HomeMy Public PortalAbout9C Real Property Transfer and Cooperative Agreement Between City and City CRAAGENDA
ITEM 9.C.
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: March 15, 2011
TO: The Honorable City Council •
The Board of Directors of the Community Redevelopment Agency
FROM: Jose E. Pulido, City Manager and Executive Director
By: Erica L. Vega, Assistant City Attorney
SUBJECT: REAL PROPERTY TRANSFER AND COOPERATIVE AGREEMENT
BETWEEN THE CITY OF TEMPLE CITY AND THE REDEVELOPMENT
AGENCY OF THE CITY OF TEMPLE CITY
RECOMMENDATION:
1. The City Council is requested to adopt Resolution No. 11-4738 approving a real
property transfer and cooperative agreement between the City and the Community
Redevelopment Agency; and
2. The Board of Directors of the Redevelopment Agency is requested to adopt
Resolution No. CRA 11-1018 approving a real property transfer and cooperative
agreement between the City and the Community Redevelopment Agency.
BACKGROUND:
The Community Redevelopment Law (California Health and Safety Code Section
33000, et seq.) (the "Redevelopment Law") contains various provisions respecting
cooperation between redevelopment agencies and cities. The Redevelopment Law
authorizes the Temple City Community Redevelopment Agency ("Agency") to delegate
to the City of Temple City ("City") any of the powers or functions of the Agency with
respect to the planning or undertaking of redevelopment projects in the area in which
the City is to act, and the City is authorized to carry out or perform such powers or
functions for the Agency. For the purpose of aiding and co-operating with the Agency,
the Agency may convey land it owns to the City, with or without consideration, for
redevelopment by the City.
ANALYSIS:
The Agency owns the fee interest in the real property (the "Property") described in the
Real Property Transfer And Cooperative Agreement (the "Agreement"). The Agreement
RIV #4816-18].6-0136 vi
City Council and Community Redevelopment Agency
March 15, 2011
Page 2of2
provides for the transfer of the Property by the Agency to the City and the delegation by
the Agency to the City of the Agency's powers and functions with respect to the
planning and undertaking of the redevelopment of the Property. The attached City and
Agency resolutions approve the Agreement.
CONCLUSION:
City and Agency staff recommend that the City Council and the Agency Board adopt the
attached Resolutions approving the Agreement. Approval of the Agreement will allow
the City to redevelop the Property in accordance with the Redevelopment Law and
delegates the Agency's powers to the City with respect to the redevelopment of the
Property.
FISCAL IMPACT
The Agreement transfers the Property to the City without monetary consideration.
Therefore, the approval of the Agreement will have no fiscal impact on the City or the
Agency.
ATTACHMENT(S)
A. City Resolution No. 11-4738
B. Agency Resolution No. CRA 11-1018
REAL PROPERTY TRANSFER AND COOPERATIVE AGREEMENT
This REAL PROPERTY TRANSFER AND COOPERATIVE AGREEMENT
("Agreement"), is entered into this _ day of March, 2011, by and between the CITY OF
TEMPLE CITY (the "City") and the TEMPLE CITY REDEVELOPMENT AGENCY (the
"Agency") with reference to the following facts:
A. Pursuant to the Community Redevelopment Law (California Health and Safety
Code Section 33000, et seq.) (the "Redevelopment Law"), the Agency is undertaking a program
for the redevelopment of blighted areas in the City.
B. The City Council of the City ("City Council") has adopted a Redevelopment Plan
(the "Redevelopment Plan") for the Rosemead Boulevard Redevelopment Project #1 (the
"Project Area").
C. Pursuant to Section 33205 of the Redevelopment Law, a redevelopment agency is
authorized to delegate to a community any of the powers or functions of the agency with respect
to the planning or undertaking of a redevelopment project in the area in which such community
is authorized to act, and such community is authorized to carry out or perform such powers or
functions for the redevelopment agency.
D. Pursuant to Section 33220(g) of the Redevelopment Law, any public entity, for
the purpose of aiding and co-operating in the planning, undertaking, construction, or operation of
redevelopment projects located within the area in which such public entity is authorized to act,
may, with or without consideration, acquire land in a project area from a redevelopment agency
for redevelopment in accordance with the redevelopment plan for such project area.
E. Pursuant to Section 33430 of the Redevelopment Law, a redevelopment agency
may, within the survey area or for purposes of redevelopment, sell, transfer, assign or otherwise
dispose of any real or personal property or any interest in property.
F. The Agency owns the fee interest in the real property described in Exhibit A
attached hereto and incorporated herein by reference (the "Property").
G. Pursuant to Section 33220(e) of the Redevelopment Law, a redevelopment agency
may enter into agreements with any public entity respecting any action to be taken pursuant to
any of the powers granted by the Redevelopment Law or any other law (and such agreement may
extend over any period, notwithstanding any law to the contrary).
H. The City desires to aid and cooperate with the Agency in the planning,
undertaking, construction and operation of redevelopment projects, and in that regard the Agency
has determined to convey the Property to the City for that purpose and to delegate to the City the
powers and functions of the Agency with respect to the planning and undertaking of
redevelopment projects in accordance with the Redevelopment Plan, and the City has determined
to accept the conveyance of the Property and the Agency's delegation of its powers and
functions.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
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Section 1. Conveyance of Property. The Agency shall convey all of its right, title
and interest in and to the Property to the City by way of a Grant Deed, substantially in the form
attached hereto as Exhibit B, evidencing the conveyance of the Property. The City shall execute
the Certificate of Acceptance attached to the Grant Deed, evidencing the City's acceptance of the
conveyance. Each party shall itself bear any costs it incurs in the conveyance of the Property.
Section 2. Delegation of Redevelopment Functions and Powers.
(a) The Agency hereby delegates to the City all of the Agency's functions and
powers conferred by law with respect to the planning and undertaking of redevelopment projects
with respect to the Property, including but not limited to, planning, development, replanning,
redesign, clearance, reconstruction, or rehabilitation, or any combination thereof, of the Property;
developing building sites on the Property; providing residential, commercial, industrial, public,
or other structures or spaces on the Property or with respect to the Property; altering, improving,
modernizing, reconstructing, or rehabilitating, or any combination of these, of existing structures
on the Property; providing for open -space uses on the Property or with respect to the Property;
continuing existing buildings or uses on the Property; disposing of the Property or any
improvements thereon; insuring the Property and any improvements thereon; and renting,
maintaining, managing, and repairing the Property and any improvements thereon.
(b) The City hereby accepts this delegation and agrees to cooperatively
undertake the redevelopment of the Property in a manner consistent with all applicable laws and
the Redevelopment Plan (as it may be amended hereafter from time to time).
(c) It is hereby acknowledged and agreed that, so long as the City is not in
violation of the law or the Redevelopment Plan, the City has absolute discretion regarding its
exercise of the functions and powers delegated to it pursuant to this Agreement, including,
without limitation, the determination of specific actions to be undertaken with respect to the
redevelopment of the Property, and the manner and timing of undertaking such actions. In no
way shall this Agreement be construed to require the City to undertake any specific project on or
to otherwise exercise any of its delegated powers with respect to any Property. Prior to
commencement of work on any redevelopment project, all necessary environmental review
required by the California Environmental Quality Act ("CEQA") shall be completed. This
Agreement in no way limits the discretion of the Planning Commission of the City, the Agency
Board or the City Council of the City in completing environmental review of such projects.
Section 3. Nondiscrimination. The City covenants by and for itself, its 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 California 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 California Government Code, in
the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises herein
conveyed, nor shall the City, or any person claiming under or through it, 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 premises
herein conveyed.
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Notwithstanding the immediately preceding paragraph, with respect to familial status,
said paragraph shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the California Government Code. With respect to familial status, nothing in said
paragraph shall be construed to affect Sections 51,2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of
the California Government Code shall apply to said paragraph.
All deeds, leases or contracts entered into with respect to the Property shall contain or be
subject to substantially the following nondiscriminationlnonsegregation 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 California
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 California
Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of
the premises herein conveyed, nor shall the Grantee himself or herself, 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 premises herein conveyed. The foregoing
covenants shall run with the land.
Notwithstanding the immediately preceding paragraph, with respect to familial status,
said paragraph shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the California Government Code. With respect to familial status, nothing in said
paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of
the California Government Code shall apply to said 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 California
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 California
Government Code, in the leasing, subleasing, transferring, use or 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 immediately preceding paragraph, with respect to familial status,
said paragraph shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the California Government Code. With respect to familial status, nothing in said
paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
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California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of
the California Government Code shall apply to said paragraph."
(c) In contracts: "The contracting party or parties hereby covenant by and for
himself or herself and their respective successors and assigns, 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 California 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 California Government Code, in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the contracting
party or parties, any subcontracting party or parties, or their respective assigns or transferees,
establish or permit any such practice or practices of discrimination or segregation.
Notwithstanding the immediately preceding paragraph, with respect to familial status,
said paragraph shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the California Government Code. With respect to familial status, nothing in said
paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of
the California Government Code shall apply to said paragraph."
Section 4. Indemnification.
(a) The Agency agrees, to the fullest extent permitted by law but subject to
Section 4(b) below, to indemnify, defend and hold harmless the City and its Council Members,
officers, employees and agents from and against any and all losses, claims, damages, liabilities,
penalties, fines, forfeitures or expenses (including attorney's fees), of every kind, character and
nature whatsoever arising out of the execution of and performance under this Agreement,
including, but not limited to, those arising out of, resulting from or in any way connected with
the acquisition, condition, ownership, use, or possession of the Property or any part thereof. The
Agency's indemnity obligations contained in this Section 4(a) shall survive the termination or
expiration of this Agreement.
(b) In contemplation of the provisions of California Government Code
Section 895.2 imposing certain tort liability jointly upon public entities solely by reason of such
entities being parties to an agreement as defined by Government Code Section 895, the parties
hereto, as between themselves, pursuant to the authorization contained in Government Code
Sections 895.4 and 895.6, shall each assume the full liability imposed upon it, or any of its
officers, agents or employees, by law for injury caused by negligent or wrongful acts or
omissions occurring in the performance of this Agreement to the same extent that such liability
would be imposed in the absence of Government Code Section 895.2. To achieve the above -
stated purpose, each party indemnifies, defends and holds harmless the other party for any
liability, losses, cost or expenses that may be incurred by such other party solely by reason of
Government Code Section 895.2.
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Section 5. Default.
(a) If either party fails to perform or adequately perform an obligation
required by this Agreement within thirty (30) calendar days of receiving written notice from the
non -defaulting party, the party failing to perform or adequately perform shall be in default
hereunder. Any failure or delay 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.
(b) In the event of default, the non -defaulting party will have all the rights and
remedies available to it at law or in equity to enforce the provisions of this Agreement, including
without limitation, the right to seek specific performance and/or sue for damages for breach of
contract. The rights and remedies of the non -defaulting party enumerated in this paragraph are
cumulative and shall not limit the non -defaulting party's rights under any other provision of this
Agreement, or otherwise waive or deny any right or remedy, at law or in equity, existing as of
the date of the Agreement or hereinafter enacted or established, that may be available to the non -
defaulting party against the defaulting party.
Section 6. Nonliability of Officials and Employees. No Agency member, City
Councilmember, and no official, agent, or employee of the Agency or the City shall be
personally liable to the other parties, or any successor in interest, in the event of any default or
breach by the Agency or the City, or for any amount which may become due to the City or
Agency, or successor thereto, or on any obligations under the terms of this Agreement.
Section 7. Law Governing. This Agreement is made in the State of California under
the constitution and laws of the State of California, and is to be so construed.
Section 8. Severability. Each and every provision of this Agreement is, and shall be
construed to be, a separate and independent covenant and agreement. If any term or provision of
this Agreement or the application thereof shall to any extent be held to be invalid or
unenforceable, the remainder of this Agreement, or the application of such term or provision to
circumstances other than those to which it is invalid or unenforceable, shall not be affected
hereby, and each term and provision of this Agreement shall be valid and shall be enforced to the
extent permitted by law.
Section 9. Entire Agreement, Waivers and Amendments. This Agreement, together
with all attachments and exhibits hereto, constitutes the entire understanding and agreement of
the parties. No person is authorized to make, and by execution hereof the City and the Agency
acknowledge that no person has made, any representation, warranty, guaranty or promise except
as set forth herein; and no agreement, statement, representation or promise made by any such
person which is not contained herein shall be valid or binding on the City or the Agency.
Section 10. Future Cooperation. The City and the Agency agree to take all
appropriate actions and execute and, if appropriate, record any documents which may reasonably
be necessary or convenient to implement the intent of this Agreement.
Section 11. Survival. The provisions hereof shall not terminate but rather shall
survive any conveyance hereunder.
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Section 12. Binding on Successors. The covenants established in this Agreement
shall, without regard to technical classification and designation, be binding on the parties hereto
and their successors and assigns.
Section 13. No Third Party Beneficiaries. This Agreement is made and entered into
for the sole protection and benefit of, and shall be binding upon, the parties and their respective
successors and assigns. No other person shall have any right of action based upon any provision
of this Agreement.
Section 14. Counterparts. This Agreement may be executed simultaneously in one or
more counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
CITY OF TEMPLE CITY TEMPLE CITY REDEVELOPMENT
AGENCY
By: By:
Fernando Vizcarra, Mayor Jose Pulido, Agency Executive Director
Attest: Attest:
Mary Flandrick, City Clerk Mary Flandrick, Secretary
Approved As To Form: Approved As To Form:
By: By:
Eric S. Vail, City Attorney Eric S. Vail, Agency General Counsel
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EXHIBIT A
PARCEL TO BE TRANSFERRED
(1) Assessor's Parcel Number ("APN") 5387-032-926, consisting of Lot 7 of Parcel Map
105, pages 86-88, in the City of Temple City, County of Los Angeles, State of California.
Exhibit A- 1
EXHIBIT B
FORM OF GRANT DEED
(attached hereto)
Exhibit B-1
12263-000III327617v3.doc
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Temple City
9701 Las Tunas Drive
Temple City, California 91780
Attention: City Manager
APN:
(SPACE ABOVE FOR RECORDERS USE ONLY)
[Exempt from recording fee per Gov. Code § 27383]
GRANT DEED
THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS:
The undersigned declares that this Grant Deed is exempt from Recording Fees pursuant
to California Government Code Section 27383 and exempt from Documentary Transfer Tax
pursuant to California Revenue and Taxation Code Section 11922.
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged the
REDEVELOPMENT AGENCY OF THE CITY OF TEMPLE CITY, a public body,
corporate and politic ("Grantor") hereby grants to CITY OF TEMPLE CITY, a municipal
corporation ("Grantee"), certain real property located in the County of Los Angeles, State of
California, more particularly described on Exhibit A attached hereto and incorporated herein by
reference ("Property").
1. The Property is conveyed subject to the Rosemead Boulevard Redevelopment
Project #1 Redevelopment Plan ("Redevelopment Plan"). The Property is also conveyed
subject to (a) general and special real property taxes and assessments and supplemental
assessments for the current fiscal year; (b) all liens, encumbrances, easements, covenants,
conditions and restrictions of record; and (c) all matters which would be revealed or disclosed in
an accurate survey of the property.
2. Grantee hereby covenants and agrees, for itself and its successors and assigns, that
Grantee shall maintain and use the Property in accordance with the uses and provisions of the
Redevelopment Plan.
3. Grantee herein covenants by and for itself and its successors and assigns that there
will 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 I2955 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 Govemment Code, in the sale, lease, sublease,
transfer, use, occupancy, tenure, or enjoyment of the Property herein conveyed, nor shall Grantee
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 Property herein conveyed. The foregoing covenants shall run with the land. Each
Exhibit B-2
and every deed, lease and contract entered into with respect to the Property 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 will 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 premises herein
conveyed. The foregoing covenants shall run with the land."
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."
c. In contracts: "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, nor shall the transferee 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, subtenants, sublessees or vendees
of the premises."
4. 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, deed of trust or other financing or security instrument recorded
against the Property, provided, however, that any successor of Grantee to the Property shall be
bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether
Exhibit B-3
such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or
otherwise.
5. Grantee's covenants contained in Section 2 of this Grant Deed shall remain in
effect until the termination date of the Redevelopment Plan.
6. The covenants against discrimination, as set forth in paragraph 3, shall remain in
effect in perpetuity.
7. Any amendments to the Redevelopment Plan that change the uses or development
permitted on the Property or change the restrictions or controls that apply to the Property or
otherwise affect the Property shall require the written consent of the Grantee. Amendments to
the Community Improvement Plan applying to other property in the Community Improvement
Project Area shall not require the consent of the Grantee or its successor in interest to the
Property.
IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be
executed on their behalf by their respective officers thereunto duly authorized as of the dates set
forth below.
REDEVELOPMENT AGENCY OF THE CITY OF TEMPLE CITY,
a public body, corporate and politic
Dated: , 2011 By:
Jose Pulido, Executive Director
[notary acknowledgement required)
ATTEST:
Mary Flandrick, Secretary
APPROVED AS TO FORM:
Eric S. Vail, General Counsel
Exhibit B-4
The provisions of this Grant Deed are hereby approved and accepted.
CITY OF TEMPLE CITY, a municipal corporation
of the State of California
Dated: , 2011 By:
Fernando Vizcarra, Mayor
[notary acknowledgement required]
ATTEST:
Mary Flandrick, Secretary
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
Exhibit B-5
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On , before me, a
notary public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s) or the entity upon behalf of which the person(s) 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,
Notary Public
SEAL:
STATE OF CALIFORNIA
) ss.
COUNTY OF LOS ANGELES
On , before me, , a
notary public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s) or the entity upon behalf of which the person(s) 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.
Notary Public
SEAL:
Exhibit B-6
Exhibit A
to Grant Deed
DESCRIPTION OF THE PROPERTY
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES, DESCRIBED AS FOLLOWS:
Assessor's Parcel Number ("APN") 5387-032-926, consisting of Lot 7 of Parcel Map 105, pages
86-88, in the City of Temple City, County of Los Angeles, State of California.
Exhibit B-7
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed to the City of Temple City by that
certain Grant Deed dated , 2011, executed by the Redevelopment Agency of the
City of Temple City is hereby accepted by the undersigned office on behalf of the City of
Temple City pursuant to the authority conferred by the City of Temple City at the City Council
meeting held on , 2011, and the grantee consents to recordation thereof by its duly
authorized officer.
Dated: , 2011
CITY OF
a municipal corporation
By:
Name: Jose Pulido
Title: City Manager
LA $/4823-991)2-1064 vI
Exhibit B-8
RESOLUTION NO. 11-4738
A RESOLUTION OF THE CITY OF TEMPLE CITY APPROVING A REAL PROPERTY
TRANSFER AND COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEMPLE CITY
AND THE REDEVELOPMENT AGENCY OF THE CITY OF TEMPLE CITY FOR CERTAIN
REAL PROPERTY OWNED BY THE REDEVELOPMENT AGENCY
WHEREAS, The City Council of the City ("City Council") has adopted a Redevelopment Plan
(the "Redevelopment Plan") for the Rosemead Boulevard Redevelopment Project #1 Project (the
"Project Area"");and
WHEREAS, pursuant to the California Community Redevelopment Law (California Health and
Safety Code Section 33000, et seq.) ("Redevelopment Law"), the Redevelopment Agency of the City of
Temple City ("Agency") is undertaking a program to redevelop the Project Area; and
WHEREAS, pursuant to Section 33430 of the Redevelopment Law, a redevelopment agency
may, within the survey area or for purposes of redevelopment, sell, transfer, assign or otherwise dispose
of any real or personal property or any interest in property; and
WHEREAS, the Agency owns the fee interest in the real property (the "Property") described in
Exhibit A of the Real Property Transfer and Cooperative Agreement attached hereto as Exhibit 1 and
incorporated herein by reference (the "Agreement"); and
WHEREAS, pursuant to Section 33205 of the Redevelopment Law, a redevelopment agency is
authorized to delegate to a community any of the powers or functions of the agency with respect to the
planning or undertaking of a redevelopment project in the area in which such community is authorized to
act, and such community is authorized to carry out or perform such powers or functions for the
redevelopment agency; and
WHEREAS, pursuant to Section 33220(g) of the Redevelopment Law, any public entity, for the
purpose of aiding and co-operating in the planning, undertaking, construction, or operation of
redevelopment projects located within the area in which such public entity is authorized to act, may, with
or without consideration, acquire land in a project area from a redevelopment agency for redevelopment
in accordance with the redevelopment plan for such project area; and
WHEREAS, pursuant to Section 33220(e) of the Redevelopment Law, a redevelopment agency
may enter into agreements with any public entity respecting any action to be taken pursuant to any of the
powers granted by the Redevelopment Law or any other law (and such agreement may extend over any
period, notwithstanding any law to the contrary); and
WHEREAS, the City of Temple City ("City") desires to aid, and cooperate with, the Agency in the
planning, undertaking, construction and operation of redevelopment projects, and in that regard the
Agency has determined to convey the Properties to the City and to delegate to the City the powers and
functions of the Agency with respect to the planning and undertaking of redevelopment projects in
accordance with the Redevelopment Plans, and the City has determined to accept the conveyance of the
Properties and the Agency's delegation of its powers and functions and in that regard, the Agency and
City wish to enter into the Agreement; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The City Council hereby finds that it can be seen with certainty that there is no
possibility that the approval of the Agreement may have a significant effect on the environment. The
approval of the Agreement does not authorize construction and will not result in a direct or indirect
physical change in the environment. The Agreement provides that prior to commencement of work on any
-1-
redevelopment project, all necessary review required by the California Environmental Quality Act
("CEQA") shall be completed. The adoption of this Resolution and approval of the Agreement is therefore
exempt from the environmental review requirements of CEQA pursuant to Section 15061(b) (3) of Title 14
of the California Code of Regulations. Staff is hereby directed to file a Notice of Exemption with the
County Clerk within five days of the adoption of this Resolution pursuant to Section 15062 of Title 14 of
the California Code of Regulations.
Section 2. The City Council hereby approves the Agreement in the form attached hereto as
Exhibit 1 and hereby authorizes and directs the City Manager, the Mayor, or any other officer of the City
designated by them in writing (each, an "Authorized Officer"), acting singly, to execute and deliver the
Agreement in substantially said form with such changes therein as the Authorized Officer executing the
same may approve (such approval to be conclusively evidenced by the execution and delivery thereof).
Section 3. The Authorized Officers of the City are herby authorized and directed to do any
and all things and to execute and deliver, and if appropriate, record, any and all documents which they
may deem necessary or advisable in order to effectuate the purposes of this Resolution, and any such
actions previously taken by such officers are hereby ratified and confirmed.
APPROVED AND ADOPTED this 15th day of March, 2011, by the following vote:
AYES: Member -Blum, Sternquist, Yu, Chavez
NOES: Member -None
ABSENT: Member-Vizcarra
ABSTAIN: Member -None
Mayor Pro Tem
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
-2-
LA #4814-3072-6664 v1
Exhibit 1
Real Property Transfer and Cooperative Agreement
(attached hereto)
Exhibit 1
12283-0001\1327799v 1.doc
RESOLUTION NO. CRA11-1018
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMPLE CITY
APPROVING A REAL PROPERTY TRANSFER AND COOPERATIVE AGREEMENT
BETWEEN THE CITY OF TEMPLE CITY AND THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMPLE CITY FOR CERTAIN REAL PROPERTY OWNED BY THE
REDEVELOPMENT AGENCY
WHEREAS, The City Council of the City ("City Council") has adopted a Redevelopment Plan
(the "Redevelopment Plan") for the Rosemead Boulevard Redevelopment Project #1 Project (the
"Project Area"");and
WHEREAS, pursuant to the California Community Redevelopment Law (California Health and
Safety Code Section 33000, et seq.) ("Redevelopment Law"), the Redevelopment Agency of the City of
Temple City ("Agency") is undertaking a program to redevelop the Project Area; and
WHEREAS, pursuant to Section 33430 of the Redevelopment Law, a redevelopment agency
may, within the survey area or for purposes of redevelopment, sell, transfer, assign or otherwise dispose
of any real or personal property or any interest in property; and
WHEREAS, the Agency owns the fee interest in the real property (the "Property") described in
Exhibit A of the Real Property Transfer and Cooperative Agreement attached hereto as Exhibit 1 and
incorporated herein by reference (the "Agreement"), and
WHEREAS, pursuant to Section 33205 of the Redevelopment Law, a redevelopment agency is
authorized to delegate to a community any of the powers or functions of the agency with respect to the
planning or undertaking of a redevelopment project in the area in which such community is authorized to
act, and such community is authorized to carry out or perform such powers or functions for the
redevelopment agency; and
WHEREAS, pursuant to Section 33220(g) of the Redevelopment Law, any public entity, for the
purpose of aiding and co-operating in the planning, undertaking, construction, or operation of
redevelopment projects located within the area in which such public entity is authorized to act, may, with
or without consideration, acquire land in a project area from a redevelopment agency for redevelopment
in accordance with the redevelopment plan for such project area; and
WHEREAS, pursuant to Section 33220(e) of the Redevelopment Law, a redevelopment agency
may enter into agreements with any public entity respecting any action to be taken pursuant to any of the
powers granted by the Redevelopment Law or any other law (and such agreement may extend over any
period, notwithstanding any law to the contrary); and
WHEREAS, the City of Temple City ("City") desires to aid, and cooperate with, the Agency in the
planning, undertaking, construction and operation of redevelopment projects, and in that regard the
Agency has determined to convey the Properties to the City and to delegate to the City the powers and
functions of the Agency with respect to the planning and undertaking of redevelopment projects in
accordance with the Redevelopment Plans, and the City has determined to accept the conveyance of the
Properties and the Agency's delegation of its powers and functions and in that regard, the Agency and
City wish to enter into the Agreement; and
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF TEMPLE CITY
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Agency hereby finds that it can be seen with certainty that there is no
possibility that the approval of the Agreement may have a significant effect on the environment. The
approval of the Agreement does not authorize construction and will not result in a direct or indirect
-1-
physical change in the environment. The Agreement provides that prior to commencement of work on any
redevelopment project, all necessary review required by the California Environmental Quality Act
("CEQA") shall be completed. The adoption of this Resolution and approval of the Agreement is therefore
exempt from the environmental review requirements of CEQA pursuant to Section 15061(b) (3) of Title 14
of the California Code of Regulations. Staff is hereby directed to file a Notice of Exemption with the
County Clerk within five days of the adoption of this Resolution pursuant to Section 15062 of Title 14 of
the California Code of Regulations.
Section 2. The Agency hereby approves the Agreement in the form attached hereto as
Exhibit 1 and authorizes and directs the Executive Director, the Chair of the Agency, or any other officer
of the Agency designated by them in writing (each, an "Authorized Officer"), acting singly, to execute
and deliver the Agreement in substantially said form with such changes therein as the Authorized Officer
executing the same may approve (such approval to be conclusively evidenced by the execution and
delivery thereof).
Section 3. The Authorized Officers of the Agency are herby authorized and directed to do
any and all things and to execute and deliver, and if appropriate, record, any and all documents which
they may deem necessary or advisable in order to effectuate the purposes of this Resolution, and any
such actions previously taken by such officers are hereby ratified and confirmed.
APPROVED AND ADOPTED this 15th day of March, 2011, by the following vote:
AYES: Member -Blum, Sternquist, Yu, Chavez
NOES: Member -None
ABSENT: Member-Vizcarra
ABSTAIN: Member -None
Vice -Chair
ATTEST -
Agency Secretary
APPROVED AS TO FORM:
Agency General Counsel
-2-
Exhibit 1
Real Property Transfer and Cooperative Agreement
(attached hereto)
LA #4852-3935-1304 v1
Exhibit 1
12283-0001! I327796v I . doc