HomeMy Public PortalAbout92-18 LRAJUN-30-92 hi~7N 1 ~ 3<4 BARBOSA MOR I LLO BARN
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I,RA RESOLUTION NO. 92-18~
A RESOLUTION OF THE LYNWOOD REDEVELOPMENT
AGENCY APPROVING THE FIRST IMPLEMENTATION
AGREEMENT TO THE DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE LYNWOOD
REDEVELOPMENT AGENCY AND DELLAN INCORPORATED
AND AUTHORIZING THE CHAIRMAN TO EXECUTE SAME
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WHEREAS, the Redevelopment Plan for Lynwood Project Area
"A'1 ("Redevelopment Plan"), was duly approved and adopted on July
3, 1973 by .Ordinance 945 and subsequently amended on December 27,
1973 by Ordinance No. 960, on August 19, 1975 by Ordinance No. 990.,
on June 1, 1976 by Ordinance No. 1000, on December 7, 1976 by
Ordinance No. 1010, on December 16, 1980 by Ordinance No. 1111, and
on July 19, 1988 by Ordinance No. 881308; and
WHEREAS, the Lynwood Redevelopment Agency ("Agency"} is
engaged in activities necessary to execute and implement the
Redevelopment Plan for Redevelopment Project Area "A" ("Project
Area") in the City of Lynwood; and
WHEREAS, in order to implement said Redevelopment Plan,
on or about September 30, 1992 the Agency approved a Disposition
and Development Agreement ("DDA") by and between the Agency and
Developer for the develop~~~~nt of a personaY storage facility; and
WHEREAS, the Developer has requested that the schedule of
Performance be revised to assist it in carrying out its obligations
thereunder; and
WHEREAS, Section 704 of the DDA provides that the DDA is
subject to amendment from time to time as approved in writing by
the Agency;
WHEREAS, the Agency has duly considered the proposed
revisions to the Schedule of Performance (Attachment No. 3 to the
DDA) and believes the redevelopment pursua#~t thereto to be in the
best interest of the City of Lynwood and in furtherance of the
goals and objectives of the Lynwood Redevelopment Agency to reduce
blight in the Project Area.
NOW, THEREFORE, BE IT RESOLVED by the Lynwood
Redevelopment Agency as follows:
SECTION 1. The Chairman of the Agency is hereby
authorized to execute the First Implementation Agreement ("First
Implementation Agreement") to the DDA whioh was presented to the
Agency Board for consideration.
SECTION 2. The Chairman 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 First Implementation Agreement to the DDA, and to administer
and implement the Agency's obligations, responsibilities and duties
to be performed under the DDA as implemented.
APPROVED AND ADOPTED by the members of the Lynwood
Redevelopment Agency this 7th day of July, 1992.
s
L
ne, Chairman
Redevelopment Agency
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JUN-30-92 MON 1 ~ 3~ ?~;c,~nc;cs M06Z Z LLO B~iP~y
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ATTEST:
Andrea L. Hooper, Secre ary
The Lynwood Redevelopment Agency
APPROVED AS TA ,FORM:
rtenry s' Earbosa
Agency General Counsel
P 03~0~3
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FIRST IMPLEMENTATION AGREEMENT
'TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN
THE LYNWOOD REDEVELOPMENT AGENCY AND DELLAN INCORPORATED
THIS FIRST IMPLEMENTATION AGREEMENT to the Disposition
and Development Agreement ("First Implementation Agreement") is
entered into on July 7th 1992, by and between THE LYNWOOD
REDEVELOPMENT AGENCY ("Agency") and DELLAN INCORPORATED
("Developer").
WHEREAS, the Agency and the Developer entered into that
certain Disposition and Development Agreement, dated September 30,
1991 ("DDA"), providing for, among other things, the acquisition
and disposition of certain real property described in the DDA as
the "Site" and the development and operation on the Site of a
personal storage facility ("Developer Improvements"); and
WHEREAS, the parties desire to make certain modifications
and amendments to the DDA so as to implement and carry-out the
purposes of said DDA.
NOW, THEREFORE, the parties hereby agree as follows:
I. FORM OF AGREEMENT
This First Implementation Agreement is executed in six
(6) duplicate originals, each of which is deemed to be an original,
consisting of two (2) pages and one (1) exhibit.
II. AMENDED SCHEDULE OF PERFORMANCE
T•he parties agree that the a~s,edi:lav-F sracr«a::c;
(Attachment No. 3 to the DDA) is hereby amended. It shall be
replaced in its entirety by the Schedule of Performance which is
attached to this First Implementation Agreement as Exhibit A.
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~~0-92 MON 1 ~ 3? BAR£a~~~ ~~,~;;~,~;~~ g LSO HARN
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p: July ~, 1992
RTTEST:
P 0 ~ i t3 '9
THE LYNWOOD ~2EDEVELOPMENT AGENCY
("Agency")
By:
L u J. ne, Chairman
T ynwo'd Redevelopment Agency
BY ~ -~~ ~'
Secretary
APPROVED AS TO FORM:
BARBOSA GARCIA & BARNES
Agency General,,-e~unsel
By:
KTfl1438.R
my S. Barbosa
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JllN-3@-92 MON 1 5 37 BARBOSA 1''IC]R Y L, ,LO BARN P _ @~i09
("Developer"}
D~-TED: July L, 1992
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DELLRN INCOY~PORATED
By•
• M andra (M ke) Patel
President
By:
,SY~arad Patel
Secretary
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EXHIBIT A
ATTACHMENT 3
SCHEDULE OF PERFORMAN..~E
I. GENERAL PROVISIONS
r b ~ i b 9
1. Execution of Agreement by
Agency. The Agency shall
approve and execute this
Agreement, and shall deliver
one (1} copy thereof to the
Developer.
2. SuUm~tta~ of Preliminary Design Completed.
Drawings. Developer shall
prepare and submit to the
Agency.
3. AC34~I1~Y Review of Preliminary Completed.
DesfgD Drawings. Agency
(staff) approves or disapproves
the Preliminary Design Drawings.
4. submission of Revised Completed.
Preliminary Des~,gn Drawf~gs.
If original submittal or
resubmittal disapproved,
Developer revises Preliminary
Design Drawings and
resubmits to Agency.
5. Review by Agency of Revised Completed.
Preliminary Design p~aw~ngs.
After Submission by Developer,
Agency to review new
submittal.
b. Payment of Administrative Fee. Before opening of
Developer shall pay Agency a escrow.
Three Thousand Dollar ($3000.00)
administrative fee.
II.
7. First Instal,.~ment of Purchase On or before opening
Price. Developer deposits of escrow.
Fifty Thousand Dollars
($50,000.00) as first
installment of purchase
price into escrow.
8. Qpening of Escrow. If Within ten (10) days
applicable, the executive after execution of
Director of the Agency shall this Agreement.
open escrow.
9. Second Installment of Purchase Only after all
Price. Developer deposits building permits are
another Fifty T%Ol:oQ31Ci L3Lii.'~c:ia ia:}ucta.
(50,000.00) as second installment
of purchase price.
10. Ra~ance of Purchase Price. At close of escrow.
Developer deposits balance of
purchase price less any
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applicable offsets.
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11. Conditions Precedent.
Developer satisfies all of
the Conditions Precedent to
Conveyance.
12. R.~sposition Conveyance (C~ose
of Escrow. Agency conveys
the Site to the Developer.
Not later than 160
days after opening of
escrow.
Within ten (10) days
following confirmation
by the Executive
Director of the Agency
that the Developer has
satisfied the
Conditions Precedent.
III. CONSTRUCTION DOCUMENTS AND BUILDING PERMIT
13. Submission of Complete Con- within ninety (90)
struction~rawinq.~ and Land- days after DDA
~caping_Plan. Developer shall is signed.
submit complete Construction
(working) Drawings and a
Final Landscaping Plan, Sign
Program, and Finish Grading
Plan.
14. Review of Complete Drawings Within fifteen (15}
and. Plans. The Agency or its days after submittal
designee shall approve or by Developer.
disapprove the Complete
Construction (working) Drawings
and the Landscaping Plan, Sign
Program, and Finish Grading
Plan.
15. Revisions, if anv. Developer Within six (6) weeks
shall prepare revised after receipt of
Construction (working) Drawings comments by Agency
as necessary, and submit them or its designee.
to Agency for review.
16. Final Review of Complete Within fifteen (15)
~rawinas. The Agency or its days after submittal
designee shall approve the by Developer.
revisions submitted by the
Developer provided that the
revisions necessary to
accommodate the comments by
Agency or its designee have
been made.
17. Obtaining of Building Permits. Not later than
Developer shall obtain all November 30, 1992.
buildings and other permits
needed to commence construction
of the Developer Improvements.
VI. LAND USE PHASE Not later than
Developer shall submit a land November 30, 1992.
use plan, and adhere to all City
land use requirements, including
applicable zoning ordinances.
V. CONSTRUCTION PHASE
18. Commencement of Construction. Not later than May 1,
Developer shall commence 1993.
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construction of the Developer
Improvements.
19. S~uletion of Construction.
Developer shall complete
construction of the
Developer Improvements.
P _ 0 q i Oy
Within Five Hundred
and Forty Eight (548)
days after
commencement of
construction.
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STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
Z, 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 held in the City Aall
of the City of Lynwood on the 7 t h da of J u 1 `
Y y
19 , and passed by the following vote:
AYES: BYRD, REA, RICHARDS,WELLS, HEINE
NOES: NONE
ABSENT: NONE
Secretary
Lynwood Redevelopment Agency
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 is a full, true and correct copy of Resolution No.
ggA 92-18 on file in my office and that said resolution
was adopted on the date and by the vote therein stated.
DATED this 7th day of July ~ ~ 9 92
Secretary
Lynwood Redevelopment Agency