Loading...
HomeMy WebLinkAboutPLC Sale to Huntington Beach Company - 2000-02-22 Recording requested by, and when recorded, mail to: Recorded in the County of orange, California I Gary L Granville, Clerk/Recorder City of Huntington Beach IIIIIIIIIIIIIIilllllllllllllllllll No Fee 2000 Main Street 20000129847 MR 0R 03/13/00 Huntington Beach, CA 92648 I 004.00161328 108 73 Attn: City Clerk 0582 140.00 0.00 0.00 0.00 0.00 0.0@ 0.00 i Doc Types: 582 .y CERTIFICATE OF CONSENT TO THE SALE OF PROPER r-Y�AND THE ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS BYAND BETWEEN THE CITY OF HUNTINGTON BEACH,PLC, AND HUNTINGTON BEACH COMPANY 0 1� THIS CERTIFICATE OF CONSENT is made and entered into on February 22 , 2000. l WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (hereinafter referred to as the "Agreement") by and between the City of Huntington Beach, a municipal Lr corporation (hereinafter referred to as the "City"), and Pacific Coast Homes, a California corporation, and Garfield Partners, a California corporation was recorded in the Official Records h of Orange County, California as Document No. 90-599766; and On May 6; 1996, the City Council of the City gave its consent to the sale of property and assignment of the rights, duties and obligations arising under the Agreement to PLC and MS Vickers II, L.L.C. (hereinafter collectively referred to as the 'Developer"); and By that certain grant deed dated March 1, 1996, and recorded on May 9, 1996 as Document No. 19960234746 of Official Records of Orange County, California, PLC acquired all right, title and interest in and to that certain real property(hereinafter referred to as the "Property") described in the legal description and sketch attached hereto as Exhibits "A-I" and "A-2", respectively; and PLC desires to sell the Property, which is a portion of the entire site covered by the Agreement, to Huntington Beach Company(hereinafter referred to as the "Buyer," and to assign certain of the Developer's rights, duties and obligations under the Agreement to the Buyer; and b ¢. The Agreement provides in part at Paragraph 4.2 that: E 0 v Q;ED,41 mw z Prior to making the dedications and improvements required herein, ,o ' U° U _ .#= Developer may sell, assign or transfer the Property in whole or in : a, part with the consent of the City, such consent not to be a �°�'_ " L. unreasonably withheld. City's consent will not be required if such N ® 0 0' _. ; a -assignment is made to an affiliate of Developer. Any purchaser, U, rn 0 G� �, o. : o',� `assignee or transferee shall have all of the rights, duties and o ``' "' obligations arising under this Agreement insofar as. such rights, 9 K. � 9; 6ra 4/k:99Agree:chevron � ;�, am 1� � U RLS 99-824/02/02/00 0 0 duties and obligations are applicable to the Property or portion thereof purchased, assigned or transferred; and The City is willing to consent to the sale of the Property and to the assignment of the rights, duties and obligations arising under the Agreement from PLC to the Buyer, and the Buyer wishes to-memorialize its acknowledgment of all its rights, duties and obligations.it'shall assume upon the sale of the Property and assignment of the Agreement; NOW, THEREFORE, the City, PLC and the Buyer do hereby agree and acknowledge as follows: 1. CONSENT TO SALE OF PROPERTY The City hereby consents to the sale of the Property to the Buyer. 2. CONSENT TO ASSIGNMENT The City hereby consents to the assignment of the rights, duties and obligations arising under the Agreement from PLC to the Buyer, as described herein. 3. ACKNOWLEDGMENT OF RIGHTS, DUTIES AND OBLIGATIONS- The Buyer hereby acknowledges that by accepting this assignment, it accepts all of the rights, duties and obligations arising under the Agreement insofar as such rights, duties and obligations are applicable to the Property or portion thereof purchased, assigned or transferred. 4. INCORPORATION OF EXHIBITS Attached hereto and incorporated by this referenced as though fully set forth herein are the following exhibits:. A-1: Legal Description of the Property. A-2: Skeich of the Property. B: Clarification of Development Agreement Rights and Duties. 5. RELEASE OF DEVELOPER The City acknowledges that upon acceptance of the assignment of the rights, duties and obligations under the Agreement by the Buyer as provided above, the Developer shall have no further obligations with respect to the Property arising out of any acts, omissions, or events occurring subsequent to the effective date of the transfer, except for those specific obligations retained by the Developer as identified in Exhibit B and Paragraph 6 below. 6. COMPLETION OF DEVELOPMENT AGREEMENT OBLIGATIONS. The consent hereby given is expressly conditioned upon the items stated above, ^ and the completion of all of the following items: 2 4/k:99Agreexhevron RLS 99-824/02/01/00 r - a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-1, not explicitly defined within Exhibit B shall continue to be the responsibility of the Developer; and b. The Developer shall be responsible for construction of all infrastructure in conformance with pages 20 and 21 of the Holly Seacliff Development Agreement No. 90-1 and further clarified by the Developer in its letter to the City, dated May 7, 1996. c. -The-Buyer shall-pay the-Library-Development Fee-pursuant to-Huntington=Beach City Council Resolution 96-71 -for all of its building permits in accordance with Ordinance No. 3344. d. PLC shall enter into an implementation agreement with the City that provides a schedule for the construction of the infrastructure referred to hereinabove. IN WITNESS WHEREOF, the parties hereto have executed this.Certificate by and through their authorized officers on the date first above written. PLC, CITY OF HUNTINGTON BEACH, a a California general partnership California municipal corporation By: PLC Holdings a California general partnership Mayor general partner of PLC �- ATTEST` - By: PACLACO, INC., y a California corporation, general partner of PLC Ho City Clerk By APPROVED AS TO FORM: Gtl (print name) City Attorney Its (circle one) Chairman of the Board/ '�-00 v� ?''� President/Any ice Presi en REVIEWED AND APPROVED: By �� —)Z City Administrator,/ C�tQ1�3Tr�i rtf.�. L�it3i�� (print name IN IT TED AND PROVED: Its (circle one ecreta y Assistant Secretary/chief Financial Officer; Any Assistant Treasurer Director of Pla6m1rig SIGNATURES CONTINUED ON NEXT PAGE 3 4/k:99Agreexhevron RLS 99-824/02/01/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT (, State of California ( ss. ( County of f�i1/�lll� ( �) 2 ) On %'/ DO before me, Date Name and Title of Officer .g'.,"Jane Doe,Nol.0 Public") pC,�id�LC1 ) personally appeared N. _(s)of Signer(s)_ ----- - - -- ( ❑ personally known to me ) M proved to me on the basis of satisfactory evidence" � ( to be the person(s) whose riame(s) is/a.Fe subscribed to the within instrument and ) acknowledged to me that be/she/tI;tey executed ) the same in . Wher/fbeir authorized ) capacity(jee), and that by 14i /her/tlen- ) �CHRISTINE CLEARY signature(sr on the instrument the personal, or < Commission#125047a Z the entity upon behalf of which the person(a) Z -: Notary Public-Californiay acted, executed the instrument. ) Orange County My Comm.EgYhas Jan 18'2M4 WITNESS my hand and official seal. ) Place Notary Seal Above Signature of Notary 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: �J �d J/'he �z5� or� i' fs, a�n�fe�zr/e�/? P�G�tyK�rl�i�! �pyi G�O�Ii was �) ument'Dat�`. P.��,a�n�/!/ um � g r ;) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer >> Signer's Name: ❑ Individual Top of thumb here (' ❑ Corporate Officer—Title(s): ) ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee (, ❑ Guardian or Conservator ❑ Other: ( Signer Is Representing: - .J ®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•w .nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss.. County of ( On before me,&k.VA Date Name and Title of 0,jAr e.g.,"Jane D e otary Public") personally appeared �Q/-/� ' 2t1�o Name(s)of Signer(s) El personally known.to me Y 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 CHRISTINE E; RY signature(s)on the instrument the,person(s), or' Commission#12504781z the entity upon behalf of which the person(s) ) z rei Notary Public-California > acted, executed the instrument. Orange County My Comm.FWires Jan 18 2004 WITNESS my hand and official seal., Place Notary Seal Above - Signature of Notary 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: fjG��e T12��lGl� D /`hO�rLZN � �e' 6/i9ae oc untita Nu Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ) El Individual ' 'I Top of thumb here ) Ll Corporate Officer—Title(s): ❑ Partner—❑'Limited ❑ General ) ❑ Attorney in Fact ) ❑ Trustee ) ❑' Guardian or Conservator 0 Other: �Signer.ls-Representing: ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box2402•Chatsworth,CA 91313-2402•vraw.naiionalnotary.org Prod:No.5907, Reorder:Call Toll-Free 1-800-876-6827 California All-Purpose Acknowledgement State of California ) ss County of Orange ) On February 2, 2000 before me, Kissandra Scott,Notary Public;personally appeared Graham Jones & Christopher C: Gibbs personally know to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. '~ iaSSMORAscoTT Commission#1223699 T Notary P�ubric-Cariforrda ange county "�'s My Comm.6pkes Jun 7,20M Kissandra Scott,Notary Public Description of Attached Document Title of Type of Document: Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties and Obligations by and between the City of Huntington Beach, PLC and Huntington Beach Company Document Date: Number of Pages: Signer(s) Other Than Named Above: By: T/L HUNTINGTON BEACH LLC, a HUNTINGTON BEACH COMPANY, a Delaware limited liability company, California corporation general partner of PLC By: LENNAR LAND PARTNERS 111, By a Florida General Partnership, its managing member (print name) By: LENNAR COMES OF one)`Chairman'of the Board/ CALIFO7tA- aalifornia President/Any Vice President Corporat -In-Fact r B By y (print name) (print name) Its'(circle one)Secretary/Any Assistant Its (circle one) Chai of the Board/ Secretary/chief Financial Officer; Pr ident/An ice President Any Assistant Treasurer By �ctrc. Ch�`5 mcz r-, (print name) Its (circle one)Secretat /Any Assistant Secreta Chie Financial Officer; Any Assistant Treasurer 4 4/k:99Agree:chevron RLS 99-824/02/01/00 California All-Purpose Acknowledgment State of California ) ss County of Orange ) On February. 2000 before me, Dee Baker,Notary Public, personally appeared Jonathan M. Jaffee and Marc Chasman personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities-and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. DEE BAKER �. commission�z 1086MI F, `F� Notary Public—Callforr�ai 5 o„ Orange County bat &b.),) ro My Comm.Expires Apr 19,2 I Dee Baker, Notary Public ' � w\� Description of Attached Document Title or Type of Document: Certificate of Consent to the Sale of Property and the Assumption of Rights. Duties & Obligations by&btwn City of Huntington Beach PLC and Huntington Beach Company Document Date: Number of Pages: Signer(s) Other Than Named Above: By: T/L HUNTINGTON BEACH LLC, a HUNTINGTON BEACH COMPANY, a Delaware limited liability company, California corporation general partner of PLC By: LENNAR LAND PARTNERS II, By a Florida General Partnership, its managing member Ake-.qA,7 (print name) By: LENNAR HOMES OF Its (circle one) Chairman of the e Board/ CALIFORNIA INC.,:a California ` ``President/AnY ice Preside Corporation, Its Attorney-In-Fact By _ By print name) (print name) Its (circle one Secret ssistant Its (circle one) Chairman of the Board/ e to chief Financial Officer; President/Any Vice President Any Assistant Treasurer By (print name) Its (circle one)Secretary/Any Assistant Secretary/Chief Financial Officer; Any Assistant Treasurer 4 4/k:99Agree:chevron RLS 99-824/02/01/00 California All-Purpose Acknowledgement State of California } } ss County of Orange } On February 3, 2000 before me, Kissandra Scott,Notary Public, personally appeared Don Means and Cindy Wollman personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. KISSANDRA SCOTT rK Commission# 1223699 z Notary Public-Cal'fO�nia � 1° Orange CvAin ran 7,2 Kissandra Scott,Notary Public ` ("Phis area for gfficial noforp seal) Description of Attached Document Title of Type of Document: Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties and Obligations by and between the City of Huntington Beach, PLC and Huntington Beach Company Document Date: Number of Pages: Signer(s) Other Than Named Above: EXHIBIT LEGAL DESCRIPTION PAceC6L E That portion of the Southwest Quarter of Section 35, Township 5 South, Range 1 1 West, in the Rancho-Las Bolsas, in the,City of Huntington Beach, County of Orange, State,of California, as per map Recorded in Book 5'1,'Page 13 of Miscellaneous Maps in the office of the Countv Recorder of said Countv, described as follows` : Beginning at the Southwest corner of the Southeast Quarter of said Southwest Quarter as shown on the .map of Tract No.. 14662 filed in Book 724, Pages 16 through 21, inclusive, of said Miscellaneous '-taps; thence 'along 'the Southerly line of said Southwest Quarter, South 89"42'58" East, 705.06 feet;.thence leaving said Southerly-line, North 00"17'02" East. 360.67 feet; thence North 10"25`00" East, 130.36 feet; thence North 00"17'02", East, 182.49 feet;'thence North 29"00'00"West, 58.00,feet; thence South 61"00'00" West,.45.19 feet to the beginning of a tangent curve concave Northerly having a radius of 751.00 feet; thence Westerly 383.84 feet along said curve through a central angle of 29°17'02"; thence.tangent from said curve, North 89°42'58"West, 53.52. feet to the beginning of a tangent curve concave Northeasterly having a radius of �74:00 Feet;:thence Northwesterly .60.04 feet along said curve through a central angle : of 46029'12" to a tangent.reverse curve concave Southerly having a radius of 48.00 feet; thence Westerly 66.74 feet along said curve through a central angle of 79°40'00" to a,tangent reverse curve concave Northerly having a radius,of 44.00.feet; thence Westerly 25.48 feet along said curve vthrough a central angle of 33°10'48"; thence tangent from said curve, North 89"42'58" West, 2 1.10 feet-to the beginning of a tangent curve concave Northeasterly, having a radius of 29.00 feet; thence Northwesterly 45.57 feet along said curve through a central angle ,of 90002'1'l thence, non-tangent from said curve; North 89°40'47" West, 50.12 feet to the Westerly line of the Southeast Quarter of said Southwest Quarter; thence along said Westerly. line, South 00'18'34"West, 656.05 feet to the Point of Beginning. As shown on Exhibit 'a' attached hereto and by this reference made a part hereof. oQROFESS/0N/ MCGj Fy c `� w No. 23956 m Exp. 12/31/97 CIVIL 1 G OF CAL* Tom R. McGannon; RCE 23956 Registration Expires 12/31/97.: . Revised: February 13, 1996 January 25, 1996 Page 1 of 1 �V:O. 14,38-3 . 'H`&A Legal No. 4000 Prepared By: B..Toss Ck'd by: H. Foss/sa EXHSIT.A Sketch, to Accompany Legal Description Ln cc �. Cq'If Z QOO � o o � o v, o _ c, o o ,o \• co 0 1f C ^ Co' �cc J, N a� o Un tin fit; Z N � 'Ln _ O J ,CN o CDc N O W O p� r7i'Q N' co II CD '00 Lo �N , � Z a Z r7 _ rn O .. .. :' . .... . . . . , O W N 0 O SLY,LINE SEC. _35 CD S89042'58"E 705.06' _ GARFIELD °AVENUE P:0.8. SW.� COR., SE 1'/4, SW 1,/41 SEC 35 FER TR. 146,62, M:M. 724/16-21. ` Hunsaker & Assoc:iates., Irvine Inc. "LEGAL DESCRIPTION Three Hughes, Irvine, CA 92718 (714) 583-1010 CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE.•STATE OF CALIFORNIA Planning . Engineering • Surveying DATE: REv. 0 .CK'd 1.26-96 oA,� 1 NONE er. K:Fi►zgerald ey. H. .Foss SCALE: 1"-i50' W,O. 1438-3 K: \DT\143"8\3\CALC\Lo\4000\ExHBTB.owG IN EG 1078-1 H&A LEGAL No. 4000 SHEET 1 OF 1 ' EXHIBIT"B" CLARIFICATION OF DEVELOPMENT AGREEMENT 90-1 RIGHTS, DUTIES & OBLIGATIONS BETWEEN PLC (SELLER) AND HUNTINGTON BEACH COMPANY(BUYER) FOR COVE PROPERTY(PROPERTY) Section 2.2.1, Linear Park. Seller will be responsible for all park dedications required by the Agreement. In the event the Property is developed for residential use, and to the extent Seller has credits for dedication of parkland, Seller shall assign up to 1.785 acres of credits to Buyer at no cost. If Seller has no - - —remaining-park`dedication-credits;-Seller-shall be-responsible for payment ofpark and recreation fees in - an amount not to exceed $324,600.00. Any requirement for dedication of land or payment of fees in excess of the above amounts shall be the sole responsibility of Buyer. Section 2.2.2, Neighborhood Parks. Seller will retain all obligations for design, dedication, improvement and initial maintenance of neighborhood parks as required by the Agreement. Section 2.2.3, Public Right of Way and Private Streetscape Improvements. Seller will retain all obligations for arterial right of way improvements as required by the Agreement. Buyer will assume responsibility for installation and maintenance of perimeter landscape improvements on the Property. Section 2.2.4, Traffic and Circulation Improvements, Seller will retain all obligations, with the following clarifications: 2.2.4 • Seller will retain all traffic impact fee credits for Developer improvements. In the event development of the Property requires the payment of traffic impact fees, and to the extent Seller has traffic impact fee credits, Seller shall assign up to $180,000.00 of credits to Buyer at no cost. If Seller has no remaining traffic impact fee credits, Seller shall be responsible for payment of traffic impact fees in an amount not to exceed$180,000.00. Any requirement for payment of fees in excess of the above amount shall be the sole responsibility of Buyer. 2.2.4 Buyer will be responsible for payment of future traffic fees, if any, imposed by ordinance and applicable to the Property. 2.2.4(h) and j), Seller will retain all credits and reimbursements for traffic and circulation improvements due under this section of the Agreement. Section 2.2.5, Water, Sewer, Drainage and Utility Improvements, Seller will retain all obligations, with the following clarifications: 2.2.5(�); Seller will retain all credits and reimbursements for sewer, drainage, utility and water improvements due under this section of the Agreement. 2.2.5(h),, Seller will retain all obligations, -credits and reimbursements for water system improvements due under this section of the Agreement. Section 2.2.6, Fire and Emergency Medical, Seller will retain all obligations, with the following clarification: 2.2.6(b); Seller will retain all obligations, credits and reimbursements due under this section of the Agreement. 02/11/00 I Section 2.2.7, Police, Seller will retain all obligations, with the following clarification: 2.2.7(a),• Seller will retain all obligations, credits and reimbursements due under this section of the Agreement. Section 2.2.8, School Facilities, Seller will retain the obligation for designation of a public elementary school site. Seller will be responsible for payment of HBCSD elementary school impact fees associated with development of the Property in an amount not to exceed$703,742.00. Section 2.2.9, Other Development Controls --- '— 2.2-9 a Not�applicdliie to Property. 2.2.9 b The Property will remain subject to all provisions of the Holly Seacliff Specific Plan. In the event the Property is developed for residential use, Seller will retain the obligation to provide up to 23 units of moderate income housing, in accordance with the Holly Seacliff Specific Plan Affordable Housing Plan for Seacliff Partners' Properties, dated February 28, 1994, or as such plan may be amended from time to time. Section 2.2.10, Fees, with the following clarifications: 2.2.10(a), (b),(c). (fl. (g), (i) and (j), Buyer will be liable for payment of any development fees applicable to the development of the Property, not already paid or mitigated by Seller. 2.2.10 d - Buyer will be liable for payment of any Police/Fire operating fee if such fee is adopted by the City and is applicable to the development of the Property. 2.2.10 h • Traffic Impact Fees, refer to 2.2.4(f) above. Section 2.4.3, Uniform Codes Only for purposes of this consent, as between Seller and Buyer, as required under Section 2.4.3 of the Development Agreement, Buyer shall comply with the soil remediation requirements of Section 8001.5.2.5 of the Uniform Fire Code to the extent such Section lawfully relates to the development of the Property. Buyer does not waive any rights it may have to protest or contest the legality or applicability of such Section to the Property. Nothing in this consent is intended to create additional rights in Buyer that do not currently exist in present law or the Development Agreement. 02/11/00 y Council/Agency Meeting Held: Deferred/Continued,to: ��� �� aApproved ❑ Conditionally Approved ❑ Denied 0�0 • City Clerk's Signatur Council Meeting Date: February 22, 2000 Department ID Number: PL 00-11 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER City AdministratOr�� PREPARED BY: HOWARD ZELEFSKY, Plannning Directo/ — SUBJECT: Approve Consent For Pending Sale of Property known as APN 111-074-02 ("Cove') the Holly Seacliff Development Agreement Area Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is a request by PLC for the City Council to provide consent to the pending sale of APN 111-074-02, a vacant property known as the "Cove" located at the northeast corner of Garfield and Gothard, to the Huntington Beach Company. This property was originally owned by the Huntington Beach Company and acquired by PLC in May 1996. The project is subject to the Holly Seacliff Development Agreement. Section 4.2 of the Development Agreement requires the City to provide consent to the sale of the properties covered by the Development Agreement if the sale is to a party not affiliated with the Developer and if all public improvements have not been completed. Staff has performed due diligence regarding the pending sale of this property and recommends that the City Council provide consent to the sale of the property to the Huntington Beach Company. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, approve the request by PLC for the City Council to provide consent for the pending sale of the property known as APN 111-074-02 to Huntington Beach Company-, and 2. Authorize the Mayor and City Clerk to execute the Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties and Obligations and to record same with the County Recorder." *QUEST FOR COUNCIL ACIfN MEETING DATE: February 22, 2000 DEPARTMENT ID NUMBER: PL 00-11 Alternative Action: The City Council may make the following alternative motion: "Continue the request for consent for the pending sale of the property known as APN 111-074-02 in the Holly Seacliff Development Agreement area and direct staff accordingly." Analysis: A. PROJECT PROPOSAL- Applicant: PLC Location: Approximately 10.45 acres located at the northeast corner of Garfield and Gothard B. BACKGROUND: On November 5, 1990, the City Council adopted the Holly Seacliff Development Agreement for the properties owned by Pacific Coast Homes and other Chevron Land and Development Company subsidiaries in the Holly Seacliff area. The Development Agreement requires the Developer to -provide numerous public improvements. To date, the Developer is in compliance with the terms of the Development Agreement as determined by the annual compliance reports reviewed by the Planning Commission and the City Council. The most recent report, for 1998, was approved by the City Council on February 16, 1999. On May 6, 1996 the City Council approved the consent for the pending sale of approximately 383 acres of property governed by the Development Agreement to PLC. The subject property was included in the 383 acre total. Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, the City Council must provide consent prior to the sale or transfer of properties to buyers not affiliated with the Developer. C. STAFF ANALYSIS AND RECOMMENDATION,- As part of the original sale agreement between Chevron Land and Development Company and PLC, Chevron retained the right to repurchase any property for which, in Chevron's sole discretion, the cost of corrective environmental cleanup actions is too high in relation to the sale price of the property. Pursuant to this agreement, Chevron (Huntington Beach Company) now desires to repurchase the "Cove" property (Attachment No. 2). The City Attorney .has prepared a Certificate of Consent Agreement (Attachment No. 3) which has been signed by the seller and the buyer; the Certificate will be signed by the City PL00-11 -2- 02/14/00 8:33 AM RQUEST FOR COUNCIL ACAN MEETING DATE: February 22, 2000 DEPARTMENT ID NUMBER: PL 00-11 if the consent request is approved. Exhibit B to the Consent agreement indicates that PLC will generally retain responsibility for the obligations of the Development Agreement: Due to the soil remediation that is required for the property, the Fire Department has required that Exhibit B specify that the buyer shall comply with the soil remediation requirements of the . Uniform Fire Code. Staff recommends that the City Council provide consent to the sale of the subject property and authorize the Mayor and City Clerk to execute the Certificate of Consent. Environmental Status: The Holly Seacliff Development Agreement No. 90-1 is covered by Final Environmental Impact Report No. 89-1 'which was certified by the City Council on January 8, 1990. No additional environmental review is necessary. Staff has prepared a mitigation measure compliance matrix for Final Environmental Impact Report No. 89-1 which requires the Developer to complete necessary studies and complete the requirements of the studies prior to development. Attachment(s): City Clerk's Page Number 1. Vicinity Map Letter from PLC dated November 22, 1999 3. Certificate of Consent Agreement RCA Author:HZ:MBB PL00-11 -3- 02/14/00 8:33 AM F. HUNTINGTON CENTRAL PAR7C s+o P a�mnae . r PARK i r cowwway I� u ` GHEO HOLABY Pax E PLACE E - COVE Gefi�H.9-avEH.E ; f SEACW MACE SiCPPING CENTER SEACUFF OFFICE PARK 7CFKTM A 156a9 • • � � �s � �. � �x � � � 3 � � � � �. 'fie � .L. :'. a¢ y if N� Ma November 19, 1999 ..RE C E IV E D Mr. Howard Zelefsky, Director NOV 2 2 1999 Planning Department 2000 Main Street Department of Planning Huntington Beach, CA 92648 Subject: Request for City's Consent to Sale of Property Holly Seacliff Development Agreement No. 90-1, A:P.N. 111-074-02 ("Cove" Property) Dear Howard: As part of the 1995 land sale agreement between Chevron Land and Development Company and PLC, Chevron retained the right to repurchase any property for which,_ in Chevron's sole discretion, the cost of corrective environmental cleanup actions is too high in relation to the sale price of the property. Chevron now desires to repurchase the "Cove" .property, located at the northeast corner of Garfield Avenue and Gothard Street. In accordance with Section 4.2 of Development Agreement No. 90-1, PLC and Chevron are formally requesting the City's consent to this sale. A copy of the legal description of the property to be sold is attached. Would you please request the City Attorney to prepare a Certificate of Consent to Sale and schedule this item for review by the City Council as soon as possible. Both PLC and Chevron would like to conclude this transaction in January 2000 to avoid additional transactional costs. Please let me.know if.there.is any other information you need. Very truly yours, Aliamftolm�an Planning & Government Relations Encl. Information Form and Legal Description cc: Melanie Fallon, Assistant City Administrator Gail Hutton, City Attorney Mike Dolder, Fire Chief Mary Beth Broeren, Senior Planner Don Means, Chevron Land and Development Company Chris Gibbs Graham Jones PLC Land Company 23 Corporate Plaza,Suite 250 949.721.9777 Telephone Newport Beach,California 92660 . 949.729. 1214 facsimile REQUEST FOR CONSENT TO SALE OF PROPERTY DEVELOPMENT AGREEMENT.NO. 90-1 HOLLY SEACLIFF AREA Date: November 19, 1999 Property.Location: North of Garfield Avenue,.East of Gothard Street Property Address: No current address Assessor's Parcel No(s).: 111-074-02 Legal Description: Parcel E of Certificate of Compliance No. 96-4 Acreage: 10.45 acres Current Owner: Name: PLC Address: 23 Corporate Plaza Drive,Suite 250 City/ST/Zip: Newport Beach, CA 92660 Telephone: (949) 721-9777 Contact: Bill Holman Assignee/Buyer: Name: Chevron Land and Development Company Address: 3100 South Harbor Boulevard, Suite 340 City/ST/Zip: Santa Ana, CA 92704 Telephone: (714) 427-1200 Contact: Don Means Existing Use of Property: Vacant Residential Intended Use of Property: Vacant Residential Existing Entitlements/Permits: Approval Date: Environmental Impact Report No. 89-1 January 8, 1990 General Plan Amendment No. 89-1 January 8, 1990 Development Agreement No. 90-1 November 5, 1990 Holly Seacliff Specific Plan (SP 9) April 20, 1992 Attachments: Legal Description and Sketch CLERK TY OF • K UP_ {_ GN, 00 E 22_ : Cove Property Sale City of Huntington Beach Council Meeting-Agenda Item F-1 LAM L M February 22,2000 e Cove Property Sale • Consent for Pending Sale of APN 111 -074-02 ("Cove") in the Holly Seacliff Development Agreement Area • City of Huntington Beach- City Council Meeting 2/22/2000- Agenda Item F-I I • Request • The Holly Seacliff DA requires that the City Council give its consent to the sale of any DA property. • PLC is selling the 10.45 acre "Cove" site back to Huntington Beach Company. • The site is located at the northeast corner of Gothard and Garfield and is vacant. • Analysis • Site is being sold back to Huntington Beach Company because cleanup has not occurred such that PLC can proceed with development • Fire Department has added language to Exhibit B of the Consent which clarifies soil remediation obligations for the site • All parties are in agreement with the addedlanguage • City of Huntington Beach- City Council Meeting 2/22/2000- Agenda Item F-1 2 • Recommendation • Staff recommends the City Council approve the Certificate of Consent, and • Authorize the Mayor and City Clerk to execute the document and record it with the County Recorder. i Cove PropertySale City of Huntington Beach Council Meeting-Agenda Item F-1 February 22,2000 • City of Huntington Beach - City Council Meeting 2/22/2000 - Agenda Item F-1 3 i • j, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 6, 2000 Gary L. Granville, County Clerk-Recorder P. 0. Box 238 Santa Ana, CA 92702 Enclosed please find the Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties and Obligations By and Between the City of Huntington Beach, PLC, and Huntington Beach Company to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy when recorded to this office in the enclosed self- addressed stamped envelope. Connie Brockway, CIVIC City Clerk Enclosures g:\followup\deedltr: Certificate of Consent...HB, PLC and Huntington Beach Co. G/Followup/deedltr (Telephone:714-536-5227) (18) 2/22/2000 - Counclit enc Agenda - Page 18 F. Administrative Items F-1. (City Council) Approve Consent for Pending Sale (from PLC Land Company to Huntington Beach Company) — of Property Known as APN 111-074-02 (the "Cove") Holly Seacliff Development Area Agreement No. 90-1 — N/E Corner of Garfield Avenue and Gothard Street—Authorize Execution of Consent to Sale of Property and Assumption of Rights, Duties and Obligations (600.10) - Communication from the Planning Director transmitting for Council consideration a request by PLC Land Company for the City Council to provide consent to the pending sale of APN 111-074-02, a vacant property known as the "Cove" located at the northeast corner of Garfield Avenue and Gothard Street, to the Huntington Beach Company. This property was originally owned by the Huntington Beach Company and acquired by PLC Land Company in May 1996. The project is subject to the Holly Seacliff Development Agreement. Section 4.2 of the Development Agreement requires the City to provide consent to the sale of the properties covered by the Development Agreement if the sale is to a party not affiliated with the Developer and if all public improvements have not been completed. Staff has performed due diligence regarding the pending sale of this property and recommends that the City Council provide consent to the sale of the property to the Huntington Beach Company. Recommended Action: 1. Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, approve the request by PLC Land Company for the City Council to provide consent for the pending sale of the property known as APN 111-074-02 to Huntington Beach Company; and 2. Authorize the Mayor and City Clerk to execute the Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties and Obligations by and Between the City of Huntington Beach, PLC, and Huntington Beach Company and to record same with the County Recorder. Approved 7-0