Loading...
HomeMy WebLinkAboutWILLIAM LYON COMPANY - 1983-02-07 (4)licensed under the laws of the State of California and such Construction Contracts shall be awarded after competitive bidding. For the purpose of paying the cost of construction of the Facilities on the Site and all costs and expenses incidental thereto, including, but not -limited to, any contractor's fee and architectural fees for design of the Facilities, the Agency or City shall issue its Bonds in turn loan to the Lyon Company, the fees necessary, in the form of a construction and long term loan, to complete construction of the project as provided for herein. Such construction shall be substantially completed within years of the date hereof; provided, however, that such completion date shall be extended for such further period if the Lyon Company or the Agency, or any contractor or contractors, are delayed by: (1) acts or omissions of Agency or Lyon Company or of any employee or agent of the Lyon Company or the Agency, including changes ordered in the work, or (2) litigation brought against the Agency or the Lyon Company or of any employee or agent of the Lyon Company or the Agency, including changes ordered in the work, or (3) litigation brought against the Agency or the Lyon Company which enjoins the construction, or (4) any act of God which the Lyon Company or the Agency could not reasonably have foreseen and provided for, or (5) any strikes, boycotts, or like obstructive actions by employee or labor organizations which are beyond the control of the Lyon Company or the Agency and which the Lyon Company or the Agency cannot overcome with reasonable effort and could not reasonably have foreseen and provided for, or (6) any war or declaration of the state of national emergency, or (7) the imposition by government action or authority of res%'rictions upon the procurement of labor or materials necessary for the completion of the Facilities. All work, construction and materials shall be in accordance with the Construction Contract; provided, however, that the Agency may order changes in the work during construction without the consent of the Lyon Company; provided, however, except that unless sufficient additional funds are provided therefor (i) the cost of the Project shall not exceed that which is established at the time when the Bonds are issued by the Agency or the City and the loan made to the Lyon Company, and (ii) the cost of change orders shall net exceed the reserve therefor established at such time. Agency shall take no action which extends the period of construction beyond the period for which interest on the Bonds and loan is funded unless sufficient additional fk-:nds are provided therefor. Any moneys remaining in the Construction Loan Funds after the construction and completion of the Facilities shall bp applied by the .Collection AgQnt to the repayment of the construction loan and redemption or Bondi which shall reduce Base Rental or to pay 02-03-83 400SP/227:3/00 -6- �gl • principal of and any interest on the Bonds in which case the Agency shall receive a credit against Base Rental for such amount. SECTION 9: Maintenance and Operation of'Project. The Agency shall, at its own expense, maintain the Project and all improvements thereon in good order, condition and repair. The Agency shall provide or cause to be provided all security service, custodial service, janitorial service, power, gas, telephone, light, heating and water, and all other public utility services. It is understood and agreed that in consideration of the payment by the Agency of the rental provided for in Section 7 hereof, the Lyon Company is only obligated to construct the Project, and the Lyon Company shall have no obligation to incur any expense of any kind or character in connection with the management, ope.racion or maintenance of the Project during the term of the Project Lease. The Agency shall keep the Project and any and all improvements thereto free and clear of all liens, changes and. encumbrances. SECTION 10: Additions and improvements. The Agency shall have the right during the term of the .Project Lease to make any additions or improvements to the Project, to attac:i fixtures, struc.tsres or signs, and to affix any personal property to the Facilities provided the use of the Project for the purposes contemplated in the Project Lease is not impaired. Title to all personal property placed in any of the improvements on the Site shall remain in the regency. The title to any personal property, improvements or fixtures placed on the Site by any sublessee or licensee of the Agency shall be controlled by the concession contracts entered into Iy the ,agency. SECTION 11: insurance. The Lyon Company shall, during the term of the Project Lease, keep or cause to be kE*Dt a policy or policies of Insurance against loss or damage to the Project, and appurtenances and permanent equipment, resulting from fire, lightning, vandalism, malicious mischief, and such perils ordinarily defined as "extended coverage" and other perils as the Lyon Company and the Agency may agree should be insured against on forms and in amounts satisfactory to each. The Agency and the Lyon Company shall be named as additional insureds under such policies o: insurance as the building contractor or contractors may be required by the Lyon Company to carry during the construction of the Facilities. Should the contractors or contractors not be rewired to carry insurance 02-03-83 4005P/2273/00 -7- 0 1 0 with respect to the earthquake damage during the term of the construction of the Facilities, the Agency ;.hall carry such insurance anti shall. name the Lyon Company as beneficiary thereunder. Nothing herein shall be consitrued to require the Lyon Company to carry insurance with respect to equipment or fixtures of the Facilities not provided by the Lyon Company. pursuant to the plans and specification:i for the construction thereof. During the term of the Project Lease, the Lyon Company shall keep or cause .`.o be kept public liability and property damage policies protecting both the Lyon Company and the Agency on forms and in amounts satisfactory to each. The Lyon Company may also carry or cause to be carried such other insurance as may be required by the indenture or - resolution of issuance relating to the Bonds. All premiums and charges due and payable by the Lyon Company for all of the aforesaid insurance, which is not paid as a part of the Construction Contract or from the proceeds of the Bonds, shall be paid by the Agency in accordance with the Provisions of Section 7. Any such premium for a period partly within such period shall be prorated. At the option of the Agency, any insurance required of the Lyon Company hereunder nay be provided by the Agency. Notwithstanc:ng the: generality of the foregoing, the Lyon Company shall not be required to maintain or cause to be maintained more insurance than is specifically referred to above or any insurance unless the same is insurance which is available from reputable insurers on the opera market. The phrase "insurance" means standard policies of insurance with standard deductibles offered by reputable insurers in a competitive market. SECTION 12 Damage by Fires=arthc:uake Etc It is expressly understood and agreed that the rentals to be paid under Section 7 hereof shall become due only in consideration of the right to occupy and use the Project from year to year, and, except as herein provided, it is the responsibility of the: Lyon Company to provide such right at all times. In the event of destruction cr damage to the: Project by fire or earthquake or other casualty or events so that *hey become wholly or partly unusable, the Lyon Company, at its option, may do either of the following: 02-03-83 ''4_ 400SP/2273/00 •-8- 1.� 4; (1) Rebuild and repair the Facilities so that they shall be restored to use, in which case the Site Lease and the Project Lease shall remain.in full force and effect. Any excess of insurance proceeds resulting from such'destruction or damage (other than business rental, interruption insurance)'over the amount expended for such repairing or rebuilding, shall be paid to the Agency, or (2) Declare the Project Lease terminated and use any money collected from insurance against the destruction of or damage to the Project to the extent necessary to retire any outstanding securities or any debts or liabilities which the Agency may have; provided, however, that if the Facilities can be repaired or rebuilt within the period for which the Lyon Company has insurance against rental interruption, and if the Lyon Company shall have sufficient funds from the proceeds of insurance o-- otherwise for the necessary repairing of rebuilding, the Lyon Company shall not proceed under this option without the Aaency'S consent. During such time as the Project is unt.sable, rent shalt. cease. No further rental payments shall accrue until the Project is again ready for occupancy and rental payments already made, if any, shall be equitably abatted and adjusted accordingly. In the event of partial damage to, or destruction oA., the Project, so as to render a portion thereof unusable by the Agency, such rental payments (including those already made, if any) shall during the period o-' the partial unusability of the Project be in an amount that represents the fair market rental value of the remainder of the Project usable by the Agency. SECTION 13: Assianment, Sublease, and Bonds. Neither the Site Lease nor the Project Lease nor any interest of either party herein shall, at any time after the date hereof, without the prior written consent of the other party, be mortgaged, pledged, assigned or transferrers by voluntary act or by operation of law, or otherwise, except as specifically provided herein. The parties hereto: shall at all times remain liable for the performance of the covenants and conditions on their part to be performed, notwithstanding any assigning, transferring or subletting which may be made. The Agency shall have the right to sublease or permit the use of all or any part of the Project, but nothing herein contained shall be construed to relieve the Agency from any and all of the obligations contained herein. Whenever any consent or approval is required herein, the same shall not be unreasonably withh1d. Any items herein required or permitted to be done by the Lyon Company, may, if so provided und,Ar the Indenture, be performed by the Collection Agent thereunder. 02-03-83 4005P, 2273 j00 -9- �J SECTION 24: Eminent Domain. If the whole of the. Project, or so much thereof as to render the remainder unusable for the purposes for whichthe same was constructed, shall be taken under the power of eminent domain, then the Site Lease and the 'Project Lease shall terminate as of the day possession shall be so taken. If les:i than tre, whole of the Project shall be taken under the power of eminent domain, and the remainder is usable for the Project purposes, ,then the Site Lease and the Project Lease shall continue in full force and effect and shall not be terminated by virtue of such taking (and the parties waive the benefit of .any law to the contrary), in which event there shall be a partial abatement of the rent under thp. Site Lease and the Project Lease in an amount equivalent to the amount by which the annual payments of principal of, and interest on, the outstanding Bonds will be reduced in any applicable year by the application of the award in eminent domain to the call for redemption of outstanding Bonds. Any award made in eminent domain proceedings for the taking or damaging of the Project in whole or in part shall be paid to the Collection agent for the direct benefit of the holders of the Bonds and shall be used ry the Collection Agent (together with any other money which s.iall be or may be made available for such purpose) t�, call a principal amount of Bonds in each of the remaining maturities so that, as nearly as possible in the discretion of the Collection Agent, equal annual payments o� principal and interest on the oustanding Bonds remaining will be-nainta-ined after said call. In the event the amount so paid to the Ccllecticn Agent shall he more than sufficient to retire the Bonds then outstanding any such excess shell be paid by the Collection Agent to the Agency. SECTION 1S: Right of Entr7. The Lyon Company and its shall have the right to enter reasonable business hours (an ( i ) to inspect ::he same, ( i i ) the Lyon Company's rights or Lease, or (iii) for all other SECTION 16: Liens. duly designated representatives upon the Project during d in emergencies at all tires): for any purpose connected with obligations under the Project lawful purposes. Except for payments made or required to be made under any bond indenture, the Agency shall pay or cause to be paid, when due, all sums of money that may become due for, or purporting to be for, any labor, services, materials, supplies or equip- ment alleged to have been furnished or to be furnished '_o or 02-03-B3 4005P/22i3/00 -10- for, in, upon or about the Project and which may be secured by any mechanics', materialman's or other lien against the Project, and/or the Lyon Company's interest therein, and shall cause each such lien to be fully discharged and released; provided, however, that if the Agency and/or the Lyon Company desires to contest any such lien, this may be done, and if such lien shall be reduced to final judgment and such judgment or such process as may be issued for the enforcement thereof, is not promptly stayed, or if so stayed and said stay thereafter expires, then, and in any such event, the Agency shall forthwith pay and discharge said judgment. SECTION 17: Quiet Enioymert. The parties hereto mutually covenant and agree that the Agency, by keeping and performing the covenants and agreements herein contained, shall at all times during the term, peaceably and quietly, have, hold and enjoy the Project:. SECTION 1B: Notices. All notices, statements, demands, requests, consents, approvals, authorizations, offars, agreements, appcintments or designations hereunder by either party to the other shall be in writing and L"zall be sufficiently given and served upon the other pa.-ty, if sent by .United States registered Nail, return receipt requested, postage prepaid and addressed as follows: To Agency: Redevelopment Agency of the City of Huntington Beach 2000 Main Street F. 0. Box 190 Huntington Beach, CA 92648 Attention: Chief Executive Officer To Lyon Company: SECTION 20: Waiver. The William Lyon Company 19 Corporate Plaza Newport Beach, CA 92660 Attention: Brian Narkatis The waiver by either party of any breach by the other party of any term, covenant or condition hereof shall not operate as a waiver of any sub3equent breach of the same or any other term, covenant or condition hereof: SECTION 21: Default by Agency. If (a) Agency shall fail to pay any rental payable under the Project Lease within fifteen (15 ) days from the date such 02-03-83 400SP/2273/00 -11- rental is payable, or (b) Agency shall fail to keep any other terms, covenants or conditions herein for a period of twenzy-five (25) days after written notice thereof from the Lyon Company to Agency, or (c) Agency shall abandon or vacate the premises, or'(d) Agency's interest in the Project Lease or any part thereof shall be assigned or transferred without the written consent of the Lyon Company, either voluntarily or by operation of law, or (e) the Agency shall file any petition: or institute any proceedings wherein or whereby the Agency asks or seeks or prays to be adjudicated a bankrupt, or to be discharged from any or all of its debts or obligations, of offers to the Agency's creditors to effect a composition or extension of time to pay the Agency's debts, or asks, seeks or prays for a reorganization or to effect a plan of reorganization, or for a readjustment of the Agency' debts, or for any similar relief or (f) any such petition or any such proceeding:.• of the same or similar '.rind or character shall be filed, instituted or taken against the Agency, then, and in any such events the Agency shall be deemed to be in default hereunder. If the Agency should, after notice of such default, fail to remedy any default with all reasonable dispatch, in not exceeding thirty (30) days, them the Lyon Company shall have the right, at its option, without any further demand or notice (i) to terminate the Project Lease and to re-enter the Project and eject all parties in possession thereof from the Project, using all necessary force so to do, or (ii) to re-enter. the Project and eject all parties therefrom, using all necessary force to do so, and, without terminating the Project Lease, re -let the Project, or any part thereof, as the ,agent and for the account of the Agency upon such terms and conditions as the Lyon Company may deem advisable, in which event the rents received on such re -letting shall be applied first to the expenses of re -letting and collection, inciading necessary renovation and alteration of the Project, reasonable attorneys' fees, and any real estate commissions actually paid, and thereafter toward payment of all sums due or uo become due to the Lyon Company hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, the Agency shall pay the Lyon Company annually any cumulative net deficiency existing on the date when Base Rental is due hereunder. The foregoing remediee of the Lyon Company are in addition to and not exclusive of any other remedy of the Lyon Company. Any such re-entry shall be allowed by the Agency without hindrance and the Lyon Company shall not be liable in damages for any such re-entry or be guilty of trespass. SECTION 22: Default by the Lyon Company. If (a) the Lyon Company shall fail to construct the Facilities in accordance with the provisions hereof, or (b) the 02-03-83 4005P/227:1/00 -12- .05 Lyon Company shall fail to keep any other terms, covenants or conditions herein for a period of twenty-five (25) days after written notice hereof from Agency to the Tyon Company, or (c) the Lyon Company's interest in the Site Lease or any part thereof shall.be'assigned or transferred without the written consent of Agency, except as permitted under Section 13 hereof either voluntarily or by operation of law, or (d) the Lyon Company shall file any petition or institute any proceedings wherein or Whereby the Lyon Company asks or seek; or prays to be adjudicated a bankrupt, or to be discharged from any or all of its debts or obligations, oME offers to the Lyon Company's creditors to effect a composition or extension of time to pay the Lyon Company's debts, or asks, seeks or prays for a reorganization or to effect a plan of reorganization, or for a readjustment of the Lyon Company's debts, or for any similar relief, or (e) any such petition or any such proceedings of the same or similar kind or character shall be filed, instituted or taken against the Lyon Company, then, and in any such events the Lyon Company shall be deemed to be in default hereunder then in any of such events the Corportion shall be deemed. to be in default hereunder. If the Lyon Company should, after notice, fail to remedy any default with all reasonable dispatch, not exceeding thirty (30) days, then Agency shall have the right, at its option, to terminate the Site Lease by delivering written notice of such termination to the Corporation, and thereafter Agency shall be relieved of all obligations her--,nder. SE.CTION 23: Execution. The Site Lease and Project Lease may be simultaneously executed in any number of counterparts, each of which when so executed shall be deemed to be an origin:,l, but all together shall constitute but one and the same Site Lease and Project Lease, and it is also understood and agreed that separate counterparts of this Site Lease and Project Lease may be separately executed by the "yon Company and the Agency, all with the same full force and effect as though the same counterpart had been executed simultaneously by both the Lyon Company and the Agency. SECTION 24: Validity. If any one or more of the terms, provisions, promises, covenants or conditions hereof shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by the final decision of a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions hereof shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 02-03-83 400SP/2273/00 -13- N • If for any reason this Site Lease and Projert Lease ;shall be held by a court of competent jurisdiction void, voidable, or unenforceable by the Lyon Company or by the Agency, or if ,for any,reason it is.held by such a court that the covenant:n and conditions of the Agency or the Lyon Company hereunder, including the covenant to pay rents hereunder, is unenforceable for the full term hereunder, than and in such event for and in consideration of the right of the Agency to possess, occupy and use the Project and the right of the Lyon Company to occupy the Site, which rights in such event are hereby granted, this Site Lease and Project Lease shall thereupon become, and shall be deemed to be, a lease from year to year under which the annual rentals herein specified will be paid by the Agency and the Lyon Company, respectively. SECTIOP7 25: Headings. Any headings preceding the texts of the several Sections hereof shall be solely for convenience of reference and shall not constitute a part hereof, nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have caused this Site Lease and Project Leas: to be executed and attested by their proper officers thereunto duly authorized, and their 0.1ficZ.al seals to be hereto af-fixed, all as of the day and year first above written. 02-03-83 400SPJ2273/00 _,4_ THE W I LL I cad LYON COMPANY, A California Corporation By: Its REDEVELOPMENT OF THE CITY OF HUNT I NG T ON BEACH By: Its. I 7 18 IN PI -AT r . 1 I I i S i 1 a . ram. �.7•,t ill 2; k~ t 1 w Ire l ti L _ 0 I I lid Fj s f i SHEET— OF__SHEETS SCHEDULE OF PERFORMANCE' I. SENOR CITIZEN CONDOMINIUM PROJECT AGENCY OBLIGATIONS, Execution of Agreement di thin 30 days fob owing delivery by Par+:icipan t Commence Processing Specific Plan Immediately following executionn of Agreement Securing of _Preliminary Title Report Within 30 days of execution of Agree - men t Complete Site Survey Within 15 days following execution of Agreement Com lete Preliminary Public Improvement Desi5n and Specifications ►! thi n 15 days following completion of site survey Agency Approval of Conceptual Plan Within 30 days following submittal by Participant File Tentative Tract Map Concurrent with Participant's filing for Conditional Use Permit City Approval of Tentative Tract Map, Conditional Use Permit and Preliminary Plan Within 50 days after submittal by Participant City_ Approval of Rough Grading Plan Within ll days a ter submi tta Completion of Design and Engineering or Public Improvements Within 15 days after approval of rough grading plan Review of l-Jorking Drawings and Specifi- cations Within 15 days after submittal Complete Rough Grading and Public Improvements Within 90 days following approval of final working drawings, specifications and final grading plan PARTICIPANT OBLIGATIONS Submittal of Evidence of Insurance Within 15 days following execution of Agreement Review of Preliminary Title Report and A,iprovaI of Exceptions Within 15 days after receipt of Report Complete Soils Report Within 30 days following execution of Agreement Submit Conceptual Plan Wi -L i ►i 15 days following completion of Preliminary Public Improvement Design and Specifications File for Conditional Use Permit and Com- plete Preliminary Plans Within 60 days following approval of Con- ceptual P.an Completion on of Rough Grading Plan Jai th n-36 days following approval of Preliminary Plan Completionof Final Uorkinq Drawings and Specifications Wiyhin 120 days after completion by Agency of Public Improvement design and engineering Submittal of Final Tract Map Within 15 days following approval of final working drawings and improvement plans, specifications and final grading plan AGENCY ObLIGATIONS City Council Approval of Final Tract Map Within 30 days following submittal of Final Tract Map in substantial conformity with Tentative Tract Map Approval of Agency Loan Within 90 days from approval of Final Tract Map, but in no event sooner than the issuance or bonds from the Rental Project PARTICIPANT OBLIGATIONS Record _Final Tract Mai Within 10 days after City Council approval Securing of Privpte Financing Prior to pulling building permits Closing -Conveyance of Title to Partici ant_ Pulling of Building Permits Conditioned ijpen and concurrent with the Within 60 days following recordino of pulling of building permits by Participant Final Tract Map by City Council r but in no event later than 12 months from date of execution Approve Final Landscaping Plan Prior to completion of construction City Issues Certificate of Occupancy Upon completion of construction H. SENIOR CITIZEN RENTAL HOUSING PROJECT AGENCY OBLIGATIONS Execution of Agreement Within n 30 days f—ol l owl ng delivery by Participant Commence Processing Specific Plan Inmediately fallowing execution of Agreement Staff Approval of Architectural and Engineering Contracts_ Within 10 days after receipt Securing of preliminary Title Report Within ISO days of execution of Agree - men t Complete Site Survey Wit15 days o owi hin ng execution of Agreement Complete Preliminary Public Improvement Design and Specifications Within 15 days following completion of site survey Agency Approval of Con: ptual Plan Within 30 days following submitta by Participant Commence Construction Within 15 days following issuance of permits Complete Final Landscaping Plan Prior to completion of construction Completion of Construction Within 24 months from date of closing Payment to AgencX from Proceeds of Sale Within 15 days after closing of eacH sale Bonus Payment to Agency Upon completion of final sales and veri- fied by Agency PARTICiPAIIT OBLIGATIONS Submittal of Evidence of insurance .dithin 15 days following execution of Agreement Select Architectural and Engineering Firms Within 15 days following execution of Agreement Review of Preliminary Title Report and Approval of Exceptions Within 15 days after receipt of Report Complete Preliminary Soils Report Within 330 days after execution of Agree- ment Submit Conceptual Plan Vt to 30 days fo o;.ji'ng completion of Preliminary Public Improvement Design and Specifications AGENCY OBLIGATIONS Commencement of P►•oject Lease Payment Obligation Upon issuance of Certificate of Completion PARTICIPANT OBLIGATIONS Comnencement_of Site Lease Payment Upon issuance of Certificate of Completion AGENCY OBLIGATIONS File Tentative Tract Map and Use Permit Concurrent witwitF Participant's fi l i n or Preliminary Plans City Approval of Tentative Tract Map, Use Permit and Preliminary Plan Wit ►in 50 days after submittal of Prelimi- nary Plans by Participant Ci-tX Approval of`Rough Grading Plan Within 15 days after submittal Completion of Design and Engineering for Public Improvements Within 15 days after approval of rough grading plan Review of Working Drawings and Specifica- tions Within 15 days after receipt Submittal of Final Tract Map Within 15 days following approval of final working drawings, specifications and final grading plan Complete Rough Grading and Public Improve- ments Within 90 days following approval of final improvement plans, specifications and fina'r grading plan; said improvements to be coordinated with Participant's Development of Site City Council Approval of Final Tract flap Within 30 days following submittal of a Final Tract Map in substantial conformity with Tentative Tract Map Record Final Tract Iap Upon City Council approval Approval of Bids Within 10 days after receipt frcm Participant Tax Exempt Financing Within 45 days after approval of bids Closing -Execution of Lease Concurrent with pulling of building permits Aperove Final Landscaping Plan rior to completion of construction City Issues Certificate of Occupant., Upon completion of construction PARTICIPANT OBLIGATIONS Conllete Preliminary Plans Wi t iTi 60 days uTlowinyipproval of Conceptual Plan Completion of Rough Grading Plan Within 30 days following approval of Preliminary Plan Com) etion of Final Working Drawings and Specifications Within 120 days after completion by Agency of Public Improvement design and engineering Receipt of Bids Ili thi n 30 days 'after working drawings and approval of final specifications Review of Bids Within 15 days after receipt Pulling of Building Permits Within 15 days following approval of tax exempt financing Lease Concurrent with pulling of building permits Corivience Construction With n 2 daysfallowing issuance of pernii is Complete Final Landscapinq Plan Prior to completion of construction Completion of Construction Within 12 months from date of closing SCOPE OF DEVELOPMENT I. DEVELOPMENT BY PARTICIPANT The Participant shall cooperate with the Agency in designing the overall Terry Park Senior Citizen Housing Project and coordinating this design with the engineers and architects working on development schemes for the adjoining properties. The improvements designed and constructed by Participant shall produce a development of high architectural and aesthetic quality and with appropriate landscaping, open spaces and recreational facilities, result in a pleasing and harmonious residential environment. The shape, scale of volume, exterior design and exterior finish of each building must be visually and physi- cally compatible with the adjacent buildings within the Talbert -Beach Redevelop- ment Project Area and complement the over-all residential neighborhood within which the Project Area is located. The specific improvements which the Parti- cipant must construct are as followF: A. Condominium Project Participant shall design and construct a senior citizen condominium complex which will provide, at a minimum, ninety-six (96) one- and two -bedroom condominium units. Participant shall also construct and assure the main- tenance of improvements such as paving, sidewalks, lighting, sprinklers and other items typically required as part of a project of this nature. B. Rental Housing Project Participant shall design and construct a senior citizen rental housing project which will provide, at a minimum, one hundred and twenty-four (124) units, allocate twenty-five percent (25a1) PIS studio and seventy-five percent (7.50a) one -bedroom apartments. In addition, one (1) two -bedroom manager's unit will be provided. The Rental Projectwill be comprised of two-story,, walk- up, frame buildings with a conmon recreational amenities and office. Studio units will be no smaller than 375 gross square feet in area and one -bedroom unit= nn less than 465 gross square feat in area. Each unit will be served directly by a minimum of one hundred (100) square feet of private recreational space. Participant shall make an effort to provide adequate storage space within each unit and shall furnish each unit with built-in cabinets, :inks, stoves, ovens, bath and shower facilities, a garbage disposal and individVally controlled heating systerr.. Sufficient corranon laundry facilities shall be provided within the complex. C. Other Improvements and Conditions 1. Block wall and landscaped buffer Participant shall design and construct, at. a minimum, a six foot (6') block wall and five foot (5') landscaped buffer along the entire project boundary line which separates the Terry Para; SlInior Citizen Housing Project from the industrially zoned pr-operty to the west and north of the Site. 2. Parkin Participant shall constr4-t parking lots in a manner and location which will provide convenient access to each unit. lne parking requirement for the Rental Project is a minimum of .85 spaces per unit and a r►.inimum of 1.25 spaces per each urit for• the �ondordnlum Project. 3. Landscaping Participant shall embellisn all open spaces, including setback areas within the Site, with landscaping which %fill include trees, shrubs and other plants, landscape containers, plaza furniture, top soil, soil preparation, automatic irrigation and landscaping and pedestrian light- ing. ;3`Yaw 4. ctie r y Conservation Participant shall evaluate the feasibility of using passive solar heat- ing to serve the Rental Housing Project and shall assess and incorporate into Vie plans for each project appropriate energy saving design con- cepts, facilities and improvements which are proven cost effective. 5. Accessible Units Participant shall in thV,design and construction of the Rental Project provide that twenty perdut (20%) of the ground level units be "acces- sible" to the disabled per5gns and that ten percent (10%) of the ground level units within the Cond'Yminium Project be "accessible" to the dis- abled person. '. 6. Other Controls Other controls and restrictions consistent with the Agreement and exist- ing City codes and ordinances shall be adhered to by Participant in the design and construction of the Terry Park Senior Citizen Housing Project. In addition, the Agency will also be establishing specifications consis- tent with this agreement including, but not limited to, the size of parking spaces, landscaping and land coverage, setbacks, screening, height of buildings, lighting, building materials and traffic access. II. DEVELOPMENT BY AGENCY The Agency, prior to construction of ;mprove►nents on the Site, and without ex- pense to Participant, shall prepare the Site for development by providing required fill an_. necessary compacting per required standards, if needed, and carrying out the rough grading as set forth in the.appr.ti� rough grad- ing plan. In addition, the Agency shall design, construct OM-Stherwise pro- vide the public streets, sidewalks, curbs and gutters and street lighting which wili serve the Site and the necessary public utilit% mains which will be required by the project. These public improvements and utilities will be provided prior to the completion of construction by Participant on the Site. i i. jx- i RESOLUTION NO. 66 RESOLUTION OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND THE WILLIAM LYON COMPANY AND AUTHORIZING THE EXECUTION THEREOF WHEREAS, the Huntington Beach Redevelopment Agency ("Agency") is authorized to conduct redevelopment activities within the Talbert -Beach Project Area ("Project Area"), which activities include the acquisition and conveyance of real property for private development; and WHEREAS, the Agency desires to.enter into a Disposition and Development Agreement ( the "Agreement") with the William Lyon Company, a California Corporation ("Participant") substantially in the form attached hereto, which Agreement provides for the conveyance of certain real property, located within the Project Area and specifically described in the Agreement, from the Agency to the Participant and the improvement of said real property by the Participant as a senior citizen housing project; and WHEREAS, the Agency and the City Council of the City of Huntington Beach ("City Council") have conducted a duly noticed joint public hearing regarding the Agreement in accordance with California Health and Safety Sections 33431 and 33433; and WHEREAS, a copy of the Agreement and the summary setting forth the matters required by California Health and Safety Code Section 33433 have been made available for public inspection and copying. NOW, THEREFORE, the Huntington Beach Redevelopment Agency does hereby resolve as follows: Section 1: The Agency hereby approves the form of the Agreement attached hereto and hereby authorizes the Chairman znd Clerk of the Agency to execute said Agreement on behalf of the Agency, subject to the approval of the Agreement by the City Council. PASSED AND ADOPTED this 7th day of February , 1983. ATTEST: Agency Clerk c, 4t4 e. �V� �#� 1, Cha i rman APPROVED AS TO FORM: INITIATED AND APPROVED AS TO CONTENT: rector, Business and Industrial Enterprise I 0 APPROVED AS TO FORM AND CONTENT: �vv vr�, vn .i v�rf nn Special Redevelopmen Counsel APPROVED: Chief xecut ve cer STATE OF CALIFORNIA COUNTY OF ORANGE ) CITY OF HIINTINGTON BEACH) I, ALICIA M. WENTWORTH, Clerk is Res. No. 66 of the Redevelopment Agency of the City of Huntington Beach,'Cai;fornia, p0 HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the 7th day of February` 19 83, and that it was so adopted by the following vote: AYES: Members: Pattinson, Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: Members: ABSENT: Members: None Tlerk of the Redevelopment Agency of the City of Huntington Beach, Ca. a 4 RESOLUTION NO. 65 RESOLUTION OF THE HUNTINGTON BEACH REDEVELOPMENT.AGENCY APPROVING THE ACQUISITION OF CERTAIN SURPLUS PROPERTY FROM THE CITY OF HUNTINGTON BEACH WHEREAS, the Huntington Beach Redevelopment Agency ("Agency") is responsi- ble for implementing the Redevelopment Plan for the Talbert -Beach Redevelopment Project; and WHEREAS, the City Council of the City of Huntington Beach has declared certain City -owned property within the ,albert-Beach Redevelopment Project Area as surplus and has approved the sale of said surplus property to the Huntington Beach Redevelopment Agency at not less than fair market value, but under terms and conditions as shall be established and approved by the Huntington Beach Redevelopment Agency; and WHEREAS, Section 33396 of Article 7 of Division 24 of the California Health and Safety Code provides that the Agency may accept conveyance of real property owned by the City and that the Agency may dispose of such property for develop- ment purposes, NOW, THEREFORE, the Redevelopment Agency of the City of Huntington Beach does resolve as follows: Section `: The Chief Executive Officer of the Redevelopment Agency is + hereby authorized and directed to have prepared for the Chairman's signature (..� the appropriate documents needed to acquire from the City of Huntington Beach the surplus property more particularly described as follows: Parcel 1: Block D of the south half of Chock C of Tract No. 570, as shown on a map recorded in book 19, page 41 of Miscellaneous Maps, records of Orange County, California. Excepting therefrom the southerly 360 feet of Block D. Parcel 2: The south half of the east half of the northeast quarter of the northwest quarter of the northeast quarter of Section 35, Township 5 south, Range 11 west in the Rancho Las Bolsas, as shown on a map recorded in book 51, page 7 and following of Miscellaneous Maps, records of Orange County, California. Excepting therefrom all minerals, gas, oil petroleum, naptha and other hydrocarbon substances in and under said land, together with all necessary and convenient rights to explore for, develop. produce, extract and take the same subject to the express limitation that any and all operations for the exploration, development, production, extraction and taking of any of said substances shall be carried on at levels below the depth of 500 feet from the surface of said land by means of mines, wells, derricks 3 } i and/or other equipment from surface locations on adjoining or neighboring land lying outside the above described land and subject further to the express limitation that the foregoing reservation shall in noway be interpreted to include any right of entry in and upon the surface of said land. Parcel 3: The east 10 feet of the northwest quarteh of the northeast quarter of the northwest quarter of the northeast quarter of Section 35, Township 5 south, Range 11 west. Section 2: The Redevel•.r..,ent Agency shall hereby accept conveyance of said property from the City of Huntington Beach for the fair market value of the pro- perty which is determined to be $2,750,000. The Agency will compensate the City for said conveyance from, and at the times Agency receivespthe proceeds from the sale of the 5-acre industrial sitr- ind from future tax increment dollars. A ten percent (10%) annual interest rate shall be applied to any unpaid balance of the original sales price from this day forward until the full sales price is paid. Section 3: The Chief Exe:.utive Officer is hereby authorized and directed to solicit proposals from private parties and development firms for the acquisi- tion end development of that portion of the property which is currently desig- nated for industrial use. 7 Passed approved and adopted this 7th d of Feoru:r pp p ay Y 1983. ATTEST: gency Clerk- Chairman INITIATED AND APPROVED AS TO CONTENT: APPROVED AS TO FORM AND CONTENT: Director, Business and Industrial STRADLING, YO , CARLS RAUTH Enterprise Special Legal Counsel L17 APPROVED AS TO FORM: ,M Agency Gouns APPROVED: r ! cli �•L�i t ff^ 7 Ch of Execut ve Of Eer Res. No. 65 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH) I, ALICIA M. WENTWORTH, Clerk of the Redevelopment Agency of the City of Huntington Beach,'California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agericy of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the 7th day of Fe bruary 19 83, and that it was so adopted by the following vote: AYES: Members: Pattinson,_Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: Members: �4i None i ABSENT: Members: t None i Clerk _ of the Redevelopment Tgency of the City of Huntington Beach, Ca. E,- • RESOLUTION NO. 64 ..-► RESOLUTION OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY DETERMINING THAT THE CONSTRUCTION OF CERTAIN OFF -SITE PUBLIC IMPROVEMENTS IN CONNECTION WITH THE DEVELOPMENT OF THE SENIOR CITIZEN HOUSING PROJECT PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE. HUNTINGTON BEACH REDEVELOPMENT AGENCY AND THE WILLIAM LYON COMPANY IS OF BENEFIT TO THE TALBERT-BEACH REDEVELOPMENT PROJECT AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT_ IS LOCATED; DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID IMPROVEMENTS; AND AUTHORIZING THE DRAFTING AND DELIVERY OF A REIMBURSEMENT AGREEMENT WHEREAS, the Huntington Beach Redevelopment Agency (".Agency") is authorized to carry out the redevelopment of the Talbert -Beach Redevelopment Project Area (the "Project Area"); and WHEREAS, the Redevelopment Plan for the Project Area authorizes the Agency to pay all or part of the value of the demolition and clearance of property in preparation for the construction of public improvements thereon as well as the construction of said public improvements; and WHEREAS, the Agency has entered into that certain Disposition and Development Agreement ("Agreement") with the William Lyon Company (the "Participant") which calls for the Agency to construct certain off -site public r improvements in conjunction with the development of a senior citizen horsing project and which will rejuire that the Agency contract for the construction of said off -site improvements which will be financed from tax increment generated by the development of the Talbert -Beach Redevelopment Project; and WHEREAS, California Health and Safety Code Section 33445 provides that an Agency may, with the consent of the legislative body, pay all or part of the value of public buildings, facilities, structures or other improvements upon a finding that such public improvements are of benefit to the Project Area or the immediate neighborhood in which the project is located and that there is no other reasonable means of financing such public improvements available to the community. NOW, THEREFORE, the Huntington Beach Redevelopment Agency does hereby resolve as follows: Section 1: The Redevelopment Agency hereby determines that the acquisition 'or and construction and installation of certain off -site public improvements, more particularly described in the Agreement, by the Agency will be of benefit to the Project Area and the surrounding neighborhood in which the project is located. Section 2: The Redevelopment Agency further determines that no other reasonable means of financing the acquisition for and construction and installation of s&id off -site public improvements is available. section 3: The Redevelopment Agency hereby outhorizes the Chief Executive Offic r to draft and deliver to the Agency a cooperative agreement which will provide that the City of Hu.itington Beach undertake the necessary tasks required to provide the acquisition for and public improvements required under the terms of the Agreement,, and that requires that "he City be reimbursed for part or all of its expenses as future Agency funding permits. PASSED AND APPROVED this 7th day of February , 1983. ATTEST: Agency Clerk APPROVED AS TO FORM: INITIATED AND APPROVED AS TO CONTENT: Director, Business and Industrial Enterprise APPROVED AS TO FORM AND CONTENT: b ST RA L I N , YOCCA, CARLS AUTH Special Redevelopment Counsel APPROVED: Chief Execut ve cer w Res. No. 64 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH) I, ALICIA M. WENTWORTH, Clerk of the Redevelopment Agency of the City of Huntington Beach,'California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a meeting cf said Redevelopment Agency held on the 7th day of February' 1983 and that it was so adopted by the following vote: AYES: Members: Pattinson, Thomas, MacAllister-, Mandic, Finley, Bailey, Kelly NOES: Members: None ABSENT: Members: None TTer ci"'"--7o t e e eve opment a�ncy of the City of Huntington Beach, Ca. RESOLUTION N0. 63 RESOLUTION OF THE, HUNTINGTON BEACH REDEVELOPMENT AGENCY BEACH MAKING CERTAIN DETERMINATIONS RELATING TO CEQA COMPLIANCE IN CONNECTION WITH THE DEVELOPMENT OF THE WILLIAM LYON COMPANY PROJECT WHEREAS, the Redevelopment Agency of the City of Huntington Beach (the "Agency")* is responsible for implementing the Redevelopment Plan for the Talbert -Beach Redevelopment Project; and WHEREAS, a•i Environmental Impact Report ("EIR") was prepared in connection with tr.e adoption of the Redevelopment Plan; and WHEREAS, Public Resources Code Section 21090 provides that all public and private actions taken in connection with adoption and implernentation of a redevelopment plan constitute a single project; and WHEREAS, the proposed development of the senior citizen housing projects pursuant to the Disposition and Development Agreement (the "Agreement") between the Agency and the William Lyon Company is consistent with the Redevelopment Plan; r^ NOW, THEREFORE, the Redevelopriient Agency of the City of Huntington Beach does hereby find, determine and resolve as follows: Section 1: having reviewed the proposal to develop the senior citizen housing projects pursuant to the Agreement and being familiar with the EIR prepared in connection with the adoption of the Redevelopment Plan, the Agency does hereby find and determine that the proposed development does not involve any significant environmental impacts which were not considered by the EIR or which, would require a substantial revision of the EIR. Section 2: It is hereby determined that no subsequent or supplemental EIR is required in connection with the proposed development. Sec0on 3: The staff is hereby authorized and directed to file a notice of determinat on with the County Clerk. PASSED AND ADOPTED this ith day of February , 1983. ATTEST: it /4� /� R--r• �gik Chairman 7 � F�i 6 APPROVED AS TO FORM: INITIATED'AND APPROVED AS TO CONTENT: Director, Business and Industria Enterprise 0 APPROVED AS TO FORM AND CONTENT: S R 90L rYOCaCARL4S0ZN.RAUTH , Special Redevelopment Counsel APPROVED: of Execut vP Offiter M 1 STATE OF CALIFORNIA ) COUNTY OFiORANGE ) ^ CITY OF HUNTINGTON BEACH) Res. No. 63 I, ALICIA M. WENTWORTH, Clerk of the Redevelopment Agency of the City of Huntington Beach,'California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the 7th day of February 1983 , and that it was so adopted by the following vote: AYES: Members: Pattinson, Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: Members: None ABSENT: Members: None V erk of t e a eve opment gency of the City of Huntington Beach, Ca. • C REQUES FOR t�11 '? �/,Tq CITY COUNCIL ACTION IM 8a-25 Date December 27, 1983 Submitted to: honorable Mayor and City Council Members ;/eliy ee"'OWD F"•=vAj Submitted by: Charles IV. Thompson, City Administrator 61Se'-'1+ 'g�T PTotra TL.r `off Preparedby: D'Off.ice of Business & Industrial Enterprise Subject: ESTABLISill NG POLICY TO RESPONI) TO MARKET CONDITIONS WITH RESPECI' TO THE SALE O1: TI .iro' PARK SENIOR CI'fIZI.N CONDOMINIUM UNITS `-e-S kr 53� — Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments. STATEMENT O1: ISSUE: Because senior citron housing reflects a very limited segment of the overall housing ma. rkei , the IV I I i.am Lyon Company is concerned about the imposition of the iiilllillitim age restriction of 60 years old oil their condominium project. They have asked that the City Council commit to pursue a redaction in that age restriction, if the market experience warrants such a change. The attached resolLtion reflects such a commitment by the City Council. RECONLM E NI)AT I ON : Approve the attached resolution. ANALYSIS: Since there is very Iinlited experience to draw from concerning the sale of condolilin'Juln units in the Ci tV of Illltltilll;toll Iieticil to }lotiseholds with at least one member being tit) years of age or older, the William Lyon Company has redueSLOLI that the City COMIC I COO pOr"It e with them in broadening' the intlrket base by reducing the age restriction if, in fact, there are insufficient Stiles after the initial Linits ha\'e been placed on the inarket. Staff feel,-, that thi-z is a reasonable request, as long as ,1 sincere effort has been ttlade to market and sell the units under the 1160 year:,' of Igo" restriction at a reasonable price per Linit. The attached resolution eStabl ishes what sttlf'f feels WOUld be a reasonable price and tittle f rattle tlilcler which tile initial marketing slloLild occLil•. ALTERNAT I VliS : I. Not approve the resolution. 2. Establish d i ff c),ent. time f i-.w ' and rein imum age. A7'TACIIN NTS .- I Resolution No. 1 CWT:TT:Ip i NO 4/81 OIRESOLUTION NO. 534?� i l A RESOLUTION OF THE CITY COUNCIL OF THE: CITY OF HUNTINGTON BEACH ESTABLISHING A TIME FRAME AND POLICY FOR RESPONDING TO THE MARKET CONDI- TIONS WITH RESPECT TO THE SALE OF THE TERRY PARS: SENIOR CITIZENS CONDOMINIUM UNITS WHEREAS, the William Lyon Company, in cooperation with the City of Huntington Beach and the Huntington Beach Redevelopment Agency has committed to the development of 96, senior citizen condominium units within the Talbert - Beach Redevelopment Project Area; and WHEREAS, The William Lyon Company will, in the very near future, continence construction of Phase I of the senior citizen condominium project which will involve, at a minimum, sixteen (16) units. NOW, THEREFORE, BE IT RESOLVED: 1) Staff will immediately continence a review of the factors which established the basis upon which the Senior Citizen Suffix Zoning Standards were established; and Z) Upon such review, staff will prepare alternative recomr<nendations for making adjustments to said standards, such as a reduction in the age restriction and offsetting changes in density and parking requirements, if market conditions warrant; and 3) Staff will monitor the sales of the Lyon Company Phase I condominium units and other comparable projects in the City and surrour:ni ng communities, and if the Lyon Company units are priced under $67,000 and within sixty (60) days following completion of Phase I, at least eight (8) of the sixteen (16) units are not sold or in escrow, staff will initiate recomiiendations to the Planning Commission for making appropriate adjustment to the Senior- Citizen Zoning Suffix which will include the possibility of reducing the age restriction from sixty (60) to fifty-five (55) and making appropriate adjustments in parking and density req►!; rerrents. PASSED AND ADOPTED this day of � 1984. ATTE'': .._._..___._ City• Clerk Mayor APPROVED APPROVED AS TO FORM: I111TIATED AND APPROVED AS TO CONTENT: City Attorney Director, Business F. Industrial nterpr'ise APPROVED,:.-- '�� City Administrator RESOLUTION NO. A RESOLUTION OF ThE CITY COUNCIL OF THE CITY OF HUNT I NGTON BEACH ES1 ABL I SHI NG A TIME FRA,1E FIND POLICY FOR RESPONDING TO THE MARKET CON- DITIONS WITH RESPECT TO THE SALE OF THE TERRY PARK SENIOR CITIZENS CONDOMINIUM UNITS r r WHEREAS, The William Lyon Company, in cooperation with the C}ty of Huntington Beach and the Huntington Beach Redevelopment Agencyr,Kas comnitted to the development of 96 senior citizen condominium units within the Talbert - Beach Redevelopment Project Area; and r WHEREAS, it is recognized that the purpose of this development is to serve a limited market of senior- citizen households; NOW, THEREFORE, be it resolved: 1) That if upon the completion of the rnodel,rinits for the project and the public offering of the senior units for- sale during a time period of, at least 60 days following completion of the models, and if said offering is at a price of under S67,000 per unit, and sales are not occurring at an acceptable rate, then the City Council will immediately pursue legislative actions which will reduce the age restriction on the second story units from 60 to 55. 2) If, after, another 60 day period, sales are still going at a slow pace, then the City Council will immediately pursue legislative actions which will reduce the age restriction on the entire project, from 60 to 55. PASSED AND ADOPTED this _ day of _ 1983 ATTEST: City Clerk APPROVED AS TO FORM: Ci ty ttor• ey Mayor INITIATED AND APPROVED AS TO CONTENT': Director, Business & Industrial Enterprise APPROVED: City Administrator Authorized to Publish Advertisements of all kinds, including public notices by Decree of the Superior Court of Orange County, California, Number A•6214, dated 29 September, 1961, and A•24831, dated 11 June. 1963 STATE OF CALIFORNIA County of Orange Ir►la rNr,c• AI.«twiny 101«*41 ipr I .gym a Citizen of the United States anti a resident of the County aforesaid, I am over the age of eighteen years. and not a party to or interested in the below entitled matter I am a principal clerk of the Orange Coast DAILY 141,0T, Atth which is combined the NEWS•I)RESS, a ne-spaper of general circulation, printed and published in the City of Costa ,Mesa, County of Orange. State of California, and that a Notice of _. Joint Public Hearin CITY COUNCIL OF HUNTINGTON BEACH of which copy, attached hereto is a true and complete copy. was printed and published in the Costa Mesa, Newport Beach. Huntington Beach. Fountain Valley, Irvine. the South Coast communities two Laguna Beach issues of said newspaper f, rr consecutive weeks to wit the issue(s) of January .1 _-- , 198 3 ,January 8 . 198..3 - 198-- . 198-- , 198 — I declare, under penalty of perjury, that the foregoing is true and correct. Executed on January 8 at Costa Mesa, California. i Signature+ 198 3 PUBLIC 140110E i NOTICE OF' A. JOINT PUBLIC HEARING BY THE CITY COUKCIL OF ?HE CITYOF;HUNTINGTOK BEACII-.,FANG(`.,. THE REDEVELOPMENT AGENCY.OF THE CITY. OF HUNTINOTON BEACH ON THi PART1CiPATION AGIIIEMENT BETWEEN THE REDEVELOPM alifT AGFACY AND THE WILUAM LYON COMPANY . NOTICE IS HEREBY GIVEN that the City, Council of'the. City of Huntingtor beach +snd the Redewlooment Agency of the C41r of Huntington Beach will hold it holm( public hearing on'Jtnuary 17. 1983, at 7:30 a.m.. In the City Council Chambers. City Hall, 2000 Main Street, Hunt!ngton aesch. Cahfomla, fo consider and rc;t vpon the Participation Agreement between the nndevelopment Agency of the City cf Huntington Damch and the .William. Lyon Company, and the ssle of if. ,.land pursuant thereto. The provide for the development ui senlo. citizen .condominiums and rental housing on sites within the Tolbert -Desch Redevelopment Project Arts. Descriptions of the silos can be found In the Participation Agreement. Tho terms of the sale of property between the Agency and the Wiluam Lyon Company are set forth In':;k Participation Agreement. The proposed protects are covered by a final anvironmental Imptxt report for the Talbert -Beach Redeveloomont Prc)trct Area. for whlch a Notica of Determination was filed on September 7, 1982. ' Coplar. of the Participation Agroem+tnt and the Mviron-7ientaf Impact report are on file for public Inspection and copying for the c*st of duplication at the office of the City Clerk, City t:f iluntington Beach. 2000, Main $free; Huntington Beach, Callrornta, between the haws of 11;00 a.m. and 5:00 p.n.. Monday ttvargli Friday; exrJ"' vo of holidays., Interested persona may submit Welton comments addretud to the Dtructor of Dousineae and Industrial Enterprise of the City of Huntington Beach, P.O. Box .190, Huntington Beach; CaMfornia 92648 prior to the hour �f 5:00 P.m, On Jsrwery 14, 1983,i,: At the time and place noted, above, all parsons tyaprested 1 the above nutter may appear and be hoard. Published Orange Coast Daily Pilot. Jan. I and 8, 1983 s74o-a2 PROOF OF PUPLICA►TION J I E Authorized to Publish Advertisements of ali kinds, including public notices by Decree of the superior Court of Orange County, California, Number A•6114, dated 19 September, 1961, and A-14931, dated 11 June, 1963. STATE OF CALIFORNIA County of Orange ►..W.+ 04,Ko ALM wn� es.w�d b, rh.. •M.d�.a .. wr •+ r pr.nr wnh 10 pw• .�vw,r, w.drh 1 am a Citizen of they United Statrs and a resident of the County aforesaid. 1 am over the age of eighteen years, and not a party to or interested in the below entitled matter 1 an) a principal clerk of the Changer Coast DAILN' PILOT. with which is combined they NEWS PRFSS. a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, state of California, and that a Notice of Pubic Iiear.incr CITY OF 11U'N.T1t1CZ_r0N R AC11 of which copy attached hereto is a true and complete! copy, was printed and published in the Costa Mesa. Newport Beach. Ilunungton Beach. Fountain Valley. Irvine. the South Coast communities and Laguna Beach issues of saiJ newspaper for Ywr?__-- consecutivtr weeks to wit this issuelsi Of January 1 , 198 3 January 8 . 198 3 . 198 198 . 198 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on January 8 at Costa Mesa, California. 198 3 i !.. _ #A1 �•W-A � Signature PROOF OF PUBLICATION 0 FLOW XOTICE , NOTICE of .A doINT PL SLIC WARMO BY *HE C" Coumxa OF THE CITY or Htltirriw TON !EACH , 'ANV . i',T.HE REDEVALOPMENT AGE'.rCY OF THE CITY OF-HUMTr-iV1iTQM BEACH ON - THE PA11MPATION AGREEMENT BETWEEN THE REQEMOlMIfEt , AGMY � AND THE tMLLUAM LYON COMPANY • NOTICE IS HEREBY GMM that the City Council of the city,of Huntinglan Beach end -the ApdrMopment Ageney'o1 the City o lrgton Beach W11 hold a )Dint pubilc howfrp on Jwwary,l?. 1983, at 7:30 p.m., In the City Council Chambers. City Hall. 2000 Main IStreet,. Huntington Beach. .7-Atfornis to consider and act upon *$ Participation Agreement between the Redevelopment Agency of the City of NunSttigton Bee:h and iha William Lyon Company, and the sate o1 the land Pursuant thtratm The agreemenSs Provide for the detselopment of tenlor cltixen coniominlums and rental houskV on ones within the Talbott -beach Redevelopment Project Area. Descriptions of the $Iles Can be found In the Parlidpattan Agreement. IThe terms of the sale of property between the AQW1cy and the WiNarm Lyon k+pat are am forth in the Aaroern*nt... Ths proposed protocts are tal impst report for the Tallvii �ch Redevelopment Project Area. for which ■ Notice of Determination wss flied on September 7. 1992. Copies of the Participation Agreement and the enrironmantel Impact report are on file for pubtiC Inspection and Copying for the (,ftt of duplication at the Af;C4 01 the City Clark. City of Huntington Desch. 2000• Main Sires, Huntington Beach, Coillornia betwoen thb .1Curs of 8:00 sail. ii r S.00 `m., Monday through FrWsy, exciushn of holidays. Intetested-flersms may submit written comments addressed to tho Dkmdor of Buslnees sod tndustrial Entcrprlse of the Cltr of Huntington Basch; P.O. Box• 190. Huntington Beach, California 92648 pfior to taw hour of .S:00 p.M. on January 14. 1083. At the time and place noted abo". ap parsons Mterested In the above mattes msy appwr and be twwd. Published Orange Coast Daily Pik t. Jan. 1 and 6, 19a3 IL r.v. • RESOLUTION NO. 5217 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MAKING CERTAIN DETERMINATIONS RELATING TO CEQA COMPLIANCE IN CONNECTION WITH THE DEVELOPMENT OF THE WILLIAM LYON COMPANY PROJECT WHEREAS, the Redevelopment Agency of the City of Huntington Beach (the "Agency")• is responsible for implementing the Redevelopment Plan for the Talbert -Beach Redevelopment Project; and WHEREAS, an Environmental Impact Report ("FIR") was prepared in connection with the adoption of the Redevelopment Plan; and WHEREAS, Public Resources Code Section 21090 provides that all public and private actions taken in connection with adoption and implementation of a redevelopment plan constitute a single project; and WHEREAS, the proposed development of the senior citizen housing projects pursuant to the Disposition and Development Agreement (the "Agreement") between the Agency and the William Lyon Company is consistent with the Redevelopment Plan; NOW, THEREFORE, the City CoLicil of the City of Huntington Beach does hereby find, determine and resolve as tolloNs: Section 1: Having reviewed the proposal to develop the senior citizen residential housing projects pursuant to the Agreement and being familiar with the EIR prepared in connection with the adoption of the Redevelopment Plan, the Agency does hereby find and determine that the proposed development does not involve any significant environmental impacts which were not considered by the EIR or which would require a substantial revision of the EIR. Section 2: It is hereby determined that no subsequent or supplemental EIR is required in connection with the proposed development. Section 3: The staff is hereby authorized and directed to file a notice of determine ian with the County Clerk. PASSED AND ADOPTED this 7th day of February , 1963. ATTEST: j0144.4-q Val, CTt`y Clerk Mayor APPROVED AS TO FORM: APPROVED AS TO FORM AND CONTENT: C orney STRADLINF,CARWI, AU H Special Redevelopment Wounsel INITIATED AND APPROVED AS TO CONTENT: erector, Business and Induste—lal Enterprise 9 APPROVED: icy Admen strator f • STATE OF CALIFORNLA ) COUNTY OF ORANGE ) ss: CITY OF HURrINGTON BEACH ) E� Res. No. 5217 I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resoluti.en was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 7th day of February , 19 83 , by the following vote: AYES: Councilmen: Pattinson, Thomas, MacAllister, Mandic, finley,__Bailey, Kell_ NOES: C.�uncilmen: None ABSENT: Councilmen: Nvf- ,_ f City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California .. 0 0 r"" RESOLUTION NO. 5218 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DETERMINING THAT THE CONSTRUCTION OF CERTAIN OFF -SITE PUBLIC IMPROVEMENTS IN CONNECTION WITH THE DEVELOPMENT OF THE SENIOR CITIZEN HOUSING PROJECTS PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE HUMTINGT'.:,1 BEACH REDEVELOPMENT AGENCY AND THE WILLIAM LYON COMPANY IS OF BENEFIT TO THE TALBERT-BEACH REDEVELOPMENT PROJECT AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED; DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID IMPROVEMENTS; AND AUTHORIZING THE DRAFTING AND DELIVERY OF A REIMBURSEMENT AGREEMENT WHEREAS, the Huntington Beach Redevelopment Agency ("Agency") is authorized to carry out the redevelopment of the Talbert -Beach Redevelopment: Project Area (the "Project Area"); and WHEREAS, the Redevelop.--nt Plan for the Project Area 'authorizes the Agency to pay all or part of the value of the demolition and clearance of Property in preparation for the construction of public improvements thereon as well as the zonstruction of said public improvements; and WHEREAS, the Agency has entered into that certain Disposition and Development Agreement ("Agreement") with the William Lyon Company (the "Participant") which calls for the Agency to construct certain off -site public improvements in conjunction with the development of a senior citizen housing project and which will require that the Agency contract for the construction of said off -site improvements which will be financed from tax increment gen(:rated by the development of the Talbert -Beach Redevelopment Project; and WHEREAS, California Health and Safety Code Section 33445 provides that an Agency may, with the consent of the legislative body, pay all or part of the value of public buildings, facilities, structures or other improvements upon a finding that such public improvements are of benefit to the Project Area or the immediate neighborhood in which the project is located and that there is no other reasonable means of financing such public improvements available to the cormnun ity. NOW, THEREFORE, the Huntington Beach City Council does hereby resolve as follows: Section 1: 'fhe City Council hereby determines that the acquisition for and cunstruc on and installation of certain off -site public improvements, mole particularly described in the Agreement, by the Agency will be of benefit to the Project Area and the surrounding neighborhood in which the project is located. Section 2: The City Council further determines that no other reasonable means 5? financing the acquisition for and construction and installation of said off -site public improvements is available. • • ','-^tion 3: The City Council hereby authorizes the City Administrator to draft and de ever to the City Council a cooperative agreement which will provide that the City of Huntington Beach undertake the necessary tasks required to provide the acquisition for and public improvements required under the terms of the Agreement, and that requires that the City be reimbursed for part or all of its expenses as future Agency -funding permits. PAaSED AND APPROVED this 7th day of . February 1983. ATTEST: ell 62::� �* City Clerk Mayor APPROVED AS TO FORM: INITIALED AND APPROVED AS TO CONTENT: Director, Business and Industrial Enterprise APPROVED AS TO FORM AND CONTENT: t-/- ,, po�-- , STRADL NG, Y CA, CARLa0 , RAUTH Special Redevelopment Counsel APPROVED: My A m n strator F., • Res. No. 5218 STATE OF CALIFORNIA ) COUNTY OF 'ORANGE CITY OF HUNrINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the ith day of February 19 83 by the following vote: AYES: Councilmen: Pattinson, Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California • e RESOLUTION NO. 5219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE SALE OF CERTAIN'SURPLUS REAL PROPERTY TO THE HUNTINGTON BEACH REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of -Huntington Beach has previously declared a 10-acre parcel of land north and adjacent to Terry Park, between Talbert Avenue and Taylor Drive, surplus and stated its intention to sell said City -owned property; and WHEREAS, said 10-arse parcel is located within the Talbert -Beach Redevelop- ment Project Area and is proposed to be acquired by the Huntington Beach Redevelop- ment Agency for redevelopment purposes, NOW, THEREFORE, the City Council of the City of Huntington Beach does re- solve as follows: Section 1: The City Administrator is hereby authorized and directed to have prepared For the Mayor's signature the appropriate documents needed to convey to the Huntington Beach Redevelopment Agency the surplus property more particularly described as follows: Parcel 1: Block D of the south half of Block C of Tract Nu. 570, as shown on a map recorded in book 19, page 41 of Miscellaneous Maps, records of Orange County, California. Excepting therefrom the southerly 360 feet of Block D. Parcel 2: The south half of the east half of the northeast quarter of the northwest quarter of the northeast quart,�r of Section 35, Township 5 south, Range 11 west in the Rancho Las Bolsas, as shown on a map recorded in book 51, page 7 and following of Miscellaneous MaPs, records of Orange County, California. Excepting therefrom all minerals, gas, oil, petroleum, naptha and other hydrocarbon substances in and under said land, together with all necessary and convenient rights to explore for, develop, produce, extract and take the same subject to the express limitation that any and all operations for the exploration, development, production, extraction and taking of any of said substances shall be carried on at levels below the depth of 500 feet from the surface of said land by means of mines, wells, derricks and/or other equipment from surface locations on adjoining or neighboring land lying outside the above described land and subject further to the express limitation that the foregoing reservation shall in no way be interpreted to include any right of entry in and upon the surface of said land. Parcel 3: 7 The east 10 feet of the northwest quarter of the northeast, quarter of the northwest quarter of the northeast quarter of Section 35, Township 5 south, Range 11 west. Section 2: The sell said surplus pro fair market value Whi pensate the City for the proceeds from the increment dollars. to any unpaid balance Redevelopment Agency sales price is paid. City Administrator is hereby authorized and directed to peaty to the Huntington Beach Redevelopment Agency for ch is determined to be $2,750,000. The Agency will com- said conveyance from, and at the times Agency receives, sale o� the 5-acre industrial site and from future tax A ten percent (10%) annual interest rate shall be applied of the original sales price from the date that the accepts the conveyances of the property until the full PASSED AND APPROVED by the City Council of the City of Huntington beach, California at a regular meeting thereof held on the 7th day of February 1983. ATTEST: L-Ity LlerK Mayor INITIATED AND APPROVED AS TO CONTENT: Director, Business and Industrial Enterprise APPROVED AS TO FOP14: C ty Attorne APPROVED: sty dministrator ' y Res. No. 5219 i STATE OF CALIFORNIA ) COUNTY OF ORANGE CIrf OF HUNTINGTON BEACH ) I, ALICIA M. W£NT.WORTH, the duly elected, qunlified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 7th day of February 19 83 , by the following vote: AYES: Councilmen: oattinson, Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California r � .1 RESOLUTION NO. 5220 E RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE SALE OF CERTAIN REAL PROPERTY PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE HUNTINGTON BEACH REDEVELOPMENT AGENCY AND THE WILLIAM LYON COMPANY WHEREAS, the Huntington Beach Redevelopment Agency ("Agency") is authorizes to conduct redevelopment activities within the Talbert -Beach Project Area ("Project Area"), which activities include the acquisition and conveyance of real property for private development; and WHEREAS, the Agency desires to, enter into a Disposition and Development Agreement ( the "Agreement") with the William Lyon Company, a California Corporation ("Participant") substantially in the form attached hereto, which Agreement provides for the conveyance of certain real property within the Project Area, which real property is more particularly described in the Agreement, from the Agency to the Participant and the improvement of said real property by the Participant as a senior citizen housing project; and WHEREAS, the Agency and the City Council ("City Council") of the City of Huntington Beach have conducted a duly noticed joint public hearing regarding the Agreement in accordance with California Health and Safety Code Sections 33431 and 33433; and WHEREAS, a copy of the Agreement and the summary setting forth the matters required by California Health and Safety Code Section 33433 have been made available for public inspection and copying. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: Section 1: The City Council finds and determines, based upon the testimony and information presented during the public hearing with respect to the Agreement, that the consideration for the real property to be conveyed to the Participant by the Agency pursuant to the Agreement is not less than the fair market value thereof in accordance with the covenants and conditions governing such sale. Section 2: The City Council hereby approves the sale of the real property referred to in the recitals hereinabove to the Participant pursuant to the terms and provisions of the Agreement and hereby approves all of the terms and provisions of the Agreement. PASSED AND ADOPTED this 7th day of February 1983. ATTEST: 01� P �, A.0v J * 44 e. �A- v p2,e , City Clerk Flayor n 70� E APPROVED AS TO FORM: ti y Attorney INITIATED' AND APPROVED AS TO CONTENT. - Director, Business and Industrial Enterprise • APPROVED AS TO FORM AND CONTENT: STR DL I N G, YOCCA, CA 1,99N, RAUTH Special Redevelopment unse' APPROVED: City Administrator F'4 Res. No. 5220 STATE. OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 7th day of T February , 19 83 by the following vote: f AYES: Councilmen: Pattinson, Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: Councilmen: E.BSENI : Councilmen: J-1 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California CERTIFIED COPY OF RESOLUTIONS OF THE WILLIAM LYON COMPANY RESOLVED, that any two of the following officers of this corporation: William Lyon, Chairman of the Board James E. McNamara, Sr. Vice President Richard E. Frankel, Vice President Brian V. Norkaitis, Vice President be and they are hereby authorized and directed to execute and deliver on behalf of this company the following document: to the City of Huntington Beach: "Disposition and Development Agreement" between The William Lyon Company and the Redevelopment Agency of Huntington Beach. "Lease and Sub -lease" between The William Lyon Company and the City of Huntington Beach. I, Barbara L. Proffitt, hereby certify as follows: I am now and at all times herein mentioned have been the duly elected and acting assistant Secretary of The William Lyon Company, a California corporation: that the foregoing is a true and correct copy of a resolution duly adopted by the Board of Director: of said corporation at a regular meet- ing held August 11, 1982, that said resolution has not been repealed or annulled, and is in full force and effect. IN WITNESS WHEREOF, I have executed this Certificate as assistant Secretary of said corporation this 8th day of February, 1983. Assistant Secretary �.._. The William Lyon Compav,r REQUEST WCITY COUNCIL/REDEVELOPMENT A60Y ACTION Date February 4, 1983 Submitted to: Honorable Mayor/Chairman and City Council/Redevelopment Agency Submitted by: Charles W. Thomr•,on, City Administrator/Chief Executive Officer 3�� Prepared by: Office of Business and Industrial Enterprise Subject: WILLIAM LYON COMPANY DISPOSITION A14D DEVELOPMENT AGREEMENT Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachrlffents: STATEMENT OF ISSUE: Attached is the Disposition and Development Agreement with the William Lyon Company and related documents and resolutions which, when adopted and implemented, will lead to the construction of the Terry Part. Senior Citizen Housing Project. RECOMMENDATION: Hold joint pub'*c hearing on the William Lyon Company Disposition and Development Agreement, (Attachment no. 5) and adopt appropriate resolutions. ANALYSIS: On December 20, 1982, the City Council and Redevelopment Agency, in joint ses- sion, approved the Collins/Zweibel and Citadel Owner Participation Agreements as the first step in implementing the Talbert -Beach Redevelopment Plan. With this action, the City/Agency is now in a position to proceed with implementing the senior citizen housing project. That project is delineated on the conceptual development plan which is included as Attachment No. 1. It will be comprised of approximately 96 to 11" senior citizen condominiums and 124 to 140 affordable senior citizen rental units. The William Lyon Company Disposition and Development Agreement reflects an innovative approach to providing affordable senior citizen housing within the community. The implementation of this project will result in the construction of rental units which will not require any ongoing Federal or State subsidy and, ultimately, will result in a very profitable venture on the part of the Redevelopment Agency and City. Attachment No. 1 is the document which, when approved, will extend the time within which the Lyon Company can file a claim with the Court seeking alledged damages as a result of the terinination of the previous senior housing project. The successful implementation of the Terry Part. Project will result in a waiver of any such claim. RA: Approve "Withdrawal of Denial; Reopening of Government Code 910, Claim No. 82-79; Waiver and Estoppel As To Time" Attachment No. 2 is a map depicting the overall concept for the Talbert -Beach Redeve-opment Project Area. RA: None . RCA - William Lyon Company February 4, 1983 Page Two Attachment No. 3 is the required 33433 Report for the Disposition and Develop- ment Agreement which reflects the fact that the actual purchase price being paid for the land by the William Lyon Company is not less than fair market value. RA: Incorporate into record for the public hearing. Attachment No. 4 reflects the proposed Agency's role in providing appropriate financing for the rental project and, through this process, leveraging the land value and sharing in the tax benefits and potential excess profits derived from the condominium project as a means to reduce the cost of housing for the seniors. RA: None Attachment No. 5 includes the Ci..y Council resolutions which must be adopted in order that the William Lyon Coli;pan;; Disposition and Development Agreement can be executed. RA: Adopt City Council Resolutions No. 5217, 5218, 5219 and 5220. Attachment No. 6 includes the Agency resolutions which must be adopted in order to execute the William Lyon Company Disposition and Development Agreement and also includes said agreement. RA: Adopt Agency Resolutions No. 63, 64, 65 and 66. FUNDING SOURCE: 1. Future tax increment dollars; 2. Agency agreement with the City (HCD or other- funds at Council's discretion). ALTERNATIVE ACTIONS: 1. Defer action to allow for further study. 2. Not adopt agreement and commence negotiations with other developers. 3. Terminate project. ATTACHMENTS: Attachment No. 1 Attachment No. 2 Attachment No. 3 Attachment No. 4 Attachment No. 5 Attachment No. 6 CWT:TT:jb Waiver and Estoppel A:: To Time for Filing Claim 'Conceptual Development: Plan 33433 Report Financing Process City Council Resolutions Redevelopment Agency Resolutions Development Agreement and Disposition and 1 �k'v�oSEO i _7,A r// WRIM r�`•rMir T %r?L f3E�?- �E•9Cry �EI�E't��'L��ME�/�' �JQaJECT A`2EA y T ti CQNC&C7pT P44V G N -ml-GR ..It:. 0 0 AT`rACIIMENT 3 WILL141 LYON COMPANY SENIOR CITIZEN HOUSING PROJECT Following is the 33433 Report which must be presented in conjunc- tion with the William Lyon Company Disposition and Development Agreement as required under redevelopment law. Also included are appropriate resolutions which must be approved by the City Council and Redevelopment Agency after the joint public hearing is held. These items precede the Participation Agreement which is enclosed for your review and approval. : ' -IMAM Ck' 111 OPCASLI) DI SI' X,1'1'I C):J N ) C)-NEIiU1IMP- �71' r1CIZi : iITrI' IYJ:i '11H, S J" (F I;N) FGR IIRIVATL; MVEWIM-11P BY 'ITE 11111JR-1 LYM CCt•i `N,ri Pursuant to Section 33,133 of the C.'awunity RA-Aevelggent Law (Health anti Safety Code, State of California) , the follo%- ng su:mrmtuy is provided relative, to the proposW &isle and leasing of 1r_•ol_erty within O-ze Ta11:x.�rt-Beach R� - evelol:rrant Project area adjacent ent to 'Perry Park. 1. ProL-iosed Ac1roment. A copy of the proposed Disposition z'i DtaveloE.rment Agreanent for the sale and leasing of land for private dev`loFrimt between the Huntington Beach Redevelopff nt Agency and the William Lyon C:crrrl any is attached as Item D.-3b-8. 2. rties to be ggn�e c3. The attached map (wit A) delineates the boundaries of the parcels which are to be conveyed to the William Lyon Cora-sany. Parcel 1 will be sold at fair market value and Parcel 2 will be ground leased for a period of 15 years. 3. Cost of A� re'ernen t to Agency. The Cost of the Agrearent to the Agency is estimated to be $1,530,000. This amount includes the following: Land Acquisition $1,320,000.00 Rough Grading 4,000.00 Public S+.:reet and Utilities 36, 000.00 Repay -exit of Deferred Fees 170,000.00 Total 1,530,000.00 A. Estimated interest on Financing. The Agency will acquire the site frcm the City and will pay the City for the land over a 30 year period at a 10% interest rate. In addition, th:! City will finance and construct the needed iM)rovemr!nts and defer payment of the project fees to allv.a said fees to be paid by Agency over a period of years. Thus, the total anticipated amount of interest to be paid to the City will be approximately $3,300,000 over the 30 year I>aricd. 5. Value of Interest to be Conveyed. The value of the prop?xty to be conveyed to the ;•lilliam Lyun CcnW-ny is as follows: Parcel 1 $ 900,000 The value of the consideration bc2ing received by the Agency Fran the William Lyon Company is as follows: Acquisition Pa},n:!nt 748,000 Credit for Reitnl) ursement for Previous Lyon Co. expenditures 300,000 Total $ 1,048,000 Said amount is greater than fair market valve. I CONDOMINIUM PROJECT LENDER Ske o, a� ,° CITY � e ld ff O DEVELOPER o o ,o�� oD a CONSTRUCTION OF CONDOMINIUMS ,Y AGENCY CONDOM I N I U"' 00o s O�, �o SALES 1��^ �oo� o�^� ^N .r✓O�h :! O CONDOMINIUM LAND ACQUISITION PAYMENT RENTAL PROJECT [BOND HOLDERS a3, 5 p p fender a�yn�n ' 000 t� f� ' " °an n to A enc 3,500,0 D1 afitlPS 1 2a �-- & Rental Payments 9� / A DEVELOPER N CONSTRUCTION LOAN FOR RENTAL PROJECT TERRY PARK SENIOR CITIZEN HOUSING PROJECT LENDER SUBLEASE AGENCY'S DESIGNEE �II n cu n • CITY COUNCIL RESOLUTIONS RESOLUTION 140. 5217 • ATTACHMENT N0. 5 "Resolution of the City Council of Huntington Beach making certain determinations ►•elating to CEQA compliance in connection with the development of the William Lyon Company project." RESOLUTION NO. 5218 "Resolution of the City Council of the City of Huntington Beach determining that the construction of certain off -site public improvements in connection with the development of the senior citizen housing projects pursuant to a Disposition and Develop- ment Agreement by and between the Huntington Beach Redevelopment Agency and the William Lyon Company is of benefit to the Talbert - Beach Redevelopment Project and the irrnrediate neighborhood in which the project is located; determining that there are no other reasonable means of financing said improvements; and authorizing the drafting and delivery of a reimbursement agreement." RESOLUTION NO. 5219 "Resolution of the City Council of the City of Huntington Beach approving the sale of certain surplus real pr•oper•ty to the Hunting- ton Beach Redevelopment Agency." RESOLUTION 110. 5220 "Resolution of the City Council of the City of Huntington Beach approving the ;ale of certain real property pursuant to a Disposi- tion and Development Agreement by and between the Huntington Beach Redevelopment Agency and the William Lyon Company." e AGENCY RESOLUTIONS RESOLUTION NO. 63 0 ATTACHMENT NO.6 "Resolution of the Huntington Beach Redevelopment Agency making certain determinations relating to CEQA compliance in connection with the development of the William Lyon Company Project." RESOLUTION NO. 64 "Resolution of the Huntington Beach Redevelopment Agency determining that the construction of certain aff-site public improvements in connection with the development of the senior citizen housing proj- ect pursuant to a Disposition and Development Agreement by and be- tween the Huntington Beach Redevelopment Agency and the William Lyon Company is of benefit to the Talbert -Beach Redevelopment Project and the immediate neighborhood in which the project is located; determining that there are no other reasonable means of financing said improvements; and authorizing the drafting and delivery of a reimbursement agreement." RESOLUTION N'O. 65 "Resolution of the Huntington Beach Redevelopment Agency approving the acquisition of certain surplus property from the City of Hunting- ton Beach." RESOLUTION NO. 66 "Resolution of the Huntington Beach Redevelopment Agency approving a Disposition and Development Agreement between the Agency and the William Lyon Company and authorizing the execution thereof." ATTACHMENT 1 0 MCKITTRICK, .JACKSON, DEMARCO & PECKENPAUGH A LAW CORPORATION 4041 ►I.CAIIT14UW HOULEVA11D RICHARO J ALFIIEC-T DAVID G. BARATTI DONALD R. CLINEBLI.L DAVID L COLGAN DAMES A. D.MARCO OLNNIy H. 0053 STEVEN J. OSIOA F. SCOTT JACI.90N ALLAN 1, AMOLL WILLIAM N. LOBEL MIC/.ALL 0. MCCA►r"ET REM A. MC.ITTRICK AN-IREW A. MAUTH[ RCAERT ". MOORL ROOEpT E OPERA THOMAS C •LC-ILNPAUGH JO-•N PETRASICH. THOMAS .A. aEGE4E TODD C. RINGSTAC 9TEVCh .4. ROSC-. JAML14 L. ROSS GEORGE C RUOOLP« JAT f. {,.TLINMA, . ARLA L TOMSE945DN City of Huntington 2000 Bain Street Huntington Beach, POST OFFICC BOX 2710 NEWPORT REACH. CALIFORN• . 26450 (7141 76i•(i5[f5 rebruary 3, 1.983 Beach California 92648 Attention: Thomas P. Clark, J1:., Esq., Special Counsel to Huntington Beach Charles 'Thompson, City Administrator Gail Hutton, City Attcrne}, Alicia M. Wentworth, City Clerk Re: Vvithdrawal of Denial; Reopening of Government Code 591.0, Claim No. 82-79; Waiver and Estor)nel As To Time Dear Sirs and Madams: TELECOO-IER 17141 75I.0927 WRITER S DIRECT DIAL NUMBER* OUR FILL NUMBER: 10258 We represent The William Lyon Company ( "Lyon") . On August 10, 1982, Lyon submitted to the City of Huntington Leach ("City") a Government Code 9910 Claim for Money and Damages. That Claim arose from an alleged breach of the "Participation Agreement for the Leasing of Certain Land for Private Develonment by and between the City of Huntington reach and The William Lyon Company," dated August 7, 1979. A copy of. Lyon's Claim is attached as Exhibit "A." On August:. 23, 1982, the Cit-v denied Lyon's Claim, which the City numbered Claim No. 82-79. A copy Cif the City's denial is attached as Exhibit "B." Lyon and the City ("the Parties") are presently nego- tiating to settle Claim No. 82--79, despite the fact that it has previously been formally denied by the City. 1�1e believe that all Parties desire to avoid litigation and allow time to settle the existing differences without loss of rights. Therefore, we offer on behalf of Lyon, the following agreement for your acceptance: City of Huntington Beach February 3, 1983 Page Two 1. Withdrawal of Denial; Reopeninq of Claim No. 82- 79. The City hereby withdraws its denial of Claim No. 82-79, dated August 23, 1982 (Exhibit "B"). The City hereby reopens Claim No. 82-79 for re-examination pursuant to Government Code 9913.2. Lyon waives the requirements of Government Code 5912.4 that the City must act on Claim No. 82-79 within 45 days after presentment; 2. No Settlement of Claim No. 82-79. If Lyon and the Redevelopment Agency of the City of Huntington Beach have not executed a Disposition and Development Agreement by March 15, 1983, the City shall deny Claim No. 82-79 pursuant to Government Code 9913. Thereafter, Lyon shall have three months from the City's denial of Claim No. 82-79 in which to file a lawsuit on Claim No. 82-79 or any other claims it wishes to assert in con- nection with the Participation Agreement for which a Claim was not required to be. filed; 3. Settlement of Claim No. 82-79. Upon execution of the Disposition and Development Agreement referred to above ("Agreement") the City's full performance under the Agreement shall be an integral and material part of the settlement. The City shall not deny Claim `1o. 82-79 at any time during the period of performance set forth in the Agreement. Any breach of the Agreement by the City shall be deemed a denial of Claim No. 82- 79. Lyon shall have three months from such denial through breach in which to file a lawsuit on Claim No. 82-79 or any other claims it wishes to assert in connection with the Agreement for which a claim was not required to be filed. Notwithstanding anything herein to the contrary, the tolling of the statute of lirnita- tions, as herein described, shall terminate upon the earlier of (i) the failure of either Agency or Lyon to perform its respec- tive obligations within the times set forth in this Schedule of Performance attached to the Agreement and written notice of such failure has been given to the failing party by the party claiming the failure to perform, (ii.) performance by Agency pursuant to the Agreement and receipt by Lyon of all required approvals pursuant to Paragraph 9 of the Agreement, or (iii) two years from the date hereof, unless extended by mutual agreement of the Parties. In the case of termination of the tolling pursuant to subparagraph (i) or (i.ii) above, Lyon will have three months from such date' within which to file a lawsuit as discussed above; 0 City of Huntington Beach February 3, 1983 Pace Three 4. Waiver and Estoppel As to Time. If Lyon files a lawsuit in accordance with the provisions of Paragraph 2 or 3, above, the City, its associated entities, its insurers, employees, agents and assigns fully and forever waive and are fully and forever estopped from asserting any claim or defense based upon the passage of time including, but not limited to, a lack of diligence, laches, the actual expiration of any statute of limi- tation, including, but not limited to, Government Code §945.6 with respect to any claim or cause of action of Lyon arising out of the Participation Agreement. Notwithstanding the foregoing, the City does not waive nor is it estopped from asserting any such defense or claim based on the passage of time which claim or defense arose between the date of the Participation Agreement (August 7, 1979) and the date of filing of the Claim by Lyon (August 23, 1982) . 5. Waiver and Estoppel As to Enforceability. Lyon and the City, their associated entities, insurers, employees, agents and assigns fully and forever waive and are fully and forever estopped from asserting any claim or defense that this letter agreement is void, unenforceable or against public policy; 6. Miscellaneous. All exhibits which are attached to this letter agreement are incorporated herein by this reference. If the foregoing provisions are acceptable to you, please acknowledge your acceptance in the spaces provided below. TDP:lc :AGREED AND ACCEPTED THIS r DAY or ;', 1983 CITY OF HUNTINGTON BEACH By: _ . '}`tt�J-..•_c,�,.... ATTEST: Alicia A. Wentworth City Clerk Very truly )ours, 77 GG Thomas D. Peckenpaugh THE By: By: WI LLIAM LYON COMP 'W4wmt Addrwu avid Tsiphors Nuoof Attormorvis) Michael D. McCaffrey of Donald R. Clinebell for F GLOP S HAR.DEE 4041 MacArthur Boulevard Post Office Box 2710 Nea-po^ t Beach, Ca. 92660 Anorntry(s) for Claimant Claim of : THE WILLIAM LYON COMPANY Claimant, VS. THE a M CITY OF HUNTINGTON BEACH, n i c i va ] Cnrnor�A e•o Tidal as follows: (Type lx print) 1. Name the CityQ; Uuntinston Beach 2 fserson serve0 and title: Hu.nt1ng. on Beach, City Clerk 3. Prier+ with whom left: tstfe or mistionshoo to P"von tefvud: 4. Putt and tin., r orlivtry: AuCj u S j Q, 1 9 8 2 5. Mailing date: type o .1. Exhibit A SOaK* .v for Ulm of -fV ClFi Only C= F.; m o —o CASE NUMBER PROOF OF SERVICE 6. Aodrm. city ewto state (wh#m reouirrd. indicate whether x0rou ishorntor butinta): __2000 Main_ Street, Huntington Beach, Ca. 9264E T. Manner of servicv: (Check apptolriatc box.) ❑ (Perso,al wrr.ca) By handing copses to the Person wtvea. ICCP IAIS. 10.1 ' ❑ (Substituted wifncs on corporation. unincorporated startiatton (including partnonhrp;. w Public antrryl BY leaving. Outing usual office hours, coaors to the office Of the person sr+Kd with the or•aon who eppsrently was to charge and thertsftr mulling lby fint•cl&n rail. Postage twMaidl coprrs to the person served at the place vv"ere the cOptts sure Wt. ICCP M15.201al.) Place of ma�l�ng• ❑ (Substituted wnrias on natural person, wanw, incoffoa.eteM or caMidata) By leaving Cops" st Ilse dwelling house. usual plod of abodes or usual pbcs of busenrss of the person served in the Pawner of a Competent r1embr of the "usehold or a nrrnn aoaanently in charge of his office or placs of bvNntss. at least 1S years of op. vvho was inlormrd of the perwal nature of iM owrrs. and thtfeWirr mailing lby frntclau nail, ocM&W Drroaodl cootes to the Damson served at Ihti DIXt where the eopits were felt. ICCP 415.201bl. Attach saparsts declsratiws Or sffida•it westing acts rafted on to rttablish rassanable dil,ptnce in first attampting porbnu wvieas.l Place of nwoling: (Continued an rvvww scale) PROOF OF SERVICE I4Pal rtst/s.ti11f1117g) `I�1� . ❑ (owl wed sdu.a..4owntnmt 1 Ny rnrilir' (M fhm-d st mjwl ar rirmwill V" I ONO arvrei. amprow w� rmw a mores a( ow form of notice eyed �nt wwd s rwturnww*W". pCpwAp� ire w tlwt mom. (CC11414J0. Atftd. wrktw raki.wr iwia+►rrr+t wf f ime at rnrwkw. ❑ IGr►t�f.r: er r+grwawl wwit awAme) by n&Ukq is m*lmm autaide C lifornir (by nvism or anniflod sire it 9"Ch m1wn+ roariot req ueorwil owes to err Pmman W%*Pd. 1CCP 041L40. Anuch *pmd rww m rwswipt wr sew wW ww of scswl uwli+wy r tag. 00 Wd arV*dj PUACM of M`101660F. ❑ fo wr—= 6413.10, 412M. 417.10-417.30-Atcta+h wPmrww PDPW It POEMEwT: The lotloerinq notice appeared on ere comer of the summons served (CCP 412.70 or 474). ❑ You are served as an Indhrldual defendant. ❑ You are served as (or on behalf of) Vm person sued under Vw actitfous rum+ of: ❑ You are served on brrhaff at: Under: ❑ CCP 416.10 (Corporation) ❑ CCP 416.60 (Minor) ❑ CCP 4t6.20 (Defunct cormation) ❑ CCP 41IL70 (Fnccmpswg) ❑ CCP 416.40 (Assoclation or parts wwap) ❑ CCP 416.90 (tndivfd") The ratios stated on tt* summons appeared an tie copy wrved(CCP f ILM or 474). At the tirra of w I was at WON 16 yaws of aqe and not a party to tree letiort. Fee for savkn S. I M i Woe S Notary S , Tots! S � ..�. (To be cnmp4eted In Csnitrnio by process serve, otSef than s sheriff. mor&W ar crowbib a•) ❑ "a registered California prows server (CCP 417.40). ❑ Regislertrd: CQurrfy. Number•. 1 declare under penalty of perjury that am tom9cing is true and correct and that this declaration was ax&ct od pn (Insert date) . ad (Insert piece) cankwrA& (Typo or print rwna. aodrwss., seed tswriphaw m) Ro be In C&MornW by s t.m, sww �hr « ' ) I c wUty VW Ow fornomg Is errs end correct and text tlfda cerdncate was executed or. (ira.rt date) , at Qrtsert piece) , California. (T" or pdm name. title, county and, wtvm applicabla. Mw*i- pei at Justice Court Diw rid) . Slgnatum. I 39W11"* •This declaration or tertiflcata of source must be axecuted within C.snlorni■ (CCP 2M&M. A pmO of servka axecutrd otrttdde Cali- fornia twsl be made by affid"t. m �i r 1 fr Michael D . McC .. _ ey of 2 Donald R. Clinebell for £ULOP .-& HARDEE 3 4041 MacArthur Boulevard Post Office Box 2710 Newport Beach, California 92660 5 (714) 752-8585 6 Attorneys For Claimant 7 .811Cia.mof: 9IITHE WILLIAM LYON COMPANY 10 Claimant, 11 12 11 THE CITY OF HU14TINGTON BEACH, 13 a Municipal Ccrporation 14 L CLAIM FOR MONEY ANT) DAMAGES (Government Code S 910) - TO THE CITY OF HUNTINGTON BEACH: 161 YOU KRZ HEREBY NOTIF :.: D that THE WILLIAM LYON COMPANY 17 ("Claimant"), whose address is ? Corporate Plaza, Newport Y8 Beach, California 92660, claims -oney and dar..ages from THE 19 CITY OF HUNTINGTON BEACH ("City") :..n amount, ccmpu ted as 20 of the date of presentation of this claim, of two million eight 21 hundred thousand dollars ($2,800,000.00). 22 This claim is based on damages sustained and to be 23 sustained by Claimant as a :result of City's breach of the 24 -Participation Agreement for the Leasing of Certain Lard. for 25 Private Development By and Between the City of Huntington 26 Beach, a Municipal Corporation, and The William Lyon Company" 27 ("Participation Agreement"), dated August 7, 1979. Claimant 28Igave City the rewired sixty (60) day writ -tan notice of breach N llof Participation Agreement on August 17, 1981. That notice 211period, a condition, precedent to this claim, expired on October 3 1117, 1981. 411 under the terms of the Participation Agreement, Claimant 61wrs entitled to develop the old Civic Center Site in City with 6+senior citizen, subsidized housing. City informed Claimant that 7JJCity would not enter into a lease on the old Civic Center Site as 8 required under the Participation Agreement. Cit7 later refused 9 to sign the required lease. 10 Claimant is informed and believes and thereon alleges 11 that the public employees causing injury to Claimant, as far as 12 known, are the members of the City Council, City Staff and the 13IICity Administrator and other persons presently unknown to Claimant. 1411 The damages and injuries sustained by claimant, as far 15 as knourn, as of the date of presentation of this claim, consist 16 of contract damages. 17 1 The amount claimed, as of the date of presentation of 18I1this clai--m, is computed as follows: 19 Damaces Incurred to Date: 20 Total Damages Incurred To Date 21 inc--1 ding engineering, con sultants, Jost profits, 22 depreciation, other general and special damces : 23 S 2,800,000.00 241IEstimated Prospective Damages As Far As Known: 25 Total'-;Estimatid Prospective 26 Damages: unknown 27 Total Amount Claimed as of Date 28 of Presentation of this Claim: $ 2,800,000.00 -2- Viv-NI, 1 All ices or other co=unicat ns with iu. to regard this s g 2 claim should be sent to: 3 DONALD R..CLINEBELL FULOP & HARDE£ 4 4041 MacAxthur Boulevard Fifth Floor 5 Newport Beach, California 92660 6 DATED: August 6, 1982 7 FULOP & HARDEE 8 9 By Donald R. Cliziebel 10 Attorneys for Claimant �.1 12 13 14 15 16 ,7 18 19 20 21 22 23 24 25 26 27 28 VERI FicATION STATE OF CALIFORNIA. COUNTY OF ORANGE I have r=d the foregoing r'rjTM.Fl1R fir. [D_PA-MACES and know Its contcntx. CHECKAPPLICABLE PARAGRAPH 1 am 2 pany to this anion. The mutters stated ir• it are true of my own knowledge eseept as to'thosc matters which are - rated on information and bebef. and as to those matters I believe them to be true. 1 AM M. n 0(h cr ❑ a purincr ©a 01 �. THE WILLIAM LYON COMPAIJY - a party to this aaioat, and am ttcl:horisod to mike this verification for and on its behw!f, and 1 make this vctifwtion for that reason. I am informed and bedievc and on that ground allege that the matters stated in it are true,. I am one of the attorneys fur a party to this action. Such pany'is ab=* from'the county of aforessid.whem such attomcys have their ofli m and I make this verification for and on behalf of that pany for rMt reason. I am informed and believe and on that ground allege that The matters sated in it arc true. 62 Ne rt Beach. Executed on .� �y.��St � 19 tIt W� �� Ctellfornla• 1 detlarc under pcxtalry of perjury that the foregoing is true and comets. (NOTARIZATION NEEDED ONLY WHEN ;Mh EXECUTED OUTSIDE CALIFORNIA) Briin Subic TN day oL19&., SANDRA L, SANFORD My Comm E'�P" 1vn� �a• J pa5 NOLam Public in and or said Count and Slate ENT OF RECEIPT OF DOCUMENT "in c (other than summons and complaint) '+ C= c� n Rc.=vcd coo-, of document described u PROOF OF SERVICE BY at�� HAND DEL=Z�Ri STATE OF CALIFORNU... COLINTN' OF ORANGE 1 am employed in the county of Oranae state of California. I am over the age of t8 ind .tot a party to the within a:t;on: rn. usinc�s �ddrps is' 4R4 Mar-�rthu E� va NewDort Beac , Ca_i�crnia 9�56�7 On— Z:l:f�'� s t 19 `i z 1 served the foregoing document described as CLAIM E:JR MONEY AND DAMAGES on ODDOSlnc party in this action b� e2aalnplld���r��lf✓. I e614✓r1wYwoo/ea,Ad� d M4r4(eWeW�_t% t addressed as follows: City of Huntington Office of the City :2000 Main Street '0.0. Box 190 Huntington Beach, Beach Administrator California ?2648 (BY MAIL) I caused such envetopc with postage thereon full) prepaid to be placed in the United States mail at California. (BY PERSONAL SERVICEi I caused such envelope to br delivered by hand to the ofricts of the addrtacc. E=erutctl on Auaust 10 19 8Zat Huntington each Ca.ifcrn;x, -- -- (State) � (Federal) I declare under penalty of per' c lbovca,s )rue corrrc�,. n Mant's I$*moo• •yr t►•/• •0 t• 1I:4-W .w« n• .n•r .. L•w••r taa r 1•r•••� C•rM. (Sif • •r , : � � " YERIFICATIUN . ' r.�+., , .•' • STATip E [17FC'aAERNIAI• CpUh'srDF�wfaarl• ._.\, - R •; ,' ��.t��`• • .�.�«•1• .f•• •�•'�. h •. 1.r.,j ^.'�••'.%•..`.'� •, `... �•,�Ii .'tJ'!• 1F •Lw �/'. 1' - •�l{fii+�`t•�� rL• r••-v•l:w NC.A.. PiA�HY^., L:1 :.•••y' :•.a.fir. :y y!E�tAr, • L�• . _; mac.. J= ���-..y.'�`� � �,�, `-`� •.,-� _;Zkit 'rtww.in: ilr smave d rity ow�rkea•+lod Ltzespt as _ !xc'f "� _ ..•�• rr ��,.�.{� �t��'- �_��/ ��� y�stta#;bctic,:e than to be tram 'rc: r J- y.-; .♦ �fr .7'y+rJ+'w'.' •RTii �� W17' � +�.. w•ww! ,� i. •i+1, y ' 4 i "•�• �' Mlj�� }� '�'r.� w" •�It<•�•"t'� • ',�,+��'. a• ' y . .. •..L.L }. J •-IL• • r:,- %1•ral'�M i•ir �.. ,• n �.r• .I•..*. r .. » .r'' '1 ' •: t.... fMa »•-%'. ��� lTr � r•S +� •'�'��17' `�•`r.. 1YM� .•...�Y �•'[ y.M I I•`- �_ : ^ •i •%, .I -••' 'If I.. ..ram. .��••. .�Y��.1:�/i•`I•�•: •7. _w, '•• `�y1 .�`i:�1:•�'••1�"jF�?'."'\•. �1•,J'i ��.��yT•"•Ih.�..J.i �•.•,r w.i �.."`;, F. .. 't•.... t:.� •, •i,+:. }• � wA .t­T 1_Zq!+ rT _� • 3 I' � • ni t"�r .. t j��. � ..,.. 7­77 �•7{� �++� ('1:. iii:r�clivTl�rLai •dim, . . !�� 't•a. t�i�!'i'SL3tRi.in'i{'S.a'r•C tiiitr•:. ��y, yy�:.*yrL.�r{f• y.. :.�,�•: J ti,• ��' �•'�d -,.r I� _�• 1_R•„ rw- ;A.. --1 r•1` •1�, •lS� „�,,.'� •:qr �� y, • �►.i^�'v- ` •�'��-�M1 Tr^' '.-i' •,•• r.7'-f'rY!,. j�•' � •1•.. ,+,••. ��-^ �4 ,, ilfrii�taid. rrizrse such atiarncyt+ Irtrt is:-:� . _�•^� } �- ••�' • `" • i f ti�'nasar�-ka+m-icfarttirad acd•bc.�ierte;and�on_tha•k�rrv.ets�•td,• ;,} 5. y.114 A.•.1 '•��,-V�. .�1. •'�, ,. I�•.� _ 7� _ y • � � .•y" _ � : :\ may, .� • �:•4;.'r,'. r^+L ('. •• • t -'L 1: •w• .�,•'��...r �!••�'\\A'•�• ti:•• eft•'•±••�•••r�' 1r rf^'+• } •'i}1-~� R5 ••'{ �•+�L.�r��i, I. -�. !, •• •T.r,,'�. N. ♦ r • Mr�i I ... 't•- p^ �(iZ . ►l• L.i �•N►Yc Wi•. i ; .: • �... •,,�..• _rM.lt�'-:,..�wf•••.:-f.: "�,.,•.'•.:�:a ,r,tl�t'lt.rA'J=•' %,�:r,•M.V'•�'•�1�.: •v�• ..•: ;_ •-� �r •t,. •r:�' .� •: '-♦'•e%:w• *tT' •�,• ,�•ti`� 'tr'• ��. �r „ p�fr,yr�y%�lY ��y�'{ L.ItrLiR'Cor1�`t... ..r `�tr•, y���r f'! w, r ••••w►� ~ �r• ��. _�•r4�C'��_7 �',•••j'���F^'Rrro�ri� I:. .� �. .. •,' r� t• •.r :i ,fN�LJr'+.��-w.l+ti• ••I�' '� _��:•':/w�+:r.�.�� R tiiNi3iAxY 1�i/i•�, EE ��,.... D M-.}�.�f, !.t..• •' L•'t •rL:► �, ��: �r�• ,J . r�!•�-. ff,�` �••• .� _ •�,� ��:;. . . _::. (1�+; i�ItT•K"0*k—T, WH EN� �� r :•. t `' -. ..�•,� •:.- :r •'. ;• , .. .. ! •. ...Tw � ► fir•' •� � % • �. ., • IA r:l'� •" f ;:�.I ••- •\.. !s i::.�� •�°:� ` . ".li,Efr�'UlEq' Gtn3 De: CAIJ kbR 1jA) ;,,:�; ��,,,.i� ••� ;;�•r '•: i �.:. aYu' :. t• .. -,,• .. ' • ."' '>. (•••••• yJ•,.ir� .��. t!•��•,�.*.r..:r..�•it•Z'/,ev.�' :�,1'.I•,:�..�:•r,,..i,�;..x.0 rrf►Sw::.S .t•iR;'.. �� .'ti' ..•-.S� •.:••.'.T: •.t, .•'w• "-' • ►Cw�' �-•- Y � ~' ' i r �• .. R S .; _ ..�•y -• . 7•. ty. .f �•r V,.•�• •�\ 1" y 'Z• ++~1 • `•�+• ti •wi•� 1 •fir 'i•.. ~_ :'.• ' *• . 17. •T,•:1 i... •'•-'�jHbs 71 .i�rflr'07R�o,bc•GS'C'111R ku;.w3"7�rf 1 '- s�ry.pL •" �- .r...�= •.: r' VMi .. -,. .�'y 'l. T t• y• •}f ,'d.. -^-f.�•~• L.1'_1.�.t .., i •.1 - _ �. .' l: f '^ • �� t .. t r L•i , •re'�. �� ,�, �I � •`; w ' Hour) public in and for raid Co41fs2)'sv t.Siate _I + :.. ;,' :r•' .:_•�.:� '�.!t::'�• .•' •'� >?G CKI�O LE • • •i .� DOCUME.w? .. ._ • .. ... . w hfENroF RECEIPT of r �; ' :.t ~'••r. • : •,,�;' ;;�t�, • ' "e `: _ : father than iummbiu and-complaitt.t)�. . �,• r2 L .��f-1..'•,�•:+rt. 71:J'-'_` .,t tZ •r"\ !�1l ~'. �•j ,�• .. J- '. . • - .•fi. ,�'•., 'r 'Rrixi•'cd'copy•of doaatatnt dr*rs► ��+• . x. j , +• ... ... — :; •`• ' R ^Jr'.i• PROOF -GE SERVICE BY MAIL `- •:. °' - • �' t�'=; • �-5TATEt7.F CALIFCIRNIA. COUNTY OF ORAir1G>r'f : •:` `; " '. state of Cs ornic: + 1 err► employed ir1'1he toasty of�� . ' F wo over thc-W or IB and not a party to the within actiiaw. my business addr u is: 4043 MarLr;-hi�r An�•�1 t?y rd+ NawAnr;�RP'Lrb_. P21960 4 r • _ _ p +- C� • 9-g �. l sc.~vt& the We document described e� .—.----• CLAIM FQ$,_ MOM aun I.?P.M�S;aF..'�_.• ~: • ~• • ia.this'�aio�': plsciRfC a true CVT shercaf entloscd in i scalrct Cnvdopc with postage th---von fogy prepaid is thrUniteri •,~ _r "�_ �• Stueyrmat7;a a .. •. .- - _ .\,. .r - � . add�.as rouows`�• City , unti•ngtoa Beach •,.. , `'�•'- : '`:. •{r _ . • [7f�ice.�Q,.the'.C-:.ry, Administrator { '�,'� ,,.�.'• =':=�. . •2,00�%Main S�tre6v•r r', =, . ; ... . r - Calif orsira •52.64 8� • • `., Huntinvton• Beada' . :�z� •-_• REGISTERED-• ilALlRN _ :• r f f.� ' . '". • , 'RECEZPT' ILI QUESTED ' 4ccd in the 'United Siatrs mail , �• dY(�y I••^+�`• '{whr()r such crridope'with"posz�gc�hcraon fully prtprid to be p Ca Lira mm— r " ED'•- ti�ir PERSONAL SERVICE) i crurrod.rrcfr•cmrdcpeto be deliversd by hand ta-the oft'►e�s of _thc addt • . -� .California. . Q •(sutej.. El (Feda%4 • . 1 dt:elire under penihy of pcsJuty that the above is true and:ccrrt=. AL _ ..r-t:wnr: rs.+� r•ftawcr I�.�to :. ae: - �/ t • • �,��''��11 fvwo+ .+ram •4r••rw M� r ��•� Cw.�, Fhy lAi $ blot i.�ll dnl • ,Exhibit B C . ITY%I-F HUNTING#N BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK Date: August 23, 1982 William Lyon Company c/o Michael D. McCaffrey of Donald R. Clinebell for Fulop S Hardee 4041 MacArthur Blvd. P. 0. Box 2710 Newport Beach, CA 92660 Subject: Claim No. 82-79 CALIFORNIA 92648 11111 ltitrtrv'S I N.B.: i. REOEIVEt7 AUG 2 51982 C-J" TO CALEMPAR90 REFERRED TO Notice is hereby given that the claim which you presented to the City of Huntington Beach on 8-10.-82 was denied on 8-23-82 . WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6 You may seek the advice of an attorney of your choice in connection with this matter. If, you desire to consult an attorney, you should do so immediately. Alicia M. Wentworth City Clerk AMW:jms 4 0 IToWphom, 71a. 3"2.271 MCKITTRICK, JACKSON, DF-MARCO & PECKENPAUGH A LAW COPPpRATION P,ICHARD J, ALeRCCHT DAVID a. "ARATTI 000-ALD R, CLINtNELL LTAVID L. COLOAN JAMKS R. DtL11RC0 OtNNIS H. DDss STCVLN J. 0910A r, SCOTT JACKSON ALLAN 1, AROLL WILLIAU N. LONCL UICHi,CL D. I+CC&FFRCY REX A., WC.tITTRICA ANDRCW w, wAiJTHC RO\CRT r. MOORE ROSLRT C. OPERA THO►IAS D. PtCKL04PALi3H JOHN PCTRASICH THOMA• W. PCOtLC TODD C, RINOSTAO 1{TCVCH M, ROSCN .JAMCS L. RCSS OCOPOL C. RVVOLPH JA• R. GI ::•.w AN KARLA L. TOROCR/ON City of Huntington 2000 Main Street Huntington Beach, 4041 M.CAHTHUA HOULEVAn r POST OFFICE 13OX ?710 NEWPORT !!EACH, CAUronN1A Daseo 17141 7511-D5a5 February 3, 1983 Beach California 92648 Attention: Thomas P. Clark, Jr., Esq., Special Counsel to Huntington Eeach Charles Thompson, City Administrator Gail Hutton, City Attorney Alicia I.I. Wentworth, City Clerk Re: Wi..hdrawal of Denial; Reopening of Government Code §9.10, Claim No. 82--79; Waiver and Estoppel As To Time Dear Sirs and Madams: ATTACHMCN TCLCCOPICR 17'41 798.Osw7 WRITCRIS DIRECT DIAL NUO+U914: OUR rILt r4UMVICR: 10258 We represent The William Lyon Company ("Lyon"). On August 10, 1982, Lyon submitted to the City of Huntington Beach ("City") a Government Code 9910 Claim for Money and Damages. That Claim arose from an alleged breach of the "Participation Agreement for the Leasing of Certain Land for Private Development by and b^tween the City of Huntington Beach and The William Lyon Company," dated August 7, 1979, A copy of Lyon's Claim is attached as Exhibit "A." On August 23, 1982, the City denied Lyon's Claim, which the City numbered Claim No. 82--79. A copy of the City's denial is attached as Exhibit "B." Lyon and the City ("the Parties") are presently nego- tiating to settle Claim No. 82-79, despite the fact that it has previously been formally denied by the City. We believe that all Parties desire to avoid litigation and allow time �o settle the existing differences without loss of rights. Therefore, we offer on behalf of Lyon, the following agreement for your acceptance: a City of Huntington -Beach February 3, 1983 Page Tw•o 1. Withdrawal of Denial.; Reopening of Claim No. 82- 79.. The City hereby wthdrawas its denial of Claim No. 82-79, dated August 23, 1982 (Exhibit "B"). The City hereby reopens Claim No. 82-79 for re-examination pursuant to Government Code 5913.2. Lyon waives the requirements of Government Coke 9912.4 that the City must act on Claim No. 82-79 within 45 days after presentment; 2. No Settlement of Claim No. 82-79. If Lyon and the Redevelopment Agency of the City of Huntington Beach have not executed a Disposition and Development Agreement by March 15, 1983, the City shall deny Claim No. 82-79 pursuant to Government Code 9913. Thereafter, Lyon shall have three months from the C ti y's denial of Claim No. 82-79 which to Mile a lawsuit oa Claim No. 82-79 or any other claims it wishes to assert in con- nection with the Participation Agreement for which a Claim was not required to be filed; 3. Settlement of Claim No. 82-79. Upon execution of the Disposition and Development Agreement referred to above ("Agreement") the City's full performance under the Agreement shall be an integral and material part of the settlement. The City shall not deny Claim No. 82-79 at any time :during the period of performance set forth in the Agreement. Any breach of the Agreement by the City shall be deemed a denial of Claim No. 82- 79. Lyon shall have three months from such denial through breach in which to file a lawsuit on Claim No. 82-79 or any other claims it wishes to assert in connection with the Agreement for which a claim was not required to be filed. Notwithstanding anything herein to the contrary, the tolling of the statute of limita- tions, as herein described, shall terminate upon the earlier of (i) the failure of either Agency or Lyon to perform its respec- tive obligations within the times set forth in the Schedule of Performance attached to the Agreement and written notice of such failure has beE_: given to the failing party by the party claiming the failure to perform, (ii) performance by Agency pursuant to the Agreement and receipt by Lyon of all required approvals pursuant to Paragraph 9 of the Agreement, or (iii) two years from the date hereof, unless extended by mutual agreement of the Parties. In the case of termination of the tolling pursuant to subparagraph (i) or (i_i) above, Lyon will have three months fron such date within which to file a lawsuit as discussed above; ' r City of Huntington -Beach February 3, 1983 Page Three 4. Waiver and Estoppel As to Tine. If Lyon filet a lawsuit in accordance with the provisions of Paragraph 2 or 3, above, the City, its associated entities, its insurers, employees, agents and assigns fully and forever waive and are fully and forever estopped from asserting any claim or defense based upon the passage of time including, but not limited to, a lack of diligence, lathes, the actual expiration of any statute of limi- tation,•including, but not limited to, Government Code 5945.6 with respect to any claim or cause of action of Lyon arising out of the Participation Agreement. Notwithstanding the foregoing, the City does not waive nor is -it estopped from asserting any such defense or claim based on the Passage of time which claim or defense arose between the date of the Participation Agreement (August 7, 1979) and the date of filing of the Claim by Lyon (August 23, 1982). 5. Waiver and Estoppel As to Enforceability. Lyon and the City, tom -associated entities, insurers, employees, agents and assigns fully and forever waive and are fully and forever estoppe:? from asserting any claim or defense that this I etter agreement is void, unenforceable or against public policy; 6. Miscellaneous. All exhibits which are attached to this letter agreement are incorporated herein by this reference. If the foregoing provisions are acceptable to you, please acknowledge your acceptance in the spaces provided below. TDP:lc AGREED AND ACCEPTED THIS DAY OF 4AUUAFW, 1983 ra "_" G CITY OF HUNTINGTON BEACH By: FRYUK ATTEST: llcia orth Wentw City Clerk Very truly ours, Thomas D. Peckenpaugh THE WILLIAM LYON By: BY: COMP W. ' • Exhibit B CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK Date: August 23, 1982 William Lyon Company c/o Michael D. McCaffrey of Donald R. Clinebeil for Fulop b Hardee 4041 MacArthur Blvd. P. 0. Box 2710 Newport Beach, CA 92660 Subject: Claim No. 82-79 CALIFORNIA 92648 N.B. RECEIVED AUG 2 - t°82 L co" TO CALINCAA14 lIMARFU TO Notice is hereby given that the claim which you presented to the City of runtington Beach on-10-$was denied on 9-23-02 WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file z court action on this claim. See Government Code Section 945.6 You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. Alicia .4. Wentworth Cit., Clerk !BMW: jms ; (To4pNxw: 11a43&3Z271 12/81 1n1,�UST.eI�Z P�k'� A vi W. Ah) Lill L-- I T.91-8Ee7- 064,Ci ' REOE UEL 7" PRaJECT ARE4 • �On�CEA"TUAL PEkoLz7Z OPM50— RXA1 e • ATTAMWIF rIOT 3 WILLIAM LYON COMPANY SENIOR CITIZEN HOUSING PROJECT Following is the 33433 Report which must be presented in conjunc- tion with the Wi l l iari Lyon Company Disposition and gevelopr,ient Agreement as required under redevelopment law. Also included are appropriate resolutions which must be approved by the City Council and Redevelopment Agency after- the joint public nearing is held. These items precede the Participation Agrecment which is enclosed for your review and approval. StSMW CF Irck'ts 3) DISTVA61TIC?1 A`U M-NMOI-M A:rt'3-i.-T :TV 741M HATE CF WD M4 i'iilt7= t7e.J1'otutr In Tfm FrZ1.I m Lyct: C1C!' m.y PumAnt to Sxtiai 33433 of the Cmnmity RNir.:•cicqirrst I.T,t (16alth arri Safety Ccx3e, 5tats: of California), th, fol!cwin; rx.ru•y is 1=,J 3c) nlauve W the. F'rjcs,"► sale arwi lcusirx; of pralcrty within the TAIbPr-t-r+e.%ch Rj&-mlopnstt llmjeot ama ai3,:_rnt to 2!•rry Park. 1. Ngow�! farm-mcmt . A copy of thL pine xi Dis;rxiitian and rr-.elcV-r. t A,rr-cre-it for the sale and Lusi.-y of Ixid for private ec%"Ioln_mt Lzt.cen ter rxsuh Fira3eyvt 1oFrta:t A�ncf and the Hillis Lyon Ckriyurl is at:acixti as It" D.-3`r6. 2. Pt�a!rU,__S to :.• Ccrr jud. he attachW rap MthiLit A) delirrvtrs Lhr. baLr aries of thr lmxmis whic4l arw to to-, camVIul to t� Hill:,r Lyxe CYr{urrf. Prime! I will tag sold at fair nui.et value and Panel 2 uill t,• yry ni lrnvr: for a ;r_riui cf 15 }earn. 3. Cost of Carr-mmt to Xy*xery. the O>st of t'n k3nmm—nt to the X?uncy is eesta.niW to LE. 51.530,0.0. :Tas aVx.-it imlLr3ee th fa)lc-xur: Zsrii AcrTsisition $1,320,000.00 PcuL;h Gradin: 4,00r.00 P-Jblic Street &,o Ut'lit-2es 6,DOO.00 H 1, _ t of r•-fer.t.i F•e+,3 170,000.00 'bull 1,530,000.00 4. FstL atxd !nterest cn 2Tr_ X"Pe1wj ,.;11 aarurr the site f nin tvr city arri -will Fa f tt%_• City for ttn lice err a .10 itv:r 1criti1 at a ins Interest rate. Ir. a3dincn, tlr City %.-Ill fi.a-ck t-d arut.-Wt ttkr nI'derl a'li defer ;.ryrtnt of uhs- pm:ect fm.s to allcLi said fc-!! to t:r laid L' P.;.xry m-! a lu-laf Of ;.ra:a. This, the- total a.^,tleilmu.1 .v"x.t of inti-n-st to ter laid to tre City w:11 !r apprr irately 53,300,000 c,.t.r t2r. 30 }t.sr ;erlct:. S. Vale of Intrrest to t.• Ctin ,%,,d. :Tier :'al.r of Lhn prt;.�rty to t•r mrrr yl.i tri tt',rr gill:tr^ ;:.tr, Cir�a^y is As follcWs. rm"c l 1 S 900. CIM :Zi? valw cf t`rr Lmslri'r lum lain; by Ay-:-1 f f:tr- the M llimn L}tri C7rr zL:f is as f014:vws: Aol.da:tieen Fa}err.: 74S.(M C*tsirt for Rri:- urrdn^t for Psn-icns L?Ky% Co. ex, sr4 i tumse 300, coo P w�l 5 1,049.0?0 Said x mt is nmter t.vn f,tir .:uk,-c %-Alve. • CITY COUNCIL RESOLUTIONS RESOLUTION NO. 5217 7 ATTACHMENT NO. 5 "Resolution of the City Council of Huntington Beach making certain determinations relating to CEQA compliance in connection with the development of the William Lyon Company project." RESOLUTION NO. 5218 "Resolution of the City Council of the City of Huntington Beach determining that the construction of certain off -site public improvements in connection with the development of the senior c*tizen housing projects pursuant to a Disposition and Develop- ment Agreement by and between the Huntington Beach Redevelopment Agency and the William Lyon Company is of benefit to the Talbert - Beach Redevelopment Project and the immediate neighborhood in wh4ch the project is located; determining that there are no other reasoi,:w'e means of financing said improvements; and authorizing the Grafting and delivery of a reimbursement agreement." RESOLUTION NO. 5219 "Resolution of the City Council of the City of Huntington Beach approving the sale of certain Surplus real property to the Hunting- ton Beach Redevelopmo nt Agency." RESOLUTION NO. 5220 "Resolution of .the City Council of the City of Huntington Beach approving the sale of certain real property pursuant to a Disposi- tion and Development Agreement by and between the Huntington Beach Redevelopment Agency and the William Lyon Company." CONDOMINIUM PROJECT LENDER CITY d. 1 e s DEVELOPER CONSTRUCTION a OF o �N� CONDOMINIUMS CONDOMINIUM SALES AGENCY b% h� CONDOMINIUM LAND ACQUISITION PAYMENT / RENTAL PROJECT i 5p0 ,000 3 4cee s 1.1 '7 to a 53' 500, � der yn�n 0 a t of Co an man to Agencv & Rental Payments q ` d j BOND HOLDERS DEVELOPER CONSTRUCTION LOAN FOR RENTAL PROJECT TERRY PARK SENIOR CITIZEN HOUSING PROJECT LENDER SUBLEASE AGENCY'S DESIGNEE L �