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HomeMy WebLinkAboutRDA Res 85-4 1985-10-28 RESOLUTION NUMBER ~~--~ A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING A SECOND AMENDED AND RESTATED DECLARATION OF ESTABLISHMENT OF COVENANTS FOR THE SEAL BEACH TRAILER PARK I WHEREAS, a Participation and Disposition Agreement was entered into between the Agency and Seal Beach Associates dated July 25, 1977 for development of the Seal Beach Trailer Park, as amended by a First Amendment dated as of January 30, 1978, by a Second Amendment dated as of April 24, 1978, and as amended by an Amended Participation and Disposition Agreement dated July 14, 1981 between the Agency and Riverbeach Associates; and WHEREAS, Riverbeach Associates proposes to sell the land and improvements of the Seal Beach Trailer Park to Seal Beach Partners, Ltd. and refinance the current loan; and WHEREAS, the Riverbeach Associates has proposed an amendment to the existing Amended Declaration of Establishment of Covenants in the form of an Amended and Restated Declaration of Establishment of Covenants. NOW, THEREFORE, the Redevelopment Agency of the City of Seal Beach hereby resolves as follows: SECTION 1. The Agency hereby approves the Amended and Restated Declaration of Establishment of Covenants in t~e form as attached hereto as Exhibit A. SECTION 2. The Executive Director or the Deputy Executive Director are hereby authorized to execute the Amended and Restated Declaration on behalf of the Agency. SECTION 3. The Executive Director or the Deputy Executive Director are hereby authorized to take all action necessary to carry out such Amended Declaration and are further authorized to make such technical changes to the Amended Declaration as may be reasonably required by Coast Savings & Loan. PASSED, APPROVED and ADOPTED by the Redevelopment Agency of the ~~f Seal B ,Califor "a, at a meeting thereof held on the _day of 1985, by the following vote: I AYES: Agency Members NOES: Agency Members ABSENT: Agency Members w.,4 · I ~~-t.... ATTEST: Resolution Number ~S;-~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the ~egOing resolution is the original copy of Resolution Number B's- on file in the office of the City Clerk, passed, approved and adopted by the Redevelopment Agency of the City of se~e~gUlar meeting thereof held on the ozB'I:f: day of a , 1985. . I I Resolution Number 6?~~~ . . RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: Redevelopment Aqency of the City of Seal Beach 2ll Eiqhth Street Seal Beach, California 90740 AilBlO)iID AIID RBSTATJW DBCLAiCAT.lUII Or I BSTABLISJIMEH'f' OP COVENAR"l'S This Amended and Restated Declaration of Establishment of Covenants (-Amended and Restated Declaration-) is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH (-Agency-), a public body corporate and politic, formed and orqanized and existinq under the provisions of the California Community Redevelopment Law, and RIVERBEACH ASSOCIATES (-River- beach-), a limited partnership. 51.00 RECITALS This Amended and Restated Declaration is beinq entered into with reference to the followinq facts and circumstances: 51.01 The City of Seal Beacb (the -City-) approved and adopted a certain redevelopment plan by Ordinance No. 780, as amended by Ordinance Nos. 937 and 983, for a project area located within the boundaries of the City in Orange County, State of California, entitled the Riverfront Redevelopment Project (the I WProjectW). 51.02 A portion of the Project area was developed by River- beach as a Mobile Home and Trailer Park (-Trailer Park-I. 51.03 East Naples Land Company was the owner of certain parcels of land which constitute the Site of the Trailer Park (the -Site-), which is leqally described on Exhibit A, attached hereto and made a part hereof. 51.04 East Naples Land Company was the Lessor and River- beach was the Lessee of the Site under that certain Lease Agree- ment dated October 3, 1977, which was shown in the Memorandum of Lease and recorded on June 30, 1978, as Document No. 47347, Official Records of Orange County, C~lifornia (the -Master Lease-). 51.05 Riverbeach purchased the fee estate of the Site from East Naples Land Company on December 19, 1983, as evidenced by qrant deeds dated December 5, 1983, and recorded on December 19, 1983, as Document No. 83-5748l, Official Records of Oranqe County, California; and recorded on December 19, 1983, as Docu- ment No. 83-1504528, Official Records of Los Anqeles County, California. 51.06 The Trailer Park has been developed with l25 lots for mobile homes and trailers pursuant to plans submitted to and approved by Aqency. Sl.07 Agency and Riverbeach desire to amend the rental schedule for the Trailer Park which will apply to rental rates during the term hereof. 51.08 Aqency and Riverbeach also desire to provide for the maintenance of 120 of the lots and any trailers or mobile homes owned by Riverbeach or its successor for rental by persons and families of low and moderate income. I I I I Resolution Number ~~--~ 5l.0' Seal Beach Partners, Ltd., a California limited part- nership (WPartnersW) is purchasing both the fee title to the Site and the improvements thereon identified as the Trailer Park from Riverbeach pursuant to a separate agreement. 51.lD This Amended and Restated Declaration shall replace and amend in its entirety that Amended Declaration of Establish- ment of Covenants dated July 2l, 1981, and recorded November 24, 1981 as Document No. 2753l, Official Records of Orange County, . California. 52.00 COVBlIARTS Agency and Riverbeach covenant and agree as follows: 52.0l Rental Rates. (l) Riverbeach's current monthly expenses based on the itemization of items to be attributed to rent pursuant to 52.02 hereof are attached hereto as Exhibit B and made a part hereof. (2) Partner's proposed monthly expenses pursuant to 52.02 hereof and based on its purchase of both the fee title to the Site and the improvements thereon identified as the Trailer Park from Riverbeach pursuant to a separate agreement, and as limited by subsection (4) of 52.02 hereof, are attached hereto as Exhibit C and made a part hereof. (3) The total monthly rental, based on Exhibit C hereof, and effective January l, 1986, is hereby approved by Agency. Said monthly rental shall be subject to allocation by Partners to the lots based upon the rental schedule set forth in Exhibit D, attached hereto and made a part hereof. Any increase or decrease in rental shall be allocated among the lots by an amount equal to the percentage increase or decrease in total rental for the Trailer Park. 52.02 Rental Adjustment. The monthly rental established in accordance with subsection (2) of 52.0l hereof shall be increased or decreased on an annual basis commencing January 1, 1987 and each year thereafter during the term of this Amended and Restated Declaration (wAdjustment DateW) to reflect: (l) Increases in lease payments for ground rent provided in the Master Lease, which Master Lease provides for a One Percent UI) per annum increase in rental every five (5) years. If the Heeter Leaee ie terminated by virtue of Partner's purchase of fee title to the Site from Riverbeach, the leasehold payments shall be excluded from the monthly rental, but the Four Hundred Thou- sand Dollars ($400,000.00) purchase price and financing costs for such purchase may be included in permanent financing obtained by Partners as provided in subsection (4), below; (2) Increases or decreases for property taxes and assess- ments (exclusive of penalties or late charges), utility expenses, property and liability insurance, reasonable legal and accounting expenses, repairs and maintenance, reasonable automobile expenses, reasonable dues and subscriptions, and supplies based on actual out-of-pocket expenses to Riverbeach or its successor in interest in the Trailer Park. (3) Expenses consisting of: salaries and wages, including payroll taxes, for management of the Trailer Park; overhead and management; all as set forth on Exhibit B, shall be subject to increase or decrease as provided in this subsection (3) of 52.02. The base for computing the adjustment shall be the Consumer Price index.for Urban Wage Earners and Clerical Workers for the Los Angeles-Long Beach-Anaheim Metro- politan Area, published by the United States Department of Labor, Bureau of Labor Statistics (WIndexW), which is published for the date nearest November 16, 1985 (WBeginning IndexW). If the Index published nearest the Adjustment Date (WAdjustment IndexW) has Resolution Number85-9- increased or decreased from the Beginning Index, the monthly amount of the expenses listed in this subsection (3) of 52.02 to be included in the monthly rental for the year following the Adjustment Date (until the next year's adjustment) shall be set by multiplying the amount of such expenses, as established pur- suant to S2.0l by a fraction, the numerator of which is the Adjustment Index and the denominator of which is the Beginning Index. The resulting amount shall be used as the expenses to be included in determining the total monthly rental for the year following the Adjustment Date. If the Index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained in the Index had not been dis- continued or revised. (41 Increases or decreases in the loan payment expense to reflect actual monthly loan amortization expense. The Trailer Park may be refinanced for the purchase of the Site and Trailer Park by Partners (hereinafter referred to as the wRefinance LoanW) provided that the total principal amount of such Refinance Loan which constitutes a lien against the Site and Trailer Park shall not exceed One Million Seven Hundred Thousand Dollars ($l,700,000.001 and the monthly debt service which may be included in the rent formula does not exceed Eighty-Four Percent (8411 of the total monthly debt service. At such time as such Refinance Loan is obtained, but in no event prior to January l, 1986, the monthly rental shall be adjusted to reflect any increase or decrease in monthly debt service on the portion of the lOAn equal to One Million Pour Hundred Twenty-Eight Thousand Dollars ($l,428,000.001. If the Refinance Loan is a variable interest rate loan, the monthly rental shall be increased or decreased to reflect any increase or decrease in monthly debt service on Eighty-Pour Percent (84\) of the then-outstanding balance of the loan. The debt service on such portion of the loan in excess of Eighty-Pour Percent (841) of said balance shall not be included in the monthly rental. (5) In the event that capital expenditures are made to the Trailer Park "after completion of construction pursuant to plans and specifications approved by Agency, Riverbeach shall be entitle1 to increase the monthly rental by an amount sufficient to amortize any capital expenditure over the reasonable life of the investment at Riverbeach's cost plus a return on investment not to exceed Two Percent (21) above the prime lending rate of Bank of America, N.T. 'S.A. A capital expenditure is defined as an improvement to the real property of the Trailer Park which the Internal Revenue Service rules and regulations require to be depreciated over the life of the improvement. (6) If the lender of the Refinance Loan or any successor in interest of such lender's interest in the Trailer Park acquires fee title to the Site and the Trailer Park, the lender of such successor in interest shall be bound by this Amended and Restated Declaration. However, the lender or any successor in interest through the lender shall be permitted to include as a part of the monthly rental an amount equal to the monthly debt service on that portion of the Refinance Loan which equals One Million Four Hundred Twenty-Eight Thousand Dollars ($1,428,000.001 even though such Refinance Loan may have been canceled and any lien of such Refinance Loan canceled/or reconveyed. The amount equal to such debt service shall be subject to increase or decrease on the same terms and conditions as the variable rate provisions of the Refinance Loan. The lender of the Refinance Loan or successor in interest of such lender who acquires fee title to the Site and the Trailer Park may obtain a new loan which is a lien against the Site and the Trailer Park for a principal amount of not in excess of One Million Seven Hundred Thousand Dollars ($1,700,000.00) with the consent of Agency, which consent shall not be unreasonably withheld, provided that (lJ the interest rate and debt service amortization do not exceed the interest rate and I I I I I I Resolution Number ~~--~ \. ~. amortization schedule of the Refinance Loan, and (2) only the debt service on the portion of the loan equal to One Mi llion Four Hundred Twenty-Eight Thousand Dollars ($1,428,000.00) may be included in the monthly rent for the Trailer Park. (7) Upon repayment in full of the Refinance Loan, Partners or its successor in interest shall be permitted to include as a part of the monthly rental an amount equal to Eighty-Four Percent (841) of the last full monthly debt service payment. Said amount shall be treated as a return on investment expense and shall be subject to adjustment in accordance wth subsection (3) of this 52.02. 52.03 Notice of Rental Increases or Decreases. At such time as Riverbeach is entitled to increase the monthly rental or is required to decrease the monthly rental under the terms of 52.02, Riverbeach agrees to give written notice to Agency of the proposed change in rental rates not later than sixty (60) days on or before giving written notice of increase or decrease to the tenants of the Trailer Park. Agency approval shall be required, unless waived by Agency, before Riverbeach may make such change in rental. Agency shall have the right to dispute any increase by giving written notice to Riverbeach within thirty (30) days after receipt'of the written notice from Riverbeach. Such Agency notice shall specify the basis upon which Agency is disputing such increase under the terms of this Amended and Restated Declaration. If Agency fails to either approve or dispute such increase within such thirty (30) days, Agency approval shall be deemed to be waived. If Agency and Riverbeach cannot resolve any dispute within an additional thirty (30) days after Agency's written notice to Riverbeach, then either Riverbeach or Agency may take such legal action as may be appropriate to enforce the terms hereof. 52.04 Maintenance of Lots for Persons and Families of Low and Moderate Income Persons. (l) Riverbeach agrees that not less than One Hundred and Twenty (l20) of the trailer lots (including any trailers on such lots owned and leased by Riverbeach or its sublessee) shall be maintained as a housing resource for persons and families of low and moderate income as those terms are defined in California Health and Safety Code 550093 in effect as of the date of this Amended and Restated Declaration, and as it may be amended throughout the term hereof. (2) Not less than half of said units (i.e., sixty [60] lots on the Site) shall be maintained for persons and families of low income as defined in California Health' Safety Code 550093 in effect as of the date of this Amended and Restated Declaration, and as it may be amended throughout the term hereof. (3) Riverbeach shall cooperate with Agency in accepting persons and families of low and moderate income referred by Agency or the City for rental of trailers or pad spaces as they become available within the Site. Notwithstanding such agreement to cooperate with Agency and the City in considering referral of persons and families of low and moderate income, the final selec- tion of tenants Shall be the decision of Riverbeach. In the event that persons meeting the requirements of subsections (l) and (2) of this 52.04 are not ftvailable to rent vacant trailer lots or cannot afford the then current monthly rental after reasonable efforts by Riverbeach to locate such persons, includ- ing written notice to Agency and the City of any vacancies, Riverbeach may rent such vacant lots to persons and families having incomes above the limits set forth in subsections (l) and (2) of this 52.04. (4) Riverbeach shall be required to determine of each tenant referred to in subsections (1) and (2) of this 52.04 that such tenant is of low or moderate income as defined herein. . Resolution Number ~~-~ (5) Agency may examine, at least once per year, any rele- vant records of operation by Riverbeach's Trailer Park manage- ment, subjct to the confidentiality of individual tenant finan- cial information, to insure that such income determinations have been appropriately performed by Riverbeach in fulfilling the standards set forth in subsections (1) and (2) of this 52.04. (6) Upon dissolution or cessation of operation of Agency, the City shall undertake the duties imposed upon Agency by sub- section (5) of this 52.04. 52.05 Duration of this Declaration. If the Master Lease is I terminated by Partner's purchase of fee title to the Site from Riverbeach, or terminates for any reason other than expiration of the term of the Master Lease, this Amended and Restated Declara- tion shall remain in effect until February l, 2044, at which time all covenants and restrictions herein shall terminate. 53.00 GBRBllAL 53.0l The burdens and benefits of all covenants and agree- ments contained herein shall run with the leasehold and any fee interest of Riverbeach in the Site. All burdens shall be binding upon Riverbeach so long as it has an interest in the Site and shall be binding upon any successor or assign of Riverbeach in the Site, including any sublessee of Riverbeach. The benefits of this Amended and Restated Declaration shall accrue to the benefit of Agency. 53.02 Notice of Amendments (1) Any amendment to this Amended and Restated Declaration or the Exhibits hereto shall require the consent of (1) Partners so long as Partners is the tenant or lessee of the Site, and (2) the beneficiary of any deed of trust secured by the leasehold interest of Riverbeach in the Site. Any amendment shall not 1 require the consent of any other lienholder whether such lien arises voluntarly or involuntarily. (2) Agency and Riverbeach, its successors and assigns, from time to time, shall have the right to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants or restrictions contained herein, or to subject the leasehold interest of Riverbeach to additional covenants or restrictions, without the consent of any tenant, lessee, easement holder, licensee or any other person or entity except: (l) Partners, so long as Partners is the tenant or lessee of the Site, and (2) the beneficiary of any deed of trust secured by the leasehold interest of Riverbeach or secured by fee title to the Site. (3) Before any amendment hereto is approved by Agency, Riverbeach (or its successor in interest in the Trailer Park) shall give not less than thirty (30) days written notice deli- vered personally or by United States mail, postage prepaid, to the tenants of the Trailer Park as shown on the then current register of tenants maintained by the then current operator of the Trailer Park. Such notice shall contain the text of any proposed amendment. 53.03 Agency has the right at all reasonable times to I inspect the books and records of Riverbeach and its successors and assigns in the Site pertaining to the Site as pertinent to the purposes hereof. Riverbeach also has the right at all reasonable times to inspect the books and records of Agency pertaining to the Site as pertinent to the purposes hereof. 53.04 Riverbeach covenants by and for Riverbeach and its assigns, and all persons claiming under or through Riverbeach, 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, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall Riverbeach or any person claim- ing under or through Riverbeach, establish or permit any such I I I Resolution Number ~~-~ . .- . 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 Site ~he foregoing covenants shall run with the leasehold and fe~ interests of Riverbeach in the Site, and shall obligate River- bfeach and any subcontracting party or parties, or other trans- ereelS hereunder. 53.05 In the event Agency shall be dissolved or its suspended, the City shall be the suceessor in interest to ~Og:~~yS of all rights and benefits hereof. S3.05 Upon conveyance of fee title to the Site by River- beach to Partners, Partners shall sueceed to all of the rights and obligations of Riverbeach hereunder and at such time River- beach shall be fully relieved of same. 53.06 Construction of Two-Story Cabanas. (l) In order to insure the continued attractiveness of the ~railer Park and to insure the continuation of adequate space for light and air of lots within the Trailer Park, and to minimize any fire hazards, Riverbeach agrees that it shall not construct or permit any tenants of the Trailer Park to construct or install a cabana in excess of one (l) story in height, if any such cabana would be located within twenty (20) feet of any structure or cabana in excess of fifteen (l5} !pct in height. (2) Riverbeach further agrees that it shall require any tenant who commences construction of a cabana but who has not completed construction within seve" h"n~~A~ thirty (730) days from the date of issuance of a building permit for such cabana to remove such structure from the Trailer Park. (3) If Riverbeach fails to take action to enforce the requirements of this 53.06 within sixty (60) days after written notice from Agency of a violation of this 53.06, Agency may bring any appropriate legal or equitable proceedings against any person having interest in the Trailer Park, including any tenant. In the event proceedings are brought by any party or parties to enforce or restrain violation of any of these restrictions, or to determine the rights or duties of any person hereunder, the prevailing party in such proceedings may recover all costs and reasonable attorneys' fees to be fixed by the court, in addition to court costs and any other relief awarded by the court in such proceedings. ZR WZTNBSS WBBRBOF, Agency and Riverbeach have caused this instrument to be executed on their behalf by t~~esp~tive ~thorized officers this JJfI~ day of, t(e, , REDEVELOPMENT AGENCY OF ~BE CITY OF SEAL BEACH RIVERBEACB ASSOCIATES, A Limited Partnership By: General Partner By: Consent to this Amended and Resated Declaration of Establishment of Covenants is hereby given pursuant to 53.02. SEAL BEACH PARTNERS, LTD., A California Limited Partnership By: William T. Dawson, General Partner Resolution Number ~~~ Consent to this Amended and Restated Declaration of Covenants is hereby given pursuant to 53.02. COAST SAVINGS AND LOAN ASSOCIATION, formerly COAST FEDERAL SAVINGS AND LOAN ASSOCIATION, as beneficiary of the deed of trust of Riverbeach Associates recorded January 30, 1980, as Document No. 35497 in Official Records of Orange County, California. of Establishment By: I By: STATE OP CALIFORNIA ) ) Slil. ) COUNTY OF ORANGE , On ,f)'_'T1':Ji''f~.-?: .~I !>1'" , /?PC, before me, the under- signed, a Notary Public in and for said State. personally appeared ALLEN J. PARKER, known to me to be the Executive Direc- tor of the Redevelopment Agency of the City of Seal Beach, and known to me to be the person who executed the within instrument on behalf of said public agency and acknowledged to me that such agency executed the same. WITNESS my hand and official seal. I l-~ JO~i~I~~~1~~~:\ ,G~~.;\ N~TARY PUBLI::-.c'UFORIU" i . "f.)_~V. PRllt\:IP'.l :J::'!'lCE IN ( ~ "'S;-~" CiiANGE CQU".TY . . ~IS(; ~. ~:~"' .., "". :a, 1'" I --.- r; \. ,"...tL#'f": ~ ~ ., t' (, rr7 ., ,. ',' / / . .-'" ." .............~.I_::-G,.....J,'rl_."lo'. ./ ..... . - - - - COUNTY OP ) ) SSe ) STATE OP CALIFORNIA On ., before me, the under- signed, a Notary Public in and for said State, personally appeared . known to me to be the General Partner of the limited partnership which executed the within instrument and acknowledged to me that such limited partnership executed the same. . WITNESS my hand and official seal. I I I I Resolution Number B!i'-4 STATE OF CALIFORNIA COUNTY OF ORANGE ) ) ss. ) On " before me, the under- signed, a Notary Public in and for said State, personally appeared WILLIAM T. DAWSON, known to me to be the General Partner of the limited partnership which executed the within instrument and acknowledged to me that such limited partnership executed the same. WITNESS my hand and official seal. STATE OP CALIFORNIA ) ) ss. ) COUNTY OF , , before me, the under- Public in and for said State, personally , known to me to be the and , known to me to be the of the corporation which executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a reso- lution of its board of directors. On signed, a Notary appeared WITNESS my hand and official seal. Resolution Number l7Jr-~ BXBIBI"l' A Legal Description A PORTION OP THAT PARCEL OF LAND GRANTED TO THE CITY OP SEAL BEACH BY THAT CERTAIN PINAL ORDER OF CONDEMNATION, SUPERIOR COURT OF LOS ANGELES COUNTY, CASE NUMBER C-78004, PARCEL 4, A CERTIFIED COpy OP WHICH WAS RECORDED MARCH 2, 1977 IN BOOK l2l15, PAGE 195 OF OFFICIAL RECORDS OP ORANGE COUNTY, CALIFORNIA; AND A PORTION OP TIDE LAND LOCATION NO. l37 -SURVEY NO. 106,. AS PATENTED BY THE STATE OF CALIFORNIA ON FEBRUARY 12, 1901 AND RECORDED APRIL I 27, 1901 IN BOOK 9, PAGE 105 OF PATENTS, RECORDS OF LOS ANGELES COUNTY. AND RECORDED SEPTEMBER 5, 1905 IN BOOK 1, PAGE 231 OF PATENTS, RECORDS OF ORAGE COUNTY; SAID ABOVE PORTIONS OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OP TRACT NUMBER 9783 IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OP CALIFORNIA AS SHOWN ON A MAP PILED IN BOOK 437, PAGES 32 TO 36, OF MISCELLA- NEOUS MAPS RECORDS OP ORANGE COUNTY, SAID CORNER BEING A POINT IN THE SOUTHEASTHERLY LINE OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT LAND DESCRIBED AS PARCEL 8 IN S.C.C. NO. 231287 IN AND POR THE COUNTY OP LOS ANGELES, IN BOOK 2383, PAGE 42, RECORDS OF ORANGE COUNTY, SAID SOUTHEASTERLY LINE BEING A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2000.00 FEET, A RADIAL LINE FROM SAID POINT BEARS SOUTH 350 57' 55. EAST, THENCE NORTH- EASTERLY ALONG SAID CURVE AND SOUTHEASTERLY LINE AN ARC DISTANCE OP 356.05 FEET; THENCE TANGENT TO SAID CURVE AND CONTINUING ALONG SAID SOUTHEASTERLY LINE NORTH 540 02' 05. EAST 239.79 FEET TO THE NORTHEASTERLY LINE OP THAT 200.00 FOOT WIDE STRIP OP LAND DESCRIBED IN THE QUIT CLAIM DEED TO THE PACIFIC ELECTRIC RAILWAY COMPANY RECORDED PEBRUARY 21, 1924 IN BOOK 5l4, PAGE 44 OF DEEDS, RECORDS OP ORANGE COUNTY, THENCE SOUTHEASTERLY ALONG SAID NORTH- EASTERLY LINE SOUTH 420 l5' 32. EAST 492.08 PEET TO THE NORTH- WESTERLY LINE OP PIRST STREET AS IT NOW EXISTS, SAID LAST MENTIONED NORTHWESTERLY LINE BEING A LINE PARALL~L WITH AND I DISTANT NORTHWESTERLY llO.OO FEET, MEASURED AT RIGHT ANGLES, FROM THE BOUNDARY LINE OP THE RANCHO LOS ALAMlTOS PER MAP RECORDED IN BOOK l, PAGES 460, 461 AND 462 OP PATENTS OF LOS ANGELES COUNTY, CALIFORNIA AND AS SHOWN ON RECORD OF SURVEY RECORDED IN R.S. BOOK 90, PAGES 23 TO 30; AND AS MORE PARTICULARLY ESTABLISHED BY SEAL BEACH BOUNDARY LINE AGREEMENT NO.2, DATED FEBRUARY 5, 1968 AND RECORDED APRIL 8, 1968 IN BOOK 8565, PAGE 1 OP OFPICIAL RECORDS OP ORANGE COUNTY, THENCE SOUTHWESTERLY ALONG SAID LAST MENTIONED PARALLEL LINE, AND THE NORTHWESTERLY LINE OP FIRST STREET, SOUTH 540 48' 38. WEST 606.8l FEET TO THE BEGINNING OP A TANGENT CURVE, CONCAVE SOUTHEASTERLY, AND HAVING A RADIUS OF 610.00 FEET, THENCE SOUTHWESTERL ALONG SAID CURVE AN ARC DISTANCE OP 6.79 PEET TO THE MOST EASTERLY BOUNDARY CORNER OP SAID TRACT NUMBER 9783, THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY BOUNDARY LINE OP SAID TRACT NUMBER 9783 THE FOLLOWING COURSES; NORTH 420 l7' ll. WEST 203.39 PEET TO THE BEGINNING OP A TANGENT CURVE CONCAVE EASTERLY AND RAVING A RADIUS OP l5.00 PEET; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 21.79 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OP l12.50 FEET: THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 10.24 PEET TO THE INTERSECTION OF A NON-TANGENT LINE BEARING NORTH 430 58' 37. WEST, A LINE FROM SAID POINT OP INTERSECTION BEARS NORTH 540 l5' 24. WEST; THENCE NORTH 430 58' 37- WEST 230.28 FEET TO THE MOST NORTHERLY CORNER OP SAID TRACT NUMBER 9783 AND THE POINT OP BEGINNING. SAID ABOVE DESCRIBED PARCEL OP LAND IS SHOWN AS -NOT I A PART. ON THE MAP OF TRACT NUMBER 9783 PILED IN BOOK 437, PAGES 32 TO 36, OF MISCELLANEOUS MAPS, RECORDS OP ORANGE COUNTY, CALIPORNIA. EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OP THE BOUN- DARY LINE BETWEEN LOS ANGELES AND ORANGE COUNTIES AS SHOWN ON LOS ANGELES COUNTY SURVEYOR'S MAP NO. 8l75, SHEET 21, AND AS SHOWN ON SAID MAP OF TRACT NUMBER 9783. Resolution Number ~.yI BXBIBI'l' B Current Monthly bpeDses - Riverbeacb 1 1985 ,'l'OTAL ALLOWABLE RENT $ 3,500.00 11,060.00 298.35 .83 1,881.69 325.66 245.85 745.45 1,500.60 2,754.70 260.04 193.26 3,443.22 2,354.00 2.130.74 $ 30,694.39 Ground Rent Loan Payment Auto Dues & Subscriptions Insurance Legal & Accounting Operating Supplies Taxes & Licenses Repairs & Maintenance Salaries & Wages Taxes - Payroll Telephone Overhead & Management Return on Investment Utilities I I Resolution Number ~~-~ BXBIBIT C Proposed Monthly 1btpenses - Effective January 1, 19B6 Seal Beacb Partners, Ltd. P_ Title Purchase I Loan Payment Auto Dues , Subscriptions Insurance Leqal , Accounting Operatinq Supplies Taxes , Licenses Repairs , Maintenance Salaries , Waqes Taxes - Payroll Telephone Overhead , Manaqement Return on Investment Utilities $ 13,33B.00 298.35 .B3 l,881.69 325.66 245.85 1985 TOTAL ALLOWABLE RENT 745.45 1,500.60 2,754.70 260.04 193.26 3,443.22 2,354.00 2,130.74 $ 29,472.39 I I Resolution Number ~~~ BXBIBI'l' D Space Rental Schedule Bffective January 1, 1986 Based OD Proposed JIonthl!, h_nses I Seal Beach PartDers, Ltd. Pee 'l'i tIe Purchase 5 Lots @ $ 148.00 $ 740.00 3 Lots @ $ l54.00 462.00 5 Lots @ $ l60.00 800.00 1 Let " $ ,171.00 l71. 00 ~ 13 Lots @ $ 178.00 2,314.00 2 Lots @ $ l83.00 366.00 1 Lot @ $ 189.00 189.00 7 Lots @ $ 191.00 l,337.00 1 Lot @ $ 195.00 195.00 2 Lots @ $ 201. 00 402.00 4 Lots @ $ 2l2.00 848.00 6 Lots @ $ 225.00 l,350.00 lO. Lots @ $ 230.00 2,300.00 1 Lot @ $ 249.00 249.00 44 Lots @. $ 265.00 11,660.00 1 Lot @ $ 278.00 278.00 14 Lots @ $ 294.00 4,116.00 2 Lots @ $ 308.00 6l6.00 1 Lot @ $ 313.00 313.00 2 Lots @ $ 383.00 766.00 I 1985 TOTAL MONTHLY INCOME $ 29,472.00 I