HomeMy WebLinkAboutThe William Lyon Company - 1983-02-07 .
REQUEO FOR CITY COU�ICI&ACTION-- "
Jill 885
- 14
Date April A...1995
Jr
Submitted to: Honorable Mayor and City Council Members
Submitted by: Charles IV. Thompson, City Administrator
Prepared by: Douglas N. La Belle, Deputy Director of Redevelopin
Subject: AUTHORIZATION TO ESTABLISH A REVOLVING"FUN Dil' FIN , �I THE
PURCHASE OF EMERALD COV 'S CLUBHOUSE`EQU1 Phi ENJV*
Consistent with Council Policy? ( ] Yes ( New Policy or Exception s
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Adions, Attachments: ,
STATEMENT OF ISSUE:
Ultimately, private donations will be the source of financing the purchase of Emerald
Cove Clubhouse equipment until such time as those contributicins may be secured, it
is recommended that the City Council establish a revolving fund from the General
Fund so that full operation of the clubhouse may commence ::,ithout delay.
RECOMMENDATION:
Approve the establishment of a revolving fund from the unappropriated General Fund
to finance the purchase of the Emerald Cove Clubhouse equipment.
ANALYSIS:
As the Emerald Cove project is a public-private partnership, it has been determined
that the clubhouse equipment should be purchased with private donations. An
executive board member of the Council on Aging is attempting to raise the desired
funds; however, no firm commitments have been made to date. Construction of the
Emerald Cove Clubhouse wits completed April 1, 1985. 'nie clubhouse will house a
variety of senior-related activities including, bingo, holiday parties, health
presentations, movie nights, pancake breakfasts, and self-improvement workshops, to
name a few. 'nic apartment units sire now nearing full occupancy*, mid the residents
are prepared to begin fictive participation in these programs.
To expedite the acquisition of the needed clubhouse equipment so that full oNrations
may commence, staff is recommending the establishment of a revolving fund from
the city's unappropriated General Fund and from which immediate purchases can be
made. Since the equipment is not considered to be "real property," it cannot be
purchased with bond proceeds or Community Development Block Grant funds. 'ihe
account will be repaid as private donations are secured. '17ie estimated total cost of
the equipment is $11,000 which includes, but not limited to, such items as kitchen
supplies, a television and VClt, a public address s�-stem, a vacuum sweeper, and a
concrete patio table with benches (see complete list attached). It is anticipated that
the revolving fund will be repaid within a short time, not to exceed six (6) month•
1
P10 4184
J.
FUNDING SOURCE:
Unappropriated General Futid.
ALTERNATIVE ACTION:
Do not approve the revolving fund and delay full clubhouse operation until private
donations are secured.
ATTACHMENTS:
1. Emerald Cove Clubhouse Equipment List.
2. Financial Impact Statement #85-27
C%VT/DLB/SAJ:lp
G776h
EMERALD COVE EQUIPMENT
CITY PURCHASE:
Kitchen Supplies $125
Serving Cart $2FD
Beverage Nlnl:ers & Servers $550
Public Address System $530
Vacuum Sweeper $550
TOTA L: $2,255
POSSIBLE•. DONATIONS:
American Flag 3 Standard $130
Concrete Patio Table & Benches $1,150
2611 Television $640
Video Cnssette Recorder $425
Poet Table 52,000
Bingo ('nlle- 'Electric Scorehonrd) $320
20119 Ensv Read dingo Cards It,23.5
Piano $3,50(1
TurA L: $10,430
.yyG,
J• CITY OF HUPi TINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
IIU INGION 01.401
To CHARLES IV. T110101PSON From ROBERT J. FRANZ, Chief
City Administrator Administrative Services
Subject APPROPRIA'riON FOR Nate APRIL 59 1985
ESTABLISHMENT OF CLUBHOUSE
EQUIPIIIENT REVOLVING FUND
F.I.S. #85-27
As requested under the authority of Resolution 4832, a Fiscal Impact Statement has been
prepared and submitted relative to the establishment of a revolving fund for purposes of
acaWring equipment for the Emerald Cove Clubhouse. Expectations are that an
appropriation of $11,000 wculd be odeauate for this project.
An affirmative response by the City Council will reduce the balance of the City's
unappropriated General Fund to $617,913.
ROBERT J. FRANZ, Chief
Administrative Services
By: / � •.
DAN T. VILLI:LLA
Director c.f Finance
RJF:DTV:AR:sd
I e34j
FISCAL IMPACT STATEMENT
I . This item was not budgeted because it was anticipated that private
funding would be secured prior to the purchase of the Emerald Cove
Clubhouse equipment.
II . A. Direct Cost
1 . The current fiscal year cost will be $11 ,000. There will
be no future year cost.
B. Indirect Cost
1 . The General Fund may lose up to six months interest on the
S111000.
2. There are no maintenance costs.
3. All of the funds will be used for the purchase of equipment.
4. There are no applicable grant requirements.
III . Funding Source
A. Fund - General Fund unappropriated funs' balance.
B. Revenue Source - Private donation.
C. There are no alternative funding sources.
- Furnishings and personal property constitute an "ineligible
activity" for the Corimunity Development Block Grant Program.
- lion "real property" items may not be financed with Emerald
Cove bond proceeds.
Drz 1:c-r:-
CITY OF 1101 I M,
OFFICE OF THE CITY C1FI;lt
2000 MAIN S1-REc T CAI.IF.
HUNTINGTON l3EAC1�,
DISPOSITION AND L►EV£LOPI•IE:JT AGREEMENT
By and Between
THE REDEVELOPMENT AGENCY OF
THE CITY OF HUNTINGTON BEACH
( "Agency" )
and
THE WILLIA_M LYON COMPANY
("Participant" )
w�
TDP : jlg 2/3/83
vo . 5398/10258
DISPOSITION AND DEVELOPMENT AGREEIMENT
TABLE OF CONTENTS
Pagz
1 . Introduction. . . . . . . . . . . . . . . . . . . . . 1
2 . Incorporation by Reference. . . . . . . . . . . . . . 1
3 . Definitions . . . . . . . . . . . . . . . . . . . . . 1
4 . Restrictions on Transfer . . . . . . . . . . . . . . . 2
5. Duties of Agency - Condominium Project. . . . . . . . 2
6 . Duties of Agency - Rental Project . . . . . . . . . . 4
7 . Duties of Agency - Both Projects. . . . . . . . . . . 5
8. Non-Performance by Agency or Participant. . . . . . . 5
9. Release of City by Participant. . . . . . . . . . . . 6
10. Duties of Participant, Condominium Project. . . . . . 6
11. Duties of Participant - Rental Apartment Project. . . 7
12. Duties of Participant, Both Sides . . . . . . . . . . 7
13. Changes or Repair of Work After Public Improvements
areConstructed . . . . . . . . . . . . . . . . . . . 8
14 . Local, State and Federal Laws . . . . . . . . . . . . 8
15. Conformity to Redevelopment Plan. . . . . . . . . . . B
16 . Rights of Representatives of the Agency and the City . 8
17 . Obligation to Refrain from Discrimination . . . . . . 9
18. Taxes, Assessments , Encumbrances and :dens . . . . . . 9
19 . Rights of Obligees . . . . . . . . . . . . . . . . . . 10
20. Notices , Demands and Communications Between the
Parties . . . . . . . . . . . . . . . . . . . . . . . 10
21 . Conflict of _interest; Agency ' s and City ' s Represen-
tatives Not individually Liable . . . . . . . . . . . 10
22 . Enforced Delay; Extensions of Timnes of Performance . . 10
23. Miscellaneous . . . . . . . . . . . . . . . . . . . . 10
Exhibit 1 - Project Area Map & Ordinance
Exhibit 2 - Terry Park Senior Citizen Housing Project Site
Exhibit 2 - Terry Park Senior Citizen Housing Project Legal
Description
Exhibit 4 - Map Showing Terry Park Street Access
Exhibit 5 - Form of :tote and Trust Deed
Exhibit 6 - Escrow Instructions for Closing
Exhibit 7 - Release Form
Exhibit 8 - Site Lease and Project Lease
Exhibit 9 - Schedule of Performance
Exhibit 10 - Scope of Development
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i140 . 5398/10258
CISPOSITION AND DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into on February 7 , ,
1983 by and between THE REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH, a public body, corporate and politic ( "Agency" ) ,
and THE WILLIAM LYON COMPANY, a California corporation ( "Parti-
cipant" ) . -
1 . Introduction.
( a) On August 7, 1979, the City of Huntington Beach
( "City" ) and Participant entered into a Participation Agreement for
development of a senior citizens apartment project.
(b) Participant -filed a claim with the City on •
August 10, 1982 , alleging, among other things, breach of the
Participation Agreement by the City.
(c) The City and Participant have now entered into an
agreement extending the time within which Participant must pursue
its rights under the claim referenced above, pending performance of
the Agency pursuant to this Agreement. Upon such performance by the
Agency and subject to Paragraph 9, the claim by Participant against
the Ci ty wi 11 be wi thdrawn.
(d) It is contemplated that the Agency will obtain title
to and sell property to Participant, zoned for development of
approximately ninety-six (96 ) senior citizens condominium units
( "Condominium Project" ) , and will obtain title to and rent to
Participant pursuant to a long term ground lease, additional
property zoned for construction of approximately one hundred
twenty-fotir ( 124) to one hundred forty ( 140) units of senior
citizens rental housing ( "R_.ztal Project" ) , and that Participant
will construct and resell the condominiurn units, and will construct
the senior citizens rental hous:.ng and sublease it to the :agency or
its designee.
( e) This Agreement is entered fo: the purpose of
development and not for speculation in la::d. Development of the
Site pursuant to this Agreement and fulfillment of this Agreement
are ..n the best interez,-z .= v;;^ Aqency. h,= Czc._,, and the health,
safety, anri «el.`ara of its residents , and are in accord with the
public purposes and prcisions of applicable federal , state and
local laws and requirements under which the Ta?h,rt Beach
Redevelopment Plan ( "'Plan" ) is being undertaken . Time is of the
essence as to matters covered by this Agreement. This Agreement is
subject to the provisions of the Plan, which became effective on
October 20, 1981.
2 . incor-joration by Reference .
( a) Exhibits 1 through 10 i^clusive attaches: to this
Agreement, are incorporated herein by this reference as though set
forth in full .
3 . De+initior.-: .
Project Area. The Prcject Area is located in the
City of Hura`r.ngton Beach, California, the exact boundaries of which
are described in City Council Ordinance _2577 , and shown on a Project
Are:r riap. The Ordinance and Project Area map are attached as
Exhibit "1"
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No . 5398/10258
(b) Site . A portion of the Project Area which is or will
be owned by Agency and which will accommodate the overall Terry Park
Senior ::itizens Housing Project. The Site is shown on the snap
attache3 as Exhibit 11211 .
(c ) Condominium Project Property. Thet portion of the
Site which is to be developed by Participant as the ser:ior citizens
condominium project. The Condominium Project Property is shown as
Parcel 1 on Exhibit "2" and described in Exhibit "3" .
(d) Rental Project Property. That portion of the Site
to be developed by Participant as the senior citizens rental housing
project. The Rental Project Property is shown as Parcel 2 on
Exhibit "2" and described in Exhibit 11311 .
(e) access. A Public street shall be improved by City to
provide permanent access for the Condominium Project Property over a
portion of Terry Park substantially as shown on Exhibit "4" . In
addition, Participant shall receive a pedestrian and vehicular
a% .ess easeme:Zt over the open and driveway areas of the Rental
Project Property.
( f) Agency. The Agency is a public body, corporate and
politic, exercising government functions and powers, organized and
existing under the Community Redevelopment law of the State of
California. The principal office of Agency is located at 2000 Main
Street, Huntington Beach, California 92648. "Agency" as used in
this Agreement includes the Redevelopment Agency of the City of
Huntington Beach, California, and any successor to its rights,
powers and responsibilities .
(g) Participant. Participant is a California corp-
oration organized and existing under the laws of the State of
California. Its principal of-fice is at 19 Corporate Plaza, Newport
Beach, California 92660 .
s. Restrictions on Transfer. The qualifications and
identity of Participant are of particular concern to the Agency. It
is because of these qualifications and identity that the Agency has
entered into this Agreement with Participant. No voluntary or
involuntary successor in interest of Participant shall acquire any
rights or powers under this Agreement except as expressly set forth
herein. Provided, however, that Partici.pant shall have the right to
assign its rights to an affiliated corporation, or a partnership
with other partners and co-venturers so long as with respect to such
assignee ( a) such assignee agrees to be bound by all provisions
hereof, expressly assumes in writing ( to the reasonable
satisfaction of agency) the obligations of Participant hereunder,
and (b) Participant remains fully liable and responsible as a
general partner in the partnership, or as a guarantor of such
affiliated corporation, and (c) that Participant retains managerial
and operational control of any assignee and an interest in profits
and losses . ?'rovided, however, no such assignment shall be made if
it would materially and adversely af:ect the financability of the
Condominium Project and/or the Rental Project. Any other transfer
requires the Consent of Agency, which Consent will not be
unreasonably witl.'1eld.
S . Duties of Agency - Condominium Project . Agency shall .
( a) Title . Obtain title to the Condominium Project
Property using every reasonable effort.
(b) 'Conveyance . At the closing, convey fee title to
Participant in condition acceptable to Participant. Upon execution
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No . 5398/10258
of this agreement, Agency shall provide Participant with a current
preliminary 'title report on the property along with copies of all
documents shown as exceptions to title . Participant shall have
fifteen ( 15 ) days from receipt of the report and documents within
which to notify Agency in writing of those exceptions which must be
removed. Agency shall on or before close of escrow, cause such
exceptions to be removed of record.
( c) Title In4urance . At the closing provide an ALTA fee
title insurance policy to Participant and applicable lender
insuring title in a condition as approved by Participant. Agency
shall pay for the cost of a CLTA policy, and shall provide at its
expense, the required ALTA survey. Participant shall pay the
additional cost for the ALTA endorsement.
(d) Acceptance of Note from Participant. Accept from
Participant a promissory note for the purchase price secured by a
trust deed encumbering the Property . The trust deed will provide
for releases from the lien thereof at the rate of 110% of the
purchase price per unit as determined in Paragraph 10( a) , and will
be second in priority to the construction final. ing for the Project.
The unpaid balance of the promissory note for the purchase price
will be subordinate to construction financing of Participant at the
time and will all be due in twenty-four (24) months from the date of
the closing. The form or the note and trust deed shall be as set
forth in Exhibit. "5" .
(e) Closing. Acquisition of the Property by Participant
shall be accomplished through an escrow closing ( "Closing" )
pursuant to escrow instructions attached as Exhibit "6" , which
Closing shall. be scheduled to occur on or immediately before
issuance of first building permits and shall be conditioned upon
such issuance . If escrow is not in condition to close on or before
the date set forth in the Schedule of Performance, this Agreement
shall terminate with respect to the Condominium Project unless
extended by .mutual agreement of the parties . Notwithstanding the
foregoing, ?articipant shall, have the right to extend the date set
for close or escrow if Participant has applied far building permits
and the permits have not been issued through no fault of
Participant.
( f) Condominium Project Einancinc. :agency shall use
its bast efforts to provide Participant the following publ_;. debt
financing mechanism. s :
( i ) Mortgage revenue financing for permanent loans
on Each of the condominium units in amounts and on terms available at
the time of issuance of the debt fira ncirg instrument; and/or
( ii ) A loan made to Participant utilizing the
proceeds of the Rental Project financing described in Paragraph 7 ( e )
herein attributable to land value for the maximum amount which can
be loaned upon the value of :.he Rental Project Property. Such funds
may be utilized by Participant, if permitted by the intermediary
lender, if any, for construction financing, permanent financing, or
both, but in either case the obligation to repay such funds , if
secured by the Condominium Project ?ropert7, shall be junior and
subordinate to any other conventional construction and permanent
financing secured by Participant and shall be payable on terms
parallel to :.he terms established in the Rental Project financing
described in Section 6( e ) , and at an interest rate ecaal to the
reinvestment rate of the proceeds of the Rental Project financing;
provided, however, that in no event shall such rate exceed the
amounts necessary for the Agency to cover its obligation under the
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No . 5398/10258
Rental Project financing .cr the: funds used, without profit: to
Agency or subsidy i:o others .
( iii ) If, after exercising best efforts, Agency is
able to provide only one of the two alternative financing mechanisms
Participant shall ;:)e required to accept such financing or waive this
condi Lion. If Agency is able to provide both financing mechanismn,
then, in that event, the financing described in ( ii ) immediately
above shall be utilized solely for construction financing.
( g) Approval of Plans. Promptly upon submittal by
Participant, Agency shall consider a concept plan and exterior
design for condominiums and either approve, conditionally approve
or disapprove it. Upon such approval, no further Agency approval of
the condominium plans are necessary or are required.
6. Duties of Agency - Rental Project. Agency shall :
( a) Title. Obtain title to the Rental Project Property
using every reasonable effort.
(b) Conveyance. At the Closing execute and deliver a
long-term lease to Participant, conveying unencumbered long-term
leasehold title of the Rental Project Property to Participant
pursuant to a lease in the form attached as Exhibit "8" .
(c) Lease . Accept from Participant, or cause the
designee of the Agency t accept an executed lease for the completed
project pursuant to a sublease in the Form attached as Exhibit '18" .
(d) Title Insurance . At the closing pro-.ride an ALTA
leasehold title insurance policy to Participant and to applicable
lender insuring title in a condition as approved by the lender.
(e) Rental Project Financing. Agency shall use its best
efforts to p::ovide lease revenue, mortgage revenue, or conventional
debt '_nancing with respect to the Rental Project for both
construction and permanent financing ( Rental Project Financing) .
Provided, however, that the costs of such financing shall allow
Agency to charge below market rental rates to tenants in the Rental
Project. Agency shall also use its best efforts to structure ouch
financing to provide for the Funding of the debt financing described
in Paragraph 5 ( f) ( ii ) .
( F) Reduction Based on Cost . Agency shall have the right
to adjust the number of units in the Rental Project based on
construction costs shown by bids supplied by Participant and
approved by Agency provided, however, :.he annual ground lease
payment due Agency shall be adjuated based on actual construction
cost as more fully described in the Site Lease .
(g) Payment of Contractor' s ~-Ae . Participant shall be
entitled to a contractor' s Fee equal to five percent ( 5'1) of the
total construction costs for the rental project. The fee will be
payable from loan proceeds based upon the percentage of completion
of the project during the course of construction. Construction of
the Rental Project shall be coordinated to the extent feasible, with
construction of the Condominium Project.
(h) Proce:sing of Use Permit. Agency shall process and
obtain approval of a use permit with respect to the Rental Project.
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0 tic . 5398/10-158
7 . Duties of Agency- - Both Projects .
( a) Obtaining Entitlements . Agency shall use all
reasonable efforts, and provide assistance to Participant in the
processing and obtaining approval for all plans, maps, zoning and
other entitlements necessary to complete both Projects, including,
but not limited to, conditional use permits, a condominium map, and
building permits.
(b) Pre- I 2rovement tiIat..erials . Agency shall provide to
Participant, in a timely manner to allow Participant to submit them
to City, and at the sole expense of Agency: a completed ALTA survey
of the Rental Project Property and the Condominium Project Property;
a soils report approved by the City; and all necessary compliance
with the California Environmental Quality Act, certified by the
City.
(c ) Improvements . Agency shall at it:. own expense and
without expense to Participant or assessment or claim against the
Site, at such time as is necessary for Participant to complete any:
market the Projects, provide: all fill and rough grading, as shown
on an approved rough grading plan; installation of all off-site
streets to serve the Site; installation of al: public utility mains
through the site to service both the rental and condominium projects
in a public utility easement approved as to size and location by the
Agency, so that Participant may run lateral connections from its
buildings to the utility mains; cleaning or buffering of unsightly
adjoining property to the North of the site . Installation of
utilities shall include installation and relocation by the City or
by the appropriate public body or public utility company of all
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 Site at a point to be
designated !Dy Participant.
S . Non-Performance by Aaen=v or Participant. lf after ex-
ercising all due diligence and best cf+nr;.s, Agency is unable to
obtain clear title to the Property as contemplated in this
Agreement, or is unable to obtain financing =or Participant as
contemplated by this Agreement, prior to issuance of buii.ding
per.;itS, and an extension of time _or performance theraof or wdiver
of these recuirements , with respect to either the Cendomii.ium
Project or Rental Project, or both, has not been granted by
Participant, then Agency shall be released of its obligation to
rurthet attempt performance hereunder, upon reimbursement to
Participant of the actual costs incurred with third parties by
Participant in preparing this Agreement, performing under -his
Agreement and processing in contemplation cf construction pursuant
to this Agreement. Such costs to be subject to reasonable
verification by Agency.
Upon receipt by Participant of such rYi,;wursement, Participant
shall execute and deliver the Release provided for in Paragraph 9
below, and provide Agency with all maps, plans anal/cr documents
prepared by, :;r on behalf of, Participant in connection with the
development of the Co.dominium Pro3e,:.t anal_/or the Rental Project and
this Agreement shall be cancelled by the Parries, and the Parties
shall have no responsibility to each other.
if Agency has perfotmed its obligations hereunder and City has
granted the necessary land use approvals described in Paragraph 9
below, but Participant fails to perform ( so long as such failure to
perform is not caused by Agency' s :allure to provide title to
property and necessary financing) , and an extension of time for
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T:)P : j 1 g 2/3/83
No . 5398/10258
performance thereof or waiver thereof has not been granted by
Agency, then in that event, Participant shall execute and deliver
the Release provided for in Paragraph 9 below and provide Agency
with all maps , plans and/or documents prepared by, or on behalf of,
Participant in connection with the development of the Condominium
Project and the Rental Project and Agency may pursue its remedies
-against Participant for breach, if any, hereunder.
If under anv circumstances or for any reason Participant is able to
proceed with the Condominium Project and is unable to, or fails to,
proceed with the Rental Project then the land acquisition price to
Participant for the Condominium Project shall be increased by
$200, 000 less costs actually incurred for the architect pursuant to
Paragraph 11 (b) hereof.
The parties will use their best efforts to reduce the annual ground
rental payments to be payable under the lease for the senior
citizens' housing, so long as that reduction in ground rental
payments can be accomplished without additional cost or loss of
revenue to the Agency or to Participant . If, through the exercise of
best efforts to reduce the annual ground rental payments, the
payments cannot be reduced to a level reasonably satisfactory to
Participant, then Parti^ipant shall, have the option to proceed with
the condominium: project and if Participant elects to proceed with
the Condominium Project, an,6 not with the rental of the Rental
Project proper•;.y, the purchase price of the condominium property
will be increased by $75 , 000. In either event, Participant shall
construct the Rental Project for the fee as described in
Paragraph 6(g) above .
9 . Release of City By Particinant. Upon performance by
Agency of all its obligations under this Agreement, as described in
Paragraph 8 above, and upon receipt by Participant of all required
permits, approvals, maps, zoning and improvements from the City,
Participant shall execute and deliver to City a full uncondi-ional
and general release in the form as set forth on Exhibit "7" .
10 . Duties of Participant, Condominium Project .
( a ) Elurchase of Site . Participant shall purchase the
Condominium �jro j ec t Property from Agency and Agency shall sell said
property to Participant for $748, 000 less the cost of any fees or
charges imposed by the City and agencies it controls and not waived
with respect to development of the Condominium Project. =he
purchase price shall be increased or decreased as provided in this
Agreement by $13 , 000 multiplied by the number of condominium units
more or less than ninety--six ( 96) allowed by :.he approved final
subdivision map for the Condominium Project . At the closing
pursuant to Exhibit "6" , Participant shall execute and deliver the
promissory note and trus4 deed evidencing the obligation for the
purchase price .
(b) Aoplicatior.. Participant shall apply to the City
for approval of not less th-n ninety-six ( 96 ) condominium units in
the Condominiur.. Project Property.
(c ) Bonus Payment to Agency. Upon completion of all
sales of condominiums, Participant shall pay to Agency as a bonus,
twenty percent ( 2001) of the amount by which the "assumed" cost of. the
Condominium Project exceeds the "actual" cost thereof. The assumed
cost shall be an amount equal to eighty-eight percent ( 88%) of the
aggregate base sales prices for all units. actual costs shall be
total _osts of acquisition, development, construction and sale cf
the project set forth in a statement certified by Participant as
cowplete and accurate . Agency may require that the statement be
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verified by Participant' s auditors and the costs of such
verification shall be included within actual costs . If Participant
elects not to lease the Rental Project property, the first amounts
due Agency hereunder shall be reduced by $75 , 000 . Participant
shall, in any event, construct the Rental Project for the fee as
described in Paragraph 5( g) above .
11 . Duties of Participant - Rental Apartment Project.
( a) Lease . At the Closing of the construction
financing, Participant shall enter into the Lease with Agency in
substantially the form as Exhibit "B" . Agency and Participant shall
amend the lease as required by Lenders to Agency and Participant, or
as required by the business plan of Participant, provided such
amendment does not involve any cost to Participant or Agency nor
otherwise materially and adversely affect the rights of the parties .
(b) Plan Development Costs and Fees . Participant shall
retain at its own expense, and not from the proceeds of Rental
Project bonds, all required architectural and engineering services
for the design of the Rental Project. Agency staff shall review and
approve all contracts and change orders for these necessary
services . Said approval shall not be unreasonably withheld. To the
extent that the cost of providing said services is less than:
$200, 000, Participant shall pay to the Agency a dollar amount equal
to the difference between the $200, 000 and actual cost as
reimbursement to the Agency fcr Participant' s share of required fees
on the earlier date of ( i ) the commencement of the Project. Lease or
( ii ) close of escrow for the Condominium Project Property.
Participant shall consult with Agency in retaining the necessary
services and in developing the plans and specifications for the
Rental Project and shall attempt to maintain quality in design and
construction while at the same time incorporating appropriate costs
savings to help .minimize the Agency' s project lease obligation and
thus improve the Agency' s ability to provide affordable rents to
senior citi=ens .
( c ) Bids . Participant shall seek, obtain and administer
all bids necessary for completion of the Project and for determining
cost of its completion. agency shall have the right of reasonable
approval of all contract awards , but bidders shall be selected
solely by -ar icipant.
(d) Completion. Upon receipt of financing commitments,
and upon, completion of the bidding process, Participant shall
commence and complete construction of the Rental Project pursuant to
the pi.ans and specifications approved by City, and in accordance
with all permits issued with respect t:zereto .
12 . Duties of Participant, Both Sites .
( a) Schedule Of Perfor.manc►e . 'Participant shall exercise
due diligence in preparing and processing all applications, maps,
and plans, necessary to obtain required go*:ern.mental approvals to
build the two projects and shall pursue the same in substantial
accordance with :.he Schedule of Performance attached as
Exhibit
(b) Release Upon Full Performance By Agency and Breach
'15y Participant. Upon full performance by Agency of all its
ahligations under this Agreement, and upon receipt by Participant of
all required permits, approvals , maps , =on"ing and improvements from
the City, and if Participant breaches this Agreement, then upon
failure of Participant to cure such breach upon written notice and a
reasonable time within which to do so, the City and Agency shall be
-7-
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TDP : j Ig 2j3/83
No. 5398,'10258
releasccl from all claims and causes of action against them which
Participant may have with respect to the prior Participation
agreement and this agreement in accordance with Paragraph a hereof.
13 . Chanaes _or _Reoair of Work After Public Improvements
are Constructed. Once public improvements are constructed or
cr�,;npleted, any changes required by Participant shall be at the
expense of Participant. The Agency 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
Participant in developing the Site. The Participant shall bear all
expense for restoring or repairing Pny such work. These repairs,
improvements and restoration shall be constructed in accordance
with the technical specifications and practices of the City of
Huntington Beach. The Agency shall coordinate all uncompleted work
required under this Section with Participant' s schedule and
activities so that all work may be completed in a manner consistent
with Participant ' s construction efforts . Anv other work to be
performed by the Agency with reference to the Site shall be as
specified in the Scope of Development attached as Exhibit "8" and
within the times specified in the Schedule of Performance.
14. Local, State and Federal Laws . The Participant shall
carry out the construction of the improvements in conformity with
all the applicable laws and recrulations.
15 . Conformity to Redevelopment Pian. During construction
and thereafter, Participant shall ut-l: ze the improvements on the
property on which the improvemennts are located in conformity with
the Redevelopment Plan as it may from time to time be amend,:ea.
16 . Rights of Recresenta.-yes of the Agency and the City.
Representatives of the Agency and the City shall have the right to
access the Site without charges or fees, at normal working hours
during the period of construction for the purposes of this Agreement
including, but not limited to, the 'inspection of the work `Ding
performed in constructing the improvements . Such representa::_•✓es
of the Agency shall be City employees who normally carry out such
}unctions or persons who are so identified in writing by the Chief
Execut-ve Off-cer of the :.gency.
( a) M Riilo o2 Ent:ry for l t :
- _ .... .,_ :. ,. . Ser. roe . The :gAncy
reserves for itself, the City and any public utility company as may
be appropriate, the unquali Tied right. to enter upon thae Site at all
reasonable times for zhe cu.-pose of reconstructing, :maintaining,
repairing or servicing the public utilities located within the Site
boundary lines .
(b) Developer No,t to Construct Over Utility Easements .
Provided that the agency and' utility companies do not construct in
conflict with structures delineated on plans o! Participant unless
said construction takes place on recorded easements referred to in
the preliminary title report, the r"articipant 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, un: iss such construction is
provided for in such easement or has been approvea by the holder of
such easement. :f approval for such con. :rucr_ion is requested by
Participant, the Agency shall use its best efforts to assure that
such approval shall not be withheld unreasonably.
( c) Additional Richt of Access . The Agency for itself,
and for the City and other public agencies, at their sole risk and
ex—ense, shall have the right to enter the Site, or any part thereof,
at all reasonable times for the purposes of construction,
_B..
TDP : j lg 2%3 j 83
No . 5396j10258
maintenance, repair or service of any public improvements or public
facilities located on the Site . Any such entry shall be made only
after reasonable notice to the Participant, and the Agency shall
indemnify and hold the Participant harmless from any claims or
liabilities pertaining to any entry, maintenance, repair or service
of any public improvements or public facilities located on the Site.
17. obligation to Refrain from Discrimination. There shall
be no discrimination against or segregation of any person, or group
of persons, on account of sex, race, color, handicap, religion,
national origin, marital status or ancestry in the sale, lease,
sublease, transfer, use, occupancy,. tenure or enjoyment of the
improvements, nor shall Participant itself or any person claiming
under or thro,_,gh it establish or permit any such practice or
practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees,
subtenants, sublessees or vendees. Any deed, lease or contract
entered into between Participant and Agency in furtherance of this
Agreement, shall contain or be subject to substantially the
following nondiscrimination or nonsegregation clauses :
( a) In Deeds : "The Grantee herein covenants by and for
himself, his heirs, executors, administrators and assigns, and all
persons claiming under or through thein, that there shall be no
discrimination again:: or segregation of, any person or group of
persons on account of sex, race, color, handicap, religion, marital
status, national origin or ancestry in the sale, lease, sublease,
transfer, use, occupancy, tenure or enjoyment of the land herein
convened, nor shall the grantee himself or any person claiming under
or through him, establish or permit any such practice or practices
of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants , lessees, subtenants ,
sublessees or vendees in the land herein conveyed. The Foregoing
covenants shall run with the 1 and. "
(b) In Leases : "Tt:e lessee herein covenants by and for
himself", his he-rs, executors, administrators and assigns and all
persons claiming under or through him and this lease is made and
accepted upon and subject to the following conditions : that there
shall be no discrimination against or segregation of, any person jr
group of persons on account of sex, race, color, handicap, reli.gic,n,
national origin, marital status or ancestry, in the leasinc .
subleasing, transferring, use or enjoyment of the land herein
leased, nor shall the lessee himself, or any persons claiming under
or through him, establish or permit any such practice or practices
of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, sublessees,
subtenants or vendees in the land herein leased. "
(c ) I:i Contracts : "There sha'.1 be no discrimination
against or segregation of, any person, or group of persons , on
account of sex, race, color, handicap, religion, national origin,
marital status or ancestry in the sale , lease, sublease, transfer,
use, occupancy, tenure or enjoyment of the land, nor shall the
transferee himself, or any person claiming under or through him,
establish or permit any such practice or practices of discrimination
or segregation with reference to the selection, location, number,
use or occupancy of permitees, tenants, lessees , subtenants,
sublessees or vendees of the land. "
18 . Taxes , Assessments, 'Encumbrances and Liens . The Par-
ticipant shall pay when due all real estate taxes and assessments
assessed and levied upon the Site, except that said taxes and
assessments on the Condominium Project shall be paid by Participant
only until such time as the titles to the residential condominium
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TDP : j 1g f`3/63
No . 5398/ 10258
units are conveyed to purchasers, and taxes on the rental housing
property shall be reimbursed to Participant pursuant to the Lease.
19 . Rights of Obligees . The provisions of this Agreement do
not limit the right of obligees to foreclose or otherwise enforce
any mortgage, deed or trust or other encumbrance upon the Site or the
rights of obligees to pursue any remedies for the enforcement or any
pledge or lien upon the Si te; provided, however, that in the event of
a foreclosure sale tinder any such mortgage, deed of trust or other
lien or encumbrance, or sale pursuant to any power of sale contained
in any such mortgage or deed of trust, the purchaser or purchasers
and their successors and assigns, and Site shall be, and shall
continue to be, subject to all the conditions, restrictions and
covenants herein provided and the provisions of the Talbert-Beach
Redevelopment Plan .
20. Notices, Demands and Communications Between the
Parties. Written notices, demands and communications between the
Agency and the Participant shall be sufficiently given if dispatched
by registered or certified mail , postage prepaid, return receipt
requested, to the principal office of the Agency and to the local
office of the Participant as specified. Such written notices,
demands and communications may be sent in the same manner to such
other addresses as either party may from time to time designate by
mail as provided in this Section.
21 . Conflict of Interest; Agency' s and Citv' s :teoresenta-
.:ives Not individually Liable . 4Jo member, official or employee of
the City or Agency 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
.-ftects his personal interest or the interest of any corporation,
partnership or association in which he is, directly or indirectly,
interested . 'No member, official or employee of the City or Agency
shall be personally liable to Participant or any successor in
interest in the event of any default or breach by the agency or City,
or for any amount that may become due to Participant or successor, or
on any oblir:ation under the terms of this Agreement .
22 . En-forced Delay; extensions of mes oL Performance .
Per for,mancE by either party hereunder shall nct be deemed to be in
default where delays or defaults are due to war, insut•rection,
strskes, lockouts, Mots, - locds, earthquakes, fires, casualties,
acts of God, acts of public enemy, epidemics , quarantine
restrictions, freight embargoes, lack of transportation, government
agency or en~i ty.
23 . Miscellaneous .
( a ) Title_ of Sections . Any titles of the several
Sections of this Agreement are inserted foi convenience of reference
only and shall be disregarded in construing or interpreting any of
its provisions .
(b) Hold Harmless . participant agrees to indemnify,
hold harmless and defend Agency and the C' ty of Huntington Beach and
all of their affiliates, agents and employees in all actions arising
from Participant' s activities pursuant to this agreement, and
Agency agrees to indemnify, held harmless anc' i:efend Participant.,
its affiliates, agents and employees, in all actions arising from
the activities of Agency or City pursuant to this Agreement.
( c ) Counterparts . This agreement is executed in five
( 5 ) counterparts , each of which is deemed to be an original .
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TDP : j lg 1/3/83
No . 5398/10258
(d) Entire Agreement, Wai:,ers and Amendments . This
Agreement integrates all of the terms and conditions mentioned
herein or incidental thereto, and supersedes all negotiations or
previous agreements between the parties with respect to all or any
part of the subject matter thLreof. All waivers of the provisions of
this Agreement must be in writing by the appropriate authorities of
tl,e Agency cr the Participant and all amendments hereto must be in
writing by the appropriate authorities of the Agency and the
Participant.
(e) Defaults - General . Subject to the extensions of
time set forth in this Agreement, failure or delay by either party to
perform any term or provision of this Agreement constitutes a
default under this Agreement. The party who so fails or delays must
immediately commence to cure, correct or remedy such failure or
delay, and shall complete such cure, correction or remedy with
reasonable diligence .
( f) Legal Actions . In addition to any other rights or
remedies, either party may institute legal action to cure, correct
or remedy any default, to recover damages for any default, or to
obtain any other remedy consistent with the purpose of this
Agreement.
(g) Applicable Law. The laws of the State of California
shall govern the interpretation and enforcement of this Agreement,
except as to matters governed by Federal laws and regulations .
(h) Acceptance of Service of Process . In the event
that any legal action is commenced by the Participant against the
Agency, service of process on the Agency shall be made by personal
service upon the Chief Executive Offizer or Chairman of the Agency,
or in such other manner as may be provided by law. in the event that
any legal action is commenced by the Agency against the Participant,
service of process on the Participant shah be ;wade by personal
service upon any corporate officer of the Participant and shall be
valid whether made within or without the State of California, or in
such other manner as may be provided by law.
( i ) Rights and Remedies are Cumulative . Except as
otherwise expressly stated in this Agreement, the rights and
remedies of the parties are cumulative; and the exercise by either
party of one or more of such rights or remedies shall not preclude
the exercise by it, at the same or different times, of any other
rights or remedies for the same default or any other default by the
other party.
( j ) Inaction ;lot a Waiver of Default. Any failures or
delays by either party in asserting any of its ri.ghts and remedies as
to any default shall not operate as a waiver of any default or of any
such rights or remedies or deprive either such party of its right to
institute and maintain any actions or proceedings which it may deem
necessary to protect, assert or enforce any such rights or remedies .
(k) Execution of Agreement . This Agreement, when
executed by the Participant and delivered to the Agency, must be
authorized, executed and delivered by the Agency within thirty ( 30 )
days after the date of execution by the Participant or this
Agreement shall be void, except to the extent that the Participant
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 dare when the Agreement shall have
been signed by the Agency.
�V•1
TDP: jlg 2/3/83
No. 5398/102 58
( 1) Bodily Injury and Propert Damage Insurance;
Worker' s Compensation. Prior to commencement of any work
hereunder, Participant shall obtain a policy of comprehensive
bodily injury and property damage liability insurance and maintain
such policy in effect until the final Certificate of Completion
provided for in this Agreement has. been issued, providing coverage
for bodily injury and property damage in the minimum amount of
$300,000 combined single limit par occurrence. The policy shall
name, as additional assureds, Agency, the City of Huntington Beach,
and their officers and employees, while acting within the scope of
their duties, against all claims, suits, or other actions of any
nature brought for or on account of any death, injuries, damage or
loss, arising out of or connected with the work of Participant under
this Agreement.
Participant shall furnish Agency a certificate of
insurance from the insurer evidencing compliance with this para-
graph and providing that the insurer shall not cancel or modify the
policy without thirty (30) days ' prior written notice to Agency.
Participant shall give Agency prompt and timely notice of any claim
made or suit instituted. Agency, City and their officers and
employees shall also be named as additional insureds in any pol: cies
of Participant' s contractors covering work under this Agreement,
and such policies shall comply with this paragraph.
Participant shall comply with all of the provisions
of the Worker' s Compensation Insurance and Safety Acts of the State
of California, the applicable provisions of Divisions 4 and 5 of the
California Labor Code, and all amendments thereto; and all similar
state or federal acts or laws applicable, and Participant, shall hold
Agency and City harmless from any claimE arising thereunder.
Participant shall furnish to Agency a Certificate of Worker' s
Compensation insurance providing that the insurer shall net cancel
o-- modify the policy without thirty (30) days ' prior written notice
to Agency. In the alternative, Participant may show proof of a
certificate of consent to self-insure issued by the Direcv.or of
industrial Relations according to California Labor Code Section
3800.
The Agency and the Participant have duly executed this
Agreement as of the date first mentioned above .
THE REDEV::LOP1•:ENT AGENC71 OF THE
CITY OF HUNTINGTON BEEACH,
CALIFOR111A
Date : !G' �3 B f: 4�,s �a. ]It,
,
Its : Chairman
ATTEST:
.00
Agency Clerk
By:
Its: Deputy
-12-
TDP : j ?g 2/3/83
CIo . 5398/10258
THE W I LL I AM LYON COMPANY
Date: 17zn y• -
Its: Vice President:
c P esi ent.
INITIATED AND APPROVED AS TO REVIEWED APPROVED AS TO
CONTENT: FORM:
Director, Business and Special regal Counsel.
Industrial Enterprise
APPROVED AS TO FORM:
Agency Attorney
!PF'ROVED:
Chief Executive Officer
-13-
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. ,1 T•R ., E T1.1 E CDU`IC1 OF 'Ni CI TY 3F
} i1Ti'1.1G"1 01 B iU EACH APPROVING AND AD0PTING A
REDEVELOPMENT PLAN FOR mHL' 'IAA 11ERT-BEA-H
REDEVELOP51 E::T PWJJEC'P AREA AS THE OFFICIAL
REDEVELOPMENT PLC::: FOR SUCH PROJE�_ & AREA
THE CITY COUNCIL OF THE CITY Out' HUNTINGTON' BEACH DOES HEREBY
ORDAIN AS FOLLOWS :
Section 1 . The Redevelonment Agency of the City of
Huntington Beach ( "Agency" ) has prepared and apcct,ved a
Redevelopment Plan for the Talbert--Beach Redevelopment Project
Ares ( "Project Area" ) and has recommoinded that the City Council
approve and adopt said Redevelopment Plan . The Planning
Commission of the City of Huntington Beach has submitted its
report and recommends approval of the proposed Redevelopment Plan .
Section 2 . The Agency has adopted r'-,1es coverning
particioa_ion and re-entry preferences for property c'•rners ,
operators of businesses and tenants '.,iithin the Project rea .
Section 3 : The Agency `:as adopted a Relocat7on PI-an
Provi1' inq £or the relocation of persons and fam;. I i•es fro.; L:Ie
�r Project Area , Lhe pa'�'tme.ft: Olf rel oca t ion 'ien[f i is and the c :': ing or
relocation assistance to such persons and families .
Section 4 : The Age.ncy has submitted ;.he R edev I C 0 M e n t
-'Ian for the Project Area and its report thereon to the
. Duncil .
Section 5 : :'hie Agency has consulted with property .owners
and businesses +Within the Project Area and ~aYi �1C d,re 'C :-S �.': it:h
levy taxes , or fcr 'Which taxes are levied , c:n property in the
Project Area; and
Sec`on C A ;oint pu'lic hAear iM,q has naticed
•t r'' 1 l the Agency«. •1 iY 1•L. ) t tj t� '• ..
an.. he_O b - _he Ag _., f an,. ,...�_ Ci y �our,c : _ , as r. u : c b; :3'h;
all ob-CctlonS haille bQen : eaL- and pass,:�d :por', •by t-': iS O : t'•
=ouncll; the Agency ar.d Cou, 'n av Cr
.1 r r. P -' p 7 J e 7 �_a
testi.�,or.; cor.ce n: ng the Redo :n :ac,:,e ._ : lay. _ ,r r ct r � ,
i, e' "er`. t•? `. : 'lo ' Oot'1 w' ' t`_'' 2 c?nd :r•: l Oil t:,r J .��i '. i •iJ
1'1C iud '1:� .;t S � � ;.�f r .
condition wi 'bin t--, Project Ar.?a , _he envi _ :r,.7en al effects of
the proposed project air, the f :•:.''ncial of tn-a Pr :;l.":�-Z-1.2�1
project . he Acer.cy anti Ci Counc : '_ :ia ,._4 uI uo^.S Z'C. ?u 31i
thereof and thew aforesaid rec)oris anci r��cc.,i7e..?: t : on} , a!-id tI
proceedinas with respect to sa.iA Rr'C7L'ti+elocment 1'lan ha*- e '-nn.j Ault,
conducted and completed rs provided by law .
N
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v'r6 adopted .. inal E1R •L' r L';;n .3dc, . .i`r; 3f t::?
R a w.e v e 1- �y,w e.n t P 1 a n L7.i Ll ��a'i A �..r� r L L i7�.a a J .r,r-.t: w '�\•�•1 i��+,
consideration "le.eof 1.1 aci:ordance ry i 4 i, _ri,' :? 1 1 7r i1 : a
Environmental :'uaIity Act J 1970 :end the State an•J .oca1
guidelines andi regulations adopted pursj,.nt. thereto .
Section 9 : The purposes and intent or t�ii.s City Council
with respect to the Project Area are :
(a) To eliminate the conditions of blig t existing
within the Project Area .
(b) To prevent recurrence of blighting cond" icr.s
within the Project Area .
(c) To provide for participation by owners and tena: cs
and for re-entry preferences to persons residing within the
Project Area to participate in the redevelopment of the
Project Area ; to encourage and en:,ure the development of ;:he
Project Area i:: the manner set `orth in the :�e4-evelopme^t
Plan; ani ;.o provide Cor the relocation of ari;: r-asi::ents
displaced by the effectuation of the Redevelopment :lac. .
(d) To improve and' construct or ;rovide for t, ^
construction 'af oubllc tact : ities , roads , and or-her ouo I Ic
�.J imorovem,!r.ts and to i.T.prove the qual i `9' cf t::e i'l1rC7 ';'e.. ►
the Project Area to the benefit c the :ro-:;e'^t ..:e:. ar.c �i1?
general public .
(e) To attract and faci _ itate new develo e^6.s : thin
t.:e Project Al ea for our pose s cf inc.rcasing r,231den iai ,
oublic ca e recreationa : rsources 1 h 4 in th-a Ci of an
Huntington Beach 3;ici :,:,crcvi ;,; .. e ' s r.31'_ \aCCn0-11, ar:'.:
environ.men, .
CaCt ion The RedeveIoo,:e~it Plan for 5,r;;ect .:r,2a
on le with th-: City Clerk. Of a.- ZX:Iihi «.
--A Iz, Inereby aporovec.' , adopted and. ::$siQnat'ed ass e C f f i C i a L
Red?ve'_ooment Plan for the 7.'''v j?ot %srr' : , anG I.. Y-er?a'•
i_,ncorpo.atec herein by rnferonc�_ a,: a d mdc ,a ?a t r : ereof as
ful.:f set tyh, engt.i h e:e 1 n .
Section 1 i0 : he C i tv :oLvnc 1 7: t:t? ;'' of _ : . t(.in
BeaC:1 fin':s and c:eter°r.�,i7-as t.1a; .
(a) The pro4'aCt i::'23 : a` -tilt'
redev"To meat of .4h 41-6 ? _ ? ;s;3r :.o .2 -f �t latC
pilr�oses :!'c1ar ed i^ t le Cc",mi;n : ,dC 12 C:�Mt?.'It La W 1G'
,raw 5 r . . : " t t : - .. ''
Late of Ca 1 I �1 ;11 a d is � 5;7ryC t:3 , t`:3 .,Q �' o ?i:` t:. .l
1s e ia:dct.terizeJ t r,ro r i s 1tr ZM •;1:Cn T ♦v
dislocation , ceterora or :iisse e :ase ofi 1i �.•� t: ..�c�_
0 the rlloo:ing factors :
i
=1
� t
iY�
r,
at
+ r /
3 V . ,., oat C� iOts
2n U,t;�t?: tG00��I'3�J l.! C)r };,s •,,. iC'.6
a '' f j
C�7ar ct :3tiCS t:1n yro; nd surrounds ^y conc:iti�:r•s •
existence of
inPro-ve:7er,ts , public facilities , open spaces
alii. Iiti'-S hich• cannot b(, a i / and
�:0vernmental action 'without• rode ejo ed bA -�rI' Mat`'- ^r
o�'rnent ;
{4 ) the prevalence of dearecia`ed values � ' r
i,ilpc.:�?d
investments and social and eco:iomic ;nal3dju5t.ment ;
t=) the exist•2ncc- or lots or Other areas ''which are
subject to l:eing subrne: ed 5
�, - y water ;
ater ,
conditions cause a reduction of , oI extent that
c,f, proper
U '- L 1 :. .•: `- :OR of the a:ea toSUsuchan •�vt a ;� � �
t i - constitutes
a s'_: = � .: physica ? , -0Ciai or ecOnorniC 5ur�:en or, the
C3 nno reasonably be o
:'; `� .. n L' :/tC
�Lor the roject..
:;:ea Will
t:. i 1:, ;1.•�nt of '-hL B • ?3 in cor e
^ , :a of „A 7t� .e CL tal < <or^ :a and i.1
safe :.,. anj
(c) '-'e d'option a^, Carrying out or 'le Redeve?opmnt
.. J. - A a• JL�Ct Aieice. .J •� nCrili :1..i�1.L�' .G.0�,:.i.J am�i fF?a5 .•.�'}1 1en
co _ �. �o^m• � .. fo. t;.e ?:c,ecz :rea
-G.•?Cp) .�r•' a T: v'` i ede:'elo-Oment ?;a;t
�f r• -.�we L.. r�: _ .�:^,.S will effectuate t4h e pU''poSeb
Of . r . �r a _• .7'���V� �n t 1.a� cf t*-- S-at..>.
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�s.'. 'i ` ?I lri . '_5 % i `;� in :`� ' : 1 "13r:C . ai " `':t,^,;
end c:er:: ns JisDlaced , is Win'; , Cro1,i the ?r �3��ct :;. •'d , :;�C'3n
saI a and s �ni t r" :'.ram 1 1� r� t 1y nc:, egElal In nG:r..�e_ +t0 4::C ^+u:^.b?r oi
and, ava i .ab1 e to such J i sp:.aced :3.1;1 ies an persons 3 1.3
reasor.a�'.' acc,2ssiblr to t:Ieir places of employmner.4 .
( i ) ^he Project Area is either blighted or necessary
for e f f e c t i "-e reJeveIor)ment an:i is not included for the
purpose of obtaining the allocation of taxes from such areas
Pursuant to Section 33DO70 without other substantial
justification for this inclusion .
( i ) Inclusion of any land , buildings , or itiiprovements
which are not detrimental to the public health , safety or
welfare is necessary for the effective redevelopment of the
Project Area ; and such area included is necessary for
effective redevelopment and is not included for the purpose
of obtaining the allocation of tax increment revenues from.
such area pursuant to wealth and Safety Code , Section 33670 ,
without other Sub-stcanrial iustification Lft�r it-M inclusion .
UO ':he elimination of blight and the redevelopment of
. th Project :area cannot to reascnabI expaCt?d to be
accomp1 is.:ed by pr ivate entert:)r ise act- im alone gloat- t+ie
aid and assistance of the Aaencv .
( 1) The use of tax increment funds outside of the
boundaries of the Project area for the ou:zoSe o`
increasing and improving Lhe community ' s supply of 10::--
anc moderate-income housing , as provided in health and
Safety Code Section 33334 . _� , 4111 be of benefit to she
Project .
Section 11 : Permanent Ahousina facilities ::ill be available
W ithin 'Chr?e taj" '' vears from t1ie ti;"no occupants of the Proi(?ct Area
are 6 i splaced , i t 3nV , and j7end i na 1�40 de:'e 1opmen t a 4 such
At,aCalit .e5 tiere will tD :'c3iiak: l(? t0 SUC.+ ; :SD?aCet3 GCCUp3nts
act:auate temporary housing facilities at rents comparable :o those
n t r-m it. i he `' - r• their
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i. �.ile cc• ..,.gin � �t t.. � ir.� _ f _h r c. iap_•���e.,�ent . :;1 ot.,� .
provisions of tale Community Redeveioprr,eink 4Law with respect to
relocation sh?- Il be fully cc,;;pli_d with .
Section 12 : The Cite Council is ;,onvincec that t`hp of act of
t y 3 ' ncw'-emen... i i G:.6nalcina will not cauat� a s,2 ere fir.a icial _"'irder,Y �.f
or detriment on any rtaxing agency (.eri:' inC revenues f'—,I the
P:o jec t A.-ea . ,
Sec"_ ion 13 '"he tie deve10pment Plan for the Project Area
4rovides for. _ expenditure of „oncl bv �..e C: �. g n
Beach in carr','ing out the Redevelopment Plan , and aut^Gr 1Zes the
Cl .v to finar.claIIv Gasslst • the AaeIlCy bv wsat o oan'.s , grants , 0r
other financial SU0Dort . T`,e. City Council 1ie:ebv provides t'.:at
such financial as.,- istance to the agency shall be made from ti.-me to
/. {? : • ✓i:f��� i ! � .. !rah:�•'.%.� .� :�' , ... i �. .. .
C .ate c.1:Y.iL �,.1(:1.'� •.�, -: L .. .�f� �.i/:.•-y' "1_ = r.7 .J � �i_3!�.. �ri �..
tl:,`�•� , '•�';; :C:. ..��a i ? Aar a :o2as r) a1)1,� er-i st ra e 'u'.f'/:. .�. r•'_�c� t�: ,
..n_ess t^o 1.i CI.unC l l JhC311 ar.env i.?e� 1 1 ,.� ^ 4 .. i'_ c11 i�?:i
assistance shall "e treated o.!%erwise than as a loan .
Section 1.9 The City Council hereby declares its i ^; en: icn
to undertake and comolote any nroceedin�.is necessa_ry to be carried
out by the City of Huntington Beach under the provisions of the
Re:ievelooment Plan for the Project Area , and directs that all Ci tv
departments , commissions and officers cooperate with the Agency it
carrying cut the provisicnz of the Redevelopment. Plan , and to
exercise their resoective functions and powers in a manner
consistent with the Redevelopment Plan .
Section 15 : Upon the filing of this Ordinance adopting the
Redevelopment Plan For the Project Area with the City Clerk , the
Cilty Clerk is hereby directed to send a certified copy of this
Ordinance to the Redevelopment Agency of th.e City of :Huntington
Beach , and said Agency is vested with the res_onsibility for
carrying out the Redevelopment Plan for the Project Area .
Section 16 : The City Development Se.vicrs Depart:tent is
hereby direct-ed , for a period of two , ea, s .:.:ter t`e effective
dwte of t:i Ls Ordinance , to advise all applicants for tuil-3ing
per.��its in the Project Area that the site for wich a building
permit is soag:/t for the construction of buildings or for other
it/provenents is within a Redevelopment Project Area .
Section 17 : The City Clergy. is hereby directed to record 1.:i _h
the County Recorder of Orange County a descrieti of tho e land
:v'Itllin the 17roje?ct Area and a statement that oroceedinas for the
redevelopment of the Project Area have been instituted under the
Coninunity Redevelopment Law of the S4%:ata of California .
Additional recordation of documents may be effected pursuant to
Section 27295 cf the Gover.nrent Code of the State of California .
Sect :on 1v : The City C?er: 's hereby directed to transmit a
co v a the desc.—iction and statement recorded pursuant to section
33373 of the ealth and Safety Code of t:.e State of California , a
copy of :.his Ordinance , and a .,lap or Pict clan incicatin,7 e
boundaries - of the Project Area , to the Auditor and Tax Assessor of
the Count_. of Orange ; to the officer or officers performing the
functions of Auditor or A-7sessor for any taxinc agencies which , in
leveling or collecting its taxes , vo not Use the County Assessme::t
Roll or do not collect its taxes th.roi:ah the County; to
governing _nc4„ of each of the _axirg agen`ie_s which i-_:ies taxes
upon any property in the Project Area and' to t::e State 'Board of
Equalization. Such documents shall to transmitted as r o m D t 1 11 a
practicable following the adoption of this Ordinance , but in any
event such documents shall be trans,+fitted •witnin 30 days _oilowina
the adoption of the Redevelopment Plan for the Project Area .
i
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City Cler',,
11PRUVCD AS TO F1,i.'n1i : i III T�T+ir�?r�ROYcJ r
'.
ttS ►O CON' � r
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City nttorne ♦.trector, EuStneSS I inaustria ! Lnterpr; ,N
EJ AS TO F Or..•, r„
City Administratcf` ,
2Y :
Special Retie:e i oprzen t Counsel
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I , ALICIA M. wE;,7�URTII, :tie duly elected , qua f i e d City
Clerk of the City of ,tuntington Reach and ex-off:cio Clerk of the
Cit,. Council of the said City, do hereby certify thnr, th"e ::hole number
of membere of the City Council of the City of Huntington Beach is seven;
thnt the foregoing ordinance was rend to said City Council at a regular
meeting thereof held on the ith day of Septern5er _
19 82 , and was again read to said City Council at a regular
meeting thereof held on the 204h day of Septerter ig 82 .and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council .
AYES: Councilmen:
MacAilister, `•'ar,dic , Firley, Bailey, Kelly
NOES : Councilmen:
Cl
A.BSENT: Councilmen:
City Clerk- and ex-officio Clerk
of the City Council of the City
of Huntington Beach, Calircrnia
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No . 539-0/104258
R1
TERRY
• PARK
• SENIOR
CITIZEN
AY
HOUSING PROJECT
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TERRY PARK SENIOR CITIZEN
HOUSING PROJECT ILEGAL DESCRIPTION
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'?:�: .7r%: .1:'.`:i .:� �r.iy, .�C:+? :3r�:- +il�f '?t�. ��il'�r; err!''•:1t:�i�.� .. .) �' rlyt,' ..:'.': ' '?,.i }+�•,
r il?r 1 : ei ,- .i?ti !: , ?�• 1 s r� r rv' r
I .�„ in ,�.r ,o _a , .,'�it'a.,, Ct. ._ it\' of
range. 5 t n ,uf -rii for in. an shru,.%,n or. a ,map rec0r•.il!c1 ir, 3 51 aa.lf, : ' c`
t 'iscellareous ���+,pi, in the Office of the C:iurty Recorder of s.-ild lnuntr t-Jeic, .laed a
fo 11ows:
Beginning at a point on the west line of Block D of Tract ro. 570 as s`~c:•:n cn a mrio
recorded in Soak 19 nage 71 of f.li,cellaneous Maps in the Office of the County ?ecorder
of said Count-.,, said point also being on a line parallel with :and 360.00 feet north
measured at right angles from the south line of said Block D: thence east alen; said
parallel line 666 4- feet. to a point on east line of said Block D, said east line also being the
.vest line of Tract no. 8197 as shown on a map recorded ir! 3ook 452 page 4" of
tiliscellanecus Maps in the Office of the Ccunty ?ecorder of said County; thr_nce north
along said west line 300 4- feet to the north line of said Tract no. 81.97, said north line also
being the south ling: of Tract no. 172 as shown on a map recorders in Book 17 page 21 of
Miscellaneous Maps in the Office of the County Ir.ecorder of said County; thence east
along said south line 2'45 + feet to the +!ast line of lot no. 148, Block A of said Tract r.c.
172; thence north along tt,e east line of lots no. 148, 1=:2, 136, 130, 124, 1:3 and 112 of
said Block A. 175 = feet to the north line of said lot 112; thence •:•$lest along said nor.`', line
=t9 i feet to the east line of lot 105 of said Block a; thence north along the east lire o:
!ots no. 1059 791 93, 87, 81 and 75, 150 « root to the north line of said lot no. i 5; therce
west 196 - feet along the north line of lots no. :5, 74 and 73 of said 31ock A am-, lot no. 13
of GlcCk E of :,aid Tract r?o- 172, to the wrist line of said :ract r,o. 172: t:her.c2 rort`s ,jlr;rq
said west lire 5 feet to the north line of the south ono-half of *t;e east cne-half of the
northQa,t one-quarter of the northwest' one-quarter of the northoast one-quarter of said
Section 35, thence west along said north line 150 feet to a line Qar::et with and 150 feet
west measured at right angles from the west line of Tract no. 172: t`ience soucri along said
Parallel line 225 feet to the intersection -:pith a lire, a d. Election angle to the rir,`;t to said
inter.-ccting line measures 330 `91 221"; thence soittflwest�rly r3!on7 Said Intersecting 1,1nv
190 feet to t:ia intersection with a line, a reflection angle to the rultit to lair: intersecting
line rneasu;t:s 270 :8' 57" thence_' southwesterly a!r,^g 5ai : intersecting line 700 ft!et to a
point on ti line parallel :with and 510 feet north meat.-u-,d at right- ;3nciles fru-in the mouth
line of said mentioned r3icck D; thence west alnng Bald parr!lel line 130 feet .o the :'lest
line of 13lock D; thence south along said west line 150 feet to the pnint Of beginning.
C0t1C0!-SI,IiUti PROJECT PROPER'7Y
T,I-nt pCr t:Cn of 'he north onr+- ;:31i c f the rc;,'hcn.,;t o 11 :.on 5
south. range 11 -vest, in the Rarcha La:- in !-e city of C_JU,1L�
n f Orange, State of California, is ;haws cn a rr ao recorded in Book 51 ;.a.7ry 13 of
'Aiscc lIaneous 'Aaps, In the C f five of the Count r'y Recorder of t,,iid C ur,t,. LCSCrt7ed a i
follows:
Beginning at a point an the :vest line. of Blot k D of {rac t no. 579 as .s`-oti•.^ :r. a trap
rerorued in Sao'•% 19 page 71 of 1 'r3a, in the Office of the County R zzUrr!",
of said Ccunty, said point also ` eing oc-, a line o.nrailel %vith and, 350.00 feet north
measured at right angles from the south line of i3id GInck ~; thence east alcil,7 saki
parallel line 660 } feet to a point an the ryas., line of said Block D, said east line also be:rq
the .vest line of Tract no. 9197 as shown on a map recorded in Book :i52 p}ig,2 -'.i of
,Ascellaneoua- %Laos in the Office of the County Recorder of Said r0unty; thence rtort`l
along s:;d west. !:ne 2'30 fe3,t to a ling parca..11ell v.,ith :,nd 590 fr'r't. north nicas!,red at ric,:tt
angle:: from the south !inr. of f;lo k D; thence west a!onq sr,id parallel line 90 - feet to the
intersection with a lint_', a de fle-zl inn angle to tie right. to :.aid Intersecting iir2 measurr's
330 291 2211; thence northwester!v along s:3i J line 1-'46.60 f:'et to Vie intersenion with a
perpendicular line; thence southeasterly along said perperdict:lUr line 77.16 feet to th:i
intersection with a line. 3 deflection angle to the right �n said irterse, ting kne ,' fl msu.es
27o 381 5%'�; -Lience st1IlL�lt• e? terN, along said Intersecting line 2�O feet to a ;)oirt cn a
line parallel .vtth and 510 feet nar:h meat:ure at rin'it angles frcrn the no;.,ri ling of said
mentioned 91c.ck D; thence ;nest along said paralle! line 230 feet to the rvnt,t i;ne of Black
D; thence scut`-: alcnr ;-3id ':lest lira 151? feet tr the point, of beginning,
��j
"'a on a 1:�r 1h orip-ha If of the nor 11h ;i't f?-,i ua r t r U
i of � -
I,- sas, :n *t,e r,iL-,, - unt ir.'-tcr !3-a-n
sc,ith, range In _0 Rancho 1-:35 rlolJ
r)mange, State of California, as shown cn *i map recorded ;n Hook 51 page 1.3 of
1,11scellaneous '--laps. in tt-.e Office of the County Recorder of !-Niid 1runt.., described as
follows:
I
Beginning at the southeast corner of 816ck D of Tract no. 570 as shown an a ma'0 recorded
in Book 19 page 71 of t-Aiscellaneaus 11,taps in the Office of the County Recorder of said
County; thence north along the east !ine* of said D, also being the. west line of Tract
no. 8197 as shown on a map recorded in Book 452 page 44 of Miscellaneous fviaps in the
Office of the County Recorder of said County, 59G feet to the True Point of Sleginning;
tilence north along said w.!st line 70 4, feet to the north line of said Tract no. 8197, said
north line also being the south line oTTract no. 172 as 3hown on a map recorded in Book
12 pace 21 of Miscellaneous Niaps in the Office of the County Recorder of said County;
thence :east along said south line 24.9 + feet to the east line of lot no. 14G, Block A of said
Tract no. 172; thence north along the east line of lots no. 148, 142, 136, 130, 124, 118 and
112 of said Bloc', A, 1/5 feet to the north fine of said lot 112; thence west along said
north line 49 + feet to the east line of lot 105 of said block- 'a.; thence north alcn,] the east
line of lots no. 105, 99, 93, 87, 81 and 75, 150 , feet to the north line of said lot no. 75;
thence west 196 + feet along the north line of lots no. 7`, 74 and 73 of said SlacIp.- �+ and
lots no. 13 of Block E of said Tract no. 172, to the :vest line of said Tract no. 172; thence
north along said west line 5 feet to the north line of the south one-half of the east
ane-half of the northeast one-quarter of the northwest one-quarter of the northeast
one-quarter of said Section 115, thence west along said north line 153 feet to a line paral!el
%v th and 150 feet viest, measured at right angles from the viest line of Tract no. 172;
thence south along said parallel line 225 feet to the intersection .-iitti a line, a 6-2f-le:tion
angle to the right to said intersecting line measures 330 29' 22"; thence sou!hvie storiy
alarq said intersecting line 112.86 feet to the intersection •.-pith a perpendicular line;
thence southeasterly alonq said perpendicular line 1461 -60 feet to the intersection viith a
line paral!el with and 590 feet north measured at right angles from Vie south 11m, of 131C.',
r t.thence east Mong said parallel line 90 - feet to the True Point of Beginning.
MAP SHOWING • •
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EXHIBIT 11511
FORM OF NOTE AND TRUST DEED
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Do Not Destroy This Original Note: When paid, sold Original Note, together with the Dead of 'Trust secur-
Ing some, must be surren to Trustee for Cancellation and retention a reconvoycnca will be mode.
NOTE SECURED BY DEED OF TRUST
(STRAIGHT NoTs)
$ Orange Count► , California, on or before
two years after date, for value received, I promise to pay
The Redevelopment Agency of the City of Huntington Beach
or order,
at Huntington Beach, California
the sum of _ DOLLARS,
X ht?' iK k X: tifzlC payable in increments pursuant to the
release clause in the Deed of Trust securing this Note , and in
full two years after the date of this Note .
"��-`' , �!YA(( /���(�f{{�yW�yyy,►Y�'W/yV�/M�W�,y�lyylryyr//�1�1i(L�imo{{i�j,��L'1��jC��Vyy1,,7l7,,Y���«��N,��/�/ �-tt,,1���yy���7I/\'f.�Mj/tti.��{M,,,�u•(♦��1��1y1y�1,V1itRWdl ,jIYLY'uAlW}l
�2"l/ . YtJSY1 A'A!}S,ry YflYJ►R��'1J'.4�xIMiiY��/Y11� � Nti,.�1K14YiV1'i, M�f1Yi�Mr � j�'l��r��,��
default be made in payment of interest when due the whole sum ,S
- ehali become lmtnediately due at the option of the holder of this note. Principal Writ ' payable In
lawful money of the United States. If action be instituted on this note I promise to pay such sum as the Court
may fix as attorney's fees. This note is secured by '.deed of Trust to TI't"'r_F INSURANCE AND TRUST COM-
PANY, a California corporation, as Trustee.
THE SvILLTAIM LYON COMPANY
Bv :
(Title)
TO AIG CA (11-W THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
DO NOT DESTROY THIS NOTE
:1
Aho WH[N AKCOADIED MAIL. TO
1
New* The Redevelopment Agency of
s„Rt the City of Huntington Beach
C y ty Hall
i:` ( Huntington Beach, CA
SPACE ABOVE THIS LINE FOR RECOROMS USE--r----•---�
SHONT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS (CORPORATION) A.r.N.
This Deed of Trust, made this day of , between
THE WILLIAM LYON COMPANY
a corporation organized under the laws of the State of California , herein called TRUSTOR, ,
whose address is 19 Corporate Plaza , Newport Beach, CA 92660 ,
(number and street) (city) (state) (zip)
Title Insurance and Twat Company, s California corporation, herein called TRUSTEE, and
The Redevelopment Agency of the City of Huntington Beach
herein called BENEFICIARY,
Wlttlesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST. WITH POWER OF SALE,
that property in the City of Huntington Beach, Orange County, California, described as:
SEE Legal Description attached as Exhibit "A" and incorporated
*� herein by this reference.
The provisions of this Trust Deed include the contents of
Exhibit "B" which is attached hereto and incorporated herein
by this reference .
1
TOGETHER WITH the rents, issues and profits thereof. SUBJECT. )iOWEVER. to the right, pot.er and authority given to and conferred
upon Beneficiary by paragraph (10) of the provisions incorporated herein by reference to collect anJ apply ,uch rents, issues and profits.
For the Purpose of Securing: 1. Performance of each agreement of Trustor incorporated by reference or contained herein. Pay.
ment of the indebtedness evidenced by one promissory note of even date herev.lth. and any extension or renewal thereof. in the principal
sum of ! executed by Trustor in favor rf Benrficiary or order. 3. Payment of such further sums as the then record
owner of said property hereafter may borTow from Beneficiary. *hen rvttfenced by armhrr note. ►or notef► reciting it is - secured.
To Protect the Security of This Deed of Trust. Trustor agrees: By the execution and delivery of this Deed c' --ust and the
note secured hereby, that previsions 11) to (14). tncluriv-, of the fictitious deed of trust recorded in �;snta Barbara Count) and .15onnma Count)
October 18. 1961. and in All other counties October 23. 1961, in the ba,k and at the page of Offfctal R:cords in the office of the county rkcorder
of the county where •aid property is located, noted below opposite, the name of such county, vie.:
COUNTY BOOK PAGE COUNTY MOK PACE COUNTY BOOK ►Ar1E COUNTY BOOK PAGE
Alenvede 435 6" Kkgs 792 $33 ►lator 195 301 Si*rro 19 335
Alpine 1 250 lake 367 39 ►lutnes 151 5 Siskiyou 444 tat
Arnader 104 344 lassoo 171 471 Riverside 3005 523 Solana 1105 112
Beer+ 114S 1 let Anq*1*s MOSS R99 Sacramento 4331 62 Sonorna 1151 639
Cale v+ros 143 152 Madera sic 170 San Benito 211 313 Startislaus 1713 456
Celvsa 294 617 Merin ISO$ 139 San Bernardino 3367 61 Surtar 372 211
Centro Costa 3178 47 Mariposa 77 192 Son Francine A332 9AS Tehema 401 229
Del Norte 11 414 Mendetine 571 530 San 1oe"in 2470 311 Trinuty 93 3"
E1 Derode S" 454 Merced 1547 S38 San twit Obispo 1151 12 TwInts 2194 273
Freya 4416 372 Medot 194 151 San Mete* 4071 4" Tuolvrnne 133 47
Glee 422 194 Mono 52 429 $on►o Barbtra 1474 140 venture 2042 396
Narnbt,ft 637 527 Montottry 2194 331 Sortie Clara 3336 341 Yele 433 243
Imp"I 1091 501 Napa 439 64 Sentn Crut 1431 494 Tuba 316 424
lure 147 398 Ne+eda 303 320 Stiaate 6a4 520
Kom 3427 60 Orange 3419 611 San Dieo* Series 2 Beek 1961. Page 113907
(which provisions, identical in all counties, are printed on the reverse hereofl hereby Are Adopted and Incorporated herein and made a part
hereof as fully as though set forth hereir at length. that he will observe and perform Gild provi.►ons: and that the references to property.
obligations, and parties in said provisions shall be construed to refer to the property. obligations. and parties tot forth in this Deed of Truer.
The undersigned Trustor requests that a copy of Any Notice of Default and of any Notice of Sale, herrunder nr mailed to him at his address
hertinbefore set forth.
STATE OF CAL.IFORNI.A, }55. Signature or Trustor
COUNTY OF )}
On. before me, the THE WILLIA!•1 L�'ON COMPANY
undersignt.l. a Notuy Public in and for said State. personally a corporation
sppta
President
kposrn to we to be the _!'resident, slid By
Secretary
known to are to be the .WStCM&r7 of the
aogvrittion that executed the within instrument, and knovrn to me
to in the persaaa who executed the within InA mment on behalf of
the corporation theirio everted, and ackwwledsed to Ire that such
corporation cie.-wed the within Itwilru sent pure aw to its Sydawa
or a rtrso)ition of its bond of dirctters.
WITNESS me, hand and official test.
Signature "
:T14,. area Inv official nntar,al wall Lei
1
Tttl a No. —E-.crow or Loan ti'o._.
to fosse c•,t tst tart"trot
To Ilroiert the `ecuritl of 'Tlltf Dred off Trust, Tntotor Agterp:
(1( 1f hoer I*.d P-eDa-at •• $esd 6er0•1-*. end !too••. .ta to ,r.p.o e• ofefrl,ob a•, b..le•av larlrt•, to s, r0,0*,o •,I .c good •fee r*•$•Nl•ee
mf-car• m•► !,r•11•.I wk.ta rof be raw N'rUN, e*.mDa1 safe q1-,reed Nf.frr ere to N hm o . • e m •r
rn h 414s to, 1*be, p too-•ed mad m*afJ.oll Ir-4•N4e fiWilto,. a*
If,e r'e ..Igo ell I0w1 m4et4+•b 14,e eaep,', a' ,aer.n*t rof al•a,o1..41 •, ,1•ea*-salt oaf to bt -silt e0.9,*40, r4I It to.... op. ►o••., rail• N.r-so), -*I Ir Gt-lid 6r401, *1
po-aw" *at Ott woa. We a.40o,tf 10 ♦.reel-•)• as fee, le 4.11-vole, l.,o ge'r, 1*'S,I.Io, #w r.gdlla, r...* are a• sale *,r a, gill kill, 1,e. f\r {hm,•Iie' e' r,f Ct Ga'd p-oN„♦
r*1 be lo*or.abl► **toots,?, Mr 1004•94 r.y.Nfl'o.l hrfe-. .01 e1/Irene/ far gser,fil
(:) I♦ ea.,.t1. ma'e11'a god fell-0, to 14-*44'n, A-r ial.,0r4* Go,.41e41ef► all 044 -so logs feago0c, 14 I*MAlf*'o 10.0 e••r.Of $ftlrotod w./*, *at r•.f b- yak*.
-1r-recf ►al,fr rib/ b* mppl.ed by 1*Mr A4-mf► -for* eft► i-mobted-*61 lefr.od kPgot 0.9 .• Ir,k room, *4 b*•eAt'so" .ot folo'm.se, e, lot *of.** 4e Iof*Ag.o+f 4%, Mein'•
o-*..I is 40.*e14411 a. mop **,I{ffo,641 -cif be 4e,f*-/d la 11r0/0, If.Ik appl.lal.a• sat 6*10666 $\oil .00 Orr• 0. .0„0 not dflsoll a, 661-4* so Dafarll •trr•*N, ro .••el,amtt
ewe of, eery "agrees to lots- .00,4*
()) 16 *place- all asd N1404 0-1 fell*f 01 1-114*01.ng prtpeo.l,mg to gogeat Ike overfill boo Nl *, the tights 4f N.CoI of /w-Aseis'? s, 1,w/Isar, sod to 807 #If g*$Is
god *@Daniel. 1.414d.et Cott of ta-et.gv of 011ie pee •foot-lie I $NI all a toolo.6644 so-, or 6.1 $walk aNN• a- 0444eod-op I- .k.4% I.604.0" ea 14r@oea goof opNss', *•1
.• 0.1 Cy,e b'owgbl be Ie.t,t.at? to 1e.e414/0 I0411 DDati.
(4) to oat a1 1e001 1.- does b*#of* dmh.e.m.lr off total sod p#sCgtrg*•$ 840111ag ►sill 00*•4,1?, Iw41wd-r.v dCs*nfeDalg 40 0e0.000•4.0 .0194 11046, .ha• do*. safe
ielw-b,e-f*,, obsesses 0064 Wall, .Ilb fallefoll, f• sold P'caDa'll a, 04, DaM )04.101, .6.1% epNe, •m N Pa•*' a, orDa'•a' kr,*le, ell total. #MI *ad eapr•Nl ve em's vivo,
3h4ri4 1004101 }sad 40 -ef,t goer poI-sal Of Jw ee moo Ole of hme?io Moil.'"/, 1►caw g*mtAl-oet r0 tolittoa, bail .400,40 rib;,It,.osa IS 1s do and .1111fi4yl felts -s of
demand r►*- 1tvUot 0*40 .its-eve eefmoliat first*# Joe. Sol, 061.pel,b„ b*-gal, .@I labs of do far 10-* 1s lailb 041nw40 m-d .r Ire► *store at sill.*. fear aril- .0104640,
I* plasmas ebr locw-.t, ►*.eel, @try Afle•/ e' llrfkr* boor./ S.4aea.f*d to 0-N4 also- $0-0 P-ommIs-ri, I art► 001"0*9, OPPOO' idl NI *fla-d garf.
aaso a p, '*gNRf el t'op*.1.*g
la cill"I toot It$w,.I, by-line ea I164 t4fhie of of.o.g of b..4Ag.sslt me t,.ltoo, "I, w-ehOoe, of-soh, or, Igo Mow.se ell In{Yse►*awl*, shseta 0• 1•a. wbifh is MC Irlgoe.l
me *.Me- ft&•Daaol to be *'.a. of swSmtio, haof#o, sibs. am *4ea4,1100 gar seek Portal. OTT Mllslvol *aalMoo, e-pta, Iovwsal mad Hs hot seetemobli, fast.
(si to me, tse«ad,ela)► god .oak*.$ Classified oti $w•s 40 es►*rr*d for 1.001,4104, of levlOM, .fell t000l041 hoof CM#4 of 4opemeilWs 04 go* p.*vol *holed b, for
•• eeftl at tell dale \e•N0, and is pot fee am, stater4.4 P,*aided IN b/ is. am *Most of -be dye* bsffal ptded-he f►t ebfitg,,*a Norted caf/mGo? so? @.*yet sompnad
b? 1% Ivm4A4.or? are to seemed IM sesairiete 0111-*411 be In. gl #be time .bee told 0*#fee*41 is 0e0001004.
111 T\gt roll 0.044 el e8-0*s4 io Its.-11e.e. .ifso pet aealesewe4 gw off &*bill woo Of at 111(rry O* eels 114101100417 01 gm► 0411 Measles Is bofebf ollipm.d "Go shall M
Pe-0 00 Igo illiaff •fat seer kepi, of rtlrpls swift ao.clf fo4f..*/ or A'. to the t*-a 0-04440 anti .ilk he some ghost as ab*to swag-d*d Iv d-1►4ti11g* Of 0-010041 al
A,t of rake, i.trowage.
171 t►e$ be • aling polo-set set of met sl. a*awad M$too 0 4, Ill Ie.4 ante. Ifa4Au4fr 40*6 leaf welts bat life" fltbt, le 0SCIN"r Pl*ma' Me-art .far love *1 all
• $w
Gel►n, s*-$ a stswte ea to docile-9 dtlerll to, fgilr#e 64 to Pat•
(If lhct of 0-1 time a- tfbm $.-a Oe time. .ilhoaif Itg►.1,17 sibs'[,*, mad .,Ihovl anlia*, reds rfillo• toeo*II Cf beNAfief► end O'e69e146er of title D*rd did said
welt Jea C.ga,Case swl, r*at .iffloof seagoing Ibm preserve lif►il-11 of ass Pa•$v* lot ao?cetnl of Ike iode►Ivd.el$ s*tv,ee hetgbe, lewo#M -0, trendless, 0.7 vice lit scald
&/e&tHt. 141044.f to eke sesskias of 04, -cap o' plat these*$; fe.. IS 914141',g do, Nee-erf Ik*tooft ea $ss-. Ilk go, d*1logiadl •pe+.trl 04 a-, notem.a., 6
.bafti.4a)i*t gibs
live of shaete ►eaoal
1/1 $be-, dome .tiller lair*$# of 64"44.0#y glahag foods all 1.•$ $Closed hotel r he.* boo* mete, slid seem foreta/ea of Mil Mod and laid 0*$* 14 110041 OW
targellelu4 and foloof.e• end seem He-owl of its Irma, lewspm Chet) recgwfal. --above roeffailty. the ►#Borrow 00,44 kmld hateraset. tkr Ie4.9*1$ .o Ire% fenm•*1*04e of
s-I -410al,s *I IpUt slide M to-fiv$,-* 01**1 a$ fit* #•fell?alofas f►r-Cal. Ike glo.ave to owlb /1{caa•1/s.se .a, be d4sitibed So "Me &ot$** a' 111041,4604, Imvoll► C-011644
(, Ihmectfg.•• to.* Nut 011ie, 111".(@ *f ►re&- fall Is41w11rM/f, 11r4fdlf -my destroy Gallo wrN good litis Dnoe trelvis doefl*d 1n $will foevesf 10 /04004 61-4a'1.
tool That de edd'lierfl c*rrtil/. lo*$Iea "#mbt I..*$ to end lo•Im-1 wM• I*.44f Meer Ills fight, ►os,eo gal er/►e-ite, deltas Ilea lomeioveego of [Alfas Target, to $*,beef
Ike takes, 664w5 sold P40AIs of said peaeeMt, rgsmeeiao v./e lowelsof the right, pi*, la OR, def*ril •t low$$&$ t. Segment N mkt indebtedness t*twgd "fabr e4 I. peafar.•
ciGgt of aa► p?liefoolort keasOwdrl, if 101149) fowl fetal. ♦wtio 00•14, ilirec god p,OAl$ so fellow byte.* are 0-4 po/Gobls upge 4.•1 ►wr officials, I04e A4'Sr, fee► s- *IT time
-officers roods, o.sk*, to a,r'l*n, or even), m, be a "go", #* 04 emOoialod be s Covet, a./ .)there rallied is #be Reboiling, of may soerait, too 0" iM*blydNll korOb,
$g91,1*d. *meat ref god take pasNN-a-t of oO:d S4opoatt of Oa/ poll IbsU01, is lnf f.* 4s r.* see to, a• ofAftwiss collect swab 1*set, Ise**@ and 0,0011, 0*41*40-fl to*"
Pilot lore end vopeid, SOO apply 014* come, logo :site good emplys@$ of b&ctfe4-eo *fed fo,l"O'Sa, inttrd.me iee'S"ble e#4ea M1'1 IM1, 4.Wr amy Igo/*►se1w011 New': kMfbl•
Good in sr4h eae*, of bo4CAtog,y poor /*fvomike. The p.-te-i.t rpm. good #*hills posl*aliew of said p't Sorl?. ,he 4oll0.lama Of Owl;- e*411, Isswl 064 P40AII anti 11-0 4001-1*1-4*
1404e01 of Heaoomed. •hall met fall* 0, .sits env default ry 401,40 at dolovit M4ssvm dea Of i"aflidato oar aft 0004 pairsrefl $4 $w4h motif•.
(III that room daferlt fat lerl'of in ofe•r.l at ens isdabfadaree $*treed keaolll of Is pm,Jea-0*40 of do? otterasff h«grade,, IeafANa,r .0, owlet* 41 swami
$#fitted klafb, 14rmssd-619e, low and pa►olgie be aNi•re, to 1_0wa104 at .Igm- dadme*har of dole.11 0*0 desisted #to solo 0.e of wolHs. 4*1-to of galena died of *1*e01e•
Ife gewso to be told said eaemmtt►, -kith settle Isolator akell :ows is be Alyd lea earg.d. 14.vA9,61, slog skell dmpollf ..Is ltosly* this Dowd, said •men red all deals.
asset$ *.iGomngiat e*pwwd.irrfe seewod ka.oby.
A41e4 #$-a #mesa of $reb hie *o rmy flow be fsari,d be IV. folioa,ag thf iec goo Nfipa of said w*too* of #*level, Sod 6*1-90 of late b.iag bear Plt*. at @how tnewtad
be far, level**. rllhawl s*.aad On live)*,, shell $911 lead plobm'ft al 1m* time end Piece Acted 61 to I. said Mile of sett, ailAe' as a -hot* a- in $goal*#• paiee'l, end
rw ■rck etch, as ill mot Moe-rime, of p►bW srf r'mw 04 Ike kitkoto bigdo, to, Cola .o Is•fwi nanti of ►olo United Iiosel, bfN&\e e- t..a of solo. torlose sear ►eetNwe
sate, of all of de? Door;#* of s*ie Cfeoa-4, by &rblig fasovotosee.f as $we% It-* o*d Platt of sale, end Ire• faces to large fhotroflw mot VW8IPQ-v &rill 6e4 by /t►t-1
Ohmwmse•t ea, if fact fa-m Acted by Ihs eatoeed.kt pf Up*rym4r1 toaster $bolt dott.or off IwIA pwofhelr, ill Ned noteli.f lbe p•bbVel $0 *014, by) .0kovf am, C***-*Of
M . '44*41. cie&atli or iw p1-ee 1k• to'
ifeis U tuft dead of so, wastoeal of feel% •hall be 40t4106-es plant of Oka ot*ol.Jwlfeal tbm-g*1 Any Serge, imtled-ca/ lowalea•
Irrstvv, a, 3eoa At-a-? at ►o-r-wmloor do Aare. -m► pv.cAgss at *veto sot*.
After deflecting eat fells, lest ad seDaet*% el toiletry sold of 16,4 14.1t, 1.1104.0.6 feet o1 mridnnte of Ifels in 404-444.00 ale$ solo, ltrsove $►all apply tee pageants of
Hit to pet-1M of all ow-I moN.doe roes" 11.0 sea-$ b*rreff_ afo MN $*paid, rllh 411tvr1 footloose of the Raavol elle.Ott or IS. fw Offset M I" Date heaerl; off relief
$was 0.4m $gca•ad 1'e'sbt: tdlti tag lomesi.eof, 11 041, Of lib* 04#$e4 of Darlerl legally /./111140 elGOWS.
1121 &t**Atiep,. of sot soccolfo4 to •w4ro *tip of a., 'aGo4h#edMU $gtrtel ►oeeby. .Goo fee- time 14 time, of, logfro.*rt Ik w1-t1„0, ov*efi#rlo Go ►rageHea fi ewa-
Ce11011 10 *lit terflor aem4d ko ip.w for set-at harrrrdn', .%ia% tml/Irmo-*, legnlrt*1 *I It's Igo*e Aeto•, and drlr egk.drfed/ed Slid seemed*$ to ehg 00194 Of M* faeme004 Of
fie lowest e- n.we'al .koala said &eoant„ is s,lveted, 0fill *4 eeatlrsi.t MNI of poeN, frbilifelimo me owah $*gntle, levpno at lewasoll, wet skdff, .,Ihw1 fo./everfe
from f" l/wafve eaedecollme, $gcgoe/ or loll Ile file*, estate, 1.011,11, D6•011 end drf,.$ Will if-glowmeal -del ts-ts.a Ike •arm of far efig.epl lewasea, tossers awd IaMAf-e•,
lefOrtm*', e0-4 book See pe*a .114rg We wmd to 0*4040" nod toot warm end aedlots of tM wOw hreloo.
1131 That We Mod •Oily/ to, iereft to I%* blryge of, nod bi►ds sit belliwt hotel*, "it "ill, lefeloes, do,itMl, Godarikistrgeme,. *eo4vleri, sacefnrts mad •Ilie,l
Iko eaten go•m A4ioty $hall moo. Ike silence Re/ halt*#, Idlplulihg Plndptfs, nl she mote ►sewed ke•abr, .hrf►ea of sM he-od of boas Ac Kt► 16/4mio. IN this Mod, rAeN•me
thy •smear? to foeatem" Oka .dssrliae tm*rr- helyda► tM fg-Imi44 awarme Nwtvr, sod Ill likgylot .wsebo, tativ/ssf reo alrrol.
1141 loot 1er410a eeuffe H'ie lewit .ben #Isis DDad, dril 000twod gad gtY.s.lslte/, is r.sN g prb(ie rasmed as protide.d be Ie s. live)%* It goof oblitetr/ to 'Gmlilt a•l
per"T bdfmee al &ow4i69 tmeo vrM, fa? doles, Dead o1 level me of gar allies, of Pln#Nltat to whit► Irufea, /•Ins After► ar level&* **loll ►o a peat, *-loss bosighf 6, I/vtaoe Y'
DO NOT RECORD
REQUEST FOR FULL RECONNEYANICE
To be used anti, when note has been paid.
To TITLE INSURII.NCE Aga TRUST COMPANY, Trustee: Dated
The undersi ned is the legal owner and holder of all indebtedness, ured b the within Deed of Trust. All sums
secured by %aid � s,ec
%eed of Trust have been fully Acid and satisfied. and you are �ereb) requested and directed, on pa)•
men► to you of ans• sums, owing to you under the ternis of said Deed of Trust, to cancel all evidences of indebtedness,
accured by said Deed of Trust, delivered to you herewith toget'it t with said Deed of Trout, and to recom•e), Without
warrantee to the parties 11esiFnated by the terms of said Dred of Trust. the estate noio held by you under the same.
MAIL RECONVrIANCE TO:
Do not lost or destroy this Deed of Trutt UH THE NOTE which it stcu►es. Both taus: 5e
Mitered to the Trustre for cancellation before rectentrYonct will be hued•.
W v
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a (A a(
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j i V
EXHIBIT "A"
LEGAL DESCRIPTION
OF CONDOMINIUM PROJECT PROPERTY
That portion of the north one-half of the northeast ore-quarter
of Section 35 , tow:;ship 5 south, range 11 west , in the Rancho Las
Bolsas , in the City of Huntington Beach, County of Orange , State
of California, as shown on a map recurded in Hook 51 page 13 of
Miscellane,,-us Maps, in the Office of the County Recorder of said
County described as follows :
Beginning at a point on the west line of Block D of Tract no . 570
as shown on a ;nap recorded in Book 15 page 71 of Miscellaneous
Maps in the Office of the County Recorder of said County , said
point also being on a line parallel with and 360 . 00 feet north
measured at ;sight angles from the south line of said Block D;
thence east along said parallel line 660± feet to a point_ on the
east line of said Block D, said east line also being the west
line of Tract no . 8197 as Shown on a map recorded in Book 452
page 44 of Miscellaneous Maps in the Office of the County Recorder
of said County; thence north along said west line 230- feet to a
line parallel with and 590 feet north measured at right angles
from -:_he south line of Block D; thence west along said parallel
line 90± Feet to the intersection with a line , a deflection angle
to the right to said intersecting line measures 331 29 ' 22" ;
thence northwesterly along said line 146 . 60 feet to the inter-
section with a perpendicular line ; thence southeasterly along
said perpendicular line 77 . 15 feet to the intersection with a
line, a deflection angle to the right to said intersecting line
measures 270 38 ' 57" ; thence southwesterly along said inter-
secting lire 200 feet to a point on a line parallel with and
510 Feet north measured at right angles from the south lira of
said mentioned Block D; thence west along said parallel line
230 feet to the west line of Block D; thence south along said
west line 150 feet to the point of beginning.
7
EXHIBIT B TO TRUST DEED
Provided that no unrescinded Notice c. ,ult under
this trust deed then appears of record, Trustor .,all receive ,
and Beneficiary shall cause Trustee under this trust deed to
execute and deliver, partial reconveyances from the 1'Len of this
trust deed, of condominium units or town house lots as shown on a
recorded subdivision map for the property described in this trust
deed ("Property" ) upon payment to Beneficiary of the Release
Price as defined herein, for each such unit or lot.
The Release Price shall mean 110'% of the original
principal balance of the Note divided by the total number of
residential lots or condominium units shown on the recorded sub-
division map for the Property . All payments or Release Price
paid to Beneficiary to obtain releases shall be applied to the
principal amount of the Note .
Upon request of Trustor and without payment of any
Release Price therefor, TrL,stor shall cause Trustee to execute
and deliver pa--tial reconveyance from the lien of this trust `
deed, all property required to be conveyed to a governmental
agency pursuant to a condition of approval of the subdivision map
for the Property, and all lots designated as common area , open
space or similar non--residential lots , for conveyance to a home-
owner ' s association or a condominium owner' s association . :,
I
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f
".XHIBIT •
ESC
„ • INSTRUCTIONS
• FOR
• CLOSING +
- Y
r
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I
1
1 1
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t
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•
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' SELLERS BUYERS BORROWERS BORROWERS DATE
To: Title Insurance and Trust Company:
Address: 9C0 :Zorth "lain Street
Santa Ana , CA 9?702
On or before the Closing Date , Vwe will hand you
an executed Promissory Note and Trust Deed in favor of The Redevelooment
Agency of the City of Huntington Beach
Which you will deliver when you obtain for rXWour account and record a Grant Deed to the
Real Property described :herein
and when you can issue your current form of ALTA Joint Protection policy of title
insurance with liability in the amount oPM. the / on the real property described in Exhibit "A"
Prom?.ssc)ry Note
showing title vested in the grantee
f
1 current-
SUBJECT ONLY TO: nondelinQuent taxes for th�fiscal year 18},};;{;{h�:49:i
Covenants, conditions, restrictions, and easements of record; and approval in writing by the
undersigned.
# Additlonal Instructions
1 . Escrow shall close (the "Closing Date" ) within three business days
i after you receive written notice frcm Seller that the City of Huntington
Beach has issued to Buver the first building permits for construction on
the property described in Exhibit "A" .
2 . Date the :Note and Trust Deed as of the Closing Date .
3 . Complete the Note and Trust Deed by inserting the principal amount
due on each document . Buyer will provide you with a written statement of
the principal amount and a written approval thereof from Seller .
4 . If the Buver by written instructions to you designates a substitute
entity to take title to the property , prepare a replacement ;Tote and
Trust Deed in the same form as the Note and Trust Deed attached as
Exhibit "B" , but showing the substitute entity as Grantee and Trustor,
respectively, therein.
Continued on Page 2
--Page 1-- 1
0 0
cs•a.s Tt t�-��1
The GENERAL PROVISIONS printed on the reverse side of this page of these instructions are by reference
thereto incorperart=d herein and made a part hereof.
Time is of the essence of these instructions. If this escrow is not in condition to close by
closing date , tiny party who then shall have fully complied with his instructions may, in writing,
demand the return of his money and;or property, but if none have complied, no demand for return thereof shall
ba recognized until five days after the escrow holder shall hav6 mailed copies of such demand io all other
parties at their respective addresses shown in the escrow instructions. It no such demand is made, close this
escrow as scan as passible.
Any amendment of or supplements to any instructions must be in writing.
Delmer title insurance policy to Buyer
Instruct Recorder to mail Deed to Buyer, Trust Deed to Geller
Begin search of title at once. I pay one-half of all costs
THE WILLIAM LY014 COMPANY
Signature By address 19 Corporate Plaza Telephone 714/g 3 3--3 6 0 0
Buyer Newport Beach , CA 92660
Signature Address Telephone
Title insurance and Trust Company: Date:
I have read curd approve the foregoing izsiruc:ions.: :;b�`:lh'3GY�k
XM .laiu3pw.
Xi�2��i�►+cis��;iL'h'�i{rkr::YH�i:- ;c.�.��Y:kf:�3fV.t'C.�k�:�::i7C}��il'�?I1{ :4`�+.r��"��:�;
1
t
The GENERAL PROVISIONS printed on the reverse side of this page of these instructions are by reference
thereto incorporated herein and made a part hereof.
Pay all encumbrances of record necessary to place title inn the condition called for f will hand you any funds
and instruments required for such purpose.
Deliver title insurance policy. to Bayer
Instruct Recorder to trail
Begin search of title at once. I pcy one--half of all costs plus recording fees .
THE REDEVELOPMENT AGENCY
Signature OF THE CITY OF Address Telephone
HUNTINGTON BEACH t
Signature By Address Telephone
--Page — 1•1
GIIMMAL PROVISIONS
All funds received in ibis escrow shall be deposited with other escrow funds in a general escrow account
or accounts of Title insurance and Trust Company, with any State cr National Ban}:, and may be transferred to
any other such general escrow account or accounts. All disbursements shall be made by checl: of Title Insur•
ance and Trust Company.
Any con=ttrnent made in writing to Title Insurance and Trust Company by a bank, trust comp-any, insur-
ance company, or building and loam or savings and loan association, to deliver its check cr funds into this
escrow may, in the sole discretion of Title Insurance and Trust Company, be treated as the equivalent of a
deposit herein of the amount thereof.
All adjustments to be made on a basis of 30-day month.
Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance cf the
policy of title insurance called for, is authcri:.ed.
No examination cr insurance as to the canount or payment of real or personal property taxes is required
w.;ess the real property tax is payable on or, before the date of the policy of title insurance.
If any party to these instructions obtains a loam on the land involved, and during the pendency of this escrow,
you are authorized to furnish the lender, or anyone operating on its behalf, any information concerning this
escrow, inclua.Lng, but not limited to, a certified copy of the escrow instructions and any amendments thereto.
Execute en behalf of the parties hereto, form assignments cf interest in any insurance policies (other than
title Insurance) called for herein and forward them upon close of escrow to the agent with the request, first,
that insurer consent to such transfer or attach losn-rxayable clause or :Hake such other additions or corrections
as may ha-ve beian specifically required herein, and second, that the agent thereafter forward such policies to
the pales entitied to mean. In all acts in this escrow relating to fire insurance, including adtust ments, if any,
you shall be fully protected in assuming than each such policy is in force and that the necessary premium
therefor has been paid.
Unless you a;e other-wise spec±fically request&d by written instruL;Jons so to do, no examination nor
insurance as to the applicability, anxount or pa:--meet of any transfer trz, imposed by any )acal, city or county
ordinance or otherwise, is required through this escrow, as the same will b.L,4 taken care of by the pcc ties hereto
ouiside of escrow and you are not to be concerned with the payment of any such tax.
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EXHIBIT "A"
LEGAL DESCRIPTION
OF CONDOMINIUM PROJECT PROPERTY
That portion of the north one-halt of the northeast one-quarter
of Section 35 , township 5 scuth, range 11 west, in the Rancho Las
Bolsas , in the City of Huntington Beach, County of Orange, State
of California, as shown on a map recorded in Book 51 page 13 of
Miscellaneous Maps , in the Office of the County Recorder of said
County described as follows :
Beginning at a point on the west line of Block D of Tract no . 570
as shown on a map recorded in Book 19 page 71 of Miscellaneous
Maps in the Office of the County Recorder of said County, said
point also being on a line parallel with and 360 . 00 feet north
measured at richt angles from the south line of said Block D;
thence east along said parallel line 660± feet to a point on the
east line of said Block D, said east line also being the west
line of Tract no . 8197 as shown on a map recorded in Book 452
page 44 of Miscellaneous Maps in the Office of the County Recorder
of said County; thence no-th along said west line 230± feet to a
line parallel with and 590 feet north measured at right anglt--s
from the south line of Block D; thence west along said parallel
line 90± feet to the intersection with a line , a deflection angle
to the right to said intersecting line measures 330 29 ' 22" ;
thence northwesterly along said line 146 . 60 feet to the inter-
section with a perpendicular line; thence southeasterly along
said perpendicular line 77 . 16 feet to the intersection with a
line , a deflection angle to the right to said intersecting lire
measures 271 38 ' 57" ; thence southwesterly along said inter-
secting line 200 feet to a point on a line parallel with and
510 feet north measured at right angles from the south line of
saiC. mentioned Block D; thence west along said parallel line
230 feet to the west line of Block D; thence south long said
west line 150 feet to the point of beginning .
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GENERAL RELEASE
THIS GENERAL RELEASE is made and entered into the date
hereinafter set forth by and between THE CITY OF HUNTINGTON
BEACH, a municipal corporation and a public body, corporate and
politic (the "City" ) , on the one hand, and THE WILLIA14 LYON
COMPANY, a California corporation ( the "Company" ) , on the other
hand.
W I T N E S S E T H:
V,rAEREAS, Redevelopment Agency of the City and the Company
entered into a Disposition and Development Agreement on
1982' ( the "Agreement" ) ; and
WHEREAS, the Agreement calls for the Agency to fulfill
certain duties and obligations on behalf of the Company; and
WHEREAS, the Agency has now fulfilled all of its duties and
obligations under the Agreement to the complete satisfaction of
the Company; and
WHEREAS, pursuant to the agreement, the Company is
obligated to execute and deliver to the City a full,
unconditional and general release upon full performance by the
Agency of all its obligations under the Agreement;
NOW, THEREFORE, in consideration of the above premises and
promises and agreements herein contained, it is agreed as
follows :
Section 1 . The Company and its officers, directors,
employees, affiliates and subsidiaries hereby fully release and
forever discharge the City, the Agency and their officers,
directors , employees , attorneys and agents from and on account
of any and all claims , demands, causes of action Dr charges of
whatsoever nature, known or unknown, suspected or unsuspected,
which may have arisen between any one or more of the parties
specified above prior to the date hereof, including, in
particular, all claims, demands and causes of action which may
have arisen as a result of any act or omission taken by the
City or the Agency in connection with the performance of the •
Agreement .
Section 2 . The Company acknowledges that it is aware of
and familiar with the provisions of Section 1542 of the Civil
Code of the State of California which provides as follows :
"A general release does not extend to claims
which the creditor does not know or suspect to
exist in his favor at the time of executing
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the release, which if known by him must have
materially affected his settlement with the
debtor. "
Section 3 . The Company hereby waives and relinquishes all
rights and benefits which it has or may have under Section 1542
off the Civil Code of the State of California or the law of any
other state or jurisdiction to the same or similar effect to
the full extent that it may lawfully waive all such rights and
benefits pertaining to the subject matter of this General
Release .
Section 4. The Company represents and warrants that it
has not assigned or otherwise transferred any interest in any
claims which are the subject matter hereof that it may have
against the City and/or the Agency and, that it will hold the
City and the Agency harmless from any liability, loss, claims,
demands, damages , costs, expenses for attorneys ' fees incurred
by the City or the Agency as a result of any person asserting
such assignment and transfer.
Section 5 . In executing this agreement, the Company
acknowledges that it has consulted with and had the advice and
counsel of such attorneys duly license to practice law in all
of the courts of the State of California and that it has
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executed this General Release after independent investigation
and without fraud, duress or undue influence .
Section 6 . This document contains the entire agreement
and understanding concerning the sLnject matter between the
parties and supersedes and replaces all prior negotiations,
proposed agreements and agreements, written or oral . Each of
the parties hereto acknowledges that no other party, nor any
agent or attorney of any party, has made any promise,
representation or warranty whatsoever, expressed or implied,
not contained herein concerning the subject matter hereof, to
induce it/him to execute this instrument and acknowledges that
it/he has not executed this instrument in reliance on any such
promise, representation or warranty not contained herein.
Section 17 . This agreement and release is made and entered
into in the State of California and shall in all respects be
interpreted, enforced and governed under the laws of this
state . The language in all parts in this General Release shall
in all cases construed as a whole according to its fair meaning
and not strictly for or against any of the parties . This
General Release may be executed in counterparts with the same
force and effect as if executed in one complete document.
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However, there is no effective agreement until each of the
parties has executed at least one counterpart.
Executed at California, this
day of 1983 .
CITY OF 1-:UNTINGTON BEACH
By:
Charles Thompson
City Administrator
APPROVED AS TO FORM:
By:
Gail Hutton
City Attorney
ATTEST:
By:
Alicia M. Wentworth
Ci-=y Clerk
Executed at California, this
day of 1983 .
THE WILLIA14 LYON COMPANY
By
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Recording Requested by and )
When Recorded Mail To: }
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City of Huntington Beach )
2000 Main Street )
P. 0. Box 190 )
Huntington Beach, CA 92648 )
)
Attention : Thomas Tincher )
f ( Space above for recorder s�use only)
SITE LEASE AND PROJECT LEASE
THIS SITE LEASE and PROJECT LEASE dated as of
19 by and between the THE WILLIA14 LYON COMPWf, a California
corporation, (herein cared the "Lyon Company" ) and the
REDEVELOPMENT AGENCY OF T:?E CITY OF HUNTINGTON BEACH, a public
body, coporate and politic , organized and existing under and by
virtue of the laws of the State of California or to designee
(herein called the "Agency" ) .
W I T H E S S E T H:
That for and in consideration of the mutual promises and
agreements herein contained, the parties hereto agree as
follows :
SECTION 1 : Definitions .
Unless the context otherwise requires , the terms defined in
this Section 1 shall , for all purposes of this Site Lease and
Project Lease, have the meanings herein specified.
Additional Rental
"Additional Rental" means what rental due for the Project
under the Project Lease as defined in Section 7 (b) of this Site
Lease and Project Lease .
Base Rental
"Base Rental " means the total rental due for the Project
under the Project Lease when completed, but does not include
Additional Rental .
Agent
"Agency" means the Redevelopment Agency of the City of
Huntington Beach or its designee .
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Bonds
"Bonds" means any financing instrument executed or Bonds
issued by Agency or the City to finance the acquisition of the
Site and construction of the Facilities, which instruments or
Bonds are secured by the Project, this Lease or both.
Ci ter
"City" means the City of Huntington Beach.
Collection Agent
"Collection Agent" means any agent, acting as trustee
appointed to collect and disburse rental payments to lender in
discharge of any obligation under Bonds issued and loans made
to finance the Facilities.
Construction Contract
"Construction Contract" means the construction contract or
contracts providing for the construction of the Facilities,
including, without limitation, the plans and specifications ,
any addenda thereto, and other construction documents , a copy
of which is or will be on file in the office of the Aaency.
Facilities
"Facilities" means a senior citizen' s rental project con-
sisting of approximately 124 units together with structures ,
improvements and all facilities and improvements related thereto
or provided therefor, together with the planting and landscaping
of grounds and all facilities appurtenant thereto or provided
therefor and off-street parking facilities necessary therefor .
"Facilities" includes all of the Project except the Site .
Fiscal Year
"Fiscal Year" means the fiscal year as established from
time to time by the Agency, being on the date of the Bonds the
period from July 1 to and including the following June 30 .
Project
"Project" means the Site and the Facilities to be
constructed thereon.
Site
"Site" means that certain real property located in the City
of Huntington Beach, County of Orange, State of California,
consisting of parcels on which the Facilities described herein
are to be located, and more particularly described in Exhibit
"A" attached hereto and incorporated herein by reference .
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SECTION 2 : Site Lease .
For and in consideration of the sum of Fifty Thousand
Dollars ( $50, 000 ) ( "Site Lease Rental" ) per annum, which rental
shall be payable in full within ten ( 10) days of the
commencement of the term of the Project Lease and ten ( 10) days
of each anniversary thereof, the Agency hereby leases the Site
to the Lyon Company, and Lyon Company hereby leases the Site
from the Agency for a term commencing on , 198_ (the
"Site Lease Rental" ) . The term of the Site Lease shall end on
the later of ( i ) , 20_, or ( ii ) one ( 1 ) day after the
payment or the provision for the payment of the Bonds or other
indebtedness of the Agency or the City and loan of Lyon Company
incurred to construct the Project. Full performance with the
Project Lease by Agency shall be a condition precedent to the
payment of Site Lease Rental hereunder. The annual Site Lease
Rental shall be adjusted upward or downward by the amount of
$5 , 000 per annum for every $200, 000 by which the construction
cost of the Facilities is greater than or less than $2 , 200, 000.
Upon termination of the Site Lease , all improvements on the
Site shall become the property of the Agency.
SECTION 3 : Purpose of Site Lease .
The Lyon Company shall use the Site solely for the purpose
of constructing the Facilities thereon and leasing the Site and
the Facilities to the Agency pursuant to the Project Lease set
forth in Section 5 hereof; provided that in the event of
default by :.he Agency under the Project Lease, the Lyon Company
may exercise the remedies provided in Section 21 .
SECTION 4: Ownnr in Fee .
The Agency covenants that it is the owner in fee of the
SECTION 5 : Project Lease .
The Lyon Company hereby leases the Project to the Agency or
its designee and the Agency or its designees hereby leases the
Project from the Lyon Company, subject to and upon the terms
and conditions hereof ( the "Project Lease" ) .
SECTION 6 : Term of _Project Lease
The term of the Project Lease shall commence on the date of
first issuance of a certificate of occupancy, provided all of
the Facilities are substantially completed and written notice
thereof has been served on the Agency, or on any later date of
such substantial completion, including, without limitation, any
extension of the completion date as may be provided under any
Construction Contract. Although this contemplates all the
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Facilities being substantially completed and the Agency taking
possession of them on the same date, it shall not preclude the
Agency and the Lyon Company from agreeing that the Agency may
take possession of all or part of the Facilities and agree to
pay rental therefor, prior to the other parts thereof being
substantially completed, and, in such case, the term of the
Project Lease shall commence upon such occupancy which rent
due under the Site Lease and Project Lease adjusted is propor-
tionate to the extent of such occupancy.
This Project Lease shall end on the later of (i )
19,_,_, or ( ii ) such time when the bonds issued by the Agency or
City and loan to the Lyon Company to finance the Facilities
have been retired or provision for payment has been provided.
SECTION 7 : Rental .
The Agency shall pay the Base Rental and the Additional
Rental to the Lyon Company in the amounts , at the times and in
the manner set forth herein, said amounts constituting in the
aggregate the total of the annual rentals payable under the
Project Lease as follows :
( a ) Base Rental . For the perior- =rnencing on the
date of commencement of this Project Lease, ,t Agency agrees
to pay to the Collection Agent for the account if. the Lyon
Company in advance, for each Fiscal Year rent at the rate of
$ per annum. The rent to be paid for th,_ remaining
portion of the Fiscal Year in which such liability c Mences
shall be prorated and shall be paid within thirty ( 301 Vs
following commencement of such liability, but in no ever. - ter
than the next succeeding June 30 . During the remainder of
term of. the Project Lease, said rental shall be due on July 1
and may be paid on or before July 31 without penalty or
interest in each Fiscal Year for use of the Project during said
Fiscal Year.
(b) Additional Rental . In addition to and after
the commencement of the Base Rental hereinabove set forth, the
Agency shall pay to the Collection Agent for the account of the
Lyon Company an amount or amounts (hereinafter called
"Additional Rental" ) equivalent to the sum of the following:
(i ) All taxes and assessments of any nature
whatsoever, including, but not limited to, excise taxes, ad
valorem taxes, possessory interest taxes, ad valorem and
specific lien special assessments and gross receipts taxes, if
any, levied upon the Project or upon the Lyon Company' s
interest therein or upon the Lyon Company' s operation thereof
or the Lyon Company' s rental income derived therefrom excluding
state and federal income taxes .
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( ii ) Insurance premiums, if any, on all
insurance required or permitted under the provisions of Section
11 hereof .
( ii ) All costs and expenses which the Lyon
Company may incur in performing under this lease and in
consequence of or because of any default by the Agency under
the Project Lease , including reasonable attorneys ' fees and
costs of suit in equity or action at law to Enforce the terms
and conditions of the Project Lease.
The Additional Rental payable hereunder shall be paved by
the Agency within thirty ( 30) days after notice in writing from
the Lyon Company to the Agency stating the amount of Ftddit_ional
Rental then due and payable and the purpose th erof.
(c ) Budget. The Agency shall take such action as
may be necessary to include and maintain all such total rental
payments (Base Rental and Additional Rental ) due under the
Project Lease in each Fiscal Year in its budget for such Fiscal
Year and further shall make the necessary appropriations for
all such rental payments . The Agency shall furnish to the Lyon
Company and to the Collection Agent copies of the budget at
least fifteen ( 15 ) days before final adoption thereof. The
covenants on the part of the Agency herein contained shall be
deemed to be and shall be construed to be ministerial duties
imposed by law and it shall be the ministerial duty of each and
every public official of the Agency to take such action and do
such things as are required by law in the performance of such
official duty of such officialz to enable the Agency to carry
out and perform the covenants ?-.-id agreements in the Project
Lease agreed to be carried out :--nd performed by the Agency.
(d ) Payment . Each ann::al P.ase mental payment and
each Additicnal Rental pav;nent stall be paid in lawful money of
the United States of Amezaca, by warrant or check drawn against
funds of the regency, at the office of the Collection Agent in
California . Notwit}iLtanding any dispute between
the Lyon Company and the Agency hereunder, the Agency shall
make all rental payments when due and shall not withhold any
rental payments pending the final resolution of such dispute .
In the event of a determination that the Agency was not liable
for said rental payments or any portion thereof , said payments
or excess of payments &s the case may be shall be credited
against subsequent rental payments due hereunder.
SECTION 8 : Construction of Project .
The Lyon Company shall diligently proceed to construct, or
cause to be constructed, the Facilites on the Site . Construc-
tion Contracts shall be awarded to a *ontractor or contractors
02-03-83 41
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