HomeMy WebLinkAboutYMCA OF ORANGE COUNTY - 1999-11-15FOB
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
CALIFOR N[A 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANS1IITTAL OF ITEM APPROVED BY THE CITY COU\CILI
REDEVELOPNIENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: 3-8-00
TO: MS Vickers I I , LLC ATTENTION:
Name
1999 Avenue of the Stars, #2000 DEPARTMENT:
Street Los Angeles, CA 90067 REGARDING: Consent for Pending
City, State, Zip c n i o "-F n C -- —A ..
See Attached Action Agenda Item E-19 Date of Approval 11-15 - 9 9
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
i
Connie Brockway
City Clerk
Attachments: Action Agenda Page
CC: M. Broeren
Name
Name
Name
Name
Agreement Bonds
RCA x Deed
Planning x
Department RCA Agreement
Department RCA Agreement
Department RCA Agreement
Department RCA Agreement
Risk Management Dept.
CC: Patrick Gibbons
GCI Group
19800 MacArthur Blvd., Suite 300
Irvine, CA 92612-2424
G: Followup/Letters/coverltr
Insurance
Other x
conformed copy
x
Insurance Other
Insurance Other
Insurance Other
Insurance Other
InsL�rarice
(Telephone: 714-636.5227)
,
Recording requested by, and
recorded in the County of orange, California
when recorded, mail to:
vary L Granville, Clerk/Recorder
No Fee
City of Huntington Beach
20000093164 1: 52PM 02/22/00
2000 Main Street
004 00115571 118 04
Huntington Beach, CA 92648
1.00 .0@0 0.00 0.00 0.00 0.00 0.00 0.00
Attn: City Clerk
)oc Types: 000 000
CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND THE
2,T
ASSTaIPTION OF-r: GHTS, D =S o KID OBLIGATIONS BY AND
BETWEEN THE CITY
OF HUNTINGTON BEACH, MS VICKERS 1T, L.L.C.,
AND YOUNGMEN'S
CHRISTIAN ASSOCIATION OF ORANGE COUNTY
I
This Certificate of Consent is made and entered into by the parties herein on this /0
!J
day of ,becemA e-r , 1999.
WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (hereinafter
referred to as the "Agreement") by and between the City of Huntington Beach, a municipal
corporation (hereinafter referred to as the "City"), and Pacific Coast Homes, a California
corporation, and Garfield Partners, a California corporation was recorded in the Official Records
of Orange County, California as Document No. 90-599766; and
On May 6, 1996, the City Council of the City gave its consent to the sale of property and
assignment of the ►ights, duties and obligations arising unde, the Agree; -Lent to PLC and 1VIS
Vickers II, L.L.C. (hereinafter collectively referred to as the "Developer"); and
By that certain grant deed dated March 1, 1996, and recorded on May 9, 1996 as
Document No. 19960234746 of Official Records of Orange County, California, MS Vickers II,
L.L.C. acquired all right, title and interest in and to that certain real property (hereinafter, referr::d
to as thee, "Property") described in the legal description and sketch attached hereto as Exhibits "A-
1" and "A-2", respectively; and
MS Vickers II. L.L.C. desires to sell the Property, which is a portion of the entire site
covered by the Agreement, to the Young Men's Christian Association of Orange County, a
California nonprofit corporation (hereinafter referred to as the "Buyer"), and to assign certain of
the Developer's rights, duties and obligations under the Agreement to the Buyer; and
The Agreement provides in part at Paragraph 4.2 that:
Prior to making the dedications and improvements required herein,
Developer may se!l, assign or transfer the Property in whole or in
part with the consent of the City, such consent not to be
unreasonably withheld. City's consent will not be required if such
assignment is made to an affiliate of Developer. klvy purchaser,
assignee or transferee shall have all of the rights, duties and
i
4/s:4-99Agrce:YMCA This document is solely for the
RLs99-44G f`' ' ;,?-3 I11 7� of the GIVI
7122199 G; [ ? = :!�It:.'; 0�! Deas h, as contem-
p;sitad] i:iE:cc:r Government Code
Sec. 6103 and should be recorded
Ime of charges.
Tax-Erempt-Government Agrney
CITY 01- HUMys:s:GTON 13EACH
C ,`u0 Erod'w y, Clay lsrk
BY
eputy City Clark
I
obligations arising under this Agreement insofar as such rights,
duties and obligations are applicable to the Property or portion
thereof purchased, assigned or transferred; and
The City is willing to consent to the sale of the Property and to the assignment of the
rights, duties and obligations arising under the Agreement from MS Vickers II, L.L.C. to the
Buyer, and the Buyer wishes to memorialize its acknowledgment of all its rights, duties and
obligations it shall assume upon the sale of the Property and assignment of the Agreement;
NOW, THEREFORE, the City, MS Vickers II, L.L.C. and the Buyer do hereby agree and
acknowledge as follows:
CONSENT TO SALE OF PROPERTY
The City hereby consents to the sale of the Property to the Buyer.
2. CONSENT TO ASSIGNMENT
The City hereby consents to the assignment of the rights, duties and obligations
arising under the Agreement from MS Vickers II, L.L.C. to the Buyer, as described herein.
3. ACKNOWLEDGMENT OF RIGHTS, DUTIES AND OBLIGATIONS
The Buyer hereby acknowledges that by accepting this assignment, it accepts all
of the rights, duties and obligations arising under the Agreement insofar as such rights, duties
and obligations are applicable to the Property or portion thereof purchased, assigned or
transferred.
4. INCORPORATION OF EXHIBITS
Attached hereto and incorporated by this referenced as though fully set forth
herein are the following exhibits:
A-1: Legal Description of the Property.
A-2: Sketch of the Property.
B. Clarification of Development Agreement Rights and Duties.
5. RELEASE OF DEVELOPER
The City acknowledges that upon acceptance of the assignment of the rights,
duties and obligations under the Agreement by the Buyer as provided above, the Developer shall
have no further obligations with respect to the Property arising out of any acts, omissions, or
events occurring subsequent to the effective date of the transfer, except for those specific
obligations retained by the Developer as identified in Exhibit B and Paragraph 5 below.
4s:4-99Agree:Yt1CA
RLS 99-446
7/221:99
0
•
6. COMPLETION OF DEVELOPMENT AGREEMENT OBLIGATIONS.
The consent hereby given is expressly conditioned upon the items stated above,
and the completion of all of the following items:
a. All terms and conditions of the Holly Seacliff.Development Agreement No. 90-1,
not explicitly defined within Exhibit B shall continue to be the responsibility of the
Developer; and
b. The Developer shall be responsible for construction of all infrastructure in
conformance with pages 20 and 21 of the Holly Seacliff Development Agreement No.
90-1 and further clarified by the Developer in its letter to the City, dated May 7, 1996.
C. The Buyer shall pay the Library Development Fee pursuant to Huntington Beach
City Council Resolution 96-71 for all of its building permits in accordance with
Ordinance No. 3344.
d. - The Developer shall enter into an implementation agreement with the City that
provides a schedule for the construction of the infrastructure referred to hereinabove.:
Balance of page intentionally left blank.
3
41s:4-99Agree: .MCA
RLs 99.446
7/22/99
IN WITNESS WHEREOF, the parties hereto have executed this Certificate by and
through their authorized officers on the date first above written.
MS VICKERS C..� CITY OF HUNTINGTON BEACH, a
a e a it ility company Cal' ornia municipal corporation
VICE PRES1004
Mayor
print name ATTEST:
ITS: (circle orre) Chairman'PresidendVice President
1TD
City Clerk
By:
_ 1 V my J. is5+►�n�1 APPROVED AS TO FORM:
J.
V I 'NVPrq"1 rpmmG rrra
-ITS: (circle on' Off, ccr:'Asst.
Secret - Treasurer
rc,, 4WLcvl.
BUYER:
YOUNG MEN'S CHRISTIAN
ASSOCIATION OF ORANGE COUNTY,
a California nonprofit corporation
By: nn
��+(t +l • � � 6• 1 1J �'
print name
ITS: (circle one) Chairman!Presidcn 'ice President
AND
By:
print name
ITS: (circle one) Secretan Chief Financial Officer sst.
Secretary- Treasurer
4
4/sA-99AgreeNNICA
RLS 99-446
7/22i99
Cit L1.Sy ��fyz�91 Q
RE IEWE SAND A PROVED:
City A inistrator
NI7 D AND APPROVED:
Di ec or of Plan
EXHIBIT - A=1
DESCRIPTION OF REAL PROPERTY
All that certain land situated in the City -of Huntington Beach, County of Orange, State
of California, described as follows:
LOTS 9, 10, 11 AND THE WEST ONE-HALF OF LOT S IN BLOCK "B" OF THE
GARFIELD STREET ADDITION TO HUNTINGTON BEACH AS SHOWN ON A
MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
Assessor's Parcel Numbers 111-150-47
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ASSE950R f7RAWIi� u " 2 -
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P :ASSESSOR'S MAP
t s.' ' + �IRCEL NUM6�ER,S BOOK III PAGE 15 '
; , SNOWN' /N CIRCLES. COUNTY OF ORANGE O
0
EXHIBIT B
R
9 •
EXHIBIT "B"
CLARIFICATION OF DEVELOPMENT AGREEMENT No. 90-1
RIGHTS, DUTIES AND OBLIGATIONS BETWEEN
MS VICKERS II, LLC (SELLER) AND
YOUNG MEN'S CHRISTIAN ASSOCIATION OF ORANGE COUNTY (BUYER)
FOR APN 111-150-47 (PROPERTY)
Section 2.2.1: Linear Park.
All obligations relative to this condition have already been fulfilled.
Section 2.2.2: Neighborhood Parks.
Obligation for design, dedication, improvement and initial maintenance of
neighborhood parks was assumed by PLC at the time of the purchase of this property
by MS Vickers LLC. PLC retains those obligations.
Section 2.2.3: Public Right of Way and Private Streetsca a Improvements. -
2.2.3 (a): The obligation to dedicate property for public right of way has been
fulfilled by MS Vickers II, LLC.
2.2.3 (b) and 2.2.3 (c): Buyer will assume the obligation to improve and
maintain private perimeter landscaping, walls and signage on the property.
2.2.4: Traffic.and Circulation1niprovements.
Most of the obligations under this section relevant to the subject property were assumed
by PLC at the time of the purchase of this property by MS Vickers LLC. PLC retains
those obligations, with the following clarifications:
2.2.4 (f): Buyer is responsible for the payment of any fees levied pursuant to
this section and applicable to this property.
2.2.4 (g): Buyer will be responsible for payment of future traffic fees, if any,
imposed by ordinance and applicable to this property.
2.2.5: Water, Sewer, Drainage and Utility Improvements.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations, with the following
clarifications:
2.2.5 (d): Buyer will be responsible for the undergrounding of any overhead.
utilities required of this property.
2.2.5 (f): PLC has assumed the responsibility for construction of the backbone
"Green Acres" reclaimed water project. Buyer will be responsible for the
connection of onsite irrigation systems to the Green Acres backbone system.
0
2.2.6: Fire and Emergency Medical.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations.
2.2.7: Police.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations.
2.2.8: School Facilities.
Buyer will be responsible for payment of any impact fees that may be.due HBCSD per
the existing mitigation agreement as a result of the development of the property.
2.2.9: Other Development Controls.
Not applicable to this property.
2.2.10: Fees:
Buyer will be responsible for the payment of any and all fees due under this section as a
result of the development of the property. _ .
CALIFORNIA ALL-PURPO* ACKNOWLEDGMENT
State of CAV801 N
County of U51�5
On _kVfAV , tqq� before me, VIYAY ,DUun I
Date ^ NA. a and Titlaitf Officer (erg.. 'Jane Doe. NqAry Pu ,ie)
personally appeared
)P,J►d ',�rnor
Nameisl of
)(personally known to me— OR _ to be the personA
whose name subscribed to the within instrument
and acknowledged to me that e y executed the
same i�ir authorize capacity(), and that by
isFAhair signaturepQ on the instrument the persong,
_._.- aNDYBYUN or the entity upon behalf of which the persow acted,
CommTailon$ f1im executed the instrument.
a NotaryPubft-fir.
WsAngeleitCou1f7
)NComm.BiasAug?3,2M1 nd WITNESS my hand ffic I seal.
Signa;I:re of nary Pubuc
OPTIONAL
Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited
Attorney -in -Fact
Trustee
Guardian or Consery
Other:
Signer Is RegAsenting:
❑ Ge
RIGHT THUMBPRINT
OF SIGNER
so a
A
r of Pages:
gner's Name:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited F-- General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
0 1995 National Notary Association 6 8236 Remmet Ave.. P.O. Box 7104 - Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder- Call To] -Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California n
ss.
County of
On before me, a o Ekt%'A►s % I Notar NuiL
Date N e anc Tile of Off co, ;e g • -Jane Doe. Notary Punt c',
personally appeared AynV VJIS5Yn1AV1V1
Name(s) of S:gner(s)
r4* ___ __KAYO SHIRAISHI
Commtssfon # 1215191
Notory Public - Confomia
Los Angeles County
My Comm. Fuptres Apr 5, 20M
Place \otary Seal Afore
personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
si :ura Notary Pub-ic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document �,'
Title or Type of Document: ierit-�Icky. if Cm$t?rrt � �f- Sale tf Pb-veq!jy
Document Date:$ ! 1 z q q Number of Pages:
Signer(s) Other Than Named Above: Ct*t 6 1 �t H 99 H SD
Capacity(ies) Claimed by Signer y
Signer's Name: m V1 I S S rr1
:1 Individual
C�D � F, T •a of rt�mc
Corporate Officer — Title(s): `l r
L Partner — ❑ Limited C General
❑ Attorney in Fact
❑ Trustee
C Guardian or Conservator
Other:
Signer Is Representing: M S V L &ers Z, LL-C.
0 1997 Nation- Notary Association - 9350 De Soto Ave . PO- Box 24C2 - Chatswerh CA 9' 313-24C2 Prod- Nc- 5907 Racrder: Call cl -Fran 1-BOMM-6827
CALIFORNIA ALL-PURPA ACKNOWLEDGMENT
State of 0A
County of 0 %—
On _ e�-own,{ /'D. !�l�t�l before me,
Date Name and Title of Otficer (e.g..'Ja �Notary personally appeared Ae,4-- Q �� �
91IABETH ERRING
Cornmialon # 1150Mi
_ aNotary Pub9d - Callfomia
Names) of Signer(s)
9'rersonally known to me
to be the person whose namQis re ubscribed to e
within instrument and acknovyledgkd tome the J_hey
executed the same ink eir uthorized capacis
and th�y their ignatureW on the instrument the
perso or the entity upon behalf of which the person)
acted, executed the instrument.
WITNESS my hand and official seal.
Orange County _
MyC nTM6PkMAug29,2W1
Signature of Notary P lic
--- - - - - OPTIONAL
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Description of Attached Document
Title or Type of Document:
Document Date
CQ-414;
Signer(s) Other Than Named Above:
Capacit ies) laimed by Signeppg��_
Signer's Name: Ra�
= Individual
Corporate Officer f
J Partner — ❑ Limite [ General
❑ Attorney -in -Fact
Trustee
❑ Guardian or Conservator Iwo] 2gillittill.,
❑ Other: I TN of thumb here
Signer Is Representing:
Q U v
Signer's Name:
❑ Individual
Corporate Officer
Titls{ej�
❑ Partner — ` Limited _ General
❑ Attorney -in -Fact
❑ Trustee
Guardian or Conservator
❑ Other: I Top humb here
Signer Is Representing:
f
O 1996 National Notary Aasoclaaon • 8236 Rommel Ave., P.O. Box 7184 - Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827
CALI1FORNIA ALL-PURPA ACKNOWLEDGMENT
State of C a 1 t- 9 2 r�l � Pr -
County of
On C before me,
Date Name and Title of officer le.,g.. " a Doe. Notary Public rf c
personally appeared
—L I Namalsl of Sionerfal
Rooersonally known to me
=, proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
DEBoQAHl.lNGENFEuR person(s), or the entity upon behalf of which the person(s)
convrds*n # i r2"M
Nta"yPjbla--CdVmr o acted, executed the instrument.
Claw cow"
MyCOmm E Fab9'2M] WITNESS my hand and official seal.
Signature of N Publi
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Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑
Individual
❑
Corporate Officer
Title(s):
❑
Partner — ❑ Limited ❑
❑
Attorney -in -Fact
D
Trustee
❑
Guardian or Conse atc
❑
Other:
Signer I
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
0 1996 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309.7194 Prco_ No_ 5907 Reorder- Call To•I-Free 1-800.876-6827
EALIFORNIA ALL-PURPOlk ACKNOWLEDGMENT 110
State of
County of og !� *,V'—
On A? — 1-9 9 before me ,' p eA k L L�QzaaAee,�( J (�l.wiic-
Data A — Name and Title of Offi (e.g.. "Jane Doe. Notary Public',
personally appeared
of gn
rsonally nown to me
- proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
0)Ot80W4t1.lNGENIFEM executed the same in his/her/their authorized capacity(ies),
Can ** n# 112HU and that by his/her/their signature(s) on the instrument the
NdW �,� �person(s), or the entity upon behalf of which the person(s)
,mycomm boafeb0,2A1 acted, executed the instrument.
WITNESS my hand and official seal.
S.gnature of N7 Publ
OPTIONAL
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fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: mber of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner -- ❑ Limited
Attorney -in -Fact
Trustee
Guardian or Con ry
Other:
Signer Ip"Representing:
07
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
rr
■
i
r
i
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
.. .
0 1996 National Notary Association - 82M Remmet Ave.. P.O. Box 7184 - Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder Call Toll -Free 1-800-876-6827
STATE C' 0UZFaW A }SS.
ODE14'!'Y C F }
On before me, personally
appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscrbed to
the within instrument and acknowledged to me that he/she/they executed the some In his/her/their
authorized capactty(ies), and that by his/her/their signature(s) on the instrument the person(s) or entity upon
behalf of which the person(s) acted, executed the Instrument.
WITNESS my hand and official seal.
Signature
trills oreo for oNiew. natorroi Sean
---------------
GOVERNMENT CODE 27361. 7
1 certify under penalty of perjury that the Notary Seal on the document to which this statement Is attached
reads as follows:
NAME OF THE NOTARY:
DATE COMMISSION EXPIRES:
COUNiY WHERE BOND IS FILED:
COMMISSION NUMBER:
MANUFACTURER/VENDOR NUMBER:
PLACE OF EXECUnON: DATE:
SIGNATURE:
I certify under penalty of perjury and the laws of the State of California that the illegible portion of this
document to which this statement Is attached reads as follows:
Nfnx J. IIIi 55+ Nyw\
v,1flr ice, Pr�s�da.�-� ✓
CWIJt�n��
Place of Execution .0 5 _ An $ifs, c4i; r V) ka, Date '66(
r
Signature:
Aflj
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
February 16, 2000
Gary L. Granville, County Clerk -Recorder
P. O. Box 238
Santa Ana, CA 92702
CALIFORNIA 92648
Enclosed please find a "Certificate of Consent To The Sale of Property And The
Assumption Of Rights, Duties And Obligations By And Between The City Of Huntington
Beach, MS Vickers il, LLC and Young Men's Christian Association of Orange County to
be recorded and returned to the City of Huntington Beach, Office of the City Clerk,
2000 Mein Street, Huntington Beach, CA 92648.
Please return a conformed copy of the Consent To Sale when recorded and return to
this office in the enclosed self-addressed stamped envelope.
f1 !
Connie Brockway, CMC
City Clerk
Enclosures
g:lfollowupldeedltr:MS Vickers II LLC of APN 111-150-47 to YMCA
G:V0110wupldeed1tr
1 Telephone: 714-536.5227 i
RETURN ESS: Z" DATE fl ,
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C,3 .
NC V (1NTiNGTOh1rk+ ^II Y r! (J ' `I
�''J :So� !� o�J-- 7AOd/^��-'I�negr� =T,',• q L� <�'
j-1 �: T1p�`-11�y.) I,El�Ct1 � L!'. 1 Z•la T'' �' - .
J_ /r
Regretfully your unrecorded CM-r- OF�naming YM cP
together with your remittance of $ 7Joa- Ck. No. 0/f,
is being returned as your document is deficient in the area(s) indicated below:
(1) The recorder can find no provision in the law authorizing the recording of the encldsedL
document(s). y.. _
(2) Recording cannot be performed in this county. Please forward your documenflo ,
County Recorder.
(3) For proper indexing:
a. "Et al" is not acceptable; all parties must be named.
b. The name of the company, corporation or partnership must be at the signature
point.
c. The trustee of a trust must be identified as such.
d. The names in the caption, execution and notary acknowledgment must match.
e. The caption of the document and signature point need to identify who the
custodian/agent represents
(4) The Documentary Transfer Tax declaration must be completed to show either the amount of tax
due or an acceptable reason for exemption. (See enclosed bulletin.) It there is "No
consideration," document must so state.
(5) The city where the property is located or "unincorporated area," is required on the deed and the
tax declaration must indicate how the tax was computed.
(6) The preliminary change of ownership report is required. Please complete or correct the areas
marked in red.
(7) The notary acknowledgment is incomplete (please see red mark) or is on an outdated form. A
"General Acknowledgment" form is required. (See enclosed sample.)
(8) The notary seal is illegible. You may have the notary restamp the document clearly or you may
complete the enclosed certification under the penalty of perjury. Adding the "Penalty of Perjury"
statement will increase the fee by $
✓ (9) Portion(s) of the document are illegible (please see red mark). You may execute and submit a
new original, or complete the anr cprt. c rtification under penalty of perjury. Adding the
"Penalty of Perjury" statement will increase the fee by S j
(10) The legal description/exhibit has been omitted. All exhibits must be referenced in the body of
the document and appropriately labeled.
(11) Recording reference (date and document numoer or book and page) of the prior recorded
document is incorrect or was omitted.
(12) Abstracts of judgment must contain the address of the judgment creditor(s), the address of the
judgment debtor(s) and the address at which the summons was served or mailed.
(13) Pursuant to Government Code sections 27288.1 and 27201, all parties whose interest is
affected must be named and identified (i.e. owner etc.).
(14) To properly perfect a security interest, this UCC-1 must be filed with the Secretary of State,
Uniform Commercial Code Division, P.O. Box 1738, Sacramento, CA 95808, unless it is a
"fixture filing" pursuant to UCC section 9313. Any Financing Statement covering fixtures must
include a statement that it is a fixture filing to be recorded in the real estate records, a
description of real property in Orange County and, if the debtor does not own the real property,
the name of the owner.
(15) We have received your check without a document or letter of instruction. We are unable to
determine the intent of the fees.
(16) The correct fee is $ , If an attachment is added to the
document, the fee will increase as stated on the attached fee schedule.
(17) OTHER:
THANK YOU FOR YOUR COOPERATION
GARY L. GRANVILLE, COUNTY CLERK -RECORDER Please return to:
BY R ^a / Clerk -Recorder
Deputy Recorder P.O. Box 238
Santa Ana, CA 92702-0238
w Fa662.105 fR•.6+a67 (714) 834-2887
- sT= OF CALDIORZrA )SS.
a xwN aF }
On :before me. ... • . personally
dppeared personally known to me for
proved to.meton_the basis of satisfactory evidence? to be the person(s) whose names) is/are subscr�heci to
the withlnelinstrument and acknowledged to me that helshe/they executed the same in his/her/their
authorkd6capacitoes), and that by his/her/their signature(s) on the Instrument the person(s) or entity -upon
behalf of -which the`personCs) acted, executed the Instrument.
WITNESS my hand and official seat.
Signature .
M6 0MG for offwd nak rfal seci)
_ GOVERNMENT CODE 273617
I certify under penalty of perjury that the Notary Seal on the document to which this statement is attached
reads as follows: ,
NAME OF THE NOTARY:
DIVE COMMSSiON DMIRES: J
:LDS:. -r.s.. -. ,y - _ .: .L.. a•.-;u :t: » a:i�'t'-l+I cw "S i=;r..ww�S..��J�.'"" ':S
COUIViY:WHERSE BOND IS FlLI:D: �� i-,"Vi
�i COMMISSION: NUMBER: f , � ; 4 .. _ .:. • r. .
MANUFACTURER/VENDOR NUMBER
PLACE OF EXECLMON• DATE:
SIGNATURE:Hi
I certify under. penalty of penury and the laws of the State of Collfornla that the Illegible portion of this
document to which this statement Is attached reads as follows:
iI
,m J. v� 5smX,A�
- v
Sew-ar ice, PreytAa �
'lace of Execution , E15_ Avlkekes , _ C4; r vl cL Date (k D
Signature:
s .r
Recording requested by, and
when recorded, mail to:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: City Clerk
CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND THE 2--
ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS BY AND f
BETWEEN THE CITY OF HUNTINGTON BEACH, MS VICKERS II, L.L.C.,
AND YOUNGMEN'S CHRISTIAN ASSOCIATION OF ORANGE COUNTY
This Certificate of Consent is made and entered into by the parties herein on this /0
day of 6ec-emAgd, 1999.
WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (hereinafter
referred to as the "Agreement") by and between the City of Huntington Beach, a municipal
corporation (hereinafter referred to as the "City"), and Pacific Coast Homes, a California
corporation, and Garfield Partners, a California corporation was recorded in the Official Records
of Orange County, California as Document No. 90-599766; and
On May 6, 1996, the City Council of the City gave its consent to the sale of property and
assignment of the rights,-dutie and' obligations arising under the Agreement to PLC and MS
Vickers II, L.L.C. (hereinafter collectively referred to as the "Developer"); and
By that certain grant deed dated March 1, 1996, and recorded on May 9, 1996 as
Document No. 19960234746 of Official Records of Orange County, California, MS Vickers II,
L.L.C. acquired all right, title and interest in and to that certain real property (hereinafter referred
to as the "Property") described in the legal description and sketch attached hereto as Exhibits "A-
1" and "A-2", respectively; and
MS Vickers R. L.L.C. desires to sell the Property, which is a portion of the entire site
covered by the Agreement, to the Young Men's Christian Association of Orange County, a
California nonprofit corporation (hereinafter referred to as the "Buyer"), and to assign certain of
the Developer's rights, duties and obligations under the Agreement to the Buyer; and
The Agreement provides in part at Paragraph 4.2 that:
Prior to making the dedications and improvements required herein,
Developer may sell, assign or transfer the Property in whole or in
part with the consent of the City, such consent not to be
unreasonably withheld. City's consent will not be required if such
assignment is made to an affiliate of Developer. Any purchaser,
assignee or transferee shall have all of the rights, duties and
-
I
41sA-99Agree:YVCA 'rh!s document la so!eiy for the
RLS99.446 lbuslness 01 the City
i,5i�1 7 L:r.-:i3r G " ur::tT a nt Code
Sau. GIM and abhould be recorded
!roe ni r_Finme-
Tax-Ere::;pt-Cove nr:sntAgcncy
CIT`a GIT P,IV, i'•a : 1N-1TON GU.CH
C --m'o 2--Oc:..lay, CRy lark
BY
eputy City Cier
obligations arising under this Agreement insofar as such rights,
duties and obligations are applicable to the Property or portion
thereof purchased, assigned or transferred; and
The City is willing to consent to the sale of the Property and to the assignment of the
rights, duties and obligations arising under the Agreement from MS Vickers IT, L.L.C. to the
Buyer, and the Buyer wishes to memorialize its acknowledgment of all its rights, duties and
obligations it shall assume upon the sale of the Property and assignment of the Agreement;
NOW, THEREFORE, the City, MS Vickers II, L.L.C. and the Buyer do hereby agree and
acknowledge as follows:
CONSENT TO SALE OF PROPERTY
The City hereby consents to the sale of the Property to the Buyer.
2. CONSENT TO ASSIGNMENT
The City hereby consents to the assignment of the rights, duties and obligations
arising under the Agreement from MS Vickers II, L.L.C. to the Buyer, as described herein.
3. - ACKNOWLEDGMENT OF RIGHTS, DUTIES AND -OBLIGATIONS
The Buyer hereby acknowledges that by accepting this assignment, it accepts all
of the rights, duties and obligations arising under the Agreement insofar as such rights, duties
and obligations are applicable to the Property or portion thereof purchased, assigned or
transferred.
4. INCORPORATION OF EXHIBITS
Attached hereto and incorporated by this referenced as though fully set forth
herein are the following exhibits:
A-1: Legal Description of the Property.
A-2: Sketch of the Property.
B. Clarification of Development Agreement Rights and Duties.
5. RELEASE OF DEVELOPER
The City acknowledges that upon acceptance of the assignment of the rights,
duties and obligations under the Agreement by the Buyer as provided above, the Developer shall
have no further obligations with respect to the Property arising out of any acts, omissions, or
events occurring subsequent to the effective date of the transfer, except for those specific
obligations retained by the Developer as identified in Exhibit B and Paragraph 6 below.
2
41s:4-99Agree:YMCA
RLs 99-446
7/22/99
u
6. COMPLETION OF DEVELOPMENT AGREEMENT OBLIGATIONS.
The consent hereby given is expressly conditioned upon the items stated above,
and the completion of all of the following items:
a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-1,
not explicitly defined within Exhibit B shall continue to be the responsibility of the
Developer; and
b. The Developer shall be responsible for construction of all infrastructure in
conformance with pages 20 and 21 of the Holly Seacliff Development Agreement No.
90-1 and further clarified by the Developer in its letter to the City, dated May 7, 1996.
C. The Buyer shall pay the Library Development Fee pursuant to Huntington Beach
City Council Resolution 96-71 for all of its building permits in accordance with
Ordinance No. 3344.
d. The Developer shall enter into an implementation agreement with the City that
provides a schedule for the construction of the infrastructure referred to hereinabove.
Balance of page intentionally left blank.
3
41S:4.99Agree:YMCA
RLS 99-446
7122;99
IN WITLESS WHEREOF, the parties hereto have executed this Certificate by and
through their authorized officers on the date first above written.
MICE PRESIDE"
ITS: (circle one) ChairmanTresidentlVice President
ITS: (circle oni
J.
CITY OF HUNTINGTON BEACH, a
Cal' ornia municipal corporation
Mayor
ATTEST:
City Clerk
vnY J., is5mmvi APPROVED AS TO FORM:
Officer/Asst.
Secret - Treasurer
Cw%e� f%,n4VN6%M *ECS^..
BUYER:
YOUNG MEN' S CHRISTIAN
ASSOCIATION OF ORANGE COUNTY,
a California nonprofit corporation
By: nn
�Efd � • 14�� 11JS
print name
ITS: (circle one) Chairman/Presidenqsice President
AND
By:
--
print name
ITS: (circle one) SecretaryChief Financial Officer sst.
Secretary - Treasurer
4
4ls:4-99Agree:YMCA
RLS 99-446
7/22i99
Clt A Or17�y
RE IEWE AIvS'D PROVED:
City Adi5inistrator
INITIAT D AND APPROVED:
Di ec or of Pla
�1
0
1Wai11.30�
DESCRIPTION OF REAL PROPERTY
All that certain land situated in the City of Huntington Beach, County of Orange, State
of California, described as follows:
LOTS 9, 10, 11 AND THE WEST ONE-HALF OF LOT 8 IN BLOCK "B" OF THE
GARFIELD STREET ADDITION TO HUNTINGTON BEACH AS SHOWN ON A
MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
Assessor's Parcel Numbers 111-150-47
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EX MIT "B"
CLARIFICATION OF DEVELOPMENT AGREEMENT No. 90-1
RIGHTS, DUTIES AND OBLIGATIONS BETWEEN
MS VICKERS H, LLC (SELLER) AND
YOUNG TMEN'S CHRISTIAN ASSOCIATION OF ORANGE COUNTY (BUYER)
FOR APN 111-150-47 (PROPERTY)
Section 2.2.1: Linear Park.
All obligations relative to this condition have already been fulfilled.
Section 2.2.2: Neighborhood Parks.
Obligation for design, dedication, improvement and initial maintenance of
neighborhood parks was assumed by PLC at the time of the purchase of this property
by MS Vickers LLC.. PLC retains those obligations.
Section 2.2.3: Public Right of Way and Private Streetscape Improvements. -
2.2.3 (a): The obligation to dedicate property for public right of way has been
fulfilled by MS Vickers II, LLC.
2.2.3 (b) and 2.2.3 (c): Buyer will assume the obligation to improve and
maintain private perimeter landscaping, walls and signage on the property.
2.2.4: Traffic and Circulation Improvements.
Most of the obligations under this section relevant to the subject property were assumed
by PLC at the time of the purchase of this property by MS Vickers LLC. PLC retains
those obligations, with the following clarifications:
2.2.4 (f): Buyer is responsible for the payment of any fees levied pursuant to
this section and applicable to this property.
2.2.4 (g): Buyer will be responsible for payment of future traffic fees, if any,
imposed by ordinance and applicable to this property.
2.2.5: Water, Sewer, Drainage and Utility_ Improvements.
Obligations under this section were assumed by PLC at the time of the purchase of this.
property by MS Vickers LLC. PLC retains those obligations, with the following
clarifications:
2.2.5 (d): Buyer will be responsible for the undergrounding of any overhead.
utilities required of this property.
2.2.5 (f): PLC has assumed the responsibility for construction of the backbone
"Green Acres" reclaimed water project. Buyer will be responsible for the
connection of onsite irrigation systems to the Green Acres backbone system.
0
2.2.6: Fire and Emergency Medical.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations.
2.2.7: Police.
Obligations under this section were assumed by PLC at the time of the.purchase of this
property by MS Vickers LLC. PLC retains those obligations.
2.2.8: School Facilities.
Buyer will be responsible for payment of any impact fees that may be due HBCSD per
the existing mitigation agreement as a result of the development of the property.
2.2.9: Other Development Controls.
Not applicable to this property.
2.2.10: Fees:
Buyer will be responsible for the payment of any and all fees due under this section as a
result of the development of the property.
CALIFORNIA ALL-PURPSE ACKNOWLEDGMENT •
State ofJA
County of U l
On SJI k � before me, CY1 d_y BUPOLUA , O, Q%A IC
Date �N e and Tit at)' Oft.cer (e.g., 'Jane Doe, N ry P-A c-)
_)Cl,,
personally appeared ._�1,Vld &A0r
Name(s) of signers)
personally known to me _ to be the personA
whose name are subscribed to the within instrument
and acknowledged to me that ec>vkhey executed the
same HET authorize capacity($), and that by
is r slgnaturep('j on the instrument the persong,
:.. CINDYBYUN = or the entity upon behalf of which the persoR*1 acted,
' COMM1sslon Lvm = executed the instrument.
JWNotay Public-Calffoeid4.r
Los Angeles County!:r nd WITNESS my hand ffic' I seal.
MyCamm. E>es A,tg 23,?Dt?1
S gnatura ofNary Public
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signer's Name:
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Title(s):
Partner — CG Limited
Attorney -in -Fact
Trustee
Guardian or Consery
Other:
Signer Is Repp6senting:
L__j Gene
RIGHT THUMBPRINT
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Individual
Corporate Officer
Title(s):
Partner — C Limited :J General
Attorney -in -Fact
Trustee
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Signer Is Representing
RIGHT THUMISPRIMT
OF SIGNER
0 1995 National Notary Association - 8236 Remmat Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod, No. 5907 Reorder. Call Toll -Free 1-800-876.6827
0
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of L S Yl ���e ss.
On A(AA, q, before me, 15a►y0 Sklra Zs�+ NOT40V A utl!�
Date Who and Title cf O'ficer (a -,-.'Jane Dee. Notary Pjblic ,
personally appeared - _ Ayny Vj'1S5maV1y1
Name(s) of S-gner(s;
personally known to me
El proved to me on the basis of satisfactory
evidence
KAYO 51iIR/U51i1
Commission # 12151 g 1
Notary Public - Calfomia
Los Angeles County
My Comm. Expires Apr 5, 2=
Place Notary Seal Above
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my /haannd and official seal.
Si lure of Notary P6blic
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ceft) (A_
t? 9A
Document Date: a l 1 l qq Number of Pages: j 0
Signer(s) Other Than Named Above: Ct*K Irf $I Hfsu HSD
Capacity(ies) Claimed by Signer
Signer's Name: Rrnss may, ✓L
❑ Individual
9` Corporate Officer — Title(s): CT—D
❑ Partner — r Limited E. General
C Attorney in Fact
C Trustee
Ci Guardian or Conservator
❑ Other:
Signer Is Representing: M S q t CVCrs Z , U—C.
C 1997 Nariona; Wary Associaton • 935C De Scto A+a.. P.O- Box 2402 - Chatsworth. CA 9' 313.2402 Prod. No 5907 Reorder: Cal! Tcll-Free 7-BCO-876-E827
CALIFORNIA ALL-PURPRE ACKNOWLEDGMENT
State of r�
County of
On _. D 0' e,fil �-r before me,
r
Dare Name and Tirie of 011zer (e_g., "J oe, Notary PL6+ic"")
personally appeared A '4-
Narne(s) of Signer(s)
iersonally known to me
to be the persorQ whose nam9@+s re ubscnbed to he
within instrument and ackno,vledgd to me tha they
executed the same in�iis�i heir uthorized capaci les
and th�y their ignature on the instrument the
r perso , or the entity upon behalf of which the person)
acted, executed the instrument.
t717ABt7H EHRING
Commassron# 1750021 WITNESS my hand and official seal.
z , +A Notary Publfc - COHOMIG
Orange County
AAy Ca n-1. 6yies AUg29, 2001
Signature of Notary Pt6lc
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Title or Type of Document: , r ��' 0- e�!� `740 5-?
Document pate: l�r o iLi 0 _ _ Number of Pages;
S V,-Ck-Q & B ce
Signer(s) Other Than Named Above:
Capaci yes {aimed by Signeppe— V
Signer's Name: P_21� 1 Signer's Name:
u Individual
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n Other: of thumb here
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CALIFORNIA ALL-PURAE ACKNOWLEDGMENT
State of
County of DRY G
On /D -1- 9 before me,
Date Nam. and Till. of Officer a.g.. ' e Doe, Notary Public J .G
JJ f
personally appeared Q o�j ,,_{ R D 1
41. r Name(s) of Signerfe)
personally known to me
C proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) islare subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
DEBORnft d' UNGENFEMR Calton 0 1126434 person(s), or the entity upon behalf of which the person(s)
Nok"Pjb o—Cawwft acted, executed the instrument.
Oronpe Cash
MifCQfmL FebQ'200t WITNESS my hand and official seal.
Signature o1 N Puh'i
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Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
J
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited
Attorney -in -Fact
Trustee
Guardian or Co s64
Other:
71
RIGHT THUMBPRINT
..OF SIGNER
Signer's Name:
e
Individual
Corporate Officer
T1tle(s):
Partner — ❑: Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thurrb here
0 1996 Nadonal Notary Association - 8236 Remm.t Ave., P.O. Box 7194 - Canoga Park, CA 91309.7184 Prod. No_ 5907 R.order- Call Toll -Free 1-900.876-6627
CALIFORNIA ALL•PURPRE ACKNOWLEDGMENT
State of {- lQ(t
County of Qa ap S PJ
On JD '-- 1-913 beforeme� �t�ra`as[f�-��L cV 4 W/J�1C
Date A Name and Tale of 'Jame Doe. Notary Public - I
personally appeared
DEBORAH L UNGBF8JER
Cumdulan # 112MM
ae Coush
gresFab o.am1 11
3,.�rsonailyknown to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Q�, �� � 0 _,�
Signature 01 10,
PUI7f
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Title(s):
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Attorney -in -Fact
Trustee
Guardian or Con rvator
Other:
Signer
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Signer's Name:
El
bar of Pages:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
[RIGHT THUMBPRINT
OF SIGNER
0 1996 National Notary Association • 8236 Rommel Ave., P.O. Box 7184 • Canoga Park. CAA 91309-7184 Prod. No. 5907 Reorder. Calf Toll -Free 1-800-876-8827
Recording requested by, and
when recorded, mail to:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: Citv Clerk
CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND THE 2-
AS SUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS BY AND } t'
BETWEEN I THE CITY OF HUNTINGTON BEACH, MS VICKERS II, L.L.C.,
AND YOUNG MEN' S CHRISTIAN ASSOCIATION OF ORANGE COUNTY
This Certificate of Consent is made and entered into by the parties herein on this /0
day of �Lein,E.r 1999. _
WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (hereinafter
referred to as the "Agreement") by and between the City of Huntington Beach, a municipal
corporation (hereinafter referred to as the "City"), and Pacific Coast Homes, a California
corporation, and Garfield Partners, a California corporation was recorded in the Official Records
of Orange County, California as Document No. 90-599766; and
On May 6, 1996, the City Council of the City gave its consent to the sale of property and
assignment of the rights, duties and obligations arising under the Agreement to PLC and MS
Vickers II, L.L.C. (hereinafter collectively referred to as the "Developer"); and
By that certain grant deed dated March 1, 1996, and recorded on May 9, 1996 as
Document No. 19960234746 of Official Records of Orange County, California, MS Vickers II,
L.L.C. acquired all right, title and interest in and to that certain real property (hereinafter referred
to as the "Property") described in the legal description and sketch attached hereto as Exhibits "A-
1" and "A-2", respectively; and
MS Vickers 11. L.L.C. desires to sell the Property, which is a portion of the entire site
covered by the Agreement, to the Young Men's Christian Association of Orange County, a
California nonprofit corporation (hereinafter referred to as the `Buyer"), and to assign certain of
the Developer's rights, duties and obligations under the Agreement to the Buyer; and
The Agreement provides in part at Paragraph 4.2 that:
Prior to making the dedications and improvements required herein,
Developer may sell, assign or transfer the Property in whole or in _
part with the consent of the City, such consent not to be
unreasonably withheld. City's consent will not be required if such
assignment is made to an affiliate of Developer. Any purchaser,
assignee or transferee shall have all of the rights, duties anal
1
41s:4.99Agree:YN1CA Th!sa doe! L-nent is so!esy for the
RIS99446 C ' 1"W'. LN!, Kalrleas Of $I' S Cat/
7122199 c.....:::;w ---
as contem-
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free of charge.
Tax-Erampt-Geier rnsrt A.uEncy
CITE' OF HUN
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•
obligations arising under this Agreement insofar as such rights,
duties and obligations are applicable to the Property or portion
thereof purchased, assigned or transferred; and
The City is willing to consent to the sale of the Property and to the assignment of the
rights, duties and obligations arising under the Agreement from MS Vickers II, L.L.C. to the
Buyer, and the Buyer Nvishes to memorialize its acknowledgment of all its rights, duties and
obligations it shall assume upon the sale of the Property and assignment of the Agreement;
NOW, THEREFORE, the City, MS Vickers II, L.L.C. and the Buyer do hereby agree and
acknowledge as follows:
CONSENT TO SALE OF PROPERTY
The City hereby consents to the sale of the Property to the Buyer.
2. CONSENT TO ASSIGNMENT
The City hereby consents to the assignment of the rights, duties and obligations
arising under the Agreement from MS Vickers II, L.L.C. to the Buyer, as described herein.
3. ACKNOWLEDGMENT. OF RIGHTS, DUTIES AND OBLIGATIONS
The Buyer hereby acknowledges that by accepting this assignment, it accepts all
of the rights, duties and obligations arising under the Agreement insofar as such rights, duties
and obligations are applicable to the Property or portion thereof purchased, assigned or
transferred.
4. INCORPORATION OF EXHIBITS
Attached hereto and incorporated by this referenced as though fully set forth
herein are the following exhibits:
A-1: Legal Description of the Property.
A-2: Sketch of the Property.
B. Clarification of Development Agreement Rights and Duties.
RELEASE OF DEVELOPER
The City acknowledges that upon acceptance of the assignment of the rights,
duties and obligations under the Agreement by the Buyer as provided above, the Developer shall
have no further obligations with respect to the Property arising out of any acts, omissions, or
events occurring subsequent to the effective date of the transfer, except for those specific
obligations retained by the Developer as identified in Exhibit B and Paragraph 6 below.
2
4ls:4-99Agree:YMCA
RLS 99-446
71221199
6. COMPLETION OF DEVELOPMENT AGREEMENT OBLIGATIONS.
The consent hereby given is expressly conditioned upon the items stated above,
and the completion of all of the following items:
a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-1,
not explicitly defined within Exhibit B shall continue to be the responsibility of the
Developer; and
b. The Developer shall be responsible for construction of all infrastructure in
conformance with pages 20 and 21 of the Holly Seacliff Development Agreement No.
90-1 and further clarified by the Developer in its letter to the City, dated May 7, 1996.
C. The Buyer shall pay the Library Development Fee pursuant to Huntington Beach
City Council Resolution 96-71 for all of its building permits in accordance with
Ordinance No. 3344.
d. The Developer shall enter into an implementation agreement with the City that
provides a schedule for the construction of the infrastructure referred to hereinabove.
Balance of page intentionally left blank.
41s:4-99Agree: NICA
RLS 99-446
7r22l99
i
IN WITIqESS WHEREOF, the parties hereto have executed this Certificate by and
through their authorized officers on the date first above written.
VICE PRESIDENT
ITS. (circle one) Chairman/President.Nice President
LIM
CITY OF HUNTINGTON BEACH, a
Cal' ornia municipal corporation
Mayor
ATTEST:
City Clerk
_`. Amy J. W isSmann APPROVED AS TO FORM:
Issmann -
Sgrriot av President
ITS: (circle Officer/Asst. �`y -
secret -Treasurer Py �+J,
c�e� ►r,a,nc�al +cam• IEAPPR ,`'. LO gCitZWAC�N_SD
h1
BUYER:
YOUNG MEN'S CHRISTIAN
ASSOCIATION OF ORANGE COUNTY,
a California nonprofit corporation
13y: aw,
.A 1 R" 6-16 1 #) %
print name
ITS: (circle one) Chairrnani'Presiden ice President
AND
By:
CA2ou.a
print name
ITS: (circle one) Secretary Chief Financial Officer sst.
Secretary - Treasurer
4
41s:4-99Agree:YMCA
RIS 99-446
V22/99
City Adirinistrator
NI7T D AND APPROVED:
Di ec or of Pla
EX MIT - A-1
DESCRIPTION OF REAL PROPERTY
All that certain land situated in the City of Huntington Beach, County of Orange, State
of California, described as follows:
LOTS 9, 10, 11 AND THE WEST ONE-HALF OF LOT 8 IN BLOCK "B" OF THE
GARFIELD STREET ADDITION TO HUNTINGTON BEACH AS SHOWN ON A
MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
Assessor's Parcel Numbers 111-150-47
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EXEIIBIT "B"
CLARIFICATION OF DEVELOPMENT AGREEMENT No. 90-1
RIGHTS, DUTIES AND OBLIGATIONS BETWEEN
. MS VICKERS II, LLC (SELLER) AND
YOUNG MEN'S CHRISTIAN ASSOCIATION OF ORANGE COUNTY (BUYER)
FOR APN 111-150-47 (PROPERTY)
Section 2.2.1: Linear Park.
All obligations relative to this condition have already been fulfilled.
Section 2.2.2: Neighborhood Parks.
Obligation for design, dedication, improvement and initial maintenance of
neighborhood parks was assumed by PLC at the time of the purchase of this property
by MS Vickers LLC. PLC retains those obligations.
Section 2.2.3: Public Right of Way and Private Streetsca a Improvements.
2.2.3 (a): The obligation to dedicate property for public right of way has been
fulfilled by MS Vickers II, LLC.
2.2.3 (b) and 2.2.3 (c): Buyer will assume the obligation to improve and
maintain private perimeter landscaping, walls and signage on the property.
2.2.4: Traffic. and Circulation Improvements.
Most of the obligations under this section relevant to the subject property were assumed
by PLC at the time of the purchase of this property by MS Vickers LLC. PLC retains
those obligations, with the following clarifications:
2.2.4 (f): Buyer is responsible for the payment of any fees levied pursuant to
this section and applicable to this property.
2.2.4 (g): Buyer will be responsible for payment of future traffic fees, if any,
imposed by ordinance and applicable to this property.
2.2.5: Water, Sewer, Drainage and Utility Improvements.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations, with the following
clarifications:
2.2.5 (d): Buyer will be responsible for the undergrounding of any overhead.
utilities required of this property.
2.2.5 (f): PLC has assumed the responsibility for construction of the backbone
"Green Acres" reclaimed water project. Buyer will be responsible for the
connection of onsite irrigation systems to the Green Acres backbone system.
0
0
2.2,6: Fire and Emergency Medical.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations.
2.2.7: Police.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations.
2.2,8: School Facilities,
Buyer will be responsible for payment of any impact fees that may be due HBCSD per
the existing mitigation agreement as a result of the development of the property.
2.2,9: Other Development Controls.
Not applicable to this property.
2.2.10,, Fees: -
Buyer will be responsible for the payment of any and all fees due under this section as a
result of the development of the property.
CALIFORNIA ALL -PURE ACKNOWLEDGMENT •
State of (A&�, N
County of U5��1�5
On—kV��J� C t6195 before me, l�NiY BM 11 Vlvtwr�tr QQVIc
Data r` N e and Tice ! Officer (e g , 'Jane Doe, NqAry Pu .ic-)
personally appeared
Na—.e(s) o,
personally known to me - to be the person(
whose name i e*e subscribed to the within instrument
and acknowledged to me that�e ehe,4fiey executed the
same i�ir authorize capacity($}, and that by
is r signatureX on the instrument the person*,
CINaYBYUN or the entity upon behalf of which the person* acted,
+ Commtsslon 91152M - executed the instrument.
,2W No'ay Pubilc - Califantid
Los Angeles County - r WITNESS my hand nd ffic' I seal.
MYCamm. F�UesAug23, MOT -
Signetre of tary Putllic
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Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited
Attorney -in -Fact
Trustee
Guardian or Consenfa
Other: /
Signer Is
❑ Gene
RIGHT THUMBPAINT
OF SIGNER
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r of Pages:
er's Name:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
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Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
of voirro here
O 1995 National Notary Association - 8236 Remmet Ave., P.O. Boa 7164 - Canoga Park. CA 91309.7184 Prod No. 5907 Reorder: Call Toil -Free 1.800-876.6U7
0
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California nn
County of l ,� S. I� Y1 �`e1e ss.
On NAA. q, before me, Kayo "Skira l'sW , NOT91 11 p4l!
Data N e and Title of Officer (e g..'Jane Doe, Notary Pubb7�c
personally appeared Any Wls5rnayltn
Narre(s) of Signer(s)
personally known to me
proved to me on the basis of satisfactory
evidence
ry; SHIRAISH1
]I Commission # 1215191
Nottay Pubic - Callfamla
Los Angeles County ir
ter comm. i *m Apr 5, 2=
Place Notary Seal Above
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in hislherftheir authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Ir
Si Lure of Notary Public
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document �C ,�
Title or Type of Document: �'e il�iC� C07ASP—At -o It_
'i'e Saie Of P-Dp&--ty
Document Hate: ! [ f Number of Pages: j
Signer(s) Other Than Named Above: City pf HS H 84 H SD
Capacity(ies) Claimed by Signer /� j 41
Signer's Name: C yhy vV tSS►r1aV,V,
C Individual p Too Of thumb
19 Corporate Officer — Title(s): C FD $ Q41
Partner—❑ Limited IC General /
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Attorney in Fact
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Other:
Signer Is Representing: MS V 1 eVers Z, LL.G
0 1997 National Nctary A.ssociat-on • 9350 De Sato Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod No 5907 Reorder: Call Toll -Free 1.800.876.6827
CALIFORNIA ALL -PURE ACKNOWLEDGMENT •
State of t,, _ _
County of d r
On - e[�Q.tri /0, 1gR9 before me,
Date Name and Tale of Officer (e.g..'J . oe. Notary Puhrc`)
personally appeared pert - roc_ c�
Name(s) of Signer(s)
Terersonally known to me
to be the persorQ whose namQis ueb
within instrument and ackno they
executed the same irv*4644wabipir Authorized capaci ies
and th�y their � ignatureon the instrument the
persa or the entity upon behalf of which the perso()
acted, executed the instrument.
Ei,1IASCM ENRING :
Commisston•rg 1150021 WITNESS my hand and official seal. -
z -: Notary Pubifc - California
Orange County
My COMM. Expites Aug 29, 20D 1
Signature of Notary Pt6fic
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Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacit es Iaimed by Signe r
Signer's Name: Pp_�
Individual
Corporate Officer
❑ Partner — ❑ Limiteh ❑ General
❑ Attorney -in -Fact
❑ Trustee
C. Guardian or Conservator -
.—I Other: INof 1Pumb here
Signer Is Representing:
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Signer's Name:
Individual
[P Corporate Off' er
Title(er
❑ Partner --- 0 Limited General
Attorney -in -Fact
❑ Trustee
D Guardian or Conservator ,
Other: Top Nih6mb here
Signer Is Representing:
a 1996 National Notary Association - 8236 Rommel Ave., PO. Box 71 B4 - Canoga Park, CA 91309-7164 Pod. No. 5907 Reorder. Call Toll -Free 1-800-678.6627
CALIFORNIA ALL-PURPRE ACKNOWLEDGMENT •
State of
County of
On — — before me,�P �2 �� L; t.;t^ptJ _hW AJPJ
Date Name and Tiu9 of Officer a-g.. - e Doe. Notary Pub:ie 1
personally appeared
Name(s) of signer(s)
G?Versonaliy known to me
7— proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) islare subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
DEr�t� Commts:ton # 1 126g4 person(s), or the entity upon behalf of which the person(s)
NdaypAft_Cdffwrft acted, executed the instrument.
Orange Cou *
MyConmbpkaFeb 9.20D1 WITNESS my hand and official seal.
p41-
signatufs of NZf Publi
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Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
12
❑
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited
Attorney -in -Fact
Trustee
Guardian or Conse
Other. /
Signer IgAepresenting:
RIGHT THUMBPRINT
OF SIGNER
.. of thunb here
Signer's Name:
C Individual
J Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
0 1996 National Notary Association - 8236 Rommel Ave., P.O. Bor 7184 -Canoga Park. CA 91309.7164 Prod- No_ 5907 Raorder. Call Toll -Free 1-800-876-6827
.. .CALIFORNIA ALL-PURPA ACKNOWLEDGMENT 0
•
State of
w
County of 0a Rr,3 s P
On %D 1-9 9 before
Date Name and Title of 01149 (e.g.. 'Jane Doe. Notary Pudfic`)
personally appeared
pMPAN L LMGErFWM
loconrNsvlOn" 1126434
Qrar�pa C�
My cairn Emko Feb .WW1
Et,orsonally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal. `
Signature a1 fC Pub'
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Signer's Name:
Individual
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Title(s):
Partner — C Limited
Attorney -in -Fact
Trustee
Guardian or Con ry
Other:
Signer I
C Gze6eral
RIGHT THUMBPRINT
..OF SIGNER
Signer's Name:
❑
G
of Pages:
Individual
Corporate Officer
Title(s):
Partner — Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Too of thurro her
0 1996 National Notary Association - 8238 Rammet Ave.. P.O. Box 7184 - Canoga Park. CA 91309-7184 Prod- No. 5907 Reorder. Call Toll -Free 1-800-876-6827
• Office of the City Clerk
�a
CITY of HUNTINGTON BEACH
P.U. Box 190 California 92648
r.
4-0�mRETURN'- D FOR CENTS
ADDITIONAL POSTAGE
CONNIE BROCK'AAY CITY CLERK
CITY OF HUNTINGTON BEACH
hita.!ivnrv.ci.huniington-beach.ca.us
P O BOX 190 - 2000 MAIN STREET
:-iL:N T INGTON BEACH CA 926485
0 II
0. 0
TiCe Notes
-Office of the City Clerk
Huntington Beach, CaCtfornia
61� b1 ran L `1� --..
WIN � M i V I " FAT-11 L Gibs
60ta
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TiCe Notes
Office o{ City CCerk
California
i
F,.
r
Ala f
•
Ejej
C� Cam'
Phone 536-5271
Fax 374-1540
374-1648
January 5, 2000
City of Huntington Beach
2000 MAIN STREET CALIFORNIA92648
Patrick Gibbons
GCI Group
19800 MacArthur Blvd., Ste. 300
Irvine, CA 92612-2424
Subject: Consent to Sale, Y.M.C.A.
Dear Patrick:
DEPARTMENT OF PLANNING
Enclosed is the Consent to Sale agreement pursuant to my voicemail to you ay. As you will
read, the County Recorder's Office has rejected the document for the reasons ma
Please address the issues and return the document to my attention at your earliest convenience.
Thank you.
incerely,
Mary Beth Broeren
Senior Planner
Encl.
C r (Q A 'r
A-f i L iz /4 0 k E55 1 N G "-&- CO U n17 T Z dG 4 JZ,bC-W's C-0 A.)<12 v 51
p Le,43 r,- iZe7v .0 T" t46` Cr O AJ 3 EA-) r rcl M 4R.Y bc- T ►4
1�r TIFE A8o ✓ c AQ 4 e5S • C-X-C Alff tu r r rf Q v &57`14ni5
`rlAfJks
CITY OF HUNTINGTGN BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
December 10, 1999
Gary L. GranviHe, County Clerk -Recorder
P. O. Box 238
Santa Ana, CA 92702
CALIFORNIA 92648
Enclosed please find a Certificate Of Consent To The Sale Of Property And The
Assumption Of Rights, Duties And Obligations By And Between The City Of Huntington
Beach, MS Vickers II, LLC and Young Men's Christian Association of Orange County to
be recorded and returned to the City of Huntington Beach, Office of the City Clerk,
2000 Main Street, Huntington Beach, CA 92648.
Please return a conformed copy of the Consent To Sale when recorded and return to
this office in the enclosed self-addressed stamped envelope.
Connie Brockway, CMC
City Clerk
Enclosures
g:lfollowupldeedltr:PLC, Peninsula Park, L.L.C.
GAfb11owvpldeed1tr
i ie la phv n e: 714-536-5227 )
RETURN ADDRESS: i
G7111 N U-A 1 t.1ra-t vJ '&ACA4
H U tJr i N Croce `i!a=AC tCP1. q
Regretfully your unrecorded CST. CAr3fair. !�
together with your remittance of $ NoP-- , Ck. No. �i/pl
• DATE
naming Y M C Ja
is being returned as your document is deficient in the area(s) indicated below:
(1) The recorder can find no provision in the law authorizing the recording of the enclosed
document(s).
(2) Recording cannot be performed in this county. Please forward your document to
County Recorder.
(3) For proper indexing:
a. "Et al" is not acceptable; all parties must be named.
b. The name of the company, corporation or partnership must be at the signature
point.
c. The trustee of a trust must be identified as such.
d. The names in the caption, execution and notary acknowledgment must match.
e. The caption of the document and signature point need to identify who the
custodian/agent represents
(4) The Documentary Transfer Tax declaration must be completed to show either the amount of tax
due or an acceptable reason for exemptipn. (See enclosed bulletin.) If there is "No
consideration," document must so state. - ' M
(5) The city where the property is located or "unincorporated area," is required on the deed and the
tax declaration must indicate how the tax was computed.
(6) The preliminary change of ownership report is required. Please complete or correct the areas
marked in red.
The notary acknowledgment is incomplete (please see red mark) or is on an outdated form. A
"General Acknowledgment" form is required. (See enclosed sample.)
The notary seal is illegible. You may have the notary restamp the document clearly or you may
complete the enclosed certification under the penalty of perjury. Adding the "Penalty of Perjury"
statement will increase the fee by $ re-
(9) Portion(s) of the document are illegible (please see red mark). You may execute and submit a
new original, or complete the enclose"ertification under penalty of perjury. Adding the
"Penalty of Perjury" statement will increase the fee by $
(10) The legal description/exhibit has been omitted. All exhibits must be referenced in the body of
the document and appropriately labeled.
(11) Recording reference (date and document number or book and page) of the prior recorded
document is incorrect or was omitted.
(12) Abstracts of judgment must contain the address of the judgment creditor(s), the address of the
judgment debtor(s) and the address at which the summons was served or mailed.
(13) Pursuant to Government Code sections 27288.1 and 27201, all parties whose interest is
affected must be named and identified (i.e. owner etc.).
(14) To properly perfect a security interest, this UCC-1 must be filed with the Secretary of State,
Uniform Commercial Code Division, P.O. Box 1738, Sacramento, CA 95808, unless it is a
"fixture filing" pursuant to UCC section 9313. Any Financing Statement covering fixtures must
include a statement that it is a fixture filing to be recorded in the real estate records, a
description of real property in Orange County and, if the debtor does not own the real property,
the name of the owner.
(15) We have received your check without a document or letter of instruction. We are unable to
determine the intent of the fees.
(16) The correct fee is $ If an attachment is added to the
document, the fee will increase as stated on the attached fee schedule.
(17) OTHER:
THANK YOU FOR YOUR COOPERATION
GARY L. GRANVILLE, COUNTY CLERK -RECORDER Please return to:
BY RClerk-Recorder
.nr} CO c,,� �� P.O. Box 238
D p Recorder T Santa Ana, CA 92702-0238
-0' F0662.105 (R10196) (714) 834-2887
G
Yry)0-4
file Notes Conse.ct �r � J
Office of the City Cterfe P`9i'd`n�
Huntington Beach, Catifiornia
0
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
January 27, 1999
Gary L. Granville, County Clerk -Recorder
P. O. f3ox 238
Santa Ana, CA 92702
CALIFORNIA 92648
Enclosed please find a Certificate Of Consent To The Sale Of Property And The
Assumption Of Rights, Duties And Obligations By And Between The City Of Huntington
Beach, MS Vickers II, LLC and Young Men's Christian Association of Orange County to
be recorded and returned to the City of Huntington Beach, Office of the City Clerk,
2000 Main Street, Huntington Beach, CA 92648.
Please return a conformed copy of the Consent To Sale when recorded and return to
this office in the enclosed self-addressed stamped envelope.
Connie Brockway, CMC
City Clerk
Enclosures
I/
g:lfollowupldeedltr:MS Vickers II LLC of APN 111-150-47 to YMCA
GAfb11owupldeed1tr
I Telephone: 714-536-5227;
RETURN ADDRESS:
•
DATE / 719
P-,Q -5 6 o
HQ,-T,oc r oo 111rAc-P, Cpl. �64s
Regretfully your unrecorded (LCaT. Qk-9�-7-, '
together with your remittance of $ fJoti , Ck. No. 1v f P
" ?-,-X-�
naming Ym C J---�
is being returned as your document is deficient in the area(s) indicated below:
(i) The recorder can find no provision in the law authorizing the recording of the enclosed
document(s).
(2) Recording cannot be performed in this county. Please forward your document to
County Recorder.
(3) For proper indexing:
a. "Et al" is not acceptable; all parties must be named.
b. The name of the company, corporation or partnership must be at the signature
point.
c. The trustee of a trust must be identified as such.
d. The names in the caption, execution and notary acknowledgment must match.
e. The caption of the document and signature point need to identify who the
custodian/agent represents
(4) The Documentary Transfer Tax declaration must be completed to show either the amount of tax
due or an acceptable reason for exemption. (See enclosed bulletin.) If there is "No
consideration," document must so state.
(5)
The city where the property is located or "unincorporated area," is required on the deed and the
tax declaration must indicate how the tax was computed.
(6)
The preliminary change of ownership report is required. Please complete or correct the areas
marked in red.
(7)
The notary acknowledgment is incomplete (please see red mark) or is on an outdated form. A
LL-0ett-
"General Acknowledgment' form is required. (See enclosed sample.)
(8)
The notary seal is illegible. You may have the notary restamp the document clearly or you may
complete the enclosed certification under the penalty of perjury. Adding the "Penalty of Perjury"
increase statement will increase the fee by $ ~$--
(9)
Portion(s) of the document are illegible (please see red mark). You may execute and submit a
new original, or complete the enclosedpertification under penalty of perjury. Adding the
"Penalty of Perjury" statement will increase the fee by $
(10)
The legal description/exhibit has been, omitted. All exhibits must be referenced in the body of
the document and appropriately labeled.
(11)
Recording reference (date and document number or book and page) of the prior recorded
document is incorrect or was omitted.
(12)
Abstracts of judgment must contain the address of the judgment creditor(s), the address of the
judgment debtor(s) and the address at which the summons was served or mailed.
(13)
Pursuant to Government Code sections 27288.1 and 27201, all parties whose interest is
affected must be named and identified (i.e. owner etc.).
(1 4) To properly perfect a security interest, this UCC-1 must be filed with the Secretary of State,
Uniform Commercial Code Division, P.O. Box 1738, Sacramento, CA 95808, unless it is a
"fixture filing" pursuant to UCC section 9313. Any Financing Statement covering fixtures must
include a statement that it is a fixture filing to be recorded in the real estate records, a
description of real property in Orange County and, if the debtor does not own the real property,
the name of the owner.
(15) We have received your check without a document or letter of instruction. We are unable to
determine the intent of the fees.
(16) The correct fee is $ If an attachment is added to the
document, the fee will increase as stated on the attached fee schedule.
(17) OTHER;
K
THANK YOU FOR YOUR COOPERATION '¢
GARY L. GRANVILLE, COUNTY CLERK -RECORDER Please return to:
BYT Cn c sj Clerk-Recordef
P.O_ Banc 238
Deputy Recorder
Amur Ca1W'!Q2-02M
Recording requested by, and
when recorded, mail to:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648 .
Attn: City Clerk
CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND THE 2,T
ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS BY AND
BETWEEN THE CITY OF HUNTINGTON BEACH, MS VICKERS H, L.L.C.,
AND YOUNG MEN'S CHRISTIAN ASSOCIATION OF ORANGE COUNTY
This Certificate of Consent is made and entered into by the parties herein on this !4
day of ,d e-c-,smA W , 1999. _
WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (hereinafter
referred to as the "Agreement") by and between the City of Huntington Beach, a municipal
corporation (hereinafter referred to as the "City"), and Pacific Coast Homes, a California
corporation, and Garfield Partners, a California corporation was recorded in the Official Records
of Orange County, California as Document No. 90-599766; and
On May 6, 1996, the City Council of the City gave its consent to the sale of property and
assignment of the rights, duties and obligations arising under the Agreement to PLC and MS
Vickers II, L.L.C. (hereinafter collectively referred to as the "Developer"); and
By that certain grant deed dated March 1, 1996, and recorded on May 9, 1996 as
Document No. 19960234746 of Official Records of Orange County, California, MS Vickers II,
L.L.C. acquired all right, title and interest in and to that certain real property (hereinafter referred
to as the "Property") described in the legal description and sketch attached hereto as Exhibits "A-
1" and "A-2", respectively; and
MS Vickers II. L.L.C. desires to sell the Property, which is a portion of the entire site
covered by the Agreement, to the Young Men's Christian Association of Orange County, a
California nonprofit corporation (hereinafter referred to as the "Buyer,), and to assign certain of
the Developer's rights, duties and obligations under the Agreement to the Buyer; and
The Agreement provides in part at Paragraph 4.2 that:
Prior to making the dedications and improvements required herein,
Developer may sell, assign or transfer the Property in whole or in
part with the consent of the City, such consent not to be
unreasonably withheld. City's consent will not be required if such
assignment is made to an affiliate of Developer. Any purchaser,
assignee or transferee shall have all of the rights, duties and.
1
4/s:4.99Agrec:YhfCA This doc urnent is solely for the
R.LS 99446 C{°:ti �:?� .f.:�:j!�FJ«� of the 01t+f
7/22/99 :..y'�:^:' Oi? Bo-m , as cantern-
ysu. 81 03 and should be recorded
free of charge.
Tax-Ere:npt-Cctjc, nmant P_Scncy
CITY Cry 241.15•1BEACH
C ^:ti!a ar;;o: -/..y, CK lark
BY: It 11h
eputy City Cler
•
obligations arising under this Agreement insofar as such rights,
duties and obligations are applicable to the Property or portion
thereof purchased, assigned or transferred; and
The City is willing to consent to the sale of the Property and to the assignment of the
rights, duties and obligations arising under the Agreement from MS Vickers II, L.L.C. to the
Buyer, and the Buyer wishes to memorialize its acknowledgment of all its rights, duties and
obligations it shall assume upon the sale of the Property and assignment of the Agreement;
NOW, THEREFORE, the City, MS Vickers II, L.L.C. and the Buyer do hereby agree and
acknowledge as follows:
I. CONSENT TO SALE OF PROPERTY
The City hereby consents to the sale of the Property to the Buyer.
2. CONSENT TO ASSIGNMENT
The City hereby consents to the assignment of the rights, duties and obligations
arising under the Agreement from MS Vickers II, L.L.C. to the Buyer, as described herein.
3. ACKNOWLEDGMENT OF RIGHTS, DUTIES AND OBLIGATIONS
The Buyer hereby acknowledges that by accepting this assignment, it accepts all
of the rights, duties and obligations arising under the Agreement insofar as such rights, duties
and obligations are applicable to the Property or portion thereof purchased, assigned or
transferred.
4. INCORPORATION OF EXHIBITS
Attached hereto and incorporated by this referenced as though fully set forth
herein are the following exhibits:
A-1: Legal Description of the Property.
A-2: Sketch of the Property.
B. Clarification of Development Agreement Rights and Duties.
5. RELEASE OF DEVELOPER
The City acknowledges that upon acceptance of the assignment of the rights,
duties and obligations under the Agreement by the Buyer as provided above, the Developer shall
have no further obligations with respect to the Property arising out of any acts, omissions, or
events occurring subsequent to the effective date of the transfer, except for those specific
obligations retained by the Developer as identified in Exhibit B and Paragraph b below.
04
4: s:4-99Agree:YM CA
RLS 99-446
7/22199
•
6. COMPLETION OF DEVELOPMENT AGREEMENT OBLIGATIONS.
The consent hereby given is expressly conditioned upon the items stated above,
and the completion of all of the following items:
a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-1,
not explicitly defined within Exhibit B shall continue to be the responsibility of the
Developer-, and
b. The Developer shall be responsible for construction of all infrastructure in
conformance with pages 20 and. 21 of the Holly Seacliff Development Agreement No.
90-1 and further clarified by the Developer in its letter to the City, dated May 7, 1996.
C. The Buyer shall pay the Library Development Fee pursuant to Huntington Beach
City Council Resolution 96-71 for all of its building permits in accordance with
Ordinance No. 3344. -
d. The Developer shall enter into an implementation agreement with the City that
provides a schedule for the construction of the infrastructure referred to hereinabove.
Balance of page intentionally left blank.
3
4ls:4-99Agree:YMCA
RLS 99-446
7.Z2r99
• 9
W WITNESS WHEREOF, the parties hereto have executed this Certificate by and
through their authorized officers on the date first above written.
S VICKERS Lk17L.0
CITY OF HUNTINGTON BEACH, a
ility company Cal' ornia municipal corporation
VICE PRESIDW
name
ITS: (circle one) Chairman.'President/Vice President
ITS: (circle
Mayor
ATTEST:
City Cleric 6pQ9
Amy J N445man+i APPROVED AS TO FORNI:
Atny J. Wissmann -
-
orMav President =A
Officer/Asst.
Secre[ -Treasurer Cli A ey�,, G - + 9
Ch,��r IUD � 5 � -1 � � { y�l
RE IEWE AND APPROVED: Q 11A
BUYER:
YOUNG MEN' S CHRISTIAN
ASSOCIATION OF ORANGE COUNTY,
a California nonprofit corporation
By:
—Tiff 69 10
print name
ITS: (circle one) Chairman/Presiden ice President
AND
By:
P�GG y e-A 20 1-c a
print name
ITS: (circle one) Secreta Chief Financial Officer sst.
Secretary - Treasurer
4
4/9:4-99Agree:YMCA
RLS 99-446
7r'22199
City Adirinistrator
INI7 D AND APPROVED:
Di ec or of Pla
DESCRIPTION OF REAL PROPERTY
All that certain land situated in the City of Huntington Beach, County of Orange, State
of California, described as follows:
LOTS 9, 10, 11 AND THE WEST ONE-HALF OF LOT 8 IN BLOCK "B" OF THE
GARFIELD STREET ADDITION TO HUNTINGTON BEACH AS SHOWN ON A
MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
Assessor's Parcel Numbers 111-15047
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EX MIT "B"
CLARIFICATION OF DEVELOPMENT AGREEMENT No. 90-1
RIGHTS, DUTIES AND OBLIGATIONS BETWEEN
MS VICKERS II, LLC (SELLER) AND
YOUNG MEN'S CHRISTIAN ASSOCIATION OF ORANGE COUNTY (BUYER)
FOR APN 111-150-47 (PROPERTY)
Section 2.2.1: Linear Park.
All obligations relative to this condition have already been fulfilled.
Section 2.2.2: Neighborhood Parks.
Obligation for design, dedication, improvement . and initial maintenance of
neighborhood parks was assumed by PLC at the time of the purchase of this property
by MS Vickers LLC. PLC retains those obligations.
Section 2.2.3: Public Right of Way and Private Streetsca a Improvements. -
2.2.3 (a): The obligation to dedicate property for public right of way has been
fulfilled by MS Vickers II, LLC.
2.2.3 (b) and 2.2.3 (c): Buyer will assume the obligation to improve and
maintain private perimeter landscaping, walls and signage on the property.
2.2.4: Traffic and Circulation Improvements.
Most of the obligations under this section relevant to the subject property were assumed
by PLC at the time of the purchase of this property by MS Vickers LLC. PLC retains
those obligations, with the following clarifications:
2.2.4 (f): Buyer is responsible for the payment of any fees levied pursuant to
this section and applicable to this property.
2.2.4 (g): Buyer will be responsible for payment of future traffic fees, if any,
imposed by ordinance and applicable to this property.
2.2.5: Water, Sewer, Drainage and Utility Im2rov_ements.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations, with the following
clarifications:
2.2.5 (d): Buyer will be responsible for the undergrounding of any overhead.
utilities required of this property.
2.2.5 (f): PLC has assumed the responsibility for construction of the backbone
"Green Acres" reclaimed water project. Buyer will be responsible for the
connection of onsite irrigation systems to the Green Acres backbone system.
0
2.2.6: Fire and Emergency Medical.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations.
2.2.7: Police.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations.
2.2.8: School Facilities.
Buyer will be responsible for payment of any impact fees that may be due HBCSD per
the existing mitigation agreement as a result of the development of the property.
2.2.9: Other Development Controls.
Not applicable to this property.
2.2.1O:- Fees:
Buyer will be responsible for the payment of any and all fees due under this section as a
result of the development of the property.
CALIFORNIA ALL -PURE ACKNOWLEDGMENT 0
State of (AtvJ �f4 U�
Los NAM5skCounty of
On 'kV(IU ':� , (CAS before me, C&4y BUun , 1r1y ouVle-
Date N e and TWQ511 Officer (e-g.-'Jane Doe. Npy ry Pu is)
personally appeared _ �JRV1A SrAlor
Name(s) of signer(s)
)(personally known to me- to be the person
whose name a;e subscribed to the within instrument
and acknowledged to me the ehcfH�y executed the
same i sr �1#heir authorize capacity( ), and that by
is 'r signatureX on the instrument the persong,
: CINDYBYUN or the entity upon behalf of which the persow acted,
TOA
Commission # I154653 executed the instrument.
40
-m Los Angeles County°=' WITNESS my hand nd ffic I seal.F,,Nc1aryF1ubI`tc-CQ1kn1W--'
yComm.Fpies Aug 23,200 -
Signature o` tary Pubic
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Title(s):
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Attorney -in -Fact
Trustee
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RIGHT THUMBPRINT
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Name:
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Title(s):
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Attorney -in -Fact
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Signer Is Representing.
RIGHT THUMBPRINT
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01995 Nalional Notary AssociaSion - 8236 RemmetAve.. PC. Bor 7184 - Canoga Park, CA 91309.7184 Prod- No 5907 Reorder; Call Tall -Free 1-Bf10-876-6827
. 0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of s pii� Yl Oe s ss
On , before me, kayo—skirA"Ski Notary N611L
Date NAme and Title of O`ricer ,a t; . 'Jane Ooe, Notary Pt.7i c'
personally appeared vr1 iS vt
na_0(s} of Signers}
personally known to me
�] proved to me on the basis of satisfactory
evidence
KAYO SHIRAISHI
Commit iort # 1215191
Notary PutAc - COltMMIC
Los Angeles County
SMV Comm. Expires Apr 5. 2DM
P ace Notary Seat Above
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
�fl &'t'l _
�C Sibahtwe of Notary al.b is
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Title or Type of Document: t�C er`t@1 CAA_ Co-SEnrt
Dgcument Date: a / Number of Pages:
Signer(s) Other Than Named Above: Clfy 1f HS r W 54 N SD
Capacity(ies) Claimed by Signer .
Signer's Name: _ igmi, VjtSSnjAy'IVj-
❑ Individual Top of tnurno
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Attorney in Fact
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Signer Is Representing: hA S q t CV-eis Y. , LL C,
0 1997 Nallwail N-14ry Association • 9350 De Sato Ave., P.O. Box 2402 • Chatssonh. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
F
CALIFORNIA ALL-PUR46E ACKNOWLEDGMENT
State of O�
County of G r
On --aeo_Q�, b,e,r _%o/� before
Date Name and Ttfe of Officer (e.g..'! oe, Notary Puafic-)
personally appeared
Name(s) of Signer(s)
PIrersonally known to me
to be the persorQ whose namQ re ubscribed to e
within instrument and ackno d to me the they
executed the same in�+isEi� eir uthorized capaci es
and th y histheir ignatureW on the instrument the
persorW or the entity upon behalf of which the persolo)
acted, executed the instrument.
t1¢ABErH EH RING
+ Cornmlaslon# 1150021 WITNESS my hand and official sea]. -
.-d NotaryPubltc-CgGfornlG
Orange County
My COMM. E%P'res A4 29, 2001
Signature of Notary Pc6lic
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Signer's Name: PQI ' i Signer's Name:
0 Individual
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❑ Other: thumb here of
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Number of Pages;
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CALIFORNIA ALL-PURPaSE ACKNOWLEDGMENT
State of C e l t2 t':� r�Pr--.
County of OFBiN Gca—
On _ /O -_/ — 9 (. _ before me,e�
Date 1
^, �� A A I f ! Na^ a and Title o' oOfficer,e.g., ' e Doe, No!ary Pu�c� l _ jJ 1.
LL
personally appeared
DEBORAH L �
colnnlseio l0 112"M
Molar PAft--.. cocromv
da,pe cash►
My corm BpVW Feb 9. 200!
Names) of Sigrer(s)
9? f ersonally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
signatura of NV Pubi
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❑
El
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Signer is
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RIGHT THUMBPRINT
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.. of thurnV=fe
Signer's Name:
❑
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Top of thLjmb her
0 1996 National Notery Association • 8236 Rammet Ave., P.O. Boa 7184 - Canoga Park, CA 81309.7184 Prod- No. 5907 Reorder: Call Toll -Free 1-800.87&8827
+,CALIFORNIA ALL-PURPINE ACKNOWLEDGMENT •
State of
County of Qa A�_
On / G — 1-9 I t1 _ _ before me-, vi: AA, L L'
Oate A Narne and Tine of Ofh 1e.g..'Jane Doe, Notary Public')
personally appeared
4DDEBORAH L UNIGMMM
coRr kOW il 112NO4
OKWW COLF+b
IMV Coffm BVkm Fab v W01
C,orsonally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
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Cl
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tuber of Pages:
Individual
Corporate Officer
Title(s):
Partner — l❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
0 1996 National Notary Association • 8236 Remmet Ave.. P.O_ Box 7164 • Canoga Park, CA 91309-7164 Prod. No. 5907 Reorder: Call Toll -Free 1-1300-876.6627
,Bro A/4 "n�
�� re
Council/Agency Meeting Held:
red/Continued to:
7Aoproved Conditionally Approved ❑ Denied
u C' lerk's Signature
Council Meeting Date: November 15, 1999
Department ID Number: PL 99-67
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator oW
PREPARED BY: HOWARD ZELEFSKY, Director of Planning//-----�
SUBJECT: Approve Consent For Pending Sale of a 0.5 acre property located
on south side of Garfield, east of Stewart (APN 111-150-47) in the
Holly Seacliff Development Agreement Area
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Transmitted for your consideration is a request by MS Vickers II, LLC for the City Council to
provide consent to the pending sale of a property to the Young Men's Chrisitian Association of
Orange County (Y.M.C.A). The property is subject to the Holly Seacliff Development Agreement.
Section 4.2 of the Holly Seacliff Development Agreement requires the City to provide consent to
the sale of the properties covered by the Development Agreement if the sale is to a party not
affiliated with the Developer and if all public improvements have not been completed. Staff has
performed due diligence regarding the pending sale of the property and recommends that the
City Council provide consent to the sale to the Y.M.C.A.
Funding Source: Not applicable.
Recommended Action:
Motion to:
1. "Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, approve the request by
MS Vickers II, L.L.C. for the City Council to provide consent for the pending sale of a 0.5 acre
property (APN 111-150-47) to the Young Men's Christian Association of Orange County, and
2. Approve and authorize the Mayor and City Clerk to execute the Certificate of Consent to the
Sale of Property and the Assumption of Rights, Duties and Obligations by and between the City
of Huntington Beach, MS Vickers II, L.L.C. and the Young Men's Christian Association of Orange
County, and authorize the City Clerk to record said document with the Orange County Recorder."
*QUEST FOR COUNCIL ACT
MEETING DATE: November 15, 1999 DEPARTMENT ID NUMBER: PL 99-67
Alternative Action:
The City Council may make the following alternative motion:
"Continue the request for consent for the pending sale of a 0.5 acre property (APN
111-150-47) and direct staff accordingly."
Analysis:
A. PROJECT PROPOSAL:
Applicant: MS Vickers II, LLC, 1999 Avenue of the Stars, Ste. 2000, Los Angeles,
CA 90067
Location: Approximately 0.5 acres located on the south side of Garfield, east
side of Stewart St.
B. BACKGROUND:
On November 5, 1990, the City Council adopted the Holly Seacliff Development Agreement
(DA) for the properties owned by Pacific Coast Homes and other Chevron Land and
Development Company subsidiaries in the Holly Seacliff area. The DA requires the
Developer to provide numerous public improvements. To date, the Developer is in
compliance with the terms of the DA as determined by the annual compliance reports
reviewed by the Planning Commission and the City Council. The most recent report, for
1998, was approved by the Planning Commission on January 26, 1999 and the City Council
on February 16, 1999.
On May 6, 1996 the City Council approved the consent for the pending sale of approximately
65 acres of property governed by the DA to MS Vickers 11, LLC. The subject parcels were
included in the 65 acre total.
C. STAFF ANALYSIS AND RECOMMENDATION:
MS Vickers II, LLC has entered into a purchase and sale agreement with the Young Men's
Chrisitian Association for the sale of a 0.5 acre property on the south side of Garfield, east
of Stewart St. (Attachment No. 2). The property is located in the Holly Seacliff DA area.
Pursuant to Section 4.2 of the Holly Seacliff DA, the City Council must provide consent prior
to the sale or transfer of properties to buyers not affiliated with the Developer.
The letter from the applicant indicates that the majority of the DA obligations were assumed
by PLC, not MS Vickers ll, LLC at the time of purchase from Chevron Land and
Development Company. The buyer will be responsible for any fees and on -site
infrastructure, including undergrounding of overhead utilities, associated with developing the
PL99-67 -2- 11/05/99 3:00 PM
IWUEST FOR COUNCIL ACT
MEETING DATE: November 15, 1999 DEPARTMENT ID NUMBER: PL 99-67
property when this occurs. The Fire Department does not have any concerns regarding the
proposed sale.
The City Attorney has determined that all of the obligations of the DA run with the land
covered by the DA and with the buyer. The City Attorney has prepared a Certificate of
Consent Agreement (Attachment No. 3) which has been signed by the seller and the buyer;
the Certificate will be signed by the City if the consent request is approved. The Certificate
includes a condition regarding posting a bond for the Holly Seacliff water reservoir and
associated infrastructure pursuant to the City Council's action on July 20, 1998. This
condition has been satisfied by PLC as of September 24, 1998 with the posting of a $11.2
million faithful performance bond.
Staff recommends that the City Council provide consent to the sale of the subject property
and authorize the Mayor to execute the Certificate of Consent. There are no outstanding
public improvement issues related to the property, and the terms of the DA will be fulfilled.
Environmental Status:
The Holly Seacliff DA No. 90-1 is covered by Final Environmental Impact Report No. 89-1
which was certified by the City Council on January 8, 1990. No additional environmental
review is necessary. Staff has prepared a mitigation measure compliance matrix for Final
Environmental Impact Report No. 89-1 which requires the Developer to complete necessary
studies and complete the requirements of the studies prior to development.
Attachment[s]-
1. Vicinity Map
2. Letter from GCE Group dated June 30, 1998
3. Certificate of Consent Agreement
(g:VcaformslP L99-67)
MBB
PL99-67 -3- - 11/05/99 3:00 PM
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C� J
CI
ROUP
R E A L E S T A T E
April 30, 1999
Ms. Mary Beth Broeren
City of Huntington Beach
Department of Community Development
2000 Main Street P.O. Box 190
Huntington Beach, CA 92648
MAY 10 1999
C o N S U L T I Al C E S
���i,;
RE: Request for City Consent to Sale of Property
Holly Seacliff Development Agreement No. 90-1
AP\': 111-150-47
Dear Mary Beth:
MS Vickers II, LLC has entered into an agreement to sell the above referenced parcel
of land to the Young Men's Christian Association of Orange County. In accordance
with Section 4.2 of the Development Agreement, we are formally requesting the City's
consent to this sale.
As you may recall from the City's consents to the purchase of this property from
Chevron Land and Development Company, et. al., the majority of the Developer's
Obligations under Section 2.2 of the Agreement were assumed by PLC. Any remaining
site specific obligations will be transferred to the Buyer and triggered by the further
development of this property. Those obligations are described more fully in Exhibit B,
attached hereto.
If you have any questions regarding the requested consent or need additional
information, please call me at your convenience. Thank you for all your help and
expeditious handling of this matter.
Sincerely,
Patrick A. Gibbons
enclosures
cc: Mr. David Simon
Mr. S. Robert Yi
19800 MacArthur Blvd., Sulte 300, Irvine, CA 92612-2424
tel 949.474.9620 fax 949.474.7350
0 0
. . . ........
- OR
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49
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
December 10, 1999
Gary L. GranVrHe, County Clerk -Recorder
P. Q. Box 238
Santa Ana, CA 92702
CALIFORNIA 92648
Enclosed please find a Certificate Of Consent To The Sale Of Property And The
Assumption Of Rights, Duties And Obligations By And Between The City Of Huntington
Beach, MS Vickers II, LLC and Young Men's Christian Association of Orange County to
be recorded and returned to the City of Huntington Beach, Office of the City Clerk,
2000 Main Street, Huntington Beach, CA 92648.
Please return a conformed copy of the Consent To Sale when recorded and return to
this office in the enclosed self-addressed stamped envelope.
Connie Brockway, CMC
City Clerk
Enclosures
g:Ifollowupldeedltr:PLC, Peninsula Park, L.L.C.
G:1fo11owvpldeed1tr
(Telephone. 714-636-6227 )
Recording requested by, and
when recorded, mail to:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: City Clerk
CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND THE
ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS BY AND
BETWEEN THE CITY OF HUNTINGTON BEACH, MS VICKERS H, L.L.C.,
AND YOUNG MEN'S CHRISTIAN ASSOCIATION OF ORANGE COUNTY
This Certificate of Consent is made and entered into by the parties herein on this /0
day of bece-inAer , 1999.
WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (hereinafter
referred to as the "Agreement") by and between the City of Huntington Beach, a municipal
corporation (hereinafter referred to as the "City"), and Pacific Coast Homes, a California
corporation, and Garfield Partners, a California corporation was recorded in the Official Records
of Orange County, California as Document No. 90-599766; and
On May 6, 1996, the City Council of the City gave its consent to the sale of property and
assignment of the rights, duties and obligations arising under the Agreement to PLC and MS
Vickers II, L.L.C. (hereinafter collectively referred to as the "Developer"); and
By that certain grant deed dated March 1, 1996, and recorded on May 9, 1996 as
Document No. 19960234746 of Official Records of Orange County, California, MS Vickers II,
L.L.C. acquired all right, title and interest in and to that certain real property (hereinafter referred
to as the "Property") described in the legal description and sketch attached hereto as Exhibits "A-
1" and "A-2", respectively; and
MS Vickers H. L.L.C. desires to sell the Property, which is a portion of the entire site
covered by the Agreement, to the Young Men's Christian Association of Orange County, a
California nonprofit corporation (hereinafter referred to as the "Buyer"), and to assign certain of
the Developer's rights, duties and obligations under the Agreement to the Buyer; and
The Agreement provides in part at Paragraph 4.2 that:
Prior to making the dedications and improvements required herein,
Developer may sell, assign or transfer the Property in whole or in
part with the consent of the City, such consent not to be
unreasonably withheld. City's consent will not be required if such
assignment is made to an affiliate of Developer. Any purchaser,
assignee or transferee shall have all of the rights, duties and
1
'41sA-99Agr=YMCA Th!s docurnent is solely for they
RLS 99-446 Q;ri,;:!n! 'd''!sll ess- 31 the C}t+j
7/22/99 G .' [ �:.: PBo- -h, a- contem-
1-,;1r;;:� undar Government Code
r-jsL. 6103 and should be reoordeal
free of charge.
Tax -Exempt -Government A.gcncy
CITV
OF- BEACO'.4
C ~h1 2�ac.
B%t
eputy City Cier
obligations arising under this Agreement insofar as such rights,
duties and obligations are applicable to the Property or portion
thereof purchased, assigned or transferred; and
The City is willing to consent to the sale of the Property and to the assignment of the
rights, duties and obligations arising under the Agreement from MS Vickers II, L.L.C. to the
Buyer, and the Buyer wishes to memorialize its acknowledgment of all its rights, duties and
obligations it shall assume upon the sale of the Property and assignment of the Agreement;
NOW, THEREFORE, the City, MS Vickers II, L.L.C. and the Buyer do hereby agree and
acknowledge as follows:
CONSENT TO SALE OF PROPERTY
The City hereby consents to the sale of the Property to the Buyer.
2. CONSENT TO ASSIGNMENT
The City hereby consents to the assignment of the rights, duties and obligations
arising under the Agreement from MS Vickers II, L.L.C. to the Buyer, as described herein.
3. ACKNOWLEDGMENT OF RIGHTS DUTIES AND OBLIGATIONS
The Buyer hereby acknowledges that by accepting this assignment, it accepts all
of the rights, duties and obligations arising under the Agreement insofar as such rights, duties
and obligations are applicable to the Property or portion thereof purchased, assigned or
transferred.
4. INCORPORATION OF EXHIBITS
Attached hereto and incorporated by this referenced as though fully set forth
herein are the following exhibits:
A-1: Legal Description of the Property.
A-2: Sketch of the Property.
B. Clarification of Development Agreement Rights and Duties.
5. RELEASE OF DEVELOPER
The City acknowledges that upon acceptance of the assignment of the rights,
duties and obligations under the Agreement by the Buyer as provided above, the Developer shall
have no further obligations with respect to the Property arising out of any acts, omissions, or
events occurring subsequent to the effective date of the transfer, except for those specific
obligations retained by the Developer as identified in Exhibit B and Paragraph 6 below.
2
4ls:4-99Agree: YMCA
RLS 99-446
7122,199
•
6. COMPLETION OF DEVELOPMENT AGREEMENT OBLIGATIONS.
The consent hereby given is expressly conditioned upon the items stated above,
and the completion of all of the following items:
a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-1,
not explicitly defined within Exhibit B shall continue to be the responsibility of the
Developer; and
b. The Developer shall be responsible for construction of all infrastructure in
conformance with pages 20 and 21 of the Holly Seacliff Development Agreement No.
90-1 and further clarified by the Developer in its letter to the City, dated May 7, 1996.
C. The Buyer shall pay the Library Development Fee pursuant to Huntington Beach
City Council Resolution 96-71 for all of its building permits in accordance with
Ordinance No. 3344.
d. The Developer shall enter into an implementation agreement with the City that
provides a schedule for the construction of the infrastructure referred to hereinabove.
Balance of page intentionally left blank.
3
4;s:4-99Agree:YMCA
RLs 99-446
W2199
rI
IN WITNESS WHEREOF, the parties hereto have executed this Certificate by and
through their authorized officers on the date first above written.
MS VICKERS C..� CITY OF HUNTINGTON BEACH, a
a e a� it ility company Cal' ornia municipal corporation
VICE PRESIDE ff-
name
ITS: (circle one) Chairman/PresidentiVice President
0
ITS
Secretary - Treasurer
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORIM:
/Asst. Cit A orne �
RE IEWE AND APPROVED:
BUYER:
YOUNG MEN'S CHRISTIAN
ASSOCIATION OF ORANGE COUNTY,
a California nonprofit corporation
By:_DDaz_��
-Tse f 4 • R" fr l K) %
print name
ITS: (circle one) Chairman/Presiden ice President
AND
By:
P�C-� u � 2oLL6
print name
ITS: (circle one) SecretaryChief Financial Officer sst.
Secretary - Treasurer
4
4/s:4-99AgreeNNICA
RLS 99.446
W21:99
City A tnistrator
INITIAT D AND APPROVED:
Di ec or of Pla
EDIT - A 1
DESCRIPTION OF REAL PROPERTY
All that certain land situated in the City of Huntington Beach, County of Orange, State
of California, described as follows:
LOTS 9, 10, 11 AND THE WEST ONE-HALF OF LOT 8 IN BLOCK "B" OF THE
GARFIELD STREET ADDITION TO HUNTINGTON BEACH AS SHOWN ON A
MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA:
Assessor's Parcel Numbers 111-150-47
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EXIiIBIT "B"
CLARIFICATION OF DEVELOPMENT AGREEMENT No. 90-1
RIGHTS, DUTIES AND OBLIGATIONS BETWEEN
MS VICKERS II, LLC (SELLER) AND
YOUNG MEN'S CHRISTIAN ASSOCIATION OF ORANGE COUNTY (BUYER)
FOR APN 111-150-47 (PROPERTY)
Section 2.2.1: Linear Park.
All obligations relative to this condition have already been fulfilled.
Section 2.2.2: Neighborhood Parks.
Obligation for design, dedication, improvement and initial maintenance of
neighborhood parks was assumed by PLC at the time of the purchase of this property
by MS Vickers LLC. PLC retains those obligations.
Section 2.2.3: Public Right of Wav and Private Streetscape Improvements.
2.2.3 (a): The obligation to dedicate property for public right of way has been
fulfilled by MS Vickers II, LLC.
2.2.3 (b) and 2.2.3 (c): Buyer will assume the obligation to improve and
maintain private perimeter landscaping, walls and signage on the property.
2.2.4: Traffic and Circulation Improvements.
Most of the obligations under this section relevant to the subject property were assumed
by PLC at the tune of the purchase of this property by MS Vickers LLC. PLC retains
those obligations, with the following clarifications:
2.2.4 (f): Buyer is responsible for the payment of any fees levied pursuant to
this section and applicable to this property.
2.2.4 (g): Buyer will be responsible for payment of future traffic fees," if any,
imposed by ordinance and applicable to this property.
2.2.5: Water Sewer Drainage and Utility Im rovements.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations, with the following
clarifications:
2.2.5 (d): Buyer will be responsible for the undergrounding of any overhead
utilities required of this property.
2.2.5 (f): PLC has assumed the responsibility for construction of the backbone
"Green Acres" reclaimed water project. Buyer will be responsible for the
connection of onsite irrigation systems to the Green Acres backbone system.
2.2.6: Fire and Emergency Medical.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations.
2.2.7. Police.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations.
2.2.8: School Facilities.
Buyer will be responsible for payment of any impact fees that may be due HBCSD per
the existing mitigation agreement as a result of the development of the property.
2.2.9: Other Development Controls.
Not applicable to this property.
2.2.10: Fees:
Buyer will be responsible for the payment of any and all fees due under this section as a
result of the development of the property.
CALIFORNIA ALL-PURPRE ACKNOWLEDGMENT •
State of
County of
On gDece hbe-T /'0. 11�9 7 before me,
Date Name and Title of Officer (e-g.. 'JV
_. Notary Public)
personally appeared.
ow
Narre(s) of Signer(s)
ersonally known to me
-7
to be the person(E) whose names re ubscribed to e
within instrument and ackno
Oadwd to me the they
executed the same in_#wAVkLjbeir Authorized capaci ies
and thy his their ignatureW on the instrument the
perso( ,, or the entity upon behalf of which the perso(5)
acted, executed the instrument.
EEffABETH EHPJNG
Commission 0 1150021 WITNESS my hand and official seal.
QMYC0MM.Bq*0AUg29,2001
Notary Pubric-Ccarifomia
Orange County
Signature of Notary P lic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages T
/Yl S Vi-G��`�• � cE
Signer(s) Other Than Named Above: 4
Capacit XIes Iaimed by Signefig��
Signer's Name: Rz� 1 Signer's Name:
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Titleds�!
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❑ Attorney -in -Fact
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❑ Guardian or Conservator -
❑ Other: Taq of thumb here
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Corporate Officer
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• Box 7164 Canoga Park. CA 9*09-7184 Prod. No. 5907
Reorder. Call Toll -Free 1•6006878.8927
CALIFORNIA ALL-PURPRE ACKNOWLEDGMENT 0
I
State of��
County of _t/v7 M `%UWC -) -
On YT7L
a before me, ✓`
oats tva a rtd Title Nfcar (e-g Jane Dce. Vary Public-)
personally appeared my_n
NamejQ of Signer(s)
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and ackn ledged to me tha he jeheftftey executed the
e in (i #�er�eir authorized capacityp<s), and that by
C �DY E" UN s �ttleir signature*,on the instrument the person),
t152453 or the entity upon behalf of which the pe rsonjKL acted,
No'oy. . executed the instrument.
''•'JCOrTirTt•rJ WITNESS my hand and i ,sea
i
S.gnarure of Notary Pu is
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner — L Limited
Attorney -in -Fact
Trustee
Guardian or Consent
Other:
Signer Is
3
RIGHT THUMBPRINT
OF SIGNER
Too of thumb hero
Number of Pages:
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner — - Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUM BPRINT
OF SIGNER
0 1995 National Notary Associal.ion . 8236 Rommel: Ave.. P.O. Box 7184 - Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder- Call Toil -Free 1.800-87"827
•
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
l ss.
County of �,05 �YidjBleS
On '-' A —� I M I , before me, _ t�y'A/ pkloll L
Dale Wme and Tt:e of Ofrcer to g.-lane Doe, Notary elie)
personally appeared — � V W ISSw,AV�,�
Name(s) of Sgner(sf
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l_ personally known to me
i proved to me on the basis of satisfactory
evidence
to be the person(s) whose narne(s) islare
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my
hand and official seal.
Place Notary Seal Acove S,ynal.lre cf Notary Pub-ic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: t'e C MJ. e
e
Q �1 DocumentBate: e f J��_ _ Number of Pages: L D
Signer(s) Other Than Named Above: Co � �t tI 9V Sb
Capacity(ies) Claimed by Signer
Signer's Name: � � 11�tSS*AV"'n _
❑ Individual
oZ. Corporate Officer — Tifle(s): GE:o
L Partner --- ❑ Limited General
Ej
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing: S V fA L
C 1997 Na-icnal Notary Asscciation - 9350 De Soto Ave.. P D. Box 2402 - Caa,.sworta. CA 91313-2402 Prod No. 5907 Reorder: Call Toll -Free 1-800-876-6827
CALIFORNIA ALL-PURPRE ACKNOWLEDGMENT 0
State of CAL go 2 Q I PC
County of
On /0 — / — 9 Y before me, J
Dale Name and T+Ue 01 Officer e-g., ' a Doe, Notary Public')
personally appeared Rz, Q 5Z V
Name(s) of Signer(s)
9-fersonally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
DEB0�4 t catrrNstlan / 112M311 person(s), or the entity upon behalf of which the person(s)
N*"Pjft—Cdftffft acted, executed the instrument.
orange cowily
101MV Carm Fab Q'MDt WITNESS my hand and official seal.
S;gnamre of N Publi
OPTIONAL
Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
■
■
■
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited
Attorney -in -Fact
Trustee
Guardian or Cons
Other:
Signer Is/iepresenting
ral
RIGtIT THUMBPRINT
OF SIGNER
Top of if,jrro her
Signer's Name:
r
J
❑
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited C General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
0 1996 National Notary Association - 8236 Rommel Ave.. P.O. Box 7184 - Canoga Park, CA S1309.7184 Prod. No. 5907 Reorder. Call Tali -Free 1.800-876-6827
CALIFORNIA ALL-PURPA ACKNOWLEDGMENT •
- Z �- r ONA"i «t
r
County of 01Z Prr,3 �
On _ JD - before me, L L�t�&)
Dale A Hama and Titre of Otti ie.9-, 'Jane Doe, Notary Public? 7-
personally appeared
Ei�p6rsonallyT<nown to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
SignatureWflubl
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited
Attorney -in -Fact
Trustee
Guardian or Con ry
Other:
Signer 19"Representing
Gefiieral
RIGHT THUMBPRINT
OF SIGNER
...
Signer's Name:
❑
ber of Pages:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited E. General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
..OF SIGNER
i.
0 1996 National Notary Association • 8236 Remmat Ave., RO. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Call Tali -Free 1•BDD-876-WI
REQUEST FOR LATE SUBMITTAL
(To accompany RCA's submitted after Deadline
Department: FSubJect —�-6
Council Meeting Date: l l t5bi
Date of This Request:
EXPLANATION (Why is this RCA necessary to this agenda?):
lelav of this RCA adversely impact the City?):
0 0
RCA ROUTING SHEET
INITIATING DEPARTMENT:
PLANNING DEPARTMENT
SUBJECT:
Approve Consent For Pending Sale of a 0.5 acre
property located on south side of Garfield, east
of Steward (APN 111-150-47) in the Holly'
Seacliff Development Agreement Area
COUNCIL MEETING DATE:
November 15, 1999
`'.RCA ATTACHMENTS. `.
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the Cit Attome
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form b C!!Z Attorney)
Not Applicable
Certificates of Insurance (Approved by the qLty Attorney)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION, FOR:=MISSING. ATTACHMENTS
,REVIEWED. :'°.
RETURNED :._
`FORWARDED
Administrative Staff
Assistant City Administrator Initial
Cit Administrator Initial
City Clerk
EXPLANATION FOR RETURNOF ITEM.