HomeMy Public PortalAbout2008-03-04LRA . oF LyN • � �. .
��.��� � LYNWOOD REDEVELOP�ENT AGENCY
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�����P 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262-3845 (310) 603-0220
�LIFOR��
Maria T. Santillan, Chair
Aide Castro, Vice Chair
Alfredo Flores, Member
' Jim Morton, Membe�
Ramon Rodriguez, Member
This Agenda contains a brief general description of each item to be considered. Copies of the Staff
�eports or other written documentation relating to each item of business referred to on the Agenda are on
file in the Office of the City Clerk and are avai/ab/e for public inspection. A person who has a question
concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200.
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A G E N D A �� �i�° ���--��'
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LYNWOOD REDEVELOPMENTAGENCY ��T
CITYCI FRvc neeiCE
_ MARCH 4, 2008
REGULAR MEETING FEB 2$ 20(�
5:00 P.M. $���1Q�lr�l2jlj���I .
LYNWOOD CITY HALL, 11330 BULLIS ROAD� G�,-���,/�.�,�
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MARIA T. SANTILLAN ' i` `—��-� °
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CHAIR
AIDE CASTRO ALFREDO FLORES
VICE CHAIR MEMBER
JIM MORTON RAMON RODRIGUEZ
MEMBER ` MEMBER
EXECUTIVE DIRECTOR
ROGER L. HALEY
AGENCY COUNSEL
FRED GALANTE
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OPENING CEREMONIES
A. Call Meeting to Order
B: Roil Call (FLORES-MORTON-RODRIGUEZ-CASTRO-SANTILLAN)
C. Certificafion of Agenda Posting by Secretary
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
PUBLIC ORAL COMMUNICATIONS
NEW/OLD BUSINESS
, 1. AUTHORIZATION TO APPROVE AN AGREEMENT WITH BUXTON TO
PROVIDE COMMUNITY ID PROGRAM ,,,,.
Comments
Staff has reserved a booth at the International Council of Shopping Centers
QCSC) Conference in May. The purpose is to market the City and the Agency to
potential retailers and developers. Buxton provides strategic decision-making
information for retail site selection and targe4ed marketing to major retailers,
cities, economic development groups and healthcare organizations throughout .
the United States. Buxton uses demographics, psychographics, drive-time
. analysis and lifestyle characteristics to provide strategic decision-making
information to any enterprise serving customers. To have substantive
discussions with retailers and developers, staff believes that a market study
would assist in the Agency's marketing effort not just at ICSC but as part of the
Agency's marketing campaign.
Recommendation
Staff recommends that the Agency receive a presentation from Buxton on the
Community ID program and adopt the attached Resolution entitled: "A
RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF THE
CITY OF LYNWOOD APPROVING AN AGREEMENT WI7H BUXTON; FINDING
THAT SUCH ACQUISITION OF SERVICES IS MORE ECONOMICALLY AND
EFFICIENTLY EFFECTED THROUGH THE USE OF AN ALTERNATE
PROCEDURE AUTHORIZED BY THE LYNWOOD MUNICIPAL CODE AND
AUTHORIZING THE APPROPRIATION OF FUNDS TO PAY FOR SAID
SERVICES".
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2. "A BRUSH WITH KINDNESS° PROGRAM
Comments
On October 1, 2007, Habitat for Humanity of Greater Los Angeles presented the
Redevelopment Agency with an opportunity to participate in a home
improvement program for low-income homeowners in the City of Lynwood called
"A.Brush with Kindness". Through "A Brush with Kindness" program, qualified
homeowners receive a.variety of exterior home repair services performed by
skilled volunteers and led by Habitat for Humanity staff. The proposed pilot
program anticipates rehabilitating the exterior of ten homes and creating a
partnership with the White Picket Fence program for low and moderate income .
families residing along the selected corridors of the City: In addition, the .
programs would require the use of Agency 20 Percent Low and Moderate
Income Housing Funds and Lynwood Redevelopment Agency unappropriated
funds outside of the Redevelopment Project Area.
Recommendation
Staff recommends that the Agency to approve an Agreement with Habitat for
Humanity Greater of Los Angeles to implement "A Brush with Kindness° Pilot "''
Program and adopt the attached resolutions entitled:
"A RESOLUTION OF THE LYNWOOD REDEVE�OPMENT AGENCY OF
LYNWOOD, CALIFORNIA APPROVING "A BRUSH WITH KINDNESS" PILOT
PROGRAM AND AUTHORIZING THE CHAIR TO EXECUTE AN AGREEMENT
WITH HABITAT FOR HUMANITY OF GREATER LOS ANGELES TO
IMPLEMENT THE PROGRAM° and "A RESOLUTION OF THE LYNWOOD
REDEVELOPMENT AGENCY OF LYNWOOD, CALIFORNIA AUTHOR�ZING
THE USE OF LOW AND MODERATE WCOME HOUSING FUNDS FOR HOME
IMPROVEMENT PROGRAMS OUTSIDE OF THE REDEVELOPMENT
PROJECT AREA "A" AND ALAMEDA PROJECT AREA".
CONSENT CALENDAR .
All matters listed under the Consent Calendar will be acted upon by one motion
affirming the action recommended on the agenda. There will be no separate discussion
on these items prior to voting unless members of the Agency or staff request specific
items are removed from the consent calendar for separate action.
3. MINUTES OF PREVIOUS MEETINGS
� Regular Meeting of February 5, 2008
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4. RESOLUTION OF THE LYNiNOOD REDEVELOPMENT AGENCY OF
LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS
AND WARRANTS.
5. CONSIDERATION OF AN AMENDMENT TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT BENVEEN THE LYNWOOD
REDEVELOPMENT AGENCY AND JAIME GUTIERREZ
Comments
On December 7, 2004, the Agency approved a Disposition and Development.
• Agreement ("DDA") between the Agency and' Jaime Gutie�rez for the Northeast
Corner of Fernwood Avenue and Atlantic Avenue. The DDA calis for the sale of
5,130 square feet of unimproved property by the Agency to Jaime Gutierrez
("Developer") at, a price of $97,000 to develop a commercial building with
requisite parking and landscaping for the relocation of his existing appliance sale
and repair business to the site.
The purpose of this item is to provide the Agency with a status report and to �
receive direction from the Agency to bring back amendments to the DDA to
reflect an adjustment to the Schedule of PerFormance.
Recommendation
Staff recommends that the Agency directs staff to bring back a proposed
amended Disposition and Development Agreement ("DDA") between the Agency
and Jaime Gutierrez for Agency discussion and approvaL
CLOSED SESSION
6. WITH RESPECT TO EVERY ITEM OF BUSINESS TO BE DISCUSSED W
CLOSED SESSION PURSUANT TO SECTION 54956.8
Property: Fernwood Estates
Said Real Property is located in the City of Lynwood along the
southerly portion of Fernwood Avenue generally between Bullis
Road and Atlantic Avenue; Parcel #DD583-55-01-01, DD583-
02-01 and DD584-63-01-01
Agency negotiator. Emie Nishii, Housing Manager, Lorry Hempe, Assistant City
Manager; Fred Galanfe and/or designee, Agency Counsel;
Roger Haley, Executive Director,
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Negotiating Parties: Hermilio Franco
Under Negotiation: Price and terms
7. WITH RESPECT TO EVERY ITEM OF BUSINESS TO BE DISCUSSED IN
C�OSED SESSION PURSUANT TO SECTION 54956.8
Property: 4237 Imperial Highway
6169-023-024 (APN)
Agency Negotiator: Ernie Nishii, Housing Manager; Lorry Hempe, Assistant City
Manager; Fred Galante and/or his designee, Agency Counsel;
Roger Haley, Executive Director; Robert Yasquez, and/or his
designee
Negotiating Parties: Daniel Chavez, Owner or Assignee
(Habitat for Humanity)
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Under Negotiation: Price and terms
8. WITH RESPECT TO EVERY ITEM OF BUSINESS TO BE DISCUSSED IN
CLOSED SESSION PURSUANT TO SECTION 54956.8
Property: Atlantic Ave./Carlin Ave. Housing Development Project-Real property on
the northwest corner of Atlantic Avenue and Carlin Avenue and identified
by Assessor's Parcel Numbers below:
APNs
6186-011-083
6186-012-005
6186-012-023
� 6186-012-024
6186-012-027
6186-012-032
6186-012-033
6186-012-034.
6186-012-037
6186-012-038
6186-012-006
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Agency Negotiator: Olivia Segura, Deputy Director of Redevelopment; Lorry
Hempe, Assistant City Manager, Fred Galante and/or his
designee, Agency Counsel; Roger Haley, Executive Director;
Tim Mulrenan and/or his designee, Tierra West
Negotiating Parties: Abel Helou -
Under Negotiation: Price and terms
ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE HELD ON MARCH 18, 2008 AT 5:00
P.M. �N THE COUNCIL CHAMBERS OF CiTY HALL, 11330 BULLIS ROAD,
LYNWOOD, CAUFORNIA
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AGENDA REPORT
DATE: March 4, 2008
TO: Honorable Chair and Members of the A en
APPROVED BY: Roger L. Haley, Executive Directc�r����9��
PREPARED BY: Lorry Hempe, Assistant City Manager�r-cY✓
SUBJECT: AUTHORIZATION TO APPROVE AN AGREEMENT WITH
BUXTON TO PROVIDE COMMUNITY ID PROGRAM
Recommendation:
Staff recommends that the Agency receive a presentation from Buxton on the
Community ID program and adopt the attached Resolution entitled: "A RESOLUTION
OF THE LYNWOOD REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD
APPROVING AN AGREEMENT WITH BUXTON; FINDING THAT SUCH ACQUISITION �``
OF SERVICES IS MORE ECONOMICALLY AND EFFICIENTLY EFFECTED
THROUGH THE USE OF AN ALTERNATE PROCEDURE AUTHORIZED BY THE
LYNWOOD MUNICIPAL CODE AND AUTHORIZING THE APPROPRIATION OF
FUNDS TO PAY FOR SAID SERVICES".
Background:
Staff has reserved a booth at the International Council of Shopping Centers (ICSC)
Conference in May. The purpose is to market the City and the Agency to potential
retailers and developers. This is in line with the goal of the Agency to alleviate physical
and economic blight within Project Area A and the Alameda Project Area. The Third
Five Year Redevelopment and Housing Implementation Pian identifies, as part of the
overall strategy to meet the goals of the Agency, conducting pro-active planning studies
that will enhance the project Area and identifying potential economic developrnent
projects.
Discussion & Analysis
Staff has received proposals from Developers to develop in Lynwood. Staff is in the
process of conducting due diligence work in assessing the feasibiliry of developrrients in
certain key areas in Project Area A and Alameda Project Area to assist the Agency in its
negotiation. To provide transparency and competition in the process, staff has informed
Developers that the Agency has reserved a booth at the ICSC conference to attract
retailers and developers to invest in the Lynwood community. In addition, there are
commercial development projects that are in the pipeline where the Agency could assist
Developers in attracting nationally known tenants that are a good fit to the community
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and/or generate the needed sales tax. To have substantive discussions with retailers
and developers, staff believes that a markeT study would assist in the Agency's
marketing effort not just at ICSC but as part of the Agency's marketing campaign.
Staff has determined that the methodology used by Buxton to look at areas in terms of
trade areas, using the language of retailers to identify markets, and identifying
customers spending habits to provide the right match between retailers and customers .
provides the Agency with a valid study to attract the right retailers that would succeed in
our City. Entering into an agreement with Buxton would provide the needed market
study for use at the ICSC conference in a timely manner.
Buxton provides strategic decision-making information for retail site selection and
targeted marketing to major retailers, cities, economic development groups and
healthcare organizations throughout the United States. Buxton uses demographics,
psychographics, drive-time analysis and lifestyles characteristics to proVide strategic
decision-making information to any enterprise serving customer.
Completing this project prior to the Agency's attendance at ICSC would differentiate the
Agency from other agencies by providing us an additional tool to bring in the nationally
known retailers to our City. In order to meet these time constraints, staff is.requesting a
waiver of the formai RFP process.
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Fiscal lmpact:
The cost to provide a study for two (2) trade areas in the City is $60,000. A trade area is
an area which wiil be defined by the study that defines how far a consumer is willing to
travel to access a particular retailer. This is an unbudgeted item. Staff requests that the
Agency appropriate funds from the unappropriated Agency fund balance to retain
Buxton and provide the Community ID program.
Coordinated With:
Agency Counsel
City Manager's Office
Finance Department
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RESOLUTION NO.
A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF THE CITY OF
LYNWOOD APPROVING AN AGREEMENT WITH BUXTON; FINDING THAT SUCH
ACQUISITION OF SERVICES IS MORE ECONOMICALLY AND EFFECIENTLY
EFFECTED THROUGH THE USE OF AN ALTERNATE PROCEDURE AUTHORIZED
BY THE LYNWOOD MUNICIPAL CODE AND AUTHORIZING THE APPROPRIATION
OF FUNDS TO PAY FOR SAID SERVICES
WHEREAS, staff has reserved a booth at the International Council of Shopping
Centers (ICSC) Conference in May and entering into an agreement with_ Buxton would
provide the needed market study for use at the ICSC conference in a timely manner; ..
and
WHEREAS, the purpose of attending the ICSC is to market the City and the
Agency to.potential retailers and developers; and
WHEREAS, this is in line with the goal of the Agency to alleviate physical and
economic blight within Project Area A and the Alameda Project Area; and "`
WHEREAS, the Third Five Year Redevelopment and Housing Implementation
Plan identifies, as part of the overall strategy to meet the goals of the Agency,
conducting pro-active planning studies that will enhance the project Area and identifying
potential economic development projects; and
WHEREAS, to have substantive discussions with retailers and developers, staff
believes that a market study would assist in the Agency's marketing effort not just at
ICSC but as part of the Agency's marketing campaign; and
WHEREAS, Buxton provides strategic decision-making information for retail site
selection and targeted marketing to major retailers, cities, economic development
groups and healthcare organizations throughout the United States. Buxton uses
demographics, psychographics, drive-time analysis and lifestyle characteristics to
provide strategic decision-making information to any enterprise serving customer; and
WHEREAS, staff has determined that the methodoiogy used by Buxton to look at
areas, using the language of retailers to identify markets, and identifying customers
spending habits to provide the right match between retailers and customers provides
the Agency with a valid study to attract the right retailers that would succeed in our City;
and
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WHEREAS, the services offered by Buxton exceed the purchasing authority
limits of the City Manager; and
WHEREAS, pursuant to the Lynwood Municipal Code the Agency may utilize an
alternate procedure to authorize the procurement of services as long as a 4/5"' vote is
received in favor of said alternate procedure; and
WHEREAS, it would be advantageous to use the study results in time for the
ICSC conference in May.
NOW THEREFORE, the Lynwood Redevelopment Agency of the City of
Lynwood does hereby find, order, and resolve as follows:
Section 1: That the Agency approves the selection of Buxton to provide the
Community ID program and authorizes the Chair to execute an Agreement, in a form
approved by Agency Counsel, between the Agency and Buxton.
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Section 2: That the Chair shall have the authority to enter into a contract with
Buxton to provide the Community ID program in an amount not to exceed $60,000.
Section 3: That the Agency finds that such an acquisition of consulting services
may be more economically and efficiently effected through the use of an alternate
procedure, and such policy direction requires a 4/5` vote of the Agency Members and
the Agency approves tfie exercise of an exemption under Lynwood Municipal Code
Section 6-3.13, based on the above recitals.
Section 4: That the Agency approves the appropriation from the unappropriated
Project Area A and Alameda Project Redevelopment funds and evenly distributed to the
following accounts: 9412.70.801.62045 and 9652.70.801.62045.
Section 5: This resolution shall take effect immediately upon its adoption.
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PASSED, APPROVED and ADOPTED this 4"' day of March 2008.
MARIA SANTILLAN, CHAIR
ATTEST:
MARIA QUINONEZ, ROGER L. HALEY,
SECRETARY EXECUTIVE DIRECTOR
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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FRED GALANTE, LORRY HEMPE,
AGENCY COUNSEL ASSISTANT CITY MANAGER
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� Communit ID�
y
Proposal to Develop: „
A RETAIL ECONOMIC DEVELOPMENT
STRATEGY
For: .°
- City of Lynwood, CA
From:
Lisa Hill
February 26, 2008
Expiration Date: May 26, 2008
� � CommunitylD°
INDEX
I. SUMMARY
II. INTRODUCTION TO BUXTON
III. NEEDS/CHALLENGES
IV. GOALS/DESIRED RESULTS
V. PROCEDURES/SCOPE OF WORK
VI. PROJECT TEAM
VII. PROJECT REQUIREMENTS
VIII. TIMELINE
IX. FEES FOR SERVICES *-
X. SIGNATURE PAGE
XI. ENDORSEMENTS/REFERENCES
BU`/�011` �
� � CommunitylD°
I. SUMMARY
Communityl0� is a proven retaii development strategy that can be immediately
implemented by Lynwood.
Buxton integrated proprietary technical capabilities with more than 500
cumulative years experience in retaii management and local economic
development to create CommunitylD�. This unique strategy has brought both
innovation arid a discipiined approach to municipal retaii development efforts.
During the 60 business days it takes to compiete CommunitylD�, civic leaders
are actively involved in the process and make important decisions that guide the
direction and results. The four main phases of the process are:
Researching and Verifying Lynwood's Retail Trade Area
This phase starts with the in-depth collection of the same location variabies that
Buxton uses to qualify locations for retail clients. Because of Buxton's unique
capabilities, we can translate this retail-specific information into market
intelligence that community leaders need to attract a�d grow their retail sectors.
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Evaluating Lynwood's Retail Potential
The evaluation phase will clarify what makes Lynwood distinctive and valuable
from a retailer's viewpoint. Through daily invoivement in retail location analysis,
Buxton has acquired the unmatched abiliiy to evaluate a community's retail
potential.
Matching Retailers and Restaurants to Lynwood's Market Potential
The consumer profile of Lynwood's trade area will be matched against the '
customer profiles of over 5,000 retailers and restaurants in Buxton's proprietary
database. Ttie final match list is developed with the input of community leaders
so that it reflects the needs and desires of the residents.
Delivering Lynwood's Marketing Packages
Individual marketing (pursuit) packages for each retailer match are delivered in
both hard copy and in SCOUT�. Our exclusive online marketing system,
SCOUT� helps you to showcase your city in the best light. It gives you the ability
to create presentations and quality documents and to share information in the
match reports.
With CommunitylD�, Lynwood can unleash its full retail potential, seize new retaii
opportunities and expand existing businesses.
BUXCOIl° Z.
� �� CommunitylD°
II. INTRODUCTION TO BUXTON
Since our founding in 1994, Buxton has been a leading force in retail location and
development. We are recognized for creating solutions that provide results.
Buxton began as a service to help retailers make informed site selection
decisions by understanding their customers and precisely determining their
markets. Buxton feaders soon realized that the company's expertise in retail
location and market analysis could also be leveraged to benefit communities
desiring retail expansion. Please note that in this proposal the term "retail" is
inclusive of aii retail concepts.
Community/D�
Designed specificaliy for use in community economic development programs,
Buxton's CommunitylD� process has assisted more than 350 public sector
clients nationwide, resulting in the development of more than 15 million square
feet of retail space. We integrate our impressive technical capabilities with more
than 500 cumulative years of retail management and local economic
development experience to help municipalities achieve their retail goals.
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More than simply providing data, Community/D� supplies custom marketing
materials and strategies targeting the unique location requirements of retailers,
developers and commercial real estate brokers. Community/D� clients achieve
outstanding success using our tools for retail identification, selection and
recruitment. And our clients benefit from our unique understanding of retail site
selection from, the retailer's point of view. The combination of technical expertise
and professional guidance gives municipalities the capacity to immediately
implement an effective retail development program.
Benefits of Community/D�
With CommunitylD�you have immediate access to:
� • Retail Industry Expertise. Gain a competitive position by working with
professionals who have years of retail management experience plus
current insights into your community and site selection processes and
trends.
• Community Development Best Practices. Expand and sharpen your .
retail development focus by incorporating best practices discovered by
Buxton through daily work•with municipalities across the nation.
• Proprietary Systems. Gather useful information by having Buxton's
technology specialists analyze your trade area accessing data stored on
Buxton's in-house databases.
Bu��on� 3
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• Personalized Content. Advance your retail recruitment program by
receiving personai guidance from our staff and ongoing insight into key
industry topics via our monthly e-newsletter, webcasts and other
interactive tools.
• Long-Term Partnership. As a Buxton client and partner you have
unlimited access to our staff to help optimize your marketing efforts at the
Intemationai Council of Shopping Centers (ICSC) annual meeting in Las
Vegas, NV.
• Marketing Data and Tools. Enhance your marketing messages and
presentations by using SCOUT�, Buxton's online trade area database
and marketing tool, available to you for one year after project delivery.
• Add-On Research. Keep your Community/D� updated and focused by
getting special rates on additional research, including retail marketing
packages and refreshes of basic information.
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Bu�on 4
� � CommunitylD
III. NEEDS/CHALLENGES
Lynwood wants to understand and then capitalize on the retail development
opportunities.
As communities increasingly compete for retail dollars, attracting the attention of
retailers has become more challenging than ever. Marketing your community
plays a dominant role in today's competitive economy. The challenge for the
community is to attract retailers and developers by providing trade area
information that is complete, accurate and up-to-date.
Using our proprietary methodologies, Buxton will collect and analyze your
' community's trade area information and give it to you in a format that is easy-to-
use and appealing to real estate executives and developers. The best
information, however, is useless without a pian for using it. Much more than data
collection, CommunitylD� is an execution strategy that can help you build or
revitalize your existing marketing and economic development program.
With Community/D�, you will be prepared to:
• Achieve your retail potential by estabiishing a long-term partnership with
Buxton �'
• Integrate retail development into your economic development program
• �ncrease your success by preparing Lynwood to meet the needs of
retailers
• Effectively position your community by leveraging your locations'
strengths and minimizing weaknesses
• Convey Lynwood's advantages over competitors' advantages
• Estabiish credibility with retail decision makers
• Maximize time and resources by not pursuing unqualified prospects
• Win the confidence and trust of prospects by understanding their priorities
• Use competitive analysis to ciose the sale
BU�QIl 5
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IV. GOALS AND DESIRED RESULTS
The primary goal of CommunitylD� is to prepare Lynwood to successfuliy expand
its retail sector.
CommunitylD� serves as the framework for developing a sustainable marketing
' program that not only achieves short-term goals but also endures to ensure the
economic viability of the retail sector over the long-term. Such a marketing �
program will bring the following desired results:
• Residents' desires to shop and dine at home will be fulfilled
" • Retail leakage wil� be minimized
• Tax revenues (property and sale/use taxes) will increase
• Employment opportunities will grow
• Lynwood's ability to capture other economic opportunities wili be
enhanced
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- BU�COIl" �
` CommunitylD�
V. PROCEDURES/SCOPE OF WORK
Once you have engaged Buxton to work with you in developing CommunitylD, a
project team wiil be assigned to guide you through the entire process—from
initial data collection to final presentation of the results. This team consists of:
• Client services manager, who will serve as your primary source of
communication during the project
• Geographic information System specialist, who will analyze your trade
areas and creaie customized maps and reports
• Professionals with backgrounds as retaif executives and economic
development practitioners, who will address your unique chalienges and
help maximize Lynwood's retail opportunities
Staff Visits
During visits to the community, Buxton's staff is able to make clear and candid
: assessments of the community's strengths, weaknesses and potential by using .
the same analytical programs and location matrixes that are used to qualify
communities and sites for our retaii clients. Our daily involvement with over 1, 700
retail and restaurant dients in finding optimal locations keeps us cu�rent on retail �
location trends. This provides a rational and analytical basis for helping Lynwood
decide how to best focus resources on the most promising retail opportunities.
Data Collection
.- Buxton uses over 250 consumer and business databases that are updated
throughout the year, and in some cases, every month. Although it is possible to
obtain these databases for less expense on a community or regional basis,
Buxton buys and is licensed to use the complete U.S. datasets. With this
information Buxton will compare �ynwood's potential location to the universe of
all retaii locakions operating in the U.S.
The foliowing are some of the more weli-known sources used in our studies, but
there are dozens more that we.employ to provide additional insight:
' . • Mediamark
• Acxiom
• InfoUSA
• Claritas
• Nationai Research Bureau
• Navteq Geographic Data
• Dunn & Bradstreet Business Data
BU�OIT 7.
� � CornmunitylD
Identify Market Influencers
All communities have special and often unique features that impact the local
retail market and have to be taken into consideration to fully understand the
market potential of the community. Such influencers include larger ethnic
populations, significant new or expanded developments, military bases,
universities and colleges, destination tourist attractions, prisons, medical facilities
or major employers.
After identifying these market influencers in your community, Buxton will quantify
and qualify their influence on the retail market and help to match retailers tfiat
_ can capitalize o� these customer bases.
.. You wili benefit from the project team's expertise and insight in these four areas:
1.. Researching and verifying Lynwood's retail trade area
2. Evaluating Lynwood's retail potential
3. Matching retailers and restaurants to Lynwood's market potential
4. Delivering Lynwood's marketing packages
These four major components comprise the Community/D� process. Each
component is explained in detail as.follows: �
1. Researching and Verifying Lynwood's Retail Trade Area
The location decision process for all retailers begins with the collection, analysis
and evaluation of numerous location variables such as demand density,
customer buying habits, economic trends, competition, tra�c volumes, and
available sites, to name a few.
The CommunitylD� process for Lynwood will also start with the in-depth
collection of data using the same location variables that we use for our retail
dients to qualify sites for the location of their retail stores and restaurants. One
; goal is to define current retail situations in Lynwood, in the trade area and in any
neighboring communities that impact on Lynwood's retail environment The other
goal is to understand the community's expectations and desires. This analysis
includes personal visits to the community, collection of data components
necessary to conduct the analysis and identification of macket influencers.
BU`/CQIl �
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� 2. Evaluating Lynwood's Retail Potentiaf
The purpose of the evaluation phase is to understand what makes Lynwood
distinctive and valuable from a retailer's viewpoint and scrutiny.
' Our evaluations capitalize on Buxton's knowiedge about the retail marketplace
and the location requirements and expectations of retailers. Combining this -
knowledge with our economic development competencies allow us to evaluate
, and cecommend proven community practices. Our evaluations do not rely on
dated government research or national/state statistics, al� of which fail to reflect
local realities. Rather, we imp�ement our real-world experience gained from
working with municipalities that have opened more than 15 million square feet of
� new or expanded retail space. We know how to help Lynwood sharpen your retail
� marketing strategy, aggressively market the city and improve your competitive
performance.
Retail Leakage/Suppiy Analysis
The Retail Leakage/Supply Analysis provides an estimate of retail dollars flowing
in or ouf of the trade area.
The two main components of this analysis are`. 1) current actual sales (supply) by "'
retail store type and products, in dollar amounts, and 2) estimated sales potential
- (demand) for retail store type and products, in dollar amounts.
We first calculate a sales gap index that illustrates your ability to capture your
residents' expenditures. An example of this index is shown in Figure 2.
The sales gap index provides a relative comparison of leakage/surplus and an
estimate of the doliars that are being spent outside the trade area (leakage) and
' the amount of doliars coming in from outside the trade area (surplus).
Figure 2.Example - Sale Gap Index
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Customer Profiling
The Community/D� process will identify and analyze all the households in
' Lynwood's drive-time trade area. Based on more than 4,500 cafegories of
iifestyles, purchase behaviors and media reading and viewing habits
` (psychographics), the households in your trade area are assessed to gain a�
understanding of the types of retailers that would be attracted to your community.
Our in-house databases include both traditional demographic data and the most
current psychographic lifestyle information for over 120 million households in the
United States (as well as up to seven individuals Iiving in each of these
households).
Each household in a trade area falls into one of 66 market segments reflecting
. the buying habits of customers in the household. The blue line in Figure 3
graphicaliy profiles the househoids in a city's trade area. '
Figure 3: Example - Psychographic Profiie
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Retail Site Assessment
Buxton's will analyze up to two (2) distinct retail locations, selected by Lynwood.
�8ased on our collective experience in retail locations, the following factors are
considered°
• Psychographic analysis of households in trade area
� • Demand for retail goods and services
, • Site setting, situation and configuration
• Growth plans and relevant development
• Retail goals of the community
Lynwood to select the retaii site to be used for retail matching.
Buxton will develop a demand density profile of Lynwood's trade area: Demand
' density measures the bottom-line value of the customers in the trade area—who
' they are, how many there are and what they buy. One of the significant
advantages of Buxton is our ability to take the demand density data and to
creatively translate it into a proactive market strategy tailored to take advantage
of Lynwood's strengths and to achieve its retail goals.
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3. Matching Retailers and Restaurants to Lynwood's Market
Potential
• Once the sites for retail matching have been selected and the consumer profiles
'- in Lynwood's trade areas have been determined, the CommunitylD� process will
match these profiles against the customer profiles of 5,000+ retailers in our
proprietary database.
1n Figure 4, the blue line indicates the customer profife of households in a
community's trade area. The red line represents a specific Yetailer's customer
profile. A similarity between the two profiles as shown in Figure 4 analyzed using
' Buxton's proprietary retail matching algorithm concludes that this site is an
opportunity for a specific retailer to open a successfui store.
, This matching results in a list of possible retailers. To develop the preliminary
� retail match list, Buxton analyzes a number of factors about each possible retailer
to qualify it. This analysis is designed to eliminate those retailers that for any
reason would not be a candidate for Lynwood. Considered in this analysis are
such factors as, verification of a retailer currently operating or expanding into
your market, location of operations in similar cities, and competition and
cannibalization from nearby locations. '"`
_ Once this analysis is complete, the preliminary list of retailers will be discussed
, and reviewed with Lynwood. Based on the selections by the sponsor, a final list
of up to ten (10) retailers, per site, will be created for the development of
marketing (pursuit) packages.
Figu�e 4: Example - Trade Area Consumers Matched with Retailer Customer Profile
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4. Qelivering Lynwood's Marketing Packages
Buxton will assemble individualized marketing (pursuit) packages for each
targeted retailer. At Lynwood's request, Buxton will customize each marketing
package for presentation to individual retailers, developers, real estate brokers or .
potential franchisees. Because it is tailored to the specific needs of the target
. audience, each marketing package is ready to use as collateral marketing
materials providing compeliing and precise information that demohstrates
Lynwood's qualifications as a location.
Each marketing package contains:
, 1. Map of the retail site and trade area
2. Map of retailer's potential customers
3. Retailermatch report that compares the site's trade area
' characteristics with the retailer's locations in similar traiie areas
4. Demographic and psychographic profiles of the househoids in the
trade area
5. Contact information for the person at the retailer who has location
decision responsibilities
• Community/0� targets not only specific companies but also the individual in the
company who has the responsibility for location decisions. To provide the best °�' -
possible reception when Lynwood contacts the targeted retailer, Buxton notifies
each company that Lynwood has been qualified by Buxton as a potential viable
location for a store, restaurant or development and should expect to be contacted
� � by a representative of the city.
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Figure 5: Example - Retail Match Report (Retail Match Report summarizes a city's
location advantages for a specific retailer).
� CommunitylD Retailer Match Report
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DELIVERABLES
Community/D� deliverables will be presented to lynwood in two bound hard .
� copies and in SCOUT�, an electronic format (described below).
SCOUT� is an oniine marketing system that will allow you to effectively use
. Community/D� by enabling you to showcase your best retaii site to achieve
maximum results. You can access CommunitylD� reports via SCOUT� to
reproduce maps, site-specific data and generate your own custom marketing
presentations.
With SCOUT� you are directly tied to Lynwood password protected data,
maintained and updated in Buxton's databanks. Using your computer you can
tailor reports and presentations and immediately respond to questions or
� information requests from retailers or developers. SCOUT� allows you to:
• Graphically display and count the households that appeal to specific target
retailers
• Manage all your retail-specific data, from maps to photos to zoning
information, in a central location k
- • Merge your.community's existing marketing materials with CommunitylD�
• Select the information that best makes your case
• Store and retrieve information on retail buildings and sites
• Organize all relevant retail information in a central data center
• Present ail materials electronicaliy to recruit retailers and developers
Deliverables include the foilowing:
' . Drive Time Trade Area Map
" • Retail Site Assessment — indudes Retail Leakage/Suppiy Analysis and
. Customer Profile
• Retail Match List
• Final Report and Marketing (Pursuit) Packages
• An electronic presentation highlighting the CommunitylD� process and
findings will be a part of the deliverables. It is designed for local
presentations to chambers of commerce, civic ciubs and other groups
interested in the retail development of Lynwood.
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VI. PROJECT TEAM
, Team members for your project will include Buxton personnel with strong retail
, and economic development backgrounds as well those from operations: the '
, Territory Business Manager, appropriate Senior Vice President and Client
Services representative.
Lisa Hiil
Territory Business Manager
Community/D Division
° As a Community/D territory business manager, Lisa works with municipalities in
their retail economic development efforts. By understanding what retailers need
to make site selection decisions, Lisa enables community leaders to understand
and "speak retail." Prior to covering California, she focused on communities in °`-
'. Missouri and Kansas. Lisa brings a strong knowledge of the.Community/D retail
economic development strategy and a solid background in client service to his
' position. Lisa received her B.A. degree from Texas Wesleyan University and is a
member of the Internationai Council of Shopping Centers (ICSC).
Amy Wetrel
Senior Vice President,
' Community/D� Division,
Western Region
' Amy b�ings more than 15 years of marketing, retail and business development
experience to her position. Prior to joining Buxton, Amy held positions with the
' Colleyville (Texas) Chamber of Commerce, Baylor Health Care System and
Andersen. Amy has worked with numerous communities to establish or enhance
their retail recruitment strategies and has been a featured presenter at many
organizations, including the Association of Washington Cities, the Urba� Land
, Institute, the Nationai League of Cities, and the League of California Cities. She
, is a member of the Califomia Association of Locaf Economic Developers, the
California Redevelopment Association and the Association of Washington Cities.
Amy holds a bachelor's degree in communications from Baylor University.
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Manager/Senior GIS Analyst
CommunitylD� Division
As senior analyst for the Community/D� division, Philip oversees every aspect.of
CommunitylD� projects in Buxton's GIS department. His duties include
supervising daily operations, working witfi clie�ts, managing projects and serving.
as a liaison between analysts and the sales team. Philip has managed the GiS
function for more than 350 CommunitylD� projects for such clients as San Jose,
CA; Atlanta, GA.; and Birmingham, AL. Working on projects for two divisions in
the company has given Philip a complete understanding of both the retail
industry and municipal needs, adding to his expertise i� community retail .
recruitment. Philip graduated from the University of North Texas with a degree in
Geography:
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Bill R. Shelton, CEcD
Partner
CommunitylD� Division
Bill is a founding partner of Community/D�, Buxton's retail development program
for communities. For more than 20 years, Bill worked for the Fort Worth Chamber �
of Commerce, serving 16 years as its president. He is a Certified Economic
Developer and is past chair of the American Economic Development Council. A
founding member of the Texas Economic Development Council, he has served
as the organization's president. Bill was honored with a lifetime membership to �
the International Economic Development Council. BiIPs professional service also �
includes serving as dean of the Basic Economic Development Course at Texas
A&M University. Bill holds a bachelor's degree in marketing from the University of I
Texas at Austin, and he completed post-graduate studies at Texas A&M
University. �
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��` ";�: Harvey H. Yamagata �
Chief Marketing Officer & President
Community/D� Division
Clients benefit from the expertise Harvey has gained during 35 years in retail,
including leadership roles in brick and mortar, catalog and website retailing. His.
20-year career at Tandy Corporation covered the time when the company grew
from $350 million to $3.5 billion in sales and took him from retailing in Europe to
opening distributors in Asia. He headed the marketing efforts of the RadioShack
Business Products divi'sion at a time when they held the major share in the
burgeoning personal computer market. Harvey received a bachelor's degree
from the University of Wisconsirrand a master of business administration degree
from Texas Christian University.
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VII. PROJECT REQUIREMENTS
To effectively initiate this project, we request that you provide the foliowing:
1. Project Liaison
• Lynwood will designate a project manager who wil� serve as Buxton's
primary contact during the project.
2. Community Information and Reports
• City logo (vector file — request your ad agency and/or printer)
• Addresses and descriptive information for up to three sites that will'be �
evaluated
• Current traffic count data i
• List of planned retail, commercial or mixed use (either proposed or in
development) in the community '
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• List of major, nationai or regional retailers that have closed, left or moved �
from the community F
• General community marketing materials, data and economic reports
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Project Launch '
A conference cali with representatives of Lynwood and the Buxton Project Team
will officially launch the project. The project launch will occur when: I
1. An agreement is executed �
2. The initial payment is received, and �
3. The Community Information and Reports are received i
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VIII. TIMELINE
The following timeline is sequential a�d cumulative. it starts on the day of the
project launch conference call.
Business Days Client Responsibilities Buxton Responsibilities
Start Provide to Buxton all necessary
community information.
Day 1 Participate in the launch call. Participate in the launch call.
Day 6 Trade Area Map ships.
Day 13 Approve Trade Area Map.
Day 18 Retail Site Assessment
ships.
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Approve Retail Site Assessment �
Day 25 and submit selection of site for �
retail matching.
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Day 40 Retail Match List ships. '
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Submit selections of all retail
Day 50 matches to be included in the I
Final Report and Retail Marketing ,
Packages. �
Day 60 Final Report and Retail �
Marketing Packages ship.
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By adhering to this timeline; the Community/D� deliverabies (Retail Match �
Reports — both the hard-copy and SCOUT�, the electronic version) will be sent �
on or 6efore 60-days after the launch date. �
Any missed target dates can delay the final delivery date. If there are extenuating �
circumsta�ces that prevent target dates from being met, a new timeline wili be
developed. �
Delays of more than 45 days in timeline schedule by the community will result in
an administrative fee of five percent (5%) of the contract price to be charged. �
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IX. FEE FOR SERVICES
The Cost of CommunitylD� is $60,000; payable as follows:
1. $30,000 due upon execution of this agreement
2. $20,000 due upo� delivery of retail site assessment
3. $10,000 due upon delivery of retail marketing packages
Hard copies of all Community/D� deliverables including marketing packages will
be provided.
SCOUT� will be delivered for one-year with this agreement and includes the
following:
1. Waived - Monthly maintenance fee of $1;000 per month
2. Waived - Set Up fee of $3,000
3. Two Marketing (Pursuit) Packages at no cost
After the first year SCOUT� will be available for a$1,000 per. month maintenance
fee that is not included in this agreement.
Direct travel costs will be charged for any pre-arranged, mutually agreed upon �., I
travel associated with the project. This does not include travel associated with i
the presentation or negotiation of this agreement. !
For services specifically requested by Lynwood and performed by Buxton outside j
the scope of this agreement, an hourly rate of $200 will apply.
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Additional Research Services (post analvsis) '
Marketing (Pursuit) Packages (Match reports for additional specific retailers) �
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- Includes two bound hard copies and an electronic version $2,000 �
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X. SIGNATURE PAGE
This agreement is between Lynwood and Buxton (the "Parties") for the
performance of services described in this proposal. The Parties agree that an
independent contractor/employer relationship is created as a result of this
agreement. Buxton will not be considered an agent or employee of Lynwood for
any purpose.
The term of this agreement is one (1) year. This agreement may be terminated
by Lynwood at any time upon written notice of thirty (30) days. If this agreement
is terminated, Buxton wiil be paid for services performed up to the date the
written notice is received.
This agreement shall be administered and interpreted under the laws of the State
of Texas. In order to avoid paying State of Texas Sales and Use Tax, Lynwood
may be required to provide Buxton with a certificate indicating it is a non-profit
corporation and not subject to Texas Sales and Use Tax.
Agreed and accepted this day of , 2008.
�
Roger Haley David Glover ��
City Manager Chief Financial Officer '
City of Lynwood Buxton �
11330 Builis Rd 2651 S. Polaris Drive
Lynwood, CA 90262-3665 Fort Worth, TX 76137 . I
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XI.ENDORSEMENTS/REFERENCES
Buxton prides itself on exceptional client service that results in ongoing client
satisfaction. Foilowing are just a few of many endorsements from Community/D�
clients.
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Community/D References
�ity of Alberlville AL ity of Denton TX
►ennifer Palmer Linda Radiff
316 Sand Mountain Drive Easl Director of Economie Development
Albertville, AL 35950 101 S Locust, Suite 500
(256) II78-3827 Oenton, TX 76201
imoorenalmerQcharler.net (940) 34J-8303
Iinda.ralliffOci�vofden�on.com �
Village of Broadview. IL
Henry Vicenik City of D�nc�nville, TX
Village President Earle Jones
2350 South 25'�' Avenue Director of Economic Development
f3roadview, IL 60155-3800 203 E. Wheatland Road
(708) 681-3600 � Duncanville, TX 7513£3 � �
hvicenikQvillageofbroadview.com (972) 7£f0-5093
eionesQci.duncanvillc.tx us
City of Clemson S�
Chip Boyles City nf Edinhur�, TX
� Assistanl City Manager Ramiro Garza � �
1200 - 3 1 iger 131vd. Executive Director
Clemson, SC 29633 - 1566 602 West University Drive, Suite B ,
(864) 653-2030 Edinburg, TX 78539 !
cboylesOcityo(demsvn.org (956) 383-7124 ,
RamiroQedinbureedc.com �
City of Colleyvillc� TX
Scott Welmaker City of Fua�ay-Varin:t, NS i
Director of Economic Development Carla Morgan '
100 Main Street Direclor of Finance
Colleyville, TX 76034 4Q101d Honeycutt Road
(87 7) 503-1060 (uquay Varina, NC 27i26
welmakersQci.colleyville.ix.us (919) 552-7439 �
chmoreanQfupuav-varina ora !
City of Coloni�l Heights VA
Richard Anzolut ity of Garden� � �
City Manager : G. Yvonne Mallory
I'O Box 3401 L=conomic Development Manager �
Colonial Heights, VA 21834 1700 West 162" SVeet �
(804) 520-9265 Gardena, CA 90247-3778 I
citymanaKerQcolonial-heights.com (310) 21 7-9533 �
' ymallorv@ci.eardena.ca.us
C� of Covington, TN '
Mayor David Gordon City of Gary. IN
200 W. Washing[on f3en Clement
Covington, TN 38079 �339 f3roadway !
(901) 476-9G13 2nd Floor
dQOrdon�covinetontn.com Gary, IN 46402 �
ben clement 99@vahoo.com Last Revised 12-17-07 '
� �
('il�pf Hercules, ('A �(y of McKinney, TX
Steve Lawron John Kessel
Director o( Communiry Development Cxecutive Director of Developme�l Services
7 7 1 Civic Drive 222 Norlh Tennessee
Hercules, CA 94547 McKinncy, TX 75070
(510) 799-£3233 (972) 547-7402
slawtonQci.hercules.ca.us jkesselQmckinnevtexas.ora
Cily of Hes eri�, ('A City of Moore OK
Lisa LaMere Deidre Ebrey
15776 Main Street pirector of Econornic Developmenl
Hesperia, CA 92345 307 N. I3roadway
(760) 947-1910 Moore, OK 73760
IlamereQcitvofhesneria.us (405) 793-5224
Diedre ECc)citvofmoore. com
ity of �acks�invillr,�
Gle.nda Washin�lon City of Morganlon N5
5000-3 Norwood Ave. Sharon jablonski
Jacksonville, f-L 32208 Mainstreet Director
(904) 924-1100 I 12 B West Union Streel
�Iendawashin�tonQmviaxchamber.com Morganton, NC 2II655
(t328) 438-5252
L�can County (CO Planning and Zoning _�O downtownmort;anlonC�Jcomqascable.net '�`���
)im Nebletl
Counry I'lanner City of New Braunfels TX
315 Main Street, Suile 2 Mike Meek
Sterling, CO 80751 President
(970) 522-7879 Greater New [3raunfels Chamber of.Commerce
neblettiC�3loaanco.�ov � 390 Sou[h Seguin �
New f3raunfels, TX 78131 �
Cilv of Marion, IN (830) 608-2808
Wayne Seybold meek@nbcharn.or� ;
Mayor '
307 S. 6ranson Slree[ City of Palm Snringg�
i
Marion, IN 46952 John S. Raymoiid, Community & f_D Direclor '
(765) 668-4401 Cathy Van Horn, ED Administrator
wsevbold�marionindiana�is 3200 East Tahquitz Canyon Way ,
Palm Springs, CA 92263-2743
ity of Maryvill�, MO -_ (760) 323-8259
Lee Langerock iohnr@ci.��alm-s�rinas.ca.us i
Maryville Chamber of Commerce cathvv@ci.nalm-snrings ca.us �
423 N. Marke[ ,
Maryville, MO 64468 City of Paramoun(, CA
(660) 582-8643 Joe Perez �
ecodevQasde.net Community Developmenl Director �
16400 Colorado /lvenue
Paramount, CA 90723
(562) 220-2225
inerezQnaramounlcitv.com ;
Last Revised 12-17-07 �
r
�
� �
, Citv of Park Ridee IL City of San Jose, CA
Kim Uhlig San )ose Redevelopment Agency
� � Economic Developrnent Director Anne Stedler �
_ SQS Buder Place Senior Development pfficer
_ Park Ridge, IL 60068 � 200 East Santa Clara Street, 14th floor
(847) 31II-6013 San Jose, CA 95113
kuhligQparkridge.us � (408) 795-i817 � �
� � � � annestedlerQsanioseca.gov �
City ofPerris CA ,
Michael McDermott City of Salem, IL
;' Director, Real Estate and Development Tracey McOanefd
, 101 North "D" Street Cconomic Development Director
Perris, CA 92570 321 W. Main Street
(951) 943-6100 ext 245 Salem, IL 62887
mmcdermott@citvoft�erris.or� (618) 548-7021.
ecodev@salemil.us
Town of Pinetop-Lakeside, AZ
Connie Boggs ity of Selma CA
� Executive Director D. 6. Heusser
1715 West J'ohn L Fish 1 710 Tucker Sireet
Pinetop-I_akeside, AZ �£35929 � � Selma, CA 93662 - �
(92II) 368-4000 (559) 260-4577
mainst@wbertrails.com dhhQcitvofselma.com t
_ Richmond/Wa�e CouMy I V ConveMion City of South ftend W
and Tourism Bureau, IN Bill Schalliol
Mary Walker Economic DevelopmentPlanner
Executive Director 1200 County City Building
570} National Road East South [3end, IN 46601
Richmond; W 47374 (574) 235-5842
(765) 935-86II7 tischalli(a�southbendin.aov
- mwalker@visitrichm�nd.org
City of St Paul, MN '
Citv of Rochelle IL Craig f3lakely
Peggy Friday Strategic Planner '
Commercial/Retail Development Coordinator 25 West Fourth Street
420 N. 6th Street Ciry Hall Annex, 1100 �
, P.O. 8ox A St Paul, MN 55102
Rochelle, IL 61068 (657) 266-6697 ��
(815) 561-2058 CraiQ.l3lakelvQci.stpaul mn.us j
pfriday@rochelle.net
ity of Suis�n,� i
City of San �ose. ( A Suzanne [3ragdon i
' Office of Economic Development City Manager �
Nanci Klein 701 Civic Center Blvd �
Manager of Corporate Outreach Suisun Ciry, CA 945II5
200 East Santa Clara Street, 14th floor (707) 421-7300 �
I
San Jose, CA 95113 sbraQdonCo3suisun.com �
. _ (408) 535-8184 �
' nklein@sanjoseca.QOV ' j
last Revised 12-17-07
�
.: � i
� CiN of'Sumt�, S� � � �
, Ray-Reich
' Downrown Director
� 21 North Main Street �
Sumter, SC 29150 .
(803) 436-2535
rreichQsumter-sccom
Citv of West Plains MO
Kris Norman
Economic Development Director
407 Jefferson Avenue
West Plains, MO 65775
(417) 256-4433
krisC�3woch amber. com
Citv of Yukon OK `
Jim Cros�y
City Manager
500 W. Main Street
Yukon, 01< 730II5
(405) 354-1895 �.,
jcrosby@ci.yukon.ok. us
LastiRevised 12-17-07
�. � �
Additional references who took positions at different cities:
City nf San Jose, CA
Kelly Kline
City of Cupertino, CA '
Redevelopment/[conomic Dev. Manager
� 10300 Torre Avenue
, Cupertino, CA 95014
(408) 777-3200
, kellvk@cupertino.or�;
�.
Last Revised 12-17-07
. � �
I'oqulation 10,000 and below Town of Pinetop-LakPSide, AZ
. Connie f3oggs
City of Andalusia, AL Executive Director
� Richard "Tucson" Roberts 1715 WestJolin L Fish
Economic Developrnent Director Pinetop-I_akeside, AL II5929
505 E. Three Notch Street (928) 3G8-4000
Andalusia, AI_ 36420 mainst@cvbertrails.com .
" (3�34) 222-7040
ccedc@alaweb.com Poqulation 10,000 - 30,000
" City of [3ridge or , TX City of Alberlville AL
, Mr. William Myers )ennifcr Palmer
Director of Economic Development 316 Sand Mountain Drive East
City of Bridgeport Alberiville, AL 35950
1107 8` Street (256) 878-3821
Bridgeport, TX 76426 jmoorepalrner�charter net
(940) 6f33-6633
' City of Clemson, SC
Village of Rroadview �IL Chip Boyles
Henry Vicenik AssisLanC City Manager
Village President 7 200 - 3 Tiger 6lvd.
2350 South 25`�' Avenue Clemson, SC 2y633 - 1566 �`
Broadview, IL 60155-3II00 (864) 653-2030
(708) 687-3600 cboyles�cityofclemson.arg
hvicenikQvilla�eofbroadview.com
_ ity of Colonial He�,Qhta, VA
City of Covington, TN Richard Anzoful:
Mayor David Gordon City Manager
,. 200 W. Washington PO Box 3401
Covington, TN 3F3019 Colonial Heights, VA 23834
� � (901) 476-9613 (804) 520-9265 �
�ordonQcovinaLontn.com ci�vmanakerC�colonial-heiahts.com
Lawrence County, AL City of Fairmont, WV
' Vicki Morese, Jay Rogers
Executive Director City Planner
12001 AL Highway 757 200 Jackson Street
Moulton, AL 35650 Fairmont, WV 26554
(256) 974-1658 (304) 3G6-G211
IccQhiwaav.net cityplanncr@citvoffairmontwv.com
Sealy Economic Development Cornoration, TX City of Fuauay-Varina_ NC
Kim Meloneck Carla Morgan
Economic Development Director Director o( Finance
475 Main 401O1d Honeycutt Road
, Sealy, TX 77474 ' fuquay Varina, NC 27526
� � {979) 885-3511 (919) 552-1439 �
kmeloneck�ci.sealv.tx.us chmorKan@fuqu�-varina.org
Last Revised 12-17-07
� �
City of Herniles,SA ity of Salem. IL
Steve Lawton Tracey McDaneld
Director of Comrnunily Development Fconomic Development Director
11 7 Civic Drive 321 W. Main Street
Hercules, CA 94547 Salem, IL 62881
(510) 7IJ-8233 (61t�) 548-7021
slawton@ci.hercules.ca.us ecodevQsalemil.us
Logan County Planning and Zoninn CO ity of Selm1,�
Jim Neblett D. 13. Heusser
County Planner 1 710 Tucker Street
375 Main Street, Suite 2 Selma, CA 93662
Sterling, CO 80751 (559) 260-4577
(970) 522-7II79 dbhQci[vofsclmacom
neblettiQlo�anco.aov
ity of Suisun �
City of Maryyill�, MO Suzanne f3ragdon
Lee Langerock Ciry Manager.
Nlaryville Charnber of Comnx.rce 701 Civic Center 131vd
423 N. Market Suisun City, CA )4585 I
Maryville, MO 64468 (707) 421-7300 �
(660) SF�2-8643 sbraedonQsuisun.com ¢
ecodevQasde.net �
i
ity nf West Plainc MO ;
Ci�y nf Morganton, N� Kris Norrnan
Sharon )ablonski Economic Developmeiit Diredor �
Mainstreet Director 401 Jefferson Avenue '
1 72 6 West Union Street West Plains, MO 65775
Morganton, NC 28655 (417) 256-4433 '
(828) 43II-5252 krisQwocfiamber com
clowntownmors*anton@comoascable net
City of Yukon, OK �
City of Park Ridee IL )im Crosby �
Kim Uhlig City Manager ;
[conomic Development Directot 500 W. Main Street
505 Butler Place Yukon, OK 73085 '
Park Ridge, IL 60068 (405) 354-1895
(847) 318-6013 jcrosby@ci.yukon.ok.us �
kuhli�Qparkridae.us
Poaulation 30,000 — SOA00 �
Citv of Ro h II I �
. Peggy PriBay City of Duncanvi�, TJ( I
Commercial/Ketail Development Coordinator [arle )ones �
420 N. 6th Street Director o( [conomic Development �
P.O. Box A 203 [. Wheatland Road �
` Rochelle, IL G1068 Duncanville, TX 75738
(II15) 561-2058 (972).780-5093
pfridavQrochelle.net eionesQci.duncanville.tx us i
Last Revised 12-17-07
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City of Edinburg TX City of Dimcanville, TX
Ramiro Garza Earle �ones
Execulive Direclor Direcfor o( Cconomic Devclopmenl
602 Wesl University Drive, Suile (3 203 C. Wheadand Road
Gdinburg, TX 78539 Duncanville, TX 75138
(956) 3II3-7124 � (972) 780-5093 �
RamiroQedinburgedc.com eiones@ci.duncanville.nc.us
City of Moore OK �y of Marion, W
Deidre Lbrey Wayne Seybold, Mayor
Director of Fconomic Development 301 S. Branson Strcet
301 N. ftroadway Marion, IN 46952
Moore, OK 73160 (765) 668-4401
(405) 7y3-5224 wsevbold@marionindianaus
DiedreE(cilcitvofmoore.com
City of New f3raunfcls, TX
City of Pahn Snriny�, CA Mike Meek
)ohn S. Raymond, Community &[D Direc[or President
� Cathy Van Horn, ED Administrator � Greater New f3raun(els Chaml�er o( Commerce
3200 East Tahyuitz Canyon Way 390 South Seguin
Palm Springs, CA )2263-2743 Ne�v l3raun(els, TX 78131
(�60) 323-HZS� (s3o) �os-zrsos ,
johnrC�ci.palm-sr�rinas.caus meekQnbcham.ore '
�.
cathvv�ci.palm-spr i
�y of Paramoun(, CA
Citv of Perris, CA Joe Perez, Community Developmenl Direcfor
Michael McDermott 16400 Colorado Avenue �
Director, Real Es�ate and Development Paramount, CA 90723
701 North "D" Street (562) 220-2225 i
Perris, CA 92570 jperez@paramountcitv.com
(951) 943-6100 ext 245 j
mmcdermottQcilvof�erris.ora ' Population 70,000 + '
Richmon Wayne County Comention City of Denion, TX �
and Tourism [3ureau. IN Linda Kadiff
Mary Walker Director of Cconomic Development , �
Executive Direcror 101 5 Locust, Suite 500
5707 National Road East Denton, TX 76201 �
Richmond, IN 47374 _ (940) 349-8303 '
(765) 935-8687 linda.ratliff�citvofdenton.com i
mwalkerQvisitrichmond.orK i
City of Garv. IN
Population 50,000 — 70,000 Ben Clement
839 6roadway I
City of Cu e�no, CA 2nd floor
Kelly Kline Gary, IN 46402
Redevelopment/[conornic Dev. Manager ben clement 99�vahoo.coiii
10300 Torre Avenue
Cupertino, CA 95014 � �
(408) 777-3200
kellvkQcu nerti no.or�-
Last Revised 12-17-07
I
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City of Jacksonville. FL City of San Jose, CA
Glenda Washington Of(ice of Fconomic Develo�;�inent
5000-3 Norwood Ave. Nanci Klein
Jacksonville, FL "32208 Manager o( Corpora(e Outreach
(904) 9241100 � 200 Last Sanla Clara $Ireet, 14th Flcior
alenda.washing�onQmviaxchamber.com San )ose, CA 95113
(408) 535-81II4
nkleinQsaniosecaKOv
ity of Gardena.�
G. Yvonne Mallory City of Sum �(s,r, SC
Economic Development Manager Ray Reich
V00 West 162"� Street Downtown Director
Gardena, CA 9 02 4 7-3 7 7$ 21 North Main Streel �
(310) 217-9533 Swnler, SC 2J150
vmallorvQci.gardena.caus (803) 436-2535
rreichQsumter-sc.corn �
City of Hes���, CA � �
Lisa LaMere City of South Bend, IN
' 15776 Main Streel Bill Schalliol
Hesperia, CA 92345 Economic Development Planner
(7fi0) 947-1910 7200 Counry City [iuilding
IlamereQcilvofhesoeria.us South 6enc1, IN 46601 y
(574) 235-SFf42 �
City of McKinney, TX � bschalli@soulhbendin.eov �
)ohn Kessel !
Executive Director of Development Services City of St. Paul, MN �
222 North Ten�essee Craig 131akely I
McKinney, TX 75070 Strategic Planner !
(972) 547-7402 25 West Fourth Street �
jkesselQmckinnevlexas.ork City I-iall Annex, 1100 �
St Paul, MN 55702
City of San lose CA (651) "166-Fi697 I
San )ose Redevelopment Agency Qait;BlakelvQcistpaul.mn.us ,
Anne Stedler
Senior Development Officer �
20Q Easl Santa Clara SVeel, 14th (loor �
San )ose, CA 951 7 3
(408) 795-1877 _ i
annestedlerC�3sanioseca.�ov
!
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Last Revised 12-17-07 ,
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SmallCity/D References
Citv of Andalusia, AL
Richard'Tucson" Roberts
f_conomic Develo�ment Director
505 E. Three Notch Street
Andalusia, AL 36420
(334) 222-7040
ccedcQalaweb.com
�ity�f 13ridg�>ort, TX
Mr. William Myers
Director of Economic Developmenl
Ciry o( Bridgeport
7 707 8`�' Street
[3ridgepart, TX 7642G
(940) 683-6633 ,
Lawrence County,�
Vicki Morese
Executive Director p
12001 AL Highway 157 '
Moul[on, AL 35650
(256) 974-1658
IccQhiwaav.net �
Paly Economic Develonment Cor��or�tion TX
Kim Meloneck
Economic Development Director
415 Main
Sealy, TX 77474 �
(979) 8II5-3571 '
kmeloneck@ci.sealv.txus j
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Last Revised 12-17-07 �
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AGENDA STAFF REPORT
�
DATE: March 4, 2008
TO: The Honorable Chair and Members o ency
APPROVED BY: Roger L. Haley, Executive Directq�Zy�
PREPARED BY: Lorry Hempe, Assistant City Manager�(�o
Daniel Baker, Administrative Analyst I
SUBJECT: "A BRUSH WITH KINDNESS" PILOT PROGRAM
Recommendation:
. I
Staff recommends that the Agency approve an agreement with Habitat for �
Humanity of Greater Los Angeles to implement "A Brush with Kindness" Pilot I
Program and adopt the attached resolutions entitled, "A RESOLUTION OF THE ,
LYNWOOD REDEVELOPMENT AGENCY OF LYNWOOD, CALIFORNIA I
APPROVING "A BRUSH WITH KINDNESS° PILOT PROGRAM AND '
AUTHORIZING THE CHAIR TO EXECUTE AN AGREEMENT WITH HABITAT �
FOR HUMANITY OF GREATER LOS ANGELES TO IMPLEMENT THE ;
PROGRAM" and "A RESOLUTION OF. THE LYNWOOD REDEVELOPMENT '
AGENCY OF LYNWOOD, CALIFORNIA AUTHORIZING THE USE OF LOW AND
MODERATE INCOME HOUSING FUNDS FOR HOME IMPROVEMENT �
PROGRAMS OUTSIDE OF THE REDEVELOPMENT PROJECT AREA A AND �
ALAMEDA PROJECTAREA".
Background:
I
On October 1, 2007, Habitat for Humanity of Greater Los Angeles presented to
the Redevelopment Agency a home improvement program for low-income �
homeowners in the City called "A Brush with Kindness". Through "A Brush with !
Kindness", qualified homeowners receive a variety of exterior home repair '
services performed by skilied volunteers and led by Habitat for Humanity staff. ;
Projects can include a fresh coat of paint, handrails, lighting or other safety-
related improvements, roof repair, fencing, and landscaping. "A Brush with ;
Kindness" seeks to help low-income homeowners restore their homes so they
can continue to live in a safe, decent and affo[dable home while bringing �
volunteers and neighborhoods together. The proposed pilot program anticipates ,
rehabilitating the exterior of ten homes and creating a partnership with the City's
-- '>r `:: 1`�'G�tDA IY� i �
� ,r � i i
�� �
� �
White Picket Fence program for low and moderate income families residing along
the selected corridors of the City.
Discussion and Anatysis:
Many low-income homeowners in Lynwood struggle to maintain their homes
because of age, disability and family circumstances. Over time, as clusters of
homes in proximity to each other show signs of deferred maintenance, entire
neighborhoods fall into disrepair. This affects not only the quality of life in a
neighborhood but also impacts the individual homeowner's ability to stay in his
home as he runs the very real risks of being cited for code violations, losing his
homeowner's insurance, and, ultimately, his home.
Assisting low-income homeowners to remain in their.homes is vitai to preserving
existing affordable housing stock in Lynwood. The City is devoted to.removing
blight and preserving affordable housing stock. However, it lacks staff to take on
these responsibilities.
Staff has reviewed the feasibility of partnering with Habitat for Humanity of
Greater Los Angeles to implement a pilot program called "A Brush with
Kindness". This is an exterior home rehabilitation program to be focused along k ,.
the entry points of the City (Martin Luther King Boulevard, Bullis Road between �
Imperial Highway and Walnut Avenue, Imperial Highway, and EI Segundo
Boulevard). The Brush with Kindness pilot program will utilize funds from the �
Agency unappropriated fund balance to eliminate chain fences and replace them
with picket fences, paint homes, fix roofs, and all other types of exterior �
maintenance in an amount not to exceed 25% of the assessed value of the
home. Apartments will be excluded from the program. As is typicai with Habitat i
Projects, the program will depend on neighborhood volunteers, property owners, �
as well as professional contractors to complete jobs in a timely manner.
i
The primary purpose of this pilot rehabilitation program is to create a critical j
mass of rehabilitation projects in our gateways to encourage entire ;
neighborhoods to invest in their homes. Initially the program will start with the �
rehabilitation of ten homes at a cost of approximately $7,500 per home (to. pay
for materials and administration). Due to alternate funding sources and the �
volunteer nature of the program, the City should derive a benefit of approximately �
$750,000 of home improvements. If neighbors assist neighbors, it may also �
create a greater sense of community. ff this pilot program is successful (in terms �
of cost and time efficiency) the program can be expanded to other
neighborhoods within the City. This program will not repiace the Agency's �
existing Rehabilitation program but will complement the program and extend �
benefits to families not otherwise eligible under HUD HOME guidelines. I
Due diligence research was conducted on February 2, 2008, to determine '
potential .interest or disinterest in the program. A door to door bilingual survey �
2 �
�
�
� �
was conducted to obtain interested applicants and it was determined that there
was sufficient interest for this program to go fonvard.
In addition; staff proposes to implement the budget approved White Picket Fence
program in partnership with "A Brush with Kindness". The White Picket Fence
, program will be conducted by internal staff to improve surrounding low-to
moderate income family occupied homes by replacing chain link fences or
installing non-existent fences with new white picket fences. This program will
require all involved home owners to apply for a zero interest rate Deferred
Payment Loan (DPL). The loan becomes due and payable upon sale or transfer
of the.property. Through DPL, property owners can receive a newly installed
PVC (Polyvinyl Chloride) White Picket Fence. Homeowners will be able tb
participate�in the program based on condition of existing fencing, landscape,
financial hardship, family circumstance (priority is given to seniors, the disabled,
and single-parent households) and home condition. In conjunction with "A Brush
for Kindness Program", the White Picket Fence program will provide a second
option to qualified home owners who can not meet the sweat equity (volunteer)
investment requirements or do not wish to have a complete exterior rehabilitation
of their homes. The proposed white picket fence program can provide
improvement consistency by filling in the gaps between "A Brush fo� Kindness"
rehabilitated homes. All home owner applicants will have to meet eligibility .�
guidelines. '
I
"A Brush with Kindness" Proqram Applicant Qualifications and Guidelines�
• Able to meet current economically chellenged household guidelines
(earning less than 80% or less of area median income).
•. Willing to partner with Habitat for Humanity of Greater Los Angeles by �
investing hours of sweat equity into _the construction of their home and ;
take part in the affiliate education program. All able-bodied homeowners !
are required to work alongside volunteers.
• Applicant selection is based on financial need, family circumstance
(priority is given to seniors, the disabled, and single-parent households), �
the condition of the home, and volunteer availability. ,
• Applicants must live in their homes i
• Be located in the Agency target area i
• Able to clemonstrate wiilingness to maintain their home properly
• A legal resident of the U.S. and reside in the City of Lynwood ��
Homeowner Benefit: �
. Applicant will receive exterior improvements to their homes 100% paid by I
the Agency and Habitat for Humanity.
�
(
3 I
I
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Low-income Household Guidelines
1 2 3 4 5 6 7 8
Person Person Person Person Person Person Person Person
80% of
median $41,450 $47,350 $53,300 $59,200 $63,650 $68,650 $73,400 $78,150
income
1Nhite Picket Fence Proqram Applicant Qualifications and Guidelines�
• Able to meet current househoid guidelines (earning less than 120% of
area median income).
• Approval of the project by the Agency's Screening Committee. ��
• Applicant must apply for a Deferred Payment Loan (DPL) and be ;
approved. (See attached proposed loan document) �
• Applicants shall allow staff or its agents to conduct the necessary property I
and repair work inspections to ensure that the White Picket Fence meets '
current Pianning and Building and Safety Department standards. j
• Applicant will not advance any personai funds to the Contractor, incur any � ;
expenses on their own, or enter into any side agreements. The Agency is �
not responsible for funds advanced.
• The Agency wili determine the scope of work and the priority of items �
completed. '
• Payment will be made directly to the contractor upon review and approval '
of invoices. ;
Previously contracted or commenced work or materials purchased wiil not �
• be eligible for reimbursement or for continuation of work underway. �
• The Agency determines the eligibility of applicants to the program and ��
reserves the right to deny requests in specific instances where the repairs
and/or applicants do not conform to these or other program guidelines. �
Homeowner Benefit: �
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• Applicant can receive a newiy instalied PVG (Polyvinyl Chloride) white '
picket fence if the applicant signs the DPL at a zero percent,0% interest �
rate for the total cost of the fence. ,
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Moderate Household Guidelines
1 2 3 4 5 6 7 g
Person Person Person Person Person Person Person Person
120% of
� median $47,500 $54,200 $61,000 $67,800 $73,200 $78,600 $84,100 $89,500
income
Tarqet Areas (See Attachment)
The project area has four target neighborhoods, EI Segundo Boulevard, Martin
Luther King Boulevard, Bullis Road, and Imperiai Highway. These are prime
locations that carry high public traffic and visibility, since they are located next to
schools, Lynwood High School and Lindbergh Elementary School; parks,
Lynwood City Park and Los Amigos Park; and freeway on and off ramps. ,
Fiscal lmpact:
The City of Paramount and Bell Gardens, cities that have implemented a White � j
Picket Fence program, recommended using tax increment set-aside �
redevefopment funds instead of using CDBG or HOME. The Agency's Low to �
Moderate Set Aside funds are more flexible in terms of requirements. Under the {
HOME program it is required to bring housing units up to code before.
rehabilitation. Using the Agency's Low to Moderate Set Aside funds, the Agency
can also qualify moderate income families.
Habitat for Humanity has requested a$75,000 HOME award from the Agency to �
cover supplies and salaries for 10 homes. This is an estimate of $7,500 per
home and will utilize funds from the Agency unappropriated fund balance. The i
Agency's budgeted approved White Picket Fence Program will cost $49,500. An
estimated $3,500 per home for fencing and labor. The Deferred Payment Loans
will be appropriated from funds approved in the FY 07/08 Budget; the LRA Area �
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°A" White Picket Fence Grant fund (9752.70.801.67471). and LRA Alameda i
White Picket F-ence Grant (980270.801.67471). i
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Coordinated With:
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City Manager's Office `
Lynwood Redevelopment Agency I
Finance
Agency Counsel '
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ATTACHMENTS:
Resolution
Resolution of Benefit
Agreement
Targeted Area Map
White Picket Fence Loan Agreement
Deed of Trust
A Bush with Kindness Quick Facts
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RESOLUTION NO.
A RESOLUTION OF THE LYNWOOD REDEVELOPMENT
AGENCY OF LYNWOOD, CALIFORNIA APPROVING A"BRUSH
WITH KINDNESS" PILOT PROGRAM AND AUTHORIZING THE
CHAIR TO EXECUTE AN AGREEMENT WITH HABITAT FOR
HUMANITY OF GREATER LOS ANGELES TO IMPLEMENT THE
PROGRAM
WHEREAS, the Lynwood Redevelopment Agency recognizes the need to
increase beautification of the City, help low-income owners live independently
and securely, and preserve affordable housing stock in the community; and
WHEREAS, Section 33334.2(a) of the California Health and Safety Code
declares that Low and Moderate Income Funds shall be used by the �ynwood
Redevelopment Agency for the purpose of increasing, improving, and p�eserving
the community's supply of low and moderate housing available at affordable
housing costs to persons and families of low and moderate income; and
WHEREAS, Goal 2 of the Five Year Implementation Plan states that the
Agency endeavors to improve the housing quality of the existing housing stock �
through housing rehabilitation assistance and enforcement procedures; and
WHEREAS, on December 20, 2005, the Lynwood Redevelopment Agency
(LRA) approved the concept of a White Picket Fence Program and appropriated
funds from the Redevelopment Tax increment housing set-aside for this program;
and ',
WHEREAS, on October 1, 2007, Habitat for Humanity of Greater Los I
Angeles presented the Redevelopment Agency an opportunity to participate in a ;
home improvement program fior low-income homeowners in the City of Lynwood �
called "A Brush with Kindness"; and �
WHEREAS, "A Brush with Kindness° seeks to help low-income �
homeowners restore their homes so they can continue to live in a safe, decent �
and affordable home while bringing volunteers together to help a homeowner in
need. _ �
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NOW THEREFORE, IT IS RESOLVED by the Lynwood Redevelopment
Agency as follows:
Section 1: The Agency authorizes the Chair to execute an agreement '
with Habitat for Humanity Greater of Los Angeles, Inc. to impiement a home i
improvement program for low-income homeowners called "A Brush with ,
Kindness"; as approved to form by Agency Counsel.
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Section 2: The Agency approves the dual implementation of "A Brush
with Kindness" and the White Picket Fence Programs to provide a wider scale of
improvement to the City. Both programs will increase beautification of the City,
help low-income owners live independently and securely, and preserve the
affordable housing stock in the community.
Section 3: The Agency approves the use of $75,000 from the LRA
unappropriated fund balance, to provide ten (10) Lynwood homes with home
exterior improvement, and the use of $49,000 from the LRA Area "A" White
Picket Fence Grant Fund and the LRA Alameda 1Nhite Picket Fence Grant Fund
for fencing and labor.
Section 4: This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED this 4th day of March 2008.
MARIA SANTILCAN, CHAIRPERSON
ATTEST: �.
MARIA QUINONEZ ROGER L. HALEY
SECRETARY EXECUTIVE DIRECTOR
APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE:
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FRED GALANTE LORRY HEMPE
AGENCY COUNSEL ASSISTANT CITY MANAGER
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RESOLUTION NO.
A RESOLUTION OF THE LYNWOOD REDEVELOPMENT
AGENCY OF LYNWOOD, CALIFORNIA AUTHORIZING THE
USE OF LOW AND MODERATE INCOME HOUSING FUNDS
FOR HOME IMPROVEMENT PROGRAMS OUTSIDE OF THE
REDEVELOPMENT PROJECT AREA A AND ALAMEDA
PROJECT AREA
WHEREAS, Section 33334.2(g) of the California Health and Safety .
Code declares that the Redevelopment Agency may use Low and Moderate
Income Housing Funds "inside or outside of, the Project Area(s). The Agency
may only use these funds outside the Project Area(s) upon a resolution of
the Agency and legislative body that the use (of these funds) will be of
benefit to the project area"; and
. WHEREAS, the use of the low and moderate income housing funds
for A Brush with Kindness and .White Picket Fence Programs will be of
benefit to Project Area A and Alameda Project Area by rehabilitating exterior
housing of low and moderate income households; and
WHEREAS, Section 33334.2(a) of the Califomia Health and Safety k . I
Code declares that Low and Moderate Income Funds shall be used by the ��
Redevelopment Agency for the purpose of increasing, improving, and ;
preserving the community's supply of low and moderate housing available at i
affordable housing costs to persons and families of low and moderate ,
income and since "A Brush With Kindness" and White Picket Fence
programs both assist.in preserving the supply of low and moderate income ;
housing; and i
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WHEREAS, the Redevelopment Project Area A does not have �
extensive property zoned as residential within Project Area A as Project �
Area A lines the major thoroughfares of the City of Lynwood including ,
Atlantic Blvd., Alameda Bivd., Long Beach Blvd, Imperial Highway, and �
Martin Luther King Blvd.; and �
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WHEREAS, there is no property within the Alameda Project Area j
which is zoned or slated for residential development as it is primarily an '
active industriai and commerciai area; and �
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WHEREAS, Section 4.6 of the Third Five Year Redevelopment and I
Housing Implementation Plan for Project Area A and Alameda (hereinafter
"Five Year Implementation Plan") approved in 2004 states that the Agency �
intends to "provide assistance for the construction of public improvements �
necessary for the development of new single family housing within and
outside the project area"; and
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WHEREAS, Section 4.6 of the Five Year Implementation Plan states
that the "Agency will assist with the construction of infill housing both within
and outside the Project Area which will be of benefit to the Project Area";
and
WHEREAS, Section 5.3(1) of the Five Year Implementation Plan
requires that "Agency housing should benefit the Project Area and other City
neighborhoods outside the Project Area"; and
WHEREAS, Goal 2 of the Five Year Implementation Plan states that .
the Agency endeavors to "improve the housing quality of the existing
housing stock through housing rehabilitation assistance and enforcement
procedures"; and �
WHEREAS, the Redevelopment Agency requests to extend Project i
Area A for low and moderate income households; and i
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WHEREAS, the Brush With Kindness and White Picket Fence i
program will include EI Segundo Boulevard, Bullis Road from Imperial I
Highway to Walnut Avenue and Martin Luther King Boulevard from Atlantic �
to Harris; and
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WHEREAS, A Brush with Kindness and White Picket Fence
Programs Project areas are adjacent to Martin Luther King Boulevard, Bullis
Road, and Imperial Highway and within a block of EI Segundo Avenue. '
NOW, THEREFORE, the Lynwood Redevelopment Agency of the ,
City of Lynwood does hereby find, proclaim, order and resolve as �
follows: �
Section 1: The Lynwood Redevelopment Agency hereby finds and
declares that the expenditure of the Low and Moderate Income Housing i
funds for housing projects, rehabilitation loans or grants outside of the �
Project Areas, and in particular, A Brush with Kindness and White Picket �
Fence Programs, will be of benefit to the Project Area A and Alameda ..
Project Area as both programs target homes which are in close proximity to . ;
Project Area A and Alameda Project Area.
Section 2: The expenditure of Low and Moderate Income Housing
funds outside Project Area A for A Brush with Kindness and White Picket
Fence Programs will provide low and moderate income residents within �
Project Area A with a variety of exterior home repair and new white picket �
fences and will be of benefit to the Project Areas.
Section 3: This resolution shall go into effect immediately upon its
adopYion. +
PASSED, APPROVED and ADOPTED this 4th day of March 2008.
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MARIA SANTILLAN, CHAIRPERSON
ATTEST:
MARIA QUINONEZ ROGER L. HALEY
SECRETARY EXECUTIVE DIRECTOR
APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE:
FRED GALANTE LORRY HEMPE i
AGENCY COUNSEL ASSISTANT CITY MANAGER �
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CONSULTING SERVICES AGREEMENT
This agreement ("AgreemenY') is made as of March 4, 2008 by and between the
Lynwood Redevelopment Agency, a public entity ("Agency") and Habitat for
Humanity of Greate� Los Angeles ("ConsultanY'). Agency and Consultant are
sometimes hereinafter individually referred to as a"Party" and collectively referred to
as the "Parties."
RECITALS
WHEREAS, Agency desires to utilize the services of Consuitant as an
independent contractor to provide consulting services to Agency as set forth in the
attached Exhibit A; and
WHEREAS, Consultant represents that it is fully qualified to perForm such
consulting services by virtue of its experience and the training, education and expertise
of its principals and employees. �
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NOW, THEREFORE, in consideration of performance by the parties of the
covenants and conditions herein contained, the parties hereto agree as follows:
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1. ConsultanYs Services.
A: Scope of Services. The nature and scope of the specific services to be
performed by Consultant are as described in Exhibit A.
B, Time of Performance. Consultant shall complete the specific services �
according to the schedule of performance which is also set forth in Exhibit A.
2. Term of Agreement. This Agreement shall be for a term of ONE HUNDRED
AND FIFTY DAYS (150 Days), commencing on March 4, 2008 (the "Commencement i
Date") and terminating on November 4, 2008 (the "Termination Date"), unless sooner -
terminated pursuant to the provisions of this Agreement. On or before ninety (90) days
prior to the Termination Date, Consultant and Agency shall meet to discuss this j
Agreement and its possible extension and or modification. In the event the Partie.s do �
not enter into a new agreement prior to the Termination Date, this Agreement shall
continue on a month-to=month basis under the same terms for a period not to exceed �
three months following the Termination Date. If the Parties execute no new agreement ,
by the end of the three-month period following the Termination Date, this Agreement '
shall terminate at the end of such three-month period.
3. Compensation.
A. Agency agrees to compensate Consultant for services under this Agreement �
in compliance with the schedule set forth in Exhibit A. Payment will be made only after ,
submission of proper monthly invoices in the form and manner specified by Agency. '
Each invoice shall include a breakdown of all monthly services performed together with �
Consulting Scrvices Agrccmenl � �
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the hours spent on each service.
B. Totai payment to Consultant pursuant to this Agreement shall not exceed
SEVENTY FIVE THOUSAND DOLLARS ($75,000.00), which shall be payable as set
forth in the Compensation Schedule in the attached Exhibit A. ).
C. If at the request of the Agency, Consultant is required to incur out of pocket
expenses (including but not limited to, out-of-town travel and lodging) which are above
and beyond the ordinary expenses associated with performance of this Agreement,
Consultant shall be entitled to reimbursement of such expenses. Consultant shall only
be reimbursed for those expenses which: (i) appear on ConsultanYs monthly invoices;
(ii) are accompanied by a copy of the Agency's written authorization for Consultant to
incur such expenses; and (iii) receipts documenting such expenses.
4. General Terms and Conditions. The General Terms and Conditions set forth
in Exhibit B are incorporated as part of this Agreement. In the event of any
inconsistency between the General Terms and Conditions and any other exhibit to this
Agreement, the Gene�al Terms and Conditions shall control unless it is clear from the
conte� that both parties intend the provisions of the other exhibit(s) to control. ,
5. Addresses. r
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Agency j
Lynwood Redevelopment Agency �
11330 Bullis Road �
Lynwood, CA 90262
Attn: Roger Haley, Executive Director �
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Consultant �
Habitat for Humanity of Greater Los Angeles
17700 South Figueroa Street �
Gardena, CA 90248
Attn: Mark Van Lue, Vice President
6. Exhibits. All exhibits referred to in this Agreement are listed here and are
incorporated and made part of this Agreement by this reference. i
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Exhibit A— Scope of Services and Time of Performance (4 page)
Exhibit B— General Terms and Conditions (seven (8) pages)
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SIGNATURES ON FOLLOWING PAGE
ConsWting Scrvices Agreemcnt
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates written below.
LYNWOOD REDEVELOPMENT AGENCY
By:
Maria Santillan, Chairperson Date
CONSULTANT
Mark Van Lue, Vice President I
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By:
Date �
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ATTEST:
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Maria Quinonez, Secretary
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APPROVED AS TO FORM: '
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Fred Galante, Agency Counsel
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EXHIBIT A
SCOPE OF SERVICES, TIME OF PERFORMANCE, AND COMPENSATION
SCHEDULE
SCOPE OF SERVICES
p Propoaal To Tht City O[ Lyawood' in support of A Brush W1fh Klndaess
IV: Goal+ aud Ob' cdves wd V. M�thods of Acco Ob'ectives
IV. Goais a�ut O' ' w V. Mcthods otAccom lis ' 'ectives
� .Objccave 1. Create awaccnesa • Continue amcngdiening relatinnships with Lyawcwd�ased
about A Atuah with Kindneaa avic groups. aad non-e�o6ts, kt Mem Imow about the
�.� pcoicct, ofEer oppom.��*:�s fot invoh•emrn[ ,
• Review projocc spccifics with dcy sr�ff (Lynwood P)ng. & . .
Econ_ Devdop. Dept., and CRA)
•�('ublicitp thzough City of Lynwood newskttct ot v�ebsi[c (as �
� ftac parmership/pcoj«c of ia ki��; Ha6iuc for Nua.aniq• � �
website and c-new:lettet � . . � � �
Qbjective 2. Homcoaaus •' Fwaliu appGenaoa packcts. (wock w/ury etaE�j �'- - . �
auctessfiilly campletc � Diatribute appGcabon paciccts to ptosjxetive a{�plicsnts ' �,
app6cadon . • Hotd at least one "hov� ro appl}�' community mccung for i
pma�ct�e applicanta , I
• AIIWK saEFavailabk Cor ansaer' � uaons �
Obj«tiee 3. Fmnities ue • ASWK ar�llasseas co�nplcad applicarioas Eor dip,ibili�- .*.. �
utectcd � � aex! need 'i
• A$W K aufE sends kttees m t6ose dut meet euteria or do ' ;
noe (adocnon is not guaranteed unril aker intecviewe and i
insPcctioos axe conducted) ;
' SmfF and vols. condact iateeviewa wit1� elig}b1e applicant: dc
hoa�e ina . s, deteanine of watk �
06jec6ve 4. Recn.it snd plsce • Inctite�.roluinteecs (Frwn Hs6iat"s wcisting volunttxe base) �nd � i
voluaacrs dismbua voluntaer paekas to �ecnu[ near votunaers �
thcough r�lauonships with wmmunity pactnera (civic gcoups, �
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' churches, bwineasee ciry agencies, et 91J. � �
• ABWK staff aad managemeat team cmate volunceer g�oups ,
.. a�d match thed� m spacifx pcv�jec[s, aekce Tam Lsad�us �
• Pro'ccc dirccxoc conducu voluncecr Tnm Lcadu aainin ,
Objecuoe S. Compktc • Finaliu acope of motk, maeeasls, 3ogisdcs, volueteers nceded '�
pmj«a � for euh project, mecc wit6 Team l,radea '
• Coaa�dinate pmjact scheduies. m� Pcojecc ••build daya �
' ` Dism'lfatte auteiiat� and tooh �
• f16VOK staff aoails6le w Team Ladus and supervisee
. grouPs u °eeded . . . �
-� • Documeat the projeceT — Picium. and mterviecvs wi�h familg � �. �
membcra and volvateexs . i
Objectrvc 6. Evalustc projats •� Disttibute u�d collect sucvrys for volunteu groups {asscac I
the yuaL'ly of thar exExnwce)
• Diimbote and oollett eurvryslqu�scioanaues Ea¢ ABI�PK � I
6roilin �
. � • uc to shate with Gt oE �n�vood j
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Consul[ing Scrvices Agccemcnl Cehibrt 1} �
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Agency of Lynwood Time Line for Implementation
A Proposal To T6e City Of Lyowaod in support c�( A BrusA kYlth_ Kindmss
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XIL Sc6edu6c o[ Pmjcct Activities : , ,
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'ectivea Taela Month or , n,«
Objective 1. • Continue atrengthcning celationahips a�ith I.ynwood-bascd Fust Quamc
Ccexre nw�renesa uvic gcouPs aad �wn-pcoFits, lec them know about the Z008 -
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abouc A Bntth pmjcet, offer op}w�wniaea foc involvcmrn[ (op�om�
WII�1 K41fI[I[ib . R Pro�c� ypaifx8 aith ary st3ff (Lynwood Ping. & � � � �
p�OB� Econ. Devdop. Dept. and CRA)
• Publiary thtough City of Lynwood ncwslettec oc websere . , . �i
(u fust partnenlup/projccc of ica {cind); Habiac for
Humani wetisite and c-ntwslattec i
Objeedve Z • p'�..sli�. ���� �eta (work a/cits smf� Second QmRCr I
f1o��'+�� • Disuebute ap�lication packee+ ro prospecave appliants 7A06 I
auccessfully • Hold ac least one "hom to a�rpl}r' community mecting and �
eomplete "offue hwus" for pmspective applicanta at locsl �
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°pP�°'t� community eenter (.e. [.}mwond High Sehoo! audi[orium) I
• ABWK ain(f availabk for answ ' uesaoa�
Objecriva 3. • ABWK anEf assesa completed xppticnrioas for e5gibility Second Quarta j
� Familiu ue and need 20U8 i
a��«� • ABWK saff scnds Iettca m those that mcct cucecia or do '
na (sdection is �ot guacanteed uncil after incecviews end I
ieapeetione us conduttt�
• Semff omd vols. conduct incerviews aith eligible appGcanta I
dc home tns detem�ine a of wotk i
Objectire 4. • Invite vo4mcten (from f{ibitlt's wstittg vohmteer base) Sccond Quacter
Rect�ir pnd pLce and distribute volunteer pw�dcets to rocruit new votunteecs 200di i
croluneeers thcoug� rdacmaahipa with community premvs: civic '�
gmupa. chucches. businesacs, ciry agcndu, et �I. I
■ AB�VK �tnff md manngeeunt team cteate volunceer gxouPa
aod match them eo s�xciGc pco�eb, xleu Tam Leadecs
• ' di�cciac c�duca vol. Tcam l.ud« I
Objecave 5. • F"aulize scope of �wfc, emoeriols, bog�dcs, vohmcecxa 'I1ad Qua�uer
C�npkoe ncoded for weh projeey meet with Tum Leadaa 2008 �
prol� _• Coocdinate pcojat schedules. assiS^ Pcojen ••build• days I
• DisMbute wterials and coota
• ABWK anB nv�7abk ro Team Leadcis u�d :a�eevieca I
goups �a nacded
• Documrnt tlMe pmlccta —{HCtuces. and inarviews �vith
f ' ' membecs aod volunorns ;
Objativa 6. • D'escri6um and eoltea .ucreps Far votuaceer gmups (uscss ' �d Qua�csr I
Eval�ix pmjects thc quiliry of thdr expcua�ce) 2008 i
• Dismbucc uid coUea aiuvey�a fot ABW[G famitia
• P z m ehace with Ci of L ood
NeIG aUdalu appruximalc; EQ�tJQIi' �[QN/ IO ILOW (IJC ItMI IO /Qf�c. Q(lMl7l�YtljCfl !/OA /lIWL YYI�GIL Af/L11�t9f[� 71V
ClRt II4/�/�ffRAIQB �QIG
Consulting Servia;s Agreemen[ . li�ibi[ li �
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Schedule of Compensation
A Propasal To'ft�e City Of Lynwood in suppott of A Brush With Klndaess
XIII. Program Bndget
Ciearly delineate progrem oasts using the budgct farmat providcd below:
A Brush with Kindness Budqet
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�ea sa�+ee co++nrpura� ror�r co6r
A.Persannel
Sal8rie8 550.000 544.50Q 500
F�4n Benefds - 15 500 E15.5�
Sub Totai Z72 00 3110 000
B. Non-Personnel
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ent Rentei 527 500 b00
I�s 5 000 $537.5U0 500
Vehk�e Re�1ta1 . S5 OOU 55.000 �
Trave! . - S1 b00 1600 I
Ut�ties - S1.5oo $1500 I
Me�kei�q � +
putroaeh • 10 600 10 500 �
Ineurence 70 U00 10 000
Pro�eseional Fees _ . . �
OC1e� Cont►act �
Servioes _ �
O�har (must he an
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• b15 0� Stb �0 �
Sub Toql 000 600 i
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Tatai rt6,000 , i�'is000 8TSO,000
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Consul[ing Scrviccs Agrecmcn[ Lxhibit 6
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A Propo�at 1'o The Clty dP I.ynwood in support of A IIrusb With Kindaess
XIV. Budget Nanativc
Ouc mana$cmrnt a�am �smbl�hed � fust-ycar goAl for �1 Brosh unth Kindness b[ 65 hamrs
mimmum, �S homes maximum. The c�st of doing the pcogram Eor 75 homes, including all st�ff,
rnatccials and adminisa�dve cvat� is �750,U04,
SalatleE And su�(fIiC8 Ate d1e two Ie[�tSt IttIC 4!elCtB GI tfle btlt�Ct At St IO,OOO AAd gSlS2
msPocdvely_ Thc rrmaindcc, E78,000 is Ixtgct� foc equipment rental, insuc7nu, mat�ceting and
�ue�ch, uid prafessiot►al fees. These figures ate bascd on wu ycara of exporicnce a�ith planning
and execudng home building project�; �hep fac�or in culunteec labor sad reflecc che cosrs of �
purchasing maccrials fmm our cegular �endats. As ala�ps, wc u�ll condnue ta exp(ore opdong ro "^ i
purchsse �su�ypGes in bulk at discounted raies ae weil as in-kutd don�rions oF inateceals, which can ;
defra}� somr of uur projea costs. B�• utilizing tfic Giiy of Lync�ood's Busincas Assiatance Cen�er, we �
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will �Sa enakc e,wcry effort to pwtchase mat�cials imm Lyawoad-6asai businessrs. I
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Salaries lnclude tht two main pmject admieisuutars, VP of Consuuceon and Rcal Cstate, Mark 'Van �
I.,uc and A13wIC Maasget, Jenny isaacs, and pecccnt�ges of time Ec►r Ihe rnanagement tcam j
ovecaeeing all espeeta of the projece ftnm fundraising ca inidaring ncw pacmetahips with
municipaliaes.11u suppty linc icem cavecs evcry•thing fc�om tools and building rnacerists oo �
refmahnnrn� �nd fus� aid. '
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Consul[ing Sen�iecs Agru:ment Eshibif 13 I
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EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to Agency, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation,
or liability on behalf of Agency or otherwise act on behalf of Agency as an agent.
Neither Agency nor any of its agents shail have control over the conduct of Consultant
or any of ConsultanYs employees, except as set forth in this Agreement. Consultant
shall not, at any time, or in any manner, represent that it or any of its agents or
employees are in any manner agents or employees of Agency.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant
under this Agreement, and to indemnify and hold Agency harmless from any and all
taxes, assessments, penalties, and interest asserted against Agency by reason of the
independent contractor relationsfiip created by this Agreement. In the event that
Agency is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly .
independent contractor relationship between Agency and Consultant, then Consultant
agrees to reimburse Agency for all costs, inciuding accounting and attorney's fees, �*' '
arising out of such audit and any appeals relating thereto. �
C. Consuitant shaii fully comply with the workers' compensation law regarding +
Consultant and ConsultanYs empioyees. Consultant further agrees to indemnify and i
hold Agency harmless from any failure of Consultant to comply with applicable worker's �
compensation laws. Agency shall have the right to offset against the amount of any �
fees due to Consultant under this Agreement any amount due to Agency from
Consultant as a result of ConsultanYs failure to promptly pay to Agency any �
reimbursement or indemnification arising under this Section 1. !
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2. Standard of Performance. �
A. Consuitant shall perForm all work to the highest professional standards and in �
a manner reasonably satisfactory to the Executive Director or his/her designee. . The '
. Executive Director or his/her designee may from time to time assign additional or �
different tasks or to Consultant, provided such tasks are within the scope of �
services described in Exhibit A. However, no additional or different tasks or services �
shall be performed by Consultant other than those specified in Exhibit A, or those so i
assigned in writing to Consultant by the Executive Director or his/her designee. �
B. The Housing Manager shall, until further notice to Consultant, administer this j
Agreement and provide for immediate supervision of Consultant with respect to the i
services to be provided hereunder. �
3. Indemnification. ,'
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Consulting Services Agrecmcn[ Exhibit B � i
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A. Consultant is skilled in the professional calling necessary to perform the
services and duties agreed to be performed under this Agreement, and Agency is
relying upon the skiil and knowledge of Consultant to perform said services and duties.
B. Agency and its respective elected and appointed boards, officials, officers,
agents, employees and volunteers (individually and coliectively, "Indemnitees") shall
have no liability to Consultant or any other person for, and Consultant shall
indemnify, defend, protect and hold harmless Indemnitees from and against, any ancl
all liabilities, claims, actions, causes of action, proceedings, suits, damages„
judgments, liens, levies, costs and expenses of whatever nature, including
reasonable attorneys' fees and disbursements (collectively "Claims"), which
Indemnitees may suffer or incur or to which Indemnitees may become subject by
reason of or arising out of any injury to or death of any person(s), damage to
property, loss of use of property, economic loss or other loss occurring as a result of
or allegedly caused by the ConsultanYs perFormance of or failure to perform any
senrices under this Agreement.or by the negiigent or willful acts or omissions of
Consultant, its agents, officers, directors, subcontractors, subconsultants or i
employees, committed in performing any of the services under this Agreement.
Notwithstanding the foregoing, the provisions of this subsection shall not apply to �
Claims occurring as a resuit of the Agency's sole negligence or willful acts or �.. I
omissions. '
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C. Consultant agrees to obtain executed indemnity agreements with �
provisions identical to those set forth in this Section from each and every �
subcontractor, subconsultant or any other person or entity involved by, for, with or on
behalf of Consultant in the performance of this Agreement. In the event Consultant ;
fails to obtain such indemnity obligations from others as required in this Section, j
Consultant agrees to be fuily responsible according to the terms of this Section. t
Failure of the Agency to monitor compliance with these requirements imposes no i
additional obligations on Agency and will in no way act as a waiver of any rights ,
hereunder. This obligation to indemnify and defend Indemnitees as set forth herein �
shall survive the termination of this Agreement and is in addition to any rights which !
Agency may have under the law. This indemnity is effective without reference to the +
existence or applicability of any insurance coverages which may have been required ;
under this Agreement or any additional insured endorsements which may extend to '
Agency. _ ;
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4. Insurance. �;
A. Without limiting ConsultanYs indemnification of Indemnitees pursuant to ;
Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its ;
own expense during the term of this Agreement the types and amounts of insurance '
as described below:
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(i) Commercial General Liability Insurance using Insurance Services Office '
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Consul[ing Scrvices Agreemall Exliibit B I
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Commercial General Liability form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shali be no cross liability
exclusion for claims or suits by one insured against another. Limits shall be no
less tlian $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
(ii) Business Auto Coverage on ISO Business Auto Coverage form GA 00 01
including symbol 1(Any Auto) or the exact equivalent. Limits shall be no less
than 1,000,000 per accident, combined single limit. If consultant owns no
vehicles, this requirement may be satisfied by a non-owned auto endorsement to
the general liability policy described in the preceding subsection. If Consultant or
ConsultanYs employees wili use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each
such person.
(iii) Workers' Compensation insurance on a state approved. policy form �I
providing statutory benefits as required by law with employer's liability limits no i
less than $1,000,000 per accident for all covered losses.; i
(iv) Professional Liability or Errors and Omissions Insurance as appropriate to
the profession, written on a policy form coverage specifically designed to protect r i
against acts, errors or omissions of the consultant and "Covered Professional
Services" as designated in the policy must specifically include work performed ;
under this Agreement. The policy limit shall be not less than $1 per ;
claim and in the aggregate. The policy must "pay on behalf of' the insured and ��
must include a provision establishing the insurer's duty to defend. l"he policy �
retroactive date shali be on or before the effective date of this Agreement.
!
B. Agency, its officers, officials, employees and volunteers shall be named as �
additional insureds on the policy(ies) as to commercial general liability and automotive i
liability.
C. All insurance procured pursuant to these requirements shall be written by �
insurers that are admitted carriers in the state of California with a BesYs rating of no less ;
than A:VII.
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D. All insurance policies shall provide that the insurance coverage shail not be �
non-renewed, canceled, reduced, or otherwise modified (except through the addition of �
additional insureds to the policy) by the insurance carrier without the insurance carrier ,
giving Agency thiRy (30) days' prior written notice thereof. Any such thirty (30) day
notice shall tie submitted to AGENCY via certified mail, retum receipt requested,
addressed to "Risk Ma�ager," City of Lynwood, 11330 Bullis Road, Lynwood, j
California, 90262. Consultant agrees that it will not cancel, reduce or othervvise modify �
said insurance coverage. ;
E. Consultant shall submit to Agency (i) insurance certificates indicating ;
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Consulting Scrvices Agrecmenl � � Ex���b�� p . ��
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compliance with the minimum worker's compensation insurance requirements above,
and (ii) insurance policy endorsements indicating compliance with all other minimum
insu�ance requirements above, not less that one (1) day prior to beginning of
performance under this Agreement. Endorsements shall be executed on Agency's
appropriate standard forms entitied "Additional Insured EndorsemenY'.
F. The ConsultanPs insurance shall be primary as respects the Agency, its
o�cers, officials, employees and volunteers. Any insurance or self-insurance
maintained by the Agency, its officers, officials, employees and volunteers shall be
excess of the ConsultanYs insurance and shall not contribute with it.
G. Consultant agrees that if it does not keep the aforesaid insurance in full force
and effect, and such insurance is available at a reasonable cost, Agency may take out
the necessary insurance and pay the premium thereon, and the repayment thereof shali
be deemed an obligation of Consultant and the cost of such insurance may be
deducted, at the option of Agency, from payments due Consultant.
5. Confidentiality. Consultant in the course of its duties may have access to I
confidential data of Agency, private individuals, or employees of the Agency. j
Consultant covenants that all data, documents, discussion, or other information �
iieveloped or received by Consultant or provided for performance of this Agreement are � �
deemed confidential and shall not be disciosed by Consultant without written ;
authorization by Agency. Agency shall grant such authorization if disclosure is required
by law. All Agency data shall be returned to Agency upon the termination of this
Agreement. ConsuitanYs covenant under this section shall survive the termination of �
this Agreement. i
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6. Ownership of Work Product. All reports, documents or other written material �
developed by Consultant in the performance of this Agreement shall be and remain the �
property of Agency without restriction or limitation upon its use or dissemination by
Agency. Such material shali not be the subject of a copyright application by Consultant. '
7. Conflict of Interest. I
A. Consultant covenants that it presently has no interes# and shall not acquire '
any interest, director or indirect, which may be affected by the services to be performed I
by Consultant under this Agreement, or which would conflict in any manner with the
performance of its services hereunder. Consultant further covenants that, in �
performance of this Agreement, no person having any such interest shall be employed '
by it. Furthermore, Consultant shall avoid the appearance of having any interest which i
would conflicf in any manner with the performance of its services pursuant to this ;
Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or �
otherwise, to or from the ultimate vendor(s) of services to Agency as a result of the '
performance of this Agreement, or the services that may be procured by the Agency as �
Consulting Scrvices Agreement � Lshiblt L3 '
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a result of the recommendations made by Consultant. ConsultanYs covenant under this
section shall survive the termination of this Agreement.
8. Termination. Should Consultant fail to perform any of the obligations required
of Consultant within the time and in the manner provided for under this Agreement
within seven (7) days after receipt from Agency of a written notice of such default, or
should Consultant violate any of the terms and conditions of the Agreement, Agency
may terminate this Agreement with cause upon seven (7) days' written notice to
Consuitant. The effective date of termination shali be upon the date specified in the
notice of termination. Consultant agrees that in the event of such termination, Agency's
obligation to pay Consultant shall be limited to payment only for those services
satisfactorily rendered prior to the effective date of termination. Immediately upon
receiving written notice of termination, Consultanf shall discontinue performing services,
preserve the product of the services, and turn over to Agency the product of the
services in accordance with written instruction of Agency. The Agency may terminate
this Agreement without cause upon 15 days written notice to the Consuitant.
9. Personnel. Consultant represents that it has, or will secure at its own expense, �
all personnel required to perform the services under this Agreement. All of the services �
required under this Agreement wili be perFormed by Consultant or under its supervision, �
and all personnel engaged in the work shall be qualified to perform such services. �
Consuttant reserves the right to determine the assignment of its own employees to the I
performance of ConsultanYs services under this Agreement, but Agency reserves the
right, for good cause, to require Consultant to exclude any employee from performing �
. services on Agency's premises. ,
10. Financial Condition. Prior to entering into this Agreement, Consultant has i
submitted documentation acceptable to the Executive Director, estabiishing that it is
financially solvent, such that it can reasonably be expected to perform the services
required by this Agreement. Within thirty (30) days of the first anniversary of the
effective date of this Agreement, and each year thereafter throughout the term of this ,
� Agreement, Consultant shall submit such financial information as may be appropriate to .
estabiish to the satisfaction of the Executive Director that Consultant is in at least as '
sound a financial position as was the case prior to entering into this Agreement. �
Financial information submitted to the Executive Director shall be returned to Consuitant ;
after review and shall not be retained by Agency. �
11. Non-Discrimination and Equal Employment Opportunity. �
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital �
status, national origin, ancestry, age, physical or mental handicap, medical condition, or I
sexual orientation, in the performance of its services and duties pursuant to this
Agreement, and will comply with all rules and regulations of City relating thereto. Such ;
nondiscrimination shall include but not be limited to the following: employment, ;
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or '
termination; rates of pay or other forms of compensation; and selection for training,
Consul(ingServiccAgmcmc�l . Exhibi[l3 . '
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including.apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by
or on behalf of Consultant state either that it is an equal opportunity employer or that all
qualified applicants will receive consideration for employment without regard to race,
color, creed, religion, sex marital status, national origin, ancestry, age, physical or
mental handicap,.medical condition, or sexuai orientation.
, C. Consultant will cause the foregoing provisions to be inserted in ali
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
12. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of ConsultanYs obligations hereunder, without
the prior written consent of Agency, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
13. Performance Evaluation. For any Agreement in effect for twelve months or
longer, a written annual administrative performance evaluation shall be required within
ninety (90) days of the first anniversary of the effective date of this Agreement, and
each year thereafter throughout the term of this Agreement. The work product required ,
by this Agreement shail be utilized as the basis for review, and any comments or
complaints received by Agency during the review period, either orally or in writing, shali
be considered. Agency shall meet with Consultant prior to preparing the written report. ;
If any noncompliance with the Agreement is found, Agency may direct Consultant to '
correct the inadequacies, or, in the alternative, may terminate this Agreement as i
provided herein. i
14. Compliance with Laws. Consultant shall keep itself informed of State, Federal
and Local laws, ordinances, codes and regulations which in any manner affect those �
employed by it or in any way affect the performance of its service pursuant to this
Agreement. The Consultant shall at all times comply with such laws, ordinances, codes i
and regulations. The Agency, its officers and employees shall not be liable at law or in �
equity occasioned by failure of Consuftant to comply with this Section. �
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15. Licenses. At all times during the terrn of this Agreement, Consultant shall have I
in full force and effect all licenses (including a City business license) required of it by law '
for performance of the services hereunder. i
16. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any ;
one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall ,
the making by Agency of any payment to Consultant constitute or be construed as a
waiver by Agency of any breach of covenant, or any default which may then exist on the i
part of Consultant, and the making of any such payment by Agency shall in no way
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� Consulting Servicc Agrcemcnt Hxhibit B
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impair or prejudice any right or remedy available to Agency with regard to such breach
or default.
17. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the
provisions of this Agreement, the prevailing party in such action or proceeding shall be
entitled to recover its costs of suit, including reasonable attorney's fees and costs,
including costs of expert witnesses and consuitants.
18. Notices. Any notices, bills, invoices, or reports required by this Agreement shali
be deemed received on (a) the day of delivery if delivered by hand during ConsultanYs
regular business hours or by facsimile before or during ConsultanYs regular business
hours; or (b) on the third business day following deposit in the United States mail,
postage prepaid, to the addresses heretofore set forth in the Agreement, or to such
other addresses as the parties may, from time to time, designate in writing pursuant to
the provisions of this section.
19. Governing Law. This Agreement shall be interpreted, construed and enforced
in accordance with the laws of the State of Califomia. �
20. Counterparts. This Agreement may be executed in any number of �
counterparts, each of which shail be deemed to be the original, and all of which �
together shall constitute one and the same instrument. �
21. Severability. If any provision or any part of any provision of this Agreement is �
found to be invalid or unenforceable, the balance of this Agreement shall remain in ,
full force and effect. i
22. Entire Agreement. This Agreement, and any other documents incorporated �
herein by specific reference, represents the entire and integrated agreement between �
Consultant and Agency. This Agreement supersedes all prior oral or written j
negotiations, representations or agreements. This Agreement may not be amended, (
nor any provision or breach hereof waived, except in a writing signed by the Parties ;
which expressly refers to this Agreement. Amendments on behalf of the Agency will �
only be valid if signed by the Mayor and attested by the Secretary. i
23. Authority. The person or persons executing this Agreement on behalf of �
Consultant warrants and represents that he/she has the authority to execute this �
Agreement on behalf of the Consultant and has the authority to bind Consultant to the
performance of its obligations hereunder. �
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Consulling Serviccs Agrccment . � Exhibil B (
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. � eP\ AL MWY ...�
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� a a FlPC DEPt . J .psoo �STFPANCIS n� fp p o �o $ s ` ¢
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_ „ e� s��0000 _ g �_ _l ll l� l.ennp_n�� �O�l l� ��
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CITY OF LYNWOOD
. - WHITE PICKET FENCE PROGRAM
- LOAN AGREEMENT
(SECURED)
3 500.00 March 4, 2008
The White Picket Fence Program Participant shall receive a loan of White Picket Fence
' Program funds from the City of Lynwood in the amount of THREE THOUSAND FIVE HUNDRED
AND NO/100 DOLLARS ($3.500.00) to pay for costs associated with installing a PVC White Picket
Fence to the White Picket Fence Program Participant's primary residence which is iocafed at
, Lynwood, CA.
The White Picket Fence Program Participant agrees to maintain the newly installed fence to
the City fencing code and not modify or temove any of the fencing. The Participant shall utilize the
fence to beautify his/her primary residence and encourage beautification in his/her neighborhood.
, Furthermore, the Participant agrees to reside at the primary residence noted above ior nof
less than one (1) year from the date of this execution of this Loan Agreement. Failure to do so wiil
require that the White Picket Fence Program Participant repay the loan amount shown above to the
• City of Lynwood.
This Loan Agreement is govemed and construed in accordance with the law of the State of
�;.
California.
IN, WITNESS WHEREOF, the White Picket Fence Program has executed this Loan Agreement I
as of the date and year first above written. �
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Program Participant: , i
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Program Participant:
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Order No. � •
. F.,scrow No�. -
� Loan No. � �
• WHEN RECORDED MA[l. TO:
� ' Cityof�L.ynwoad -
Redevelopment Agency � � �
� 11330 Bullis Road
. � Lynwood, CA 90262 . �
. � SPACE ABOVE THIS L[M; POR RECORDER'S OSE
DEED OF TRUST WITH ASSIGNMENT OF RENTS
. (SHORT FORM)
This DEED OF TRUST, made this , between herein called '
. TRUSTOR, whose address is
FIRST AMERICAN TIT�E INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and City of
Lynwood, herein ca�led BENEFICIARY,
WITNESSETH: That Trustor grants to Trustee in trust, with power of sale, that property in the City of lynwood,
County of Los Angeles, State of California, described as:
LOT 234,OF TRACT 7984, IN THE CITY OF LYNWOOD, COUNTY OF LQS ANGELES, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 90, PAGES 34 TO 36 WCLUSNE OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
- - together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and
� conferred upo� Beneficiary to collect and apply such rents, issues and profits for the purpose of securing (1) payment of the sum of
- 565,000 with interest thereon according to the terms of a promissory note or notes of eve� date herewith made by Trustor, payable�
,� to�order o£ Seneficiary, and extensions or renewals thereof, �2) the performance of each agreement of.Trustor incorporated�by -
reference�or contained herein and 131 payment of additional sums and interest thereon which may hereafter be loaned to Trustor, or
� his successors or assigns, when evidenced by a promissory note or notes reciting �that they are secured by this Deed of Trust.
-�, To protect the security of this Deed of Trust, and respect to the property above described, Trustor expressly makes each and
• all of the agreemeots, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in
� subdivision A, a�d it is mutually agreed that each and al� of the terms and provisions set forth in subdivision B of the fictitious deed
.� of trust recorded in Orange County August 17, 1964, and in all other counties August 18, 1964, in the book and at the page of
� Official Records in the office of the county recorder of the county wliere said properiy is located, noted below opposite the name of
such county, namely: �
COUNTV BOOK PAGE COUMY ' 800K PAGE COUNTV BOOK PAGE COUNTY BOOK PAGE
� Alameda 1288 556 Kings 858 773 Placer 1028 379 Sierca 38 187
� Alpine 3 13031. �ake 437 110 Plumas 166 1307 Siskiyou 506 762
� Amatlor 133 438 Lassen 192 367 Riversitle 3778 347 Solano 1287 627
'. Butte 1330 573 Los Angeles T3878 874 Sacramenm 5039 724 Sonoma 2067 4?7
" Calaveras 785 338 Madera 91�1 136 San Benito 300 405. Stanislaus 7970 56 ,
Coiusa ' 323 391 Marin 7849 722 San Bemvdino 6273 768 Suiter 655 585
� Con(ra Costa 4684 ] ManUOSa 90 453 . San Francisco A-804 596 Teharna 457 783 '
Del Norte 101 549 Mentlocino 667 99 San Joaquin 2855 283 7rinity 108 595 �
� EI Doratlo " � 704 635 Merced 1660 753 San Luis Obispo 7311 737 Tulare � 2530 10S
Fresno � 5052 fi23 � Modac 191 � 93 San Mateo 4778 175 Tuolumne 777 160 -
� .Glenn 469 76 Mono 69 302 SantaBar6ara 2065 881 Venwra 2607 237 �
Humboldt 807� 83 ' � Mon[erey 357 239 Saota Clara 6626 664 Yolo 769 �16
� . Imperial 1789 707 Napa 704 742 Santa Cruz 1638 607 Yuba 398 693
� Jnyo 765 672 Nevada 363 94 Shasta 800 633
�' Kem � 3756 fi90 Oran9e 7182 18 San Diego SERIES 5 eook 1964, Page 749774
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shalF inure to and bind the parties hereto, with respect to the property above described. Said agreements, terms and
provisions contained in said subdivisions A and 8, (identical in all counties, and printed on pages 3 and 4 hereof) are by
the within reference thereto, incorporated herein and made a part of this Deed of Trust for alf purposes as fiully as if set
forth atlength herein, and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the
charge fherefor does not exceed the maximum allowed by law.
The undersigned TrusYOr, requesfs that a copy of any notice of default and any notice of sale hereunder be mailed to
him at his address hereinbefore set forth.
Signature of TNstor Signature of Trustor
� IHome Ownerl � � � � '
State of Galifomia, County of Los Angeles}
On before me 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(s) whose name(s) is/are subscribed to the within instrument and
acknowledge to me that he/slie/they executed the same in his/her/their authorized capacitylies), and that
by his/her/their signaturelst on the instrument the personls), or' the entity upon behalf of which the
' person(s) acted, executed the instrument.
. , (This area for official notarial seal)
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�. . . � DO NOT RECORD • . .
The following is a copy of Subdivisions A and B of the ficfitfous Deed of Trust recorded in each county in Calilomia as siated in the foregomg Deed
� .. of Trus[ and incorporated by reference in said Deed of Trust as being a�part [hereof as If set forth a[ length therein. � �
� A. � To protect the security of this Deed of Trust, 7rustor agrees:
7) To keep said property In good condition and repair, �ot to remove or demolish a�y building thereon; to complete or restore promptly and
� in good and workmanlike manner any bwlding which may be consiructed, damaged or destroyed thereon and to pay when due all claims for labor
performed and materials fumished therefor, to comply with all laws affecting said propertY o� requiring any alterations or improvements [o be made
thereon, �.not to commi[ or permit waste�thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate,
� fertilize, fumigate, prune and� do all o[her acts which from the character or use of said property may be reasonably necessary, the specific
� enumera[ions herein not excluding ihe generaL. -
� 2� To provide, maintain and delrver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected
under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as 8eneficiary may
� � determine, or at option of Beneficiary the entire amount so collected or any part thereo( may be released to Trustor. Such applica[ion or release shall
. - not cure or waive any defaul[ or notice of default hereunder or invaiidate any act done pursuant to such notice.
�. 3) To appear in and defend any action or proceeding purporting to affect the security fiereof or the rights or powers of Beneficiary or
Trustee; and' to pay alf cosls and expenses, includfng cost of evidence of title and atmrney's fees in a reasonable sum, in any such action or '
� proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. �
� � 41 To pay; at ieast ten days before delinquency all taxes and assessments affecting said property, induding assessments oo appurtenant
wate� smck; when due, all encumbrences, charges and liens, with interest, on said propeRy or any part thereof, which appear to be prior or superior
hereto; all costs, fees and expenses of this Trust . �
. � Should Tmstor fail to make anY Payment or to do any act as herein provided, then Beneficiary or,Tmstee, 6ut without obligatfon so to do �
� and without.notice to or demand upon Trusmr and without releasing Trusmr from obligation hereof, may; make or do the same in such manner
` and to such extent as either may deem necessary to pm[ect the security hereof, Beneficiary or Trustee 6eing authorized to enter upon said property
�� for such purposes; appear in and defend any action or proceeding purporting m affect the security hereof or the rights or powers of Beneficiary or
. Tmstee; pay, purchase, contest or compromise any encumbrance, charge or lieo which in the judgment of either appears to be prior or superior
� hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. .
� 5) To pay immediately and withou[ demand all sums so expended by Beneficiary or Trustee, with interest fmm date of expendimre at the
amount allowed by law in effect at the date hereof, and to�pay for any statement provided for by law in effect at the date hereof regarding the
obligation secured herebY any amount,demanded by the Beneficiary not to exceed ihe maximum allowed by law at the [ime when said statement is
demanded. ' � . - .
B. It ismutually agreed:
.� 11 That any award of damages in connection with any condemnation for public use of or injury m said property or any part thereof is
'. � hereby assigned anA shall be paid to Beneficiary who may apU�Y or release such monies received by him in the same manner and wiih the same
effect as above provided for disposition of �proceeds of fire or other insurance. .
� 21 That tiy accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt
� payment�when due�of all other sums so secured or to dedare default for failure so to pay. �
� ' 31 Thai at any [ime or trom iime Io time, without liability therefor and wi[hout notice, upon written request of Beneficiary and presentation
� of this Deed and said note for'endo�sement, and without affectinc� the personal liabiliry of any person for payment of the indebtedness secured
hereby, Tmstee may: reconvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon, or �
" join�in any extension agreement or any agreemeMSUbordinating the lien or charge hereof. .
4) That upon written request of Beneficiary statiny that all sums secured hereby have 6een paid, and upon surrender of this Deed and said
., note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon paYment of its fees, Trustee
� - shall reconvey, without warranty, the property then held he�eunder. The recitals in such reconveyance of any matters or facts shall be wncWsive -
proof of the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally entitled there[o".
, 51 That as additional security, Trustor here6y gives to and confers upon Beneficiary the right, power and authority, during the con[inuance .�
. of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of
� � any indebtedness secured hereby or in performance of any agreement hereunder, to colfect and retain soch rents, 'rssues and profi[s as ihey become
due and payable. Upon any such default, Beneficiary may at any time wiihout notice, either in person, by agent, or by a receiver to be appointed by
� a court, and without regard to [he adequacy of any security for the inde6tedness hereby secured, enter upon and.take possession Of said property or
• any part thereof, in his own name sue for or otherwise�collect such rents,�issUes, and profits, induding those past dae and unpaid, and apply ttie
same, less costs and ezpenses of operation and collection, including reasonable attomey's fees, upon any indebtedness secured hereby, and� in such
' order as Beneficiary may determine. The en[ering upon and taking possession of said property, the collection of such rents, issues and profits and
•� � �the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any sct done pursuant to such
�notice. . � '
6) That upon defaul[ by Trustor in payment of any indebtedness secured he�eby or in performance of any agreement hereunder,
' Beneficiary may deciare alf sums sewred hereby immediately due and payable by delivery to Trustee of wri[ten declaration of default and demand for
� sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to 6e filed� for record.
8eneficiary also shall deposit with Tmstee this Deed, said noteand all documents evidencing expendlwres secured hereby.
� After the lapse of such time as may then be required by Iaw following the recordation of said notice of default, and noxice of sale having
. been given as then required by law, Trustee, without demand on Tmsmr, shall sell said property at the time a�d place fixed by it in said� notice of �
sale, either as a whole or in separate parcels, and� in such order as it may determine, at public auction to the highest bidder for cash in lawful mooey
of the United S[ates, payable at time of sale. Trustee maY Postpone sale of all or any portion of said property by public annouacement at such time �
and place of sale, and from time to time thereafter may postpone such sale by pu6lic announcement at [he time fixed by the�preceding �
pbstponement Trustee shall deliver to such purchaser its deed conveying the propertY so sold, but without any covenant oi warranry, ezpress or '
- implied. The recitals in such Aeed of any matters or facts shalbbe conclusive proof of the truthfulness thereof. Any person, including Trustor,
„ �Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. � � ��.
� � After deduc[ing all cos[s, fees and expenses of Trustee and of this Trust, including costs of evidence of title in connection with�sale,
� Trustee shall applY the proceeds of sale m payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the �
amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, m the person or persons legally ��
� entitled thereto. � - �
�
. � . 71 • Beneficiary, or any successor �nership of any indebtedness secured hereby, r�rom time to time, by instrument in writing,
��� substitute a successor or successors to� any Trustee named herein or ac[ing hereUnder, which instrumen[, executed by [he Beneficiary and duly
acknowledged and recorded in the office of tfie recorder of [he county o� cnunties whe�e said property is situated shall,be conclusive proof of proper .
. substitution of such successor Trustee or Trustees, who shall, without conveyance fmm the Trustee predecessor, succeed to all its title, estate,
. rights, powers and duties. Said instrument must contain the name of the original Trus[or, Trustee and Beneficiary hereunder, the book and page
+ where this Deed is rewrded aatl the name and address of the new Trustee.
' � 81 That this Oeed applies m, inures m the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administramrs, execumrs,
�� successors and assigns: The [erm Beneficiary shall mean the owner and holder, including pledgees, of [he note secured here6y, whe[her or not
, named as Beneficiary he�ein. In this Deed, whenever the context so requires, the masculine gender includes the feminine andlor neuter, and the
singular number includes the plural. � �
� 9) That Tmstee accepts this Trust whemthis Deed, duly execu[ed and acknowledgetl, is made a public record as provided by law. Trustee .
- � is not oblic�ated m noti(y any party hereto of pending sale under any other Deed of Trust or of any ac[ion or proceedine� in which Trustor, Beneficiary
� or Trustee shall be a party unlessbrought by Trustee. �
DO NOT RECORD REQUEST FOR FULL RECONVEYANCE
TO FIRST AMERICAN TITLE INSURANCE COMPANY, TRUSTEE:
� The undersigned is the �egai owner and Fiolder of the note or �otes, and of all other indeb[edness secured by the (oregoi�g Deed of Trust.
- , Said no[e or notes, [ogether with all other indebtedness secured by said Deed of Trust, have been fully paid and sa[isfied; and you are hereby
- requested and directed, �on payment to you of any sums owing to you under ffie terms of said Deed of Trust, [o cancel said note or notes above
mentioned, and all other evideoces of indebtedness secured by said Deed of Trust deiivered to you herewith, to�ether with [he said Deed of Trust,
� and to reconvey, without wartanty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you� under the same.
, Dated
, Please mail Deed of Trust,
Note and Reconveyance to
, Do Not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must he delivered to the Trustee for
cancellation before reconveyance will be made.
DEED OF TRUST
WITH POWER OF SALE
� � � First Ame�ican � �
. Title Insurance
. _ Company
TRUSTEE
� �
��� A
� � • �► •
rush
� � � . � �lVI7'K_ __
,"� ������� v'n'dness;
for Hamanity� '`
. of Greater Los Ange�es i
�
Building �
houses, A Brush with Kindness Quick Facts �
building i
hope This year Habitat for Humanity of Greater Los Angeles will begin a new wmmunity program
� called�, A Brush with Kindness in the greater Los Angeles area. �
• A Brush with Kindness is a benevolent program serving low-income homeowners
� impacted by age, disability and famity circamstances who struggle to maintain their � I
° homes. �
•. Homeowners with disabilities and seniorcitizens will be given priority. '
• A Brwh with Kindness will focus on exCerior home repair services (painting, minor
exterior repairs, landscaping, exterior clean-up) performed by volunteers and Icd by i
Habitat for Humanity staff. Groups of 10-20 volunteers work alongside able bodied ;
, homeowners to revitalize a home's ezterior. A Brush with Kindness provides tools for �
[he volunteers to use on site. 'Ceams are lead by our experienced staff and given � i
support ro make the experience of helping others, a positive one. �
• Typical A Brush with Kindness projects can include a fresh coat of paint, safety- �
related improvements, roof repair, and landscaping: �
• Brush with Kindness repairs help maintain the health and safety of the occupants,
. preserve the dwelling and enhance neighborhoods and the ciry at large.
• By targeYing specific communities in need, A Brush with Krndness makes a noticeable
impact, revitalizing the appearance of the homes and strengthening connections in the
community.
• Neighborhoods Ihat partner with Habitat for Humanity help us to become more
familiar with the needs of the neighborhood, assist in referring yualified homeowners,
and identify neighborhood areas that have the most need. Some neighborhoods assist ' '
with acquiring volunteer and financial resources.
- • With a moderate investment of funds and the use of volunteer labor; Habitat for
Humanity can now help low-income homeowners to continue to live independently
and securely in their homes, remove blight, and, most importantly, help preserve the
- affordable housing stcek in a community.
For Information Contact:
� � ' � � Jack Baringer . � Jenny Isaacs �
' Director Project Coordinator
(310)254-6321 (310)254-6028
� 17/00 S. Figueroa St � ' , � �
Gardena, CA 90248 . � �
. . (370)3?3-4663 � �
Fas (310) 329-0789 .
w�.�w.ha6itaNa.org � � .
� �
AGENDA STAFF REPORT
DATE: March 4, 2008
. TO: Lynwood Redevelopment Agency Ch �r embers
APPROVED BY: Roger �. Haley, City Manag
PREPARED BY: Maria Quinonez, Secretary
SUBJECT: Lynwood Redevelopment Agency Minutes
Recommendation: Staff recommends the Lynwood Redevelopment Agency
approve following minufes
� • Regular Meeting, February 5, 2008
Background: N/A
Fiscal Impact: N/A
Coordinated With: N/A
- z �� �ktiENDd ITl��S Y�
µ� ti
. . . Y'-!. ,
. .. x )'�(.: . . . - .
� �
LYNWOOD REDEVELOPMENT AGENCY
' REGULAR MEETING
FEBRUARY 5, 2008
The Lynwood Redevelopment Agency of the City of Lynwood met in a regular
meeting in the Council Chambers, 11330 Bullis Road on the above date at 6:04
. p.m.
Chai�man Santillan presiding.
Members Castro, Flores, Martinez, Rodriguez and Santillan were present.
Also present were Executive Director Haley, Agency Council Jones, Secretary
Quinonez and Treasurer Alatorre.
Secretary Quinonez announced that the Agenda had been posted in accordance
with the Brown Act.
� PUBLIC ORAL COMMUNICATIONS
(Agenda Items Onfy)
(None)
PUBLIC ORAL COMMUNICATIONS
� . (None)
PUBLlC HEARING
. item #1 CONTWUATION OF PUBLIC HEARING TO RECEIVE
: TESTIMONY ON THE PROGRESS OF REDEVELOPMENT
PROJECT AREA "A AND THE ALAMEDA REDEVELOPMENT
PROJECT AREA W COMPLIANCE WITH SECTION 33490 (c) OF
THE CALIFORNIA HEALTH AND SAFETY CODE
This item was introduced by Lorry Hempe. She requested to have the Agency
continue this public hearing to the Council Meeting on April 15, 2008.
It was moved by Member Rodriguez, seconded by Chair Santillan, and carried to
open the public hearing.
, The public hearing was dosed by generaf consent.
' � �
. After discussion, it was moved by Member Rodriguez, seconded by Vice Chair
Castro to continue discussion on this item on April 15, 2008 at the City Council
, meeting.
CONSENT CALENDAR
All matters listed under the Consent Calendar will be acted upon by one motion
affirming the action recommended on the agenda. There will be no separate
. , discussion on these items prior to voting unless members of the Agency or staff
request specific items to be removed from the consent calendar for separate
acfion.
Member Rodriguez pulled item # 3- RESOLUTION OF THE LYNWOOD .
REDEVELOPMENT AGENCY OF LYNWOOD, CALIFORNIA, ALLOWING AND
APPROVING THE DEMANDS AND WARRANTS.
: After discussion, it was moved by Member Rodriguez, seconded by Vice Chair
Castro to approve the minutes.
Item #2 MINUTES OF PREVIOUS MEETING
Regular Meeting of January 2, 2008
Regular Meeting of January 15, 2008
Special Meeting of January 15, 2008
: ROLL CALL:
' AYES: MEMBERS CASTRO, FLORES, MARTINEZ, RODRIGUEZ AND
SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #3 RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY
OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING
' THE DEMANDS AND WARRANTS.
RESOLUTION NO. 2008.004 ENTITLED:
� RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF
� �YNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS
AND WARRANTS THEREFORE.
This item was pulled by Member Rodriguez
, ' � � �
Member Rodriguez questioned voucher number 8255 on page 2 in the amount of
$5,162.19 for the SELAC Project.
Lorry Mempe explained that when the project was assumed from SELAC there
was an existing debt for the property on Atlantic Avenue, which was assumed by
" the Agency. The debt is for monthly mortgage payments. The property will be
used for affordable housing.
Vice Chair Castro wouid like the Agency to rent this property to low income
Senior Citizens and section 8 Senior Citizens to cover the monthly mortgage
payments.
. After discussion, it was moved by Member Rodriguez, seconded by Vice Chair
Castro to approve the resolution.
ROLL CALL
AYES: MEMBERS CASTRO, FLORES, MARTINEZ, RODRIGUEZ AND
SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
DISCUSSION ITEM
Item #4 REVIEW OF ALTERNATIVE USES OF FEDERAL AND STATE
HOUSING FUNDS AND REVIEW OF QUALIFICATIONS OF
JAMBOREE HOUSING CORPORATION AND SIMPSON
HOUSING, LLC
. This item was introduced by Lorry Hempe.
, Power Point Presentations by Jamboree Housing Solutions and Simpson
Housing Corporation were given to the City CounciL
: Mo Mohanna delivered the presentation for Simpson Housing Solutions (SHS)
, Simpson Housing provides affordable housing developments for seniors as well
as family/work force housing. Affordable Housing does not require on going
�ental subsidies. Affordable Housing pulls their funding from set aside funds, tax
exempt bonds, tax credits and other programs, which finances the entire project.
SHS was established in 1994 and is a developer as well as an investor. They
utilize Federal and State tax credits. Since their inception, SHS has been
involved with constructing 279 communities. Their communities have won
numerous national awards and recognition for site pian design, final product for
, operation and creative financing.
P° ` •
Lorry Hempe stated that Jamboree Housing is a qualified CHODO.
� Michael Massey, the housing development Manager, from Jamboree Housing
delivered a presentation to the City Council. Jamboree Housing was founded
seventeen years ago. They are dedicated to the development of affordable
Housing. Their mission is to strengthen Califomia's communities by creating
opportunities for low income families, Senior Citizens, and people with special
needs by giving them access housing that is affordable. Jamboree has an
ownership interest in 5,500 units and a market value that is approaching one
billion dollars. They are very active in Southem California. Currently, they have
four developments under construction.
After discussion, it was moved by Vice Chair Castro, seconded by Chair
- Santillan to continue negotiations with Simpson Housing Solutions and Jambo�ee
Housing Corporation.
ROLL CALL
AYES: MEMBERS CASTRO, FLORES, MARTINEZ, RODRIGUEZ AND
SANTILLAN
' NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #5 CONTRACT PROJECT MANAGERS FOR AGENCY PROJECTS
This item was introduced by Lorry Hempe. In April 2007, the Agency received
authorization to issue a Request for Proposals (RFP) for Consultant Project
Managers. Three consulting firms were selected, which were Tierra West, Avant
Garde and Gafcon.
Vice Chair Castro wouid like to interview the proponents to get a better
• understanding of their scope of services and what they can offer the City of
Lynwood.
Lorry Hempe stated that the City currently has an open contract with Tierra West
but not with Avant Garde or Gafcon. She would like to issue another RFP to
allow other consultants the opportunity to apply for the position.
Member Rodciguez was in agreement with issuing another RFP for the
selection of a consultant
: After discussion, it was moved by Vice Chair Castro, seconded by Member
Rodriguez to issue another RFP for Consultant Project Managers.
` �
ROLL CALL:
AYES: MEMBERS CASTRQ FLORES, MARTINEZ, RODRIGUEZ AND
, SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #6 LYNWOOD CHAMBER OF COMMERCE MID-YEAR REPORT
This item was introduced by the City Managec Since the City Council has
provided the Chamber of Commerce with funding for Fiscal Year 2007-08, the
Chamber of Commerce is required to present two reports to the Agency.
' Maria Garcia stated that the Chamber of Commerce is a non profit organization.
Their purpose is to help and market local businesses.
Lorry Hempe stated that the funding that the Chamber of Commerce receives
, from the Agency comes from property tax increments. The Agency entered into
an agreement with the Chamber of commerce, regarding the services that the
Chamber can provide to the Agency to promote their project areas. The purpose
� of #his meeting is to discuss the agreement.
Maria Garcia gave a power point presentation. She stated that she will provide
the Presidents Report, which will contain the financial details of the Chamber's
activities.
Vice Chair Castro pointed out many inconsistencies within the Chamber of
Commerce that have been brought to her attention, such as, members feeling
that they are not being benefited by their membership dues, the lack of
accountability withiri the Chamber of Commerce, Conflict of interest, etc....
The Council would like a more detailed report from the Chamber of Commerce of �
how the lump sum of $95,000 given to the Chamber of Commerce by the Council
was spent.
After discussion, it was moved by Member Rodriguez, seconded by Vice Chair
Castro to bring this item back at a later date with specific questions for the
Chamber of Commerce to answer.
ROLL CALL:
: . AYES: MEMBERS CASTRO, FLORES, MARTINEZ, RODRIGUEZ AND
' SANTILLAN
NOES: NONE
• ABSTAIN: NONE
ABSENT: NONE
� �
CLOSED SESSION
Item #7 WITH RESPECT TO EVERY ITEM OF BUSINESS TO BE
DISCUSSED W CLOSED SESSION PURSUANT TO SECTION
54956.8 .
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
• A. Property: 12401 Long Beach Bivd. Lynwood, CA 90262
6176-013-040 (APN)
Negotiator. Emie Nishii, Housing Manager, Lorry Hempe,
Assistant City Manager; Royce Jones or designee,
Interim Agency Counsel; Roger Haley, Executive
Director; Robert Vasquez, Agency Consultant
Negotiating parties: Leonardo & Maria Padilla, Owner or Assignee;
- (Simpson Housing Solutions, LLC)
Under Negotiation: Price and terms
B. Property: 12407-12411 Long Beach Bivd.
6176-013-004, 005 (APN)
' Negotiator. Ernie Nishii, Housing Manager; Lorry Hempe,
- Assistant City Manager, Royce Jones or designee,
Interim Agency Counsel; Roger Haley, Executive
Director; Robert Vasquez, Agency Consuitant
Negotiating parties: Satlaben G. Patel, Owner or Assignee;
(Simpson Housing Solutions, LLC)
Under Negotiation: Price and terms
C. Property: 12425 Long Beach Blvd.
6176-013-006 (APN)
Negotiator: Ernie Nishii; Housing Manager; Lorry Hempe,
Assistant City Manager, Royce Jones or designee,
Interim Agency Counsel; Roger Haley, Executive
Director; Robert Vasquez, Agency Consultant
Negotiating parties: Shree Townhouse, Inc. Owner or Assignee;
� •
(Simpson Housing Solutions, LLC)
Under Negotiation: Price and terms
D: Property: 12429 Long Beach Blvd. & 3311 Palm Ave.
6176-013-007, 009, 010 (APN)
Negotiator: Ernie Nishii; Housing Manager; Lorry Hempe,
� Assistant City Manager; Royce Jones or designee,
Interim Agency Counsel; Roger Haley, Executive
Director, Robert Vasquez Agency Consultant
Negotiating parties: Chirag Jyoti Corporation, Owner or Assignee;
(Simpson Housing Solutions, LLC)
Under Negotiation: Price and terms
_. E. Property; 3323 Palm Ave. ,
6176-013=008 (APN)
Negotiator: Emie Nishii, Housing Manager; Lorry Hempe,
Assistant City Manager; Royce Jones or designee,
Interim Agency Counsel; Roger Haley, Executive
Director; Robert Vasquez, Agency Consultant
Negotiating parties: Alfredo and Gloria Velasquez, Owner or Assignee; �
(Simpson Housing Solutions, LLC)
Under Negotiation: Price and terms
' F. Property: 12431 Long Beach Blvd.
6176-013-041 (APN)
Negotiator. Ernie Nishii, Housing Manager, Lorry Hempe,
Assistant City Manager; Royce Jones or designee,
Interim Agency Counsel; Roger Haley, Executive
_ Director; Robert Vasquez, Agency Consultant
Negotiating Parties: Francisco Jimenez, Jr. & Patricia Jimenez, Owner or
. Assignee;
�� (Simpson Housing Solutions, LLC)
� •
Under Negotiation: Price and terms
G. Property: 2971, 2975, 2979, 2981 Fernwood Ave.
, 6169-004-010, 030, 011, 012 (APN)
Negotiator. Ernie Nishii, Housing Manager, Lorry Hempe,
Assistant City Manager; Royce Jones or designee,
Interim Agency Counsel; Roger Haley, Executive
Director; Robert Vasquez, Agency Consultant
Negotiating parties: The Win Project, (Regina Young, Director) ot
- Assignee;
(Simpson Housing Solutions, LLC)
Under Negotiation: Price and terms
H. Property: 4237 Imperial Highway
6169-023-024 (APN)
Negotiator: Emie Nishii, Housing Manager, Lorry Hempe,
Assistant City Manager; Royce Jones or designee,
Interim Agency Counsel; Roger Haley, Executive
' Director; Robert Vasquez, Agency Consultant
Negotiating Parties: Daniel Chavez, Owner or Assignee;
(Habitat for Humanity)
Under Negotiation: Price and terms
I. Property: 3580, 3589, 3598 Imperial Highway
6173-014-002, 001, 016 (APN)
, Negotiator. Ernie Nishii, Housing Manager, Lorry Hempe,
Assistant City Manager; Royce Jones or designee,
Interim Agency Counsel; Roger Haley, Executive
Director; Robert Vasquez, Agency Consultant
Negotiating Parties: Dr. Kal Ahmed, Dr. Andrew E. Luckey Jr., Owner or
Assignee;
(Simpson Housing Solutions, LLC)
, � •
Under Negotiation: Price and terms
J. Property: Atlantic Ave. & Imperiaf Nighway
6189-003-902, 903, 904, 905 (APN)
Negotiator. Ernie Nishii, Housing Manager, Lorry Hempe,
Assistant City Manager; Royce Jones or designee,
Interim Agency Counsel; Roger Haley, Executive
Director; Robert Vasquez, Agency Consuitant
Negotiating Parties: Lynwood Redevelopment Agency or Assignee;
(Simpson Housing Solutions and Urban Vision
Development)
Under Negotiation: Price and terms
K. Property: 3147 & 3155 EI Segundo Blvd.
6168-013-013, 015 (APN)
Negotiator. Emie Nishii, Housing Manager, Lorry Hempe,
Assistant City Manager; Royce Jones or designee,
Interim Agency Counsel; Roger Haley, Executive
Director; Robert Vasquez, Agency Consuitant
Negotiating Parties: Ramanchandra Rao, TR or Assignee;
(Jamboree Housing Corp.) .
Under Negotiation: Price and terms
It was moved by Vice Chair Castro, seconded by Chair Santillan, and
, carried to recess to closed session at 9:57 p.m.
Agency reconvened at 11:15 p.m.
Interim City Attorney Salinas stated that the Council met on the
aforementioned matters and with respect to the following:
Item #7 WITH RESPECT TO EVERY ITEM OF BUSINESS TO BE
DISCUSSED W CLOSED SESSION PURSUANT TO SECTION
� 54956.8
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
• �
A. Property: 12401 Long Beach Blvd. Lynwood, CA 90262
6176-013-040 (APN)
Negotiator. Ernie Nishii, Housing Manager, Lorry Hempe,
Assistant City Manager; Royce Jones or designee,
Interim Agency Counsel; Roger Haley, Executive
Director; Robert Vasquez, Agency Consultant
Negotiating parties: Leonardo & Maria Padilla, Owner or Assignee;
(Simpson Housing Solutions, LLC)
Under Negotiation: Price and terms
No action was taken.
. B. Property: 12407-12411 Long Beach Blvd.
6176-013-004, 005 (APN)
, Negotiator: Ernie Nishii, Housing Manager; Lorry Hempe,
, Assistant City Manager; Royce Jones or designee,
Interim Agency Counsel; Roger Haley, Executive
Director; Robert Vasquez, Agency Consultant
Negotiating parties: Sarlaben G. Patel, Owner or Assignee;
(Simpson Housing Solutions, LLC)
Under Negotiation: Price and terms
No action was taken.
C. Property: 12425 Long Beach Blvd.
6176-013-006 (APN)
, Negotiator. Ernie Nishii, Housing Manager, Lorry Hempe,
Assistant City Manager; Royce Jones or designee,
Interim Agency Counsel; Roger Haley, Executive
Director; Robert Vasquez, Agency Consultant
Negotiating parties: Shree Townhouse, Inc. Owner or Assignee;
(Simpson Housing Solutions, LLC)
Under Negotiation: Price and terms
No action was taken.
` •
D. Property: 12429 Long Beach Blvd. & 3311 Palm Ave.
6176-01'3-007, 009, 010 (APN)
Negotiator. Emie Nishii, Housing Manager, Lorry Hempe,
Assistant City Manager, Royce Jones or designee, �.
. fnterim Agency Counsei; Roger Haley, Executive
Director; Robert Vasquez Agency Consultant
Negotiating parties: Chirag Jyoti Corporation, Owner or Assignee;
. (Simpson Housing Solutions, LlC)
Under Negotiation: Price and terms
' No action was taken.
E. Property: 3323 Palm Ave.
6176-013-008 (APN)
Negotiator: Ernie Nishii, Housing Manager; Lorry Hempe,
' Assistant City Manager; Royce Jones or designee,
Interim Agency Counsel; Roger Haley, Executive
Director; Robert Vasquez, Agency Consultant
_ Negotiating parties: Alfredo and Gloria Velasquez, Owner or Assignee;
(Simpson Housing Solutions, LLC)
Under Negotiation: Price and terms
No action was taken.
F. Property: 12431 Long Beach Blvd.
6176-013-041 (APN)
Negotiator: Ernie Nishii, Housing Manager; Lorry Hempe,
Assistant City Manager; Royce Jones or designee,
Interim Agency Counsel; Roger Haley, Executive
Director; Robert Vasquez, Agency Consultant
Negotiating Parties: Francisco Jimenez, Jr. & Patricia Jimenez, Owner or
Assignee;
(Simpson Housing Solutions, LLC)
Under Negotiation: Price and terms
` •
No action was taken.
G. Property: 2971, 2975, 2979, 2981 Fernwood Ave.
6169-004-010, 030, 011, 012 (APN)
Negotiator. Ernie Nishii, Housing Manager, Lorry Hempe,
Assistant City Manager, Royce Jones or designee,
Interim Agency Counsel; Roger Haley, Executive
Director; Robert Vasquez, Agency Consultant
' Negotiating parties: The Win Project, (Regina Young, Director) or
. Assignee;
(Simpson Housing Solutions, �LC)
Under Negotiation: Price and terms
, No action was taken.
H. Property: 4237 Imperial Highway
6169-023-024 (APN)
Negotiator. Ernie Nishii, Housing Manager, Lorry Hempe,
Assistant City Manager; Royce Jones or designee,
Interim Agency Counsel; Roger Haley, Executive
Director; Robert Vasquez, Agency Consultant
, Negotiating Parties: DanieF Chavez, Owner or Assignee;
(Habitat for Humanity)
Under Negotiation: Price and terms
No action was taken.
I. Property: 3580, 3589, 35981mperial Highway
6173-014-002, 001, 016 (APN)
Negotiator. Ernie Nishii, Housing Manager, Lorry Hempe,
Assistant City Manager; Royce Jones or designee,
Interim Agency Counsel; Roger Haley, Executive
Director; Robert Vasquez, Agency Consultant
� � •
Negotiating Parties: Dr. Kal Ahmed, Dr. Andrew E. Luckey Jr., Owner or
Assignee;
(Simpson Housing Solutions, LLC)
- Under Negotiation: Price and terms
No action was taken.
J. Property: Atlantic Ave. & Imperial Highway
6189-003-902, 903, 904, 905 (APN)
Negotiator. Ernie Nishii, Housing Manager, Lorry Hempe,
Assistant City Manager, Royce Jones or designee,
Interim Agency Counsel; Roger Haley, Executive
Director; Robert Vasquez, Agency Consultant
Negotiating Parties: Lynwood Redevelopment Agency or Assignee;
(Simpson Housing Solutions and Urban Vision
Development)
Under Negotiation: Price and terms
No action was taken.
K. Property: 3147 & 3155 EI Segundo Bivd.
6168-013-013, 015 (APN)
Negotiator. Ernie Nishii, Housing Manager; Lorry Hempe,
Assistant City Manager; Royce Jones or designee,
Interim Agency Counsel; Roger Haley, Executive
Director; Robert Vasquez, Agency Consultant
Negotiating Pa�ties: Ramanchandra Rao, TR or Assignee;
(Jamboree Housing Corp.) .
Under Negotiation: Price and terms
Agency Authorized staff to proceed forward with the negotiation of a
rehabilitation loan and to bring the loan back for final approvaL
ADJOURNMENT
� �
" Having no further discussion, it was moved by Vice Chair Castro seconded by
Mayor Santillan, and carried to adjoum the regular Lynwood Redeve�opment
Agency meeting at 11:20 p.m.
Maria Santillan, Chairman Maria Quinonez, Secretary
� •
AGENDA STAFF REPORT
DATE: March 4, 2008
TO: Honorable Chairperson and Members of the Lynwood �
. Redevelopment Agency ���
APPROVED BY: Roger L. Haley, Executive Directo�� � /�
PREPARED BY: May Lan Tan, Interim Director of Finance ��- � O
Monica Castellanos, Accounting Technician
SUBJECT: Approval of the Warrant Register
Recommendation:
Staff respectfully recommends that the Agency Chairperson and 8oard Members
. approve the warrant register for Fiscal Year 2007-08.
-------------------- Attached Warrant Register dated March 4, 2008-------------
-
�tfEADA IS'7�,*S
i
w._..1
vchlist ` Voucher Lisf Page: �
0212612008 12:15:27 PM ' Lynwood Redevetopment Agency
Bank code : Irabod ' � � � � . �
Voucher Date �: Vendor �� Jnvoice � � � PO# � Description/Account Amount
- 8274 3/4/2008 004820 ADORNO,YOSS,ALVARADO & SMI7H � 122242 � � LEGAL SVCS �.
� 09-000196 941270.801.62001 � ' � 164.50
� � � Total: � 164.50
8275 3/4/2008 003659 CITY OF LYNWOOD 3250 MAGNOLIA WATER USAGE-3250 MAGNOLIA
� . . 9752.70.801.67423 ..- 265.28
� 3250 MAGNOLIA A&B WATER USAGE-3250 MAGNOLlA
� 9752.70.801.67423 � 343.84
� 3254 PALM ABC WATER USAGE3254 PALM �
� . . 9752.70.801.67423 40528
. � - . Total: 1;014.40
8276 3/4/2008 �'003547 KANE, BALLMER & BERKMAN 1/31/08 LEGAL SVCS -JAN 2008
� � , . 09-000102 9412.70.801.62001 14,164.38
. � 1/31/08 ' LEGAL SVCS-JAN 2008
� . � � . � � 09-000202 941270.801.62001 � 36,296.94
-� � � � � � . . Total: SQ461.37
8277 3/4/2008 001280 METROPOLITAN NEWS COMPANY g791601 � PUBLIC NOTICE HEARING
. . 09-000203 9412.70.801.62025 . 43.75
� � . - 09-000203 965270.801.62025 � 4375
� � g791602 � 'PUBLIC HEARING
� 09-000204 9412.70.801.62025 � 43.75
� - -09-000204 9652.70.801.62025 - 4375
. . � Total : 175.00 •
8278 3/4/2008 . 003656 RICK 0'�HARA & ASSOCIATES AM4366 SELAC PROJ
�� 09-000104 9752.70.801.67910 ,5,1fi2.19
To W I : 5,164.19
8279 3/4/2008 001165 RONALD N. W ILSON & ASSOCIATES AUGUST 2007 tEGAL SVCS 8/07 �
� . � 09-OOQ199 941270.801.62001 30,639.00
. � . . . . - Total: 3Q639.00
8280 3/4/2008 004661 SHARPP PROPERTY MANAGEMENT 7 � � PROP MANAGEMENTSVCS
. . 09-OOOT52 975270.801.67423 3,000.00
- . � � Page: � .
vchlist � Voucher List Page: 2
02/26/2008 12:15;27 PM Lynwood Redevelopment Agency
Bank code : Iraboa '
Voucher � Date Vendor � � Invoice - PO#� Description/Aceount Amount
" 8280 3(4/2008 004661 004661 SHARPP PROPERTY MANAGEMENT - (Continued) . �' Total : � 3�,000.00
8281 3/4/2008 000182 XEROX CORPORATION � 030812549 LEASE AGRMT PMT �� �
. � - 09-000119 9412.70.801.67599 � 654.51
- .. 09-000119 9652.70.801.67599 654.50
' . . ToWI : 1,309.01
' 8 Vouchers foF bankcode : If8b08 � � Bank toWl : 91,925.4�,
8 Vouchers in this Teport - � Total vouchers : 91,925.42 ,
�
�
Page: Z
I -• � . . � � . � �
' � •
AGENDA REPORT
` DATE: March 4, 2008
TO: Honorable Chair and Members of the A
APPROVED BY: Roger L: Haley, Executive Directar,�`� -
PREPARED BY: Lorry Hempe, Assistant City Manager �-r1
SUBJECT: CONSIDERATION OF AN AMENDMENT TO THE
DISPOSITION RND DEVELOPMENT AGREEMENT
, BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY
' AND JAIME GUTIERREZ
� Recommendation:
Staff recommends that the Agency directs staff to bring back a proposed
amended Disposition and Development Agreement ("DDA°) between the Agency
and Jaime Gutierrez for Agency discussion and approvaL
Background:
On December 7, 2004, the Agency approved a Disposition and Development
� Agreement between the Lynwood Redevelopment Agency and Jaime Gutierrez
for the Northeast Comer of Fernwood Avenue and Atlantic Avenue ("DDA"). The
DDA calis for the sale of 5,130 square feet of unimproved property by the Agency
to Jaime Gutierrez ("Developer°) af a price of $97,000 to develop a commercial
. building with requisite parking and landscaping.
, Discussion and Analysis:
The Developer provided the funds to acquire the property in Septembec 2005.
The escrow closed on September 4, 2Q05.
Project Status
,_ On June 12, 2007, the Planning Commission held a public hearing. The
Planning Commission in July 2007 approved a variance subject to conditions on
the project. The Developer submiYted strucfural plans for plan check in 2007.
The plans are under review. The Developer anticipates completing the project by '
July 2009.
�QB�'DA I4`�3 � !
3
. , -�-----�-� i
, � �
Proposed Amendment to the DDA
The DDA includes a Schedule of Performance. Under the Schedule of
Performance, the Developer is required to complete all construction on and
development of the site and obtain Certificates of Completion within eighteen
(18) months after the approval of the DDA. Escrow closed on September 4,
2005. If the Schedule of Performance i� the DDA was followed, the project
should have been completed by March 2007. The Developer raised an issue with
Redevelopment staff transitions to which he attributed caused some of the
delays.
The Developer has shown some progress towards developing this site. Staff
� recommends that based on recent good faith effort on the part of the Developer,
the Agreement should be amended to reflect a revised schedule of performance.
The revised schedule of performance will provide clear deadlines in which the
Developer would need to adhere to, or else, the Agency may exercise its right of
` reverter. The Agency Counsel may provide additional proposed changes to the
DDA. The Agency will be advised of these changes.
Fiscal Impact:
' There is no fiscal impact associated with the recommendation on this report other
than the estimated time required for the Agency Counsel to draft the amended
DDA.
Coordinated With:
Agency Counsel
City Manager's Office
2
� �
RESOLUTION NO.�nnn n51
A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY MAKING
CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE
, PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
, BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND JAIME
GUTIERREZ,
' WHEREAS, the Lynwood Redevelopment Agency (the "Agency") wishes
to consider the approval of a Disposition and Development Agreeme�t (`DDA")
by and between the Agency and Jaime Gutierrez (the "Developer") for the
disposition of certain real property located at the northeast comer of Fernwood
Ave and Atlantic Ave (the "Site"); and
� WHEREAS, a Project Environmental Impact Report was prepared for the
1980 Amendment to Redevelopment Project Area "A" ("1980 EIR"); and
WHEREAS, the development advances the goais of the 1980
Amendment to Lynwood Redevelopment Project Area "A" ("19g0 AmendmenP')
described in the 1980 EIR which goals are to (1) arrest the decline and decay
and the spread of blight fF�roughout the project area, (2) restore and revitalize
existing residential, commercial and industrial areas to viable cenfers seroing
community and regional needs, and (3) stimulate and attract private investment
-. thereby improving the City's economic health, employment opportunities and tax
base; and
. WHEREAS, the 1980 EIR addresses the environmental impact of the
development pursuant to the proposed DDA; and
WHEREAS, the Agency has prepared an Initial Study and fou d a�d
- determi�ed that a subsequent EIR is not needed because none of the f Ilowing
conditions of Section 15162 of Guidel'ines for the Implementation of the
Califomia Environmentai Quafity Act ("CEQA Guidelines") have occurred
' • Subsequent changes are proposed in the project which will require
important revisions to the 1980 EIR due to the involvement of �ew
significant impacts not considered in the 19g0 EIR; and
' Substantial changes occurred with respect to the circumstances under
which the project was undertaken due to the involvement of the new
significant impacts not covered in the 1980 EIR; and
. _ • New information of substantia� importance to the project has become .
available.
NOW, THEREFORE, the Lynwood Redevelopment Agency hereby
resolves as fo�lows
Section 1. The redevelaptnenf of tfie 5ite provided far by the DDA is
covered by the 1980 EIR which serves as the Final Environmental Impact Report
for the entire Amendment, which Amendment constitutes the "ProjecY'.
Section 2. The redevelopment of the Site provided for by the DDA was
considered in the 1980 EIR as part of the Project.
Section 3. The 1980 EIR was considered prior to the approval of the DDA.
The Agency hereby finds: the redevelopment pursuant to the proposed DDA is
. within the scope of the 1980 Amendment previously approved; the effects of the
redevelopment pursuant to the proposed Final Environmental Impact Report
together with all other development will not cause a sig�ificant effect on the
environment. All feasible mitigation measures and altematives developed in the
� �
Louis Morales, Deputy Executive Director
ATTEST: '
�5���, � �o.��
� Andrea L Hooper, Secretary
� STATE OF CALIFORNIA )
' ) SS.
COUNTY OF LOS ANGELES )
I, the undersigned Agency Secretary for the Lynwood Redevelopment
Agency, do hereby certify that the foregoing Resolution was_passed and adopted
by the Lynwood Redevelopment Agency at a regular meeting held on the �th day
. - �pf December 2004. -
� � AYES: COUNCILMEN PEONOZA, SANTILLAN, VASQUEZ AND RODIRGUEZ
� � . ' � � . � � NOES: �COUNCIIMAN BYRD '
ABSENT: NONE
�� . ABSTAIN: NONE - � �
�-� A� �
Agency Secretary, Lynwood Redevelopment Agency
' ' ' STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
� I, the undersigned Agency Secretary for the Lynwood Redevelopment
Agency, do hereby certify that the above and foregoing is a full, true and correct
, copy o f R esolution N o.�nna n57on file in my office and that said resolution was
adopted on the date and by the vote therein stated.
' Dated this�th day of �ecember 2004.
C��. ol, ��' ,��`--,
Agency Secretary, Lynwood Redevelopment Agency
� • i
� �'��������� ��� ����������� ���������
������
THE LYPlWOOD REDEa/ELOPMEN7 AGENCY
AND
' . JAIME GUTIERREZ
� Northeast Corner of Fernwood Ayenue & Atlantic Avenue
Parce� #6189-026-900
December 2, 2004
This Disposition and Development Agreement, (hereinafter
referred to as "DDA") is entered into by and between the Lynwood Redevelopment
Agency (hereinafter referred to as "Agency"), a pubiic body, corporate and politic,
exercising govemmental functions and powers and organized and existing under the
� Community Redevelopment Law of the State of Calrfomia (Health and Safety Code
Section 33000, et seq.) and Jaime Gutierrez (hereinafter referred to as "Developer")
with reference to the following facts:
, A. The Agency is the Redevelopment Agency for the City of
Lynwood. This Agreement is subject to the provisions of the Redevelopment'Plan and
amendments which are incorporated herein by reference and made a part hereof as
though fully set forth herein. The Redevelopment Plan, in accordance with California
Health and Safety Code Section 33000, provides for and encourages the participation
of property owners in the redevelopment of the project area. In order to participate in
redevelopment projects, owners and developers must agree to develop such property
in conformity with the Redevelopment Plan by entering into an Agreement with the
, Agency to effectuate such development
B. The Agency has ownership of certain unimproved real property
(hereinafter referred to as the "Site") described herein below and located within
the 6oundaries of the Redevelopment Project Area. In conformity with the mandates
of California Redevelopment law, the Age�cy has determined that the Developer's pian
for the Site is consistent with the Redevelopment Plan and is suitable for and in the
best interests of the City of Lynwood in eliminating blight.
C. The Developer is in the business of, among other things, owning and
operating an appliance and repair shop and is desirous of developing,
constructing, and relocating on the Site. The Developer has represented to the
� �
Agency that Developer has the requisi expenence and resources fo adequately and
- buifdS���o�f�rp �o��'��d��`sq�eet wth�equs�ife�paiP<ing aping o be � �
conformance with the City of Lynwood Municipal Code.
In consideration of the mutual promises, covenants, terms and conditions
hereinafter set forth, and for good and valuable consideration Agency and Devefoper
do hereby agree as foilows:
- 1, The Site
The Site consists of approximately 5,130 square feet of unimproved land within
the, City of Lynwood and the. redevelopment area and is bcated on the northeast
corner of Fernwood Avenue and Atlantic Avenue. (hereinafter "Site") The parcel is
identified as Los Angeles County Assessor's Identification Number ("A1N") 6189-026-
900, and is more particularly described by street address and legal description in
Exhibit "A", attached hereto and incorporated herein by this reference.
2. Sale and Purchase
The Agency agrees to sell the Site to the Developer and the Developer agrees
to purchase the Site from the Agency and develop said Site according to the Site Map.
Prior to the transfer of the Site from Agency to Developer, Developer shall prove to the
satisfaction of the Age�cy tfiaf if has sufficie�t funds (such as a commitment leffer for
funding .from a recognized lending i�stitution), to reasonably accomplish the
development of the Site in accordance with this DDA. As consideration for the sale of
the Site, Developer shall pay to Agency through a deposit to the escrow depattment of
Chicago Title the sum of ninety seven thousand doliars ($97,000.00) (hereinafter
"Purchase Price"). Developer shall pay said $97,000.00 into escrow within seven (7)
days after execution of this DDA and the opening of escrow. This DDA shall be
executed by Developer within ten (10) days aftec the approval of this DDA by the
Agency.
3. Deed of Trust
Seven (7) days following the Developer's execution of this ODA, Developer
, hereby agrees to execute and deposit in escrow a Deed of Trust in favor of the Agency
to secure his performance pursuant to this DDA. Said deed of trust shall be a daim,
charge and lien against the Site and shall be in the form and manner as contained in
Exhibit "C attached hereto and incorporated herein by kh�s r,�fere�ce y � ��
. " � � � , f��f 8: . g�n��h� e ���7 �f#�`k�,��a .�
�������f i��l e 's��s�t�;�
. o se upon e Site regain title to the Site and to sell or othervvise
dispose of the Site in such manner and method as the Agency deems to be in its best
i�terest. Said deed tr��,t�(� �Q..d��y ���rd�d with,,the n�ce of los Angeles
County Recorder. Th ,,�,��re"tiy°agr�e� tl�at,f,�}�e�t�e"v.elop,er fully complies vwtk�, �;,:.-�
� , � � �,
C __
all�f"�� :is„es couena��ts�,ari� �ontai!ted in;+ttiisrDDA'andrso-f�l{y
c�tiapii fi�rc� eigh'�een (�8�.months a�ter the Agency apqrpval of thi,� DDA fhe �
� A9 , 9 e�s+'#o r cQnu s � ��
,� ��,,�„�ey �jtl� tl�e Site to the�Developer and the Agency shall have �
no��i or interesf in the Site except�s°"set forth"'`tiy"la�ri�'T�i'e �gei��y'"'•
hereby agrees to�sa�b�rt���# -� sXitaterest in said deed of fryst ko a cons�ructson �oap; t ;�
the proceeds of which shall be used ezclusively to develop and rebca`�e an existing
Appliance Sales and Repair business as reqwred by this DDA. Developer hereby
� agrees that any default by Developer with respect to any construction loan,o[ deed of
� trust securing said construction loan sha!! c�SiquPrenYl�.constifute a default l�y�the �°
Developer under this DDA.
" Developer hereby agrees to pay to the escrow within five (5) days of dem2n�
,. therefor, any and all recording fees, filing fees, documentary stamp fees, notary fees,
processing fees, or other costs, fees or expenses reasonably incurred by the escrow
with respect to the fifing and recording of the deed of trust or any documents
associated with the deed of trust or reconveyance of title after performance by the
Developer. The Developer further hereby agrees to pay to the Agency within five (5)
. days of demand therefor, any and all recording fees, filing fees, documentary stamp
fees, notary fees, processing fees, or other costs, fees or expenses reasonably
incurred by the Agency with respect to the subordination of the Agencys deed of trust
' to any construction foan.
4. Escrow
Agency and Deve�oper agree to open escrow for the transfer of title to the Site
witti the escrow department of Chicago Title in Los Angeles County, on the day
Developer executes the DDA. This DDA constitutes the jaint 'escrow instructions of
Agency and Developer, and a duplicate original of this DDA shall be delivered to the
escrow agent upon opening of escrow.
' Agency and Developer shall provide such additional escrow instructions as
escrow agent shall reasonably require and which are necessary and consistent with
this DDA. The escrow agent is hereby empowered to act under this DDA and shall
carry out its duties as escrow agent hereunder upon indicating its acceptance of these
provisions in writing, delivered to Agency and to Deyeloper within three (3) days after
tfie opening of escrow.
Agency shall deposit in escrow an executed Grant Deed to the Site within seven
(7) days after the opening of escrow.
Developer shall pay the escrow fees, premium for an A�TA Standard Coverage
Title Policy and the documentary transfer taxes, if any, due with respect to the
conveyance of the Site. The Developer shall deposit and pay in escrow the following
withi� seven (7) days after the opening of escrow:
1. The Purchase Price.
� �
2. The executed Deed of Trust.
3. The premium for t(�e ti8e insurance policy.
4. The escrow fees.
S. The commitment Ietter for funding construction from a recognized financial
, institution.
6. Any other documents required by escrow agent.
The Escrow Agent is authorized to:
. 1. Order and deliver to Developer and Agency copies of a preliminary title report
and alf documents referred to in such report for approval by Agency and Developer.
2. Pay and charge Developer for any fees, charges, and costs payable under
this Section. Before such payments are made, the escrow agent shall notify Developer
of the fees, charges and costs necessary to clear title and close the escrow.
3. Disburse funds� insurance policy� deeds and other documents to the parties
entitled tfiereto when the conditions of this escrow have been fuifilled by Agency and
Developec
4. Record any instruments delivered through this escrow; if it is necessary and
,, proper to do so in order to vest title in accordance with the terms and provisions of this
Agreement.
AI6 funds received in escrow from either Agency or Developer sha1F be deposited
by the escrow agent in an interest bearing account with any state or national bank
� doing business in the State of Califarnia with interest payable to the depositing party.
Such funds may be transferred to any other such general escrow account or accounts
during this escrow. All disbursements to the parties hereunder shall be made on the
basis of a thirty (30) day month.
_ The time for conveyance and the closing of escrow shall be within forty (40)
, days of the opening of escrow. If escrow is not in a' condition to close at the time for
' conveyance, any party who then shall have fully performed all acts required to be
performed by that party before the conveyance of title may, in writing, terminate this
Ag�eement and demand the return of its money, papers and documents. If neither
Agency nor Developer shall have fully performed ali of their respective obligations
hereunder concerning the conveyance of title to the Site before the time established for
said conveyance hereunder, no termination of this Agreement or demand for return
shall be effective until ten (10) days after the escrow agent shali have mailed copies of
, . such demand to the other party or parties at the address of the principal place of
, business of such parties. if any objections are raised concerning said demand within
said ten (10) day period, the escrow agent is authorized to hold all money, papers and
documents with respect to the Site until the escrow agent receives further written
inst�uction by mutuai agreement of the parties or, in lieu thereof, by a court of
� �
` competent jurisdiction. If no demand is made, the escrow shall be closed as soon as
possible.
., - The escrow agent shall not 6e obligated to return any such money, papers or
documents except upon the written instruction of both Agency and Developer, or until
the Party entitled thereto has been determined by a final decision of a court of
competent jurisdiction.
Any amendment of these escrow instructions shall be in writing, signed by both
Agency and Developer. At the time of any amendment hereto, the escrow age�t shall
have the obligation to carry out its duties as escrow agent in accordance with such
amendment.
Agency shall not be fiable for any real estate commissions or brokerage fees
' that may arise as a result of this Agreement. Developer represents that it has not
engaged any broker, agent, or finder in connection with the execution of this
Agreement. Developer hereby agrees to indemniTy Agency from liability, from any
• claim for real estate commissions, brokerage fees or finder's fees arising out of any
- statement or wri6�g made by Developer.
5. Due Diligence
Prior to the Closing, representatives of Developer shall have the right to
physically inspect and suroey the Site, to conduct soils, engineering, percolation,
geological, hazardous and toxic materials and environmental and other tests on the
, Property, inciuding without limitation, the investigation of the environmental condition of
the Site to review zoning, building and other app�icable ordinances, laws and ,
regu�ations, to perform feasibility studies and to plan Developer's development of the
Site (hereinaf[er "Inspections"). All Inspections undertaken on the Site by Developer
prior to the Closing shall be done at the sole expense of Developer. '
Developer shall have until the date thirty days (30) days following the opening of
Escrow to approve or disapprove the Inspections and all other matters relating to or '
affecting Developers planned development or ownership of the Site, including without
• limitation, environmental impact reports or negative declarations, any matters dealing
with or which might affect or condition any approval, authorization or permit necessary
: or appropriate to Developer's plans and activities on the Site, zoning and any
agreements relating to any of the foregoing, in each case in Developers sole and
absolute discretion. If Developer shall fail to notify Agency and Escrow Holder of its
disapproval of the Inspections in writing within the Inspection Period, the condition of
the Site shall be deemed approved. If Developer shail disapprove or is deemed to
� have disapproved the Inspecfions, for any reason whether reasonable or not, within
the Inspection Period, (i) this Agreement and the Escrow shall thereupon be
' terminated, (ii) Developer shall receive a return of its Purchase Price less Agency
expenses and incurred obligations related to the development of the Site, and (iii) the
: � �
parties shall be relieved of any further obligation to each other wifh respect to the Sife,
except as oiherwise provided herein.
6. Yitle � Easements
Conveya�ce of ti8e to the Site shall be by grant deed in favor of Developer. Fee
simpie merchantable and insurable title to Site shall be conveyed free and clear of all
recorded liens, encumbrances, covenants, assessments, easements, leases a�d taxes
except those approved by Developer Notwifhstanding the above, e �c�+�sJt�l!
m' tai��� permanet��easem�ent o��he site, vthich ease�ent shall =et�ed aad� .:>�
sh 1'�����t�i�s� c�p��on�'�tt�o��`9i�i►�ti�r�`��tf��` r`�ghY'ko" const�uct�or`cause lo� b�e`�'�
co ed any public oe pr�vate improvemenf it determines to be in fhe best interest , F
of th �ity'or Agehcy on'the Sde • ° � ' ' " " ` �
7. Closing Procedure:
Escrow Agent shall close Escrow for the Site as foliows
a. Record the Grant Deed a�d the Deed of Trust with instructions for the
Recorder of Los Angeles County, Califomia to deliver the Grant Deed to Developer
and the Deed of Trust to the Agency;
b. Instruct the Title Compa�y to deliver the Title Policy to Developer,
c: Deliver Commitment letter from a responsible financial institution for
constNCtion funding to Agency;
d. Fite any informational reports required by Internal Revenue Code
Secfion�6045(e), as amended, and any other applicabie requirements; and
e. Deliver the FIRPTA Certificate, if any, to D'eveloper; and
f. Forward to both Developer and Agency a separate accounting of all
funds received and disbursed for each party and copies of all executed and recorded
' or filed documents deposited into Escrow, with such recording and filing date and
information endorsed thereon together with any funds then to Oeveloper or Agency.
8. Development of the Site
a. Commitment to Develop the Site/Scope oF Development
� ��A(te� tonv�yan�� �f Yhe Site.#o, the, DeYeloper, o�.h fo[ tP�,r�,�,�1��`�3i�
� ���s�a�t`ew�tl�e��Zgeqcy:exeaution::ofdhexO�A=�ttie�CSev�1 agree"s�o'`c�orripfet�afl"""�`'^�
D�e,l,ppgclmprouements and relocate his existing appiiance sa,le repair-business••,�.;t;4�
;tq�l�e�ite. �k�e parties#�ereto 'agree'tHat � the D�veloper shall pay and be
�esponsi6le for all construction costs;'labor,'mafe'rial,"e�5enses, fees,
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wages, and other sums, including the cost of all temporary and permanenf
public . improvements, necessary and required to comple4e
fhe improvements.
Developer shall develop or cause the development of the Developer
Improvements in accordance with the Site Map attached
hereto as Exhibit D, the City Municipal Code and the plans,
drawings and documents submitted by Developer and approved by Agency and
_ within the times specified in the Schedule of Performance.
- Developer agrees for itself and its successors or assignees that, in the
construction and installation of the improvements provided for in
this DDA, that Developer will not discriminate against any employee
or applicant for employment based on race, color, creed, religion, sex, marital
status, age, handicap, national origin or ancestry.
, b. Governmental Entity Permits and Approvals
Before commencement of construction or development of any buiidings,
' structures, orother work of improvement upon the Site,
Developer shall, af its own expense secure, or cause to be secured,
any and all permits which may be required by the City of Lynwood or any other
- governmental entity having jurisdiction over such construction,
development or work. Agency shall provide reasonable and proper ,
non-monetary assistance to Developer in securing any such
'. permits. Developer shall pay ail costs of any permits and fees issued or required by
the City of Lynwood or other applicable regulatory entities.
c. Finai Construction Drawings and Related Documents
Developer shall prepare and submit to Agency, for
architectural review and written approval by Agency, final
. construction drawings and related documents for
, development of the Site within the time set forth in the Schedule
of Performance.
Final construction drawings shall be prepared by Developer
in sufficient detaii to permit the issuance of necessary
building permits. Agency shall have the rightof
architectural review and approval, which approval shall not be ,
unreasonably withheld, of all plans and
submissions for the development of the Site by Developer. In
addition to the above, Developershall submit any and all plans for signage
- or on-site advertising to Agency concurrent with Developer's
. submission of final construction drawings.
Following receipt of any notice of disapproval from Agency,
� � �
_ Developer shall revise any such plans or submissions and resubmit
fhem to Agency for written approval by Agency within the
iime period set forih for resubmission in the Scfiedule of
Performance.
' d.. Revision/Correction of Plans
_ (f any revision or correction of plans or submissions for the development
of the
Site shall be required by the Cify, by any Agency, department or bureau
- of the City, by the County of Los Angeles, or by the State of
California having jurisdiction, Developer shall cooperate in efforts to obtain
the approval of such plans or submissions which have otherwise received the
approval of Agency, or else to obtain the waiver of any such
requirement. If no such approval or waiver is obtained, Developer
shalf be bound by the revision or correction required by any such public
entity.
e. Final Drawings and Changes
The development of the Site shali generally be in conformance with the
drawings and related documents approved by Agency,
except for changes as may be mutually agreed upon by.
Developer and Agency in writing.
If Developer desires to make any change in the final construction
drawirigs and related documents for development of the Site after their
approval by Agency, Developer shall submit the proposed change
to Agencyfior its written approval, Said approval shall not be unreasonably
withheld so long as such changes do not differ significantly from the
- scope of
, development defined in this DDA. Agency shall notify Developer of
approval or disapproval in writing within fourteen (74) days after submission of the
proposed change by Developer to Agency. A proposed change in the final �
construction drawings for development of the Site shall be deemed to be approved by
, Agency unless Agency submits written notice of disapproval thereof to Developer
setting forth the reasons for disapprovai within said fou�teen (14) day period.
9. Taxes and Assessments
The Developer hereby agrees to be responsible for and to pay any and ali Ad
valorem taxes and assessments, if any, on the Site and taxes resulting from this DDA
or any rights hereunder.
10. Schedule of Performance
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��,�e�p ext�7isfons of fime`for caus'es specifically agreed upon in,;wnting by��
Agency, Developer shall complete all construction on and developmeni of the Sife and
obtain Occupancy Permits within (18) months after the execution of the DDA by the
Agency. Developer hereby represents and warrants that he can complete the project
`. in the manner and within the time frames specified in the Schedufe of Performance
tfiat is attached hereto as Exhibit "B".
11. Insurance, Hoid Harmless, Independent Contractor �
At the time of the execution of this DDA by Developer, Developer shall, at his
own expense, p µr��a��+�a{ ��1� durinq' the te�rm of this DDA, maintain in full
force and effect�P'u��Iic Liabdity�s�i�ance as�oilowrs
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a. A policy covering the full liability of Developer to any and all persons
employed by him directly or indirectly; in accordance with the
provisions of the Labor Code, State of California, relating to -. Workers'
Compensation Insurance.
b. A policy of public liability insurance in which the City of Lynwood and
the Agency, its respective officers, employees and agents, shall
be named as additional insured, insuring, indemnifying, saving
harmless and agreeing to defend, including costs of defense, said additional insured
against all lawsuits, losses, damages, liabi�ity, claims or causes oPaction
of any persons arising out of the conduct of the authorized activities and
operations provided in this DDA or related to this ODA, or any
consequence thereof whether directfy or indirectly. Said public ' liability
insurance shall provide for a single limit for liability covered in the
, amount of at least One Miliion Dollars ($1,000,000.00) covering any
period of time that Developer is in possession of the Site or conducting
any activities on the premises pursuant to this DDA, whether or not the activity
occurred within the periods stated in this DDA. Said poficy, or policies, of
insurance shall require that named additional insured be
given thirty (30) days notice prior, to cancellation or change in any
policy, or policies.
' . a The policies aforementioned shall be issued by an insurance carrier
reasonably satisfactory to Agency and shall be delivered
to Agency at the opening of escrow. In lieu of � actual delivery of such
, polioies, a certificate issued by the insurance carrier showing such
policies to be in force for the period covered by this DDA may be delivered to
Agency at the opening of escrow. Such policies and such
certificates shall be in a form reasonably approved by the Agency Counsel.
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d. Developer shall hold harmless, indemnify and defend the City of
Lynwood and the Agency, its respective officers, employees and agents, against.
all lawsuits, losses, damages, liability, claims or causes of action of
any persons arising out of Developer's performance of this DDA ar
ownership and possession of the Site or any of its activities pursuant to this DDA and
the consequences thereof whether directly or indirectly. This hold harmless
agreement shall be interpreted as broadly as possible to provide
the maximum coverage and security to the City of Ly�wood and
. Agency.
e. Developer understands, and the Parties hereby agree, the Developer
,, is an independent contractor and that neither he nor his agents,
servants and employees are servants or employees of the City or
Agency for any purpose whatever. The employees of Developer are the
responsibility of Developer and are not empioyees or agents of the City
or Agency. Developer shall provide such personnel as may be
required to pertorm the terms of this DDA.
12. Rights of AccesslAudit
Officers, employees, agents and representatives of Agency and the City shall
have the right of access to the Site, without the payment of any charge or fee, during
normal construction hours. This right shall commence with the conveyance to
Developer of title and possession of the Site and terminate with the receipt by the
Developer of a"Certificate of Occupa�cy". Access will be for the purpose of
monitoring Developer's obligations and responsibilities under this DDA, including, but
' nohlimited to, the inspection of the work being perfoRned in constructing improvements
on the Site. Such o�cers, employees, agents and representatives of Agency and the
City shall be those persons who are identiFied in writing by the Executive Director of
Agency. Notwithstanding any rights of access by Agency, Agency agrees that any
; inspections and rights of access shall not interfere with any ongoing construction
activities of Developer.
Agency for itself and for the City of Lynwood and other pubiic agencies,
' reserves the right to enter the Site or any party thereof at all times without interference,
for the purpose of construction, reconstruction, maintenance, repair or service of any
public improvements or public facilities located on, under, or near the Site.
, In addition to any other inspection rights conferred by law, upon forty-eight (48)
hours notice to Developer, Agency shall have the right to inspect, audit, review, and
analyze any and all financial records of Devefoper and its assigns pertaining to the Site
and construction thereon, inciuding but not limited to, receipts, expenses, open book
accounts, cash flow reports, and bookkeeping records.
13. Local, State and Federal Laws
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' developer shall perform his obligations and responsibilities under this DDA in
conformity with all applicable federai, state and local laws and regulations, inciudiny all
applicable federal and state labor requirements.
14.Taxes, Assessments, Encumbrances and Liens
Developer shall pay when due all real estate taxes and assessments assessed
' and levied for any period subsequent to the conveyance of title to the Site by Agency
' fo Developer. Deve�oper shail not place or allow to be piaced on the Site any
mortgage, trust deed, encumbrance or lien which is not specifically otherwise
authorized by this DDA. Developer shall remove or have removed any levy or
attachment made on the Site, or assure the satisfaction thereof within a reasonable
time, but in any event prior to any sale thereunder. Nothing herein contained shall be
deemed, to prohibiL Developer from contesting the validity or amounts of any tax
assessment, encumbrance or lien, nor to limit the remedies available to Developer in
respect thereto.
15. Prohibition against Discrimination
' There shall be no'discrimination agaihst or segregation of any person, or group
of persons, on account of race, color, religion, sex, marital status, age, ancestry, or
national origin in the sale,. lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the Site; nor shall DEVELOPER or any person or party claiming under or
through DEVELOPER establish or perrnit any such practice or practices of
disc�imination or segregation with reference to the selection, location, number use or
occupancy of tenants, lessees, subtenants, sub lessees, or vendees of the SITE or
any portion thereof.
: DEVELOPER shall refrain from restricting the rental, sale or lease of the SITE,
,. or any portion thereof, on the basis of race, color, religion, sex, marital status, age,
ancestry or national origin of any person. All deeds, leases, or contracts shall contain
and be subject to substantially the foliowing nondiscrimination or non segregation
' clauses:
a. In Deeds:The grantee herein covenants by and for itself, its heirs,
executors, administrators, and assigns, a�d all persons claiming under or
through them, that tfiere shall be no discrimination against, or
segregation of, any person or group of persons on account of race,
color, religion, sex, marital status, age, ancestry or national origin in the sale,
lease, sublease, transfer, use, occupancy, tenure, employment of the
land herein conveyed, nor shall the grantee itself or any person claiming
under or through the grantee establish or permit a�y such practice or practices
of discrimination or segregation with reference to the selecGon, location, number,
use or occupancy of tenants, lessees, sub tenants, sub lessees, or
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- vendees in the land herein conveyed. The foregoiny covenants shall run
with the land.
b. In Leases:The lessee herein covenants by and for itself, its heirs
executors, administrators and assigns, and all persons claiming under or
through them, and this lease is made and accepted upon and subject to the
foilowing conditions that there shall be no discrimination against, or
segregation of, any person or group of persons on account of race, color,
religion, sex, marital status, age, ancestry, or national origin
in the leasing, subleasing, transferring, use or enjoyment of the land
herein leased; nor shall the lessee itself or any person claiming under or
through the lessee establish or permit any such practice or practices with
reference to the sefection, locafion, number, use or occupancy
of tenants, lessees, subtenants, sub lessees or vendees in the
. land herein Ieased.
c. In Contracts: There shall be no discrimination against, or segregation
of, any person or group of persons on account of race, color,
; religion, sex, marital status, age, ancestry or national origin in the sale,
lease, sublease, transfer, use, occupancy, tenure or enjoyment of the
land, nor shall the transferee itself or any person claiming under or through lessee
estabiish or permit any such practice or prectices with
reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sub lessees or vendees in the land herein leased.
16. Prohibition Against Transfer of the Site, and Improvements, and
Against Assignment of DDA
That Developer hereby agrees and acknowledges that part of the valuable
consideration and as an inducement for the Agency to enter into this DDA is the
Agency's reliance upon the Developer's experience, knowledge, resources, skill and
prior relationship with the Agency. Prior to the issuance of Certificate of Occupancy by
the City of Lynwood for the relocated U.S. Appliances sales and repair business
provided for herein, Developer shall �ot, except as permitted by this DDA, sell,
, tra�sfer, convey, assign or lease any portion of The Site or the buildings or structures
thereon, to which this DDA pertains without the prior written approval of Agency.
17. Right bf Agency to Cure Default Pertinent To a Mortgage, Deed of
„ Trust or Other Security Interest
In the event of a default or breach by Oeveloper pursuant to a mortgage, deed
of trust, or other security i�terest related to the Site prior to the completion of
development of the Site, if the holder has not exercised its option to complete the
development of the Site, Agency may cure the default or breach. In such event,
Agency shall be entitled to compensation from Developer for all costs and expenses
� �
incurred by Agency in curing the default, toyether with interest thereon compufed at
' the maximum rate then allowed by law. Agency shall also be entitled to a lien upon the
Site, or any portion thereof, to secure any and aIi sucfi costs and expenses incurred by
Agency. Any such lien to which Agency is entitled shall be subject to mortgages,
deeds of trust or other security instruments executed for the sole purpose of obtaining
funds to construct and develop the Site, as authorized herein.
• 18. Right of Agency to Satisfy Other Liens an the Site after Title Passes
After the conveyance of title to the Site to Developer, and prior to the issuance
of Certificates of Occupancy by the City of Lynwood for the relocated U.S. Appiiances
repair and sales business provided for herein, and after Developer has had a
reasonable time to challenge, cure or satisfy any liens or encumbrances on the Site,
Agency shall fiave the right, but not the obligation, to satisfy any such liens or
encumbrances and seek reimbursement from Developec Devefoper hereby agrees to
reimburse Agency for any payments made pursuant to this paragraph.
19. Right of Reverter
a. In addition to any other rights and remedies set forth in this DDA, the
fee title to the Site owned by Devefoper together with alI other
improvements thereon shall revert to Agency, at Age�cy's option, if
after conveyance of Title and prior to issuance of Certificates of
` Occupancy for the relocated U.S. Appliances repair and sales business
provided for herein, Developer, or any lender with a secured
, interest prior to that of Agency, or any of Deve�oper's
successors in interest, shali perform or fail to perform any one or more of the
. following;
� e"`c�,�t��a aPy pr�vision of this: DDA justi6ymg�delay fail to �^�
� � roceeddtlig�ently, with the construction of improvements, as required by this
�or'� perioii of thirty'(30) days. �� - �
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' ii. Abandon or substantially suspend construction of the
improvements on the Site for a period of thirty (30) days after receipt of
written notice of such abandonment or suspension from Agency.
iii. Voluntarily transfer, or suffer any involuntary transfer, of the
Site or any portion- thereof, in violation of this DDA; or
� iv. Fail to cure any breach of this DDA within the time allowed after
notice of such breach.
� �
`` � b. ,,,�t the ophon of Agency title to the Site shall automahcally revest `in �
the A�ency upo =���` �.-.- !:. �� n'otic� and recordation by Agehcy' of written �;"�'
natice of this exercise oftliis option'to reverf' Title; expressly subjecf to
the right of any lender to cure, as provided in tfiis DDA or in any
construction loan documents approved by the Agency. Sucfi right of Agency to
repurchase, re- enter and repossess, to the extent- provided in this
DDA, shall be subordinate and subject to, and shall be limited by and shall not
defeat, render invalid, or Limit
i. Any mortgage, deed of trust, or other security instrument
permitted by this DDA;
ii. Any rights or interest provided in this DDA for the protection of
the holder of such mortgages, deeds of trust or other security
instruments.
c. In the event the Agency exercises its right of reverter and retakes title
to the Site
as provided for in this section hereof, the Agency shall remit to the
Developer, after (at Agency's election) satisfaction of any liens,
encumbrances, or construction loans on the Site and deductions
for any and ali costs, expenses, attomey's fees and other sums reasonably incurred by
the Agency and, the Agency's exercise of its right to retake possession
of the Site, the lesser of the fair market value of the Site at the time of the
exercise of reverter or $97,000.
d. The deeds of conveyance of the Site from Agency to Developer and
the Devebper's Deed of Trust provided for herein shall contain
appropriate reference and provisions [o give effect to the Agency's right, as
' provided in this section under specified circumstances to re-enter and take
possession of the Site together with all improvements thereon, and -
terminate and revest in Agency the estate conveyed by Agency to Developer.
!n the event Agency exercises its right of reverter, Developer agrees
to sign, upon demand, any and all documents necessary to effectuate the
• Agency's right of reverter and, in particular, the Agency's right to regain title to
the Site.
20. Defaults and Remedies
a. Except as otherwise specifically provided for herein, the failure ar
delay by either party to perforrn any term or provision hereof
constitutes a default u�der this DDA. Upon receipf of notice, as
hereinafter provided, the party who fails or delays to perform must immediately
commence all necessary actions to cure, correct, or remedy any such
� �/ •
failure to delay, and shall complete such cure, correcEion or
remedy within thirty (30) days.
' b. The non-defaulting pariy shall give written notice oF default to the
party in default, specifying the default of which the party complains. No party
. may institute proceedings against the other party until thirty (30) days after
the non-defaulEing party gives such nofice. Any faiiure or delay in
givi�g such notice shall not be deemed to constitute a waiver or any default, nor shall it
: be deemed to change the time of default.
a Except as otherwise expressly provided in this ODA, any failure or
delay by either party in asserting any of its remedies as to any default
shall not operate as a waiver of any default or of any such rights or remedies,
or deprive either party of its right to institute and maintain any actions or
proceedings which it may deem necessary to protect, assert or enforce any
such rights or remedies.
d. The rights and remedies provided for herein shall be deemed
cumulative and the exercise of any pa�ticular right or remedy shali not
t be deemed a waiver of said party's right to pursue other or different rights, or
remedies. In addition to any otherxights or remedies which it may have
hereunder, either party may institute legal action to cure, correct or remedy any
default, to recover damages for any defauit, to obtain any other remedy
consistent with the purposes of this DDA, or to accompiish any one or
_ more of the foregoing.
e. If either Developer or Agency defaults with regard to any of the
, provisions hereof, the defaulting party shall be liable to the other party
for any damages caused by such default In addition, if either Developer or
Agency defaults under any of the provisions hereof, the
' non-defaulting party may, at its option, institute legal action for specific
performance of the
terms and provisions of this AgreemenL
f. If Developer defaults under any terms or provisions hereof, either prior
to or after conveyance of Title by Agency to Developer,
and such default is not cured as provided herein, final construction
drawings, final landscaping plans, and such other plans and drawi�gs as have
been prepared for the development of the Site up to the date of default,
notwithstandi�g Any contract to the contrary between Developer
and its consultants, shall be obtained by Developer at its
expense and shall become and by the property of the Agency. Developer
shall promptly deliver to Agency any and ail such plans and drawings
upon written request therefore submitted by Agency to Developer.
In such event, it is understood and agreed that Agency or any other
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Developer may use such plans and drawings to complete the
� development of the Si4e or any other development initiated by Agency.
29. Applicable l�aw
The laws of the State oF California shall govern the interpretation and
� enforcement of the terms of this DDA. Any legal action initiated to enforce any right or
remedy pursuant to this DDA, shall be instituted in a court of competent jurisdiction
in State of California.
� 22. Notices '
� Any notice, demand, certificate, request or communication between Agency and .
Developer shall be deemed to be given and received by fhe Parties five (5) days
following the date that it is piaced in the United States mail, registered or
certified mail, postage prepaid, return receipt requested, and addressed to the
principal offices of Agency and Developer as foflows:
AGENCY DEVELOPER
Lynwood Redevelopment Agency Mr. Jaime Gutierrez
, Attn: Executive Director 7420 Gartield Aveoue
11331 Bullis Road Bell Gardens, CA 90201
Lynwood, California 90262
The addresses of principal offices set forth herein may be changed from time to
time by written notice by the Partie�.
23. Conflict of Mterest
,' No member, official or employee of Agency shall have any personal interest,
direct or indirect, in this DDA, nor shali any such member, o�cial, or employee
participate'in any decision relating to this DDA which affects his or her personal
interest or ihe interest of any corporation, partnership, or associate in which he or she
is directly or indirectly interested.
Developer warrants that it has not paid or given, and will not pay or give, any
member, official or employee of Agency or any third person any money or other
consideration for obtaining this DDA.
24. Nonliability of Agency Offlcials and Employees
� No member, o�cial or employee of Agency shall be personally liabfe to
- Developer, or any successor in interest of Developer, in the event oF any defautt or ,
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breach by Agency hereunder or for any amounf which may become due to Developer
or for any obligations under the terms he�eof. �
' 25. �ntire Agreement, Waivers and �4mendments
This DDA is executed in five (5) duplicate originals, each of which is hereby
deemed to be an original. This DDA constitutes the entire understanding and
agreement of the Parties. This DDA may be signed in counterparts, provided all
, original signatures are attached to each original DDA. This DDA integrates ail of fhe
, terms and conditions set forth herein or incidental hereto, and supercedes all
, negotiations and previous agreements between the Parties wifh respect to all or any
- part of the subject matter hereof.
All waivers of the provisions hereof must be in writing and signed by
appropriate officers, employees, agents or representatives of AGENCY a�d
DEVELOPER, and all amendments hereto must be in writing and signed by
appropriate officers, employees, agents or representatives of AGENCY and
�EVELOPER. DEVELOPER acknowledges that he has had ample opportunity for
review and approval of this document by its Attorney a�d that any waiver of
representation is as a result of independent decision. OEVELOpER fudher
acknowledges that AGENCY Attorney is acting solely on behalf of AGENCY.
26. Captions
The captions or paragraph names or tities used herein are for convenience and
reference only. The actual text of this DDA shall govern the rights and liabilities of the
parties hereto.
IN WITNESS WHEREOF, the AGENCY and the DEVELOPER have executed
this DDA as of the dates set forth below, and all pages hereof have been initialed by
the DEVELOPER and a representative of the AGENCY.
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' "AGENCY" " EVELOPER" I
� � - °-��' `;�� ����, � I
Uos ph Y. Wang �� `•-, � i�e Guiterrez --
`--Ir�t€{rim Executive Director Developer i
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APPROVED AS TO F
F`� �
P , �
. ' ��Y+'4, '_ �
�'`t j
Ronald Wilson, Ac�ency Attorney �
y �
�
� �
��Fi1�17' A
LEGI�L DESGRIPI°IOP1 OF SITE
Tract No. 5818, M.B. 140-43
Tract No. 16642 M.B. 393-28-29
The Northeast Corner of Fernwood Avenue & Atlantic Avenue
� Parcel No. 6189-026-900
670=03 QEY/SfO
C 2-ZB'S
� ' . . . . . . �zo.ic.os /-2a61 �
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TRACT NO. 5818 TRACT NO. 16642 � I
� � M. 8. i40 - 43 o M. Bs 393 -28 - 29 . � �. i
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. I �
' HII 90G seiies pa�ce�s on It�ls paye are as e setl � � �
ca:.imunity Devebpment Commisslon o( I
. � Counry a( Loz An9e�es, uNez ofryei�wize nalN. I
V0.&, ASSMT. SEE � ' ss � I
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�lf!-l1�11' �
�CF���(JLE �� �E��t�f�11�ANC�
1. Execution of Agreement by Developer. Ten (10) days after approval of
the DDA by the Agency.
2. Opening of Escrow. Developer shall open Upon execution by Developer.
an Escrow with Chicago Titie.
3. Developer shall deposit in escrow the Seven (7) days after the opening
Purchase of escrow.
Price, Trust Deed, title insurance premium,
escrow fee, commitmenf Iefter from
recognized -
financial institution. Agency shall deposit
grant deed to the Site.
4. Developer Inspection. Within 30 days following the
� opening of escrow.
5. Escrow Closing Within 40 days foAowrng the
. . opening of escrow.
� 6. Submission of Development Concept Plan. Within 90 days after the executior
of the DDA by the. Developer.
7. Resubmittal of Development Concept Pian. Within 14 days of Developers
receipt of rejection of �
Development Plan. �
�
8. Submission of Final Construction Plan. Within 180 days after execution
of DDA by Developer. �
;
I
9. Developer shall furnish to Agency the Opening of escrow. �
required
evidence of liability insurance. (
i
10. Developer shall obtain ail permits required Within three (90) ninety days ,
by the City or any other governmental agency. after Agency approval of Final i
Construction Plans and prior to I
the start of construcYion of ,
Devefoper Improvements on the I
Site. �
I
�
� �
11. Developer shall commence constructiop� af Within ninefy (90) days affer
-. Improvements on the Site as provided in the Agency approval af (°inal
- Scope of Development and Final Construction Construction �'lans and prior to
�'lan. the start of construction of
, Developer lmprovements on the
" Sife.
� . . e y � �a��
12. Completion of Construction. Developer �`��`�'een" (1 )` it� r� ,�?�x r the
shail complete the Developer Impi a� �, �"�F �� ��
p = �� �'z`{��A.
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�EED �F `f�t�S`P
(To Be Inserted)
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�5 1�60�97
RECORDED/FILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
, CALIFORNIA
08/04/05 AT 08:OOam
TIl'LE�S) a
I II�IIIII I�II IIIII IIIII III fl�llll� I�II �I�I� IIIII IIIIIf II ll�l
L E A D S H E E T
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.Assessor's Identification Numb�r (e41fd)
i'� k�e completec� !�y �xaminer OFi Title �oanpany in black iaroK. Numlaer af e�IN'� Showr�
`�k71� ���N9 �� f�@��' `�� �� ��1��I�A�°��
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� � �F�'I�II�I, �iI��T�TESS
L�a�ument e�Yitled t� ft�e
recor�ing �eg• Gove�nn�eni
Code Section 6iO3. _
I�ecocding Reyuested by �nd � �
. VJhen Recqrded MaiI to: ��� Q��'�
THE LYNV✓OOD REI3E (/ELOPTvIENT AG�NCY
11330 Bullis Road
_ Lynwood, Catifornia 90262
Attn: �xecutive Director
SPACE ABOVE THIS LINE
FOR RECORDING US�
I�EEID OF 1'IiIIST
Securing Payrnent and
Perforrrtance Under that certain
, Purchase and Sate Agreement
This DGED OF'TRUST is made this 1 th day of J,lne , 2005, by and between
Jaime Gutienez (hereinafter "Trustor°), the Chicago Title Company, (hereinafter "Trustee"), and the
LYNWOOD I�EDEVELOPMGNT AGENCY OF TI-I� CITY OF LYNWOOD, CAL]FORIVIA, a
public bddy, corporate and palitic (I�ereinafter "Beneficiary").
Trustor grants, transfers and assigns to Trustee in trust, upon the trusts, covenants, conditions
and agreements and for the uses and purposes hereinafter contained, with power of sale, and right of
entry and possession, all of it5 title and interest in that reat properiy (the "Site") in the City of
Lynwood, Caunty of Los Angeles, State of California, commonly refened to as the "Atlantic &
Fernwood" as more particularly described in Exhibit 1:
_ Together with Beneficiary's interest in all buildings, shuctures and improvements of every
nature whatsoever now or hereafier situated on the Site; and
Together witli the rents, issues and profits thereof; and together with all buildings and
improvements of eaery kind and description now or hereafter erected or placed theeean, and a11
fixhues, including but not limited t.o all gas aud electiYC fixtures, engines and maclunery, radiators,
heaters; fuenaces, heating equipment, tauudry equipment, steatn and hot-water boilers, stoves, ranges,
elevators ancl niotors, bathtubs, sinks w�ter closets, basins, pipes, faucets ancl othea� plimibin� aa�s�
l
9-, a . _ _.�
_ _ .. , � r r ..�-� w -.. - . . . . . . . .
� � � � ,el ?1���,;7���'� �
�L�aq��� ��se� ra��t��s �a�'�ets� a�i�;�exz��za�� �ad��a ��f�� ge��g�rat�rti•s � �n��t��a���� oa
othei wise, coo(Qn� apparatus and �7puite�ances, and a(l shaaes, awnings, scte�ns, bl'uicls z�Zd othei
fug dke�� sh�l? Cc� the exi�nY �„a, H� law b� d�eaflfled t� ls;, pe�aei�aa�y a�fixedi to a�fld ���a� i
of the realty; and
Together wath all buildic�g materials and equipmettt now or hereafter delivered to saic�
premises and intend€d to be install�d and eonstruet�d thereon and therein; and
Together v,rith all plans, drawin�s, specifications, etc., and arl icles ofpeisonal pa�operty now c�r
, hereafter attached to or used in and about the building or buildings now erected or hereaftee to be
, erected on fhe Site which aee necessary to the completion and comfortable use and occupancy of such
-. buildinb or Uuildings fpr the purposes for which they weee or are to be erected, including all othcr
goods and chattels and personal properiy as are ever used or fumished in operrating a bui lding, or the
activities conducted therein, similar to the one herein described and referred to, and all renewals oe
replacements thereof or articles in substitution fherefor, wheYher or not tlie same are, or shall be
attached to said building or buildings in any manner.
The Trustor to have and to hold the real property hereinbefore described (including the Site
and all appurtenances), all such property being referred to collectively herein as the "Properiy,° fbr
the purpose of securing (1) the performauce of each agreement of Trustor in this Deed of Trust; (2)
. the performance of each agreement of Trustor under the DDA by and between Trustor ancfl
Beneficiary, on file in the Office of Beneficiary; (3) the perfarmance of each agreement and covenant .
, of Trustor under tfiat certain "Grant �eed" recorded concurrenUy herewith, by and between Trustor
("Grantee° therein) and Beneficiary ("Grantor" therein); and (4) all extensions, amendments,
mociifiCations oc• e�enewals of flie I�DA however evidenced, and addifional advances eyidenced by any
note reciting that it is secured hereUy;
AND TO PROTECT "I'HE SECURITY OP THIS DEED OP TRUST, TRUSTOR COVCNANTS
AND AGREES:
1: That it wilt pay all sunis due and payable set forth, in the DDA at the time and in the
manner provided theeein;
2. That it will not perniit or suff�er the use of any of the Property for any purpose ofller
than the use for which the same was intended at the time this Deed of Ttust was executed;
3. That the DDA and the Grant Deed (collectivel�+ the "Agency I�o�uments") aae
incoiporated herein and made a part of this Deed of Tiust. Upon default under the DDA or this Ileed
of Trust oe upon violation of the covenants contained in the Grant Deed, Beneficiary, as its option, may
declare a defai�lt and re-enter aud retake possessiou and Title to the Property;
2
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4. T'�ag alt rr��c�, p;-�i�� ��P i�a��rr�P �e�or� ths; l�tvp��ey �v���ed i�y tP as D��,e� �� A�se aA•�
- la�reby assigned to �enefi�iaf y for tlie put•pmse of disehae che debis aild obligation:� hea�bJ sPcurec�.
, Pemussio¢e is heteb� g�vc�t to Tra�se�r so long as no defaudk e,cists h�reaander, fo colleci saacka re�ots,
profits and income;
S. That upan default hereunder or under the Agency I3ocuments, Benef�c�acy shall be
entifled to the appointment of receiver by any cowrt having j��risdiction, withotit notice, to Yake
, possession and protect the Property described herein and operaYe the same and collect the �nts, peofi9s
and income therefrom;
6. That Trustor will keep tl�e improvements now existing or hereafter crected on the Site
, insured against loss by fue and such othec hazards, easualties and contiagencies as may be requiretl in
writing from tiine to time Uy Beneficiary, and all such insurance shall be evedenced by standard fire
�nd extended coverage insurauce policy orpo(icies. In no eveut shall the amounts of coverage be less
than one hundred percent (100%) of the insm•able value or not less than the unpaid balance of the auy
. deed of trust on the Properly which has priority over this Deed of Trust and this Deed of Trust. (For
purposes of tliis Deed of Trust insurable value shall mean the total replacement cost of the
improvements). �uch policies shall be endorsed with staaidard mortga{;e clause vaith loss payable to
Beneficiary and certificates Chereof togeYher with copies of original policies shall be depositecl witl�
_ Beneficiary;
7. To pay, at least ten (10) days before delinquency, any taxes and assessments affecting
said Properiy when due, all encumbeances, charges and 1'aens, with interest, on said Propea°ty or any
palt thereof which appear to be prior or superior hereto, all costs, fees and expenses of this Deed of
Trust;
' 8. To keep said Property in good condition and repair, not to remove or demolish any
; buildings thereon; to complete or restore promptly and in good and workmanlike manner any building
° which may Ue constructed, damaged, or destroyed thereon and to pay when due all claims foa labot�
performed and materials furnished therefor (unless contested in good faith if Trustor provides security
satisfactory to Beneficiary that any amounts found to be due will be paid and no sale of the Property or
other impairment of the security.hereunder will occur); to comply with ail laws affecting said Property
or requiring any aiterations or improvements to be made thereon; not to commit or peimit waste
thereof; not to commit, suffer or pei any act upon said Property in violation of law an/or covenants,
cond'ations and/or restrictions afFecting said Properiy (including, but not limited 10, the Grardt Deed);
not to permit or suffer any alteration of or addition to the buildings or improvements hereafter
constructed in or upan said Peoperiy withouf the consent of Beneficia�°y;
, . 3
�� �����2��
� � ,3i'11�I'Iii�� �
9. - �'o ��r��� ara ��d dPfe�d ��r �ccio� oi pa•���ecli�e� ptai�oe�i�sg ti� aff'��i th� s��z�a�i�
hereof oc the rights or povvers ofLenenciary or Trustee, anc� to pay all costs and expunses, includieig �
, cost of evidence of tit(� a�ed ai�o� f�es ia? a eeasonable saem; in a�2y sucl� actio� or pxo�e�.dang if�
which I3eneficiaey or Ti°ustee may appear;
10: Should Trustor fait to malce any payment or do any ac;t as herein peovided, ihen
Beneficiary or Trustee, 6ut withouC obligation so Co do and without notice to or demand upon 1'rustor
and without releasing'I'rustor from any obligation liereof; may make or do the same in such manner
and to such extent as either may deem necessary Co protect the security hereof. i3eneficiaiy or Trustee
being authorized to enter upon said Properry for such pwposes, may commence, appear in and/or
defend any action or proceeding purporting to affect the security hereof or the rights or powers of
Beneficiary or Trustee; may pay, purchase, contest or compromise any encumbrance, chazge, or lien
which in the judgment of either appears to be prior or superiar heeeto; and, in exercising any such
powers, may pay necessa�y expenses, employ counsel, and pay his reasonable fees;
11. Beneficiary shall have the right to pay fire and other property insurance premiums
when due shou(d Trustor fail to make any required premiuxn payments. All such payments made by .
. Beneficia�y shall be added eo the principal sum secured hereby;
12. To pay immediately and without demand all sums so expended by Beneficiary or
_. Trustee, under permission given under tliis Deed of Trusi; with interest from date of expenditure at Che
rate specified in any Agency Note or, if there is no note, at the hibhest (awfiil rate unpaid judgments;
13. That the Agency PropeRy couveyed hereunder is to be used for the acquisition and
development of Uxe Proparty in accordance with the requirements of the DDA.
14. Trustor furCher covenanfs that it will not voluntarily create, suffer or permit to be
created against the Property, subject to this Deed of Trust, any lien or liens except as authorized by
Beneficiary and fixrther that it will keep azid maiutain the Properry frea from the claims of all persons
' supplying labor or materials which will enter into the construction of any and al l buildings now being
erected or to be erected on the Site; ,
15. That any and all improvements made or about to be made upon the Site, and all plans
and specifications, coinply with all applicable municipal ordinances and regulations and alt other i
regutations made or promulgated, now or hereafter, by lawful authority, and that tl�e same will upon I
completion comply with all such municipal ordinances, bui Iding codes, and other regtilations and with i
the rules oFthe applicable fire rating or inspection organization, bureau, association or office; �
16. Tnastor hereica agrees to pay to Beneficiary or to the authorized loan servicing
I
representa[ive of Beneficiary a charge for providing a statement regarding the obligation secured b}� i
4 I
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;i�ir,l�,{1;�11,� °�
tlus Dee�l oP Z�vsi as �t�mvided b3� 5ectio�2 295�, ��ii�le 2, �hapEet� �, Title t�, Ja��isiot2 3 of clee
California Civi( Code. �
I"1' IS MUTUAI,LY AGR�ED THA1':
17. IPthe developenent of lhe improvements as set forth in the DDA shall not be carried oud
with reasonable diligeuce, or sl�all be discontinued at airy tune for any reason other than strikes or
lockouts, Bcneficiazy, after due notice to Trustor or any subsequent owner, is hereby invested with fuli
and compleCe authority to enter upon Cha Site, employ waCchmen to peotect such improvements from
depredation or injury and to preserve and protect Uie personal property lherein, andYo continue any and
all outstanding contracts for the erection and canpletion of said buitding or buildings, to make and
enter into any contracts and obligations wherever necessary, either in its own name or in the name of
Trustor, and to pay and discharge all debts, obligations and liabilities incurred thereby. All such sums
. so advanced by Beneficiary shall be added to the principal of the indebtedness and shall be secured by
this Deed of 1'nut and shalt be due and payable on demand with interest at thc higl�est lawful rutc for
unpaid judgments;
18: Should the Yroperty or any part thereof be taken or damaged by reason ot'any public
improvement or condemnation proceeding, or damaged by tire, or earthquake, or in any oiher manner, '
Beneficiary shall be enCitled to all compensation, awards, and other paymcnts or relief tlierefor, and
sha(1 be entitled at its option to commence, appear in and prosecute in its own namq any action or
proceedings, or fo malce any compromise or settlement, in co�mection with sucl� Y<ilcing or damage_ All i
such coinpensaYion, awazds, damages, rights of action and proceeds including the procceds of any �
policies of fire and other insurmce affeciing said Property, are hereby assigned to Beneficiary. After �
deducfing therefrom a(I its cxpenses, including aUorney's fees, the balance oPthe proceeds shall be
applied to the �unoimi due under the DDA and any applicable Agency Nofe secured hereby. No
amount applied to thc reduction ofthe principal shall relieve Trustor from making additional payments I
as required by the DDA and any applicable Ageucy Note sccured hereby; j
19. [f Trustor shall fail to perCorm any covenant or agreement in this Deed oPTrust, or the
- Agency Documents within thirty (30) days after written demand therefor by Beneticiary, I3eneficiary I
may declare all sums secured hereby immediately due and payable by delivery to Trustee of written
declaration of default and demand for sale, and of written notice of defautt and oPelection to cause the
Property to be sold, whic(t noticc Trustee shall cause to be duly filed for record and Beneficiary may '
foreclose this Deed of Trust. Beneficiary shall also deposil with Trustee this lleed of Trust, the DDA I
and all documents evidencing expendih�res secured hereby. �
20. After ihe lapse ol�such time as may then be required by law following thc recordation of '
said notice of default, and notice of sale having been given as then required by law, 'Crustee, without �
demand on Trustor, shall sell said Properiy at the time and place fixed by it in said notice of sale, either �
I
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� rl �� y l�������i) �j
^ as z vvho�� a� a� s�riaw�� p��r��� a��d � suc�a a��d�r z�s it �ra�;� ���� z�€Ja'LV a� ��aFa��� a���iio� §=aa Yh� �a�h�sc
Uidde�� foz cash in lawful money mf the United 5tates, payabl� a.c tic��e af sale. Tt�ls2ee znay postpon�
sale of a[1 or aca� poriion of said I'ropetTy by public annoua����nien� at tiie time a�ad plac� �f �alc, art�
from time 2o tirrc� tl�ereafter may postpone t(te sale by public announcement at ihe tir�ie rzxed by the
preeeding pos2ponement. Trustee shall delivea� to the purchaser its deed conveying the propef�iy so
sold, but without any covenant or warranty, express or implied. The recitals in the deed ofany matters
• or facts sha11 be conclusive proofof the truthfuluess thereof An3� person, including Tnastoe, Tnast� o€
Bene�iciary, may purchase at the sale. Trustee shall apply the proceeds of sale to payment of (1) the
expenses of such sale, toge2her with the reasonable expenses of this trust includ'ang therein reasonable
Trustee's fees or attoineys' fees for conducting the sale, and the actual cost of publishing, recording,
mailing and posting notice of the sale; (2) khe cost of any search and/or other evidence of 6tle procured
iu connection with such sale and revenue stamps on Trustee's deed; (3) all sums exp�nded under the
: terms hereof, noY then repaid, witn accrued interest at the rate specified in the DDA, at the highest
� lawfulrate for unpaid j udgments, (�) all other sums then'secured hereby; and (5) the remainder, ifany,
, to the person or persons lebally entitled thereto;
21. Beneficiary may from Yime to time substitute a successor or successors to any Trust�e
named herein or acting hereunder to execute this Deed of Trust. Upon such appointment, and without
conveyance to the successor U1�stee, the latter shall be vested with all title, powees, and duties
conferred upon any Trustee herein named or acting hereunder. �acln such appointment and substitutio�
sha(t be made by written insk�uinent executed by Beneficiary; containing reference to this Deed of
Tius[ and its place of record, whicta, when duly recorded in the proper office of the county or counries
in which the property is situated, shall Ue copclusive proof of proper appoinhnent of the successor
' . irustee;
22. The pleading of any statute of Idmitat'rons as a defense to any and all obligations sc:cured
by this Deed of Trust is hereby waived to the full extent permissible by law;
23. Upan written request of Beneficiary statirig that ali sums secua�ed hereby have been paid
. and all of Trustor's obligations pursuant to the Agency Document have been fulfilled and upon
surrender of this Deed of Trust to Trustee for cancellation and retention and upon payment of its feas,
Trustee shall reconvey, without warranty, the property then held hereunder. The recita(s in such
reconveyance of any matters of fact shalt be conclusive proof of the huthfulness thereof. Tlie grantee
, in such reconveyance may be described as"the person or persons legally entitled thereto;°
. 24. The �ust cceated hereby is ieeevocable by Trustor;
25- Tlus Deed of Ttust applies to, inures to the benefit of, and binds all parties hereto, their
heirs, legaEees, devisees, adminisiratoes, executors, successors and assigns. The term "BeSieficiary°
shall include not only the original �eneficiary hereundc;i• b�;t also any future awner and holder
- 6 j
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� � ���) ��-w =i ., . __. , a . .__ � .
• :il���ii:;�� ;�i
inel�arling g�derl�s:es, or 1he �I2� seca����d herebp. 8� 2l�as Leed of 9�vsi, �N1�eneve� �he con��ex_'t so
requires, the masculine gender includes the teminine arid%oa• neater, ar�d the singulae nt�mber includ�s
the plural. All o�ileg� 1ia�i�s of eac;h Tr�sYor her�;�areder are joinY aad seveial;
26. Trustee accepts this t�ust when tPus Deed of Tr�isi, duly executed and acla�owledged, is
made public record as provided by law. Except as otherwise provided bylaw Tivstee is not obligated
to notify any party hereto of pending sale under this Deed of T�ust or of any action or proceeding in
which Trustor, L3eneficiary or Trustee shall be a party unless brought by Trustee;
27. Tlie undersigned T'n�stor requests thaf copies of any notice of default and of any notice
of sale hereunder be mailed to it al 7420 Garfield Ave., Bell Gardens, CA 90201, Attention: Jaime
Gutierrez.
28. This Deed ofTrust contains tlie followipg limiCations on the righf ofTrustor to transfer
tlie Properiy (as defined in the Deed of Trust);
Trustor agrees that i'n the event of aa�y trausfer of the Properiy wiChout
tlie prior written consent of Beneficiary, Beneficiary shall have the '
absolute right at its option, without prior demand or notice, to declare a
default. Consent to one suct� transactiou shall not be deemed to be a �
waiver of t6e right to require consent to future or successive I
transactions. Beneficiary may grant or deny such consent in its sole I
discretion and, if consent should be given, any such lransfer shall be �
subjeci to this Deed of Trust, and anysuch transPeree shall asswne all �
obligations hereundcr and agree to be boue�d by dI( provisions contained �
herein. As used herein, "transfer" includes ihe sale, agreement to sell, i
hansfer or conveyance ofthe Property, or any portion thereofor interest �
therein, wheUier voluntazy, involuntaiy, by operation of law or �
otherwise, the execution ofany installment land sale contract or similaz I
instrument affecting all or a poition of the Property, or the lease of all j
or substantially all of the Property. "Transfer" shall also include the I
transfer, assignment, hypotliecation or conveyance of legal or beneficial I
ownership of any partnership interest in Trustor or any conversion of �
Trustor to a different form of business entity. j
29. 1'rustor shall pernut Beraeficiary aad its agents or representatives, to inspect the Peoperty �
at any and all reasonable tiines, with or without advance notice. Inspections shall be conducted so as I
not lo enterfere with the tenants' use and enjoyment of the P'roperty. �
�
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30. Ti°usiou� sh�11 be sud�j�ci eo a�ci cm� wi�+ all oi r�2� rzstri��o[ns sPi ao�71a in Ydae l-�g�ncy
DocumenYs arie� �tvstoe• her•eby causei�ts ta such t�estrictior�s and agt•ees Co be bouf�d 2hes•eby. 5ucf�
eestriciions sE?all be in acld'a2iarn to ar�el noc in lianitati�n oa`the aigP�ts of Beiieficzary expr�ssty set forlh
in this �eet� of TrYest
31. For purposes of this Deed of Trus7, "Hazardous Materials° mean anci include any
hazardous, toxic or danberous waste, substance or rnaterial inclading, without limitation, tlainmable
explosives, radioactive materials, asbestos, hazardous wastes, toxic substances and any matcrials or
substances de6ned as hazardous matcrials, hazardous substances or toxie suUstances in (or for
purposes o� the Comprchensive Environmental Response, Compensation and Liability Act of 1980
("CERCLA"), as amended (42 U.S.C. §§9601, eC. se .), the Hazazdous Materials Transportation Act
(49 U.S.C. §§1801, et• seq.), thc Resource Conseevation and Recovety Act (42 U.S.C. §§6901, et. seq.)
and those substances defined as hazardous wastes in §25117 oPthe Califomia Health and Safcty Codc
or as harardous substances §25316 of the California Health 1ud Safety Code or in a�iy regulations
promulgated under eit6er such law, any so-called "Superfund° or "Superlien" law, or any other federal, I
state or local sfatute, law, ordinauce, code, iule, regulation, ordcr or decree regulating, relaCing to, or
imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, �
substance or niatei�ial, as now or at any time hereafter in efPecC.
32. In addition to the general and specific represcntations, covenants and warranties sei I
forth in the Deed of Trust or otheiwise, Trustor represents, covenants and wairants, with respect to
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Hazardous Materials, as follows: ,
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(a) Neither Trustor nor, to tlie best knowledge of 1'rustor, any other person fias
ever caused or peruiitted any Hazardous Materials to be manufactw�ed, placed, held, IocaYed or ' �
disposed c�fon, under or at the 3ite or any p�ut thereof, and neilher the Site nor any part thereof, or any �
property adjacent thereto, has ever been used (whether by tlie Trustor or, to fhe best lcnowledge of the �
1'ivstor, by any oUier person) as a manuPacturing site, dump site or storage site (whether peimanent or
temporary) for any Hazardous Materials;
(b) Trustor hei�eby agrees to indemnify Beneficiary, its officers, employees, I
contractors and agents, and hold BeneFiciary, its ofiicers, employees, contractors and agents
(collectivety the "Agency") harmless from and against any and all losses, liabililies, damages, injuries, �
costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted '
against Beneficiary, its otTicers, employces, contractors or agents for, with respect to, oe as a direct or i
iudirect result of, the presence or use, geueration, sCorage, release, threateued release ar disposal of
Hazardous Mateiials on or under the Site or the escape, seepage, leakage, spillage, dischazge, emission !
or release of ariy Hazardous Materials Prom tlie �ite (including, without limitiation, any" (osses, �
liabilities, dama�es, injuries, costs, expenses or ciaims asserted or arising under C�RCLA, any so-
called "Superfiuid" or "Superlien" law, or any otlier fede���d, state or local stahite, law, ordinance, code, !
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�1d_e regi�laiio�i, order a� clecree regula2i�g, r�l�ta� to oa• ina�msing liabili�� or staaadaeds of�cond�ci
conceening any EIazardous Materials), E•egarciless of wheth�r or uoi caused by, or wiYhin tize conte�l oi
Taustor. I nolwithstrandi�e�; the foregoi�ag, in no everst shall tt2e above indemniiicatioF� b�
construed by any oPChe parties hereto to apply to any p�rty other than the Agency nor shat] i[ preclude
the Trustor froen asserting any rights or claims it may have against any other partics relaiive to such
escape, seepage, leakage, spillage, discharge, emission or release ofany Hazai•dous Materials from the
5ite as set forth herein above.
(c) Trustor represents and warrants that it has not received any uotice of- (i) ihe
liappening ofany event involving the use, spi(lage, discli�u or cleanup ofany liazardous Materials
("Hazardous Discharge') aCfecting Trustor or the Properiy or (ii) any complaint, order, citation or
notice with regard lo air emissions, water discharges, noise emissions or any other environmenCal,
heallli or saf'ety matter affecting Trustor or the Site ("L•'nvironmental Complaint") from any person or
entiry, including, wilhout limitation, the United States Gnvironmental ProCection Agency ("CPA"). If
1'rustor receives any such notice after the dafe hcreof, then Trustor will givc, within seven (7) business
days thereafler, oral and written notice of same to Beneticiary.
(d) Wifhoutlimitationoi'I3eneficiary's rights underUiis Deed ofTrust,l3eneficiary �
shall have tlie right, but not the obligacion, to enter onto Che Properry or to take such other acfions as i t
deems necessary or advisable to clean up, remove, resolve or minienize the impact oE, or otherwise deal I
with, any such Harardous Materials or Environmental Complaint upon ils reccipt of any nolicc from '
any person or entily, including withouf limitation, the EPA, asserting the existence of any Hazardous �
Materials or an Euvironmenlal Complaint on or pertaining to the Site which, iftrue, could result in an �
order, suit or other action against Trustor afPecting any part of thc Site by any governmental agency or I
oiherwise which, in the so(e opinion of Beneficiary, could jeopardize its security under this Deed of
Trust. All reasonable costs and expenses incurred by Beneficiazy in the exercise of any such rights i
shall be secured by this Deed of Trusc and sl�all be payable by Trustor upon demand tobether wich �
interest thcreon at a rate equal to the highest rate payable under the DDA secured hereby. �
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(e) The foregoing representations, covenants, indemnities and warrauties shall be '
continuing and shall be hue and correct for thc period from the date hereof to the release of this Deed !
of Trust (whether by payment of the indebtedness secw�ed hereby or foreclosure or action in lieu �
thereo�, and these representations, covenanfs, indemnities and warranties shall survive such release. �
33. The fol(owing shall be an Event of Default:
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(a) A viotaYion or breach of any of the terms, conditions or covenants of 9he
Agency Documents ar this Deed of or �
,
(b) A default under any deed of tivst Lhat is senior to this deed of tzust.
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34. Upmn the occui��eYice of an �v�nc of I)efa.ult as desc�ibed in Section 33, Beneticia�ry
may by actioil, suit oe p�oceedinb at la�w ox• ux eq�iiy, sue fo[•, ��ed enfs�rce payment of any a�ad all
amounts due b�'t'rustor pursuant to the terms of the DDA and/or sue to enforce Ehe performance of �l�e
obligations oPTrustor under the �gency Doeuments, subject to Yhe terms and conditions ofthe Agenc3�
Documents.
35. All expenses (including reasouable atCorney's fees and costs and allowances) incureed in
connection with an action to foreclose, or the exercise of any other remedy provided by this Deed of
Trust, including the curing of any Event of Default, shall be the responsibility of Trustar.
36. Each such successor owner of an interest in the Pinperiy other than through foreclosure,
shal( take its interest subject to this Deed of Trust.
Jaime Gutierrez
� ' � (°Trustor°) �
Dated �%6= :�e�'-r� 5_ �y: �� v( �, -..�',.__ �.,��-_
Ja n�e Gutierrez
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STATE OF CA �� IPOR lA ! }
COUNTY OP Lvt �f'�;'%�,9F' �; } ,�'.S.
On �. ���? ��`� � L f�fl�r before me, ii6'-� ,:. f= ��! V'��'� i1i� ��
___��L U '^( i � ll . a �1 �
(here insert nam�,.�an title of the officer), person<<Ily appeared �� iS^fi ". ��-���r�r.� ��
p�r�caaaaal�-�e�ae�wa-d�°i�e (or proved to me ou the basis of satisfactory evidence) to be the
person�ej'whose name�.�is/a4ra'subscribed to the wiChin instrument and acknowledged to me that
he/ska4l�y..execuCed tl�e same in his/h��}ieif auChorized capacity i,, and that by his/I�i��Hair �
signature(,a� on the instrument t6e person�!or the entiCy upon behalf of which the person��
acted, executed [lie instrument. -
WITNLSS my haud and ofticial seal. r GINA A. F10DRIGU[Z �
p ' corwM. a�ass000
U �� � NOTAFYPUBLIC-CAUFORNIA � � �
� A I OS ANGI'11:5 COUNIY n
Ml' f.OMM. I.RI'IHL S I)I. C. 8. 7_007
Signatur �: l v__v�____ ___.j I
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I,EGAI. D�SC�IPT'ION
THAT PORTION OF LOT 1 OF TRACT NO. 16642, IN THE CITY OF LYNWOOD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 393, PAGES 28
AND 29 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE ALONG THE
WESTERLY LINE OF SAID LOT S 18°57'17" W, 35.18 FEET TO A TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE SOUTHEASTERLY ALONG
SAID CURVE THROUGH AN ANGLE OF 87°23'10", AN ARC DISTANCE OF 22.88-FEET; THENCE S
68°25'53" E, 85.82 FEET TO A POINT IN THE EASTERLY LINE OF SAID LOT, DISTANT A�ONG
, SAID EASTERLY LINE S 18°57'09" W, 53.97 FEET FROM THE NORTHEASTERLY CORNER OF
SAID LOT; THENCE ALONG SAID EASTERLY LINE N 18°57'09" E, 53.97 FEET TO SAID
NORTHEASTERLY CORNER; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 1 N
70°59'08" W, 100.05 FEET TO THE POINT OF BEGINNING.
EXCEPT ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NAUTRAL GAS �I
RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN �
OR UNDER THE HEREIN CONVEYED PARCEL OF LAND, AND THE RIGHTS THERETO, '
TOGETHER WITH CERTAIN OTHER CONDITIONS, AS EXCEPTED IN PARCEL 58122 OF FINAL
ORDER OF CONDEIVINATION (STATE PARCEL 58122) RECORDED JANUARY 24, 1973 IN BOOK
D5739 PAGE 960 OF OFFICIAL RECORDS IN SAID OFFICE. �
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