HomeMy Public PortalAbout2010.068 (04-20-10)RESOLUTION NO. 2010.068
JOINT RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF THE
CITY AND THE CITY COUNCIL OF THE CITY OF LYNWOOD (1) APPROVING THE
FERNWOOD ESTATES SETTLEMENT AGREEMENT AND RELEASE OF ALL
CLAIMS BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND HERMILO
FRANCO AND (2) ACCEPTING THE 33433 SUMMARY REPORT
WHEREAS, the Lynwood Redevelopment Agency ("Agency") is a public body,
corporate and politic, organized and existing under California Community
Redevelopment Law (Health & Safety Code § 33000, et seq.) ("CRL"); and
WHEREAS, in accordance with the CRL, the City Council of the City of Lynwood
adopted the Redevelopment Plan for the Redevelopment Project Area "A" in the City of
Lynwood on July 10, 1973, as established by Ordinance No. 945 of the City Council,
and as amended from time to time; and
WHEREAS, to effectuate the Redevelopment Plan, on March 6, 2007, the
Agency authorized a Disposition and Development Agreement ("DDA") with Hermilo
Franco ("Developer") for, the development of 43 single family homes on real property
owned by the Agency and located along the southerly portion of Fernwood Avenue
between Bullis Road and Atlantic Avenue in the City of Lynwood (the "Site"), which area
is outside the Redevelopment Project Area. Five of the homes were to be deed
restricted for use as affordable housing; and .
WHEREAS, at this time, three years later, only two homes have been partially
constructed and Developer has not processed the tract map. In addition, as a result of
the significantly changed housing and lending markets and in response to Developer's
failure to perform, the parties desire to terminate the DDA and to fully and finally resolve
all outstanding issues as set forth in the proposed Fernwood Estates Settlement
Agreement and Release' of All Claims ("Settlement Agreement") attached hereto and
incorporated herein as Exhibit "A;" and
WHEREAS, as described in the Settlement Agreement, after receiving modified
conditions of approval and complying with other obligations imposed, the Developer
would complete the construction of the two partially developed homes ("Developer's
Parcel") and the remainder of the Site would be transferred back to the Agency
("Agency Parcel"). The Developer's Parcel is located on the south side of Fernwood
Avenue between Bullis Road and Gertrude Drive. A map showing the Site, divided into
the Agency Parcel and the Developer's Parcel is attached to the Settlement Agreement;
and
WHEREAS, Section 33433 of the CRL requires that the Agency Board and the
City Council approve the disposition of the Site by the Agency, that certain findings be
made, and that a"Summary Report" and copies of the DDA and Settlement Agreement
be made available for public inspection; and
WHEREAS, the Agency has prepared the required Summary Report and notice
of a joint public hearing of the Agency and City Council concerning the proposed
Settlement Agreement has been given in accordance with applicable law; and
WHEREAS, on April 20, 2010, the Agency Board and City Council conducted
and concluded a duly noticed joint public hearing pursuant to Section 33433 of the CRL
to consider the Settlement Agreement; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The above recitals are all true and correct and are hereby adopted as
findings.
Section 2. That the adoption of the Settlement Agreement and development of
the Developer's Parcel with two new single family homes will assist in the elimination of
blight in Redevelopment Project Area "A" and is consistent with the Agency's adopted
Implementation Plan for Redevelopment Project Area "A".
Section 3. The consideration to be paid by the Developer for the Developer's
Parcel is not less than the fair market value of the Developer's Parcel at its highest and
best use in accordance with the adopted Implementation Plan.
Section 4. The City Council hereby approves the Settlement Agreement and the
instruments referenced therein, a copy of which are on file in the office of the City Clerk.
Section 5. The Mayor and City Manager are authorized and directed to take
such actions and execute such documents as may be necessary to implement and
affect this Resolution and the Settlement Agreement on behalf of the City.
Section 6. The City Clerk shall certify to the passage and adoption hereof.
PASSED, APPROVED and ADOPTED this 20th day of April, 2010.
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Maria T. Santillan, Mayor
ATTEST:
APPROVED AS TO FORM:
/
Fred Galante, City Attorney
Roger . a e, ity Manager
APPROVED AS TO CONTENT:
Sarah M. Withers, Director of
Redevelopment
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, Cit`y Clerk of the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 20th day of April, 2010.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO,
AND SANTILLAN
NOES: NONE , ~~ ~ ~~~
ABSENT: NONE.~,._. ' 'W +, ',,
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ABSTAIN: NONE
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M ria Quinonez, i y Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Resolution No. 2010.068 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 20th day of April, 2010.
, -~.
Maria Quinonez, C ty Clerk