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HomeMy WebLinkAboutC-2458 - North Ford Purchasing Agreement & Escrow InstructionsTO: FROM: SUBJECT: is 11iff- City Council Staff Repot August 13, 1984 Agenda Item No. F -3(c) C30 BY THE CITY COUNCIL CITY OF NEWPORT BEACH CITY OF NEWPORTABH eEAC City Council AUG ! 3 1984 Planning Department `} /� /--I Suggested Action: If desired, authorize the City Manager and City Attorney to enter into escrow with the Irvine Company for the purchase of a 5.67 acre parcel of land on the North Ford site with $1 million dollars in CDBG funds, and further authorize the re -sale of this parcel to The Irvine Company for the sum of $1.00. Background For several months, City staff and members of the Planning Commission, and City Council, have been working with the Irvine Company for the inclusion of $1 million dollars in Community Development Block Grant Funds in the Irvine Company's North Ford affordable housing project, in order to increase the affordability of a number of units. In addition, staff has been working with the Irvine Company on the preparation of a development agreement and tentative maps. for the North Ford site. These items should be coming to the City Council during the months of September and October of 1984. The purchase of the site on. North Ford using CDBG funds needs to be completed by the end of August in order to draw down $1 million dollars in CDBG funds prior to the September 1, 1984 deadline which HUD has given the City. At the City Council meeting of July 23, 1984, the City Council adopted Resolution No. 84 -84 declaring the necessity to condemn 53 acre portion of the North Ford Development so as to provide a site for affordable housing development. The next step in the process of CDBG fund expenditure is to. enter into a purchase agreement and an escrow with The Irvine Company on the purchase of a parcel of land. Discussion The following are the major provisions of the contemplated purchase and re-sale of the 5.67 acre.parcel from and to The Irvine Company. Parcel Size. The parcel is approximately 5.67 acres in area. Appraised Value. The parcel has been appraised by Charles Wadsworth with a confirming appraisal by Richard Fuller at $2.5.million. sw 5.. + *� =,� �� ;;�n���y !;�; �,tli I r T0: C� Council -2. Proposed.Density. There will be a total of 99 units on 5.67 acres for a gross density of 17.5 units per acre. The overall project density for the 888 unit North Ford project is 311.5 du's per acre, however, it anticipated that the apartment projects will average higher densities and the ownership units will average lower densities. Affordable Units. There are 50 HUD "Lower Income" units proposed on the site. This constitutes the HUD minimum 518 required to show that the project "principally benefits" lower income households. These 50 units were originally designated as median income units as part of the North Ford General Plan Amendment. The total number of affordable units on the North Ford site remains 222. The following chart illustrates the increased affordability of the 50 units: Median (Per GPA) Lower (w /CDBG) Difference 1 BR 931 2 BR 931 540 391 675 256 The 2 bedroom units could be rented to a household earning no more than $27,000 per year, and the 1 bedroom to a household earning no more than $21,600 per year, based on current median income. The rents and income maximums would be adjusted to reflect changes in median income. Land Sale. It is proposed that the City purchase the 5.67 acre parcel for $1.0 million, and sell it back to the Irvine Company (through a back -to -back escrow) for $1.00. This will effectively "write down" the cost of the land by $1.0 million in order to provide 50 lower income rental units. Bedroom Mix. It is currently anticipated that 25 units will be 1 bedroom and 25 units will be 2 bedroom. Duration of Agreement. The 50 lower income units would remain affordable for 10 years. At that time they could be converted to market rate rental units or sold as condominiums, at the option of the Irvine Company. Economic Analysis. Attached is an economic analysis prepared by Tarantello and Company, which illustrates the benefit derived from the lower rental rates over 10 years, and discusses the feasibility of the project with and without the use of CDBG funds. Conclusion With the concurrence of the City Council, it is staff's intention to open escrow for the purchase and re -sale of this parcel on August 14, 1984, draw down $1 million dollars in Community Development Block Grant funds from HUD on August 31, 1984, and close escrow by September 4, 1984. 0 0 11, , ? TO: Ce Council -3. Attached are copies of the two purchase agreements and escrow instructions for the initial sale and re -sale of the 5.67 acre parcel. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By �(XK�'l �P dGrTrMI Robert P. Lenard Advance Planning Administrator RPL:kln Attachments for City Council Only: 1. Purchase Agreement and Escrow Instructions (Initial Sale $1 Million Dollars) 2. Purchase Agreement and Escrow Instructions (Rea-Sale at $1.00 Dollar) 3. Economic Analysis CCSR 8- 13 -84. NF2 W PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS TO: First American Title Insurance Company 114 East Fifth Street Santa Ana, California 92701 ESCROW OFFICER: Rosie Frank ESCROW NO.: 1391376 -RF SELLER: The Irvine Company, a Michigan corporation SELLER'S ADDRESS: 550 Newport Center Drive Newport Beach, California 92660 Attention: Chick C. Willette BUYER: The City of Newport Beach, a California Municipal corporation BUYER'S ADDRESS: 3300 Newport Boulevard Newport Beach, California 92663 Attention: Robert Burnham, City Attorney SUBJECT PROPERTY: In the City of Newport Beach, County of Orange, State of California, described as follows: A portion of Block 57 of Irvine's Subdivision as shown on the Map filed in Book 1, Page 88 of Miscellaneous Record Maps, records of Orange County, California, described on Exhibit A. DATE: 1. Purchase and Escrow. Seller agrees to sell to Buyer the Subject Property subject to the following conditions: A. The Purchase Price to be paid by Buyer for the Subject Property is One Million Dollars . . . . . . . . . . . . • . $1,000,000.00 which shall be deposited into escrow together with all documents and additional funds that may be necessary to comply with the provisions of this escrow on or before the date set for the close of escrow herein. B. Seller shall deliver title subject to all of the covenants, conditions, restrictions, easements, reservations, rights, rights -of -way, 'encumbrances, and other items of record which have been approved by Buyer and to those items shown on Seller's Grant Deed attached hereto as Exhibit B. Seller shall, at its expense, provide Buyer with a preliminary report of title for the Subject Property within ten (10) days of.the opening of escrow as is more fully provided herein. Title insurance, if any, shall be acquired at Buyer's expense. 2. Other Conditions to Close of Escrow. A. Prior to the close of escrow, Seller shall deposit a fully executed Grant Deed in form as attached hereto as Exhibit B. B. The close of escrow is further conditioned upon the ability of the Escrow Agent to close Escrow No. 1391377 -RF, by and between the parties hereto, immediately after the close of escrow. C. Upon receipt of evidence of satisfaction of Conditions A and B listed above, receipt from Buyer of the Purchase Price, and satisfaction of all other conditions as are more fully set forth herein, Escrow Agent shall record the Grant Deed and shall deposit the Purchase Price in Seller's account. Notwithstanding the foregoing, Escrow Agent shall perform its obligations as provided herein without regard to any requirements which BAD781 8/7/84 • • may be imposed upon Buyer or Seller by the terms and conditions of the Purchase Agreement and Escrow instructions which extend beyond the close of escrow. 3. Close of Escrow Date. This escrow shall close not later than December 31, 1984. Cost and Prorations. With the exception of the cost of provision of any title insurance which shall be borne by Buyer, no prorations are to be made through this escrow. All other costs and fees in connection with the escrow will be paid by Seller. 5. Notices. Any notices or other communications between the parties hereto shall be in writing and shall be personally delivered to an agent of any party or sent by first -class mail, postage prepaid, duly registered or certified, return receipt requested, addressed.to the parties at the addresses hereinabove provided. Any party may, by written notice to the Escrow Agent and to the other party, designate a different address which shall be substituted for the one above designated. If any notice is deposited in the United States mail in Orange County, California, as aforesaid, the same shall be deemed delivered seventy - two (72) hours after the mailing thereof as provided above. Restriction of Use of Subject Property. Buyer and Seller acknowledge and agree that the purpose of Escrow No. 1391377 -RF is to restrict for ten (30) years at least fifty (50) of the units of a project which shall not exceed ninety -eight (98) units to be constructed on the Subject Property for occupancy by individuals or families whose income does not exceed eighty percent (802) of the annual median income of Orange County, California, as defined by HUD at rents which do not exceed the rents published annually in accordance with 24 CFR 888 by the United States Department of Housing and Urban Development ( "HUD ") in the Federal Register for new construction section eight housing for Orange County, California. In the event that the annual income figure increases the rent may be proportionately increased. Buyer and Seller agree that the annual HUD published maximum income limitation for a family of four for a two bedroom unit and for a family of two for a one bedroom unit, will establish the maximum monthly rental which may be charged in accordance with the following formula (annual income published by HUD x .30) > 12. For example, if the HUD published figure for a two person family is $21,600, then .30 times that figure equals $6,480, which divided by 12 equals $540.00, the maximum rental which may be charged unless the HUD published figure increases. Buyer anticipates receiving from HUD funds in an amount sufficient to perform its obligations stated in this escrow. In the event that Buyer fails to obtain the aforementioned funds and deposit the same into this escrow within the time specified herein, then Seller shall be released from its obligation to convey the Subject Property to Buyer, Buyer shall be relieved from the obligation to purchase the Subject Property; and the only recourse of either party shall be to cancel the escrow. In the event that HUD demands the return of such funds after the close of escrow, Buyer agrees to quitclaim any interest in the Subject Property obtained pursuant to this escrow upon receipt of One Million Dollars ($1,000,000) from Seller and Seller and Buyer agree that the aforementioned units may be rented as median income rental units, as defined by the North Ford Development Agreement. In no event shall this escrow continue beyond the close of the escrow date specified herein except pursuant to a written amendment to this Agreement. Counterparts. These instructions may be executed in counterparts, each of which when so executed shall be deemed an original, and said counterparts together shall constitute one and the same instrument notwithstanding the date of its execution and delivery. 8. General Escrow Instructions. The General Escrow Instructions attached hereto as Exhibit C are by reference incorporated herein and made a part hereof. In the event there is a conflict between the General Escrow Instructions and the terms and provisions of the Purchase Agreement and Escrow Instructions, this Agreement shall prevail. -2- (S BAD781 8/8/84 in 0 0 IN WITNESS WHEREOF, the parties have executed these escrow instructions upon the day and year first above written. THE CITY OF NEWPORT BEACH, a California Municipal corporation By Mayor, City of Newport Beach APPROVED AS TO FORM By City Attorney, City of Newport Beach BAD ?E1 THE IRVINE COMPANY, a Michigan corporation By President By Assistant Secretary QID 817/8a 17 LEGAL DESCRIPTION A PORTION OF BLOCK 57 OF IRVINE'S SUBDIVISION AS SHOWN ON THE MAP FILED IN BOOK 1, PACE 88 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT COURSE HAVING A BEARING OF S24 °20'09" W AND A DISTANCE OF 83.56 FEET AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED IN BOOK 12289, PACE 1726 OF OFFICIAL RECORDS (THE BEARING OF SAID COURSE FOR THE PURPOSE OF THIS DESCRIPTION SHALL BE S24 °19'59" W); THENCE ALONG SAID COURSE S24'19'59" W, 83.56; THENCE CONTINUING ALONG THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED S1'43'12" W, 447.12 FEET: THENCE LEAVING SAID WESTERLY LINE N88'16'48" W, 105.00 FEET TO THE BEGINNING OF NON— TANGENT CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE HAVING A RADIUS OF 720.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS S4'09'34" E, THROUGH A CENTRAL ANGLE OF 9'23'33 ", AN ARC DISTANCE OF 118.03 FEET; THENCE NON — TANGENT N1'43'12" E, 358.84 FEET; THENCE N88016'48" W, 35.00 FEET; THENCE N1'43'12" E, 310.00 FEET; THENCE NBS'16'48" W, 25.00 FEET; THENCE N1'43'12" E, 260.00 FEET TO THE BEGINNING OF A NON — TANGENT CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE HAVING A RADIUS OF 670.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS N7'13'05" W, THROUGH A CENTRAL ANGLE OF 8'01'05 ", AN ARCE DISTANCE OF 93.76 FEET, THENCE S89'12'00" E, 73.87 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY; THENCE EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 90.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NO'48'00" E, THROUGH A CENTRAL ANGLE OF 44'24'55 ", AN ARC DISTANCE OF 69.77 FEET TO A POINT OF REVERSE CURVE CONCAVE NORTHERLY, SAID CURVE BEING TANGENT AT ITS NORTHERLY TERMINUS TO THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED; THENCE SOUTHEASTERLY, EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE TO SAID POINT BEARS S45012'55" W, THROUGH A CENTRAL ANGLE OF 133'29'43 ", AN ARC DISTANCE OF 116.50 FEET TO SAID POINT OF TANGENCY AND SAID WESTERLY LINE; THENCE ALONG SAID WESTERLY LINE S1'43'12" W, 422.96 FEET TO THE POINT OF BEGINNING. CONTAINING 5.67 ACRES, MORE OR LESS. EXHIBIT A cp.1751 F. 7,84 WHEN RECORDED MAIL TO: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Robert Burnham City Attorney MAIL TAX STATEMENTS TO ADDRESS ABOVE RECORDING REQUESTED BY: The undersigned grantor declares: (This property is conveyed to a municipality and is therefore exempt from any document transfer tax.) Signature of Grantor or Grantor's Agent Parcel No G R A N T D E E D FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE IRVINE COMPANY, a Michigan corporation, hereby GRANTS to the City of Newport Beach, a California Municipal corporation, the following described real property in the City of Newport Beach, County of Orange, State of California: A portion of Block 57 of Irvine's Subdivision as shown on the Map filed in Book.l, Page 88, of Miscellaneous Record Maps, Records of Orange County, California, described on Exhibit A attached hereto. SUBJECT TO: All covenants, conditions, restrictions, reservations, rights, rights -of -way and easements of record and apparent. IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its officers thereunto duly authorized. Dated: THE IRVINE COMPANY a Michigan corporation By: President By: Assistant Secretary STATE OF CALIFORNIA ) ss. COUNTY OF ) On this day of , in the year , before me, the undersigned, a Notary Public in and for said State, personally appeared and personally known to me (or proved to me on the basis of satisfactory evidence ) to be the persons who executed the within instrument as and , respectively, on behalf of the corporation therein named and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. /8 RAE:? d i 8171 Bt • � i f Notary Public in and for saic S..ite LEGAL DESCRIPTION A PORTION OF BLOCK 57 OF IRVINE'S SUBDIVISION AS SHOWN ON THE MAP FILED IN BOOK 1, PACE 88 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT COURSE HAVING A BEARING OF S24 °20'09" W AND A DISTANCE OF 83.56 FEET AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED IN BOOK 12289, PAGE 1726 OF OFFICIAL RECORDS (THE BEARING OF SAID COURSE FOR THE PURPOSE OF THIS DESCRIPTION SHALL BE S24'19'59" W); THENCE ALONG SAID COURSE S24 °19'59" W, 83.56; THENCE CONTINUING ALONG THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED S1'43'12" W, 447.12 FEET: THENCE LEAVING SAID WESTERLY LINE N88'16'48" W, 105.00 FEET TO THE BEGINNING OF NON - TANGENT CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE HAVING A RADIUS OF 720.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS S4'09'34" E, THROUGH A CENTRAL ANGLE OF 9 °23'33 ", AN ARC DISTANCE OF 118.03 FEET; THENCE NON- TANGENT N1'43'12" E, 358.84 FEET; THENCE N88'16'48" W, 35.00 FEET; THENCE N1043'12" E, 310.00 FEET; THENCE N88'16'48" W, 25.00 FEET; THENCE N1'43'12" E, 260.00 FEET TO THE BEGINNING OF A NON—TANCENT_CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE HAVING A RADIUS OF 670.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS N7'13'05" W, THROUGH A CENTRAL ANGLE OF 8'01'05 ", AN ARC DISTANCE OF 93.76 FEET; THENCE 589'12'00" E, 73.87 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY; THENCE EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 90.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NO'48'00" E, THROUGH A CENTRAL ANGLE OF 44'24'55 ", AN ARC DISTANCE OF 69.77 FEET TO A POINT OF REVERSE CURVE CONCAVE NORTHERLY, SAID CURVE BEING TANGENT AT ITS NORTHERLY TERMINUS TO THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED; THENCE SOUTHEASTERLY, EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE TO SAID POINT BEARS S45'12'55" W, THROUGH A CENTRAL ANGLE OF 133 °29'43 ", AN ARC DISTANCE OF 116.50 FEET TO SAID POINT OF TANGENCY AND SAID WESTERLY LINE; THENCE ALONG SAID WESTERLY LINE S1 °43'12" W, 422.96 FEET TO THE POINT OF BEGINNING. CONTAINING 5.67 ACRES, MORE OR LESS. Em EXH:�:T A 8/7/84 GENERAL ESCROW INSTRUCTIONS 1. Deposit of Funds. All funds received in this escrow shall be held by Escrowholder and shall be disbursed only in accordance with these instructions. 2. Prorations and Adjustments. All prorations and /or adjustments called for in this escrow are to be made on the basis of a thirty (30) day month unless otherwise instructed in writing. The phrase "close of escrow " .as used in this escrow means the date on which documents are recorded and the obligations stated herein of Seller and Buyer are satisfied. 3. Recordation of Instruments. Recordation of any instruments delivered through this escrow is authorized if necessary or proper for the issuance of any policy of title insurance called for in this Purchase Agreement and Escrow Instructions. 4. Personal Property Taxes. No examination or insurance as to the amount or payment of personal property taxes is required unless specifically requested. S. Termination of A enc Obli a[ion. If there is no action taken on this escrow within six 6) months after the "rime limit dote" as set forth in the escrow instructions or written extension thereof, your agency obligation shell terminate at your option and all documents, monies or other items held by you shall be returned to the parties depositing same. In the event of cancellation of this escrow, whether it be at the request of any of the principals or otherwise, the fee and charges due Escrowholder, including expenditures incurred and /or authorized shall be borne equally by the parties hereto (unless otherwise agreed to specifically). EXHIBIT C r�O 0 0 PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS TO: First American Title Insurance Company 114 E. Fifth Street Santa Ana, California 92701 ESCROW OFFICER: Rosie Frank ESCROW NO.: 1391377 -RF SELLER: The City of Newport Beach, a California Municipal corporation SELLER'S ADDRESS: 3300 Newport Boulevard Newport Beach, California 92663 Attention: Robert Burnham, City Attorney BUYER: The Irvine Company, a Michigan corporation BUYER'S ADDRESS: 550 Newport Center Drive Newport Beach, California 92660 Attention: Chick C. Gillette SUBJECT PROPERTY: In the City of Newport Beach, County of Orange, State of California, described as follows: A portion of Block 57 of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of Miscellaneous Record Maps, Records of Orange County, California, described on Exhibit A. DATE: 1. Purchase and Escrow. Seller agrees to sell to Buyer the Subject Property subject to the following conditions. A. The Purchase Price to be paid by Buyer for the Subject Property is One Dollar . . . . . . $1.00 . . . . . . . . . . . . . . . which shall be deposited into escrow together with all documents and additional funds that may be necessary to comply with the provisions of this escrow on or before the date set for the close of escrow herein. B. Seller shall deliver title subject to all of the covenants, conditions, restrictions, easements, reservations, rights, rights - of -way, encumbrances, and other items of record and to those items shown on Seller's Grant Deed attached hereto as Exhibit B. Execution of these escrow instructions will be deemed Buyer's approval of the condition of title and no further approval will be required. Seller shall not be required to provide a policy of title insurance for the Subject Property. 2. Other Conditions to Close of Escrow. A. Prior to the close of escrow Seller shall deposit a fully executed Crant Deed in the form attached hereto as Exhibit B. B. The close of escrow is further conditioned upon the ability of Escrow Agent to close Escrow No. 1391376 -RF by and between the parties hereto. C. Upon receipt of evidence of satisfaction of conditions A and B of this paragraph, the Ceneral Escrow Instructions attached as Exhibit C, and receipt from Buyer of the Purchase Price, Escrow Agent shall -1- aI BAD782 8/7/848 0 0 record the Crant Deed and shall deposit the Purchase Price in Seller's Account. Notwithstanding the foregoing, Escrow Agent shall perform its obligations as provided herein without regard to any requirements which may be imposed upon Buyer or Seller by the terms and conditions of the Purchase Agreement and Escrow Instructions which extend beyond the close of escrow. 3. Close of Escrow Date. This escrow shall close not later than December 31, 1984. 4. Cost and Proration s. No prorations are to be made through this escrow. All costs and fees in connection with the escrow will be paid by Buyer. 5. Notices. Any notices or other communications between the parties hereto shall be in writing and shall be personally delivered to an officer of any party or sent by first class mail, postage prepaid, duly registered or certified, return receipt requested, addressed to the parties at the addresses hereinabove provided. Any party may, by written notice, to the Escrow Agent and to the other party, designate a different address which shall be substituted for the one above designated. If any notice is deposited in the United States mail in Orange County, California, as aforesaid, the same shall be deemed delivered seventy -two (72) hours after the mailing thereof as provided above. 6. Restriction of Use of Subject Property. Buyer and Seiler acknowledge and agree that the purpose this escrow is to restrict for ten (10) years fifty (50) of the units of a project which shall not exceed ninety -eight (98) units to be constructed on the Subject Property for occupancy by individuals or families whose income does not exceed eighty percent (80X) of the annual median income of Orange County, California as defined by HUD at rents which do not exceed the rents published annually in accordance with 24 CPS 888 by the United States Department of Housing and Urban Development ( "HUD ") in the Federal Register for new construction section eight housing for Orange County, California. Buyer and Seller agree that the annual HUD published maximum income limitation for a family of four for a two bedroom unit and for a family of two for a one bedroom unit, will establish the maximum monthly rental which may be charged in accordance with the following formula, (annual income published by HUD x .30) + 12. If the HUD published income figure for Orange County, California increases the rental may be proportionately increased. For example, if the HUD published figure for a two person family is $21,600, then .30 times that figure equals $6,480, which divided by 12 equals $540.00, the maximum rental which may be charged unless the HUD published figure increases. Seller anticipates receiving from HUD funds in an amount sufficient to perform its obligations stated in Escrow No. 1391376 -RF. In the event that Seller fails to obtain the aforementioned funds and deposit the same into Escrow No. 1391376 -RF within the time specified therein, then Seller shall be released from its obligation to convey the Subject Property to Buyer, Buyer shall be relieved from the obligation to purchase the Subject Property, and the only recourse of either party shall be to cancel this escrow. In no event shall this escrow continue beyond the close of the escrow date specified herein except pursuant to a written amendment to this Agreement. The restrictions set forth in the Crant Deed attached hereto as Exhibit "B" which are not to be accomplished prior to the close of escrow are intended by the parties to continue thereafter and be binding 'upon Buyer, its successors and assigns. Buyer agrees that it shall not transfer the Subject Property except subject to these restrictions and that all subsequent deeds shall contain the same restrictions set forth in the deed attached hereto as Exhibit "B ". Seller agrees that the restrictions shall be released by Seller ten (30) years after issuance by the City of Newport Beach of a Certificate of Use and Occupancy for fifty units of housing constructed upon the Subject Property which are to be made available for said ten (10) year period for occupancy by individuals or families with incomes which do not exceed eighty percent (80X) of the BAD782 a� -2- 8/8/848 a3 annual median income of Orange County as defined by HUD during such ten (10) year period as is more fully described in the Grant Deed attached hereto as Exhibit "B" and incorporated herein by reference. 7. Counterparts. These instructions may be executed in counterparts, each of which when so executed shall be deemed an original and said counterparts, together shall constitute one and the same instrument notwithstanding the date of its execution and delivery. B. General Escrow Instructions. The General Escrow Instructions attached hereto as Exhibit C are by reference incorporated herein and made a part hereof. In the event there is a conflict between the General Escrow Instructions and the terms and provisions of this Purchase Agreement and Escrow Instructions, this agreement shall prevail. IN WITNESS WHEREOF, the parties have executed these escrow instructions upon the day and year first above written. SELLER BUYER THE CITY OF NEWPORT BEACH, a California THE IRVINE COMPANY, a Michigan Municipal corporation corporation By APPROVED AS TO FORM By City At BAD782 -3- By s By Assistant Secretary 8/8/84B LEGAL DESCRIPTION 0 A PORTION OF BLOCK 57 OF IRVINE'S SUBDIVISION AS SHOWN ON THE MAP FILED IN BOOK 1, PACE 88 OF MISCELLANEOUS RECORD MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT COURSE HAVING A BEARING OF S24 °20'09" W AND A DISTANCE OF 83.56 FEET AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED IN BOOK 12289, PACE 1726 OF OFFICIAL RECORDS (THE BEARING OF SAID COURSE FOR THE PURPOSE OF THIS DESCRIPTION SHALL BE S24'19'59" W); THENCE ALONG SAID COURSE 524 °19'59" W, 83.56; THENCE CONTINUING ALONG THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED S1 °43'12" W, 447.12 FEET; THENCE LEAVING SAID WESTERLY LINE N88 °16'48" W, 105.00 FEET TO THE BEGINNING OF NON - TANGENT CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE HAVING A RADIUS OF 720.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS S4 °09'34" E, THROUGH A CENTRAL ANGLE OF 9 023'33 ", AN ARC DISTANCE OF 118.03 FEET; THENCE NON - TANGENT N1 °43'12" E, 358.84 FEET; THENCE N88 °16'48" W, 35.00 FEET; THENCE N1 °43'12" E, 310.00 FEET; THENCE N88 °16'48" W, 25.00 FEET; THENCE N1 °43'12" E, 260.00 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE HAVING A RADIUS OF 670.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS N7 °13'05" W, THROUGH A CENTRAL ANGLE OF 8'01'05 ", AN ARC DISTANCE OF 93.76 FEET; THENCE S89*12'00" E. 73.87 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY; THENCE EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 90.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NO °48'00" E, THROUGH A CENTRAL ANGLE OF 44 °24'55 ", AN ARC DISTANCE OF 69.77 FEET TO A POINT OF REVERSE CURVE CONCAVE NORTHERLY, SAID CURVE BEING TANGENT AT ITS NORTHERLY TERMINUS TO THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED; THENCE SOUTHEASTERLY, EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE TO SAID POINT BEARS S45 °12'55" W, THROUGH A CENTRAL ANGLE OF 133 °29'43 ", AN ARC DISTANCE OF 116.50 FEET TO SAID POINT OF TANCENCY AND SAID WESTERLY LINE; THENCE ALONG SAID WESTERLY LINE S1 °43'12" W, 422.96 FEET TO THE POINT OF BEGINNING. CONTAINING 5.67 ACRES, MORE OR LESS. Ei.;;:3 ': F. ac/ BAD792 8i 7f 8-1 .-1 WHEN RECORDED MAIL TO: The Irvine Company 550 Newport Center Drive Newport Beach, CA 92663 Attention: Builder and Escrow Services Community Development Division MAIL TAX STATEMENTS TO ADDRESS ABOVE RECORDING REQUESTED BY: DOCUMENTARY TRANSFER TAX $1.00 -with restricted uses Computer on the consideration or value of property conveyed; or Computed on the consideration or value less liens and encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax - firm name PARCEL NO. G R A N T D E E D FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Newport Beach, a California municipal corporation, hereinafter "Grantor," hereby grants to The Irvine Company, a Michigan corporation, hereinafter "Grantee," the real property in the City of Newport Beach, County of Orange, State of California, described on Exhibit "A" attached hereco (the "Subject Property "), PROVIDED, HOWEVER, that if the Subject Property is not used for the provision of not more than ninety -eight (98) units of housing, at least fifty (50) of which are available for rental to lover income families, as that term is herein defined, at rents as that term is herein defined, for ten (10) years from the date of issuance by the City of Newport Beach, California of a certificate of use and occupancy for such units, THEN Crancor, its successors and assigns reserves the right in its sole and reasonable discretion to re- encer and terminate the estate hereby granted to Grantee after providing Grantee prior written notice of any such violation of this restriction and a sixty (60) day opportunity to cure any such violation. As used herein the term, "lower income families ", shall mean individuals and families whose income does not exceed eighty percent (80X) of the median income for Orange County California as determined by the Secretary of the United States Department of Housing and Urban Development ( "HUD "). As used herein the term "rents" shall mean that figure which may be adjusted from time to time by Grantee in accordance with the following formula (annual income published by HUD x .30) a 12. As used herein the "annual income published by HUD" shall mean the figures published at least annually by HUD in the Federal Register in conjunction with its new Construction Section Eight Program for one bedroom units to be occupied by two person families and for two bedroom units to be occupied by four person families in accordance with 24 CFR 888 as it may be amended. Grantor agrees that upon written request of Crancee delivered ten (10) years after the issuance by the City of Newport Beach of a certificate of use and occupancy for the fifty (50) lower income units upon the Subject Property, Grantor will record a quitclaim deed in a form which is customary at such time and is acceptable at such time to the Orange County Recorder, in which Grantor shall release and forever quitclaim any interest it holds in the Subject Property. SUBJECT TO: 1. Quitclaim and release by Grantor of any interest in the Subject Property ten (10) years after issuance by the City of Newport Beach, California, of Certificate of Use and Occupancy, as provided in the above described restrictions. BAD782 8/8/848 0 0 2. All covenants, conditions, restrictions, reservations, rights - of -way and easements of record and apparent. 3. Grantee, its successors and assigns shall, for ten years, use at least fifty (50) of the units constructed on the Subject Property conveyed hereby solely as rental housing which may be occupied by lover income families at rents as those terms are defined by the above- described restriction as provided below: (a) Grantee shall not be in violation of its covenant to use the Subject Property solely as rental housing which may be occupied by lower income families if for a period of ten (10) years from the date of issuance by the the City of Newport Beach, California, of a Certificate of Use and Occupancy, for no more than ninety-eight (98) units of housing, fifty (50) of which are rented to lower income families, as that term is herein defined, at rents as that term is herein defined. (b) Should Grantee, its successors or assigns violate any of the foregoing covenants or restrictions on use, Grantor, its successors or assigns, may, in addition to the right to terminate the estate of Crantee, seek any remedy available at law or in equity including, without limitation, the right to seek specific performance or enjoin the continuance of the breach of any such covenants or restrictions on use. It is specifically understood that any of the foregoing remedies may be employed at the option of Grantor, its successors and assigns, and the failure of any such remedies to be employed upon any one or more of any occurrence giving rise to such remedies shall not be a waiver of the right to employ such remedies upon the continuance of such occurrences or any subsequent occurrence. Notwithstanding the foregoing, a breach of the foregoing covenants and restrictions on use, shall not defeat or render invalid the lien of a mortgage or deed of trust made in good faith and for value in furtherance of the project described in (a) above. In addition to the remedies provided herein and in the event of any violation of these covenants by Grantee, the obligation of Grantee to provide fifty (50) lover income units and the obligation of Grantor to quitclaim its interest in the property, shall be extended beyond 10 years and for a period of time equal to the length of the violation(s). (c) Grantee recognizes the reasonableness of the foregoing covenants and restrictions on use, which recognition shall be binding on Grantee's successors and assigns, including any owner of the Subject Property conveyed hereby, or any portion thereof, whose title thereto is acquired through foreclosure, trustee's sale or otherwise. (d) The foregoing covenants shall run with the land, burdening the Subject Project conveyed hereby and benefitting each and every portion of the real property described on Exhibit B attached hereto and by this reference made a part hereof (the "Benefitted Property "). Said covenants shall burden the real property conveyed hereby and every portion into which it may be divided, and the owners and lessees of any interest therein, as the servient tenement subject to an equitable servitude, and shall be enforceable by Grantor and its successors running in favor of the Benefitted Property as the dominant tenement. Said covenants shall also be enforceable by the transferees of Grantor's interest in the Benefitted Property if, in the instrument effecting such transfer, Grantor confers such authority on its transferees and the transferee accepts the same. (e) If any term, provision, condition or covenant of this Deed or the application thereof to any party or circumstances shall, to any extenc,.be held invalid or unenforceable, the remainder of this Deed or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Deed shall be valid and enforceable to the fullest extent permitted by law. BAD782 ,�76 8/8/848 • • DATED: CITY OF NEWPORT BEACH, a California municipal corporation By By STATE OF CALIFORNIA ) COUNTY OF ORANCE ) as. on , 1984 before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as of the City of Newport Beach, and acknowledged to me that the City of Newport Beach executed it. WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC BAD782 c�)7 8/8/848 wi i LEGAL DESCRiI',ION A PORTION OF BLOCK 57 OF IRVINE'S SUBDIVISION AS SHOWN ON THE MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT COURSE HAVING A BEARING OF S24 °20'09" W AND A DISTANCE OF 83.56 FEET AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED IN BOOK 12289, PACE 1726 OF OFFICIAL RECORDS (THE BEARING OF SAID COURSE FOR THE PURPOSE OF THIS DESCRIPTION SHALL BE S24 °19'59" W); THENCE ALONG SAID COURSE S24 °19'59" W, 83.56; THENCE CONTINUING ALONG THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED S1 °43'12" W, 447.12 FEET; THENCE LEAVING SAID WESTERLY LINE NBB °16'48" W, 105.00 FEET TO THE BEGINNING OF NON - TANGENT CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE HAVING A RADIUS OF 720.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS S4 °09'34" E, THROUGH A CENTRAL ANGLE OF 9 °23'33 ", AN ARC DISTANCE OF 118.03 FEET; THENCE NON - TANGENT N1 °43'12" E, 358.84 FEET; THENCE N88016'48" W, 35.00 FEET; THENCE N1 °43'12" E, 310.00 FEET; THENCE N88 °16'48" W, 25.00 FEET; THENCE N1043'12" E, 260.00 FEET TO THE BEGINNING OF A NON- TANCENT CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE HAVING A RADIUS OF 670.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS N7 °13'05" W, THROUGH A CENTRAL ANGLE OF B °01'05 ", AN ARC DISTANCE OF 93.76 FEET; THENCE S89 °12'00" E, 73.87 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY; THENCE EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 90.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NO °48'00" E, THROUGH A CENTRAL ANGLE OF 44 °24'55 ", AN ARC DISTANCE OF 69.77 FEET TO A POINT OF REVERSE CURVE CONCAVE NORTHERLY, SAID CURVE BEING TANGENT AT ITS NORTHERLY TERMINUS TO THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED; THENCE SOUTHEASTERLY, EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE TO SAID POINT BEARS S45 °12'55" W, THROUGH A CENTRAL ANGLE OF 133 °29'43 ", AN ARC DISTANCE OF 116.50 FEET TO SAID POINT OF TANGENCY AND SAID WESTERLY LINE; THENCE ALONG SAID WESTERLY LINE S1 °43'12" W, 422.96 FEET TO THE POINT OF BEGINNING. CONTAINING 5.67 ACRES, MORE OR LESS. BAD?82 EXHIBIT A 8018 BESEFITIED PROPFRTI' WEST BAY PARE: SITE 0 All that portion of Blocks 4. 5 and 51. Irvine's Subdivision. in the City of Newport Beach, County of Orange. State of Calitornta. as per map filed in Book 1, Page 88, Miscellaneous Maps, records of said Cuunt_v. described as follows: Beginning at the southwesterly terminus of that certain course in the southeasterly right-of-way line of Irvine Avenue shown as North 40 °38'10" East 333.39 feet on Sheet 5 of Countv Surveyor's Map 1 -72 on file in the office of the County Surveyor of said County; thence along said right- of-way line North 40 °38'10" East 303.39 feet; thence South 49 °22'09" East 160.00 feet to the beginning of a tangent curve concave to the north and having a radius of 260.00 feet; thence easterly along said curve through a central angle of 64 °14'30" a distance of 291.52 feet; thence nontangent to said curve South 19 °22'51" West 349.97 feet; thence South 70 °37'09" East 31.97 feet to that certain course having a bearing and length of South 53 °22'27" West 422.40 feet in the northerly boundary of that certain parcel of land described in deed to the State of California recorded in Book 11382, Page 1876 of Official Records of said County; thence along said boundary South 53 °24'17" West 338.26 feet; thence North 36 °35'43" West 95.87 feet to a point on a nontangent 175.00 foot radius curve that is concave to the northeast, a radial to said point bears South 1 °18'21" East; thence northwesterly along said last mentioned curve, through a central angle of 72 °11'59 ", a distance of 220.52 feet to the beginning of a reverse curve concave to the southwest and having a radius of 175.00 feet; thence northwesterly along said last mentioned curve, through a central angle of 44 °45'00 ", a distance of 136.68 feet; - thence North 63 °51'22" West 23.07 feet to a point in the southeasterly right -of -way line of said Irvine Avenue, said point being in a 725.00 foot radius curve concave to the southeast, a radial to said point bears North 63 °51'22" West; thence northeasterly along said last mentioned curve, through a central angle of 14 029'32 ", a distance of 183.38 feet to the point of beginning. E%n1BIT B "%C/ BAU 7 E 2 _ 8 r7 c CF.NERAL ESCROW INSTRUCTIONS 1. Deposit of Funds. All funds received in this escrow shall be held by Escrowholder and shall be disbursed only in accordance with these instructions. 2. Prorations and Adjustments. All prorations and /or adjustments called for in this escrow are to be made on the basis of a thirty (30) day month unless otherwise instructed in writing. The phrase "close of escrow" as used in this escrow means the date on which documents are recorded and the obligations stated herein of Seller and Buyer are satisfied. 3. Recordation of Instruments. Recordation of any instruments delivered through this escrow is authorized if necessary or proper for the issuance of any policy of title insurance called for in this Purchase Agreement and Escrow Instructions. 4. Personal Property Taxes. No examination or insurance as to the amount or payment of personal property taxes is required unless specifically requested. S. Termination of Agency Obligation. If there is no action taken on this escrow within six (6) months after the "time limit date" as set forth in the escrow instructions or written extension thereof, your agency obligation shall terminate at your option and all documents, monies or other items held by you shall be returned to the parties depositing same. In the event of cancellation of this escrow, whether it be at the request of any of the principals or otherwise, the fee and charges due Escrowholder, including expenditures incurred and /or authorized shall be - borne equally by the parties hereto (unless otherwise agreed to specifically). - - EXHIBIT C 30 August 8, 1984 Mr. Robert P. Lenard Advance Planning Administrator Community Development Department CITY OF NEWPORT BEACH 3300 Newport Beach Blvd. Newport Beach, California 92663 ATTACHMENT 10 3 - Economic Analysis CORPORATE OFFICES 3931 -\ki / 1'v.r Rot•i,r ird -102 Newl u.0 bPeU. ('1\ 2: dd1.;In. 2650 RE: Consultation Services for 50 affordable units - North Ford CDBG Dear Mr. Lenard: REGIONAL OFFICE �i nl: ?ISK az 86018 15071 gate -3fi5a In accordance with your request and authorization, Tarantella & Company has prepared an analysis of the City of Newport Beach's involvement in the above cited affordable housing project. Specifically, the analysis includes a rent benefit analysis and a feasibility analysis. The appropriate rental level for housing as determined by H.U.U. standard - lower income and Orange County standards for median income were assumed and compared. Additionally, the appropriate price level has been estimated for the units at the end of the 10 -year period and a determination made as to the "fair return" to the developer was addressed. We thank you for this opportunity to be of service and look forward to your continued patronage in the future. Respectfully submitted, TARANTELLO & COMPANY R. Tarantello, C.R.E. President -70 alf Diana M. Hoard Senior Project Coordinator :ug STATEMENT OF ASSUMPTIONS (1) Project Characteristics: Number of affordable units = 50 Unit Mix 25 one - bedrooms at 700 sq. ft. 25 two - bedrooms at 1,000 sq. ft. (2) Land Ownership: It is assumed that the developer will own the land in fee. (3) Land Cost: Based upon an appraisal of the entire 5.67 acre site of which 2.86 acres will be used for the 50 affordable units. Total appraised value of the land is $2.5 million. That portion allocated to the affordable units is $1,262,626. (4) Construction Period: A one -year construction period has been assumed from commencement of construction to completion of units. (5) Construction Costs: Based upon the construction Cost Estimates of Marshall and Swift Publication Company for similar structures as follows (see Table C): Construction Cost $2,157,013 plus contingency less land and financing The construction costs are assumed to be incurred evenly over the entire construction period. (6) Financing/Prime Bate: The rate charged against the construction loan is 1 percent over prime; prime is assumed to average 13 percent. Long term take- out financing is assumed to be available through revenue sharing bonds at 11 percent, fully amortized over 30 years. - 1 - 0 (7) Repayment of Take-out Loan: Assumed to occur in year 10 when units are sold at market rate. (8) Absorption: All rental units absorbed at completion; all sale units absorbed just prior to end of year 10. (9) Pricing of Units: Pricing was estimated based on average per square foot cost in current dollars, and includes developers profit and overhead at 15 percent. Initial land value estimated at $1,262,626, prior to the City of Newport Beach 1 million buy -down. 1984 average per square foot cost were assumed to be $100.00 for the following values: s ESTIMATE OF MARKET VALUE OF UN]TS Project cost $ 3,250,000 City of Newport Beach Land 1,000,000 Total project cost $ 4,250,000 Average square foot price /1984 = $100.00 Fair Market Value -1984 1- bedroom - 700 sq. ft.$ 70,000 2- bedroom - 1,000 sq. ft.100,000 Fair Market Value -1993 1- bedroom - 700 sq.ft.$103,600 2- bedroom - 1,000 sq. ft.148,024 The value of the units was assumed to increase at a 4 percent rate over the next 10 years. This was based upon data collected by the Real Estate Research Council of Southern California. The annual rate of change in home prices is contain in tabular form within this report. (10) Income Levels: Incomes were determined to increase at a rate of 6 percent per year over the next 10 years. This was based upon data collected from the U.C.L.A. Business Forecast, June 1984, indicating increase as follows- -2 - 3 (11) 0 0 U.S. A.: 1985 -5.5 1986 -6.0 California: 1985 -5.6 1986 -6.0 The Orange County median income used was $37,256. The H.U.D. median income was $33,750. Affordable Rental Rates: Rental Rates were based upon the following formulas: Median Income Rental Rate /One - and Two - Bedroom Units. Orange County median income (as published periodically by the County of Orange) x 30% t 12 ($931 per month as of August, 1984). Lower Income Rental Rate /One - Bedroom Unit. H.U.D. Anaheim/Santa Ana P.M.S.A. Orange County "lower income" standard for family of two (as updated annually) x 30% t 12 as a monthly rent maximum ($540 per month s of May 1984). Lower Income Rental Rate /Two - Bedroom. H.U.D. Anaheim/Santa Ana P.M.S.A. Orange County 'lower income" standard for a familv of four (as updated annually) x 30% t 12 as a monthly rent maximum ($675 per month as of May 1984). (12) Estimate of Expenses and Vacancy: Expenses were estimated based upon data provided by the Institute of Real Estate Management of the National Association of Realtors. 1983 costs for low rise units of 25 or more in Orange County were as follows: Median $1.89 OPERATING EXPENSE Dollars Per Square Foot, Per Annum Low $1.69 High $2.32 For purposes of this analysis $2.40 was used. This figure allows for the higher operating cost of Newport Beach and for time adjustment to 1984. Cost were calculated to rise at the same rate as income - 6 percent. -3- y 0 0 The superior location of the project and projected rental rates lead to the conclusion that the project would not have a vacancy factor as a defacto subsidized rental unit. (13) Residual Value: The residual value of the project at the end of the 10th year is based upon an annual 4.0 percent escalation factor less the following cost: Full Sales Prices $ 6,290,000 Less: Selling Costs at 3% of future sale price (188,700) Net Sales Price $ 6,101,300 Less: Loan Balance at end of year 10 (2,248,900) Pre -tax Net Equity $ 3,852,400 (14) City of Newport Beach Involvement: It is assumed that the City will provide the developer with $1.0 million dollars to buydown the price of the land. In exchange, the developer agrees to provide 50 units for rent, for 10 years, under H.U.D.'s standards for lower income housing as oppose to Orange County median income standards. -4- u c° 6 YC O m C Y Y C am t TABLE B CITY OF NEWPORT Rent Benefit Analysis 0 AVERAGE ANNUAL BENEFIT ON ORIGINAL INVESTMENT Internal rate of return: 19.63% 1) Based upon the net difference in rent, Orange County Standards vs. N.U.D. Standards, Table A. 7 Annual Year Cash Outlay Rent Benefit' -0- ($1,000,000) -0- 1 194,100 2 205,800 3 218,700 4 231,300 5 245,400 6 259,800 7 275,400 8 291,900 9 309,300 10 328,800 AVERAGE ANNUAL BENEFIT ON ORIGINAL INVESTMENT Internal rate of return: 19.63% 1) Based upon the net difference in rent, Orange County Standards vs. N.U.D. Standards, Table A. 7 LI TABLE C ESTIMATE OF INVESTMENT COST Land (2.86 ac.) $ 1,262,626 Less: City's buy -down 1, 000, On $ 262,626 Construction cost less land and financing 1,960,921 Contingency at 10% 196,092 $ 2,419,639 Construction financing (1% over prime) 336,749 Total construction cost $ 2,758,368 Overhead and profit (15 %) 491,612 Total cost f 3,250,C00 Amount financed _ 75% of project cost 2,437,500 (revenue bonds at 11 %11 Developer Equity $ 812,500 i 0 ,o j 4 N 4 Y� j W t „t W 9 0 0 al M °I n 2 ~ N � O G u C h ' r � m N m m m TABLE E FEASIBILITY ANALYSIS Developer Internal rate of return: 19.6% 1) Reference Table C 21 Includes Pre -Tax Net Equity of $3,852,400, Assumption f13 /0 Initial Project Year Est. Equity Cash Flow -0- ($812,50G)l -0- 1 (16,055) 2 (275.) 3 16,338 4 34,061 5 52,872 6 72,746 7 93,956 8 116,175 9 139,973 10 4,017,1182 Internal rate of return: 19.6% 1) Reference Table C 21 Includes Pre -Tax Net Equity of $3,852,400, Assumption f13 /0 TABLE F ANNUAL RATE OF CHANGE IN HOME PRICES By Six Month Periods SOUTHERN 8 BEACH AREAS OF ORANGE COUNTY October 178 - April '79 13% April 179 - October '79 13% October 179 - April '80 13% April 180 - October 180 20% October 180 - April 181 16% April 181 - October 181 2% October 181 - April 082 3.7% April 182 - October 182 1.8% October 082 - April 183 0.4% April 183 - October 183 -3.6% October 183 - April '84 1.06% Source: Real Estate Research Council of Southern California SUMMARY AND CONCLUSIONS As evidenced by the preceeding analysis and as summarized below, the estimated rate of return to the City of Newport Beach and to the Developer is virtually the same. From this it is concluded that both parties are receiving a fair return on their investment without compromising the investment of the other party. In other words, both parties are sharing proportinally in the cost and benefit of the project undertaken. ESTIMATED RATE OF RETURN Using ILU.D. Standards for Lower Income City of Newport Beach Developer 19.63 19.60 It should be noted that these rates of return reflect point estimates based upon a series of assumptions detailed earlier in this report. The actual rate of return achieved by the North Ford CDBG development will depend upon to what degree variances from these assumptions are experienced and in what direction (i.e., positive or negative) they occur. It is the opinion of Tarantello be Company that if variances do occur, they are more likely to occur in a negative direction resulting in a reduction of the rate of return. The more significant factors which could cause such a result are as follows: (1) a more lengthly absorption period; (2) an increase in construction costs; and (3) a reduction in achievable sale prices. There are several more downside risks than upside potential. For example, it is far more probable that in the midst of an economic recovery period that interest rates, labor costs and construction materials are all likely to rise in price; thereby, further reducing potential profit. Yet at the same time, recently ruing interest rates have substantially slowed housing sales (with a predictable increase in absorption period for - 11 - 11 new construction), and substantially suppressed real estate appreciation rates to below current estimated cost of living price levels. Any anticipated iccrease in potential sales prices is extremely unlikely. The analysis of the benefit to the City of this project utilized the rent differencial between the achievable rents - Orange County standard for median income vs. H.U.D. standards for lower income, as a positive benefit and hence return to the City on its investment. This analysis, which concludes a fair and reasonable return for both parties would change if the price of the land were to be altered. Based upon this, the implied value of that portion of the site located to the affordable project of $262,626. Where the City not to be involved in this project and therefore not buy down the cost of the land, the rate of return to the developer would drop below an acceptable level. Similarly, the rate of return to the City would increase to a point where they receive a benefit at the financial disadvantage of the developer. Under this scenario, a mutually beneficial partnership is not achieved and the likelyhood of the project is lessened. - 12 - 13 TARANnuo&COMtoY August 8, 1984 Mr. Robert P. Lenard Advance Planning Administrator Community Development Department. CITY OF NEWPORT BEACH 3300 Newport Beach Blvd. Newport Beach, California 92663 0 CORPORATE Ors 1CiLS Nnwlu iii H, RE: Conwltattan Services for SO affordable units - North Ford CDBG Additional scenario Dear Mr. Lenard: REGh)NAI. Cr FIC,P ! : "flt _0..a... In accordance with your request and authorization, Tarantello & Company has prepared an additional analysis of the above cited project without the City's bury -down of the land. As you can see, this scenario substantially reduces the "fair return" to the developer. In our opinion, the reduction would make the project question- able from the developer point of view. We thank you for this opportunity to be of service and look forward to your continued patronage in the future. Respectfully submitted, TARANTELLO & COMPANY , R. Tarantella, C.R.E. President 4 n Diana M. Hoard Senior Project Coordinator UN WIVA REVISED ASSUMPTION # 13 Full Sales Prices Less: Selling Costs at 3% of future sale price Net Sales Price Less: Loan Balance at end of year 10 Pre -tax Net Equity -1- 1-3-6 $ 6,290,000 (188,700) $ 6,101,300 (3,102,199) $ 2,999,101 ESTIMATE OF INVESTMENT COST Land (2.86 ac.) $ 1,262,626 Construction cost less land and financing 1,960,921 Contingency at 10% 196,092 $ 3,419,639 Construction financing (1% over prime) 478,749 Total construction cost $ 3,898,388 Overhea, and profit (15 %) 584,758 Total cost $ 4,483,146 Amount financed - 75% of project cost 3,362,360 (revenue bonds at 11 %) Developer Equity $ 1,120,786 1 3 -C_ i 0 0 a 0 5 N Y � W t H W i3 -D ! • W O m C P N 4 L I Y O p O r 0 H H 6 r , m N D q m m 0 13-F • Year - G- 1 2 3 4 5 6 7 6 9 10 0 TABLE E -1 FEASIBILITY ANALYSIS Developer In;tlal Est. Equity ($1,120,786)1 Internal rate of return: 7.341 Project Cash Flow -0- (121,746) (105,966) (89,353) (71,630) (52, 819) (32,945) (11,735) (10,484) 34,282 3,058,1282 1) Reference Table C 2) Includes Pre -Tax Net Equity of $2,999,101, Assumption !13 �;����- � �z�- ����� �' �� :- L���o %����� ilia c�,�'_ r� ::�.t�L, . �� 9,�br, b� �i -i �-