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Home My Public Portal About2015.161 (09-15-15)RESOLUTION NO. 2015.161 A RESOLUTION OF THE CITY COUNCIL AS SUCCESSOR TO THE LYNWOOD REDEVELOPMENT AGENCY APPROVING THE ACCEPTANCE OF THE YOUTH CENTER GRANT DEED FROM THE CITY OF LYNWOOD WHEREAS, pursuant to Section 34167.5 of the Health and Safety Code, the California State Controller's Office issued an order on June 30, 2015 for the return of fee title to the Youth Center Property located at 11409 'Birch Street in the City of Lynwood (Youth Center Parcel), to the Lynwood Redevelopment Agency Successor Agency; and WHEREAS, pursuant to Section 34191.5 (c)(2) of the Health and Safety Code, the long -range property management plan procedure under AB X1 26, as amended, provides a procedure where, upon satisfactory compliance with AB X1 26, the Successor Agency may seek the return of the Youth Center Parcel to the City of Lynwood as a government use; and WHEREAS, in response to the order from the California State Controller's Office, the Lynwood Redevelopment Agency Successor Agency desires to-accept the return of fee title to the Youth Center. Parcel under the condition it may return the Youth Center Parcel to the City of Lynwood as provided in 34191.5(c)(2) of the Health and Safety Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2. Approval to ' accept the Youth Center Grant Deed. The Successor Agency hereby approves the Youth Center Grant Deed in substantially the form attached hereto as Exhibit A and authorizes the Chair to execute the same grant deed. Section 3. Authorization to Make Changes. The Successor Agency authorizes the Executive Director or his designee to make changes as necessary to the Youth Center Grant Deed, if necessary, before it is acknowledged before a notary public by the City of Lynwood and Lynwood Redevelopment Agency Successor Agency and recorded with the Office of the Los Angeles County Recorder; and to make any changes and take any actions in furtherance of this Resolution thereafter as necessary. Section 4. That the City Clerk, as Secretary of the Lynwood Redevelopment Agency Successor Agency, certifies the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 15th day of September, 2015. ATTEST: APPROVED AS TO FORM: I David A. Garcia, City Attorney Pe A/ - - - Job Luis Solache, Mayor APPROVED AS TO CONTENT: J. rnoldo Beltran, City Manager [THIS SPACE INTENTIONALLY LEFT BLANK] 2 STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood as Successor Agency to the Lynwood Redevelopment Agency, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 15th day of September, 2015. AYES: COUNCIL MEMBERS ALATORRE, CASTRO, " HERNANDEZ, SANTILLAN -BEAS AND SOLACHE NOES: NONE ABSENT: NONE ABSTAIN: NONE `s STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood as Successor Agency to the Lynwood Redevelopment Agency, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2015.161 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 15th day of September, 2015. 3 OFFICIAL BUSINESS Document entitled to free recording per Government Code Sections 6103 and 27383 Recording Requested by and When Recorded, Mail To: CITY OF LYNWOOD Office of the City Manager 11330 Bullis Road Lynwood, CA 90262 Los Angeles County Assessor Parcel Number: 6173 - 007 -900 SPACE ABOVE THIS LINE FOR RECORDING USE EXEMPT FROM DOCUMENTARY TRANSFER TAX PER GOVERNMENT CODE SECTIONS 6103-AND 27383 YOUTH CENTER GRANT DEED (Youth Center Parcel —11409 Birch Street) [Transfer made in response to Health & Safety Code section 34167.5 and subject to covenants for government use under Health & Safety Code section 34191.5(c)(2)] FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, the CITY OF LYNWOOD, a municipal corporation of the State of California, herein called "Grantor," acting to carry out the redevelopment project plans under Ordinance No. 945 adopted July 10, 1973 for Redevelopment Project Area A and Ordinance No. 993 adopted November 3,1975 for the Alameda Redevelopment Project Area (hereinafter collectively referred to herein as simply the "Redevelopment Plan") pursuant to the Community Redevelopment Law of the State of California, hereby grants to the LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY, a public body, corporate and politic, duly formed pursuant to Health & Safety Code section 34173, validly existing and in good standing under the laws of the State of California, herein called "Grantee," the real property located at 11409 Birch Street in the City of Lynwood, County of Los Angeles, and State of California hereinafter referred to as the "Youth Center Parcel," legally described as: THE EASTERLY 80 FEET OF LOT 1201 AND THE EASTERLY 80 FEET OF THE NORTHEAST 40 FEET OF LOT 1202 TRACT NO. 3335, AS PER MAP RECORDED IN BOOK 36, PAGE 42, OF MAPS IN THE RECORDS OF LOS ANGELES COUNTY. APN: 6173 - 007 -900 1 (1) The Youth Center Parcel is hereby conveyed in response to an order under Health & Safety Code section 34167.5, in accordance with and subject to future disposition under Health & Safety Code section 34191.5(c)(2) and the Redevelopment Plan, which results in the allocation of taxes from Redevelopment Project Area A and the Alameda Redevelopment Project Area, pursuant to the above - referenced ordinances, for purposes of redevelopment and the corresponding statutory five -year implementation plan for said corresponding project areas, as amended from time -to -time with established goals to support affordable housing, economic development, community revitalization, commercial revitalization, and institutional revitalization. (2) Grantee hereby covenants and agrees for itself, its successors, its assigns, and every successor -in- interest to the Youth Center Parcel that Grantee, such successors and assigns, shall develop, maintain, and use the Youth Center Parcel for any municipal purpose, including, but not limited to the elimination of blighting influences within the Redevelopment Project Area A, the Alameda Redevelopment Project Area, affordable housing and public improvements, in conformance with the Redevelopment Plan. This covenant includes the requirement to facilitate and subsequently include the Youth Center Parcel in the long -range property management plan for government use disposition under Health & Safety Code section 34191.5(c)(2); this transfer is made in response to Health & Safety Code section 34167.5 and the order of the California State Controller. (3) Grantee covenants and agrees for itself, its successors, its 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, sexual orientation, marital status, race, color, creed, religion, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Youth Center Parcel, nor shall 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, sublessees, or vendees in the Youth Center Parcel. The foregoing covenants shall run with the land. (4) All deeds, leases or contracts made relative to the Youth Center Parcel, improvements thereon, or any part thereof, shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (a) In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, 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 any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or OJ occupancy- of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." Notwithstanding the paragraph, with respect to familial status, paragraph (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions :,(n), (o), and (p) of Section 12955 of the, Government Code shall also apply to the above paragraph. (b) In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, 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 any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, 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, sublessees, subtenants, or vendees in the premises herein leased." Notwithstanding the above paragraph, with respect to familial status, paragraph (b) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to the above paragraph. (c) In contracts entered into by the Grantee relating to the sale, transfer, or leasing of land or any interest therein acquired by the Grantee within any survey area of redevelopment project the foregoing provisions in substantially the forms set forth shall be included and the contracts shall further provide that the foregoing provisions shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument. I� (5) All conditions, covenants and restrictions contained in this Grant Deed shall be covenants running with the land, and shall, in any event, and without regard to technical classification or designation, legal or otherwise, be, to the fullest extent permitted by law and equity, binding for the benefit and in favor of, and enforceable by Grantor, its successors and assigns, against Grantee, its successors and assigns, to or of the Youth Center Parcel conveyed herein or any portion thereof or any interest therein, and any party in possession or occupancy of said Youth Center Parcel or portion thereof. (6) The conditions contained in paragraphs (4) and (5) of this Grant Deed shall remain in perpetuity, except as otherwise expressly provided by law. (7) In amplification and not in restriction of the provisions set forth hereinabove, it is intended and agreed that Grantor shall be deemed a beneficiary of the agreements and covenants provided hereinabove both for and in its own right and also for the purposes of protecting the interests of the community. All covenants without regard to technical classification or designation shall be binding for the benefit of Grantor, and such covenants shall run in favor of Grantor for the entire period during which such covenants shall be in force and effect, without regard to whether Grantor is or remains an owner of any land or interest therein to which such covenants relate. Grantor shall have the right, in the event of any breach of any such agreement or covenant, to exercise all the rights and remedies, and to maintain any actions at law or suit in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant. (8) No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Grant Deed shall defeat or render invalid or in any way impair the lien or charge of any mortgage or deed of trust or security interest; provided, however, that any subsequent owner of the Youth Center Parcel shall be bound by such remaining covenants, conditions, restrictions, limitations, and provisions, whether such owner's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. (9) None of the terms, covenants, agreements or conditions heretofore agreed upon in writing in other instruments between the parties to this Grant Deed with respect to obligations to be performed, kept or observed by Grantee or Grantor in respect to said Youth Center Parcel or any part thereof after this conveyance of said Youth Center Parcel shall be deemed to be merged with this Grant Deed. (10) The covenants contained in this Grant Deed shall be construed as covenants running with the land and not as conditions which might result in forfeiture of title. [Remainder of this page is intentionally left blank; signatures on following page] 4 IN WITNESS WHEREOF, Grantor and Grantee have caused this instrument to be executed on their behalf by their respective officers hereunto duly authorized this day of September, 2015. Dated:_ ATTEST: By: Maria Quinones City Clerk Date: I:MeM�Ill I' , Maria Quinones Secretary GRANTOR CITY OF LYNWOOD, a municipal corporation le ose Luis S Mayor (',R ANTFR LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY, a public body, corporate and politic, designated under Health & Safety Code section 34173 By: City of Lynwood, a municipal corporation and pursuant to that designation under Health & Safety Code section 34173(g) 5 Ir dose Luis Solache Chairperson CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by this Grant Deed dated from the CITY OF LYNWOOD, a municipal corporation, as Grantor, to the LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY, a public body, corporate and politic, designated under Health & Safety Code section 34173, as Grantee is hereby accepted and the LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY consents to recordation thereof by its duly authorized officer as accepted by Resolution No. by Grantee which was passed, approved and adopted Dated: By: fAue Gtr ose Luis Solache Chairperson 6 This Grant Deed requires notarization before a Notary Public. The Notary Public must use the current approved form of acknowledgment for the State of California. A PDF is available at: http://notary.cdn.sos.ca.gov/fonns/notary-ack.pdf ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On , 2015 before me, (insert name of the officer), Notary Public, personally appeared Jose Luis Solache, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public [Seal]