HomeMy WebLinkAboutHABITAT FOR HUMANITY OF ORANGE COUNTY, INC. - 2000-03-20'r
*, fe CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
�s rc it) IJc 0 7 & l -/Z
April 5, 2000
Katherine Shannon, Escrow Officer
First American Title Insurance Company
2 First American Way
Santa Ana, CA 92707
Re: Grant Deed, Memorandum of Disposition and Development Agreement,
Declaration of Covenants and Restrictions on Resale to be Recorded — Habitat for
Humanity of Orange County, Inc.
Dear Ms. Shannon:
Enclosed please find Grant Deed, Memorandum of Disposition and Development
Agreement and Declaration of Covenants and Restrictions on Resale to be recorded
and returned to Connie Brockway, City Clerk, City of Huntington Beach, P. O. Box 190,
Huntington Beach, CA 92648. Also enclosed is a certified copy of the Disposition and
Development Agreement.
When your company completes recordation, please have our enclosed copies
conformed by the Orange County Recorder and returned to us in the enclosed, self-
addressed stamped envelope.
Sincerely,
Connie Brockway, CIVIC
City Clerk
Enclosures: Grant Deed
Memorandum of Disposition and Development Agreement
Declaration of Covenants and Restrictions on Resale
Copies to be conformed and returned to Connie Brockway, City Clerk
Certified copy of Disposition and Development Agreement
Self-addressed, stamped envelope
(Telephone: 714.536-5227 )
RESOLUTION NO. 2 0 0 0- 3 0
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH
APPROVING THE TRANSFER AND SALE OF CERTAINI PROPERTY
OUTSIDE OF THE REDEVELOPMENT PROJECT AREA,
BUT IN BENEFIT TO THE
MAIN -PIER REDEVELOPMENT PROJECT SUB AREA,
TO HABITAT FOR HUMANITY OF ORANCE COUNTY, INC.,
A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION;
APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT
PERTAINING THERETO; AND MAKING CERTAIN FINDINGS
WITH RESPECT TO SUCH SALE
2422 ENGLAND STREET (formerly 602 Yorktown Avenue),
2501 ENGLAND STREET and 2419 FLORIDA STREET
(formerly 620 Yorktown Avenue)
WHEREAS, the Redevelopment Agency of the City of Huntington Beach (the "Agency")
is engaged in activities necessary to carry out and implement the Redevelopment Plan for the
Main -Pier Redevelopment Project Sub area (the "Project") and has adopted an Implementation
Plan for the Project in accordance with California Health and Safety Code Section 33490 (the
"Implementation Plan"); and
California Health and Safety Code Section 33334.2 and the Redevelopment Plan for the
Main -Pier Redevelopment Project Sub area ("Project Area") authorizes and directs the Agency
to expend not less than twenty percent (20%) of all taxes that are allocated to the Agency
pursuant to California Health and Safety Code Section 33670 (all section references herein are to
the Health and Safety Code unless otherwise specified) for the purpose of increasing, improving
and preserving the community's supply of lover and moderate income housing available at
affordable housing cost to persons and families of low and moderate income, lower income, and
very low income; and
Pursuant to applicable law, the Agency has established a Low and Moderate Income
Housing Fund ("Housing Fund"); and
Pursuant to Section 33334.2(e), in carrying out its affordable housing activities, the
Agency is authorized to provide subsidies to or for the benefit of very low income and lower
income households, or persons and families of low and moderate income to the extent those
households cannot obtain housing at affordable costs on the open market; and
Pursuant to Section 33334.2(g), Huntington Beach City Council Resolution No. 6026
dated June 26, 1989, and Agency Resolution No. 174 dated June 26, 1989, the Agency is
authorized to make expenditures from the Housing Fund outside redevelopment project areas if
such use will be of benefit to one or more of the project areas; and
41s:4-99Resolutions: City 2422 England - Habitat
Habitat for Humanity
Res. No. 2000-30
The Agency is zequired pursuant to Section 33413 to rehabilitate, develop or construct
replacement dwelling units for those units housing persons and families of lower income which
have been destroyed or removed from the lower income housing market as part of a
redevelopment project; and
The Agency has destroyed and removed certain units which housed persons of lower
income within the Project Area; and
In order to carry out and implement its affordable housing activities, the Agency proposes
to sell certain property outside of the Project Area to Habitat for Humanity of Orange County,
Inc., a California Non -Profit Benefit Corporation (the "Developer"), to construct improvements
thereon, pursuant to the terms and provisions of a certain Disposition and Development
Agreement (the "Agreement"), which Agreement contains a description of said property and
provides for the construction of three (3) residential units for sale to very low income households
(the "Development"); and
The Developer has submitted to the Agency and this City Council of the City of
Huntington Beach copies of said proposed Agreement in a form desired by the Developer; and
The Agency has reviewed and discussed said proposed Agreement, and has
recommended that the City Council approve and the Agency enter into the Agreement; and
Pursuant to the California Community Redevelopment Law (California Health and Safety
Code, Sections 33000, et seq.) the Agency and the City Council held a joint public hearing on the
proposed sale of such real property pursuant to such Agreement; having duly published notice of
such public hearing and made copies of the proposed Agreement and other reports and
documents available for public inspection and comment; and
WHEREAS, the City Council has duly considered all terms and conditions of the
proposed sale of real property and believes that the development of the real property pursuant to
the proposed Agreement is in the best interests of the City and health, safety, morals and welfare
of its residents, and in accord with the public purposes and provisions of applicable state and
local law and requirements,
NOW, THEREFORE, the City Council of the City of Huntington Beach, does hereby
resolve as follows:
1. The City Council recognizes that it has received and heard all oral and written
objections to the proposed Agreement, to the proposed sale of the real property and construction
of the improvements thereon pursuant to the proposed Agreement, and to other matters
pertaining to this transaction, and that all such oral and written objections are hereby overruled.
2. The City Council hereby finds and determines that the consideration of be paid by
the Developer for the sale of the real property as described in the Agreement is not less than the
fair reuse value at the use and with the covenants and conditions and development costs
authorized by the Agreement. The City Council hereby further finds and determines that all
2
4/s:4-99Res01utions: City 2422 England - Habitat
Habitat for Humanity
Res. No. 2000-30
consideration to be paid under the Agreement is in amounts necessary to effectuate the purposes
of the Redevelopment Plan for the Redevelopment project.
3. The City Council hereby finds and determines that the sale of the property is of
benefit to the Main -Pier Redevelopment Project Sub area, and is consistent with the
Implementation Plan.
4. The Project is categorically exempt from the provisions of the California
Environmental Quality Act ("CEQA") pursuant to Section 15303, Class 3 and Section 153012,
Class 12 of the State CEQA Guidelines.
5. The City Council finds and determines that the housing units to be constructed by
the Agreement which are restricted to persons and families of very low income quality as
replacement dwelling units for those dwelling units in the Project Area which were destroyed
and removed pursuant to the Redevelopment Project, or are required as production units under
Health and Safety Code Section 33413.
6. The sale of the real property and the Agreement which establishes the terms and
conditions for the sale and development of the real property are hereby approved.
7. The City Council hereby authorizes the City Clerk to deliver a copy of this
Resolution to the Executive Director and members of the Agency. A copy of the Agreement,
when executed by the Agency, shall be placed on file in the office of the City Clerk.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held on the 2 0 th day of March -t99q- 2000
ATTEST:
City Clerk
REVIEWS AND i PROV
'-cR- City A inistrator
3
4/s:4-99Resolutions: City 2422 England - Habitat
Habitat for Humanity
r
APPROVED AS TO FORM:
City Attorney 1),¢
��01
INITIATED AND APPROVED:
h4A C -,
Dir ctor of Economic Development
—L.-1 �)'cw
Res. No. 2000-30
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, COriNM BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted by
the affirmative vote of at least a majority of all the members of said City Council at a
regular meeting thereof held on the 20th day of March, 2000 by the following vote:
AYES: Julien, Harman, Garofalo, Green, Dettloff, Bauer
NOES: Sullivan
ABSENT: None
ABSTAIN: None
dM
City Clerk and ex-officio Cleff of the
City Council of the City of Huntington
Beach, California
Agency Resolution
ATTACHMENT #2
RESOLUTION NO. 3 0 8
A RESOLUTION OF THE REDEVELOPMENT AGENCYOF
THE CITY OF HUNTINGTON BEACH
APPROVING THE SALE OF CERTAIN PROPERTY
OUTSIDE OF THE REDEVELOPMENT PROJECT AREA,
BUT N BENEFIT TO THE
MAN -PIER REDEVELOPMENT PROJECT SUB AREA,
TO HABITAT FOR HUMANITY OF ORANCE COUNTY, INC.,
A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION;
APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT
PERTAINING THERETO; AND MAKING CERTAIN FINDINGS
WITH RESPECT TO SUCH DISPOSITION AND DEVELOPMENT AGREEMENT
AND SUCH SALE
WHEREAS, the Redevelopment Agency of the City of Huntington Beach (the "Agency")
is engaged in activities necessary to carry out and implement the Redevelopment Plan for the
Redevelopment Project (the "Project") and has adopted an Implementation Plan for the
Redevelopment Project in accordance with California Health and Safety Code Section 33490
(the "Implementation Plan"); and
Califomia Health and Safety Code Section 33334.2 and the Redevelopment Plan for the
Main -Pier Redevelopment Project Sub area ("Project Area") authorizes and directs the Agency
to expend not less than twenty percent (20%) of all taxes that are allocated to the Agency
pursuant to California Health and Safety Code Section 33670 (all section references herein are to
the Health and Safety Code unless otherwise specified) for the purpose of increasing, improving
and preserving the community's supply of low and moderate income housing available at
affordable housing cost to persons and families of low and moderate income, lower income, and
very low income; and
Pursuant to applicable law, the Agency has established a Low and Moderate Income
Housing Fund ("Housing Fund"); and
Pursuant to Section 33334.2(e), in carrying out its affordable housing activities, the
Agency is authorized to provide subsidies to or for the benefit of very low income and lower
income households, or persons and families of low and moderate income to the extent those
households cannot obtain housing at affordable costs on the open market; and
Pursuant to Section 33334.2(g), Huntington Beach City Council Resolution No. 6026
dated June 26, 1989, and Agency Resolution No. 174 dated June 26, 1989, the Agency is
authorized to make expenditures from the Housing Fund outside redevelopment project areas if
such use will be of benefit to one or more of the project areas; and
4/s:4-49Resolutions: Agency - Habitat
Habitat for Humanity
Res. -No. 308
The Agency is 'required pursuant to Section 33413 to rehabilitate, develop or construct
replacement dwelling units for those units housing persons and families of lower income which
have been destroyed or removed from the lower income housing market as part of a
redevelopment project; and
The Agency has destroyed and removed certain units which housed persons of lower
income within the Project Area; and
In order to carry out and implement such Redevelopment Plan, the Agency proposes to
sell certain property outside of the Project Area to Habitat for Humanity of Orange County, Inc.,
a California Non -Profit Benefit Corporation (the "Developer"), to construct improvements
thereon, pursuant to the terms and provisions of a certain Disposition and Development
Agreement (the "Agreement"), which Agreement contains a description of said property and
provides for the construction of three (3) residential units for sale to very low income households
(the "Development"); and
The Developer has submitted to the Agency and the City Council of the City_ of
Huntington Beach copies of said proposed Agreement in a form desired by the Developer; and
Pursuant to the proposed Agreement, the three (3) residential units in the Development (the
"Affordable Units") will a occupied by and restricted to persons and families of very low
income, at an affordable housing cost; and
Pursuant to the proposed Agreement, certain Development Costs will be paid in part from
a grant to be made by the Agency to Developer with Low and Moderate Income Housing Funds
from the Redevelopment Project; and
The Agency has reviewed and discussed said proposed Agreement, and has
recommended that the City Council approve and the Agency enter into the Agreement; and
Pursuant to the California Community Redevelopment Law (California Health and Safety
Code, Sections 33000, et seq.) the Agency and the City Council held a joint public hearing on the
proposed sale of such real property pursuant to such Agreement; having duly published notice of
such public hearing and made copies of the proposed Agreement and other reports and
documents available for public inspection and comment; and
The Project is categorically exempt from the provisions of the California Environmental
Quality Act ("CEQA") pursuant to Section 15303, Class 3 and Section 153012, Class 12 of the
State CEQA Guidelines; and
The Agency has duly considered all terms and conditions of the proposed sale of real
property and believes that the development of the real property pursuant to the proposed
Agreement is in the best interests of the City and the health, safety, morals and welfare of its
residents, and in accord with the public purposes and provisions of applicable state and local law
and requirements.
4/s:4-99Resoiu[ions: Agency - Habitat
Habitat for Humanity
Res. No. 308
i 7
NOW, THEREFORE, the Redevelopment Agency of the City of Huntington Beach, does
hereby resolve as follows:
1. The Agency recognizes that it has received and heard all oral and written
objections to the proposed Disposition and Development Agreement, to the proposed sale of the
real property and construction of the improvements thereon pursuant to the proposed Agreement,
and to other matters pertaining to this transaction, and that all such oral and written objections
are hereby overruled.
2. The Agency hereby finds and determines that the consideration of be paid by the
Developer for the sale of the real property as described in the Agreement is not less than the fair
reuse value at the use and with the covenants and conditions and development costs authorized
by the Agreement. The Agency hereby further finds and determines that all consideration to be
paid under the Agreement is in amounts necessary to effectuate the purposes of the
Redevelopment Plan for the Redevelopment Project.
3. The Agency finds and determines that expenditures from the Housing Fund as
contemplated by the Agreement will directly and specifically benefit, improve and preserve the
community's supply of lour income housing within the meaning of Section 33334.2.
4. The Agency hereby finds and determines that the sale of the property and the
expenditure of Housing Funds are of benefit to the Main -Pier Redevelopment Project Sub area,
and is consistent with the Implementation Plan.
5. The sale of real property and the Disposition and Development Agreement which
establishes the terms and conditions for the sale and development of the real property are hereby
approved.
6. The Executive Director of the Agency (or his designee) is hereby authorized to
execute the Disposition and Development Agreement on behalf of the Agency, provided that the
City Council has first approved such Agreement and the sale of the real property and the
construction of the improvements thereon pursuant thereto. A copy of the Agreement, when
executed by the Agency, shall be placed on file in the office of the Secretary of the Agency.
7. The Executive Director of the Agency (or his designee) is hereby authorized on
behalf of the Agency, to sign all documents necessary and appropriate to carry out and
implement the Agreement and to administer the Agency's obligations, responsibilities and duties
to be performed under said Agreement.
3
4/s:4-99Resofutions: Agency- Habitat
Habitat for Humanity
Res. No. 308
PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington
Beach at a regular meeting held on the 2 0 th day of March 1-999 2000
.AT TEST
Agency Clerk jF
REVIEWED AND APPROV
n _ Z
f�;plv Executive Director
4
4/s 4-99Resolutions Agency -Habitat
Habitat for Humanity
APPROVED AS TO FORM
Agency General Counsel
/z -13 -59
INITIATED AND APPROVED
[A)IA d C, CP
Dir for of Econo is Development
CAI�y 2-1%-0-0
Res. No. 308 .
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, Clerk of the Redevelopment Agency of
the City of Huntington Beach, California, DO HEREBY CERTIFY that the
foregoing resolution was duly adopted by the Redevelopment Agency of the City
of Huntington Beach at a regular meeting of said Redevelopment Agency held on
the 20th day of March , 2000 and that it was so adopted by the following vote:
AYES:
Julien, Harman, Garofalo, Green, Dettloff, Bauer
NOES:
Sullivan
ABSENT:
None
ABSTAIN:
None
Clerk of the Redevelopment Agency
of the City of Huntington Beach, Ca.
Location Map
ATTACHMENT #3
AP No. 25- 1 21-01
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YORKTOWN
r 17 5'
30'
2419 Florida Street
(formerly 620 Yorktown Ave.)
AVENUE
125' - 01 o
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SURPLUS PROPERTIES
CITY OF HUNTINGTON BEACH
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N.T.S
DEPARTMENT OF PUBLIC WORKS
PARCEL DECLARED AS SURPLUS
AP No. 25-121-01
LEGAL DESCRIPTION
PARCEL No.1., AP No. 25-121-01:
2419 Florida Street
(formerly 620 Yorktown Ave.)
THAT PORTION OF LAND WITHIN BLOCK 2406 OF THE EAST SIDE VILLA TRACT, LOCATED IN
THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON THE MAP FILED IN BOOK 4, PAGE 65 OF MISCELLAtiEOUS MAPS, IN RECORDS OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
THE SOUTH 40.00 FEET OF THE NORTH 60.00 FEET OF SAID BLOCK 2406.
EXCEPTING THEREFROM THE WEST 175.00 FEET.
THE ABOVE DESCRIBED PARCEL CONTAINS 5,000 SQUARE FEET, MORE OR LESS.
EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
- ,1
uglas . 1K t C.E 61 DATE
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VCIVIL
TF CF C Al-�FCP
AP No. 25-1 2 1 — 36
IYORKTOWN
1 � 1 25'
30'
2422 England Street
(formerly 602 Yorktown Ave.)
AVENUE
-145'
4
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SURPLUS PROPERTIES
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
30'
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N.T.S.
AP No. 25-111-39
40'
1. 145'
YORK TOWN
2501 England Street
i + 5' ----� 30' i
AVENUE
SURPLUS PROPERTIES
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
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Disposition and Development Agreement
ATTACHMENT #4
This document was electronically recorded by
r:-*:rst_American Title Insurance Company
RECORDING REQUESTED BY:
FIRST AMERICAN TITLE INSURANCE CO.
COMMERCIAL/INDUSTRIAL DIVISION
OR-2076I42-JP
WHEN RECORDED MAIL TO:
THE REDEVELOPMENT AGENCY OF
THE CITY OF HUNTINGTON BEACH
2000 MAIN STREET, 2ND FLOOR
P.O.BOX 190
HUNTINGTON BEACH, CA 92648
ATTN: CITY CLERK
Recorded in Official Records,County of Orange
Ga L- Granville, Clerk -Recorder
II Illll Illll IIIII IIIII IIIII IIIII11111111111111111111111 NO F E E
- 20000200627 10:23am 04/19/00
103 48 M 10 10 -
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
THIS SPACE FOR RECORDERS USE ONLY
MEMORANDUM OF DISPOSITION
AND DEVELOPMENT AGREEMENT
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(ADDITIONAL RECORDING FEE APPLIES)
w
'1
MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT
Recording Requested By and
When Recorded Return to:
REDEVELOPMENT AGENCY OF THE
CITY OF HUNTIN`GTON BEACH
2000 Main Street a�d`�GDr
Huntington Beach, CA 92648
Attention: n tyaRk
MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT
This Memorandum of Disposition and Development Agreement ("Memorandum"), dated
for identification purposes as „icr'" of A/49CA , 2000, is entered into by and
between THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a
public body corporate and politic ("Agency") and HABITAT FOR HUMANITY OF ORANGE
COUNTY, INC., a California nonprofit public benefit corporation ("Developer").
1. Disposition and Development Agreement. Agency and Developer have
executed a Disposition and Development Agreement ("DDA") dated for identification purposes
as of ,t�g��L, z p , 2000, covering that certain real property located in the City of
Huntington Beach, County of Orange, State of California, more fully described in the Exhibit
"A" attached hereto and incorporated herein by this reference (the "Site"). Among other
provisions, the DDA (a) provides for certain restrictions upon the construction of improvements
on the Site, (b) provides for the construction by the Developer of a certain number of dwelling
units to be sold at an affordable housing cost to persons of Very Low Income. All of the terms,
conditions, provisions and covenants of the DDA are incorporated in this Memorandum by
reference as though written out at length herein, and the DDA and this Memorandum shall be
deemed to constitute a single instrument or document.
2. Purpose of Memorandum. This Memorandum is prepared for recordation
purposes only, and in no way modifies the terms, conditions, provisions and covenants of the
DDA. In the event of any inconsistency between the terms, conditions, provisions and covenants
of this Memorandum and the DDA, the terms, conditions, provisions and covenants of the DDA
shall prevai
Tax4xmr>r+04mmlr*rt- A803cy
CITY OF NUWWKfO" :BEACH
Catty Clerk. --
4/ s:4-99AgrmHabit6uMemo-DDA
RLs 99-161
611"99
This document is solely for the
official business of the City
of Huntington Beach, as contem-
plated under Government Code
Sec. 6103 and should be recorded
free of charge.
Pan l of 3
Not by way of limitation of the foregoing, and except as specifically set forth in the DDA, the
DDA is not intended to be binding upon the purchasers of residential units developed on the Site
or upon any incorporated or unincorporated association formed to own, manage, operate or
maintain such units or the common areas within the Site, and nothing in this memorandum shall
be so�construed.
The parties have executed this Memorandum on the dates specified immediately adjacent
to their respective signatures.
HABITAT FOR HUMANITY OF
ORANGE COUNTY, INC.
a California non-profit public benefit
corporation
Bye L
Its
By
Its Sec Lary
REVIEWED AND APPROVED:
Execut a Director
ATTEST:
Agency Clerk
4:1S A-99Agree: Habitat: tit emo-DDA
RLS 99-161
61 W99
REDEVELOPMENT AGENCY OF
THE CITY OF HUNTINGTON BEACH,
a public body corporate and politic
t�rl
Chairman P,,o
INITIATED AND APPROVED:
&d e - "
Director of Economi evelopment
APPROVED AS TO FORM:
P1_1A 1 z_3 �
�/ Agency General Counsel
Page Z of 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of [�
County of
On Mcr -,-C f • PZOe-D before me, 'Ell
oats
personally appeared
Name and Title of Officer (e-g.,'Jane
otary Public")
n �
Name(s) of Signer(s) 7-
iersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persortn
whose name(41&.Osubscribed to the 'thin instrument
and acknowledge o me that-Ithe executed the
same in' heir , uthor(zed capacity{ and that by
his/her/their slgnature&on the instrument the persor�(sjt
or the entity upon behalf of which the persoiCsj acte
executed the instrument.
EL IZA5 H EHRWG
Commission # 1150021 Z WITNESS my hand and official seal.
No Cry Pubc-CaGtomla
oronge County
My Com-n. es Aug 29, 2001
signature of Notart Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
ais®e)6
Document Date: 3���av Number of Pages:
Signer(s) Other Than Named Above: v�
CapacitV(!6�Claimed by Signer(s)
Signer's Name:
I dividual
orporate Officer Q
T)tle(s): 11 Q.ti / / '� T�
❑ Partner — ❑ Limited ❑ General
= Attorney -in -Fact
p Trustee
Guardian or Conservator `--'
D Other: Top c- tr.:r-.- here
Signer 1s Representing:
3
Signer's Name: 4,,V ,=k
❑ Individual
:L�o rporateOfficer
Title(s): /"n T_e:,/ e,144 _,
F 1t Partner — ❑ Limited eneral
Attorney -in -Fact
=l Trustee _
Guardian or Conservator
-1 Other: �e c` :nJm� here
Signer Is Representing:
tr
01995 Nat,onal Notary Association " 8236 Remmet Ave., P O. Box 7184 • Canoga Park. CA 91309.7184 Prod- No 5907 Reorder: Ca'I Toll -Free 1-800-876-6827
STATE OF CALIFORNIA }
)SS.
COUNTY OF ORANGE }
On April 18, 2000 , before me. Maricel Borras
personally appeared Raymond E. Englert, Jr. and Lynda Hill
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of
which the person(s) acted executed the instrument.
WITNESS my hand and official seal. UAflZEL MRM
JMAW FLitiW • CAUFORW
COMMSM # 1148442
o
Signature
Wof Own Eqx August2t mool
(This area for official notarial seal)
3008 (1194) (General)
Firsc American Tide Company
r
EXHIBIT A TO MEMORANDUM OF
DISPOSITION AND DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION OF PROPERTY
Page 3 of 3
4 `s:4-99A¢ree- Habitat: Memo- DDA
RLS 99-161
6iIi99
LV.J7 V(,i51 V1\1 it
EXHIBIT 'AFirBiT.
PARCEL DECLARED AS SURPLUS
AI' Na 25-I11ti.9
-,-dl
LPGAL DFSC[UPTION
PARCEL. No.1, AP No. 25-III-39:
THAT PORTION OF LAND V'VITliIN BLOCK 2505 OF THE EAST SIDE EqLL.A TRACT, LOCATED IN
THE CITY OF HUNTINGrON BEACH, COUNTY OF ORANGE, STATE OF CAUFORNTIA, AS 5HOWN
ON THE MI AP FILED 1N BOOK 4, PAGE 65 OF M=LLANEOUS MAPS, LI RECORDS OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
THE NORTH 30.00 FEIiT OF THE SOUTH 50.00 FEET OF SAID BLOCK 25D5.
EXCEIF TIN IG THEREFROM THE WE Sr 145.00 FEET AND THE. EAST 30.00 FEET -
THE ABOVE DESC[t E D PARCEL. CONTAINS 3,450 SQUARE FEET. MORE OR LE.5S-
EXhIBI ''FsT A I TACT iED AND BY TH?S REFERENCE MADE A PART HEREOF_
'�1�• R. 51 DATE
C9 rr.
9i
E' 3
OF CAL�`r0
-)8' 4 (TUEi f0:3; CE�t`�"QY 21 P. 065
EXHIBIT T EX7-ISrT
PARCEL DECLARED AS SURPLUS
AP No. 25 22-36
(, d2 ���C�,,
LEGAL DESCI2I 10r
rARCEL Na.1, AP No. 25-I21-36:
THAT PORTION OF LAND VlITiIN BLOCK 24.05 OF THE EAST SIDE VILL-k TRACT, LOCATED
THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SF {OW'N'
ON THE MAP FILED IN BOOK 4, PAGE 65 OF IvUSCELLANEOUS MAPS, INT RECORDS OF SAID
COUNTY, DiSC'RI NED AS FOLLOWS;
THE SOUTH 40.00 FEET OF THE NORTH 60.00 FEET OF SAID BLOCK 2406,
EXCEi t I1iG : HERE -FROM HE W R T 30.0O FEET AND THE EAST 145.00'FEET.
THE ABOVE D`SCRiEG7 PARCEL CONTI AING 5,00D SQUARE FEET, Iv:O:RE OR LESS.
EXHIBIT ' 8" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
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EXHIBIT 'A'
PARCEL DECLARED AS SURVLUS
AP No. 25-IZI-01.
'LECAL DESCRIPTION
PARCEL NO, I, AP Na, 25-121-01:
THAT PORTION OF LAND WTMIN 13LOCK 2406 Or THE EAST SIDE VILLA TRACT, LOCATED IN
THE CIIY OF i'_UNTINGTON BEACH, COIJINW OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON THE MAP FILED INBOOK 4, PAGE 65 OF ?MISCELLANEOUS MAPS, IN RECORDS OF SAID
COUNTY, OESCRMED AS FOLLOWS:
THE SOUTH 40.00 FEET OF THE NORTH 60.00 FEET OF SAID BLOCK 2405,
EXCEPTING THEREFROM 7HE WEST 175.00 FF-f T .
TFTE ABOVE DESCRIBED PARCEL CONTAINIS 5,000 SQUARE FEET, MORE OIc LESS.
EXHIBP.''B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
l
DATE
/51
This document was electronically recorded by
• First American Title insurance Company
co.
RECORDING REQUESTED BY:
Recorded in Official Records -County of Orange
Ga L Granville, Clerk -Recorder
FIRST AMERICAN TITLE INSURANCE CO. �j �N�l����� ����� ����� l��j� ����� ���1� ���1� ����� �l�ll �lj NO F E E
COMMERCIAL/INDUSTRIAL DIVISION VCE 20000200626 10:23am 04/19/00
SIO14 1 03 48 D02 13
0.00 0.00 0.00 0-00 0.00 0.00 0.00 0.00
OR-2076142-JP
WHEN RECORDED MAIL TO:
THE REDEVELOPMENT AGENCY OF
THE CITY OF HUNTINGTON BEACH
2000 MAIN STREET, 2ND FLOOR
P.O.BOX 190
HUNTINGTON BEACH, CA 92648
ATTN: CITY CLERK
THIS SPACE FOR RECORDERS USE ONLY
DECLARATION OF COVENANTS AND
RESTRICTIONS ON RESALE
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(ADDITIONAL RECORDING FEE APPLIES)
DECLARATION OF COVENANTS
AND RESTRICTIONS ON RESALE
RECORDING REQUESTED BY }
AND WHEN RECORDED MAIL TO: )
01,2A cf a f fhb << fx C/" )
)
(Space above for Recorder's use.)
THIS DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS FOR
PROPERTY (the "Declaration") is made by and between HABITAT FOR HUMANITY OF
ORANGE COUNTY, INC., a California nonprofit public benefit corporation (the "Covenantor")
and THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public
body corporate and politic (the "Agency" or "Covenantee") as of the date set forth below.
RECITALS
A. Covenantor and the Agency have entered into a certain Disposition and
Development Agreement dated ,mod, pQ , 2000 (the "Agreement", a copy of
which is on file with the Agency at its offices and is a public record) pursuant to which the
Covenantor has agreed to subject certain real property (referred to in the Agreement as the "Site"
and referred to herein as the "Property") described in the "Legal Description of the Property"
(which is attached hereto as Exhibit "A" and incorporated herein by this reference) to certain
covenants, conditions and restrictions.
B. The Community Redevelopment Law (California Health and Safety Code 33000
et seq.) provides that a redevelopment agency shall establish covenants running with the land in
furtherance of redevelopment plans.
NOW, THEREFORE, the parties hereto agree and covenant as follows:
1. Affordability Covenants.
Covenantor agrees for itself, and its successors and
assigns, and every, successor to Covenantor's
interest in the Property, or any part thereof that for
sixty (60) years from the date the Property
is last sold or transferred to any subsequent purchaser
or transferee (the "Expiration Date"):
TaxiExempt-Government Agency
a OF HUNTINGTON BEACH
c
Page I of 6 i" his document is solely for am
41s:4-99Agree:Hab' :Rate _ _ -`
official business of the City `
R1.S 99-161 ',� i
of Huntington Beach, as contegn.
611M - ,_.
plated under Government Code
Deputy -
Sec. 6103 and should be recorded-
-free of charge.
(a) The Property shall only be owned and occupied by Covenantor or persons
or families of "Very Low Income." "Very Low Income" shall mean persons or families earning
Fifty Percent (50%) or less of Orange County median income, adjusted for appropriate family
size.
(b) The Property shall be kept available at Affordable Housing Cost (as
defined below) to the Covenantor or other persons or families of Very Low Income. Affordable
Housing Cost shall mean, as to each person or family of Very Low Income, that purchase price
which would result in monthly housing payments which do not exceed an amount under any
currently prevailing conventional home mortgage lending rates applied by any reputable
institutional home mortgage lender, or the lending rates of any government -subsidized or special
ID
mortgage program for which such person or family qualifies and has obtained a first trust deed
loan, which do not exceed Thirty Percent (30%) of Fifty Percent (50%) of the Orange County
monthly median income for those persons and families of Very Low Income, as determined by
the United States Department of Housing and Urban Development.
(c) The covenant contained in this Section 1 shall run with the land. The
Expiration Date for the covenant contained in this Section 1 shall be sixty (60) years from the
date the Property is last sold or transferred.
2. Transfer of Property. No transfer of the Property shall occur until the Agency
determines (a) that the proposed purchaser intends to occupy the Property as the proposed
purchaser's principal residence, (b) that the proposed purchaser is a person or family of Very
Low Income, (c) that the proposed transfer occurs at an Affordable Housing Cost. The Agency
shall not be obligated to approve a transfer until and unless the proposed purchaser has
submitted to the Agency such information and completed such forms as the Agency shall request
to certify the proposed purchaser's intent with respect to its residency of the Property and its
gross income, and the proposed purchaser has submitted an affidavit disclosing and certifying the
amount of the proposed purchase price. Prior to conveyance of the Property, each approved
purchaser shall submit to the Agency an executed disclosure statement which certifies that the
purchaser is aware that the purchaser buying may only sell the unit at an Affordable Housing
Cost to a Very Low Income person or family, that the maximum permitted sales price may be
less than fair market value and that the unit must be owner -occupied at all times and cannot be
rented or leased. Covenantor shall cooperate with the Agency in providing such forms to
proposed purchasers and in assisting proposed purchasers to prepare such forms and to provide
any required information to the Agency in connection with the Covenantor's original sale of the
Affordable Unit, provided that the Covenantor shall not be obligated to incur any out-of-pocket
costs in connection therewith, other than employee time dedicated to providing such assistance.
THE COVENANTOR AND EACH SUCCESSOR, HEIR OR ASSIGN OF
COVENANTOR UNDERSTANDS THAT THE DETERMINATION OF THE AFFORDABLE
HOUSING COST CAN BE MADE ONLY AT THE TIME OF THE PROPOSED TRANSFER,
TAKING INTO CONSIDERATION INTEREST RATES, THE TERMS OF SALE OFFERED
TO AND THE ECONOMIC CIRCUMSTANCES OF THE PROPOSED PURCHASER AND
OTHER FACTORS THAT CANNOT BE ACCURATELY PREDICTED, AND THAT THE
TRANSFER PRICE PEMMITTED HEREUNDER MAY BE LESS THAN THE FAIR
z
Page 2 of 6 '
4ls:4-99Agree:Habitat:Resaie r
RLS 99-161 — Z.
6lli'99 Y
-1
MARKET VALUE OF THE PROPERTY AND MAY NOT INCREASE OR DECREASE IN
THE SAME MANNER ER AS OTHER SIMILAR REAL PROPERTY WHICH IS NOT
ENCUMBERED BY THIS RESTRICTION. COVENANTOR AND EACH SUCCESSOR,
HEIR OR ASSIGN OF COVENANTOR FURTHER ACKNOWLEDGES THAT AT ALL
TIMES IN SETTING THE TRANSFER PRICE THE PRIMARY OBJECTIVE OF THE
AGENCY AND THIS DECLARATION IS TO PROVIDE HOUSING TO ELIGIBLE
PERSONS OR FAMILIES AT AN AFFORDABLE HOUSING COST.
- zt
Covenantor Initials
The covenant contained in this Section 2 shall run with the land. The Expiration
Date for the covenant contained in this Section 2 shall be sixty (60) years from the date the
Property is last sold or transferred.
3. Non -Discrimination Covenants. Covenantor covenants by and for itself, its
successors and assigns, and all persons claiming under or through them that there shall be no
discrimination against or segregation of any person or group of persons on account of race, color,
religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure, or enjoyment of the Property, nor shall Covenantor itself or any person
claiming under or through it, establish or permit any such practice or practices of discrimination
or segregation with reference to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees, or vendees in the Property.
Covenantor and its successors and assigns, shall refrain from restricting the rental
or lease (if permitted by Covenantor) or sale of the Property on the basis of race, color, religion,
sex, marital status, national. origin or ancestry of any person. All such deeds, leases or contracts
shall contain or be subject to substantially the following nondiscrimination or nonsegregation
clauses:
(a) In deeds: "The grantee herein convenants by and for himself or
herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or
through them, that there shall be no discrimination against or segregation of, any person or group
of persons on account of race, color, religion, sex, marital status, national origin or ancestry in
the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein
conveyed, nor shall the grantee himself or herself or any person claiming under or through him
or her, establish or permit any such practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants,
sublessee or vendees in the land herein conveyed. The foregoing convenants shall run with the
land."
(b) In leases: "The lessee herein covenants by and for himself or herself,
his or her heirs, executors, administrators and assigns, and all persons claiming under or through
him or her, and this lease is made and accepted upon and subject to the following conditions:
Page 31 of 6 '
Afs:4-99Agree:Ilabitat-Resale
RLS 99-161 - —
611;99 4
y -
"There shall be no discrimination against or segregation of any person or
group of persons on account of race, color, religion, sex, marital status. ancestry or national
origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the
premises herein leased nor shall the lessee himself or herself, or any person claiming under or
through him or her, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of tenants,
lessees, sublessees, subtenants or vendees in the premises herein leased."
(c) In contracts: "There shall be no discrimination against or segregation of,
any person, or group of persons on account of race, color, religion, sex, marital status, ancestry
or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of
the premises, nor shall the transferee himself or herself or any person claiming under or through
him or her, establish or permit any such practice or practices of discrimination or segregation
with reference to the selection, location, number, use or occupancy of tenants, lessees,
subtenants, sublessee or vendees of the premises."
Nothing in this Section 3 shall be construed to authorize the rental or lease
of the Property if such rental or lease is not otherwise permitted. The covenants in this paragraph
3 shall run with the land in perpetuity.
4. Covenants Do Not Impair Lien. No violation or breach of the covenants,
conditions, restrictions, provisions or limitations contained in this Declaration shall defeat or
render invalid or in any way impair the lien or charge of any mortgage or deed of trust or
security interest.
5. Covenants for Benefit of City and Agency. All covenants without regard to
technical classification or designation shall be binding for the benefit of the Covenantee and the
City of Huntington Beach (the "City") and such covenants shall run in favor of the Covenantee
and the City for the entire period during which such covenants shall be in force and effect,
without regard to whether the Covenantee or the City is or remains an owner of any land or
interest therein to which such covenants relate. The Covenantee and the City, in the event of any
breach of any such covenants, shall have the right to exercise all the rights and remedies and to
maintain any action at law or suits in equity or other proper legal proceedings to enforce and to
cure such breach to which it or any other beneficiaries of these covenants may be entitled during
the term specified for such covenants, except the covenants against discrimination which may be
enforced at law or in equity at any time in perpetuity.
Page 4 of 6 '
4 s:4-99_igree:11abitat:Resale -
RLS 99-161 i
6/ 1199
IN WITNESS WHEREOF, the Covenantee and Covenantor have caused this instrument
to be executed on their behalf by their respective officers hereunto duly authorized, this 't�day
of /'? �— , 2000.
COVENANTOR:
HABITAT FOR HUMANITY OF ORANGE
COUNTY, INC., a California nonprofit
public benefit corporation
By
Its
INITIATED AND APPROVED:
Di&,d e- 00
rector of Economic Development
COVENANTEE:
THE REDEVELOPMENT AGENCY OF
THE CITY OF HUNTINGTON BEACH,
a pRblic body corporate and politic
Chairman *Pro
ATTEST:
Agency Clerk
APPROVED AS TO FORM:
X�Agency Counsel
REVIEWED AND APPROVED:
Ste'
Executi Director
page of 6 "
4's:4-99Agree-llabitat:Resale '—
RLS 99-161
611 /99 '
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of C .9
County of 0 rve,"
On INkle-7 aT o2O00
personally appeared %a m
before me, �124-,6444 .Virirr
Name and Title of Off cer I,.y `
0rias7 a.,sd ` Rrc
Narreisi of Signerisl
Xpersonally known to me - OR - - proved to me on the basis of satisfactory evidence to be the person sn
whose name(EPOAaresubscribed to the within instrument
and acknowledge to me that he�eh- executed the
same in uthorized capacity=, and that by
hisfHe hei ignatureMon the instrument the person.
or the entity upon behalf of which the persoro acted,
executed the instrument.
A3=T c-
±zh ;RIh�
COmmi55blic - Cal;fomia Cn� 11500 1
No,ary PuZ WITNESS my hand and official seal.
7. z :�m
�-Orange County eyy�
x ' My Corn-i. EKplre] �g 2%, 2001
Sianatu-e of No:ary Pubric
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
�►l[2 rub p7�
Title or Type of Document: b,"
c 4 [ye v�yaG-h /S Araep( ��5�r~i G�/ ffn,S
Document Date:
Signer(s) Other Than Named Above: /Va_�
Capacit�Claimed by Signer
Signer's Name: 7r'N / rn cL-y>r
Individual
Corporate Officer -
Title(s):
= Partner — ❑ Limited C General
Attorney -in -Fact
Trustee _
-' Guardian or Conservator ,
W1 Other: I oc c.= :rjr"c here
Signer Is Representing:
Number of Pages: 6
Signer's Name: .Urdc1�wj
dividual
Corporate Officer
Title(s): ReNp
= Partner — ❑ Limited EfGeneral
Attorney -in -Fact
Trustee
Guardian or Conservator
- Other:
Signer Is Representing
0 1995 1tiat-onal Notary Assocalion - 8236 Remme: Are.. P.O. Box 7184 • Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder: Call Tch-Free 1-800-876-6827
STATE OF CALIFORNIA
COUNTY OF ORANGE
On April 18, 2000 , before me, Maricel Borras
personally appeared Raymond E. Englert, Jr. and Lynda Hill
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) isiare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of
which the person(s) acted executed the instrument.
WITNESS my hand and official seal.
}G-�
Sto�naturef(%"ll e
(This area for official notarial seal)
61lAHrCB FuBQARAS
' :� lgTAfiY euc - CAi1<
�Oru4pSSKN O I149M
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3008 (1194) (General)
First American Tide Company
EXHIBIT oflo
LEGAL DESCRIPTION
ATTACHED HERETO-
Page 6 of 6
4:'s:4-99 agtee:l labitat: Resale
RLS 99-161
6i1i99
,, •��?��:D9' �'$ ('�If£5 t�:3? �E��-,Qti, 2I F. OG,�
EXHIBITT „
PARCEL DECLARED AS STJRPLUS
AP No. 25- 2;-36
LEGAI; DESCRIPTr0N
rARCEL No. I, AP No. 25-I23-36.
THAT PORTION OF LAND WM-II BLOCK 2405 OF THE EAST S;DE VTLL4 TRACT, LOCATED W
THE CITY OF HUNTINGTON REACH, COU.\rrY OF ORANGE, SrATE. OF CALIFORNIA, AS SHOWS ,i
ON THE MAP FILED IN BOOK 4, PAGE 65 OF WSCELLANEOUS MAPS, W , RECORDS OF SAID
C0ULNTY, DLSCRMED AS FOLLOWS:
THE SOL7H 40.00 FEET CF THE NORTH 60.00 FEE': OF SAID BLOCK 2406.
EXCET'TING THEREFROM 1TIE WEST 20.00 FEET AVID THE EAST 145.00 FE�r.
THE ABOVE DESCRIBED PARCEL COIv'TAWS 5,000 SQUARE FEET, MOIRE OR LESS.
EXHIBIT " S" ATTACHED AND BY THIS REFERENCC MADE A PAR T F.r- (EOF.
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CIVIL-
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1-7
EMMT.T rA
EXHIBIT
PARCEL DECLARED AS SURPLUS
AP No. 25-12Y-01 .
UEGAI'.. DESCRIPTION
]PARCEL No,1, AP No. 2S-I21-02:
THAT PORTION OF LAND YrtFMIN BLOCK 2406 OF THS EAST SIDE VILLA T-ZACT, LOCATED IN
'ih"E CITY Of HUNT INGTON BEACH, COLUII'TY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON THE MAP FILED rN' BOOK 4, PAGE 65 OF 141SCELLANFrOUS MAPS, IN RECORDS OF SAID
COUNTY, DF—r-CRIBED AS FOLLOWS:
THE SOUTH 40.00 FEET OF THE NORTH 60.00 FEET OF SAID BLOCK 2 06,
r
EXCEPTING THEREI-ROM THE WEST 175.00 FEET.
THE ABOVE DESCRIBED PAr%CEL CaNTAINS 5,000 SQUARE. FEET, MORE OR LESS.
EXHIBIT 'B" ATTACHED AND BY THIS REFERENCE MADE A PART hEREOF.
I �7
DATE
F.OII
E:MIBIT qW t1 Ar
PARCEL DECLARED AS SURPLUS
All No. 25-I11--39
-1:5oti E�
LEGAL DESCRIPTION
PARCEL No. 1, AF No- 25-111-39:
THAT PORTION OF LAND WYFEI't BLOCK 2505 OF THE EAST SIDE VILLA TRACT, LOCATED LN
TEM CITY OF 1iU.NTINGTONT BEACH, COUNTY OF ORANGE, STATE OF CALIFOMA, AS SHOWN
ON THE MI AP FILED IN BOOK 4, PAGE 55 OF MLECELLANEOUS MAPS, LN RECORDS OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
THE NOiZTH 30.00 FEIZ- OF THE SO"JTI-i 50.00 FEET OF SAID BLOCK 2505.
EXCEPTING THEREFROM THE WEST 145.00 FEET AND THE EA-S 30,00 FEET.
THE ABOVE DESCRIBED PARCEL CONTAINS 3,450 SQUARE FEE '1, ?.00ZE OR LESS.
EXHIBIT ''B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
-771
GPI, R_ 61 DATE
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REGORMKOAST, ED BY
FIRST AhhMW= sr` NCE COMPANY
RECORDING REQUESTED BY: )
AND WHEN RECORDED MAIL TO: )
The Redevelopment Agency of )
the City of Huntington Beach )
2000 Main Street
P.O. Box 190 )
Huntington Beach, CA 92648 )
Attn: et `T . )
e�� c•14� w f.IC, x" l6J _1_1Z_
-Lo-1 61 BIZ - SR
This document was electronically recorded by
First American Title Insurance Company 5-t�'°"
ciikks Cal
oYu b1NnI. T EW- Div
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MPTfn[W4II
Recorded in Official Records,County of Orange
} hh,
ranville, Clerk -Recorder
lliNllllllllllllllllllll NO FEE
' 20000200625 10:23am 04/19/00
}1 103 48 G02 13
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
The undersigned Grantor declares:
Documentary transfer tax is
S
THE REDEVELOPMENT AGENCY OF
THE CITY OF HUNT'INGTON BEACH
By: ��= 6A114W,
Its: £Xs: ufrUF_ '��Ne�krSr
Dated: /Hcws.A a o 12000
GRAI T DEED
U
cU
For valuable consideration, receipt of which is hereby acknowledged, the REDEVELOPMENT
¢ m
AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body, corporate and politic, of the State Z
of California, herein called "Grantor" acting to carry out the Redevelopment Plan, herein called
� 0
"Redevelopment Plan" for the Redevelopment Project, herein called "Project", under the Community
E z
Redevelopment Law of California, hereby grants to HABITAT FOR HUlvIA1�TITY OF ORANGE
o Z
COUNTY, INC.. a California nonprofit public benefit corporation, herein called "Grantee", the real
,
property hereinafter referred to as the "Property", described in Exhibit A attached hereto andU.
e _
incorporated herein, subject to the existing easements, restrictions and covenants of record described
15 O
there.
Y
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1. Grantor excepts and reserves from the conveyance herein described all interest of the
Grantor in oil, gas, hydrocarbon substances and minerals of every kind and character lying more than 500
feet below the surface, together with the right to drill into, through, and to use and occupy all parts of the
Property lying more than 500 feet below the surface thereof for any and all purposes incidental to the
exploration for and production of oil, gas, hydrocarbon substances or minerals from said site or other
lands, but without, however, any right to use either the surface of the Property or any portion thereof
within 500 feet of the surface for any purpose or purposes whatsoever.
This document is solely for the
official business of t-ZA Cii�,r
fit;--r ?, as contem-
R:�Eor;Gc°L:�rrii-11eE i Code
41SA-99Agree:Habitat: GrmDeed Sec. 8103 and shoLdd be Peccrded
RLS 99-161 Page 1 of 5 Vaa 0V chwga,
6/1, 99
U
a
a
2. The Property is conveyed in accordance with and subject to the Redevelopment Plan
which was approved and adopted by Ordinance No. 2577 of the City Council of the City of Huntington
Beach, and a Disposition and Development Agreement entered into between Grantor and Grantee dated
I Q coo (the "DDA"), a copy of which is on file with the Grantor at its offices as a public
record and which is incorporated herein by reference.
3. The Grantee shall devote the Property only to the development permitted and the uses
specified in the applicable provisions of the Redevelopment Plan for the Project (or any amendments
thereof approved pursuant to paragraph 9 of this Grant Deed), and this Grant Deed, whichever document
is more restrictive.
4. The Property is conveyed to Grantee at a purchase price, herein called "Purchase Price",
determined in accordance with the uses permitted. Therefore, Grantee hereby covenants and agrees for
itself, its successors, its assigns, and every successor in interest to the Property that the Grantee, such
successors and such assigns, shall develop, maintain, use and operate the Property only as follows:
(a) Grantee shall develop the Property, together with certain adjacent real property
owned by Grantee (collectively referred to in the DDA as the "Site") for residential housing uses, as set
forth in the DDA.
(b) Grantee shall make available all of the residential units to be developed on the
Site to "Very Low Income Households", as set forth in the DDA and the attachments thereto.
(c) For the period of time set forth in the DDA, Grantee shall maintain the
improvements on the Property in conformity with the Huntington Beach Municipal Code and shall keep
the Property free from any accumulation of debris or waste materials. During such period of time,
Grantee shall also maintain the required landscaping in a healthy condition. If, at any time during the
period that this maintenance covenant is in effect, Grantee fails to maintain said landscaping, and said
condition is not corrected after expiration of fifteen (15) days from the date of written notice from the
Grantor, either the Grantor or the City of Huntington Beach may perform the necessary maintenance and
Grantee shall pay such costs as are reasonably incurred for such maintenance.
(d) Prior to Grantor's issuance of a Certificate of Completion for the project to be
developed on the Site pursuant to the DDA, Grantee shall not sell, transfer, subdivide, or convey all or
any portion of its interest in the Site without the prior approval of the Grantor except as permitted in the
DDA.
5. The Grantee agrees for itself and any successor in interest not to discriminate upon the
basis of race, color, creed, national origin, ancestry, sex, marital status or religion, in the sale, lease, or
rental or in the use or occupancy of the Property hereby conveyed or any part thereof. Grantee covenants
by and for itself, its successors, and assigns, and all persons claiming under or through them that there
shall be no discrimination against or segregation of, any person or group of persons on account of race,
color, creed, national origin, ancestry, sex, marital status or religion in the sale, lease, sublease, transfer,
use, occupancy, tenure, or enjoyment of the Property, nor shall the Grantee itself or any person claiming
under or through it, establish or permit any such practice or practices of discrimination or segregation
with reference to the selection, location, number, use or occupancy of tenants, Iessees, sub -tenants,
sublessees, or vendees in the Property. The foregoing covenants shall run with the land.
6. No violation or breach of the covenants, conditions, restrictions, provisions or limitations
contained in this Grant Deed shall defeat or render invalid or in any way impair the lien or charge of any
415:4-99Agree_Habita1: GrntDeed
RLS 99-161 Page 2 of 5
611199
mortgage or deed of trust or security interest permitted by the DDA; provided, however, that any
subsequent owner of the Property shall be bound by such remaining covenants, conditions, restrictions,
limitations and provisions, whether such owner's title was acquired by foreclosure, deed in lieu of
foreclosure, trustee's sale or otherwise.
7. All covenants contained in this Grant Deed shall be covenants running with the land.
Grantee's obligation to develop the Improvements on the Property and the Site as described in the DDA
and Paragraphs 2 and 4(a) hereof, and the covenants and restrictions set forth in Paragraph 4(d) hereof,
shall terminate and shall become null and void upon recordation of a Certificate of Completion pursuant
to the DDA. The covenants and restrictions in Paragraph 4(b) of this Grant Deed relating to Grantee's
obligation to make a certain number of residential units available to Very Low Income Households shall
terminate and become null and void at the end of the "Affordability Period" as defined in the DDA. The
covenants contained in Paragraph 4(c) shall continue in effect during the time period specified in the
DDA. Every covenant contained in this Grant Deed against discrimination contained in paragraph 5 of
this Grant Deed shall remain in effect in perpetuity. After the expiration of any of the aforesaid
covenants and restrictions, as provided herein, Grantor agrees to cooperate with Grantee in causing such
covenants to be removed as an encumbrance upon the Site and releasing any purchaser and encumbrancer
for value from such restrictions, as otherwise consistent with the purposes of this Agreement.
8. All covenants without regard to technical classification or designation shall be binding
for the benefit of the Grantor, and such covenants shall run in favor of the Grantor for the entire period
during which such covenants shall be in force and effect, without regard to whether the Grantor is or
remains an owner of any land or interest therein to which such covenants relate. The Grantor, in the
event of any breach of any such covenants, shall have the right to exercise all the rights and remedies and
to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such
breach.
9. Both before and after recordation of a Certificate of Completion, both Grantor, its
successors and assigns, and Grantee and the successors and assigns of Grantee in and to all or any part of
the fee title to the Property shall have the right to consent and agree to changes in, or to eliminate in
whole or in part, any of the covenants, easements or restrictions contained in this Grant Deed without the
consent of any tenant, lessee, easement holder, licenses, mortgages, trustee, beneficiary under a deed of
trust or any other person or entity having any interest less than a fee in the Property. The covenants
contained in this Grant Deed, without regard to technical classification shall not benefit or be enforceable
by any owner of any other real property within or outside the Project Area, or any person or entity having
any interest in any other such realty.
10. Grantee agrees for itself, and its successors and assigns, and every successor to Grantee's
interest in the Property, or any part thereof that for sixty (60) years from the date of recordation of this
Grant Deed for the Property (the "Expiration Date"):
(a) The Property shall only be owned and occupied by Grantee or persons or
families of "Very Low Income." "Very Low Income" shall mean persons or families earning Fifty
Percent (50%) or less of Orange County median income, adjusted for appropriate family size.
(b) The Property shall be kept available at Affordable Housing Cost (as defined
below) to the Grantee or other persons or families of Very Low Income. Affordable Housing Cost shall
mean, as to each person or family of Very Low Income, that purchase price which would result in
monthly housing payments which do not exceed thirty percent (30%) of Fifty Percent (50%) of the
4's-4-99Agree:Habitat: GmtDeed
RLS 99-161 Page 3 of 5
6.'1:99
Orange County monthly median income for those persons and families of Very Low Income, as
determined by the United States Department of Housing and Urban Development.
(c) The covenant contained in this Section 10 shall run with the land and shall
automatically terminate and be of no further force or effect upon the Expiration Date.
11. No transfer of the Property shall occur until the Agency determines (a) that the proposed
purchaser intends to occupy the Property as the proposed purchaser's principal residence, (b) that the
proposed purchaser is a person or family of Very Low income, and (c) that the proposed transfer occurs
at an Affordable Housing Cost. The Agency may require such information and completed forms as
needed to certify the transfer price and proposed purchaser's intent with respect to its residence in the
unit and its gross income. Prior to any conveyance of an Affordable Unit, each approved purchaser shall
be required to submit to the Agency an executed disclosure statement which certifies that the purchaser is
aware that the purchaser may only sell the unit at an Affordable Housing Cost to a Very Low Income
Household, that the maximum pennitted sales price may be less than fair market value and that the unit
must be owner -occupied at all titres and cannot be rented or leased without the prior written consent of
the Agency. Grantee shall cooperate with the Agency in providing such forms to proposed purchasers
and in assisting proposed purchasers to prepare such forms and to provide any required information to
the Agency in connection with the Grantee's original sale of the Affordable Unit, provided that the
Grantee shall not be obligated to incur any out-of-pocket costs in connection therewith, other than
employee time dedicated to providing such assistance.
The Developer intends to reserve a Right of First Refusal to repurchase any Affordable
Unit upon any proposed transfer thereof, as more particularly described in Declaration of Covenants and
Restrictions on Resale (Attachment No. 9 to the Disposition and Development Agreement). Upon receipt
of the executed disclosure statement referred to hereinabove, if the Developer does not exercise its Right
of First Refusal to repurchase any Affordable Unit, the Agency shall have the right in its sole discretion
to repurchase any such Affordable Unit from the owner thereof at an Affordable Housing Cost as defined
herein, by paying the owner the Affordable Housing Cost in cash within 60 days of the exercise of this
repurchase right by the Agency.
THE GRANTOR, GRANTEE AND EACH SUCCESSOR, HEIR OR ASSIGN OF
GRANTEE AND GRANTEE UNDERSTANDS THAT THE DETERMINATION OF THE
AFFORDABLE HOUSING COST CAN BE MADE ONLY AT THE TIME OF THE PROPOSED
TRANSFER, TAKE IG INTO CONSIDERATION INTEREST RATES, THE TERMS OF SALE
OFFERED TO AND THE ECONOMIC CIRCUMSTANCES OF THE PROPOSED PURCHASER AND
OTHER FACTORS THAT CANINTOT BE ACCURATELY PREDICTED, AND THAT THE
TRANSFER PRICE PERMITTED HEREUNDER MAY BE LESS THAN- THE FAIR MARKET
VALUE OF THE PROPERTY AND MAY NOT INCREASE OR DECREASE IN THE SAI E
MANNER AS OTHER SIMILAR REAL PROPERTY WHICH IS NOT ENCUMBERED BY THIS
RESTRICTION. COVENANTOR AND EACH SUCCESSOR, HEIR OR ASSIGN OF
CONVENANTOR FURTHER ACKNOWLEDGES THAT AT ALL TIMES IN SETTING THE
TRANSFER PRICE THE PRIMARY OBJECTIVE OF THE AGENCY AND THIS DECLARATION IS
TO PROVIDE HOUSING TO ELIGIBLE PERSONS OR FAMILIES AT AN AFFORDABLE
HOUSING COST.
V
Grantor Initials Grantee Initials
41s:4-99Agree-Habitat: GmtDeed
R1S 99-161 Page 4 of 5
611199
The covenant contained in this Section 1 ] shall run with the land and shall automatically
terminate and be of no further force or effect upon the Expiration Date.
IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be executed
on their behalf by their respective officers hereunto duly authorized, this' Yt�' day of
A ad _ , 2000.
THE REDEVELOPMENT AGENCY OF
THE C Y OF HUNTINGTON BEACH,
a public dy corporat and politic
By
Chairman ?� TErn
ExecugfVa Director
By
AV e-- — �
irector of Econ c Development
ATTEST:
Agency Clerk
APPROVED AS TO FORM
f^-- Agency Attorney -5A5/ —spa
The undersigned Grantee accepts title subject to the covenants hereinabove set forth.
HABITAT FOR HUMANITY OF
ORANGE COUNTY; INC.
a California nonprofit public benefit corporation
i
41SA-99Aeree-Habitat: GmtDeed
RLS 99-161 Page 5 of 5
6.'1'99
• _CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of Oro x
On lkl a r G� W 2dop before me, �%izq zG
Date Name and Tale of Ofter (e.g.,' Doe, Notary Pubnc')
personally appeared �vrn /�4r".W ��
Name(s) or Srgner(s)
gpaersonally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person
whose name)49/osubscribed to the within instrument
and acknowledged to me that /the executed the
same in hisJ�er eir authorized capac(ty� and that by
t eir ignature(5) on the instrument the personG
or the entity upon behalf of which the persor�D acted,
executed the instrument.
i E! : i :ZA5-EHRING
Commision :�- 1150021 WITNESS my hand and official seal.
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Orange County
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OPTIONAL
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fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
_3/2-1 /o o
Signer(s) Other Than Named Above:
Capacit Q Claimed by Signers
Signer's Name:-o,>w
❑ Individual
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O 1995 National Notary Association - 8236 Rommel Ave., P.O. Box 7,84 - Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: Cap Toll -Fee 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of �-
County of _On c"-e-
61,
On ^Z22a,4'G6 .2006) before me,
Pate Name and Tale of Officer (e.g., Jane ,Notary Public?
personally appeared �� 4?� 1_2� ,
Name(s) of Signers)
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executed the same in their thorized capaci ies
and that by hi&U their igna urea] on the instrument the
persorgs , or the entity upon behalf of which the persor(s
acted, executed the instrument.
EUZABEM ERRING
Corii.,rssion# 115o02iWITNESS my hand and official seal.
z49MY
Notary PuoGc- CaiitomioOrarsge county
Comma-'k sAu929,MD1
signature of Notary blic
OPTIONAL
Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document-
���z74
Document Date: t7 Number of Pages:
Signer(s) Other Than Named Above:
Capaci �jesaimed by Sign c(s)
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0 1996 National Notary Association • 8236 Remmet Ave_, P.O. Box 7184 - Canoga Park CA 91309-7184 Prod. No. 5907 Reorder Call Toil -Free 1-800.876-6827
• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of 60
County of61
Y
On
Date
personally appeared
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before me,
Name and Title of Officer (e.g.,
-
Name(s) of Signers}
Notary Public")
impersonally known to me
❑ proved to me on the basis of satisfactory evidence
to be the persons whose name' re ubscribed t
within instrument and acknowle to me that elthey
executed the same in their thorized capaci (e
and that byjislher4teir ignaturiO4 on the instrument the
person(o, or the entity upon behalf of which the persogl
Ef171,5ET}i EH3AG acted, executed the instrument.
"r Commission 1150021
z WITNESS my hand and official seal.
z F->'ffi Noiay Pubic - California�
Orange County
My Comm. Bq es Aug 29, 2DD1
Signature of Notary Public 61
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: 0 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) �Cllaimed by Signer(s)
Signer's Name: ' l
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❑
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0 1996 National Notay Association • 8236 Remmet Ave-. PO. (3C.x 7184 • Canoga Park, CA 91309-71a4 Prod_ No. 5907 Reorder. Call TO -Free 1-800-876-6827
STATE OF CALIFORNIA
COUNTY OF ORANGE
)
) SS.
On April 18, 2000 , before me, Maricel Borras
personally appeared Raymond E. Englert, Jr. and Lynda Hill
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of
which the person(s) acted executed the instrument.
WITNESS my hand and official seal.
Signature
(This area for official notarial seal)
1gTARY�PUBUso
C.
� C 1►pSSIdM all
ORANGE COUMY
MY fin+. Exg 21 MW
3008 (1194) (General)
First American Tide Company
EXHIBIT 'A°
LEGAL DESCRIPTION OF PROPERTY
Exhibit "A" to Attachment No. 4
F. 0I I
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5ltl<3 t:{l i e
�rB:ET "B"
EXHIBIT n t
PARCEL DECLARED AS SURPLUS
AV No. 2.5-II139
LEGAL DESCIUMON
PARCEL No. I, AP R'o. 25-I I 1-39:
THAT PORTION OF LAND WTMR,. BLOCK 2505 OF THE EAST SIDE VILLA TRACT, LOCATED IN
1"HE CI?Y OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CA.UFORNti`IA, AS SI iOWN
ON THE MAP FILED IN BOOK 4, PAGE 65 OF MLCELLANEOUS MAPS, LN RECORDS OF SAID
COUI\17', DESCRIBED AS FOL LOVS:
THE NORTH 33.00 FF-1371 OF THE SOUTH 50.00 FEET Oi Sl'-.30 BLOCK 2535.
EXCEI t ING THEREFROM THE WEST 745.00 FEET AND THE EAST 30.00 FEET.
THE ABOVE DESCRIBL•D PARCEL. CONTAINS 3,450 5QiJARE FcFi', h/;ORE OR LESS.
EXHIBIT 'B" 1_ i FACT ED AND BY TW.S REFERFI\TCE MADE A PART HEREOF.
- -7f -
1
I R.C`- %61 DATE
m
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Civil_ U�t'N
OF CA��Y
9' 98(�ifEl 1U:3' CE ""`4Y 21 P.4G5
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-EXHIBIT
PARCEL DECLARED AS SUAP' LUS
AP No. 2-5- 2I-a6
i)z lx��
LEGAL DESCRIPTION
PARCEL No.1, AP No. 25-I21-35:
THAT PORTION OF LAND WTd HIN BLOCK 2405 OF THE EAST SIDE ViL? 4 TRACT, LOCATED IN
THE CITY OF HUNTTNGTON BEACH, COUNTY OF ORANGE, SPATE OF CALiFORNIA, AS S.HoWx
ON THE MAP FILED IN BOOK 4, PAGE 65 OF MISCELLANEOUS MAPS, TN RECORDS OF S�,_TD
COUNTY, DESCRIBED AS FOLLOWS;
THE SOUTH 50.00 FEET OF THE NORTH 60.00 FE 1 OF SAID BLOCK 2405.
EXCEPTIIIG THEREFROM -,TIE WEST 30.00 FEET AND THE FAST 145.00 FEET.
THE ABOVE DFSC1UnE;a PARCEL CONTI'AINS 5,000 SQUARE FEET, MORE OR LESS.
EXHIBIT OW ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
-1171-9-7
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civil-
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PARCEL DECLARED AS SURPLUS
All No. 25-1 Z1-01 .
o �Akr .
_ %EGALDESCRIi'TIOI�T
PARCEL No.1, AP No. 25-32I-0I:
THAT PORTION OF LAND VJmw\T BLOCK 2406 OF THE EAST 5IDE VILLA TRACT, LOCATED IN
THE Crry OF HutMNGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON THE MAP FfLED IN" BOOK 4, PAGE 65 OF 1-IISCELL41NEOUS MAN, IN RECORDS OF SA.iD
COUNTY, DESCR BED AS FOLLOWS:
TI-r SOUTH 40.00 FEET OF THE NORTH 60.00 FEET O: SAID B LOCK 2405.
EXCE i''i ING THERE M- OM THE W IEST 175.00 FEET.
THE ABOVE DESCRIBED PARCEL CONTAINS 5,000 SQUARE FEET, MORE OR LESS.
EXHIBt i "B" ATTACHED AND BY THIS REFERENCE)vfAD- A PART HEREOF.
{ LiLs . K tq, C.E 61xp
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EXHIBIT 'A°
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1
Council/Agency Meeting Held: 3 ZO -- 00
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
rk's Signature
Ci vy
Council Meeting Date: March 20, 2000
Department ID Number: ED 00-15
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION
SUBMITTED TO:
HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL =�
MEMBERS/REDEVELOPMENT AGENCY MEMBE
SUBMITTED BY:
Ray Silver, City Administrator/Executive Director
PREPARED BY:
David C. Biggs, Director of Economic Development
SUBJECT:
Joint Public Hearing: Approve Disposition and Dove lop rnentD
Agreement (DDA) with Habitat for Humanity, Orange County, for
the Acquisition of 2422 England Street, 2501 England Street, and
2419 Florida Street. cTi ems. c4o . JoW - 3o
Acq;z-,kQ YW-S. 01o_ 3aa
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status,
Attachment(s)
Statement of Issue: A Disposition and Development Agreement (DDA) between the
Redevelopment Agency and Habitat is submitted for approval. The DDA outlines the
conditions for the transfer and use of the Agency -owned properties and commits the Agency
to pay up to $50,000 in building and planning permit fees. The Agency will use
redevelopment housing set aside funds to pay this obligation.
Funding Source: Currently budgeted Redevelopment Housing Set Aside funds from
Account No. E-TX-ED-810-6-10-00.
Recommended Action: Motion to:
City and Redevelopment Agency Actions:
1. Conduct a joint public hearing that was continued open from February 22, 2000, on the
DDA.
2. Close the public hearing.
City Action(s):
1. Adopt Resolution No. ' "-36 of the City Council of the City of Huntington Beach
authorizing the conveyance of 2422 England Street (formerly 602 Yorktown Avenue),
2501 England Street, and 2419 Florida Street (formerly 620 Yorktown Avenue) by the
Redevelopment Agency to Habitat for Humanity, Orange County, for the construction of
three single family detached housing units.
REQUEST FOR COUNCIUREDEVELOPMENT AGENCY ACTION
MEETING DATE: March 20, 2000 DEPARTMENT ID NUMBER: ED 00-15
City Action(s): (continued)
2. Direct staff to ensure that all insurance requirements outlined in the DDA are submitted
and approved by the City Attorney prior to the close of escrow.
Redevelopment Agency Actions:
Adopt Resolution No. 309 of the Huntington Beach Redevelopment Agency
authorizing the conveyance of 2422 England Street (formerly 602 Yorktown Avenue),
2501 England Street, and 2419 Florida Street (formerly 620 Yorktown Avenue) to
Habitat for Humanity for the construction of three single family detached housing units
for ownership by very low income families.
2. Approve a Disposition and Development Agreement between the Redevelopment
Agency and Habitat for Humanity and authorize its execution by the Chairperson and
Agency Clerk after execution by Habitat, when advised by the City Attorney's Office.
Alternative Action(s):
1. Do not approve the transaction, or modify the proposed transaction.
Analysis: Staff and Habitat for Humanity have concluded negotiations for three
properties that were originally acquired by the City as part of the Yorktown Avenue widening
project. Staff and Habitat have concluded negotiations (a complete outline of deal points for
both agreements is included as Attachment No. 6) and have agreed to the following terms:
Redevelopment Agency Responsibilities
The Agency agrees to:
• Transfer the parcels to Habitat for Humanity at no cost (acquired from the City
on August 3, 1998, for $189,000).
• Assume the obligation to perform required off -site improvements if required by
the Public Works Department (estimated at $30,000).
• Fund up to $50,000 in development and plan check fees.
• Assume up to $50,000 in hazardous materials remediation costs, if any.
Developer Responsibilities
• Habitat will construct three single family housing units including garages and
private open space outlined in Conditional Use Permit No 99-33.
HABTRCA.DOC -2- 03/1010011:57 AM
REQUEST FOR COUNCILIREDEVELOPMENT AGENCY ACTION
MEETING DATE: March 20, 2000 DEPARTMENT ID NUMBER: ED 00-00
Developer Responsibilities (cont.)
• All units will remain affordable for sixty years for households earning less
than 50% of Orange County median income (defined as very low income) as
defined in Section 50052.5 of the California Health and Safety Code.
• Restrictive covenants must be recorded against the properties (DDA Exhibit
No. 9). These covenants govern the resale and income restrictions and
outline the Agency's refusal right to re -purchase the properties (when they
become available, and second to Habitat's right).
Project Description
The proposed project will be built on vacant Agency -owned parcels fronting Yorktown
Avenue, just east of the Civic Center (see Attachment No. 3).
The site is in a Community Development Block Grant (CDBG) enhancement area where a
mix of aging single family homes and rental properties are combined with newer multifamily
rental properties. A new ownership opportunity will be a welcome addition to this low and
moderate income neighborhood.
There will be one two -bedroom unit and two four -bedroom units with 1,500 and 1,340
square feet of living space respectively. The units will have dining rooms, washers and
dryers, and two car garages.
A Habitat volunteer committee screens potential buyers of the homes. These would-be
home owners must contribute 600 hours of usweat equity", either by working on other
Habitat projects or helping with office work, or some combination or volunteer work for
Habitat. A 1 % downpayment is required. Homeowners are chosen based on need, ability
to repay the loan, family size, commitment to Habitat goals and willingness to volunteer
time on behalf of Habitat. Race or religion are not factors in the selection process.
Long term affordability is a goal of both Habitat and the Redevelopment Agency. Not only
are the initial buyers required to be very low income at the time of purchase, Habitat
reserves a first right of refusal to re -purchase a unit from a seller. If Habitat does not re-
purchase the home the Agency has the second right -of -refusal to purchase the unit. Any
subsequent transfer must be approved by Habitat and the Agency has the right to inspect
and verify all documents that demonstrate the potential buyer's household income.
HABTRCA.DQC -3- 03/06/00 4:01 PM
s'
r �
REQUEST FOR COUNCI LIREDEVELOPMENT AGENCY ACTION
MEETING DATE: March 20, 2000 DEPARTMENT ID NUMBER: ED 00-15
In August of 1998, the Council's Economic Development Committee (EDC) heard a
presentation on the project by Agency staff and Habitat. The EDC was supportive of the
project.
The Agency's involvement with this project is consistent with the City Council's established
goal of providing for a diverse housing stock throughout the community.
Environmental Status: Categorically exempt under the National Environmental
Protection Act (NEPA). DDA is exempt under the California Environmental Quality Act
(CEQA), Section 15303, Class 3 and Section 153012, Class 12.
Attachment(s)•
1. City Resolution As- NO- UOO — 30
2. Agency Resolution �T-5 NO, 308
3. Location Map: 7682 Ronald Road
4. Disposition and Development Agreement
5. Summary Report 33433
6. Reduced Site Plan, Elevations and Floor Plans
GAB:gb: ext. 8831
HABTRCA.DOC -4- 03/08/00 4:44 PM
City Resolution
ATTACHMENT #1
cA,,,/,5 0r.It "
DISPOSITION AND DEVELOPMENT AGREEMENT
BY AND BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF HUNTINGTON BEACH AND
HABITAT FOR HUMANITY OF ORANGE COUNTY, INC.
This Disposition and Development Agreement ("Agreement") is entered into by and
between THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a'
public body corporate and politic (the "Agency") and HABITAT FOR HUMANITY OF
ORANGE COUNTY, INC., a California nonprofit public benefit corporation (the "Developer")
on this 20tbday of March , 2000. The Agency and the Developer hereby agree as follows:
SECTION 1: SUBJECT OF AGREEMENT
1.01 Purposes of Agreement
The purpose of this Agreement is to effectuate the Redevelopment Plan
(as hereinafter defined) for the City of Huntington Beach Redevelopment Project Area (the
"Project Area") by providing for the disposition and development of certain property (the
"Agency Parcels") situated outside the Project Area. The Agency Parcels are to be developed
with approximately three (3) single family residential units (one unit per parcel), all of which
shall be made available at an affordable housing cost to very low income households for a certain
period of time, as set forth in Section 4.01 hereof (the "Improvements"). The disposition and
development of the Agency Parcels as provided in this Agreement are in the vital and best
interests of the City of Huntington Beach (the "City") and the health, safety and welfare of its
residents, and in accord with the public purposes and provisions of applicable state and local
laws and requirements under which the Project has been undertaken.
1.02 The Redevelopment Plan
The Redevelopment Plan for the Project Area was approved and adopted
by Ordinance No. 2577 of the City Council of the City of Huntington Beach. Such ordinance
and the Redevelopment Plan as approved and amended (the "Redevelopment Plan") are
incorporated herein by reference.
1.03 The Site
The Site is that Area so designated on the Site Map which is attached
hereto as Attachment No. 1 and incorporated herein by reference. The Site consists of the
Agency Parcels. The parcels which constitute the Site are more specifically described in the
"Legal Description" which is attached hereto as Attachment No. 2 and incorporated herein by
reference.
d s'4-99-A¢ree:}labitat: DDA Habi C-2'22M
RLS 99-161
1.04 Parties to the Agreement: The Agency
The Agency is a public body, corporate and politic, exercising
governmental functions and powers and organized and existing under Chapter 2 of the
Community Redevelopment Law of the State of California. The principal office of the Agency
is located at 2000 Main Street, P.O. Box 190, Huntington Beach, California 92648.
"Agency", as used in this Agreement, includes the Redevelopment
Agency of the City of Huntington Beach and any and all assignees of or successors to its rights,
powers and responsibilities.
1.05 Parties to the Agreement: The Developer
The Developer is Habitat for Humanity of Orange County, Inc., a
California nonprofit corporation. The principal office and mailing address of the Developer for
purposes of this Agreement is 2165 S. Grand Avenue, Santa Ana, CA 92705.
By executing this Agreement, each person signing on behalf of the
Developer warrants and represents to the Agency that the Developer has the full power and
authority to enter into this Agreement, that all authorizations required to make this agreement
binding upon the Developer have been obtained, and that the person or persons executing this
Agreement on behalf of the Developer are fully authorized to do so.
Whenever the term "Developer" is used in this Agreement, such term shall
include any and all nominees, assignees, or successors in interest to the interest of Developer in
all or any portion of this Agreement and/or the Site as herein set forth; provided, however, that
except as specifically set forth in Sections 4.01, 4.02 and 4.04 herein, nothing in this Agreement
is intended to be binding upon the purchasers of residential units developed on the Site or upon
any incorporated or unincorporated association formed to own, manage, operate or maintain the
common areas within the Site, and nothing in this Agreement shall be so construed.
1.06 Prohibition Against Change in Ownership, Management and Control of
Developer and Prohibition Against Transfer of the Site
The qualifications and identity of the Developer are of particular interest
to the Agency. It is because of these qualifications and identity that the Agency has entered into
this Agreement with the Developer. Consequently, prior to the Agency's issuance of a
Certificate of Completion with respect to the development to occur on the Site pursuant to
Section 3.16 herein, and except as expressly permitted in Section 4 below and in this Section
1.06, no person, whether a voluntary or involuntary successor of Developer, shall acquire any
rights or powers under this Agreement nor shall the Developer assign all or any part of this
Agreement or all or any portion of the Site with respect to which a Certificate of Completion has
not been issued without the prior written approval of the Agency, which approval shall not be
withheld unless the Agency reasonably determines that the assignee does not have the
development expertise or experience and/or financial capability necessary to carry out the duties
of the Developer under this Agreement. This restriction on Developer's right of assignment and
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the provisions of this Section 1.06 shall terminate and have no further force or effect upon the
issuance of a Certificate of Completion for the Site.
Any purported transfer, voluntary or by operation of law, in violation of
this Section 1.06 shall constitute a default hereunder and shall confer no rights whatsoever under
this Agreement upon any purported assignee or transferee.
Notwithstanding any other provision of this Agreement to the contrary,
Agency approval of an assignment of this Agreement or transfer of the Site or any interest
therein shall not be required in connection with any of the following:
(i) The conveyance or dedication of any portion of the Site to the City
of Huntington Beach or other appropriate governmental or quasi -governmental agency, including
public utility companies, where the granting of easements or permits facilitate the development
of the Site.
(ii) Any sale of individual housing units to owner -occupants of such
housing units, provided that no such sale or transfer of an individual housing unit closes or
becomes final prior to issuance of a Certificate of Occupancy (or such other final occupancy
permit as is earlier granted by the City) issued with respect to the portion of the development in
which the individual housing unit is located.
No assignment of the Developer's obligations with respect to this
Agreement or the Site for which Agency approval is required, and specifically excluding
assignments for financing purposes, except those types of assignments identified in subparagraph
(i) above, shall be effective unless and until the proposed assignee executes and delivers to the
Agency an agreement in form reasonably satisfactory to the Agency's attorney assuming the
obligations of the Developer which have been assigned. Thereafter, the Agency shall release the
assignor in writing from performance of those obligations pursuant to this Agreement which are
expressly assumed by the assignee.
No consent or approval by the Agency of any assignment or
transfer requiring the Agency's approval shall constitute a waiver of the provisions of this
Section 1.06 with respect to any subsequent assignment or transfer requiring the Agency's
approval.
1.07 Representations by the Developer and the Agency
1. Developer Representations. The Developer represents and
warrants to the Agency as follow:
a. The Developer is a validly created California corporation in
good standing and has and will in the future duly authorize, execute and deliver this Agreement
and any and all other agreements and documents required to be executed and delivered by the
Developer in order to carry out, give effect to, and consummate the transactions contemplated by
this Agreement.
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b. Except as disclosed in writing to the Agency, the Developer
does not have any material contingent obligations or any material contractual agreement which
could materially adversely affect the ability of the Developer to carry out its obligations
hereunder.
C. There are no material pending or, so far as is known to the
Developer, threatened, legal proceedings to which the Developer is or may be made a party or to
which any of its property is or may become subject, which have not been fully disclosed in the
material submitted to the Agency which could materially adversely affect the ability of the
Developer to carry out its obligations hereunder.
d. There is no action or proceeding pending or, to the
Developer's best knowledge, threatened, looking toward the dissolution or liquidation of the
Developer and there is no action or proceeding pending or, to the Developer's best knowledge,
threatened by or against the Developer which could affect the validity and enforceability of the
terms of this Agreement, or materially and adversely affect the ability of the Developer to carry
out its obligations hereunder.
Each of the foregoing items a to d, inclusive, shall be deemed to be
an ongoing representation and warranty. The Developer shall advise the Agency in writing if
there is any change pertaining to any matters set forth or referenced in the foregoing items a to d,
inclusive.
2. Agency Representations. The Agency represents and warrants to
the Developer as follows:
a. The Agency has and will in the future authorize, execute
and deliver this Agreement and any and all other agreements and documents required to be
executed and delivered by the Agency in order to carry out, give effect to and consummate the
transactions contemplated by this Agreement.
b. The Agency does not have any material contingent
obligations or any material contractual agreements which could materially adversely affect the
ability of the Agency to carry out its obligations hereunder.
C. There are no material pending or, as far as it known to the
Agency, threatened, legal proceedings to which the Agency is or may be made a party or to
which any of its property is or may become subject, which have not been fully disclosed to the
Developer which could materially adversely affect the ability of the Agency to carry out its
obligations hereunder, or which could adversely affect the enforceability of this Agreement.
d. The Agency shall convey fee title to the Agency Parcels
and all right, title and interest in same to Developer in accordance with the terms of this
Agreement.
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Each of the foregoing items (a) through (d) shall be deemed to be an ongoing representation and
warranty. The Agency shall advise the Developer in writing if there is any change pertaining to
any matters set forth or referenced in the foregoing items (a) through (d).
SECTION 2: ACQUISITION AND DISPOSITION OF THE SITE
2.01 Disposition of the Agency Parcels
I . Provided that the Developer is not in default of this Agreement and
in accordance with the subject to all of the terms, covenants and conditions of this Agreement,
and at or before the time established in the Schedule of Performance (Attachment No. 3), the
Agency agrees to convey to the Developer and the Developer agrees to accept purchase from the
Agency the Agency Parcels (the "Conveyance"). There shall be no purchase price for the
Agency Parcels. The Agency shall donate the Agency Parcels to the Developer.
2. The Developer shall develop housing units (all of which the
Developer has agreed to make available to persons of very low income at an affordable housing
cost, as provided in Section 4.01 herein), and shall pay all of those costs, charges, fees and
expenses as hereafter expressly provided to be paid by Developer pursuant to this Agreement,
and shall, at its cost, provide all of the Improvements required by this Agreement to be provided
by the Developer.
2.02 Escrow
The Agency agrees to open an escrow with First American Title Insurance
Company, or with another mutually agreeable escrow company (the "Escrow Agent"), by the
time established therefor in the Schedule of Performance (Attachment No. 3) for conveyance of
the Agency Parcels (the "Agency Parcel Escrow"). The Agency will pay all escrow fees. This
Agreement constitutes the joint basic escrow instructions of the Agency and the Developer for
the escrow, and a duplicate original of this Agreement shall be delivered to the Escrow Agent
upon the opening of the escrow. The Agency and the Developer shall provide such additional
escrow instructions as shall be necessary for and consistent with this Agreement. The Escrow
Agent is hereby empowered to act under this Agreement, and the Escrow Agent, upon indicating
within five (5) days after the opening of the Escrow its acceptance of the provisions of this
Section 2.02, in writing delivered to the Agency and the Developer, shall carry out its duties as
Escrow Agent hereunder.
Upon the Agency's delivery of the "Grant Deed" (as hereafter defined) for
the Agency Parcels to the Escrow Agent pursuant to Section 2.04 of this Agreement, and the
Declaration of Covenants and Restrictions on Resale (Attachment No. 9), the Escrow Agent shall
record such deed and covenants when title can be vested in the Developer in accordance with the
terms and provisions of this Agreement. The Developer shall accept conveyance of title or
possession of the Agency Parcels as provided herein. The Escrow Agent shall pay any
applicable transfer tax. Any insurance policies covering the Agency Parcels are not to be
transferred.
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The Agency shall pay into the escrow all fees, charges and costs including,
but not limited to, all transfer taxes, recording costs, title costs in accordance with Section 2.09
hereof, promptly after the Escrow Agent has notified the Agency of the amount of such fees,
charges and costs, but not earlier than ten (10) days prior to the scheduled date for closing the
escrow.
The Agency shall timely and properly execute, acknowledge and deliver a
deed in substantially the form of the "Grant Deed" for the Agency Parcels (which is attached to
this Agreement as Attachment No. 4 and is incorporated herein).
The Escrow Agent is authorized to:
1. Pay and charge the Agency for any fees, charges and costs payable
under this Section 2.02 of this Agreement. Before such payments or charges are made, the
Escrow Agent shall notify the Agency and the Developer of the fees, charges and costs necessary
to clear title and close the applicable escrow.
2. Disburse funds and deliver the appropriate deed(s), the covenants
and other documents to the parties entitled thereto when the conditions of the applicable escrow
have been fulfilled by the Agency and the Developer. Funds deposited shall not be disbursed by
the Escrow Agent unless and until the Escrow Agent has recorded the Grant Deed for the
Agency Parcels (Attachment No. 4) and the Declaration of Covenants and Restrictions on Resale
(Attachment No. 9) required to be recorded against the entire Site hereof and has delivered to the
Developer and (if requested by the Agency) the Agency, respectively, a title insurance policy
insuring title and conforming to the requirements of Sections 2.05 and 2.08 of this Agreement.
3. Record any instruments delivered through the escrows, if
necessary or proper, to vest title in the Developer in accordance with the terms and provisions of
this Agreement.
4. Record the Memorandum of Agreement (Attachment No. 6)
against the Site concurrently with the closing of the Agency Parcel Escrow.
All funds received in the escrow will be deposited by the Escrow Agent,
with other escrow funds of the Escrow Agent in an interest earning general escrow account or
accounts with any state or national bank doing business in the State of California. Such funds
may be transferred to any other general escrow account or accounts. All disbursements shall be
made by check of the Escrow Agent. All adjustments are to be made on the basis of a thirty (30)
day month.
If the escrow is not in condition to close on or before the time for
conveyance established in Section 2.06 of this Agreement, either party who then shall have fully
performed the acts to be performed before the conveyance of title may, in writing, demand from
the Escrow Agent the return of its money, papers or documents deposited with the Escrow
Agent. No demand for return shall be recognized until ten (10) days after the Escrow Agent
shall have mailed copies of such demand to the other party or parties at the address of its or their
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principal place or places of business. Objections, if any, shall be raised by written notice to the
Escrow Agent and to the other party within the ten (10) day period, in which event the Escrow
Agent is authorized to hold all money, papers and documents with respect to the parcels which
are the subject of that escrow until instructed by a mutual agreement of the parties or by a court
of competent jurisdiction. If no such demands are made, the Escrow shall be closed as soon as
possible.
The Escrow Agent shall not be obligated to return any such money, papers
or documents except upon the written instructions of both the Agency and the Developer or until
the party entitled thereto has been determined by a final decision of a court of competent
jurisdiction.
Any amendment to these escrow instructions shall be in waiting and
signed by both the Agency and the Developer. At the time of any amendment, the Escrow Agent
shall agree to carry out its duties as Escrow Agent under such amendment.
All communications from the Escrow Agent to the Agency or the
Developer shall be directed to the addresses and in the manner established in Section 6.01 of this
Agreement for notices. demands and communications between the Agency and the Developer.
The liability of the Escrow Agent in the capacity as escrow holder with
respect to the Conveyance is limited to performance of the obligations imposed upon it under
Sections 2.02 through 2.09, inclusive, and Section 2.13 of this Agreement.
2.03 Conveyance of Title and Delivery of Possession
Subject to any extensions of time mutually agreed upon in writing
between the Agency and the Developer, the conveyance of the Agency Parcel shall be completed
on or prior to the date specified therefor in the Schedule of Performance (Attachment No. 3).
The Schedule of Performance (Attachment No. 3) is subject to revision from time to time as
mutually agreed upon in writing between the Developer and the Agency's Executive Director.
The Agency and the Developer agree to perform all acts necessary to conveyance of title in
sufficient time for title to be conveyed in accordance with the foregoing provisions.
Possession shall be delivered to the Developer concurrently with the
conveyance of title. The Developer shall accept title and/or possession on or before the dates
established in the Schedule of Performance (Attachment No. 3) for the conveyance of the
Agency Parcel.
2.04 Form of Deed for the Conveyance
The Agency shall convey to the Developer title to the Agency Parcels,
excepting the mineral rights thereto as provided below in Section 2.05, in the condition provided
in Section 2.05 of this Agreement by grant deed substantially in the form of the Grant Deed
(Attachment No. 4).
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2.05 Condition of Title
The Agency shall convey to the Developer fee simple merchantable title to
the Agency Parcels, subject to the Declaration of Covenants and Restrictions on Resale
(Attachment No. 9) which pertain only to the Site, and excepting the mineral rights as provided
below. Said title shall be free and clear of all recorded or unrecorded liens, encumbrances,
covenants, assessments, easements, leases and taxes, except for covenants and easements of
record which the Developer approves in writing, the Redevelopment Plan, and the provisions
contained in the Grant Deed (Attachment No. 4). The Agency shall act diligently and promptly
to conform the condition of title to the Agencv Parcels to that required for the Developer to
proceed with development of the Improvements. In no event shall the Developer be required to
accept title subject to a deed of trust or mortgage.
The Agency shall reserve and except from the conveyances all interests in
oil, gas, hydrocarbon substances and minerals of every kind and character lying more than 500
feet below the surface, together with the right to drill into, through, and to use and occupy all
parts of the Agency Parcels lying more than 500 feet below the surface thereof for any and all
purposes incidental to the exploration for and production of oil, gas, hydrocarbon substances or
minerals from said site or other lands, but without, however, any right to use either the surface of
the Agency Parcels or any portion thereof within 500 feet of the surface for any purpose or
purposes whatsoever.
2.06 Time for and Place of Deliver of Deed
Subject to any mutually agreed upon extension of time, the Agency shall
deposit the Grant Deed (Attachment No. 4) with the Escrow Agent on or before the dates
established for the respective conveyances pursuant to the Schedule of Performance (Attachment
No. 3).
2.07 Recordation of Documents
The Escrow Agent shall file the Grant Deed (Attachment No. 4), and
Declaration of Covenants and Resale Restrictions (Attachment No. 9, as described in Section
4.01(6) herein) and the Memorandum of Agreement (Attachment No. 6) for recordation among
the land records in the Office of the County Recorder for Orange County.
2.08 Title Insurance
Concurrently with recordation of the Grant Deed (Attachment No. 4)
conveying title to the Agency Parcel, First American Title Insurance Company (the "Title
Company") shall provide and deliver to Developer title insurance policies issued by the Title
Company insuring that the title to such parcels is vested in Developer in the condition required
by Section 2.05 of this Agreement. The Title Company shall provide the Agency with copies of
the title insurance policies. Subject to increase by Developer at its expense, the t tle insurance
policy for the Agency Parcels shall be for the amount ofOnp- 6119r A &w t4 N1h��6yaA Dollars
(S�DO-0 The Agency shall bear that amount equal to the cdstlof a standard ALTA
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policy for the foregoing amount of coverage. All additional costs incurred for or related to such
title insurance policies shall be borne solely by the Developer unless such costs arise out of a
defect in the condition of title required to be delivered in accordance with Section 2.05 above, in
which case Agency shall be responsible for same. The Developer may, at its option and at its
cost, obtain coverage in excess of such amounts, or any endorsements.
2.09 Taxes and Assessments
Ad valorem taxes and assessments, if any, on the Agency Parcels, levied,
assessed or imposed for any period commencing prior to recordation of the Grant Deed shall be
borne by the Agency, and any of such taxes and assessments imposed for any period from and
after the applicable conveyance of title to or possession of such parcels shall be borne by the
Developer.
2.10 Occupants of the Parcels
Possession of the Agency Parcels shall be delivered to the Developer and
title shall be conveyed to it with no occupants or rights of possession by others. including by
adverse possession, and no liens or encumbrances except pursuant to any approved title
exceptions and this Agreement.
2.11 Phvsical Condition of the Parcels
1. Environmental Condition. The Agency is unaxvare of, after
diligent inquiry, and has not received any notice or communication from any government agency
having jurisdiction over the Agency Parcels notifying the Agency of the presence of surface or
subsurface zone hazardous materials, waste, or contamination in, on, or under such parcels, or
any portion thereof. Within the time set forth in the Schedule of Performance (Attachment No.
3), the Developer shall investigate the environmental condition of the Site. The Agency shall
reimburse the Developer for the cost of the investigation up to a maximum amount of Fifty
Thousand Dollars (550,000.00). Such investigation shall include such activities as a qualified
environmental expert or consultant acceptable to Agency and Developer (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 entire Site. The
Agency shall make available at its sole cost the Agency Parcel for the Environmental Consultant
to conduct such investigation. Developer shall copy the Agency on all correspondence and
notify the Agency at least two (2) business days in advance of any meeting or site inspection by
Environmental Consultant.
If the Environmental Consultant finds that the projected cost of all
activities necessary to correct or remove any hazardous waste, materials or contamination in, on
or under the Agency Parcels found in its investigation, including the cost of investigation by the
Environmental Consultant (the "Remediation Cost") exceeds Fifty Thousand Dollars (550,000),
then either party may terminate this Agreement, within thirty (30) days after notice of the _
projected Remediation Cost, by the procedures set forth in Sections 5.09 and 5.10 herein; _.
provided, however. that if one of the parties, at its option, agrees to pay the excess of the actually
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incurred Remediation Cost over Fifty Thousand Dollars (S50,000), the other party may not
terminate this Agreement. If the Environmental Consultant finds that the projected Remediation
Cost, including the cost of the investigation, is Fifty Thousand Dollars (S50,000) or less, then the
Agency shall be required to fund the entire Remediation Cost.
The Agency shall comply with CERCLA (Comprehensive
Environmental Response, Compensation and Liability Act of 1980) 42 U.S.C. § 9601, et seq.,
and California Health and Safety Code § § 25100, et seq., 25300, et seq., 25280, et seq. Any
Remediation performed pursuant to this Agreement shall be performed pursuant to the provisions
of Health and Safety Code § 33459, er seq.
Upon the Conveyance of the Agency Parcels, the Developer agrees
to and shall release the Agency and its officers, directors, employees, representatives and agents
and its successors of interest from and against all expenses (including, without limitation,
reasonable attorneys' fees and disbursements), losses, or liabilities suffered by the Developer by
reason of governmental action or third party claims arising out of preexisting hazardous
materials, waste, or contamination, exacerbation, movement, release, or contamination of such
parcels or the Site, including those arising from the Agency's breach of its representation set
forth in the first sentence of this Section 2.11 or the negligence or wrongful acts or omissions of
Agency in its ownership, operation or remediation of the Agency Parcels.
2. Soils Condition. The Agency shall grant to the Developer,
and the Developer's agents, employees and independent contractors, the right of access to and
entry upon the Agency Parcels for the purpose of inspection thereof, and conducting surveys,
soils tests, and similar work to ascertain the soils condition of those parcels. The Developer shall
release the Agency and the City, and their respective officers, employees, agents and
representatives, from and against any damages, claims or other liabilities arising out of any
injury or damages resulting from the activities of Developer or its agents, employees or
independent contractors pursuant to any such access to, entry upon, or inspection of such parcel,
excluding damage arising from pre-existing conditions. The Developer shall reasonably
determine whether the soils condition is suitable for the uses to which such parcels are to be put
under this Agreement, and shall approve or disapprove of the soils condition of the parcel on that
basis, by written notice to the Agency within sixty (60) days of the Agency's execution of this
Agreement for the Agency Parcels. If the Developer reasonably disapproves the soils condition
of the parcel, the Agency may elect, within thirty (30) days of its notice of such disapproval, to
cure such condition. If the Agency does not elect to cure the condition, the Developer shall not
be obligated to purchase the parcel, as set forth in Paragraphs B.4 of Section 2.13 hereof. If it so
elects, Agency shall cure prior to close of escrow.
2.12 Preliminary Work
Prior to the conveyance of title, representatives of Developer shall have
the right of access to all portions of the Agency Parcels at all reasonable times for the purpose of
obtaining data and making surveys and tests necessary to cam, out this Agreement, including the
investigation of the environmental condition of the Agency Parcels pursuant to Section 2.11
hereof. Any preliminary work undertaken on the Agency Parcels by Developer prior to
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conveyance of title or possession thereto shall require a written temporary right of entry
agreement or license agreement which provides for indemnity and insurance protecting the
Agency and the City in a form reasonably acceptable to the parties and executed by the Agency
Executive Director. Any such preliminary work shall be at the sole expense of Developer
(except as expressly provided in Section 2.11 hereof).
The Developer shall release the Agency and the City against any claims
resulting from all preliminary work and access or use of the Agency Parcels undertaken by
Developer or its agents pursuant to this Section 2.12. Copies of data, surveys and tests obtained
or made by the Developer with respect to such parcels pursuant to this Section 2.12 shall be filed
with the Agency within fifteen (15) days after receipt by the Developer. Any preliminary work
by the Developer shall be undertaken only after securing any necessary permits from the
appropriate governmental agencies.
2.13 Conditions Precedent to the Conveyances
A. Conditions to Agency's Obligation to Convey Agency Parcels.
Prior to and as conditions to the Agency's obligation to convey the Agency Parcels, each of the
following conditions shall be satisfied (or waived by the Agency in its sole and absolute
discretion) by the respective times established therefor in the Schedule of Performance
(Attachment No. 3):
I . the Developer is not in default of this Agreement;
2. the Developer has obtained all entitlements and approvals
for development of the Improvements on the Site, as set
forth in Section 2.14 hereof, and the City is prepared to
issue grading permits for all of the Improvements promptly
following the conveyance;
3. the Developer provides proof satisfactory to the Agency
Executive Director that the Developer has obtained
sufficient cash reserves or other satisfactory funding
commitments for the Improvements and such cash reserves
or other satisfactory funding will be available concurrently
with the Conveyance, as required by Section 2.15 of this
Agreement;
4. the Developer provides to the Agency Executive Director
insurance certificates conforming to Section 3.08 of this
Agreement;
5. any environmental remediation required pursuant to
Section 2.11 herein with respect to the Agency Parcels is
complete, to the satisfaction of the Agency Executive
Director;
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6. the Developer has executed and recorded or delivered to
the Escrow Agent for recording the Declaration of
Covenants and Restrictions on Resale (Attachment No. 9),
as set forth herein;
7. the Agency has not exercised its right to terminate this
Agreement pursuant to Section 5.10 hereof; and
The foregoing items numbered 1 to 7, inclusive, together constitute
the "Conditions Precedent to the Agency's Obligation to Convey."
B. Conditions Precedent to the Developer's Obligation to Acquire the
Agency Parcels. Prior to and as conditions to the Developer's obligation to purchase the Agency
Parcels, each of the following conditions shall be satisfied (or waived by the Developer in its
sole and absolute discretion) by the respective times established therefor in the Schedule of
Performance (Attachment No. 3):
the Agency shall not be in default of this Agreement;
2. the Agency shall have executed the Grant Deed with
respect to the Agency Parcels (Attachment No. 4) and
delivered the executed Grant Deed to the Agency Parcels
Escrow Agent and the Title Company shall be prepared to
issue the title policy referred to in Section 2.08;
3. any environmental remediation required pursuant to
Section 2.11 herein with respect to the Agency Parcels is
complete, to the satisfaction of the Developer;
4. the condition of the soils (excluding the environmental
condition) of the Agency Parcels is approved or deemed
approved by Developer pursuant to Section 2.11.2 of this
Agreement;
Developer has obtained funding necessary to undertake the
Improvements reasonably satisfactory to the Developer and
approved by the Agency pursuant to Section 2.15;
6. the City is prepared to issue grading permits for all of the
Improvements upon the Site upon payment of all applicable
fees, provided that this condition shall be deemed satisfied
if the City is not prepared to issue such permits but the
Developer has exercised reasonably diligent efforts to
obtain such permits;
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7. the Developer has not exercised its right to terminate the
Agreement pursuant to Section 5.09 hereof,
8. There has been no condition placed upon the development
of the Agency Parcel with respect to the entitlements and
approvals obtained for the project pursuant to Section 2.14
below which, in Developer's good faith determination,
render the Project economically or operationally unfeasible
or which materially violate the Charter, policies or bylaws
of Developer or its national organization.
The foregoing items numbered 1 to 8, inclusive, together constitute
the "Conditions Precedent to Developer's Obligation to Acquire the Agency Parcels."
2.14 Zoning of the Site
Before and as a condition precedent to the Agency's obligation to convey
the Agency Parcels, the Developer shall make appropriate application to the City and secure or
cause to be secured any and all conditional use permits, and any other permits which may be
required by the City or any other governmental agency affected by such construction,
development or work. Subject to the provision of this Agreement regarding allocation of costs
and fees between Developer and Agency, (Section 3.09) the Developer shall be responsible to
make such further appropriate application to the City of Huntington Beach as may be necessary
to satisfy all provisions of the California Subdivision Map Act (Government Code Section
66410, et seq.), obtain all building permits, as required, and to satisfy all other local enactments
pursuant thereto applicable with respect to the development of the Site, if any such further
actions are necessary for the development of the Site.
2.15 Submission of Evidence of Available Funding
As required in this Agreement and within the time established therefor in
the Schedule of Performance (Attachment No. 3), the Developer shall use its best efforts to
obtain, and if successful shall submit to the Agency evidence that the Developer has obtained
sufficient funding necessary to undertake the development of the Site in accordance with this
Agreement. For purposes of this Section, "funding" shall mean monetary commitments to
finance the construction, and shall not include volunteer labor. The Developer shall provide
evidence of immediately available funds concurrently with and as a condition to the conveyance
of the Agency Parcels. The Agency Executive Director shall approve or disapprove such
evidence of funding prior to the Conveyance and within the time set forth in the Schedule of
Performance. Approval shall not be unreasonably withheld or conditioned. If the Agency
Executive Director shall reasonably disapprove any such evidence of funding, the Agency
Executive Director shall do so by written notice to the Developer stating the reasons for such
disapproval and the Developer shall promptly use its best efforts to obtain, and if successful
submit to the Agency new evidence of funding. The Agency Executive Director shall approve or
disapprove such new evidence of funding in the same manner and within the same times
established in this Section 2.15 for the approval or disapproval of the evidence of funding as
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initially submitted to the Agency. Such evidence of funding shall include a financial statement
and/or other documentation satisfactory to the Agency Executive Director as evidence of other
sources of capital sufficient to demonstrate that the Developer has adequate funds to cover the
difference, if any, between construction and completion costs minus any financing authorized by
mortgage loans.
2.16 Relocation
The Agency agrees to perform all relocation obligations, at its sole cost,
required by law as a result of the execution of this Agreement and the construction of the
Improvements.
SECTION 3: DEVELOPMENT OF THE SITE
3.01 General Plan and Zoning Ordinance.
Agency represents that the City's General Plan and Zoning Ordinances
permit Developer's proposed development and use of the Site as described in this Agreement,
subject to such entitlements as may be required by said zoning ordinance.
3.02 Scope of Development
The Site shall be developed in accordance with the approvals and
entitlements to be obtained pursuant to Section 2.14 hereof, and as provided in the "Scope of
Development" which is attached hereto as Attachment No. 5 and is incorporated herein.
The development of the Site shall include both private improvements on
the Site (the "On -Site Improvements") and public improvements off -site required by the City
and/or the Agency and associated with the development of the Site (the "Off -Site
Improvements;" the On -Site Improvements and the Off -Site Improvements are referred to
collectively as the "Improvements"). Except as othenvise provided herein with respect to
payment of fees, all such development of the On -Site Improvements shall be at the sole cost and
expense of the Developer, and development of the Off -Site Improvements shall be at the sole
cost and expense of the Agency. The Developer shall construct the Off -Site Improvements, and
the Agency will reimburse the Developer for the cost of the Off -Site Improvements.
Upon the conveyance of title to the Agency Parcels, the Developer shall
commence and complete construction of the On -Site Improvements by the time established
therefor in the Schedule of Performance (Attachment No. 3).
The development shall include all improvements shown in the final plans
and specifications submitted to and approved by the City and Agency, and shall incorporate or
show compliance with all conditions and mitigation measures, if any, to the approvals referenced
in Section 2.14 herein.
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3.03 Site Plan
The Agency acknowledges that the Developer has prepared and submitted,
and the City and Agency have preliminarily approved a Site Plan, a funding plan and a
development concept package (hereafter "Design Concept and Drawings") and related
documents which conform to requirements of the Agency and which contain the overall plan for
development of the Site. The Site shall be developed as established in this Agreement and such
documents except as changes may be mutually agreed upon between the Developer and the
Agency. Any such changes shall be within the limitations of the Scope of Development
(Attachment No. 5).
3.04 Construction Drawings and Related Documents
By the time set forth therefor in the Schedule of Performance (Attachment
No. 3), the Developer shall prepare and submit to the City in form suitable for plan check,
construction drawings, landscape plans, and related documents for development of the
Improvements. Approval of the construction drawings and the Schedule of Performance shall be
granted by the Agency if they conform to the Design Concept Drawings and the Scope of
Development. Any items so submitted and approved in writing by the Agency shall not be
subject to subsequent disapproval. Any items disapproved shall be revised and resubmitted
within fifteen (15) days of disapproval.
The landscaping and finished grading plans shall be prepared by a
professional landscape architect or registered civil engineer who may be affiliated with the same
firm as the Developer's architect or civil engineer.
During the preparation of all drawings and plans, staff of the City and the
Agency and the Developer shall hold regular progress meetings to coordinate the preparation of,
submission to, and review of drawings, plans and related documents by the City. The staff of
City and the Agency and the Developer shall communicate and consult informally as frequently
as is necessary to insure that the formal submittal of any documents to the Agency can receive
prompt and speedy consideration.
3.05 Review and Approval of Plans Drawings and Related Documents
The Agency Executive Director and the City shall have the right of
architectural and planning review of all plans and submissions, including any changes therein.
During each stage of the processing for Improvements, the Agency
Executive Director and the City shall have the right to reasonably require additional information
subject to compliance with the Permit Streamlining Act and shall advise the Developer if any
submittal of plans or drawings is not complete or not in accordance with City/Agency
procedures. If the Agency Executive Director or the City determines that such a submittal is not
complete or not in accordance with procedures and notifies Developer of such fact in writing
within ten (10) days following submittal thereof to the City or Agency, as the case may be, such
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tender shall not be deemed to constitute a submittal for purposes of satisfying the Schedule of
Performance (Attachment No. 3).
If the Developer desires to make any substantial changes in the
construction plans after their approval by the Agency Executive Director and the City, the
Developer shall submit the proposed change to the Agency and the City for their approval. If the
construction plans, as modified by the proposed change, conform to the requirements of
Section 3.05 of this Agreement and the Scope of Development (Attachment No. 5) the Agency
Executive Director and the City will approve the proposed change and notify the Developer in
writing within 30 days after submission to the Agency Executive Director and the City.
3.06 Cost of Development
Except as expressly set forth hereinbelow or else in this Agreement, all
costs for planning, designing, and constructing only the On -Site Improvements and other duties
of Developer set forth in this Agreement shall be borne exclusively by the Developer. The
Agency assumes the responsibility to construct and shall let contracts for or cause to be
constructed all Off -Site Improvements developed pursuant to this Agreement.
3.07 Construction Schedule
The Developer shall commence and complete the On -Site Improvements
by the time established therefor in the Schedule of Performance (Attachment No. 3) or such
reasonable extensions of such dates as mutually approved by the parties in writing pursuant to
Section 6.03 herein, or otherwise.
3.08 Indemnity, Bodily Iniury and Property Damage Insurance
The Developer shall defend, assume all responsibility for and hold the
Agency and the City, and their respective officers, agents and employees, harmless from all
claims or suits for, and damages to, property and injuries to persons, including accidental death
(including attorneys fees and costs), which may be caused by any of the Developer's activities
under this Agreement, whether such activities or performance thereof be by the Developer or
anyone directly or indirectly employed or contracted with by the Developer and whether such
damage shall accrue or be discovered before or after termination of this Agreement. The
Developer shall take out and maintain, until a Certificate of Completion for the Project is granted
by the Agency, a comprehensive general liability policy in the amount of One Million Dollars
(S1,000,000) combined single limit policy, including contractual liability, as shall protect the
Developer, the City, and the Agency from claims for such damages. The policy may not be on a
claims made basis.
Insurance coverage furnished by the Developer pursuant to this
Section 3.08 shall conform to this Section 3.08 and shall pertain to all activities on the Site and
adjacent public rights -of -way surrounding the Site and all work by Developer or its contractors
on off -site public improvements.
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Developer shall furnish Agency a certificate of insurance from the insurer
evidencing compliance with this Section 3.08 and providing that the insurer shall not cancel or
modify the policy without thirty (30) days' written notice to Agency. Developer shall give
Agency prompt and timely notice of any claim made or suit instituted. Agency and City and
their officers, employees and agents, shall also be named as additional insured in any policies of
Developer's contractors covering work under this Agreement, and such policies shall comply
with this paragraph. Coverage shall be primary and not contributing with any policy or coverage
maintained by or obtained by the Agency, and an appropriate endorsement shall so state. The
policy shall contain a waiver of subrogation. Such certificates shall be approved by the City
Attorney.
Developer shall be responsible for compliance with all of the provisions of
the Workers Compensation Insurance and Safety Acts of the State of California, the applicable
provisions of Divisions 4 and 5 of the California Labor Code, and all amendments thereto, and
all similar State or Federal acts or laws applicable to the activities of Developer pursuant to this
Agreement, and shall provide policies in amounts not less than One Hundred Thousand Dollars
(S100,000) bodily injury by accident, each occurrence, and One Hundred Thousand Dollars
(S100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars
(S250,000) bodily injury by disease, policy limit. Developer shall hold Agency and City
harmless from any claims arising thereunder. Developer shall furnish to Agency a certificate of
Workers Compensation insurance providing that the insurer shall not cancel or modify the policy
without thirty (30) days' prior written notice to Agency.
3.09 City_and_Other Governmental Agency Permits
Before commencement of construction or development of any buildings,
structures or other works of improvement upon the Site or within the Project Area, the Developer
shall secure or cause to be secured any and all permits which may be required by the City or any
other governmental agency affected by such construction, development or work. The Agency
shall pay all such permit fees up to a maximum amount of Fifty Thousand Dollars (S50,000.00).
Any and all permit and processing fees (including, but not limited to, the fees noted on the
Schedule of Fees (Attachment No. 8) exceeding said maximum amount shall be paid by the
Developer. It is understood that the Developer is obligated to timely submit to the City final
drawings with final corrections to obtain building permits; the Agency will use its reasonable
best efforts to expedite issuance of building permits and certificates of occupancy for
construction that meets the requirements of the City Code.
3.10 Rights of Access
For the purpose of assuring compliance with this Agreement,
representatives of the Agency and the City shall upon providing reasonable notice, have the right
of access to the Site without charges or fees, at normal business hours during the period of this
Agreement for the purposes of this Agreement, including, but not limited to, the inspection of the
work being performed in constructing the Improvements, so Iona as they comply with all safety
rules. Such representatives of the Agency or of the City shall be those who are so identified in
writing by the Director of the Agency. The Agency shall indemnify and hold the Developer and
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its employees, volunteers, directors and contractors harmless from any claims, or suits for, and
damages to, property or bodily injury or related damages arising out of the activities of the
Agency and the City as referred to in this Section 3.10.
The Developer shall place and maintain on the Site signs indicating the
respective roles of the Developer and the Agency in the Project. The cost of the signs and their
installation shall be borne solely by the Agency.
3.11 Local, State and Federal Laws
The Developer shall perform under this Agreement and carry out its
performance under this Agreement, including without limitation the construction of the
Improvements, in conformity with all applicable federal and state laws and local ordinances,
including all applicable federal and state labor standards, as to the Site, provided, however,
Developer and its contractors, successors, assigns, transferees, and lessees do not waive their
rights to contest any such laws, rules or standards.
3.12 Non -Discrimination
Pursuant to Health & Safety Code Sections 33435 and 33050 (of the
California Community Redevelopment Law) the Developer for itself and its successors and
assigns, agrees, that in the construction of Improvements on the Site or other performance under
this Agreement, the Developer will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, material status, ancestry, or national origin.
3.13 Taxes and Assessments
After the conveyance of title to the Agency Parcel, the Developer shall
pay when due all real estate taxes and assessments on the Site so long as the Developer retains
any interest therein. Prior to the sale or transfer of the Site, or any portion thereof, the Developer
shall remove or have removed any levy or attachment made on any of the Site or any part
thereof, or assure the satisfaction thereof within a reasonable time but in any event prior to said
sale or transfer.
3.14 Grant of Easements
Except as prohibited by Section 1.06 hereof, the Developer may grant
temporary or permanent easements or permits to facilitate the development of the Site.
3.15 Right of the Agency to Satisfy Other Liens on the Site After Title Passes
After the conveyance of title to the Agency Parcel and prior to the
completion of construction of the Improvements on the Site, and after the Developer has had
written notice and has failed after a reasonable time, but in any event not less than thirty (30)
days, to challenge, cure, adequately bond against, or satisfv any liens or encumbrances on the
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Site which are not otherwise permitted under this Agreement, the Agency shall have the right but
no obligation to satisfy any such liens or encumbrances.
3.16 Certificate of Completion
Promptly after the completion of all of the Improvements on and with
respect to the Site in conformity with this Agreement (as determined by the Executive Director
of the Agency) but excluding normal and customary tenant improvement items, and upon the
written request of the Developer, the Agency Executive Director shall on behalf of the Agency
furnish the Developer with an executed and notarized Certificate of Completion (in the form
attached hereto as Attachment No. 7), suitable for recordation, which evidences and determines
the satisfactory completion of such construction, provided that such Certificate of Completion
does not release the Developer from those provisions and covenants specified in this Agreement,
the Grant Deed, the Redevelopment Plan and the California Community Redevelopment Law
which survive the completion of construction. The issuance and recordation of a Certificate of
Completion (Attachment No. 7) with respect to the Improvements shall not supersede, cancel,
amend or limit the continued effectiveness of any obligations relating to the maintenance, or
uses, or payment of monies, or any other obligations except for the obligation to complete
construction of the Improvements as of the time of the issuance of such certificate.
If the Agency refuses or fails to furnish a Certificate of Completion after
written request from the Developer, the Agency shall, as soon as reasonably possible but in no
event later than five (5) business days of the written request, provide the Developer with a
written statement of the reasons the Agency refused or failed to furnish such Certificate of
Completion.
Upon issuance of a Certificate of Completion (Attachment No. 7) for the
Improvements, construction of the applicable Improvements shall be conclusively deemed to
have been completed in conformity with this Agreement. The Certificate of Completion is not a
notice of completion as referred to in Section 3093 of the California Civil Code.
SECTION 4: USE OF THE SITE
4.01 Affordable Housing
1. Construction of Affordable HOUsI — The Developer covenants
and agrees to develop a total of three (3) housing units on the Site (one unit per parcel) in
conformity with the Scope of Development (Attachment No. 5), and to reserve all of the housing
units developed on the Site (the "Affordable Units") for very low income housing for a period of
sixty (60) years from the recordation of the Agency Grant Deed as provided herein. The location
and specifications of the Affordable Units shall be as set forth in the Scope of Development, or
as otherwise mutually agreed upon by the Developer and the Agency Executive Director. The
Developer shall construct and fixturize the Affordable units in the same manner and to the same
level of quality as comparable market -rate units, except as otherwise specified in the approved
plans for the Improvements.
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2. Sale of Affordable Units. For a period of sixty (60) years from
the recordation of the Agency Grant Deed conveying the Site to the Developer, (the
"Affordability Period") the Developer shall cooperate with Agency's staff to sell the units
constructed on the Site only to qualified and eligible Very Low Income Households meeting the
requirements of Agency's affordable housing program for the Site. The Developer and the
Agency Executive Director may agree, in writing, to extend the term of the Affordability Period
to a mutually agreeable time.
3. Determination of Purchase Price. Each Affordable Unit sold to
a Very Low Income Household pursuant to Section 4.01(2) above shall be sold at an Affordable
Housing Cost (as defined below).
4. Definitions. "Affordable Housing Cost" shall mean, as to each
Very Low Income Household, that purchase price which would result in monthly housing
payments (including principal, interest, taxes, insurance, homeowners' association dues and
utilities) which does not exceed thirty percent (30%) of Fifty Percent (50%) of the Orange
County monthly median income for a household size appropriate to the Affordable Unit (as
established from time to time by the United States Department of Housing and Urban
Development).
"Very Low Income Households" shall mean persons or families
earning not more than Fifty Percent (50%) of Orange County median income, adjusted for
appropriate family size.
5. Approval of Purchasers; Agency's Right to Repurchase. In
addition to the cooperation with the Agency with respect to its Affordable Housing Program, as
referred to in Sections 4.01(1) and 4.01(2) herein, Developer shall sell the Affordable Units only:
to proposed purchasers that intend to occupy the unit as the proposed purchaser's principal
residence for a period of at least five (5) years and are a Very Low Income Household, and that
each proposed transfer occurs at an Affordable Housing Cost. The Developer will provide
affidavits of certification of the transfer price and purchaser's gross income. The Agency
reserves the right to review such information and completed forms as needed to independently
certify the transfer price and proposed purchaser's intent with respect to its residence in the unit
and its gross income.
Prior to any conveyance of an Affordable Unit, each approved purchaser
shall be required to submit to the Agency an executed disclosure statement which certifies that
the purchaser is aware that the purchaser may only sell the unit at an Affordable Housing Cost to
a Very Low Income Household, that the maximum permitted sales price may be less than fair
market value and that the unit must be owner -occupied at all times and cannot be rented or
leased without the prior written consent of the Agency. The Developer shall cooperate with the
Agency in providing such forms to proposed purchasers and in assisting proposed purchasers to
prepare such forms and provide any required information to the Agency in connection with the
Developer's original sale of the Affordable Units.
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The Developer intends to reserve a Right of First Refusal to repurchase
any Affordable Unit upon any proposed transfer thereof, as more particularly described in
Declaration of Covenants and Restrictions on Resale (Attachment No. 9). Upon receipt of the
executed disclosure statement referred to hereinabove, if the Developer does not exercise its
Right of First Refusal to repurchase any Affordable Unit, the Agency shall have the right in its
sole discretion to repurchase any such Affordable Unit from the owner thereof at an Affordable
Housing Cost as defined herein, by paying the owner the Affordable Housing Cost in cash within
60 days of the exercise of this repurchase right by the Agency.
6. Covenants to Remain Affordable. Prior to the conveyance of
each of the Affordable Units, Developer shall cause to be executed and recorded in the Orange
County Recorder's Office a restrictive covenant substantially in the form and containing the
language of the "Declaration of Covenants and Restrictions on Resale" (Attachment No. 9).
7. Agency Cooperation. At the sole discretion of the Agency
Executive Director, the Agency may cooperate with the Developer in applying for subsidized
deferred payment and low interest financing programs; provided, however, that the Agency shall
in no event be obligated to pay or loan to or on behalf of Developer any fees for application to
such loan programs.
4.02 Use in Accordance with Redevelopment Plan; Nondiscrimination
1. The Developer covenants and agrees for itself, its successors, its
assigns, and every successor in interest to the Site or any part thereof that the Developer and such
successors and assignees, shall not devote the Site to any uses not specified or permitted in the
Redevelopment Plan, the Grant Deed (Attachment No. 4) or this Agreement for the periods of
time specified therein. The foregoing covenants shall run with the land. The Developer may
assign its obligations under this Section to any homeowner's association to which all owners of
individual dwelling units on the Site are required to join and belong.
The Developer covenants by and for itself and any successors in
interest that there shall be no discrimination against or segregation of any person or group of
persons on account of race, color, creed, religion, sex, marital status, handicap, national origin or
ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor
shall the Developer itself or any person claiming under or through it establish or permit any such
practice or practices of discrimination or segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site. The
foregoing covenants shall run with the land.
The Developer shall refrain from restricting the rental, sale or lease
of the property on the basis of race, color, creed, religion, sex, marital status, handicap, national
origin or ancestry of any person. All such deeds, leases or contracts shall contain or be subject to
substantially the following nondiscrimination or nonsegregation clauses:
(a) In deeds: "The grantee herein covenants by and for
himself or herself, his or her heirs, executors, administrators and assigns, and all persons
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claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, marital status,
handicap, national origin or ancestry in the sales, lease, sublease, transfer, use, occupancy, tenure
or enjoyment of the land herein conveyed, nor shall the grantee himself or herself of any person
claiming under or through him or her, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing
covenants shall run with the land."
(b) In leases: "The lessee herein covenants by and for
himself or herself, his or her heirs, executors, administrators and assigns, and all persons
claiming under or through him or her, and this lease is made and accepted upon and subject to
the following conditions:
"There shall be no discrimination against or segregation of
any person or group of persons on account of race, color, creed, religion, sex, marital status,
handicap, ancestry or national origtransferring, in in the leasing, subleasing, use, occupancy,
tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any
person claiming under or through him or her, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased."
(c) In contracts: "There shall be no discrimination against or
segregation of, any person, or group of persons on account of race, color, creed, religion, sex,
marital status, handicap, ancestry or national origin, in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any
person claiming under or through him or her, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, subtenants, sublessees or vendees of the premises."
The covenants established in this Agreement and the Grant
Deed for the Site shall, without regard to technical classification and designation, be binding for
the benefit and in favor of the Agency, its successors and assigns, the City and any successor in
interest to the Site, or any part thereof. The covenants against racial discrimination shall remain
in effect in perpetuity.
4.03 Effect of Violation of the Terms and Provisions of this Agreement After
Completion of Construction
The Agency and Developer are deemed the beneficiaries of the terms and
provisions of this Agreement and of the covenants running with the land, for and in their own
rights and for the purposes of protecting the interests of the community and other parties, public
or private, in whose favor and for whose benefit this Agreement and the covenants running with
the land have been provided. The Agreement and the covenants shall run in favor of the Agency
and Developer, without regard to whether the Agency has been, remains or is an owner of any
land or interest therein in the Site or in the Project Area. The Agency and Developer shall each
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have the right, if the Agreement or covenants are breached, to exercise all rights and remedies,
and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the
curing of such breaches to which it or any other beneficiaries of this Agreement and covenants
maybe entitled, including but not limited to injunction and/or specific performance.
4.04 Maintenance of the Site
1. During the period of the Developer's ownership of the Site or any
portion thereof, the Developer shall maintain the improvements which it owns on the Site in
conformity with the Huntington Beach Municipal Code and (as modified by any specific use
permits obtained pursuant to the terms of this Agreement) and shall keep the Site free from any
accumulation of debris or waste materials. During such period and following installation of
same, the Developer shall also maintain the landscaping required to be planted on the Site and
adjacent to the Site under the Scope of Development (Attachment No. 5) in a healthy condition.
If, at any time, Developer fails to maintain the Site or any portion thereof, and said condition is
not corrected as soon as reasonably possible after written notice from the Agency, either the
Agency or the City may perform the necessary maintenance and Developer shall pay such costs
as are reasonably incurred for such maintenance.
2. Issuance of a Certificate of Completion by the Agency shall not
affect Developer's obligations under this Section 4.04. Such obligations shall remain in effect
until the time Developer conveys ownership of the Site, the maintenance responsibility shall run
with the land and the Developer shall have no further obligations under this Section 4.04; and
further provided, that at the time Developer sells a particular dwelling unit, the maintenance
responsibility with respect to such unit shall run with the land and Developer shall have no
further obligations pursuant to this Section 4.04 with respect to such unit.
4.05 Best Efforts to Sell Affordable Units
The Developer agrees to exercise best efforts consistent with prudent
business practices to sell all of the Affordable Units developed on the Site as soon as practical
following the date of the issuance of the Certificate of Completion (Attachment No. 7) for the
Improvements. The Developer agrees that the Affordable Units shall not be leased or rented by
the Developer or any party related to the Developer unless prior written approval is obtained by
the Agency. Interim rental to a proposed purchaser during the performance of the purchaser's
"sweat equity" obligation with Developer shall be allowed.
SECTION 5: DEFAULTS AND REMEDIES
5.01 Defaults -- General
Subject to the extensions of time set forth in Section 6.03, failure or delay
by either party to perform any material term or provision of this Agreement constitutes a default
under this Agreement. A party claiming a default shall first be required to give not less than
fifteen (15) days prior written notice of default to the other party, specifying the default
complained of and the actions required to correct such default.
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The claimant shall not institute proceedings against the other party if the
other party, within thirty (30) days from receipt of such notice, immediately and with due
diligence commences to cure, correct or remedy such failure or delay and completes such cure,
correction or remedy as soon as reasonably practicable thereafter.
5.02 Institution of Leval Actions
In addition to any other rights or remedies and subject to the restrictions in
Section 5.01, either party shall submit any and all disputes seeking specific performance of the
terms of this Agreement, or to cure, correct or remedy any default, to recover damages for any
default, or to obtain any other legal or equitable remedy consistent with the purpose of this
Agreement, only to a retired Judge of the Superior Court in and for the State of California
(hereinafter "Superior Court") in the following manner:
(a) The parties must agree on the Judge's identity within five (5) days
after the dispute arises or, at the end of the fifth day, the parties'
respective counsel shall be authorized to agree upon the Judge's
identity and bind their clients. Failure to cooperate in this selection
process waives the uncooperative party's right to participate in the
selection process, or object to the Judge selected.
(b) Disputed matters shall be promptly submitted to the Judge in a
manner determined by him/her foIlowing his/her selection. Once a
matter is submitted to the Judge, s/he is empowered with the full
authority of a judge sitting on the bench of the Superior Court in
and for the State of California (hereinafter "Superior Court"), and
may make any ruling consistent with that power. In order to
implement this provision, the parties, by executing this Agreement,
agree to execute and file with the Superior Court, such papers as
are appropriate to procure the appointment of said Judge as a Judge
Pro-Tempore of the Superior Court.
(c) Each party shall bear its own attorney's fees and costs regarding
any legal action instituted under this agreement. The prevailing
party shall not be entitled to recover its attorney's fees and costs.
The Judge may make any order he feels appropriate regarding
which party or parties should pay for the fees and costs of the
Judge.
(d) The rights of judicial review granted under this Paragraph are the
only rights of judicial review that are available to the parties
hereto. They are exclusive of all other rights of relief which might
otherwise be held by them. It is their intention that all of the
disputes arising out of, or related to, their execution of this
Agreement, or the rights or responsibilities granted or imposed by
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this Agreement, be resolved exclusively in the manner provided for
in this Paragraph and its subparts. Consistent with this intention,
the parties, by executing this Agreement, specifically acknowledge
that the decisions and orders of the Judge are nonappealable and
either party shall have the nonreviewable, and, therefore, they are
waiving their right to seek relief in the State or Federal Courts,
except including for the purpose of securing and confirming the
authority of the Judge provided for herein, and to enforce his/her
decisions and orders by confirmation pursuant to the California
Code of Civil Procedure Section 1280 et seq., or through
appropriate injunctive relief. In the event that a party files any
action inconsistent with the terms of this Paragraph, then the party
filing the action will be liable for all fees and costs actually
incurred by the other party in responding to said action, regardless
of its outcome.
5.03 Applicable Law
The laws of the State of California shall govern the interpretation and
enforcement of this Agreement.
5.04 Acceptance of Service of Process
In the event that any action is commenced by the Developer against the
Agency, service of process on the Agency shall be made by personal service upon the Director or
in such other manner as may be provided by the retired judge.
In the event that any action is commenced by the Agency against the
Developer, service of process on the Developer, if applicable, shall be made by personal service
upon any partner or officer or director of the Developer and shall be valid whether made within
or without the State of California or in such other manner as may be provided by the retired
judge. Service of any of the foregoing natural persons accomplished by or on behalf of the
Agency shall be deemed to effect service on the Developer (and all of its constituent members)
to the greatest extent permitted by law.
5.05 Rights and Remedies Are Cumulative
Except as otherwise expressly stated in this Agreement, the rights and
remedies of the parties are cumulative, and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party.
5.06 Inaction Not a Waiver of Default
Any failures or delays by either party in asserting any of its rights and
remedies as to any default shall not operate as a waiver of any default or of any such rights or
25
4\04-99-Agree:Habifat: DDAHabitti2122100
ALS 99-161
remedies, or deprive either such party of its right to institute and maintain any actions or
proceedings which it may deem necessary to protect, assert or enforce any such rights or
remedies.
5.07 Remedies and Ri,hts of Termination Prior to Conveyance: Damages
Prior to the Conveyance of the Agency Parcel, if either party defaults with
regard to any of the provisions of this Agreement, the non -defaulting party shall serve written
notice of such default upon the defaulting party. If the default is not cured within the time as set
forth in Section 5.01, the defaulting party shall be liable to the other party for any damages
caused by such default, except as provided in Section 5.10 herein.
5.08 S ecific Performance
Prior to the Conveyance of the Agency Parcel, if either party defaults
under any of the provisions of this Agreement, the non -defaulting party shall serve written notice
of such default upon the defaulting party. If the default is not cured by the defaulting party
within the time set forth in Section 5.01, the non -defaulting party at its option may thereafter (but
not before) seek specific performance of terms of this Agreement in accordance with Section
5.02 herein.
5.09 Termination by the Developer Prior to the Conveyance
A. In the event that prior to the Conveyance of the Agency Parcel the
Developer is not in default of the Agreement and:
(a) any of the Conditions Precedent to Developer's Obligation
to Acquire the Agency Parcel, as described in Section
2.13(B) of this Agreement, have not been timely satisfied
(or waived by the Developer in its sole and absolute
discretion); or
(b) The Environmental Consultant determines that the
Remediation Cost exceeds Fifty Thousand Dollars
(550,000) and neither party has agreed to pay the additional
Remediation Cost in excess of Fifty Thousand Dollars
($50,000); or
(c) The Agency is in default of this Agreement and has not
cured or commenced to cure such default within the time
period set forth in Section 5.01 hereof;
then, subject to the applicable cure provisions contained in Section 5.01 herein, at the option of
the Developer, thirty (30) days after written notice thereof is delivered to the Agency, all
provisions of this Agreement with respect to the Agency Parcel (and the Site) shall terminate and
be of no further force and effect; thereafter, neither the Agency nor the Developer shall have any
26
4ts\4-99 :Agree-Habitat:DDA1 [abiN-1/22M
RLS 99-161
further rights against or liability to the other with respect to the Agency Parcel (or the Site) under
this Agreement; provided, however, that such a termination shall not deprive the Developer of its
damages remedy pursuant to Section 5.07 hereof.
5.10 Termination by the Agency Prior to the Conveyance
A. In the event that prior to the Conveyance of the Agency Parcel the
Agency is not in default of this Agreement and:
(a) any of the Conditions Precedent to Agency's Obligation to
Convey the Agency Parcel, as described in Section 2.13(A)
of this Agreement, have not been timely satisfied (or
waived by the Agency in its sole and absolute discretion);
or
(b) the Environmental Consultant determines that the
Remediation Cost exceeds Fifty Thousand Dollars
($50,000) and neither party has agreed to pay the additional
Remediation Cost in excess of Fifty Thousand Dollars
($50,000); or
(c) The Developer has failed to obtain firm and binding
commitments to funding necessary to undertake the
Improvements, approved by the Agency pursuant to
Section 2.15, within the time set forth in the Schedule of
Performance (Attachment No. 3); or
(d) The Developer is in default of this Agreement and has not
cured or commenced to cure such default within the time
period set forth in Section 5.01 hereof,
then, subject to the applicable cure provisions of Section 5.01 herein, at the option of the
Agency, thirty (30) days after written notice thereof is delivered to the Developer, all provisions
of this Agreement with respect to the Agency Parcel (and the Site) shall terminate and be of no
further force or effect, and thereafter neither party shall have any further rights against the other
with respect to the Agency Parcels under this Agreement; provided, however, that such a
termination shall not deprive the Agency of its damages remedy pursuant to Section 5.07 hereof.
5.11 Remedies of the Parties for Default After the Conveyance: Termination
and Damages
After the Conveyance of the Agency Parcels, if the Developer or the
Agency defaults with regard to any of the provisions of this Agreement, the nondefaulting party
shall serve written notice of such default upon the defaulting party. If the default is not cured or
commenced to be cured by the defaulting party within the time required by Section 5.01 hereof,
the defaulting party shall be liable to the other party for any damages caused by such default.
27
4WA-99-Agree-Habitat: DDA Habi t12/22; 00
RL5 99-161
5.12 Action for Specific Performance
After the Conveyance of the Agency Parcels, if either the Developer or the
Agency defaults under any of the provisions of this Agreement the nondefaulting party shall
serve written notice of such default upon the defaulting party. If the default is not cured or
commenced to be cured within the time required by Section 5.01 hereof, the nondefaulting party
at its option may institute an action for specific performance of the terms of this Agreement.
SECTION 6: GENERAL PROVISIONS
6.01 Notices, Demands and Communications Between the Parties
Written notices, demands and communications between the Agency and
the Developer shall be sufficiently given if delivered by hand or dispatched by first class mail,
postage prepaid, return receipt requested, to the principal offices of the Agency and the
Developer at the addresses specified in Sections 1.04 and 1.05, respectively. Such written
notices, demands and communications may be sent in the same manner to such other addresses
as either party may from time to time designate by mail as provided in this Section 6.01.
Any written notice, demand or communication shall be deemed received
immediately if delivered by hand and shall be deemed received on the date actually received or
the third day from the date it is postmarked if delivered by registered or certified mail.
6.02 Conflicts of Interest
No member, official or employee of the Agency shall have any personal
interest, direct or indirect, in this Agreement, nor shall any member, official or employee
participate in any decision relating to the Agreement which affects his personal interests or the
interests of any corporation, partnership or association in which he is directly or indirectly
interested.
6.03 Enforced Delay; Extension of Times of Performance
In addition to specific provisions of this Agreement, performance by either
party hereunder shall not be deemed to be in default, and all performance and other dates
specified in this Agreement shall be extended, where delays or defaults are due to: war;
insurrection; strikes-, lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the
public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation;
governmental restrictions or priority; litigation; unusually severe weather; acts or omissions of
the other party; acts or failures to act of the City of Huntington Beach or any other public or
governmental agency or entity (other than the acts of the Agency which shall not excuse
performance by the Agency); or any other causes beyond the control or without the fault of the
party claiming an extension of time to perform. Notwithstanding anything to the contrary in this
Agreement, an extension of time for any such cause shall be for the period of the enforced delay
and shall commence to run from the time of the commencement of the cause, if notice by the
28
4%s%4-99-Agree: Habitat: DDA Habit4122i00
RLS 99-161
party claiming such extension is sent to the other party within thirty (30) days of the
commencement of the cause. Times of performance under this Agreement may also be extended
in writing by the mutual agreement of Agency and Developer.
Notwithstanding the foregoing portion of this Section 6.03, the Developer
is not entitled pursuant to this Section 6.03 to an extension of time to perform because of past,
present, or future difficulty in obtaining suitable temporary or permanent financing for the
development of the Site or, after any environmental remediation performed pursuant to
Section 2.11 is completed, because of the physical condition or suitability of the Agency Parcel
or the Site for the purposes of this Agreement.
6.04 Non -Liability of Officials and Employees of the Agency
No member, official or employee of the Agency shall be personally liable
to the Developer, or any successor in interest, in the event of any default or breach by the
Agency or for any amount which may become due to the Developer or its successors, or on any
obligations under the terms of this Agreement.
No member, official or employee volunteer of the Developer shall be
personally liable to the Agency, or any successor in interest, in the event of any default or breach
by the Developer or for any amount which may become due to the Agency or its successors, or
on any obligations under the terms of this Agreement.
6.05 Entire Agreement, Waivers, Amendments
This Agreement includes pages 1 through 31 and Attachments 1 through
9, which constitutes the entire understanding and agreement of the parties.
This Agreement integrates all of the terms and conditions mentioned
herein or incidental hereto, and supersedes all negotiations or previous agreements between the
parties or their predecessors in interest with respect to all or any part of the subject matter hereof.
All waivers of the provisions of this Agreement must be in writing by the
appropriate authorities of the Agency and the Developer, and all amendments hereto must be in
writing by the appropriate authorities of the Agency and the Developer.
6.06 Memorandum of Agreement
Concurrently with the closing of the Agency Parcel Escrow, the parties
hereto shall execute and cause a Memorandum of Agreement attached hereto as Attachment
No. 6 and incorporated herein to be recorded as an encumbrance upon the Site in the official
records of Orange County, California. The Agency shall cooperate with the Developer in
causing such memorandum to be removed as an encumbrance upon the Site and releasing any
purchaser and encumbrance for value from the restrictions of the memorandum at the expiration
of the Affordability Period (as set forth in Section 4.01(2) hereof) or as otherwise consistent with
the purposes of this Agreement.
29
4'-s' 4-99-A eree: Habitat: DDA Habi t 2i22,'00
RLS 99-1 G I1
6.07 Approvals
In any circumstance where under this Agreement either party is required
to approve or disapprove any matter, approval shall not be unreasonably withheld, delayed or
conditioned.
IN WITNESS WHEREOF, the Agency and the Developer have executed this Agreement
by and through their authorized officers on the date first above written.
HABITAT FOR HUMANITY OF
ORANGE COUNTY, INC.
a California non-profit public benefit
corporation
REVIEWED - APPROVED:
xec. ive Director
ATTES
Agency Clerk _
30
REDEVELOPMENT AGENCY OF
THE CITY OF HUNTINGTON BEACH,
a public body corporate and politic
INITIATED AND APPROVED:
Mod c4r _
Director of Economic Development
iW YL—o0
APPROVED AS TO FORM:
4-1 c _ I / —ff-7-
Age cy General Counsel
4\s\4-99-Agree: Habitat: DDAHabit\2/22/00
RLS 99-161
ATTACHMENT NO. I
SITE MAP
4's!4-99-Aeree:llabitat:DDA1-iabit,2/22 00
RLS 99-1 Cl
liG1S t_U[x 1 L 1
Exhibit
AP No. 25--121---01
YORKTOWN AVENUE
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SURPLUS PRaPERTIES
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
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CENT"RY 2l
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P. 006
Exhibit "B''
AP No. 2 5---- Z 21-- 3f _
YORKTOWN AVENUE
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SURPLUS PROPERTIES'
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Jp DEPARTMENT OF PUBLIC WORKS
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AP No. 25--111-- 35 .
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YORKTOWN
Exhibit "B"
AVENUE
SURPLUS PROPERTIES
['.ITY nF [4HHTlMrT0M PPAr -!
PEPARTMENT OF PUBLIC WORKS
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ATTACHMENT NO.2
LEGAL DESCRIPTION
4WA-99-Agree: Habitat- legaldes\?!22r00
RLS 99-161
F. of I
tv•.7 vL+iiJVnl tf
EXHxB:ET 11914
PARCEL DECLARED AS SURPLUS
Ar No. 2rk-I11--39
LEGAL DESCii9MON
PARCEL No.1, AP Nro. 25-1II-39,
THAT PORTION OF LAND I•'WTITiIN BLOCK 2505 OF THE EAST SIDE. VILLA TRACT, LOCATED W
THE CTI'Y OF i-IL VI nNGTON BEACH, COUNTY OE ORANGE, STATE OF CALIFORNIA, AS SHOWN
O2ti THE �IAP FILED IN BOOK 4, PAGE 65 OF MLCELLANEOUS MAPS, LN RECORDS OF SAID
COUNTY, DESCRIBED AS FOLLOW5.
TEiE N.OZTH 50.00 FEIiT OF THE SOUTH 50.00 FEET OF SF.IO BLOCK 2535.
EXCEPTING THEREFROM ThE WEST 145.60 FEET ANED THE EAST• ?0.00 FELT.
THE ABOVE DESCRIBED PARCEL. CONTAINS 3,450 SQUARE FEET, hf.ORE OR LESS.
EXHIBIT AND BY THIS REFERENCE MADE A PART HEREOF.
R- 61 DATE
E . 3' 91
OF c A�1F
JUN. -09' 98(TU£) 10:37 CEN" RY 21 P. 005
EDqLMjT
PARCEL DECLARED AS SY3RPLUS
AP No. 25. 22-36
�9 c)-1 xWO,^ � t, e
LEGAL DESCRIPTION
PARCEL No.1, AP No. 25-I21-36:
THAT PORTION OF )..AND WITHIN BLOCK 2406 OF THE EAST SIDE VIL.I-A TRACT, LOCATED LN
THE CITY OF HUNnNGTON BEACH, COUNTY OF QRANGE, STATE OF CALIFORNIIA, AS Sr IOWNT
ON THE MAP FILED IN BOOK 4, PAGE 65 OF tvUSCELLANEOUS MAPS, Rd RECORDS OF SAID
COUNTY, tD SCIZFHED AS FOLLOWS;
THE SOUTH 40.00 FEET CF'IHE NORTI-i 60.00 T-FFi' OF 5AID BLOCK 2406.
EXCEFTR IG THERE ROM :-HE WEST 30.00 FEET AND THE EAST 145.0 FEET.
THE ABOVE IDESCRI.BE] FATzCEL CONTAINS 5,000 SQUARE FEES', ly:O:ZE OR LESS.
EXHIBIT "3' ATTACHED AND BY THIS REFERENCE MP.DE A PART HEX EOF.
f�ESSfp�,
9
SALT CIVIL
pop Cr�LtiF°
i
1-7
'JUN. -09. g81'4'UE) 10.38 CENTURY 21
PARCEL DECLARED AS SURPLUS
AP No. 25-1ZI-01 .
VEGAL DESCRIMON
FARCE~ No,1, AP No. 25-I27-0I:
THAT PORTIONT OF LAND WITHIN BLOCK 2406 OF THE EAST SIDE VILLA TRACT, LOCATED IN"
THE CITY OF HUNTINGTON BEACH, COU,N MY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON THE MAP FILED INS' BOOK 4, PAGE 65 OF MISCELLANEOUS MAPS, IN RECORDS OF SAID
COUNTY, DESCRIBED A5 FOLLOWS:
THE SOUTH 40.00 FEET OF THE NORTH 60.00 FEET OF SAID BLOCK 2406,
EXCEPTING THERE M-1 OM THE WE-5T 175.00 FEET.
THE ABOVE DESCRIEED PARCEL CONTAINS 5,000 SQUARE FEET, MORE OR LESS.
EXHIB-IT "B° ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
DAIS
r•
CIS; fs
ATTACHMENT NO.3
SCHEDULE OF PERFORMANCE
Opening of Escrow. Agency shall open
Escrows for the conveyance of parcels.
Satisfaction — Conditions.
Developer shall satisfy all of the
conditions precedent set forth in section
2.13 B.
Closing of Escrows. The Escrow shall
close and the parcels conveyed to the
developer.
Commencement of Improvements.
Developer shall commence construction
of the improvements.
Completion of On -site Improvements.
Developer shall complete the
improvements.
Completion of Off -site Improvements.
Developer shall complete the
Improvements.
Within ten working days of the Agency
approval of the DDA.
Within 60 days of opening of Escrows.
Promptly upon satisfaction of conditions
precedent as set forth in section 2.13 B.
Within 30 days of close of Escrows.
Not later 13 months of the close of
Escrows.
Not later than 16 months of the close of
Escrows.
ATTACHMENT NO. 5
SCOPE OF DEVELOPMENT
I. Improvements
The Improvements shall consist of the construction of three (3) single family residential
units within the City of Huntington Beach ("City") by volunteers and contractors for sale to Very
Low Income owner occupants, including the construction of garages, landscaping, and related
on -site improvements. The Improvements shall be constructed in accordance with the
Construction Drawings to be approved by Agency, planning entitlements and building permits
required and approved by the City and any other governmental agencies having jurisdiction over
the Improvements. The Improvements are to be constructed in a good workmanlike fashion,
using first class materials, and completed in a lien free manner.
II. Changes in Development Plans
If Habitat desires to make any changes in any approved plans which would require City
and/or Agency approval, Habitat shall submit the proposed changes to the City and/or Agency
for approval. Said changes shall be approved or disapproved, in writing, by the City and/or
within thirty (30) days of submission by Habitat.
III. Compliance with Municipal, Federal, State and County Code Standards and
Redevelopment Plan
Habitat Improvements shall conform to all applicable Municipal, Federal, State and
County Code Standards and the requirements of the Redevelopment Plan.
4/s:4-99Agree: Habitat:5cope
RLs 99-161
6;1%99
ATTACHMENT NO.7
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
0FF1cE of 7-,qE C, tyClE1E'k
- o' BOA Igo
kunfr177 -8Fack CA- 92.(-5(k
(Space above for Recorder's Use)
This document is exempt from the payment
of a recording fee pursuant to Government
Code Section 6103.
THE REDEVELOPMENT AGENCY OF
THE CITY OF HUNTINGTON BEACH
By:_
Its:
Dated: 12000
CERTIFICATE OF COMPLETION FOR
CONSTRUCTION AND DEVELOPMENT
A. On or about , the REDEVELOPMENT AGENCY OF
THE CITY OF HUNTINGTON BEACH, a public body, corporate and politic, hereinafter
referred to as "Agency", entered into a Disposition and Development Agreement (the
"Agreement") with HABITAT FOR HUMANITY OF ORANGE COUNTY, INC., a California
nonprofit public benefit corporation (the "Developer"), which Agreement provides, inter alia, for
the disposition and the development of certain real property (the "Site") situated in the City of
Huntington Beach, California, and more particularly described on Exhibit "A" attached hereto
and made a part hereof by this reference.
B. As required in the Agreement and as referenced in the Grant Deed recorded on
2000, as Instrument No. in Book , Page of the
Official Records of Orange County, California, and the Memorandum of Agreement recorded on
, 2000, as Instrument No. in Book , Page of the
Official Records of Orange County, California, the Agency shall furnish the Developer with a
Certificate of Completion for the Site upon completion of construction of the Improvements
Attachment No. 7
Page l of 3
4:'s:4-99Agree:Habitat:CertComp > >
RLs 99-161
61U99
r Y
��i
required by the Agreement, which Certificate shall be in such form as to permit it to be recorded
in the Recorder's Office of Orange County.
C. The Agency has conclusively determined that the construction on the Site
described hereinabove required by the Agreement and the Grant Deed has been satisfactorily
completed.
NOW, THEREFORE, the parties hereto certify as follows:
I . As provided in the Agreement, the Agency does hereby certify that the
construction of the Improvements on the Site has been fully and satisfactorily performed and
completed.
2. The conditions and all rights and obligations under the Agreement as pertains to
the Improvements are terminated, except as set forth or referenced in the Grant Deed and
Memorandum of Agreement referred to in Recital B herein.
3. Nothing contained in this instrument shall modify in any other way any other
provisions of the Grant Deed or the Memorandum of Agreement.
4. After recordation of this Certificate of Completion, any person or entity then
owning or thereafter purchasing, leasing, or otherwise acquiring any interest in the
Improvements will not (because of such ownership, purchase, lease, or acquisition) incur any
obligation or liability under the Agreement, the Grant Deed or the Memorandum of Agreement,
except that such party shall be bound by any and all of the covenants, conditions, and restrictions
which sun?ive such recordation.
5. This Certificate of Completion shall not constitute evidence of compliance with or
satisfaction of any obligation of the Developer to any holder of a mortgage, or any insurer of a
mortgage securing money loaned to finance the improvements to the Property, nor any part
thereof This Certificate of Completion is not notice of completion as referred to in Section 3093
of the California Civil Code.
Attachment No. 7
Page 2 of 3
4.+s:4-99AWee:Habi tat:CertComp
RLS 99-161
6%1 199
'r
6. The Recitals above are incorporated in full as part of the substantive text of this
Certificate of Completion.
IN WITNESS WHEREOF, the Agency has executed this certificate this day of
, 2000.
THE REDEVELOPMENT AGENCY OF
THE CITY OF HUNTINGTON BEACH,
a public body corporate and politic
Its:
ATTEST: APPROVED AS TO FORML :
Agency Clerk Agency Counsel
Developer hereby consents to the recording of this Certificate of Completion.
HABITAT FOR HUMANITY OF
ORA-NIGE COUNTY, INC., a
California nonprofit public benefit
corporation
By:
Its:
By:
Its:
Attachment No. 7
page 3 or
4!s:3-99A=e:l labitat:CertComp
RLS 99-161
611199
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EXHIBIT A TO
CERTIFICATE OF COMPLETION
LEGAL DESCRIPTION OF SITE
Exhibit A to
Attachment No_ 7
4:G:Agree:Habitat:Att2cb7`2/22100
�i8 JTUE) 10:38 CEN T RY 21 P. 008
4�ryj�' {1{ T 1ra-Cye!,fT�I �f f ,�y1 yp =-IIBIT I&Y
1000 VAR 23-, 11= I
PARCEL DECLARED AS SURPLUS
AP No. 25-3�2/1-01 ,
Y.EGAY. DESCRIPTION
PARCEL N'o.1, AP No. 25-I2I-0I
THAT PCRTIONT OF LAID NVTTFUN' $LACK 206 OF THE EAST 510E VILLA TRACT, LOCATED IN
THE CITY OF HUNTINGTON 'BEACH, COU_V]TY OF ORANGE, STATE. OF CALIFORNIA, AS SHO1H?1
OX THEE MAP FILED IN BOOK 4, PAGE 65 Or , iISCFLLANEiDUS MAPS, IN RECORDS OF Sp.ID
COUNT-Y, DESCRIBED AS FOLLOWS:
THE SOUTH 40.00 PEfiT OF THE NORT-H 60.00 FEET OF SAID BLOCK 2406.
EXCEPTING THE, RE 1 HE WEST 175.00 F-ER .
TI-i} ABOVE DESCRIBED PARCEL CON -FAINTS 5,000 SQUARE FEET, MORE OR LESS.
EXHIB: T "B° ATTACHED AND BY THIS REFEl,ENCE MAD: A PART HE(ZEOF_
l
?j 1%
DATE
4M.-E19'_98 ME1 Ia:3 7 GEK""QY Z I P. 065
• 1 Cf1�iVrai
NI NT,'� i,7 T- UTi EJEACH, CA
1Q�t� MAR 2 3 A 11- 21 �-Rm-tT IDS rA 7
PARCEL DECLARED AS SXIRPLUS
AP No. 25- 22-36
LEGAL, DESCRIPTIO
PARCEL No.1, AP No. 25-I22-96-
THAT PORTION Or LAND iti'IT? IN BLOCK 2475 OF THE EAST SID—E VIL.i 4 TRACT, LOCATED W
THE CITY OF HUNTINGION BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOI-'1N
ON THE MAT' FILED IN BOOK 4, PAGE 65 OF M.SCELLANEOUS MAPS, IINT RECORDS C). S.km
COUNTY, l-SCRrBED AS FOLLOWS;
THE SOUTH 40 AO FEET CF i HE NORTH 60.03 FEE:' OF SAID BLOCK 2406.
EXCEPT ING THEREFROM, i rlF WFSr 30.00 FEFI' AND THE EAST 145.00 FEET.
THE ABOVE DE✓SCRiDED ARCEf_ CONTAINS 5,000 SQUARE FELT, MORE OR LESS.
EXHIBIT "S' ATTACHED AND BY THIS REFERENCE MADE A rATR T HE REOR
� ��pFFSS/0},.
,s,
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C-E, 2 � DATE
CIVIL
4
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HUNT C i C:;F ,CH, CA i3T3xT 'jg ►1
Z000 NAR 2 3 A N: 2 Q BLS im ~ i( i
PARCEL DECLARED A5 SURPLUS
AP No. 25-111-39
LEGAL DESC{UMON
FARCE'., N(3,1, AP Mo. 25-I I I-39,
TI-IA T FORTION 0- s.AND WHIN BLOCK 2505 OF THE EAST SID2 VILLA TRACT, LOCATED LNT
T"r'E Ci-4- OF T-iU: T -4GTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS S:iOWN
03< THE MAP FIU0 IN BOOK 4, PAGE 65 OF MLECE.L.LANF-GUS MAPS, LN RECORDS OF SAID
COUA T)' DFSCIt1BED AS FOLLOWS.
T HE IN;OItTH $0.00 FEI OF THE SOu'M 50.00 FEET OFSAID BLOCK 2505.
EXCEPTING THE.R=FROM TF.E. WESr -145.00 FEET AMDTHE EAR 50.w FEE`!'.
7 : z ",'&OVE DESCRI"ni:D FAIRCEL CON AINS 1,450 SQUARE FEET, MollE OR LESS.
'EXHIBIT `B" A L TACHED AND BY TF S REFERENCE ?,BADE A PARTHBIZEDF.
R.c �y 61 DATE
:u
E
�4T CIVIL-
_-
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ATTACHMENT NO. 8
SCHEDULE OF FEES
Public Works
Sewer
-City
-County
Water
-Connection fee
-Construction
Drainage fee
Traffic Impact
Park & Recreation fees
Library fees
School fees
Planning fees
CUP filing fee
Tentative Parcel Map filing fee
Special Permit filing fee
Final Parcel Map
CC&R Review fee
Address assignment
Landscape Plan Check fee
Landscape Inspection fee
Inspection fees
Map Plan Check fee
Public Improvement Plan Check
Public Improvement Inspection
Tract Plan Check
Grading Plan Check
Grading Inspection
Water Connection Inspection
Encroachment Permit
Obstruction Permit
Building Plan Check/Permit/Insurance
Mech/Elec/Plumbing
Total
41s:4-99 Agree llabitaffees
RLS 99-161
6!!!99
S 520
7,050
240
216
1,650
2,475
7,222
480
5,503
2,375
585
270
150
400
125
110
480
250
480
110
1,200
480
835
1,035
600
1,232
50
2,220
1.200
$39,543
Summary Report 33433
ATTACHMENT
#5
SUMMARY REPORT PURSUANT TO
SECTION 33433
of the
CALIFORNIA COMMUNITY REDEVELOPMENT LAW
on a
DISPOSITION AND DEVELOPMENT AGREEMENT
by and between the
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
and
HABITAT FOR HUMANITY OF ORANGE COUNTY INC.
This Summary Report has been prepared for the Redevelopment Agency of the City of
Huntington Beach (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 and Habitat for Humanity of
Orange County Inc. (Developer). The transaction requires the Agency to convey one
3,450 square foot and two 5,000 square foot lots located at 2422 England Street
(formerly 602 Yorktown Avenue), 2501 England Street and 2419 Florida Street (formerly
620 Yorktown Avenue). These lots are located outside of the Huntington Beach
Redevelopment Project (the Project Area), but will benefit the Project Area to allow for
the construction of three single family housing units to be sold to very -low income
households.
This Summary Report is based upon information contained within the Agreement; and is
organized into the following seven sections:
I. Salient Points of the Proposed Agreement: This section describes the major
responsibilities of the Agency and the Developer;
II. Cost of the Agreement to the Agency: This section details the cost of the
Agreement to the Agency, including property acquisition costs, tenant relocation
costs, off -sites costs, environmental costs and direct Agency financial assistance;
III. Estimated Value of the Interests to be Conveyed Determined At the Highest
Use permitted Under the Redevelopment Plan: This section estimates the
value of the interests to be conveyed determined at the highest use permitted
under the Site's zoning and the requirements imposed by the redevelopment
plan;
IV. Estimated Reuse Value of the Interests to be Conveyed: This section
estimates the value supported by the Site based on the required use and with the
conditions, covenants and development costs required by the Agreement;
V. Consideration Received and Comparison with the Fair Reuse Value: This
section describes the compensation to be received by the Agency, and the
reasons for any difference between the compensation and the fair reuse value;
VI. Blight Elimination: This section describes the former blighting conditions on the
property, and explains how the Agreement will alleviate the blighting influence,
and;
Vll. Conformance with the AB1290 Implementation Plan: This section explains
how the proposed Agreement complies with the redevelopment strategy
identified in the AB1290 Implementation Plan.
This report and the proposed Agreement are to be made available for public inspection
prior to the approval of the Agreement.
1. SALIENT POINTS OF THE PROPOSED AGREEMENT
A. Developer Responsibilities
Under the proposed Agreement, Developer must accept the following
responsibilities:
1. The Developer accepts the Site from the Agency for no financial
consideration.
2. The Developer must construct all on -site improvements required to serve
the Site.
3. The Developer must construct one two -bedroom and two four -bedroom
single family detached units including attached garages and private open
space.
4. The project improvements must comply with the construction drawings
approved by the Agency, and must be constructed in a workmanlike
fashion, using first class materials.
5. The Developer must sell the units at an affordable purchase price to very
low-income households as defined in Section 50052.5 of the California
Health and Safety Code. The income and affordability restrictions must
remain in place for at least 60 years.
K
6. The Developer must have the Covenants, Conditions and Restrictions
(CCRs) approved by the Agency.
B. Agency Responsibilities
Under the proposed Agreement, the Agency must accept the following
responsibilities:
1. The Agency has purchased the Sites from the City of Huntington Beach
and must convey them to Habitat for Humanity.
2. The Agency must construct any off -site improvements required to serve
the proposed development.
3. The Agency must remediate and/or remove hazardous materials or
hazardous materials contamination from the Site. The maximum cost
exposure to the Agency under this requirement is $50,000.
4. The Agency must convey the Site to the Developer for no consideration.
5. The Agency must pay all development and plan check fees for the project
up to a maximum of $50,000.
II. COST OF THE AGREEMENT TO THE AGENCY
The costs to be incurred by the Agency include land acquisition, off -site improvement
construction, hazardous materials remediation and payment of the project's
development and plan check fees. The Agency costs have been identified as follows:
Agency Acquisition of City Parcel
$189,000
Habitat Escrow/Closing Costs
10,000
Estimated Off -Site Improvement Costs
35,000
Hazardous Remediation Testing/Costs
0
Development and Plan Check Fees
50,000
Total Cost to Agency $284,000
(Less) Developer Land Payment' R
Net Cost to Agency $284,000
As indicated in the table above, the total cost to the Agency is estimated at $284,000, or
approximately $ 95,000 per unit.
3
Ill. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED DETERMINED
AT THE HIGHEST USE PERMITTED UNDER THE REDEVELOPMENT PLAN
Section 33433 of the California Health and Safety Code requires the Agency to identify
the value of the interests being conveyed at the highest use allowed by the zoning of
the Site and the requirements imposed by the redevelopment plan. The valuation must
be based on the assumption that near -term development is required, but the valuation
does not take into consideration any extraordinary use and/or quality restrictions being
imposed on the development by the Agency.
The City commissioned a highest and best use appraisal of the Site in 1997, to
establish the price to be paid to acquire the Site from the City. This appraisal concluded
that residential development represents the highest and best use of the Site, and that
the fair market value was $210,000. Based on more recent comparable sales, this
value still represents the estimated fair market value.
IV. ESTIMATED REUSE VALUE OF THE INTERESTS TO BE CONVEYED
The Agency performed a reuse valuation analysis of the scope of development required
by the Agreement. This analysis indicated that Habitat for Humanity projects are unique
in that the majority of the development costs are funded using volunteer labor and
donated materials, and that Habitat then sells the units to very -low income households
and provides the home buyers with interest free first trust deed mortgages. The reuse
valuation took all these factors into account and concluded that absent any public
financial assistance, the project could not support any land payment. In fact, the
analysis indicated that the Site would have to be donated at no cost and that direct
financial assistance would have to be provided to make the project financially feasible.
V. CONSIDERATION RECEIVED AND COMPARISON WITH THE FAIR REUSE
VALUE
In order to provide homeownership opportunities to very low income buyers, the Agency
must convey the Sites to Habitat for no consideration. Using an analysis from Keyser
Marston Associates (KMA), the sales price of each affordable unit should be $ 62,800
for the two bedroom unit and $67,000 for the four bedroom units. While the
consideration received by the Agency does not exceed the Site's established fair reuse
value, the land contribution is justified based on the estimated market prices of the
units: $180,000 for the one bedroom home and $200,000 for the four bedroom houses.
The Sites appraised for $210,000 in 1997. The Agency paid $189,000 for the Sites in
1998. These sites were remnants left over from a street widening project and are not as
desirable as similar lots with similar development potential. They are of a substandard
size and are located on a street with moderate to heavy traffic flow.
4
VI. BLIGHT ELIMINATION
The creation of affordable housing units is mandated by Section 33413 of the California
Health and Safety Code. In addition, the Site is currently vacant and located in the midst
of a residential neighborhood. Thus, the proposed development on the Sites will both
eliminate the blighting influence of the vacant lot by introducing a new quality residential
project to the neighborhood, and it will fulfill a portion of the Agency's obligation to
provide affordable units for very -low income households.
VII. CONFORMANCE WITH THE AB1290 IMPLEMENTATION PLAN
The Huntington Beach Redevelopment Project Area is subject to the affordable housing
production requirements imposed by California health and Safety Code Section 33413,
and set forth in the Agency's AB1290 Implementation Plan. The proposed development
provides three "for sale" housing units to very -low income households at an affordable
sales price. In compliance with the Section 33413 requirements, the units will be subject
to deed restrictions mandating that the units be owned by very -low income households,
at an affordable housing cost, for a minimum of 60 years. Thus, the proposed
development furthers the goals of the AB1290 Implementation Plan.
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PROJECT SUMMARY
FLNTINGTON KA�-( CAI.!::OR M
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LOT 3: 2501 ENGLAND STREET
HABITAT FOR HUMANITY
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GENERAL NOTES FOR GRADING
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Background
-The R deve opffiefit:Agehcyowns:l threevacant lots
ts
near the interse:6'tiofi. of Yorktown- England
�PrHabitat for Humanity is -looking -for opportunities to
bu'ildhomes in Huntington:Beach
X Habitat builds homes using volunteer labor and
dopated. materials
x Habitat homes:are "Old to very low-income families -
that are screened according to their heed, size, ability
to pay for the house, -and willingness -to volunteer 600
hours of "sweat equity"
LLKtLnMMlfiN1 C A_Tj o_tJ I
Proposal
* The Agency will convey the subject 3 lots to
Habitat for Humanity
* Habitat will build 3 new homes to be sold to
very low-income families
■ One 2-bedroom house
■ Two 4-bedroom houses
* Homes will be affordable to very low-income
families for 60 years
-Proposal
x Cost to -the Redevelopment Agency:
■ Purchase of 3 lots from City (1998).
$189,000
■ Escrow/Closing costs
$10,000
■ Offsite improvements
$35,000
■ Development/Plan Check fees
$50,000
Total Cost to Agency
$2845000
Cost per unit (3 units)
$95,000
x Project will use Housing Set Aside Funds
4
u�
Household Size
= Median Income -
Very Low-Incom6
1
$48,700
$24,350
2
$55,700
$27,850
3
$62,600
-$31,300
4
$69,600
$34,800
5
$75,200
$37,600
6
$80,700
$40,350
3
Deal Points
* Agency responsibilities
■ Convey the land to Habitat
* Construct all off -site improvements
■ Pay development & plan check fees
* Habitat responsibilities
■ Construct all on -site -improvements
■ Sell the homes to very low-income families with interest
free first trust deed mortgages
■ Counsel homeowners on how to keep and protect their
new home -
Recommended -City & {
Redevelopment_.Agency :Action_
X Conduct a joint. -public hearing .that was,
continued open from February 22, 2000'on
this Disposition and Development
Agreement
4
r
Recommended City Action
X Adopt Resolution 2000-30 authorizing
conveyance of the subject 3 lots by the
Redevelopment Agency to Habitat for
Humanity
X Direct staff to ensure that City insurance
requirements are met prior to the close of
escrow
: Recommended. Agency Action=
X Adopt_ Resolution_ 308 authorizing conveyance of
the. subject 3 lots to Habitat=for Humanity
X Approve the Disposition and Development
Agreement between the Agency and Habitat for
Humanity for the construction of 3 single family
houses for ownership by very lovc-income families
X Authorize the Chairperson and Clerk to execute
the Disposition and Development Agreement
5
T
0A L
CITY OF HUNTINGTON BEACH
InterOffice Communication
Economic Development Department
TO: Mayor and City Council Members
VIA: Ray Silver, City Administrator
FROM: David C. Biggs, Director of Economic Development #0
John Reekstin, Director of Administrative Services
DATE: March 14, 2000
SUBJECT: Supplemental Information Regarding Item D-2 —
DDA with Habitat for Humanity
:n
The three parcels of property to be conveyed by the Redevelopment Agency to Habitat were
remnant parcels from a street -widening project. The City, with Measure M, funds purchased the
parcels. The Agency purchased the parcels from the City in 1998 for S189,000. The City has
credited the Agency's purchase price back to the Measure F fund.
Please feel free to contact us if we can answer any questions.
xc: Connie Brockway, City Clerk
Gail Hutton, City Attorney
Melanie Fallon, Assistant City Administrator
�-2
gAdavidlmemoslhab i tatdda. doc
Council/Agency Meeting Held: f-ot4 -OO
(Q00,a0
-BeferrediContinued to: -020 - 0 4
'
❑ Approved ❑ Conditionally Approved ❑ Denied
• City Clerk's Signature
Council Meeting Date: February 22, 2000
Department ID Number: ED 00-10
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCILIREDEVELOPMENT AGENCY ACTIOI a
SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL
MEMBERSIREDEVELOPMENT AGENCY MEMBERS -� M-�`--
SUBMITTED BY: RAY SILVER, City Administrator/Executive Director
w v
PREPARED BY: DAVID C. BIGGS, Economic Development Director
SUBJECT: Continue Public Hearing to Monday, March 6, 2000—Habitat for
Humanity Disposition and Development Agreement (DDA)
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Due to a delay in the completion of a document related to this
proposed transaction, staff is requesting that the noticed public hearing be continued to
Monday, March 6, 2000. This will allow the Agency to avoid the expense of publishing the
legal notice again.
Funding Source: NIA
Recommended Action: Motion to:
1. Open Public Hearing;
2. Continue Public Hearing open to Monday, March 6, 2000.
Alternative Action(s): Do not continue Item and instruct staff to take some other action.
Analysis: Additional minor revisions are needed to the proposed DDA with
Habitat for Humanity. These changes cannot be made in time for the February 22, 2000,
City Council -Redevelopment Agency meeting.
Environmental Status: NIA
Attachment(s):
RCA Author: Brown, ext. 8831
2
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SS.
County of Orange }
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below
entitled matter, l am a principal clerk of
the HUNTINGTON BEACH INDEPENDENT, a
newspaper of general circulation, printed
and published in the City of Huntington
Beach, County of Orange, State of
California, and that attached Notice is a
true and complete copy as was printed
and published in the Huntington Beach
and Fountain Valley issues of said
newspaper to wit the issue(s) of:
February 3, 2000
February 10, 2000
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on February 10 2000
at Costa Mesa, California.
NOTICE OF
tiEDtYELUPMEIYT
PROJECT AREA, QE
JOl PUBLIC
THE CITY OF
HEA v
THE CITY
HUNTINGTON
COUNCIL OF THE
BEACH TO
CITY OF
HABITAT FOR
HUNTINGTON L
HUMANITY,
BEACH AND THE
ORANGE COUNTY
REDEVELOPMENT
NOTICE IS HEREBY
GIVEN that the City
AGENCY OF THE
council of the city
CITY OF
Huntington Beach, Call-i-
HUNTINGTON
fomia, (the "City) and
BEACH ON A
the Redevelopment
PROPOSED
Agency of the Clry of
DISPOSITION AND
Huntington Beach (the
DEVELOPMENT
Agency"), will hold a
AGREEMENT
PROVIDING
1o�nt public hearing on
Februa 72, 2000 at the
FOR
hour of .: 0 p.m., or as
THE SALE OF
soon thereafter as the
REAL PROPERTY
matter can be heard, at
OUTSIDE THE
2000 Wain Street, Hum -
REDEVELOPMENT
Ington Beach, Calliomia,
AREA BUT TO THEin
the Council
Chambers' pursuant to
BENEFIT OF THE
the California Com-
Cii7Y OF
munrty Redevelopment
HUNTINGTON
t-aw (Health and Safety
BEACH
Code Sections 33000, at
seq.) for the purpose of
considering the approval
of a p Disposi-
tionand Development
Agreement ("the Zme-
ment") between the
Agency and Habitat for
Humanity of Orange
County. Inc., a California
nonprofit public benefit
Corporation ("De-.
veloper"). The Agree-
ment provides for the I
safe of approximately
12.925 square feet (or
.296 acres) of real prop- j
arty (three individual
remnant parcels) gener-
ally described as the
northwest corner of
Yorktown Avenue and
England Street, the
southwest corner of
Yorktown Avenue and
Florida Street and the
southeast corner of
Yorktown Avenue and
England Street, (the
"Site"), to the Developer
and the construction
thereon by the De-
valoper of a three single
family residential units
for very Iow income
households. The units
created by this project
will be credited to the
housing obligations of
the Main - Pier Re-
development Project
Area of the City of Hunt-
ington Beach (the
"Project Area"),
The purpose of the
joint public hearing is to
consider:
1. The proposed sale
of real properly by the
Agency to Developer.
2. The proposed terms
and conditions of such
sale of real property.
3. The proposed Dis-
position and Develop-
ment Agreement.
4. Alt evidence and
testimony for and
against the approval of
the Disposition and De-
velopment Agreement
and the sale of real prop-
erty and the leans and
condlflons therein.
The Agency has
prepared a Summary
Report about the Agree-
ment that describes and
specifies:
a. The cost to the
Agency of the Agree-
ment.
b. The esfimetted value
of the interest to be sold,
determined: (I) at the
highest and best uses
permitted under the Re-
development Plan, and
(ii) at the use aril with
the conditions, cove-
nants. and development
costs required by the
sate.
c. The Purchase price,
and an explanation of
why the purchase pdoe
is less than the fair mar-
ket vakte of the fntesest
to be conveyed (k ap-
plicable), determined at
the highest and Best use,
consWerti with the Re-
development Plan.
d. An explanation of
why the sale will assist in
the elimination of blight.
e. Other pertinent eco-
nomic analysis.
At the above stated
day, hour, and place,
any and all persons
having objections to or
wishing to express sup-
port of the proposed Dis-
position and Develop-
ment Agreement, the
proposed sale of real
property or the proposed
terms and conditions
therefor, or the regularity
of any of the prior
proceedings, may ap-
pear andd be heard
before the Agency and
the City Council on the
proposed Disposition
and Development
Agreement, the
proposed sale of real
.property and the
proposed terms and
conditions therein. Any
persons desiring to be
heard at the hearing will
be afforded an op-
portunity to be heard.
At any time not later
than the hour set for
hearing, any person ob-
(ecting to or suppporting
the proposed Dis p-
ion and Development
Agreement, the
proposed sale of real
property or the lemma
and conditions therein,
may file in writing with
the City Clerk a state-
ment of his or her objec-i
tions thereto or support
thereof.
The documents re-
ferred to above are
available for public in-
spection and copying
during regular office
hours at the offices of
the City Clark and Clerk
of the Redevelopment
Agency, 211,11, Main
Street, Huntington
Beach, California.
Dated: January 31,
2000
1SJ Connie Brockway,:
City Clark
of the City of
Huntington Beach
and Clark of the
Redevelopment
Agency of the
City of
Huntington Beach
Published Huntington
Beach -Fountain Valley.
tndappendertt February 3,
10. 2000
021-088