Loading...
HomeMy WebLinkAboutRDA Res 69-04 1969-02-20 '. ~ I I I r RESOLUTION NUMBER 69-4 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH APPROVING AND AUTHORIZING THE EXECUTION OF AN OWNER-PARTICIPATION AGREEMENT WITH APOLLO DEVELOPMENT CORPORATION FOR THE RIVER- FRONT REDEVELOPMENT PROJECT. WHEREAS, The Agency has undertaken redevelopment activities pur- suant to the California Community Redevelopment Law; and WHEREAS, The Agency has prepared a Redevelopment Plan for the proposed Riverfront Redevelopment Project; and WHEREAS, Said Redevelopment Plan provides for the participation in the redevelopment of the project area by the owners of property therein if the owners agree to redevelop their property in accordance with the Redevelopment Plan; and WHEREAS, The Agency has prepared rules governing the participation of owners in the proposed Redevelopment Project; and WHEREAS, The Apollo Development Corporation is the owner of certain property in the Project area and desires to participate in the redevelopment of such property pursuant to the proposed rules and the Redevelopment Plan; NOW, THEREFORE, BE IT RESOLVED: 1. That the proposed "property OWners Participating and Redevelopment Agreement "attached hereto as Exhibit "A" and incorporated herein is hereby approved. 2. That the Executive Director is hereby authorized to execute said Agreement with the Apollo Develop- ment Corporation. PASSED, APPROVED, AND ADOPTED by the Redevelopment Agency of the City of Seal Beach at a meeting thereof held on the 20th day of February 1969, by the following vote: AYES: NOES: ABSENT: Anderson, None None Dreis, Hamilton, Fuhrman, Gummere ~JE CHairman ~' /~ cretary ~ ,\ " 1 I 1 . THE REDEVELOPMENT AGENCY 0=' TIn,; CITY OF SEAL BEACH RJ:\fflRFRON'l' REDEVELOH-1ENr PROJECT PROPERTY OW~~RS ?ARTIf!PATION AN~ ~~DEVELOPMENT AGREEMENT THE AGREEMENT, consisting of this text and the exhibits attached hereto and made a part herdof (which text and exhibits are together hereinafter called "Agree:nent") made and entered into this 20th _ '''_'' __ _day of February , 1969, by and between the Redevelopment Agency of the City of Seal Beach, hereinafter referred to as the "Agency", and Apollo Development Corporation, hereinafter referred to as the "Participant." REC1TALS 1. The Riverfront Redeve1o~nent Project Area has been found and designated as an area which requires redevelopment in the interest of health, safety and general welfare of the City of Seal Beach and the State of California; and 2. The Agency has prepared the proposed redevelopment Plan for redevelopment of the Riverfront Redevelopment Project, hereinafter referred to as the "Plan", which Plan is scheduled to be considered by a joint meeting of the Agency and Council of the City of Seal Beach on the 20th day of February, 1969, and which plan is by reference incorporated herein and made a part of this Agreement with the same f?rce and effect as though set forth in full herein; and 3. Parties hereto r-ecognize and agree that the Plan is a plan for the improvement of real properties and living conditions within the area encompassed by said Plan and for the prevention of further blight herein; and 4. The Plan p~ovides for the part~cipation in the redevelopment of property in the Project Area by the owners of certain parcels of property if the OI'mers of such property ?gree to participate in the redevelopment in conformity with the Plan by entering into an agree- ment with the Agency to effectuate certain improvements of such property; r 5. The participant is the owner of certain property in the Project Area on which it is presently developing a subdivision of single f~~ily hOUSeS to be sold to third parties; 6. The redevelopment of the project Area will greatly benefit Participant's pr~perty by the relocation of the existing sanitation plant, by the correction of the street flooding, and by the develop- ment of needed public park facilities. NOW, THEREFORE, the Agency and the Partici.pant (for the consideration and under the conditions herein set forth) for the benefit of them- selves do understand and agree for themselves and their assigns, successors, personal representatives, or heirs and future owners of said real p:Coperty: c;escribed nereiiL, :': ,1'..'-. ':-::, r;,: ,,' ,.,':, .':C'.' ,"', .~i.1,: "~:'..~::.J:.:":.. 2~ :..J::~I'".jtJ:: EXHIBIT .!\ , " 1 '1 1 1. (100) A. 11. (200) A. PARTIES TO THE AGREEMENT (101) The Aqency . The Agency is ~ public body, corporate and politic, exercising governmental functions and powers, and organized unoer the Community Redevelopment Law of the State of California. ,The office of the Agency ,is located at 201 Eight.h Street, Seal Beach, California. B. (102) The Participant The participant is a corporation duly organized and existing under the laws of the State of California, wholly owned by Harry Tancredi, Participant is acting as its own general contractor in the development of Participant's property described herein. Participant's, address is 1104 East 17th Street,' Santa Ana, California. Participant shall not assign all or any part of this Agreemen~ without the prior written approval of the Agency and shall not convey any parcel within Participant's subdivision until completion of develop- ment on said parcel as evidenced by a certificate of Occupancy as provided in Section 600 hereof. partici- 'pant shall promptly notify the Agency of any change in the ownership or control of either Participant or Suburbia, Inc. PROPERTY OWNERSHIP AND CONVEYANCE (201) Existing Property OWnership The Participant is th~ present owner of certain property in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter ' referred to as "Property"). Said property has been divided into two tracts by Pqrticipant for subdivision purposes. B. (202) Acquisition by the Agency in the Event of Default by the Participant. The Agency desires to forego its legal right to acquire the property by purchase or eminent domain to enable the Partiqipant to use and develop the property in accordance with the Redevelopment Plan as more particu- larly described herein, provided that certain agreements, restrictions, and covenants be imposed upon the use of the property and are carried out in accordance with this agreement. In the event of def~ult or breach of this agreement or any of its terms or conditions by the Participants, the Agency may pursue the remedy thereof by all means of enforcement both in equity and law provided by the laws of the State of California. If there is any such default or breach by Part~cipant, the Agency shall have the additional right to purchase any portion of the property on which the development is not completed by Participant and which has not been conveyed to a purchaser of any residence constructed thereon. The Agency's right of purchase shall not apply to any residence for which a Certificate of Occupancy has been issued as provided in Section 60Q of this Agreement. -2- " I, " 1 I " " 111. (300) A. , ' The amount to be P?it'l. the Participant shall be the fair market value of the property to be acquired with existing improvere~nt~ as of the date of purc~ase by Agency. If th~ Agency and the Participant are unable to agrGc upon the fair market value of the property, the Agency may institute an action in eminent domain to acquire the property, and this agreement will then constitute a stipulation on the part of the Participant that the only issue involved in said action shall be the fair market value of the property to be acquired. SCOPE OF DEVELOPMENT (301) Scope of Development fhe Participant shall construct or cause to be con- structed the improvements'set forth ih E:!{hiQit :'B" . attached hereto and by this reference incorporated herein (herej,n referred to as "Scope of 'Deve:!-opment").,' The participant agrees and covenants to develop the property in conformance with the Plan and the terms of this Agreement. B. (302) Schedule of Development , .The participant shall complete the development accord- ing to the schedule set forth in Exhibit "C" (herein referred,to as "Schedule of Development"). C. (303) Method or Financinq Development The Participating Owner has arranged for the construc- tion loans and long term financing of development through Southern California Savings and Loan Association located at 9250 Wilshire Boulevard, Beverly Hills, Calif. D. {304} Construction Plans The construction plans and specifications for the development have been submitted to the Agency, and the Agency hereby approves said plans and specifications. The construction plans and specifications approved by the Agency shall not be amended or modified without prior approval by the Agency. IV. '(400) A. CONDITIONS~ COVENANfS, AND RESTRICTIONS (401)'- Covenants', "__Conditions" "aJ::ld-' Restr.ictions The Participant agrees for itself, and its successors, and assigns, and every successor in interest to the property or any part thereof, that: 1. The Participant and its successors and assigns shall devote the property only to and in accordance with uses specified in the Redevelopment Plan; 2. There shall be no discrimination against, or segregation of, any person or group of persons, on account of ra~e, color, creed, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the property, nor shall the participant himself, or any person claiming under or through him, establish or permi~ any such praQtice or practices of discrimination or segregation with reference to the selection, location~ number, use, or occupancy of tenants, sub-tenants, lessees, sub- lessees, or vendees of the property. -3- . I,. I 1 ; B. (402) Declaration of Restrictions 1. The Participant has prepared and recorded a Declaration of Restrictic~2 covering first tract of property, dated May 29, 1968, and recorded May 31, 1968, as document Numb~r 20495 in Book 8617, pages 524 through ~29, 0fficial Records of Orange County, California; the Declaration of Restrictions covering the second tract, dated December 2, 1968, 'and recorded December 11. 1968, as document Number 6984 in Book 8812, pages 148 through 153, Official Rp.cords of Orange County, California, Said Declaration of Restrictions is stated to run with the land and to bind all parties having or acquiring any right to or interest in said real property. The Agency has reviewed said Declaration of Restrictions and hereby approves said Declaration of Restrictions as being consistent with the Redevelopment Plan and in furtherance of the objectives of said Plan, subject to certain amendments to be made by Participant hereinafter set forth. 2. The Participant and the Agency agree that the Participant shall amend said Declaration of Restrictions to set forth the covenants, conditions, and restrictions provided in Section 401 0f this Agreement, and to provide 'that said covenants, conditions, and restrictions shall shall be covenants run~ing with the land, binding to the fullest extent permitted by law and equity for the benefit and in favor of, and enforceable by, the Agency, its successors and assigns, the City of Seal Beach, and any successor in interest to the property. Said covenants shall be enforceable by any of the above named persons or parties against the Participant, its successors and assigns, and every successor in interest to the property or any part thereof, and against any party in possession o~ occupancy of the property or any part thereof. 3. -It is further intended and agreed, and the amendment to the Declaration of Restrictions shall provide that the covenants provided in subsection 1 of Section 401 shall remain in effect until February 20, 2014, or until such date the~eafter as may be provided in an amendment to the Redevelopment Plan, The covenants provided in subsection 2 of Section 401 shall remain in effect without limitation as to time and the amendment to the Declaration of Restrictions shall so provide, 4. Each deed of conveyance to the property or any 'part thereof shall incorporate the Declaration of Restrictions, as amended, by reference and such incor- poration shall be in lieu of reciting any of the language contained in said Declaration of Restrictions in such deeds. -4- 1 1 1 ," V. (500) A. GENERAL PROVISIONS (501) Rights_ of Obligees The provisions of thi.s Agreement do not limit the right of obligees to foreclose or otherwise enforce any mort- gage, deed or trust or other encllinbrance upon the property, or the right of obligees to pursue any remedies for the enforcement of any pledge or lien upon the property, provided, however, that in the event of a foreclosure sale under any such mortgage, deed or trust, or other lien or encumbrance, or sale pursuant to any power of sale contained in any such mortgage or deed of trust, the purchaser or purchasers and their successors and assigns, the property shall be, and shall continue to be subject to all the conditions, restric- tions, and covenants herein provided for. B. (502) Access to the Property The participant agrees to permit and does hereby permit the Agency access to the property herein described for any purpose deemed necessary by the Agency for carrying out the provisions of the plan. This access shall ,include inspection of work by representatives of the Agency, the city, or any local or state agency having jurisdiction with respect to any local or state housing codes or regulations. C. (503) Effect of Agreement The development covered by this Agreement is a private undertaking, and the Participant shall have full power over and exclusive control of the property, subject only to the limitations and obligations of the Participant under this Agreement and the Plan. (504) Termination of Agreement. 1.' -If the City fails to approve or adopt said plan on or before April 30, 1969, this Agreement shall terminate and neither party shall have any right of obligation herein 2, If neither the Agency nor the City is able to arrange financing of the public improvements proposed in the Redevelopment Plan within three (3) years after adoption of the Plan, then the Agency may terminate this Agreement by giving thirty (30) days notice to Participant and any successors in interest in the property. , 3, If the City Council, at any time after adoption of the Plan, abandons or terminates ~his project this Agreement shall automatically termina~e, D. -5- . " 1 1 I EXHIBIT "A" Description of real property: Lots 1-41 inclusive, and Lots 43-66 inclusive, of Tract No. 6345 in the City of Seal Beach, Califo:;:-n7.a, as shml7Il on a map recorded in Book 243, pages 27, 28, and 29 of Miscellaneous Maps, records of Orange County, California; and Lots 1-76 inclusive of Tract No. 6346 of the city of Seal Beach, California, as shown on a map recorded in Book 251, pages 8, 9, and 10 of Miscellaneous Maps, records of Orange County, California. - EXHIBIT "A" , '" I VI. (600) CERTIFICATE OF OCCUPANC~ (601) Cer-t.if:::cate o.~.Q~cupancy The Agency, i~s successors and assigns agree that the issuance as to each residence 9f a Certificate of Occupancy by the City of Seal Beach approved by the . Agency shall be conclusive evidence that Participant has complied with the terms of this Agreement which pertain to the construction of structures and other improvements described in said Certificate of Occupancy. Acceptance of streets and other public improvements by the City shall be conclusive evidence that the Participant has complied with the terms of this Agreement as to the public improvements that are so accepted, IN WITNESS WHEREOF, the Agency and the Participant have executed this Agreement as of the date first above written. THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BE~CH I, By ~-' I,ee RJ.sner Executive Director AP LLO DEVELOPMENT CORPORATION - By . Harry 'f credi President ~ -")I ... ---- -- , 1 ~~ ~FO'NIA ~~~~-;;;d';;;;!-c;;;.-.;-;;;.;s~~;':: I oo__m~__~N~~;l,__m_________._mmoom__.oooom_m__:'___,__'moom__m000-00'000000--000----1 C I:! = III C! C" C" = C".e a ~ C D a a ~ It a = = = a c a = c = = 0 1"1 .nnn__:__nnn___nnn_______...._n_n..nnn.ou_nnnnnn__._..n__..._uonnunn__________._______......__nnn._.._________ 'OFFICIAL SEAL " - RONALD D, MILLER ~ Isnown to me to be the person who executed the within instrument on behalf of the NOYARY PUB"C, CA"rORMIA . .....'Corporation therein named, and acknowledged to me that such Corporation exe- PRINCIPAL oFFICE IN "" 'go j" cuted the within instrument pursuant to its By-laws or a Resolution of its Board of ORANGE. rOUNn ",y. My Commission Expires Feb. 3, 1973 . DJrectors. :tC~)'~"'O"'~~:;.JGO~ X: :.=::J~ = = = CD U . , , ~ CORPORATION ,.KNOWLEDGMENT Notary'. Sipatureoooo~_~oo~'__~u.m_m'muu.u~\~m__umuumum_m____'uuuuu Mana.,., or OHlc., Form No. 1& J -:::..- - \ Type or Print Notary'. NBmeuuu_mu__.uuu'__m_'m____uuum'u,u__mmmuuum__m'm.m_m__'mu___ . . ..' I, 'I I ~XHI.!31T "BIl Scope of Development: The Participant shall construct a subdivision of single-family houses which consists of two tracts. The first tract is situated to the llorthwest of Electric Av€!nue, The second tract is situated southwest of Electric Avenue. The first tract shall contain 65 single-family houses. The second tract shall contain not less than 65 nor more than 80 single-family houses. Both tracts shall be developed in accordance with the foll~~ing standards: 1. Each lot upon which a house is constructed shall have at least 3,000 square feet, 2. Each single-family house shall not exceed two (2) stories in height above the ground floor level. The ground floor level must consist of not less than 1,250 square feet. Any sec0nd story level must consist of not less than 300 square feet nor more than 800 square feet. The front wall of the second story shall be no nearer than 50 feet to the front of the lot line. 3. Each house may have a setback of zero (0) feet from any one sideline of the building site on which it is located, provided that the setbacks on the other side of the lot shall be a minimum of six (6) feet, except on corner lots the setbacks shall be a minimum of three (3) feet on the side nearest the street, 4. The development of the property shall conform to the Zone "R-l-3000" and Precise Plan No. pp-1-66 as ?dopted by the city Council of the City of Seal Beach. - EXHIBIT "B" . ' ," ,." I. I I . , . EXHIBIT "e" Schedule of Development: First Tract The first tract now under construction including all public improvements therein which Developer is constructing shall be completed on or before June 1, 1969. Second Tract Construction on the second tract shall commence on or before March 1, 1969, The second tract including all public improvements therein which Developer is to construct shall be completed on or before , , - EXHIBIT "C"