HomeMy WebLinkAbout1976-10 CRA
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3/30/76
RESOLUTION NO. 76-10
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA APPROVING THE
AMENDMENT TO CONTRACT AGREEMENT BETWEEN THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF SANTA ANA, THE HOUSING AUTHORITY OF THE
CITY OF SANTA ANA, AND NATIONAL HOUSING
CONSULTANTS, INC., FOR THE SALE OF LAND FO~
PRIVATE REDEVELOPMENT PURSUANT TO THE SANTA
ANA COMMUNITY REDEVELOPMENT PROJECT IN SANTA
ANA, CALIFORNIA AND AUTHORIZING THE CHAIRMAN
TO EXECUTE THE SAME.
BE I~' FE SOLVED , by the Community Redevelopment Agency
of the City of Santa Ana that it hereby approves that certain
"Amendment to contract agreement between the Community Redevelopment
Agency of the City of Santa Ana, the Housing Authority of the City
of Santa Ana, and National Housing Consultants, Inc., for the sale
of Land for private redevelopment pursuant to the Santa Ana Commun-
ity Redevelopment Project in Santa Ana, California," form dated
March 31, 1976, which Amendment is on file in the office of the
Executive Director of the Agency, and the Chairman of the Agency is
hereby authorized to execute said Amendment on behalf of the Agency.
PASSED AND ADOPTED by the Community Redevelopment Agency
of the City of Santa Ana at its Special meeting held on
the ~È--day of April , 1976.
ATTEST:
JO
RICHARD E. G LIRS ,
Executive Director and
Recording Secretary
APPROVED AS TO LEGAL FORM:
/~ !? ç;;
'KEITH L. GOW, Agency
Legal Counsel
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF SANTA ANA )
ss. :
I hereby certify that the foregoing resolution was duly
adopted by the Community Redevelopment Agency of the City of Santa
Ana, California, at a Special meeting thereof, held on
the 5th day of AprJ.1 , 1976, by the following
vote, to wit:
AYES:
MEMBERS: Garthe,Bricken, Evans, Ward, Ortiz, Yamamoto
NOES:
MEMBERS: Brandt
ABSENT:
MEMBERS: None
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paRED BY Assistant Citv Attornev DATE OF COUNCIL ACTION
DATE
SUBJECT
March 31. 1976PHONE
4900
APPROVED
Amendment to Contract Aqreement
for Disposition and Redevelop-
ment of Santa Ana Towers Site
between Redevelopment Agency,
Housina Authoritv and National
Hou'~~.U1t~ Inc.
~t~D
DEP R MENT H D CITY MANAGER
CLERK OF THE COUNCIL
~OMMENDED ACTION
Redevelopment Agency: Adopt Agency Resolution 76-10
.
Housing Authority: Adopt ~uthority Resolution 76-1
City Council: Approve Amendment by Motion
BACRGROUND
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The Amendment to Contract Agreement for Disposition and Redevelop-
ment of Santa Ana Towers Site between the Redevelopment Agency, Housing
Authority and National Housing Consu1tant~ Inc. includes the following
contract chang~s"wi1Ích are technically necessitated, and re.,¡uired
prior to close o'f escrow: .
1. A change providing that National Housing Consultants, Inc.
grant an easement to Edison for the relocated underground utility line.
(Recommended by City Attorney's Office)
2. A change revising the maximum rent from $315 to conform with
the $318.50 maximum rent approved by HUD. (Requested by NHC, Inc.
and concurred in by staff).
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3. A change to provide flexibility in establishing minimum set
back requirements by allowing minimum set backs to be established by
joint "Notice of Minimum Setbacks" to NHC, Inc. by the Redevelopment
Executive Director, Housing Authority Executive Director and Planning
Directòr to avoid necessity of again amending contract in light of
additional technically required set back changes anticipated between
nOw and approval of the final plans. (Recommended by City Attorney's
Office as a result of several minor technical minimum set back changes
in plans necessitated to date).
4. A change allowing the electrical transformer for the project
to be located above ground as required by the Edison Company.
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4-1-76
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AMENDMENT
AMENDMENT TO CONTRACT AGREEMENT BETWEEN THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
. OF SANTA ANA, THE HOUSING AUTHORITY OF THE
CITY OF SANTA ANA, AND NATIONAL HOUSING
CONSULTANTS, INC., FOR THE SALE OF LAND FOR
PRIVATE REDEVELOPMENT PURSUANT TO THE SANTA
ANA COMMUNITY REDEVELOPMENT PROJECT IN SANTA
ANA, CALIFORNIA.
For good and valuable consideration, receipt of which is
hereby acknowledged, the COMMUNITY REDEVELOPMENT. AGENCY OF THE
CITY OF SANTA ANA, a public body corporate and politic (which
together with any successor public body or officer hereafter
designated by or pursuant to law, is hereinafter called "Agency").
established pursuant to Chapter 2 of the Community Redevelopment
Law of the State of California and having its office at 20 Civic
Center Plaza in the City of Santa Ana, State of California, and
the HOUSING AUTHORITY OF THE CITY OF SANTA ANA, a public body
corporate and politic (which together with any successor public
body or officer hereafter designated by or pursuant to law, is
hereinafter called "Authority"), established pursuant to Chapter
1 of the Housing Authorities Law of the State of California, and
NATIONAL HOUSING CONSULTANTS, INC., a corporation organized and
existing under the laws of the State of California (hereinafter
called "Redevel~per") and having an office for the transaction of
business at-12735 Ventura Boulevard, Suite 28, in the City of
Studio City, State of California, do hereby agree to amend that
certain contract agreement between the parties dated January 19,
1976, entitled "Santa Ana Community Redevelopment Projec~Santa Ana,
California, Contract for Sale of Land For Private Redevelopment
By and Between Community Redevelopment Agency of the City of
Santa Ana, and Housing Authority of the City of Santa Ana and
National Housing Consultants~ Inc." as follows:
1.
It is agreed by the parties hereto that Section 2A be
added to the contract following Section 2 and preceding Section 3
in the following form:
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SEC. 2A.
CONVEYANCE OF EASEMENT TO SOUTHERN CALIFORNIA
EDISON CO.
Redeveloper agrees, concurrently with conveyance
of the property by Agency to Redeveloper, to convey
to Southern California Edison Company, a corporation,
its successors and assigns, an easement and right
of way for utility purposes in the form of deed attached
hereto and added to the Agreement as Attachment No.5.
This Section 2A constitutes the joint escrow instructions of the
Agency and the Redeveloper, and it is to be delivered to Safeco Title
Insurance Company for deposit in the presently existing escrow account
established pursuant to Section 2 of this Agreement.
Pursuant to
Section 2 of this Agreement, the Agency and the Redeveloper shall
provide such additional escrow instructions as shall be necessary
and consistent with the Agreement and this Section 2A.
The Escrow
Agent is hereby empowered to act under this Section 2A, and upon
indicating its acceptance of the provisions of this Section 2A within
five (5) days after receipt of this Section 2A, the Escrow Agent
shall carry out its duties as escrow agent hereunder.
Upon delivery by the Redeveloper to the Escrow Agent of a
deed of conveyance of easement in the form of Attachment No.5 hereto,
the Escrow Agent shall record such deed on the closing date specified
in additional escrow instructions to be provided by the Agency and
the Redeveloper in accordance with the terms and provision~ of Section
2 of this Agreement and concurrent with the recordation of the deed
from the Agency to the Redeveloper. The Escrow Agent shal~ buy, affix
thereto and cancel any transfer stamps required by law.
Escrow fees,
if any, arising from this Section 2A shall be paid by Redeveloper
and Agency pursuant to and consistent with the terms of Section 2
of this Agreement.
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The Redeveloper shall timely and properly execute, acknowledge
and deliver a Deed in substantially the form of Attachment No.5
to this Agreement and in accordance with the provisions of Section
2(c) of thfs Agreement.
The Escrow Agent is authorized and directed to pay and charge
the Agency and the Redeveloper for any fees, charges and costs pay-
able under this Section 2A,disburse funds and deliver the Deed of
Easement to Southern California Edison Company at its offices located
at
Santa Ana
ra1iforn;a q~7n5
13;15 Sollth GraM AvpnllP
and record said Deed if necessary or proper to vest title to the
easement and right of way in Southern California Edison Company,
all of which acts are to be done in accordance with the provisions
of Section 2 of this Agreement.
furids,"ff any, received pursuant to the terms of this Section
2A shall be deposited and otherwise disposed of in a manner consistent
with the terms of Section 2 of this Agreement.
Communiéations from
the Escrow Agent to the Agency and/or the Redeveloper shall likewise
be executed as specified in Section 2 of this Agreement.
If th i s
escrow is not in condition to close before or at the time for conveyance
established in Section 2 of this Agreement, any party hereto who
then shall have substantially performed the acts to be performed
before the conveyance of title may, in writing to the other party,
terminate this Agreement and demand of the Escrow Agent the return
of its monéy, papers, or documents.
Thereupon all obligations and
liabilities of the parties under this Agreement shall cease and
terminate.
If neithe~ the Agency nor the Redeveloper shall have
fully performed with respect to the conveyance before the time
established in said Section, no termination or demand for return
shall be recognized until 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 principal place or places of business. If
any objections are raised within the 10-day period, the Escrow Agent
is authorized to hold all money, papers and documents with respect
to the Property until instructed by mutual agreement of the parties
or upon failure thereof by a court of competent jurisdiction.
If
no such demands are made, the escrow shall be closed as soon as
possible.
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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 Redeveloper, or until the party entitled
thereto has been determined by a final decision of a court of competent
jurisdiction.
~~v amendment to these escrow instructions shall be in writing
and signed by both the Agency and the Redeveloper.
At the time
of any amendment the Escrow Agent shall agree to carry out its
duties as Escrow Agent under such amendment.
The liability of the Escrow Agent hereunder shall be the
same as that imposed by Section 2 of this Agreement.
The Agency shall not be liable for any real estate commis-
sions or brokerage fees which may arise herefrom.
The Agency and
Redeveloper each represent to the Escrow Agent and to each other
that it has engaged no broker, agent or finder in connection with
this transaction.
2.
It is agreed by the parties hereto that Attachment No.
2, entitled "Legal Description of the Property", and consisting of
two (2) pages is amended to read as follows:
LEGAL DESCRIPTION OF THE PROPERTY
That portion of the "Park Tract Addition to Santa Ana"
per map filed in Book 1, Page 30 of Records of Survey.
Records of Orange County in the City of Santa Ana, County
of Orange, State of California, described as follows:
Beginning at a point in the Northerly line of Second
Street (being 60.00 feet in width) as shown on said Record
of Survey, said point being in a line parallel with and
40.00 feet Easterly of the centerline of Ross Street
(being 50.00 feet in width) as shown on said Recore of
Survey; tnence along said Northerly line N. 8~46'42"E.,
404.76 feet to the Westerly line of Birch Street (being
60.00 feet in width) as shown on said Record of Survey;
thence along said Westerly line S.Oo08'34"W., 244.66 feet
to the beginning of a tangent curve concave Northwesterly
and having a radius of 25.00 feet; thence Southerly,
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Southwesterly and West~tl, along said curve through a
central angle of 89°51'26" and an arc distance of 39.21
feet to a tangent line, parallel with and 70.00 feet
Northerly of the centerline of First Street as shown on
said Record of Survey; thence along said parallel line,
West, 350.69 feet to a tangent curve concave Northeasterly
and having a radius of 25.00 feet; thence Westerly,
Northwesterly and Northerly along said curve through a
central angle of 89°11'09" and an arc distance of 38.91
feet to a tangent line, parallel with and 40.00 feet
Easterly of said centerline of Ross Street; thence along
said parallel line N.Oo48'51"W., 243.41 feet to the point of
beginning.
3.
It is agreed by the parties hereto that Attachment No.5
entitled "Grant of Easement" is added to this Agreement.
4.
Last sentence of Subparagraph (b) found within Section 8
entitled SPECIAL PROVISIONS, found on page 12 of the Agreement is
hereby amended to read as follows:
HUD has subsequently approved an increased rent of
5.
$318.50 under Revised Section 23.
Line item number (5) found within Attachment No.3
entitled SCHEDULE OF PERFORMANCE, found as an attachment to said
Agreement, is hereby amended to read as follows:
Revision of Rents up to $318.50
6.
The second paragraph found within the section set out
by the title Building Controls, on pàge 1 of 2 of Attachment No.4
to said Agreement, entitled SCOPE OF DEVELOPMENT, is hereby. deleted
and the following paragraph is hereby added in its place to read as
follows:
The minimùm setbacks for the project from north, south,
east and west boundaries of Property, shall be established
from time-to-time at the discretion of the Agency
Executive Director, Authority Executive Director and
City Planning Director, by delivery of "Notice of
Minimum Setbacks" to Redeveloper, executed by each of
. them, as they deem it necessary to change the setbacks
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to expedite the project until such time as setbacks
in the final plans are approved by the Agency and
Authority.
7.
The paragraph set out by the title "utilities" on page 2
of 2 of Attachment No.4 to said Agreement, entitled SCOPE OF
DEVELOPMENT, is hereby amended to read as follows:
Utilities
Except for the electrical transformer, all electrical,
telephone, C.A.T.V. and similar utility services, wires
or cables which provide direct service to the Property
and are within the exterior boundary line of said
Property shall be installed underground.
No meters
will be left exposed in yard areas or on roofs.
8.
Exhibit IX, entitled Architect's certification form,
found as an attachment to said Agreement, is hereby deleted, and
a revised form is substituted and fully set out and attached as
Exhibit IX.
9.
The parties hereto do hereby ratify and affirm said
Agreement, as hereinabove expressly amended, as their Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement Amendment on the -----day of
,1976.
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA
,1976
By
John Garthe, Chairman
ATTEST:
Richard E. Goblirsch
Executive Director and
Recording Secretary
APPROVED AS TO FORM:
/~/Ç
Keith L. Gow
Agency Legal Counsel
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. 1976.
ATTEST:
Florence I, Malone
Recording Secretary
Manuel A. Rede
Executive Director & Secretary
APPROVED AS TO FORM:
~/C
Keith L. Gow. City Attorney
& Housing Authority Legal
Counsel
. 1976,
ATTEST:
Secretary
HOUSING AUTHORITY OF THE CITY
OF SANTA ANA
By
Harry K. Yamamoto. Chairman
NATIONAL HOUSING CONSULTANTS. INC.
By
Charles L. Peters, President
By
Vice President
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SlJUTHERN CALIFORNIA EDISON Cm,1PMIY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
.
GRANT OF EASEMENT (CORPORATION)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
£~~TT:fZ:t Af;;~ ::n~:.:::~::~~
OIGNATU.' or G.eLA.A.T 0 AGE.T on...,.,.o Tn, .... .A.'
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-. NATIONAL HOUSING CONSULTANTS, INC., a California Corporation
~(hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON CmlPANY, a
corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use,
maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time
underground electrical supply systems and communication systems (hereinafter refcrrcd to as "systems"), consisting of wires,
underground conduits, cables, vaults, manholes, handholes, and including abovc,ground enclosures, markers and concrete
. pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting
intelligence by cI<CtricaJ means, in, on, over, under, across and along that certain real property in the County of
Orange ,State of Cali fomi a, describcd as follows:
A strip of land four feet in width lying within that portion of
Second Street 60 fe~t. wide, as shown on the map of The Park
Tract Addition to Santa Ana recorded in Book 1, Page 30, Record
of Surveys. in the office of the Recorder of said Orange Co\.1P.tv'
the northerly line of said strip of land being describé'd as .Lorlbws:'
~OIlUIL"II<.:ll1\ elL Ll.", L1Ler3f:e~ieR of the..center.-1J"ne of First Street 6_0 fee\ .
wide with the center line of said Birch Street, as shown on a map of
said tract; thence northerly along said'center line of Birch Street, ,
339.71 feet, more or less to its intersection with the easter1y,prolongat~0
of the , North line of said Second Street as shown on a map of sa~d tract;
~ence.. Westerly along said pro10nga::ion a dis::anc;:e 30 feet to th~. g
ntersection, being also. the true po~nt of beg~nn~ng.: .th7nce cont~nu~ng ;
ester1y.a10ng said North line of Second Street to ~ts ~ntersect~on r
with a line parallel with and distant 40.00 feet eas::er1y, measu7ed at t
right angles from the center line of Ross Street (be~ng 50 feet ~n
width), as shown on a map of said tract. .
The Grantor agrees for itself, its successors and assigns not to erect, place or maintain, nor to pennit the erection,
placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above
described real property, The Grantee, and its contractolS, agents and employees, shall have the right to trim or cut trce roois
u may endanger or interfere with said systems and shall have frce access to said systems and every part thereof, at all times,
Cor the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of
Abe Grantor(s), the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground
Waround such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same
condition as it was prior to such excavation as is practicable. '
ecuted this day of
- , 19_.
l+lUNITY REDEVELOPMENT AGENCY OF
HE CITY OF SANTA ANA
STATE OF CALIFORNIA,
COUNtY OF
~STATE OF CALIFORN~A
COUNTY OF
EXECUTED this
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dayoC
,19-
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HOUSING CONSULTAHTS. INC.
By
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By
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SSe
. 'before me, a Not"ry Public in and
~ and
for sald State, personally appeared ------
known to me to be the Hnyor.
Clcrl<, respect~vely, oj; .the m~nicipal corporation that
the \~ithin instrument and acknowledged to me th¡lt they
the snme on behalf of the municipal corporation,
and Clty
executed.
execut:ed
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\H'l'NgSS my hand and offici,11 Hcal.
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IX: OTIIER DOCUMENTS: ATTACHMENT TO THE:
CONTRACT FOR SALE OF LAND FOR PRIVATE
REDEVELOp~æNT BY AND BETWEEN CO~MUNITY
REDtVELOP~:£NT AGE::CY OF THE: CITY OF
SANTA A~A AND HOUSING AUTHORITY OF THE:
CITY OF SANTA ANA
, '1.
ARCHITECT'S CtRTIFICATION
HOUSING AUTHORITY OF THE: cm OF SANTA ANA. CALIFORHIA
John Oliver Cotto~ the architect for Santa Ana Senior
Citizen's ~ousing Project (Santa Ana Towers) , South ~ine on
, PROJECT NAME
First Street, North line fo~erlv on 2nd Street, Ross Street on
the West, an¿ ¡'irch Street on '::he East, San':a Ana, Ca~i:crnia,
LOCALI'¡'Y
Revised Section 23, HAP: CA 093003, personaUy and on behalf
PROJECT NU!'!BER
of the firm of KAMlUTZER, MARKS, VREELAND & COTTON
to the best of my knowledge aná Þelief aná in accoráance with
'the generally accepted standards of professional cere and
judgment do hereby cer'tify that the final. working drawings and
.pecifications wiU conform to the foUowing:
,A. The Requ£remen'ts of 'the Invitation for' Proposals prepared -
8JI4 p\ih1ished by the Santa Ana HouSing Authori1:y, the Developer's
Packe't. and 'the proposal submitted. by National,Housin& Consultants.
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B. All applicable Sta't. and 1ocal laws. codes, ordinances, and
N¡ulations as modified. by any waivers ob'ta!ned from the appropriate
officials~ . '
,c. The appropria'te HUD Min1mum Property Standards and the appli-
-cable HUD planning and design criteria set out in~e Developer's
Packet for the Santa ",na HoUsing Authori1:y.
, ,
- I hereby certify that I am dw.y authori:ed to execute this document
as a registered architect in the State of California.
9023.0
Date
uA?/-If IP. /97?--
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C~74S-
(kegictration 110.)
EXHIBI~ IX
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