information regarding Basic Compensation resulting from the adjusted Con- requirements for the Prcject including a program, which struction Cost is not commensurate with the services re- shall set forth the Owner's design objectiv--s, constraints quired of the Architect,provided such Change Orders are and criteria, including space requirements and relation- required by causes not solely within the control of the ships,flexibility and expandability,special equipment and Architect. systems and site requirements. 1.7.14 Makin 2,2 If the Owner provides a budget for the Project it g investigations, surveys, valuations, Inv rv- shall include contingencies for bidding, changes in the tones detailed appraisals existing facilities, and se Work during construction, and other costs which are the ices required in connection with construction performeedd responsibility of the Owner, including those described in by the Owner, this Article 2 and in Subparagraph 31.2.The Owner shall 1.7.15 Providing consultation concerning replacement of at the request of t;,_ Vchitect, provide a statement of any Work damaged by fire or other cause dunnF ;.on- funds available for the Project,and their source, AIA DOCUMENT F141+OWNER-ARCHITECT ACREEMFN7 THIRTEENTH EDITION+ JULY 19*r+ AIA®.01977 THE AMERiCAN INSTITUTE Or ARCHi7FC.5 1735 NEW YOU AYENCE N w. WASHINGTON, D C. 20006 6141-1977 5' 2.3 The Owner shall designate, when necessary, a rep- signed, specified, selected or specially provide. for by resentative authorized to act in the Owner's behalf with the Architect. respect to the Project. The Owner or such authorized 3.1.3 Construction Cost does not include the compea- representative shall examine the Documents submitted by sation of the Architect and the Architect's consultants, the Architect and shall render decisions pertaining thereto the cost of the land, rights-of-way, or other costs which promptly,to avoid unreasonable delay in the progres v are the responsibility of the Owner as proviced in Arti- the Architect's services, cle 2. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST grades and lines of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State ing property; rights-of-way, restrictions, easernews, en- ments of Probable Construction Cost and Detailed croachments, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, prepared by the contours of the site; locations, dimensions and complete Architect, represent the Architect's best judgment as a data pertaining to existing buildings, other improvements design professional familiar with the construction indus- and trees; and full information concerning available serv- try- It is recognized, however, that neither the Architect ice and utility lines both public acid private, above and nor the Owner has control over the cost of labor, mate- below grade,including inverts and depths, rials or equipment, over the Contractor's methods of de- 2-5 The Owner shall furnish the services of soil engi- termining bid prices,or over competitive bidding,market neers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect necessary by the Architect.Such services shall include test cannot and does not warrant or represent that bids or borings, test pits,soil bearing values,percolation tests,air negotiated prices will not vary from the Project budget and water pollution tests,ground corrosion and resistivity proposed, established or approved by the Owner, if any. tests,including necessary operations for determining sub- or from any Statement of Probable Construction Cost or soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Archi- ate professional recommendations, tect. 2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be estab- chemical and other laboratory tests, inspections and re- lished as a condition of this Agreement by the furnishing, ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub- 2.7 The Owner shall furnish all legal,accounting and u1- paragraph 1.1 2 or Paragraph 2.2 or otherwise,unless such surance counseling services as may be necessary at any t limit has been agreed upon wining and signed by time for the Project, including such auditing services as thhee parties hereto. 1# such a fixed limit has been estab- the Owner may require to verify the Contractor's Applica- tinged, the Architect shalt be permitted sc include con- tions for Payment or to ascertain how or for what pur- to mne for design,bidding and price escalation,to de- posesdhe Contractor uses the moneys paid by or on be- and typ what materials, equipment, component systems Con- half of the Owner, and types of construction are to be included in the Con- tract Documents, to make reasonable adjustments in the 2.8 The services, information, surveys and reports re- scope of the Project and to include in the Contract Docu- quired by Paragraphs 2.4 through 2.7 inclusive >hall be merits alternate bids to adjust the Construction Cost to the furnished at the Owner's expense,and the Architect shall fixed limit Any such fixed limit shall be increased in the be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum occurring thereof, after execution of the Contract for Construction. 2.9 If the Owner observes of otherwise becomes aware 3.2.3 if the Bidding or Negotiation Phase has not com- of any fault or defect in the Project or nonconformance menced within three months after the Architect submits with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad- 2.10 The Owner shall furnish required information and justed to reflect any change in the general level of prices services and shall render approvals and decisions as ex- in the construction industry between the date of submis- peditiously as necessary for the orderly progress of the Sion of the Construction Documents to the Owner and Architect's services and of the Work. the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction ARTICLE 3 Cost (adjusted as provided in Subparagraph 3,2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- CONSTRUCTION COST posal, the Owner shall (1) give written approval of an 3.1 DEFINiTION increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if 3.1.1 The Construction Cost shall be the total cost or the Project is abandoned, terminate in accordance With estimated cost to the Owner of all elements of the Project Paragraph 10.2, or (4) cooper in revising the Project designed or specified by the Architect, scope and quality as required to reduce the Construction 3.1.2 The Construction Cost shall include at current Cost.III the case of(41,provided a fixed limit of Construc- market rates, including a reasonable allowance for over- tion Cost has been established as a condition of this Agree- head and profit,the cost of labor and materials furnished ment, the Architect,without additional charge,shall mod- by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply AIA.D000MENT t141•OwNER-ARCHITECT AGREEMENT-THIRTEENTH EDITION-IULY 1977-AIAR-m 1977' 6 9141-19" THE AMIERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVENUE, N W, WASHINGTON, D.0 2M with the fixed limit.The providing of such service shall be or extended through no fault of the Architect, compensa- the limit of the Architect's responsibility arising from the lion for any Basic Services required for such extended establishment of such fixed limit,and laving done so,the period of Administration of the ConstruL,ion Contract Architect shalt be entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addr- performed, in accordance with t'.is Agreement, whether tional Services. or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are ARTICLE 4 deleted or otherwise not constructed, compensation for DIRECT PERSONNEL EXPENSE such portions of the Project shall be payable to the extent. services are performed on such portions, in accordance 4." Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 14.2.2,based apes of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or, ect, and the portion of the cost of their mandatory and (2) if no such bid or proposal is received,the most recent customary contributions and benefits related thereto,such Statement of Probable Construction Cost or Detailed Esti- as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project. fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAL SFRVICES ARTICLE 5 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services 5.1 Reimbursable Expenses are in addition to the Com- rendered or expenses incurred P-ensarion for Basic and Additional Services and include 6 3 PAYMENTS WITHHELD actual expenditures made by the Architect and the Archi tect's employees and consultants in the interest of thr 6.3.1 No deductions shall be made from the Architect's Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages paragraphs: c, other sums withheld from payments to contractors, or 5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in connection with out-of-town those for which the Architect is held legally liable. travel; long distance communications, and fees paid for 6.4 PROIE,,,'T SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over 6.4.1 if the Protect is suspended or abandoned in whole the Project. or in part for more than three months, the Architect shall 5.1.2 Expense of reproductions, postage and handling of be compensated for all services performed prior to receipt Drawings,Specifications and other documents, excluding of written not.ce from the Owner of su:h suspension or reproductions for the office use of the Architect and the abandonment, together with Reimbursaole Expenses then Architect's consultants. due and all Termination Expenses as defined in Paragraph 5.1.3 Expense of data processing and photographic pro- 10 4 If the Project is resumed after being suspended for duction techniques when used in connection with Addi- more than three months, the Architect's compensation ttonaj Services, shall be equitably adjusted. 5.1.4 If authorized in advance by the Owner,expense of overtime work requiring higher than regular rates. ARTICLE 7 5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS quested by the Owner, 5.1.6 Expense of any additional insurance coverage or tat Records it Reimbursable Expenses and expenses on limits,including professional liability insurance, requested the basis to Additional Services and services Expense by the Owner in excess of that normally carried by the the basis n a e Multiple of Direct ly accepted Expense shall Architect and the Architect's consultants be kept on the basis of generally accepted accounting principles and shalt be available to the Owner or the ARTICLE 6 Owner's authorized r?presentative at mutually convenient times. PAYMENTS TO THE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS 6.1.1 An initial payment as set for_n in Paragraph 14.1 is 8.1 Drawings and Specifications as instruments of serv- the minimum payment under this Agreement, ice are and shall remain the property of the Architect 6.1.2 Subsequent payments for Basic Services shall be whether the Project for which they are made is executed made monthly and shall be in proportion to services per- or not,The Owner shall be permitted to retain copies,in- formed within each Phase of services, on the basis set chiding reproducible copies, of Drawings and Specifica- forth in Article 14, tions for information and reference in connection with the 6.1.3 If and to the extent that the Contract Time initially Owners use and occupancy of the Project.The Drawings established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on AIA DOCUMENT 8141 OWNK-AR041TECT AGREEMENT+THIRTEENTH EDITION-JULY 1977 •AIAe.01973 THE AMERSCAN INSTITUTE uE ARCHITECTS, 1735 NEW YOKK AVENUE, N W. WASHINGTON, 0 C 2ON6 5141-1977 7 other projects,for additions to this Project,or for comple- 10.4 Termination Expenses include expense, directly at- tion of this Project by others provided the Architect is not tributable to termination for which the Architect is not in default under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a writing and with appropriate compensation to the Archi- percentage of the total Basic and Additional Compensa- tect. lion earned to the time of termination,as follows: 8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Sche- requirements or for other purposes in connection with the matic Design Phase;or Project is not to be construed as publication In derogation .2 10 percent if termination occurs duri:lg the Design of the Architect's rights. Development Phase;or .3 5 percent if termination occurs during any subse- ARTICLE 9 quent phase ARBITRATION ARTICLE 1.1 9.1 All claims, disputes and other matters in question MISCELLANEOUS PROVISIONS between the parties to this Agreement, arising out of or 11.1 Unless otherwise specified, this Agreement shall be relating to this Agreement or the breach thereof,shall be p 3 decided by arbitration in accordance with the Construe- governed by the law of the principal place of Lusiness of lion Industry Arbitration Rules of the American Arbitra- the Architect. lion Association then obtaining unless the parties mutu- 11.2 Terms in this Agreement shall have the same mean- ally agree otherwise. No arbitration, arising out of or re- ing as those in AIA Do;:ument A201, General Conditions lating to this Agreement,shalt include, by consolidation, of the Contract for Construction, current as of the date joinder or in any other manner,any additional person not of this Agreement, a party to this Agreement except by written consent con- 11.3 As between the parties to this Agreement, as to all taining a specific reference to this Agreement and signed acts or failures to act by either party to this Agreement, by the Architect, the Owner,and any other person sought any applicable statute of limitations shall commence to to be joined.Any consent to arbitratian involving an ad- run and any alleged cause of action shall be deemed to ditional person or persons shall not constitute consent to have accrued in any and all events not later than the reie- :rbitration of any dispute not described therein or with vant Date of Substantial Completion of the Work, and as any person not named or described therein. This Agree- to any acts or failures to act occurring after the relevant ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion,not later than the date of additional person or persons duly consented to by the issuance of the final Certificate for Payment. parties to this Agreement shall be specifically enforceable 11.4 The Owner and the Architect waive all rights under the prevailing arbitration law. against each other and against the contractors, consult- 9.2 Notice of the demand for arbitration shall be filed in ants,agents and employees of the other for damages cov- writing with the ether party to this Agreement and with ered by any property insurance during construction as set the American Arbitration Association. The demand shall forth in the edition of AIA Document A201,General Con- be made within a reasonable time after the claim,dispute di ions, current as of the date of this Agreement. The or other matter in question has arisen. to no event shall Owner and the Architect each shall require appropriate the demand for arbitration be made after the date when similar waivers from their contractors, consultants and institution of legal or equitable proceedings based on agents. such claim,dispute or other matter in question would be barred by the applicable statute of limitations. ARTICLE 12 9.3 The award rendered by the arbitrators shall-be final, and judgment may be entered upon it in accordance with SUCCESSORS AND ASSIGNS applicabl-law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and ARTICLE 10 to the partners, successors, assigns and legal representa- TERMINATION OF AGREEMENT tines of such other party with respect t,,all covenants of this Agreement,Neither the Owner nor the Architect shall 10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement upon seven days' written notice should the other party without the written consent of the other. fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. ARTICLE 13 10,2 This Agreement may be .ermirated by the Owner upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT in the event that the Project is permanently abandoned. 13.1 This Agreement represents the entire and integrated 1"_ In the event of termination not the fault of the Ar• agreement between the Owner and the Architect and chttect,the Architect shall be compensated for all services supersedes all prior negotiations,representations or agree- performed to termination date, together with Reimburs- ments, either written or oral. This Agreement may be able Expenses then due and all Termination Expenses as amended only by written instrument signed by both defined in Paragraph 10,4. Owner and Architect. AIA DOCUMENT 1141-OWNER•ARCHITECT AGREEMEtn.TWATEENTH EDITION-tULY 1977-MAO-01977 6 ,a1i1-1'377 THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 N:w YORx AVCM E N W. WASHINGTON, O C 20006 Attached hereto is Exhibit "A" to this Agreement which is incorporated. by reference herein as though fully set forth in the place, first appearing in this document. This Agreement executed thq day and year first written dove. ,r t � f By y Mayor Ka itzer, Cotton, Vreeland Date: L ATTLST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED INITIATED AND APPROVED AS TO CONTENT: /P-,V qn, City Administrat'oi _ ector of evelopment Services Non H h E 6 Aid �l �I-f 11TE E �RECTS AIA Document B741 Standard Form of Agreement 2etween Owner and Architect EDMoN k,. TH15 DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTAT%ON WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the day of in the year of Nineteen Sp Hundred and severity seven BETWEEN the Owner: The City of Huntington Beach -and approved by the Huntington Beach City Council ana the Architect: Kamnitzer, Cotton, Vreeland For the following Project: (Include deviled description of Project location mnd scope.) { Main. Street Br-Inch Library Remodel The Owner and the Architect agreol as suet forth below, Copyrl�ttt 1917,192b,1965,1M1,19S3,19m,Im,1%3,1w,19ti7,197Q 1974,y 1977 by The Amer cin tmtitute of Attltttects,17M New York Avenges, NW.,Washington, D.C. 20006, Reproduction of the material herein or sue""dal goat«flap of Its provlslorts without permlaalon of the ALA violaw the oopynght law% o(the United States and terlll stbleq to 100 pto"'WtIon. AtA DOCUMkNT 9M r OWNER-Altai)TECT AGREEMENT-7NIZTEENTH EDITION•IULY 19"«AIAI•019TT THE AMER(CAN INSTITUT€ Of ARCHfTECTS, 1735 NEW YOkK AVENUE, NX, WASHINCTON, A.C. 2M 0141-1977 1 EXHIBIT "A" TO AGREEMENT DATED 1979, BY A",.xti BETWEEN OWNER AND ARCHITECT Tni.- terms and conditions of AIA Document B141, Owner-Architect Agreement, July 1977 Edition are hereby modified as follows: 1. Article 6 - Payments to Architect - Delete Sectio:1 6.1.1 thereof in its entirety and substitute the following therefor: "Payments for Basic Services shall be made monthly in proportion to services performed so that the compensation at the completion of each phase shall equal the following percentages of the total Basic Compensation:" Schematic Design Phase 15% Design Development Phase 20% Construction Documents Phase 50% Bidding Phase 5% Construction Phase 10% ,Add wording in Subsection 6.2.1 as follows: "All such statements shall be certified under penalty of perjury by a principal of Architect to be true and correct services performed and in the case of Basic Services, the ratio of such services to the total of any phase of the work to which such services relate. " 2. Delete Article 14 in its entirety and substitute wording as follows: "The Owner shall compensate the Architect for Basic Services as des- cribed in Article 1 the total sum of $10,714 which represents 12.0 percent of a construction budget of $89,286 and payments shall be made in accordance with the previsions of Article 6 above. " "The Architect shall provide professional services for the project in accordance with the Terms and Conditions of this Agreement. " "The Owner and Architect agree in accordance with the Terms and Con- ditions of this Agreement that if the scope of the project is chanced materially, compensation shall be subject to renegotiation. " 3. Add Article 11. 5. "Architect agrees to indemnify, hold harmless and defend City in all actions arising from all activities pursuant to this contract. Architect further agrees to provide workers' ,>ompensation insurance and supply proof of such insurance on the City's insurance Farm. TERMS ,AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT I ARTICLE 1 ments to previous Statements of Probable Construction ARCHITECT'S SERVICES AND RESPONSIBILITIES market indicated by changes in requirements or general market conditions. BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents re- phases described in Paragraphs 1.1 through 1.5 and quired for the approval of governmental authorities hav- include normal structural, mechanical and electrical ing jurisdiction over the Project. engineering services and any other services included 1,4 BIDDING OR NEGOTIATION PHASE in '.rticle 15 as part of Basic Services. 1.4.1 The Architect, following the Owner's approval of 1.1 SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement 1.1.1 The Architect shall review the program furnished of Probable Construction Cost, shall assist the Owner in by the Owner to ascertain the requirements of the Project obtaining bids or negotiated proposals, and assist in and shall review the understanding of such requirements awarding and preparing contracts for construction. with the Owner, 1-5 CONSTRUCTION PHASE—ADMINISTRATION 1.1,2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION COi:7RAL7 tion of the program and the Project budget requirements, 1.5.1 The Constructiun Phase will commence with the each in terms of the other,subject to the limitations set award of the Contract for Construction and, together with forth in Subparagraph 3.2.1. the Architect's obligation to provide Basic Semites under 1.1.3 The Architect shall review with the Owner alterna- this Agreement,will terminate when final payment to the tive approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate 1.1,4 Based on the mutually agreed upon program anr' for Payment ur of such dt a date,sixty days after the Date Project budget requirements. the Architect shall prepare, of Substantial Completion of the Work,whichever occurs for approval by the Owner,Schematic Design Documents first. consisting of drawings and other documents illustrating 1.5.2 unless otherwise provided in this Agreement and the scale and relationship of Project components. incorporated in the Contract Documents, the Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current tion as set forth below and in the edition of AIA Docu- ,area,volume or other unit costs. ment A201, General Cund0mris of the Contract for Con- struction,current as of the date of this Agreement. 1,2 DESIGN DEVELOPMENT PHASE 13.3 The Architect shall be a representative of the 1.2.1 Based on the approved Scherr.:ic Design Docu- Owne! during the Construction Phase, and shalt advise ments and any adjustments authorized by the Owner in anr', consult with the Owner. Instructions,to the Contrac- the program or Project budget, the Architect shall pre- tvr shall be forwarded hrough the Architect, The Archi- pare, for approval by the Owner; Design-Development tect shall have authority to act on behalf of the Owner Documents consisting of drawings and other documents only to the extent provided in the Contract Documents to fix and describe the size and character of the entire unless otherwise modified by written instrument in ac- Project as to architectural,structural,mechanical and elec- co,-dance with Subparagraph 1.5.16. trical systems, materials and such other elements as may ,1„5.4 The Architect shall visit the site at intervals ap- propriate to the stage of construction or as otherwise 1.2.2 The Architect shalt submit to the Owner a further agreed by the Architect in writing to become genera,ly �iatement of Probable Construction Cgst familiar with the progress and quality of the Work and to 1,3 CONSTRUCTION DOCUMENTS PHASE determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- 1,3.1 Based on the approved Design Development Doc- tect shall not be required to make exhaustive or con- uments and any further aojustments in the scope or qual- tinuous on-site inspections to check the quality or quan- ity of the Project or in the Project budget authorized by tity of the Work. On the basis of such on-site observa- the Owner, the Architect shall prepare, for approval by tions as an architect, the Architect shall keep the Owner the Owner,Construction Documents consisting of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- sh4li endeavor to guard the Owner against defects and ments for the construction of the Project, deficiencies in the Work of the Contractor, 1.3.2 The Architect shall assist the Owner in the prepara- 1,5,5 The .Architect shall not have control or charge of tion of the necessary bidding information,bidding forms, and shall not be responstuie for construction means, the Condii�ons of the Contract, and the form of Agree- methods, techniques, sequence nr procedures, or for ment between the Owner and the Contractor. safety prerautions and programs in connection with the 1,3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, Sub• ALA OMMENT E141•OWNER-ARCHITECT AGREEMENT-THIRTEENTH EDiTION-IULY 1977-.AIAO-P 1977 THE AMEAICAN INSTITUTE OF ARCHITECTS„ 173S NEW YORK AVENUE„ N-W., WASNINGTON, DX., 2M 8141.1977 3 contractors or any other persons performingany of the necessary or advisable for the implementation of the intent Work, or for the failure of any of them to carry out the of the Contract Documents,the Architect will have author- Work in accordance with the Contract Documents. ity to require spi l inspection or testing of the Work in 1.s.6 The Architect shall at all .imes have access to the accordance with the provisions of the Contract Docu- Work wherever it is in prepa.atioo or progress. ments,whether or not such Work be then fabricated, in- stalled or completed 1.5.7 The Architect shall determine the amounts awing 1.5.13 stalls The Architect shall review and approve or take to the Contractor based on observations at the site and on other appropriate action upon the Contractor's submittals evaluations of the Contractor's Applications for Payment, such as Shop Drawings, Product Data and Samples, but and shall issue Certificates for Payment in such amct rats, only for conformance with the design concept of the as provided in the Contract Documents. Work and with the information given in the Contract 1.5.19 The issuance of a Certificate for Payment shall Documents. Such action shall be taken with reasonable constitute a representation.by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap- based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval of an vided in Subparagrspb 1.5.4 and on the data comprising assembly of which the item is a component. the Contractor's Application for Payment, that the Work 1 5.14 The Architect shall prepare Change Orders for has progressed to the point indicated;that,to the best of the Owner's approval and execution in accordance with the Architee.::s knowledge,information and belief,the qual- the Contract Documents,and shall have authority to order ity of the Work is in accordance with the Contract Docu- minor changes in the Work not involving an adjustment. ments (subject to an evaluation of the Work for con- formance with the Contract Documents upon Substantlai in the Contract Sum or an extension of the Contract Time Completion, to the results of any subsequent tests re- which are not inconsistent with the intent of the Contract . Documents, quireci by or performed under the Contract. Documents, to minor deviations from the Contract Documents cor- 1.5.15 The Architect shall conduct inspections to deter- rectable prior to completion,and to any specific qualifica- mine the Dates of Substantial Completion and final com- tions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by not be a representation that the Architect has made any the Contractor,and shall issue a final Certificate for Pay- examination to ascertain how and for what purpose the ment. Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lim- Contract Sum. itations of authority of the Architect as the Owner's rep- 15.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or quirements of the Contract Documents and the;udge of extended without written consent of the Owner,the Con the performance thereunder by both the Owner and tractor and the Architect. Contractor.The Architect shall render interpretations nec- 1.6 PROJECT REPRESENTATION BEYOND BASK SERVICES essary for the proper execution or progress of the Work with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- the Owner or the Contractor,and shall render written de- tensive representation at the site than is described in cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be provided, the Architect shall pro- and other matters in question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. Work or the interpretation of the Contract Documents. 1.6.2 Such Project Representatives shall be selected,em- 1S.10 Interpretations and decisions of the Architect shalt ployed and directed by the Architect, and the Architect be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed be- from the Contract Documents and shall be ;n written or tween the Owner and the Architect as set forth in an ex- graphic form. In the capacity of Interpreter and judge, hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties,responsibilities and limitations of authority of ance by both the Owner and the Contractor, shall not such Project Representatives„ show partiality to either, and shall not be liable for the 1.6.3 Through the observations by such Project Repre result of any interpretation or decision rendered in good sentatives,the Architect shall endeavor to provide further faith in such capacity. protection for the Owner against defects and deficiencies 1.5.11 The Architect's decisions in matters relating to in the Work,but the furnishing of such project representa- artistic effect shall be final if consistent with the intent of tion shall not modify the rights, responsibilities or obliga- the Contract Documents, The Architect's decisions on tions of the Architect as described in Paragraph 1.5. any other claims, disputes or other matters, including 1.7 ADDITIONAL SERVICES those in question between the Owner and the Contractor, The .,:lowing Services are not included in Basic shall be subject to arbitration as provided in this Agree- Services finless so identified in Article 15,They shall ment ar.d in the Contract Documents, be provided if authorized or confirmed in writing by 1.5.12 The Architect shall have authority to reject Work the Owner,and they shall be paid for by the Owner which does not conform to the Contract documents. as provided in this Agreement, in addition to the Whenever, in the Architect`s reasonable )pinion, it is compensation for Basic Services. AIA DOCUMEN1 2141-OWNER-ARCHITECT AGREEMENT•THIRTEENTH EDITION•JULY 1977•AIA®a 019" 4 3141-19" TII AMERiCAN INSTITUTE Of ARCHITE,-TS, 173S NEW YORK AVENUE, NW., W&SHINGTON, D.C. 20006 1.7.1 Providing analyses of the Owner's needs, and pro- struction, and furnishing services as may be required in gramming the requirements of the Project. connection with the replacement of such Work. 1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default studies. of the Contractor, or by major defects or deficiencies in 1.73 Providing planning surveys. site evaluations, envi- the Work of the Contractor,or by failure of performance r of either the Owner or Contractor under the Contract for onmental studies or comparative ;tudies of prospective sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings or others having jurisdiction over the Project. showing significant =nges in the Work made during construction base, arked-up prints, drawings and 1.7.4 Providing services relative to future facilities, sys- other data furnish, I 2a,, the Contractor to the Architect. tems and equipment which are not intended to be con- 1.7.18 Providing extensive assistance in the utilization of strutted during the Construction Phase. any equipment or system such as initial start-up or testing, 1.7.5 Providing services to investigate existing conditions adjusting and balancing, preparation of operation and or facilities or to make measured drawings thereof,or to maintenance manuals, training personnel for operation verify the accuracy of drawings or other information fur and maintenance,and consultation during operation. nished by the Owner. 1.7.19 Providing services after issuance to the Owner of 1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Date of Substantial CompieYon of the Work. completion of the Construction Documents Phase, when 1,7.20 Preparing to serve or serving as an expert witness requested by the Owner, in connection with any public hearing, arbitration pro- 1.7.7 Providing coordination of Work performed by ceeding or legal proceeding. separate contractors or by the Owner's own forces. 1.7.21 Providing services of consultants for other than 1.7.8 Providing services in connection with the work of the normal architectural,structural, mechanical and elec- a construction manager or separate consultants retained trical engineering services for the Pr(.ject. by the Owner. 1.7.22 Providing any other services not otherwise in- 1.7.9 Providing Detailed Estimates of Construction Cost, c►uded in this Agreement or no, customarily furnished in analyses of owning and operating costs,or detailed quan- accordance with generally accepted-architectural practice. tity surveys or inventories of material, equipment and 18 TIME labor. 1.8.1 The Architect shall perform'Basic and Additional ',.7.10 Providing interior design and other similar set- Services as expeditiously as is consistent with professional vices required for or in connection with the selection, skill and care anti the orderly p,ogress c the Work.Upon procurement or installation of furniture, furnishings and request of the O-A er, the Architect sha I submit for the related equipment. Owner's approval, a schedule for the performance of the 1.7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as spaces. the Project proceeds,and shall include allowances for peri- ods of time required for the Owner's review and approval 1.7.12 Making revisions in Drawings, Specifications or of submissions and for approvals of authorities having other documents when such revisions are inconsistent jurisdiction over the Project.This schedule,when approved with written approvals or instructions previously given, by the Owner,shall not, except for reasonable cause, be are required by the enactment or revision of codes, laws exceeded by the Architect. or regulations subsequent to the preparation of such doc- uments or are due to other .auses not solely within the `i control of the Architect. ARTICLE 2 C 1.7.13 Preparing Drawings,Specifications and supporting THE OWNER'S RESPONSIBILITIES data and providing other services in connection with 21 The Owner shall provide full information regarding Change Orders to the extent that the adjustment in the P g g ' Basic Cornst is forth for the ' objectives, including a program,whichectives, constraints on resulting from the adjusted Con- shall set orth the Owners design struction Cost s not commensurate with the services re- g � quired of the Architect,provided such Change Orders are and criteria, including space requirements and relation- required by causes not solely within the control of the ships, flexibility and expandability,special equipment and Architect. systems and site requirements, 1.7.14 Making investigations, surveys,valuations, ven- 2.2 If the Owner provides a budget for the Project it tories or detailed appraisals of existing facilities,and serv- shall include contingencies for bidding, changes in the ices required in connection with construction performed work during construction and other costs which are the by the Owner. responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1.2.The Owner shall, 1.7.15 Providing consultation concerning replacement of at the request of the Architect, provide a statement of any Work dar.,aged by five or other cause during con- funds available for the Project,and their source. AtA DOCUMENT 9141•OWNER-ARCHITECT AGREEMENT+THIRTEENTH EDITION+JULY 1977• AIAO•0)1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.w, WASHJNGTON, D.C. 20006 g141-1977 5 2.3 The Owner shall designate, when necessary, a rep- signed, specified, selected or specially provided for by resentative authorized to act in the Owner's behalf with the Architect. respect to the Project, The Owner or such authorized 3.1.3 Construction Cost does not include the compen- representative shall examine the documents submitted by sation of the Architect and the Architect's consultants, the Architect and shall render decisions pertaining thereto the cost of the land, rights-of-way, or other costs which promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti- the Architect's services, cle 2 2.4 The Owner shall furnish a regal descrietion and a certified land survey of the site, giving, as applicable, 3.2 RESTONSIBILM FOR CONSTRUCTION COST grades and Imes of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget. State- ing property; rights-of-way, restrictions, easerents, en- ments of Probable Construction Cost and Detailed croachments, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, orepared by the contours of the site;locations, dimensions and complete Architect, represent the Architect's best judgment as a data pertaining to existing buildings,other improvements design professional familiar with the construction indus- and trees;and full information concerning available serv- try. It is recognized, however, that neither the Architect ici —ity fines both public and private, above and nor the Owner has control over the cost of labor, mate- b, 'le,=ncluding inverts and depths. rials or equipment, over the Contractor's methods of de- nail furnish the services of soil engi- termining bid prices,or over competitive bidding,market ot consultants when such services are deemed or negotiating conditions. Accordingly, the Architect neces:.. ,by the Architect.Such services shall include test cannot and does not warrant or represent that bids or borings, pits,soil bearing values,percolation tests,air negotiated prices will not vary from the Project budget and water pollution tests,ground corrosion and resistivity proposed, established or appc ved by the Owner, if any, tests,including necessary operations for determining sub- or from any Statement of Probable Construction Cost or soil,air and water conditions,with reports and appropri- other cost estimate or evaluation prepared by the Archi- am professional recommendations, tect. 2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be esub- chemical and otht; laboratory tests, inspections and re- fished as a condition of this Agreement by the furnishing, ports as required b� law or the Contract Documents. proposal or establishment of a Project budget under Sub paragraph 1.1.2 or Paragraph 2,2 or otherwise,unless such 2 7 The Owner shall Fum;sh all legal,accounting and in fixed limit has been agreed upon in writing and signed by surance counseling services as may be necessary at any the parties hereto. If such a fixed limit has been estab- time for the Project, including such auditing services as lished, the Architect shall be permitted to include con- the Owner may require to verify the Contractor's Applica- tingencies for design,bidding and price escalation, to de- tions for Payment or to ascertain how or for what pur- termine what materials, equipment, component systems poses the Contractor uses the moneys paid by or on be- and types of construction are to be inclided in the Con- half of the Owner, tract Documents, to make reasonable adjustments in the 2.8 The services, information, surveys and reports re- scope of the Project and to include in the Contract Docu- qui,;.d by Raragraphs 2.4 through 2.7 inclusive shall be ments alternate bids to adjust the Construction Cost to the furnished at the Owner's expense,and the Architect shall fixed limit. Any such fixed limit shall be increased in the be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum occurring thereof. after execution of the Contract for Construction. 2.9 It the Owner observes or o-herwise becomes aware 3.2.3 If the Bidding or Negotiation Phase has not com- of any fault or defect in the Project or nonconformance menced within three months after the Architect submits with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad- 2.10 The Owner shall furnish required information and justed to reflect any change in the general level of prices services and shall render approvals and decisions as ex- in the construction industry between the date of submis- peditiously as necessary for the orderly progress of the sion of the Construction Documents to the Owner and Architect's services and of the Work. the date on which proposals are sought 3.2.4 If a Project budget or fixed limit of Construction ARTICLE 3 Cost (adjusted as provided in Subparagraph 3,2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- CONSTRUCTION COST posal, the Owner shall (1) give written approval of an 3.1 DEFINITION increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if 3.1,1 The Construction Cost shall be the total cost or the Project is abandoned, terminate in accordance with estimated cost to the Owns of all elements of the Project paragraph 10.2, or (4) cooperate in revising the Project designed or specified by t'sle Architect, scope and quality as required to reduce the Construction 3.1.2 The Construction Cost shall include at current Cost.in the case of(4r,provided a fixed limit of Construc- market rates, including a reasonable allowance for over- tion Cost has been established as a condition of this Agree- head and profit, the cost of labor and materials furnished ment,the Architect,without additional charge,shall mod- by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply AJA DOCUMENT 8141-OWNER-ARCHITECT AGREEMENT-THIRTEENTH EDITION-JULY 1977• AIA0-01977 6 3141-197-7 THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVENUr, N.W., WASHINGTON, D.C. 2M with the fixed limit.The providing of such service shall be or extended through no fault of the Architect,compensa- the limit of the Architect's responsibility arising from the tion for any Basic Services required for such extended establishment of such fixed limit,and having done so,the period of Administration of the Construction Contract Architect 'fall be entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addi- performed, in accordance xit. this Agreement, whether tional Services, or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of '':onstruction G+st, and any portions of the Project are ARTICLE 4 deleted or otherwise not constructed, compensation for DIRECT PERSONNEL EXPENSE such portions of the Project shall be payable to the extent services are performed on such portions, in accordance 4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 14.2.2,based aries of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or, ect, and the portion of the cost of their mandatory and f2,' if no such bid or proposal is received, the most recent customary contributions and benefits related thereto,such Statement of Probable Construction Cost or Detailed Esti- as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project. fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits, ADDITIONAL SERVICES ARTICLE 5 6.2.1 Payments on account of the Architect's Additional 5 Services as defined in Paragraph 1.7 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services 5.1 Reimbursable Expenses are in addition to the Com- rendered or expenses incurred. pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- 6.3 PAYMENTS WITHHELD tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages paragraphs: or other sums withheld from payments to contractors, or 5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in connection with out-of-town those for which the Architect is held legally liable. travel, long distance communications, and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over 6.41 If the Project is suspended or abandoned in whole the Project. or in part for more than three months, the Architect shall 5.1.2 Expense of reproductions, postage and handling of he compensated for all services performed prior to receipt Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension or reproductions for the office use of the Architect and the abandonment, together with Reimbursable Expenses then Architect's consultants, due and all Termination Expenses as defined in Paragraph 5.1.3 Expense of data processing and photographic pro- 10.4, if the Project is resumed after being suspended for duction techniques when used in connection with Addi- more than three months, the Architect's compensation tional Services. shall be equitably adjusted. 5.1.4 If authorized in advance by the Owner,expense of overtime work requiring higher than regular rates. ARTICLE 7 5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS quested by the Owner. 5.11.6 Expense of any additional insurance coverage or 7.1 Records of Reimbursable Expenses and expenses per- taining limits,including professional liability insurance, requested bast. f a Mu ti Services and services performed on by the Owner in excess of that normally carried by the theepn a Multiple of Direct Personnel Expense shall Architect and the Architect's consultants. be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient ARTICLE 6 times. PAYMENTS 1'0 THE ARCHITECT ARTICLE B u 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS 6.1.1 An initial payment as set forth in Paragraph 14.1 i5 the minimum paymeitt under this Agreement. 8.1 Drawings and Specifications as instruments of serv- ice are and shall remain the property of the Architect 6.1.2 Subsequent payments for Basic Services shall be whether the Project for which they are made is executed made monthly and shall be in proportion to services per. or not.The Owner shall be permitted to retain copies, in- formed within each Phase of services, on the basis set cluding reproducible copies, of Drawings and Specifica forth in Aricle 14, tions for information and reference in connection with the 6.1.3 If and to the extent that the Contract Time initially Owner's use and occupancy of the Project,The Drawings established ir, the Contract for Construction is exceeded and Specifications shall not be used by the Owner on Aid DOCUMENT$141•OWNER-ARCHITECT AGREEMENT•THIRTEENTH EDITION JULY 1477 AIAe.01477 �- THE AMERiCAN INSTITUTE Of ARCHITECTS 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C• 20006 8141-197'` 7 fIfj l other projects,for additions to this Project,or for comple- 10.4 Termination Expenses include expense; directly at- tion of this Project by others provided the Architect is not tributable to termination for which the Architect is not in default under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a writing and with appropriate compensation to the Archi- percentage of the total Basic and Additional Compensa- tect, tion earned to the ume of termination,as follows: 8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Sche- requirements or for other purposes in connection with the matic Design Phase;or Project is not to be construed as publication in derogation .2 10 percent if termination occurs during the Design of the Architect's rights. Development Phase;or .3 5 percent if termination occurs during any subse- ARTICLE 9 quent phase. AMIT1RATION ARTICLE 11 9.1 All claims, disputes and other matters in question MiSCELLANEOUS PROVISIONS between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be 11.1 Unless otherwise specified,this Agreement shall be decided by arbitration in accordance with the Construc- governed by the law of the principal place of business of tion Industry Arbitration Rules of the American Arbitra- the Architect. tion Association then obtaining unless the parties mutu- 11.2 Terms in this Agreement shall have the;ame mean- ally agree otherwise. No arbitration, arising out of or re- ing as those in AIA Document A201, General Conditions lating to this Agreement, shall include, by consolidatlon, of the Contract for Construction, current as of the date joinder or in any other manner,any additional person not of this Agreement. a party to this Agreement except by written consent con- 11.3 As between the parties to this Agreement;as to all taining a specific reference to this Agreement and signed acts or failures to ac ')y either party to this Agreement, by the Architect,the Owner,and any other perse,a sought any applicable statute of limitations shall commence to to be joined.Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to ditional person or persons shall not constitute consent to have accrued in any and all events not later than the rele- arbitration of any dispute not described therein or with vant Date of Substantial Completion of the Work,and as any person not named or described therein. This Agree- to any acts or failures to act occurring after the relevant ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion,not later than the date of additional person or persons duly consented to by the issuance of the final Certificate for Payment, parties to this Agreement shall be specifically enforceable 11.4 The Owner and the Architect waive all rights under the prevailing arbitration law. against each other and against the contractors, consult- 9.2 Notice of the demand for arbitration shall be filed in ants,agents and employees of the other for damages cov- writing with the other party to this Agreement and with ered by any property insurance during construction as set the American Arbitration Association, The demand shall forth in the edition of AiA Document A201,General Con- be made within a reasonable time after tha claim,dispute dittons, current as of the date of this Agreement. The or other matter in question has arisen, in io event shall Owner and the Architect each shall require appropriate the demand for arbitration be made after the date when Similar waivers from their contractors, consultants and institution of legal or equitable proceedings based on agents. such claim,dispute or other matter in question would be barred by the applicable statute of limitations. ARTICLE 12 9.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it In accordance with SUCCESSORS AND ASSIGNS applicable law in any court having jurisdiction thereof, 12.1 The Owner and the Architect, respective,y, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and ARTICLE 10 to the partners, successors, assigns and legal representa- TERMINATiON OF AGREEMENT tives of such other party with respect to zll covenants of this Agreement.Neither the Owner nor the Architect shall 10.1 This Agreement may be terminated by either parry assign, sublet or transfer any interest in this Agreement upon seven days' written notice should the other party without the written consent of the other, fail substantially to perform in vr:cordance with its terms through no fault of the party i itiating the termination. ARTICLE 13 10.2 This Agreement may be terminated by the Owner upon at least seven days' wntten notice to the Architect EXTENT OF AGREEMENT in the event that the Project is permanently abandoned. 13.1 This Agreement represents the entire a: ,.integrated 10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect and chi-tect,,the ArrSitett shall be compensated for all:;rvices supersedes all prior negotiations,representations or agree- performed to termination data, together with Rei»burs- meats, either written or oral. This Agreement may be able Expenses then due and all Termination Expenses as amended only by written instrument signed by both defined in Paragraph 10.4. Owner and Architect. AIA DOCUMENT'9141-OWNERICHITECT AGREEMEN, •THIRTEENTH EDITION-JULY 1977-.AIA® 0 1977 TUTE L 0141-1977 THE AMERICAN INSTI Or ARCHITECTS, 1735 NEW YORK AVENUE, N'W, WASHINGTON, O.0 20L106 Attachud hereto is Exhibit "A" to this Agreement which is incorporated by reference herein as though fully set forth in the place, first appearing in this document. This Agreement executed the day and year first written above. $y a _ Mayor Ka nitzer, Cotton, Vreeland Date: ATTEST: APPROVED AS TO FORM: �CRe� J City Clerk City Attorney REVIEWED AND APPROVED INITIATED AND APPROVED AS TO CONTENT: Yt�y­Administrator hector of Development Services REQUEST FOR CITE' COUNCIL IL ACTION Submitted by James W. Palin Department _ Development Services Date Prepared July 3, 11979 Backup Material Attached ® Yes ❑ No Subject RESOLUTION OF INTENTION TO VACATE A PORTION OF PECAN AVENUE; OLD CIVIC CENTER PROJECT City Administrator's Comments No action required at the July. 16, 1979 Study Session. If the City i Council concurs, this item will be scheduled on the August 6, 1979 regular Council meeting. Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions: STATEMENT OF ISSUE: To ace7mplish the implementation of new senior housing and recreation { facilities at the Old Civic Center, it i3 necessary to vacate a portion of Pecan Avenue. The appropriate Resolution of Intent has been pre- pared and is attached for the Council's consideration. RECOMMENDATION: Adopt Resolution. No. , a resolution of the City of Huntington Beach of intention to vacate a portion of Pecan Avenue. ANALYSIS: Since the right-of-way of Pecan Avenue on the Old Civic Center site has never been officially vacated, it is necessary to do so at this time to accommodate the City's plans for the site. This is necessary even though the right-of-way has been used as a parking lot for a number of years. The first step in the vacation procedure requires that the Planning Commission make a determination that the action is consistent with the General Plan. Such finding was made by the Planning Commission on June 5, 1979, and a copy of the Commission's Notice of Action is attached for the Council's review. The Resolution of Intent provides that, after adoption, the site will be posted with notices of intention to vacate the right-of-way and that a public notice will be placed in the newspaper.. It also sets the date for a public hearing on the vacation for Monday, .August 6,, 1979 at 7:30 p.m. in the Council Chambers, at which time the Council may, after hearing any members of the public, consider adoption of a second resolution that will. actually vacate the right-of-way. �. Peo 3nD Resolution of Intent - ecan Avenue July 3, 1979 Page 2 ALTERNATIVES: Tri • procedure is necessary to provide the senior housinq and recreation facilities on the Old Civic Center site. FUNDING SOURCE: U.S. Department of Housing and Urban Development, Housing and Community Development Program. (Costs incurred will be posting of site and legal notice publication only. ) Respectfully submitted, mes hL' YPalin, Director Department of Development Services JwF.SVK;df Attached: Resolution . r id s, Beach PIONFAing Commission P.G. x 9S CALIFORMA Date: June 5, 1979 NOTICE OF ACTION aRplicant. Initiated by Development Services Subject: Conformance with General Plan No. 79-9 (Vacation of Pecan Avenue Right-of-Way) Your application w4s acted upon. by the Huntington Beach Planning Com- mission on Jtne 5, 1979 _ and your request was: WITHDRAWN APPMWED FOUND TO BE IN CONFORMANCE APPROVED WITH CONDITIONS DISAPPROVED CONTINUM UNTIL Under the provisions of the Huntington Beach Ordinance Cade, the action taken by the Planning Comission 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 not forth in detail the action and grounds by and. upon which the applicant or interested party deems him self aggrieved. Said appeal must, be accompanied by a filing fee of seventy-five ($75.00) dollars and *ubmitted to the City Clerk's office within ten (10) days of the date of the Cot ission'"s action. In your case, the last day for filing an appeal and paying the filing fee is Provisions of the Huntington Beach Ordinance Code area such that any application becomes null rnd void one (1) y^sar after final_ approval, unless actual cons4tructioi, has started.. Vory truly yt) .7+1rnes W. Pa Z]n f Actnq Secretary { to construct, maintain, operate, replace, remove, renew and en- large lines of pipe, conduits, cables, wires, pokes, and other convenient struvtures, equipment and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for ie tray. ,ortation or distribution of electric energy, petroleum and its products, ammonia, water, and incidental purposes, including access and the right to keep the property free from inflammable materials, and wood growth, and otherwise protect the same from all hazards in, upon: and over such street or part thereof proposed to be vacated. SECTION 3. The City Clerk is directed to maintain on file in the office of the City Clerk maps or plans showing the par- ticulars of the proposed vacation of a portion of Pecan Avenue, and reference is hereby made to said maps or plans for said particulars as to said proposed vacation. SECTION 4. The City Counall Joes herety fix September 4, 1979 at the hour of 7 :30 p.m. , or as soon ~hereafter as the matter may be heard, in Council Chambers in the Civic venter, Huntington Beach, as the time and place for hearir ; all persons interested in or ob ecting to the proposed vacation, which time is nut less than fifteen (15) days from the passage if this resolution. SECTION 5. ' he ;it; Cler;t is dire;, d to _use a copy of this resolution to be published in the Bunt igt r; Beach Indepexident, a newspaper of general c1rcu"lati oy , withi.. __fteen: (=5) days of the passage of this resolution. SE TIO + e. The Street Superintendent le .91­,_,ted tc post, or cause to be posted, notices, of vacation , nspicuously along the portion of Pecan Avenue propw�sed to be vacated at least ten (10) days before the date of the hearing. ,Such notices shall be posted not more than three hundred 300 feet arart, but at least t.4ree `3) shall be posted. Such notices shall state the passage of this resolution of intention and the time and place of hearing. PASSED AN'D ADOPTED by the City ^ounv < Li the City of Huntington Beach at a regular meeting thereof held or. the 16th 2. j h RESOLUTION NO. .. A RESOLUTION OF THE CITY 0 HUNTINCTON BEACH OF INTENTION TO VACATE A PORTION OF PECAN AVENUE The City Council of the City of Huntington Beach does hereby resolve as follows : SECTION 1. A ,ublic meeting was held before the Planning Commission on June 5, 1979 at which time it was determined, purr saunt to Government Code Section 65402, that the proposed vaca- tion of a portion of Pecan Avenue conformed to the city's general plan. SECTION 2. Pursuant to Division 9, Part 3, Chapter 2 of the Streets and Highways Gode of the State cf California (Sec- tions 3320 et seq. ), the City Council of the City of Huntington Beach hereby declares its intention to vacate a portion of Pecan �• Avenue, more particularly described as follotws: A strip of land 60 Feet wide, 240 feet long, known a3 Pecan Avenue (formerly Magnolia Avenue ) lying southerly of Block 505, bounded on the easterly side by the prolongation of the south- easterly corner of Block 505, and the north- easterly corner of Block 405, and on the westerly side: by the prolongation of the southwesterly corner of Block 505, and the northwesterly corner of Block 405, as per map of ?fain Street Section of the city of Huntington Beach as recorded in Boot 3, page 43, Miscellaneous Maps, Records of Orange County, State of California. The city nereby reserves and excepts from the variation a permanent easement and right at any time or from time to time, to construct, maintain, operate, replace, remove and renew storm drains and appurtenant structures in, upon, over and across such street or any portion thereof proposed to be vacated and pur- suant to any existing franchises or renewals thereof, or otherwise /ahb 618179 . aay of July, 1979. .ayor T m n,. A DES . APPkD%TE> AS i'v FORM: vity :,lurk -,ity Attorney� REVIEvrED AND &PPRO7ED: INITIA` .D r..D APPROVED: y Administrator i _ector, Deve oi ,ment services APPROVED AS ^, CO ;TEN T z 4 f i//, J � rector o bliv W c lialimmNow main ill! PALM AVE vt ACACIA i4 !. r3ti "—T Al pE,r AN. ° E N GRAthiGE AV E vi V. -'s('AT ION OF PVC 7'N AVEN U i T+.;?.'. (.iF !'r7xY �! r HU�1'IHGTQW &EACH PLAHIbit� �:'PT. No. . STATE OF CALIFORNIA j COUNTY OF ORANGE ) Be., CITY OF HUNTINGTON BEACH } I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular _ meeting thereof held on the day of 19 by the foll—ping vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: City Clerk and Ec—o£ficio Clerk of the City Council of the City of Huntington Beach, California REQUEPF FOR CITY COUNCIL ACC ION Services Subn',itted by James W. Palin Department Development S e Date Prepared July 3 _ ' 1979 Backup Material Attached o Yes No Subject APPROVAL OF PARTICIPATION AGREEMENT WITH WM. LYON CO._; OLD CIVIC CENTER PROJECT City Administrator's Comments No action required at the July 16, 1979 Study Session. If the City Council concurs, this item will be scheduled on the August 6 , 1979 regular Council meeting. Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions: STATEMENT OF ISSUE: Since the City Council's selection of the Wm. Lyon Company's proposal for the subject site on April 2, 1979, many steps toward the implementa- tion of facilities have been taken. Predicated upon the Council's minute action, the Wm. Lyon Company has acted in good faith during this formative period. The project has now reached a stage where it is necessary and advisable to formalize the responsibilities of both the Lyon Company and the City regarding the site to be leased for housing through means of the attached Participation Agreement. RECOMMENDATION: Approve and order the City Clerk to execute the attached Participation Agreement between the City and tb-a Wm. Lyon Company. ANALYSIS: The Request for Proposal distributed to proponents of this project stipulated the basic relationship between the selected developer and the City of Huntington Beach. It both provided proponents with informa- tion about actions the City would take to prepare the leasehold site for construction of housing units and mandated certain actions by the developer in return for the City's participation and financial commit- ment. The Participation Agreement addresses only the housing site and goes beyond the Request foz Proposals by addressing the specific conditions under which the housing project will proceed. It provides assurances to both parties that the other will perform upon its responsibilities and, offers remedies in the event of non-performance. Through the PIO W78 Participation Agreeme July 3, 1979 Page 2 vehicle of this agreement, then, the City and the developer fully state intentions at the outset of this project. The attached summary provides an overview of the provisions of the most important sections of the Participation Agreement. ALTERNATIVES Approval of a Participation Agreement is necessary to continue with implementation of this project, FUNDING SOURCE: U.S. De artr:pt,t of Housing and Urban Development, Housing and Community DevelotymenV Pr :m: $40,000 currently budgeted for the principal costs to th, :. t, of offsite improvements and site preparation. espectfully submi te,r ,, a es 6a, z"ai .n, Director Department. of Development Services J'WP:SVK:df Attachments: Participation Agreement Summary SUMMARY OF PROPOSED PARTICIPATION AGREEMENT BETWEEN CITY AND THE WILLIAM LYON CO. SECTION NO. GENERAL REQUIREMENTS Section 1 & Stipulate the term of lease at 55 years at Section 2 $1.00 per year and the framework for lease agreement to follow. Section b Requires construction of housing to begin within 2 months of approval of mortgage financing. Section 8 Reserves the City's right of access to the leased property for the full term of the lease. Section 9 a. Requires housing to be in conformance with zoning (specific plan) . b. Development Services will review and approve construction drawings. c. Requires submissi.rn to the City of a Aft landscape plan. e. Requires architect to ce-tify plans to be in conformance with City requirements. f. Requires that changes in construction drawings be approved or disapproved by City within 15 days. h. Requires that the developer make progress reports on construction to the City. Section 10 a-d. Require that developer submit plans to City in conformance with Schedule of Per- formance (see attached Exhibit C) . e. Requires developer to submit to City evi- dence of mortgage financing and construc- tion performance bond for City approval. f. Requires City to issue Certificate of Occupancy at completion of improvements, or provide developer with written state- ment of cause for non-issuance. Page 2qW ' SECTION NO. GENERAL REQUIREMENTS Section 11 Requires City to prepare site for construc- tion of apartments by performing as follows: 1. Conduct a survey of site (completed) . 2. Conduct a soils report of site (completed) . 3. Approve General Plan Amendment (completed) . 4. Prepare zone change (under way) . 5. Prepare EIR, with cost shared by try City and developer (under way) . G. Prepare and submit application for Coastal Commission permit (no cost) . 7. Demolish and remove existing buildings and fill resulting cavities (HCD funds - $60,000) . 8. Relocate or remove utility lines on site (none necessary) . 9. Developer responsible for finish grading; salvage rights to City. City shall also vacate street right-of-way install necessary public utility improvements to property line of leasehold only . enter separate agreements for architectural services receive competitive bids for construction of senior center and library improvements. Section 12 1. Requires developer to file for Conditional Use Permit at own expense. 2. Requires developer to abide by Specific Plan zoning requirements. 3. Developer agrees to pay City development fees. 4. Developer agrees to abide by Schedule of Performance. Page 3 SECTION NO. GENERAL REQUIREMENTS Section 13 Requires developer to replace or repair any public improvements damaged by construction. Section 14 Requires developer or any successor to use property solely for housing for low- and moderate-income senior citizens. Section 15 Permits developer to transfer interest to a joint venturer limited or general partnership with City approval. Requires any successors to abide by all provisions of this agreement and warrantees plans to be fulfilled despite transfer of interest. Section 16 Permits termination of agreement for cause by either party within 60 days' notice and estab- lishes causes for termination and remedies to aggrieved party. Also perm';ts extensions of Schedule of Perform- ance due to circumstances beyond control of City or deve oiler, provided 30-day notice of delay is given. Section 17 Requires developer to pay property tax on im- provements; pr,�vide liability insurance; comply with EIR findings; acquire City permits as necessary. Section 21 Prevents private interest by City employees in development; also holds harmless City employees from individual liability for non-performance. SVK:df y « PARTICIPATION AGREEMENT FOR THE LEASING OF CERTAIN LAND FOR PRIVATE DEVELOPMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION AND THE WILLIAM LYON COMPANY a i TABLE OF CONTENTS -(continued Page (b) Time for Submission of Corrected Construction Plans 12 (c) Maximum Time for Approved Con- struction Plans 13 (d) Time for City Action on Change in Construction Plans 13 (e) Time for Submission of Evidence of Equity Capital, Mortgage Financing and Construction Documents 13 (f) Time for Furnishing Certificate of Completion 14 SECTION 11 Preparation of Property for Development 15 (a) Work to be Performed by the City 15 (b) Expenses, Income and. Salvage 17 (c) City`s Responsibilities for Certain Other Actions 17 SECTION 12 Responsibilities of Developer Prior to Construction of Improvements 18 (1) Conditional Use Permit 18 (2) Specific Plan 18 (3) Development Fees 19 (4) Schedule of Performance 19 (5) Mortgage Financing 19 SECTION 13 Changes or Repair of Work After Public Improvements are Constructed or Completed 19 SECTION 14 Restrictions on Use of Property 20 (a) Restriction on Use 20 (b) Covenants; Binding Upon Successors in Interest; Period of Duration 22 SECTION 15 Prohibitions Against Assignment and Transfer 23 (a) Representations as to Development 23 (b) Prohibition Against Transfer of Property and Assignment of Agreement 24 TABLE OF CONTENTS Page SECTION 1 Lease 3 (a) Duration 3 SECTION 2 City Requirements 4 (a) Occupancy and Use 4 (b) Maintenance and Operation of Property 4 (c) Landscaping 4 (d) Taxes 4 (e) Insurance 4 SECTION 3 Recordation of Lease 4 SECTION 4 Title Policy 5 SECTION 5 Conditions Precedent 5 SECTION 6 Time for Commencement and Completion of Improvements 6 SECTION 7 Notices and Demands 6 SECTION 8 Rights of Access to Property 7 (a) Right of Entry for Utility Service 7 (b) Developer Not to Construct Over Utility Easements 7 (c) Access to Property 7 SECTION 9 Construction of Improvements 8 (a) Plans for Construction Improvements 8 (b) Construction Drawings and Rela.ed Documents 8 (c) Landscaping Plan 9 (d) City Approval of Construction 1. 1ans and Drawings 9 (e) Architect's Certification 10 (f) Changes in Construction Plans 11 `g) Commencement and Completion of Construction of Improvements 11 (h) Progress Reports 12 SECTION 10 Time for Certain Other Actions (a) Time for Submsssion of Construction Plans 12 PARTICIPATION AGREEMENT FOR LEASING OF' LAND FOR PRIVATE DEVELOPMENT This agreement, and attachments annexed hereto and made a past hereof (hereinafter called "Agreement") , is made this day of 1979, by and between the CITY OF HUNTINGTON BEACH, a 14unicipal Corporation (hereinafter called "City") , and having its office at 2000 Main Street, P. 0. Box 190, Huntington Beach, California 92648, and THE WILLIAM LYON COMPANY, a Cali- fornia Corporation, organized and exiting under the laws of the State of California (hereinafter called "Developer") , and having its office at 19 Corporate Plaza, Newport Beach, California 92660. WIT14ESSETH: WHEREAS, in furtherance of the objectives of its Department of Housing and Community Development, the Planning Commission and City Council, the City has undertaken a program for the clearance, reconstruction or rehabilitation of the Old Civic Center site (hereinafter called "Project Area") located in the City, and; WHEREAS, the City requested proposals for conceptual archi- tc-tural drawings and financial feasibility statements for the construction and operation of a senior citizens housing develop- ment, full service senior citizens center, an exterior improvement and re-landscaping of the existing branch library and limited service commercial for the "Project Area," (hereinafter called "Development Plan") , and; TABLE OF CONTENTS (continued) i Page SECTION 16 Remedies 27 (a) In 'General 27 (b) Termination by City Prior to Conveyance 28 (c) Termination by Developer Prior to Execution of Lease 29 (d) Rights and Liabilities Termination Prier to Possess-.on 29 (e) Other Rights and Remedies of Parties; No Waiver by Delay 30 (f) Enforced Delay in Performance for Causes Beyond Control of Party 30 (g) Rights and Remedies Cumulative 31 SECTION 17 Special Provisions (a) Tax Exemption 32 (b) Bodily Injury and Property Damage Insurance 33 (c) Maintenance of Land Prior to Construction 33 (d) Execution of Documents 33 (e) E,lvironmental Impact Documents 33 (f) City and Other Governmental Agency Permits and Fees 34 (g) Successors in Interest 34 (h) Provisions Not Merged with. Lease 34 (i) Titles of Sections 35 SECTION 18 Counterparts 35 SECTION 19 Entire Agreement, Waivers , and Amendments 35 SECTION 20 Time for Acceptance of Agreement by City 35 SECTION 21 Conflict of Interest; Agency's Representa- tive Not Individually Liable 3'6 WHEREAS, ,_he stated goal of the City is to combine Housing and Community Development, General Funds and Section 8 Housing Assistance resources with those of private enterprise in order to provide a comprehensive housing, recreation, social and cultural center for senior citizens, and- WHEREAS, the Developer, along with other interested firms, submitted its detailed proposal on December 22, 1978, on its program designed to accomplish the goals enumerated by the City in its Request for Proposals, and; WHEREAS, the Developer made presentations to the Planning and Redevelopment Commissions and Citv Council and was recommended by t_. ; Planning and Redevelopment Commissions on March 13, 1979, as the proposed Developer, which such action was approved by the City Council on April 2, -979, and.; WHEREAS, Developer was selected by City of its selection as the developer for the development of the Project Area, and; WHET EAS, the City has off ixed to lease and Developer is willing to leuse cer::ain real property located in the project _.lea as Gnc-.-jn on the 'Site Map" which is incorporate: ..Crein and attached hereto as Attachment No. 1 (hereinafter called "Property") for the development of the housing, and; WHEREAS, the Developer is Willing to redevelop the Property for and in accordanca with tt�e uses specif -ad in the Request for Proposal and in accordance with the Agreement, and; -2- WHEREAS, the Developer's proposal for the construction of Alk assisted housing for the Project Area fulfills a vital need of the City; namely, the provision of housing for elderly persons, and each of the City and HCD is willing to undertake the obligation outlined in this Agreement in order to vork in partnership with the Developer to success ,- ly implement the development, and; WHEREAS, the City believes that the development of the Pro- perty puisuan_: to this Agreement, and the fulfillment generally of the Agreement, are vital and in the best .interest of the City and the health, safety, moral and welfare of its residents, and in accord with the public purposes and provisions of the appli- gable federal, state and local laws and requirements under which the Project has been undertaken and is being assisted. NOW THEREFORE, for the reasons set forth above, in considera- tion of the promises and the mutual obligations of the parties hereto, each of them c.oes hereby covenant and agree with the other as follows: 'ECTION 1.. Lease; Price, Terms (a) Duration. Subj ;ct to all the terms, covenants and conditions of this Agreement, the City dill lease the Property to the Developer for a term of fifty-five (55) years and the Developer will pay therefor the amount of One Dollar ($1.00) per year (hereinafter called. "Lease Price") , to be paid at the time and in the manner set forth in the lease, which when appr-,ved by the Huntington Beach City Council and executed will. be attached - 3- to this Agreement and incorporated therein uy this reference as Exhibit "A." SECTION 2. City Recuirements (a) Occupa:ncv—and Use. The Developer agrees that the lease shall contain provisions restricting use and occupancy of the property as outlined in Section 14 hereof. (b) Maintenance and Operation of Property. The Developer shall be responsible for the maintenance and operating of the Property within the leasehold boundaries. (c) Landscaping. The Developer shall install and maintain landscaping of the Property as defined in the Old Civic Center Specific Plan which when approved by the City Council will be attached to this Agreement and incorporated therein by this reference as Exhibit "B." (d) Taxes. The Developer agrees to pay such property taxes on the improvements to the Property as shall be assessed by the Orange County Assessor's Office. (e) Insurance. The Developer and/or its assignees or successors shall furnish and maintain in force policies of insurance and executed and maintained on file with the City, the C4.ty pre- scribed "Certificate of Insurance and Hold ',armless Agreement. " The required coverage, is as follows: One million dollars per occurrence for ,liability and indemnification. The City is to be h an additional insured on Developer's "et al" policy. SECTION S=. Recordation of Lease Aft The lease to be executed by the parties herein shall, be exe cuted in such form as the Orange County Recorder's Office shall require for it to be recorded 4 MO SECTION 4. Title Policy The Developer shall, at its own expense, order a preliminary title policy covering the leased portion of the site. SECTION 5. Conditions Precedent The obligation of the City to issue a lease to the Property and perform the conditions hereunder and the obligations of the Developer to make payment asd perform the conditions hereunder shall be terminated and neither the City nor the Developer shall have any rights .against or liability to the other under this Agreement in the event of any of the following: (1) The Developer has no _ receiveO, after exercising every reasonable effort, a firm commitine ,t from the California Housing Finance Agency, or HUD or any other funding :source (hereinafter called "Mortgage") , for a. construction loan and permanent mortgage, with respect to the Senior Citizens Housing to be constructed hereunder within one year of the date :eof. (2) The Developer furnishes evidence satisfactory to the City that it has been unable, after and despite diligent effort for a period of one year after the date of execution hereof, to obtain a commitment for mortgage financing for the construction of the improvements on a basis and on terms that would generally be considered satisfactory by builders or contractors for im- provements of the nature and type provided in the Construction Plans, and the Developer has, after having submitted such evidence and if so requester) by the City, continued to make diligent efforts to obtain; such financing. -5- (3) City is unable to obtain necessary General Plan Amend- ment and Spec.fic Plan Amendment and approval of South Coast Reaional Coastal Commission and other relevant federal and state agencies, or City departments such as but not limited to the Department of Development Services. SECTION 6. Time for Coltunencement and Completion of Improve- ' ments The construction of the improvements referred to in SECTION 9 hereof shall be commenced in any event within two (2) months after the closing of the mortgage financing, and, except as otherwise provided in this Agreement, shall be completed within the construction period set forth in the Mortgageee's firm com- mitment for mortgage financing. SECTION 7. Notices and Demands A notice, demand, or other communication under this Agree- ment ry either party to the other shall be sufficiently given or delivered if it is dispatched by registered mail or delivered personally, and (i) in the case of the Developer, is addressed to or delivered personally to the Developer at 19 Corpo-'ate Plaza, Newport Beach, California 92660, and, (ii) in the case of the City is addressed to or delivered personally to the Cit} at Office of City Administrator, 2000 Main Street, Huntington Beach, California 92648, :�r at such other address with respect to either such party as that -6- party may, from time to time designate in writing and forward to the other as provided in this Section. SECTION 8. Rights of Access to Property (a) Right of Entry for Utility Service. The City reserves for itself, and any public utility company, as may be appropriate, the unqualified right to enter upon the Property at all reasonable times for the purpose of reconstructing, maintaining, repairing, or servicing the public utilities located within the Property boundary lines and provided for in the easements described or referred to in SECTION 4 hereof. (b) Developer Not to Construct Over Utility Easements Pro- vided that the City and utility companies do not construct ir, conflict with stru:;tures delineated on plans of Developer unless said construction takes place on recorded easements referred to in the preliminary tit�.e report, the Developer shall not construct any building or other structure or improvement on, over, o- within the boundary lines of any easement for public utilities described or referred to in Paragraph (a) hereof, unless such construction is provided for in. such easement cir has been approved by the holder of such easement. If approval for such construction is requested by the Developer, the City shall use its best efforts to assure that such approval shall not be withheld unreasonable. (c) Access to Property. After hhe development of the Pro- perty by Developer, the Developer shall permit the representatives of the amity access to the Property at all reasonable times which y it deems necessary for the purpose of the Agreement, including {I6 I but not limited to, inspection of all work being performed in I connection with the construction of the improvements. No compen- sation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. SECTION 9. Construction of Imorovements (a) Plans for Construction Improvements. Plans and speci- fications for the development of the Property and the contruction of improvements thereon (hereinafter referred to as the "Improve- ments") shall be in conformity with the Old civic Center Specific Plan, and all applicable federal, state, and local laws and regula- tions. All work with respect to the improvements to be constructed or provided by the Developer on the Property shall be in conformity with the Construction Plans (Final Construction Documents and Specifications) as approved by the City. (b) Construction Drawings and Related Documents. she Developer shall prepare and submit construction drawings and re- lated documents to the Department of Development Services, Cit Huntington Beach (hereinafter referred to as "Development Servo for architectural review and written approval for the Property of portions thereof as provided in tha Schedule of Performance construction drawings and related documents shall be submit three stages--schematic, preliminary and final. Pinal drawings and plans are hereby defined as those in ; efficient deta<.l to obtain a building permit. Approval of progressively more detailed drawings and specifications will be promptly granted. by Development Services if they are not in conflict with drawings or specifications theretofore r -g_ approved. Any items so submitted and approves: in writing by Development Services shall not be subject to subsequent dis- approval. During the preparation of all drawingsand plans, Development Services and the Developer shall hold regular progress meetings to coordinate the preparation of, submission to, and review of construction plans and related documents by Development Services. Said parties shall commune 1d consult informally as fre- quently as is necessary _e that the formal submittal of any documents to Development Services can receive prompt and speedy consideration. If any revisions or corrections =hall be required by any governmental official, agency, department or bureau having juris- diction, or any lending institution involved in financing, the Developer and the City shall cooperate in efforts to obtain waiver of such requirements or to de•.,elop a mutually acceptable alterna- tive. If no such waiver is obtained and no such alternative is developed, the City shall be bound by such revisions or corrections if they are not inccasistent with the Scope of Development. (c) Landscaping Plan, The Developer shall prepare and submit to Development Services for approval final landscaping and finish grading plans for that portion of the Property containing the housing site. Said plans shall be prepared and submitted within she times set forth in the Schedule of Perfor-nance. (d) City Approval of Construction Plans and Drawings. Development Services shall have the right of architectural review of all plans and submissions, including changes therein.. -9- Development Services shall approve or disapprove the plans, drawings and related documents referred to in paragraphs (b) and (c) of this Section within the times established in the Schedule Of Performance. Any disapproval shall st,;.te in writing the reasons for disapproval. The Developer, upon receipt of a dis- approval based upon powers reserved to Development Services here- under shall revise such portions as are not a logical evaluation of the specific plans and construction require:wents previously approved by Development Services and resubmit to Development Services as soon as possible after receipt of the notice of disapproval. All plans, drawings and related documents approved in writing by Development Services shall not be subject to subse q�2ent disapproval. (e) Architect's Certification. The Developer shall submit to Mortgageee and Development Service the Architect's Certifica- tion on Mortgagee's prescribed form. Such certification shall be made by the architect responsible for the preparation of the working drawings and specifications for the improvements. he Architect's Certification shall state that, to the be4:t of the Architect's knowledge and bei.ief and professional judgment, (i) the working drawings and specifications art. consistent with the approved final proposal, and (ii) the proposed construction in accordance with these plans and specifications is permissir.?e under applicable zoning, building, housing and other codes, ordinances, or regulations as modified by any waivers obtained for the appropriate officials of the City of Huntington .Beach, This Certification shall also cover compliance with the -appropriate -l�- Minimum Property Standards (MPS) and other standards, quidelines and criteria applicable pursuant to Mortgagee's regulations as to cert_fication arm standards. One copy of such certified working drawings and specifications shall be submitted with. the Architecz's Certification to Mortgagee as well as to Develop- ment Services; provided, however, that receipt and retention by Mortgagee of these working drawings and specifications shall not denote or constitute Mortgagee review cr approval of such drawings and specifications. (f) Changes in Construction Plans. If the Developer Desires to make any change c~.ner than minor field change items as defined in Old Civic Center Specific Plan in the construction plans after their approval by the City, the Developer shall submit the proposed change to the City for its approval. If the construction plans, as modified by the proposed change confcrm to the requiremer!ts of SECTION 10 (a) hereof and the Scope of Development, the City shall approve the proposed change and notify the Developer in writing within fifteen (15) days after receipt thereof by the City. Such change in contruction plans in any event, shall be deemed approved by the City unless rejected by the City, in whole or in part, by written notice to the Developer within said fifteen (15) day period seating forth in detail the reasors therefor.. (g) Commencement and Completion of Construction ck Improve ments. The Developer agrees for itself, its successors and assigns, and e^:ery successor in interest to the Site, or any part the�:ecfe that the Developer, and such successors and assigns, shall promptly begin and diligently prosecute to completion the development -ll- 9111 of the Site through the construction of the improvements thereon, and that such construction shall in E:ny event be begun within the period specified in SECTION 6 hereof and be completed within the period specified in such SECTION 6. It is intended and agreed, and the Lease shall so expressly provide, that such agreement and covenants shall be covenants running with the land and that Lhey shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the City and enforceable by the City against the Developer and its successors and assigns to or of the Property or any part thereof or any interest therein. (b) Progress Reports. Subsequent to execution of a lease for Property, or any part thereof, to the Developer, and until construction of the Improvements has been completed, the Developer shall make reports in such detail and at such times as may reason- ably be requested by the City as to the actual progress of the Developer with respect to such construction. SECTION 10. Time for Certain tether Actions (a) Time for Submission of Construction Plans. The time within which the Developer s;iall submit its "Construction Plans" (as defined in SECTION 5 hereof) to the City in any event shall be not latei than the dates set forth in the Schedule of Perforauance. (b) Time for Submission of Corrected Construction Plans.. Ex- cept as provided in Paragraph (c) of this SECTION 10, the time within ::_)ich the Developer _. 11 .,ubmit any new or corrected Construction Plans as provided for in SECTION 9 hereof shall be not later than fo­ ty-five (45) days after the date the Developer receives written notice from the City of the City's rejection of. the Construction Plans referred to in the latest such notice. (c) Maximum Time for Approved Construction Plans. in any event, the time within which the Developer shall submit Construc- tion Pians which confcrm to the requirements of SECTION 9 hereof and are approved by the City shall be not later than dates set forth in the Schedule of Performance for the approval of such plans by the City. (d) Time for City Action on Chance in Construction Plans. The time within which the City may reject any change in the Con- struction Plans, as provided in SECTION 9 hereof, shall be fifteen (15) days after the date of the City's receipt of notice of such change. (e) Time for Submission of Evidence of Equity Capital, Mortgage Financing and Construction Documents. At the times set forth in the Schedule of Performance therefor, the Developer shall submit to the City for its approval of the following (i) A copy of the commitment or commitments ob- tained by the Developer for a *ortgage loan or loans to assist in financing the construction cf the Improvements (as defined in SECTION 9 hereof) , certified by the Developer to be a true and -rect copy or copies thereof; -1 3- (ii) A copy, certified by the Developer to be a true and correct copy, of contrdctor`s bonds covering labor, materials and performance :ior equal to one hundred percent (100%) of the construction price in the contract entered into by Developer and its general contractor. Said bonds and the construction contract must conform to Mortgagee requirements and be approved by the Community Development Director prior to commencement of construction. The City shall not unreasonably withhold such approval. Developer shall, prior to commencement of construction, deliver i.o the City a certificate from the bonding company insuriz:g aforesaid bonds, naming the City as an additional insured. (f) Time for Furnishin. Certificate of Completion (1) Promptly after completion of the Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Developer to construct the Improvements (including the dates for beginning and completion tnereof) , the City will furnish the Developer with an appropriate instrument so RIM certifying. Such certification by the City shall be (and it shall be so provided in the Lease and in the certification itself) a conclusive determination of satisfaction and termination of the covenants in the Agreement and in the Lease with respect to the obligations of the Developer, and its successors and assigns, to -14 construct the Improvements and the dates for the beginning and completion thereof. (2) Each certification provided for in this SECTION 10 shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property, including the Lease. If the City shall refuse or fall to provide any certification_ in accordance with the provisions of this Section, the City shall, within thirty M) days after written request by the Developer, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Developer to take or parform in order to obtain such certification. SECTION 11. Preparation of Property for Development (a) Work to be Performed by the City. The City prior to construction of Improvements on the Property and without expense to the Developer prepare the Property for developmc�at by the Developer in accordance with this Agreement. Such preparation. shall consist of the following, unless the City and the Developer hereafter agree in writing that any of the preparation shall not be done, or that it shall be done subsequent to the conveyance of, the Property: (1) Survey, The City at its own cost and expense shall ,vitiate an ALTA survey on the entire site. The survey -15- shall establish boundary lines for the housing site and such boundary lines shall be utilized for determining the area of responsibility of the Developer with respect to landscaping and maintenance duties. (2) Soils Report. The City a`:. its own cost and i expense small furnish the Developer with a copy of the soils report prepared by Associated Soils Engineers, Inc. , of Long Beach, California, dated 11/22/78. (3) General Plan Amendment. A General Plan Amendment shall be initiated encompassing the concept of Developer's pro- posal end processed by City for recommendation by the Planning Commission to the City Council for adoption at no cost or expense to the Developer. (4) Specific Plan. Shall be initiated by City staff at no cost to Developer. The Developer shall cooperate and supply whatever information may be required by City staff with respect to the housing development. (Attached as Exhibit "B" . ) (5) Environmental Impact Report. The City shall authorize Pacific Environmental Services of Santa Monica as out- side cor.8ultants to conduct an EIR study for the proposed develop- ment on the Property. The Developer shall pay a pro rata share of the cost of the EIR study for the housing site. (6) Coastal Commisson. The City shall initiate at no cost to Developer an application to the Coastal Commission for its approval of the proposed development. The Developer agrees to cooperate and provide necessary documentation required by City staff and to be available for all conferences, presentation and hearings as is required. -16- (7) Demolition and Removal. All existing buildings, surface and belov. grade structures and other -improvements on the Property, such as but not limited to, foundations, cesspits, wells, basements, debris, paving, all vegetation and deleterious material, shall be demolished and removed in their entirety, The .cavities left by such removal shall be back-filled and compacted according to the recommendations of a licensed soils engineer, who shall inspect snd certify as to the satisfactory completion of the work, which shall also comply with the latest requirements , f HUD's data s;.zet 79 G as it may be amended. (8) Removal and Relocation of Public. Utility Lines. The removal, relocation or abandonment by the City or by the ap- propriate public :body or public utility company of all public utility lines, installations, facilities, and related equipment. within or cn the Property, as necessary for the construction of the Project. (9) Filling and Grading. The City shall only be responsible for soil conditions and the placement of fill on the Property as hereinabove set forth. (b) Expenses, Income and Salvage. All expenses, including current taxes, if any, relating to buildings or other structures demolished or to be demolished in accordance with SECTION 11 hereof shall be borne by, and all income or salvage received as a result of the demolition of such buildings or structures shall belong to the City. (Es) Cty's Res2onsibilities for Certain Other Actions. The City, without expense to the Developer or assessment or claim -17- Ak against the Property and prior to completion of the Improvements )r at ,such earlier time or times as the Developer and t o City - may agree in writing, shall, in accordance with the Devei.opme,:t Plan, provide or secure or cause to be provided or secured, the following: (1) Vacation of Streets, Etc. The closing and vacation of all existing streets, alleys, and other public rights- of-way within or abutting on the Property. (2) Repiatting, Resubdivision, Rezoning or 3oning Variances. The replatting, resubdivision, rezoning or olitaining of zoning variances, if necessary for the conveyance of the Pro- perty. (3) Installation of Public Utilities. The installation or relocation (by the C-ty or by the appropriate public body or public utility company) of such sewers, drains, water and gas distribution lines, electric, telephone, and telegraph lines, and all other public utility lines, installations, and facilities as are necessary to be installed or relocated on or in connection &i with the property at a point to be designated by Developer by reason of the Development Pla. and the development of the Property: Provided, that the City shall not be responsible fir, nor bear any portion of the cost of, installing the necessary utility ccn- nections within the boundaries, of the Property between the Improve- ments to be constructed on the Property by the Developer and the water, sanitary sewer, and storm drain ;rains or other public utility lines owned by the City or by any public utility company -17- AM within or without such boundaries, or electric, gas, telephone or other public utility lines owned by any public utility company within or without such boundaries, and the Developer shall secure any permits required for any such installation witi. .ut cost or expense to the City. (4) Library and Senior Center. The City shall nego- tiate and enter into a separate Agreement with the Architectural firm of Kamnitzer Cotton Vreeland for their services in developing architectural schematics, and full working drawings and specifica- tions on both the Senior Center and Library. (5) Competitive Bids. City shall advertise for in the normal process for the work to be done on the constr tion of the Senior Center and improvements to the Library. SECTION 12. R! soonsibilities of Developer _Prior to Construc- tion of Improvements (1) Conditional Use Permit. Developer shall initiate at its own cost and expense an application for a .'onditional Use Permit (CUP) immediately after the City Council adopts the EIR and Specific Plan. (2) 'Specific Plan. The Developer agrees to abide by the requirements of the Specific Plan with respect to such things as: (a) installation cf sidewalks and street trees (b) Street signs (c) If Fire Department of City of Huntington Beach shall require additional hydrants f located on the housing site then the City and. Developer shall negotiate on the respective cost of installation of such additional fire hydrants. (3) Development Fees. The Developer agrees to pay the normal processing fees as may be adopted for the development of the Property as were specified in the City's Request for Pro- posals for such things as: (a) Plan Check and Building Per:..its (b) Water and Sewer Connection. Fees (c) Park and Recreation Fees (d) Environmental Impact Report (e) Conditional Use Permit (f) County Sanitation District Fees (g) Cultural Enrichment Fee (h) Street Improvement Fee (4) Schedule of Performance. .she Developer shall pre- pare a Schedule of Performance outlining the general processing time-table for the processing of the application for mortgage financing as well as the construction period and for the administr, tive processing and approvals required. Such Schedule of Perfovm- ance shall be attached to this Agreement as Exhibit "C. " (5) Mortgage Financing. Developer shall immediately submit an application to the Mortgagee for site and Developer approval. SECTION 13. Changes or Repair ox Work After Public Improve- ments are Constructed or Completed Once Public improvements are constructed or completed any changes required by the Developer shall be at the expense of the - 15- Developer. The City shall not be responsible for the removal, restoration or repair of any pending, finished or completed work which work must be or is removed or otherwise damaged by the Developer in developing the Property. The Developer shall bear all expense for restoring or re- pairing any such work. These repairs, improvements and restoration shall be constructed in accordance with f _ technical specifica- tions and practices of the City. The City shall coordinate all. uncompleted work required under thy; Section with Developer's schedule and activities so that all work may be completed in a manner consistent with Developer's construction efforts. Any other work to be performed by the City with reference to the Pro- perty shalt. be as specified in the Development Plan and within the times specified in the Schedule of Performance. AM SECT:[ON 14. Restrictions on Use of Proper (a) Restriction on Use. The Developer agrees for itself, and its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Lease shall contain covenants on the part of the Developer for itself, and such suc- cessors and assigns, that the Developer, and such successors and assigns, shall: M Devote the Property to, and only to and in accordance with, the uses specified in this Agreement; and (ii) Not discriminate upon the basis of race, color, marital status, religion, sex or national origin -20- of the Property: Provided, that the City shall not be responsible for, nor bear any portion of the cost of, installing the necessary utility connections within the boundaries of the Property between the Improvements to be constructed on the Property by the Developer I and the water, sanitary sewer, and storm drain mains or other public utility lines ox-ned by the City or by any public utility company within or without such boundaries, or electric, gas, telephone, or other public utility lines owned by any public utility company within or without such boundaries, and the Developer shall secure any permits required for any such installation without cost or expense to the City or the Agency. (4) Library and Senior Center. The City shall nego- tiate and enter into a separate Agreemcnt with the Architectural firm of Kamni.tzer Cotton Vreeland for their services in developing architectural schematics, and full working drawings and specifica- tions on both the Senior Center and Library. (5) ComRetitive Bids . City shall advertise and pull out for bid in their normal process the work for the construction I of the Senior Center and improvements to the Library. SECTION 12. Responsibilities of Developer Prior to Construction ,of Improvements. (1) Conditional Use Permit. Developer shall initiate at its own cost and expense an application for a Conditional Use Permit 21 6 fullest ext:.nt permitted by law and: equity, for the benefit and in favor of, aqd enforceable by, the City and any successor in interest to the Property, or any part Hereof, against the Developer, its successors and assigns and every successor in interest to the Property, or any part thereof or any interest th.erein, and any party in possession or occupancy of the Property or any part thereof. SECTIO14 15. Prohibitions Against Assignment and Transfer (a) Representations as to Development. The Developer re-, presents and agrees that its leasing of the Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of development of the Property and not for speculation in land holding. The Developer further recognizes that in view of: (1) the importance of the development GE the Pro- perty to the general welfare of the community; (2) the substa. -_ial financing and other public aids that have been made available by law for the � jrpose of making such development possible; and (3) the fact that a transfer of the ownership interest in the Developer or of a substantial part thereof, or any other action or transaction involving or resulting in a signifi- cant change in the ownership or with respect to the identity of the parties in control of the Developer or the degree thereof, is for practical purposes a transfer of disposition of the pro- Ak party then owned by the Developer -23 the qualifications and identity of the Developer are of particu- lar concern to the community and the City. The Developer further recognizes that it is because of such qualifications and identity that the City is entering into the Agreement with the E•eveloper, and, in so doing, is further willing to accept and rely on the obligations of the Developer for the faithful performance of all undertakings and covenants hereby by it to be performed with- out requiring in addition a surety bond or similar undertaking for Such performance of all undertakings and covenants in the Agreement. (b) Prohibition Against Transfer of Property and Assign,aent of Agreement. Also, for the foregoing reasons, the Developer represents and agrees for itself, and its successors and assigns, the Developer will not transfex the Lease to the Property nor assign any of its obligations undertaken by this Agreement except that: (1) For security purposes to obtain financing neces- sary to enable the Developer, or any successor in interest to the Property, or any part thereof, to perform its --bligations with respect to making the Improvements under the Agreement, and (2) Prior to the initial endorsement of the mortgage by Mortgagee, Developer may assign all or a portion of its rights and obligations under this Agreement to a joint venture, limited or general partnership for the purpose of acquiring and ddveloping the Property provided that. Mortgagee approves the transfer in writing and the said joint venture, limited or -24- general partnership or other entity agrees in writing to be bound L,y all of the provisions of th':s Agreement. (3) The City shal' be entitled to require, except as otherwise provided in the Agreement, as conditions tc required prior written approval of any transfer that: (i) Any proposed transferee shall have the qualificationG and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligation under- taken in the Agreement by the Developer (or, in the event the transfer is of or relates to part of the Property, such obligations to the extent that they relate to such part),;. Any prcposed transferee, by instrument in writing satisfactory to the City and in farm recordable among the land records, shall, for itself and its successors and assigns, and expresGly for the benefit of the City, have expressly assumed all of the obligations of the Developer under the Agreement and agreed to be subject to all the conditions and re- strictions to which the Developc- is subject (or, in event the transfer is of or relates to part of the Property, such obligations, conditions, and res-crictions to the extent tb at they relate to such part) Provided, -25- i I that the tact that any transferr of, or any other successor in interest whatsoever to, the Property, '-r any part thereof, shall, whatever the reason, not have assumed such obligations or so agreed, shall not (unless and only to the extent otherwise specifically provided in the Agreement or agreed to in writing by the City) relieve or except such transferee or successor of or from such obligations, conditions or restrictions, or deprive or limit the City or with respect to any rights or remedies or controls with respect to the Property or the construction of the Improvements; it being the intent of this, together with other provisions of the Agreement, that (to the fullest extent per- mitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, lease- hold in the Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall, operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from the Agreement with respect to the Property and the construction of the -26- $R:. Improvements that the City would have had, had there been no such transfer or change. (iii) There shall be submitted to the City for review all instruments and other legal docu- ments affecting the iaentity or name style of Developer or its successors; and if ap- proved by the City, its approval shall be .S indicated to the Developer in writing. (iv) The Developer and its transferee shall comply with such other reasonable conditions as the City may find desirable in order to achieve and safeguard the purposes of the De:e7.opment Plan. Provided, that in the absence of specific written agreement by the City to the contrary, no such transfer or ap- proval by the City thereof shall be deemed to relieve the Developer, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Improvements, from any of its obligations with respect thereto. SECTION16 Remedies (a) in General. Except as to any failure of the conditions precedent set forth in SECTION 5 hereof, and as otherwise provided in the Agreement, in the event of any default in or breach of the Agreement, or any of its terms or conditions by either party hereto, or any successor to such party, such party (or successor) shall, -27- upon written notice from the other, proceed immediately to cure or remedy such default or breach, and, in any event, within sixty (60) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or f breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. (b) Termination by City Prior to Conveyance. Subject to SECTION 16 (f) , in the event that prior to execution of Lease to the Property to the Developer and in violation of this Agreement Developer fails to meet its obligations hereunder, including, without limitation, any failure by Developer to make a good faith effort to fulfill the conditions precedent, and at the option of the City, this Agreement shall be terminated and any rights of the Developer, or any assignee or transferree, in the Agreement, or arising therefrom with respect to the City or the Property, shall, at the option of the City, be terminated by the City, and neither the Developer (or assignee or transferee) nor the City shall have any further rights against or liability to the other ender the Agreement. In the event the City terminates this Agreement prior to con- veyance, as provided herein, any services rendered or funds ex- pended by the Developer shall be absorbed by the Developer without -28- it recoupment whatsoever, and neither the Developer nor the City shall have any further rights against or liability to the other. (c) Termination by Developer Prior to Execu_ion of Lease. Subject to SECTION 16 (f) , in the event that the City does not tender possession of the Property in the manner and condition, and by the date, provided in the Agreement, and any such failure shall not be cured within thirty (30) days after the date of written demand by the Developer, then the Agreement shall, at the option of the Developer, be terminated by written notice thereof to the City, and neither the City nor the Developer shall have any further rights against or liability to the other except as provided under the Agreement. In the event the Developer termin- ates this Agreement under those conditions set out in the previous sentence, the Developer shall be entitled to a refund of any funds advanced to obtain a Mortgageecommitment for financing, if not otherwise refundable, plus 50% of all certifiable out-of-pocket costs directly attributable to this project represented by Mortgagee filing fees, the out-of-pocket cost of preparing final architectural and egineering plans and specifications, plan check fees, and building permit fees. (d) Rights and Liabilities Termination Prior to Possession. The City and Developer agree that it would be impractical or ex- tremLlg Jiffieult to fix actual damages in case of termination prior to conveyance and therefore agree that their rights and liabilities to the other under this Agreement are limited to those provided in paragraphs (b) and (c) of the SECTION 16. 6 -2 9"` (e) Other Rights and Remedies of Parties; No Waiver by Delay. The parties shall have the right to institute such actions or pro- ceedings as it may deem desirable for effectuating the purposes of the SECTION 16 including also the right to execute and record or file among the public land records in the office in which the Lease is recorded a written declaration the termination of all the right, title, and interest of the Developer, and (subject to such mortgage liens and leasehold interests as provided in this SECTION 16 hereof) its successors in interest and assigns, in the Property, and IL-1-ie revesting of title thereto in the City: Provided, that any delay by the parties in instituting or prose- cuting any such action or proceedings or otherwise asserting its rights under this Agreement si,all not operate as a waiver of such rights or to deprive them of or limit such rights in any way (it being the intent of this provision that the party should not be constrained so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because or concepts of waiver, laches, or otherwise to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved) ; nor shall any waiver in fact made by one party with respect to any specific default by the other party under this Section be considered or treated as a waiver of rights of one party with respect to other defaults by the u, er party under this Section or with respect to the particular default except to thi, extent specifically waived in writing. (f) Enforced Delay in Performance for Causes Beyond Contiol- of Party For the purposes of ary of the provisions of the Agreement -30 ilf L I ' neither the City nor the Developer as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to the preparation of the Property for development, or the beginning and completion of construction of the Improvements, or progress in respect thereto, in the event of enforced delay in the performance of such obliga- tions due to unforseeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, acts of the publi- enemy, acts of the Federal or State government, including processing of financing commitments, acts of the other party, fires, floods, epidemics, quarantine restric- tions, strikes, freight, embargoes and unusually severe weather or delays of subc,.intractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for per- formance of the City with respect to the preparation of the Pro- perty for development or of the Developer with respect to con- struction of the Improvements, as the case may be, shall be ex- tended for the period of the enforced delay as determined by the City: Provided, that the party seeking the benefit of the provisions of this Section shall, within thirty (30) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof, and requested an extension for the period of the enforced delay. (g) Rights and Remedies Cumulative. The rights and remedies of the parties to the Agreement, whether provided by law or by the Ask Agreement, shall be cumulative, and the exercise by either party _�1- NO of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner or time thereof, or any obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, cr a waiver in any respect in regard to any other rights of the paf-y making the waiver or any other obliga- tions of the other party. SECTIoti 17. Special Provisions (a) Tax Exemption. The Property shall not be removed from the property tax rolls and shall not be exempted from property tax payments, except under programs now or hereafter enacted by the State of California for the general relief of homeowners. Developer for itself and for its successors and assigns agreAs to pay taxes attributable to the leasehold improvements and not to file an application for exemption from property tax assessment and payment, except for those exemptions which may now exist or hereafter be enacted by the State of California for the general relief of homeowners. This in no way limits Developer's right to question or seek reduction of any assessed valuation of the Pro- perty. -32- (b) Bodily In;ury and Property Damage Insurance. Before commencement of `ny work of improvement upon the Property, the Developer shall furnish or cause to be furnished to the City duplicate originals or appropriate certificates of bodily injury and property damage insurance policies in the amount of at least $500,000 for any person, $1,000,000 for any occurrence and $100,000 property damage, the City to be named as co-insured. (c) Maintenance of Land Prior to Construction. The Developer sha'.1 maintain the cleared land he leases within the Project Area in a neat and orderly condition between the date of possession and the commencement of construction. (d) Execution of Documents. The City and the Developer agree to execute any and all documents that may be necessarily required by California Housing Finance agency in connection with this Project. (e) Environmental Impact Documents. As a condition precedent to Developer's obligation to lease the Property hereunder, the City shall have caused to be prepared and approved such environ- mental findings and documentation for the Development Plan for the Project with respect to improvements contemplated in the Scope of Development, as may be required by the California En- vironmental Quality Act of 1970, as amended (CEQA) , the Coastal Commissio.i and all applicable state regulations and local ordinances with respect thereto, so that the Developer and the City shall be legally entitled under the California Environmental Quality Act of 1970 and all state regulations and local ordinances to construct 0 -33- and use the improvements contemplated in the Scope of Development (and all time perioas for any judicial or administrative appeal from or collateral attack upon such findings, or the apEroval thereof, or the applicability thereof to the Project shall have expired and no such appeal or attack shall be pending) . The f` Developer shall pay a proportionate share of the said fee as relates to the Property and snill provide all reasonable assist- ance to the City and the Agency in satisfying the foregoing con- ditions. The Developer shall comply with all mitigation measures pro- posed to minimize adverse '_•enacts resulting from project imple- mentation which are included in any such environmental documenta- tion. (f) City Other Governmental Agena__Permits and Fees. Before commencement of construction or development of any buildings, structures or other work or improvement upon the Property or any portion thereof, the Developer shall at its own expense secure or cause to be secured any and all permits and pay any and a-1 fees and charges which may be required by the City or any other govern- . �I mental agency affected by such construction, development or woak. The City shall provide all proper assistance to the Developer in securing such permits. (g) Successors in Interest. The terms of this Agreement shall bind the parties, namely the City, and Developer, and their successors in interest, if any. (h) Provisions Not Merged with Lease. None of the pro- visions of the Agreement are intended to or shall be merged by -34 reason of any lease transferring possession to the property from the city to the Developer or ant successor in interest, ana any mom such lease shall not be deemed to affV t or 1r.=,)aJr tnt provisions and covenants rjl' the Agreement . hil'; I' Itten 'Ivvc'r'.11 of the Agreement are Inserted t',,r convenience of reference only and sha,i be disregarded ir, construing or inter:retinL any of its provisions. Hold Harmless. DeveiopeFr_ agrees -,rj indemnify, hold harmless and defend City in all actions arising from all activities pursuant to this cont-?act. Developer further agrees to pro V4 de worzerst compensation insurance and supply proof of suph insurance ­1,n the "Ity 's insurance fors �1 SECT'014 1 . Counterparts. This Agreemen.' is ex,�!uted in five L _1 (5; counterparts, each of which is deemed be an original. S712ION 19. Entire Agreement , Waivers, and Amendments. The Agreement integrates all cf the terms anj conditicns mentioned here- in or incidental hereto, and supersedes all re6otia-_Ions or previous agreements between ' .ne -1a_r-_i'ez with res7. ect 11z: all or any part of the subject matt,--r hereof. All waivers f..'f the provisi.,,no of ;his Agreement mmst be in writing by the appropriate authorities of the "ity or the Developer and all amendments ht.-eto -ast be in by the appropriate authorities of the Cit;y and the Devel3per. SECTION eO. Tine for A<,.�2epttance of AGreement by City. This Agreement, when executed by the Develzzler and delivered to the City must be authorized, executed and di:-'­*Lvered by the City within thirty (30) days after the date of signature by the Developer or this Agreement shall be vold, except to the extent -35- that the Developer shall consent in w—iting to a further extension of time for the authorization, execution and delivery of this Agreement. The date of this Agreement shall be the date when the Agreement shall have been :signed by the City. The City and the Developer covenant that each individual executing this document by and on behalf of each party hereto is a person duly authorized to execute contracts for that party. SECTION 21. Conflict of interest; Agency's Representative Not Individually Liable. o member, official, or employee of the City shall have any i personal interest, direct or indirect, in this Agreement nor shall any such nember, official, or employee ierticipate in any decision relating to this Agreement that affects his personal interest or the interest of any corroration, partnership, or association in which he is, directly or indirectly, interested. No member, official., or employee of the City shall be personally liable to Developer or any successor in interest in the event of any default: or breach by the City, or for any amount that may become due -to Developer or successor, or on any obligation under the terms of this Agreement. IN WITNESS WHEREOF, the City and the Developer have signed this Agreement as of the dates set oppostire their signatures. CITY OF HUNTINCTON BEACH DATE By: Mayor --36- ATTEST: APPROVED AS TO FORM: City Clerk µCity Attorney WILLIANx LYO v COMPANY DATE: ATTEST: INITIATED AND APPROVED: Secretary i e�r of Development Services APPROVED AS TO CONTENT: ity A inistra, or 4 EXHIBIT C HUNTING ON BEACH SCHEDULE - JG'NE26, 1979 JAN. FEB. MAR. AP MAY JUNE JVLY 7/16 AUG SEP,,. OC NOV. DEC. City City Selection Council 19/17 ii/5 , Pait. Agreement 1� Planning City Site Survey, 8 � Comrrdnbion Council t � +C Specific Plar. Amendiny 2-:,n1n,x Ord. ' 39-clay Waiting and V.11( A[rI>rova l Por ii'id C:HFA Stage 1 Lca^^>e Agxo( oont .C;.P. Approvals CFIFA Stz,(res Z b 3 �t coastal Cornmissiunl 6 Weeks IHQ vorkung Diaw Close CHFA nqs Loan 3 Months Citv Plan Check Deno. Cleat, U Weeks 4 We,�ks Bid Plans "nsite 6 Weeks Offsites Constructim 4 Weeks on Site Construction l"'81 14 Months f t Marketin Period } h 'LD + 1 `IC CENTER SEVIC)R HOUSING PRKCOECT Rent Up 3 Months 14 ® T O HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION M'11INGTON 6E.K11 G� To Floyd G. Belsito From Stephen V. Kohler, Se for , City Administrator Community Development Specialist Subject PROGRESS REPORT: S.:�NIOR CITIZENS Date July 16, 1979 HOUSING AND RECREATION FACILITY ON OLD CIVIC CENTER SITE. I would like to take this opportunity to provide the following information regarding the progress of the subject project. 1. PERFORMANCE SCHEDULE Attached is the Performance Schedule for the Senior Housing and Recreation Facility on the Old Civic Center Site. This schedule will become a part of the Participation Agreement, when approved by Council, and depicts the actions necessary and time required to implement the project. 2. PARTICIPATION AGREEMENT This Agreement will become the basis for establishing the responsi- bilities and financial commitments of both the developer and the City. A draft of this Agreement and a summary of its contents was trans- mitted to Council on July 12, 1979, and the study session of Monday, July 16, 1979, will offer the Council the opportunity to ask questions regarding its contents. A final form of the Agreement will be transmitted to Council prior to the August 6, 1979 meeting and, if the Council concurs, the Agreement may be executed at that meeting. 3. CALIFORNIA HOUSING FINANCE AGENCY In addition to the approval of the developer's "Stage I" application to the California Housing Finance Agency, which was reported to Council on ,Tune 14, 1979, the developer has also received verbal commitment from the CHFA to provide subsidy funds for 49 percent of the planned apartment units. The CHFA has also expressed support for the inovative concept of the project. 4. ARCHITECTURAL SERVICES CONTRACTS Copies of proposed Architectural Services contracts for both the new Senior Citizens Recreation Center and for the remodel of the Main Street Branch. Library we .e transmitted to Council on July 12, 1979. These agreements will also be discussed at the July 16, 1979 study session, and if Council concurs, may be scheduled for execution by the Council on August 6,_1979. Floyd G. Bel.sito Page Two 5. ENVIRONMENTAL IMPACT REPORT The data collection phase of the EIR being prepared by Pacific Environmental Services is scheduled to be complete by July 20, 1979. The Draft EIR will then be prepared and after City screening, transmitted to outside agencies for a review and comment period of 45 days. The Planning Commission public hearing on this document is tentatively scheduled for October, 1979 (see Performance Schedule) _ 6. SPECIFIC PLAN AMENDMENT TO THE ZONIN( ^^ =NANCE The staff review of the Draft Old Civ . ( , .., Specific Plan is nearly complete. The document wil_ _ -t-y be transmitted to the City Attorney's Office for review prior '-o a Planning Commission public hearing tentatively scheduled to occur concurrently with the EIR hearing in October, 1979. 7. RESOLUTION OF INTENT - VACATION OF A PORTION OF PECAN AVENUE A Resolution of Intent to vacate a portion of ?ecan Avenue public right-of-way, was transmitted to Council on Jull 12, 1979. With Council concurrence, this item may be included on t.ie August 6, 1979 Council Agenda. At that time, the Council may set a date and time for a public hearing on the vacation not sooner than fifteen (15) days after the adoption of the Resolution of Intent (suggested public hearing date: September 4, 1979) . SVK: p FEB. MAR. r'iL MA'. i A'... S :j'.. ^.' . . ti: D:._ Cit•. City Salect I rin CoU:IC i 1 P1QTt t1C1 :lt•' Site SurVey, Pa:.t. Aarmer..ent Com issior. .gun^i� f 1979 �. Sne:-.fi- Plan Are.-ding r ' e. ard FIR naprova:—�i �PC-: .,: f Cu_ _f.. Lease Aurpement ! "'• .:'. Apprrual faze;: 2 6 3 Coastal Commission) G Wee!�s 1980 ';orkinq DLawings Clase Loa::RF. 3 Months i Cir• Plan Check ea:;. Clean 8 Weeks 4 Wee%s } Raid Plans insite ti Sleeks ffsite= Cor.structi 4 Wee'c or. Site Construction 1981 14 l;onths Marketinq Period L OLD CIVIC CENTER SENIOR HOUSENG PROJECT Rent Up 3 Months f( { l v:66 IM da _ "CCCLJJ" `zB�31f_ ,LI. w h i } � BT y f � • 4 •ir ;"R. � � _ �{ �• s�t� •ECG ` �t f�. �'� R t toy LL _ 6 1Y I _ a .s A A „ A F� C C C \\ C c & 9 G roof v' c C C� C c c c AM C C c C FIRST FLOOR PLAN THIRD F D C C C j C _ C a 8 c C C G ?, D C C C C a C C C C C c C C C E E C C C C C C C C C C C E E C C I A A A F C Yo �� � r Yt ff-f C C MCI c C SECOND FLOOR PLAN ��` I .�.• ^l r. 8 B AEA,COUNT LIMIT COUNT D , C f G C C C C J root BOOS! '36 1 bedroom t third floor 202WSI 12 2 badrt)OM ~ _ i_ —L'-'V y*c"floor 32�•CYs! 10 e1t,e,e��es T—'T��� ` C C`-j— TC � �hoot 35.5o0st 156 'ntni f •; C '"�': _ f () J J C I C ros,ro taor 19365sr $: `' borw 106445sf mn. mawmeb4 r iIP Y7_M. ... vK 4 _ .µ , _i is the stilt lease, ut rental or in the use or UCCUpaaic'y of the Property or any impruvc-- ruents erec Led or to be erected thereon, or any part thereof. ( icy) Include the legend, "An Open Occupancy Building" in type or lettering of easily legible size and design in all advertising (including signs) for the sale and/or rental of the whole or any part of the P° operty. The word "Project" or "Development" may be substituted for the word "Building" where circumstances require substitu- tion. (iv) Comply with the regulations issued by the Mortgagee and all applicable rules and regula- tions issued pertaining to affirmative marketing, affirmative action, leasing and employment .Jandords. cv) Not use the Property for any purpose other than for low and moderate income housing of senior citizens and handicapped persons for a period of fifty-five (55) years from the dare of the Lease, oL until maturity date of the mortgage pertaining toutoto, whichever is longer, or the pc>.iiod in which Section 8 or a substantially equivalent suczcr ssor program i�- in effect. The mortgage on t tic; Iyroherty may not be prepaid without the f 21- PARTICIPATION AGREEMENT FOR THE LEASING OF CERTAIN LAND FOR PRIVATE DLLTELOPMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION AND THE WILLIAM LYON COMPANY TABLE OF CONTENTS Page SECTION l Lease 3 (a) Duration 3 SECTION 2 City Requirements 4 (a) Occupancy and Use 4 (b) Maintenance and Operation of Property 4 (c) Landscaping (d) Taxes 4 (e) Ins-rance 4 SECTION 3 Recordation of Lease 4 SECTION 4 Title Policy 5 SECTION 5 Conditions Precedent 5 SECTION 6 Time for Commencement and Completion of Improvements 6 SECTION 7 Notices and Demands 6 SECTION 8 Rights of AccesG to Property 7 (a) Right of Entry for Utility Service 7 (b) Developer Not to Construct Over Utility Easementb 7 (c) Access to Property 7 SECTION 9 Construction of Improvements 8 (a) Plans for Construction Improvements 8 (b) Construction Drawings and Related Documents 8 (c) Landscaping Plan 9 (d) City Approval of Construction Plans and Drawings 9 (e) Architect's Certification 1.0 (f) Changes in Construction Plans 11 (g) Commencement and Completion of Construction of Improvements 11 (h) Progress Reports 12 SECTION 3.0 Time for Certain Other Actions (a) Time for Submission of Construction Plans; 12 TABLE OF CONTENTS - (continued) Page (b) Time for Submission of Corrected Construction Plans 12 (c) Maximum Time for Approved Con- struction Plans 13 (d) Time for City Action on Change in Construction Plans 13 (e) Time for Submission of Evidence of Equity Capital, Mortgage Financing and Construction Documents 13 (f) Time for Furnishing Certificate of Completion 14 SECTION 11 Preparation of Property for Development 15 r (a) Work to be Performed by the City 15 (b) Expenses, Income and Salvage 17 (c) City's Responsibilities for Certain Other Action3 17 i SECTION 12 Responsibilities of Developer Prior to Construction of Improvements 19 (1) Conditional Use Permit 19 (2) Specific Plan i9 (3) Development Fees 20 (4) Schedule of Performance 20 (5) Mortgage Financing 20 SECTION 13 Changes or Repair of Work After Public Improvements are Constructed or Completed 20 _.ECTION = 4 Restrictions on Use of Property 21 (a) Restriction on Use 21 (b) CovenantE; Binding Upon Successors in Interest; Period of Duration 23 SECTION 15 Prohibitions Against Assignment and Transfer 24 (a) Representations as to Development 24 (b) Prohibition Against Transfer of Property and Assignment of Agreement 25 TABLE OF CONTENTS (continued) Par, SECTION 16 Remedies 2$ (a) In General 28 (b) Termination by City Prior to Conveyance 29 (c) Termination by Developer Prior to Execution of Lease 30 (d) Rights and Liabilities Termination Prior to Possession 3:01 (e) Other Rights and Remedies of Parties; No Waiver by Delay 31, (f) Enforced Delay in Performance for Causes Beyond Control of Party 31, (g) Rights and Remedies Cumulative 32 SECTION+ 17 Special. Provisions 33 (a) Tax Exemption 33 (b) Bodily Injury and Property Damage Insurance 34 (c) Maintenance of Land Prior to Construction 34 (d) Execution of Documents 34 (`) Environmental Impact Documents 34 r (f) City and other Governmental Agency Permits and Fees 35 (g) Successors in Interest 35 (h) Provisions Not Merged with Lease 35 (i) Titles of Sections 36 (j) Hold Harmless 36 SECTION 18 Counterparts 36 SECTION 19 Entire Agreement, Waivers, and Amendments 36 SECTION 20 Time for Acceptance of Agreement by City 36 SECTION 21 Conflict of Interest; Agency's Represents- %—ve Not Individually Liable 37 PARTICIPATION AGREEMENT FOR LEASING OF LAND FOR PRIVATE. DEVELOPMENT This agreement, and attachments annexed hereto and made a part hereof (hereinafter called "Agreement") , is made this 0t— day of L2 /'_ 1979, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corperation (hereinafter called "City") , and having its office at 2000 Main Street, P. 0. Box 190, Huntington Beach, California 92648, and THE WILLIAM LYON COMPANY, a Cali- fornia Corporation, organized and existing under the laws of the State of California (hereinafter called "Developer") , and having its office at 19 Corporate Plaza, Newport Beach, California 92660. WITNfSSETH: WHEREAS, in furtherance of the objectives of its Department of Housing and Community Development, the Planning Commission and City Council, the City has undertaken a program for the clearance, reconstruction or rehabilitation of the Old Civic Center site (hereinafter called "Project Area") located in the City, and; WHEREAS, the City requested proposals for conceptual archi- tectural drawings and financial feasibility statements for the construction and operation of a senior citizens housing develop- ment, full service senior citizens center, an exterior improvement and re-landscaping of the existing branch library and limited service commercial for the "Project Area," (hereinafter. called "Development Plan") , and; 7,WHAS, the Mated goal of the City is to combine Housing aDevelopment, General Funds and Section 8 Housing Assistance resources with those of private enterprise in order to p~ovide a comprehensive housing, recreation, social and cultural center for senior citizens, and; WHET-AS, the Developer, along with other interested firms, submitted its detailed proposal on Decv-mber 22, 1978, on its program designed to accomplish the goals enumerated by the City in its Request for Proposals, and; WHEREAS, the Developer made presentations to the Planning R- and Redevelopment Commissions and City Council and was recommended by the Planning and Redevelopment Commissions on March 13, 1979, as the proposed Developer, which such action was approved by the City Council on April 2, 1979, and; WHEREAS, Developer was notified by City of its selection as the developer for the development of the Project Area, and; WHEREAS, the City has offered to lease and DevelopeL is walling to lease certain real property located in the Project Area as shown on the "Site dap" which is incorporated herein and attached hereto as Attachment 117o. 1 (hereinafter called "Property") for the development of the housing, and; WHEREAS, the Developer is willing to redevelop the Property for and in accordance with the uses specified in the Request for Proposal and in accordance with the Agreement, and; -2- WHEREAS, the Developer's proposal for the construction of assisted housing for the Project Area fulfills a vital need of the City; namely, the provision of housing for elderly persons, and each of the City and HCD is willing to undertake the obligation outlined in this Agreement in order to work in partnership with the Developer to successfully implement the development, and; WHEREAS, the City believes t..at ;.:ie development of the Pro- perty pursuant to this Agreement, au. t -.-: .•.,.lfillmenI generally j of the Agreement, are vital and in .zc u,_st interest of the City j and the health, safety, moral c.nd= welfG.ze of its residents, and in accord with the public and provisions of the appli- cable federal, state and local laws and requirements under which the Project has been undertaken and is being assisted. NOVI THEREFORE, for the reasons set forth above, in considera- tion of the promises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SECTION 1. Lease: Price, Terms (a) Duration. Subject to all the terms, covenants and conditions of this Agreement, the City will lease the Property to the Developer for a term of fifty-five (55) years and the Developer will pay therefor the amount of One Dollar ($1.00) per year (hereinafter called "Lease Price") , to be paid at the time and in the manner set forth in the lease, which when approved by the Hi_ntington Beach City Council and executed will be attached. 3- to this Agreement and incorporated therein by this reference as Exhibit "A." 14 SECTION 2. City Requirements (a) Occupancy and Use. The Developer agrees that: the lease shall contain provisions restricting use and occupancy of the property as outlined in Section 14 hereof. (b) Maintenance and Operation of Property. The Developer shall be responsible for the maintenance and operating of the Property within the leasehold boundaries. (c) Landscaping. The Developer shall install and maintain " landscaping of the Property as defined in the Old Civic Center Specific Plan which when approved by the City Council will be attached to this Agreement and incorporated therein by this reference as E..hibit "B.." (d) Taxes. The Developer agrees to pay such property taxes on the improvements to the Property as shall be assessed by the Orange County Assessor's Office. (e) Insurance. The Developer and/or its assignees or successors shall furnish and maintain in force policies of insurance and executed and maintained on file with the City, the City pre- scribed "Certificate of Insurance and Fold Harmless Agreement. " The required coverage is as follows: One million dollars per occurrence for liability and indemnification. The City is to be an additional insured on Developer's "et al" policy. SECTION 3. Recordation of Lease The lease to be executed by the parties herein shall be exe exe- cuted in such form as the orange County Recorder's office shall require for it to be recorded. -4- SECTION 4. Title Policy The Developer shall, at its own expense, order a preliminary title policy covering the leased portion of the site. SECTION 5. Conditions Precedent The obligation of the City to issue a lease to the Property and perform the conditions hereunder and the obligations of the Developer to make payment and perform the conditions hereunder shall be terminated and neither the City nor the Developer shall have any rights against or liability to the other under this Agreement in the event of any of the following. (1) The Developer has not received, after exercising every reasonable effort, a firm commitment from the California Housing Finance Agency, or HUD or any other funding source (hereinafter called "Mortgagee"), for a construction loan and permanent mortgage, with respect to the Senior Citizens Housing to be constructed hereunder within one year of the date hereof. (2) The Developer furnishes evidence satisfactory to the City that it has been unable, after and despite diligent effort for a period of one year after the date of execution hereof, to obtain a commitment for mortgage financing for the construction of the improvements on a basis and on terms that would generally be considered satisfactory by builders or contractors for im- provements of the nature and type provided in the Construction Plans, and the Developer has, after 'caving submitted such evidence and if so requested by the City, continued ;.o make diligent efforts to obtain such financing. -5- (3) City is unable to obtain necessary General Plan Amend- ment and Specific Plan Amendment and approval of South Coast Regional Coastal Commission and other relevant federal and state agencies, or City departments such as but not limited to tho Department of Development Services. SECTION 6. Time for Commencement and Completion of Improve- meets The construction of the improvements referred to in SECTION 9 hereof shall be commenced in any event within two (2) months after the closing of the mortgage financing, and, except as otherwise provided in this Agreement, shall be completed within the construction period set forth in the Mortgageee's firm com- mitment for mortgage financing. SECTION 7. Notices and Demands A notice, demand, or other communication under this Agree- ment by either party to the other shall be sufficiently given or delivered if it is dispatched by registered mail or delivered 'L personally, and. (i) in the case of the Developer, is addressed to or delivered personally to the Developer at 19 Corporate Plaza, Newport Beach, California 92660, and, (ii) in the case of the City is addressed to or delivered personally to the City at Office of Ci, y Administrator, 2000 Main Street, Huntington Beach, California 92648, or at such other address with respect to either such party as that R i party may, from time to time designate in writing and forward to l the other as provided in this Section. SECTION 8. Rights of Access to Property ! (a) Right of Entry for Utility Service. The City reserves for itself, and any public utility company, as may be appropriate, the unqualified right to enter upon the Property at all reasonable times for the purpose of reconstructing, maintaining, repairing, I or servicing the public utilities located within the Property boundary lines and provided for in the easements described or referred to in SECTION 4 hereof. (b) Developer Not to Construct Over Utility Easements. Pro- vided that the City and utility companies do not construct in conflict with structures delineated on plans of Developer unless said construction takes place on recorded easements referred to in the preliminary title report, the Developer shall not construct any building or other structure or improvement on, over, or within the boundary lines of any easement for public utilities described or referred to in Paragraph (a) hereof, unless such construction is provided for in such easement or has been approved by the holder of such easement. If approval for such construction is requested by the Developer, the City shall use its best efforts to assure that such approval shall not be withheld unreasonable. (c) Access to Property. After the development- of the Pro- perty by Developer, the Developer shall permit the representatives of the City access to the Property at all reasonable times which it decw necessary for the purpose of the Agreement, including -7- but not limited to, inspection of all work being performed in connection wit, the construction of the improvements. No compen- sation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. SECTION 9. Constructio= of Improvements (a) Plans for. Construction Improvements. Plans and speci- fications for the development of the Property and the contruction of improvements thereon (hereinafter referred to as the "Improve- ments") shall be in conformity with the Old Civic Center Specific Plan, and all applicable federal, state, and local laws and regula- tions. All work with respect to the improvements to be constructed or provided by the Developer on the Property shall be in conformity with the Construction Plans (Final Construction Documents and Specifications) as approved by the City. (b) Construction Drawings and Related Documents. The Developer sh,:11 prepare and submit construction drawings and re- lated documents to the Department of Development Services, city of Huntington Beach (hereinafter referred to as "Development Service") , for architectural review and written approval for the Property or portions thereof as provided in the Schedule of Performance. Such construction drawings and. related documents shall be submitted in three stages--schematic, preliminary rnd final. Final drawings and plans are hereby defined as those in sufficient detail to obtain a building permit. Approval of progressively more detailed drawings and specifications will be promptly granted by Development Services if they are not in conflict with drawings or specifications theretofore approved. Any items so submitted and approved in writing by Development Services shall not be subject to subsequent dis- approval. During the preparation of all drawingsand plans, Development Services and the Developer shall hold regular progress meetings to coordinate the preparation of, ^ubmission to, and review of construction plans and related documents by Development Services. Said parties shall communicate and consult informally as fre- quently as is necessary to insure that the formal submittal of any documents to Development Services can receive pcompt and speedy consideration. If any revisions or corrections shall be required by any governmental official, agency, department or bureau having juris- diction, or any lending institution involved in financing, the Developer and the City shall cooperate in effo::*ts to obtain waiver of such requirements or to develop a mutually acceptable alterna- tive. If no such waiver is obtained and no such alternative is developed, the. City shall be bound by such revisions or corrections if they are not inconsist nt with the Scope of Development. (c) LandscaZinq Plan. The Developer shall prepare and submit to Development Services for approval final landscaping and finish grading plans for than portion of V a Property containing the housing site. Said plans shall be prepared and submitted within the tames set forth in the Schedule of Performance. (d) City Approval of Constr, tton Plans and Drawings. Development Services shall have the right of architectural review of all plans and submissions, including changes therein. i -gam i Development Services shall approve or disapprove the plans, drawings and related documents referred to in paragraphs (b) and (c) of this Section within the times established in the Schedule of Performance. Any disapproval shall state in writing the reasons for disapproval. To Developer, upon receipt of a dis- approval based upon powers reserved to Development Services here- under shall revise such portions as are not a logical evaluation of the specific plans and construction requirements previously approved by Development Services and resubmit to Development Services as soon as possible after receipt of the notice of disapproval. All plans, drawings and related documc ys approved in writing by Development Services shall not be subject to subse- auent disapproval. (e) Architect's Certification. The Developer shall submit to Mortgageee and Development Service the Architect's Certifica- tion on Mortgagee's prescribed form. Such certification shall be made by the architect responsible for the preparation of the working drawings and specifications for the improvements. The Architect's Certification shall state that, to the best of thc: Architect's knowledge and belief and professional judgment, (i) the working drawings and specifications are co.nsi.stent with the approved final proposal, and (ii) the proposed construction in accordance w th these plans and specificat-ores is permissible under applicable zoning, building, housing and rather codes, ordinances, or regulations as modified by any waivirs obtained for the appropriate officials of the City of Huntington Beach. This Certification shall also cover compliance with the appropriate Minimum Property Standards (MPS) and other standards, quidelines and criteria applicable pursuant to Mortgagee's regulations as to certification and standards. One copy of such certified working drawings and specifications shall be submitted with the Architect's Certification to Mortgagee as well as to Develop- ment Services; provided, however, that receipt and retention by Mortgagee of these working drawings and specifications shall net denote )r constitute Mortgagee review or approval of such drawings and specifications. (f) Changes in Construction Puns. If the Developer desires to make any change other than minor field charge items as defined in Old Civic Center Specific Plan in the construction plans after their approval by the City, the Developer shall submit the proposed change to the City for its approval. If the construction plans, as modified by the proposed change conform to the requirements of SECTION 10 (a) hereof and the Scope of Development, the City shall approve the proposed change and notify the Developer in writing within fifteen (15) days after receipt thereof by the City. Such change in contruction plans in any event, shall be deemed approved by the City unless rejected by the City, in whole or in part, by written notice to the Developer within said fifteen (15) day period setting forth in detail the reasons therefor. (g) Commencement and Completion of Construction of Improve- ments. The Developer agrees for itself, its successors and assigns, and every successor ii interest to the Site, or any part thereof, that the Developer, and such successors and assigns, shall promptly begin and diligently prosecute to completion the development I -11- i :3 AL of the Site through the construction of the improvements thereon, and that such construction shall iit any event be begun within the period specified in SECTION 6 hereof and be completed within the period specified in such SECTION 6. It is intended and agreed, and the Lease shall so expressly provide, that such agreement and covvcnants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designatio-n, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the :fullest extent permitted by law and equity, bi-I.ding for the ` enefit of the community and the City and enforceable by the City against the Developer and its successors and assigns to or of the Property or any part thereof or any interest therein. (h) Progress Reports. Subsequent to execution of a lease for Property, or any part thereof, to the Developer, and until construction of the Improvements has been completed, the Developer shall make reports in such detail and at such times as m<iy reason- ably be request,:-d by the City as tG the a,tual progre.ts of the Developer wits z'esrect to suci cons't uction. SECTION 10. Time for Certain Otrier Actions (a) Time for Submission of Construction Plans. The time within which the Developer shall submit its "Construction Plans" as defined in SECTION 1 hereof) to the City in any event ,hall be not later than the dates set forth in the Scb,:..,dole of Performance. (b) Time for Submission of Corrected Construction Puns., Ex- re t as provided in Paragraph (c) of this SECTION 10, the time within -12- which the Developer shall submit any new o .- corrected Construction Plans as provided for in SECTION 9 hereof shall be not later than forty-five (45) days after the date the Developer receives written notice from the City of the City's rejection of the Construction Plans referred to in the latest such notice, (c) Maximum Time for Approved Construction Plans. In any event, the time within which the Developer shall submit Construc- tion Plans which cont .rm to the requirements of SECTION 9 hereof and are approved by the City .--hall be not later than dates set forth in the Schedule of Performance for the approval of such plans by the City. (d) Time for City Action on Change. in Construction Plans. The time within which the City may reject any change in the Con- struction ?lans, as provided in SECTION 9 hereof, shall be fifteen (15) days after the date of the City's receipt of notice of such change. (e) Time for Submission of ;;vidence of Equity Capital, iMortgage Financinq and Construction Documents. At: the times set forth in the Schedule of Performance thereLlor, the Developer shall submit wo th.e City for its approval of the following: (i) A copy of the commitment or commitments ob- tained by L.he Developer for a mortgage loan or loans to assist in financing the construction of the Improvements (as defined in SECTION 9 hereof) , certified by the Developer to be a true and correct cop-- or copies thereof; -13- (ii) A copy, certified by the Developer to be a true and correct copy, of contractor's bonds covering labor, materials and performance for an amount equal to one hundred percent (100%) of the construc- tion price in the contract entered into by Developer and its general contractor. Said bonds and the construction contract must conform to Mortgagee's requirements and be approved by the Community Development Director prior to commencement of con- struction. The City shall not unreasonably withhold such approval. Developer shall, prior to commence- ment of construction, deliver to the City a certifi- cate from the bonding company insuring aforesaid. bcnds, naming the City as an additional insured. Such bond may be substituted at any time during this agreement by a guarantee by the State of Cali- fornia or any of its authcrized agencies with the same force and effect. (f) Time for Furnishing Certific-ite of Completion (1) Promptly after completion of the xmpro2-ements in accordance with those previsions of the Agreement relating solely to the obligations of the Developer to construct the Imprcvements (Tncluding the dates for beginning and compl( Lion thereof) , the City will furnish the Developer with an appropriate instrummnnt so certifying. Such certification by the City shall be (and it stall be so provided the Lease and in the ce-%cif ication itself) a conclusive determination of satisfaction and; termixiation of the covenants in the Agreement arsd in the Lease with respect to the -14- obligations of the Developer, and its successors and assigns, to construct the Improvements and the dates for the beginning and completion thereof. (2) Each certification provided for in thi-s SECTION 10 shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property, including the Lease. If the City shall refuse or fail to p:,ovide any certification in accordance with the provisions of this Section, the City shah, within thirty (30) days after written request by the Developer, prc-ride the Developer with a written statement, indicating in adequate detail in what respects the Develo?er has failed to complete the improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts, it will be necessary, in the opinion of the City, for the Developer to take or perform in order to obtain such certification. SECTION 11. Preparation of Property for Development (a) Work to be Performed by the City. The City prior to construction of Tmprovements on the Property and without expanse to the Developer shall prepare the property for the devolopment by the Developer in acccrdance with this Agreement. Such preparation shall consist of the following, unless the Cite and the Developer hereafter agree in writing that any of the preparation shall not be gone, of that it shall be done subsequent to the conveyance of the Property (1) Survey. The City at its own cost and ;,xpense shall initiate an A.LTA survey can the entire site. The survey -15- shall establish boundary lines ,for the housing s-.te and such boundary lines shall be utilized for determining the area of responsibility of the Developer with respect to landscaping and maintenance duties. (2) Soils Report. The City at its own cost and expense shall furnish the Developer with a copy of the soils report prepared by Associated Soils Engineers, Inc. , of Long Beach, California, dated 11/22/78. (3) Gene:;.al Plan Amendment. A General Plan Amendment shall be initiated encompassing the concept of Developer's pro- posal and processed by City for recommendation by the Plannina Commission to the City Council for adoption at no cost or expense to the Developer. (4) Specific Plan. Shall be initiated by City staff at no cost to Developer. The Developer shall cooperate and supply whatever infcrmation may be required by City staff with respect tc the housing dev ?lopment. (Attached as Exhibit "13"_ ) (5) Environmental Impact Report. The C .ty shall authorize Pacific Environmental Services of Santa Monica as out- side consultants to ccnduct an EIR study for the proposed develop- ment on the Property. The Developer shall pay a pro rata share of the cost of the EIR study for the housing site. (6) Coastal Conuitisson. The City shall initiate at ! no cost to Developer an application to the --oastal Commission for ! its approval or the proposed development. The Developer agrees to cooperate and provide neressaxy documentation required by City staff and to be available for all conferences, presentation and hearings as is required, -16- (7) Demolition and Removal. All existing buildings, surface and below grade structures and ot'.ier improvements on the Property, such as but not limited to, foundations, cesspits, wells, basements, debris, paving, all vegetation and, deleterious material shall be demolished and removed in their entirety. The cavities left by such removal shall be back-filled and compacted according to the recommendations of a licensed soils engineer, who shall inspect and certify as to the satisfactory completion of the work, which shall also comply with the latest requirements of HUD's data sheet 79 G as it may be amended. (8) Removal and Relocation of Public Utility Lines. The removal, relocation or abandonment by the City or hz the ap- propriate public body or public util '.ty company of all public utility lines, installations, facilities, and related equipment within or on the Property, as necessary for the construction of the Project. I (9) Filling and Grading. The City shall only be responsible for soil con.?itions and the placement of fill on the Property as hereinabove set forth. (b) Expenses, Income and Salvage. All expenses, including i current ta:,:es, if any, relating -to raildings or other structures demolished or to be demolished in accordance with SECTION 11 hereof shah be borne by, and all income or salvage received as a result of the demoli-tion of such buildings or structures shah oelong to the City. (c) City's Responsibilities for Certain other Actions. The City, without expense to the Developer or assessment or claim -17- against the Property and prior to completion of the Improvements or at such earlier time or times as the Developer and the City may agree in writing, shall, in accordance with the Development Plan, provide or secure or cause to be provided or secured, the following: (1) Vacation of Streets, Etc. The closing and vacation of all existing streets, alleys, and other public rights- of-way within or abutting on the Property. (2) Replatting, Resubdivision, Rezoning or Zoning Variances. The replatting, resubdivision, rezoning or obtaining of zoning variances, if necessary for the conveyance of the Pro- perty. (3) Installation of Public Utilities. The installation or relocation (by the City or by the appropriate public body or public utility company) of such sewers, drains, water and gas distribution lines, electric, telephone, and telegraph lines, and all other public utility lines, installations, and facilities as are necessary to be installed or relocated on or in connection with the property at a point to be designated by Developer by reason of the Development Plan and the development of the Property: r Provided, that the City shall not be responsible for, nor bear any portion of the cost of, installing the necessary utility con- nections within the boixndaries of the Property between the Improve- ments to be constructed on the Property by the Developer and the water, sanitary sewer, and storm drain mains or other public utility lines owned by the City or by any, public utility company _Id- within or without such boundaries, or electric, gas, telephone or other public .tility lines owned by any public utility company within or without such boundarieq, and the Developer shall secure any permits required for any such installation I without cost or expense to the City. ! (4) Library and Senior Center. The City shall nego- tiate and enter into a separate Agreement with the Architectural E firm of Kamnitzer Cotton Vreeland fc .!rvices in developing architectural schematics, and full w-,. drawings and specifica- tions on both the Senior Center and Library. (5) Competitive Bids. City shall advertise for bids in the normal process for the work to be done on w-he construc- tion of the Senior Center and improvements to the Library. SECTION 12. Responsibilities of Developer Prior to Construc- tion of Improvements (1.) Conditional Use Permit. Developer shall initiate at its own co. and expense an application for a Conditional Use Permit (CUP) immediately after the City Counpil adopts the EIR and Specific Plan. (2) Specific Plan. The Developer agrees to abide by the requizements of the Specific Plan with respect to such things as p.' (a) Installaticn, of sidewalks and street t-rees (b) Street signs (c) If fire 11epart.mezt of City of I:untington Beach sh: li require additional hydrants -19- located on the housing site then the City and Developer shall negotiate on the respective cost of install.--4ion of such additional fire hydrants. (3) Development Fees. The Developer agrees to pay the normal processing fees as may be adopted for the development of the Property as were specified in the City's Request for Pro- posals for such things as: (a) Plat Check and Building Permits (b) Water and Sewer Connection Fees (c) Park and Recreation Fees (d) Environmental impact Report ;e) Conditional. Use Permit (f) County Sanitation District Fees (g) Cultural Enrichment Fee (h) Street improvement Fee (4) Schedule of Performance. The Developer shall pre- pare a Schedule of Performance outlining the general processing time-table for the processing of the application for mortgage financing as well as the construction period and for the administra- tive processing and approvals required. Such Schedule of Perfox ;1- ancc shall be attached to this Agreement as Exhibit "C. " (S) Mortgage Financing. Developer stall immediately submit an application to the Mortgagee for site and Developer approval. SECTION 13. Changes or Repair cf Work. After Public mprove- ments are Constructed or Completed Once :Iublic improvements are constructed or romp;oted aRy r, changes required by the Developer shall be at the expense of the r < „gip Developer. The City shall not be responsible for the removal, restoration or repair of any pending, finished or completed work which work must be or is removed or otherwise damaged by the Developer in developing the Property. The Developer shall bear all expense for restoring or re- pairing any such work. These repairs, improvements and restoration shall be constructed in accordance with the technical specifica- tions and practices of the City. The City shall coordinate a7.1 uncompleted work required under this Section with Developer's schedule and activities so that all work may be completed in a manner consistent with Developer's construction efforts. Any other work to be performed by the City with reference to the Pro- perty shall be as specified in the Development Plan and within the times specified in the Schedule of Performance. SECTION 14. Restrictions on Use of Property (a) Restriction on Use. The Developer agrees for itself, and its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Lease shall contain covenants on the part of the Developer for itself, and such suc- cessors and assigns, that the Developer, and such successors and assigns, shall: (i) Devote the Property to, and only to and in accordance t4i+:h, the uses specified in this Agreement; and r (ii) Not discriminate upon the basis of race, color, marital status, .religion, sex or national origin I ..21 in the sale, lease, or rental or in the use or occupancy of the Property or any improve- ments erected or 'to be erected thereon, of any part thereof. (iii) Include the legend, "An Open Occupancy Building" in type or lettering of easily legible s: .e and j design in all advertising (including signs) for I the sale and/or rental. of thf, whole or any part of the Property. The word "Project" or "Development" may be substituted for the word "Building where circumstances require substitu- tion. (iv) Comply with the regulations issued by the Mortgagee and all applicable rules and regula- tions issued pertaining to affirmative marketing, affirmative action, leasing and employment standards. (v) Not use the Property for any purpose other than for low and moderate income housing of senior citizens and handicapped persons for a period of fifty-five (55) years from the date of the Lease, or until maturity date of the mortgage pertaining thereto, whichever is longer, or the period in which Section S or a substantially equivalent succes4or program is in effect. The morteiak{e on the Property may not be prepaid without, the prior written ­Dval of. the City and Mortgagee. For any unit ieated %ith subsidy assistance, senior citizens are defined as single individuals over the age of 62 years, or married couples, in which case at least one spouse is over the age of 62 years or as STUD may subsequently redefine it. For any unit rented at market rates, senior citizens are defined as single individuals over the age of 58 years, or married couples, in which case at least one spouse is over the age of 58 years, and whose income does not exceed 30-12.0% of the median income for the City of Huntington Beach. If Developer prepays the mortgage or transfers the Property before the final mortgage debt has been paid, all other documents relative to the prepayment, or transfer shall contain appropriate covenants requiring such parcel to be used for low and moderate income housing for the remaining years of the period provided for in the preceding paragraph. (b) Covenants; Binding upon Successors in Interest; Period of Duration. It is intended and agreed, and the Lease shall so ex::ressly provide, that the agreements and covenants provided in this SECTION 1.4 shall be covenants running with the land and that- they shall, in any event, and without _egard to technical classifi- cation or designation, legal or otherwise, and except only as other- wise specifically provided in the A,; eema:at, be binding, to the fullest extent permi,-.ted by late and Equity, fov the benefit and 23- in favor of, and enforceable by, the City and any successor in interest to the Property, or any part thereof,: against the Developer, its successors and assigns and every successor in interest to the Property, or any part thereof or any interest therein, and any ,arty in possession or occupancy of the Property or any part thereof. SECTION 15. Prohibitions A;ainst Assignment and Tran:>fer ,a) Representations as to Development. The Developer re- presents and agrees that its leasing of the Property, and its o__ar undertakings pursuant to t,.e Agreement, are, and will be used, for the purpose of development of the Property and not for speculation in land holding. The Developer further recognizes that in view of: (1) the importance of -the development of the Pro- perty to the general welfare of the community; (2) the substantiai fLiancing and other public aids that have been made available by law for the purpose of making such development possible; and ( 3) the fact that a transfer of the ownership it— of the Developer of this Project or of a substantial part thereof, or any other action or transaction involving or re- sulting in a significant change in the ownership or the parities in control of the Developer or the degree thereof, is for practi- cal purposes a transfer or disposition of the property then owned by the Developer , The qualifications and identity of the -24- Developer are of particular concern to the community and the City. The Developer further recognizes that it is because of such qualifications and identity that the City is entering into the Agreement with the Developer, and, in so doing, is further willing to accept and rely on the obligations of the Develouer for the faithful performance of all undertakings and covenants hereby by it to be performed without requiring in addition a surety bon4 or similar undertaking for such per- formance of all undertakings and covenants in the Agreement. (b) Prohibition Against Transfer of Property and Assignment of kgreement. Also, for the foregoing reasons, the Developer represents and agrees for itself, and its successors and assigns, the Developer will not transfer the Lease to the Property nor assign any of its obligations undertaken by this Agreement except that: (1) For security purposes to obtain financing necessary to enable the Developer, or any successor in interest to the Property, or any part thereof, to perform its obligations under the Agreement, and (2) r-3:ior to the initial endorsement of the mortgage by Mortgagee, Developer may assign all or a portion of its rights and obligations under this Agreement to a joint venture, limited or general partnership for the purpose of acquiring and developing the Property provides? that Mortgagee approves the transfer in writing and the said joint venture, limited or -25- general partnership or other entity agrees in writing to be bound by all of the provisions of this Agreement_ (%) The City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to required prior written approval of any transfer that: (i) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate zo fulfill the obligation under- taken in the Agreement by the Developer (or, in the event the transfer is of or relates to part of the Property, such obliga- tions to the extent that they relate to such part) . Such determination bF the City shall not be unreasonably withheld. (ii) Any proposed transferee, by instrument in writing satisfactory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Developer under the Agreement and agreed to be subject to all the conditions and re- strictions to which the Developer is subject i (:)r, in event the transfer is of or relates to part of the Property, such obligations, conditions, and restrictions to the extent that they relate to such pant) : Provided, that the tact that any transferr of, or any yf. other successor in interest whatsoever to, , the Property, or any part thereof, shall, whatever the reason, not have assumed such obligations or so agreed, shall not {unless and only to the extent otherwise specifically provided in the Agreement or agreed to in writing by the City) relieve or except such transferee or successor of or from such ubl .gations, conditions or restrictions, or deprive or limit t.hF City or with respect to any rights or remedies or controls with respect to the Property or the constrj-,tion of the Imi?rovements; it being the intant of this, together with other provisior,.s of the Agreement, that (to the Tallest extent per- mitted by law and equity and excepting only II in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, lease- hold in the Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from the Agreement with respect I to the Property and the construction of the I -27- a` Improvements that the City would have had, had there been no such transfer or change. (iii) There shall be submitted to the City for review all instruments and other legal docu- ments affecting the identity or name style of Developer or its successors; and if ap- proved by the City, its approval shall be indicated to the Developer in writing. (iv) The Developer and its transferee shall comply with such other reasonable conditions as the City may find desirable in order to achieve and safeguard the purposes of the Development Plan. Provided, that in the absence of specific --ritten agreement by the City to the contrary, no such transfer or ap- proval by the City thereof shall by deemed to relieve the Developer, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the improvements, from any of its obligation; with respect thereto. SECTION 16 Remedies (a) In General. Except as to any failure of the conditions precedent set forth in SECTION 5 hereof, and as otherwise provided in the Agreement, in the event of any default in or breach of the Agreement, or any of its terms or conditions by either party hereto, or any successor to such party, such party (or successor) shall, -28- upon written notice from the other, proceed immediately to cure or remedy such default or breach, and, in any event, within sixty (60) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or breach shall not be cared or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including, but not limited to, proceedings to compelF by the party in default or breach of its obligations. ;; (b) Termination by City Prior to Conveyance. Subject to SECTION 16 (f) , in the event that prior to execution of Lease to F, the Property to the Developer and in violation of this Agreement r iU. Developer fails to meet its obligations hereunder, including, without limitation, any failure by Developer to make a good faith effort to fulfill the conditions precedent, and at the option of the City, this Agreement shall be terminated and any rights of the Developer, or any assignee or transferree, in the Agreement, or arising therefrom with respect to the City or the Property, shall, at the option of the City, be terminated by the City, and neither the Developer (or assignee or transferee) nor the City shall have any further rights against or liability to the other under the Agreement. In the event the City terminates this Agreement prior to con- veyance, as provided herein, any services rendered or funds ex pended by the Developer shall be absorbed by the Developer without -2 9- recoupment whatsoever, and neither the Developer nor the City shall have any further rights against or liability to the other. (c) Te-:f ation by Developer Prior to Execution of Lease. Subject to S; ION 16 (f) , in the event that the City does not tender possession of the Property in the manner and condition, and by the date provided in the Agreement, and any such failure shall not be cured within thirty (30) days after the date of written demand by the: Developer, they, the Agreement shall, at the option of the Developer, be terminated by written notice thereof to the City, and neither the City nor the Developer shall have any further rights against or liability to the other except as provided under the Agreement. In the event the Developer termin- ates this Agreement under those conditions set out in the previous sentence, the Developer shall be entitled to a refund of any funds advanced to obtain a Mortgagee commitment for financing, if not otherwise refundable, plus �Q% of all certifiable out-of-pocket costs directly attributable to this project represented by Mortgagee filing fees, the out-of-pocket cost of preparing final architectural and egineering plans and specifications, plan check fees, and building permit fees. (d) Rights and Liabilities Termination Prior to Possession. The City and Developer agre that it would be impractical or ex- tremely difficult to fix actual damages in case of termination prior to conveyance and therefore agree that their rights and liabilities to the other under this Agreement are limited to those provided, in paragraphs (b) and (c) of the SECTION 16. -30- (e) Other Rights and RemediE . of Parties; No Waiver by Delay. The parties shall have the right to institute such actions or pro- mceedings as it may deem desirable for effectuating the purposes I of the SECTION 16 including also the right to execute and record or file among the public land records in the office in which the Lease is recorded a written declaration of the termination of all the right, title, and interest of the Developer, and (subject to such mortgage liens and leasehold interests as provided in f i I this SECTION 16 hereof) its su�,cessors in interest and assigns, in i the Property, and the reverting of title thereto in the City: Provided, that any delay by the parties in instituting or prose- cuting any such action or proceedings or otherwise asserting its rights under this Agreement shall not operate as a waiver of such rights or to deprive them of or limit Such rights in any way (it being the intent of this provision that the party should not be constrained so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches, or otherwise to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved) ; nor shall any waiver in fact made by one party with respect to any specific default by the other party under this Section be considered or treated as a waiver of rights of one party with respect to other defaults by the other party under this Section or with respect to the particular default except to the extent specifically waived in writing. (f) Enforced Delay in Performance fo:- Causes Beyond Control of Party. For the purposes of any of the provisions of the Agreement -31- neither the Citv nor the Developer as the tease may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to the preparation of the Property for development, or the beginning and completion of construction of the Improvements, or progress in respect thereto, in the event of enforced delay in the performance of such obliga- tions due to unforseeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, acts of the public enemy, acts of the Federal or State government, including processing of financing commitments, acts of the other party, fires, floods, epidemics, quarantine restric- tions , strikes, freight, embargoes and unusually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for per- formance of the City with respect to the preparation of the Pro- perty for development or of the Developer with respect to con- struction of the Improvements, as the case may be, shall be ex- tended for the period of the enforced delay as determined by the City: Provided, that the party seeking the benefit of °-he provisions of this Section shall, within thirty (30) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof, and requested an extension for the period of the enforced delay. (g) Rights and Remedies Comulative. The rights and remedies of the parties to the Agreement, whether provided by law or by the Agreement, shall be cumulative, and the exercise by either party -a2- Gf any one or more of such remedies shall not preclude the exercise by it, at the same or different timea, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by the ether party. No waiver made by either such party with; re:3pect to the performance, or manner: or time thereof, or any obligation of the other party or any condition to ir.s own obligation under the 'agreement shall be considered a wai•.-er of any rights of th^ party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obliga- tions of the other party. SECTION 17. Special Provisions (a) Tax Exemption. The Property shall not be removed from the property tax rolls and shall not be exempted from property tax payments, except under programs now or hF_-:after enacted by the State of California for the general relief of homeowners. Developer for itself and for its successors and assigns agrees to pay taxes attributable to the leasehold improvements and not to file an ' pplication for exemption from property tax assessment and payment, except for those exemptions which may now exist or hereafter be er;acted by the State of California for the general relief of homeowners. This in no way limits Developer's right to question or seek .reduction of any assessed valuation of the Pro- perty. (b) Bodily Injury and Property Damage Insurance. Before commencement of any work of improvement upon the Property, the Developer shall ftrnish or cause to be furnished to the City duplicate originals or appropriate certificates of bo:lily injury and property damage insurance policies in the amount of at least $500,000 for any person, $1,000,000 for any occurrence and $100,000 property damage, the City to be named as co-insured. (c) Maintenance of Land Prior to Construction. The Developer- shall maintain the clearers land he leases within the Project Area in a neat and orderly condition between the date of possession and the commencement of construction. (d) Execution of Documents. The City and the Developer agree to execute any and all documents that may be necessarily required by California Housing Finance Agency in .onnection with -.his Project. (e) Environmental Impact Documents. As a condition precedent to Developer's obligation to lease the Property hereunder, the City shall have caused to be prepared and: approved such environ- mental findings and documentation for. the Development Plan for the Project with respect to improvements contemplated in the Scope of Development, as may be required by the California En- vironmental Quality Act of 1970, as amended (CEQA) , the Coastal Commission and all applicable state regulations and local ordinances with respect thereto, so that the Developer and the City shall be legally entitled under the California Environmental. Quality Act j, of 1970 and all state regulations and local ordinances to construct -34- and use the improvements contemplated in the Scope of Development (and all time periods for any judicial or administrative appeal from or collateral attack upon such findings, o.: the approval thereof, or the applicability thereof to the Project shall have expired and no such appeal or attack shall be pending) . The Developer shall pay a proportionate share of the said fee as relates to the Property and shall provide all reasonable assist- ance to the City and the A.gency in satisfying the foregoing con- ditions. The Developer shall comply with all mitigation measures pio- posed to minimize adverse impacts resulting from project imple- mentation which are included in -any such environmental documenta- tion. (f) City and Oth,�--r Governmental Agency Permits and Fees. Before commencement of const �acti.on or development of any buildings, structures or other work or improvement upon the Property or any portion thereof, the Developer shall at its own expense secure or cause to be secured any and all permits and pay any and all fees and charges which may be required by the City or any other govern- mental agency affected by such construction, development or worS . The City shall provide all proper assistance to the Developer in securing such permits. (g) Successors in Interest. The terms of this Agreement shall bind the parties, namely the City, and Developer, and their successors in interest, if any. (h) Provisions Not verged with Lease. Nona of the pro- visions of the Agreement are intendeo to or shall be merged by -35- reason of any lease transferring possession of the Property from the City to the Developer or any successor in interest, and any such lease shall not be deemed to affect or impair the provisions and covenants of the Agreement. (i) Titles of Sections. Any titles of the several Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. (j) Hold Harmless. Developer agrees to indemnify, hold harm- less and defend City in all actions arising from all Developer's activities pursuant to this contract. Developer further agrees to provide workers' compensation insurance and supply proof of such insurance on the City's insurance form. SECTION ?S. Counterparts. This Agreement is executed in five (5) counterparts, each of which is deemed to be an original. SECTION 19. Entire Agreement, Waivers and Ame,idments. The Agreements integrates all of the terms and conditions men- tioned herein or incidental hereto, and supersedes all .,egotiations I or previous agreements between the parties with respect to all or i any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the City or the Developer and all amendments hereto must be in writing by the appropriate authorities of the City and the Developer. ;SECTION 20 Time for Acceptance of Agreement by City. This Agreement, when executed by the :Developer and delivered to the City must be authorized, executed and delivered by the -36- City within thirty (30) days after the date of signature by the Developer or this Agreement shall be void, except to the extent that the Developer shall consent in writing to a further extension of time for the authorization, execution and delivery of this Agreement. The date of this Agreement shall be the date when the Agreement shall have been signed by the City. The City and the Developer covenant that each individual executing this document by and on behalf of each party hereto is a person duly authorized to execute contracts for that party. I SECTION 21. Conflict of interest; Agency's Representative i Not Individually Liable. No member, official, or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall_ any such member, official, or employee participate in any decision relating to this Agreement that affects his personal interest or the interest of any corporation, partnership, or association in which he is, directly or indirectly, iaterested< No member, official, ^r employee of the City shall be personally liable to Developer or any successor in interest in the event of any default or breach by the City, or for any amount that may become due to Developer or successor, or on any obligation under the terms of this Agreement. IN WITNESS WHEREOF, the City and the Developer have signed this .Agreement as of the dates set opposite their signatures. CITY OF 'TINGGTON BEACH Date: 8-7-79 By: ATTEST: Mayor �J ♦ 4 I � J ��Ma ar -37- APPROVED AS TO FORM: By: City Attorney WILLIAM LYON COMPANY DATE: By: `�J t�---1 -7-2 7 3cl ATTEST: Secretary INITIATED AND APPROVED: APPROVED AS TO CONTENT: irector, evelopmeit Services C/y Administrator -38- CITY OF A HUNTINGTON BEA(lflA ORANGE COUNTY, CALIFORNIA Lt {'+ yt M oLoTowNw...0 Rl AI RI R ... -0 ,r5r4pFOC vt 'q .p RRII PRIA1[ RI -,...._.... _p p 1 n * 4 rep w r:YEll I PC c CF /y� Rt RIt .. old1 r�J RI RI R1 t -^� �� ! :,rrfCR S,:wyht To ;` �+C -� of RI RI rryri4 s"4 _� !.p 142j FPLA .N( R CT TWO), R Re l.�A�.�� L_1 .. :,,..! v� I R3 �.we4 Rl+ A� , R l r. f,... r Ea-�r R2 R2 R s � ._., _..Y L.... L �LJi L 11 ._ _...... S "-(IC.i j... I..�` 1 144 S d i1` ' R) R9^}([1 3 ..C4 (iyE R E pr L.J t.... L NJ i,..JL..3 CJ1....1 _...,. l 3 ! .v . / RS R2 N2 R�,. .t' CA� .. w `�./ ;\ -�� .j!/�m✓ w?to R} .RS `— ,. 1 ,�I.._. ,lt '�'n i } . •r wr n {ll. �. L.., a, MH 1E�~ � 1 R2+0 j R2 U Z _. is REQUEST FOR CITY COUNCIL ACTION , Submitted by 3ames W. Palin Department Development Services Date Prepared March 28 , 19 79 Backup Material Attached Yes XM No Subject Selection of Proposal; Senior Housing and. Recreation Facility on old Civic Center Site City Administrator's Comments Approve as recommended Statement of issue, Recommendation;Analysis, Funding Source,Alternative Actions: STATEMENT OF ISSUE: The Planning and R.. :elopment Commissions met in joint session on February 27 and March 13, 1979, to review proposals submitted for the Senior Housing and Recreation Facility on the old Civic Center site. At the latter meeting, the Commissions recommended the Wm. Lyon Co. and Ring Bros. Corp. proposals for the City Counca's consideration. It is now time to select the proposal to be implemented can the old Civic Center site. RECOMMENDATION: I' Select the proposal and development team most appropriate for the old Civic Center site and authorize staff to negotiate with the selected proponent on finalizing the physical aspects of the proposal and authorize the City Attorney to commence lease agreement negoti- ations with the proponent, and grant a period of 60 calendar days to complete these tasks. In addition, authorize staff to initiate the requirement amendment to the Zoning ordinance to permit the E implementation of this project. ANALYSIS The original request for proposal, staff analysis, and Manning and Redevelopment Commissions' recommendations were previously trans- mitted to the Council. The Commissions' recommendations were: first Choice:. The Wm. Lyon Co. Second Choice: Ring Bros. Corp. The Commissions also regaested that the Council be made aware that the Commissions expressed a strong preference for the Wm. Lyon Co. proposal. This preference is based both upon the physical character- P10 3/713 �e r Request for City Coun Action Old Civic Center Site coposal Page 2 istics and financing .mechanisms included in this proposal. The propoments of both the Wm. Lyon Co. and Ring Bros. proposals will be present on April 2, 1979, to make a brief presentation to the Council and to respond to questions from the Council. The suggested order of action for April 2, 1979, is as follows: 1. Staff Review of Project to Date. 2. Proponent Presentations: a. Wm. Lyon Co. b. Ring Bros. Corp. (Each proponent should be permitted to make a presentation while the other px ,.)onent waits outside the meeting room. ) 3. Council Disc 3sion. 4. Council Action to 7elect Proposal. The graphic displays prepared by each proponent are on display in the Planning Department for the inspection of Council members. Staff will, of course , be available prior to the April 2, 1979, meeting to answer the specific questions of Council members. ALTERNATIVES: Without Council selection of a proposal and authorization of Staff as stated in the above recommendation, the project can not move forward. FUNDING SOURCE: U. S. Dept. of Housing and Urban Development, housing and Community Development Program: $ 550,000 City Funds: 100,000 (for library improvements not yet committed by Council) $ 650,000 R spectfully submitted, G-ry acmes W. Pa.lin Acting T Planning Director JWP:SVK:a 71 CITY OF HunTmGTon B E A C H DEPARTMENT OF PLANNING AND ENVIRONMENTAL RESOURCES _ P. 0. BOX 190,HUNTINGTON BEACH, CALIFORNIA 92648 (714) 5365271 TO: Floyd G. Belsito, City Administrator FROM: James W. Palin, Acting Planning Director DATE: March 8, 1979 SUBJECT: SPECIAL CITY COUNCIL MEETING - SENIOR HOUSING AND RECREATION FACILITIES ON OLD CIVIC CENTER SITE MARCH 26, 1979 As you know, the Planning and Redevelopment Commissions met in joint session on February 27, 1979, to consider proposals for the subject facilities. The Commissions will meet again in joint session on Tuesday, March 13, 1979, to intervie-d the four recommended proponents and, will finalize the recommendations to the City Council on that date. To permit the Council ample time to consider the Commissions' recommenda- tions, it is suggested that a special City Council meeting be scheduled with this project as {-he only agenda item. If is further suggested that this meeting be scheduled for Monday, March 26, 1979. This early considera- tion by the Council will expedite implementation of the project and help assure that anticipated costs for the project are not undul,, increased by inflation. It is anticipated that this meeting would be a working session and that Council action would be deferred to a regular Council meeting in April 1979 We appreciate your assistance in bringing this matter to the attention of the Council; should you have any questions, do not hesitate to contact US. P:StIK:df ,\ A v CITY OF HunTmGTOn DEPARTMENT OF PLANNING AND ENVIRONMENTAL RESOURCES ."• s P.O. BOX 190,HUNTINGTON BEACH,CALIFORNIA 92648 (714) 536.5271 TO: Floyd C. Belsito, City Administrator FROM: Stephen V. Kohler for Community Development Specialist DATE: March 19, 1979 F. 0 SUBJECT: SENIOR CITIZEN HOUSING AND RECREATION FACILITY ON OLD CIVIC CENTER SITE On March 13, 1979, the Planning and Redevelopment Commission's in joint session recommended the following proposals on the subject matter for the Council's consideration: First choice: The William Lyon Company Second choice: Ring Brothers Corporation by separate transmittal the Council has been asked to establish a date (March 26, 1979) for the consideration of these two proposals. To assist the Council in the consideration of these proposals, attached are the following documents, 1) The original request for, proposal packet, along with all supplemental information transmitted to proponents (salmon attachment) . f 2) Summary of all thirteen proposals Yceceived by the deadline I ox December 22, 1978 (white attachment) . 3) Memo from Urban Projects, nc. ; March 7, 1979 regarding financing mechanism (blue attachment) . i 4) Planning Commission Staff report of March 13, 1979, with expanded summary of four proposals and Staff narrative (buff attachment) . in addition, the graphic displays prepared by the two recommender: proponents will be on display in the Planning Department until just prior to the Council's special meeting. The: project team of both the William Lyon Company, and Ring Brothers Corporation have been advised to attend the special Council meeting to make a brief presentation and to respond to the questions of the Council members. Council members may also contact Messers. Stephen V. Rohler or Pat 'Tessier at 536-5541 with any questions prior to the special meeting of the Council. CITY OF HUNTINGTON-BEACH REQUEST FOR PROPOSALS SENIOR CITIZEN HOUSING This is a request for proposals for concept al architectural drawings and financial feasibility statements for the construction and operation of a senior citizens housing' developmert, Eull--service senior citizens center, an exterior imp;:ovement and re-landscaping of the existing or pro- vision of new branch .Library, and limited service commercial on the old Civic Center Site: in 6owntown HuntinLIton Beach. The details of each of these elements of the proposal are described below, along with a budget for site improvements. The goal of this p. oposal is to combine the City's Housing and Community ,Development, General. Fund, and Section 8 ITousing Assistance resources with those of ,)rivate enterprise to provide a comprehensive housing, recreation, social and cultural center for senior citizens. To accomplish this goal the City of Fluntington Beach will: 1. Demolish existing buildings on site $60000 (except 1 Crary) 2. 1ully improve the site 4or construction $40 000 3. Provide funds for: a. Construction of senior citizens center $305,000 b. Construction of new library or improvements to existing facility $100,000 $405,000 4. Leas,, site to selected developer: a. Lease terms $1.00 per year b. Estimated value of site: $906,000 in ;return, the selected developer will be obligated to do the following: 1. Design, finance, and construct approximately -00-300 one and two Bedroom senior citizen apartments on the site. 2. Maintain and :manage' these traits. 3. Refierve a percentage of these units (20-50 percent depending on the total number of units built) for certificate holders in the Section 8 k oased tIousina Assistance Program. 4. Design and construct with HCD funds, a Senior Center to be turned over to the City upon completion. 16 r S. Design and co ,struct with City fiznd_s improvem<,:nts to the existing J.ibrary which shall continue to be managed and maintained by the City, or: The developer's option, a new, comparable library facility may be provided but in no case will the City's contribution exceed . $100,000, and the developer will be responsible for the cost of demolition of tho existing library. This option is offered to provide the developer with the opportunity to more fully integrate library facilities in the development and offer greater flexibility on site design. 6. (Option) Design, finance, construct, and manage small scale service commercial area on the site. 2 THE STT LOCATION: Between Sixth and Main Streets and Acacia and Orange Streets, in downtown Huntington Beach (see map attached) . USE: The site, formerly used as the City's Civic Center, con- tains five municipal buildings and a number of temporary structures. The site i.ncludes_ a portion of the Pecan Street right-of-Wf, which is presently used for on- site parking. SI,ZE: Approximately 3.64 gross acres ZONING: CP-C (Community Facilities - Civic Center Uses) This zoning will revert to R3 & C3 upon discontinuance o1 civic center usc. ` GE-,4ERAL PLAN Planning Reserve (excluding Pecan St. right-of-way) , UTILITIES: All major utilities are available to the s te. SERVICES: The Senior Citizens Recreation Center provides recreational and Social services for approximately 4000 seniors a month, and is currently located 2/3 miles from the project site, and will be relocated to the old civic center as part of this proposal. I . The beach and municipal Diem are ,located approximately four blocks from the site. Thus service by Orango County Transit District is available at the site. The City Gym with pool and exercise equipment is nine blocks from the site. Major medical facilities are 2 miles from the site. Some shopping facilities and major banking institutions , are available in the downtown area, however, major shopping would require travel of approximately one mile. TH$ PROJECT No huildinq configuration is specified, however, 1.he following design considerations must be followed: A, Senior Citizen Housing Project: The proposal calls for the construction of approximately 200-300 apartments for senior citizens in one or more buildings. Most of these units should be one bedroom but some two-bedroom units shall be provided for disabled and handicapped with l :~:-in attendants. The facility shall also include a full range of communal facilities. (except eating) and shall be designed to provide for handicapped accessibility to all facilities. The project' should be oriented to maximize natural light and ventilation in each unit and to maximize view potential. Movement to, from and within the project should be convenient. Each unit should have a private outdoor space. Indoor and outdoor common areas should be provided. Provision of common use amenities such as secarity system:;, medical alarms, exercise facilities, gardening or outdoor recreation facilities will enhance a proposal. Project proposal should make use of the numerous specimen size palms which presently exist on the site. Funding: The construction and loner-term financing of these units would be the responsibility of the developer. In return for the lease of the property &t a minimal cost the develrper would agree to reserve a share of these units (approximately 20-50 percent) for certificate holders in the section 8 Leased Housing Assistance Program. The Housing Authority would have responsibility fcr ad- rnxnistering the subsidy payments. A provision of the lease �;gree- ment would require that Section 8 units rent for no more than the federally established Fair Market Rents for the Leased Housing Assistance Program (1 bedroom $220/mo,; 2 bedroom $240/mo.) & developers are encouraged to submit rents below this Level. B. Senior Citizens Recreation Center Project: To provide a full service senior citizens center (of approx mutely 10,000 sq.. ft.) to house the activities of the current center at 17th and Orange plus the Transportation-Lunch- Counseling Program. Signior Citizen Center would s.nclude meeting romans, offices, a Kitchen, and outdoor and indoor recreation facilities. f Purn ding: To construct this center, HCD Funds ,programmed for im ,fun to the existing center should be reprogrammed to this site and a portion of the funds programmed for site acquisition for senior housing will also be reallocated (see attached Budget) . q �' C. LibYiiy Improvements Project: Provide an exterior " face lift" and relandscaping of tl�c existing library directed towards creating a uniform archi- tectural treatment for the entire project, or, at the developer's option, provide a new comparable facility. The City's contri- - bution to this phase of development shall. not exceed $100,000 and if a new facility is proposed, the developer would be responsi- ble for the demolition of the existing library structure. Funding: City funds would be required for this project (see Budget) . D. Corwercial Space Project; At the option of the developer, limited commercial lease space may also be integrated into the proposal design. The con- struction of this optional facility would be the responsibility of the developer and the developer or management agent will have responsibility for the leasing and management of the commercial space, Funding: The developer would be responsible for the financing of this project and revenues from it may be used to underwrite the costs of the-Senior Housing Project. E. Option: The City will also receive proposals for the use of only a portion ofthe site and these proposals may contain any or all of the components described above. The submission of a proposal for use of only a share of the site is at the option of the developer and developers are encouraged to submit more than one proposal. p t i 5 PROPOSAL CONTENTS All proposals should bu "Jesignjbui.ld" proposals; that is each proposal should represent a physically sound and economically feasible project. Each proposal should contain at minimum: 1. Preliminary Design a. illustrative plot plan (showing ouilding location, recreational facilities, landscaping, walkways, parking) b. elevations {rendering optional} C. floor plan.of typical housing units, senior center and com- mercial space, if any, 2. Preliminary Financial. Statement a,. A "Pro Forma" financial statement must accompany each proposal. This shall include building and other improvement costs, projected revenues; and must document the necessity of the City's financial contribution for the production and rental of the housing units. b. A maintenance and management plan for each element of the proposal and the attendant costs must be included. c. A statement of the credentials of the developer including, pre-ir)us experience with similar project4 and a financial status statement must also be include. Elm `s OLD CIVIC CENTER, REVISED HOUSING PROPOSAL 11ET Cott Source F. SITE PHRPAXkTIO 1,. DeMolition & Clearance of $ 60,000 BCD Senior Housing Site Memorial Hall, Fire .Sta- tion, Administration Building, and Cr.-,,: .ty Clinic 2 Water and Sewea rote- 20,000 HCD Senior Rousing Site rents 3. Grading and Landscape 20,000 HCD Senior Housing Site Alterations Tote. Site Improvements $100,000 HCD Senior Housing Site S. MW SENIOR C.ZFiWR 1. Construction of New $150,000 HCD Senior Housing Site Facility 155,OOG HCD Reprogram from existing center Total Center Costs $105,000 C. LIBRARY IMPROVEMENTS 1 Huild.i.nq Alterations $100111010 City rcnds Lafis-oca,j,e Improvwmnts 2. Or Contribution of Now 1122,OOOL City Funds LIbraary Total Library Costa $100,000 City Funslz Subtotal (405,000) HCD Funds Subtotal (100,000) City Fund a SI 'dot, civic a MCM 1 $T ET 1 LU centerFA i - t L481� 75 CENTEROLD CNIC SITE untie tors beach planning department l 1t m�v�wepvb Yllo� +r�I�ft�I.1PA Mewo am�mY iN•wlu•wM1 Y4 M•ivaw�.qYN�o w. NOLL i� r� VIS 13 2*29 t its m Ex r 8Z jig ` °' PECAN AVENUE —� a. c. podking area 25 85 MEMORIAL HALL ISO 2 story marry+/stump , 2< s, w 31 tral 'S X Vf grass area 6R. CLINIC ' 11 stasylinp.{ p� `V 2-3 27 27 09-A E AVENUE , �u �� OLD CIVIC CENTER SITE • SOUTH .�•.�`-5� ..'� 1',c5�'� ..�3 M}. ;{ _', _ t `M1 -1 1.... t .. 4 ;'.AP 2 #- u41 i;;t'"� '' "�ij�^`¢} r'fit�t ``�'.:� � _ . :. �•. .•.a�� Y..i_:..Y>14 t (,. ,.....�:- ..�)f -... i r'r.r.:if ..... ..;. — ,,.Sa•� ..,..':.r :ar'1 .... ,� .5,�Y ,Y...... _t �t�i tr S n G '`}i�iiilipip 1lN8 i� h;N�iiW�I `!' �a tii ;;� ngIN� �il• `'�i}Ylf�M 1lylt�l � r 77 mom i�' i li�#!i!I liii r , NtIR#ilMMi"1 l�t S i!I�i�1ii1 NiHl�I ;{�AI�. � 1 ��' -ice iliilMl� 1 iitii`�.IHlI� NtiN'•iilif `��Ali' }' 7 Aim "RUM �aPi� r �inr�r: irui, as SIR Niii niNllH�iM � � Sbi 5 Y.3'v�ot,.i'; .t .,..•iz x ''t#a;.,-n�..,• :�' .,.J, {.aE i �„ x �:4 - t #p ��� ,X�i.;"ct ♦r r` t ,�a;�..a.31�c,a.`�'"f �7l 4�1 s,.•!ati n.-,{t>1;+�e v!5 a.ln�',.z.bj�;�-..ra„'v rya =a'!: .�.+$ d:�, �,yr�„[�s,. ea5 ++•a r;:k'i` tp .. ,�#� iy 1:ti,v,� ,,.�::+-� $23a,`%e`'"a �e„J.�,P 'v.et'.e_kr' ..Y. ;y9 5 �.'yp lv, 4 ;�-:€� t A„�y, ,,*1., r`,. i.2tk AY s 5 �y 5 i � f i i �tlN�i?�Ii ,�lll1 tl�t�: r.< �� -�ruMa ■� ,����i Nib �1��� +i rA tN{ttlM t #tk hill !#tYl { E [4 #aMR 3MkNN �3 t r I ', , n BEAU DEPARTMENT OF PLANTING AND i .,.WNMENTAL RESOURCES f�. ® P.O. BOX 136,HUNTINGTON BEACH,CALIFORNIA 82648 (714) 536.5271 November 29, 1978 SUBJECT: SENIOR CITIZEN COMPLEX AT OLD CIVIC CENTER SITE: SUPPLEMENTAL INFORMATION Gentlemen: Transmitted herewith is the supplemental information packet for the subject project including; 1. .Time Schedule for completion of Project: 2. Program Design for Senior- Citizens Recreation: Center; and. 3. Soils investigation Report. This completes the distribution of information regarding the senior complex. I would be pleased to meet with you to review the schematics of your proposal. If you should wish to make an appointment to do so, or if you should have any questions, please contact me at (7'14) 536-5541: Very truly ours, Step"en-`V. hler Senior 'Co unity Development Specialist SVK:gc Enclosures (3) CITY OF HUNTINGTON BEACH HOUSING &' COMMUPITY DEVELOPMENT PROGRAM OLD CIVIC CENTER SENIOR CITIZEN HOPPING TIME SCHEDULE September. 1978 • Council approval of RFP (9/18/78) • Final preparation of RFP • Compilation of RFP distribution list . Investigation of advertising • order site appraisal October. 1978. • Meeting with City Departments (Library, Recreatiom 'Parks Human Services) • Preparation of proposal review criteria • Distribution of RFP . informational meetings with developers November. 1978 . Proposal preparation period • Arrange consultant economic review of proposals • Initiation of General Plan Amendment and Specific Flan Decembe.r,__1978 Deadline for submission of proposals (December 22, 1978, 12:00 noon) . Interdepartmental review of proposals (staff screening) January, 1979 . Presentation of acceptable proposals to Redevelopment Commission (developer presentations) . Formulation of Redevelopment Commission recommendations Initiation of EIR process and Zone Change Februar 1973 Presentation of Redevelopment Commission recommendations to City Council L Ax_qh or.i l, 1979 . Council selection of developer proposal Initiation of negotiation with developer for partic pation//ease agreement .,Begin 6Q_day per,iad for preparation of final, proposal Page Two Niay. 1979 Council approval of participation/lease agreement, EIR, and zoning j Developer begins working drawing J June September, 1979 Developer completes working drawings f October --November,. 1979 Construction bid period Demolition of buildings on site December, 1979 Council approval of contractor ,anuary September, 1980 Construction period October, 1980 Dedication -3nd grand opening Ii I f f CITY OF UM;TINGTON BEACH HOUSING AND COMMUNITY DEVELOPMNT PROGRAM PROGRAM DESIG14 SENIOR CITIZEN RECREATION CENTER OLD CIVIC CENTER SITE As part of the new senior citizen complex to be located on the City's old Civic Center site will be a .Senior Citizens Recreation Center to replace the existinq facility at 17th Street and Grange Avenue. This new facility should encompass approximately 10,000 square feet, and the program design for the building is as follows a 1. Asse.nbly Room a. Seating capacity of approximately 400 at tables. b. Operable walls to divide space into at least two, preferably three snaller spaces. c. Access to kitchen is necessary,, and when operable walls are closed one space should accommodate E0-100 people seated for lunch -under the. Transportation-Lunch- Counseling (T-L-C) senior feeding program. . Xitchen a. For use primarily for catered meals, coffees,, teas, but should permit serving of "pot luck" meals with limited, of-site preparation b. Two warming ovens, sink, and commercial refrigerator, residential range/cook top. c. Generous counter top work space and storage. d.. Access to assembly room and to outdoor space necessary. 3. Senior Outreach 'Pr2jram This program provides a va=lety of social service: to hone- bound seniors. The emphasis of this program is service to seniors at hoarse, client contact doeq not occur at the Centerr therefore a. office space for a staff of 15 is necessary. b. One separate office for the program coordinator is necessary, c. Office space for council o� _,Aging representative is necessary. 4. Senior Citizens Center Staff a. Office space for a staf, .)f 10, including a recep- tionist, is necessary. b. One separate office for the center' s director is necessary. 5. Game Room a. Must accommodate two pool tables and one snooker table. 6. Meeting Rooms a. At least two and preferably three meeting rooms shall be provided. b. Each room should, accommodate 25-30 people at tables and 50 people in assembly seating. 7. Additional heeds a. Storage space for folding tables and chairs. b. ',Reception area. C. Foyer/lounge at entry with easy, covered access to buses. d. Janitor's closet. e. Restrooms with ladies "lounge" and handicapped equipment. f_ rc:tt storage. g. Public address system in. Assembly and with music :in all rooms. h. All building components should be durable andrequire little maintenance. i. Transmission of interior noise should be mitigated. J. Entire building must be accessible to handicapped. k. DrinkLig Fountains (inside outside) & vending machine alcove. 8. Outdoor Activities a. Four shuffleboard courts. b. Outdoor seating. c. Outdoor eating area with kitchen access and separation from surrounding area. d. parking for 70--75 cars. e. Easy access for charter buses'. NOVEMBER 2-4, 1978 PR03ECT NO; A78-26:57 FOUNDATION INVESTIGATION SENIOR CITIZEN HOUSING DEVELOPMENT OLD CIVIC CENTER$ITS MAIN STREET, BETWEEN Sth O-43 6th STREET HUNTINGTON BEACH, CALIFORNIA, FOR CITY OF HUNTINGTON BEACH Department o? Planning and Environmental Resources P.0. Box 190 Huntington Beach,California 92649 y L 691. Al"PONT *AV •.F,m.moo 86060•L014's WCAC+.". CALW. $*"I P440 C 112142.4-706Q 4636-C ritsw O ®TglH.6f 64V6 00*0%, CBiUP. MAI PHOWa 714/664•Td74 f& November 220 1973 Project Ncx AM265 City of Huntington Beach Department,ol Planning and Envlrannn4ntai Resources P. C. Box 190 Huntington leach,California 92642 Attention: Mr. Ste then V. Kehler Sahltar Community Development Specialist References Sailor Housing Daveloia ent Old Civic Center Site Main Street`between 5th and 6th Stmet Huntington Beach,California Hear Mr. Kohler: Presented herewith is our Report of Preliminary Foundation Investigation conducted on the site of the Senior Citizen Housing Development to be located at the referenced site. The investigation was planned in accordance with the plus and inforn-At on furnished to us by your office. It i5 understood that the proposed structures will mainly consist of 1 to 3 story wood frame construction. Maximum column and watt loads of $O kips and 2.3 klpc per lineal foot, respectively,have been assumed and olliLed in our calculations. Prudent evaluation of site conditions has t*en made with regard to the structural aspects of the proposed development. Respectfully submitted ASSOCIATED SOILS ENGINEERING, INC. vie. t �. Richard L. Manniqgv Jr. Sy Z. Ahmad Project Engineer R. E. 01662I RLM.sda cc. The purpose of this .investiption wa to determine the etarface and m6striace &oil conditions on the site and to obtaln Information an which to hue recommendatlon4 for site development aid for designing adequatt. loundationa for the proposed Senior Citizens Housing Development. The results of the field investigation and laboratory study, upon which our recommendations are ba,svf, are contained in the Appendix to this report. The recommendations mitained in the report reflect our beat atirnatte of soil conditions at tick tirrtt of d7illing catly, end l>az d upon information obtained iron the limited numbat4 �of '—Irlt € r..° $performed. it is not to be construed as a warranty of the condition of >~�'. x `t.l x; of ,.fer areas or at. other depths. Should any unusual conditionz become apparent rkl�tak t .dlr or fatmdation construction, thls oftico should be contacted for prior to c o ntirwation of the work. The owrrtr or his representative should make sure that the information and recommendations contained in this report are called to the attention of the project architect and engineers and incorporated into the plains, and that the neceasasy steps are taken to confirm that the contractors carry out such recommendations in the field. This report is subject to review by the controlling authorities for the project. This office should be notified should any of the following, pertaining to final site development occur, 1) Final plans for site development indicate utilization of areas not; originally proposed to receive future structures. 2) Structural loading conditions vary from those utilized for evaluation and preparation of this report. 3) The site is not developed within 12 months following the date of this report. 4) _ (-,hange of ownership of property occurs. Should any of the above occur, this office should be notified and provided with finalized plans of site development. Provided information would be reviewed and necessary recommendations for -additional work and or updating; of the report provided. Any charges for such review and necessary recommendations would be at the p*evailing rate at the time of performing review work. x r �` A79-2637 Page 2 So LOCATION AND CONDITIONS LOCATION The site Is located an the pmxgwrty of the cAd Civic Center on Main Street, between fth and 6th Street, In Htmtftton Beach, Ca lltomie. The faiowf information pertalning to site co"tions was obtained &whV tM cowse of performing fieldwork for thls prOjeCt. 2. BOUNDARY CONDITIONS The property site is bound on the north by Main Street, and an the &aoreft by orange Street. The site is end on the east and watt by fth S~ wd 6th Street, respectively. 3< SURFACE CONDITIONS The area of investigation has as generally uniform level grade. Numerous buildings are presently situated on the site (refer to Plot Plan, Plate PAN) and visually appear to be in good condition. An asphaltic paved strut (Pecan Avenue) was noted running acro" the site in a diraectlLje parallel to Orange Avenue. Several paved parking lots � e also noted on the site. in general, asphaltic pavements vizually appeared to be in fair to good condition. The balance of the site is covered by lawn, landscaped plants, and numerous trees (mostly large palm trees). 4. SUBSURFACE EXPLORATION Subsurface exploration disclosed no fill soils on the site at test boring locations. Surface natural sails are classified as silty and clayey sands, sandy silts and silty clays, with deeper seated,natural soils classified as sands. �o A79-26 57 o°' Page 3 SITE LOCATION AND CONDITIONS contimied 5. GROUNDWATER AND CAYXNG Groundwater was encountered at a depth of 33 feet below existing grade, as determined in test boring no. i. Measurements taken in Least icing re. s. 3, 4, and S were to the level of drillees mud slurry only. The slurry was utilized to minimize any patentla8 Pole clogu!•e during drilling. :The level of driller's mud Murry continued to fall &wWg 0. period of monitoring and thwrefom did not reflect depth to 'rater ,,J. However, the level of driller's mud slurry did staMlize at a depth of 34 $ems below existing grace,potentially indicating the pmewe of a water table. b. UTILITIES No overhead or underground utilities were encountered during the performance of field work for this project. However, overhead pourer lines were noted servicing buildings on the northern 1/2 of the site, and underground utility lines, are probable. It is understood an oil production line may rune through the site, 7. GENERAL A detailed derucription of soils encountered and conditions experienced during the performance of subsurface exploration is shown on the appended boring logs. s,rRUCTURAL CONDITIONS The following preliminary structural information is understood to apply for thin project (as provided via phone conversations with Steve Kohler) and was considered in our evaluation: I. It is understood that the site will be used for residential development consisting of i to 3 str wood frame construction. �o A78-2657 Page 4 �o er•x�vweee ,awc r�` GTURAL CONDITIONS continu 2. it is understood that slab on grade construction will be utilized. 3. It is u nderstoW i t several of these structures my have a s uriadce garage. RECOMMENDATIONS 1. GENERAL Eased on a review of site c or4tions disclosed coring the perforr ce of field work, and evaluation of a aRable laboratory tut cbta, the following recommendations are provided. 2. SITE PREPARATION Prior to grading, the following items should be perfornx-d. 2-1 organic Growth: 2-1.1 Trees: Trees which lie in areas of future construction must be removed, Such removal mush include rootbal;ls and any attendant root systems. 2-1.2 Surface Vegetation: Grass turf should be stripped and disposed of off site. Stripping should penetrate three to six inches into surface soils. Any soil sufficiently contaminated with organic matter (such as root systems or 'strippings mixed into the soils) so as to prevent proper compaction► shall be disposed of off site or set aside;for future use in landscape ;re as. �o g A 7g-26 7 R-ige 5 s :Mfg�rdc�i�o�vo,w 1 ' {3MMENDAI'lONS- continUed 2. SITE PREPARATION - continued 2-2 Existing Structures 2-2.1 Demolition: Slabs an grade and foundation systems from demolished structures should be completely removed before gradleg operatics commence. 2-2.2 oversize Materials No c r€te from demolished structures, structure foundatlwu, or encasing may be used in compacted fill without the aWoval of the foundation engineers. Approval would be dependent vpon feasibility of reducing concrete places to manageable also (six inch maximum), and feasibility of placing such oversized material at a minimurn of two feet below elevation of future feating bottoms. 2.3 Existing Asphaltic Concrete Pavements Any existing streets and paved parking areas desisted for removal sWi be stripped from the site and associated concrete curbs and wW ks completely removed. Such removed asphalt paving and concrete fragments should be disposed of off site unless it can be reduced to manageable sire specified in section 2-2.2 above. Reuse would be subject to thr; above referenced section. 2-4 Utilities: Any undergmund utilities should be cut-off a minimum of s feet beyond the edge of futtze buildingx. As an alternate, deeps hollow lines may be, left in place provided they are filled with concrete. No filled lino: should be permitted closer than 2 feet from, the bottom of future footings. �a Vic#' A78-2637 Page 6 xa.cs r�r,han.�asaac � RECOMMENDAMNS- continued 2. SITE PREPARATION-continued 2-4 Utilitiesr- continued The ends of cut-off hollow lines should be plugged a rninimurn of 5 feet with concrete exhibiting minimum slseinkage characteristics to prevent water migrating to or from hollow:lines. In addition,capping of dims my be required should the plug be subject to any line pressures. 2-5 Abandoned Wells: The condition of any previously abandoned wells if encountered should be researched to ensure that proper cut-off depths, and plugging and capping operations were performed. 2-6 Oil Contaminated Soils: Should any, sumps or oil contaminated soils be encountered, it would be necessary to remove soils sufficiently contaminated with oil to prevent proper compaction to full depth. Contaminated soils should be disposed of off site. 3. GRADING Aftet• completion of the above preparatory items,grading may commence. 3-1 Slabs on Grader Natural soils in areas of future slab on grade construction should be scar'tied 12 inches and reeompacted to previously-specified percentages and moisture contents prior to replacing any removed old fill. The above specified scarification and recompaction of site surface soils would also be required prior to placement of any fill if needed to achieve subgrade elevation, }7�-2b ST Page 7 e Dams eN0s RECOMMENDATIONS- contin!<t,j 3. GRADING -continued 3-2 Backf ill: Existing site soils encountered in test borings were gemrally clean and are considered suitable for reuse. However, should any deleterious material be encountered, it would be necessary to dean soh material from excavated soils prior to resuw. Excavated material approved for reuse should be deposited In 6 to 2 inch loose lifts and recompacted to 90 percent of max;mum density at near optimum moisture contents. 3-3 imported Soils(if needed}: Any imported soil required to complete grading ope:ratiom should consist of granular low expansive material which exhibits an expansion index of not greater than 20 when tested in accordance with U.B.C..29-2 Expansion Index Feat Procedures. 3-4 Vesta and Inspections.- Grading, compaction, and utility lint backfill operations should be pit'armed in the presence: of a field representative of this office. An L,deq,uate number of field den.:ity tests should be taken to ensure compliance with this report and local ordinances. xf it is determined during grading that soils require reworking to greater depths, for safe support of the proposed structure, this additional work sl-rind be performed as directed in the field. > �o ""79-26 5T Page att?tt�,�:A'7c�dV,i�R4�CN0.lFJG RECOMMENDATIONS-continued 3. GRADING continued 3-4 Tests and lnspectionst continued Imported flit soil should be inspected by a repeevntative of this office prior to being hauled to the site. Maximum density for control of grading shall be determined In accordance with ASTM D1537-70 test procedures. 4. SHRINKAGE AND SUBSIDENCE The upper 3 to 6 inches of surface soils may not be suitable for use as structural fill due to organic contamination. Nominal volumetric shrinkage may he expected as a result of soil compaact!on. Site subsidence caused by clearing and compaction operations will also occur. An average value of 0.1 feet is r^commended for earth yardage caalculatiom, An estimated S cubic yard wastage should be considered fdr each tree rootbaell system removed. Losses due to removal of structure foundations, s!abs, pavement, and abandonee utility limas will also occur, however such losses are dependent on the extent of material removed and therefore cannot be accurately estimated at this time. Total estimated site shrlr.cage should be calcualted by combining all the above values. The estimates given herein should be verified during grading. �o ,, A19-2 57 Page 9 RECOMMENDATIONS- continued 5. DESIGN VALUES 5-1 Bearing,Ccitiesr Respective, safe, dead p4us live load allowabQe Wiring pgesvxes of 1900 and 21VJ pounds per square foot may be used In resign of colon and spread footings when placed an firm bearing raturel mile, and when em5edded Ig Inches l ow lowest adjacent finish zuhpada. A o e third Increase In the eve bring pressures may be is d comidering short term loading from grind or seismic sources. No footing shouid ba built less than 12 Inches wide. insper;tions of the footing trench -,xcavations ;should be perforuvad by a representative of this office to confirm embedment into, and. placement on competent bearing natural soils, and to ansure any loose or caved goils are cleaned from footing bottoms prior to placement of reinforcird or concrete. 5-2 Settlements: Total settlements for footings placed on apsprow-d bearing soils are not expected to exceed I inch. Differential settlements may be determined by comparing estimates for total settlements as presented in the following table for varying finished floor sitbgrade elevations and loading conditions. TABLE OF ESTIMATED SETTLEMENTS Finish Floor Footing load Settlement Sub r de_ r Condition Inches Existing Grade Continuous 2�3If 0.3 Existing Grade Spread 80k 1.0 martial moment Continuous 2.5k/if o. ,"Partial Basement Spread Sok 0,11 +1° *Finish floor subgrade elevation taken at 5 feet belowexisting grade. K �, A78-2657 Page 10 u RECOMBMIENDATI NS-contitwtd DESIGN VALUES 5-2 Settlements. - continued i ! Should the structural loading com6ltions vary by more ftn 10 percent from those assumed for this project,, this office sl'xwald be notified for I further evaluation and recommendations as necessary. 5-3 Lateral Resistances Lateral resistance may be computed by Lse of a, passive pressure of 250 pounds per square 1%x)t per foot of embedment into compacted fill soils, and a friction coefficien'c of 0.35 between concrete and the supporting , soil. FLOOR SLABS Floor slabs may br sa.rly supported on soils reworked as described in the Grading sect.-on of this report. My slab to receive a moisture sensitive floor covering should be placed on an impesmerabie membrane topped with two hr hs9s of clean, coarse sand, or on 4 inches of open-graded gravel. 7. EXPANSIVE SOIL PRESSURES Site s(trfact sails exhibit very ow exp-ms,ve soil eharacteritttics. How"et th deg,e- of pansion should be confirmed after con,,..etioci of rough grading operations. 8. PLANTERS isoiy planter area, placed adjace<et to perimeter foollings should be provided with false bottoms, or other devices, to divert water away from foundation and slab suhgrade scads. Excessive lateral water mov,:Ment to or from such soils might urn-cessardy increase differential settlements. LLy This concludes the recommendat crts.. The aperidixfollows<: A79-2657 Page II ,[Y,t6 rd�K3ris@lEi+sa�s4 Kr'C ma. APPENDIX The following Appendix contains the suhatantiating data and laboratory test results to complement the engineering evabuatlons and recommendationA stained in the report.. Plate"A" Plot Plan Plate IS-1" tKu"B--511 daring Logs Plate "C-V thru"C-611 Load-Settlement Curves Platt I' -I" thru"13n-5" Direct Shear Pests SITE EXPLORATION On October 31, and November 1 and 2, 1978 Yield exploration were made by drilling 5 test borings at thz aWoximate locations indicated on the attacl*d Plot Plan, Plate "A". A truck mounted rotary mud type drilling rig ecittipped with a pump capable of circulating a bentonitic "drillers mud" slurry &nd 6 inch diameter soil type drill bit was used to advance 3 of the 5 bore toles to depths of 25 to W feet from existing grade. A truck mounted drilling rig equipped with a 6 inch diameter continuous flight auger hi€ j was used to advance 2 of the :5 bore holes to,a depth of 30 ano 40 feet from the existing grade. f Description of the soils encountered, depth of undisturbed cores, field density and fiend j moisture content are: given on the Log of borings for the test h-ole:s. 4 ,L Undisturbed sampler of soils were extracted in a barrel sampler with tapered cutting shoe. The undisurbed. soil retained in 2.5 inch diameter by one inch rings within the sampler wss tested in the laboratory to determim in-place density, in.�154.tsre content, spar resistance and settlement characteristics. Continuous oWerruaticmx of tht materials encoimTf.red in the borings were recorded to the field. The. soils were classified in the field by visttal and te.xtsxal examination and these wlassitications were supplemented by obtaining bulk soil iamppleia tar luture� examination in than laboratory. Al! samples were secured in moxstire_resistant bags as soon as taken to minimize the loss of field moisture while tieing transported to the laboratory and awaiting testing. After the samples were visually, classified in the laWratory, a testing program' that would provide sufficient data: for our analysis of the:soils was estahlishe,da h A78-2657 1 ACIA.10gram-IN W A APPENDIX - contsnuerl LABORATORY TESTS Direct shear and cxmwlidation tests were performed on selected undisturbed core samples to determine the shear strength and settlement characteristic of various ,;oil samples. LABORATORY TEST RESULTS MAXIMUM DENSITY TEST RESULTS The following $?�Tn !m density tests were conducted in accordance evlth r�STPuI DI557- 70 Method A of test using 5 equal layers, 25 blows each layer, 10 pound hammer, 1# , inch drop in a 1/30 cubic foot mold. Test Hole Depth, Maximum Optimum Material Number Feet Density, pcf Moisture, % Classification 1 0 - 4 128.0 9.0 SM 2 0 - 4 131.5 8.0 SM - ML EXPANSION DETERMINAnON Expansion tests were performed on selected soil samples to determine the swell characteristics of typical site materials and the following results were obtained for 144 pounds per square foot surcharge load. The expansion test was conducted in accordance with Uniform Building Code Standard No. 29-2. Expansion Index Test. Maximurn Opt Molded Molded Density Moist, 0'y Moisture % Expansion Expansion Location acf % Densitj Content Saturation It"Ioex Classification T. H. 1 128.0 9.0 122.1 9.3 65.2 0 Very Ltwr r _ 4 131.5 8.0 120.6 4-1 54.' 0 Very Low �G t) - 8' A78-2657 li j ..1 v i at�0.00 C wc3tN��s �a1 . A - -&S VL e I i i ! 4 d>�tate I - - � i �• AHi I See note below PROXCT A78-2657 Ste note below WN 4Q&& 1 lut Nol„e aw• csAas+Evcaw�a ,vaNNtmr a: eao TEST HOLE NO. 1 o.o-1 .0 SANDY SILT - Brown to dark brcaa, bordirm IC silty sand (SX) - damp 1 .0-3.0 SILTY SAND - Brown, borders sandy silt W 2.0 15 * 10.5 1 (M) , with a ttAce 6f clay, with trace rk-ts (to 1/4" di tern) -- moist I 1.0-5.0 CLAYEY SAND - Brown, with a trace of 3C 3.0 30 115.5 12.4 rootlets - calcareous - moist ` 5.0-9.0 SILTY CLAY - Brown, light brown to light CL 5.0 24 117.4 ' 14.3 gr$y brown below 7.0', with a trace of 8.0 27 111,8 14.3 send - moist, moist to wet below 7.0' 9,0-9. 5 SA14DY CLAY - Light brown - moist CL Q. 5-11 .5 F14E SAND - Light brown, with a trace SP-S14 of. silt - damp 11 . 5-40.0 FINE TC MEDIUM SAND - Cray and rust SP 13.0 49 95.1 3.1 damp, moist to wet below 36' 18.0 34 1 23.0 35/6" * 3.6 29.0 33 KEY; t� 1) Blow Count 1 [) Dry Density, pcf 3) Moisture Content, 1 & NOTE: Blow cou�iits as determined by dropp ng a 140 lc. hamper through a height of 30 in es i on a 2.5 inch 1.D. sampling :device. Rec del t clowe ate for 12 inches of penetrations cept an noted. t it Indicates unsuccessful attempts wade in etrie `ing undisturoed core sample. Bulk aample to n whe e possible for visual classa.fication and sture � detemtnation only. 1 >W W P Los OF DMNM A7E-2557 I - son¢'d . TEST HOLE NO. 1 - continued WATFR TABLE A.'1ll CAVING NOTES: After completion of drilling to a depth 40' 9 test boring closed to 35' below exi ing grade -- bottom of hole wet in moisture ntent . After 15 minutes had transpired, bottom hole l at 35' ana saturated in moisture content inaic ting approximate level of grounduate.r table. 1� +l+p f e! t MAra 9• 1 = ont'a IMMUNE r 7 lz I _ k Mi IA- A& L I dym) 71 j I w_A11 N IAWI See note below A78-1bS7 (AVING See note below MO =a NO. 3 UI VTH Of IItL None G`V9 I1-1-78, ,. . Dow" . . .n.rrt 04" orb ��.� ��} 13) 0. TEST HOLE No. 3 0-1.0 16" ASPMLTIC CONCRETE PAV'E!1ENT ON 6" I AGGREGATE BASE 1.0--5.0 SILTY SAND - Brawn to dark br,,.own, border& SM 2.0 26 113.2 9.3 ,aandy silt (M,) , tr-s ivganicn at 3.0 13 110.1 9.3 2.0' - moist 5.0-11.0 SILTY CLAY - Br,,- n eand, gcadationa CL 5.0 36 116.11 13.0 E contact with above silty aar.3 horizon, 8.0 41 118.8 .15.6 sand percentages decrease with depth - moist { 11 .0-13.0 FIRE SAND Brown with light tzrti an, with SP � lens of clay (CL) at 12' - moist CL 13.0-1&.0 PI?'E TO NEDIUM SAND - Light brown, with �SP-Sh 13.0 53 107.8 12.4 a trace of silt - moist 18.0-39.5 FITE TO MEDIUM SAND - Light brown, light SP 18.0 52/7.5 101.9 21.7 , gray brow below 287 - Wet to saturated 23..0 43 26.0 50/5" * 19.1 39.0 52/6" * 23,4 t (KEY: i, 1) Blow Count 2) Dry Density, 2cf tE 3) 1'oist,,:re C intent, % li jNOTE: Blow counts as determined by dropp'ng a 250 1b. han ner through a he -ht of 18 inc ea. , on a 2.5 inch I.D. sampling device. Reco ded blows are for 12 xnchee of penetration, cept { as noted. a *Indicates unsuccessful attempts made in �etriejing j undistvtrbad core sample. Bulk sample ta;c" n for visual clessificaiton and moisture determ n.atio s only, where possible. {{ 1 l ' FL4TS 2• 3 � ,3r Lao 9090M M A811PO).W" A78-2637 MWOMMO-3 - cont'd COPI �. i o�x t►eoaes�arr� .d.+�rmoiOVOM06 at !TEST HOLE NO. 3 - continued ;WATER TALE AND CAVING DOTE: After completion of drilling operations, he `bore bale was partially bailed of driller a mud and the fallowing tabulat*d messy to were recorded. Bottom 'of Depth to Date Time Hole Driller'sI Famarks � 11-1-78 2:30 pm 34.0' Bailed hole f dril ear's 11-2-78 9:15 an 38.0' 34.0' Depth to dr er's d app4qrx of lc. 1 i i i i i i l E MATA 0. 3 ont d v ; r Los '+RT *A I I H IAW See note below PWJM A78-2657 A.INI, Hone experienced VUV MW 90. 4i 1-t-78 f u v 1 H of f'l[ None am NEST HOLE NO. 4 c)-2.0 SILTY SAND - Brown to light brown, border SM sandy milt, with a trace of clay - damp .0- 3.0 SILTY SAND - Light braan[. with clay, SA€ 2.0 70/10'° 122.0 8.1 with trace organic material noibt 3.0-5.0 CLAYEY SAND - Brown with gray brown and Sc 3.0 72/10' 123.0 9.3 rugr - dump 5.0-8. 5 ( SILTY MAY -• Light brown to brown, with CL 5.0 40 118.2 15.6 a trace of saw - moist 8.5-10.0 FINE SAND - Light brown with light brown � SP I Moist 10.0-25.i ( FINE TO 1EDILM SAND - Light brown, light SP 10.0 47 108.8 11.1 gray brown below 20' - wet, saturated 15.0 48/6" 107.2 19.1 with depth .20.0 50/6" * 4.7 25.0 50/6" 101.8 . 17.0 �k I KEY; � 1) Blow Count 2) Dry Density, pcf 3) Moisture Content, S NOTE: Blow counts as determined by dropp ng a 250 lb. hatm•ner through a height Gt !8 inc es on a 2. 5 inch I.D. sampling device. Record bio:A are for 12 inches of penetration, except z not i i k *7nd,cates unsuccessful attempt mace to r :sieve( undisturbed core sample. Bulk sanRle tak n whe6 possible for visual classilfleatiori and mo sture determination only. PLATI-9. 4 A o _ a A78-2657 AY,NI. i KM 6t5. 4 - cost'd i,1,1I UI I ILL BAY% QUARD 1.1-1-7.8 IF'TEST KALE NO. 4 - continued WATER TABLE AND CAVING NOTES: After completion of drilling operations t bore hole was partially bailed of drillers mud and Ithe following tabulated caasurements were scor BC ttCM of Depth of Date Time :foie � Drillers R ar ` � 11-1-78 11: 15 am 25.0' 19.0' B ilsd ho a of d illera wd ! 11-2-78 8:00 am 25.0' 22.5' i i i I I 11 i 6 P.AW 0• 4 con t'd J WA FAA-ill IaeFt See note LN OF PAZ= A78-2657 A.,N(, See uotc F••- . 5 ofPfH Of FILL N'.ne Mqt MUM 10-31-78, 11-1 6 (TEST HOLE NO. 5 t..0-.:. 5 SILTY SAND - Brown, with a trace of clay SM 2.0 24 122.4 13.0 - Mvist 3.0 21 124.0 13.0 4. 5- 8.0 SM`Y CLAY - Brown to light brown, with C1. 5.0 41 119.6 I5.6 .a Brace sand - moist Illf �8.0-12. .0 FINE SAND - Brown to light brown, with P-SM 6.0 40 117.8 14.3 silt - wet 1 12.0-11.0 jSILri CLAY - Light brawn - stiff - moist CL i 13.0-22. 5 FINE TO nDIUM SAND - Rust and gray - SP 13.0 37/6" 102.2 19A wet to saturated 18.0 53/6" 105.9 21.2 i :2.5-13.0 ;SANDY CLAY - Gray brown, borders clayey CL i sand - rrnist 23.0-23. 5 FINE SAND - Gray with rust, with a trace SF-SC 23.0 30/6" 114.8 14.3 of clay - moist 21. 5- 28.0 FINE SAND - Cray with rust, with lenses SP 23.5 30/3" for layers of fine to coarse nand below 26 feet - moist 2H.0- +9 5 FINF TO WDIUM SAND - Light gray brown, �` SP , 28.0 45/6" 106.3 19.1 gray to blue gray below 39' - saturated } 33.0 60/8" 100.2 22.0 39.0 40/6" 110.2 19.1 { KEY: I 1 ? Blow Count Mk 2) Dry Density, pcf i 3) Ptointure Content, % �} NOTE: Blow counts as determined by dropp ng a t � 250 lb. hammer through a height of 18 inc es t on a 2.5 inch I.D. samoli.ng device. Reco Bled glows are for 12 inch, % of penetration, cept (I as noted. mAim a• 5 9 f N a LIM or �.AM WA-' t - A78-2657 AVINI. W- 5 - Cont'd In Yitf of kilt �'... i.R�4 s►aYaiCiGsrfat v+wrea. W�O�I 64v 6i�9 � ��� ,{$�. QaE0P66b TEST HOLE NO. 5 - continued WATER TABLE AND CAVING MOTES: ' After completion of drillirsg operations t bare hole vas partially bailed of drillers mud ad the following tabulated measurements were, ecord' - Bottoms of Depth -of Date Time Hole Drillers d R.emarkii ' 1:-1-78 8:15 am 23.0' B.Sieo hol4 of dr lers mid 11-1-78 9:15 am 36.0' 28.5' . 11-1-78 i:15 pm 36.0' 30.0' 11-2-78 8:00 am 36.0' 32.0111 11-2-78 1:00 pm 36.0' 32.5' r i 3+ t a 5 - 1cont'd' t .Rr ° N I I CITE nTI G T 004, n BEA ( H DEPARTMENT OF PLANNING AND ENVIRONMENTAL RESOURCES p, O, BOX 190, IMNTINGTON III ACII, GAt It OHNI/1 92648 (114) YI6Ik2/I December 15, 1978 Subjects Senior Citizen Housing Proposals: Evaluation Criteria ';entlemen: Enclosed please find a copy of the evaluation criteria that we will usc to review all proposals submitted in response to our Request for Proposal for senior housing and recreation facilities on the Old Civic Center site. These criteria are transmitted now to assist you in finalizing your proposal. In addition, I would like to ask that all narrative information sub- mitted with your proposal (including economic statements, design methodology, management plan, etc. ) be submitted in duplicate. Likewise, if you intend to submit blueprint plans with your proposal, please submit in duplicate. Of course, any large-scale display drawings you may wish to submit will not require additional copies. Let me remind you that all proposals must be received at our office (2000 Main Street, Huntington Beach) by 12;00 noon December 22, 1978, We look forward to your submission and if you should have any questions, please do not hesitate to contact me at (714) 536-5541. Very truly yours, 1�/145�� Stephe . K ler Senior Comm ity Development Specialist SVK df Enclosnre HUNTINGTON BEACH DEVELOPER EVALUATION CRITERIA A. DEVELOPER QUALIFICATIONS AND CAPABILITIES 1 . Previous Experiences a. Housing generally multi-family subsidized elderly b. Rehab c. Corcmer(Jal d,. Performance of Developed Projects e. Property Management Experiences - Management method (contract or in-house capabilities) proposed method on subject site, - Organizational system and its characteristics - Number of residential units presently under management Sinking fund or reserve for replacement Proposed tenant selection process f. Reputation in Industry g. Qualitications of Desiqn Team 3. Financial Strength a. Net Worth b. Banking Connections c. Credit References - D ii B Rating d. Sources of Financing - interim - ta?;e-out -2- B. DESIGN FACTUAS 1 . ISite Plan a. Density, Number of Units b. Open Space C. Linkages, Units, Senior Center, Library d. Orientation to Surrounding Environment e. Retention of Specimen Trees f. Landscaping 2. Amenity Package a. Indoor Facilities b. Outdoor Facilities C. Parking 3. .,ni . Design a . Unit Mix - l Bedroom, 2 Bedroom, Studio b. Unit Size, Square Footage C. Light, Ventilation d. Unit Features - Amenities - Special Elderly Features, i.e., grab bars, wider doorways, shower seats, safety-related features, security features e. Floor Plan 4. Building Configuration a. Number of Stories b. Design Diversity C. Cost Effectiveness (net useable space both interior and exterior) 5. Outer Design Factors a. Compatibility with Neighborhood b. Energy Efficiency C. FINANCIAL FEASIBILI'ry 1 . Development Costs a. Site-Preparation b. Direct Construction c. Amenity and Landscaping d. Indirect Costs interim finLncing, including loan points G b A architecture and engineering fees legal and accounting marketing insurance, closing costs, and miscellaneous fees 0. OPERATING FEASIBILITY a. Test Rental Rate Assumptions, Marketability of Non Subsidizeu Units b. Number of Section $ Units - Do they meet HUD standards? C. Gross Revenue 4 d. Vacancy Al 'owance e. Operating Costs - real estate taxes (in this case, whereby the City maintains land ownership, possessory interest taxes will apply) - insurance - utilities - gas, water, electricity - Elevator maintenance and reserve - landscape maintenance and reserve - rubbish collection - replacement reserves roof, appliances, paint, carpets, etc. ongoing building maintenance - janitorial - resident manager - legal and accounting - management fees f. Cash Flow and Rate of Return - capitalized value of operating income stream - probable amount and terms of interim and take-out financing - developer equity requirements - after debt-service cash flow - cash flow return on investment (ROT) - justification of City subsidy E . CITY OBJECTIVES a. Number and Percent of Subsidized Units b. Fiscal Impact - Revenues (possessory interest taxes, fees and licenses, per cap subventions, sales tax generation, etc.) - Costs (direct subsidy, municipal services) c. Completeness of Proposals - Committment to All Elements Program or .dust Parts ® C I T Y 0% F H U" 1"61 TinGTon BEACH J DEPARTMENT OF PLANNING AND ENVIRONMENTAL RESOURCES P. O. B,7X 190, HUNTING)-ON BEACH, CALIFORNIA 92648 (714) 536.5271 APPROXIMATE DEVELOPMENT COSTS/FEES CITY OF HUNTINGTON BEACH 1. Environmental Impact Report Approximate consultant fees $ 10,000.00 Approximate City administrative fees 490. 00 2. Use Permit Fee 75. 00 3. Drainage Fee ($600/ac. ) 21,000. 00 4. Hater Fee 30. 00/unit 5. Lewer Fee 60.00/unit 6. County Sanitation District Fee 250. 00/unit 7. Cultural Enrichment Fee (2/3of ree to be rebated upon issuance of building permit) .15/sq. ft. A. Street Improvement Fee (Calculated for unimproved frontage) 50.00/linear ft. 9. Parks and Recreation Fees Bachelor and efficiency 389.00/uni* 1 bedroon, 492.00/unit 2 bedroom 75900/unit 3 bedroom 1,056.00/unit 10. Building Permit and Plan Check Fee (based on 6 million dollar project) 22,000.00 Y 8 ds I l4 1NTEK4X.FIMYUWT C %jCATION b1 hf W(.TpN Ql IL" 7o STEVE KOHLER FMM WALTER V, eXMSOS ., HOUSING & Ct;MMUNITY DZVW4MNMn LIBRARY DTRE R . 1h:e(r THIN STREET LIBRARY Date April 7, 1978 f As requested, I have divided a remwts Tor Mir& Street it,rary into two paarts% "A", Lon of EXistira Building 3 1,1 "B" , Requirements for a NOW ' . ding. .AW A. Renovation of Existing fti]442 � 1 Paint interior and ext.arigr improve lighting throughout + New overstuff furniture a light control for the gallery wing Carpeting throughout j Repair of tiling in uncarpeted areas Tmprove ventilation in restrooras uemoval of asbestos ceiling j 1:enovation of furnace and heating system Altering room behind checkout desk to comfortable "living ir,om" atmosphere L)umbwa i ter Renovation of staff lounge and hall area leading to it 1,+iblic patio in back area nisplay space for Historical Society T! f is structurally sound and architecturally pleasing. It i > i,-neeal feeling that any attempts to replace it would be met wit ! Pit resistance. B. New Building Needs 1 . Space comparable to existing room (to hquse 50,000 volumes) 2 . Adequate lighting from a variety of sources 1 . Study seating for 25 to 30 a . lnvitinc, outside entrance Wall display space f Parking adjacent to entranceway Adequate staff working area 9 . Checkout area 9. Comfortable "living room ' area 10. Small office space 11 . Staff lounge 12 . Adequate space for Historical Society 13. Work display area for cultural activities Library Board Allied .Art® Historical Society Team REVISED MEMORANDUM II Floyd G. Belsito, City Administrator DATE: 1/30/79 ^F�r. Stephen V. Kohler , Senior Cormunity Develooment Specialist S E.:ECT: Proposals for Senior Housing / Old Civic Center Site "<_ vo may .now, the City of Huntington Beach has received 13 proposals from de.elope,s ' n response to our RFP for Senior Housing and Recreational Facili- ties on the Old Civic Center site. A list of these California developers is attached to this memorandum. We feel that the proposals were well thought e.,t , complete and, for the most part, realistic. We are fortunate to have -eceived proposals from a number of the leading California housing builders. lur staff , assisted by Urban Projects, Inc. (our development advisors) , has :a-e`I_I 'v reviewed each of the individual proposals and has evaluated each t-•e basis of a set of preestablished factors entitled ''Huntington Beach Ce:eloper Evaluaticn Criteria''. We have evaluated each of these proposals Lased Apo^: developer experience, design factors, financ al reasonability a C: ty benefits. A summary of our evaluation process of each of the 13 prc' )osa'S ; s made a part of this memorandum. It is our recommendation that the City Ccancil (or a Housing ComrrA tree, appointed by the Council) hear, a verbal presentation from a select number the developers who have made proposals. These presentations should, un- e deemed otherwise, be limited to about four firms. Based on our evalu- j- , we recommend that the following four firms be interviewed: Goldrich Kest & Associates The William Lyon Company Ring Brothers The Toman Company 1 -umber of the other firms could very well aevelop an acceptable senior .err housing project on the Old Civic Center site. In our evaluation cess we also felt that the proposals from Watt Industries and Mayer Gr.e-nment Housing had specific merit in certain areas. we -ecomnend that a single developer be selected as a result of the inter- . , ew process and that the City negotiate with that firm on an exclusive basis. List of Developers 1 . The Hall Partners/Warmington Development Company Calmark Properties, Inc. 3. Tht Klt-in Groun, et al . 4. Goldrich, Kest & Associates 5. '.he William Lyon Company b. Mayer Government Housing, Inc. ;. National Housing Consultants, Inc. #1 8. National Housing Consultants, Inc. #2 9. The R. H. Klein Company 10. Ring Brothers Corporation 11 . Sh�peli Government Housing, Inc. 12. The Toman Company 13. Watt Industries, Inc. i SENIOR. CITIZEN HOUSING Number 1 OLD CIVIC CENTER SITE I .D. Hall HUNTINGTON BEACH, CALiFORNIA 1/25/79 C;7 CE'✓ELOPER The Hall Partners / Warmington Development Company ,:SING CHARACTERISTICS B , Iding Type 3-story, elevatored/Modern design Rental Range Dwelling Units Number Sec. 11 8" (Per Mo.) All 150 75 $306-450 Studio U One Bedroom 105 $306-340 Twe Bedroom 45 $364-450 DEVELOPER QUALIFICATIONS Limited experience in muiti• family subsidized housing (Hall - commercial ; Warminetor: - single-family resi- dential) . Below average financial resources. �'ESIGN FACTORS Overall Plan Relatively good - set-backs and linkages good; park:.)g all surface and exposed; 120 spates meet project requirements. Housine For Elderly Average - unit size and layout acceptable - narrow in- terior courtyards , amenity package li-cited. Se-ic- Citizens Center Average - structure not well defined; well integrated into existing library. = 1N0.NCI FEV IBiLITY c-olect Cost Average - Limitcd cost breakdown provided, however, a cost of $4.4 million or $29,600 appears to be reasonable for the proposed project. O;,era: ional Revenue Fair - projected rental rates 20% to 25% over current and Expense M.B. market; operating costs and reserve for replacement low by industry standards and questionable Proposed Financing Acceptable conventional (10-3/4%, 30-year) CITY OBJECTIVES Average - provides adequate number of Section "8" housing. SUMMARY Financially questionable proposal by inexperienced developers in the area of subsidized, multi-tenant housing. SENIOR CITIZEN HOUSING Number 2 OLD CIVIC CENTER S;TE I.D. Ca;mark HUNTINGTON BEACH, CALIFORNIA 1/25/79 T CF DEVELOPER Calmark Properties, Inc. CHARACTERISTICS Bpi lcing Type 2-story, non-elevatcr/Mediterranean Sryle Rental Range Dwelling Units Number Sec. "8" !Per Mo.) All 148 148 $235-�_ Studio p- _ - One Bedroom 124 $235 Iwo Bedroom 24 $250 DEVELOPER QUALIFICATIONS Average to good -developed and managed over 12,000 multi- family units in So. Cal. (3 senior citizen projects) ; net worth of $4.8 million fairly low. DESIGN FACTOR; Overal I Pla." Fair - high building coverage on housing land area; rrass of open parking farl'og Six'h St. ; acceptable linkage. Hous'ng For Elderly Fair - units 15% to 20% too small ; Spartan plan as to exterior facia~ and amenity package; security poor; no consideratidn for handicapped needs. Senior Citizens Center Fair - elcngated building with limited explanation of interior layout plan. , NGN,; AL EASIBILITY -o_e,t Ccst Average- $2.7 million or 918,000 per unit lowest of proposals but is for a truly low cost project. ,cerational Revenue Average- rents on the tow end of the scale with a and Expense correspondingly limited expense allowance. Proposed Financing Acceptable- as to cv..v ntionai financing (104%, 30- year). CITY OB;ECTIVES Average to Fair provides "affordable" housing for elderly but in a very spartanic environment. SUMMARY Experienced but undercapitalized developer proposing to build a "typical" garden apartment complex. I E� SENIOR CITIZEN HOUSING Number OLD CIVIC CENTER SITE I .D. Klein/Turner HUNTINGTON BEACH, CALIFORNIA 1/25/75 NA. '.= OF DEVELOPER The Klei:-i Group, et al. HOUSING CHARACTERISTICS Building Type 3-story, elevatored/Colonial design Rental Range [`welling Units Number Sec. 11 8" (Per Mo.) All 156 _ 0 $400-480 Studio 0 One Bedroom 120 $400 Two Bedroom 36 $480 DEVELOPER QUALIFICATIONS Klein has experience in subsidized housing development; however, a Newly formed firm in a new joint venture with limited capital resources. DESIGN FACTORS Overall Plan Average/good - good linkage landscaping and building sighting plan. Housing For Elderly Good -spacious rooms, well laid out with and extensive amenity package. Massive building with heavy site coverage, abundance of covered parking. Senior Citizens Center Average -well located on site; limited description of interior layout. I FINANCIAL FEASIBILITY Project Cost Fair- $6.3 million or $40,000 per unit is 20% to 30% more than thp* which is reasonable for the envisioned senior citizens project. Operational Revenue Poor - high construction costs and heavy amenity package and Expense has forced a rental program which is not in conformance to Section "8" standards and 20% above the existing H.B. convenri2nal housing market. Proposed Financing Fair = a CHFA loan the size requested is unlikely; municipal bonds are out. CITY OBJECTIVES Fair - pricing,structure is out of reach of proposed users. SUMMARY Developer has presented a proposal which is question able for Senior Citizen Housing. It is basically over- designed for the market intended. SENIOR CITIZEN HOUSING Number 4 OLD CIVIC CENTER SITE I .D. Goldrich/Kest HUNTINGTON BEACH, CALIFORNIA 1/25/7, �= 3F �EV�LDPER Goldrich, Kest 6 Associates �.iSIN� CHARACTERISTICS -,y Type 3-story, elevatored/Modern design Rental Range Dwelling Units Number Sec. 118" (Per Mo.) All 135 N/A $290_364 _ Studio 0 One Bedroom 125 $290 Two Bedroom 10 $364 CEIELCPER QUALIFICATIONS Very good- firm specializes in multi-family housing (emphasis on subsidized programs). Developed and managed over 12,000 units with net worth of $35 million. DESIGN FACTORS C,erali Plan Average- acceptable linkage and building positioning. Setbacks from streets at a minimum. c,:s; nc Por Elderly Average/good -'interior layout and size acceptable; 51 underground parking -oaces , security good; lighting and ventilation adequate; ltd. retail space. Se^;or Citizens Center Good - 13,000 square feet; two-story elevatored; ade- quate parking. N F G -EASIBiLITY ect Ccst Good -total of $4. 8 million or $32,000 per unit which is financeable and an adequate allocation. C:)e-ational Revenue Average - rental rates achieveable in market; however, anc Expense expense allocation (about 28% of gross income) is low (not ite:,lized). Proposed Financing Acceptable - CHFA 71%, 30-years. CITY OBJECTIVES Average- meets the housing requirements of the Senior Citizens with an acceptable plan. SUMMARY Highly experienced developer in government-related housing programs with a workable but stock plan. SENIOR CITIZEN HOUSING Number OLD CIVIC CENTER SITE L.D. Lyons HUNTINGTON BEACH, CALIFORNIA 1/2$/79 ti4-E yr 'DEVELOPER The William Lyon Company HC,;SING CHARACTERISTICS Building Type 3-story, elevatored/Modern design Rental Range Dwelling Units Number Sec. "8" (Per Mo.) All 155_ 1 55 S235-31Z Studio 10 $235 One Bedroom 137 $285 Two Bedroom 8 $332 DEVELOPER QUALIFICATIONS Goad -major regional home builder with limited ex- perience in governmental housing programs; supported by very good consultant team. nESIGN FACTORS Overall Plan Very good -- strong orientation and linkage with an inno- vative use of the land. mousing For Elderly Excellent - good mix of units with well designed dwellings, amenity package, gold security and parking (underground). Includes 4,000 square feet of rt-tail space. Senior Cit' zens Center G-jd- 2-story layout with good amenity pact=age; parking 25 spaces below City requirement. i �ItiAN� tA4 FEASIBILITY i F-c ect 'cst Good - total of $4.8 million or $31 ,000 per unit. May be as much as 15% low, based on extensive amenity package. Operational Revenue (,00d - rents are certainly achievable in existing market; and Expense allowance for expenses at 28% of gross income should be increased by about 15%. Proposed Financing Acceptable - CHFA 71%, 40-year CITY OBJE-TIVES Very good - this is a creative proposal ; appears to meet the housing criteria as well as providea strong, physical complex. SUMMARY A workable plan by a developer strong in finances and in experience. SENIOR CITIZEN HOUSING Number 6 OLD CIVIC CENTER SITE I .D. Mayer HUNTINGTON BEACH, CALIFfRNIA 1 /25/79 E.OPEP. Mayer Government Housing Inc. rCjSINC rHARACTERISTICS B,11 ding Type 3-story, elevatored/Span sh design Rental Range Dwel ' ing Units Number Sec. "8" (Per Mo.) All 184 111 $280-336 S:udic Or�e Bedroom 166 $280 Two Bedroom 18 $336 DEVELOPER QUA'_IFICATIONS Very good- largest housing developer in So. Cal . (spe- ciali.�es in multi-family) ; strong financial capacity (no statement provided). Ltd. govt. programs experience. CSSIu�+ FACTORS ve all Plan Fair/average- fair site coverage and linkage with little landscaping proposed. r.cusing For Elderly Fair- small units which are not well laid out; limited amenity package. Elevators poorly spaced Ser"o- Cit"zers Center Fair- little outside lighting. NAN71 .,_ FEASIBILITY Prrc_ezt Ccst Average- $3.9 million or $19,000 per unit; appears to be 15 to 20% low; developer claims that he is not tak- ing any profit on coistrustion. Cae-atlonal Revenue Average - rental range most acceptable; expenses some- an�j Expense what low. Proposed Financing Acceptable- finance construction from commercial loan with conventional take-out at later time CITY OBJECTIVES Average- meets housing demands but project lacks de- sign interest or linkage. SU'AMARY Excellent developer (who has successfully built projects with a low profitmargin) with a minimum plan for the subject site. SENIOR CITIZEN HOUSING Number 7 OLD CIVIC CENTER SITE I .O. National nl HUNTINGTON BEACH, CALIFORNIA 1/25/79 i NAF'E CF DEVELOPER National Housing Consultants, Inc. HOUSING CHARACTERISTICS Bu' lding Type 9-story, elevatored/Modern design I Rental Range Dwelling Units Number Sec. "8" (Per Mo.) i All 208 N/A $312-370 I Studio �0— One Bedroom 196 $312 Two Bedroom 12 $370 DEvELO?ER QUALIFICATIONS Fair - limited development of housing; do have a 200- unit high-rise Senior Citizens project it Santa Ana. Limited financial strength. DESIGN FACTORS Average - high-rise residential building, abutting ad- '�eral ! Plan joining single-family neighborhood on Sixth Street, linkage circulation anc' landscaping acceptable. Housing Fo• Elderly Fair - site density is high, unit size and design pass- able; good amenity package. Serio- Citizens Center Fair - layout good but has less than 50% of the off- street parking requested by the City. "1NANCIAL FEASIBILITY i -cJec: Cost Fair/Poor - $4.6 rniliion or $31 ,000 per unit; question- ably low for a high-rise building. Cperat :onal Revenue Average/Fair - revenues appear to be achievable; how- and Expense ever, a high (9-9}%) management fee indicated and a low reserve for replacement. Proposed Financing Conventional financing of 91, 30-years generally not available in present market. CITY OB.,ECTIVES Fair - this proposal does not appear to meet apparent City objectives for the project. SUMMARY Somewhat inexperienced developer with a proposed complex high-rise building. Pill SENIOR CITIZEN HOUSING Number 8 OLD CIVIC CENTER SITE I .D.National/n2 HUNTINGTON BEACh, CALIFORNIA 11/25/719 , E' National Housing Ccnsultants, Inc. CHARAC`ERISTICS d:n5 Type Combination of 6-story and 3-story buildings Rental Range Dwe� Iina Units Number Sec. "8" (Per Mo. ) Ali 205 N/A $312 - 37O Studio One Bedroom 201 $312 Two Bedroom 8 $370 iEVELCPER QUALIFICATIONS Same as Proposal No. 7 ES !,P, FACTORS C,e-a' I Plan Same as Proposal No. 7 Hosing ro- Elderly Se , zees Center tiAti: _ "EAS ,E LI'v Pc C=s, Same as Proposal No. 7 :. e, at ,ona ! Revenue an-, Expen5e Proposed Financing CITY OBJECTIVES SUMMARY Same as Proposal No. 7 SENIOR CITIZEN HOUSING Number 9 OLD CIVIC CENTEit SITE I .D. Klein Co. HUNTINGTON BEACH, CALIFORNIA 1/25/79 I I j a _ CE'VELOPER The R. H. Klein Company S KC C!ARAC7E;1STICS I - c;ng Type 5-story, elevatored/Modern design ' Rental Range we' ing Units Number Sec. "8" (Per No.) All 159 0 $409 Studio 0 C-.e Bedroom. 159 $409 -.ec Bedroom 0 C,EVELCPER QUALIFICATIONS Average/Fair- developer has consulted and undertaken sub- sidized housing programs; managed 4,500 units; financial capacity unknown. LESION cACTORS Average/Fair- buidling mass on west side of site, large .ve ai ? °lar open parking area on SiXLh St. , linkage acceptable, cir- culation average. He-sinc For Elderly Fair -all unit, one bedroon, no mix, poor unit design and interior layout. Se^lc- Citizens Center Average/Fair- renovation of fire station, interior f space limitations, inadequate parking. E �: •c ec- Ccst Fair - total of $6.1 million or $38,000 per unit. Goe-at :or,ai Revenue Poor - rental rates substantially above criteria for arc Expense Section "8'', as well as the existing H.B. market. Prcposed Financing CITY OBJECTIVES Fair - doesnot meet housing requirements. SuKMARY Rental rates, unit mix and design generally not in conformance with project objectives and/or market conditions. i SENIOR CITIZEN HOUSING Number 10 _ OLD CIVIC CENTER SITE I.D. Ring HUNTINGTON BEACH, CALIFORNIA 1/25/79 "E CF uE'vELOPER Ring Brothers Corporation S C, iAPACTERISTICS Eu; iainq Type 3-story, elevatored/ New England design Rental Range Dweiiinq Units Number Sec. "8" (Per Mo. ) All 179 N Ay $283-343 Studio 0 Cne Bedroom 91 $283 Two Bedroom 86 $343 CE'vELOPER QUALIFICATIONS Very good -multi-family housing specialist, 6,000 apts. and 1 ,000 condos built and managed, good financial state- ment; wholly owned Subsidy of Monogram Ind. , limited exp. CESiOti FACTORS in subsidized housing. 2ve-a: I Plan Very good - excellent site plan linkage and compatibility to surrounding area. housing, For Elderly Good -creative building design with good interior and exterior amenity package; parking open and away from units; unit size acceptable; 3,200 sq.ft. of retail . Sen;c- „ _ zens Center Very good - attractive, well laid out, with good tie with the library. = 1ti h _ -EASIBILITY . ect Cost Averpoe - total of $5.5 million or $30,000 per unit; more detailed information needed as this cost may be low based on proposed amenity package. CGeratc,r.al Revenue Average/good - rentals are most likely low based on market arc Expense (may have too high a percentage of 2-bedroom units). Costs should be increased. Fro.osed Financing Acceptable - 9-3/4%, 30-ye3rs (int. rate may be slightly low OBJECTIVES Good- meeting the housing requirements with an attract- ive and creative project. SUMMARY A good proposal from a well known Southern California developer. '4, ' u^its will most probably qualify for Section "811. i - SENIOR CITIZEN HOUSING Number 11 OLD CiV,C CENTER SITE I .D. Shapell HUNTINGTON BEACH, CALIFORNIA 1/25/79 Shapell Government Housing, Inc. ISTICS B ''c' nc `ype 3-story, elevatored/California Modern design Rental Range ino Units Number Sec. 118" (Per Mo.) All 136 $316-366 Studic �0+ Ore Bedroom 130 $316 `wc Bedroom 6 $366 CE'vEL DER ")UALIFICATIONS Good - Shapell Industries (parent company) large Southern California housing developer; technically and fiscally strong; govt. housing suusidiary, has had good track record. C eraiI P' an Average- linkage fair due to open parking in middle of project. -Ls -_ *or E1oer}v Fair - unit layout 'fair, room size acceptable; elevators not well positioned; parking location and availability fair, limited amenity package. 'e- cr Cjt ,zens Center Average - -story bland exterior design with an average interior layout. "EASIBILITY �- c_ ect _:cst Average/Good - total of $3.7 million or 527,000 per unit; reasonable for proposed project. ce-at c�a� Revenue Fair - rents wi11 generally meet Section "8" requirements, jr Exper,se however, operating costs of 24% of gross income very low. a Dosec Financing Acceptable- however, a HUD221 (d)4 Fas a long processing time. I IT 6JECTIVES Average- housing requirements are met with an unimagin- ative project. SumKdRY Experienced developer with a limited proposal. SENIOR CITIZEN HOUSING Number 12 OLD CIVIC CENTER SITE I .D. Toman HUNTINGTON BEACH, CALIFORNIA 1/25/79 NAME OF DEVELOPER The Toman Company HOUSING CHARACTERISTICS Building Type 2- and 3-story, elevatored/5pa. *sh design kental Range Dwelling Units Number Sec. '18'' (Per Mo.) All 184 100 $250-378 Studio —.75— — 250-300 One Bedroom 129 $283.310 Two Bedroom 30 $335-378Y DEVELOPER QUALIFICATIONS Good - experienced housing developer with limited ex- perience in multi-family subidized projects; venture with Genstar with a very strong financial statement. DESIGN FACTORS Overall Plan Average - heavy amount of open parking in middle; good linkage and compatibility to surrounding neighborhood. Housing For Elderly Good - good unit size and design, security good and elevator location acceptable. Senior Citizens Center Average - exterior design acceptable, interior layout is good. FINANCIAL FEASIBILITY Project Cost Averaqe - total of 54.8 million or $26,400 per unit. Could be about 10% low for proposed plan. Operational Revenue Average/Good - rental schedule acceptable; -acancy rate and Expense may be low; financially feasible. Proposed Financin^ Acceptable - conventional financing at 9.78%, 29-years. CITY OBJECTIVES Good - provides housing as required in acceptable project. SUMMARY Small , but experienced ho%;Fing developer with strong financial backing. SENIOR CITIZEN HOUSING Number 3____ 3LD CIVIC CENTER SITE I .D. _Watt HUNTINGTON BEACH, CALIFORNIA 1/25/79 NAP'_ OF DEVELOPER Watt industries , Inc. HOUSING CHARACTERISTICS Building Type 3-story, elevatore.d/Spanish Design Rental Range Dwelling Units Number Sec. "8" (Per Mo.) All 148 73 $307-400 Studio ____7J" One Bedroom 133 $307-325 Two Bedroom 15 $364-400 DEVELOPER QUALIFICATIONS Very good - major southern California company (over 25,000 units constructed) with strong financial position. DESIGN FACTORS Overall Plan Average - stock plan with all surface parking, fair linkage wand circulation. Housing For Elderly Average -one bedrooms small with limited dining area; distance to elevators from parking; amenity package light. Senior Citizens Center Fair - not describe:l �n detail . FINANCIAL FEASIBILITY Project Cost Good- $4. 3 million total or $29,000 per unit. Operational Revenue and Fair/Average - rental rates 10-15% over estimated Expense market for units proposed; expense projection acceptable. Proposed Financing Acceptable- CHFA 71%, 40-year. CITY OBJECTIVES Average- will probably meet housing requirements but project design is not strong. fur+MARY A proven developer with financial strength but with a limited proposal. e MEMORANDUM TO: Steve Kohler, City of Huntington Beach DATE: March 7, 1970, FROM: Tim Snow, Urban Projects, Inc. > SUBJECT: Senior Housing Proposals/Old Civic Center Site In anticipation of next Tuesday's joint Planning/Redevelopment Commission meeting, I have the following comments and pose the following questions regarding the financial aspects of the four developer proposals: e Goldrich Kest (135 Units -- SB99 financing) 1. Can they "pencil the deal out" with as few as 135 rental units and with any financing other than SB997 2. Proposed use of S899 -- after a number of phone conversations with Andy Hall (Bond Counsel for Loeb, Rhodes & Hornblower) , the follow- ing are perceived to be areas of possible problems: - Outside bounderies of redevelopment project area: Sec. 33751.5 of Health and Safety Code indicates "construction and rehabili- tation of residences for occupancy by persons of low-income as defined in Sec. 50093 is properly included within redevelopment Tans whether or not such construction or rehabilitation is to occur within a redevelopment project arr_a whether or not such construction or "-ehabilitation is to occur within a redevelop- ment project area.--" They can nullify for SB Bond Financing while not being in a project area but by being in the "territorial jurisdiction" of the Agency (cotermi nous wi th the corporate bound- aries) . However, we have not found any evidence of low-income housing being included in the redevelopment plan of the Golden West P^development Praject and therefore question qualification on this basis (needs a legal interpretation) . - Possible Referendum: Sec. 33760 of the H & S Code indicates for housing outside a redevelopment project area that "residential construction of residences in which the dwelling units are com- mitted for the period during which the loan is outstanding, for occupancy by persons of families who are eligible for financial assistance specifically provided by governmental agency for the tenefit of occupants of the residence."" "Eligibly for financial assistance" has generally been interpreted by the legal community I to mean 100 percent subsidized. If this is true, then a refer- endum on the Old Civic Center project would be necessary as Huntington Beach does not now have any voter approvals under the i Article 34 Referendum Authority. The subsidy issue, as related Memorandum Page Two to SB99, could be answered shortly in Brea, where the Agency is attempting to go to the bond market with a 25 percent sub- sidized housing project located outside of a redevelopment project area (needs legal interpretation) . o Lyor/Housing Concepts, et al . (156 Units -- CHFA Financing) t . Use of CHFA financing (permanent loan of 7 1/2 percent, 40-years). - Further indicate that monies for elderly housing are now avail- able and that a project in Huntington Beach will qualify. - That Section 8 New Construction Certificates can be obtained for 49 percent of the contemplated units. - Can they get a 40-year loan? - Timing of this entire processing? 2. Copy of opinion letter from counsel for California HCD that a refer- endum under Article 34 will not be necessary for a 100 percent sub- sidy program using the following proposed "tandem" program. - 51 percent of the units under the Section 8 existing housing certification program as administered by the Orange County Hous- ing Authority. - 49 percent of the units under the Section 8 new housing program. 3. If they use CHFA financing, "all rents must be uniform throughout the complex for similar type units." If they use the "tandem" program, then the maximum chargeable rents under the existing unit Section 8 program will be lower than that for new construction. Lyon will then have committed themselves to a schedule of: Efficiency - $235/month; 1-bedroom - $285/month; 2-bedroom - $332/month. 4. On he basis of their proposal , their estimated project costs and re- turns are: Project Costs: $4,833,338 -- 030,982 per unit for 156 rental emits or $38.13 .)er square foot of gross floor area) Financing: Debt $4,350,0011 Equity 483,334 Total $4,833,338 i Memo ran aum Page Three Returns: On Project Costs 3 percent On Equity percent 5. What if inflation causes high project costs and developer has fixed rent schedule; how will developer deal with aspects of a fair return? Will they cut back amenity package, reduce operating and maintenance costs, take a lower return, or all of these courses of action? As an example: 10 percent increase in costs ($5.3 million) provides 7.5 percent return on costs. 15 percent increase in costs ($5.6 million) provides 7.2 percent return on costs. 0 Ring Brothers (179 Units -- Conventional Financing) 1 . Rental rates and unit mix - Can they move 86 2-bedroom units in a senior citizens project? Historically, senior citizens seem to favor 1-bedroom units. - Rental projections for non-subsidized units (especially 2-bedrooms) appear to be above the present rental rates for existing non-subsi- dized Huntington Beach apartment units, i .e. : Projected Ring Non-Subsidized Percent over Rents (per mo.) Market Average Market Average 1-Bedroom $320 $310 3 percent 2-H_droom $456 $375 22 percent I 2 . How will Ring achieve these rental rates and still provide acceptable housing for senior citizens (at an affordable rental rate)? Are they willing to some type of agreed upon upper-end lid (on a formula basis) governing non-subsidized units? 3. In operating proforma, an annual tax figure of $105,727 is indicated. What is included in this figure (RE tax income tax, other)? 4. Can Ring Brothers still make a reasonable profit on this project if costs increase (say 10 percent to 15 percent) because of inflation- ary factors? Can they still provide the same amenity package as pro- posed if costs come in higher than projected? i Memorardum Page Four a Torlan ( 185 snits -- Conventional Financing) 1 . A total of 100 of the 184 units (54.3 percent) is proposed to be subsidized. It may be that the project, as presently structured, would be subject to an Article 34 Referendum Approval by the Hunting- ton Beach voters (if free land is interpreted to constitute a form of public finance) . Needs a legal opinion. Does the developer have a comment? �. Would the Toman company wait to place its permanent loan after com- mencement of construction or even after project is completed7 if so, how would this speed up the time it takes to comple,e the project? What if permanent rates go up in the future and not down? 3. Can Toman still make a reasonable profit on this project if costs increase (say 10 to 1.5 percent) because of inflationary factors? ".an they still provide the same amenity package as proposed if costs came in higher than projected? t 393 1.76 d%I 2120 501 SANTA MONICA BOULEVARD SEVENTH FLOOR SANTA MONICA.CALIFORNIA 90401 I CORPORNTION A SUBSIDIAR OF MONOGRAM iNDUSTRIFS INC I i i tr hcn Kohler ;.10r Community Development Specialist I of Huntington Beach }sot 190 !iu :t ingten Beach, Ca 42648 i,. irig isrothers Corporation: Senior Citizen Housing Proposal �C(`V'c : ! c! ruar-y when we presented a proposal for senior citi- cr; housing; to the joint meeting of the planning and Redevel- �•ic`.Unt Commission, certain questions were directed to myself ar:J our staff in regard to a specific construction cost break- and statement of operating expenses. Pursuant to these luc�,tions and a brief uiscussion with Mr. Snow of Urban Pro- 'c. t < , ,,ttached hereto, please find some supplementary figures whi F. will hopefully clarify any questions. The total numbers t the original proposal have not changed; we have only given 1 710'e detailed breakdown of our major cost categories for your lsrllthers Corporation has a great deal of experience with rF � ti.-Pe if construction proposed here. We are confiden': of rl:r i Projections and strongly support the project and the c t`IOATllt breakdown as submitted. I believe we have put a groat thouli;t and study into thes.:`:iolol;ical .Ispccts cTt' tlt"is tvpc i housing as well as the necessary input and experience to kic,,tc the physical facility. • intct-ci,ii, looking forward to the opportunity of working it t lic City Council Commission and Staff t'a create an excep- t ,on.11 }iousing project that will be mutually beneficial to the a :ur itizen community, the City of Huntington Beach and King !�-.)thcrs Corporation. it" �"ou re,9.zre any additional information or clarification, we w(-1,i d bc;,,more -),an happy to provide you with additional data. Inch y �,lV is pson k !«` President , 1'lanninl; PkG-FORMA OPERATING STATEMENT HUNTINGTON BEACH c:NI F: CITIZEN HOUSING PROPOSAL MONTHLY ANNUAL :r T 4 $283.00/month ,; 12,735 4C, $320.00/month 14,720 r 1 + �341.00/month 14,749 1 ' $4`•t;.00/month 19,601+ 61,812 cr k -rental Incoi.e $ 60,576 I ni•_�me 2,000 ;�t �: Income $ 62,576 $ 750,912 A:_�cjnntinn $ 2,000 Advertisinq 500 300 "lear.iny 8,000 ,ar leninq 5,000 Man.igement Fee 37,500 ,sirarc« 10,000 i,eq a 1 500 _ffice SupFlies and Miscellaneous 1,200 F.epair, Maintenance and Reserves 28,950 Salar 58,000 .elephone 11800 ;Itu..ties and Rubbish 12,000 Total Operating Expenses $ 16c 750 ,peratinq Income $ 585,162 1 i =_n;ial Ex ense and Amortization Amortization and Interest $(396,935) Taxes (105,727) Return on Equity $ 82,500 1)NSTRUCTION COST BREAKDOWN HUNTINGTON BEACH SENIOR CITIZEN HOUSING PROPOSAL A C DESCRIPTION A14OUNT OFFSITE 1 Barricades $ 1,000 Curbs, Gutters, Sidewalks 40,000 Electrical, Underground 10,000 1.4 Gas, Natural 10,000 1-7 -lra:iinq 10,000 : Parkway Trees/ Landscaping 5,000 145 Paving, Street Improvements 40,000 . '4 Sewer 5,000 1; ,term Drain 10,000 Street Lighting 5,000 1 ,s Street Signs 1,000 Telephone, TV Cable 3,500 Water 4,500 Total Offsitr $ 145,000 ONSITE 203 Air Conditioning/ Heating 150,721, 206 Aluminum windows/ Patio Doors 42,708 2U8 Appliances 122,365 221 Cabinets 96,094 223 Carpentry, Finish 109,254 224 Carpentry, Rough 246,318 22; Cleanup 39,728 231 Concrete, Flatwork 33,124 232 Concrete, Foundations 90,000 234 Concrete, Lightweight 19,268 243 Drapes, Interior Window Cover 23,092 245 Drywall 228,440 248 Electrical wiring 288,033 249 Electrical Fixtures 10,925 251 Elevators 70,000 254 Fiberglass, Tub/Shower 26,876 256 Fire Equipment 17,579 260 Flooring, Carpets 81,340 261 Flooring, Decking 40,672 ,%ant .i,gt, n Beach Senior Citizens Housing Proposal Page Two _cn:,tcuctron Cost Breakdown A_ :' DESCRIPTION AMOUNT ONSITE (Cont'd) Flooring, Resilient $ 16,313 -t; Formica/ Plastic Laminate 21,850 Fu_niture, Common ,Area 10,000 ?6 ,radinq 13,000 :cis Hardware, Finish 14,203 ::dy Insulation 39,400 Intercom 20,995 _194 Iron, Ornamental 26,171 `:7 Landscape 81,791 :198 Labor 38,735 Lumber, Rough 272,072 '35 Luminous Ceilings 3,103 3C- Marbelene, Pullman Tops 14,675 31% Masonry 11,869 3-- Mirrors 6,400 Miscellaneous/Contingency 30,670 Onsite Drains 17,381 onsite Electrical/ Land. Lights 5,960 3 , Onsite Gas 80,878 Patios includiny Fences 16, 3U'3 336 Paving 4 ,340 343 Plumbing 31H,267 154 Repairs/ Replacement 2,500 355 Roofing 45,400 36-- Sheet Metal 20,360 378 Stucco 141,533 391 Tub/Shower Enclosures 12,017 395 Waterproofing 6,208 396 weatherstripping 5,810 Total Onsite $ 3,072,826 DIRECT CONSTRUCTION MISCELLANEOUS 405 Blueprints 9,760 408 Bonds 2,444 410 Architects, Engineers 156,384 412 Construction Office 2,932 419 Fencing, Security 1,955 420 Guards 17,593 422 Inspection/Test Fees 2,944 427 ?ermits and Fees 97,740 , a huntington beach plaming department staff report Planning and Redevelopment Commissions :..M: Planning Department March 9, 1979 FURTHER CONSIDERATION OF SENIOR HOUSING AND RECREATION FACILITIES AT OLD CIVIC CENTER SITE. JOINT SESSION - MARCH 13, 1979 tt :;.cd for the Commissions' review is expanded summary for each .F the -our proposals submitted for consideration. This suma-nry includes : rief staff narrative as well as additional tatistical information r, aardinq each proposal. In addition, the display materials prepared the proponents will b­� available for review until just prior to the :-;e(--t i ng of March 13, 1970. intention of the meeting on March 13 is to provide the Commissions I th the opportunity to fully question each proponent. The proporents �.e been advised of the meeting and requested to have the respective rr.;cct team members available for questioning. Mr. Robert Snow of r1).3n Pro3ects, Inc. will also attend this meeting. The proponents will t,� invited into the Council Chamber one at a time and will remain until Commissions ' questioning is complete. t the completion of the questioning, it will be necessary to formulate Commissions' recommendations to the City Council. It is suggested pit the Commissions recommend the two proponents in which the Commissions the greatest confidence to the City Council for consideration, and ; 3t th,,s(, two proponents not be assigned a ranking. This will provide ;nri1 with the guidance requested of the Commissions, will provide Colin it with the opportunity to assess the two most appropriate pro-and will provide an immediate alternate should the Council- i t,,t(,d ,i-ve leper not perform as required. th- Commissioners have any questions regarding the proposals or r rlure for ', he March 13, 1979 meeting, they may contact Mssrs. hn �'. h ,hlrr or Patrick Tessier at 536-5541. "T7EN HOUSIM 3 CETlM SITE HUM a'" BEACH, CALIFORNIA NLMER 4 I.D. GOUIRICH/KEST 1/25/79 WvE OF DEVELOPER GOLDRICH, IMST & ASSOCIATES �C1S Pr, CHARACTERISTICS Buildina -,,,pe 3-story, elevatored/modern design Rental Range �Wel l inQ uri is Number Sec. "8" (per M.) All 135 N/A $290 - $364 c tLd.i o � One Ldrocrn 125 $290 T�o Bedrocen 10 $364 Unit Size 1 bd/1 bath (A) 550 sq. ft. 1 bd/l bath (B) 550 sq. ft. 2 bd/1 bath (C) 712 sq. ft. Private Outdoor 1 bd (A) 50 sq. ft. + planter box 1 bd (B) 66 sq. ft. + planter box 2 bd (C) 60 sq. ft. + planter box Apartment Amenities -Limited dining area -Plan B - small kitchen and service bar -Limited window/glass area Ccmmon Amenities -(2) Main lobby areas a) 750 sq. ft. b) 1000 sq. ft. -Cane room 336 sq. ft. - Tv roan 336 sq. ft. -Arts and crafts room 160 sq. ft. - Meeting Roan 1680 sq. ft. 7btal Approximately -A kitchen - office (manager) - (2) laundry room per 4260 sq. ft. floor - interior halls have large glass areas CYxmr-rcial 2600 sq. ft. ;Vt T DPFR QRAIIFICATIOW Very grad firm specializes in multi-family housing (emphasis on subsidized programs) . Developed and managed over 12,000 hits with net wnrth of $35 million r C:S I c N FW UtS er verall plan Average-acceptable linkage and building positioning. Set-backs from streets at a minimun. 1u�1s1nn for Elderly Average/good-interior layout and size acceptable; 51 underground parkin, spaces, security good; lighting and ventalation adequate; ltd. retail spaces. i 1 rich rest F acle A nior Citizen enter Good-13,000 square feet; two-story elevatored; adequate parking. F':"d h'L',I_ F'F-kgIBILrIY ;'r:;ect Cost Good-total of $4.8 million or $32,000 per unit 'which is financeable and an adequate allocation. 'I rational Revenue Average-rental rates achieveable in market; however, ,ino K`q)ense expense allocation (about 28% of gross income) is law (not itemized) . Pronosed Financing Questionable SB 99; tax exeTpt ' 9a ECTTVES Average-meets the housing requirements of the Senior Citizens with an acceptable plan. WARY Highly experienced developer in government-related housing programs with a workable but stock plan. =tasf Narrative: Goldri ch/Kest proposal appears to have some start_cxni ngs. The SB 99 tax exempt financi.na mechanism has been investigated by LiPI and as been found to have � ic.,ni ficant problems. The management component of the Goldrid, -Kest firm is }unhly reputable and currently manages a great many Section 8 projects and the proposal is enhanced by the solid financial status of Go'drich-Kest. I`-,is pr-)posal, h3wever, proposes a relatively modest number of units. In addition, The integration of uses on the site is, perhaps, less than optimum. Of particular 1)!icern is the large area of open parking which divides the site and which may act 3:�; a barrier between the housing units and -the public facilities and which occupies 3 prrx-anent portion of the site. SENIOR CITIZEN HOUSING 01D CIVIC C V= SITE _ HUNIM O'10N BEAM, CALIFORNIA b7UMBER 5 I.D. LYONS 1/25/79 'AtTE OF I , IDPFR 71-M WILLIAM LYON COMPANY 'iC USN: C-HARACTERISTICS Ruildina 'Type 3-story, elevatored/nodern design Rental Range ;z e'1 inG Units Nsrber Sec. 118" (per Mo.) All 155 155 $232 - $332 Stuciio 10 $235 One 11ylrocm 37 $285 T40 Bedroom 6 $332 unit Size Studio/l bath 420 sq. ft. 1 bd/1 bath 537 sq. ft. 2 bd/l bath 718 sq. ft. ­utdoor PrivRte Spaces Studio 56 sq. ft. 1 bd ay. 75 sq. ft. 2 bd ay. 85 sq. ft. "- _rent Amenities -host units have kitchen and service bar -Lard window/glass areas -All units have dining area C'rxrx)n Amenities -Roof-top deck with ce.-itral laundry facility -All floors have central ley/lounge areas -Large common ocean vier terrace on end of each floor -Large lobby/lounge area, ccmTmity room with kitchen facility and arts and crafts area (approximately 4575 sq. ft.) ccrrvivi,31 4000 sq. ft. ;,,t" 1; 04 7\1 1t'ICATToNIS (-; od-major regional hone bui?der with limited experience in governmental housing programs; supported by very good consultant team. an11111 Plan Very good-strong orientation and ?7-,kage with an irmvative use of the land. tarlu_,�ino For Elderly Excellent-good mix of units with well designed dwellings, amenity packace, good security and parking (underground) -'r.i(IT t IZ('n CO.ntOr Cx)od-2-story layout with good amenity package; parking 25 spaces Belem City requirement. "-o lect Cost Good-total of $4.8 million or $31,000 per unit. i May be as much as 15% lour, based on extensive { amenity package. -)�t rational Revenue Good-rents are certainly achievable in existing market; in. c.v,-*-nse allowance for expenses at 28% of gross inccne should be increased by about 15%. F'inancinq Acceptable-GWA 7'- %, 40-year. Very rood-this is a creative proposal; appear> to meet the housing criteria as well as provide a strong,. physical ccmplex. ry '' A workable pLin by a developer strong in finances and in experiences. �. . 13rrat 1%'e: T"-i re 3PPears to be no problem with the irm-ediate or long-term financial feasi- + . ^; *rig prc)osal. Although the operational �'expenses specified in the ;u,:�nosal � somewhat ._ate, this should not jeapordize the implementation of tbf, pm7ec-t . v :.y n C(n pany has assembled a highly reputable and prestigous project team for this Vrp members of this project team spent a significant amount of time inter- —ew'inq senior citizen representatives, and City Staff and did in-depth research regarding desimi. 17inancinq, ani operation of the proposed facility. '!*e ':.z?n Crm;:any pro[xlsal tightly integrates the activities proposed for the sits and. an acceptable number of housing units without overburdening the site or the character of the surrounding neighborhood.. Som of the architectural Jetail of the proposal, however, may require scene adjustment. i SENIOR CITIZEN HOUSDK3 CLD CIVIC CENTER. SITE HL _NGi?N BEACH, CALIFORNIA NUMBER a 10 T.D. RING 1/25/79 'AMF OF DEVELOPER ;ZING BROT1,1ERS CORPORATION HCUSING CHARACTERISTICS Btuldinct ��pe 3-story, elevatored/New England design Rental Range Daellina Units Number Sec. 118" (Per Mo.) All 179 N/A* $283 - $343 Studio ¢ �r� Bedroan 91 ,283 I Two Bedroc n 86 $343 f! I *All units will most probably qualify for Section "8 Unit Size 1 hd/l bath 532 sq. ft. '- 2 bd/1 ba4-h 760 sq. ft. (Xit-door Private 1 bd 58 sq. ft. balcony 2 bd 58 sq. ft. balcony a., -t7Tent Amenities -Kitchen with pantry and, ser lice liar -No dining area -Each unit/walk-in storage a3ea -Ample glass areas Cc=-vn Am:nit.ies -Greenhou:;e (1100 sq. ft.) -Separate laundry building (600 sq. ft.) -Flower garden area -Vegatable garden. 'Thta1 = 1700 sq. ft. -Sunning court with Jacuzzi -interior laundry facilities -Lnterior corridors endirr7 on open courtyards t'cTaTx,r(-la1 3200 sq. ft. (VA1JFTC"TIt'NS Very good-multi-family housing specialist, 6,000 apartments and 1,000 condos built and. managed; good financial statement; wholly o%ned sub.,;idy of Monogram Ind.; limited experience in subsidized housing. -.era1_1 Plan Very good-excellent site plan linkage and compatibility r to surrounding area. lin-,iSina F`-r Elderly Good-creative building design with good interior and exterior amenity package; parking open and away from units; unit size acceptable; 3,200 sq. ft. of ret-Ll :nior :i t iznns Center Very good-attractive, well laid out, with good tie with library. I'NNV IAL FRA1.S IP I LITY I n1-01ec-t Cost Average-total of ,�",.5 million or $30,000 per unit; more I detailed information needed as this cost may be low ba- d on proposed amenity package. ,A-*,rational Revenue Average/good-rentals are most likely low based on market 'Ind E ase (may have too Pugh a percentage of 2-bedroom units) . Cbsts should be increased. �rotx>se� Financinq Acceptable-9-3/4%, 30-years (int. rate may be slightly low) . A goad proposal from a -,ell known Southern California developer d Gaff !narrative: F ,t�, with the other prcj�osals, the ivv)ediate and long-range financial viability of this tr Xz>al is good. of scxne concern is tha stated cost of the project, the projected r.nt!,, anti the interest rate for conventi.�n financing; all of which appear scnewhat ^Ix, Rinq Brothers proposal also makes intense use of the site (proposing the greatest ntr-d- r o hcusinq a:its) , and integrates the uses on the site in a manner that would "nrn,iraof, participation and cxxnnunication by its users. A—rite this intense rise of the site, the architectural treatment and landscaping proposed ix}, ? nil<o the pr ject crampatible with the surrounding neighborhood. SENIOR CITIZEN HOUSTNG, OLD CIVIC CENTER S I`I"I; IIUNTIMMN BRIV.'11, CALIFORNIA NUMBER 12 I.D. WriA,N 1/25/79 NAC F �)F DFVE,OPk R THE TOMAN COMPANY H(V(' I.W, C10,RRCTF.RISTICS ?3,n"dina Type 2- and 3-story elevatored/Spanish .esign Rental Rance D"vi l i na Units Number Sec. 11811 (per Nb., A11 184 100 $250 - $378 t xLio 25 250 - $ 00 One Bedroom I29 $283 - $310 'PAr-, Bedroom 30 $335 - $378 Unit Size Studio/1 bath. 470 sq. ft. 1 bd/l bath 620 sq. ft. 2 bd/1 bath 770 sq. ft. Private Outdoor Space studio 220 sq. ft. semi-public terrace/walk 1 bd 72 sq. ft. private balcony 2 bd 72 sq. ft. lining room balcony + 35 sq. ft. bedrocan balcony Apartment Amenities -All wv.ts/outside storage closet -A11 vudts/have dining area -All units/kitchen and service counter bar -Ample glass areas/all units Ccmon Amenities -common laundry room/2 per floor -Recreation room (1575 sq. ft.) Total approximately -Game room (625 sq. ft.) 2200 sq. ft. -2 managers offices 1<etai 1;'Ccxnrercia] None i)1-N,1FinPFR ntAL.IFICATIONS Good-Experienced haasing developer with limited experience in multi-family subidized projects; venture with Gesystar with a very strpnq financial statement. 1)! :WN FACII)tom \1.1.r►1 P 1.m Average-heavy amount of open parking in middle; good Iinkncie and compatibility to surrounding neighborhood. ousirlq ['or E13erly Good-good units size and design, security good and elevator location acceptable. ..enior Citizen. Center Average-exterior design acceptable, interior layout is gam• ^ro-,ec' .�st Average-total of $4.8 million or $26,400 per unit. Could be about 10% low for proposed plan. i{ 1 Revenue Average/Good-rental schedulr acceptable; vacancy rate may be low; financially rea ible. ^.ar,cinq Acceptable-conventional financing at 9.78%, 29 years. Good-provides housing as required in acceptable project. Snall, but experienced housing developer with strong financial backing toff -arrative: tin .e this proposal appears financially feasible, the stated project cost and the ,r ratio.,31 reserve may tr_ somewhat low. Of greater concern for the long-term viability of the project is that the developer intends to contract for management of the housing ,snit= and since no agent has yet been identified, there can be no evaluation of the .rediitials of the management agent at this time. i proposal relys heavily on open parking located between the housing and the public Facilities. While this is an acceptable approach it does not achieve the integration and intensit.• of uses seen in other proposals. Also, this is the only proposal that does not ui­lucie any cYxrrx rcial use on the site. While c umrcial use was not a mandatory portion the roquest for proposal, it would be of benefit to the site users and its inclusion tias becx)ry, significant in light of the oappetition for this project. i t � REQlJAT FOR CITY C©UNCIL ACTIO � by 1.u-,,s W. Palin Department Development Services ` Prt hare,] Fuly 3, 11979 Backup Material Attached X] Yes F-1 No AFPIZOVAL OF PARTICIPATION AGREEMENT WITH WM. LYON CO. , OLD I%'IC CENTER PROJECT City Administrator's Comments APPROVED BY CITY COUNCIL 1911 ^rave as rec,­nmended. yip CI — Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions: t. - SLY. t:.f• ,i Council ' s selection of the Wm. Lyon Company' s proposal s.:bi(_.-t site on April 2, 1979 , many steps toward the implementa- ;` facilities have been taken_ Predicated upon the Council's i-tron, the Wm. Lyon Company has acted in good faith during this r i poriod. The project has now reached a stage where it is ir and advisable to formalize the responsibilities of both the n cry;, in;• anti the City regarding the site to be leased for housing ti:rou ;h r,,oans olF the attached Participation Agreement. ordor the City Clerk to execute the attached Participation „i,t botween the City and the Wm. Lyon Company. for Proposal distributed to proponents of this project atr,1 th,� basic relationship between the selected developer and )f Iiiintiniton Beach. It both provided proponents with informa- t 1 ,)11 �).ir :ict ions the City would take to prepare the leasehold site f„r ntr,�, ti�n of housing units and mandated certain actions by the in;)rr :n return for the City's participation and financial commit- ..., n' . i in ic-ip ition Agreement addresses only the housing site and goes 11i, I?euu, •t for Proposals by addressing the specific conditions i­r- whi -!; the housing project will proceed. It provides assurances pirties that the other will perform upon its -esponsibilities -ini -){fern remedies in the event of non-performance. Through the OJ or0 3:78 1 I .�.If. 7l�C1 I' ireemei 2 of this a:areement, then, the City and :he developer fully talc int.,ntions at the outset of this project. attic1-,(,d summary provides an overview of the provisions of the most :m.;.ortant sections of the Participation Agreement. "I S ; r ;✓ai �f a Participation Agreement is necessary to continue with implementation of this project. . -,opartmont of Housing and Urban Development, Housing and Community 1c ,: nt Program: $40,000 currently budgeted for the principal cc-ts to the City of offsite improvements and site preparation. . «•,;. ` :i i• 5,uh^ti fled, Doi-ir}Tent of :)evelopment Services f Part i-ipation Agreement S z- mary j I SUMMARY Or PROPOSED PAR`CICIPATION AGREEMENT BETWEEN CITY AND THE WILLIAM LYON CO. T= NO. GENERAL REQUIREMENTS t' ior. 1 b Stipulate the term of lease at 55 years at oil 2 $1.00 per year and the framework for lease agreement to follow. Requires construction of housing to begin within 2 months of approval of mortgage financing. Reserves the City's right of access to the leased property for the full term of the lease. a. Requires housing to be in conformance with zoning (specific plan) . b. Development Services will review and approve construction drawings. Requires submission to the City of a landscape plan. e. Requires architect to certify plans to be in conformance with City requirements. f. Requires that changes in construction drawings be approved or disapproved by City within 15 days. h. Requires that the developer make progress reports on corstruction to the City. tior: �0 a-d. Require that developer submit plans to City in conformance with Schedule of Per- formance (see attached Exhibit C) . e. Requires developer to submit to City evi- dence of mortgage financing and construc- tion performance bond for City approval. f. Requires City to issue Certificate of Occupancy at completion of improvements, or provide developer with written state- ment of cause for non-issuance. GENERAL REQUIREMENTS Requires City to prepare site for construc- tion of apartments by performing as follows: 1. Conduct a survey of site (completed) . 2. Conduct a soils report of site (completed) . 3. Approve General Plan Amendment (completed) . 4. Prepare zone change (under way) , d 5. Prepare EIR, with cost shared by the City and developer (under way) , 6. Prepare and submit application for Coastal Commission permit (no cost) . i 7. Demolish and remove existing buildings and fill resulting cavities (HCD funds - $60,000) . 8. Relocate or remove utility lines on site (none necessary) . 9. Developer responsible for finish grading; salvage rights to City. City shall also: vacate street right-of-way (U4tiLl9.sf k, uY install necessary public utility improvements to property line of leasehold only�*tp,0:6W�3�(k( � enter separate agreements for architectural. services . receive competitive bids for construction of senior center and library improvements. i 1. Requires developer to file for Conditional Use Permit at own expense. 2. Requires developer to abide by Specific Plan zoning requirements. 3. Developer agrees to pay City development fees. 4. Developer agrees to abide by SchedL ,e of Performance. � 3 C:I`NBRAT, I2h( UIRI'MENTS tion 1.3 Requires developer to replace or repair any public improvements damaged by construction. 14 Requires developer or any successor to use property solely for housing for low- and moderate-income senior citizens. 17, P rmits developer to transfer interest to a joint venture, limited or general partnership with City approval. Requires any successors to abide by all provisions of this agreement and warrantees plans to be fulfilled despite transfer of interest. 16 Peraits termination of agreement for cause by either party within 60 days ' notice and estab- lishes causes for termination and remedies to aggrieved party. Also permits extensions of Schedule of Perform- ance due to circumstances beyond control of City or developer, provided 30-day notice of delay is given. i j Requires developer to pay property tax on im- provements; provide liability insurance; comply with EIR findings; acquire City permits as necessary. i_, 21 Prevents private interest by City employees in development; also holds harmless City employees from individual liability for non-performance. :'''x:df 21 City of Huntington Beach r ) ° P.O. BOX 190 CALIFORNIA M48 y 3 OFFICE OF THE CITY CLERK August 8, 1979 Mr. Paul de Phyffer range County Assessor's Office ' 0. Box 1:9 Santa Ana, California 92702 ear Sir- The Citv ,ouncil of the City of Huntington Beach at its regular meeting held Monday, August 6, 1979, approved a Participation Agreement between the City and William Lyon Company for the leas- ing of certain land for private development (Old Civic Center `site - Senior Housing Development). nclosed is a copy of said agreement for your information. `•;rther information may be obtained from Mr. Steve Kohler, Plan- ning Department 536-5541. sincerely yours, Wentworth itv Clerk A24W j s Enclosure NO fffli Clity of Huntington each yh P.O. BOX M CALIFORNIA 92648 OFFICE OF THE CITY CLERK Lyon Company 1 , 'orplrate Plaza NewD art Beach, California 92660 .- n). even -he iLv louncil of the City of Huntington Beach at its regular ineeting le' l t -)ndav, August 6, 1979 approved and authorized execution of the r I ir* i ipation _,,reement for the Leasing of Certain Land for Private t_•e. -prrent (Old Civic Center Site Senior Housing Development). ase cc-ntact the Department of Development Services regarding the re- . ..r--eT,,t �f the contract relative to your firm's submission of insur- i , k, . ­verave. en,_ I o3ed a duly executed copy of said agreement for your records. ,re!v vours A* .,( i. M. Wentworth itv 1, 'erk A s u CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION �!IN1.7!1N B!U 11 Floyd G. Belsito From James W. Palin, Director (,ity AcL-inistrator Development Services PARTICIPATION AGREEMENT: THE Date July 30, 1979 WILLIAM LYON COMPANY; OLD CIVIC CENTER PROJECT .�tached is the final Participation Agreement between the City and the William Lyon Company for the provision of housing on the 'Jld Civic Center Site. The Agreement has been approved by the City Attorney, duly executed by the William Lyon Company and is now ready for consideration by the City Council. This Acreement was one of the topics of discussion at the (� 'cuncil 's .July 16, 1979 Study Session. At that time, the 'ouncil requested that it be presented to them for action on the Council ' s August 6, 1979 Agenda. It is now transmitted to you for that purpose. If ou sh�ould have any questions regarding the Participation ^c eemeft, please contact Stephen V. Kohler at extension 5541. 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