HomeMy Public PortalAbout92-14 LRA
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LRA RESOLIITION 92- 14
A RESGLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY
OF THE CITY OF LYNWOOD RECOMMENDING APPROVAL OF THE
2ND IMPLEMENTATION AGREEMENT TO THE PARTICIPATION
AGREEMENT BETWEEN JAMES J. OH AND THE LYNWOOD
REDEVELOPMENT AGENCY AND AUTHORIZING THE MAYOR TO EXECUTE
THE AGREEMENT AND INSTRUCTING THE EXECUTIVE DIRECTOR TO
TAKE ALL ACTION NECESSARY TO CARRY IT OUT.
WHEREAS, the Redevelopment Plan for the Redevelopment Project
Area "A" (the Redevelopment Plan") was adopted and approved on July
3, 1978 by Ordinance No. 945; subsequently amended December 27,
1978 by Ordinance No. 960; on August 19, 1975 by Ordinance No. 990;
on June 1, 1976 by Ordinance No 1111 and on July 5, 1988 by
Ordinance No. 88-1308 by the City Council of the City of Lynwood,
and all requirements of law for the adoption and approval of said
Redevelopment Plan have been duly complied with; and
WHEREAS, the Lynwood Redevelopment Agency (the "Agency") i5
engaged in activities necessary to execute and implement the
Redevelopment Plan and in order to do so the Agency proposed to
enter into the Second Implementation Agreement to the Owner
Participation Agreement between the Agency and the Participant (the
"OPA") contains all the provisions, terms conditions and
obligations required by state law and local law; and
WHEREAS, the Agency has found and determined, on the basis of
an initial study, that the actions proposed in the OPA and Second
Implementation Agreement, will have no significant effect upon the
environment, except for those identified and considered in the
Environmental Impact Report prepared for Redevelopment Project Area
A and that no subsequent environmental impact report or supplement
to environmental impact report is necessary or required; and
WHEREAS, the Participant possesses the qualifications
necessary to acquire and assure development of the property
proposed to be conveyed in accordance with the purposes and
objectives of the Redevelopment Plan; and
WHEREAS, pursuant to the provisions of the California
Redevelopment Law, the Agency held a duly noticed public hearing on
the proposed conveyance of the property and the OPA and Second
Implementation Agreement, at which time all persons were given an
opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the Lynwood Redevelopment Agency,
as follows:
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SECTION 1. The Agency has considered all terms and conditions
of the proposed OPA and Second Implementation Agreement, and
determines that the redevelopment of the Site pursuant to the
proposed OPA and Second Implementation Agreement is in the best
interests of the health, safety, morals and welfare of its
residents, and in accord with the public purposes and provisions of
applicable State and local law.
SECTION 2. The Agency has received and heard all oral and
written objections to the proposed Agreement and to the actions
connected therewith, and that all such oral and written objections
are hereby overruled.
SECTION 3. The conveyance of certain real property described
in the OPA and Second Implementation Agreement by the Agency to
Participatant and the OPA and Second Implementation Agreement which
establishes the terms and conditions for the Agency's involvement
are hereby approved.
SECTION 4. Subject to the City Council approval, the Chairman
of the Agency is hereby authorized to execute the proposed OPA.
SECTION 5. The Executive Director of the Agency (or his
designee), is hereby authorized, on behalf of the Agency, to sign
all documents necessary and appropriate to carry out and implement
the OPA and Second Implementation Agreement, and to administer the
Agency's obligations, responsibilities and duties to be performed
under the Agreement.
APPROVED AND ADOPTED by the members of the Lynwood
Redevelopment Agency this 4th day of J e, 1 2.
o is J. erne
Chairpe on
T EST:
t/1;
ANDREA L. HOOPER
Secretarv
TO FORM:
~fy Barbosa
ncy Special Counsel
APPROVED AS TO CONTENT:
Sol Blume~fel°d, Acting
Community Devel ment Dept.
/.
l,f etta Earnest
Director of Finance
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STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES j
I, the undersigned, Secretary of the Lynwood
Redevelopment Agency, do hereby certify that the above and
foregoing resolution was duly adopted by the said Agency at
a regular meeting thereof Yield in the City A
of the City of Lynwood on the 4th day of JUNE ,
19 92, and passed by the following vote: ~
AYES : BYRD, REA, RICHARDS, HEINE
NOES : NONE
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ABSENT: WELLS ~~•C~fJ
Secretary
Lynwood Redevelopment Agency
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
I, the undersigned, Secretary of the Lynwood
Redevelopment Agency, do hereby certify that the above and
foregoing is a full, true-and correct copy of Resolution No.
I,gA 92-14 on file in my office and that said resolution
was adopted on the date and by the vote therein stated.
DATED this 4th day of June ~ ' 9 92 .
s
a
Secretary
Lynwood Redevelopment Agency
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SECOND IMPLEMENTATION AGREEMENT
TO THE~PARTICIPATION AGREEMENT BY AND BETWEEN
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THE LYNWOOD REDEVELOPMENT AGENCY AND JAMES J. OF(
THIS SECOND IMPLEMENTATION AGREEMENT to the Participation
Agreement ("Second Implementation Agreement") is entered into on
June _, 1992, by and between THE LYNWOOD REDEVELOPMENT AGENCY
("Agency") and JAMES J. OH ("Participant").
WHEREAS, the Agency and the Participant entered into that
certain Participation Agreement, dated May 1G, 1990
("Participation Agreement"), providing for, among other things,
the acquisition and disposition of certain real property
described in the Participation Agreement as the "Site" and the
development and operation on the Site of a neighborhood shopping
center, including a modern warehouse-type supermarket
("Participant Improvements");
WHEREAS, the Agency and the Participant entered into the
First Implementation Agreement to the Participation Agreement
("First Implementation Agreement"), dated December J1, 1990,
which amended the Schedule of Performance and the Scope of
Development;
WHEREAS, the parties again desire to make certain
modifications and amendments to the Participation Agreement, as
amended, so as to implement and carryout the purposes of the
Participation Agreement.
;~,, NOW, THEREFORE, the parties hereby agree as follows:
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I. FORM OF AGREEMENT
This Second Implementation Agreement is executed in six (6)
duplicate originals, each of which is deemed to be an original,
consisting of eleven (11) pages and two (2) exhibits.
II. AMENDED SCHEDULE OF PERFORMANCE
The parties agree that the Schedule of Performance
(Attachment No. 3 to the Participation Agreement, as previously
amended by the First Implementation Agreement) is hereby amended.
It shall be replaced in its entirety by the Schedule of
Performance which is attached to this Second Implementation
Agreement as Exhibit A.
III. AMENDED SCOPE OF DEVELOPMENT
The parties agree that the Scope of Development (Attachment
No. 5 to the Participation Agreement, as previously amended by
the First Implementation Agreement) is hereby amended. It shall
be replaced in its entirety by the Scope of Development which is
attached to this Second Implementation Agreement as Exhibit II.
IV. SECTION 213
Section 213 of the Participation Agreement shall be amended
by inserting "shall be paid by the Participant" following the
phrase "recordation of the Grant Deed" and before the period
ending the sentence.
V. SECTION 516
The Participation Agreement shall be amended to add Section
516 as follows:
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F. (§ 516J Conditions to Aaency Relinquishment of Right
of Reentry and Repurchase and Benefits of
Deed of Trust and Assignment of Rents
1. Within the time set forth in the Schedule of
Performance (Attachment No. 3 to the Participation Agreement),
Participant shall:
a. Provide a current detailed line-item development
budget ("Development Budget") for the Participant
Improvements, and fixed price construction contract for the
Participant Improvements to the Agency for review and
approval. The Development Budget shall contain the
following budget categories: acquisition costs, construction.
costs, architectural and consulting fees, financing and
interest charges, and administrative and general expenses.
b. Submit to the Agency current evidence reasonably
satisfactory to the Agency that the Participant has obtained
sufficient equity capital and commitments for the financing
necessary for the development of the Site in accordance with
the Participation Agreement ("Evidence of Financing"). The
Evidence of Financing shall satisfy the requirements set
forth in Section 216 of the Participation Agreement.
c. Provide a corporate surety bond, approved as to
form, content and company by the Agency, with Participant's
contractor or contractors as principal, in a penal sum not
less than one hundred (100) percent of the amount of the
contract or contracts for completion of the Participant.
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Improvements, guara,,.~ i.ng completion and payment of wages
for services engaged and bills contracted for materials,
supplies and equipment used in the performance of said work.
d. Establish a construction account ("Construction
Account") upon such conditions and with a bank approved by
the Agency. The Construction Account shall contain funds of
not less than one hundred (100) percent of the amount of
the contract or contracts for completion of the Participant
Improvements. Disbursement of funds from the Construction
Account shall require the joint signatures of the Agency and
Participant. These funds shall be disbursed solely for the
purpose of development of the Participant Improvements
pursuant to the provisions of the Participation Agreement,
as amended, and all plans, drawings and related documents
approved by the Agency.
Participant or his contractors shall submit payment
requests, with supporting documentation, to the Agency no
more often than monthly, requesting disbursements. The
Agency Administrator or designee shall approve disbursement
requests if the expenditure is within the Development Budget
for such item, and the supporting documentation is
satisfactory to the Agency.
e. Obtain an irrevocable letter of credit in the
amount of $100,000, which shall be in a form approved ire
writing by the Agency as being satisfactory and which shall
be issued by a financial institution acceptable to the
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Agency (':Irrevocable Letter of Credit"). The Irrevocable
Letter of Credit shall be renewed annually until
construction of the Participant Improvements is completed.
The Irrevocable Letter of Credit shall contain the follow
provisions:
(1) The Irrevocable Letter of Credit shall allow
the Agency, by its Executive Director, to draw down
$20,000 per month as liquidated damages for each month
in which Participant shall fail to commence
construction of the Participant Improvements
contemplated by this Agreement within the time set
forth in the Schedule of Performance (Attachment No.
3), shall fail to prosecute diligently to completion
the construction of the Participant Improvements
contemplated by this Agreement, and/or shall fail to
complete construction of the Participant Improvements
contemplated by this Agreement within ttie time set
forth in the Schedule of Performance (Attachment No.
3) .
(2) The Irrevocable Letter of Credit 'shall be
renewed or a new Irrevocable Letter of Credit delivered
to the Agency at ,least thirty (~0) days prior to its
expiration or the Agency shall have the right to draw
on the .Irrevocable Letter of Credit and hold and use
the cash for the purposes specified therein.
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2. The,Agency shall approve or disapprove the submissions
made by Participant pursuant to Section 516(1) within the time
set forth in the~Schedule of Performance (Attachment No. 3).
Such approval shall not be unreasonably withheld.
3. Upon the Participant's completion of the conditions set
forth in Section 516(1) to the satisfaction of the Agency, and
within the time set forth in the Schedule of Performance
(Attachment No. 3), the Agency shall:
a. Record a document releasing the provisions of
Section 8 of the Grant Deed dated December 31, 1990, and
recorded as document number 90-2145406, on December 31, 1990
in the Office of the County Recorder of Los Angeles County,
California.
b. Reconvey to Participant the Deed of Trust and
Assignment of Rents, between the Agency, Participant and
Chicago Title Company, dated December 31, 1991, and recorded
as document number 90-2145406, on December 31, 1990 in the
Office of the County Recorder of Los Angeles County,
California.
4. Upon the Participant's completion of the conditions set
forth in Section 516(1) to the satisfaction of the Agency, the
provisions of Sections 514 and 515 of the Participation Agreement
shall be of no further force or effect. However, if the
Participant fails to complete the conditions set forth in Section
516(1) to the satisfaction of the Agency, within the time set
forth in the Schedule of Performance, the provisions of Sections
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514 and 515 of the Participation Agreement shall remain in full
force and effect.
VI. SECTION 517-
The Participation Agreement shall be amended to add Section
517 as follows:
G. [§ 517] Liquidated Damages for Failure to Timely
Commence Construction, Diligently Prosecute
Construction and/or Complete Construction of
the Participant Improvements
Anything to the contrary in this Agreement not withstanding,
the Agency and the Participant agree as follows:
1. In the event that the Participant shall fail to
commence construction of the Participant Improvements
contemplated by this Agreement within the time set forth in the
Schedule of Performance (Attachment No. 3), shall fail to
prosecute diligently to completion the construction of the
Participant Improvements contemplated by this Agreement, and/or
shall fail to complete construction of the Participant
Improvements contemplated by this Agreement within the time set
forth in the Schedule of Performance (Attachment No. 3), and the
Agency elects not to terminate this Agreement, the Agency would
sustain damages. It would be impracticable or extremely
difficult to fix actual damages in the event of such a default by
the Participant. Such damages would be likely to include failure
on the part of the Agency to receive-its portion of the property
taxes which would result from the completion of the Participant
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Improvements pursuant to Health and Safety Code Section 33670,
the diminished ability of the Agency to aid redevelopment as the
result of the failure of the Agency to receive sales tax from the
Participant Improvements and their operation, the failure of the
completed Participant Improvements to generate incentive for
further development in the Project Area, and the continuation of
blighted conditions on the Site.
2. Proving causation and foreseeability of such damages in
the event of such a breach would be extremely difficult.
3. Each party hereto is represented by counsel.
4. In the event that the Participant shall fail to
commence construction of the Participant Improvements
contemplated by this Agreement within the time set .forth in the
Schedule of Performance (Attachment No. 3), shall fail to
prosecute diligently to completion the construction of the
Participant Improvements contemplated by this Agreement, and/or
shall fail to complete construction of the Participant
Improvements contemplated by this Agreement within the time set
forth in the Schedule of Performance (Attachment No. 3), the
Agency shall be permitted to draw on the Irrevocable Letter of
Credit at the rate of $20,000 per month, for each month's delay
of any of the above-enumerated events, as liquidated damages and
not as a penalty, a total amount not to exceed $100,000. The
parties agree the amount of liquidated damages established by
this Section 517 is reasonable. In the event that Participant is
unable to timely perform the obligations set forth in this
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Section 517(41 due to riot, injunction, or inability to obtain a
liquor license for the supermarket to be developed pursuant to
the Scope of Development (Attachment No. 5), he shall be entitled
to an extension of time pursuant to the provisions of Section 604
of the Participation Agreement for the period of the enforced
delay. The extension period shall commence running from the time
of the commencement of the cause, if notice by Participant is
sent to the Agency within thirty (30) days of Participant's
knowledge of the cause. The Agency shall not drawn on the letter
of credit during the period of enforced delay if notice is given
by Participant as required by Section 604.
5. In the event that this Section 517 should be held
unenforceable by a court of competent jurisdiction, in the event
that the Participant shall fail to commence construction of the
Participant Improvements contemplated by this Agreement within
the time set forth in the Schedule of Performance (Attachment No.
3), shall fail to prosecute diligently to completion the
construction of the Participant Improvements contemplated by this
Agreement, and/or shall fail to complete construction of the
Participant Improvements contemplated by this Agreement within
the time set forth in the Schedule of Performance (Attachment No.
3), the Agency shall be entitled to any and all damages to which
it is otherwise entitled pursuant to law and/or equity.
6. The remedy provided in this Section 517 is not
exclusive of remedies other than damages, but is in lieu of any
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other damage remedy which would have been applicable to the
defaults described in Section 517(1).
Participant's Initials
Agency's Initials
Upon the Participant's completion of the conditions -set
forth in Section 516(1) to the satisfaction of the Agency, the
provisions of Sections 514 and 515 of the Participation Agreement
shall be of no further force or effect and this Section 517 shall
become effective. However, if the Participant fails to complete
the conditions set forth in Section 516(1) to the satisfaction of
the Agency within the time set forth in the Schedule of
Performance, the provisions of Sections 514 and 515 of the
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Participation.Agreement shall remain in full force and effect and
this Section 517 shall not become effective.
DATED: June _, 1992
Director
ATTEST:
By:
Secretary
APPROVED AS TO FORM:
KANE, BALLMER & BERKMAN
Agency Special Counsel
Bv•
TFiE LYNWOOD REDEVELOPMENT AGENCY
("Agency")
By
Faustin Gonzales
Interim Executive
Murray O. Kane
DATED: June _, 1992
JAMES J. OH ("Participant")
By:
James J. Oh
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ATTACHMENT NO. 3
SCHEDULE OF PERFORMANCE
I, GENERAL PROVISIONS
1, Submission of Option COMPLETED
Consideration to the A etion
Participant submits the Op
Consideration.
2, Submission of Letter of Credit
!Participant's Advance! to
A enc The Participant shall
deliver to the Agency a Letter
of Credit (Participant's
Advance) in the amount of the
Acquisition Costs as estimated
by the Agency.
3, Execution of Aareement ro
A enc The Agency may app
and execute this Agreement, and
if approved, shall deliver one
(1) copy thereof to the
Participant.
4, Submittal of Desian Concept
Drawin s and Consultant
Qualifications. Participant
shall prepare and submit to the
Agency the Design Concept
Drawings and the names and
qualifications of his architect,
landscape architect and civil
engineer, as well as any
additional information required
by Section 304 of this
Agreement.
5, A encY Review of Desian Concept
Drawings. Agency approves or
disapproves the Design Concept
Drawings.
COMPLETED
COMPLETED
COMPLETED
COMPLETED
Paqe 1 of 9
E;chibit A
6. Agency Right to Make Draws Under COMPLETED
the Letter of Credit. The
Agency shall draw upon the
Letter of Credit to pay
Acquisition~Costs as they are
incurred.
7. Submission of Revised Design
Concept Drawings. If original
submittal or resubmittal is
disapproved, Participant shall
revise Design Concept Drawings
and resubmit to Agency.
8. Submission of Hiring Plan.
Participant shall submit Hiring
Plan required by Section 702 of
the Agreement.
9. Agency Review of Hiring Plan.
Agency approves or disapproves
Hiring Plan.
10. Submission of Revised Hiring
Plan. If original submittal or
resubmittal disapproved,
Participant revises disapproved
plans and resubmits to Agency.
II. SITE ACQUISITION
11. Commencement of Efforts to
Acquire the Site by Aaencv. The
Agency shall make offers to
purchase the Site and negotiate
for acquisition of the Site.
12. Commence and Prosecute the
Acquisition of the Site. The
Agency may draw down the Letter
of Credit for deposits into
escrow for negotiated purchases
or into court for order of
prejudgment possession and for
payment of other Agency Costs.
COMPLETED
Within thirty (~0) days
prior to commencement of
construction but not later
than June 15, 1992.
Within thirty (~0) days
after receipt by the
Agency.
If original submittal or
resubmittal is disapproved,
Participant shall promptly
revise disapproved plans
and resubmit to Agency.
COMPLETED
COMPLETED
13. Completion of Acquisition of the COMPLETED
Site. The Agency shall complete
the acquisition of the Site or _.
obtain an order of prejudgment
possession for the Site.
Page 2 of
Exhibit A
14. Opening of Escrow. The Agency COMPLETED
shall open an escrow for
conveyance of the Site by the
Agency to the Participant and
deposit the ,G rant Deed or other
acceptable instrument
transferring the Site.
15. Conveyance of Title or COMPLETED
Possession to the Site. The
Agency shall convey title or
possession of the Site to the
Participant, and Participant
shall accept such conveyance of
the Site.
16. Completion of Conveyance of COMPLETED
Title. With respect to the
Site, if the Agency initially
acquires an order of prejudgment
possession, the Agency shall
prosecute the eminent domain
action with reasonable
diligence.
17. Complete Payment of the COMPLETED
Acquisition Costs. The
Participant shall pay to the
Agency any Acquisition Costs
which are to be paid prior to
close of escrow.
18. Close of Escrow. Close of COMPLETED
Escrow with respect to the Site.
Page 3 of
Exhibit A
IIZ. CONSTRUCTION DOCUMENTS AND E3UILDING PERMIT
19. Submission of Preliminary COMPLETED
Construction Drawings and the
Preliminary, Sign Program and
Preliminary Finish Grading Plan.
Participant shall submit to the
Agency Construction Drawings,
Landscape Plans and related
documents for development of the
Site ("Preliminary Construction
Drawings") and the Preliminary
Sign Program and Preliminary
Finish Grading Plan for
architectural review and Agency
approval or disapproval as
required by Sections 305 and 306
of the Agreement.
20. Agency Review of Preliminary COMPLETED
Construction Drawings, the
Preliminary Sign Program and
Preliminary Grading Plan. The
Agency shall approve or
disapprove the Preliminary
Construction Drawings,
Preliminary Sign Program and
Preliminary Finish Grading Plan.
21. Submission of Revised COMPLETED
Preliminary Construction
Drawings, the Preliminary Sign
Program and Preliminary Grading
Plan. If original submittal or
resubmittal is ,disapproved,
Participant shall revise the
Preliminary Construction
Drawings, Preliminary Sign
Program and/or Preliminary
Finish Grading Plan and resubmit
to the Agency.
Page 4 of 9
Er.hibit A
22. Submission of Final Construction COMPLETED
Drawin s the Final Sign Program
and Final Finish Grading Plan.
Participant shall submit to the
Agency Final Construction
Drawings, Final Landscape Plans
and related documents for
development of the Site ("Final
Construction Drawings") and the
Final Sign Program and Final
Finish Grading Plan for
architectural review and Agency
approval or disapproval as
required by Sections 305 and 30G
of the Agreement.
23. Agency Review of Final COMPLETED
Construction Drawings, the Final
Sign Program and Final Grading
Plan. The Agency shall approve
or disapprove the Final
Construction Drawings, Final
Sign Program and Final Finish
Grading Plan.
24. Submission of Revised Final COMPLETED
Construction Drawings, the Final
Sign Program and Final Grading
Plan. If original submittal or
resubmittal is disapproved,
Participant shall revise the
Final Construction Drawings,
Final Sign Program and/or Final
Finish Grading Plan and resubmit
to the Agency.
25. Final Review of Complete COMPLETED
Drawings. The Agency shall
approve the revisions submitted
by the Participant provided that
the revision s necessary to
accommodate the Agency's
commences have been made.
Page 5 of 9
Exhibi t A
26. Obtaining Any ._. '-~ 7uired Zone
Changes Varlan~~:s or _',~nd Use
Appr_„_ o_ va is • `1'he Pia: ': icipant
shall obtain any and all zone
changes, variances or land use
approvals required for the
development of the Site in
accordance with the Agreement.
27. Obtaining of Building Permits.
Participant shall obtain all
building and other permits
required by Section 313 of the
Agreement needed to commence
construction of the Participant
Improvements. Agency ~sha11
provide appropriate assistance
to Participant as requested from
time to time in dealing with all
City agencies.
COMPLETED
Not later than the time for
c o m m e n c e m e n t o f
construction.
28. Soils Condition. Participant COMPLETED
shall inspect the condition of
the Site for soil conditions and
provide a report to Agency of
such condition.
29. Submission - Evidence of
Financing. Participant shall
submit to Agency evidence of
financing for the Participant's
Improvements as required by
Sections 216 and 516(1) of the
Agreement.
30. Approval - Evidence of
Financing. Agency shall approve
or disapprove evidence of
financing.
Not later than June 15,
1992.
Within two (2) weeks after
receipt by the Agency.
Page 6 ot~ 9
Exhibit A
31. Submission of Development
Budget, Corporate Surety Bond,
Establishment of Construction
Account, Provision of
Irrevocable•Letter of Credit.
Participant shall submit to
Agency the Development Budget,
Corporate Surety Bond, Establish
the Construction Account and
Provide the Irrevocable Letter
of Credit, pursuant to Section
516(1) of the Agreement.
32. Approval of Submissions Rec
by Section 516(1) of
Acreement. The Agency
approve or disapprove
submissions required by S.
516(1) of the Agreement.
Prior to the commencement
of construction of each
phase and no later than
June 15, 1992.
luired Within two (2) weeks after
the receipt by the Agency.
shall
the
action
33. Agency Release of Section 8 of
the Grant Deed and Reconveyance
of the Deed of Trust and
Assignment of Rents. The Agency
shall provide for recording a
document releasing Section 8 of
the Grant Deed and reconveying
the Deed of Trust and Assignment
of Rents pursuant to Section
516(3) of the Agreement.
34. Participant Obtains Title
Insurance. The title insurance
satisfying the requirements of
Section 212 of the Agreement is
obtained by the Participant.
IV. DEMOLITION AND CONSTRUCTION PHASE
35. Demolition and Rough Grading.
The Developer shall demolish,
clear and rough grade the Site.
Within one (1) week after
Agency approval of the
submissions required by
Section 516(1) of the
Agreement.
Prior to the commencement
of construction.
No later than June 15,
1992. The demolition and
grading of that portion of
the Site underlying the
existing supermarket
structure shall be
completed no later than
September 1, 1993.
Page 7 of 9
Exhibit A
36. Provision of Certificate of
Insurance to the Agency.
Submission of Certificate of
Insurance as required by Section
310 of the Agreement.
37. Submission of Construction
Management Team, General
Contractor and Recruiting Plan.
Participant shall submit
information concerning the
Construction Management Team and
General Contractor as required
by Section 303 of the Agreement
and the Recruiting Plan required
by Section 311 of the Agreement.
38. Approval - Construction
Management Team, General
Contractor and Recruiting Plan.
Agency shall approve or
disapprove the Construction
Management Team, General
Contractor and Recruiting Plan.
39. Commencement of Construction.
Participant shall commence
construction of the Participant
Improvements.
40. Completion of Construction and
Commencement of Operations.
Participant shall complete
construction of all of the
Participant Improvements and
commence operations of all
improvements of which he has
-control.
Within thirty (30) days
prior to commencement of
demolition and rough
grading for each phase.
No later than thirty (30)
days prior to commencement
of construction.
Within thirty (30) days
after receipt by the
Agency.
Not later than June 15,
1992.
Not later than September 1,
1993.
Paae 8 of 9
Exhibit A
41. Submission __~f Property
Management Team and Property
Management Program. Participant
shall submit information
concerninq~ the Property
Management Team (including
maintenance entity and leasing
agent) as required by Section
303 of the Agreement and the
Property Management Program, as
required by Section 402 of the
Agreement, to the Agency for
approval or disapproval.
42. Aaency Review of Property
Management Team and Property
Management Plan. Agency
approves or disapproves the
Property Management Team and
Property Management Plan.
Within three (3) months
after commencement of
construction.
within thirty (30) days
after receipt by the
Agency.
43. Submission of Tenant Selection Within three (3) months
Criteria. The Participant shall after the commencement of
submit the Tenant Selection construction for each
Criteria to the Agency for phase.
approval pursuant to Section 701
of the Agreement.
44. Agency Review of Tenant
Selection Criteria. The Agency
approves or disapprovers the
Tenant Selection Criteria.
45. Submission to City Planning
Department and Agency--
Preliminary Subdivision
Redevelopment) Map for the
Site. Participant shall submit
to the City Planning Department
and Agency staff a Preliminary
Parcel Map for the Site.
46. Issuance c
Completion.
deliver to
Certificate
pursuant to
Agreement.
.f Certificate of
The Agency shall
the Participant a
of Completion
Section 325 of the
Within thirty (30) days
after receipt by the
Agency.
Prior to the commencement
of construction.
The Agency shall accept or
reject the request, within
thirty (30) days after
r e c e i p t o f t h e
Participant's request for a
Certificate of Completion,
but not prior to Agency
approval of the Property
Management Plan.
Page y of 9
Exhibit A
ATTACHMENT NO. 5
SCOPE OF DEVELOPMENT
I. GENERAL DESCRIPTION
The Site is specifically delineated on the Site Map
(Attachment No. 1) and the Legal Description (Attachment No. 2)
pursuant to Section 104 of this Agreement. The Site consists of
approximately 5.76 acres. The location of the Site will be a
positive aspect for redevelopment in Lynwood Redevelopment Project
Area "A" because it will serve as an entry to the Civic Center Area
and stimulate development of surrounding properties.
The development of the Site as a neighborhood shopping center
will proceed in one phase, which will involve the development of
the northern portion of the Site which is currently used as parking
with a modern warehouse-type supermarket of approximately 67,000
square feet, approximately 12,000 square feet of retail stores and
approximately 13,000 square feet of second-story office space. The
supermarket shall be approximately 36 feet high. Once the.
Participant has relocated Frontier Food warehouse, which currently
is operated in the existing market building, located at the
southern portion of the Site, he will demolish the existing
outmoded food grocery market, level that portion of the Site upon
which the existing market is located, and develop it with surface
parking and landscaping.
II. DEVELOPMENT OBJECTIVES
The development objectives are:
- To encourage a thriving neighborhood shopping center
which will provide an attractive entry to the Civic
Center Area and spur redevelopment of surrounding
properties.
- To provide an efficient, safe, and well-maintained
neighborhood shopping center.
- To create and achieve a pleasant neighborhood shopping
center reflecting a high level of concern for
architectural and urban design principles and modern
practices.
- To provide for adequate off-street parking and off-street
loading which are landscaped and screened from public
~trcets. •"
Page 1 of 7
Exhibit B
- To provide training and employment opportunities for
Lynwood residents.
III. DEVELOPMENT STANDARDS
A. The Participant shall demolish the existing structure and
construct a neighborhood shopping center consisting of commercial
retail uses such as a warehouse-type supermarket, family restaurant
and retail stores and related parking. The development shall be
consistent with the Participant's response to the Agency's Request
for Proposals (Concept A) incorporated herein by this reference,
and harmonious with Participant's development on the Adjacent Site.
e. All uses on the Site may be "Allowable Uses", and no uses
shall be "Prohibited Uses" as set forth in paragraph VI of this
Scope of Development.
C. All improvements on the Site shall be improvements
approved for occupancy, fully enclosed and under roof, unless the
Agency hereafter allows deviation from such requirement in a
writing referencing this Scope of Development (Attachment No. 5).
Such buildings shall be constructed of masonry, concrete, concrete.
block construction with a combination of plaster and wood exterior
finish, or such other materials as may hereafter be approved by the
Agency.
D. The Participant shall complete all of the improvements
set forth in this Scope of Development to be constructed on the
Site in one phase. All of the improvements to be provided by the
Participant on the Site, as well as those off-site improvements
required to be provided by the Participant constitute the
"Participant Improvements".
E. The Participant shall commence and complete the
Participant Improvements by the respective times established
therefor in the Schedule of Performance (Attachment No. 3).
F. The design and configuration and of the parking
facilities shall be compatible with the adjacent and nearby uses,
as reasonably determined by the Agency. Landscaping and any
changes in the parking facilities configuration is subject to the
Parking Privilege Agreement dated March 7, 1951 as it now exists or
may hereafter be amended.
G. The following standards shall govern the development in
addition to the criteria and standards established in the Lynwood
Redevelopment Plan for Project Area "A" (as amended). In no case
is the Participant relieved of the requirements of any laws, codes
Page 2 of 7
Exhibit B
or administrative regulations of the State of California or the
City of Lynwood:
1. Building Setbacks. Minimum building setbacks for
buildings and parking areas shall be as required by the
Redevelopment Plan and approved by the Agency, and shall conform to
the Lynwood City Code.
2. Building Coverage. The amount of land within the Site
covered by buildings shall be approximately as shown in the Site
Plans on file with the Lynwood City Clerk's office, but not to
exceed forty percent (40%) of the land area of the Site.
3. Building Height. Buildings on property zoned C-2 may not
exceed six stories or seventy-five feet in height. In addition to
the zoning restrictions, the buildings constructed on the Site
shall not exceed two stories or forty (40) feet without prior
Agency approval.
4. Vehicular Access. The placement of vehicular driveways
shall be coordinated with the needs of proper street traffic flow.
In the interest of minimizing traffic congestion, the Agency will-
control the number and location of curb breaks for access to the
Site for off-street parking and truck loading. All access
driveways shall require written approval of the Agency. Any
changes from existing driveways shall be subject to the Parking
Privilege Agreement, as it may be amended.
5. Parking. All required parking shall be on-site. The
required parking includes parking for the Site and for the
neighboring parcel owned by the Participant, which is benefitted by
a parking easement which burdens the northern portion of the Site.
Off-street parking requirements are set forth in Ordinance No.
1365, An Ordinance of the City Council of the City of Lynwood
Amending Chapter 25, the Official Zoning Ordinance, of the Lynwood
Municipal Code with Respect to Off-Street Parking.
All truck and service vehicle facilities shall be on-site and
adequately screened from view. Loading facilities shall be
situated in such a manner as to .minimize the impediment of traffic
on the surrounding thoroughfares and with consideration for
minimizing noise disruption to the residential area to the north of
the Site.
As a consequence of the northern portion of the Site's
proximity to residential areas, there shall be sufficient on-site
parking to accommodate the commercial uses anticipated.
Page 3 of 7
Exhibit B
6. Loading. Adequate loading and unloading space shall be
provided as~ approved by the Agency and shall also conform to
Lynwood City Code.
7. S~{ci _ns. Signs shall be limited in size, subdued and
otherwise designed to contribute positively to the environment:
Signs must be limited in number and size and integrated with the
architectural design of the building. No animated or roof-mounted
signs nor painted wall signs will be allowed. Billboards are
prohibited. Signs identifying the building use will be permitted,
but their height, size, location, color, lighting and design will
be subject to Agency and City approval, and signs must conform to
the Lynwood City Code.
8. Screening. All outdoor storage of materials or equipment
shall be enclosed or screened to the extent and in the manner
required by the Agency and the City.
9. Landscaping. The Participant shall provide and maintain
landscaping within the public rights-of-way, within setback area
along all street frontages, and in all plazas and surface parking
areas and conforming with the Design Concept Drawings as approved
by the Agency.
Landscaping shall consist of trees, shrubs and
installation of an automatic irrigation system adequate to maintain
such plant material. The type and size of trees to be planted,
together with a landscaping plan, shall be subject to the Agency
approval prior to planting.
10. Utilities. All utilities on the Site shall be
underground or enclosed at Participant's expense. Existing
utilities in the vacated alley need not be placed underground.
11. Painting. All exterior walls shall be painted by the
Participant with color(s) subject to Agency approval.
12. Building Design. Buildings shall be constructed such
that the Participant Improvements be of high architectural quality,
and shall be effectively and aesthetically designed.
VIZ. PUBLIC IMPROVEMENTS AND UTILITIES
A. The Participant, at his own cost and expense, shall
construct or modify the following public improvements within the
time set forth for the completion of the Participant Improvements
in the Schedule of Performance (Attachment No. 3):
Page 4 of 7
Exhibit B
1. Improvements as required by the City, including,
' but not lira to, resurfacing, rebuilding or new
construction of the catch basins, curbs and
gutters, drive and curb cuts, drives between the
property line of the Site and the public rights-of-
way abutting on the Site, and new paving and
stripping.
2. Installation of signs, site drainage and fire
hydrants in connection with the Site as may be
required.
3. Repair of public sidewalks along the frontage of
the public streets abutting on the Site or within
the rights-of-way lines of such public streets, and
appropriate street landscaping which the Agency or
City might require.
4. Repair, repaving and resurfacing of Ernestine
Avenue between Martin Luther FCinq, Jr. Boulevard
and Le Sage Street, in the City of Lynwood,
California.
5. Installation or relocation by the public utility
companies of such sewers, drains, water and gas
distribution lines, electric, telephone and
telegraph lines, and all other public utility
lines, installations and facilities as are
necessary to be installed or relocated on or in
connection with the Site by reason of the
development of the Site; the Agency shall not be
responsible for, nor bear any portion of the cost
of, installing the necessary utility connections
within the boundaries of the Site between the
improvements to be constructed by the Participant
and the water, sanitary sewer, and storm drains,
mains or other public utilities owned by the City
or by any public utility company within or without
such boundaries, or electric, -gas, telephone or
other public lines owned by a public utility
company within or without such boundaries, and the
Participant shall secure any permits required for
any such installation without expense to the
Agency.
6. Landscape irrigation system which shall include
provision to irrigate landscape installed by the
Agency on any portions of the public right of way
Page 5 of 7
L•'xhibit B
cont` ~~ous to the Site, but excluding any median
landscape.
B. All of the items described in Paragraph IVA above shall
be performed insaccordance with the technical specifications,
standards and practices of the City. The Participant's plans for
such public improvements shall be submitted to the Agency for
review and approval prior to the advertising of bids. Once such
items are constructed, Participant shall be responsible, at his
expense, for (1) any and all repairs due to damages caused by
Participant's construction, and (2) changes required by the
Participant.
VIII. DEMOLITION AND SOILS
The Participant assumes all responsibility for surface and
subsurface conditions at the Site, and the suitability of the Site
for the Participant Improvements and the operation of a
neighborhood shopping center thereon. Zf the surface and
subsurface conditions. are not entirely suitable for such
development, the Participant shall, at his cost, take all actions
necessary to render the Site entirely suitable for such.
development. The Participant has undertaken all investigation of
the Site he has deemed necessary and has not received or relied
upon any representations of the Agency, the City, or their
respective officers, agents and employees. The Participant shall
undertake at his expense all demolition required in connection with
the development of the Participant Improvements. The Agency is not
in any way responsible for demolition or removing any subsurface
obstructions on the Site, or the placement of fill on or soil
conditions of the Site.
The Participant shall coordinate his activities on the Site
with the Agency to facilitate the Agency activities in Paragraph VI
of this Scope of Development.
IX. USES
A. The following shall be Allowable Uses on the Site:
].. Grocery store;
2. Related "restaurant/deli"
allocated for the Grocery
3. Drug store;
4. Coin laundry;
inside the' building
Store;
Paae 6 of 7
Exhibit B
5. Restaurant;
6. Other retail uses as approved by the Agency (which
are not Prohibited Uses) which are suitable for a
neighborhood shopping center.
B. The following shall be Prohibited Uses on the Site:
1. Junk yard;
2. Adult bookstore, adult theatre or adult
entertainment;
3. Blood bank;
4. Appliance repair;
5. Food processing and wholesale (not as part of a
supermarket or retail_bakery);
6. Wholesale building supplies/construction material;
7. Bar or dance hall (except as part of a permitted
restaurant);
8. Bingo;
9. Massage parlour or massage shop;
10. Martial arts studio;
11. Tattoo parlor;
12. Fortune telling;
13. Narcotics paraphernalia.
k:\cg\lyn\proj~a\oh2\second3.agr ~-~
Page 7 of 7
Exhibit B
. contiguous to the Site, but excluding any median
landscape.
B. All of the items described in Paragraph IVA above shall
be performed in. accordance with the technical specifications,
standards and practices of the City. The Participant's plans for
such public improvements shall be submitted to the Agency for
review and approval prior to the advertising of bids. Once such
items are constructed, Participant shall be responsible, at his
expense, for (1) any and all repairs due to damages caused by
Participant's construction, and (2) changes required by the
Participant.
VIII. DEMOLITION AND SOILS
~rne Participant assumes all
subsurface conditions at the Site,
for the Participant Improvemen
neighborhood shopping center th
subsurface conditions are not
development, the Participant shall
necessary to render the Site
development. The Participant has
the Site he has deemed necessary
upon any representations of the
respective officers, agents and em
undertake at his expense all demoli
the development of the Participant
responsibility for surface and
and the suitability of the Site
.s and the operation of a
:reon. If the surface and
entirely suitable for such
at his cost, take all actions
entirely suitable for such_
.undertaken all investigation of
and has not received or relied
Agency, the City, or their
?loyees. The Participant shall
pion required in connection with
Improvements. The Agency is not
l~~ atiy way responsible for aemo11t1on or removing any subsurface
obstructions on the Site, or the placement of fill on or soil
conditions of the Site.
The Participant shall coordinate his activities on the Site
with the Agency to facilitate the Agency activities in Paragraph VI
of this Scope of Development.
IX. USES
A. The following shall be Allowable Uses on the Site:
].. Grocery store;
2. Related "restaurant/deli"
allocated for the Grocery
3. Drug stare;
Coin laundry;
inside the building
Store;
Paae 6 of
Exhibit B
. contiguous to the Site, but excluding any median
landscape.
B. All of the items described in Paragraph IvA above shall
be performed in. accordance with the technical specifications,
standards and practices of the City. The Participant's plans for
such public improvements shall be submitted to the Agency for
review and approval prior to the advertising of bids. Once such
items are constructed, Participant shall be responsible, at his
expense, for (1) any and all repairs due to damages caused by
Participant's construction, and (2) changes required by the
Participant.
VIII. DEMOLITION AND SOILS
The Participant assumes all responsibility for surface and
subsurface conditions at the Site, and the suitability of the Site
for the Participant Improvements and the operation of a
neighborhood shopping center thereon. If the surface and
subsurface conditions are not entirely suitable for such
development, the Participant shall, at his cost, take all actions
necessary to render the Site entirely suitable for such.
development. The Participant has undertaken all investigation of
the Site he has deemed necessary and has not received or relied
upon any representations of the Agency, the City, or their
respective officers, agents and employees. The Participant shall
undertake at his. expense all demolition required in connection with
the development of the Participant Improvements. The Agency is not
in any way responsible for demolition or removing any subsurface
obstructions on the Site, or the placement of fill on or soil
conditions of the Site.
The Participant shall coordinate his activities on the Site
with the Agency to facilitate the Agency activities in Paragraph VI
of this Scope of Development.
IX. USES
A. The following shall be Allowable Uses on the Site:
1.. Grocery store;
2. Related "restaurant/deli" inside the building
allocated for the Grocery Store;
3. Drug store;
4. Coin laundry;
i~aoe 6 of
Exhibit B
. contiguous to the Site, but excluding any median
landscape.
8. All of the items described in Parayraph IVA above shall
be performed in. accordance with the technical specifications,
standards and practices of the City. The Participant's plans for
such public improvements shall be submitted to the Agency for
review and approval prior to the advertising of bids. Once such
items are constructed, Participant shall be responsible, at his
expense, for (1) any and all repairs due to damages caused by
Participant's construction, and (2) changes required by the
Participant.
VIII. DEMOLITION AND SOILS
The Participant assumes all responsibility for surface and
subsurface conditions at the Site, and the suitability of the Site
for the Participant Improvements and the operation of a
neighborhood shopping center thereon. If the surface and
subsurface conditions are not entirely suitable for such
development, the Participant shall, at his cost, take all actions
necessary to render the Site entirely suitable for such.
development. The Participant has undertaken all investigation of
the Site he has deemed necessary and has not received or relied
upon any representations of the Agency, the City, or their
respective officers, agents and employees. The Participant shall
undertake at his expense all demolition required in connection with
the development of the Participant Improvements. The Agency is not
in any way responsible for demolition or removing any subsurface
obstructions on the Site, or the placement of fill on or soil
conditions of the Site.
The Participant shall coordinate his activities on the Site
with the Agency to facilitate the Agency activities in Paragraph VI
of this Scope of Development.
IX. USES
A. The following shall be Allowable Uses on the Site:
].. Grocery store;
2. Related "restaurant/deli"
allocated for the Grocery
3. Druy store;
4. Coin laundry;
inside the building
Store;
Paoe 6 of i
Exhibit B
. contiguous to the Site, but excluding any median
landscape.
B. All of the items described in Paragraph IvA above shall
be performed in.accordance with the technical specifications,
standards and practices of the City. The Participant's plans for
such public improvements shall be submitted to the Agency for
review and approval prior to the advertising of bids. Once such
items are constructed, Participant shall be responsible, at his
expense, for (1) any and all repairs due to damages caused by
Participant's construction, and (2) changes required by the
Participant.
VIII. DEMOLITION AND SOILS
The Participant assumes all responsibility for surface and
subsurface conditions at the Site, and the suitability of the Site
for the Participant Improvements and the operation of a
neighborhood shopping center thereon. If the surface and
subsurface conditions are not entirely suitable for such
development, the Participant shall, at his cost, take all actions
necessary to render the Site entirely suitable for such.
development. The Participant has undertaken all investigation of
the Site he has deemed necessary and has not received or relied
upon any representations of the Agency, the City, or their
respective officers, agents and employees. The Participant shall
undertake at his expense all demolition required in connection with
the development of the Participant Improvements. The Agency is not
in any way responsible for demolition or removing, any subsurface
obstructions on the Site, or the placement of fill on or soil
conditions of the Site.
The Participant shall coordinate his activities on the Site
with the Agency to facilitate the Agency activities in Paragraph VI
of this Scope of Development.
ZX. USES
A. The following shall be Allowable Uses on the Site:
].. Grocery store;
2. Related "restaurant/deli"
allocated for the Grocery
3. Drug store;
4. Coin laundry;
inside the building
Store;
Paae 6 of 7
Exhibit B
. contiguous to the Site, but excluding any median
landscape.
B. All of the items described in Paragraph IVA above shall
be performed in. accordance with the technical specifications,
standards and practices of the City. The Participant's plans for
such public improvements shall be submitted to the Agency for
review and approval prior to the advertising of bids. Once such
items are constructed, Participant shall be responsible, at his
expense, for (1) any and all repairs due to damages caused by
Participant's construction, and (2) changes required by the
Participant.
VIIZ. DEMOLITION AND SOILS
The Participant assumes all responsibility for surface and
subsurface conditions at the Site, and the suitability of the Site
for the Participant Improvements and the operation of a
neighborhood shopping center thereon. Zf the surface and
subsurface conditions are not entirely suitable for such
development, the Participant shall, at his cost, take all actions
necessary to render the Site entirely suitable for such.
development. The Participant has undertaken all investigation of
the Site he has deemed necessary and has not received or relied
upon any representations of the Agency, the City, or their
respective officers, agents and employees. The Participant shall
undertake at his expense all demolition required in connection with
the development of the Participant Improvements. The Agency is not
in any way responsible for demolition or removing any subsurface
obstructions on the Site, or the placement of fill on or soil
conditions of the Site.
The Participant shall coordinate his activities on the Site
with the Agency to facilitate the Agency activities in Paragraph VI
of this Scope of Development.
IX. USES
A. The following shall be Allowable Uses on the Site:
].. Grocery store;
2. Related "restaurant/deli"
allocated for the Grocery
3. Drug store;
4. Coin laundry;
inside the building
Store;
page 6 of 7
Exhibit B
. contiguous to the Site, but excluding any median
landscape.
B. All of the items described in Paragraph IVA above shall
be performed in. accordance with the technical specifications,
standards and practices of the City. The Participant's plans for
such public improvements shall be submitted to the Agency for
review and approval prior to the advertising of bids. Once such
items are constructed, Participant shall be responsible, at his
expense, for (1) any and all repairs due to damages caused by
Participant's construction, and (2) changes required by the
Participant.
VIII. DEMOLITION AND SOILS
The Participant assumes all responsibility for surface and
subsurface conditions at the Site, and the suitability of the Site
for the Participant Improvements and the operation of a
neighborhood shopping center thereon. If the surface and
subsurface conditions are not entirely suitable for such
development, the Participant shall, at his cost, take all actions
necessary to render the Site entirely suitable for such_
development. The Participant has undertaken all investigation of
the Site he has deemed necessary and has not received or relied
upon any representations of the Agency, the City, or their
respective officers, agents and employees. The Participant shall
undertake at his expense all demolition required in connection with
the development of the Participant Improvements. The Agency is not
in any way responsible for demolition or removing any subsurface
obstructions on the Site, or the placement of fill on or soil
conditions of the Site.
The Participant shall coordinate his activities on the Site
with the Agency to facilitate the Agency activities in Paragraph VI
of this Scope of Development.
IX. USES
A. The following shall be Allowable Uses on the Site:
1. Grocery store;
2. Related "restaurant/deli"
allocated for the Grocery
3. Drug store;
4. Coin laundry;
inside the building
Store;
Paae 6 of 7
Exhibit B
. contiguous to the Site, but excluding any median
landscape.
B. All of the items described in Paragraph IVA above shall
be performed in. accordance with the technical specifications,
standards and practices of the City. The Participant's plans for
such public improvements shall-be submitted to the Agency for
review and approval prior to the advertising of bids. Once such
items are constructed, Participant shall be responsible, at his
expense, for (1) any and all repairs due to damages caused by
Participant's construction, and (2) changes required by the
Participant.
VIII. DEMOLITION AND SOILS
The Participant assumes all responsibility for surface and
subsurface conditions at the Site, and the suitability of the Site
for the Participant Improvements and the operation of a
neighborhood shopping center thereon. If the surface and
subsurface conditions are not entirely suitable for such
development, the Participant shall, at his cost, take all actions
necessary to render the Site entirely suitable for such,
development. The Participant has undertaken all investigation of
the Site he has deemed necessary and has not received or relied
upon any representations of the Agency, the City, or their
respective officers, agents and employees. The Participant shall
undertake at his expense all demolition required in connection with
the development of the Participant Improvements. The Agency is not
in any way responsible for demolition or removing any subsurface
obstructions on the Site, or the placement of fill on or soil
conditions of the Site.
The Participant shall coordinate his activities on the Site
with the Agency to facilitate the Agency activities in Paragraph VI
of this Scope of Development.
IX. USES
A. The following shall be Allowable Uses on the Site:
].. Grocery store;
2. Related "restaurant/deli"
allocated for the Grocery
3. Drug store;
4. Coin laundry;
inside the building
Store;
Paae 6 of 7
Exhibit B
5. Restaurant;
6. Other retail uses as approved by the Agency (which
are not Prohibited Uses) which are suitable for a
neighborhood shopping center.
8. The following shall be Prohibited Uses on the Site:
1. Junk yard;
2. Adult bookstore, adult. theatre or adult
entertainment;
3. Blood bank;
4. Appliance repair;
5. Food processing and wholesale (not as part of a
supermarket or retail bakery);
6. Wholesale building supplies/construction material;
7. Bar or dance hall (except as part of a permitted
restaurant);
8. Bingo;
9. Massage parlour or massage shop;
10. Martial arts studio;
11. Tattoo parlor;
12. Fortune telling;
13. Narcotics paraphernalia.
k:\cg\lyn\proj~a\oh2\second3.agr -
Page 7 of 7
Exhibit B
5. Restaurant;
6. Other retail uses as approved by the Agency (which
are not Prohibited Uses) which are suitable for a
neighborhood shopping center.
B. The following shall be Prohibited Uses on the Site:
1. Junk yard;
2. Adult bookstore, adult theatre or adult
entertainment;
3. Blood bank;
4. Appliance repair;
5. Food processing and wholesale (not as part of a
supermarket or retail bakery);
6. Wholesale building supplies/construction material;
7. Bar or dance hall (except as part of a permitted
restaurant);
8. Bingo;
9. Massage parlour or massage shop;
10. Martial arts studio;
11. Tattoo parlor;
12. Fortune telling;
13. Narcotics paraphernalia.
k:\cg\lyn\proj~a\oh2\second~.agr •-~
Page 7 of 7
Exhibit B
4
5, Restaurant;
6, Other retail uses as approved by the Agency (which
are not Prohibited Uses) which are suitable for a
neighborhood shopping center.
B, The following shall be Prohibited Uses on the site:
1. Junk yard;
2, Adult bookstore, adult theatre or adult
entertainment;
3, Blood bank;
4, Appliance repair;
5, Food processing and wholesale (not as part of a
supermarket or retail bakery);
6, Wholesale building supplies/construction material;
~, Bar or dance hall (except as part of a permitted
restaurant);
g, Bingo;
9. Massage parlour or massage shop;
10. Martial arts studio;
11. Tattoo parlor;
12. Fortune telling;
13. Narcotics paraphernalia.
k:\cg\lyn\proj~a\oh2\second3.agr
Page 7 of 7
Exhibit B
5. Restaurant;
6, Other retail uses as appr wh d h are esuitable (forca
are not Prohibited Uses)
neighborhood shopping center.
B. The following shall be Prohibited Uses on the Site:
1. Junk yard;
2. Adult bookstore, adult theatre or adult
entertainment;
3. Blood bank;
4. Appliance repair;
5. Food processing and wholesale (not as part of a
supermarket or retail bakery);
6. Wholesale building supplies/construction material;
7. Bar or dance hall (except as part of a permitted
restaurant);
8. Bingo;
9. Massage parlour or massage shop;
10. Martial arts studio;
11. Tattoo parlor;
12. Fortune telling;
13. Narcotics paraphernalia.
k:\cg\lyn\proj#a\oh2\second3.agr
Page 7 of 7
Exhibit B
~.
5, Restaurant;
6. Other retail uses as approved by the Agency (which
are not Prohibited Uses) which are suitable for a
neighborhood shopping center.
B, The following shall be Prohibited Uses on the site:
1, Junk yard;
2, Adult bookstore, adult theatre or adult
entertainment;
3, Blood bank;
4. Appliance repair;
5. Food processing and wholesale (not as part of a
supermarket or retail bakery);
6. Wholesale building supplies/construction material;
7. Bar or dance hall (except as part of a permitted
restaurant);
8. Bingo;
9. Massage parlour or massage shop;
10. Martial arts studio;
il. Tattoo parlor;
12. Fortune telling;
13. Narcotics paraphernalia.
k:\cg\lyn\proj#a\oh2\second3.agr -
Page 7 of 7
Exhibit B
5, Restaurant;
6 , Other re Pr h b ted UsesPr wh C h are esuitable ( force
are not
neighborhood shopping center.
B, The following shall be Prohibited Uses on the Site: •
1. Junk yard;
2. Adult bookstore, adult theatre or adult
entertainment;
3. Blood bank;
4. Appliance repair;
5. Food processing and wholesale (not as part of a
supermarket or retail bakery);
6. Wholesale building supplies/construction material;
7. Bar or dance hall (except as part of a permitted
restaurant);
8. Bingo;
9. Massage parlour or massage shop;
10. Martial arts studio;
11. Tattoo parlor;
12. Fortune telling;
13. Narcotics paraphernalia.
k:\cg\lyn\proj~a\oh2\second3.agr •~-~
Page 7 of 7
Exhibit B
5, Restaurant;
Other retail uses as approved by the Agency (which
6. which are suitable for a
are not Prohibitedlns center.
n®ighborhood shopp g
g, The following shall be Prohibited Uses on the Site:
1, Junk yard;
bookstore, adult theatre or adult
2, Adult
entertainment;
3, Blood bank;
4, Appliance repair;
and wholesale (not as part of a
5, Food processing
supermarket or retail bakery);
6, Wholesale building supplies/construction material;
~, Bar or dance hall (except as part of a permitted
restaurant),
g, Bingo;
g, Massage parlour or massage shop;
10. Martial arts studio;
11. Tattoo parlor;
12. Fortune telling;
13. Narcotics paraphernalia.
}c:\cg\lyn\proj~a\oh2\second3.agr
'i~,
Page 7 of 7
Exhibit B