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HomeMy WebLinkAboutCoultrup Development Company & Birtcher Real Estate - 1993-07-06"W ATTACHMENT NO. 4 SCHEDULE OF PERFORMANCE I. GENERAL PROVISIONS 1. Preparation of"Partnershi Agreement. Property Owners shall complete preparation and execute Block 104 Developer Partnership Agreement in a form acceptable to Agency Executive Director. 2. Execution of Aareement Sy the Agency. The Agency shall approve and execute this Agreement, and shall deliver one (1) copy thereof to the Developer. Prior to scheduling of hearing by the Agency of the Agreement. Not later than forty-five (45) days after the date of execution and submission of three (3) copies of. this Agreement by the Developer and the Property Owners have executed their individual covenants, conditions and restrictions and guaranties. 3. Evidence of Financin_a Not later than ninety (90) and Insurance Certificates. days prior to close of Each of the Developers shall escrow for Block 105 and submit evidence of ninety (90) days prior to financing and Insurance building permits for Block Certificates. 104. 4. Sirtcher/Coultrun Entitv The Block 105 Developer shall become a partnership between Coultrup Companies and a new Birtcher entity. Not later than ten (10) months from Coastal Commission approval of the Downtwon Specific Plan, but in no event later than July 15, 1994. r II. ENTITLEMENT AM MAP APPLICATION CONSTRUCTION DOCUMENTS AND BUILDING PERMITS WITH RESPECT TO THE SITE S. Developer and Acenc ADDlication for Discretionar Permits for Proiect. Each of the Developers and Agency shall apply for the conditional use permit, tentative tract map, Within ninety (90) days after Agency approval of this Agreement. (� 05/13/93 ATTACHMENT NO. 4 .� 6449u/2460/009'' Page 1 of 3 and coastal development permit required for the construction of the Developer Improvements. 6. Submittal of Construction Drawings. Each of the Developers shall submit to the City complete construction drawings for all of the Developer Improvements. 7. Review of Complete Drawings. The City and its Building Official shall review.the construction drawings submitted by the Developers. 8. Final Review of Complete Drawings. The City and its Building Official shall review the construction drawings (revisions) sub- mitted by each of the Developers. 9. Obtainina of Building Permits. Each of the Developers shall obtain all building and other permits needed to commence construction of their respective Developer . Improvements. Not later than eight (8) months from Coastal Commission approval of the Downtown Specific Plan, but in no event later than July 15, 1994. Within forty-five (45) days after submittal by each of Developers. s a . Within twenty (20) days after resubmittal by each of the Developers. Not later than forty-five (45) days after approval of construction plans. 10. Recording Property Owners Not later than ten (10) CC&Rs. Agency shall record days from issuance of CC&Rs on each parcel of building permits. Block 204. III. AC UISITION OF SiRRABERE-WOOD•GOODKkN PARCELS OR OTHER PARCELS AS REQUIRED. 11. agency shall obtain Not later than eighteen (18) possession of Sarrabere-Woad- months from date of Goodman Parcels. execution of this Agreement. I:'. ESCROW . 12. Opening -of Escrows. Agency Within twenty (20) days Ind the Block 105 Developer after approval of open escrows for the construction plans. conveyance of the Agency Parcels and the Sarrabere- Wood-Goodman Parcels. 05r 13; 93 ATTACHMENT NO. 4 . 6 i49ul2460j009 Page 2 of 3 .13. Close of Escrow. Escrow Within ten (10) days closes. after the satisfaction (or waiver by the appropriate party) of all of the Conditions Precedent to Conveyance. - V. CONSTRUCTION PRASE 24. Commencement of Construction. Not later than thirty Each of the Developers shall (30) days after commence construction of the issuance of building Developer Improvements. permits. 15. Comoletion'o£ Construction. Not later than eighteen Each of the Developers (18) months after shall complete construction the close of Escrow or the of all of the Developer transfer of possession Improvements. under an order of ` ' - prejudgment possession but in no event later than forty-eight (48 ) months from the date of execution of this Agreement. 05/23/93 ATTACHMENT NO. 4 6449u/2460/009 Page.3 of 3 i Main Pier II Partnership 18281 Gothard, Suite 202 Huntington Bach, CA 92647 P.O. Box 1270, Sunset Beach CA 90742 (714) 3754733 Fax: (714) 3754735 July 17, 1995 Members of the City Council City of Huntington Beach 2000 Main Street Huntington Beach, CA 92647 Re: Your approval of Main Pier 11 Honorable Mayor and Members of the City Council: We respectfully request that you rind MP11 fiinxnclRily fcasibic tonight and d[rect staff to prepare a affordable housing plan. 1) uncial Feasibility: a. Best project in IS years. b. No other option has been found or exists that is better. c. $400,000 Agency obligation for affordable housing can be funded in many ways. We recommend use of funds from the MPII project as follows: I. $300,000 from soils retnediation from MPII. $990,000 is the total available from the State Clean Up Fund. 2. $200,000 from Agency obligation to pay project fees on MPII. City may waive or defer these fees. Agency, if needed, may repay fee from MPII tax increment. $500,000 Total Is $46,000 more than needed. 3. S201,000 Agency is required to set wide 200/9 ofMP11 tax increment for affordable housing. This represents 20% of the present value (S 1.005.000) not the entire tax increment. $7011000 Partial fuMs available from project if needed. d. MPII creates $130.000 a year in increased tax increment. c. MP11 resources provide amble reserves in the unlikely event site Improvements or affordable housing costs arc higher. '95 07i17 13:11 %T 7143754735 VITR Q6 03 2} Otber 66 fr d 1 ni s: a. With Home Funds and if needed tax increment from MP11 the Agency can provide the affordable units undcr the same plan as identified for MPII. The sites have been identified and the plans to acquire are identified. It can be done DZY. 3) Approvals & ContrIcts-. a. All approvals including the recent approval by the California Coastal Commission are in place. All City approvals were approved in July 1993. b. All Contracts have been in place since July 1993. The contracts are between the Privatt Property Owners, the Redevelopment Agency, Coultrup Companies and Birtcher. 4) R d 'c : a. Coultrup/Birtcher are prepared to fund MP11. Our market review proves that the average Condo sales prig will be $239,000. Third BlocMest has funded it's equity/risk capital and underwritten it's condos at 5230,000. 5) 11yIP1i ja nol approved; a. City losses the right to condemn the Property Owners. b. Set backs, open space, public arrenities and building continuity is lost. c. Private Property Owners are sprat emotionally and physically. After 15 years a deal is finally in place. it may take another IS years to get any kind of movement on behalf of the parties. d. 15 years of work, investment and planning would be lost. f. Blight and unsafe conditions would remain indefinitely. c. You still have Papa Joe's on black lay and that is an expensive problem. g. Tax increment will be lost (5130,000 per yr.) h. It may be another 15 years until the next chance comes along. By then the City would have lost millions of dollars. L The downtown plan remains incomplete. All the time and money that was invested to bring the downtown back falls well short. Synergism is not accomplished and the PCIVPicr entrance to the City remains a black eye. Approval ofMIP1I Is the obvious choice. We hope that you will support the many years of planning and extensive investment of time and money by Coultruip, the Property Owners and the Agency to bring the people of Huntington Beach this opportunity. On behalf of the Main Pier 1I Partnership; Ton . CCU true ent, 195-125 `"./ ,Main Pier If/ Coultrup Remaining Agency Costs to Complete the Project 1. Cracchiolo Acquisition $99,000* 2. Loan Interest Subsidy 4900000* 3. Downtime/Relocation 630,000* 4. Permit Fee Tnereases (City can waive or defer) 200,000* S. Site Remediation 300,000** 6. Off Site Improvements $85,000 7. Affordable Housing ($300,000 to $400,000) 400.000 s . Total Agency Costs S2,704,000 A&ency Revel Developer Land Payment $ 1,800,000 Developer Advance Reimbursement 200,000 State Clean Up Fund Reimbursement 5� Total Agency Revenues $2,250,000 Total Agency Revenues/(Cost) ($454,000) Affordable Housing Funding Sources a) Reimbursement from State Cleanup Fund Tor Main Picr II (Agency has been approved by the state for up to $990,000) b) City may waive or defer Ageny's obligation for project fees c) Tax Increment from Main Pier l l (present value based on S 13 0,000 per year for 23 years) d) Agency's potential profit share from Main'Pier 11 t) Home Funds ( $500,000 available now, $500,000 this year and an additional $500,000 next year. These Federal Funds are allocated to the City specifically for affordable housing) Total Available S 300,000 S 200,000 $ l,005,000 $ 158,000 §—MQ0,W0 S 3,163r000 Note: *L1ne items 1-4 are capped costs listed at their maximums and may in fact cost less. ** Line item 5 is part of a total S990,000 that is availabic to be reimbursed from the State Clean up Furd. 195.112 ATTACHMENT NO.6 ATTACHMENT f 6 1o. handling in its use, transportation, generation, storage, handling, treatment or disposal, or is "hazardous" or harmful to the environment. `"f Excerpt from 209 of DDA collection, defined as (b) The term "Hazardous Materials Contamination" shall mean the contamination (whether presently existing or hereafter occurring) of the improvements, facilities, soil, groundwater, air or other elements on, in or of the Site by Hazardous Materials, or the contamination of the buildings, facilities, soil, groundwater, air or other elements on, in or of any other property as a result of Hazardous Materials at any time (whether before or after the date of this Agreement) emanating from the Site. (c) The term "Governmental Requirements" shall mean all laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the state, the county, the city, or any other political subdivision in which the Site is located, and of any other political subdivision, agency or ins-trumentality exercising jurisdiction over the Agency, the Developer or the Site. 2. Environmental Site Evaluation As soon as possible following the execution of this Agreement, each of the Developers and Agency shall cause the investigation of the environmental condition of their respective portions of the Site, at their respective cost and expense. Such investigation shall include such activities as the environmental consultant or expert retained to perform such im estigation (the "Environmental Consultant") deems necessary or appropriate to determine the environmental condition of the Site, but in any case, including preparation of at least a Phase 1 report for the Site. If either of the Developers determine that testing beyond Phase I is necessary, such testing shall be the requesting Developer's expense. All parties shall deliver to each other a copy of all reports and test results. The Bloch, 104 Developer and Agency shall each bear any remedial cost associated with hazardous material contamination of or caused by as certified and proof provided by an engineers report acceptable to both parties of,their respective parcels (the "Cleanup Costs"), which shall not exceed Two Hundred Thousand Dollars ($20C,000) for the Agency and One Hundred and Twenty -Five Thousand ($125,000) as follows: Sixty Thousand Dollars ($60,000) for the Block 104 Developer; and Sixty -Five Thousand Dollars ($65,000) from Coultrup Companies (the "Maximum Cleanup Costs"). Each propeuty owner on Block 104 shall be required to contribute up to ;fen Thousand Dollars ($10,000) per parcel. This contribution is made first to cover contamination clean up on 05/13; 93 6 449u1=a60T009 -2 4- Section their individual property and second to cover contamination clean up on another property owner's property who is a party to this Agreement. Each property owner shall contribute an equal amount up to Ten Thousand Dollars (510,000) per parcel except for Frank Alfonso who will only contribute towards his own parcel. For the Agency, the Maximum Cleanup Cost shall be comprised of an initial One Hundred Thousand Dollar ($100,000) amount (the "Nonrecoverable Amount") and a One Hundred Thousand Dollar ($100,000) amount (the "Recoverable Amount"). rf the Agency expends funds of the Recoverable Amount, said funds shall be reimbursed from gross profits of the Block 105 portion of the Project prior to calculations of net profits pursuant to Section 201 herein. The Agency shall pay any necessary Cleanup Costs for the 5arrabere-Wood-Goodman Parcels as a separate obligation from the Maximum Cleanup Costs up to an amount equal to One Hundred Thousand Dollars ($100,000). In the event that the cleanup costs on Sarrabere-Wood-Goodman Parcels exceed the One Hundred Thousand Dollar ($100,000) cap and are not offset an the condemnation evaluation of fair market value or the negotiated purchase price, said additional amount shall count toward the naency's Nonrecoverable, Recoverable and Maximum Cleanup Costs. 3. Riaht of Termination for Contamination Each of the Developers and the Agency shall each have the right to terminate this Agreement if the Cleanup Costs for their respective parcels are expected to exceed the Maximum Cleanup Cost of Two Hundred Thousand Dollars ($200,000) for Agency or One Hundred and Twenty -Five Thousand Dollars ($I25,000)'for the Flock 104 Developer. The determination of the Cleanup Cost shall be made by a specialist in the area of contamination evaluations and documented by a written report subject zo review by the expert retained by the non -terminating party. In the event of a dispute, a third expert shall be retained jointly to review the analysis and make a final determination as to probable cost which determination shall be binding in all parties for purposes of this paragraph. Each of the Developers shall have the option to elect to pay Agency Cleanup Costs in excess of Two Hundred Thousand Dollars ($200,000). Agency shall have the right to pay Developers Clean Up Costs in excess of Ond Hundred and Twenty Five Thousand ($125,000). Termination of the Agreement pursuant to this provision (if after the conveyance of title) shall require the reconveyance of all of the Bloc}: 105 property to the Agency and a repayment of the Purchase Price to the Developer. In the event of termination under this Section, the Block 105 Developer shall retain the Advance Assistance but in no event shall any of the parties owe any other a claim for reimbursement or loss arising out of or relating to this Agreement. 05f13j93 6449u/2460!009 -25- ATTACHMENT NO. 7 Attachment: 7 MAIN -PIER Project Wea -Cash Flow Projections 0-1wing C-NOW Corrmpanles Development) 1W4M5 I 19SS96 1 1996197 1 1997198 1s998199 EST. BEGINNING CASH BALANCE $1,035,000 to (344,634) (31,876,3911) ($1,738,759) INCOME Tax Increment (100%): Non-Couttmp 2,142,083 2,192,556 2.245.3% 2.345.643 2,44$,899 Tax Increment (100%): Coutlrup Co. Development 0 0 65.618 131236 Interest 56.925 0 (2,455) (103.202) (95,632) T.O.T. (Walarfront) 500,0D0 525,000 551.250 578.813 607.753 Abdatmuti Loan 338,700 340.505 340.505 340.505 340.WS RLM Ground Lease 253,64 253.534 253,834 253,834 253,834 Lease Payments (438 Main) 14.400 19.200 0 0 0 Land Safe (rows Sq.) 27,000 54.000 54,0W 54,0DO 54.000 Land Sale (Third Block West) 0 4.620.000 0 0 0 Land Sala Pacific Park Villas O 416.000 0 0 0 TOTAL INCOME $3,332.942 $3.421,095 $3.442.5W 53,W5,211 $3,738.595 EXPENSES NON-DISCRgMONARX Usting Bond Debit 1,179,145 1.175.905 1,175,665 1,180.ms 1.179.585 Huntington National Bank Note 130.000 1L0,000 95,000 90,000 90.000 Pass Thru Payments 30.761 31.376 32.004 32,644 33.297 Property Tax Collection Charge 27,771 221.3213 25.893 29.471 30.060 Third Block west 0 4,1'."O,DDO 0 0 0 TEW Stle Remodiatlon 0 2:.0,000 0 0 0 Town Square Parldng -18 spaces 0 0 270,0D0 0 0 Durwood Buyouts 9W.000 900,000 900,000 9W.000 900,000 Abdelmuti Rent Subsidy/Misc. 364.000 190.000 100.000 75.000 75,000 Abdolmutl Tenant Improvement Loan m 750,000 0 0 0 0 Facade Grant-2eidan 0 146,000 O 0 0 Phase 11(roxics & Relocation) 250,000 0 0 0 0 In-riau Parking Fees 0 120.0DO 60,000 60.000 K000 Potential Ubgstion Costs 0 307.000 1.600,000 0 O Trainer Facade Grant 98,000 0 0 0 0 Sub Total 3,689,677 7,368.603 4,261,562 2,Wa.100 2.367.942 CR ONA City Debt 89.816 450.000 450.000 450.000 450,000 Operating 125,750 132.038 138,639 145.571 152,850 Operating Admin Portion (30'%) 191,203 195,W7 200,878 206,904 213.111 Legal Services 83.000 200.000 100.000 100,DDO 100,0m Legal Services Admin (30%) 11.370 23,370 23.370 23.370 23.370 Business Development (30%) 70.521 96.687 99,845 103.926 107.682 Sub -Total 571.6W 1.037,122 1.012.732 1.029.472 1.047.013 TOTAL EXPENSES $4,261,337 S8,435,729 $5,274.294 13,397.571 $3,414.955 NET INCOME (928,395) (44,634) (1,831,764) 137,639 323.641 Bankruptcy Claims 106,605 EST. ENDING Cash BALANCE SO ' S44,634) - (S1,876,398) ($1,738,759) $1,415,118) The Following Main -Pier Project Area obligations are proposed to be paid by the Huintington Center Project Area in order to reduce the Main -Pier Expenses in view of the projected Shortfalls. untington Center payment of Main 4'ier Obligations-* 1W4V5 I 1995M 1996197 1 1997198 1 1MTS Ltain-Pier Housing Set -Aside Obligations $428.417 $438,511 $449,079 5482,252 3515.627 ktain.Pier City Debt Repayment Obligations 360.184 _ 0 0 0 0 Total $788.601 $438.511 $449,079 5482,252 $515.627 MEiGED.XLS M-P 5/31195 12:29 PM ATTACHMENT NO. 8 Attachment 8 HUNTINGTON CENTER Project Area - Cash Flow Projections 1"4)95 ( 1995M I 1996197 I 1997198 I 1997198 { EST. BEGINNING CASH BALANCE 17.036,000 $4,859.729 $3,742,223 $2,561,917 $1.135.104 INCOME Tax Increment (80%) 955,424 978.706 1.007.472 1,028,534 1.057,174 Interest 386,980 267.285 205.822 140,905 62.431 TOTAL INCOME 1.342.404 1.245.991 1.213.294 1.169.439 1.119.605 EXPENSES Non0scret+ona r y Eadsting Bond Debt 1,040,673 1.040.073 1.043.313 1.040,230 1,041.163 School Pass -Through 3,500 4,895 5.045 5,045 5.045 Property Tax Collection Charge 15,000 15.000 15.300 15.606 15.918 Barge Development 155.000 Housing Set Aside. Main PlerPortlon 426,417 436,511 442,079 482.252 515,627 Education Revenue Augmentation Fund $139.142 s0 s0 s0 s0 Sub -Total 1.626,732 1.498.479 1.512.737 1.698.133 1,577,753 DISCRETIONARY City Debt 475.000 475.000 475,000 475.000 475.000 My Debt Ualn-PlarPortlon 380,184 0 0 0 0 Operating 39.495 41.470 43.543 45.720 48.006 Operating Admin Portion (30%) 182,098 191.203 200,763 210.801 221,341 Legal Sorvkea 5.060 5.060 5.060 5.060 5,060 Legal Services Admin Potion (30%) 11.370 23.370 23.370 23.370 23.370 Business Development (40%) S4.028 128.916 133.126 138.168 143.576 Sub -Total 1,167,235 865,019 880.863 898.120 916,353 TOTAL EXPENSES s2,7aa,ss7 $2,363.423 $2,393,600 $2,596.253 $2,494.106 NET INCOME {51,451,6fi3) (57,117,607} ($1,180,305) (St,426,814) ($1,374,502) Bankruptcy Claims 724.708 EST. ENDING Cash BALANCE $4,859,729 :.. $3,742.223 $2.561.917'" $1.135.104 ($239.398) MERGED.XLS H-C 5131 /95 12:22 PM ATTACHMENT NO. 9 Attachment 9 HOUSING SET -ASIDE - Cash Flow Projections Qndudng Couldup Companies DevelopmenU 1994S5 I 1995196 I 1996197 1 1997M 1 1998199 EST, BEGINNING CASH BALANCE 31.194.000 ($1,055,195) ($911,92T) (S1,052,339) {51,065,165) INCOME Tax Increment (20%) 871.076 891.415 914.291 929,424 052.576 Five Points Senior Villas $250k 9.500 38,000 38,000 38.000 38.000 Interest 64,020 (58.035) (50-156) (57.879) (58,584) In Lieu Fee Affordable Housing ("111) 0 0 50,000 0 0 TOTAL INCOME $944,596 $871,380 $952,135 $909.645 $931.992 Expenses Nog-0iscretionary Five Points Senior VI'as Loan/Grants OVE II Buyouts 725 Utica Loan Agreement Third Block West Berge Development Pacific Park Villas ERAF Brisas del Mar Couttrup Companies Development DISCRETIONARY Operating Operating Admin Portion (10%) Legal Services Legal Services Admin Potion (10%) Transfer to Emerald Cove Mobile Home Review Committee 100.000 100.000 100,000 100.000 0 150.000 0 450.000 0 0 0 0 0 0 825,000 0 0 6W.000 0 300,000 450.000 0 0 0 139,142 0 0 0 0 243.717 0 0 0 0 1,334,500 0 0 0 0 Sub Total 2.717,359 550,000 925,000 750.000 0 54.671 42,3e8 44.486 46.711 49.046 55.540 57.743 60,049 62,6W 65.368 20.000 20.000 20,000 20.000 20.000 3.411 8.011 6.011 8.011 8,011 60.000 35.000 35.000 35.000 35.000 15.000 Subs -'total 213,822 178.122 167.547 172,372 177.425 TOTAL EXPENSES $2.930,921 $728,122 $1.092,547 $922,312 $177,426 NET INCOME (S1,966,365) $143,258 (3140.412) ($12.826) $764.566 Bankruptcy Claims $232.200 EST. ENDING Cash BALANCE ''1101.055.186) (11911.927) ($1,052,339) (51,066.166) ($310.599) MERGED.XLS Hsg 5/31/95 12:26 PM ATTACHMENT NO. 10 ATTACHMENT NO.3 Attachment 43 Main -Pier Phase II/Coultrup Remaining Agency Costs to Complete the Project 1. Cracchiolo Acquisition $992000* 2. Loan Interest Subsidy 490,000* 3. Downtime/Relocation 630,000* 4. Permit Fee Increases Sub Total 5. Site Remediation 6. Off -site Improvements 7. Affordable Housing (Range: $800,000 - $1,334,500) Sub Total Total Agency Costs Agency Revenues Developer Land Payment Developer Advance Reimbursement State Cleanup Fund Reimbursement Total Agency Revenues - Total Agency (Cost)/Revenues 200,000* 300,000 585,000 1,334.500 $1,800,000 200,000 250,000 $1,419,000 $2,219,500 S396389500 $2,250,000 (S1,388,500) Note: "Line items 14 are capped costs listed at their maximums. Line item 5 is expected to be fully recovered from the State Cleanup Fund. Present Value of Tax Increment $1,005,000. ATTACHMENT NO.4 U-c.W-0-0 11=.>U I#J..77f I 'ACRMENT #4 State cf GlFforNa Memorandum TO : Mr. Keith Bohr FROM : Wendy Westerman, Claims Reviewer UST CLEANUP FUND PROGRAM STATE WATER RESOURCES CONTROL BOARD 2014 T Street - Mail Code G8 SUOJECT : Status of Letter of Commitment for Claim 1253 Date: May 26. 1995 Per our conversation today, the Letter of Committmerd (LOC) for the Huntington Beach RodevelopmeM Agericy, 520 Pacific Coast Hghway is on hold pending Governor Witson's signing of the 1995/1996 Budget. When the budget is signed we will procecss your claim in order of priority on the "HOLD" fiat. If you have any questions or require further information, plcm do not hesitate to call me at (9I6) 227-0749. ATTACHMENT NO. 5 ATTA�ENT 15 REQUEST FOR REDENTLOPMENT AGENCY ACTION ED 93-II Date ,July 6,,,_Z993 Satmitted to: Honorable Chairman and Redevelopment Agency Members Sul:mitted by: Michael T. Uberuaga, Executive D' Prepared by: Barbara A. Kaiser, Director of Redevelopment Subject: Af n-Pier Phase H (CouUrup) Affordable Housing Ptah 7%/93 - d4�.u• ,e, 1& '71-/r/93 Consistent with Council Policy? I X I Yes I I New Policy or Exception DENIED 13Y COUNCIL 7- /9 - fS Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: ;. V1"1012 The Main -Pier Phase II (Coultrup) project, if approved, triggers the requirements of Health & Safety Ccde Section 33413(b)(2). This section requires that 15% of the units constructed (12 out of 80 units), must be provided to low and moderate income households. Of this 15%, 40% of the units must be very low income units (5 of the 12 units). Staff recommends an Affordable Housing Plan that complies witli this requirement in several steps. 1) Approve the proposed Affordable Housing Plan for the Main Pier Phase II (Coultrup) Project, as proposed, and appropriate $732,000, using redevelopment housing funds (set aside) for implementation, if the project proceeds. 2) Approve the proposed Affordable Housing Plan as meeting Condition No. 9-g (Affordable Housing Program) of the Conditional Use Permit No. 92-17 for the Main -Pier Phase II project. AI,TALYSiS: Staff has completed the negotiations for a proposed Disposition and Development Agreement for the development of 80 condominiums and 47,500 square feet of commercial/office space at Main Street and Pacific Coast Highway (Main -Pier Phase II). The construction of housing within a redevelopment project area triggers Section 33413 (b) (2) of California Community Redevelopment Law ("Production Requirement"). The Production Requirement states that 15% of all housing built in a redevelopment project area must be affordable to households of low and moderate income. In addition, 4070 of the If ! must be affordable to households of very low income. Production housing units may be built offshe of the project that triggers them but they must be built in the redevelopment project area. At this time, staff has no other sites available or proposals for development of affordable housing within the Main -Pier Redevelopment Project Area that are financially feasible. In the past, projects such as Pier Colony, Bayshore and Villas del Mar have not complied with this requirement. This has resulted in a current net deficit of-133 affordable unit . Under the terms of the proposed Disposition and Development Agreement for the Main Pier Phase II Project, the Agency has assumed the responsibility for meeting the Production requirements of this project. Staff has analyzed the potential costs for providing very low and moderate income units on site. Coultrup Companies anticipates the following sales prices %ith Agency subsidies as indicated for a one bedroom, two person household. 3SaI 'ce Sales Prices1max.1 $220,000 $ 159,000 $220,000 38,500 Total Subsidy Required: 7 Moderate x 5 Very Low x affordable Unit Subsidy Amt.lUnit (8% 1st TD) Moderate Income $ 61,000 Very Low Income 181,500 $ 61,000 = $ 427,000 181,500 = _ _ :07.500 Total: $ 1,334,500 As the above analysis demonstrates it is prohibitively exrnsive to subsidize units on -site for sale horsing for very -low incorhe. Therefore, staff is recommending that a subsidy be provided to future buyers for 12 moderate income units on site and that 5 very-Iow income rental units be developed offsite at some time in the future. The subsidies to the 12 future buyers would be in the form of second trust deeds, with equity sharing upon sale. The final sales prices will be established upon completion of the project, and the subsidy amount will be adjusted accordingly. To implement this recommendation staff requests that $732,000 be appropriated to assist the 12 Mgderate income units onsite. The additional 5 very low income rental units to be developed offsite would be funded from future years Housing Set -Aside. The Redevelopment Agency's Housing capital outlay budget for FY 93/94 contains funds to meet this obligation. This proposed Affordable Housing Plan only becomes effective if the proposed DDA is approved, signed and implemented. aNDING SOURCE: Redevelopment Agency Low and Moderate Income Housing Fund ALTERNATfVE AMQN: None ,6JTACI��NTS: 1) Resolution No. a `-1 2) Affordable Housing Plan for Main Pier Phase II (Coultrup). 3) Affordable Housing Calculations 4) Draft CUP A4TU/BAK:ls 351 t , Attachment 12 Coultrup Companies V 18281 Cot hard Strict, suite 202, 1lunluig(on Woch CA 92648 (714) 37-"733. Fax: 3754135 May 9,1995 Keith Bohr Development oftconomic Development City of Huntington Beach 2000 Main Suvd Huntington Beach CA 92648 RE: Nearing date for removal ofthc Agcmy financial feasibility condition in the ))J)A. Dear Keith: We are most plcaxd with the CmlifoWta Coastal Commission's (CCC) favorable response to the MPR project. Fuvlxx it is anticipated that the pending; appeal will be denied by the (':CC at the June hearing which is scheduled bemven the 12th and 16th. In the DDA it provides that the Agency shall determine within thirty (30) days ufapproval of the DTSP by the CCC that tL a Agency has sufficient funds available to casnplc(c all of its obligations forMPII. We arc encouraged that as all parties had alwa)s planned, your findings show a surplus of funds forMPH. Sequentially we believe that the removal of the financial feasibility condition should occur at the first City Council meeting after tine CCC denies the pmtding appeal. 71=cibrc we request that aldmgh the subjed 30 days is rasp on June 10, 1995 we request that the 30 day period be extended to forty (40) days to allow the city Council to remove the fsnanaal feasalfflity condition on Monday. Junc 19.1995. . Thank yes for your assistance in this matter. On behalf of the Main Pier 11 partomh1p; yam• Michael Voss Birtcher Real Estate, Ltd., Kay Let, Esq. Voss, Cook & The Nchael Leifer Pa k ierL Tyler, Weiner.... Mike Meruaga City Administrator Kah Bohr Departrtne:nt of Economic Development "4-%5 Attachment110 Council/Agency Meeting Held: Deferred/Continued to: Cl Approved ❑ Conditionally Approved C! Derled City Clerk's Signature Council Meeting Date: Apri13, '1995 Department 10 Number. unknown REQUEST FOR COUNCILIREDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE MAYORiCHAIRMAN AND CITY COUNCIL MEMBERS/REDEVELOPMENT AGENCY MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator/Executive Direct�f Cat PREPARED BY: RAY SILVER, Assistant City Administrator AV SUBJECT: , Affordable Housing Strategy (Low and Very Lov Tncome) Statement of Issue, Funding Source, Recommended Action, Altemative Action, Anafysis. Environmental Status. Statement of Issue: A strategy is needed to guide the expenditure of monies for the development of affordable housing. Attached is the proposed first annual Affordable Housing Strategy. Staff envisions this document as the implementation tool for all affordable housing in the City, one tha!VAII;—; present both staff and affordable housing developers with criteria for evaluating poten%l projects and presenting those projects to the Council. `�- e � 7•� FundinSource: w ;�f7/+f q �z � y No kno= budgetary impact from the adoption of the strategy, though the document � l guide the expenditure of the following affordable housing funds: Redevelopment Hofrsrng� Set Aside; Community Development Block Grant (CDBG), and HOME Investment Partnership funds Recommended Action: Approve the First Annual Affordable Housing Strategy. Direct staff to return on an annual basis (at a minimum) with a strategy for Council approval. Altemative Action(sl: 1. Direct staff to make specific changes'to the strategy. 2. Do not approve the strategy as it is currently drafted. y REQUEST FOR COUNCIUREDEVELOPMENT AGENCY ACTION MEETING DATE Apnl 3, 1995- _ - - - DEPARTMENT ID NUMBER- unknown Analysis With the exception of the city's housing element, CHAS (Comprehensive Housing Affordability Strategy) and redevelopment housing plans, there has been no single policy document that defines city council preferences for affordable housing (for households with incomes from 0 to 80% of median income) policies and programs As proposed, the annual housing strategy is intended to provide direction for staff, and ultimately the City Council, in evaluating proposals for funding assistance The strategy will also serve as an annual report, which is reviewed and debated in a public forum • a policy document that compares adopted housing goaLumth state requirements and redevelopment obligations of the city an evaluation tool for comparison of both proposed and approved affordable housing projects The strategy covers the following housing programs, policies and activities • Housing Needs • Housing Survey • Housing Element Goals and Affordable Housing Strategies • Housing Programs — CDBG rehabilitation loan program — HOME program — Redevelopment housing set aside funds • Rankings of Approved and Proposed Projects • Affordable Housing Obligations (due to redevelopment activities) Staff is prepared to discuss the strategy in more detail and respond to any questions and concerns from Council Environmental Status Exempt HSGSTRG DOC -2- 03/22/95 2 16 PM REQUEST FOR COUNCIUREDEVELOPMENT AGENCY ACTION - MEETING DATE: April 3,1995 DEPARTMENT ID NUMBER: unknown Attachments): 9. First Annual Affordable Housing Strategy 2. Economic Development Committee Minutes—February24 & March Z 0,1995 MTU:RS:DB:GB:db:gb' HSGSTRG.DOC -3- 03122/95 2:31 PM cC V In Attendance: Dave Sullivan, Dave Garofalo, Victor Leipzig, Ray Silver, Stephen Kohler, Mike Adams, Greg Brown, Dart Bruening Ij Affordable Housing SlrafeMr - Mike Adams distributed a draft Affordable Housing Strategy document for review by Committee Members, and he, Dan Brucning, and Greg Brown gave -a two=hour presentation on its-content:-The'followirig items are noteworthy points of distinction: Housing Survey - Early results of the city's single-family residential survey conducted, show the area north of Heil, west of Springdale, and east of Bolsa Chica as the focused area of future reviialiration. The benefits of concentrating rehabilitation funds in one area, as opposed to piecemeal rehabilitations throughout the city, were explained. Positive statistics were expressed of the Oakview Enhancement Project related to the overall reduced numbers in Police and fire calls, as well as the secondary social benefits to the community. Housing Element -- Within the city's adopted Housing Element, goals and policies are identified for numerous programs and a variety of tasks. While many of these programs have already been implemented, the Housing Strategy will attempt to place those programs into perspective, and offers 13 affordable housing activities for future consideration and implementation. Housing Programs - Council member Garofalo asked staff if the city had an incentive program for commercial owners. He was specifically addressing the successful storefront improvement program completed in Westminster. Ray Silver responded that two years ago, a similar proposal was presented to our City Council, however, it was not favorably supported. Mobile Home Park Programs - The city has exhausted its financial resources for inspections that require bringing Parks into compliance with current codes. Therefore, the inspection process was given back to the state_ Ray Silver stated that the decision remains -- how much money do you put into a mobile home before improvements exceed its value? Mike Adams identified Cabrillo Park to be the city's biggest offender of codes because it is owned by the state and exempt of regulations. The city is looking at ways to make mobile homes more affordable, and Council member Sullivan asked if since the Human Resources Board (HRB) chair agrees staff can make additional recommendations to the HRB, can this procedure be followed for the Citizens Advisory Board, and can staff place more emphasis with CAB for funds to implement housing? Home Program - Greg Brown described this federally funded program and identified targeted areas to be Main -Pier and Oakview project areas. The program funds are available for housing rehabilitation, acquisition of housing or vacant land, new construction, rent.sl assistance and first time home buyer assistance programs. Staff recommends the HOME funds be used for (I) Facilitating the acquisition of multi- family housing projects for rehab, (2) Develop paiincrships with CHDO's and other nonprofit housing developers, and to (3) Provide gap financing for nonprofit housing partners with secured partial financing commitments from conventional lenders. Redevelopment Set Aside finds - The City's/Redevelopment Agency's existing shortfall of housing unit credits was briefly discussed. Council member Garofalo asked for clarification of credits earned within and onside the project areas. He also asked if staff previously researched the benefits of amending the existing Main -Pier Project Area boundary to include the Pacific Trailer Park. Affordable Housing Project Rating Sheet - A point system was created in the form of a rating sheet to evaluate the requests for financial assistance for affordable housing projects. Council Members would like to see the following items included on the rating sheet. (I) Higher points available for development inside project areas, (2) IncIude a "unique feature" category to distinguish projects, (3) A project quality category to include For Profit/Non Profit developers, and (4) A staff recommendation line available for comments. Council member Garofalo asked staff to include the following language under Project Cost Analysis "Cost Per Unit; Subsidy Per Unit; and Payback to the Agency/City." Using the proposed point system, Mike Adams noted I potential projects outlined on page 22 of the document. The Final version of the Affordable Housing Strategy will be recommended to the City Council for formal adoption after committee deliberations are complete. '2) Proposed Nome Project - The Orange County Community Housing Corporation is purchasing the properties at 17361 and 17371 KoIedo Lane (5 units each), to rehabilitate and make them affordable to very -low income households for no less that 59 years. The city's cost for the rehabilitation is $5I8,000; $250,000 secured from other sources, and $268,000 as the city's obligation. The city currently has HOME funds available until April 19, 1995, from Year 1994. This project is proposed to be allocated from these available funds. The loan will be structured as a deferred loan, and rents will be paid to OCCHC, fully secured by real estate. The city will receive 10 very -low income housing credits for the Housing Element. An Affordable Housing Agreement and Recorded Covenant will assure us that the units remain affordable, and will require annual monitoring. 0 Mayor Leipzig mentioned his focus to be statutory obligations as 1 st to redevelopment, 2nd to housing quality in Oakview, not affordability If rents have to be increased, so be it Dan Bruerung mentioned the secondary benefit assurance with the CCR's in place If the city rehabs these properties, the nonprofit owner will have a voice on the Homeowner Association Board to enforce CCR's to include ongoing maintenance, landscape, fencing, etc , on surrounding units Council member Garofalo is resistant to investing this kind of money without one-half of the rent going back to the city It was determined that thisitem will be brought back to the EDC for further discussion The next Economic Development Committee meeting is scheduled for Friday, March 10, 1995, at 10 00 AM, Fourth Floor Center Conference Room La Salle Partners have been invited back to give an update presentation on the Mall xc- Mayor and City Council Department Heads (s\,nutcs\u) 3 In Attendance: Dave Sullivan, Dave Garofalo, Victor Leipzig; Ray Silver, Jim Lamb, Melanie Fallon, Greg Brown, Dan Bruening 1) Affazdehle Housing Strategy - Dan Brucning distributed the 2nd draft version of the Affordable Housing Strategy. Melanie Fallon and Dan will -coordinate comments to rewrite portions of the document's introduction. Staff will incorporate recommended changes to develop a more concise description of the document and housing programs. Daring discussion, of the HOME Investment Partnership Program, Council Member Garofalo stated his concern to revitalizing the Oakview Area with affordable housing. He believes Oakvitw is a Redevelopment Project Area issue. The proposed rating sheet point system will b_ used to evaluate approval or denial of initial requests for financial assistance of afferdablc housing projects. If approval is recommended, staff designed an additional document "Project Description and Application, to obtain detailed information from a prospective developer applicant. In addition, a new category will be added at the end of the rating sheet to include "City Cost Per Unit." The point system below is to be reflective on the new rating sheet: Loan of Iess than $25,000/unit = 10 points Grant of less than $25,000/unit = 7 points Loan of less than $50,000/unit = 5 points Grant of less than $50,000/unit = 2 points Also, it was noted that a "Screening Process" section for comments be incorporated into the rating sheet. Z) Proposed HOME Project - Creg Brown gave a brief overview of the proposed 10- unit project at 17361 & 17371 KoIcdo Lane. In terms of the proposed deferred loan, Council Member Garofalo will not support the project without a reduction of the principal borrowed on at Ieast an annual basis as payback to the city. An estimated amount of $7,500 was calculated and suggested. Staff speculated that while a payback of some -Find may occur, the city will only be able to realize this by putting more money upfront into the project. Mayor Leipzig believes this project accomplishes two things: (1) An improvement in the community's housing quality, and (2) It keeps the units affordable. It is his believe that affordable housing should be secondary to improving housing quality, and therefore, he suggested Orange County Community Housing Corporation (OCCHC), the non-profit property owner, seek higher rents. Staff responded that rental fees are determined by HOME regulations. Greg will research with Alan Baldwin of OCCHC the feasibility of agreeing upon a minimal annual payback to the city. Further, Council Committee Members were reminded by staff of the significance of Council approving the "commitment" of funds before the deadline of April 13. 3) Surplus School Sites - Melanie Fallon distributed a draft version of the language proposed by Community Development staff to be established as Surplus School Sites Reuse Policies into the city's General Plan In the past, staff has experienced problems with looking at only 9 vacant sites of the total 19 existing vacant sites Therefore, the new proposed policy creates a school site master plan that addresses the long-term needs of the school districts and the city residents Melanie advised Council Committee Members that the General Plan Advisory Committee will meet on April 5 to review and support staffs position on this issue Concurrently, city staff is distnibutmg the proposed policies for review by the school district superintendents and the district school board members Subsequent meetings with all parties will be scheduled over the next few weeks Historically, the school districts have experienced difficulty taking individual sites through the city's process for development Through these upcoming meetings, staff wants to improve communications with the school districts It was noted that Wayne Wedin, consultant representing the Ocean View District, has reviewed the proposed policies, and is extremely pleased at staffs effort Mayor Leipzig and Councilman Sullivan support keeping open space to the greatest extent possible, and advised staff to keep the applicable language strict The next Economic Development Committee meeting is scheduled for Friday, March 24, 1995, at 10 00 AM, Fourth Floor Center Conference Room xc Mayor and City Council Department Heads (&\aunutcs\1s) 2 Rk, 9 FEE W, O W A O� • L ._� TABLE OF CONTENTS ' PAGE INTRODUCTION............... ........................................................................ :............ .......................................... 1 AFFORDABLE HOUSING INCOME GUIDELINES..................................................................... 2 HOUSINGNEEDS .»»»..,.».........»...» ................»....... ... »...».... ...».»»............ »............................ 3 HOUSING SURVEY STA ITSTICS................................................................................................ 4 HOUSINGSURVEY...................................................................................................................... 5 HOUSING ELEMENT GOALS & POLICIES................................................................................ 6 AFFORDABLE HOUSING STRATEGIES ................................ »............... ......................... .......... . 7 HOUSINGPROGRAMS..................................................................................................................................... 9 LOANS ISSUED IN FY 1994/95 TO DATE ................. ........... ».... »..»............................................ 10 CDBG REHABII.ITAIION PROGRAM ............ ».................. »...................................................... Ii MOBILE HOME PARKS IN HUNIINGTON BEACH .............. ..... ».... ....... ................................. 12 MOBII.E HOME PARK PROGRAMS » .... ».................................................................. ............. 13 HUNTINGTON BEACH HOME PROGRAM ............................. »..... ............................................ 14 HOME INVESTMENT PARTNERSHIP PROGRAM.................................................................... 15 HUNiiNGTON BEACH REDEVELOPMENT SET ASIDE.......................................................... 16 REDEVELOPMENT SET ASIDE FUNDS ........................................... »........................................ 17 AFFORDABLE HOUSING PROJECTS COMPLEI'ED................................................................. 18 AFFORDABLE HOUSING IMPLEMENTATION, . VYITH RANKINGS OF APPROVED & PROPOSED PROJECTS AFFORDABLE HOUSING PROJECT RATING SHEET'-1995........................................ :........... 20 PROPOSED PROJECTS RATING ...................................................... ............................... ........... 22 AFFORDABLE HOUSING OBLIGATIONS REPLACEMENT HOUSING REQUIREMENT............................................................................ 24 PRODUCTION HOUSING REQUIREMENT................................................................................ 25 �1TRODUCTION Huntington Beach is a diverse community with households of varied socioeconomic, racial and cultural backgrounds. Providing adequate and affordable housing opportunities for its diverse resident population is both a concern and an obligation of the City. This Housing Strategy is intended to provide direction in responding to the housing needs of all economic segments of the community. Affordable Housing efforts occur -in two Departments: the Economic Development and the Community Development Departments.. The Community Development Department has the responsibility of preparing the City's housing policies and implementation programs through the state -mandated Housing Element. They also review all proposed housing developments and recommends specific conditions to developers to provide affordable housing units in the City. The Department is also preparing an affordable housing ordinance which will outline the specific requirements for housing developments. The Economic Development Department is responsible for the acquisition, construction, and rehabilitation of housing within the City, using set aside Community Development Block Grant (CDBG) and HOME funding. The Affordable Housing Strategy should be considered an annual report -which is reviewed and provides the Council v&ith direction for funding affordable housing projects at budget time. This report compares adopted housing goals rith the state requirements and redevelopment obligations of the City. The report will provide staff and council with a tool which will enable project comparison and lead to effective and objective decisions. The City has a number of documents which direct affordable housing decisions. The Housing EIement, Comprehensive Housing Affordability Strategy (CHAS) and Redevelopment Compliance Report. The City's adopted Housing Element has been certified as in compliance with State Housing Element Law. This report summarizes the City's affordable housing efforts by funding source and offers recommendations and strategies for projects in I995. 1n�C AFFORDABLE HOUSING INCOME GUIDELINES Shows the Increase in the Median Income in Orange County for the Last 5 Years TYPICAL FAMILY SIZE 4 YEAR VERY LOW INCOME 50% LOW INCOME SO% LOWER INCOME* MEDIAN INCOME** MODERATE INCOME 120% Median I 1990 1 24.550 1 39.280 1 35.700 = 49.100 1 58.920 1991 26,100 41,760 38 000 52,200 56,400 1992 26,350 42,160 38,600 52,700 63,240 1993 28,250 45,200 39,700 56,500 67,800 1994 29,400 47,040 39,900 58,800 70,560 ' 1995 29,550 47,280 40 200 59.100 70.920 ' 1 CALIFORNIA MEDIAN FAMILY INCOME IS $46 600 FOR 1995 * National Median Income ** Orange County Median Income *** Source U S Dept Of Housing & Urban Development 2 ]ROUSING NEEDS In order for the City's Housing Element to become certified by the State, the City must identify quantitative objectives based on a regional allocation formula. State Iaw requires jurisdictions to provide for their share of regional housing needs. The Southern California Association of Governments (SCAG) has determined the 1989-1994 needs for the City of Huntington Beach, and has estimated the number of households which the City will be expected to accommodate during this period. These needs were forecast by the 1988 Regional Housing Needs Assessment (ftMA), which considered on a regional and local level: market demand for housing, employment opportunities, availability of suitable sites for public facilities, commuting patterns, We and tenure of housing needs, and housing needs of farm workers. _ According to the 1988 Regional Housing Needs Assessment (RIiNA) forecast, housing to accommodate 6,228 households would need to be added to the City's June 30, 1989 total households by July 1994 to fulfill the City's share of regional housing needs. Based on the distribution of regional income, this total was further divided among four income groups to identify the types of households to be provided for as follows: Vcry Low (0-50%) 984 (15.8%) Low (50-801%) 1,264 (20.3%) Moderate (80-1200/,) 1,370 (22.0%) Upper (Over 120%) 2.610 (4I.9%) Total Households 6,228 (1000/9) County Malian Income* $59.100 *Note: The chart on the previous page shows how the Orange County modian income has increased over the past five years. In addition to the requirements of the Housing Element, the City has accumulated obligations for affordable housing on numerous Redevelopment Proiccas. These obligations have been identified in the Redevelopment Housing Compliance Report. HOUSING SURVEY STATISTICS AS OF JANUARY 26, 1995 18,644 Good* 5,905 Fair* 589 Poor* 0 +\ �;\ \� �'� 2?hu = � _ �2 }b O \ } #hh? 2`h' h \�? ? 'C *10 to 14 Points *15 to 21 Points *22 to 30 Points Good Fair Poor MEDIAN SALES PRICE I SALES VOLUME ZIP CODE Jan 95 % Change from `94 Jan `95 % Change from `94 92646 $220 000 2 3% 42 -22 2% 92647 $178 000 -1 7% 19 -32 1% 92648 $264 000 -6 4% 34 -5 6% 92649 $234 000 0 0% 35 -27 1% Source Orange County Register El IN MUSING SURVEY A third method of determining the City's housing needs can be through a housing quality survey. In 1993, City staff began a drive by survey of single family neighborhoods to attempt to identify the condition of the City's stock. This survey rates the condition of housing as good, fair, or poor based on a number of exterior conditions. The results of this survey have been mapped and clearly identify neighborhoods in need of enhancement. The survey was conducted using a drive -by technique (windshield), the survey assesses the exterior condition of single family homes. To date, staff has surveyed approximately 60% of the single family stock. Items rated on survey include roof; driveway, paint or stucco, landscaping and fencing. Point values were assigned depending on the condition of the property. Upon completion of the single family residential survey, statTwill begin a survey of multi -family housing. There are many additional ways to determine the housing needs of a community. These include vacancy rental rates and rent costs, residential resale activity, jobs/housing balance studies and employment rates. The City Council should corsider all these sources of information in determining the annual affordable housing obligations. k HOUSING ELEMENT GOALS & POLICEES The City's Housing Element adopted in 1999 prioritizes five local housing concerns. The five areas of concern are: 111. Accessibility • Provide housing opportunities for various types of households • Provide housing for persons with special needs 2. Adequate Provision • Provide incentives and assistance for a variety of housing types for different income households 3. Adequate Sites • Designate additional residential areas 4. Preserving Housing and Neighborhoods Encourage maintenance and repair of deteriorated housing S. Preserving Affordability • Place assured affordability covenants on affordable housing units Note: These goals and policies have directed how the City implemented the housing program over the past six years. The adopted Housing EIement identifies numerous programs and a variety of tasks. Many of these programs have been implemented. The housing strategy will attempt to place those programs in perspective and prioritize future affordable housing activities for implementation. 0+ AFFORDABLE HOUSING STRATEGIES - 'Through the implementation of the City's adopted Housing Element, a number of activities have occurred. 'Ile City appointed an Affordable Housing Committee to review policies and make recommendations on new ordinances. An Affordable Housing Ordinance was directed and approved by the Planning Commission and has ban reviewed by the City Council, but has yet to be adopted. The City of Huntington Beach needs to comply with the rcgLL-itions of State Redevelopment Law. A number of residential units were removed to accommodate new redevelopment projects, those units need to be replaced. In addition the Redevelopment Agency assumed the affordable housing obligation of the new redevelopment projects. The Affordable Housing Strategy should balance the redevelopment housing obligations nith housing needs identified in the housing survey in an attempt to achieve the goals of the Housing Element. Remmmendations ( Not in order of priority) 1. Adopt ordinance which encourages and accommodates the production of affordable housing units. 2. Approve affordable housing development agreements with major development companies. 3. Prepare affordable housing monitoring programs, including covenants. h. Conclude City's housing condition survey for multifamily units. 5. Modify zoning regulations to allow for more affordable housing opportunities. 6. Coordinate and contract with private and public organizations to conduct the ministerial functions of the City's Housing Program. 7. Develop specific projects and programs for special needs residents. S. Prioritize affordable housing projects which target tnrniiies of low and very low income. 9. Establish new source of affordable housing funds through the loan program income, projects profits, in -lieu development fees and program loan interest payments. 10. Fxclude financial assistance for new development projects with inclusionary affordable housing requirements. 11. Prioritize the preservation of at -risk existing affordable units to assume long term affordability. I2. Renegotiate the application of affordable housing covenants on projects previously subsidized. 13. Developers within the project areas are to provide affordable housing on site. trat 1. Adopt City's affordable housing ordinance. `rl LOWAND VaERYLOW HOUSING MOGRAMS Currently, there are three main funding sources for affordable housing is Huntington Beach: 1. Redeveio meet Set Aside - 20'/0 of tax in:rement from redevelopment project area is required to be used for affordable housing. This funding source is the Ieast restrictive of the three sources. Income range is from 120% of median income and below. 2. Cotfirnunill Development Block Grant CDBG - a yearly allocation funded by the federal goversunent. These funds are more restrictive than redevelopment set aside. CDBG requires that 70% of all funds expended must benefit persons of 80% median income or less. 3. HOME Funds - is another federally funded program These funds can only be used for affordable housing. This funding has the most restrictions. Program regulations require that 90% of all HOME funds be used to assist households below 60% of median income. The remaining 10% can be used to assist households with incomes of up to 80°!o of median income. 0 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOUSING RELATED PROJECTS AND PROGRAMS SM47 e1 04 A3 +'E (Proposed) REHAB LOANS $300 000 Single Family $117,862 $225 949 $209 829 $18 000 $96 310 Mobile Home $146 240 $113 009 $202 349 $234 460 $78 041 Multi family $70 612 $218 8831 $165 636 $25 000 $0 REHAB GRANTS Single Family $0 $0 $2 000 $0 $0 Mobile Home $0 $0 $2 000 $2 000 $0 Multi Family $0 $0 $0 $0 $0 HOUSING SERVICES Orange County Fair Housing $34 779 $37 000 $36 500 $35 000 $35 000 $35 000 HOUSING COOPERATIVE AGREEMENTS Habitat for Humanity $163 000 Orange Housing Development Corporation $35 000 SPECIAL HOUSING PROJECTS Down Payment Assistance $157 098 TOTAL a ` \ }♦ 60 i 03 \ �94F789 $7-5.412 i��1+\•� \ .�p \ it 10 COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING PROGRAMS ` Community Development Block- Grant (CDBG) has been in existence since 1974. The CDBG program has been the rmjor Federal Urban Development assistance program. T 3 program has received numerous awards of excellence from the Department of HUD. Fe zulatigm 1. Allhousing crust be for lowimodcrate income persons. 2. 71% of all CDBG funding mast be for persons of 80% cr below of median income. . 3. Improvements permitted arc to complete health, safety, structural and energy saving repairs and for enhancement items to improve neighborhoods. Recommendations (Not in order of priority) The following are, different typ= of rehabilitation packages: 1. Deferred Loans, onetime interest loan of 5% for those property owners that are below 50% of median income; repayable when property is sold or title transfer. 2. Amortized 3 % loan for a maximum of I5 years for those abose income is greater than 50% but less than 801/o of median income_ 3. Amortized 6% loan for a maximum of 15 years for those Abose income is greater than 80% but less than 100% of median income. - 4. Amortized 8% loan for a ma-imum of 15 years for those Rose income is greater than 100% but less than 120% of median income. S. 'Ibe persons whose income is greater than 80% of median would only be eligible for loans to repair health and safety deficiencies. 6. Amortized 6% loan for a n=*rnum of 15 years in conjunction A ith a deferred loan of equal amount to improve multi -family units with a requirement of a covenant for kcVing them affordable for 10 years. 7. Place covenants on existing housing for long-term affordability through acquisition and rehab. trat 'es (Not in order of priority) 1. Target rehab efforts in zip code area 92647 (north central portion of the city). 2. Target mobile home residents with minor repair grants for bandy7nan services. 3. Offer special services in areas adjacent to other assisted and affordable housing projects. 4. Provide grants for handicap modifications up to S2,000 per household to make necessary handicapped -oriented changes. 11 MOBILE HOME PARKS IN HUNTINGTON BEACH PARK ADDRESS SPACES OCCUPIED 1 /1 /94 1 Beachview Mobile Home Park 17261 Gothard 82 82 2 Brookfield Manor 9850 Garfield 139 139 3 Cabrillo 21752 PCH 45 45 4 Del Mar Mobile Home Estates 19251 Brookhurst 142 141 5 Driftwood 21462 PCH 157 140 6 Huntington By the Sea 21851 Newland 306 286 7 Huntington Harbour Mobile Estates 16400 Saybrook 130 128 8 Huntington Mobile Estates 7652 Garfield 105 105 9 Huntington Shorecliffs 20701 Beach 304 304 10 Los Amigos Mobile Park 18601 Newland 145 145 11 Manners Point 19350 Ward 98 97 12 Ocean View Estates 7051 Ellis 44 44 13 Pacific Trailer Park 80 Huntington 260 259 14 Rancho Del Rey 16222 Monterey 379 379 15 Rancho Huntington 19361 Brookhurst 193 193 16 Sea Aira Mobile Estates 6301 Warner 230 229 17 Sea Breeze Mobile Estates 5200 Heil 65 63 18 Skandia Mobile Country 16444 Bolsa Chica 167 167 19 Villa Huntington 7850 Slater 125 125 TOTAL SPACES 3 116 3 071 12 MOBILE HOME PARK PROGRAMS The City of Huntington Beach has over 3,000 mobile homes providing the community with a substantial amount of affordable housing. State law mandates that each of these homes and parks be inspected and brought into compliance with current codes. These regulations provide the City with an opportunity to assist the home owner and park owner with necessary repairs in exchange for affordable housing covcnants. Recommendation2 (Not in order of priority) 1. Offer below interest market rate loans for park owners to repair the deficiencies that are found during the park inspection 2. Offer grants to residences of parks up to a maximum S 1,200 grant to do the required repairs as found during park inspection. 3. Offer the same rehab loan program that is offered to owners of single family homes (SFD). Note: The City has given the inspection process back to the state. 13 Huntington Beach HOME Program 2...,.i i�j�'�F }yi }�2 \" ik `kki } i P OJEC i i Y�k7Z�tk ki 2 i ,Q }t+{z� }� 2 Yi � i 2YY �t i kµ _ i i `Q kid\ k j/ {]may k �2N\ k Jff# � k k..... iir Y }Yi "^ 2 � 2 ik k�Y�fiirY���"; Ai k Y Y` A k v YY �.`C 2" .\2. i.} }\.., kiw 2 w ~Y �c t �" k} i`22t� 2 \ Y'k kl�i 2 Y Ywi Yk 22}} i Y k � k 2 �2 YY .ki# �.. i z "r Z`\A`2x} kkii} k'� }22i }2i i >}2; kk i I A `'rt k tt}'2kw \ ,i "#f Y}kY'£ Y�.r't2 # kYi lt'id 9S }A x2 i 2 _ kt 2 �fniAf YY.. 2 }2 M1�tK'ki YSi Y �^^ `k iiY .. k iy; iiiY `� iiitr`� f �� 'ffY�-.} Y.. Y 1. 2 {` Y(( j� Y kl#` AYtrikYi� iZi :2 2 �Y 2 k; k;.Y i`�k ttt Y2}2.. kXk2Y.i }.r i �Y NYC ikt� %Y,f $ 881,000 00 $ 584,000 00 $ 543,000 00 $ 583,000 00 Project Costs 17372 Keelson Lane $ 225,000 00 7812 Barton Drive $ 320,000 00 17382 Keelson Lane $ 247,900 00 $ 97,100 00 17361-71 Koledo Lane` $ 428,500 00 $ 89,500 00 Total Fri eifs i ` i $ 792.�90i3 00 If0 -$ 525,1WO 89,500 00 w 10% Administration $ 88,100 00 $ 58,400 00 $ 54,300 00 $ 58,300 00 Total Administration $ 88,100.00 58,40QX0 54,800 00 x $ = 58,300.00 FUND BALANCE i i $ i $ 399,200 00 ,s 524s7'00- * Not Approved by Council as of 3/21195 Note A minimum of 15% of funds in a given year must be awarded to special housing nonprofits known as Community Housing Devleopment Organizations ("CHDOS7 14 HOME INVESTMENT PARTNERSHIP PROGRAM The National Affordable Housing Act of 1990 ("NAHA") established the HOME Program as a means of expanding and preserving affordable housing for low and very low income households. Eligible categories of programs include: housing rehabilitation, acquisition, new construction, rental assistance and first-time home buyer assistance programs. Huntington Beach receives a formula allocation, the amount of*hich is determined much like the CiVs CDBG entitlement 1. A minimum of 15 % ofHOME funds must be am rded to special housing nonprofits known as Community Housing Development Organizations CCIDOs"). 2. In order for a nonprofit to be recognized as a CI DO, it must conform to an extremely rigid set of guidelines governing bylaws and articles of incorporation, and flake -up of the governing board (a third of who must be low income). The CHDO must have a history of serving the community. . 3. The City has established a quality working relationship with two housing nonprofits in Orange County that qualify as CHDO's: Orange County Community Housing Corporation (OCCHC), based in Santa Ana, and Shelter for the Homeless, which is based in Westminster. Beginning with the expenditure of Fiscal Year 1993 HOME funds, a 25% matching fund requirement goes into effect. The match must come from non-federal sources. Redevelopment housing funds that have been committed to certain other affordable housing projects will be used for the match requirement. ecommendati n (Not in order of priority) Staff recommends that HOME funds be used in the following manner. 1. Facilitate the acquisition of multi -family housing projects in need of rehabilitation. 2. Develop partnerships with CHDO`s and other nonprofit housing developers. Secure partial financing commitments from conventional lenders. - I. Provide gap financing for nonprofit housing partners with secured partial financing commitments from conventional lenders. trate 'es (Not in order of priority) 1. Target the Oakview and Main Pier Redevelopment Project Areas. 2. Offer deferred payment loans for 30 years with repayment of the principal equal to CPI. 15 HUNTINGTON BEACH REDEVELOPMENT SET A —SIDE .00 INCOME Tax Increment $ 871 076 00 $ 891 ,415 00 $ 914 291 00 Interest Income Five Points Senior Villas $ 9 500 00 $ 38 000 00 $ 38 000 00 Loan Interest Income In Lieu Fee Affordable Housing $ 50 000 00 Fees Collected Return of Mora Kai Pledge $ 385 563 00 $ 385 563 00 Expenses Operating Expenses $ 123 677 00 $ 129 861 00 $ 136 354 00 Administrative Costs $ 60 699 00 $ 63 734 00 $ 66 921 00 Legal Services $ 2010000 $ 30 100 00 $ 30 100 00 Administrative Costs $ 3 790 00 $ 7 790 00 $ 7 790 00 Projects Mora Kai (Pledge) $ 385 563 00 $ 385 563 00 $ 385 563 00 Five Points $ 100 000 00 $ 100 000 00 $ 100 000 00 725 Utica $ 450 000 00 Pacific Paris Villas $ 300 000 00 $ 450 000 00 Bnsas Del Mar $ 243 717 00 ERAF $ 13914200 MCC $ 30 000 00 $ 30 000 00 $ 30 000 00 Emerald Cove $ 80 000 00 $ 80 000 00 $ 80 000 00 Third Block West $ 825 000 00 TOTAL PROJECT EXPENSES $ �'I `2 *4221�1� �...♦ 7E#a,�,#�E2 �`��� ��;�95,s��.1 FUND BALANCE � ♦ ` g�� ,W fills ;00 alk 2 W � � 7599 16 REDEWT—OPMENT SET ASIDE FUNDS Redevelopment law requires redevelopment agencies to reserve twenty percent of the tax increment collected annually for the ,irposc of affordable housing. For some years redevelopment agencies have been acquired to provide fiRcca percent of the • omits in a completed project area as "affordable". Recently, Iegislation aas approved and incorporated into the Health and Safety Code that requires redevelopment agencies to provide a plan through which these housing obligations can be achinTd. This plan is to be updated c' cry five years in romjunction with the jurisdiction's housing element. Jtcgnlations 1. 30% of all new housing or rehabilitation housing units developed by the redevelopnxmt agency must be available at affordable housing costs to low and moderate income households, 50% of which must be available at affordable housing cost to very low income households. 2. 151104 ofall new or rehabilitation housing units developed within a project area by entities or persons other than the Agency, must be available at affordable cost to low and mod=tc income households, 40% of which must be available at affordable housing cost to very low income households. 3. Units rchabditatedr developed or constructed in compliance with the Housing Requirements must remain affordable to each respective income level for the longest feasible time. 4. The agcmcy is to adopt a housing compliance plan for each proixt area to ensure compliance with the implementation plan requirement every S years- ' s The housing compliance plan is to be submitted to the state of California Department of Housing and Community Dv elopment. LRtcomrrendatiM (Not in order of priority) 1. Comply with state law by providing all nemsary replacement housing units within the requimed four years of the units' removal and assuring 15% production units requirements every ten years. 2. Rehabilitate and covenant existing units city wide to maintain affordability and to receive the most affordable units for the r.�onies expended. 3. Focus efforts and expenditure of funds on the provision of housing for low and very low income households on a city .,vide basis or within project areas when economically feasible. S tratc cs (Not in order of priority) 1. Pro-- ide replacement and production housing inside project area. 2. Rehab units outside project area only if cost of provision of units is at least 1/3 of comparable units provided inside project area. 3. Pro% ide production units outside project area only if cost is 1/2 or Iess of comparable units within project area. 4. Match housing t}pcIincome to job generation. 17 AFFORDABLE HOUSING PROJECTS COMPLETED NOPROJECT-NANOV Am Koledo Lane Prqject: 16 Wh f=�H Buildings 80 Amberleaf 19 Multifamily Buildings 76 Mulffamfly CityWide 121 Sin g!eEn�dRehab 2!y Wide 559' Mobile Home Rehab gi RWide 107 Huntington Was 5 Points Senior housing 48 Emerald Cove Senior Housing 164 m Sea View Multifamily 25 17372 Keelson Multifarddy 4 Breakers Mulfifmay- 68 Utica Ave MulffarnHy 36 313 1 Ith MultifarnHy 9 Brisas Del Mar MulKaznHy 44 7812 Barton MultifarrMy 4 17382 Keelson mulgmuy 4 m Affordable Housing Implementation, with Rankings of Approved and Proposed Projects { UT 19 -9:xx i R6je s UvistOr1 �orda�I�H�in�Pro��fRa�ngS` 1995 InW:9 requests for financial assistance for affordable housing projects will be evaluated on the following point system: e Proieet Loc2tion-- Priority arras will be established wwually by the Oty Coto cil. thepo W system In this section may cbmige accordingly Redevelopment project area IRM enhancement area Arta demand on city services / Low, medium, or high JaI�Z:�Q r(��G•~�i�� . City housing surety area rated "Poor" Pro iect Profile (Acquisition of Existing Projects) BIdg. conforms to all applicable building codes Zoned for residential use Zoning compatible with surrounding uses Adequate open space Meets required puldng Rousehold Income Served Number of units & % of project reserved for low or very low income persons I00% of units for very low - 10 pts. 50% of units for low Q 5 pts. 20 20 10 5 5 ' 5 5 5 5 5 10 Rating Sheet, Cont. Number of units and % of project resmrd for special needs groups (e g. seniors) I00% of units for special needs 10 pts. 50% of units for special needs 5 pts. Number of units and % of project serval for large families (3+ bedrooms) SO% of units (3+bedrooms) e 5 pts. e�tlo er Pmfiie Nonprofit housing developer For -profit developer Lone -Term Affordability Controls Length of Affordability* 30+ 20-30 years 15-20 years 5-15 years City Cost for Emieci Loan of Less than 525,000 per unit Grant of Less than $25,000 per unit Loan of Less than $50.000 per unit �Cunt of than S50,000 per unit G TOTAL POSSIBLE POim: 10 5 10 5 10 7 5 a 10 7 5 2 140 * Dependent upon the source of funds, the full 25 points wdll be awarded for projects with thirty or more years of affordability Note: •Additional consideration will be given to projects based on average unit size, cost, overall density of the project, as well as the cost of rehabilitation and other related aTenses t4 minimum nf50 points is required for anyproject to merit further consideration 21 R I PROPOSED PROJECTS RATING PROJECTS BCO, �,n V--'��, ST .,CDBG� T--JjOME�� q 5, ASIDE �%,�;,- MCOUNCILIAGENCY�K R 2 ... M1, ::... :,: K lLLACT I ONE N, R.A -,�,,-*=MMENTS:"�!-- —0 ---- -- - --- x� R RATING" - 1W 1 17361 Koledo $ 335,000 $ 335,000 Verbal Comm Itmert OCCHC h Escrow 93FUNDS 115 2 17371 Koledo $ 300,000 $ 300,000 Verbal Cmvnbrmt 123,500 93 FUNDS 170,500 94 FUNDS 115 3 Mora Kal $ 400,000 $ 400.000 Loan Agreement Bond ClosaVMar. 3%1g% 70 4 Yorktown -Lake $ 1,000,000 S 1,000,000 Purchase Agrmnerd Proposed S&-Jw Pro)ed 100 5 611 6th Street: $ 575.000 $ 300,000 $ 275.000 $ ? County HOME Furls Wlhdrew 40 6 Habitat for Humanity $ 163.000 $ 163.000 To Pay for City Owned Land NegodWon 80 7 Orange Hag, Dev. Corp. $ 30.000 $ 30.000 No Projed CAB No Rating 8 Hurt Harbor Owners S 15.000 s 15,000 DhicUm fmm cam a to proceed FM Step of Process No Rating TOTALS $8,020,500- 4793,000.�- -42,090,0W ',-$5;137,600,,1, --v Affordable Housing Obligations 23 Replacement Housing Requirement Replacement Removed Requirement Alain P4er Demonstration Block 18 14 Main Promenade 33 33 Main -Pier II 18 18 Pierside/Piercolony 27 24 Third Block West 19 19 Town Square 5 3 Waterfront 104 92 Sayshore 1 1 Huntington Center Huntington Center Area 1 1 Cakvlew Zizakus 6 5 Talbert -Beach Seaview - formerly "Collins/Zweiber 3 2 Yorktown -Lake 0 0 Outside Project Areas Ocean View Estates/Mushroom Farm 1 1 Total 236 213 Units Produced for Replacement Housing 263 Surplus 50 24 Production Housing Requirement Affordable Units Affordable Units Affordable Units PROJECT UNITS Required Provided Deficit 15% of Produced Main -Pier Huntington Pier Colony/1990 130 20 0 20 Town Square11989 89 14 0 14 Huntington Bay Shore/1988 159 24 0 24 Villas Del Marti 988 64 10 0 10 Huntington Breakers/1986 (Bond) tco--ne.gr. tW9l 342 52 68 16 Subtotals 784 120 68 52 oakvlew Ash Street Projects/1985-89 20 3 0 3 Cypress Avenue 3 1 0 1 Elm Street Projects/1985 30 5 0 5 Koiedo Lane/1984 16 3 0 3 Subtotals 69 12 0 12 Talbert -Beach Windward Cove1986 96 15 0 15 Capewoods/1985 55 9 0 9 Emerald Covell 986 (Agency) - so unw we courted 10,ards replacement tequ.emane 164 50 74 24 Pacific Park VAlas/1994 (Project In poyrcak 38 units completed) 88 14 25 11 Subtotal 403 88 99 -11 Yorldown-Lake Huntington Classtcs/1990-94 81 13 0 13 Subtotal 81 13 0 13 TOTAL 1337 233 167 66 25 V ATTACHMENT NO. 11 CN FILE WITH CITY CLERK ATTACHMENT NO. 12 V CouncillAgency Meeting Held: Deferred/Continued to: O Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: June 5, 1995 Department ID Number. 95-19 CITY OF HUNTINGTON BEACH REQUEST FOR REDEVELOPMENT AGENCY ACTION SUBMITTED TO: Honorable Chairman and Redevelopment Agency Members SUBMITTED BY: Michael T. Uberuaga, Executive Director PREPARED BY: Ray Silver, Assistant City Administrator/Acting Director of Economic Development SUBJECT: .._Determination of Agency Financial Ability to Perform Obligations Under Coultrup Companies et at. Disposition and Development Agreement (Main Pier Redevelopment Project Area) Statement of Issue, Funding Source. Recommended Action. Alternative Action. Analysis. Environmental Status, Attactunentls) Statement: of Issue: On July 6, 1993, the Redevelopment Agency and Coultrup Companies et. al., entered into a Disposition and Development Agreement (DDA). Section 210 of the DDA states: The Agency shall determine, in its sole and absolute discretion, within 30 days of the approval of the Downtown Specific Plan by the Coastal Commission, that the Agency has sufficient funds available to complete all its obligations under this agreement.' The 30-day deadline ends June 10, 1995. Funding Source: N/A Recommended Action: Motion to: Make a determination that the Agency does not have sufficient funds available to complete all of its obligations under the Disposition and Development Agreement. Direct staff to return with the follow-up action required to terminate the Disposition and Development Agreement. Alternative Action(s): 1. a) Waive Condition (xi) of Section 210 of the DDA which requires the Agency to determine the financial feasibility of the project. b) Direct staff to identify possible non Agency funding sources to comply with the Affordable Housing requirement in Section 202 (14.) of the DDA by using HOME funds allocated to the city for fiscal year 1994/95 and fiscal year 1995/96 to provide the 12 affordable units. REQUEST FOR REDEVELOPMENT AGENCY �610N MEETING DATE: June 5,1995 DEPARTMENT ID NUMBER: 95-19 Analysis: Background: On July 6, 1993, the Redevelopment Agency entered into a Disposition and Development Agreement (DDA -Attachment 1) with the Coultrup Companies, Birtcher Real Estate Limited and the Main -Pier Property Owners. The DDA outlines the terms for the development of the Main -Pier Phase II/Coultrup project, consisting of 80 condominium units and 40,000 square feet of retaif/restaurant/office space. The project site is located in the two blocks bordered by Main and Sixth streets, Pacific Coast Highway, and Walnut Avenue. On July 6, 1993, the City Council also approved the project's building entitlements on appeal from the Planning Commission (Attachment 2). The entitlements were subsequently appealed to the California Coastal Commission for review and reconsideration. On April 12, 1995, the Coastal Commission considered the appeal and found substantial issues existed. The Coastal Commission then continued action on the item, tentatively scheduled to be considered at its meeting of June 13-16, 1995. The issues to be reviewed are strictly land use issues, and are not affected by the Agency's financial determination. Section 210 of the DDA states: The Agency shall determine, in its sole and absolute discretion, within thirty (30) days of the approval of the Downtown Specific Plan by the Coastal Commission, that the Agency has sufficient funds available to complete all its obligations under this Agreement." The Downtown Specific Plan/Master Parking Plan was first considered by the Coastal Commission on March 15, 1995, and the Plan was approved with minor modifications. The City Council formally accepted those modifications on April 17, 1995, and final approvals by the Coastal Commission on the Downtown Specific Plan were received on May 10, 1995. Therefore, the Agency is required to make its financial determination by June 10, 1995. Jon T. Coultrup, Coultrup Companies, in a letter dated May 9, 1995, (Attachment No. 12), requested the Agency to remove the condition of the financial feasibility in the Disposition and Development Agreement. He also requested that the June 10, 1995 date to make the financial feasibility determination, be extended to June 19, 1995. Financial Issues* W. Staff presented its initial cash flow analysis of the Agency's remaining DDA financial obligations to the economic Development Committee on _February 3, 1995. That analysis portrayed a potential positive cash flow of approximately $181,000 . Further analysis resulted in the revision of both costs and revenues. RAA95-19.DOC -2- 05/31195 3:59 Phi REQUEST FOR REDEVELOPMENT AGENCY ICCTION MEETING DATE: June 5,1995 DEPARTMENT ID NUMBER: 95-19 The offsite improvement cost initially considered at an estimated $100,000 was based on estimates prepared prior to the approval of the final project design. The revised estimate came in significantly higher at $585,000. Construction of a new Terry Buick Parking lot alone came in at $120,000 including decorative paving. The majority of the increase is due to the demolition and reconstruction of streets adjacent to the project (Main, 5th, Walnut and PCH). These revisions to the offsites and the cleanup reimbursement turned the projected $181,000 surplus into in an Agency cash flow deficit of $54,000. In 1994, the Agency purchased the SarrabereMood/Goodman property at $1,085,000 which was paid out of the Main -Pier Redevelopment Project Area. The Report 33433 estimated the cost at $630,000. —The cash flow analysis for Main -Pier Project Area (Attachment No. 6), projects a zero balance for the end of fiscal year 1994/95. The cash flow analysis for the Low -Income Housing Fund, including a projected affordable housing cost of $1,334,500, would result in a negative balance of $1,055,185 at the end of fiscal year 1994/95. As shown in Attachment No. 7, the Main -Pier Area has no cash surplus; in fact, the Huntington Center Project Area (Attachment No. 8) is contributing $360,184 for repayment of City debt in 1994/95 for the Main -Pier Redevelopment Project Area, and $428,407 for payment of the Main -Pier Housing set aside obligation for fiscal year 1994/95. It is projected to continue paying this obligation in the years to come. Site Remediation Staff has been notified that the Agency's applicaticn had been approved by the State's UST (Underground Storage Tank) Fund Program for reimbursement of monies expended by the Agency offsite remediation for the Main -Pier Phase II site. The fund allows reimbursements up to $990,000. and currently, staff has requested approximately $250,000. The letter of commitment is on hold pending the Governor's signing of the 1995/96 budget. Our Claim Reviewer estimated we would receive the first reimbursement in August if all goes according to schedule (Attachment No. 4). Section 209 of the DDA (Attachment No. 6) provides for the Agency to pay up to $200,000 for site remediation. In the fiscal year 1994/95 budget, $250.000 is appropriated for site remediation. Affordable Housing Section 202 of the DDA obligated the Agency to fulfill the project's affordable housing requirement of 12 units. This cost was not included in the preliminary cash flow analysis in February, 1995. Attachment No. 3 represents the analysis, including the affordable housing requirement. Historically, the Agency has incurred this obligation and attempted to expend its 20% Set Aside Funds to provide the required units as the funds become available. As RAA9549.DOC -3- 05/31195 3:59 PM REQUEST FOR REDEVELOPMENT AGENCY ACTION MEETING DATE: June 5,1995 DEPARTMENT ID NUMBER: 95-19 shown on Attachment 9, there are no uncommitted Housing Set Aside Funds; in fact, the Huntington Center Redevelopment Project Area is contributing $428,407 each year to pay the amount due each year by the Main -Pier Redevelopment Project Area. Section [202114. of the DDA states: 7%gency shall provide replacement housing units as required by law and shall assure that a minimum of 12 units of affordable housing are provided consistent with Community Redevelopment Law. Agency shall have the right to designate twelve units as affordable to low and moderate use pursuant to the guidelines of the City's requirement. Such designation shall not effect the market price of the unit to the Developer as the Agency's low to moderate housing funds shall be utilized to make the unit affordable to the designated eligible family or individual.' Condition of Approval (for C.U.P. No. 92-17) No. 9.g. reads as follows: Prior to issuance of building permits for the construction of the residential portion, Developer shall provide the City with an Affordable Housing program to be approved by the Director of Community Development and in accordance with provisions of the City's adopted Housing Element and Redevelopment Law. The affordable housing program shall provide for the development of not less that 12 residential units which will be available at affordable housing costs to persons and households of low and moderate income, with not less than five of those units available at affordable housing costeto Very low income'households as defined by the Department of Housing and Urban Development (H.U.D.). The affordable housing program shall identify housing proposals, locations and implementation strategies for the development of new residential units designed for families of low and moderate income. The developer shall provide affordable housing within the residential portion of the site or provide affordable housing offsite. if all or a portion of the affordable housing is to be provided offsite, one or more of the following must occur prior to the issuance of building permits of the construction of residential phase of Main -Pier Phase II. 1. Control of an offsite location acceptable to the City. 2. City approval of a development plan for an offsite location. 3. Prior to issuance of building permits, the applicant shall identify a location for the replacement of units lost through demolition. Said plan shall comply with Section 33413.5 of California Community Development Law. All units must be replaced within four years of approval of this Conditional Use Permit.' On July 19, 1993, the Agency reviewed a Main -Pier Phase IIICoultrup Affordable Housing Plan (Attachment No. 5). The recommended Plan required the Agency to provide a subsidy to future buyers for seven moderate -income units onsite, and that five very -low-income rental units be developed offsite in the future. The estimated costs were as follows: RAA95-19ACC -4- 05/31/95 3:59 PM REQUEST FOR REDEVELOPMENT AGENCY A'I�iION MEETING DATE: June 5, 1995 DEPARTMENT ID NUMBER: 95-19 Subsidy AmtJUnit Sales Price _Sales Prices (max.) Affordable Unit 8% 1st TD $ 220,000 $159,000 Moderate Income $ 61,000 220,000 38,500 Very Low Income 181,500 Total Subsidy Required: 7 Moderate x $ 61,000 - $ 427.000 (If all twelve (12) are 5 Very Low x 181,500 = 907,500 provided on -site) Total: $ 1,334.500 This plan was denied by the Redevelopment Agency at their July 19,1993 meeting. Staff is not recommending the use of H.O.M.E. funds to provide the 12 affordable housing units required for this project. Presently, these funds are anticipated to be used to further. meet the Production Housing deficit of 66 units required under Redevelopment Law (Attachment No. 13) that occurred since the establishment of Redevelopment. Of the 66 units, 52 are in the Main -Pier Redevelopment Project Area. Economy: The recession of the early 1990's led to a substantial down turn in the California real estate market which is still lingering. Reassessment of property values has led to a decline in the amount of tax increment generated in the City's Main -Pier Redevelopment Project Area. Agency's revenues have experienced further decline due to the Orange County bankruptcy on December 6, 1994. This resulted in a 20% decline in the Agency's fund balance in each of the project areas, and the low-income housing fund. Environmental Status: N/A Attachment(s): 2. .... . i . 3. DDA Staff Report Dated July 6, 1993 Entitlement Staff Report Dated July 6, 1993 Main -Pier Phase II/Coultrup DDA Cash Flow Analysis RAA95-19.DOC - - 05131/95 4:05 PM REQUEST FOR DEVELOPMENT AGENCY'X6TION MEETING DATE: June 5,1995 DEPARTMENT ID NUMBER: 95-19 4. UST Cleanup Fund Program Memo Dated May 26. 1995 5. Housing Plan Staff Report Dated July 5,1993 6. Section 209 of DDA Site Remediation 7. Agency Cash Flow Analysis Main -Pier Project Area 8. Agency Cash Flow Analysis Huntington Center 9. Agency Cash Flow Analysis Main -Pier Low Income Housing 10. Affordable Housing Strategy RCA 11. Disposition and Development Agreement (on file in City Clerk's office) 12. Letter from .ion T. Coultrup, dated May 9, 1995 RAA95-19.DOC -6- 05/31/95 4:03 PM ATTACHMENT NO. 1 ATTACHMENT #Z REQUESTER CITY COUNCIL A( jIONI REDEVELOPMENT AGENCY ACTION APPROVED BY CITY COUNCI 19v. cnY ED 93 21 Date JOY 4993 Submitted to: honorable hlayorlChairman & City Council/Redevelopment Agency Submitted by: Michael T. Uberuagn, City Administrator/Executive Director Prepared by: Barbara. A. Kaiser, Redevelopment Director" Subject: Disposition and Development Agreement between CouItrup Companies & Birtcher Real Estate Limited and the Redevelopment Agency of the City of Huntington Beach/Main-Pier Redevelopment Project Area Consistent with Council Policy? M Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments STATEMENT OF ISSUE: Since July 15, 1991, the Redevelopment Agency staff has been in negotiations with the Coultrup Companies for development of a condominium project and 40,000 sf commercial/retaiUrestaurant project located at Main Street, Pacific Coast Highway, Walnut Avenue, and Sixth Street. A Disposition and Development Agreement (DDA) has been executed by Coultrup Companies, Birtcher Real Estate Limited and the Main - Pier Property Owners to implement this proposed project. BECS?N�1fE�VDED C• OUNCILLGENCY1IOl�: 1) Conduct a joint public hearing on the Disposition and Development Agreement; 2) Adopt City Council Resolution No. 6429, and Redevelopment Agency No. 240; 3) Approve the reallocation of $350,000 to be used for payment to Coultrup Companies in compliance with the terms of the DDA. ($200,000 upon DDA approval, $150,000 if Downtown Master Parking Plan denied);. 4) Direct the City Attorney to prepare a waiver and Release of Claims to be executed by Coultrup Companies prior to release of the $200,000, but not later than 30 days after approval of the DDA. D001 � % W AIX I : The Redevelopment Agency has been attempting to develop a feasible plan for the redevelopment of these two blocks for the last 8+ years. Extensive negotiations with two different developers and the remaining property owners ended without success. The Agency's last attempt began with the issuance of a Request for Proposals in the fall of 1990. The RFP included an Owner Participation requirement, therefore, only submittals including the participation of one or more existing property owners would be eligible for consideration. In July of 1991, the Agency entered into a 120-day Exclusive Negotiation Agreement (ENA) with Coultrup Development Company and six of the Phase 11 property owners for the purpose of negotiating a Disposition and Development Agreement (DDA). Although the formal ENA expired in November of 1991, the Agency directed staff to continue good faith negotiations, as long as progress towards culminating an agreement was being made. The Coultmp Companies, Birtcher Real Estate Limited, the Property Owners, and staff have agreed to all the terms in the attached DDA. The Coultrup Companies and the property owners have entered into a General Partnership Agreement for the development of Block 104 (Attachment No. 11 to the DDA). The DDA calls for the proposed project consisting of approximately 40,000 sf of visitor -serving commercial space, including a mix of retail, restaurant, and offices. All of this visitor -serving commercial space will be located on Block 104 (bordered by Main & Sth streets, Pacific Coast Highway, and Walnut Avenue). Approximately 20,000 sf will be housed in a new two-story structure with 100 linear feet of storefront along Main Street. The remaining, approximate 20,000 sf will be located on Pacific Coast Highway in a three-story structure, with 90 linear feet of frontage. The residential element of the project is located in Block 105 (bordered by 5th & 6th streets, Pacific Coast Highway, and Walnut Avenue), directly northwest and adjacent to the visitor -serving commercial. The 80 condominiums will consist of various floor plans to include 34 one bedrooms, and 46 two bedrooms, ranging in size from 838 sf - 1,290 sf. The average projected sales price is $248,000, with most units having ocean views. The residential component not only enhances the economics of the project, the influx of new residents downtown will provide much needed patronage to the shops and restaurants in the off-peak season. De_v_eloperLrrtnership_Obligations 1) Property Acquisition: Purchase Agency parcels for a total of $1,800,000 on Block 105. Exchange one parcel on Block 105 for one parcel on Block 104, with the Agency to pay an additional $99,000 to compensate the property owner. kwd 2) Project Description: Develop a mixed -use project with approximately 40,000 sf in two commercial/office complexes along Main Street & PCH, an 80-unit condominium project on Block 105, and related parking, as entitlements specify. 3) Financing: Coultrup/Birtcher to provide financing for development, acquisition, and construction of Block 105. The property owners are responsible for providing financing for development and construction of Block 104. 4) Public Improvements: Developer to construct and pay for all offshe and onsite improvements for Block 105, with the exception of curb, gutter, and sidewalk adjacent to the Worthy parcel. 5) Hazardous Materials: Developer will bear the cost of its own investigation and cleanup of parcels it owns. Developer may terminate if cleanup costs exceed $125,000. 6) Property Owner Business Expenses: Partnership is responsible for allocating $380,000 provided by the Agency to individual property owners for the purpose of covering any and all relocation, down time, and potential goodwill costs. 7) Equity Sharing: Developer will share 50% of residential sales revenues received above agreed upon threshold with the Agency (10% equity return, $3.2 million profit on sales). 8) Demolition: The partnership shall have demolished the existing commercial structures on Block 104 at their cost (except the Lane parcel) prior to transfer of the Agency and third -party parcels, and prior to the start of construction of the condominiums on Block 105. 9) Partnership: Partnership documents between the property owners and Coultrup Companies have been executed. Such documents define the relationship and responsibilities between the property owners and Coultrup Companies. 10) Guaranty: If the project is terminated because of the inability to finance Block 104 andlor Block 105, Coultrup Companies will return to the Agency $200,000 initially provided at the time of DDA approval. This provision is backed by an unsecured Coultrup Companies guaranty. 3 Redevelopment Agency Obliention5: 1) Property Disposition: Agency to sell its parcel, (including Wimpi's parcel) if acquired, to the developer for $1,800,000. 2) Public Improvements: The Agency is to construct, or cause construction of, all offsite public improvements for BIock 104, as well as those curb, gutter, and sidewalk improvements adjacent to the Worthy parcel in Block 105 (estimated at $100,000). 3) Hazardous Materials: The Agency is required to bear the cost of investigation and cleanup of any hazardous materials located on property currently owned before sale of the site, and up to $100,000 on parcels to be acquired. After disposition, the Agency is responsible to the extent of $200,000 for any supplemental cleanup worked required on its property, with the right to terminate if costs exceed $200,(M. 4) Development Fees: The Agency is responsible for paying to the city any increase in development fees for a period of 10 months, after California Coastal Commission approval of the Downtown Specific Plan/Downtown Master Parking Plan (estimated at $200,000). 5) Business Expenses: The Agency is obligated to pay the partnership $380,000 to cover any and all relocation, down time, and potential. goodwill costs, plus actual cost of relocating non -property owner commercial tenants (including Wimpi's, if acquired), and all residential tenants (estimated at $250,000). 6) Parking: Downtown Master Parking Plan to be approved by the City Council and Coastal Commission. Agreement will terminate if Plan is not approved. 7) Eminent Domain: The Agency agrees to consider use of its eminent domain authority to purchase the Wimpi's site at its own expense, if necessary. Further, the Agency agrees to consider use of eminent domain for any partnership property owners' property that drops out of the deal, at the expense of the partnership. 8) Affordable housing: Agency to assume responsibility for complying with the affordable housing requirements under Redevelopment Law. The Agency adopted the Replacement Housing Plan on July 20, 1992. The Affordable Housing Plan is scheduled for City Council action on July 6, 1993. 9) Reimbursement: Agency to provide developer with $200,000 upon execution of the DDA. Agency to provide Coultrup Companies an additional $150,000, if agreement terminated due to failure to obtain Downtown Master Parking Plan approval. I,1 10) Financing: Agency to provide a maximum interest subsidy to the property owners not to exceed $490,000 to be negotiated directly with the lender, providing permanent financing for Block 104 only. 11) New Construction/Rehabilitation: Building shall be of new construction, with exception that Agency shall consider requests for individual reconstruction for the buildings owned by Mulligan, Draper, and Alfonso. The Agency, at its discretion, will determine if the buildings are to be reconstructed, rather than built new. Public Benefits of the Proposed Project: 1) The DDA furthers the objectives of the Community Redevelopment Law, and implements the Redevelopment Plan for the Main -Pier Redevelopment Project Area. 2) The DDA provides for removal of blight and upgrade of two city blocks with new development which will provide new property tax and sales tax revenues and new employment opportunities. 3) The proposed project is the most cost-effective proposal submitted to the Agency since redevelopment of the area was first proposed in 1984. 4) The project has tentative commitments for construction financing to complete both the commercial and residential portions of the project. 5) The development team of Birtcher and Coultrup are experienced in the development of mixed -use projects of the scope and magnitude as contemplated in the agreement. 6) The DDA provides maximum opportunity for owner participation, and minimizes the extent of property acquisition required to implement the project. 7) Development of the site completes the entryway to the downtown retail corridor, and complements the city's investment in a new pier structure, Pierside Pavilion, Pier Colony, Main Promenade parking structure, second block rehabilitation, and other redevelopment projects. 8) The project provides for the comprehensive development of the site under one master developer and one construction company. 5 Redevelopment Analysis: (Main -Pier Redevelopment Plan) The general objective of the Main -Pier Project Area is to improve, upgrade, and revitalize those areas which have become blighted because of deterioration, disuse, economic, physical, and social maladjustments. The Coultrup/Birtcher project, as proposed, meets the following objectives as defined in the Redevelopment Plan. 1) Eliminates blighting influences, including deteriorating buildings, incompatible and uneconomic land uses, inadequate public improvements, obsolete structures, and other physical, economic, and social deficiencies; improves the overall appearance of streets, parking areas and other facilities, public and private, and assures that all buildings are safe for persons to occupy. 2) Encourages existing owners, businesses and tenants within the Project Area to participate in redevelopment activities. 3) Provides adequate parcels and required public improvements so as to encourage new construction by private enterprise, thereby providing the city of Huntington Beach with an improved economic base. 4) Provides adequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopment. 5) Provides construction and employment opportunities in the development of these facilities, and provides employment opportunities in the operation of the proposed commercial facilities. 6) Provides for relocation assistance and benefits to Project Area residents and commercial tenants which may be displaced. Removal of Blight/Improvement of Tax Base: The two blocks located along Main Street and Pacific Coast Highway remain the two most dilapidated blocks within the downtown area. The properties include vacant lots, closed storefronts, seismically unsafe buildings, under-utilized properties, and inadequate public improvements. The project, as proposed by Coultrup/Birtcher, would provide for removal of these blighting influences and construction of new residential, office, and commercial uses consistent with the Redevelopment Plan for the area. The project would also complement the recently completed Pierside Pavilion and Pier Colony complex located directly adjacent to the southeast. Construction of new building swill provide an increased property and sales tax base for the city, and lead to an increase in City and Agency revenue. In addition, new 6 employment opportunities will be created in both construction of the facilities and long- term employment benefits in the commercial establishments. Economic Analysis: A Section 33433 Report has been completed and submitted by the Agency's economic advisors, Keyser Marston Associates, Inc., in conjunction with completion of the Disposition and Development Agreement (see attachment). Currently, Agency investment in land acquisition, relocation, and hazardous materials Remediation, stands at approximately $4,518,000. Additional land acquisition is estimated at $729,000. Costs for relocation, hazardous materials remediation, public improvements, and city fees total approximately $1,230,000, In addition, Block 105 predevelopment cost advance to Coultrup Companies is $200,000. The Agency's total investment will, therefore, be approximately $6,677,000. In addition, the Agency has contingent liability for an interest subsidy of $490,000 to the lender for the commercial properties, or $150,000 to Coultrup Companies if the Downtown Master Parking Plan is not approved. The Agency's contribution will be reduced by the developer's payment of $1,800,000 for the land, and tax increment revenues of approximately $1.7 million. In addition, the $200,000 payment to Coultrup Companies paid upon execution of the DDA will be repaid to the Agency. Therefore, the Agency's net investment is approximately $3.6 million. This may be further reduced by any Agency participation in the sales proceeds of the condominium units. The Agency's participation does not include any affordable housing set aside funds that may be allocated to meet this requirement of the project. The project will not proceed if a parking facility is required to be built. In that case, the developer will be entitled to $350,000 in reimbursement only. If the project were to proceed as planned, the following costs would be realized: Project Costs: Spent to Date Land, Relocation, Toxics $ 4,518,000 Additional Land Costs 30.000 $ 5,148,000 1Y Additional Costs $ 2,019,000 Developer Land Payment-1,800,000 Developer Reimbursement 200,000 $ 19,000 The Redevelopment Agency maintains the right to terminate the DDA if, within 30 days after the approval of the Downtown Master Parking PIan, the Agency at its discretion, determines it does not have sufficient funds to complete its obligations under the DDA. 7 The target market for the residential units of the project remains at approximately $248,000, which does well in sales throughout the city. Units with prices at $300,000 and above have been slow in selling along the Huntington Beach coastline. As a comparison to this Coultrup/Birtcher proposal, the previous proposal in negotiations with Griffin/Related Properties was identified as "Plan B-3." After analyzing the cost of the "Plan B- 3," it was determined that the cost of owner participation for this approach would not be feasible. The analysis performed by an independent economic consulting firm (Keyser Marston) indicated that over the Iife of the project, the cost benefit of this approach to the Agency, net of all returns, was an approximate loss of $16 million. Financing Commitment: The owner participants are currently negotiating with Liberty National Bank to provide Small Business Administration (SBA) loans for construction financing for the commercial storefronts along Main Street. Owners of property along Pacific Coast Highway will most likely be financed directly by the lender since they do not meet the minimum owner occupancy standards of SBA. According to bank representatives, they are optimistic that financing arrangements will be completed. Coultrup has brought in Birtcher Real Estate Limited as general partners to replace the KN Group. Birtcher is interested in Huntington Beach for a number of reasons. Their corporate objectives include expansion into the residential area of development. They see a potential in Huntington Beach for developing a number of mixed -use projects in prime locations along the coastline. Birtcher has substantial experience in working with redevelopment agencies throughout California, and they have an excellent reputation in terms of project quality and completion. The addition of the Bi tcher team substantially enhances the financial resources availaW for project financing, and increases the likelihood of project completion. Birtcher will work with Mitsui and Company (USA) on the development of this project_ Birtcher's financial relationships include partners such as Aetna We Insurance Company, Citicorp Real Estate, Inc., General Electric Investment Corporation, Mutual Life Insurance Company of New York, Teachers Insurance and Annuity Association, and cities throughout southern California. Development Team: Coultrup Companies was formed in 1984, and is a full -service real estate development firm. In conjunction with the former Coultrup Construction Inc., the company has completed projects in Huntington Beach, Long Beach, and Seal Beach. The company specializes in the acquisition and development of apartment, condominium, and office buildings. 8 k-.10' Birtcher Real Estate Limited, is a joint venture between Birtcher and Mitsui and Company (USA) Inc., for real estate development on the Pacific Coast. Birtcher is the 19th largest developer in the United States, based in Laguna Niguel, with 6.5 million square feet under development. Mitsui and Company is an international trading company based in New York with a 1990 total revenue of $27 billion. The joint venture will emphasize single and multi -family developments, marking a return to residential building for Birtcher which has been concentrating on commercial development in recent years. _ Owner Participation: The DDA, as proposed, includes the participation of eight property owners, covering six separate properties. Only one property is contemplated for purchase at this time (Wood/Sarrabere/Goodman). Owner participation is strongly encouraged in the redevelopment plan for the Main -Pier Redevelopment Project Area. This high-level of owner participation significantly reduces the cost of the project to the Agency. The agreement also limits the Agency exposure to the participating owners for relocation, business down time, and goodwill losses to approximately $380,000. Further each property owner is responsible for the financing and construction of their portion of the new buildings. Failure to secure financing by each of the property owners and Birtcher is a reason for terminating the Partnership Agreement and Disposition and Development Agreement. It is intended that the Wood/Sarrabere/Goodman property will be acquired for integration into the condominium project. The site is currently developed with Wimpi's food stand. Resolutions of Necessity were adopted by the City Council on November 2, 1992, for this property. Completion of Downtown Entryway: Completion of the proposed Coultrup/Birtcher project would provide for revitalization of the two remaining major blocks within the downtown area. The Agency and City have made substantial investments in public facilities such as the new pier, surfing museum, art center, Main Street public improvements, new water. and sewer lines, and assistance to developers in construction of commercial and residential buildings, including the Abdelmuti project at 101 Main Street. Approval of the Coultrup/Birtcher DDA would significantly complete the master plan for downtown as contemplated many years ago. The project in its size and scope attempts to be consistent with the "village concept" for the downtown. The Plan preserves the integrity of a Main Street retail and commercial corridor, while providing residential buildings to support the commercial corridor. The Master Plan for the downtown core is intended to be compatible with the adjacent transitional areas and the surrounding residential neighborhoods. Outside of the 9 downtown core, the plan calls for commercial uses which are compatible with the adjacent residential uses, and also enhances and reinforces the primarily residential character of the area. The establishment of secure private residential uses adjacent to, but adequately buffered from the public areas is one of the objectives of the plan. In addition, the project preserves the historic Worthy building for future renovation, a primary concern identified during environmental review of the project. Fifth Street is maintained as a public street to preserve view corridors and access to other businesses located further inland along Fifth Street. Comprehensive Development: The advantage of the Coultrup proposal is that one master developer and one master contractor will be used to develop both blocks within the project. This concept provides for greater cost efficiencies and greater assurance that the project will be completed. Related Issues: rldne - Currently under review is the Downtown Master Parking PIan which.will substantially affect the commercial parking requirements for the downtown area, including the Coultrup/Birtcher project. It is anticipated that this Master Plan will be considered by the Coastal Commission in early 1994. Attached is a report (Exhibit A) from Ron Hagan, Director of Community Services, related to the past operating performance of the Main Promenade Parking Structure. The report indicates that construction of a second, parldng structure would be financially infeasible due to current usage of the existing parking structure. Commercial Feasibility on P .H - At the request of the City Council, Keyser Marston Associates was requestecT to prepare a brief analysis of the feasibility of commercial development as part of the residential project located, along PCH, between Fifth & Sixth streets. Their report is attached (Exhibit B), and concludes that a mixed -use project in this location is not feasible. History of the Development Site: Since late 1984, the Agency has been attempting to put together an Owner Participation Ag reement/Di sposi don and Development Agreement with property owners and various developers for the Main -Pier Phase II project. The proposed mixed -use project consists of the two blocks bordered by Main & Sixth streets, Pacific Coast Highway, and Walnut Avenue. 10 After concluding a Request for Proposals process for the Main -Pier Phase II project on March 24, 1986, the Agency approved a Negotiation Agreement with the Main -Pacific Property Owners. The original proposal submitted by the property owners and the developer of record at that time, A-M Equities, called for a mixed -use project consisting of 275 residential units and 100,000 sf of commercial. On May 5, 1986, the Agency approved staffs recommendation that the proposed Development Concept be revised to reduce the project density (to approximately 240 units), and that plans and a pro forma be submitted reflecting this change. The Agency also directed • staff to require the developer to submit a duly executed Agreement between the property owners and A-M Equities, setting forth the rights and obligations of each party by May 19, 1986, later extended to June 2, 1986. A-M Equities was not successful in putting together the above -described program, and was succeeded by a new developer, Griffin/Related Properties. Griffin's original proposal consisted of 220 residential units and 35,000 sf of new retail space. The final proposal known as "Plan B-3," consisted of 103 residential units and commercial /retail office space. An economic analysis of the "Plan B-3," demonstrated the infeasibility of pursuing this plan because of the bottom -line, negative cost of approximately $16,000,000. On September 17, 1990, the Redevelopment Agency authorized staff to prepare and issue a Request for Proposals for a two -block, mixed -use development for the Main - Pier Phase II project. This direction was given after previous negotiations with prior developers and the property owners were not successful. Development parameters were included in the RFP. Alternative actions considered by the Agency, but rejected, included issuing a RFP to all property owners, as well as all interested parties or negotiating with property owners, for the rehabilitation of their existing buildings. On December 11, 1990, the city's Community Development Department determined that the existing building at 101 Main Street was "unsafe to occupy" because of the loosening and falling of bricks from the facade, and was therefore, vacated and closed. At that time, the property owner revived old plans that called for the rehabilitation of the existing two-story structure. Allowing the property owner to proceed with rehabilitation would have ensured that the City/Agency would not receive the street and plaza dedications and setbacks as already provided across the street on the Pierside Pavilion project. Further the owner would have been permitted to retain the then existing non -conforming second story apartment uses. 11 V �4d' Therefore, the Agency directed staff to negotiate an agreement with the property owner that would enable the Agency to achieve its goals of the Amin -Pier Redevelopment PIan, and yet be an economically viable plan for the participant to develop. The Agency successfully concluded negotiations with Mike Abdelmuti for development of his corner property on May 28, 1991. Two proposals for the balance of the two -block site were submitted to the Redevelopment Agency on December 26, 1990, for the Main -Pier Phase II project - Main -Pier II Property Owners Association, in partnership with Coultrup Development Company and Sheldon L Pollack Corporation. The Pollack proposal did not include owner participation. The Coultrup proposal includes all property owners (Mulligan, Johnson, Cracchiolo, Bagstad, Mase, Draper, Alfonso, and Geilim), except Lane and Wood/Sa.rrabere/Good man. According to the developer, Wood/Sarrabere/Goodman is not interested in participating in a development of the block and they did not respond to the RFP. The Lane's, in a separate letter to the Agency, indicated that they plan their own extensive improvements to their property. On July 15, 1991, the Agency approved an Exclusive Negotiation Agreement with the Coultrup Development Company, in partnership with the Main -Pier Phase II Property Owners Association, to terminate on November 15, 1991. Although the November 15 deadline for completion of a DDA was not met, the City Council directed staff to continue negotiations, and provided direction related to these negotiations on several occasions. Reallocation of funds previously approved in the 1993-1994 fiscal year budget for Main- Pier Phase Ti/Coultrup demolition, relocation and toxic remediation costs. R TIVE AMON: 1) Continue the public hearing and consideration of the DDA. TT HiTE : 1) Property Owner Site Map. 2) RedeveIopment Agency Resolution. 3) City Council Resolution. 4) Health & Safety Code Report 33433. 5) Disposition and Development Agreement. 6) Exhibit A. 7) Exhibit B. MTU/BAK/KBB:ls 12 BLOCK 105 Worthy Sixth Street Main -Pier Phase 11 Existing Property Owners Walnut Avenue Fifth Street Pacific Coast Highway ®Redevelopment Agency BLOCK 104 Coultrup Abdelmuti Property Owners Development Company Main Street Not to SwIs Nov 11, 1992 1-- of A L- yGf SUMMARY REPORT PURSUANT T6/ c,. SECTION 33433 �� •��`' of the CALIFORNIA COMMUNITY REDEVELOPMENT LAB on a DISPOSITION AND DEVELOPMENT AGREEMENT by and between the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, COULTRUP COMPANIES, MAIN PIER PHASE II PARTNERSHIP, AND BIRTCHER REAL ESTATE LIMITED - This summary report has been prepared for the Huntington Beach Redevelopment Agency ("Agency") pursuant to Section 33433 of the California Health and Safety Code. This report sets forth certain details of the proposed Disposition and Development Agreement ("Agreement") between the Agency, Coultrup Companies, Main Pier Phase II Partnership (Property Owners) and Birtcher Real Estate Limited (BREL). The Agreement requires the Property Owners to develop the privately owned portion of Block 104, bounded by Main Street, Walnut Avenue, 5th Street and Pacific Coast Highway with a mix of commercial uses. The Agency dust purchase the privately owned parcels on Block 105, bounded by 5th Street, Walnut Avenue, 6th Street and Pacific Coast Highway to allow for BREL to construct 80 to 90 condominium units. The proposed residential and commercial development is located in the Main Pier Redevelopment Area in the City of Huntington Beach. This -report describes and specifies: 1. The cost of the proposed agreement to the Agency, including relocation costs, site clearance costs, toxic remediatibn costs, infrastructure costs and public parking costs; 2. The estimated value of the interests conveyed, determined at the highest uses permitted under the Redevelopment Plan; and 1 3. The purchase price to be paid for the interests being conveyed. This report and the proposed Agreement are to be made available for public inspection prior to the approval of the Agreement. A. SALIENT POINTS OF THE AGREEMENT 1. groperty Owner Responsibiliti--s Under the proposed Agreement, the Property owners have the following Block 104 responsibilities. These responsibilities will be fulfilled by a partnership comprised of the various owners of the Block 104 properties and Coultrup Companies: a. The Property Owners will demolish the existing commercial structures on Block 104. b. The Property Owners will design and develop Block 104 with 47, 500 square feet of commercial buildings comprised of retail and office uses, respecting the separate ownership of the parcels on Block 104. The commercial development will be an integrated complex in conformance with the Main -Pier Project Area Plan. C. The Property Owners are responsible for all on -site improvements on Block 104. d. The Property Owners must contribute to the toxic clean-up costs incurred on Block 104, to a maximum of $125,000. 2. PREL Responsibilities Under the proposed Agreement, within three years of DDA execution, BREL and Coultrup Companies must fulfill the following Block 105 responsibilities: a. BREL agrees to purchase the 71,452 square foot parcel from the Agency for $1.8 million. b. BREL is responsible for demolishing the existing improvements located on the Block 105 properties currently under private ownership. C. BREL agrees to construct 80 to 90 condominium units and a subterranean parking garage with sufficient spaces to raeet the City code. d. BREL is responsible for all on -site and off --site Improvements on Block 105, except that portion adjacent to the Worthy Property, to be paid by the Agency. e. As a part of the land acquisition payment, BREL has agreed to incorporate a participation formula which allows the Agency to share in the project's net profits. The participation formula will be based on the project revenues generated in excess of the approved development costs, a 10% annual return on equity investment and a threshold profit of $3.2 million. Thereafter, the Agency would share in 50% of the subsequent revenues generated by the Block 105 project. The proposed participation formula will be impacted by fluctuations in the allowable development costs, the sales revenues and the time period required to sell the units. Based on current development cost and sales revenue estimates, the Agency will, Bo receive any participation income. Only if the project is significantly more successful than is currently anticipated, will the Agency receive any participation income. 3 f. At the time Block 105 is conveyed, BREL must repay the Agency advance of $200,000 in predevelopment expenses. If the agreement is terminated, Coultrup Companies shall be responsible for the repayment. 3. Agency Responsibilities After the completion of the Block 104 development, and upon commencement of Block 105 development, the Agency is responsible for and shall commit the following to the project: a. Exchange Agency owned property, including 39.5 feet of street, frontage plus $99,000 for the Cracchiolo property that includes 50 feet of street frontage. b. Purchase the third party parcel necessary to complete the assemblage_of the Block 105 site. The acquisition costs are estimated at $63a,000, based on an appraisal conducted February 1992. c. Finance the public improvements required for Block 104, and the off --sites required around the perimeter of the Worthy property, estimated at $100,000. d. Compensate the Block 104 Property Owners and tenants for $630,000 in relocation expenses. e. Pay any increased City permits and fees costs imposed between date of Agreement approval and ten months after the approval of the Downtown Specific Plan by the California Coastal Commission. This cost is estimated at $200,000. f. Advance $200,000 as reimbursement for Block 105 predevelopment expenses. 4 U. g. Finance the investigation and clean-up of toxics on the Agency -owned parcels on both Block 104 and Block 105, not to exceed $200,000. As a separate obligation, the Agency shall pay any necessary clean-up costs on the Sarrabere/ Wood/Goodman parcel, in an amount equal to'$100,000. h. Provide housing units to meet the State mandated inclusionary housing requirements. COST OF AGREEMENT TO AGENCY The estimated costs of the Agreement to the Agency are as follows: Land Acquisition, Relocation and Toxic Remediation Costs Already Expended $4,518,000 Land Acquisition (Block 104) 99,000 Land Acquisition (Block 105) 630,000 Block 104 and 105 Public Improvements 100,000 Relocation Costs 630,000 Increased City Permits & Fees 200,000 Block 105 predevelopment cost advance 200,000 Toxic Remediation Costs - Agency Parcels 200,000 Toxic Remediation Costs - Third Party Parcels 10Q,000 Total Costs to Agency $606770000 In addition, the Agency has agreed to accept the responsibility for two contingent liabilities: a. In the event the Downtown Master Parking Plan is not approved, the Agency will reimburse Coultrup Companies for $150,000 in predevelopment expenses. b. It is anticipated that the Block 104 development will not proceed until the Fall of 1994. At that time, the Property Owners may incur interest costs in excess of the 8% interest rate currently being estimated for the Block 104 commercial improvements. The Agency has agreed to �W) fund the net present value of the interest increase up to a maximum of two percentage points. Assuming that the maximum level of assistance is provided, the cost to the Agency is $490,000. The maximum costs to the Agency after inclusion of the contingent liabilities and offsets for the public revenues, are estimated at: Total costs to Agency $6,677,000 Plus: interest Rate Write -down 490,000 Plus: Block 104 Predevelopment Cost Reimbursement 150,000 Total Costs Including Contingent Liabilities $7,3178000 (Less) BREL Land Payment for Block 105 (11800,000) (Less) BREL reimbursement for Block 105 predevelopment advance (2001,000) (Less) 50% Equity Share in Net Profit (0) Net Costs to Agency $5,317,000 (Less) PV of Property Tax Increment Revenues (1,720,000) Net Costs to Agency After Tax Increment $3,5971000 C. ESTIMATED VALUE OF THE INTERESTS TO BE CONVEYED DETERMINED AT THE HIGHEST USE PERMITTED UNDER THE REDEVELOPMENT PLAN The terms of the Agreement call for the Property Owners to maintain ownership of Block 104, and for the Agency to convey Block 105 to BREL. The determination of the estimated value of the interests to be conveyed BREL was made by R.P. Laurain & Associates in an appraisal dated September 9, 1991. The appraisal identified the highest and best use permitted under the Redevelopment Plan as a high density residential project. The appraisal determined that the fair market value for that use is $4.65 million. 6 D. PURCHASE PRICE PAID AND REASONS FOR DIFFERENCE IN FAIR MARKET VALUE FOR THE HIGHEST USE UNDER THE REDEVELOPHENT PLAN As detailed in the September 9, 1991 valuation analysis performed by R.P. Laurain & Associates, Inc., the highest and best use of the Block 105 site is a high density residential development. The fair market value of the subject site is estimated at $4.65 million, or $65 per square foot of land area. However, the Agency has limited the scope of development to 80 condominium units. This reduction in density diminishes the supportable land value to $1.8 million. The purchase price plus the participation in net profits represent fair compensation for the subject site. The 33433 report for the Coultrup project estimates land acquisition, relocation and toxic remediation costs already expended as $4,158,000. These costs are comprised of: and Acctuisitio Tharp Energy Conley Shupe Omohundro Terry city city Total Land Acq. Demolition/Toxics Relocation Total Sunk Costs $ 352,500 176,500 352,500 295,625 11300,000 103820000 (77% of costs - balance to 63,905 Abdelmuti) 21,448 $3,944,478 573,500 $4,517,978 7 The contingent liability to reimburse the Property Owners for $150,000 in Block 104 costs is comprised of the following: If the parking plan is not approved 150,000 $150,000 8 1..�'t to City to lose MPII Cost are measured in money and much, much more: Money: 1. Every year of delay $130,000 in annual tax increment is lost 2. Coultrup owes the Agency $200,000 but this is forgiven if the MPII is not approved. 3. Agency and City has spent hundreds of thousands of dollars in attorney fees, consultants, staff time and more just in the last five years Coultrup has been involved, all this will be lost. 4. Future possible projects will cost much more. With Cracchiolo alone on Block 105 it will be very expensive to purchase him if he will even cooperate. History will repeat itself if another project is attempted but this time you have feed -up property owners and a city with no money. 5. Agency/City has no money by it's admission. No funds and a limited staff spells no future hope for MR. 6. It costs the Agency/City a great deal to cancel MPII vs. a reasonable investment from N1PII resources to approve it Private Property Owners on Block 104: 1. This loose mix of personalities are spent both emotionally, financially and physically and will not be there again for the City. They have given their all for 15 years and know that they now have a deal. 2. They do not trust the City and will have no incentive once M II is gone. 3. City losses the right to condem along with many other negotiated terms. Public Benefits: 1. All set backs, public amenities, open. space, view corridors and a two block master planned project are lost. Never will a piece meal bit by bit approach of rehab every work, history has proven so. 2. The completion and bringing together of the downtown is lost. The plan the tax payers, residents and local businesses bought into is lost. The entrance to the City at PCH ar.d the Pier will continue to have one big black eye. 3. When a pine or project is not completed it has little value. The reverse is true when completed. The synergism is complete, the whole is greater than the sum of its parts. 4. Blight and unsafe conditions remain. The public resists and they wonder why. Approvals: It took three years to get City approval with signed contracts and another 1 1/2 years to get California Coastal Commission (CCC} approval. The prior council approved MR by a clear majority and the CCC overwhelmingly approved and embraced MPII. Agenda for June 14, 1995 I. Funding sources for the Affordable Housing obligation of the Agency II. City's best alternative for the site is ND'II a. what is lost if not approved b. It will forever cost the City more not to approve NlPII III. Letter from 3rd Block West IV. All parties ready to perform i�.W' -711&t jq5- Approve NOR City's best and only choice: 1) A 15 year process with the Agency, City, private property owners (PPO's), developers and consultants has proven that MPII is the highest and best use. 2) MPII is financially feasible, requires no general funds, is approved by the City Council, approved by the California Coastal Commission and all parties are contractually signed. 3) From a pool of funds of almost $3,000,000 the Agency has many options for funding it's affordable housing obligation. Several simple options are: a. $300,000 from soils clean up reimbursement from MPH s� •, b. $200,000 Agency project fee obligation can be waived by the — City or deferred and paid back from tax increment. $500,000 This total is $100,000 more than needed If preferred c. $201,000 Agency is required to put aside 20% (set aside funds) for affordable housing. $1,005,000 present value of tax increment x 20% = $201,000 $701,000 This total is $301,000 more than needed 4) Do to the uniqueness of the MPII site it has required subsidy by the Agency. Most of the sunk cost were invested prior to Coultrup. It has always been the Agency's clear understanding of the subsidies necessary to encourage development of the MPII area. All costs to date are sunk and aU future cost are offset by various revenues. 5) MPII is a financial asset to the City that %%i1 provide an increased tax increment. 6) Timing is everything. Currently the Private Property Owner's (PPO's), Coultrup, Birteher and the Agency are all contractually signed and committed to MPII. This fragile window may not come again for many years if at all. The PPO's are willing, under this agreement, to build new, expand the commercial square footage, provide set backs, provide open space and take the risk with greater debt. 7) The Private Property Owners are held together by the signed contracts which provide for, among other things, condemnation if needed. Condemnation and many other benefits for all parties, that took years and hundreds of thousands of dollars to achieve, will be lost and not recoverable. These 4l+Z1'ta individuals will not cooperate with any alternative project. They are spent emotionally, financially, physically and have invested enough time for ten projects over the Iast 15 years, they can invest no more. 8) By any analysis it is clear that the contract and approved plan in place is far more valuable than a future hope that something better will come along_ After all, the future hope has drug on now for 15 years, at Ieast 3 developers and many, many different plans. The Agency's own consultant, Kathy Head, has stated that W11 is the highest and best use that has been designed to date and doubts that there is a better alternative. 9) Delays have already cost the City several years of tax increment at $130,000 per year. Every delay is another $130,000 lost annually. Also the sunk cost invested by the Agency continues to de -value due to loss of interest on investment and the time value of an opportunity lost. t r 10) Failure to complete the downtown is a failure to encourage tourist and residents to use the area. Other business suffer as well. Many business are there today on the promise that the downtown would be completed. 11) CoultrupBirtcher have kept close tract ar:d analysis of the market and are certain that average minimum sales prices for the condos will be $239,000. They are financially secure and prepared to invest $4,500,000 in risklequity capital and procure a $10,500,000 construction loan for the development. 12) If MPH is not approved the blight and unsafe conditions will remain. The main window to the City will remain a black eye. Crachiolo will remain on Block 105 and will cost the Agency over $1,000,000 to buy out. With no resources the Agency will be unable to move on any plan for the area. Any other alternative will cost the Agency significantly more money. All the other Agency efforts including WI, The New Maxwells, New Pier and surrounding area, 3rd block west, the parking structure with commercial, standard market improvements, AbdeLmuld building, post office and gym directly behind, and 2nd block improvements will all be for not if MPH the Center piece and final project is not completed. 13) Coultrup and the PPO's have done what the City has asked, spent hundreds of hours and hundreds of thousands of dollars. It is the moral, legal, ethical and financially correct decision to approve MPII. 14) It is clear that the best interest of the City is served with the approval of MPR. 0 _kJ Mike Roberts P.O. Box 536, Iuntington Beach, CA 92648 714 960-2560 July 13, 1995 Tom Harmon Council Member City of Huntington Beach 2000 Main Street Huntington Beach, Ca 92648 Re: Main Pier Phase Il and Third Block West Dear Mr. Harmon: Via Facsimile: 536-5233 536-4037 At the request of Jon Coultrup, I am writing this letter to apprise you of several facts about the Third Block West project: We have our equity money investment in place and have been earnestly at work preparing the final pm - construction phase of this project since December of 1994. The Project as presently planned has approximately 40,000 sf of retail and 68 residential condominium units and is Iocated on the block bound by Olive, Main, orange and 5th Streets Our lease rent for the commercial spaces per square foot per month will be between $2.25 NNN up to $3.50 NNN at street level. Upstairs the rate will be SI.50 through S1.85. The projected sales prices for the residential units vary from SI59,900 through to $349,900, with the average at $230,000 per unit. The Third Block West condominiums vary in size between 1,113 sfto 1,675 sf. The average size will be about 1,200 sf. This large average occurs because of the number of loft units on the third floor. Despite the relatively high price, we feel our mix and pricing will be competitive with the general market and specifically with the Main Pier Phase II project. We are careful with how we position ourselves because the MITI project does have an excellent head-on ocean location and many excellent amenities we cannot provide due to our relatively small `footprint" far our condominiums. The MPII price at approximately $240,000 per unit is very nearly the same as ours, however, their units are a bit smaller, averaging about 1,100 sf. We plan to be open and selling in Spring of 1997, barring any delays. We expect we will be one year ahead of the MPII project, so we will avoid some competitive overlap. If both projects ran simultaneously, I would like it because together we would be drawing more visitors and the added exposure will assure a quicker sell -Out. The buyer would also have more choice. I hope the foregoing is helpful in encouraging your support of the MPII project. Sincerely, Mike Roberts L95-845 r 10I KEYSER MARSTON ASSOCIATES INC. 300 SourH CnAmo Avsmus, Surra 1480 Los ANCLLu, CAt.rromm 90071 213/622-8095rAx 213/622-5204 MEMORANDUM TO: Mr. Keith Bohr, Project Manager Huntington Beach Redevelopment Agency FROM: Keyser Marston Associates, Inc. SUBJECT: Economic Analysis: Phase li - Block 105 Condominiums DATE: June 29, '1995 .a a Aavisom o RML FsTATZ RIMMtorMtHT Ecorvowis D au vwv FSCAL Parr Los Amcros RXNA:a L. Barn CALM L HOUZ411 KAT v-m H. HEAD SAN DIEGO Cnui.a K TA54VA RmErr J. Wsrmm Sm F co A. f WY Kfr= TworHY C. KaLY KATs EAw Furor DLWW Ii CC .%" In accordance with your request, Keyser Marston Associates, Inc. (KMA) has performed a financial analysis of the Block 105 condominium project to be developed by Coultrup Development Company (Coultrup). The purpose of the KMA analysis is to determine the financial feasibility of the project as currently proposed, given current construction costs, financing criteria and achievable market sales prices. In conducting the analysis, KMA performed market surveys of new attached projects and recent condominium resales for comparable projects in the vicinity of Block 105. Using a pro forma analysis, KMA calculated the developer profd generated by the project given the estimated development costs and the achievable market sales prices. In addition, KMA calculated the sales prices which would have to be achieved in order for the developer to receive an appropriate market return, and for the Agency to receive any participation revenues. Development Costs The development costs utilized in the analysis are based on the costs submitted by Coultrup and further verified by KMA in analyses conducted in 1992 and 1993. The major cost components can be summarized as follows: �W) Page 2 1. Land acquisition costs total $1.8 million, based on the executed Disposition and Development Agreement (DDA). 2. Based on the site costs utilized in previous analyses, a $329,000 allowance was provided for off -site improvements. The site work costs have been estimated at $5,000 per unit fora total of $400,000. Demolition and site clearance costs are estimated at $196,000. 3. Building shell costs are estimated at appro)amately $71.50 per square foot of gross building area. 4. Permits and fees costs are provided at $8,800 per unit 5. Interest during the 12 month construction period and 26 month absorption period (assuming 3 unit sales per month) are calculated assuming a 9% interest rate and a 12% return on equity, assuming 60% of the costs are debt financed. As can be seen in Table 1, the direct construction costs for this project are estimated at $8.03 million. When the land costs; financing costs, and cost of sales are included, the total development costs are 315,305,000, or $191,300 per unit. Wrket Survey New Proiects K111A surveyed new condominium developments in the coastal Huntington' Beach to determine the achievable sales prices and absorption levels. Residential New Home Trends was used to identify five condominium projects in Huntington Beach that are currentiyfor sale or recently sold out The five projects are outlined on Table 2, and can be summarized as follows: • Pierhouse condominiums are located at 1200 Pacific Coast Hwy. This 105 unit project was built in 1989 and was operated as an apartment rental project until 1993. Sales began in June of 1993 and the project sold out in March of 1995. The project averaged 4 to 8 sales per week until November of 1993, with an overall average sales rate of 5 units per month. The asking price of these units ranged from $139,900 to $197,900. However, it should be noted that the property is subject to an 85 year ground lease, which requires the unit owners to pay a monthly ground lease fee. This fee has a net present value cost of $29,900 per unit. Thus, the effective safes prices for the units range from $169,800 to $227,800 per unit KEYS ER M ARSTON ASSOCIATES INC. w Page 3 Pacific Park Villas is a 22 unit complex which began sates in October of 1994. Located at Talbert and Beach, this project consists solely of 2 bedroom units. The asking price of these units range from $174,900 to $209,900. These townhouse style units have sold at a rate of 1.8 units per month. The project has sold 14 of the 22 units. • Surfcrest is a 115 unit townhouse complex that opened in October of 1994. It is located at Seaport and Palm Avenue. The project consists of two and three bedroom units with asking prices ranging from $272.750 to $355,750. The project has averaged 3 sales per month since opening in October of-1994. and 24 of the 115 units have been sold. Villa Milano is a 33 unit complex located near Warner and Bolsa Chica. The project consists of 2 bedroom units, with asking prices ranging from $179,000 to $259,950. The project began sales in January of 1993 and 18 of the 33 units have been sold, at a rate of .6 units per month. + Huntington Harbor Bay is a 36 unit complex located at Warner and Edgewater Lane. The project consists entirely of 2 bedroom units, and the prices for these single story flats range from $244,500 to $390,500. Located approximately 112 mile from the coast, this complex has views of Huntington Harbor and the ocean. Since opening in June of 1991, the project has sold units at a rate of .6 units per month and has sold 28 of the 36 units. Of the projects surveyed, the one bedroom units range in size from 800 to 1,000 square feel, and range in price from $198 to $228 per square foot. The two bedroom units range in size from 1,250 to 2.160 square feet, and range in price from $125 to $181 per square foot. On a per square foot basis, Huntington Harbor Bay and Pierhouse has the most expensive units, with prices ranging from $159 to $228 per square foot Of the new condominium projects surveyed. Pierhouse is considered the most comparable to the subject property due to the size of the units, location, and views. This project was absorbed an average rate of 5 units per month. Surfcrest and Pacific Park are the newest projects to come on the market, and have experienced absorption rates of approximately 3.0 and 1.8 units per month, respectively. Condominium Resales tM also obtained resale information for five projects in close vicinity to the subject site, as shown on Table 3. Resale information was obtained from Pier Colony, Pierhouse, Townsquare, Huntington Bay Shore and Villas Del Mar. In summary, the survey indicates K E YSER M A RSTON ASSOCIATES INC. Page 4 that one bedroom units have resold for $132,500 to $176,000, or $159 to $223 per square foot The two bedroom units have sold for $166,000 to $224,000 or $158 to $183 per square foot Subject Site Pricing Based on the two market surveys, and assuming sales do not commence for two years, KMA projects the following prices for the project: Price Square- Fee Price/SF 1 BD + Den $168,000 838 $201 1 BD + Den $175,000 959 $185 1 BD + Den + View $185,000 959 $190 2 BD $195,000 1,076 $181 2 BD_ $205,000 1,152 $178 2 BD + Den + View $230,000 1,290 $178 KMA projects that the achievable market prices wilt range from $168,000 to $230,000 for the proposed project It is assumed that the proposed project will experience a similar absorption rate to Pierside and Surfcrest, which both achieved strong sales performance. For the purposes of this analysis, an absorption rate of 3.0 units per month is utilized. Sales Revenue and Profit Analysis Based on the projected sales prices ranging from $168,000 to $230,000. the average unit price 1s $191,250. The total sales revenue Is projected at $15.3 million, as shown in Table 4. As shown on Table 5, based on revenues of $15,300,000 and development costs of $15,305,000, the costs exceed the sales revenue by $5,000. Therefore, no profit is generated. Change in Project Economics The project economics and resulting conclusion regarding the projects financial feasibility profit level have changed since Kl!VIA's original analysis in August 1992. The original analysis projected that the developer would receive a profit of $3.2 million from the project The changes in the projects economic characteristics are: • The achievable sales prices have declined since INNs 1992 analyses due to market factors. KMA projected an average sales price of $237,000 per unit in August of 1992, versus the currently estimated average prig of $191.250 per unit K EYsE R M A RSTON ASSOCIATES INC. NJ Page 5 KMA had previously assumed an absorption period of 15 months, assuming sales of appro)amately 6 units per month. Based on the current absorption and sates rates of units in comparable projects, KMA has projected a 26 month sales period, which equates to average absorption of 3 units per month. Given the prolonged sales period, the interest calculated during construction and absorption has increased by appro)amately ±$950,000. REQUIRED SALES LEVELS KMA performed an additional analysis to determine the sales prices that would have to be achieved to provide the developer with an adequate return given the inherent risk of the project This was done by adding a 15% threshold profit to the estimated development costs to arrive at the total project costs, which can be summarized as follows: Development Costs $15,305,000 Developer Profit @ 15% of Costs 2 295 000 Total Project Cost $17,600,000 Cost Per Unit $ 220,000 As can be seen in the table above, the units would have to sell for an average price of $220,000 for the project to achieve financial feasibility. If the achievable sales prices are any lower, the project would a&bit a feasibility gap and the developer would not receive a market rate profit A participation formula is contained in the DDA which allows the Agency to share in the projects net profits. The participation formula is based on the Agency sharing in 50% of the net revenues after a 10% annual return on equity investment and a threshold profit of $3.2 million. The project vmuld have to sell at an average sale price of approximatety $231,000 per unit in order for the Agency to receive any participation income, which is calculated as follows: Development Costs $15,305,000 Threshold Developer Profit 3,200,000 Total Project Cost $18,507.000 Cost Per Unit $ 231,300 K EYSE R M A RSTON ASSOCIATES INC. Page 6 CONCLUSIONS The preceding IQM analysis indicates that at this time the proposed project is financially Infeasible. This infeasibility is related primarily to the fact that the currently achievable sales prices are inadequate to support the full cost to develop the project, even before any consideration of developer -profit Based on the current projections, the development costs are slightly higher than the sales revenues, and tits the developer is projected to receive no profit. It Is the XW projection that the achievable sales prices would have to increase by 15% before the developer would receive an adequate return from the project It is clear from the preceding analysis that if the project Is developed during the near -term, the Agency Is not projected to receive any participation income from the project In fact the Agency would not begin to receive participation income until the sales prices increased by 21 % over the current projections. Ss47s.HrB 14066.0001 K E YS ER MA RSTON ASSOCIATES INC- A N TAB LE 1 ESTIMATED DEVELOPMENT COSTS 90 CONDOMINIUM UNITS PHASE "LOCK 105 HUNTINGTON BEACH,CAlJFORNIA L SAND COSTS IL RNRECT COSTS • ACQUISTION OFF-SITESANFRASTRUCTURE ALLOWANCE SITE WORN 80 UNITS DEMOLITIONlSITE CLEARANCE ALLOWANCE BUILDING SHELL 8Z596 SF SUB PARKING 66,500 SF TOTAL DIRECT COSTS $329,000 $5,000 /UNIT 400,000 W.000 571.50 ASF 5,906,000 518.00 ASF 1.197.000 $8,028,000 IIL INDIRECT COSTS ARCHITECTURE L ENGINEERING 4.0% DIRECT COSTS PERMITS & FEES 80 UNITS $8,800 /UNIT TAXES 3 INSURANCE 1.5% DIRECT COSTS LEGAL & ACCOUNTING 1.5% DIRECT COSTS DEVELOPMENT MANAGEMENT 3.0% DIRECT COSTS CONTINGENCY 4.0% DIRECT COSTS SECURITY DURING CONSTRUCTION ALLOWANCE MARKETINGISALES OFFICE ALLOWANCE MODEL DECORATION (NET OF RECAPTURE) TOTAL INDIRECT COSTS N. FINANCING COSTS FINANCING FEES 25 POINTS INT DURING COSST 3 ABSORPTION 10.2% INTEREST TOTAL FINANCING COSTS V. COST OF SALES SZ127,000 sm.000 z497,000 SZ727.0o0 VL TOTAL DEVELOPMENT COSTS S1S,305,000 PREPARED BY: KEYSER MARSTON AS3=f%TES, M FILENAME: RES_LAND=; &2S15: ELG TABLE 2 NEW CONDOMINIUM SALES SURVEY MAIN -PIER 11 BLOCK 105 HUNTINGTON BEACH, CALIFORNIA PROJ 1 Plerhouse 1200 Pacific Coast Hwy Huntington Beach 2 Pacific Park Villas Talbert & Beach Huntington Beach 3 Surtcrest Seaport 3 Palm Ave Huntington Beach iCl L-1-1 DATE TOTAL UNIT UNIT BASE PRICE/ SOLD ABSORP DENSITY OPEN NI S t+ I SIZE] �t SF I-op&M (UN TI S1M0) U/A COp MENT2 5193 105 1B/1b 800 $139,900 $174.88 105 5.0 35 ' Pool, Spa, Clubhouse 113/11b 1,000 167.900 167.90 Single Story Flats, Sub garages IS/lb 1,000 197.900 197.00 Converted from opts In'93. Subject to 85 year ground lease, with NPV • of payments equal to $29.000. 10194 22 2Wb 1.460 $194.900 $133.49 14 1.8 WA Pool, Spa, Townhouse style 2Bt2b 1.400 174,900 124.93 Enclosed garages, Recently 28nb 1.700 209.900 123.47 opened 4 Villa Milano Warner & S Solsa Chica Huntington Beach 5 Huntington Harbor Bay N Warner Ave 3 W Edgewater is Huntington Beach 10194 115 2B12.5b 2,030 $272,T50 $134.35 24 3.0 WA Pool, Spa, Townhouse style 3912.5b Z140 280.450 131.05 Enclosed garages, Recently 3B/2.5b 2,430 355,750 •146.40 opened 20+Dr2.5 2.160 322,760 150.12 1193 33 2B/2b 1,253 $179,000 $142.86 18 0.0 27 Pool, Spa, Clubhouse 2812b 1,375 199.000 144.73 Additional storage areas 213t2b 1,710 219.000 128.07 Single Story Flats, Sub garages 28/2b 1,723 239.950 139.20 2EWb 1.921 250,950 135.32 6/91 38 2812b 1,479 $255,600 $172.75 28 0.6 24 Ocean b Marina Views. 28nb 1,535 244,600 159.28 Pool, Sauna. Spa. Clubhouse 21312b 1.792 310,500 173.27 Single Story Flats, Sub garages 21312b 2,181 390.600 180.70 SOURCE: Residential Trends, April of 1995 PREPARED BY KEYSER MARSTON ASSOCATES, M F LENWE: HS-CVMPS=: WZM: ELO C TABLE 3 RESALE CONDOMINIUM SURVEY MAIN -PIER II BLOCK 105 HUNTINGTON BEACH, CALIFORNIA DATE YEAR UNIT SALE UNIT PRICE/ DEVELOPMENT SITE ADDRESS OE SALE 9UI MI EBM S1Z fSf1 5M 1 Pier Colony 200 PCH Huntington Beach 2/94 1989 18/1b $132.500 832 $159.25 2 Pies Colony 200 PCH Huntington Beach 5/94 1989 2=b $225.000 1,250 $180.00 3 pier Colony 200 PCH Huntington Beach 9/94 1991 18/1b $135,000 $27 $163.24 4 Pierhouse 1200 PCH Huntington Beach 11/94 1989 1 B11 b $162,000 778 $208.23 5 Plerhouse 1200 PCH Huntington Beach 12/94 1989 1B11b $178,000 789 $223.07 8 Townsquare 415 Townsquare Ln Huntington Beach 6194 1990 2B/2b $194,500 1,147 $169.57 7 Townsquare 415 Townsquare Ln Huntington Beach 8/94 1989 2B/1.5b $187.500 1.024 $183.11 8 Townsquare 415 Townsquare Ln Huntington Beach 7194 1989 1811.5b $165,500 1,024 $161.62 9 Townsquare 415 Townsquars Ln Huntington Beach 8194 1989 18/1.5b $157.000 741 $211.80 10 Townsquare 415 Townsquare Ln Huntington Beach 10194 1989 2812b $185.000 1,019 $181.55 11 Townsquare 415 Townsquare Ln Huntington Beach 3/95 1990 213/2b $197.000 1,144 $177.20 12 ti"llas Cal Mar 606 Lake Street Huntington Beach 7/94 1988 2B125b $170.000 1,072 $158.58 13 Huntington Bay Shore 310 Lake Street Huntington Beach U94 1989 1 B/1 b $154.000 745 $206.71 14 Huntington Bay Shore 430 Lake Street Huntington Beach 5/94 1989 2B12b $168,000 1,013 $163.87 15 Huntington Bay Shore 400 Lake Street Huntington Beach 12194 1989 ii311.Sb $163,000 1,021 $159.65 PREPARED BY KEYSER MARSTON ASSOCIATES. INC FLERAME: H5tX*APS)U WZ9W: ELO C .TAB CE 4 SALES REVENUES PROJECTION 60 CONDOMINIUM UNITS PHASE "LOCK 106 HUNTINGTON BEACH, CAUFORANIA L MARKET SALES PRIG 1 BDA BA+1 DEN (1) a 22 UNITS $168.000 KNIT S3,696,0DO 1 Wil Bll+ 1 DEN + VIEW (1) 4 UNITS $185.000 A)NIT $740,000 16DM BA+1 DEN (1) 8 UNITS $178,000 KNIT $1.424.000 2 BD/2 BA (1) 19 UNITS $195,000 A1NIT $3.705,000 2 B= BA (1) 19 UNITS 5205.000 A1NIT $3.W5,000 2 B= BA + DEN (1) 8 UNITS t230.000 !UNIT s1 mo wo GROSS SALES PROCEEDS SI5.3W.000 (1) The absorption for the entire projed estimated at 3 unh per mor#L PREPARED BY: KEYSER M RSTON ASSOC_LkTES. INQ FL NWE: RES-,tANDJU: t;C VS; ELG MILES DEVELOPER PROFIT CALCULATION 90 CONDOMINIUM UNITS PHASE "LOCK i 05 H UNTINGTON BEACH, CALIFORNIA L PROF[[ GAP CALCUt- AMN GROSS SALES PROCEEDS $15,300.000 (LESS) DEVELOPMENT COSTS INCLUDING LAND _(i5,305,000} IDEVELMM FROM i .0.03% OF VALUE -0.037.0 (5F COSTS PREPARED BY. KMER MARSTON ASSOCIATES. M F LENAAAE: RES ANO.Xi ; 0129M. ELO V AMENDMENTS TO THE SUMMARY REPORT PREPARED PURSUANT TO SECTION 33433 of the CALIFORNIA COMMUNITY REDEVELOPMENT LAW NP on a DISPOSITION AND DEVELOPMENT AGREEMENT by and between the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, COULTRUP COMPANIES, MAIN PIER PHASE II PARTNERSHIP, AND BIRTCHER REAL ESTATE LIMITED R 7 On May 3, 1993, a summary report was filed by the Huntington Beach Redevelopment Agency 'Agency') pursuant to Section 33433 of the California Health and Safety Code. That report set forth certain details of the proposed Disposition and Development Agreement ("Agreement") between the Agency, Coulirup Companies. Main Pier Phase 11 Partnership (Property Owners) and Birtcher Real Estate Limited (BREL). The Agreement was executed by the Agency on July 6.1993. The executed Agreement requires the Property Owners to develop the privately owned portion of Block 1 D4, bounded by Main Street, Walnut Avenue, 5th Street and Pacific Coast Highway with a mix of commercial uses. The Agency must purchase the privately owned parcels on Block 105. bounded by 5th Street, Walnut Avenue. 6th Street and Pacific Coast Highway to allow for BREL to construct 80 to 90 condominium units. The proposed residential and commercial development is located in the Main Pier Redevelopment Area in the City of Huntington Beach. Since 1993, the Agency has been fulfilling the Agency responsibilities defined in the Agreement. During the implementation process several of the Agency cost items have been higher than were originally projected, while the projected public revenues have declined from the original estimates. This amendment quantifies these changes, and presents a comparison of the costs/revenues projected originally. versus the current projections. For reference purposes, May 3, 1995 summary report is attached to this amendment. Agency Responsibilities The Agency responsibilities defined in the Agreement commence after the completion of the Block 104 development, and. upon commencement of Block 105 development. The Agency responsibilities can be summarized as fo'lows: Responsibilities Completed to Date 1. Before the execution of the Agreement, the Agency had assembled land on Blocks 104 and 105 at a cost of $3,944,478. 2. After the execution of the Agreement, the Agency acquired a third party parcel required for the assemblage of the Block 105 site. The site was acquired at a cost of $1,080,000. 3. Before the execution of the Agreement, the Agency funded demolition, toxic remediation and relocation costs totaling $573,500. 4. After the execution of the Agreement, the Agency funded toxic remediation costs of $41.000. 5. The Agency advanced $200,000 as a reimbursement for Block 105 predevelopment expenses. To date, the Agency has spent $5.024.478 to assemble the property necessary to develop the proposed project The demolition, toxics remediation and relocation costs already incurred equal $614,5W. Men the Agency advance for predevelopment expenses is included, the Agency costs as of June 29.1995 total $5,838,978. Outstanding Responsibilities 1. 2. 3. 4. Exchange the Agency owned property, including 39.5 feet of street frontage, plus $99.000 for the Cracchiolo property that includes 50 feet of street frontage. Complete the investigation and clean-up cf toxics on the Agency -owned parcels on both Block 104 and Block 105, at an estimated cost of $259,000. Finance the public improvements required for Block 104, and the off -sites required around the perimeter of the Worthy property, at an estimated cost of $585,000. Compensate the Block 104 Property Owners and tenants for $630,000 in relocation expenses. 5. Pay any increased city permits and fees costs imposed between date of Agreement approval and ten months after the approval of the Downtown Specific Plan by the Califomia Coastal Commission. The maxmum cost cost exposure is $200,000. 2 6. Fund the interest rate differential between 8% and the prevailing interest rate at the commencement of the Block 104 development. The ma dmum interest rate assistance is set at two percentage points. Assuming the maximum level of assistance is provided, the cost to the Agency is $490,000. 7. Provide housing units to meet the state mandated inclusionary housing requirements. Assuming seven lowfmoderate income and five very -low income units are provided in an off -site location, the estimated costs are $400,000. The projected cost to complete the Agency responsibilities defined in the Agreement is $2,663,000. The resulting total implementation costs are $8.501.978. Thus, 67% of the required implementation costs have already been incurred. Agency Cost/Revenue Comparison s � The following table compares the original Agency cost estimate to the current estimates. Current Original Estimate Estimate Difference Land acquisition $5,123,478 $4,673,478 $450,000 Demolitlon/toxdcstrelocation 1,503,500 1,503.500 --0-- Public improvements 585,000 100.000 485,000 Increased city permits & fees 200.000 200,000 —0— PredeveIopment cost advance 200,000 200,000 —0— Interest rate buy -down 490,000 490.000 --0-- Affordable housing obligation 400,000 --0— 400s000 Total Cost $8,501,978 $7,166,978 $1.335,000 The Agency costs will be offset by the Block 105 land payment made by BREL, the repayment of the Block 105 predevelopment advance and the property tax increment revenues generated by the project over time. A comparison of the original projection of the revenues and net Agency casts versus the current projections follows: Land payment Advance repayment Property tax increment Total Revenues Net Agency Costs Current Original Estimate Estimate Difference $1,800,000 $1.800,000 $-0- 200,000 200.000 —0-- 1,00_5,000 1,720.00 't�7 5,000) $3,005,000 $3,720.000 ($715,000) $5.496,978 $3,446,978 $2.050,000 3 As can be seen in the tables above, the net Agency costs have increased by $2.050.000 since the original summary report was filed on May 3,. 1995. This is attributable to a $1,335,000 increase In costs, and a $715,000 decrease in projected revenues. To date, the Agency has incurred $450,000 (34%) of the $1.335,000 in additional costs, with $885,OOO left to be expended (660/6). Summary The Agency has been fulfilling the responsibilities detailed in the Agreement since 1993. To complete the responsibilities, the Agency must complete the land assemblage and toxic remediation; construct public improvements; pruAde relocation assistance to Block 104 Property Owners and tenants; pay any increase in the city pern its and fees costs; and fulfill the affordable housing obligation associated with the proposed residential development These outstanding cost items have a projected cost of $Z663,000. Overall, the Agency costs associated with the proposed project total $8,501,978. of which $5,838,978 (69%) have already been funded. Based on current market and financial conditions, it is projected that the net present value of the public revenues will total $3,005,000. As a result, the net Agency costs to implement the proposed project are $5,496,978. For reference purposes, the public cost associated with abandoning the project has also been projected. To date, the Agency has spent $5,838,978 to implement the project 1f the project was abandoned and no alternative development was attracted, there would be no public revenues to offset the costs. Thus, the Agency costs associated with a `no development' option would be approximately $342,000 higher than the net costs associated with implementing the proposed development However, at such time as the land holdings already assembled by the Agency vwre sold, public revenues would begin to accrue to the Agency. 4 TABLEI ESTIMATED DEVELOPMENT COSTS 40 CONDOMINIUM UNITS PHASE II -BLOCK 103 HUNTINGTON BEACH, CALIFORNIA L LAND COSTS ACQUISTION 31.800,000 L DIRECT COSTS OFF-SI ESANFRASTRUCTURE ALLOWANCE $329.000 SITE WORK 80 UNITS $5,000 (UNIT 400.000 DEMO) ITIORISITE CLEARANCE ALLOWANCE 196,000 BUILDING SHELL 8ZS96 SF $71.50 1SF 5.906.000 SUB PARKING 66.5W SF 518.00 13F 1,197.000 TOTAL DIRECT COSTS 58.028,000 [IL INDIRECTCOSTS ARCHITECTURE S ENGINEERING 4.0% DIRECT COSTS sm.000 PERMITS & FEES 80 UNITS $8.800 /UNIT 704.000 TAXES & INSURANCE 1.5% DIRECT COSTS 120.000 LEGAL E ACCOUNTING 1.5% DIRECT COSTS 120.000 DEVELOPMENT MANAGEMENT 3.0% DIRECT COSTS 241.000 CONTINGENCY 4.0% DIRECT COSTS 321,000 SECURITY DURING CONSTRUCTION ALLOWANCE 50.000 MARKETINGISALES OFFICE ALLOWANCE 100,000 MODEL DECORATION (NET OF RECAPTURE) 150,000 TOTAL INDIRECT COSTS SZ127.000 IV FINANCING COSTS FINANCING FEES 2.5 POINTS 5230.000 INT DURING COSST a ABSORPTION 102% INTEREST 2,497,000 TOTAL FINANCING COSTS $Z727.000 V. COST OF SALES $6m.000 VL TOTAL DEVELOPMENT COSTS $15,305,000 a PREPARED BY: KEYSER MARSTON ASSOCIATES. VC. FILE NNu!E: RES LANDXL5; 6f29195; ELG TABLE 2 NEW CONDOMINIUM SALES SURVEY MAIN -PIER II BLOCK 105 HUNTINGTON BEACH, CALIFORNIA TOTAL DATE TOTAL UNIT UNIT BASE PRICE/ SOLD ABSORP DENSITY PROD OPEN UNITS MIZ SIZE (SF) PRICE S§F fQA Nt NI SNOT U( IACI COMMENTS 1 Pierhouse 5/93 105 113/1b 800 $139,900 $174.88 105 5.0 35 Pool, Spa, Clubhouse 1200 Pacific Coast Hwy 1 B/lb 1,01.10 167.000 167.90 Single Story Flats, Sub garages Huntington Beach IBM 1.000 197,900 197.90 Converted from opts in'93. Subject to 85 year ground lease, with NPV of payments equal to $29,000. 2 Pacific Park Villas 10/94 22 2B/2b 1,460 $194.900 $133.49 14 1.8 NIA Pool, Spa, Townhouse style Talbert & Beach 2BRb 1,400 174.000 124.93 Enclosed garages, Recently Huntington Beach 2BRb 1,700 209,900 123,47 opened 3 Surferest 10194 115 213/2.5b 2,030 $272.750 $134.36 24 3.0 NIA Pool, Spa, Townhouse style Seaport L Palm Ave 38R.5b 2,140 280.450 131.05 Enclosed garages, Recently Huntington Beach 3BR.5b 2,430 355.750 146.40 opened 28+13/2.5 2.150 322.750 150.12 4 Villa Milano 1/93 33 2BRb 1,253 $170,000 $142.88 18 0.6 27 Pool, Spa, Clubhouse Warner & 5 Boise Chica 2BRb 1,375 199.000 144.73 Additional storage areas Huntington Beach 21312b 1,710 219,000 128.07 Single Story Flats, Sub garages 2812b 1.723 239.950 139.26 2812b 1,921 259.950 135.32 5 Huntington Harbor Bay 6191 36 2BRb 1,479 $255,500 $172.75 28 0.6 24 Ocean & Marina Views. N Warner Ave & 2812b 1,535 244,S00 159.28 Pool, Sauna. Spa, Clubhouse W Edgewater Ln 2131215 1,792 310,500 173.27 h Single Story Flats, Sub garages Huntington Beach 2BRb 2.161 390,500 180.70 „ SOURCE: Residential Trends, April of 1995 PREPARED BY KEYSER MARSTON ASSOCIATES, VC FILENMAE: H&COMPSAS: WSMS; ELO TABLE 3 RESALE CONDOMINIUM SURVEY MAIN -PIER It BLOCK 105 HUN11NOTON BEACH, CALIFORNIA DATE YEAR DMEOPMENT SITE ADDRESS m OF SALE BUILT 1 Pier Colony 200 PCH Huntington Beach 2194 1989 2 Pier Colony 200 PCH Huntington Beach 5194 1989 3 Pier Colony 200 PCH Huntington Beach 9194 1991 4 Pierhouse 1200 PCH Huntington Beach 11194 1989 5 Plerhouse 1200 PCH Huntington Beach 12/94 1989 6 Townsquare 415 Townsqu ate Ln Huntington Beach 5194 1900 7 Townsquare 415 Townsquare Ln Huntington Beach 6194 1969 8 Townsquare 415 Townsquare Ln Huntington Beach 7194 1989 9 Townsquare 416 Townsquare Ln Huntington Beach 8194 1989 10 Townsquare 415 Townsquare Ln Huntington Beach 10194 1989 11 Townsquare 415 Townsquare Ln Huntington Beach 3195 1990 12 Villas Del Mar 606 Lake Street Huntington Beach 7194 1988 13 Huntington Bay Shore 310 Lake Street Huntington Beach 5194 1989 14 Huntington Bay Shore 430 Lake Street Huntington Beach 5/94 1989 15 Huntington Say Shore 400 Lake Street Huntington Beach 12/94 1989 PREPARED BY KEYSER MARSTON ASSOCIATES, INC FILENAME: FIB-COMPSnS;Br29195: ELO UNIT SALE UNIT PRICE/ MIX PRICE SIZE.($F) 1B11b $132,500 $32 $159.25 2B/2b $225,000 1.250 $180.00 1B11b $135,000 827 $163.24 1 B/1 b $162.000 778 $208.23 1B/1b $178.000 789 $223.07 2B/2b $194,500 1.147 $169.57 2811.5b $187.500 1,024 $183.11 1911.5b $185.500 1.024 $161.62 1811.5b $157,000 741 $211.88 28/2b $185,000 1,019 $181.55 29/2b $197,000 1,144 $172.20 2=.5b $170,000 1,072 $158.58 1 B11 b S154.000 T45 $206.71 2B12b $168.000 1,013 $163.a7 1811.5b $163.000 1.021 $159.65 C C TABLE 4 SALES REVENUES PROJECTION 80 CONDOMINIUM UNITS PHASE II4BLOCK10S HUNTINGTON BEACH, CALIFORNIA L MARKET SALES PRIC 1 130n BA+1 DEN (1) 22 UNITS $168.000 (UNIT $3,636.000 1 BDlt SA+1 DEN + VIEW (1) 4 UNITS $185.000 KNIT $740.000 1 BD/1 BA+1 DEN (1) 8 UNITS $178,000 NNIT $1.424,000 2 BD12 SA (1) 19 UNITS $195.000 /UNIT $3.705.000 2 BOC BA (1) 19 UNITS $205,000 (UNIT $3,t395,000 2 BDC2 BA + DEN (1) 8 UNITS $230.ODO ANT $1,840,000 GROSS SALES PROCEEDS 315,300,000 (1) The absorption for the entire project estimated at 3 units per monft PREPARED BY. KEYSER MARSTON ASSOCIATES, INC. F1LE1IAME: RCS LAN =-, V2m5: ELG DEVELOPER PROFIT CALCULATION 30 CONDOMINIUM UNITS PHASE "LOCK 105 HUNTINGTON BEACH. CALIFORNIA L PROFIT GAP CALCULATION GROSS SALES PROCEEDS (LESS) DEVELOPMENT COSTS INCLUDING LAND $15,300,000 _ (15,305,000} -0.03% OFVALUE -0.03x OF COSTs PREPARED BY: KEYSER MARSTON ASSOWTES, x7C. FURAME: RE5_LANDXLS; 6r2SgS. ELG SUMMARY REPORT PURSUANT TO' SECTION 33433 O •,c��C of the CALIFORNIA COMMUNITY REDEVELOPMENT LAi�� on a DISPOSITION AND DEVELOPMENT AGREEMENT by and between the REDEVELOPMENT AGENCY OF THE CITY OF RUNTINGTON BEACH, COULTRUP COMPANIES, MAIN PIER PHASE II PARTNERSHIP, AND BIRTCHER REAL ESTATE LIMITED This summary report has been prepared for the Huntington Beach Redevelopment Agency ("Agency") pursuant to Section 33433 of the California Health and safety Code. This report sets forth certain details of the proposed Disposition and Development Agreement ("Agreement") between the Agency, Coultrup Companies, Main Pier Phase II Partnership (Property Owners) and Birtcher Real Estate Limited (BREL). The Agreement requires the Property'Owners to develop the privately owned portion of Block 104, bounded by Main Street, Walnut Avenue, 5th street and Pacific Coast Highway with a mix of commercial uses. The Agency must purchase the privately owned parcels on Block 105, bounded by 5th Street, Walnut Avenue, 6th Street and Pacific Coast Highway to allow for BREL to construct 80 to 90 condominium. units. The proposed residential and commercial development is located in the Main Pier Redevelopment Area in the City of Huntington Beach. This report describes and specifies: 1. The, cost of the proposed agreement to the Agency, including relocation costs, site clearance costs, toxic remediation costs, infrastructure costs and public parking costs; 2. The estimated value of the interests conveyed, determined at the highest uses permitted under the Redevelopment Plan; and r 3. The purchase price to be paid for the interests being conveyed. This report and the proposed Agreement are; to be made available for public inspection prior to the approval of the Agreement. A. SALIENT POINTS OF THE AGREEMENT 1.pronerty Owner Responsibilities Under the proposed Agreement, the Property Owners have the following Block 104 responsibilities. These responsibilities will be fulfilled by a partnership comprised of the various owners of the Block 104 properties and Coultrup Companies: a. The Property Owners will demolish the existing commercial structures on Block 104. b. The Property owners will design and develop Block 104 with 47,500 square feet of commercial buildings comprised of retail and office uses, respecting the separate ownership of the parcels on Block 104. The commercial development will be an integrated complex in conformance with the Main -Pier Project Area Plan. c. The Property owners are responsible for all on -site improvements on Block 104. d. The Property Owners must contribute to the toxic clean-up costs incurred on Block 104, to a maximum of $125,000. 2. BREL Responsibilities Under the proposed Agreement, within three years of DDA execution, BREL -and Coultrup Companies must fulfill the following Block 105 responsibilities: W �+ a. BREL agrees to purchase the 71,452 square foot parcel from the Agency for $1.8 million. b. BREL is' responsible for demolishing the existing improvements located on the Block 105 properties currently under private ownership. C. BREL agrees to construct 80 to 90 condominium units and a subterranean parking garage with sufficient spaces to meet the City code. d. BREL is responsible for all on -site and off -site improvements on Block 105, except that portion adjacent to the Worthy Property, to be paid by the Agency., e. As a part of the land acquisition payment, BREL has agreed to incorporate a participation formula which allows the Agency to share in the project's net profits. The participation formula will be based on the project revenues generated in excess of the approved development costs, a lot annual return on equity investment and a threshold profit of $3.2 million. Thereafter, the Agency would share in 50% of the subsequent revenues generated by the Block 105 project. The proposed participation formula will be impacted by fluctuations in the allowable development costs, the sales revenues and the time period required to sell the units. Based on current development cost and sales revenue estimates, the Agency will not receive any participation income. only if the project is significantly more successful than is currently anticipated, will the Agency receive any participation income. 3 f. At the time Block 105 is conveyed, BREL must repay the Agency advance of $200,000 in predevelopment expenses. If the agreement is terminated, Coultrup Companies shall be -responsible for the repayment. 3. Agency-_ Responsibilities After the completion of the Block 104 development, and upon commencement of Block 105 development, the Agency is responsible for and shall commit the following to the project: a. Exchange Agency owned property, including 39.5 feet of street, frontage plus $99,000 for the Cracchiolo property that includes 50 feet of street frontage. A. y b. Purchase the third party parcel necessary to complete the assemblage of the Block 105 site. The acquisition costs are estimated at $630,000, based on an appraisal conducted February 1992. c. Finance the public improvements required for Block 104, and the off -sites required around the perimeter of the Worthy property, estimated at $100,000. d. Compensate the Block 104 Property Owners and tenants for $630,000 in relocation expenses. e. Pay any increased City permits and fees costs imposed between date of Agreement approval and ten months after the approval of the Downtown specific Plan by the California Coastal Commission. This cost is estimated at $200,000. f. Advance $200,000 as reimbursement for Block 105 predevelopment expenses.' 4 �r g. Finance the investigation -and clean-up of toxics on the Agency -owned parcels on both Block 104 and Block 105, not to exceed $200,000. As a separate obligation, the Agency shall pay any necessary clean-up costs on the Sarrabere/ Wood/Goodman parcel, in an amount equal to'$100,000. h. Provide housing units to meet the State mandated inclusionary housing requirements. B. COST OF AGREEMENT TO AGENCY The estimated costs of the Agreement to the Agency are as follows: i I Land Acquisition, Relocation and Toxic Remediation Costs Already Expended $40518,000 Land Acquisition (Block 104) 99,000 Land Acquisition (Block 105) 630,000 Block 104 and 105 Public Improvements 100,000 Relocation Costs 6308000 Increased City Permits & Fees 200,000 Block 105 predevelopment cost advance 200,000 Toxic Remediation Costs -- Agency Parcels 200,000 Toxic Remediation Costs - Third Party Parcels 100,000 Total Costs to Agency $6,6771000 In addition, the Agency has agreed to accept the responsibility for two contingent liabilities: a. In the event the Downtown Master Parking Plan is not approved, the Agency will reimburse Coultrup Companies for $150,000 in predevelopment expenses. b. It is anticipated that the Block 104 development will not proceed until the Fall of 1994. At that time, the Property Owners may incur interest costs in excess of the 8% interest rate currently be;ng estimated for the Block 104 commercial improvements. The Agency has agreed to 5 fund the net present value of the interest increase up to a maximum of two percentage points. Assuming that the maximum level of assistance is provided, the cost to the Agency is $490,000. The maximum costs to the Agency after inclusion of the contingent liabilities and offsets for the public revenues, are estimated at: Total Costs to Agency $6,677,000 Plus: Interest Rate Write -down 490,000 Plus: Block 104 Predevelopment Cost Reimbursement 150,000 Total Costs Including Contingent Liabilities $7,317,000 (Less) BREL Land Payment for Block 105 (111800,000) (Less) BREL reimbursement for Block 105 predevelopment advance (200,000) (Less) 50% Equity Share in Net Profit 0) Net Costs to Agency $5,317,000 (Less) PV of Property Tax Increment Revenues (11720,000) Net Costs to Agency After Tax Increment $3,5971000 C. ESTIMATED VALUE OF THE INTERESTS TO BE CONVEYED DETERMINED AT THE HIGHEST USE PERMITTED UNDER THE REDEVELOPMENT PLAN The terms of the 'Agreement call for the Property Owners to naintain ownership of Block 104, and for the Agency to convey Block 3.05 to BREL. The determination of the estimated value of the interests to be conveyed BREL was made by R.P. Laurain & Associates in an appraisal dated September 9, 1991. The appraisal identified the highest and best use permitted under the Redevelopment Plan as a high density residential project. The appraisal determined that the fair market value for that use is $4.65 million. 6 W L 1 D. PURCHASE PRICE PAID AND REASONS FOR DIFFERENCE IN FAIR MARKET VALUE FOR THE HIGHEST USE UNDER THE REDEVELOPMENT PLAN As detailed in theSeptember 9, 1991 valuation analysis performed by R.P. Laurain & Associates, Inc., the highest and best use of the Block 105 site is a high density residential development. The fair market value of the subject site is estimated at $4.65 million, or $65 per square foot of land area. However, the Agency has limited the scope of development to 80 condominium units. This reduction in density diminishes the supportable land value to $1.8 million. The purchase price plus the participation in net profits represent fair compensation for the subject site. The 33433 report for the Coultrup project estimates land acquisition, relocation and toxic renediation costs already expended as $4,158,000. These costs are comprised of: nd Acuuisitio Tharp Energy Conley Shupe Omohundro Terry city City Total Land Acq. Demolition/Toxics Relocation Total Sunk Costs $ 352,500 176,500 352,500 295,625 1,300,000 1,382,000 (77% of costs - balance to 631,905 Abdelmuti) 21,448 $3,944,478 573,500 $4,517,978 7 The contingent liability to reimburse the Property Owners for "$150,000 in Block 104 costs is comprised of the following: If the parking plan is not approved 150,000 $1500000 8 I *, 'CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK C04NIE BROCKWAY CITY CLERK TO: Mr. Jon Coultrup FROM: Connie Brockway, City Clerk SUBJECT: Provision of Documents Related to June 5, 1995 City Council Action Re: Coultrup Companies et al - Disposition and Development Agreement DATE: July 20, 1995 Deputy City Attorney Arthur Delal-oza has provided the City Clerk's Office with the attached documents and has requested my office to provide them to you. Please Gall Mr. DeLaLoza, Deputy City Attorney, if you have any questions. The City Attorney's phone number is (714) 536-5620. 74 g:195cbmem195-100 (Telephone. 71 L-536.5227) . � i�3wiloi c Gail Hutton C+ry Ammey July 18, 1995 OFFICE of CITY ATTORNEY P.O. Box 190 2000 Main SL-ect Huntington Beach, California 92648 VIA FAX - (714) 375-4735, Coultrup Companies (714) 720-1508, Raymond Lee, Esq. andfor by CERTIFIED MAIL Coultrup Companies P.O. Box 1270 Sunset Beach, CA 90742 Telephone (714) 536-5555 Fax (714) 374-1590 Bircher Real Estate Limited 27611 La Paz Road Laguna Niguel, CA 92656 Main Pier Phase 11 Partnership r c/o Coultrup Companies, General Partner ira Cb P.O. Box 1270 . Sunset Beach, CA 90754 - m T ZU Raymond Lee, Esq. The Law Firm of Voss, Cook & Theil 840 Newport Center Drive, #700 Newport Beach, CA 92660 Michael Leifer, Esq. Palmieri, Tyler, Wiener, 2603 Main Street East Tower, Suite 1300 Irvine, CA 92714-6228 Wilhelm & Waldron NOTICE OF HEARING ON INTENTION TO TERMINATE DISPOSITION AND DEVELOPMENT AGREEMENT Date: August 7, 1995 Time: 5:00 p.m., as posted in agenda Place: Huntington Beach Council Chambers 2000 Main Street Huntington Beach, CA 92648 TO ALL ABOVE -CAPTIONED INTERESTED PARTIES AND THEIR ATTORNEYS: ddalerm i Coultrup DDA Termination Hearing July 18, 1995 Page 2 PLEASE TAKE NOTICE that a hearing on the Agency's intention to terminate the Disposition and Development Agreement approved by the Redevelopment Agency of the City of Huntington Beach on July 6, 1993 ("DDA') is set for August 7, 1995 as set forth above. The legal basis for the proposed termination is set forth in Section 210. Subsection 1, as follows: to the event any of the Agency's conditions precedent to the conveyance are not satisfied or waived by the Agency within the time periods provided herein ... Agency may, at its option terminate the agreement and any escrow opened hereunder. In the event of such termination, neither party shall have any farther rights or obligations to the other under this agreement with respect to the site ... (Emphasis added.) The specific condition precedent which has not been satisfied or waived is Subsection (xi) of the DDA, page 29, which reads as follows: The Agency shall determine, in their sole and absolute discretion, within thirty (30) days of the approval of the Downtown Specific Plan by the Coastal Commission, that the Agency has sufficient funds available to complete all of its obligations under this Agreement." Attached hereto is a certified copy of the minutes cf the Agency meeting of June 5, 1995 wherein the condition precedent, at Subsection (xi), expressly failed. Such condition has therefore not been satisfied, nor has it been waived. The issue before the Agency is whether to exercise its option to terminate the DDA since the condition cited above has failed. The material and facts which form the basis for the proposed intention to terminate are available for review at the Office of the City Clerk, 2000 Main Street, Huntington Beach, California, 92648, in the'Coultrup DDA termination" file, s You have a right to be heard on the sole issue of whether the Agency should exercise such option, since failure of the condition (Subsection xi) constitutes an adequate legal basis for termination of the agreement pursuant to the above cited Section 210, Subsection 1. of the DDA. Any written material which you would like the Agency to consider should be addressed to the Agency Counsel/City Attorney at the above address. Additionally, you will be afforded a reasonable opportunity to be heard at the hearing on August 7, 1995, during the study session portion of the agenda. ddalerm V July 18, 1995 Page 3 Any questions should be directed to Arthur DeLaLoza, whose direct line is (714) 536-5620. Meanwhile, kindly acknowledge receipt of this notice by executing and returning, by fax, the attached form. Sincerely, <411"GAIL HUTTON. City Attorney cc: Redevelopment Agency Chairperson and Members of the Board of Directors Michael Uberuaga, Executive Director, Redevelopment Agency Ray Silver. Assistant City Administrator Connie Brockway, City Clerk z ddW..erm STATEMENT OF ACTION OF THE CITY COUNCILIREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, June 5, 1994 A videotape recording of this meeting is on file in the City Clerk`s Office. Mayor Pro Tern Sullivan called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 6:30 p.m. PRESENT. Harman, Bauer, Sullivan, Dettloff, Garofalo (Green arrieved 5:15 p.m.) ABSENT: Leipzig (Redevelopment Agency) Determination Of Agency Financial Ability To Perform Obligations Under Couitrup Companies et al - Disposition And Development Acireement - Main Pier Redevelopment Proiect Area - Approved (600.30) rrwwws*wwwwrlwwwl:w�rlel�►ww**Nwwww+w*wwa+www+rrwwarwwrwwwlwr+wwwwrrwwww+wwwl+wwwwwwwrNw!*wraw►slaw+waawwwN�ww A motion was made by Bauer, seconded by Green, to make a determination that the Redevelopment Agency does not have sufficient funds available to complete all of its obligations under the Disposition and Development Agreement and direct staff to return with the 6ppropdate follow-up action. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Qehloff, Green NOES: Garofalo ABSENT: Leipzig ! Nww!!lwww!lwwiwwlwMwwwlwwwlw!!iwlwwwwfllwlwlNwlN4NlwlilNNNlwwwA!!fllwfi!lw/NN1KilNii*MwiMNiM!! • ,Page 2 - Statement of Action 05195 } Mayor Pro Tempore Sullivan adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach. ATTEST: Is/ Connie Brockway _ City Clerk/Clerk STATE OF CALIFORNIA } County of Orange } ss: City of Huntington Beach /s/ Connie Brockway City Clerk and ex-offcio Clerk of the City Council of the City of Huntington Beach, California Is/ Dave Sullivan Mayor Pro Tempore 1, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 5th day of June,1995. Witness my hand and seal of the said City of Huntington Beach this the 19th day of July,1995. Is/ Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California rxl&*r��� .,. STATEMENT OF ACTION OF THE CITY COUNCIUREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, .tune 5, 1994 A videotape recording of this meeting is on file in the City Clerk's Office. Mayor Pro Tem Sullivan called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 6.30 p.m. PRESENT. Harman, Bauer, Sullivan, Dettloff, Garofalo (Green arrieved 5:15 p.m.) ABSENT: Leipzig LRedevelopment_Agencyl_Determinati_on Of -Agency Financial Ability To Perform Obligations Under Coultrup Companies et al - Disposition And Development Agreement - Main Pier Redevelopment Proie_ct Area - Approved (600.30) raararaararaarrrwaarrwraaawwraaawwwarwrawrwwwwawrwwrrwwraarraaawarrarrwwarwwwaaarwaaaawrrawwarrrwarraraarrawrr• A motion was made by Bauer, seconded by Green, to make a determination that the Redevelopment Agency does not have sufficient funds available to complete all of its obligations under the Disposition and Development Agreement and direct staff to return with the appropriate follow-up action. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green NOES: Garofalo ABSENT: Leipzig wwarrawwarrwawwawrwwwwaawrrrwarrrrrwwaraaw+arawarraawarraaw.rawaaawwwaaarwwrrwwrarawarawwwwawrarawwwwawwwrwawrw Page 2 Statement of Action 6/5/95 Mayor Pro Tempore Sullivan adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach ATTEST /s/ Connie Brockwa City Clerk/Clerk STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) /s/ Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach California /s/ Dave Sullivan Mayor Pro Tempore I Connie Brockway the duly elected City Clerk of the City of Huntington Beach California do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 5th day of June 1995 Witness my hand and seal of the said City of Huntington Beach this the 19th day of July 1995 /s/ Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach California B y /, / &,- , �/" Deputy City Clerk a T3stmtac 195 07/19 14-20 %T 7143754735 WTR IZ 01 Coullr-up Coy tapirs 1821$ GothaN, suile 202 11untinglon !Beach (.A 92647 M. Buz 1270, Sunset lrcach, CA 90742 (714} 3'IS-4733, Vu (114) PIS-4115 TRANSMITTAL Fax:.. r} ' CZA %, P, . Attention: _ r � � ....._ . Vhcre ~gill be __L page(s) to fallow: ' If You don't receive all the pages, please call us at 714 375-4733 Comments'. ._ 4q)NL . t-VI. Ock4AMU � '60 V�-l4-?� C=:30F2`: Evil k".` oultrup DDA Termination Hearing sly '18.1995 ire 2 PLEASE TAKE NOTICE that a hearing on the Agency's Intention to terrninat3 the )position and )Development Agreement approved by the Itedavelopment Agency of the City rl Huntington Beach on July 6, 1993 ("DDAI Is set for August 7, 1095 as set forth above. n a legal basis for tho proposed termination it set forth In Section 210, Subsection -t, as to 3ws: In the event any of the Agency's conditions precedent to the conveyance are 12ot llIsfled 9r_wa1ved by the Agency within the time periods provided herein... Agency may, e I, i j 9;LIg terminate the agreement and any escrow opened hereunder. In the event of such termination, neither party shell have any further rights or obligations to the Char under iris sgreemgnt with respect to the site ... (Emphasis added.) ThL- : pecific condition precedent which has not been satisfied of waived Is Subsection (xi) of the : DA. page 29, which reads as follows: The Agency shall determine, in their sole and absoMe discratlon, Wthin thirty (30) days of tho approval of the Downtown Specific plan by the Coastal Commission, that the Agency has sufficient funds available to cam. piote All of Its obligations under this Agreement.* At it :ed hereto is a certified copy of the minutes of the Agency meeting of .k iE 5.1995 wherein the condition precedent, at Subsection (xi), expressly failed. ;iuch cc is ]on has therefore not been sstlsfled, nor has It been waived. The 9ssue before the Agency Is whether to exercise Its option tajt9%MVDjjpjh8 DOA since nd►)ion cite ove has failed. The m&-15*—,1-aTa—nd facts which form the basis for tho proposed Intefit,on to terminate are available for review at the Office of tho City Clerk, 2000 Main Street, Huntington Beach, California, 92648, In the `Caultrup DDA termination• file. , . - -- X Yt I aver a right to be heard on the sole issue of whether the Agency should exercise such 09 ' on, since fe'lure of the condition (Subsection xis constitutes an adequate legal ba is for €e ilnafion of the agreement pursuant to the above cited Section 210, Subsection 1, of the D k. f t% written material which you would like the Agency to consider should be addressed to the . it ncy CounsolfCity Attorney at the above address. do itionalty, you will be effardod a reasonable opportunity to be heard at the hearing on %ut ast 7, 1995, during the study sassion portion of the agenda. Ur{ Main -Pier Phase II/Coultru Project Description: Block 104- Mixed-use project with approximately 40,000 square feet in two comrnercial/office complexes along Main Street and Pacific Coast Highway Block 105- 80 unit condominium project on Block 105 Related parking, as entitlements specify (residential parked to code on -site) Disposition and Development Agreement: July 6, 1993 - City Council/Agency Approved Entitlements and Disposition and Development Agreement between the Redevelopment Agency, Coultrup Companies, Birtcher Real Estate Limited, and Main Pier Phase 1I Partnership (property owners) Appeal of Coastal Development Permit to be considered by the Coastal Commission at their June meeting (June 13-16) in Carmel. I Sixth Street Main -Pier Phase II Existing Property Owners BLOCK 105 WainutAvenue Worthy c t tp t 4t C`'m: a '1010 �s � yyxy?y kk ♦ < k �, ♦a 'y 9 > ♦ 4hf�♦ r b�2frY y `� S Fifth Street BLOCK 104 Lane LMA y f� > ` an,, K Iopmer t 4GEnc ��Iik 'Al MCI S�y YL 45 y vQU Y 91 } iy � , Sy ♦ f � k Pacific Coast Highway ®Redevelopment Agency #F Coultrup m Abdelmuti Property Owners Development Company Main Street Not to scale Nov 11, 1992 Disposition and Development Agreement (Approved July 6,1993) Section 210 of the DDA states: "The Agency shall determine, in its sole and absolute discretion, within 30 days of the approval of the Downtown Specific Plan by the Coastal Commission, that the Agency has sufficient funds available to complete its obligations under this Agreement." Agency Financial ]Determination • Review of Agency Costs to Construct the Main --Pier Phase H/Coultrup Project • Review of Redevelopment Agency's E Financial Condition C c The maximum costs to the Agency after inclusion of the contingent liabilities and offsets for the public revenues, are estimated at: Total costs to Agency Plus: interest rate writedown Plus: Block 104 Pre -develop cost reimb. Total costs incl/contingent liabilities (Less) BREL land pmt Block 105 (Less) BREL reimburs. - Block 105 pre -development advance (Less) 50% equity share in net profit Net costs to Agency $ 6,677,000 490,000 150,000 $ 7,317,000 (Ipopo) (200,000) (0) $ 5,317,000 (Less) PV of property T.I. revenue (1,720,000) Net costs to Agency after T.I. $ 33597,000 C r Coultrup Project Cost:Revisions That Have Occurred Since Approval of the DDA affsite Improvements $ 1.00,000 - $ 5859000 Acquisition of Wimpis Site Affordable Housing Obligation (12 Units) est. Total: Difference: $ 630,000 $1,0855000 0 $ 730,000 $ 334,500 $ 3,004,500 2,274,500 C Conditions of Approval for CUP 92-17: "Prior to issuance of building permits for construction of residential portion; Developer shall provide the city with axe Affordable Housing Program....." Section [202114. of the DDA states: "Agency shall provide replacement housing units as required by law and shall assure that a minimum i of 12 units of affordable are provided consistent with Community Redevelopment Law." Ma..i-Pier Phase II/Coultrup Remaining Agency Costs to Complete the Project 1 Craccluolo Acquisition $99,000* 2 Loan Interest Subsidy 490,000* 3 Downtime/Relocation 63011000* 4 Permit Fee Increases 200.000* Subtotal 5 Site Remediation 3002000** 6. Off -site Improvements 585,000 $ 1,419,000 7, Affordable Housing 1,334,500 (Range: $800,000 - $1,334,500) 11 Subtotal $23,219,500 Total Agency Costs $39638.500 Agency Revenues Developer Land Payment $1,800,000 Developer Advance Reimbursement 20031000 State Cleanup Fund Reimbursement 250,000 Total Agency Revenues $2,250,000 Total Agency (Cost)/Revenues ($1,388,500) Note *Line items 1-4 are capped costs listed at their maximums Line item 5 is expected to be fully recovered from the State Cleanup Fund * *Section 209 of the DDA states that the Agency may terminate the Agreement of the Cleanup Costs exceed $200 000 Present Value of Tax Increment m today's dollars is $1,005,000 This represents the tax increment that will be received from the development of the Coultrup Project from 1997-1998 to the end of the Mann -Pier Project Area Plan in the year of 2018 MAIN -PIER Project Area - Cash 'low Projections (Including Coultrup Companies Development) 1994195 1995/96 1996/97 1997/98 1998/99 EST BEGINNING CASH BALANCE $1 035 000 ($54 000) ($101 604) ($1 936 501) ($1 802 168) INCOME Tax Increment (100 A) Non-Coultrup 2 142 083 2 192 556 2 245 396 2 345 643 2 446 899 Tax Increment (100%) Coultrup Co Development 0 0 65 618 131 236 Interest 56 925 (2 970) (5 588) (106 508) (99 119) T O T (Waterfront) 500 000 525 000 551 250 578 813 607 753 Abdelmub Loan 338 700 340 505 340 505 340 505 340 50S RLM Ground Lease 253 834 253 834 253 834 253 834 253 834 Lease Payments (438 Main) 14 400 19 200 0 0 0 Land Sale (Town Sq) 27 000 54 000 54 000 54 000 54 000 Land Sale (Third Block West) O 4 620 000 0 0 0 Land Sale Pacific Park Villas _ _ 0 416 000 0 TOTAL INCOME $3 332 942 $8 418 125 $3 439 397 _ _ _0 �$3 531 905 ~ y _ _0 $3 735 108 EXPENSES NON -DISCRETIONARY Existing Bond Debt 1 179 145 1 175 905 1 175 665 1 180 985 1 179 585 Huntington National Bank Note 130 000 100 000 95 000 __ ___ 90 000_ ___ 90 000 _ Pass Thru Payments 30 761 31 376 32 004 32 644 33 297 Property Tax Collection Charge 27 771 28 326 28 893 29 471 30 060 Third Block West 0 4 120 000 0 0 0 TBW Site Remediation 0 250 000 0 0 0 Town Square Parking 18 spaces 0 0 270 000 0 0 Dnftwood Buyouts 900 000 900 000 900 000 900 000 900 000 Abdeimuti Raft SubsK"tsc 384 000 190 000 100 000 75 000 75 000 Abdeimuti Tenant Improvement Loan (2) 750 000 0 0 0 0 Facade Grant Zeidan 0 146 000 0 0 0 Phase 11(Toxics 6 Relocation) 250 000 0 0 0 0 In4ieu Parting Fees 0 120 000 60 000 60 000 60 000 Potential Litigation Costs 0 307 000 1 600 000 0 0 Trainer Facade Grant 38 000 0 0 -- _ 0 0 Sub -Total 3 689 677 7 368 608 4 261 562 2368100 2 367 942 DISCRETIONARY City Debt 89 816 450 000 450 000 450 000 450 000 Operating 126 760 132 038 138 639 145 571 152 850 Operating Admin Portion (30%) 191,203 195 027 200 878 206 904 213111 Legal Services 83 000 200 000 100 000 100 000 100 000 Legal Services Admin (30%) 11 370 23 370 23 370 23 370 23 370 Business Development (30%) 70 521 96 687 99 845 103 626 107 682 Sub -Total 571 660 1097122 1 012 732 1 029 472 1 047 013 TOTAL EXPENSES $4 261 337 $8 465 729 $5 274 294 $3 397 671 $3 414 955 Net Cost Coultrup Co s Development 64 000 NET INCOME (982,395) (47604) (1 834897) 134334 320153 Bankruptcy Claims 106 605 EST ENDING Cash BALANCE ($54,000) ($101604) ($1,936 $01) 01,802,168) ($1,482,014) The Following Mam-Pier Project Area obligations are proposed to be paid by the Hulntington Center Project Area in order to reduce the Main -Pier Expenses in view of the projected Shortfalls Huntinaton Center oavment of Main -Pier Obriaations 1994W I 1995M 1996l97 1997M 19911% Main -Pier Housing Set -Aside Obligations $428 417 $438 511 $449 079 $482 252 $515 627 Main -Pier City Debt Repayment Obligations 3601840 - — 0- 0 - --- 0 Total $788 601 $438 511 $449 079 $482 252 $515 627 MERGED XLS M P 6/2/95 2 43 PM The following Main -Pier Project Area obligations are proposed to be paid by the Huntington Center Project Area In order to reduce the Main -Pier expenses in view of the projected shortfalls Huntington Center Payment of Main -Pier Obligations• 1994195 1 199S196 1 1990' 1997/58 T 1598/99 Main -Pier Housing Set Aside Obligations $428,417 $438,511 $449,079 $482,252 $515,627 Mam-Pier City Debt Repayment Obligations 360,184 0 0 0 0 Total $788,601 $438,511 $449,079 $482,252 $515,627 HUNTINGTON CENTER Project Area - Cash Flow Projections EST BEGINNING CASH BALANCE INCOME Tax increment (80%) interest 994/95 1 1995M 1 1996197 1997/98 1 1997/98 $7 036 000 $4 859 729 $3 742,223 $2 661 917 $1 135104 955 424 978 706 1 007 472 386 980 267.285 205 822 1 028 534 1 057 174 140 905 62 431 TOTAL INCOME 1 342 404 1,245 991 1 213 294 1 169 439 11191505 EXPENSES Non -Discretionary Exrstug Bond Debt School Pass -Through Property Tax Collection Charge Berge Development HouslnpSet Valle. Maln Pier Pordon Education Reverwe Augmeretatwre Fund DISCRETIONARY City Debt city Debt Maln-pler Portion Operating Operating Admen Portion (30%) Legal Sernces Legal SwAoes Admire Portion (30%) Busene= Oeve{opment (40%) 1 040 673 1 040 073 1 043,313 1040.230 1 041 163 3 500 4 895 5 045 5 045 5 045 15 000 15 000 1513W 15 606 15 918 155 000 428 417 438 511 449 079 482,252 515 627 $139142 $0 40 $0 $0 Sub -Total 1 626 732 1 498 479 1.512,737 1698133 1 577 753 475 000 475 000 475 000 475 000 475 000 360184 0 0 0 0 39 495 41 470 43 543 45 720 48 006 182,098 191,203 200 763 210 801 221 341 5 060 5 060 5 060 5 060 5 060 11,370 23,370 23.370 23.370 23,370 94 028 128.916 133126 138168 143,576 Sub -Total 1 167,235 865 019 880 863 W8120 916,353 TOTAL EXPENSES SZT93 96T i2,363 498 $2 393 600 $2,696 253 $2 494106 NET INCOME (t1.451,663) ($1 117 SOT) ($1 180 305) ($1.426 814) ($1,374 602) Bankruptcy Claims 724 708 EST ENDING Cash BALANCE UAMIT29 53,742,29.3 S2,%IA17 1r1,135,404 (W9,398) HOUSING SET -ASIDE - Cash Flow Projections (lndudng Cou&up Companies Development) EST BEGINNING CASH BALANCE INCOME Tax Increment (20%) Five Ponts Senior Villas $250k Interest In Lieu Fee Affordable Housing (TNR) TOTAL INCOME Expenses Non-0iscretiona 1994195 I 1995M 1 1996/97 1 1997M 1 1998/99 $1 164,000 (S1,05s 185) ($911,927) ($1 052,339) ($1065165) 871 076 891 415 914291 929 424 952,576 9 500 38 000 38 000 38 000 38 000 64 020 (58 035) (50156) (57 879) (58 584) 0 0 50 000 0 0 $944,696 $971,380 $952135 $909 545 $931,992 Five Points Senior Villas Loan/Grants 100 000 100 000 100 000 100 000 0 OVE If Buyouts 150 000 0 725 Utica Loan Agreement 450 000 0 0 0 0 Thud Block West 0 0 825 000 0 0 BergeDerrelofxrient 650000 0 Pacific Park Was 300 000 450 000 0 0 0 ERAF 139142 0 0 0 0 Bnsas del Mar 243 717 0 0 0 0 Coultrw Cort>panies Developmend 1,334,5W 0 0 0 0 Sub -Total Z717,359 550 000 925 000 750 000 0 DISCRETIONARY Operating 54 671 42,368 44 486 46 711 49 046 Operating Admen Portion (10%) 55,540 57 743 60 049 62,650 651368 Legal Services 20 000 20 000 20 000 20 000 20 000 Legal Services Admen Portion (10%) 3 411 8 011 8 011 8 011 8 011 Transfer to Emerald Cc" 80 000 35 000 35 000 35 000 35 000 Mobile Home Review Committee 15 000 Sub -Total 213 622 178122 167 547 172 372 177 426 TOTAL EXPENSES "30,981 $M 122 $1092,647 $922,372 $177.426 NET INCOME (S1,986.sss) $143,2s8 ($140,412) ($12,826) $764,666 Bankruptcy Claims S232,800 EST ENDING Cash BALANCE (s1.10561185) ("11,927) (S1052,339) 1S11,0661g6) ($310699) Other Economic Factors Affecting the Main -Pier Cash Flow 1) Economic Recession Resulting in Decreasing' Tax Increment 2) Orange County Bankruptcy Resulting in 20% Reductl*on in Fund Balance 3) State Taking Tax Increment for Other State Purposes 0 The Agency needs to make a financial determination as outlined in Section 210 (xi) of the DDA which states: "In the event any of the Agency's conditions precedent to the conveyance are not satisfied or waived by Agency within the time periods provided herein and, with respect to any claimed default by either or both of the developers hereunder and the applicable developer has not cured said default within thirty days after written notice from Agency, Agency may, at its option, terminate this Agreement and'any escrow opened hereunder." Summary: Agency Project Costs Went Up Agency Revenues Went Down Recommended Action - Motion To: Make a determination that the Agency does not have sufficient funds available to complete all of its obligations under the DDA, Direct staff to return with appropriate follow-up action. �1 CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION N�►+'�G14� IiCH TO: RAY SILVER, Assistant City Administrator FROM: DAN T. VILLELLA, Director of Finance RECEIVED J U L 1 ; 1995 C1714r PUNI A , [OH BEAC4 N21111C -10-1 OFFXE SUBJECT: MAIN PIER PROJECT AREA FINANCIAL CONDITION DATE: JULY 14, 1995 In compliance with your request, we have reviewed information pertaining to the financial condition of the Main Pier Project Area. Information surveyed included: The Request for Redevelopment Agency Action dated June 5, 1995, Determination of Agency Financial Ability to Perform Obligations Under Coltrup Companies et. al., Disposition and Development Agreement (Main Pier Redevelopment Project Area; the Property Tax Increment Revenue Projections, as prepared by Vernazza Wolfe Associates, Inc.; the Economic Analysis: Phase II - Block 105 Condominiums as prepared by Keyser Marston Associates, Inc.; the Redevelopment Agency Financial Statements as of, and for the fifteen months ended September 30, 1994 as audited by KPMG Peat Marwick LLP; and miscellaneous other internally prepared and provided documents and schedules. The September 30, 1994, financial statements provide the most useful information regarding the financial status of the Redevelopment Agency since they are actual amounts that have been audited by an independent certified public accountant corporaticn. Most of the other sources of information are estimates and projections. These financial statements show that as of September 30, 1994, the Agency needs to provide an additional $117,511,000 to repay its entire debt. To fully amortize this debt over twenty-four years (to the year 2018), would require annual payments of approximately $10 million. The Main Pier Project Area's portion of this amount to be provided is approximately $88 million which would require an annual payment in excess of $7 million to pay this debt in twenty-four years. The Agency's primary source of revenue is tax increment. Vernazza Wolfe Associates, Inc., (VWA), reviewed historical assessed valuations for all of the project areas and projected future tax increment revenues through fiscal year 2003104. Their projections for the Agency range from MAIN PIER �wOJECT AREA FINANCIAL CONc6fbNS e $4,355,380 for 1994/95 to $5,351,395 for the fiscal year 2003/04. Projections for the Main Pier Protect Area were $2,142,085 and $2,599,455 for the same years respectively. In-house cash flow projections shows that the Agency intends to disburse approximately $10 million more than is estimated to be received during the five year period ending September 30, 1999. Main Pier is projected to disburse approximately $3,750,000 more than it is anticipated to receive. Material attached to the June 5, 1995, Request for Redevelopment Agency Action and subsequent schedules prepared by staff indicate that various material amounts of monies could be designated and used for the subject project. This would appear plausible since there are expected expenditures labeled as Discretionary and anticipated cash sources being dedicated to this project. It is difficult to evaluate the information prepared as projections or estimates. Such numbers often rapidly change within a relatively short time even if prepared by the same individuals. Review of the methodology, assumptions and known circumstances do not dictate that any material changes would be warranted. With the assumptions that these projections are materially accurate, the Agency would be able to proceed with this project. This is accomplished by the Agency's annual practice of increasing its total debt. The difference between being able to pay and being able to afford becomes the issue. The majority of the Agency's (and Main Piers) debts have no fixed repayment schedules. Because of minimal payments, the balance of this debt has steadily increased over the years. The Agency has not developed a repayment plan and it would be impracticable to support such a plan with an analysis of future payment sources. Hence, the City is now compelled to estimate which and how much of its advances to the Agency should be determined as uncollectible. Because the Agency and/or Main Pier Project Area will not be able to repay all of its present debts, it would not be prudent to increase debt, unless it was certain that the debt would cause generation of significantly more revenue than expenses, thereby allowing the Agency to pay more of its total debt then presently anticipated. The Keyser Marston Associates, Inc.'s, economic analysis and the California Committee's Redevelopment Law,.§33433 report indicate that the present project would not meet this criteria. The land presently owned by the Main Pier Project Area is of greater economic value than net value cf completing the project. 0013324.01 -2- 07/14195 12:45 Ph1 MAIN PIER F'' JECT AREA FINANCIAL CONP ONS The Agency, in conjunction with the City, should review its outstanding obligations and determine which debts it will attempt to honor, and the projected timing of the repayments. After this effort, the Agency will be in a much better position to analyze the affordability of potential projects. 424e 71 ��ee!Z�c DAN T. VILL LLA Director of Finance DTV:skd cc: Robert.!. Franz Art DeLaLoza 0013324.01 -3- 07114/95 12:24 PM