HomeMy Public PortalAboutA1990-04-03LRA-r y
0 - 71
LYNWOOD REDEVELOPMENT AGENCY
11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (213) 6030220
Robert Henning, CHAIRMAN
Paul Richards, VICE CHAIRMAN
Louis J. Heine, MEMBER
Armando Rea, MEMBER
Evelyn Wells, MEMBER
A G E N D A
LYNWOOD REDEVELOPMENT AGENCY i fP
L/
April 3, 1990
REGULAR MEETING
7:30 P.M.
LYNWOOD CITY HALL, 11330 BULLIS ROAD
ROBERT HENNING
CHAIRMAN
PAUL H. RICHARDS II
VICE CHAIRMAN
ARMANDO REA
MEMBER
EXECUTIVE DIRECTOR
CHARLES G. GOMEZ
C! T Y OF I_YN"NOOD
C ;l `i
"4:',f; o 1990
AM F
71819110 1111121112131 X11516
LOUIS J. HEINE
MEMBER
EVELYN WELLS
MEMBER
AGENCY COUNSEL
JAMES D. CLARK
OPENING CEREMONIES:
A. Call Meeting to Order.
B. Roll Call. ( HEINE REA- RICHARDS- WELLS)
C. Certification of Agenda Posting by Secretary.
1
2
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items only)
ITEMS FOR CONSIDERATION:
MINUTES OF PREVIOUS MEETING
Regular Meeting of March 20, 1990
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
LYNWOOD, CALIFORNIA ALLOWING AND APPROVING THE DEMANDS AND
WARRANTS THEREFOR.
1
0 9
JOINT PUBLIC HEARING ITEMS
3. REQUEST FOR AGENCY CONSIDERATION OF APPROAL OF THE OWNER
PARTICIPATION AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOP-
MENT AGENCY AND JAMES OH, AND AUTHORIZATION FOR AGENCY CHAIR-
PERSON TO EXECUTE.
Comments:
To request that the Lynwood Redevelopment Agency ( "Agency ")
consider the approval of the Owner Participation Agreement
("OPA") by and between the Lynwood Redevelopment Agency and
James Oh ( "Oh ".) and authorization for the Agency chairperson
to execute, after consideration of the Summary Report
prepared pursuant to Health and Safety Code Section 33433,
related environmental documentation and comments made at the
joint public hearing.
Recommendation:
Staff respectfully requests that the Agency, after
consideration of any further information which will be
presented at the joint hearing of the city Council and the
Agency, adopt the following resolutions:
1. A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY MAKING
CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE
PROPOSED OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE
LYNWOOD REDEVELOPMENT AGENCY AND JAMES OH
A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY
APPROVING THE EXECUTION OF THE OWNER PARTICIPATION
AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY
AND JAMES J. OH
REGULAR ITEMS
None
DIS CUSSION ITEMS
None
CLOSED SESSION ITEMS
LEGAL SERVICES
Comments:
Agency will discuss the status of firms providing legal
services to the Lynwood Redevelopment Agency.
AGENCY ORAL AND WRITTEN COMMUNICATION
PUBLIC ORAL COMMUN ICATION
ADJOURNMENT:
Motion to adjourn to a Regular Meeting of the Lynwood
Redevelopment Agency to be held April 17, 1990 at 7:30 p.m. in
the Council Chambers of City Hall, 11330 Bullis Road, Lynwood,
California.
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0 0
REGULAR MEETING MARCH 20, 1990
The Redevelopment Agency of the City of Lynwood met in a regular
session in the City Hall, 11330 Bullis Road on the above date
at 8:00 p.m.
Chairman Henning in the chair.
Members Heine, Rea, Richards, Wells, Henning answered the roll
call.
Also present were Executive Director Gomez, General Counsel
Barbosa, Secretary Hooper and Treasurer Wright.
Secretary Hooper announced the agenda had been duly posted in
accordance with The Brown Act.
PUBLIC ORAL COMMUNICATION - AGENDA ITEMS ONLY:
Hearing no response, public oral communications was closed.
ITEMS FOR CONSIDERATION:
It was moved by Mr. Heine, seconded by Mr. Rea to approve minutes
of Regular Meeting March 6, 1990.
ROLL CALL:
AYES: MEMBERS HEINE, REA, RICHARDS, WELLS, HENNING
NOES: NONE
ABSENT: NONE
LRA RESOLUTION NO. 90 -11 entitled: "A RESOLUTION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD CALIFORNIA ALLOWING
AND APPROVING THE DEMANDS AND WARRANTS THREFOR." was presented.
It was moved by Mr. Richards, seconded by Mrs. Wells to adopt
the resolution.
R CALL
AYES: MEMBERS HEINE, REA, RICHARDS, WELLS, HENNING
NOES: NONE
ABSENT: NONE
PUBLIC ORAL COMMUNICATIONS:
Hearing no response, public oral communications was closed.
There was no further business and it was moved by Mr. Richards,
seconded by Mrs. Wells to adjourn.
Chairman
APPROVED
Secretary
a
RESOLUTION NO. LRA
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD
LYNWOOD, CALIFORNIA ALLOWING AND APPROVING THE DEMANDS AND ORDERING
WARRANTS THEREFOR
The Redevelopment Agency of the City of Lynwood does hereby resolve as follows:
•r TOTAL 214,045.76 74,336.70 139,709.06
Y aa= aasaa =asa aysasaaaaasva aaaasaasaaaaa
Section 2. That the Agency Secretary shall certify to the adoption of the resolution and shall
deliver a certified copy to the Agency Treasure and shall retain a copy thereof for the record.
PASSED. APPROVED AND ADOPTED THE
ATTEST:
day of
1990
W
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C7
C
ANDREA L. HOOPER ROBERT HENNING
Section 1. That the demands presented, having been regularly
audited, are
hereby
allowed
and
approved, and that
warrants ordered drawn therefor
by the Agency Treasure to
the payee and
in the
amounts
indicated.
WARRANT# /DATE
--- - - - - --
PAYEE
------------------------ - - - - --
DESC
--------- --- -- ----- --- -- - - - - --
AMOUNT
-------- - --- - -- -------
AREA A
-- - - -- -------
ALAMEDA
- - - - --
r
163
04 -03 -90
ECONOMIC RESOURCE CORP.
OFF -SITE IMPROVEMENT
130,562.46
0.00
130,562.46
2873
04 -03 -90
PROPERTY INSPECTION& REPORTING
APPRAISALS -EL SEGUNDO
- 3,450.00
- 3,450.00
0.00
2878
04 -03 -90
LYNWOOD CHAMBER OF COMMERCE
CONTRACTUAL AGMT -2ND GTR
6,250.00
3,125.00
3,125.00
2879
04 -03 -90
KANE, BALLMER & BERKMAN
LEGAL SERVICES 12/89 -1/90
61,648.40
60,013.13
1,635.27
2880
04 -03 -90
HEINE, LOUIS
BOARD MTGS -3/6, 3/20
60.00
30.00
30.00
2881
04 -03 -90
HENNING ROBERT
BOARD MTGS -3/6, 3/20
60.00
30.00
30.00
2882
04 -03 -90
REA, ARMANDO
BOARD MTGS -3/6, 3/20
60.00
30.00
30.00
2883
04 -03 -90
RICHARDS, PAUL
BOARD MTGS - 3/6, 3120
60.00
30.00
30.00
. 2884
04 -03 -90
WELLS, EVELYN
BOARD MTGS -3/6, 3/20
60.00
30.00
30.00
2885
04 -03 -90
SPOILED CHECK
SPOILED CHECK
O
00
2886
04 -03 -90
BUREAU OF GOVT RESEARCH
REGIST. - -S. FOWLER
275.00
137.50
137.50
i 2887
04 -03 -90
CITY OF LYNWOOD
ADMINISTRATIVE COSTS -1/90
11,570.90
8,701.87
2,869.03
2888
04 -03 -90
CITY OF LYNWOOD
CIP EXPENDITURES -12/89
2,801.01
2,801.01
0.00
2889
04 -03 -90
DATA QUICK INFO. NETWORK
COMPUTER ACCESS INFO -2/90
178.00
89.00
89.00
2890
04 -03 -90
EASTMAN KODAK CO.
COPIER MAINT. AGMT. - -1/90
47.26
23.63
23.63
2891
04 -03 -90
EASTMAN KODAK CREDIT CORP.
COPIER LEASE AGREEMENT
422.10
211.05
211.05
2892
04 -03 -90
EXPRESS MESSENGER
MESSENGER SERVICES -2/90
64.76
32.38
32.38
2893
04 -03 -90
HOOPER, ANDREA L.
BOARD MTGS -3/6, 3/20
50.00
25.00
25.00
2894
04 -03 -90
KATZ HOLLIS COREN & ASSOC INC.
FINANCIAL SERV- -1/90
70.55
0.00
70.55
2894
04 -03 -90
KATZ HOLLIS COREN & ASSOC INC.
FINANCIAL SERV - -1190
1,557.50
1,557.50
0.00
2895
04 -03 -90
THE LYNWOOD WAVE
PROMOTIONAL ADS
707.20
424.32
282.88
2896
04 -03 -90
TIMELY TEMPORARY
TEMPORARY SVCS -3/90
865.62
432.61
432.81
2897
04 -03 -90
URBAN LAND INSTITUTE
ANNUAL DUES - 3/90 -3/91
100.00
50.00
50.00
2898
04 -03 -90
WRIGHT, MARY L.
BOARD MTGS -3/6,
25.00
12.50
12.50
•r TOTAL 214,045.76 74,336.70 139,709.06
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Section 2. That the Agency Secretary shall certify to the adoption of the resolution and shall
deliver a certified copy to the Agency Treasure and shall retain a copy thereof for the record.
PASSED. APPROVED AND ADOPTED THE
ATTEST:
day of
1990
W
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C7
C
ANDREA L. HOOPER ROBERT HENNING
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DATE: April 3, 1990
TO: Honorable Chairperson and Members of the Agency
FROM: Kenrick Karefa- Johnson, Interim Director
Community Development Department G
SUBJECT: REQUEST FOR AGENCY CONSIDERATION OF A PROVAL OF THE
OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE AGENCY
AND JAMES OH AND AUTHORIZATION FOR AGENCY CHAIRPERSON
TO EXECUTE
OBJECTIVES
To request that the Lynwood Redevelopment Agency ( "Agency ")
consider the approval of the Owner Participation Agreement
( "OPA") by and between the Agency and James Oh ( "Oh") and
authorization for the Agency Chairperson to execute, after
consideration of the Summary Report Prepared Pursuant to Health
and Safety Code Section 33433, related environmental
documentation and comments made at the joint public hearing.
FACTS
1. James Oh has been successfully operating the Frontier
Warehouse Market in the City of Lynwood ( "City ") for seven (7)
years. Unlike other market operations in the City, the Frontier
Warehouse Market has been successful in part due to the fact
that Oh has an economically attractive lease. The continued
operation of the Frontier Warehouse Market in the City is of
vital importance to the prospective redevelopment of the City,
especially in light of the fact that in recent years Lynwood has
lost several supermarkets including Ralph's, Giant and Super
Foods. The Oh Frontier Warehouse Market, Lucky's, Alpha Beta and
Viva Market remain, although Alpha Beta is currently planning to
open another market in South Gate only three - quarters of a mile
from its current location. The Viva market is specifically
geared toward retail marketing of food and other items. While
the Viva market fills an important need in the community, the
departure of other markets leaves a void filled only by the
Frontier Warehouse Market. Its departure would encourage the
residents of the City of Lynwood to shop elsewhere. As pointed
out in the Report to the City Council prepared in connection with
the Sixth Amendment to Lynwood Redevelopment Project Area " A "
(incorporated herein by reference), the failure of Lynwood to
attract its own residents to shop within the boundaries of the
City is hampering redevelopment efforts.
2. Mr. Oh's lease at his present location expires in May,
1991. In order to obtain a more permanent site for his
supermarket, he attempted to obtain ownership of the supermarket
building. The ownership of such a building by a successful
operator would be of significant value to the Redevelopment
Project and the City in that an owner - operator would have a
significant investment in the building, encouraging his
continued operations in the City.
3. Mr. Oh's original concept was to acquire the building where
he is currently operating his market, at the corner of Martin
Luther King, Jr. Boulevard and Ernestine. Negotiations with the
owners of that property, the Babays, have been unsuccessful.
The current owners wish to retain ownership of the structure
whether Mr. Oh stays or leaves. The current owners made clear in
negotiations with the Agency and Mr. Oh that they intent to
retain ownership of the property. Whether with the Agency's
involvement or without, the Babays and Mr. Oh have not been able
to agree on a proposal which allows for the ownership of the
market by Mr. Oh. Mr. Oh's desire for ownership of the market is
heightened by the fact that the existing market facility is in
poor repair and is not suited to modern market operations.
AGENDA ITEM
41
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4. In order to allow for Mr. Oh to attain his goal of owning
his own market, Mr. Oh has proposed to develop property which he
owns at the northeast corner of Martin Luther King, Jr. Boulevard
and Bullis Road. This property is on the same block as his
existing operations and will therefore enable Mr. Oh to retain
the goodwill of his existing customers.
5: The proposed development is for a supermarket consisting of
approximately 48,000 square feet of retail space, approximately
8,000 square feet of storage space and approximately 8,000 square
feet of office space. The retail space will be located on the
48,000 square foot ground level and the storage and office space
will be located on the 16,000 square foot mezzanine level.
6. There are two known restrictive covenants which apply to the
property. Mr. Oh has attempted to remove one of these, with no
success to date. Accordingly, Oh has requested the Agency's
assistance in removing the restrictive covenant described more
fully in the Summary Report Prepared Pursuant to Section 33433 of
the California Health and Safety Code. The Owner Participation
Agreement provides for the Agency to immediately commence
negotiations for the elimination of the restrictive covenant and
any other restrictions or interests in the Site (as defined in
the OPA), and any other restrictions on or interests in the Site
which prevent development of the Site in accordance with the OPA.
7. The Owner Participation Agreement further provides that in
the event that the Agency's negotiations are unsuccessful the
Agency will consider a resolution of necessity or other action
in order to obtain the removal of said covenant or of any other
restrictions on or interests in the Site. The Owner
Participation Agreement allocates the cost of such an action, if
taken, between Participant and the Agency. The Owner
Participation Agreement does not obligate the Agency to take any
action other than to attempt to negotiate for the removal of said
covenant and considering a resolution or necessity or other
appropriate action.
8. A report has been prepared pursuant to Section 33433 of the
California Community Redevelopment Law ( 11 33433 Report,"
attached) which addresses the cost to the Agency of removing the
restrictive covenant if, in the future, the Agency were to
approve a resolution of necessity or other action in order to
obtain the removal of said covenant or of any other restrictions
on or interests in the Site. The 33433 Report states that the
maximum financial cost to the Agency of the removal of the
restrictive covenant under the terms of the Owner Participation
Agreement would be $488,000.00 (present value). This would be
funded by the tax increment which the project will generate.
9. Mr. Oh will pay all further costs of development.
10. The 33433 Report further states that the following goals
will be served by proceeding with the project: (1) the Agency is
achieving its goals in terms of the elimination of blight,
(2) the proposed supermarket is of value to the community and the
OPA cannot be implemented without such assistance, (3) the
proposed market will allow for the retention of approximately
150 existing jobs and the creation of approximately 147
additional jobs, and (4) Participant estimates the his new market
will result in an increase of approximately $554,536.33 (present
value) in sales tax to the City.
11. It has been determined that the development proposed by the
Owner Participation Agreement is consistent with Lynwood's
General Plan.
12. An Initial Study was prepared and the conclusion reached
that the project "could not have a significant effect on the
environmental which has not been addressed in the previous
Environmental Impact Report."
0 9
ANALYSIS AND CONCLUSIONS
The existing Frontier Warehouse Market serves a need in the
community no one else has filled. Its continued operation is
important to the redevelopment of Project Area "A." Since
Participant has proven himself to be a successful operator of the
warehouse -type market in Lynwood and is committed to continuing
the operation of his market in the City, it is in the interest of
the community and the Project Area to support his efforts and
retain the market in Lynwood.
The Owner Participation Agreement will retain an important asset
for the community at a reasonable cost to the Agency. The
retention of the supermarket it vital to redevelopment efforts
and the construction of the new market at the corner of Martin
Luther King, Jr. Boulevard and Bullis Road will create an "entry"
to the Civic Center Area. The proposed Owner Participation
Agreement will allow for Agency approval of the plans for the
project to ensure sensitive design which will accomplish the goal
of creating an attractive place to shop. The construction of a
modern market will encourage revitalization of the entire block
and the properties to the south facing Martin Luther King, Jr.
Boulevard. Mr. Oh has agreed to recruit employees from Lynwood
before recruiting elsewhere.
The Agency's involvement in attempting to negotiate the removal
of the restrictive covenant and any other restrictions or
interests in the Site is necessary to enable the project to go
forward. The Agency makes no further commitment by executing the
Owner Participation Agreement except to consider a resolution of
necessity or other action in order to obtain the removal of said
covenant or of any other restrictions on or interests in the
Site.
RECOMMENDATIONS
Staff respectfully requests that the Agency, after consideration
of any further information which will be presented at the joint
hearing of the City Council and the Agency, adopt the following
resolutions:
1. A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY
MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO
THE PROPOSED OWNER PARTICIPATION AGREEMENT BY AND
BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND JAMES OH.
2. A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY
APPROVING THE EXECUTION OF THE OWNER PARTICIPATION
AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOPMENT
AGENCY AND JAMES J. OH.
1. Proposed Owner Participation Agreement by and between the
Lynwood Redevelopment Agency and James J. Oh.
2. Summary Report Pursuant to Section 33433 of the California
Community Redevelopment Law on the Owner Participation
Agreement by and between the Lynwood Redevelopment Agency
and James J. Oh.
3. Initial Study for the Oh Supermarket Project.
4. A Resolution of the Lynwood Redevelopment Agency Making
Certain Environmental Findings With Respect to the Proposed
Owner Participation Agreement By and Between the Lynwood
Redevelopment Agency and James Oh.
• •
5. A Resolution of the Lynwood Redevelopment Agency
The Owner Participation Agreement by and Between
Redevelopment Agency and James Oh and Authorizing
Executive Director to Execute It.
ADDITIONAL DOCUMENTATION
Approving
the Lynwood
the
1. A copy of the (oversized) Site Plan for the Oh Project is
available at the City Clerk's Office.
2. A copy of the Final Environmental Impact Report for
Amendment to Redevelopment Project Area A, dated December,
1980, prepared by Jack K. Bryant & Associates is available
at the City Clerk's Office.
RESOLUTION NO. 90-
0
A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY
MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT
TO THE PROPOSED OWNER PARTICIPATION AGREEMENT BY
AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND
JAMES OH.
The Lynwood Redevelopment Agency does hereby resolve as follows:
The Agency finds and determines as follows:
A. The construction of a supermarket at the northeast
corner of Martin Luther King, Jr. Boulevard and Bullis
Road ( "Development ") in the City of Lynwood is included
in the "project" described in the Final Environmental
Impact Report adopted in connection with the 1980
Amendment to the Redevelopment Plan for Project Area
" A " ( 11 1980 Amendment ") in the City of Lynwood pursuant
to the ,terms of the California Environmental Quality
Act ( "CEQA!') ; and
B. The project is covered by said previously certified
Final Environmental Impact Report for the 1980
Amendment which serves as the Final Environmental
Impact Report for the entire Amendment, which Amendment
constitutes the "Project ".
II. The Final Environmental Impact Report, previously certified
in December, 1980, was considered prior to the approval of
this Development. The Agency hereby finds: this Development
is within the scope of the 1980 Amendment previously
approved; the effects of this Development, relating to air
quality, traffic and circulation,, noise, utility systems,
public services /facilities were examined in the previous
Final Environmental Impact Report together with all other
development. All feasibly mitigation measures and
alternatives developed in the previous Final Environmental
Impact Report for the Project are incorporated in this
Development. No new information of substantial importance
to the Project has become available. The Final
Environmental Impact Report is, therefore, determined to be
adequate to serve as the environmental impact report for the
Development and satisfies all the requirements of CEQA.
Applicable mitigation measures identified in the Final
Environmental Impact Report have been incorporated into this
Development which mitigate any potential significant
environmental impacts thereof. The mitigation measures are
identified as conditions in Resolution No. 90-
recommending approval of the Development.
III. The Final Environmental Impact Report incorporates certain
mitigation measures which are to mitigate or avoid
significant effects on the environment, and the Agency
wishes to adopt the following program for reporting and
monitoring the implementation of such mitigation measures
pursuant to Public Resources Code 21081.6:
A. The developer selected by the Agency to construct the
Development shall enter into an agreement with the
Agency to submit all plans and specifications for the
Development to the Agency for its approval, at which
time the Agency shall review the plans and
specifications for compliance with such mitigation
measure as are the responsibility of the developer.
i !
B. The Agency shall comply with all requirements of the
City of Lynwood (the "City ") and all public agencies
having jurisdiction in any demolition and construction
of public works which are to be constructed by the
Agency;
C. The Agency will report to the City Council of the City
not less than annually on the implementation of the
mitigation measures and make any recommendations it
deems necessary to further implement said measures,
such report to be included in the Agency's annual
report pursuant to California Health and Safety Code
33089.5 and 323080.4
APPROVED AND ADOPTED by the members of the Lynwood
Redevelopment Agency this _ day of April, 1990.
Robert Henning, Chairman
The Lynwood Redevelopment Agency
ATTEST:
Andrea L. Hooper, Secretary
The Lynwood Redevelopment Agency
APPROVED AS TO FORM:
James Dexter Clark, Esquire
Agency Special Counsel
APPROVED AS TO CONTENT:
Kenrick Karefa- Johnson, Interim Director
Community Development Department
LRA RESOLUTION NO 90-
A RESOLUTION OF THE LYNWOOD
AGENCY APPROVING THE OWNER
AGREEMENT BY AND BETWEEN
REDEVELOPMENT AGENCY AND
AUTHORIZING THE EXECUTIVE
EXECUTE IT
REDEVELOPMENT
PARTICIPATION
THE LYNWOOD
TAMES OH AND
DIRECTOR TO
WHEREAS, the Redevelopment Plan for Lynwood Project Area
" A " ( "Redevelopment Plan "), was duly approved and adopted on
July 3, 1973 by Ordinance 945 and subsequently amended on
December 27, 1973 by Ordinance No. 960, on August 19, 1975 by
Ordinance No. 990, on June 1, 1976 by Ordinance No. 1000, on
December 7, 1976 by Ordinance No. 1010, on December 16, 1980 by
Ordinance No. 1111, and on July 19, 1988 by Ordinance No.88-
1308; and
WHEREAS, the Lynwood Redevelopment Agency ( "Agency ") is
engaged in activities necessary to execute and implement the
Redevelopment Plan for Redevelopment Project Area "A"
( "Redevelopment Project ") in the City of Lynwood and in order
to do so the Agency proposed to enter into an Owner
Participation Agreement with James oh ( "Participant ") to
implement the Redevelopment Plan; and
WHEREAS, the proposed Owner Participation Agreement
contains all the provisions, terms, conditions and obligations
required by state and local law; and
WHEREAS, the Agency has found and determined on the basis
of an initial study, that the actions proposed in the Owner
Participation Agreement will have no significant effect on the
environment except for those effects previously identified and
considered in the Final Environmental Impact Report prepared
for the 1980 Amendment to Project Area "A," and that no
subsequent environmental impact report or supplement to the
environmental impact report is necessary or required; and
WHEREAS, the City of Lynwood has made a finding, that the
development proposed in the owner Participation Agreement will
be consistent with Lynwood's General Plan; and
WHEREAS, the City of Lynwood has made a finding, based on
substantial evidence in the record, that the development proposed
in the owner Participation Agreement will be consistent with
Lynwood's General Plan; and
WHEREAS, Agency staff has reviewed the development proposed
by the Owner Participation Agreement and presented substantial
evidence to the Agency that the development proposed by the Owner
Participation Agreement will be consistent with the Zoning
Ordinance of the City of Lynwood; and
WHEREAS, the Participant
necessary to insure development
conveyed in accordance with the
Redevelopment Plan; and
Possesses the qualifications
of the property proposed to be
Purposes and objectives of the
WHEREAS, the Agency has prepared, reviewed and considered
a summary report setting forth the cost of the Owner
Participation Agreement to the Agency, the estimated value of
the restrictive covenant to be removed, and the purchase price
to be paid by Participant, and made said summary available for
public inspection in accordance with Section 33433 of the
California Community Redevelopment Law [Health and Safety Code
§ §33000 et sec. and
WHEREAS, the Agency and City Council of the City of
Lynwood have held a duly noticed joint public hearing on the
proposed Owner Participation Agreement and related documents;
and
WHEREAS, the Agency has duly considered the proposed Owner
Participation Agreement and believes that development pursuant
thereto to be in the best interest of the City of Lynwood and
in furtherance of the goals and objectives of the Lynwood
Redevelopment Agency to reduce blight in the Project Area;
NOW, THEREFORE, BE IS
Redevelopment Agency as follows:
RESOLVED by the Lynwood
SECTION 1. The Agency hereby finds and determines that
the development of the Participant's property pursuant to the
proposed Owner Participation Agreement is in the best interests
of the City of Lynwood and the health, safety, morals and
welfare of its residents, and in accord with the public
purposes and provisions of applicable State and local law.
SECTION 2. The Agency hereby finds and determines that
the development of the Participant's property pursuant to the
proposed Owner Participation Agreement is necessary to
effectuate the purpose of the Redevelopment Plan for the
Redevelopment Project.
SECTION 3. The Agency hereby finds and determines that the
development of the Participant's property pursuant to the
proposed Owner Participation Agreement is consistent with the
development permitted by the Zoning Ordinance of the City of
Lynwood.
SECTION 4. The Agency has received, heard and
considered all oral and written objections to the proposed
Owner Participation Agreement and to the actions connected
therewith, and hereby overrules all such oral and written
objections.
SECTION 5. The Agency conditions its approval on the
satisfaction of the following mitigation measures described in
the Final Environmental Impact Report for the 1980 Amendment to
Project Area " A " on page 34 (first two paragraphs), page 53
(paragraph no. 4), page 76 (section C), page 84 (second
paragraph), page 91 (first sentence), page 92 (applicable
portions of paragraph 5.7.3 as agreed with SCE), page 96
(second and third paragraphs of section C) , page 102 (last
paragraph) , page 107 (section C) , and pages 110 -111 (section
C) .
SECTION 6. The Executive Director of the Agency is
hereby authorized to execute the Owner Participation
Agreement.
SECTION 7. The Executive Director of the Agency, or
his designee, is hereby authorized, on behalf of the Agency, to
sign all documents necessary and appropriate to carry out and
implement the Owner Participation Agreement, and to administer
and implement the Agency's obligations, responsibilities and
duties to be performed under the Owner Participation Agreement.
APPROVED AND ADOPTED by the members of the Lynwood
Redevelopment Agency this _ day of April, 1990.
Robert Henning, Chairman
The Lynwood Redevelopment Agency
ATTEST:
Andrea L. Hooper, Secretary
The Lynwood Redevelopment Agency
APPROVED AS TO FORM:
James Dexter Clark, Esquire
Agency Special Counsel
•
PUBLIC NOTICE
11
NOTICE OF JOINT PUBLIC HEARING OF THE CITY COUNCIL OF
THE CITY OF LYNWOOD AND THE LYNWOOD REDEVELOPMENT
AGENCY ON THE PROPOSED OWNER PARTICIPATION AGREEMENT BY
AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND JAMES
J. OH
NOTICE IS HEREBY GIVEN that on Tuesday, April 3, 1990, at
the hour of 7:30 p.m., or as soon thereafter as the matter may be
heard, the City Council of the City of Lynwood ( "City Council ")
and the Lynwood Redevelopment Agency ( "Agency ") will conduct a
Joint Public Hearing in the Council Chamber, City Hall, 11330
Bullis Road, Lynwood, California 90262 on the proposed owner
Participation Agreement between the Agency and James J. Oh
( "Participant ") on certain real property situated within the
development site as shown on a map on file in the City Clerk's
Office at the address noted above. The Project consists of a
proposed market on the northeast corner of Martin Luther King,
Jr. Boulevard and Bullis Road, located within the City of Lynwood
in Lynwood Redevelopment Project Area "A."
Participant has requested that the Agency cure the land use
restriction ( "restrictive covenant ") on and remove other
restrictions on and interests in the subject development site.
The cost to cure the real property of the restrictive covenant
will be expended by Participant, who will be reimbursed by the
Agency, pursuant to the formula contained in the proposed Owner
Participation Agreement. The cost of removing the other
restrictions on and interests in the subject development site
will be borne by the Participant.
An Environmental Impact Report was certified for the 1980
Amendment to Redevelopment Project Area A ( "1980 Amendment ").
The development site lies within that portion of the Project Area
added by the 1980 Amendment. The Initial Study of the project
(as configured in the original Owner Participation Agreement)
indicated that the project would not cause significant effects on
the environment that were not examined in the Environmental
Impact Report for the 1980 Amendment. Additional environmental
review has been conducted and determined that no additional
impact would result from proposed changes to the Scope of
Development.
The City Council and Agency will consider approval of the
proposed owner Participation Agreement after said Public Hearing
pursuant to California Health and Safety Code Section 33433,
which provides that before the sale or lease of any interest in
property acquired directly or indirectly with tax increment
funds, such sale shall be approved by the legislative body after
public hearing. The 33433 report describes the cost of the
ou
proposed Owner Participation Agreement to the Agency and the
estimated purchase price to be paid by Participant as if the
removal of the restrictive covenant_ constituted a transfer of
real property to the Participant.
At the above - stated day, hour and place, any and all persons
having objections to the proposed Owner Participation Agreement
or the regularity of the prior proceedings, may appear before the
Agency and show cause why the proposed owner Participation
Agreement should not be approved.
At any time not later than the hour aforesaid set forth
hearing, any person objecting to the proposed Owner
Participation Agreement may file in writing with the City Clerk a
statement of his or her objections thereto. Any persons or
organizations desiring to be heard at aforesaid hour shall so
inform the City Clerk prior to the commencement of the meeting.
The Agency shall proceed to hear and pass upon all written and
oral objections.
The proposed Owner Participation Agreement, the report
prepared pursuant to Section 33433 of the California Health and
Safety Code, and related environmental documentation will be
available for public inspection at the office of the City Clerk
at 11330 Bullis Road, Lynwood, California, during the hours of
8:00 a.m. to 5:00 p.m., Monday through Friday, beginning on
Monday, March 19, 1990.
Dated: March 9, 1990
Published: March 15, 22 and 29, 1990
The Lynwood Press
-2-
0
0
LYNWOOD REDEVELOPMENT AGENCY
11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (213) 603-0220
Robert Henning, CHAIRMAN
Paul Richards, VICE CHAIRMAN
Louis J. Heine, MEMBER
Armando Rea, MEMBER
Evelyn Wells, MEMBER
DATE: March 19, 1990
TO: All Interested Parties
FROM: Kenrick Karefa Johnson
Interim Director of Community Development
SUBJECT: Initial Study Revised OH Supermarket Project
The attached document, entitled Initial Study Revised OH
Supermarket Project was revised in July 1989. To date all the
conditions indicated by the findings of this study remain
unchanged and accurate.
rick Karefa- Johnson
Interim Director of Community Development
0
INITIAL STUDY
REVISED OH SUPERMARKET PROJECT
July 6, 1989
•
TABLE OF CONTENTS
I. INTRODUCTION
II. ATTACHMENTS
11
A. SUPPLEMENTAL ANALYSIS FOR REVISED PROJECT for the
Traffic Analysis in Connection with the Frontier
Shopping Center
B. INITIAL STUDY /SUPERMARKET FACILITY, dated March 17,
1989.
0 0
I. Introduction
The proposed First Implementation Agreement to the Owner
Participation Agreement by and between the Lynwood Redevelopment
Agency and James J. Oh ("OPA") modifies the Scope of Development
(Attachment 5 to the OPA) of the project. As modified, the
project will consist of a ground level retail market of
approximately 48,000 square feet, and an approximately 16,000
square foot mezzanine housing approximately 8,000 square feet of
office space and approximately 8,000 square feet of storage
space. As originally proposed, approximately 46,590 square feet
were to be devoted to supermarket space, with a basement
warehouse of 44,248 square feet and a mezzanine /office of 13,243
square feet.
In December 1980, the Final Environmental Impact Report for
Amendment to Redevelopment Project Area A Located in the City of
Lynwood ( 11 1980 EIR ") was prepared in connection with the
amendment to Project Area A by Jack K. Bryant and Associates,
Inc. The 1980 EIR addressed each of the potentially significant
impacts identified in the Initial Environmental Study which
preceded it. The 1980 EIR stated that the land use patterns in
Subarea C of the amended project area (the market proposed by
Mr. Oh will be located in Subarea C) would remain relatively
unchanged and recognized that the project would involve the
upgrading of several existing shopping centers within the area.
The 1980 EIR stated that "[t]ypical improvements could include
the landscaping of building facades, the installation of
landscaping in the extensive parking areas, and some new
construction." The type of project proposed in the First
Implementation Agreement is within the scope of development
anticipated by the 1980 EIR.
In March, 1989, prior to the approval of the OPA by the
Lynwood Redevelopment Agency ( "Agency "), Agency staff prepared an
initial study of the project ( "Initial Study "). The Initial
Study is found as Attachment A hereto and is incorporated herein
by reference. The Initial Study concluded that the project
"could not have a significant effect on the environment which
has not been addressed in the previous Environmental Impact
Report." Included as part of the Initial Study was an Addendum
Traffic Analysis, dated March 14, 1989, prepared by Greer & Co.
( "Addendum Traffic Study ").
A Supplemental Analysis for Revised Project, dated June 28,
1989 ( "Supplemental Traffic Study "), was conducted to consider
the proposed modifications to the Scope of Development for the
market project. The Supplemental Traffic Study is Attachment B
hereto, and is incorporated herein by reference. The
Supplemental Traffic Study states that the "results of the
analysis or the revised project description disclose that the
project changes will have no significant change in the
conclusions and recommendations as presented in the prior
report." The Addendum Traffic Study observed that the "traffic
generated from the existing and proposed centers as considered
in the 1980 EIR should be similar, and therefore, not an increase
in the uses analyzed in the EIR." It concluded that "the
proposed mitigation improvements will mitigate the proposed
project's traffic impacts."
The modifications to the project pursuant to the proposed
First Implementation Agreement "downsize" the project,
significantly decreasing the storage area and available office
space by eliminating the basement level. The overall retail
market area is virtually identical in size to that provided for
in the original plan. The downsizing of the project will only
lessen any impacts the project might have on the environment.
The analysis contained in the Initial Study, and the conclusion
reached therein -- that the project "could not have a significant
effect on the environmental which has not been addressed in the
previous Environmental Impact Report" -- are therefore equally
applicable to the project as modified by the proposed First
Implementation Agreement.
Dated: July 6, 1989
��ck` Karefa- Johnson, Planner
Lynwood Redevelopment Agency
GINEERS & PLANNERS
June 28, 1989
Mr. Vicente L. Mas
Director of Community Development
City of Lynwood
City Hall
11330 Bullis Read
Lynwood, CA 90262
0
2323 W. Lincoln Ave., Suite 127
Anaheim, CA 92801
(714) 520-5255
FAX (714) 520 -5246
RE: SUPPLEMENTAL ANALYSIS FOR REVISED PRa ECT for the Traffic Analysis in
Connection with the Frontier Shopping Center dated March 14, 1989
(265 -01).
Dear Mr. Mas:
We have reviewed and reanalyzed the traffic analysis that we prepared and
submitted for the Frontier Shopping Center Project dated March 14, 1989.
The revised project description deletes the basement warehouse /storage
space and proposes 8,000 square feet of office and 8,000 square feet of
warehouse/ storage on the mezzanine within the proposed market. The
existing 46,590 s quar e feet of market space will remain as a retail use as
was proposed in the prior traffic analysis.
The revised figures showing the traffic volumes reflecting the revised
project are attached for reference, as are the revised trip generation
tables and the intersection capacity analyses tables for both post- project
and cumulative traffic conditions.
The results of the analyses for the revised project description disclose
that the project changes will have no significant change in the
conclusions and recommendations as presented in the prior report. The
resulting levels of service at all intersections will remain unchanged in
all cases. The volume -to- capacity ratios change no more than one point,
and have no effect on the resulting operating conditions at the
intersections, nor on the recom wrx atiotu contained in the report. The
0 0
Mr. Vincent L. Mas
City of Lynwood
Frontier Shopping Center
REV= Traffic Inpact Analysis
June 28, 1989 - Page 2
sutmnary, conclusions and reccmTendations contained in the Mardi 14, 1989,
traffic inpact analysis report are accurate and valid for the project as
revised and should be applied to this revised project.
We are pleased to have been of further assistance to you on this project.
If you have any further questions or continents, please do not hesitate to
contact me.
Sincerely,
GREER & CD.
Larry E. Greer, P.E.
Principal
LEG:st
attach. Revised Tables 2, 3 and 4
Revised Figures 4, 5, 6 and 7
Revised Intersection Capacity Analyses
N
0 0
Mr. Vincent L. Mas
City of Lynwood
Frontier Shopping Center
REVISED Traffic Impact Analysis
June 28, 1989 - Page 3
TABLE 2 REVISED
PROTECT TRIP GFNERATION
Frontier Shopping Center —
Traffic Imaact
Analysis
Daily
A.M.
Peak
P.M.
Peak
Use
in
out
in
out
Proposed 48,166 sf retail
Equation Rate
(1)
(2)
(2)
(3)
(3)
Trips
4,622
79
34
209
217
Propel 8,000 sf mezzanine
warehouse
Equation Rate
(4)
(5)
(5)
(6)
(6)
Trips
39
4
1
4
8
Proposed 8,000 sf mezzanine
office
Equation Rate
(7)
(8)
(8)
(9)
(9)
Trips
206
20
3
4
20
SUBTOTAL
4,867
103
38
217
245
Demolition of 45,900 sf of existing retail
operating
at 50%
occupancy
Rate (per 1,000 sf) (1)
(2)
(2)
(3)
(3)
Trips
2339
40
17
108
112
TOTAL NET TRIPS
2,526
63
21
109
133
(continued)
0
Mr. Vincent L. Mas
City of Lynwood
Frontier Shopping Center
REVISED Traffic Impact Analysis
Jame 28, 1989 - Page 4
.•
TABLE 2 REVISED cont.
PRaYE T TRIP GENERATION
Frontier Shocming Center — Traffic Impact Analysis
Project Trip Generation Equa tions:
(1)
ln(T)
= 0.65 ln(x)
+
5.92
(2)
In (T)
= 0.60 ln(x)
+
2.40
(3)
In (T)
= 0.52 ln(x)
+
4.04
(4)
4.882
trips /1,000
sf
(5)
0.569
trips /1,000
sf
(6)
1.559
trips /1,000
sf
(7)
In(T)
= 0.75 ln(A)
+
3.77
(8)
In (T)
= 0.86 ln(A)
+
1.34
(9)
In(T)
= 0.83 1n(A)
+
1.46
Source: Institute of Transportation Engineers; Greer & Co., Engineers
and Planners.
_...- 1770
X A " Cr
r1
�N
m
7 Z ` �3iR
/ r
� M
9
i
POST PROJECT VOLUMES
A.M. PEAK HOUR
FRO NTIER SHO PPING CENTEP
0
F GURU
4
0
J
J9 2
T '462.
is � ms's
w
Z
I-
r�
w
Z
w
0 •
14
� N
a
2 a
•qb� �6i
q I VA,
a
V,
ti �m
/ � l r W
>
/oz ei8
5 p
w
J Z
C2 F-
w
z
c
w
FIGURE
POST PROJECT VOLUMES 5
0`a P.M. PEAK HOUR
FRONTIER SHOPPING CENTER //
0 0
Mr. Vincent L. Mas
City of Lynwood
Frontier Shopping Center
REVISED Traffic Impact Analysis
June 28, 1989 - Page 7
TABLE 3 REVISED
INTERSECTION CAPACITY ANALYSES — POST- PROJECT CONDITIONS
Frontier Sh000ing Center — Traffic Impact Analysis
Existing
Volumes
Fbst- Project
Volumes
A.M.
P.M.
A.M.
P.M.
Peak Hour
Peak Hour
Peak Hour
Peak Hour
Intersection L DS- 1 Vl
LCS V/C
LOS V/C
LOS V C
Century /Imperial
F
1.02
E
0.91
F
1.03
E
0.94
Bullis /Century
A
0.37
A
0.59
A
0.38
B
0.64
Bullis /Inperial
B
0.65
C
0.71
B
0.66
C
0.73
Century/Ernestine
A
0.22
A
0.31
A
0.23
A
0.35
1 ICS - Level of Service
2 V/C - Volume -to- Capacity
Ratio
Source: Greer & Co., Engineers and Planners
0
0
FiGURE
CUMULATIVE VOLUMES
A.M. PEAK HOUR 6
FRONTIER SHOPPING CENTER
-1997
.--9
IMPERIAL HWY
o�
N
Lf� n
MO
'
N N
T
w
za�
Zo
5 5og
L13 0 --
� 4 r e � VQ
ti
J
11J
ZI
J
m
N
LJ
Z
w
FiGURE
CUMULATIVE VOLUMES
A.M. PEAK HOUR 6
FRONTIER SHOPPING CENTER
0
0
i
C
-/Z0
6o IMPERIAL HWY
103—
ioa
n
M
m
/ �N ^
X �
t � 940
a
J
J
m
w
G
/Z 61
3 5 9 �tf
l:J
F-
N
w
z
c
w
m
CUMULATIVE VOLUMES
P.M. PEAK HOUR
FRONTIE SHOPPING CENTER
F GJHc
7
TABLE 4 REVISED
INTERSECTION CAPACITY ANALYSES -- CUMULATIVE CONDITIONS (1993)
Frontier Shoppinq Center -- Traffic Impact Analysis
Cams lative Vot uses
Existing Vol uses
P.M.
Post-Project
Voltmes
LOS V/C
LOS
A.H.
F 1.13
P.M.
1.04
A.M.
P.M.
0.70
C 0.72
Peak
Hour
Peak
Hour
Peak Hour
Peak
Hour
Intersection
IOSi
�?
LOS
V/C
LOS V/C
LOS
V/C
Century /Iaperiat
F
1.02
E
0.91
F 1.03
E
0.94
Buttis /Century
A
0.37
A
0.59
A 0.38
8
0.64
Bull is /Inperiat
8
0.65
C
0.71
0 0.66
C
0.73
Century /Ernestine
A
0.22
A
0.31
A 0.23
A
0.35
1 LOS - LeveL of Service
2
V/C - Vol uae-to- Capacity
Ratio
Source: Greer 8 Co.,
Engineers and Planners
Cams lative Vot uses
A.M.
P.M.
Peak Hour
Peak Hour
LOS V/C
LOS
V/C
F 1.13
F
1.04
A 0.42
0
0.70
C 0.72
C
0.80
A 0.25
A
0.38
L J
0
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------ ----------------- ---------------
-
LYNWOOD REDEVELOPMENT AGENCY
11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (213) 6030220
Robert Henning, CHAIRMAN
Paul Richards, VICE CHAIRMAN
Louis J. Heine, MEMBER
Armando Rea, MEMBER
Evelyn Wells, MEMBER
DATE: April 3, 1990
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kenrick Karefa - Johnson, Interim Director
Community Development Department
SUBJECT: PROJECTNISOCONSISTENTIWITHHTHETEXISTING SUPERMARKET
GENERAL
PLAN
I have reviewed the Scope of Development as presented by Mr.
James Oh and described in the Owner Participation Agreement dated
March 1990. I find the proposed development to be consistent
with the General Plan classification of the site. The land uses,
as described are consistent with the Lynwood Zoning ordinance and
all development standards will be adhered to.
Kenrick Karefa- Johnson
Interim Director of Community Development
0
LYNWOOD REDEVELOPMENT AGENCY
OWNER PARTICIPATION AGREEMENT
by and between
THE LYNWOOD REDEVELOPMENT AGENCY
(Agency)
and
JAMES J. OH
(Participant)
March, 1990
TABLE OF CONTENTS
PAGE
I. [§
100]
SUBJECT OF AGREEMENT . . . . . . . . . . 1
A.
(§
101]
Purpose of the Agreement . . . . . . . . 1
B.
[§
1021
The Redevelopment Plan . . . . . . . . . 1
C.
[§
1031
The Project Ares 1
D.
[§
1041
The Site . . , , , . . , 2
E.
(§
105]
Parties to the Agreement 2
[§
1.
[ §
106 ] Agency . . . . . . . . . . ' . . 2
4.
2.
[§
107] Participant . * 2
G.
(§
108]
Prohibition Against 2
H.
(§
109]
Option Consideration . . . . . . . . . . 4
306)
2001
THE
SITE . 4
A.
[§
201J
Conditions Precedent to the Commencement
of Construction . . . . . . . . . . . . 4
B.
[§
202]
Removal of Covenants Preventing the
C.
[§
203]
D.
[§
204)
E.
[§
205]
F.
[§
206]
G.
[§
207]
H.
[§
2081
III. [§ 300]
DEVELOPMENT OF THE SITE
. . . . . .
A. [§
301]
Development of the
Site . . .
Site . .
1.
[§
302]-
Scope of Development
. . . .
2.
[§
303]
Approval of Development
and
Management Teams
. . . . . . .
3.
[§
304]
Design Concept
Drawings . . .
4.
[§
305]
Landscaping and
Finish Grading
Plans .
5.
(§
306)
Construction
Drawings .
6.
(§
307)
Agency Approval
of Plans Drawings
And Related Documents
.
7.
[§
308]
Cost of Development
. . .
8.
[§
309]
Schedule of Performance
. . . . . .
9.
[§
310]
Indemnification
During
Construction:
Bodily Injury and
Property Damage
Insurance
10.
[§
311]
Antidiscrimination
During Construc-
tion /Minority
and Local Recruiting
11.
[§
312]
Local, State,
and Federal Laws . .
0
5
6
6
7
7
7
8
h
. 8
8
9
10
10
11
11
12
12
13
14
-i-
Title Insurance . . . . . . . . . .
Taxes and Assessments . . . . . . . . .
Zoning of the Site . . . . . . . . . . .
Condition of the Site . . . .
Submission of Evidence of Financing . . .
rj
PAGE
12. (§
13.
[§
14.
[§
B. [§
316]
C. [§
317]
D. [§
318]
1.
[§
2. [§
E. [§ 321]
3131 City and Other Governmental Agenc
Permits . . .
. . .
. . . .
. . . .
3141 Rights of Access
.
. . . .
. . . .
3151 Construction Signs
Uses
.
. . . . . . . .
Taxes, Assessments,
Encumbrances
[§
and
Liens
Site
. . . . . . . .
18
Prohibition Against
Transfer
. .
. . . .
Security Financing
. .
. . . .
319] No Encumbrances
Except
Mortgages,
Local /Minority
Deeds of Trust.
Conveyances
and
Leases -Back or
Other
Conveyance
.
for Financing
for Development
. . .
320] Right of Agency
to Cure
Mortgage
Deed of Trust,
or Other
Security
Interest Default
.
. . .
. . . .
Certificate of Completion
E.
. . .
. . . .
14
14
15
15
15
16
16
17
17
IV. (§
400)
USE OF THE SITE . . . .
. . .
. . . . . . . .
18
A.
[§
401J
Uses
.
. . . . . . . .
18
B.
[§
4021
Maintenance of the
Site
. . . . . . . .
18
C.
[§
403]
Obligation to Refrain
From
Discrimination and
Local /Minority
Recruiting . . . .
.
. , , ,
19
D.
[§
404]
Form of Nondiscrimination
and
Nonsearegation Clauses
.
. . . . .
19
E.
[§
405]
Effect and Duration
of Covenants
21
F.
(§
406)
Rights of Access -
Public
Improvements
and Facilities . .
. . .
. . . . . . . .
21
V. [§
500]
DEFAULTS, REMEDIES AND
TERMINATION . . . . .
22
A.
(§
501]
Defaults - General
. . .
. . . . . . . .
22
B.
[§
502]
Legal Actions . .
22
1.
[§
503] Institution of
Legal
22
2.
[§
504] Applicable Law
. . . . .
23
3.
[§
505] Acceptance of
Service of Process
23
C.
[§
506]
Rights and Remedies
are Cumulative
. . .
23
D.
[§
507]
Damages . .
. . . .
. . . . . . .
23
E.
[§
508]
Specific Performance
. . . .
24
F.
(§
509)
Remedies and Rights
of Termination
. . .
24
1.
[§
510] Termination by
Participant
. . . .
24
2.
(§
511] Termination by
Agency
. . . . . . .
25
3.
(§
512) Right of Purchase
. . . .
28
G.
[§
513]
Liauidated Damaaes
for Failure
to
Complete Improvements
and
Commence
Operations . . . .
. . . .
. . . . . . .
28
VI. [§
600]
GENERAL PROVISIONS
29
A.
[§
601]
Notices Demands
and Co mmunications
Between the Parties
. . .
. . . . . . .
29
-ii-
PAGE
B.
[§
602]
Conflicts -of Interest
. . . .
29
C.
[§
603]
Nonliability of Agency
Officials and
Emnlovees
. . . .
29
D.
(§
604)
Enforced Delay: Extensions
of Time of
Performance
. . . . . . . . . .
30
E.
[ §.605]
Real Estate Commissions
30
F.
606]
Inspection of Books
and Records . . . .
30
G.
,(§
[§
607]
Submission of Documents
to the Agency
for Approv . .
. . . . . . . . . . . .
31
VII. [§
700]
ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS_
31
VIII.[§
800]
TIME
FOR ACCEPTANCE OF
AGREEMENT BY AGENCY;
DATE
OF AGREEMENT . .
. . . . . . . . . . . .
31
-iii-
0
' I41
NO. 1 Site Map
NO. 2
NO. 3
NO. 4
NO. 5
NO. 6
NO. 7
Legal Description of the Site
Schedule of Performance
E
Agreement Containing Covenants Affecting Real Property
(Agreement to be Recorded)
Scope of Development
Certificate of Completion
Memorandum of Agreement
L]
0
OWNER PARTICIPATION AGREEMENT
THIS AGREEMENT is entered into by and between THE LYNWOOD
REDEVELOPMENT AGENCY (the "Agency ") and James J. Oh (the
"Participant "). The Agency and the Participant agree as follows:
I. [§ 100] SUBJECT OF AGREEMENT
A. [§ 101] Purpose of the Agreement
The purpose of this Agreement is to effectuate the
Redevelopment Plan for the Lynwood Redevelopment Project Area A
(the "Project ") by providing for the improvement of the
hereinafter defined Site with the construction of a retail
market, as more particularly described in this Agreement and its
attachments. The improvements to be constructed by the
Participant pursuant hereto are sometimes referred to herein as
the "Participant Improvements ". This Agreement is entered into
for the purpose of developing the Site and not for speculation.
The development and operation of the Site for such uses pursuant
to this Agreement, and the fulfillment generally of this
Agreement, are in the vital and best interests of the City of
Lynwood (the "City ") and the health, safety and welfare of its
residents and in accord with the public purposes and provisions
of applicable federal, state and local laws and requirements.
This Agreement is subject to the provisions of the
Redevelopment Plan, which was approved and adopted on July 3,
1973 by Ordinance 945; subsequently amended December 27, 1973 by
Ordinance No. 960, on August 19, 1975 by Ordinance No. 990, on
June 1, 1976 by Ordinance No. 1000, on December 7, 1976 by
Ordinance No. 1010, on December 16, 1980 by Ordinance No. 1111,
and on July 19, 1988 by ordinance No.88 -1308. Said ordinances
and the Redevelopment Plan, as amended, are incorporated herein
by reference and made a part hereof as though set forth in full.
The Redevelopment Plan as amended is hereinafter referred to as
the "Redevelopment Plan ".
Any amendment hereafter to the Redevelopment Plan which
changes the uses or development permitted on the Site as proposed
in this Agreement or the restrictions or controls that apply to
the Site shall require the written consent of the Participant.
No other amendments to the Redevelopment Plan shall require the
consent of the Participant.
C. [§ 1031 The Project A
The Redevelopment Project Area (the "Project Area ") is
located in the City of Lynwood, in the State California. The
exact boundaries of the Project Area are specifically and legally
described in the Redevelopment Plan.
D. [§ 104] The Site
1 6
The "Site" is that portion of the Project Area designated
and illustrated.as such on the "Site Map" attached hereto and
incorporated herein as Attachment No. 1, and having the legal
description set forth in the "Legal Description of the Site ",
incorporated herein as Attachment No. 2 to this Agreement. The
property contained in the Site has easements appurtenant for non-
exclusive parking over contiguous property.
E. [§ 105] Parties to the Agreement
1. [§ 1061 Agency
The Agency is a public body, corporate and politic,
exercising governmental functions and powers, and organized and
existing under Chapter 2 of the Community Redevelopment Law of
the State of California.
The address of the Agency for purposes of this Agreement is:
11330 Bullis Road, Lynwood, California, 90262, Attention:
Executive Director.
"Agency" as used in this Agreement, includes the Lynwood
Redevelopment Agency, and any assignee of or successor to its
rights, powers and responsibilities.
2. [§ 1071 Participant
Participant is an,unmarried man.
The address of the Participant for purposes of this
Agreement is Mr. James J. Oh, c/o Frontier Food Warehouse, 3831
East Century Blvd., Lynwood, California 90262.
The Participant is an Owner Participant as defined in
Section 406 of the Redevelopment Plan.
•- •r •r r- -- rn
The qualifications and identity of the Participant are of
particular concern to the City and the Agency, and that it is
because of those qualifications and identity that the Agency has
entered into this Agreement with the Participant. The
Participant represents and agrees that its undertakings pursuant
to this Agreement are and will be used for the purpose of
redevelopment of the Site and not for speculation in land
holding.
No voluntary or involuntary successor in interest of the
Participant shall acquire any rights or powers under this
Agreement except as expressly set forth below:
-2-
Prior to the issuance by the Agency of the Certificate of
Completion pursuant to Section 321 hereof, the Participant shall
not assign or transfer or attempt to assign of transfer all or
any part of this Agreement or any rights herein without the
express written consent of the Agency.
After the issuance of a Certificate of Completion for all of
the Participant Improvements but prior to the fourth anniversary
of the issuance of the Certificate of Completion pursuant to
Section 321 of this Agreement, the Participant shall not assign
or transfer all or any part of this Agreement or any rights
hereunder without the prior written approval of the Agency.
After the issuance of the Certificate of Completion, the Agency
shall not unreasonably withhold its approval of an assignment or
sale to a proposed transferee having (i) at least five (5) years'
experience in the management of markets of size and character
comparable to (or larger than) than Participant Improvements
within the State of California; (ii) managerial operational
experience within the State of California; (iii) sufficient
capital to operate the market to be developed hereunder for a
period extending at least until the fourth anniversary of the'.
issuance of the Certificate of Completion; (iv) a plan
satisfactory to the Agency for management and operations of the
market which includes general procedures and an enumeration of
all key management personnel; and (v) entered into an agreement
with the Agency assuming the executory obligations of the
Participant for management of such portion as is proposed to be
transferred at any time prior to said fourth anniversary. An
operator satisfying the foregoing criteria (i) to (v),
inclusive, shall be a "Qualified Operator ".
Following said fourth anniversary, the Participant may
assign or sell rights in this Agreement, together with a sale of
the Site, without regard to this Section 108 which shall, as of
such time, have,no effect with respect to such assignment or
sale.
In the absence of specific written agreement by the Agency,
no assignment, transfer of this Agreement, any part thereof or
any right therein or approval thereof by the Agency shall be
deemed to relieve the Participant or any other party from any
obligation under this Agreement.
The restriction on assignment or transfer of this Agreement
contained in this Section do not govern a sale, transfer or lease
of the Site which matters are provided for in Section 317 hereof.
All of the terms, covenants and conditions of this Agreement
shall be binding upon and shall inure to the benefit of the
Participant and the permitted successors and assigns of the
Participant. Whenever the term "Participant" is used herein,
-3-
0
such term shall include any other permitted successors and
assigns as herein provided.
As part of the consideration for the development
opportunity provided pursuant to this Agreement, the Participant
shall pay to the Agency the sum of Five Thousand Dollars
($5,000) (the "Option Consideration "). Unless this Agreement is
terminated by the Participant prior to the sixtieth (60th) day
after the Agency executes this Agreement (the "Commitment Date ")
the Agency shall be entitled to retain the Option Consideration
upon payment without right of offset or recoupment by the
Participant.
The Agency and the Participant agree that in the event this
Agreement should be terminated as the result of the default of
the Participant prior to the sixtieth (60th) day after the
execution of this Agreement by the Agency, the Agency would
sustain damages (such as the loss of development opportunities
and potential tax revenues), and that it would be impractical or
extremely difficult to fix actual damages in case of
Participant's default, that the amount of the Option the
Consideration is a reasonable estimate of the damages which would
be sustained by the Agency, and may be retained by the Agency as
its own property without set -off or recoupment.
Participant's Initials Here Agency's Initials Here
II. [§ 200] THE SITE
A. [§ 201] Conditions Precedent to Commencement of
Construction
The Participant shall complete each of the following by the
respective times established therefor in the Schedule of
Performance and prior to commencement of construction (Attachment
No. 3)
a. The Participant has deposited the Option Price
with the Agency;
b. the Participant shall have executed and recorded
the Agreement to be Recorded in the form as attached as
Attachment No. 4, which is incorporated herein by this
reference;
C. the Participant shall not be in material default
of this Agreement;
-4-
0
d. the Participant provides
(certificates) conforming to
Agreement;
n
U
proof of insurance
the requirements of this
e. the Participant provides proof satisfactory to the
Agency that the Participant has obtained the Evidence
of Financing;
f. the Participant has obtained all approvals
required by Section 303 and 305 hereof.
The foregoing items a through f, inclusive, together
constitute the "Conditions Precedent to Commencement of
Construction."
B. [§ 202) Removal of Covenants Preventing the
Prior to or following the execution of this Agreement,
Participant may have requested or may request, in writing, that
the Agency acquire any and all covenants or other interests in
the Site required to effect the contemplated development thereof
by Participant including without limitation the restrictive
covenant preventing the operation of a food grocery market on the
Site ( "restrictive covenant "). Upon the Agency's receipt of such
request, provided.that the Participant is not in default of this
Agreement, the Agency will immediately commence negotiations for
the elimination of the restrictive covenant and any other
restrictions on or interests in the Site which prevent the
development of the Site in accordance with this Agreement.
In the event that negotiations are unsuccessful, the Agency
will consider a resolution of necessity or other appropriate
action in,order to obtain the removal of said restrictive
covenant. Nothing herein shall be construed as an approval of
said resolution of necessity or other action. If the Agency
chooses to consider a resolution of necessity, the Agency shall
not be under any obligation to make the findings required by
California Code of Civil Procedure § 1245.235, which findings
must be based on substantial evidence presented at said hearing
and subject to the Agency's exercise of discretion. At the time
of such consideration, if any, the Agency shall consider the
matter before it based on applicable legal standards. If the
Agency approves the resolution of necessity or other action, it
shall proceed to implement that approval expeditiously, subject
to the Participant being in compliance with the Agreement.
The Agency shall bear the first $100,000.00 of the cost of
implementing this Agreement with respect to the removal of the
restrictive covenant. Thereafter, Participant shall advance all
additional costs of implementing this Agreement. The cost of
-5-
0 0
removing the restrictive covenant (in excess of the first
$100,000.00) shall be repaid by the Agency together with interest
at the rate of eight percent (8$) per annum. The total amount of
the repayment shall not exceed an amount equal to eighty percent
(80 %) of the Agency's receipts of tax increment as the result of
the construction of the supermarket in accordance with the Scope
of Development. The Agency will not repay the relocation costs
which are the responsibility of the Participant or the cost of
removal of any other restrictions on or interests in the Site or
any other costs of development [except as otherwise addressed
herein]. Participant shall pay the Agency the cost of removing
the restrictive covenant within ten days of receiving written
notice from the Agency that payment of the cost of removing the
restrictive covenant is required.
In the event that negotiations are unsuccessful, the Agency
will consider a resolution of necessity or other appropriate
action in order to obtain the removal of any other restrictions
on or interests in the Site (except as to the restrictive
covenant referenced above). Nothing herein shall be construed as
an approval of said resolution of necessity or other action. If
the Agency chooses to consider a resolution of necessity, the
Agency shall not be under any obligation to make the findings
required by California Code of Civil Procedure § 1245.235, which
findings must be based on substantial evidence presented at said
hearing and subject to the Agency's exercise of discretion. At
the time of such consideration, if any, the Agency shall consider
the matter before it based on applicable legal standards. If the
Agency approves the resolution of necessity or other action, it
shall proceed to implement that approval expeditiously, subject
to the Participant being in compliance with the Agreement.
Participant shall reimburse the Agency for the cost of removing
any other restrictions on or interests in the Site. Such
reimbursement by Participant to the Agency shall not be repaid to
Participant.
C. [§ 2031 Condition of Title
1. The Site shall be subject to the covenants set forth
in the Agreement to be Recorded, and the parties agree that the
Agreement to be Recorded shall be recorded and encumber the
entire Site including property presently owned by the
Participant:.
D. [§ 204] Title Insurance
Prior to commencement of construction of any improvements
on the Site, North American Title Insurance Company or another
title insurance company satisfactory to the Participant and the
Agency ( "Title Company ") shall provide and deliver to the
Participant a title insurance policy issued by the Title Company
insuring that the Site is vested in the Participant in the
'MI:
condition required by this Agreement and in such condition as to
allow for the development of the Site in accordance herewith.
The title insurance policy for the Site shall be in the amount
equal to the fair market value thereof as determined by the
parties. The cost of title insurance shall be borne by the
Participant.
The Participant shall insure that the Agency receives copies
of all title insurance applicable to the Site.
E. [§ 205] Taxes and Assessments
Ad valorem taxes and assessments, if any, on the Site, the
improvements thereon or any part of either or on any interest
therein, and taxes upon this Agreement or any rights thereunder,
levied,.assessed, or imposed for any period, shall be paid by the
Participant.
F. [§ 206] Zoning of the Site
The zoning of the Site is presently "commercial ". The
Participant shall be responsible at its own expense for the
obtaining of any and all zone changes, variances, and permits
which may be required for the Development of the Site in
accordance herewith. The Agency agrees to provide appropriate
assistance to and cooperation with the Participant to obtain all
zoning and land use approvals from the City. Nevertheless, the
City is not a party to this Agreement and is not bound hereby.
Under no circumstances shall the Agency be responsible in
any way for the condition of the Site or title thereto. It shall
be the sole responsibility of the Participant, at the
Participant's expense, to investigate and determine the soil
conditions of the entire Site and the suitability of the Site,
the improvements thereon or any part of either for the
development to be constructed by Participant. If the soil
conditions of the Site, or any part thereof, are not in all
respects entirely suitable for the use or uses to which the Site
will be put, then it is the sole responsibility and obligation of
the Participant to take such action as may be necessary to place
the Site and the soil conditions thereof in all respects in a
condition entirely suitable for the development of the Site as
described in the Scope of Development (Attachment No. 5), and
this which may include demolishing, clearing, or
moving buildings, structures (including subsurface structures),
or other improvements, and removal of hazardous, toxic and /or
contaminating materials. The Participant agrees that it shall
perform and shall be solely responsible for the clean -up of any
hazardous, toxic and /or contaminating substances in or on the
Site.
-7-
0 0
The Participant hereby agrees to defend, release,
indemnify and hold harmless the Agency, the City, their officers,
employees and consultants, harmless from any and all claims,
actions, liability fines, penalties, charges, damages and costs
whatsoever (including attorneys' fees), arising out of or in
connection with any work or activity of or for the Participant on
or around the Site, and /or relating to the existence and /or
removal of hazardous, toxic and /or contaminating materials.
H. [§ 2081 Submission of Evidence of Financing
within the times established therefor in the Schedule of
Performance (Attachment No. 3), the Participant shall submit to
the Agency evidence reasonably satisfactory to the Agency that
the Participant has obtained sufficient equity capital and
commitments for the financing, necessary for the development of
the Site in accordance with this Agreement (the "Evidence of
Financing"). The Agency shall approve or disapprove such
Evidence of Financing within the times established in the
Schedule of Performance (Attachment No. 3). Such approval shall
not be unreasonably withheld.
If the Agency shall disapprove any such evidence of
financing, the Agency shall do so by written notice to the
Participant stating the reasons for such disapproval. The
Participant shall promptly obtain and submit to the Agency.new
evidence of financing. The Agency shall approve or disapprove
such new evidence of financing in the same manner and within the
same times established in this Section for the approval or
disapproval of the evidence of financing as initially submitted
to the Agency.
III. [§ 3001 DEVELOPMENT OF THE SITE
A. [§ 3011 Development of the Site
1. [§ 3021 Scone of Development
The -Site shall be developed by the Participant in accordance
with and within the limitations established in this Agreement,
including, but not limited to the Schedule of Performance, the
Scope of Development (Attachment No. 5), and all plans approved
by the Agency pursuant to this Agreement.
eta
within the time specified in the Schedule of Performance,
the Participant shall have provided the Agency, in detail
satisfactory to the Agency, information relative to the
construction management for the development of the Site and the
general contractor. Said information shall include, but not be
0 0
limited to a description of the entities having responsibility
for the management of construction and the general contracting, a
description of the developments of a size and scope at least
comparable to the development contemplated by this Agreement
which have been successfully completed by such entities, and
copies -of contracts for the management of the construction and
the general contracting which each of the entities are prepared
'to enter into. The Participant shall also submit at the same
time similar information regarding the entity or person which is
to manage the Site (including maintenance entity and leasing
agent) after construction is completed. Within thirty (30) days
of receipt of such information, the Agency shall either approve
or disapprove such entities; provided however, that the Agency
shall not disapprove any contractor or construction manager
demonstrating successful experience in the construction of
similar shopping centers. In the event of disapproval, the
Participant shall submit comparable information for another
entity within 30 days after such disapproval which information
shall be reviewed by the Agency in accordance with the provisions
of this Section 303 relating to the original submission of
information.
As to the approval of a general contractor and construction
manager and in lieu of the approval process described in the
,paragraph immediately above, the Participant may provide the same
information as described therein for a number of contractors
which the Agency will approve or disapprove, and the Participant
may then select among those approved by any means he deems
appropriate.
Prior to the execution of this Agreement by the Participant,
the Participant shall prepare and submit Design Concept Drawings
and related documents for the development of the Site to the
- Agency for review and written approval or disapproval. The
Design Concept Drawings and related documents shall include (1) a
site plan showing the placement and number of square feet of the
Participant Improvements to be constructed on the Site, the uses
of those-improvements, parking area and capacity, and general
landscaping treatment and location, (2) rough elevations from
each of the streets abutting the Site and from properties
abutting the Site, and (3) a general description of the
architectural theme of the improvements.
The Site shall be developed as established in the Basic
Concept Drawings and related documents except as changes may be
approved in writing by both the Participant and the Agency. Any
such changes shall be within the - limitations of the Scope of
Development.
ME
0 0
4. [§ 3051 Landscaping and Finish Grading Plans
The Participant shall prepare and submit to the Agency for
its approval or disapproval preliminary and final landscaping and
preliminary and finish grading plans for the Site, and shall
submit -to -the City a tentative tract map merging the existing
parcels on the Site into the a single parcel, pursuant to the
City's subdivision regulations. Those plans shall be prepared
and submitted within the times established in the Schedule of
Performance (Attachment No. 3).
The landscaping plans shall be prepared by a professional
landscape architect and the grading plans shall be prepared by a
licensed civil engineer. Such landscape architect and /or civil
engineer may be the same firm as the Participant's architect.
Within the times.established in the Schedule of Performance, the
Participant shall submit to the Agency for approval or
disapproval the name and qualifications of its architect,
landscape architect, and civil engineer.
Within the time set forth therefor in the Schedule of
Performance (Attachment No. 3), the Participant shall prepare
and submit to the Agency, Construction Drawings, Landscape Plans,
and related documents for development of the Site for
architectural review and written approval or disapproval. Any
items so submitted and approved in writing by the Agency shall
not be subject to subsequent disapproval.
Within the time set forth therefor in the Schedule of.
Performance (Attachment No. 3), the Participant shall prepare
and submit to the Agency "Final Construction Drawings ", Final
Landscaping Plan, Sign Program and Finish Grading Plan. Final
Construction Drawings are hereby defined as those in sufficient
detail to ,obtain a building permit.
During the preparation of all drawings and plans, staff of
the Agency and the Participant shall hold regular progress
meetings to coordinate the preparation of, submission to, and
review of drawings, plans and related documents by the Agency.
The staff of Agency and the Participant shall communicate and
consult informally as frequently as is necessary to insure that
the formal submittal of any documents to the Agency can receive
prompt and speedy consideration.
If any revisions or corrections shall be required by the
City Department of Community Development or any other official,
agency, department, division or bureau of the City of Lynwood
having jurisdiction, the Participant, and the Agency shall
cooperate to'accommodate such requirements.
-10-
i •
6. 3071 Agency Approval of Plans, Drawincrs, And
Re ated Documents
The Agency shall have the right of architectural review and
approval of all plans and submissions, including any proposed
changes therein. Architectural review shall be limited to the
building exterior. The Agency shall approve or disapprove the
plans, drawings and related documents referred to in Sections
304, 305 and 306 of this Agreement within the times established
in the Schedule of Performance (Attachment No. 3). The Agency
approvals shall not be unreasonably withheld. Any disapproval
shall state in writing the reasons for disapproval and the
changes which the Agency requests to be made. Such reasons and
such changes must be consistent with the Scope of Development
(Attachment No. 5) and any items previously approved hereunder.
The Participant, upon receipt of a disapproval based upon powers
reserved by the Agency hereunder shall revise the plans, drawings
and related documents, and shall resubmit to the Agency as soon
as possible after receipt of the notice of disapproval.
If the Participant desires to make any change in any
Drawings or plans after their approval by the Agency, such
proposed change shall be submitted to the Agency for approval.
The proposed change shall be approved or disapproved within the
Agency's discretion and the Participant shall be notified in
writing within thirty (30) days after submission. Any
disapproval of any such change, in whole or in part, shall state
in writing the reasons therefor, and such disapproval shall be
made within said thirty (30) day period.
Any plans or changes thereto submitted to the Agency by the
Participant but which are neither approved nor disapproved within
thirty (30) days after receipt by the Agency shall be deemed
approved.
7. (§ 3081 Cost of Development
The cost of preparing the Site shall be borne by the
Participant, including but not limited to any costs of
demolition, clearing or moving of existing improvements on or for
the development of the Site, street improvement and related
structures, sanitary sewers and storm drains, water system,
electric power and street lighting, gas lines and telephone lines
necessary to serve the development and /or the testing for and
removal of any hazardous /toxic substances in or around the Site.
However, the cost of underground utilities, to the extent shown
as the Agency's responsibility in the Scope of Development, and
all public improvements which may be desired by the city other
than those specified in the Scope of Development as the
responsibility of the Participant shall be borne by the Agency.
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0 0
All costs of developing the Site and constructing all
improvements thereon and in connection therewith notwithstanding
any requirement that such costs be borne by others (including the
Agency), relocation of all occupants of the Site in accordance
with the Agency's Relocation Guidelines and provisions of law,
(including the cost of relocating the Participant if necessary),
all governmental permits and approvals, costs of design and
construction, and financing, shall be borne by the Participant.
After the elimination of the Restrictive Covenant, the
Participant shall, if not previously obtained, obtain all
approvals required for the development of the Site, including
those specified herein, promptly begin and thereafter diligently
prosecute to completion the construction of the improvements on
the Site and the development thereof as provided in the Scope of
Development (Attachment No. 5) and plans approved pursuant
hereto. The Participant shall begin and complete all
construction and development within the times specified in the
Schedule of Performance (Attachment No. 3). The Schedule of
Performance is subject to revision from time to time as approved
in writing by the Agency.
During periods of construction, the Participant shall submit
to the Agency a written report of the progress of the
construction when and as reasonably requested by the Agency. The
report, shall be in such form and detail as may be reasonably
required by the Agency.
9. 3101 Indemnification During ConatructigM
Bodily InIury and Property Damage
I nsuran ce
The Participant agrees to and shall defend, release,
indemnify and hold harmless the Agency and the City and their
officers, employees, contractors, consultants and agents harmless
from and against all liability, loss, damage, costs, or expenses
(including reasonable attorneys' fees and court costs) arising
from or as a result of the death of any person or any accident,
injury, loss, or damage whatsoever caused to any person or to the
property of any person which shall occur directly or indirectly
as a result of or in connection with the acts of or on behalf of
the Participant in connection with the development of the Site
whether such damage shall occur or be discovered before or after
termination of this Agreement. The Participant shall not be
,responsible for, and such indemnity shall not apply to the extent
that such harm results from any negligence of the Agency and the
City, or their respective agents, servants, employees, or
contractors.
-12-
During the period commencing with any preliminary work by
Participant on or with regard to the Site, and ending on the date
when a Certificate of Completion has been issued with respect to
the Site, the Participant shall take out, maintain and furnish or
cause to be furnished to the Agency, duplicate originals or
appropriate certificates (countersigned by an authorized agent of
the insurer) of insurance as follows:
A. Comprehensive general liability (bodily injury and
property damage), automobile liability, (including owned, hired,
and non -owned vehicles),.blanket contractual liability, and
personal injury liability, all with limits not less than
$1,000,000 combined single limit per occurrence. All such
policies shall contain a waiver of subrogation for the benefit of
the Agency and the City.
B. Endorsements shall be obtained for the policies .
providing the above insurance for the following three provisions:
1. Additional named insureds:
"The City of Lynwood and the Lynwood
Redevelopment Agency, their elective and appointive boards,
officers, agents, consultants and employees are added as
additional named insureds with respect to this subject project
and contract with the Agency."
2. Notice.
"Said policy shall not terminate nor shall it be
cancelled or the coverage reduced until after 30 days written
notice is given to the,Lynwood Redevelopment Agency."
3. Primary coverage:
"Said policy and coverage as is afforded to the
City of Lynwood and the Lynwood Redevelopment Agency, their
elective and appointive boards, officers, agents, employees and
consultants shall be primary insurance and not contributing with
any other insurance maintained by the City of Lynwood or the
Lynwood Redevelopment Agency."
:� ! uITM•1 h. #•
The Participant for itself
agrees that in the construction
provided for in this Agreement,
discriminate against any employ
because of sex, marital status,
national origin, or ancestry.
and its successors and assigns
of the improvements on the Site
the Participant will not
ae or applicant for employment
race, color, creed, religion,
-13-
The Participant shall insure that recruiting for employees
required to be hired by contractors and subcontractors on the
Site is conducted first within the City of Lynwood, and to the
extent practicable within the Project Area. Special
consideration shall be given to recruiting in minority areas of
the City and the Project Area. within the time prescribed
therefor in the Schedule of Performance, the Participant shall
prepare and submit to the'Agency a Recruiting Plan which shall
specify the methods by which the Participant intends to comply
with the provisions of this paragraph. The Recruiting Plan shall
be subject to the approval or disapproval of the Agency. In the
event of disapproval, the Participant shall revise the Recruiting
Plan so as to meet the objections of the Agency.
To the greatest extent feasible, contracts
performed in connection with the development of
awarded to business concerns which are located
the substantial part by persons residing in the
and /or the City, provided such concerns are the
responsible bidder.
11. [§ 312]
for work to be
the Site shall be
Ln, or owned in
Project Area
lowest
The Participant shall carry out the construction of the
improvements on the Site in conformity with all applicable laws,
including all applicable Federal and state labor standards.
1 12. [§ 3133 City and Other Governmental Agency
Permits
Before commencement of construction or development of any
buildings, structures or other works of improvement upon the Site
or within the Project Area, and within the time prescribed
therefor in the Schedule of Performance, the Participant shall,
at its own expense, secure or cause to be secured any and all
permits which may be required by the City or any other
governmental agency affected by such construction, development or
work, including but not limited to conditional use permit(s),
grading, building and sign permits and the parcel map.merging the
Site described in Section 305 hereof. It is understood that the
Participant's obligation is to pay all necessary fees and to
timely submit to the City final drawings with final corrections
to obtain a building permit.
13. [§ 3143 Rights of Acgess
Representatives of the Agency and the City shall have the
reasonable right of access to the Site, the improvements thereon
or any part of either without charges or fees, at normal
construction hours during the period of construction for any
purpose deemed necessary by the Agency for carrying out the
-14-
purposes of this Agreement, or the provisions of the
Redevelopment Plan, including, but not limited to, the inspection
of the work being performed in constructing the improvements.
Such representatives of the Agency or the City shall be those who
are so identified in writing by the Executive Director of the
Agency.
14. [§ 315] Construction Signs
The Participant shall place and maintaining on the Site
during construction at least one sign indicating the respective
parts of the Participant and the Agency in the Project, all in a
form subject to the approval of the Agency. The cost of the sign
shall be borne solely by the Participant.'
The Participant shall pay when due all real estate taxes and
assessments assessed and levied on or against the Site and each
portion thereof. Nothing herein contained shall be deemed to
prohibit the Participant from contesting the validity or amount
of any tax assessment, encumbrance or lien, nor to limit the
remedies available to the Participant in respect thereto, so long
as such contest shall not subject the Site or any portion thereof
to forfeiture or sale.
•[ •i :•• a at' -
No voluntary or involuntary successor in interest of the
Participant shall acquire any rights or powers under this
Agreement except as expressly set forth herein.
Prior to the recordation by the Agency of a Certificate of
Completion as described in Section 321 hereof, the Participant
shall not make any total or partial sale, transfer, conveyance or
assignment of the whole or any part of the Site or the
improvements thereon within such Phase without prior written
approval of the Agency. This prohibition shall not apply to the
Site (or any portion thereof) subsequent to the recordation of
the Certificate of Completion with respect thereto. This
prohibition shall not be deemed to prevent the granting of
easements or permits necessary for the development of the Site
pursuant to the Scope of Development, nor shall it prohibit
granting any security interests expressly described in this
Agreement for financing the acquisition and development of the
Site.
In the event that the Participant does sell, transfer,
convey or assign any part of the Site or any improvements
thereon as prior to the issuance of the Certificate of
Completion, or attempt to do so, the Agency shall be entitled.to
Any right or remedy authorized herein or in law or equity.
-15-
After the issuance of a Certificate of Completion for all of
the Participant Improvements but prior to the fourth anniversary
of the issuance of the Certificate of Completion as described in
Section 321 hereof, the Participant shall not sell, transfer,
convey, or assign all or any part of the Site or the
improvements thereon without the prior written approval of the
Agency. After the issuance of the Certificate of Completion,
the Agency shall not unreasonably withhold its approval of an
sale or transfer to Qualified Operator.
Whenever the Participant does sell, transfer convey or
assign the Site, he shall only sell, transfer, convey, or assign
the Site as a whole and is not permitted to further subdivide the
Site for the duration of the Redevelopment Plan without the prior
written consent of the Agency.
In the absence of specific written agreement by the Agency,
no sale, transfer, conveyance or assignment of the Site, or any
portion thereof, or the improvements thereon, or approval by the
Agency of any such sale, transfer, conveyance or assignment,
shall be deemed to relieve the Participant or any other party
from obligations under this Agreement.
D. [§ 318) Security Financing
[§ 319]
Notwithstanding Section 316, mortgages, deeds of trust,
conveyances and leases -back, or any other form of conveyance
required for any reasonable method of financing are permitted
before the recordation of the Certificate of Completion (referred
` to in Section 325 of this Agreement), but only for the purpose of
securing loans of funds to be used only for financing the
construction of improvements on the Site, and any other
expenditures necessary and appropriate to develop the Site under
this Agreement. The Participant shall not enter into any such
mortgage or deed of trust without the prior written approval of
the Agency, which will not be unreasonably withheld.
The words "mortgage" and "deed of trust" as used herein
include all other modes of financing real estate acquisition,
construction, and land development.
The Participant shall remove or have removed any levy or
attachment made on the Site or any part thereof, or assure the
satisfaction thereof within a reasonable time but in any event
prior to a sale thereunder.
-16-
0
The Participant shall notify the Agency in advance of any
mortgage, deed of trust or sale and lease -back financing, if the
Participant proposes to enter into the same before the issuance
of the Certificate of Completion.
2. [§ 320]
Prior to the recordation of the Certificate of Completion
(referred to in Section 321 of this Agreement), and after the
Participant has had a reasonable time to challenge, cure or
satisfy any liens or encumbrances on the Site (or any portion
thereof), the Agency shall have the right to satisfy any such
liens or encumbrances; provided, however, that nothing in this
Agreement shall require the Participant to pay or make provisions
for the payment of any tax, assessment, lien or charge so long as
the Participant in good faith shall contest the validity or
amount thereof, and so long as such delay in payment shall not
subject the Site (or any portion thereof) to forfeiture or sale.
F. [§ 3211 Certificate of Completion
Promptly after completion of all construction and
development to be completed by the Participant upon the Site, as
determined by the Agency, and after the approval by the Agency of
the Property Management Program as' described in Section 402
hereof, the Agency shall furnish the Participant with a
Certificate of Completion upon written request therefor by the
Participant. Such Certificate shall be in the form of Attachment
No. 6 hereto. The Agency shall not unreasonably withhold any
such Certificate of Completion. Such Certificate of Completion
shall be, and shall state that it is, a conclusive determination
of satisfactory completion of the construction and development
required by this Agreement upon the Site. The Certificate of
Completion shall not constitute a determination of satisfactory
compliance with any other provision of this Agreement.
After the recordation of the Certificate of Completion, any
party then owning or,thereafter purchasing, leasing, or otherwise
acquiring any interest therein shall not (because of such
ownership, purchase, lease or acquisition) incur any obligation
or liability under this Agreement, except that such party shall
be bound by any covenants contained in the Agreement to be
Recorded.
The Certificate of Completion shall be in such form as to
permit it to be recorded in the Office of the Recorder of Los
Angeles County.
If the Agency refuses or fails to furnish a Certificate of
Completion for the Site after written request from the
Participant, the Agency shall, within thirty (30) days of the
-17-
written request, provide the Participant with a written statement
which details the reasons the Agency refused or failed to furnish
a Certificate of Completion. The statement shall also contain
the Agency's opinion of the action the Participant must take to
obtain a Certificate of Completion. If the Agency shall have
failed to provide such written statement within said thirty '(30)
day period, the Participant shall be deemed entitled to the
Certificate of Completion.
If the reason for such refusal is confined to the immediate
availability of specific items of materials for landscaping, the
Agency will issue its Certificate of Completion upon the posting
of a bond by the Participant with the Agency in an amount
representing a fair value of the work not yet completed.
Such Certificate of Completion shall not constitute evidence
of compliance with or satisfaction of any obligation of the
Participant to any holder of a mortgage, or any insurer of a
mortgage securing money loaned to finance the improvements, nor
any part thereof. Such Certificate of Completion is not notice
of completion as referred to in Section 3093 of the California
Civil Code.
IV. [§ 400] USE OF THE SITE
A. [§ 4011 Uses
The Participant covenants and agrees for itself, its
successors, its assigns and every successor in interest to the
Site or any part thereof, that during construction and thereafter
the Participant its successors and assigns shall develop and
devote the Site to the uses specified in.the Redevelopment Plan,
the Scope of Development (Attachment No. 5), the Agreement to be
Recorded (Attachment No. 4), this Article IV and all plans
approved by the Agency pursuant to this Agreement and shall
divide the Site only as prescribed herein.
B. [§ 402] Maintenance of the Site
Solely at the Participant's expense the Participant shall
maintain the improvements on the Site in good condition and
appearance, consistent with the plans and specifications approved
by the Agency pursuant to this Agreement. Participant shall keep
the Site free of graffiti, debris and waste materials.
The Participant shall also maintain the landscaping required
to be planted under the Scope of Development (Attachment No. 5)
in a healthy condition.
If, at any time, Participant fails to maintain the Site as
required by this Section 402, and said condition is not corrected
after the expiration of thirty (30) days from the date of written
CFM
notice from the Agency, either the Agency or the City may perform
the necessary landscape or other maintenance, or other actions
and Participant shall pay all costs incurred for such
maintenance.
C. (§ 403)
The Participant covenants and agrees for itself, its
successors, its assigns and every successor in interest to the
Site or any part thereof, there shall be no discrimination
against or segregation of any person, or group of persons, on
account of sex, marital status, race, color, creed, religion,
national origin or ancestry in the sale, lease, sublease,
transfer, use, occupancy,.tenure or enjoyment of the Site nor
shall the Participant itself or any person claiming under or
through it establish or permit any such practice or practices of
discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees,
subtenants, sublessee, or vendees of the Site.
The Participant shall insure that all leases of any of the
Participant Improvements contain the following provision:
"The lessee herein covenants by and for itself, its
successors and assigns, and all persons claiming under
or through them, and this lease is made and accepted
upon and subject to the following condition:
That in recruiting for employees to be hired to work in
the Leased Premises, the Lessee shall recruit first
within the City of Lynwood and particularly within the
Lynwood Redevelopment Project Area "A ", and that such
recruiting efforts shall be focused, insofar as
possible in the minority areas of the City. The Lessee
shall submit a recruiting plan to the Lynwood
Redevelopment Agency which must be approved before the
recruiting takes place."
In addition, as to those portions of the Participant
Improvements which are to be operated by the Participant, the
Participant agrees to abide by the above described provision
which is made a part of this Agreement.
D. [§ 404]
The Participant shall refrain from restricting the rental,
sale or lease of the property on the basis of sex, marital
status, race, color, creed, religion, ancestry or national origin
of any person. All deeds, leases or contracts shall contain or
-19-
be subject to substantially the following nondiscrimination or
nonsegregation clauses:
1. In deeds: "The grantee herein covenants by and
for itself, its successors and assigns, and all
persons claiming under or through them, that there
shall be no discrimination against or segregation
of, any person or group of persons on account of
sex, marital status, race, color, creed, religion,
national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or
enjoyment of the land herein conveyed, nor shall
the grantee itself or any person claiming under or
through it, establish or permit any such practice
or practices of discrimination or segregation with
reference to the selection, location, number, use
or occupancy of tenants, lessees, subtenants,
sublessee, or vendees in the land herein conveyed.
The foregoing covenants shall run with the land."
In leases: "The lessee herein covenants by and
for itself, its successors and assigns, and all
persons claiming under or through them, and this
lease is made and accepted upon and subject to the
following conditions: I
That there shall be no discrimination against or
segregation of any person or group of persons, on
account of sex, marital status, race, color,
creed, religion, national origin or ancestry in
the leasing, subleasing, renting, transferring,
use, occupancy, tenure or enjoyment of the land
herein leased, nor shall lessee itself, or any
person claiming under or through it, establish or
permit such practice or practices of
discrimination or segregation with reference to
the selection, location, number, use or occupancy
of tenants, lessees, sublessee, subtenants, or
vendees in the land herein leased."
3. In contracts: "There shall be no discrimination
against or segregation of any person or group of
persons on account of sex, marital status, race,
color, religion, creed, national origin or
ancestry 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 it, establish or permit
any such practice or practices of discrimination
or segregation with reference to the selection,
location, number, use or occupancy of tenants,
-20-
lessees, subtenants, sublessee, or vendees of the
land."
The covenants established in this Agreement shall, without
regard to technical classification and designation, be binding on
Participant and any successor in interest to the Site or any part
thereof for the benefit and in favor of the Agency, its
successors and assigns, and the City. Such covenants as are to
survive the issuance of the Certificate of Completion by the
Agency shall be as set forth in the Agreement to be Recorded and
the Conveyancing Instrument.
The covenants, contained in this Agreement shall remain in
effect until the issuance of the Certificate of Completion. The
covenants contained in the Agreement to be Recorded and the
Conveyancing Instrument shall remain in` effect as specified
therein. The covenants against racial discrimination shall
remain in effect in perpetuity.
The Agency is deemed the beneficiary of the terms and
provisions of this Agreement and of the covenants running with
the land, for and in its own rights and for the purposes of
protecting the interests of the community and other parties,
public or private, in whose favor and for whose benefit this
Agreement and the covenants running with the land have been
provided. The Agreement and the covenants shall run in favor of
the Agency, without regard to whether the Agency has been,
remains or is an owner of any land or interest therein in the
Site or in the Project Area. The Agency shall have the right, if
the Agreement or covenants are breached, to exercise all rights
and remedies, and to maintain any actions or suits at law or in
equity or other proper proceedings to enforce the curing of such
breaches to which it or any other beneficiaries of this Agreement
and covenants may be entitled.
F. [§ 406] Rights of Access -
Notwithstanding the Participantts obligation to maintain the
improvements to the Site as set forth in Section 402 above, the
Agency for itself, and for the City and other public agencies, at
their sole risk and expense, reserve the right to enter the Site
or any part thereof at all reasonable times and with as little
interference as possible, for the purposes of construction,
reconstruction, maintenance, repair or service of any public
improvements or public facilities located on the Site. Any such
entry shall be made only after reasonable notice to Participant.
Any damage or injury to the Site resulting from such entry shall
be promptly repaired at the sole expense of the public agency
responsible for the entry.
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V. (§ 5001 DEFAULTS, REMEDIES AND TERMINATION
A. (§ 5011 Defaults - General
Subject to the extensions of time set forth in Section 604,
failure or delay by either party to perform any term or provision
of this Agreement constitutes a default under this Agreement.
The party who fails or delays must immediately commence to cure,
correct or remedy such failure or delay and shall complete such
cure, correction or remedy with diligence.
The injured party shall give written notice of default to
the party in default, specifying the default complained of by the
injured party. Failure or delay in giving such notice shall not
constitute a waiver of any default, nor shall it change the time
of default. Any failures or delays by either party in asserting
any of its rights and remedies as to any default shall not
operate as a waiver of any default or of any such rights or
remedies. Delays by either party in asserting any of its rights
and remedies shall not 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.
As provided below and except as required to protect against
further damages, the injured party may not institute proceedings
against the defaulting party until thirty (30) days after giving
notice of the default has expired.
Notwithstanding any provision of this Agreement to the
contrary, the Participant agrees and acknowledges that any
failure or delay of the Agency to acquire any and all covenants
or other interests in the Site required to effect the
contemplated development thereof by Participant, .including
without limitation the restrictive covenant preventing the
operation of a food grocery market on the Site, shall not give
rise to any cause of action for damages and shall not be deemed
to constitute breach of this Agreement.
Acti B. 5021 Lecral
[5 5031 I nstitution of Lectal Action
Except for actions for the recovery of certain damages (as
set forth in Section 507 herein), and for specific performance
(as set forth in Section 508 herein), and in addition to any
other rights or remedies, either party may institute legal action
to cure, correct or remedy any default, to recover damages for
any default, or to obtain any other remedy in law or equity
consistent with the purpose of this Agreement. All legal
actions on this Agreement must be instituted in the Superior
Court of the County of Los Angeles, State of California, in any
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0 0
other appropriate court of that county, or in the Federal
District Court in the Central District of California.
2. (§ 5041 Applicable Law
The laws of the State of California shall govern the
interpretation and enforcement of this Agreement.
F-3 4W-f47qkTj -
In the event that any legal action is commenced by the
Participant against the Agency, service of process on the Agency
shall be made by personal service upon the Executive Director of
the Agency, or in such other manner as may be provided by law.
In the event that any legal action is commenced by the
Agency against the Participant, service of process on the
Participant shall be made by personal service upon an officer of
the Participant, or in such manner as may be provided by law,
and shall be valid whether made within or without the State of
California.
Unless and only to the extent that rights and remedies are
expressly declared to be exclusive in this Agreement, the rights
and remedies of the parties are cumulative, and the exercise by
either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of
any other rights or remedies for the same default or any other
default by the other party.
D. (§ 5071 Damaaes
If either party defaults with regard to any of the
provisions of this Agreement, the nondefaulting party shall serve
written notice of such default upon the defaulting party. If the
default is not commenced to be cured within thirty (30) days
after service of the notice of default and is not cured promptly
in a continuous and diligent manner within a reasonable period of
time after commencement, the defaulting party shall be liable to
the nondefaulting party for any damages caused by such default
which are not described in Sections 109 or 513 herein, and the
nondefaulting party may thereafter (but not before) commence an
action for damages against the defaulting party with respect to
such default. No such notice or 11 30 day grace period" shall be
applicable to the damages described in Sections 109 or 513
herein.
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E. [4 508] Specific Performance
If either party defaults with regard to any of the
provisions of this Agreement, the nondefaulting party shall serve
written notice of such default upon the defaulting party. If the
default is not commenced to be cured within thirty (30) days
after service of the notice of default and is not cured promptly
in a continuous and diligent manner within a reasonable period of
time after commencement the nondefaulting party, at its option,
may thereafter (but not before) commence an action for specific
performance of the terms of this Agreement pertaining to such
default.
(a) In the event that the Participant requests in writing,
that the Agency acquire any and all covenants or other interests
in the Site required to effect the contemplated development
thereof by Participant, including without limitation the
restrictive covenant preventing the operation of a food grocery
market on the Site, and:
(1) the Agency does not commence negotiations for
elimination of the restrictive covenant and any
other restrictions and /or interests in the site
which prevent the development of the Site in
accordance with this Agreement, within ninety (90)
days after the date that written notification
thereof by Participant is received by the Agency;
or
(2) if the Agency commenced negotiations for
elimination of the restrictive covenant and any
other restrictions and /or interests in the Site
which prevent the development of the Site in
accordance with this Agreement, and those
negotiations are unsuccessful, the Agency fails to
consider a resolution of necessity or other
appropriate action in order to remove the
restrictive covenant and any other restrictions
and /or interests in the Site; or
(3) if the Agency considers a resolution of necessity
or other appropriate action in order to remove the
restrictive covenant and any other restrictions
and or interests in the Site and does not adopt
the resolution of necessity or is otherwise unable
to remove the restrictive covenant and any
restrictions and /or other interests in the Site
-24-
E
F
which prevent the development of the Site in
accordance with this Agreement,
then this Agreement shall, at the option of the Participant be
terminated by written notice thereof to the Agency, and neither
the Agency nor the Participant shall have any further rights
against or liability to the other under this Agreement or with
respect to the Site, except that any monies theretofore paid by
the Participant as a portion of the cost to remove the
restrictive covenant and the Option Consideration shall be
immediately repaid to the Participant except for the portion
thereof previously expended by the Agency in the effort to
eliminate the restrictive covenant.
(b) In the event that the Participant, prior to the date
specified in the Schedule of Performance, has reasonably
determined that the existence of hazardous and /or toxic waste on
or beneath the surface of the Site or the soils condition of the
Site renders the development contemplated by this Agreement
economically infeasible, then this Agreement shall at the option
of the Participant be terminated by written notice thereof to the
Agency, and neither the Agency nor the Participant shall have any
further rights against or liability to the other under this
Agreement or with respect to the Site except as not forth in
Section 514 hereof.
(c) In the event that the Participant, prior to the time
specified therefor in the Schedule of Performance has been
unable after good faith efforts, to remove any restrictions on
the use of the Site or any part thereof which may impede the
development of the Site in accordance with this Agreement, then
this Agreement shall at the option of the Participant be
terminated by written notice thereof to the Agency, and neither
the Agency nor the Participant shall have any further rights
against or liability to the other under this Agreement or with
respect to the Site.
2. [§ 511] Termination by Aaency
(a) The Agency at its option may terminate this
Agreement if it does not make the determination required to aid
the Participant if such aid is necessary in order to effectuate
the redevelopment in accordance herewith. In the event of such
termination pursuant to this paragraph, neither the Agency nor
the Participant shall have any further rights against or
liability to the other under this Agreement or with respect to
the Site except that in the event that the Participant is not in
default of this Agreement, he shall be entitled to the return of
the Option Consideration.
(b) The Agency at its option may terminate this
Agreement in the event that, in violation of this Agreement:
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E
�-I
(i) the Participant (or any successor in interest)
assigns or attempts to assign the Agreement or
any right therein, or in the Site, or any
portion thereof or any of the improvements
thereon contrary to any provision; or
(ii) the Participant fails to submit certificates of
insurance, Evidence of Financing, plans,
drawings, and related documents as required by
this Agreement by the dates respectively
provided in this Agreement therefor; or
(iii) the Participant fails to make the payments
required pursuant to Section 701 hereof;
(iv) the Participant has failed to satisfy the
Participant's Conditions Precedent to the
Commencement of Construction within the times
provided therefor;
(v) Fail to commence construction of the
improvements as required by this agreement for
a period of sixty (60) days after written
notice to proceed from the Agency;
(vi) Abandon or substantially suspend construction
of the improvements for a period of sixty (6o)
days after written notice of such abandonment
or suspension from the Agency; or
(vii) Fail to complete the construction of the
improvements in accordance with this Agreement;
or
(viii) Transfer or suffer any involuntary transfer of
the Site, or any part thereof, in violation of
this Agreement, and such violation shall not be
cured within ninety (90) days after written
demand by Agency to Participant.
and default or failure referred to in any subdivision of this
Section 511(b) shall not be cured within thirty (30) days after
the date of transmission of written demand by the Agency; then
this Agreement and any rights of the Participant, or any assignee
or transferee, in this Agreement, or arising therefrom with
respect to the Agency, shall at the option of the Agency, be
terminated by the Agency by written notice to the Participant,
and neither the Agency nor the Participant (and /or such assignee
or transferee), shall have any further rights against or
liability to the other under this Agreement or with respect to
the Site, except that to the extent that the Covenant Costs has
-26-
been paid to the Agency, less any amounts thereof previously
expended to eliminate the restrictive Covenant, and less the
amount of any damages to which the Agency may be entitled
hereunder, it shall be refunded to the Participant; and except as
the Agency may be otherwise entitled to damages or other remedies
under this Agreement or in law or equity; and except as except as
set forth in section 512 hereof.
(c) In the event that the Partipant requests in writing,
that the Agency acquire any and all covenants or other interests
in the Site required to effect the contemplated development
thereof by Participant, including without limitation the
restrictive covenant preventing the operation of a food grocery
market on the Site, and:
(1) the Agency does not commence negotiations for
elimination of the restrictive covenant and any
other restrictions and /or interests in the Site
which prevent the development of the Site in
accordance with this Agreement, within ninety (90)
days after the date that written notification
thereof by Participant is received by the Agency;
or
(2) if the Agency commenced negotiations for
elimination of the restrictive covenant and any
other restrictions and /or interests in the Site
which prevent the development of the Site in
accordance with this Agreement, and those
negotiations are unsuccessful, the Agency fails to
consider a resolution of necessity or other
appropriate action in order to remove the
restrictive covenant and any other restrictions
and /or interests in the Site; or
(3) if the Agency considers a resolution of necessity
or other appropriate action in order to remove the
restrictive covenant and any other restrictions
and or interests in the site and does not adopt
the resolution of necessity or is otherwise unable
to remove the restrictive covenant and any
restrictions and /or other interests in the Site
which prevent the development of the Site in
accordance with this Agreement,
then this Agreement shall at the option of the Agency be
terminated by written notice thereof to the Participant, and
neither the Agency nor the Participant shall have any further
rights against or liability to the other under this Agreement or
with respect to the Site.
-27-
0 0
the Agency, in the event of a failure to timely
complete the improvements on the Site shall be entitled
to any and all damages to which it may be entitled
pursuant to law or equity.
6. The remedy provided in this Section 513 is not
exclusive of remedies other than damages, but is in
lieu of any other damage remedy which would have been
applicable to this default.
Participant's Initials Here Agency's Initials Here
VI. [§ 6001 GENERAL PROVISIONS
A.. [§ 6011 Notices. Demands. and Communications Between
the Parties
Formal notices, demands, and communications between the
Agency and the Participant shall be sufficiently given if
dispatched by registered or certified mail, postage prepaid,
return receipt requested, to the principal offices of the Agency
and the Participant, as designated in Sections 106 and 107
hereof. Such written notices, demands and communications may be
sent in the same manner to such other addresses as either party
may from time to time designate by mail as provided in this
Section 601.
B. [§ 6021 Conflicts of Interest
No member, official or employee of the Agency shall have any
personal interest, direct or indirect, in this Agreement nor
shall any such member, official or employee participate in any
decision relating to the Agreement which affects his personal
interests or the interests of any corporation, partnership or
association in which he : is, directly or indirectly, interested.
The Participant warrants that it has not paid or given, and
will not pay or give, any third party any money or other
consideration for obtaining this Agreement. "Third parties" for
purposes of this Agreement shall.not be deemed to include
persons to whom fees are paid or are to be paid for professional
services, such as attorneys, accountants, engineers, architects
and development consultants, when such fees are reasonably
considered necessary for the development of the Site by the
Participant.
N onliability of A ,,
E
No member, official, employee or consultant of the Agency or
the City shall be personally liable to the Participant, or any
-29-
0 0
su bmission h= •,
Ap . -
When this Agreement requires the Participant to submit
plans, drawings or other documents to the Agency for approval,
which shall be deemed approved if not acted on by the Agency
within the specified time, said plans, drawings or other
documents shall be accompanied by a letter stating that they are
being submitted and will be deemed approved unless rejected by
the Agency within the stated time.
VII. [§ 700) ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS
This Agreement shall be executed in five duplicate originals
each of which is deemed to be an original. This Agreement
includes thirty (30) pages and seven (7) attachments which
constitute the entire understanding and agreement of the
parties.
This Agreement integrates all of the terms and conditions
mentioned herein or incidental hereto, and supersedes all
negotiations or previous agreements between the parties with
respect to all or any part of the Site.
All waivers of the provisions of this Agreement must be in
writing and signed by the appropriate authorities of the Agency
or the Participant, and all amendments hereto must be in writing
and signed by the appropriate authorities of the Agency and the
Participant. This Agreement and any provisions hereof may be
amended by mutual written agreement by Participant and the Agency
and such amendment shall not require the consent of any other fee
owner, tenant, lessee, easement holder, licensee, mortgagee,
trustee, beneficiary under a deed of trust, or any other person
or entity having an interest in the Site.
It is hereby agreed and understood by the agency and the
Participant that the "Memorandum of Agreement." which is attached
hereto as Attachment No. 7 and is incorporated herein by
reference, shall be recorded in the Office of the County Recorder
of the County of Los Angeles immediately upon execution of this
Agreement by bother parties hereto, or at such other time as may
be designated by the Agency.
VIII.[§ 800) TIME FOR ACCEPTANCE OF AGREEMENT BY AGENCY;
DATE OF AGREEMENT
This Agreement, when executed.by the Participant and
delivered to the Agency, must be authorized, executed and
delivered by the Agency within forty -five (45) days after this
Agreement is signed by the Participant, or this Agreement may be
terminated by the Participant on written notice to the Agency.
-31-
0
0
The date of this Agreement shall be the date it is signed by the
Agency.
Dated:
ATTEST:
By:
Secretary
APPROVED AS TO FORM:
KANE, BALLMER AND BERKMAN
Agency Special Counsel
By
LYNWOOD REDEVELOPMENT AGENCY
(Agency)
By:
Executive Director
JAMES OH
(Participant)
Dated:
k: \cp \lyn \prof#& \oh \mar90.0VA
-32-
ATTACHMENT N0. 1
Site Map
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TRACT NO. 15016
IMPORTANT: this a nO • ilq of wrv". If I 'Um"W .. • onv.nmwma ro Wa» m 1 :.nc Inawarr. m.r.on
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6. Submission of Construction
Drawings and Related
Documents and the Recruiting
Plan Participant shall
submit construction drawings
and all other plans and
documents required by
Section 304 and the
Recruiting Plan.
0
Within twelve (12) weeks
after Agency approves Design
Concept Drawings.
7. Agency Review of Within four (4) weeks after
Construction Drawings and submittal by Participant.
Related Documents Agency
approves or disapproves
construction drawings and
other documents or plans.
Submission of Revised Within three (3) weeks after
Construction Drawings and disapproval, until approval
Related Documents If is granted.
original submittal or
resubmittal disapproved,
Participant revises
disapproved plans or
documents and resubmits to
Agency.
• •11 • � �.• • 1141. �1iF�3 :1�i��I���f• }�:L���:i4F�w1
9. Submis
r.ion urawings ana i,anascaoing
Plan Participant shall
submit to the Agency
complete Construction
(working) Drawings and a
Final Landscaping Plan, Sign
Program, and Finish Grading
Plan.
Within four (4) weeks after
approval of the Construction
Drawings, but in no event
later than June 1, 1990.
10.
Drawings and Plans The
Agency shall approve or
disapprove the Complete
Construction (working)
Drawings and the Landscaping
Plan, Sign Program, and
Finish Grading Plan.
Within four (4) weeks after
submittal.
•
11. Revisions. if any
Participant shall prepare
revised Construction
(working) Drawings as
necessary, and submit them
to Agency for review.
12. Final Review of Complete
Drawings The Agency shall
approve the revisions
submitted by the Participant
provided that the revisions
necessary to accommodate the
Agency's comments have been
made.
13.
Permits Participant shall
obtain all building and
other permits needed to
commence construction of the
Participant Improvements.
Agency shall provide
appropriate assistance to
Participant as requested from
time to time in dealing with
all City agencies.
0
Within two (2) weeks after
receipt of Agency's comments.
Within two (2) weeks after
submittal by Participant.
Not later than six (6) weeks
after final approval of
complete drawings. Approval
of the Finish Grading Plan,
completion of Final
Landscaping Plan and Sign
Program, and the
satisfaction of the
Conditions Precedent to the
Commencement of Construction
are all conditions to the
issuance of building
permits. Building permits
shall be obtained not later
than September 1, 1990.
14. Soils Condition Not later than sixty (60)
Participant shall inspect the days after execution of the
condition of the Site for Agreement.
soil conditions provide a
report to Agency of such
condition.
15. Negotiations The Within thirty (30) days after
Participant shall commence the execution of this
negotiations for the Agreement, subject to the
elimination of the conditions set forth in
Restrictive Covenants. Section 204.
16. Determination of Assistance. Within seventy five (75) days
Agency and Participant shall. after execution of this
determine assistance re: §§ Agreement by the Agency.
201.e and 701.
0
17.
Financinc Participant
shall submit to Agency
evidence of financing for
the Participant
Improvements.
18. Approval - Evidence of
Financing Agency shall
approve or disapprove
evidence of financing.
•
Within thirty (30) days after
Agency approval of final
construction drawings but
before commencement of
construction.
Within fifteen (15) days
after receipt.
19. Conditions Precedent By September 1, 1990.
Participant satisfies all of
the Conditions Precedent to
the Commencement of
Construction.
20. Submission - Evidence of Within thirty (30) days after
Insurance Participant shall Agency approval of final
submit to Agency evidence of construction drawings but
insurance. before commencement of
construction.
21. Construction Management Within thirty (30) days after
Participant shall submit submittal of final
evidence of the construction construction drawings.
management team.
22. Approval - Construction Within twenty (20) days after
Management Agency shall submitted to Agency.
approve or disapprove the
construction management team.
23. Conditions Precedent By April 1, 1990.
Participant satisfies all of
the Conditions Precedent to
the Elimination of
Restrictive Covenant.
24. Commencement of Not later than September 1,
Construction Participant 1990.
shall commence construction
of the Participant
Improvements.
25.
Completion of Construction
and Commencement of
Operations Participant
shall complete construction
of all of the Participant
Improvements and commence
operations of all
improvements of which he has
control.
k: \c9 \Lyn \pro#a \oh \opanew.at3
•
Not later than eighteen (18)
months after the earlier of
(i) the commencement of
construction of the
Participant Improvements or
(ii) March 1, 1992, whichever
is earlier.
LYN.GEN \CB \OH.AT4
ATTACHMENT NO. 4
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
The Lynwood Redevelopment Agency
11330 Bullis Road
Lynwood, California 90262
Attention: Executive Director
LYNWOOD REDEVELOPMENT PROJECT AREA "A"
AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY
THIS COVENANT AGREEMENT is entered into this day of
by and between THE LYNWOOD REDEVELOPMENT AGENCY, a
public body corporate and politic (the "Agency ") and JAMES OH, an
un married man, ( "Participant "), with reference to the following:
A. Agency and Participant have entered into that certain
Owner Participation Agreement dated as of , '1990(the
"Participation Agreement ") pursuant to which, among other things,
the Agency will assist the Participant to eliminate a certain
restrictive covenant imposed on land owned by the Participant
described therein as the Site, as described in the Legal
Description attached hereto as Exhibit A (the "Site "), for the
construction thereon of a development containing a minimum of
square feet of supermarket and related improvements (the
"Improvements "). All capitalized terms which are not defined
herein shall be defined in accordance with their meanings as set
forth in the Participation Agreement.
B. The Site is within Redevelopment Project Area " A " of
the City of Lynwood (the "Project Area ") in the City of Los
Angeles, and is subject to the provisions of the Redevelopment
Plan for the Project Area adopted by the City Council of the City
of Lynwood on July 3, 1973 by Ordinance 945; subsequently amended
December 27, 1973 by Ordinance No. 960 and on August 19, 1975 by
Ordinance No. 990, and on June 1, 1976 by Ordinance No. 1000, and
on December 7, 1976 by Ordinance No. 1010, and on December 16,
1980 by Ordinance No. 1111 on July (5], 1988, by Ordinance
No.88- 1308Said Ordinances and the Redevelopment Plan as amended
is inc:�-'porated herein by reference and made a part hereof as
though set forth in full. The Redevelopment Plan as amended is
hereinafter referred to as the "Redevelopment Plan ". The word
Participant, as used herein, unless the contest otherwise
requires shall be deemed to refer to the Participant and any
successors and /or assigns of the Participant whatsoever whether
voluntary or involuntary.
C. The Participation Agreement contains provisions
relating to the continued use and operation of the project
Attachment No
Page 1 of f
0 0
following completion of construction. The grant deeds by which
the Agency is conveying a portion of the Site to the Participant
set forth some of these continuing provisions. However, by
mutual agreement, the Agency and the Participant have agreed to
set forth certain continuing obligations relating to the
operation of the project in this document.
NOW, THEREFORE, THE AGENCY AND THE PARTICIPANT HEREBY AGREE
AS FOLLOWS:
1. The Participant hereby covenants and agrees for itself,
its successors, its assigns, and every successor in interest to
the Site or any part thereof or the improvements thereon that
prior to the issuance of the Certificate of Completion pursuant
to the Participation Agreement, it shall abide by and fulfill all
of the covenants contained therein which apply to the Site prior
to such issuance.
2. The Participant hereby covenants and agrees for itself,
its successors, its assigns, and every successor in interest to
the Site or any part thereof or the improvements thereon that it
shall perform and shall be solely responsible for the clean -up of
any hazardous, toxic and /or contaminating substances in or on the
Site.
3. The Participant hereby covenants and agrees for itself,
its successors, its assigns, and every successor in interest to
the Site or any part thereof that it shall defend, release,
indemnify and hold harmless the Agency, the City, their officers,
employees and consultants, harmless from any and all claims,
actions, liability fines, penalties, charges, damages and costs
whatsoever (including attorneys' fees), arising out of or in
connection with any work or activity of or for the Participant on
or around the Site, and /or relating to the existence and /or
removal of hazardous, toxic and /or contaminating materials.
4. The Participant hereby covenants and agrees for itself,
its successors, its assigns, and every successor in interest to
the Site or any part thereof that it shall defend, release,
indemnify and hold harmless the Agency and the City and their
officers, employees, contractors, consultants and agents harmless
from and against all liability, loss, damage, costs, or expenses
(including reasonable attorneys' fees and court costs) arising
from or as a result of the death of any person or any accident,
injury, loss, or damage whatsoever caused to any person or to the
property of any person which shall occur directly or indirectly
as a result of or in connection with the acts of or on behalf of
the Participant in connection with any construction on the Site.
The Participant shall not be responsible for, and such indemnity
shall not apply to the extent that such harm results from any
negligence of the Agency and the City, or their respective
agents, servants, employees, or contractors.
Attachment No.
Page 2 of 8
0
5. The Participant hereby covenants and agrees for itself,
its successors, its assigns, and every successor in interest to
the Site or any part thereof that at all times during any
demolition and construction on the Site, the Participant shall
provide for and shall maintain appropriate construction fencing
and security with respect to the Site, to the satisfaction of the
Agency. At all times during construction, the Participant shall
require its contractors to carry out any required nighttime
construction activities with due regard to the residential uses
in the immediate neighborhood of the Site.
6. The Participant hereby covenants and agrees for itself,
its successors, its assigns, and every successor in interest to
the Site or any part thereof that in any construction on the
Site, the Participant will not discriminate against any employee
or applicant for employment because of sex, marital status, race,
color, creed, religion, national origin, or ancestry.
The Participant and such successors and assigns shall insure
that recruiting for employees required to be hired by contractors
and subcontractors for any construction on the Site is conducted
first within the City of Lynwood, and to the extent practicable
within the Project Area. Special consideration shall be given to
recruiting in minority areas of the City and the Project Area.
Such recruiting shall be conducted in accordance with a
Recruiting Plan which shall have been approved by the Agency. To
the greatest extent feasible, all contracts for work to be
performed in connection with the development of the Site shall be
awarded to business concerns which are located in, or owned in
the substantial part by persons residing in the Project Area.
7. The Participant hereby covenants and agrees for itself,
its successors, its assigns, and every successor in interest to
the Site or any part thereof that it shall pay when due all real
estate taxes and assessments assessed and levied on or against
the Site and each portion thereof from the date of recordation of
this Covenant Agreement. Nothing herein contained shall be
deemed to prohibit the Participant from contesting the validity
or amount of any tax assessment, encumbrance or lien, nor to
limit the remedies available to the Participant in respect
thereto, so long as such contest shall not subject the Site or
any portion thereof to forfeiture or sale.
8. The Participant hereby covenants and agrees for itself,
its successors, its assigns, and every successor in interest to
the Site or any part thereof that after the issuance of a
Certificate of Completion for all of the Participant Improvements
but prior to the fifth anniversary of the execution of this
Covenant Agreement, the Participant shall not sell, transfer,
convey, or assign all or any part of the Site or the improvements
thereon without the prior written approval of the Agency. After
Attachment No.
Page 3 of 8
0
the issuance of the Certificate of Completion, the Agency shall
not unreasonably withhold its approval of an sale or transfer to
Qualified Operator as defined in Section 406 of the Participation
Agreement.
Whenever the Participant does sell, transfer convey or
assign the Site, he shall only sell, transfer, convey, or assign
Site as a whole and is not permitted to further subdivide the
Site for the duration of the Redevelopment Plan.
9. The Participant hereby covenants and agrees for itself,
its successors, its assigns, and every successor in interest to
the Site or any part thereof that in the event of a default or
breach by the Participant of a mortgage, deed of trust or other
security interest with respect to the Site (or any portion
thereof) prior to the issuance of a Certificate of Completion by
the Agency, the Agency may cure the default prior to completion
of any foreclosure. In such event, the Agency shall be entitled
to reimbursement from the Participant of all costs and expenses
incurred by the Agency in curing the default. The Agency shall
also be• entitled to a lien upon the Site (or portion thereof) to
the extent of such costs and disbursements. Any such lien shall
be subordinate and subject to the mortgage or deed of trust
permitted by Section 319 of the Participation Agreement.
10. The Participant hereby covenants and agrees for itself,
its successors, its assigns, and every successor in interest to
the Site or any part thereof that during construction and
thereafter the Participant its successors and assigns shall
develop and devote the Site to the uses specified in the
Redevelopment Plan, the Scope of Development (Attachment No. 6 to
the Participation Agreement), this Covenant Agreement, Article
IV of the Participation Agreement and all plans approved by the
Agency pursuant to the Participation Agreement and shall use the
Site as one parcel only.
11. The Participant hereby covenants and agrees for itself,
its successors, its assigns, and every successor in interest to
the Site or any part thereof that the Participant shall maintain
all improvements on the Site in good condition and appearance,
consistent with the plans and specifications approved by the
Agency pursuant to this Covenant Agreement. Participant shall
keep the Site free of graffiti, debris and waste materials.
The Participant shall also maintain the landscaping required
to be planted under the Scope of Development (Attachment No. 4 to
the Participation Agreement) in a healthy condition.
If, at any time, Participant fails to maintain the Site as
required by this Paragraph 12, and said condition is not
corrected after the expiration of thirty (30) days from the date
of written notice from the Agency, either the Agency or the City
Attachment No. 4
Page 4 of 8
0
may perform the necessary landscape or other maintenance and
Participant shall pay all costs incurred for such maintenance.
12. The Participant hereby covenants and agrees for itself,
its successors, its assigns, and every successor in interest to
the Site or any part thereof that there shall be no
discrimination against or segregation of any person, or group of
persons, on account of sex, marital status, race, color, creed,
religion, national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the
Site nor shall the Participant itself or any person claiming
under or through it establish or permit any such practice or
practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessee, or vendees of the Site.
The Participant shall insure that all leases of any of the
Participant Improvements contain the following provision:
"The lessee herein covenants by and for itself, its
successors and assigns, and all persons claiming under
or through them, and this lease is made and accepted
upon and subject to the following condition:
That in recruiting for employees to be hired to work in
the Leased Premises, the Lessee shall recruit first
within the City of Lynwood and particularly within the
Lynwood Redevelopment Project Area "A ", and that such
recruiting efforts shall be focused, insofar as
possible in the minority areas of the City. The Lessee
shall submit a recruiting plan to the Lynwood
Redevelopment Agency which must be approved before the
recruiting takes place."
In addition, as to those portions of the Participant
Improvements which are to be operated by the Participant, the
Participant agrees to abide by the above described provision
which is made a part of this Covenant Agreement.
13.. The Participant hereby covenants and agrees for itself,
its successors, its assigns, and every successor in interest to
the Site or any part thereof that the Participant shall refrain
from restricting the rental, sale or lease of the Site or any
portion thereof or the improvements thereon on the basis of sex,
marital status, race, color, creed, religion, ancestry or
national origin of any person. All deeds, leases or contracts
shall contain or be subject to substantially the following
nondiscrimination or nonsegregation clauses:
a. In deeds: "The grantee herein covenants by and
for itself, its successors and assigns, and all
persons claiming under or through them, that there
Attachment No. 4
Page 5 of 8
C�
•
shall be no discrimination against or segregation
of, any person or group of persons on account of
sex, marital status, race, color, creed, religion,
national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or
enjoyment of the land herein conveyed, nor shall
the grantee itself or any person claiming under or
through it, establish or permit any such practice
or practices of discrimination or segregation with
reference to the selection, location, number, use
or occupancy of tenants, lessees, subtenants,
sublessee, or vendees in the land herein conveyed.
The foregoing covenants shall run with the land."
b. In leases:• "The lessee herein covenants by and
for itself, its successors and assigns, and all
persons claiming under or through them, and this
lease is made and accepted upon and subject to the
following conditions:
That there shall be no discrimination against or
segregation of any person or group of persons, on
account of sex, marital status, race, color,
creed, religion, national origin or ancestry in
the leasing, subleasing, renting, transferring,
use, occupancy, tenure or enjoyment of the land
herein leased, nor shall lessee itself, or any
person claiming under or through it, establish or
permit such practice or practices of
discrimination or segregation with reference to
the selection, location, number, use or occupancy
of tenants, lessees, sublessee, subtenants, or
vendees in the land herein leased."
C. In contracts: "There shall be no discrimination
against or segregation of any person or group of
persons on account of sex, marital status, race,
color, religion, creed, national origin or
ancestry 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 it, establish or permit
any such practice or practices of discrimination
or segregation with reference to the selection,
location, number, use or occupancy of tenants,,
lessees, subtenants, sublessee, or vendees of the
land."
14. The Participant hereby covenants and agrees for itself,
its successors, its assigns, and every successor in interest to
the Site or any part thereof that the Agency, the City and other
public agencies, at their sole risk and expense, may enter the
Attachment No. 4
Page 6 of 8
• •
Site or any part thereof at all reasonable times and with as
little interference as possible, for the purposes of
construction, reconstruction, maintenance, repair or service of
any public improvements or public facilities located on the Site.
Any such entry shall be made only after reasonable notice to
Participant. Any damage or injury to the Site resulting from
such entry shall be promptly repaired at the sole expense of the
public agency responsible for the entry.
15. The Participant hereby covenants and agrees for itself,
its successors, its assigns, and every successor in interest to
the Site or any part thereof that the Participant shall provide
reasonable preferences for existing businesses presently located
on the Site to become lessees ahead of other businesses which are
not presently located on the Site to the extent that such
existing business uses are consistent with the development, at
rental rates and other lease terms consistent with rental rates
and lease terms offered to similar tenants of the development.
16. The covenants established in this Covenant Agreement
shall, without regard to technical classification and
designation, be binding on Participant and any successor in
interest to the Site or any part thereof for the benefit and in
favor of the Agency, its successors and assigns, and the City.
The covenants, contained in this Covenant Agreement shall
remain in effect for the duration of the Redevelopment Plan as it
may be amended from time to time. However, the covenants against
racial discrimination shall remain in effect in perpetuity.
The Agency is deemed the beneficiary of the terms and
provisions of this Covenant Agreement and of the covenants
running with the land, for and in its own rights and for the
purposes of protecting the interests of the community and other
parties, public or private, in whose favor and for whose benefit
this Covenant Agreement and the covenants running with the land
have been provided. This Covenant Agreement and the covenants
shall run in favor of the Agency, without regard to whether the
Agency has been, remains or is an owner of any land or interest
therein in the Site or in the Project Area. The Agency shall
have the right, if this Covenant Agreement or covenants are
breached, to exercise all rights and remedies, and to maintain
any actions or suits at law or in equity or other proper
proceedings to enforce the curing of such breaches to which it or
any other beneficiaries of this Covenant Agreement and covenants
may be entitled.
THE LYNwobD REDEVELOPMENT AGENCY
Dated: By:
Attachment No. 4
Page 7 of 8
LI
Approved as to form:
KANE, BALLMER & BERKMAN
Agency Special Counsel
By:
Dated:
B: \Oh.at4
JAMES OH
Attachment No. 4
Page 8 of 8
0
ATTACHMENT NO. 5
• ' AN &T RUi
i.i • i � •
The Site is specifically delineated on the Site Map
(Attachment No. 1) and the Legal Description (Attachment No. 2)
pursuant to Section 104 of this Agreement. The Site consists of
approximately 1.05 acres. In addition to the Site, Participant
has rights to parking in the area shown as Parking Area 1 in the
Site Map.
II.
A. The Participant shall construct a supermarket (on the
Site shown on Attachment 11 so as to create a facility of no
less than 48,000 square feet of ground floor retail space
together with a mezzanine consisting of approximately 8,000
square feet of office space and approximately 8,000 square feet
of storage space.
All uses on the Site may be "Allowable Uses ", a limited
area may be devoted to "Limited Uses ", and no part of the Site
shall be used for any of the "Prohibited Uses" all as set forth
in paragraph VIZ of this Scope of Development (Attachment No. 5).
All improvements on the Site shall be improvements
approved for occupancy, fully enclosed and under roof, except for
the loading dock area which will be under roof but open on the
northerly end, unless the Agency hereafter allows deviation from
such requirement in a writing referencing this Scope of
Development (Attachment No. 5). Such buildings shall be
constructed and finished, all of masonry, concrete, concrete
block, or such other materials as may hereafter be approved by
the Agency; prefabricated metal components may be utilized on
exterior walls, all as approved by the Agency.
The Participant shall complete all of the improvements
set forth in this Scope of Development (Attachment No. 5) to be
constructed on the Site in one phase. All of the improvements to
be provided by the Participant on the Site constitute the "Basic
Participant Improvements ". The Basic Participant Improvements
and those off -site improvements required to be provided by the
Participant (the "Off -Site Improvements ") together constitute the
"Participant Improvements ".
The Participant shall commence and complete the
Participant Improvements by the respective times established
therefor in the Schedule of Performance (Attachment No. 3).
ATTACHMENT NO. 5
Page 1 of 5
0
0
The Participant shall provide parking in conformity
with the Redevelopment Plan and City requirements, which parking
shall be in the parking easement area.
The design and configuration and of the parking
facilities shall be compatible with the adjacent and nearby uses,
as reasonably determined by the Agency. Landscaping and any
changes in the parking facilities configuration is subject to the
Parking Privilege Agreement dated March 7, 1951.
The following development standards shall apply to the
Participant Improvements:
A. nuilding Setbacks Minimum building setbacks for
buildings and parking areas shall be as required by the
Redevelopment Plan and approved by the Agency, and shall conform
to the Lynwood City Code.
B. Building Coverage The amount of land within the Site
covered by buildings shall be as shown in the Site Plan, on file
with the City Clerk's office.
C. Building Height Buildings shall not exceed 50 feet
in height and shall otherwise conform to Lynwood City Code
requirements.
D. Vehicular Access The placement of vehicular driveways
shall be coordinated with the needs of proper street traffic
flow. In the interest of minimizing traffic congestion, the
Agency will control the number and location of curb breaks for
access to the Site for off - street parking and truck loading. All
access driveways shall require written approval of the Agency.
Any changes from existing driveways shall be subject to the
Parking Privilege Agreement.
E. Loading Adequate loading and unloading space shall be
provided as approved by the Agency and shall also conform to
Lynwood City Code.
F: Signs Signs shall be limited in size, subdued and
otherwise designed to contribute positively to the environment.
Signs identifying the building use will be permitted, but their
height, size, location, color, lighting and design will be
subject to Agency and City approval, and signs must conform to
the Lynwood City Code.
G. Screening All outdoor storage of materials or
equipment shall be enclosed or screened to the extent and in the
manner required by the Agency and the City.
ATTACHMENT NO. 5
Page 2 of 5
0 0
H. Landscaping The Participant shall provide and
maintain landscaping within the public rights -of -way and within
setback area along all street frontages and conforming with the
Design Concept Drawings as approved by the Agency.
Landscaping shall consist of trees, shrubs and
installation of an automatic irrigation system adequate to
maintain such plant material. The type and size of trees to be
planted, together with a landscaping plan, shall be subject to
the Agency approval prior to planting.
I. Utilities All utilities on the Site shall be
underground or enclosed at Participant's expense. Existing
utilities in the vacated alley need not be placed underground.
J. Painting All exterior walls shall be painted by the
Participant with color(s) subject to Agency approval.
K. Building Design Buildings shall be constructed such
that the Participant Improvements be of high architectural
quality, and shall be effectively and aesthetically designed.
A. The Participant, at its own cost and expense, shall
provide or cause to be provided the following public improvements
within the time set forth for the completion of the Participant
Improvements in the Schedule of Performance (Attachment No. 3):
1. Improvements as required by the City by
resurfacing, rebuilding or new construction of the
catch basins, curbs and gutters, drive and curb
cuts, and drives between the property line of the
Site and the public rights -of -way abutting on the
Site.
2. Installation of signs and fire hydrants in
connection with the Site as may be required.
3. Repair of public sidewalks along the frontage of
the public streets abutting on the Site or within
the rights -of -way lines of such public streets,
and appropriate street landscaping which the
Agency or City might require.
4. Installation or relocation by the public utility
companies of such sewers, drains, water and gas
distribution lines, electric, telephone and
telegraph lines, and all other public utility
lines, installations and facilities as are
necessary to be installed or relocated on or in
connection with the Site by reason of the
ATTACHMENT NO. 5
Page 3 of 5
development of the Site; the Agency shall not be
responsible for, nor bear any portion of the cost
of, installing the necessary utility connections
within the boundaries of the Site between the
improvements to be constructed by the Participant
and the water, sanitary sewer, an storm drains,
mains or other public utilities owned by the City
or by any public utility company within or without
such boundaries, or electric, gas, telephone or
other public lines owned by a public utility
company within or without such boundaries, and the
Participant shall secure any permits required for
any such installation without expense to the
Agency.
B. All of the items described in Part W.A. above, shall
be performed in accordance with the technical specifications,
standards and practices of the City. The Participant's plans for
such public improvements shall be submitted to the Agency for
review and approval prior to the advertising of bids. once such
"items are construct, Participant shall be responsible, at its
expense, for (1) any and all repairs due to damages caused by
Participant's construction, and (2) changes required by the
Participant.
FJM W&TiwTe T4W • W a • •
The Participant assumes all responsibility for surface and
subsurface conditions at the Site, and the suitability of the
Site for the Participant Improvements and the operation of a
shopping center with restaurant thereon. If the surface and
subsurface conditions are not entirely suitable for such
development, the Participant shall at its cost take all actions
necessary to render the Site entirely suitable for such
development. The Participant has undertaken all investigation of
the Site it has deemed necessary and has not received or relied
upon any representations of the Agency, the City, or their
respective officers, agents and employees. The Participant shall
undertake at its cost all demolition required in connection with
the development of the Participant Improvements. The Agency is
not in any way responsible for demolition or removing any
subsurface obstructions on the Site, or the placement of,fill on
or soil conditions of the Site.
The Participant shall coordinate its activities on the Site
with the Agency to facilitate the Agency activities in item VI of
this Scope of Development (Attachment No. 5).
ATTACHMENT NO. 5
Page 4 of 5
0 0
Vi. USES
The following shall be Allowable Uses on the Site:
1. Grocery store;
2. Related "restaurant /deli" inside the building allocated
for the Grocery Store;
3. Related uses as approved by the Agency;
4. Drug store;
5. Other uses permitted by the Agency (which are not
Limited Uses or Prohibited Uses).
The following shall be Prohibited Uses on the Site:
1. Junk yard;
2. Adult bookstore, adult theatre or adult entertainment;
3. Laundromat;
4. Blood bank;
5. Appliance repair;
6. Food processing and wholesale (not as part of a
supermarket or retail bakery);
7. Wholesale building supplies /construction material;
8. Bar or dance hall (except as part of a permitted
restaurant);
9. Bingo;
10. Massage parlour or massage shop;
11. Martial arts studio;
12. Tattoo parlor;
13. Fortune telling;
14. Narcotics paraphernalia.
The following shall be Limited Uses:
1. Governmental offices;
Limited Uses may not exceed in the aggregate, at any time,
twenty five percent of the gross floor area of described premises
at the Site open for business and operations as Allowable Uses.
OHREV.AT7 ATTACHMENT NO. 5
Page 5 of 5
0
ATTACHMENT NO. 6
Recording Requested by:
When Recorded Return to and
Mail Tax Statements to:
WHEREAS, James Oh owns certain real property situated in
the City of Lynwood, California described on Exhibit " 1"
attached hereto and made a part hereof on which he has agreed to
construct certain improvements; and
WHEREAS, pursuant to an Owner Participation Agreement with
James Oh dated , 1990, (the "OPA"), the Lynwood
Redevelopment Agency, a public entity (the "Agency "), shall
furnish the Developer with a Certificate of Completion upon
completion of construction and development, which certificate
shall be in such form as to permit it to be recorded in the
Recorder's Office of Los Angeles County; and
WHEREAS, such certificate shall be conclusive determination
of satisfactory completion of the construction and development
required by the OPA; and
. WHEREAS, the Agency has conclusively determined that the
construction and development on the above described real property
required by the OPA has been satisfactorily completed; and
NOW THEREFORE,
1. As provided in said OPA, the Agency does hereby
certify that the construction and development has been fully
satisfactorily performed and completed.
2. Nothing contained in this instrument shall modify in
any other way any other provisions of said OPA.
IN WITNESS WHEREOF, the Agency has executed this certificate
this day of , 1990.
ATTACHMENT NO.
Page 1 of 2
LYNWOOD REDEVELOPMENT AGENCY
By:
ATTEST:
LYN.GEN \CB \OH.AT7 ATTACHMENT NO. 6
Page 2 of 2
0 0
ATTACHMENT NO. 7
RECORDING REQUESTED BY AND
When Recorded Mail To :
Lynwood Redevelopment Agency
Attn: Executive Director
11330 Bullis Road
Lynwood, California 90262
OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT made and entered into as of the
day of , 1990, by and between the
LYNWOOD REDEVELOPMENT AGENCY, as the "Agency" and JAMES OH, an
unmarried man, as the "Participant ".
The Agency and the Participant have entered into a Owner
Participation Agreement, dated as of , 1990 (the
"OPA"), a copy of which is on file as a public record with the
Secretary of the Agency at 11330 Bullis Road, Lynwood,
California, and which is incorporated herein by reference. The
OPA affects certain real property, including that certain real
property situated in the City of Lynwood, County of Los Angeles,
State of California, particularly described in Exhibit A, which
is attached hereto and incorporated herein by reference.
IN WITNESS WHEREOF, the parties have executed this
instrument in duplicate the day and year first hereinabove
written.
LYNWOOD REDEVELOPMENT AGENCY
By:
Agency
ATTACHMENT NO. 7
Page 1 of 2
ATTEST:
Secretary
is
JAMES OH,
an unmarried man
Participant
K: \CG \LYN \PROJMA \OH \NEYOPA.AT7
ATTACHMENT NO
Page 2 of
0 .
EXHIBIT "A"
Legal Description of the Site
LOT 281 EXCEPT THE EASTERLY 23 FEET 6 INCHES THEREOF, LOT 282,
LOT 283 AND LOT 284 EXCEPT THE WESTERLY 20 FEET OF LOT 284 OF
TRACT NO. 15016, IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 315, PAGES 40
TO 45 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
LOTS 286, 285 AND THE WESTERLY 20 FEET OF LOT 284 OF TRACT NO.
15016, IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 315, PAGES 40 TO 45 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
A NON - EXCLUSIVE EASEMENT FOR PARKING PURPOSES OVER LOTS 287
THROUGH 296 OF TRACT NO. 15016, IN THE CITY OF LYNWOOD, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, IN BOOK 315, PAGES 40 TO 45 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS SET
FORTH THAT CERTAIN PARKING PRIVILEGE AGREEMENT (EASEMENT)
RECORDED APRIL 19, 1951, AS INSTRUMENT NO. 1769 OF OFFICIAL
RECORDS.
ATTACHMENT NO. 7
•
•
STATE OF CALIFORNIA )
SS.
COUNTY OF LOS ANGELES )
On
undersigned Notary
appeared
me on the basis of
unmarried man, who
James Oh executed
1990,
Public in and for said S
, known
satisfactorT evidence to
executed the same on his
the same.
before me, the
Late, personally
to me or provided to
be James Oh, an
own behalf, and that
WITNESS my hand and official seal.
Notary Public
ATTACHMENT NO. 7
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
SS.
9
On , 1990, before me, the
undersigned, a Notary Public in and for said State, personally
known to me (or proved to me on the basis of satisfactory
evidence) to be the person who executed this instrument as the
(insert title of the officer)
(name of public corporation, agency of political subdivision)
and acknowledged to me that the
(public corporation, agency of political subdivision)
executed it.
WITNESS my hand and official seal.
Signature of Notary Public
k: \CG \LYN \PR0JMA \0N \NEW0PA.EXA
ATTACHMENT NO. 7
SUMMARY REPORT PURSUANT TO
SECTION 33433 OF THE
CALIFORNIA COMMUNITY REDEVELOPMENT LAW
on the
THE OWNER PARTICIPATION AGREEMENT
by and between
THE LYNWOOD REDEVELOPMENT AGENCY
and
JAMES J. OR
March, 1990
Before any interest in real property acquired by a redevelopment
agency with tax increment money is sold or leased, that
transaction must be approved by the City Council after public
hearing in accordance with California Health and Safety Code
Section 33433. A copy of the proposed sale or lease and a
summary report which describes and specifies certain information
must be available for public inspection. The information to be
described and specified is:
(1) The cost of the agreement to the agency, including land
acquisition costs, clearance costs, relocation costs,
the costs of any improvements to be provided by the
agency, plus the expected interest on any loans or
bonds to finance the agreements;
(2) The estimated value of the interest to be conveyed or
leased, determined at the highest uses permitted under
the plan; and
(3) The purchase price or sum of the lease payments which
the lessor will be required to make during the term of
the lease. If the sale price or total rental amount is
less than the fair market value of the interest to be
conveyed or leased, determined at the highest and best
use consistent with the redevelopment plan, then the
agency shall provide as part of the summary an
explanation of the reasons for the difference.
The purpose of this 33433 report is to describe the cost of the
Owner Participation Agreement ( "OPA ") by and between The Lynwood
Redevelopment Agency ( "Agency ") and James J. Oh ( "Participant ")
to the Agency and to describe the estimated purchase price to be
paid by the Participant as if the removal of such restrictive
covenant constituted a transfer of real property to the
Participant. The OPA provides for the potential removal of a
certain restrictive covenant which presently restricts
development of property pursuant to the Scope of Development.
The estimated value of the restrictive covenant is contained in
an appraisal separately submitted to the Agency on September 15,
1989 by Lea Associates (the "Appraisal "), and in a further
statement regarding value by the Participant.
This report is organized into four sections:
1. Description of the PropoGpd Agreement - This section
includes a description of the restrictive covenant, the
proposed development, and the major responsibilities of
both the Agency and the Participant.
2.
Agency - This section describes the cost of the OPA --
removal of the restrictive covenant and administration
-- to the Agency. This section further describes the
amount to be advanced by the Participant to the Agency
and repayment thereof, and the projection of tax
increment revenues resulting from the new development.
The Agency expenditures less the value of the tax
increment generated by the OPA represents the net cost
of the OPA to the Agency.
3. Estimated Value of the Restri Covenant - This
section summarizes the report to the Agency submitted
by Lea Associates, and further information.
4. Reasons for the Transaction - This section describes
the reasons for the transaction and the benefits which
will accrue to the people of Lynwood as a result of the
OPA.
• • • " II+ ' • �• [ _]I _.Y,
ONE& TT - W O M "
The OPA requires the Participant to develop his land
(the "Site ") in accordance with a Scope of Development
and plans to be approved by the Agency. The
Participant is required to make the Site ready for such
development, including obtaining all zoning and City
approvals and removing any restrictions on the
property. This requirement was to ensure that the
Participant negotiated with the holder of the
restrictions. However, the Participant has the right
to bring any need for assistance to the attention of
the Agency. The Participant has negotiated with the
holder of the restrictive covenant which appear to
restrict the development of the Site. The holder has
indicated to the Participant and to representatives of
the Agency that he wants $2,000,000.00 or more in order
to allow the Site to develop.
The restriction on the use of the Participant's
property consists of a prohibition on the use of the
Site as a site for a market. The OPA contemplates that
the Site will, in fact, be developed as a supermarket,
subject to the obtaining of approvals and property
interests.
The development site is situated at the northeast
corner of Bullis Road and Martin Luther King, Jr.
3
Boulevard. Attachments No. 1 and 2 of the OPA contain
a map and a legal description of the development site,
respectively.
..
The development is a supermarket consisting of
approximately 48,000 square feet of retail space,
approximately 8,000 square feet of storage space and
approximately 8,000 square feet of office space. The
retail space will be located on the 48,000 square foot
ground level and the storage and office space will be
located on the 16,000 square foot mezzanine level.
_� •�_
WM-
The Agency's responsibilities under the OPA are as
follows:
1. To negotiate for the
restrictive covenant
and interests in the
Participant which pr
proposed supermarket
of Development.
elimination of the
and any other restriction on
property owned by
event the development of the
in accordance with the Scope
2. To consider the adoption of a resolution of
necessity or other appropriate action in or to
remove said restrictive covenant and other
restrictions on and interests in the property
owned by Participant in the event that
negotiations are unsuccessful.
3. if the elimination of the restrictive covenant
proceeds, to pay the first $100000.00 of the cost
of removing the restrictive covenant and to repay
to Participant amounts over $100,000.00 expended
by the Participant, up to 80% of tax increment
received by the Agency as a result of the
development of the Site.
The Participant is obligated to construct the proposed
development in accordance with the Schedule of
Performance contained as Attachment No. 3 of the OPA,
including the provision of certain improvements
related to the sidewalk, curbs and gutters. Other
responsibilities of the Participant include:
Payment to the Agency, as an advance, of the cost
for the elimination of the restrictive covenant in
0
46
excess of $100,000.00. The portion of said amount
attributable to the restrictive covenant shall be
repaid by the Agency together with 808 interest
thereon from tax increments resulting from the
development of the Site. The cost will be
disbursed as described in paragraph C below.
2. Payment to the Agency of the cost of the
elimination of any additional restrictions on and
interests.in the property owned by Participant
which prevent the development of the proposed
supermarket. The Agency will not reimburse these
costs.
3. Payment of the cost of any relocation of existing
tenants and all demolition and construction costs.
The Agency will not reimburse these costs.
• • fit. ;1 �M • � _
er i•
The cost to the Agency of the removal of the
restrictive covenant pursuant to the OPA is estimated
at approximately $488,000.00 (present value) as
follows:
1. Acquisition of, or compensation for, the release
of the restrictive covenant is estimated at
$750,000.00, of which the Agency will pay
488,000.00.
2. Administration costs including staff time, legal
fees, and consultants involved in negotiating the
OPA and implementing its terms and provisions is
estimated at $30,000.00.
^• ;- - f
Tax increment revenues which will accrue to the Agency
upon completion of the supermarket through 2033 -34 have
been estimated at $485,000 (present value). [The
projection of tax increment revenues was determined
based upon an increased assessed value of $3.1 million,
increasing at 28 per year. Actual tax increment may
differ from the projections based upon changes in
assessment value or tax rate.]
The maximum possible financial exposure to the Agency
is limited to 808 of the amount of tax increment
ATTACHMENT NO. 3
SCHEDULE OF PERFORMANCE
2.
GENERAL PROVISIONS
Execution of Agreement by
Agency The Agency may
approve and execute this
Agreement, and if approved,
shall deliver one (1) copy
thereof to the Participant.
Not later than forty -five
(45) days after the date of
execution and submission of
five (5) copies of this
Agreement executed by the
Participant, including
executed copies of the
Agreement to be Recorded.
Submittal of Design Concept
Drawings and Consultant
Oualifications Participant
shall prepare and submit to
the Agency the Design Concept
Drawings and the names and
qualifications of his
architect, landscape
architect and civil
engineer.
Together with the Agreement
executed by the Participant.
3.
Submission of Option
Consideration Participant
submits the Option
Consideration.
4. Agency Review of Design
Concept Drawings Agency
approves or disapproves the
Design Concept Drawings.
5. Sub
Concept Drawings If
original submittal or
resubmittal disapproved,
Participant revises Design
Concept Drawings and
resubmits to Agency.
Within two (2) days after
approval of this Agreement by
the Agency (and prior to
execution by the Agency).
Within three (3) weeks of
receipt of submittal.
Within three (3) weeks of
receipt of Agency
disapproval.
-r
1 p.
9
ATTACHMENT N0. 2
Legal Description of the Site
LOT 281 EXCEPT THE EASTERLY 23 FEET 6 INCHES THEREOF, LOT 282,
LOT 283 AND LOT 284 EXCEPT THE WESTERLY 20 FEET OF LOT 284 OF
TRACT NO. 15016, IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 315, PAGES
40 TO 45 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
LOTS 286, 285 AND THE WESTERLY 20 FEET OF LOT 284 OF TRACT NO.
15016, IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 315, PAGES 40 TO
45 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Legal Description of Parking Easements
A NON- EXCLUSIVE EASEMENT FOR PARKING PURPOSES OVER LOTS 287
THROUGH 296 OF TRACT NO. 15016, IN THE CITY OF LYNWOOD, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, IN BOOK 315, PAGES 40 TO
45 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
AS SET FORTH THAT CERTAIN PARKING PRIVILEGE AGREEMENT (EASEMENT)
RECORDED APRIL 19, 1951, AS INSTRUMENT NO. 1769 OF OFFICIAL
RECORDS.