HomeMy Public PortalAbout2015.209 (11-24-15)JOINT RESOLUTION
RESOLUTION NO. 2015.209 City Council
RESOLUTION NO. 2015.030 Successor Agency
A RESOLUTION OF THE CITY COUNCIL AS SUCCESSOR TO THE LYNWOOD
REDEVELOPMENT AGENCY AND A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LYNWOOD REQUESTING FOR THE OVERSIGHT BOARD TO THE
LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY TO APPROVE A
RESOLUTION FOR THE DISPOSITION AND TRANSFER OF THE YOUTH CENTER
LOCATED AT 11409 BIRCH STREET IN THE CITY OF LYNWOOD BY THE
LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY TO THE CITY OF
LYNWOOD AND AUTHORIZE THE CHAIRPERSON OF THE LYNWOOD
REDEVELOPMENT AGENCY SUCCESSOR AGENCY TO EXECUTE THE
ATTACHED GRANT DEED CONVEYING THE YOUTH CENTER LOCATED AT 11409
BIRCH STREET IN THE CITY OF LYNWOOD FROM THE LYNWOOD
REDEVELOPMENT AGENCY SUCCESSOR AGENCY TO THE CITY OF LYNWOOD
AS A GOVERNMENT USE PROPERTY UNDER HEALTH & SAFETY CODE
SECTION 34181(a) WITH CORRESPONDING REQUESTS TO THE LYNWOOD
REDEVELOPMENT AGENCY SUCCESSOR AGENCY TO ISSUE THE ATTACHED
GRANT DEED AND THE CITY COUNCIL FOR THE CITY OF LYNWOOD TO
ACCEPT THE SAME GRANT DEED AND AUTHORIZE THE MAYOR OF THE CITY
OF LYNWOOD TO EXECUTE THE SAME GRANT DEED ON BEHALF OF THE CITY
OF LYNWOOD, AS GRANTEE; ALL ACTIONS TO CONFIRM THE YOUTH CENTER
AS A GOVERNMENT USE
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 (Successor Agency); and
WHEREAS, in conformance with order of the California State Controller's Office
under Section 34167.5 of the Health and Safety Code, the City of Lynwood (City)
authorized the return of fee title to the Youth Center Parcel to the Successor Agency;
and
WHEREAS, 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, as amended, 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
and authorization by the City to return the Youth Center Parcel to the Successor
Agency, Successor Agency staff sought guidance from the California Department of
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Finance (Finance) under Section 34181(a) of the Health & Safety Code to confirm and
construe the Youth Center Parcel as eligible for return to the City as a government use
prior to the submittal of the long -range property management plan; and
WHEREAS, in conformance with the guidance of Finance, the Successor
Agency and City request the Oversight Board to consider the return of the Youth Center
Parcel to the City under subdivisions (a) and (f) of Section 34181 of the Health & Safety
Code as a government use property along with the grant deed prepared for the transfer
of the Youth Center Parcel by the Successor Agency to the City.
NOW, THEREFORE, THE SUCCESSOR AGENCY AND CITY COUNCIL FOR
THE CITY OF LYNWOOD DO HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and
incorporated herein by reference.
Section 2. Request for Oversight Board to Execute a Resolution for
Approval, Disposition, Direction to Transfer, and Authorization to Execute Youth
Center Parcel Grant Deed. The Lynwood City Council and the Successor Agency
request for the Oversight Board to the Lynwood Redevelopment Agency Successor
Agency to approve resolution approving the Youth Center Parcel Grant Deed in
substantially the form attached hereto as Exhibit A and the disposition of the Youth
Center Parcel under Section 34181(a) of the Health & Safety Code; and that the
Oversight Board further directs the Successor Agency to transfer ownership of the
Youth Center Parcel to the City as a government use under Section 34181(a); and
finally, that the Oversight Board authorize the Chairperson of the Successor Agency, or
the Chairperson designee, to execute the Youth Center Parcel Grant Deed, and that the
Mayor of the City, or the Mayor's designee, to accept the Youth Center Parcel as
contemplated by the Youth Center Parcel Grant Deed.
Section 3. Authorization to Make Changes. The Lynwood City Council and
the Successor Agency request for the Oversight Board to authorize the Executive
Director of the Successor Agency or the Executive Director's designee to make non -
substantive changes as necessary to the Youth Center Parcel Grant Deed, if required
and appropriate, before it is acknowledged by the Successor Agency and City
signatories before a notary public and recorded with the Office of the Los Angeles
County Recorder; also that the Executive Director of the Successor Agency or the
Executive Director's designee be also authorized to make any other non - substantive
changes and take any actions in furtherance of this resolution thereafter as necessary.
Section 4. That this Resolution shall take effect immediately upon its adoption.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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Section 5. That the City Clerk/Secretary of the Successor Agency shall certify as
to the adoption of this City Council /Successor Agency joint Resolution.
PASSED, APPROVED and ADOPTED this 24th day of November 2015.
ATTEST:
( V l
Maria Quinonez,
City Clerk/Secretary
APPROVED AS TO FORM:
David A. Garcia,
City Attorney /General Counsel
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r /Chairperson
J. Arnoldo Beltran
City Manager /Executive Director
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood and
Secretary to the City of Lynwood Successor Agency, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council and Successor
Agency of the City of Lynwood at a regular meeting held on the 24th day of November
2015, and passed by the following votes:
AYES: COUNCIL MEMBERS /MEMBERS ALATORRE, CASTRO, HERNANDEZ,
SANTILLAN -BEAS AND SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Maria Quinonez, dAy Clerk/Secr ary
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood and
Secretary to the Lynwood Successor Agency of said City, do hereby certify that the
above foregoing is a full, true and correct copy of Resolution No. 2015.209 and
Resolution No. 2015.030 on file in my office and that said Resolution was adopted on
the date and by the vote therein stated. Dated this 24th day of November, 2015.
Maria Quinonez, City Clerk/Se ry
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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 34181(a) and subject to covenants
for government use under Health & Safety Code section 34181(a)]
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby
acknowledged, the LYNWOOD REDEVELOPMENT AGENCY SUCCESSOR AGENCY, a
public body, corporate and politic, duly formed pursuant to Health & Safety Code section 34173,
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 CITY OF LYNWOOD, a
municipal corporation of the State of California, 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 -901, -902 (the property was previously identified as 6173 - 007 -900)
(1) The Youth Center Parcel is hereby conveyed in accordance with and subject to government
use under Health & Safety Code sections 34181(a) and/or 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 that the
Youth Center Parcel be dedicated for government use under Health & Safety Code section
34181(a), and if necessary and appropriate, 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).
(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
occupancy of tenants, lessees, subtenants, sublessees, or vendees in the
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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 parry
or parties, or other transferees under the instrument.
(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]
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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
.2015.
GRANTEE
CITY OF LYNWOOD, a municipal
corporation
Dated: By:
ATTEST:
Maria Quinones
City Clerk
Josd Luis Solache
Mayor
GRANTOR
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)
Date: By:
ATTEST:
Maria Quinones
Secretary
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Josd Luis Solache
Chairperson
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by this Grant Deed dated
from the LYNWOOD REDEVELOPMENT AGENCY
SUCCESSOR AGENCY, a public body, corporate and politic, designated under Health &
Safety Code section 34173, as Grantor, to the CITY OF LYNWOOD, a municipal corporation,
as Grantee is hereby accepted and the CITY OF LYNWOOD consents to recordation thereof by
its duly authorized officer as accepted by Resolution No. by Grantee which was passed,
approved and adopted
Dated:
W.
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Jose Luis Solache
Mayor
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/fortns/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.
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]