The URL can be used to link to this page

Home My Public Portal About84-006A - LRA (02-14-84)orl LRA RESOLUTION NO. 84 -6A A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY APPROVING AN AGREEMENT WITH MARK BRIGGS AND ASSOCIATES, INC. FOR CONSULTANT SERVICES TO ASSIST THE CITY OF LYNWOOD IN THE PREPARATION OF AN APPLICATION FOR UDAG FUNDING. WHEREAS, the Lynwood Redevelopment Agency desires development of a new commercial center in the City of Lynwood; and WHEREAS, the Agency desires to utilize the U.S. Department of Hous- ing and Urban Development (HUD) Urban Development Action Grant (UDAG) program funds to assist in the proposed development; and WHEREAS, the Agency recognizes the need for qualified consul- tant assistance to assist the City of Lynwood in the preparation of the UDAG application, post submittal negotiations, and HUD /City and City /Agency /Developer contracts. NOW, THEREFORE, the Redevelopment Agency of the City of Lyn- wood does hereby find, determine, order and resolve as follows Section 1 . That the attached Agreement for consultant services (Exhibit I) is hereby approved. Section 2 . That the Chairman is hereby authorized to execute the Agreement. PASSED, APPROVED, AND ADOPTED this 14th day of February , 1984. ATTEST: f E.L. muHxiD` unairman Lynwood Re evelopment Agency 7 ANDREA HOOPER, Secreta APPROVED AS TO FORM: General Counsel APPROVED AS TO CONTENT: Vicente L. Mas, Acting Community Development Director C C STATE,OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, Secretary of the Lynwood Redevelopment Agency, do hereby certify that the above and foregoing resolution was duly adopted by the said Agency at a adjourned regular meeting thereof held in the City Hall of the City of Lynwood on the 14th ,.q day of February 1984, and passed by the following vote: AYES: Agency members -ROWS, THOMPSON MORRIS NOES: Agency members NONE ABSENT: Agency members RynRK ABSTAIN: Agency members aLaaj G / Secretary LYNWOOD REDEVELOPMENT AGENCY S AGREEMENT THIS AGREEMENT is entered into on this 22nd day of MARCH , 1984, between the Redevelopment Agency of the City of Lynwood hereinafter "Agency" and Mark Briggs and Associates, Inc., a California corporation, hereinafter "Consultant ". • The parties desire to develop a commercial project at Imperial Highway and Atlantic Boulevard, in the City of Lynwood. • The parties desire to utilize the U.S. Department of Housing and Urban Development (HUD) Urban Development Action Grant (UDAG) program funds to assist in the proposed development. • Agency recognizes the need for qualified consultant assistance to assist the Agency in the preparation of the UDAG application, post submittal negotiations, and HUD /City /Agency and Agency /City /Developer /Owner contracts. NOW, THEREFORE, in consideration of the mutual covenants and conditions a herein contained, the parties hereto agree as follows: I. WORK PROGRAM 1. Brief the property owners on the UDAG program, its potential uses on the project and the owner's responsibilities under the program. 1 2. Participate in the review of the proposed development project, including review of the project scope, cost, new or retained jobs, need for funding assistance, development and operating proformas, anticipated debt and equity financing,developers commitments, and owner participation. 3. Develop alternative strategies for UDAG funding including UDAG request amount and use, and determine which are feasible based on UDAG guidelines and competitive based on UDAG criteria. 4. Provide alternative means of recapture of UDAG funds for Developer and Agency /City, including, but not limited to land write down, below market interest rate financing and /or city equity share on net spendable and residuals. 5. Assist Agency /City in the development of a mutually acceptable UDAG program for inclusion in the UDAG application and potential uses of other funding sources. 6. Based on the UDAG program developed, prepare for Agency /City and Developer review a draft UDAG application. 7. Revise the draft application as per Agency /City and Developer input. 8. Prepare the final application with all the necessary forms, enclosures and assurances for City. 9. Attend required hearings on UDAG application. 10. Prepare for Agency /City post submittal strategies for support of the application at necessary levels. 11. Participate in the Los Angeles Area Office, Regional office and HUD Central Office in Washington, D.C. negotiations on the application. F, 12. Prepare follow -up data as required by HUD negotiations sessions. 13. Assist Agency /City in the negotiations of Developer /Owner /City /Agency agreements. 14. Upon notice of grant award by HUD, assist in the City /HUD contract negotiations. II. HEARINGS AND MEETINGS In the preparation of the above plans, programs and documents, Federal Requirements require certain public hearings. Consultant will attend all public hearings and meetings of the City Council /Redevelopment Agency as are necessary to carry out the Work Program. III. TIME Agency and Consultant recognize that time is of the essence and agree that all work on this contract shall commence upon execution of the Agreement. IV. COMPENSATION As compensation for the services contained in Section I, WORK PROGRAM, Agency agrees to pay and Consultant agrees to accept $85,000 plus expenses, not to exceed $10,000, .including commercial airfare, ground transportation and lodging at cost and per diem at $50 /day. Consultant will submit billings as per the Payment Schedule, Section V of the Agreement to Agency. 3 U V. PAYMENT SCHEDULE Payment for performance of the Work Program contained in Item I. shall be based upon a payment schedule as follows: Upon execution of the Agreement $ 2 Upon execution by the parties of the Exclusive Right to Negotiate Agreement $ 2,500 Upon development of UDAG program based on discussions with Agency /City and private sector parties $10,000 Upon submittal of draft application for Agency /City review $10,000 Upon submittal of final UDAG application t HUD Central Washington, D.C. office M 4) $20,000 For post submittal negotiations being carried out during application review in San Francisco or Washington, D.C. (Fifteenth day of the first month after'submittal) $ 7,500 (Fifteenth day of the second month after submittal) $ 7,500 Upon notification of grant award by HUD $10,000 Upon execution of UDAG contract between City and HUD $15,000 I VI. TERMINATION Any party shall have the right to terminate this Agreement upon giving ten (10) days written notice of such termination to the other parties. In the event of such termination, and based upon the work accomplished as determined by Agency, Consultant shall be paid those fees to which it is entitled, based on the payment schedule in Section V. Upon termination or completion of the contract, all work becomes the property of the Agency /City. 91 VII. STATUS OF PARTIES The parties hereto do agree that the status of Consultants, pursuant to this agreement, is that of an independent contractor. Neither consultant nor any of its officers, employees or agents shall be deemed to be an officer, employee or agent of Agency or City for any purpose. VIII. FINDINGS CONFIDENTIAL All of .tho ronnrtc. VII. STATUS OF PARTIES The parties hereto do agree that the status of Consultants, pursuant to this agreement, is that of an independent contractor. Neither consultant nor any of its officers, employees or agents shall be deemed to be an officer, employee or agent of Agency or City for any purpose. VIII. FINDINGS CONFIDENTIAL All of the reports, information and data prepared or assembled by Consul- tant under this agreement are confidential and consultant agrees that they shall not be made available to any individual or organization other than the Agency /City, without the prior written approval by Agency /City. IX. NOTICES Wherever notices are required to be given pursuant to the provisions of this Agreement, the same shall be given by personal services or by depositing the same in the course of transmission of the United States Postal Service, postage prepaid, addressed as follows: (a) Agency Executive Director City of Lynwood Redevelopment Agency 11330 Bullis Road ' Lynwood, California 90262 (b) Consultant Mark E. Briggs, President Mark Briggs and Associates, Inc. 5800 S. Eastern Avenue, Suite 340 Los Angeles, California 90040 5 I IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. REDEVELOPMENT AGENCY OF THE BY CIT OF / / ITS �GG Q,r�12f��c� MARK BRIGGS AND ASSOCIATES, INC. BY n�., IT .PMT/ "' P -J