HomeMy Public PortalAboutA1986-04-24 LRALYNWOOD REDEVELOPMENT AGENCY
11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (213) 603 -0220
AGENDA
LYNWOOD REDEVELOPMENT AGENCY
APRIL 24, 1986
ADJOURNED MEETING
D:J0 P.M.
LYNWOOD CITY HALL, =0 BULLIS ROAD
ROBERT I-IEXNING
CHAIRMAN
JOHN D. BYORK
MEMBER
LOUIS A. THOMPSON
VICE CHAIRMAN
AGENCY STAFF
EXECUTIVE DIRECTOR
CHARLES G. GOMEZ
OPENING CERET40NIES
A. Call Meeting to Order
B. Roll Call. ( BYORK- MORRIS- THOMPSON- WELLS-HENNLNG)
ITEMS FOR CONSIDERATION
E. L. MORRIS
MEMBER
EVELYN M. WELLS
MEMBER
AGENCY COUNSEL
KURT YEAGER
MARK J. HUEBSCH
1. LYNWOOD TOWNS =:TER - DEVELOPER'S REQUEST FOR TIME E'=JSIal�'.
Corm Fats :
The Developer (Lynwood Associates) is requesting a 45-day extension
for submittal of design concept drawings and CC & R's.
Recommendation
Staff recomends that the Agency approve the requested extension.
2. LYNIaOOD TaN'f1E CE TTER- PROPERTY ACQUISITIOid AND L. ASE AGREE E I NEGCTIATI
STATUS REPORT.
Cc m'ents
Staff and Developer are presently conducting negotiations concerning
acquisition of property (S.P.T.C. and Head) and lease agreements wi'r'y,
major tenants. Staff and Developer need to inform the Agency on status
of ongoing negotiations and receive Agency direction on this matter.
Recommendation:
Staff requests that the Agency recess to a Closed Session in order
to consider staff and Developer's status report on the ongoing
negotiations subject to Agency Counsel's concurrence.
3. TE14PORARY USE OF LYMCOD REDEVELOPMENT AGENCY PROPERTY IN THE COn ERC
CENTER SITE.
Cormnents :
The continued practice of leasing the site on a temporary basis for
the purpose of holding fund raising functions conflicts with the
ongoing pre - development activities relative to the construction
of the shopping center.
Recommendation:
Staff requests that the Agency consider adopting a policy discontinuing
the practice.
4. REQUEST TO CONTINUE OCCUPANCY AFTER AGENCY ACQUISITION OF PROPERTY -
H. PHILLIPS.
Comments
Mr. Phillips has requested the Agency to allow him to continue occupying
the premises located at 3301 Imperial Highway after acquisition by the
Agency.
Recommendation:
Staff recommends that the Agency consider Mr. Phillips' request in a
closed session.
5. RE40VAL OF UNDERGROUND FUEL STORAGE TANKS IN THE CONPMRC CENTER SITE.
Comments:
SB 90 allows for the reimbursement by the State of all costs incurred
in the removal of underground fuel storage tanks by a local public
agency if the claims are submitted before May 15, 1986. Two existing
tanks in the Commercial Center Site must be removed in order to build
the new shopping center.
Recomnendation:
Staff requests authorization to remove the tanks for a cost not to
exceed $10,000 and submit pertinent cost reimbursement request to the
State.
ADJOURNMENT:
Notion to adjourn to a Regular Meeting of the Lvnwood Redevelopment Agency,
to be held May 6, 1986, in the Council Chambers of City Hall, 11330 Bullis
Road, Lynwood, California.
-2-
DATE: April 24, 1986
TO: HONORABLE CHAIRMAN & MEMBERS OF THE AGE / N�CY
FROM: Vicente L. Mas, Director
Community Development Department
SUBJECT: LYNWOOD TOWNE CENTER - DEVELOPER'S REQUEST
FOR TIME EXTENSION
PURPOSE:
To request Agency's consideration and approval of a request of
time extension to allow the Developer (Lynwood Associates) of the
Lynwood Towne Center to prepare and submit construction and `
related documents for Agency approval.
FACTS:
1. On February 25, 1986, the Agency and Lynwood Associates
(Developer) entered into a Disposition and Development
Agreement (DDA) for the sale of eleven (11) acres of Agency -
owned land to the Developer for the development of a
shopping facility in the Commercial Center Site.
2. Attachment No. 4 of the DDA, Schedule of Performance item
No. 5 page 1, requires the Developer to submit Design
Concept Drawings and CC & R's within sixty (60) days of
the execution of the DDA.
3. The Developer is still negotiating the terms and conditions
of a lease agreement with one of the major anchor tenants
(food market), and since some of the items presently being
negotiated may impact the final layout of the facility, the
Developer has requested a 45 -day extension in order to
determine the final site design and wording of the CC & R's
(See attached letter).
4. The granting of the time - extension request to the
Developer at this time does not imply any waiver of
compliance with the terms and conditions included in the DDA
by the Agency to the Developer except as noted in item No. 3
above. The Developer intends to fulfill his obligations
under the DDA in a timely manner, including the payment of
$500,000 (the "Initial Portion "),
ANALYSIS & CONCLUSION:
The granting of the time - extension request at this time for the
reasons indicated above would not be detrimental to the project
or the Agency. The time extension would allow the Developer to
complete the ongoing lease negotiations and prepare the final
design concept drawings and the CC &R's.
RECOMMENDATION:
Staff respectfully requests that the Agency, after consideration,
approve the requested extension.
AGENDA ITEM
0 0
April 21, 1986
Vicente Mas
Director of Community Development
Lynwood Redevelopment Agency
11330 Bullis Road
Lynwood, California 90262
RE: Lynwood Town Center
SWC Long Beach Blvd. and Imperial Hwy.
Lynwood, CA
Dear Vicente:
We ask for the Agency's favorable decision on the following request
at the Agency's meeting on April 24, 1986.
According to the Attachment No. 4 entitled Schedule of Performance
of the Disposition and Development Agreement between Lynwood Associ-
ates and the Lynwood Redevelopment Agency specifically item no. 5 on
page 1 entitled Submittal of Design, Concept Drawings and Proposed CC
& R's with regard to these sections, Lynwood Associates requests a 45
day extension for submittal of said concept drawings and proposed
CC & R's.
As you are aware, negotiations with Foods Company have been longer
than expected and we need more time to determine the overall design
conceot and work out the basic wording of the CC & R's with Foods.
This letter will also confirm our intent to deposit the "Initial
Portion" of $500,000 as defined in said Disposition and Development
Agreement on Monday April 28, 1986, the "Commitment Date ".
Very truly yours,
HOPKINS DEVELOPMENT COMPANY/
L JgOOD ASSOCZ ES
Je
B. Armour
Proje Manager
JBA:ch
CC: Mark Huebsch
Steve Hopkins
#13 Corporate Plaza, Suite200
Newport Beach, California 92660 (714)640 -1770
DATE: April 24, 1986
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE AGENCY
FROM: Vicente L. Mas, Director, Community Development �-E�l�!
SUBJECT: TEMPORARY USE OF LYNNIOOD REDEVELOPMENT AGENCY
PROPERTY IN THE COMMERCIAL CENTER SITE
To request that the Agency consider the adoption of policy regarding the temporary
lease of property in the Commercial Center Site.
To this date it has been cannon practice for the Agency to lease property in
the Commercial Center Site to non - profit organizations on a temporary basis to
conduct fund raising activities such as carnivals, circuses, fireworks stand,
etc.. However, this practice needs to be reconsidered at this time in view of
the pre - development activities being conducted on the site by Lynwood Associates
(Hopkins) concerning the development of a shopping facility, Lynwood Towne
Center. The Developer needs to have unrestricted access to the property for
the purpose of conducting /performing soils tests, surveys, utility lines
investigations, etc.. (See attached letter).
The Agency has received requests to use the site from the Lynwood Chamber of
Comnerce, Red Devil Fireworks and the Faith In God Baptist Church (Los Angeles).
The proposed schedules are described below:
1. Lynwood Chamber of Commerce
May 2 -4, 1986
2. Red Devil Fireworks
week of July 4, 1986
3. Faith In God Baptist Church
One of the following blocks of titre:
a) May 12 -18, 1986
b) June 11 -17, 1986 s
c) July 14 -20, 1986
d) August 13 -19, 1986
ANALYSIS & CONCLUSION
As indicated above the continued practice of leasing the Site may conflict with
pre - development activities being conducted by the Developer. These conflicts
may preclude the Developer from meeting the Schedule of Performance contained
in the Disposition and Development Agreement between Lynwood Associates and the
Agency.
RECOMMENDATION:
Staff respectfully requests that, after consideration, the Agency adopt the policy
of discontinuing any further use of the site for the referenced activities
AGENDA ITEM
i •
d
C�
HOPKINS DEVELOPMENT COMPANY
April 16, 1986
RECEIVED
APR 1'i 1986
Vicente Mas
Director of Community Development CITY OF- LtiNWrQp
City of Lynwood COMM. BEV. C
11330 Bullis Road
Lynwood, California 90262
RE: Lynwood Town Center
SWC Long Beach Blvd. and Imperial Hwy.
Lynwood, CA
Dear Vicente:
Pursuant to our discussion, we have determined that we will need the
exclusive right to enter and exit the above referenced property as of
May 6, 1986 for soils investigation, civil engineering, utility line
investigation and general pre - development work for the project.
Hopefully by this date the plan check process and development of the
site will start to move along rapidly. we are sorry for any inconven-
ience this may cause for potential lessees on the site but we think
you understand our requirements.
Please call if you wish to discuss the above.
Very truly yours,
HOPKINS DEVELOPMENT COMPANY
LYN ASSOCIATES
Jeff e \ . Armour
Proj ct Manager
JBA:ch
cc: Steve Hopkins
R.
013 Corporate Plaza. Suite 200 Newport Beach California92660 (714)640-1770
9 0
DATE: April 24, 1986
TO: HONORABLE CHAIRMAN & MEMBERS OF THE AGENCY
FROM: Vicente L. Mas, Director 6 1,
Community Development Department
SUBJECT: REQUEST TO CONTINUE OCCUPANCY AFTER AGENCY
ACQUISITION OF PROPERTY: H. PHILLIPS
PURPOSE:
To request Agency consideration of Mr. Phillips' request to
continue occupying his business after acquisition by the Agency.
COMMENTS:
Staff has received a letter (copy attached) from Mr. Harry E.
Phillips requesting that he be allowed to continue occupying the
premises located at 3301 E. Imperial Highway after acquisition by
the Agency on May 1, 1986, until the Agency acquires Mr. Kelly's
property. Staff and Agency Counsel have reviewed Mr. Phillips'
request and have concurred that in view of the legal litigation
involved in the acquisition of the referenced property, the
Agency should consider the matter in a closed session.
RECOMMENDATION:
Staff respectfully requests that if the Agency wishes to give my
consideration to Mr. Phillips' request to recess to a•closed
session.
AGENDA ITEM
0
April 16, 1986
Mr. '�Iicente ',!as, Redevelopment Director
Lynwood Redevelopment Agency
11330 Dullis !toad
Lynwood, CA 90262
Dear ?•!r. Mass
Thank you for your aid in completing the acquisition of my property.
I am as anxious as you to see this development completed. However, since
the property next to me (house owned by mr. Kelly) has not yet been purchased
or the tenant been given an eviction notice, plus the fact that I have not
found a mutually- approved temporary location, I would force my employees out
of work for an extended period of time were I to vacate the premises on May 1.
Therefore, in regards to the conversation with you and the agency's lawyer
last night, I suggest a weekly rental (as per Redevelopment Law #33714, Page 58)
at the rate of $200 per week, to either be paid in advance or deducted from
Redevelopment money due me. I know eviction can be enforced by a Certificate
of Necessity within five days$ but, to show my good faith, I suggest a penalty
Of $1,000 per day with a week or more notice from you.
Thank you for your efforts.
�lnceroly,
;tarry
J %�
y ,
fillips / /
0 0
DATE: April 24, 1986
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE AGENCY
FROM: Vicente L. Mas, Director, Community Development
SUBJECT: REMOVAL OF UNDERGROUND FUEL STORAGE TANKS
LOCATED IN THE COMMERCIAL CENTER SITE
The Agency is requested to grant authorization to staff to proceed with the
,removal of underground fuel storage tanks in the Commercial Center Site.
FACTS:
1. The tanks are located at the following addresses:
A. 11333 -11335 Court Street (Holstein)
B. 3218 -3224 Mulford Street (Sanders)
2. Each tank has been registered pursuant to state requirements
and will be removed in accordance with the Los Angeles County
Code.
3. The state requires monitoring and testing of all underground
fuel storage tanks regardless of whether they are being used
or not.
4. The removal of each tank is necessary for the development
of the entire Commercial Center Site, particularly the one
in the Holstein property since the property is included in
the Lynwood Towne Center (Hopkins) project.
5. Removal of the Tanks at this time would preclude the Agency
from incurring costs in the performance of the State - required
testing and monitoring.
6. Senate Bill (SB) 90 provided for reimbursement by the State to
any public agency for costs incurred in the removal of under-
ground fuel storage tanks. In order to be considered for
reimbursement, the City must submit a project description
with a cost estimate to the State by no later than May 15, 1986.
7. The Public works Department will•be responsible for the implemen-
tation of the project including bid solicitations and contract
administration. The cost of the removal has been estimated in
about $8,500. This amount includes contractor's fees and Public
Works/Engineering staff time allocated to the project.
ANALYSIS & CONCLUSION:
The Agency is under State mandate to prove that the tanks do not represent
an environmental hazard by testing and monitoring them as per applicable
regulations. Since these tanks are no longer in use and must eventually be
removed for the construction of the Lynwrcd Town Center, staff believes
that the tanks should be removed as soon as possible. Furthermore, in
order to qualify for reimbursement of costs incurred in their removal under
SB 90, the Agency must act on this matter before May 15, 1986.
AGENDA ITEM
J
-1-
9
RECOn EMATION:
0
Staff respectfully requests that, after consideration, the Agency authorize
(1) the removal of the tanks for an amount not to exceed $10,000 and (2) the
submittal to the State of the pertinent cost reimbursement request, and (3)
the negotiation of the contract work under Section 2- 62(c)g to the City's
Municipal Code.
-2-
LYNWOOD REDEVELOPMENT AGENCY
F
11330 BULLIS ROAD LYNWOOD CALIFORNIA90262 (213) 603 -0220
AGENDA
LYNWOOD REDEVELOPMENT AGENCY
APRIL 15, 1986
REGULAR MEETING
7:30 P.M
LYNWOOD CITY HALL, i1330 BULLIS ROAD
1y r
LOUIS A. THOMPSON
VICE CHAIRMAN
- AGENCY STAFF
EXECUTIVE DIRECTOR
CHARLES G. GCPIEZ
OPENING CEREMONIES:
A.
Call
Meeting
to Order.
B.
Roll
Call.
(BYORK -M- ORRIS- THCI.IPSON- 6q=S- HENNNG)
-J
ITEMS FOR CONSIDERATION
1. MINUTES OF PREVIOUS MEETING
Regular Meeting of !March 4, 1986
Regular meeting of March 18, 1986
E. L. MORRIS
NUMER
EVELYN M. WELLS
MEMBER
AGENCY COUNSEL
RURT YEAGER
MARK J. HUEBSCH
2. A RESOLUTION OF THE REDEVELOPME'N'T AGENCY OF THE CITY OF LYNWOOD, CALIFORNIA
ALLOWING AND APPROVING THE DEMANDS AND ORDERING WARRANTS THEREFOR. WARRANTS
NOS. 1462 -1464•
3. ADOPTION OF A RESOLUTION CONCERNING PROPERTY ACQUISITION SETTLEMENT - 3301
IMPERIAL HIGHWAY, H. PHILLIPS.
Coments
The Agency has received a settlement offer from Mr. Phillips concerning
the acquisition of the property known as 3301 Imperial Highway. The
offer is consistent with settlement authority established by the Agency.
Recommendation
After consideration that the Agency adopt the attaches: Resolution which:
a) Approves the attached Agreement and authorizes the Chairman
to execute.
b) Authorizes and directs staff to effectuate the terms of
the Agreement.
c) Authorizes and directs Agency Counsel to prepare a Stipulation
for Judgement.
Notion to adjourn to a Regular Meeting of the Lynwood Redevelopment Agency, to
be held on May 6, 1986, in the Council Chambers of City Hall, 11330 Bullis
Road, Lynwood, California.
REGULAR MEETING MARCH 4, 1986
The Lynwood Redevelopment Agency met in a regular session
in the City Hall, 11330 Bullis Road, on the above date at
7:45 p.m.
Chairman Henning in the chair.
Members Byork, Morris, Thompson, Wells and Henning answered
the roll call.
Also present were Executive Director Gomez, Assistant General
Counsel Lautch, Secretary Hooper and Treasurer Wright.
It was moved by Mr. Thompson, seconded by Mr. Byork, and
carried, that the minutes of the following meetings be approved
as written:
Regular Meeting January 21, 1986
Adjourned Regular Meeting January 27, 1986
Special Meeting February 3, 1986
RESOLUTION NO. LRA 86 -8 entitled: "A RESOLUTION OF THE LYN "WOOD
REDEVELOPMENT AGENCY ALLOWING AND APPROVING THE DEMANDS AND
ORDERING WARRANTS THEREFOR." was presented.
It was moved by Ms. Wells, seconded by Mr. Thompson, that the
resolution be adopted.
ROLL CALL:
yeA s- Members Byork, Morris, Thompson, Wells, Henning
Noes: None
Absent: None
The Agency recessed to the Lynwood Information, Inc., and
Council meetings at 7:46 p.m. The Agency reconvened at 8:50 p.m.
Assistant General Counsel Lautch stated Council and the Re-
development Agency met in closed session pursuant to Government
Code Section 54956.9 for a litigation matter; Government Code
Section 54956.8, regarding acquisition of real property, and
Government Code Section 54957, personnel matters.
Community Development Director Mas stated the Agency met in
closed session to discuss property acquisition for the Galloway
project, subject property of Messrs. Kelly and Phillips. The
Agency directed staff to enter into an agreement to secure
services.
There was no further business, and it
seconded by Mr. Morris, and carried,
1986.
was moved by Mr. Byork,
to adjourn to March 18,
"? Secretary
i
I j
APPROVED APRIL 15, 1986
rm an
AGENDA ITEM
0 0
REGULAR MEETING MARCH 18, 1986
The Lynwood Redevelopment Agency met in a regular session
in the City Hall, 11330 Bullis Road, on the above date at
8:05 P.M.
Chairman Henning in the chair.
Members Byork, Morris, Thompson, Wells and Henning answered
the roll call.
Also present were Executive Director Gomez, General Counsel
Yeager, Secretary Hooper and Treasurer Wright.
It was moved by Mr. Byork, seconded by Mr. Morris, and
carried, to approve the minutes of the regular meeting of
February 4, 1986 as written.
RESOLUTION NO. LRA 86 -9 entitled: "A RESOLUTION OF THE LYN-
WOOD REDEVELOPMENT AGENCY ALLOWING AND APPROVING THE DEMANDS
AND ORDERING WARRANTS DRAWN THEREFOR." was presented.
It was moved by Mr. Byork, seconded by Ms. Wells, that the
resolution be adopted.
ROLL CALL:
Ayes. — Members Byork, Morris, Thompson, Wells, Henning
Noes: None
Absent: None
It was moved by Mr. Thompson, seconded by Ms. Wells, that
the Agency approve the Exclusive Negotiation Agreement for
the development of a 3.6 Acre neighborhood Shopping Center
in the northwest corner of Imperial Highway and Atlantic
Avenue. --
ROLL CALL
Ayes: Members
Noes: None
Absent: None
It was moved by
Agency authorize
surplus property
ROLL CALL
Ayes: Members
Noes: None
Absent: None
Byork, Morris, Thompson, Wells, Henning
Mr. Byork, seconded by Mr. :Morris, that the
the finalizing of the acquisition of Caltrans
in the Commercial Center site.
Byork, Morris, Thompson, Wells, Henning
It was moved by Mr. Thompson, seconded by Mr. Morris, that
the Agency authorize to negotiate the terms of the acquisition
with Caltrans surplus property on Atlantic Avenue.
ROLL CALL
Ayes: Members Byork, Morris, Thompson, Wells, Henning
Noes: None
Absent: None
It was moved by Mr. Morris, seconded by Mr. Byork, that the
Agency adopt the investment policy for the LRA funds.
ROLL CALL
Ayes: Members Byork, Morris, Thompson, Wells, Henning
Noes: None
Absent: None
375
Chairman Henning stated a letter had been received from the
Faith in God Baptist Church of Los Angeles regarding the use.
of agency owned property in the Commercial Center Site on
April 19 -21, 1986, for the purpose of sponsoring a carnival.
376
The proposed use and dates conflict with the survey and
soils tests being conducted by the developer in the
Lynwood Towne Center. After Agency disucssion, it was
moved by Mr. Byork, seconded by Mr. Morris, that the
Agency deny the request.
ROLL CALL
Ayes: Members Byork, Morris, Thompson, Wells, Henning
Noes. None - -�
Absent: None
1
There was no further business, and it was moved by
Mr. Morris, seconded by Mr. Byork, and carried, to
adjourn to April 1, 1986.
S ecretary
APPROVED APRIL 15, 1986
Ch airman
- 1
_J
RESOLUTION NO. LRA
A RESOLUTION OF T11E REDEVETOPf4ENT AGENCY OF T11E CITY OF LYMICOD,
LYNWOOD, CALIFORNIA ALLONING AND APPROVING THE DEMANDS AND ORDERING
VUUUWTIS THEREFOR
The Redevelopment Agency of the City of Lynwood does hereby resolve as follows:
Section
1 . That the demands presented,
having been regularly audited, are hereby allowed and
approved, and
that warrants
ordered drawn
therefor by the Agency Treasurer to the payees in
the amounts indicated.
0= NO
PAYEE
DESCRIPTION
AMOUNT
A REA A
ALAMFDA
BANK OF AMERICA
1462
Lyngate Printing Oopany
Business cards for V. Mas
$ 26.63
$ 13.31
$13.32
1463
Quick Courier Service
Courier service
52.80
26.40
26.40
1464
Willdan Associates
Professional svc. rendered 2/1- 2/21/86
3,227.00
3,227.00
-0-
TOTAL
$3,306.43
$3,266.71
39.72
Section 2 . That the Agency Secretary shall certify to the adoption of this resolution and shall deliver a certified copy to the Agency
Treasury and shall retain a copy thereof for his record.
PASSED, APPROVED AND ADOPTED this day of , 1986.
(31AIRMAN, Lynwood Redevelopmnt Agency
ATTEST:
I
AGENDA ITEM
DATE: April 15, 1986
TO: HONORABLE MAYOR AND CITY COUNCIL
0
FROM: Vicente L. Mas, Community Development Director
SUBJECT: SETTLEMENT OFFER - H.E. Phillips
PURPOSE:
To request that the Agency consider a settlement offer submitted
by Mr. Harry E. Phillips concerning the Agency's acquisition of
his property known as 3301 Imperial Highway.
FACTS:
1. The Agency and Imperial Highway and Long Beach Associates
(the Developer) have entered into a Disposition and
Development Agreement (DDA) pursuant to which the Agency
will acquire certain property and sell it to the Developer.
2. In connection with the DDA the Agency has obtained an
appraisal and entered into negotiations with Mr. Harry E.
Phillips relative to the acquisition of certain property
known as 3301 Imperial Highway.
3. On December 3, 1985, the Agency, after public hearing, adopted
a resolution of necessity concerning the acquisition of Mr.
Phillips property.
4. Mr. Phillips has made an offer (attached) which staff and
Agency Counsel believe to be consistent with settlement
authority established by the Agency in a session concerning
the acquisition of the subject property and pending litigation.
The amount of the sale offer is $152,473.
5. The Phillips' offer for sale of the subject property
includes settlement of all pending and contingent matters
(e.g. relocation, good will). The $152,473 shall be paid to
Mr. Phillips as per the terms and times stated below:
Terms of Payment
a) Value of the Premises. $123,000
b) Value of the attached furniture,
fixtures and equipment (FF &E). $ 5,473
c) Relocation compensation severance
damage, loss of good will and any
other claims that may arise. 5 24,000
5152,473
Times of Payment
a) Within 10 days of acceptance and
excution of the attached Agreement
by Agency. $ 20,000
b) Upon vacating the subject property. $ 50,000
c) Upon delivery to Agency of Release of
Premises affecting that subject
property. $ 40,000
d) Upon executions by Seller of a Release
of Premises for the property to which
AGENDA ITEH
Mr. Phillip's has temporalily relocated
to. $ 42,473
Total $152,473
ANALYSIS AND CONCLUSION
Mr. Phillips' offer to sell the subject property to the Agency in
the amount of $152,473 is consistent with settlement authority
established by the Agency on March 26, 1986. The referenced
amount includes the settlement of all pending and contingent
claims Mr. Phillips may bring against the Agency.
RECOMMENDATION
Staff respectfully requests that after consideration the Agency
adopt the attached resolution which:
a) Approves the attached Agreement and authorizes
the Chairman to execute.
b) Authorizes and directs staff to take the necessary
action to effectuate the terms of the Agreement.
c) Authorizes and directs Agency.Counsel to'prepare
a Stipulation for Judgement.
LRA RESOLUTION NO. 86 -1 2
1986.
WHEREAS, the Lynwood Redevelopment Agency (the "Agency ") and
Imperial Highway and Long Beach Associates (the "Developer ") have entered
into a Disposition and Development Agreement (the "DDA ") pursuant to which
the Agency will, if it is able to acquire certain property, sell certain
real property (the "Property") described in Exhibit "A ", to the Developer; and
WHEREAS, in connection with such DDA, the Agency obtained an
appraisal and entered into negotiations with Harry E. Phillips ( "Phillips ")
relative to the acquisition of certain property (the "Phillips Property "); and
WHEREAS, the Agency after a public hearing adopted a resolution
of necessity concerning the acquisition of the Phillips Property and commenced
legal proceedings in connection therewith; and
MD=.AS, Phillips has made an offer to sell the Phillips property
to the Agency, a copy of which is attached hereto marked Exhibit "A "; and
WHEREAS, the offer is consistent with settlement authority
heretofore established by the Agency in a session concerning the acquisition
of property and pending litigation.
Now, THEREFORE, the Lynwood Redevelopment Agency does hereby
resolve as follows:
The Lynwood Redevelopment Agency approves and authorizes the
Chairman to execute the "Agreement" in the form attached hereto as Exhibit
"A ", subject to execution by Phillips (and any other necessary parties) of a
Stipulation for Judgment to effectuate its terms. The Agency authorizes
receipt of title to the Property. Staff is authorized and directed to take
all appropriate action to effectuate the terms of the foregoing agreement.
Agency General Counsel is authorized and directed to prepare a Stipulation
for Judgment consistent with the foregoing.
E
RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY
APPROVING AND AUTHORIZING EXECUTION OF AN AGREENIE[VT
WITH HARRY E. PHILLIPS, ET AL. FOR THE ACQUISITION
OF CERTAIN REAL PROPERTY
PASSED, APPROVED and ADOPTED this 15th day of April ,
C }
ATTEST:
ANDREA L. HOOPER, Secretary
Lynwood Redevelopment Agency
General Counsel
ROBERT HENNING, Chairman
Lynwood Redevelopment Agency
VICENTE L. MAS, Director
Cammunity Development Department
Accounting Manager
t
1
0
AGREEMENT FOR CONDEMNATION
THIS AGREEMENT FOR CONDEMNATION (the "Agreement ") is
entered into by and between the City of Lynwood Redevelopment
Agency ( "Buyer "), on the one hand, and HARRY E. PHILLIPS, the
estate of ELGIA E. PHILLIPS, and JUDITH ANN GALLATI
(collectively referred to as "Sellers "), on the other hand.
RECITALS AND REPRESENTATIONS
A. Sellers - hereby represent and warrant that they are the
sole owners of the property located at 3301 Imperial Highway,
Lynwood, California 90262 (hereinafter the "Premises ") and the
sole occupants of the Premises.
B. In December 1985, a complaint in eminent domain was
filed in the Superior Court of the State of California for the
County of Los Angeles, Case No. C579313 entitled, "City of
Lynwood Redevelopment Agency, plaintiff, vs. Harry E. Phillips,
et al., defendants" (hereinafter the "Action ") to take the
Premises for purposes of redevelopment. Harry E. Phillips and
Judith Ann Gallati have filed an answer in the Action seeking,
inter alia compensation for the Premises and a loss of
goodwill to Lynwood Specialty Shop, the business conducted at
the Premises, of which Sellers are the sole owners.
C.
In the Action, an
order of
immediate possession
( "OIP ")
was obtained from
the Court
and served upon the
Sellers.
It is the mutual
intent of
the parties hereto that
EXHIBIT "A"
• 1 •
the OIP's effectiveness be acknowledged but enforcement of the
OIP be stayed until May 1, 1986 and that Sellers remain in
possession of the Premises until May 1, 1986, on the terms set
forth herein.
D. By this Agreement, Buyer will obtain the Premises by
eminent domain pursuant to Health and Safety Code Section 33391
because: (1) the public interest and necessity require the
acquisition of the Premises; (2) the redevelopment of the
Premises is planned and located in a manner which will be the
most compatible with the greatest public good and least private
injury; (3) the Premises sought to be acquired is necessary for
Buyer's redevelopment project; and (4) Sellers received an
offer to purchase the Premises in conformity with and pursuant
to Section 7267.2 of the Government Code of the State
California.
E. Buyer has entered an.agreement (the "DDA ") with
Imperial Highway & Long Beach Associates ( "Associates ")
pursuant to which Buyer was to deliver possession of the
Premises to Associates and is acquiring the Premises pursuant
to. its eminent domain powers in implementation of the DDA.
F. Sellers have entered into a lease for a portion of the
property covered by the DDA, which will become effective after
the Premises has been redeveloped. However, during the
redevelopment of the Premises, Sellers' intention is to
temporarily relocate their business, known as "Lynwood
Specialty Shop ", to another site and then to permanently
relocate back to the property covered by the DDA. A
conditional use permit ( "CUP ") is-required for occupancy of one
40211/2019/22 -2-
i
0
temporary location site presently under consideration by
Sellers and Sellers acknowledge that they will file or have
filed an application for a CUP with the City of Lynwood. Buyer
will not, in bad faith, interfere therewith or hinder the
granting of such a CUP. Buyer and Sellers acknowledge that the
determination of whether to grant a CUP is a function of the
appropriate review process over which Buyer has no control and
no assurances can be made when or if the CUP will be granted.
G. Buyer's original appraisal of the Premises indicated a
value of $85,000. Sellers' property valuation was $133,000.
Buyer's obtained an amended appraisal indicating a value of the
Premises of no more than $109,000. In addition, an appraisal
of the furniture, fixtures and equipment ( "FF &E ") of Lynwood
Specialty Shop was conducted which appraised the fair - market
value of the attached FF &E as $5,473 and the movable FF &E as
$4,318.
The parties, in mutual consideration of the covenants,
representations, recitals, conditions and promises herein
contained, and for good and valuable consideration, agree as
follows:
1. Buyer shall pay to Sellers on the terms and at the
times set forth herein a total of $152,473 (the "Purchase
Price ") representing:
(a) The agreed upon value of the Premises at $123,000;
(b) The value of the attached FF &E of $5,473;
40211/2019/22 -3-
(c) $24,000 relocation expense, severance damage,
loss of goodwill, and any and all other claims Sellers may have
against Buyer.
2. The OIP shall be deemed immediately enforceable upon
execution of this Agreement on behalf of Sellers, but shall not
be enforced until on or after May 1, 1986. If Sellers have not
vacated the Premises by May 1, 1986, they shall be charged rent
wsEx
of $600 per ztE�: beginning on May 2, 1986 which rent shall be
credited to the purchase price set forth in Paragraph 1 above,
and which Buyer and Sellers agree is a fair market value rent
for the Premises.
3. Buyer shall pay the Purchase Price to Sellers at the
following times and on the following conditions:
(a) $20,000 - within 10 days of the acceptance and
execution of this Agreement by Buyer; '
(b) $50,000 upon vacating the Premises, delivery of a
title insurane policy showing title vested in Buyer or its
assignee or nominee which is acceptable to Buyer and execution
of the Stipulation for JudgInent in Eminent Domain which shall
be prepared by Buyer;
(c) $40,000 upon vacating the Premises, delivery of the
title insurance policy described in paragraph 3(b), and
signature and delivery by Sellers to Buyer of the Release of
Premises in the form attached hereto as Exhibit "A" and
incorporated herein as though set forth in full, such amount to
be offset by any rental charged pursuant to Paragraph 2 of this
Agreement; and
40211/2019/22 -4-
(d) The sum of $42,473 upon execution by Sellers
of a Release of Property for the property to which the
temporary relocation has taken place.
4. Sellers, on behalf of themselves and their heirs,
partners, spouses, successors, assignees and representatives,
fully release and-discharge Buyer from all and any manner of
rights, claims or actions, in law or equity, of whatever kind
or nature, whether known or unknown, whether now existing or
hereinafter arising, except for those set forth in this
Agreement, which arise from or relate in any manner to the
subject matter of the Action, the condemnation or taking by
eminent domain or inverse condemnation of the Premises or any
portion thereof and the relocation of Lynwood Specialty Shop,,
including, but not limited to, compensation for the Premises,
any fixtures, furniture or equipment thereon, goodwill,
relocation assistance, severance damage, attorneys' fees or any
other compensation whatsoever. Sellers have been advised by
their attorney of record in the Action and have read and
understood the provisions of Section 1542 of the California '
Civil Code, which provides:
"A general release does not extend to
claims which the creditor does not know or
suspect to exist in his favor at the time of
executing the release, which if known by him
must have materially affected his'settlement
with the debtor."
Nevertheless, Sellers do hereby assume all risks for claims,
known or unknown, heretofore or hereafter arising from or
40211/2019/22 -5-
i •
relating to the matters released in this Agreement and do
hereby waive all of their respective rights under Section 1542
of the California Civil Code.
5. This Agreement is a compromise and settlement of the
Action and is not intended and shall not constitute or be
construed as an admission of the truth or correctness of any
allegation or claim made therein, except as provided herein.
6. Buyer and Sellers each agree, warrant and represent
that they have carefully read the contents of this Agreement
and-that, in executing this Agreement, they do so with full
knowledge of any right which they may have, that they have
received independent legal advice from their respective
attorneys of record in the Action with respect to the matters
set forth herein and that they have freely signed this
Agreement without relying on any agreement, promise, statement.
or representation by or on behalf of either Buyer or Sellers,
or their respective agents, employees, attorneys or attorneys
of record, except as specifically set _forth in this Agreement.
_. 7. The' statements, representations and recitals contained
in this Agreement are to be considered contractual in nature
and not merely recitations of'fact. ^_'his Agreement shall be
binding upon, and inure to the benefit of, the parties hereto
and their respective heirs, agents, successors, legal
representatives and assigns.
8. The laws of the State of California shall govern.this
Agreement in all respects, including, but not limited to,
matters of construction, validity, enforcement and
interpretation. If any legal action is brought to enforce,
40211/2019/22 -6-
f i
construe, interpret or invalidate the terms of this Agreement,
the prevailing party shall be entitled to all costs and
expenses incurred in any such action including court costs and
reasonable attorneys' fees, in'addition to any other relief to
which they may be entitled.
9. This Agreement contains the entire Agreement between
Buyer and Seller with respect to the matters described herein,
and as such, supersedes any prior understandings, discussions
or agreements with respect to such matters.
10. The effective date of this Agreement shall be the date
on which Buyer accepts, approves and executes this Agreement.
11. Buyer and Sellers agree to execute any and all
documents which may reasonably be necessary or helpful to
effectuate this Agreement and the intent of the parties in
entering into this Agreement including,, but not limited to,
releases, agreements, stipulations in the Action, or the like__
12. Sellers will and do hereby agree to vacate the
Premises on or before May 1, 1986 at their sole expense and
Sellers shall be solely and exclusively responsible for
removing and entitled to remove any furniture, fixtures,
equipment or other item or thing from the Premises which they
may want to move. The foregoing will be completed before 11:59
p.m. on May 1, 1985, at Sellers' sole expense, and TIME IS OF
= ESSENCE OF TwIS AGREEMENT It is understood that
development of the Premises is scheduled to begin and that any
delay in said development may cause substantial and severe
injury and damage to both Buyer and to Associates which is
designated as a third party beneficiary herein insofar as
40211/2019/22 -7-
Sellers' obligation to vacate the Premises on or before May 1,
1986.
13. Sellers represent, agree and warrant that they will
not in any way interfere with use, possession or development of
the Premises after May 1, 1986.
14. The drafting and negotiation of this Agreement has
been participated in by both Buyer and Sellers, and for all
purposes this Agreement shall'be deemed to have been drafted
jointly by Buyer and Sellers.
15. The risk of loss from damage, injury or destruction of
the Premises shall belong to Sellers until the day after they
vacate the Premises and execute the Release of Premises
attached hereto as Exhibit A. At such time, such risk of loss
shall pass to Buyer.
16. Property taxes and all other assessments or taxes
shall be prorated and paid by Sellers up to the date they
vacate and relinquish possession of the Premises and execute
the Release of Premises attached hereto as Exhibit A.
17. Both parties waive the right to recuire a termite
inspection or other inspection of the improvements on the
b
Premises as may be required Y California law.
is. Neither Buyer nor Sellers are represented by a real
estate broker or salesman in connection with the acquisition of
the Premises by Buyer and no commissions are due or payable as
a result of such acquisition.
Y E. PHILLIPS
THE ESTATE OF ELGIA E. PHILLIPS
I
By:
Its
S(/2viV /tXi 'lo /NT �710 7
0 JUDITH ANN GALLATI
THE CITY OF LYNWOOD
REDEVELOPMENT AGENCY
By:
Its:
—9—
EXHIBIT A
RELEASE OF PREMISES
The undersigned, HARRY E. PHILLIPS and JUDITH ANN GALLATI,
on behalf of themselves, the estate of ELGIA E. PHILLIPS and
LYNWOOD SPECIALTY SHOP hereby acknowledge and agree that:
1. They are the Owners and sole possessors of the
property located at 3301 Imperial Highway, Lynwood, California
90262 (the "Premises ");
2. Pursuant to the "Agreement for Condemnation"
memorializing an agreement between them and the City of Lynwood
Redevelopment Agency (the "Agency "), they hereby relinquish and
release possession of the Premises to the Agency on this date;
and
3. They hereby represent, warrant and assure the Agency
that as of the date of the execution of this Release, the
Premises are vacant, unoccupied and available for demolition
and redevelopment pursuant to the Agreement for Condemnation
and the DDA referenced therein. '
WHEREFORE, this Release of Premises is executed this
day of , 1986.
I I
10
JLMITH ANN GALLAT I
40211 /2019 /22 EXHIBIT A