HomeMy Public PortalAboutA2010-12-21-CCThis Agenda contains a brief general description of each item to be considered. Copies of the Staff
reports or other written documentation relating to each item of business referred to on the Agenda are on
file in the Office of the City Clerk and are available for public inspection. Any person who has a question
concerning any of the agenda items may call the City Manager at (310) 603 -0220, ext. 200.
Procedures forAddressino the Council
IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO
ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE DOOR, AND TO TURN IT IN TO
THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM
WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS
CONSENT OF THE COUNCIL.
°a AGENDA
ITEMS ON FILE FOR CONSIDERATION y�
AT THE REGULAR MEETING OF O p U14 S Og4
THE LY ITY COUNCIL
TO BE H RECEIVED
TO BE HELD ON
DECEMBER 21, 2010 DEC 1 6 2010
COUNCIL CHAMBERS
CITY OF LYNWOOD
11330 BULLIS ROAD, LYNWOOD CA 90262 CITY CLERKS OFFICE
5:00 P.M.
AYta " �ttjxoY�EZ
AIDE CASTRO Cl 'I�y 'GS
MAYOR JJJJ J
JIM MORTON ALFREDO FLORES
MAYOR PRO -TEM COUNCILMEMBER
RAMON RODRIGUEZ MARIA TERESA SANTILLAN
COUNCILMEMBER COUNCILMEMBER
CITY MANAGER
ROGER L. HALEY
CITY ATTORNEY
FRED GALANTE
CITY CLERK CITY TREASURER
MARIA QUINONEZ SALVADOR ALATORRE
OPENING CEREMONIES
1 CALL TO ORDER
2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
3. ROLL CALL OF COUNCIL MEMBERS
Alfredo Flores
Ramon Rodriguez
Maria T Santillan
Jim Morton
Aide Castro
PLEDGE OF ALLEGIANCE
5. INVOCATION
6. PRESENTATIONS /PROCLAMATIONS
• Sheriff Captain James Hellmold — Update on Law Enforcement Issues
• City Council Members Reporting on Meetings Attended (Gov. Code Section
53232.3(D))
COUNCIL RECESS TO
LYNWOOD REDEVELOPMENT AGENCY
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
PUBLIC ORAL COMMUNICATIONS
IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL
DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT COUNCIL MAY REFER THE
MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A
FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).)
PUBLIC HEARING
8. JOINT PUBLIC HEARING FOR CONSIDERATION OF A PROPOSED DISPOSITION
AND DEVELOPMENT AGREEMENT ('DDA ")
Comments
For Agency consideration is a draft DDA between the Redevelopment Agency and J.B.
Group, LLC and the corresponding 33433 Summary Report, which has been on display
in the office of the Redevelopment Department, announced in the local newspaper, and
on the City's website for the requisite time as mandated by the California Health and
Safety Code. The project will consist of the construction of 6 or 7 new 2 -story single -
family detached 3 bedrooms and 2 bathrooms homes and be at least 1,600 square feet
and will be sold at fair market value or alternatively, the Developer may construct a multi-
family rental complex containing 16 or 17 separate residential units.
Recommendation:
Staff recommends that after consideration the Agency and the City close the Public
Hearing and adopts the resolution titled, "A JOINT RESOLUTION OF THE CITY OF
LYNWOOD REDEVELOPMENT AGENCY AND CITY COUNCIL OF THE CITY OF
LYNWOOD APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT
(DDA) BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY (AGENCY) AND J.B.
DEVELOPMENT GROUP, LLC (DEVELOPER) FOR THE SALE AND DEVELOPMENT
OF AGENCY OWNED PROPERTY COMMONLY KNOWN AS THE MURIEL/THORSON
SITE AND ACCEPTING THE 33433 SUMMARY REPORT'
CONSENT CALENDAR
All matters listed under the Consent Calendar will be acted upon by one motion affirming the
action recommended on the agenda. There will be no separate discussion on these items prior to
voting unless members of the Council or staff request specific items to be removed from the
Consent Calendar for separate action.
9. MINUTES OF PREVIOUS MEETINGS.
Regular Meeting — November 16, 2010
Special Meeting — November 30, 2010
10. APPROVAL OF THE WARRANT REGISTER
Comments:
City of Lynwood warrant register dated December 21, 2010 for FY 2010 -2011.
Recommendation:
Staff recommends that the City Council approve the warrant register
11 CONTRACT CHANGE ORDER NO 2 SEWER MAIN REPLACEMENT PROJECT ON
LONG BEACH BOULEVARD AND IMPERIAL HIGHWAY PROJECT NO. 4011.67.887
Comments
The Long Beach Boulevard and Imperial Highway sewer main replacement project is
listed in the Capital Improvement Program (C.I.P.) budget for FY 2010 -2011. The project
construction started in June of this year and is on- going. During the course of
construction, the contractor encountered various unknown /changed subsurface
underground conditions that require extra work. This extra work has resulted in a
contract change order of $18,515, which requires the City Council's approval pursuant to
Section 6 -3.15 of the Lynwood Municipal Code.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
CONTRACT CHANGE ORDER NO. 2 IN THE AMOUNT NOT TO EXCEED $18,515 TO
KANA PIPELINE, INC. FOR THE LONG BEACH BOULEVARD AND IMPERIAL
HIGHWAY SEWER MAIN REPLACEMENT PROJECT, PROJECT NUMBER
4011.67.887, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT
CHANGE ORDER"
12. AWARD OF FUEL PURCHASE ORDER
Comments
Staff recently requested price quotations from gas stations in the city for the purpose of
obtaining price discounts for purchasing fuel (diesel and gasoline) for fiscal year 2010-
2011 The intent is that companies generally provide considerable price discounts if the
City orders and purchases fuel in large quantities.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING
STAFF TO APPLY FOR A CHEVRON /TEXACO BUSINESS CARD (FUEL CARD) AND
ISSUE A PURCHASE ORDER TO G &M OIL (CHEVRON1rEXACO) IN THE AMOUNT
NOT -TO- EXCEED $97,000 FOR THE PURCHASE OF DIESEL AND GASOLINE FOR
CITY VEHICLES."
13. SECOND READING OF ORDINANCE — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LYNWOOD, CALIFORNIA, ADDING A NEW SECTION 14 TO CHAPTER
14 OF THE LYNWOOD MUNICIPAL CODE REGARDING FATS, OILS AND GREASE
MANAGEMENT AND DISCHARGE CONTROL
Comments:
The City Council introduced the attached ordinance for first reading on December 7,
2010.
Recommendation
Staff recommends that the City Council waive reading and adopt the attached ordinance
entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, ADDING A NEW SECTION 14 TO CHAPTER 14 OF THE LYNWOOD
MUNICIPAL CODE REGARDING FATS, OILS AND GREASE MANAGEMENT AND
DISCHARGE CONTROL ".
14. PROJECT ACCEPTANCE WATER MAIN LINE PROJECT LOCATED ON STATE
STREET (FROM TWEEDY BOULEVARD TO LONG BEACH BOULEVARD) TWEEDY
BOULEVARD (FROM LONG BEACH BOULEVARD TO STATE STREET)
INTERSECTION OF LONG BEACH BOULEVARD AND MARTIN LUTHER KING, JR.
BOULEVARD, PROJECT NUMBER 4011.67.950
Comments
On November 3, 2009, the City Council awarded a contract to Cedro Construction, Inc.
for the construction of the Water Main Line Project on State Street (from Tweedy Blvd. to
Long Beach Blvd.), Tweedy Boulevard (from Long Beach Blvd. to State St.) and the
intersection of Long Beach Boulevard and Martin Luther King, Jr. Boulevard, Project
Number 4011.67.950. The project started on November 3, 2009, and all construction
work on the project has been completed on June 4, 2010. The final construction cost for
this project is $808,098.62, which includes the final quantities reconciliation and the
Contract Change Order No. 1 for unforeseen additional work. The project is funded with
the1999 Water Bond funds and is now ready for acceptance by the City Council.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
CONTRACT CHANGE ORDER NO 1 AND ACCEPTING THE WATER MAIN LINE
PROJECT ON STATE STREET, TWEEDY BOULEVARD AND THE INTERSECTION OF
LONG BEACH BOULEVARD AND MARTIN LUTHER KING, JR. BOULEVARD,
PROJECT NUMBER 4011.67.950, AS BEING COMPLETE; AUTHORIZING THE CITY
ENGINEER TO PROCESS THE RECORDATION OF THE NOTICE OF COMPLETION;
AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE
NECESSARY FUNDS TRANSFER AND APPROPRIATION'
15. RESOLUTION TO APPROVE TAX DEFERRED CALPERS MEMBER PAID
CONTRIBUTIONS IN ACCORDANCE WITH INTERNAL REVENUE CODE 414(H)(2)
EMPLOYER PICK -UP
Comments:
Currently, the State of California Government Code and local management and non-
management collective bargaining agreements allow the City to report to CalPERS the
Employer Paid Member Contribution (EPMC), currently at 8% of base salary, in order to
calculate the retirees' final and highest compensation period. However, when the City
reports EPMC to CalPERS, and, in turn, seeks reimbursement of EPMC from the retiring
employee during their last 12- months of City service, that employee is currently
reimbursing the City on a post -tax basis. Therefore, adoption of the attached Resolution
will allow the soon- to -be- retired employees to reimburse the City on a pre -tax basis, and
provide new hires hired after January 1, 2011, the ability to use pre -tax dollars to pick -up
their EPMC as all new hires will begin to pay toward their retirement at the start of the
New Year.
Recommendation:
Staff respectfully requests that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO TAX DEFER
MEMBER PAID CONTRIBUTIONS — IRC 414(h)(2) EMPLOYER PICK -UP "
NEW /OLD BUSINESS
16. FACILITY RENTAL FEE STRUCTURE RESEARCH — SENIOR CENTER
Comments
The City of Lynwood operates public facilities for both public and private use. Under
specific City of Lynwood guidelines, designated City facilities can be rented or used in
accordance with a City Council approved fee structured, City policy, and an application
process. When the Lynwood Senior Center opened in 2008, a rental fee structure was
not implemented. There have been inquiries into the use of Senior Center for various
intergovernmental programs, including funeral services for senior citizens, wedding
receptions, senior citizen parties and various other night -time and weekend programs.
Staff would like to study the implementation of a fee structure for the Lynwood Senior
Citizen Center.
Recommendation:
Staff recommends that the City Council allow staff to conduct research that would give
consideration to the implementation of a rental fee structure for the Lynwood Senior
Citizen Center.
17 REVIEW OF BOARD AND COMMISSION MEMBERS & ANNUAL BOARDS AND
COMMISSIONS LOCAL APPOINTMENT LIST
Comments
Please find attached the City of Lynwood Boards and Commission Appointment List and
a public notice identifying the vacancies, with an open until filled deadline and a notice to
all applicants that all appointments are subject to the successful passing of a criminal
history check.
Recommendation:
Staff recommends that the City Council review the list of Board and Commission
members. After review, the Council may wish to provide staff with direction in filling the
current vacancies, which are: Design Review Board (2 vacancies), Public Safety/Traffic &
Parking Commission (1 vacancy), Women's Commission (2 vacancies), Veterans Affairs
Council (2 vacancies) and Youth Commission (1 vacancy). The City Council may further
make any other adjustments to these Boards and Commissions, as it deems appropriate,
in accordance with the rules outlined in the Maddy Act.
It is also recommended that the City Council direct staff to post the attached Annual City
of Lynwood Boards and Commissions Appointment List, according to Maddy Act
requirements.
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
AIDE CASTRO, MAYOR
JIM MORTON, MAYOR PRO -TEM
ALFREDO FLORES, COUNCILMEMBER
RAMON RODRIGUEZ, COUNCILMEMBER
MARIA T. SANTILLAN, COUNCILMEMBER
CLOSED SESSION
NONE
ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE HELD ON JANUARY 4, 2011 AT 5:00 P.M. IN THE
COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA.
F }
(� itii S
1 ; r, u AGEN
DATE: December 21, 2010
TO: Honorable Mayor and Members of the City Council
Honorable Chair and Members of the Agency Boar
APPROVED BY: Roger L. Haley, Executive Director /City
PREPARED BY: Sarah Magana Withers, Director of
Bruno Naulls, Redevelopment Ass(
SUBJECT: Joint Public Hearing for consideration of a proposed
Disposition and Development Agreement ( "DDA ")
Recommendation:
Staff recommends that after consideration the Agency and the City close the
Public Hearing and adopts the resolution titled, "A JOINT RESOLUTION OF THE
CITY COUNCIL AND LYNWOOD REDEVELOPMENT AGENCY OF THE CITY
OF LYNWOOD APPROVING THE DISPOSITION AND DEVELOPMENT
AGREEMENT (DDA) BETWEEN THE LYNWOOD REDEVELOPMENT
AGENCY (AGENCY) AND J.B. DEVELOPMENT GROUP, LLC (DEVELOPER)
FOR THE SALE AND DEVELOPMENT OF AGENCY OWNED PROPERTY
COMMONLY KNOWN AS THE MURIELTHORSON SITE AND ACCEPTING
THE 33433 SUMMARY REPORT'.
Background:
The Agency currently owns the property ( "Property"), which is the subject
of the proposed project and DDA. The Agency purchased the Property
from CalTrans in the amount of $210,000 in 1987. The property has been
tax - exempt ever since the Property was purchased by Cal Trans for the
construction of the 1 -105 freeway.
2. The property is located between Muriel Drive and Thorson Ave adjacent to
the south side of the 1 -105 Freeway. The lot size is approximately 41,470
square feet.
3. The City of Lynwood lost a drastic amount of housing units (over 1,200
units) as a result of the development of the 1 -105 Freeway. In addition, the
City is required to meet its Regional Housing Needs Allocation (RHNA).
Currently 363 residential units are required by 2014 as mandated by the
ITEM
State's Housing and Community Development Department. 159 of those
units are not required to be categorized low /moderate.
4. The Property will accommodate 6 to 7 single detached residential units, or
alternately approximately 16 mixed use residential units which may only
put a dent in the City's obligation under the RHNA. However the proposed
project will demonstrate the City's commitment in trying to meets its
obligation.
5. Between the years of 1999 and 2007 there have been attempts to build
residential units at this location but due to circumstances both
unforeseeable and uncontrollable, a successful housing project has not
been developed.
6. The current Developer has agreed to the terms and conditions set forth by
the Agency and the project will be subject to all applicable provisions of the
Lynwood Municipal Code.
7. Attached for Agency consideration is a draft DDA and 33433 Summary
Report, which has been on display in the office of the Redevelopment
Department, announced in the local newspaper, and on the City's website
for the requisite time as mandated by the California Health and Safety
Code.
Discussion & Analysis:
The project will consist of the construction of 6 or 7 new 2 -story single - family
detached homes with a driveway courtyard between the homes. Each home
shall contain 3 bedrooms and 2 bathrooms and be at least 1,600 square feet and
will be sold at fair market value. The homes will share a private driveway with
outlets to Muriel Drive and Thorson Avenue. Construction will be Type V, wood -
frame construction. Parking for residents and guests will be consistent with City
requirements. Each unit will have a two -car garage, as well as one guest parking
space for each home will be provided on the Site. Landscaping will be
aesthetically pleasing, appropriate for the surrounding neighborhood, and will be
consistent with City requirements. The building construction will utilize materials
that will meet or exceed Title 24 energy standards.
Alternatively, Developer may construct a multi - family rental complex containing
16 or 17 separate residential units, with adequate on -site parking and in
compliance with City all applicable City standards
The subject property has a fair market value of $230,000. This value was
determined by the consultant and appraiser based on recent land sales (See
33433 report). Pursuant to AB 1290, the Agency cannot sell property, regardless
of what the acquisition cost was to the Agency, for less than market value less
2
any cost for constraints that would allow the property to be sold at its highest and
best use (Reuse value). The Developer will pay for the full fair market value of
the Property in the amount of $230,000. The arrangement for payment of the
land to the Agency will enable the Developer to move forward with the project
and pay the full value of the land to the Agency approximately ninety (90) days
after the effective date of the Agreement and before the close of escrow.
Fiscal Impact:
The sale of the subject property will impact the Agency by generating $230,000
in revenue for the Project Area 'A' Tax Increment Fund this 2010 -2011 Fiscal
Year.
Coordinated With:
City Manager's Office
Finance and Administration
City Attorney's Office
Attachments:
DDA
33433 Summary Report
Resolution
93
RESOLUTION NO.
A JOINT RESOLUTION OF THE CITY COUNCIL AND THE LYNWOOD
REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD APPROVING THE
DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) BETWEEN THE
LYNWOOD REDEVELOPMENT AGENCY (AGENCY) AND J.B.
DEVELOPMENT GROUP, LLC (DEVELOPER) FOR THE SALE AND
DEVELOPMENT OF AGENCY OWNED PROPERTY COMMONLY KNOWN AS
THE MURIEL/THORSON SITE AND 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, the Agency currently owns the property commonly known as
the Muriel/Thorson Site ( "Property ") located between Muriel Drive and Thorson
Avenue adjacent to the south side of the 1 -105 Freeway, having a lot size of
approximately 41,470 square feet; and
WHEREAS, the Property, which is the subject of the proposed project and
Disposition and Development Agreement ( "DDA "), was purchased from Caltrans
for $210,000 in 1987; and
WHEREAS, the Property has been underutilized for years and is
considered blighted as it has been subject to vandalism, graffiti, and illegal
dumping that has impacted Agency funds for maintenance and upkeep; and
WHEREAS, the Developer proposes to complete construction of six to
seven (6 -7) new single - family dwelling units on the Site or alternatively 16 -17
multi - family rental residential units, to be sold or rented at fair market rate,
subject to the covenant agreement, the form of which is attached to the DDA
( "Project'); and
WHEREAS, the sale of the Property pursuant to the DDA effectuates the
Redevelopment Plan insofar as the Property is located nearby and benefits the
Redevelopment Project Area by causing the development to improve the
Property with new housing, landscaping and on /offsite improvements that will
assist in the elimination of blight and beautification of the community; and
WHEREAS, the DDA requires the Agency to convey the Property to the
Developer for the fair market purchase price of Two hundred Thirty Thousand
Dollars ($230,000), representing the fair market value of the Property, based on
the April 19, 2010 appraisal prepared by Fred D. Campagna & Associates; and
WHEREAS, Section 33433 of the CRL requires that the Agency Board
and the City Council to approve the disposition of the Property by the Agency;
that certain findings be made, and that a "Summary Report" and a copy of the
DDA 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 DDA has been given in accordance with applicable law; and
WHEREAS, On December 9, 2010 the Agency published the public
hearing notice in the required newspaper of general circulation in the community
once per week for a consecutive two weeks prior to the public hearing pursuant
to California Government Code Section 6066; and
WHEREAS, On December 9, 2010 pursuant to section 33433 of the CRL,
the Summary Report and proposed DDA was concurrently available for public
inspection on the City's website and in the Redevelopment Department and was
distributed to those entities and individuals on the Agency mailing list; and
WHEREAS, On December 21, 2010 the Agency conducted a public
hearing at a regular meeting and reviewed, analyzed and approved said DDA;
and
WHEREAS, the DDA is consistent with the intent of the Implementation
Plan adopted pursuant to CRL Section 33490.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
AND THE LYNWOOD REDEVELOPMENT AGENCY DO HEREBY FIND,
DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1 . The above recitals are all true and correct and are hereby
adopted as findings.
Section 2 . The City Council and Agency Board have determined that
the Project is categorically exempt from the provisions of the California
Environmental Quality Act ( "CEQA ") insofar as it involves the construction of an
in -fill development project, which is an activity that is Categorically Exempt from
CEQA, pursuant to Section 15332 of the CEQA Guidelines.
Section 3 . The DDA is consistent with the Agency's adopted
Implementation Plan for Redevelopment Project Area "A ".
2
Section 4 . The consideration to be paid by the Developer in the amount
of $230,000 for the Property is not less than the fair market value of the Property.
The proceeds of such sale will be deposited into the Agency's Tax Increment
Fund (9452).
Section 5 . The development of the Project will assist in the elimination of
blight in the Project Area and will provide needed housing for the community.
Section 6 . The Agency Board of Directors and the City Council hereby
approve the DDA and the instruments referenced therein, a copy of which are on
file in the office of the City Clerk.
Section 7 . The Agency Chair and Executive Director and Mayor and City
Manager are authorized and directed to take such actions and execute such
documents as may be necessary to implement and effect this Resolution and the
DDA on behalf of the Agency and City.
Section 8 . The Agency Secretary and City Clerk shall certify to the
passage and adoption hereof.
PASSED, APPROVED and ADOPTED this 21st day of December, 2010.
Aide Castro
Chair /Mayor
ATTEST:
Maria Quinonez
Secretary/City Clerk
Roger L. Haley
Executive Director /City Manager
APPROVED AS TO FORM:
Fred Galante
Agency Counsel /City Attorney
APPROVED AS TO CONTENT:
Sarah Magana Withers
Director of Redevelopment
3
DISPOSITION AND DEVELOPMENT AGREEMENT
Between and Among
LYNWOOD REDEVELOPMENT AGENCY,
a public body, corporate and politic
WJ
J.B. DEVELOPMENT GROUP, LLC,
a California limited liability company
(Muriel Drive and Thorson Avenue, City of Lynwood)
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS DISPOSITION AND DEVELOPMENT AGREEMENT ( "Agreement ") is entered into as
of the date executed by the Agency, between and among the LYNWOOD REDEVELOPMENT
AGENCY, a public body, corporate and politic ( "Agency "), and J.B. DEVELOPMENT
GROUP, LLC, a California limited liability company ( "Developer "). The parties agree as
follows:
1. ( §100) PURPOSE OF THE AGREEMENT
A. ( §101) Purpose of the Agreement
This Agreement and the Attachments hereto are intended to benefit the Redevelopment
Plan for Lynwood Redevelopment Project Area A ( "Redevelopment Project Area ") by providing
for the disposition and development of certain real property designated herein as the "Site" and
the development of the "Project" thereon (as those terms are defined herein). The development
of the Site pursuant to this Agreement, and the fulfillment generally of this Agreement, are in the
vital and best interests of the City of Lynwood ( "City ") and the welfare of its residents, and in
accordance with the public purposes and provisions of applicable federal, state and local laws
and requirements.
On May 6, 2008, following a competitive Request for Proposals process, Agency
evaluated the proposers and selected Developer to develop the Project. Although the Agency
intended to create an affordable housing development by assisting with the development
moderate income of owner- occupied dwelling units at the Site, the parties have discovered that
the site is not suitable for development of such assisted units in an economic manner. In fact,
none of the responses to the Request for Proposals offered a development project that would
make sensible, economic and efficient use of the Agency's limited low and moderate income
fund. Moreover, the severe economic recession facing the nation and resulting downward
pressure on real estate prices in Southern California, and Lynwood in particular, have created a
disincentive to restricted - income families from accepting long -term covenants where market -rate
housing can be secured for substantially similar pricing. As such, the Agency does not anticipate
that further investment of low and moderate income housing funds at this Site would be prudent
and in the community's best interests.
Additionally, the Site has remained vacant, underutilized and saddled with housing
foundations and related infrastructure installed by a former prospective developer of the Site,
which improvements have proved unlikely to be useable. This will require additional investment
to make the development of housing feasible and convert the underutilized and thus blighted Site
a successful housing development.
The Agency, therefore, wishes to sell the Site, located between Muriel Drive and Thorson
Avenue, immediately south of the I -105 Freeway in the City (APN: 6174 - 008 -901), at its
appraised fair market value and have Developer construct market rate housing to increase the
community's supply of such housing. The residential units that comprise the Project will contain
01095/0013/68828.5
appropriate covenants addressing requirements under the Community Redevelopment Law of the
State of California (Health and Safety Code Section 33000, et sect.) and the Redevelopment Plan.
II. ( §200) DEFINITIONS
The following terms as used in this Agreement shall have the meanings given unless
expressly provided to the contrary:
A. ( §201) Buyer/Renter
The term `Buyer/Renter" shall mean each person or persons who purchase a Single
Family Unit or each renter or renters who rent each unit of the Multi- Family Residential
Complex developed and maintained on the Site.
B. 0202) Agency
The term "Agency" shall mean the Lynwood Redevelopment Agency.
C. ( §203) Agreement
The term "Agreement' shall mean this entire Disposition and Development Agreement,
including all attachments, which attachments are a part hereof and incorporated herein in their
entirety, and all other documents incorporated herein by reference.
D. ( §204) CE A.
The term "CEQA" shall mean California Environmental Quality Act. The Project
involves the construction of an in -fill development project, which is an activity that is
Categorically Exempt from CEQA, pursuant to Section 15332 of the CEQA Guidelines.
E. ( §205) City
The term "City" shall mean the City of Lynwood, California.
F. ( §206) Closing
The term "Closing" or "Closing Date" shall mean the closing of the Escrow by the
Escrow Agent distributing the funds and documents received through Escrow to the party
entitled thereto as provided herein and further set forth at Section 403, which closing shall occur
on or before the date established at Section 403 and in the Schedule of Performance.
G. ( §207) Days
The term "days" shall mean calendar days and the statement of any time period herein
shall be calendar days, and not working days, unless otherwise specified.
H. ( §210) Deed.
2
Muriel/Thorson DDA
01095/0013/68828.5
The term "Deed" or "Grant Deed" shall mean that Grant Deed in substantially the form
attached hereto as Attachment No. 6 by which Agency as Grantor will convey fee title to the Site
to Developer as Grantee.
I. (§ 209) Deposit
The term "Deposit' shall have the meaning set forth in Section 514 herein.
1 ( §210) Effective Date
The Effective Date of this Agreement shall occur after public hearing and approval
hereof by the Agency and shall mean the date this Agreement is executed on behalf of the
Agency.
K. ( §211) Enforced Delay
The term "Enforced Delay" shall mean any delay described in Section 803 caused
without fault and beyond the reasonable control of a party, which delay shall justify an extension
of time to perform as provided in Section 803.
L. 0212) Escrow
The term "Escrow" shall mean the escrow established pursuant to this Agreement for the
conveyance of title to the Site from Agency to Developer.
M. ( §213) Escrow Agent
The term "Escrow Agent' shall mean Lawyers Title Insurance Corporation, 801 S.
Figueroa Street, Suite 870, Los Angeles, CA, 90017, with the escrow officer being Cheryl Greer
who may be contacted at phone (213) 330 -3080, fax 213- 330 -2315.
N. ( §214) Foundations
The term "Foundations" shall have the meaning set forth in Section B.3 of the Scope of
Development, Attachment No. 4.
O. 0215) Multi - Family Residential Complex
The term "Multi- Family Residential Complex" shall mean the multi - family complex
containing between 16 and 17 residential units be developed and maintained on the Site, as
further described in the Scope of Development.
P. 0216) Project
The term "Project' shall mean all of the improvements required to be constructed by
Developer on the Site and each parcel thereof pursuant to this Agreement, including, but not
limited to, the construction of buildings, glass and concrete work, landscaping, construction of
parking areas, and related improvements. The overall Project is more particularly described in
the Scope of Development attached hereto as Attachment No. 4. Upon completion, the Project,
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at Developer's option, but subject to securing land use approvals from City, will consist of either
(i) 6 or 7 Single Family Units, or (ii) a Multi- Family Residential Complex containing 16 or 17
separate residential units. The Residential Units will share a private driveway with outlets to
Muriel Drive and Thorson Avenue.
Q. ( §217) Purchase Price
The term "Purchase Price" shall mean that amount agreed upon by the parties as the price
to be paid by Developer to Agency for the purchase of the Site, which Purchase Price shall be the
amount of Two Hundred Thirty Thousand Dollars ($230,000.00). The Purchase Price shall be
payable before the Close of Escrow in accordance with Section 404 below
R. ( §218) Redevelopment Plan
The term "Redevelopment Plan" shall mean the Redevelopment Plan for Redevelopment
Project Area A in the City of Lynwood, as adopted by Ordinance No. 945 of the City Council on
July 10, 1973, as such Redevelopment Plan has been amended from time to time. Agency
hereby warrants and represents that the Redevelopment Plan was validly adopted and is in full
force and effect, that the applicable limitations period for challenging the validity of the
Redevelopment Plan has expired and that the Project is in accordance with and permissible under
the Redevelopment Plan. A copy of the Redevelopment Plan is on file in the office of the City
Clerk of the City, located at 11330 Bullis Road, Lynwood, California 90262. The
Redevelopment Plan is incorporated herein by reference and made a part hereof as though fully
set forth herein.
S. ( §219) Redevelopment Project Area
The term "Redevelopment Project Area" shall mean the Redevelopment Project Area A
and, located in the City of Lynwood, California. The exact boundary of the Redevelopment
Project Area is specifically described in the Redevelopment Plan.
T. ( §220) Regulatory Agreement
The term "Regulatory Agreement" shall mean that Regulatory Agreement attached hereto
as Attachment No. 7, running with the land and providing for the proper maintenance of
common facilities and improvements and the management and use of the Project, which also sets
forth the limitations on occupancy, residency or use of the Residential Units.
U. ( §221) Release of Construction Covenants
The term "Release of Construction Covenants" shall mean that document prepared in
accordance with Section 513 of this Agreement, in the form attached as Attachment No. 5, which
shall evidence that the construction and development of the improvements required by this
Agreement have been satisfactorily completed.
V. 0222) Residential Units
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The term "Residential Units" shall mean each dwelling unit of either the Single - Family
Units or Multi - Family Residential Complex developed on the Site.
W. ( §223) Schedule of Performance
The term "Schedule of Performance" shall mean that certain Schedule of Performance
attached hereto as Attachment No. 3.
X. ( §224) Scope of Development
The term "Scope of Development" shall mean that certain Scope of Development
attached hereto as Attachment No. 4.
Y. (§ 225) Single Family Units
The term "Single Family Units" shall mean the 6 or 7 new 2 -story single - family detached
homes containing 3 bedrooms, 2 bathrooms and two car garages to be developed and maintained
on the Site, as further described in the Scope of Development.
Z. (§ 226) Site.
The term "Site" shall mean the parcel of land owned by the Agency, which consists of
approximately 41,470 gross square feet of real property and which shall be transferred to
Developer pursuant to this Agreement to allow Developer to construct the Project. The Site is
legally described on Attachment No. 2.
AA. 0227) Site Map
The Project shall be located upon the Site, which is within the City, as shown in the "Site
Map" attached hereto as Attachment No. 1.
BB. ( §228) Title.
The term "Title" shall mean the fee title to the Site which shall be conveyed to Developer
pursuant to the Deed.
CC. ( §229) Title Company
The term "Title Company" shall mean Lawyers Title Insurance Corporation, 801 S.
Figueroa Street, Suite 870, Los Angeles, CA, 90017, with the title officer being Diane Greer who
may be contacted at (213) 330 -2330.
I11. ( §300) PARTIES TO THE AGREEMENT
A. 0301) Agency
Agency is a public body, corporate and politic, exercising governmental functions and
powers, organized and existing under the Community Redevelopment Law of the State of
California (Health and Safety Code Section 33000, et seq.). The office of Agency is located at
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11330 Bullis Road, Lynwood, California 90262. The term "Agency," as used in this Agreement,
includes the Lynwood Redevelopment Agency and any assignee of, or successor to, its rights,
powers and responsibilities.
B. ( §302) Developer
1. Identification Developer is J.B. DEVELOPMENT GROUP,
LLC, a California limited liability company, or its transferee as described in Section 303.3. The
principal office of Developer for the purposes of this Agreement is located at 8116 Eastern
Avenue, Bell Gardens, CA 90201. Developer warrants and represents to Agency that Developer
will be qualified to do business in good standing under the laws of the State of California and has
all requisite power and authority to carry out Developer's business as now and whenever
conducted and to enter into and perform Developer's obligations under this Agreement.
2. Successors and Assigns Except as may be expressly provided
herein below, all of the terms, covenants and conditions of this Agreement shall be binding on,
and shall inure to the benefit of, Developer and the permitted successors, assigns and nominees
of Developer as to each portion of the Site. Wherever the term "Developer" is used herein, such
term shall include any permitted successors and assigns of Developer as herein provided.
3. Qualifications The qualifications and identity of Developer are of
particular concern to the Agency, and it is because of such qualifications and identity that
Agency has entered into this Agreement with Developer. The Agency has considered the
experience, financial capability, and product being marketed by Developer, the Site location and
characteristics, the public costs of acquiring and developing the Site and return on investment,
and the product mix necessary to produce a Project. Based upon these considerations, the
Agency has imposed those restrictions on transfer set forth in this Agreement.
C. ( §303) Restrictions on Transfer
1. Transfer Defined As used in this section, the term "Transfer"
shall include any assignment, hypothecation, mortgage, pledge, conveyance, or encumbrance of
this Agreement, the Site, or the improvements thereon. A Transfer shall also include the transfer
to any person or group of persons acting in concert of more than twenty -five percent (25 %) of
the present ownership and/or control of Developer in the aggregate, taking all Transfers into
account on a cumulative basis, except transfers of such ownership or control interest between
members of the same immediate family, or Transfers to a trust, testamentary or otherwise, in
which the beneficiaries are limited to members of the Transferor's immediate family. In the
event Developer or its successor is a corporation or trust, such Transfer shall refer to the Transfer
of the issued and outstanding capital stock of Developer, or of beneficial interests of such trust.
In the event that Developer is a limited or general partnership, such Transfer shall refer to the
Transfer of more than twenty -five percent (25 %) of the limited or general partnership interest. In
the event that Developer is a joint venture, such Transfer shall refer to the Transfer of more than
twenty -five percent (25 %) of the ownership and/or control of any such joint venture partner,
taking all Transfers into account on a cumulative basis.
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2. Restrictions Prior to Completion Prior to issuance of the
Release of Construction Covenants, Developer shall not Transfer this Agreement or any of
Developer's rights hereunder, or any interest in the Site or in the improvements thereon, directly
or indirectly, voluntarily or by operation of law, except as provided below, without the prior
written approval of Agency, which shall not be unreasonably withheld, conditioned or delayed,
and if so purported to be Transferred, the same shall be null and void. In considering whether it
will grant approval to any Transfer by Developer of its interest in the Site before the issuance of
the Release of Construction Covenants, which Transfer requires Agency approval, Agency shall
consider factors such as (i) whether the completion or implementation of the Project is
jeopardized; (ii) the financial strength and capability of the proposed assignee to perform
Developer's obligations hereunder; and (iii) the proposed assignee's experience and expertise in
the planning, financing, development, ownership, and operation of similar projects.
In the absence of specific written agreement by Agency, prior to the
issuance of a Release of Construction Covenants, no Transfer by Developer of all or any portion
of its interest in the Site or this Agreement (including without limitation an assignment or
transfer not requiring Agency approval hereunder) shall be deemed to relieve it or any successor
party from any obligations under this Agreement with respect to the completion of the
development of the Project with respect to that portion of the Site which is so transferred. In
addition, no attempted assignment of any of Developer's obligations hereunder shall be effective
unless and until the successor party executes and delivers to Agency an assumption agreement,
in a form approved by the Agency, assuming such obligations.
3. Exceptions The foregoing prohibition shall not apply to any of
the following:
a. Any mortgage, deed of trust, or other form of conveyance
for financing, as provided in Section 512, but Developer shall notify Agency in advance
of any such mortgage, deed of trust, or other form of conveyance for financing pertaining
to the Site.
b. Any mortgage, deed of trust, or other form of conveyance
for restructuring or refinancing of any amount of indebtedness described in subsection (a)
above, provided that the amount of indebtedness incurred in the restructuring or
refinancing does not exceed the outstanding balance on the debt incurred to finance the
acquisition of and improvements on the Site, including any additional costs for
completion of construction, whether direct or indirect, based upon the estimates of
architects and/or contractors.
C. The granting of easements to any appropriate governmental
agency or utility or permits to facilitate the development of the Site.
d. A sale or Transfer resulting from or in connection with a
reorganization as contemplated by the provisions of the Internal Revenue Code of 1986,
as amended or otherwise, in which the ownership interests of a corporation are assigned
directly or by operation of law to a person or persons, firm or corporation which acquires
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the control of the voting capital stock of such corporation or all or substantially all of the
assets of such corporation.
e. A sale or Transfer of 49% or more of ownership or control
interest between members of the same immediate family, or Transfers to a trust,
testamentary or otherwise, in which the beneficiaries consist solely of immediate family
members of the Trustor or Transfers to a corporation or partnership in which the
immediate family members or share Agency's of the Transferor have a controlling
majority interest of 51% or more.
4. Restrictions After Completion It is hereby acknowledged by
Developer and Agency that the Site is being conveyed to the Developer at market value. As
such, subsequent to the issuance of the Release of Construction Covenants, Developer may sell,
Transfer, convey, hypothecate, assign or lease all or any portion of its interest in the Site, subject
only to the Transfer restrictions contained within the Deed or the Regulatory Agreement, as
applicable.
IV. ( §400) ACQUISITION AND DISPOSITION OF THE SITE
A. ( §401) Purchase Price
Developer shall acquire the Site from Agency for the Purchase Price of Two Hundred
Thirty Thousand and 00 /100 Dollars ($230,000.00), which represents the fair market value of the
Property, based on the April 19, 2010 appraisal prepared by Fred D. Campagna & Associates,
Developer shall pay the Purchase Price in the manner set forth in Section 405.4 herein.
B. (§ 402) Conveyance of the Site
In accordance with and subject to all of the terms, covenants and conditions of this
Agreement, Agency agrees to convey the Site to Developer subject to the terms of the
Regulatory Agreement and Developer agrees to accept and develop the Site with the Project as
described in the Scope of Development with the permissible uses as further described in Section
600.
C. ( §403) Escrow
Escrow shall be opened within the time period specified in the Schedule of Performance.
This Agreement shall constitute the joint escrow instructions of Agency and Developer for the
Site, and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the
opening of Escrow. Escrow Agent is empowered to act under these instructions. Agency and
Developer shall promptly prepare, execute, and deliver to the Escrow Agent such additional
escrow instructions consistent with the terms herein as shall be reasonably necessary. No
provision of any additional escrow instructions shall modify this document without specific
written approval of the modifications by both Developer and Agency.
Escrow shall close on or before January 24, 2010 being approximately 30 days
following Agency's approval of this Agreement ( "Closing Date "), unless extended or reduced by
mutual written agreement. The terms "Close of Escrow" or "Closing" are used herein to mean
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the time the Grant Deed (as hereinafter defined) is recorded in the Office of the County Recorder
of Los Angeles County, California. Subject to other provisions of this Agreement, the parties
will endeavor to close before the Closing Date.
D. ( §404) Conditions to Close of Escrow for Acquisition
1. Developer's Conditions to Closing Developer's obligation to
acquire the Site and to close Escrow hereunder, shall, in addition to any other conditions set forth
herein in favor of Developer, be conditional and contingent upon the satisfaction, or waiver by
Developer, of each and all of the following conditions (collectively, "Developer's Conditions to
Closing ") within the time provided in the Schedule of Performance:
a. Title shall be conveyed subject only to conditions and
exceptions recited in the Deed and the Regulatory Agreement.
b. Agency shall have deposited into escrow a certificate
( "FIRPTA Certificate ") in such form as may be required by the Internal Revenue service
pursuant to Section 1445 of the Internal Revenue Code.
C. Developer shall have obtained evidence of financing
commitments for the development of the Site in accordance with 407.1 — 407.4, and
Agency shall have approved such commitments.
d. Agency shall have deposited into escrow the executed
Grant Deed.
e. Developer shall have obtained from the City all required
approvals and permits, including site plan review, conditional use, subdivision, building,
grading, landscaping, and others for development of the Site as the Project.
Any waiver of the foregoing conditions must be express and in writing. In the event that
the foregoing conditions have not been satisfied within the time provided therefor in the
Schedule of Performance, either party may terminate this Agreement by delivering a written
notice in accordance with Section 410.
2. Agency's Conditions to Closing Agency's obligation to sell the
Site and to close escrow hereunder, shall, in addition to any other conditions set forth herein in
favor of Agency, be conditional and contingent upon the satisfaction, or waiver by Agency, of
each and all of the following conditions (collectively, "Agency's Conditions to Closing ") within
the time provided in the Schedule of Performance:
a. Developer shall have deposited into escrow the amount of
$220,000 representing the balance of the Purchase Price.
b. Developer shall have obtained evidence of financing
commitments for the acquisition and development of the Site in accordance with Sections
407.1 — 407.4, and Agency shall have approved such commitments.
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C. Developer shall have secured approval by Agency's
Executive Director of the Developer's conceptual plans and drawings for all
improvements to be constructed on the Site, subject to Developer securing appropriate
entitlements therefore including site plan review, conditional use, building, grading,
landscaping and other plans and drawings, as provided in Section 502.
d. Developer shall not have made or attempted to make a
Transfer in violation of Section 303, provided that Agency shall give notice of any
violation of Section 303 and afford Developer the opportunity to cure the violation.
C. Developer shall have deposited into escrow the executed
Regulatory Agreement.
f. Developer shall have deposited into escrow the Deposit.
g. Developer shall have deposited into escrow all the
documents required under Section 405.4.
Any waiver of the foregoing conditions must be express and in writing. In the event that
Developer fails to satisfy Agency's foregoing conditions or defaults in the performance of its
obligations hereunder, Agency may terminate this Escrow.
3. Both Parties' Conditions to Closing Prior to the Closing Date,
Developer and Agency shall execute and deliver a certificate ( "Taxpayer ID Certificate ") in such
form as may be required by the IRS pursuant to Section 6045 of the Internal Revenue Code, or
the regulations issued pursuant thereto, certifying as to the description of the Site, date of
closing, gross price, and taxpayer identification number for Developer and Agency. Prior to the
Closing, Developer and Agency shall cause to be delivered to the Escrow Agent such other
items, instruments and documents, and the parties shall take such further actions, as may be
necessary or desirable in order to complete the Closing. At the Closing neither party shall be in
breach of its obligations hereunder.
E. ( §405) Conveyance of the Site to Developer
1. Time for Conveyance Escrow shall close after satisfaction of all
conditions to close of Escrow, but not later than the date specified in the Schedule of
Performance, unless extended by the mutual agreement of the parties or any Enforced Delay.
Possession of the Site shall be delivered to Developer concurrently with the conveyance of title.
2. Escrow Agent to Advise of Costs On or before the date set in the
Schedule of Performance, the Escrow Agent shall advise the Agency and the Developer in
writing of the fees, charges, and costs necessary to clear title and close Escrow, and of any
documents which have not been provided by said party and which must be deposited in Escrow
to permit timely Closing.
3. Deposits By Agency Prior to Closing On or before, but not later
than 1:00 p.m. of the date set in the Schedule of Performance, Agency shall execute,
acknowledge and deposit into escrow (i) the Grant Deed; (ii) an estoppel certificate certifying
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that Developer has completed all acts, other than as specified, necessary for conveyance, if such
be the fact; and (iii) payment to Escrow Agent of Agency's share of costs as determined by the
Escrow Agent pursuant to Section 409
4. Deposits By Developer Prior to Closin>? On or before, but not
later than 1:00 p.m. of the date set in the Schedule of Performance, Developer shall execute and
acknowledge as may be required and deposit into escrow: (i) the $220,000 balance of the
Purchase Price; (ii) the Regulatory Agreement; (iii) an estoppel certificate certifying that Agency
has completed all acts, other than as specified, necessary to conveyance, if such be the fact; and
(iv) payment to Escrow Agent of Developer's share of costs as determined by the Escrow Agent
pursuant to Section 409.
5. Recordation and Disbursement of Funds Upon the completion
by the Agency and Developer of the deliveries and actions specified in these escrow instructions
precedent to Closing, the Escrow Agent shall be authorized to buy, affix and cancel any
documentary stamps and pay any transfer tax and recording fees, if required by law, and
thereafter cause to be recorded in the appropriate records of Los Angeles County, California, the
Deed, the Regulatory Agreement and any other appropriate instruments delivered through this
escrow, if necessary or proper to, and provided that the fee title interest can vest in Developer in
accordance with the terms and provisions herein. Concurrent with recordation, Escrow Agent
shall deliver the Title Policy to Developer insuring title and conforming to the requirements of
Section 406. Following recordation, the Escrow Agent shall deliver copies of said instruments to
Developer and Agency.
F. ( §406) Title Matters
1. Condition of Title Agency shall convey to Developer fee interest
in the entire Site, subject only to: (i) the Redevelopment Plan, this Agreement, conditions in the
Deed and the Regulatory Agreement; (ii) current taxes, a lien not yet payable; (iii) quasi - public
utility, public alley and public 'street easements of record approved by Developer, which
approval shall not be unreasonably withheld; and (iv) covenants, conditions and restrictions,
reciprocal easements, and other encumbrances and title exceptions approved by Developer under
this Section. Agency shall convey title pursuant to the Deed in the form set forth in Attachment
No. 6 hereto.
2. Agency Not to Encumber Site Agency hereby warrants to
Developer that it has not and will not, from the Effective Date of this Agreement through close
of Escrow, transfer, sell, hypothecate, pledge, or otherwise encumber the Site without express
written permission of Developer.
3. Approval of Title Exceptions Prior to the date in the Schedule of
Performance, Agency shall deliver a preliminary title report for the Site, dated no earlier than the
date of this Agreement to Developer including copies of all documents referenced therein. Prior
to the date in the Schedule of Performance, Developer shall deliver to Agency written notice,
with a copy to Escrow Agent, specifying in detail any exception disapproved and the reason
therefor. Prior to the date in the Schedule of Performance, Agency shall deliver written notice to
Developer as to whether Agency will or will not cure the disapproved exceptions. If Agency
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elects not to cure the disapproved exceptions, Developer may terminate this Agreement without
any liability of Agency to Developer, or Developer may withdraw its earlier disapproval. If
Agency elects to cure the disapproved exceptions, Agency shall do so on or before the close of
Escrow.
4. Title Policy At the close of escrow, Escrow Agent shall furnish
Developer with an ALTA Policy of Title Insurance ( "Title Policy ") for the Developer's interest
in the Site, wherein the Title Company shall insure that title to the Site shall be vested in
Developer, containing no exception to such title which has not been approved or waived by
Developer in accordance with this Section. The Title Policy shall include any available
additional title insurance, extended coverage or endorsements that Developer has reasonably
requested. The Agency shall pay only for that portion of the title insurance premium attributable
to the standard coverage. Developer shall pay for the premium for any additional title insurance,
extended coverage or special endorsements.
G. ( §407) Evidence of Financial Capability
Within the time set forth in the Schedule of Performance, Developer shall submit to
Agency's Executive Director for approval evidence reasonably satisfactory to the Executive
Director that Developer has the financial capability necessary for the acquisition of the Site and
development of the Project thereon pursuant to this Agreement. Such evidence of financial
capability shall include all of the following:
1. Reliable cost estimates for Developer's total cost of developing the
Project (including both "hard" and "soft" costs).
2. A complete copy of the construction loan commitment obtained by
Developer to finance the development of the Project, which complies with the restrictions of
Subsection 5.12.2, or such other documentation reasonably satisfactory to the Executive Director
sufficient to demonstrate that Developer has adequate funds available and committed to finance
the development of the Project.
3. A financial statement and/or other documentation reasonably
satisfactory to the Executive Director sufficient to demonstrate that Developer has adequate
funds available and/or committed to cover the difference between the development costs of the
Project (subparagraph (1) above) and the proceeds of the construction loan commitment
(subparagraph (2) above).
4. If applicable, a copy of the proposed contract between Developer
and its general contractor for all of the improvements required to be constructed by Developer
hereunder, certified by Developer to be a true and correct copy thereof. The Executive Director
shall also have the right to review and approve any revisions that are made to the proposed
contract after its approval by the Executive Director.
Developer covenants and agrees to take all action, famish all information, give all
consents and pay all sums reasonably required to keep the construction loan commitment in full
force and effect and shall comply in all material aspects with all conditions thereof, and shall
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promptly execute, acknowledge and deliver all applications, credit applications and data,
financial statements, and documents in connection therewith.
H. ( §408) Condition of Site
1. Site Assessment and Remediation Developer, at its sole cost
and responsibility, may investigate the Site to assess its environmental condition.
2. Disclaimer of Warranties Upon the Close of Escrow, Developer
shall acquire the Site in its "AS -IS" condition and shall be responsible for any defects in the Site,
whether patent or latent, including, without limitation, the physical, and geotechnical condition
of the Site. Agency makes no representation or warranty concerning the physical, geotechnical
or other condition of the Site, the suitability of the Site for the Project, or the present use of the
Site and specifically disclaims all representations or warranties of any nature concerning the Site
made by Agency or the City and their employees, agents and representatives. The foregoing
disclaimer includes, without limitation, topography, climate, air, water rights, utilities, present
and future zoning, soil, subsoil, the purpose for which the Site is suited, or drainage. Moreover,
Agency makes no representation or warranty concerning the compaction of soil upon the Site,
nor of the suitability of the soil for construction.
3. Right to Enter Site, Indemnification Developer shall have the
right to enter upon the Site to conduct soils, engineering, or other tests and studies, to perform
preliminary work or Site investigation or for any other purposes to carry out the terms of this
Agreement. Developer shall indemnify, defend and hold Agency harmless from and against any
claims, injuries or damages arising out of or involving any such entry or activity as provided in
Section 505. Any such activity shall be undertaken only after securing any necessary permits
from the appropriate governmental agencies and providing Agency with certificates of insurance
evidencing the coverages required in Section 506.
4. Hazardous Materials Developer understands and agrees that in
the event Developer incurs any loss or liability concerning Hazardous Materials (as hereinafter
defined) and/or oil wells and /or underground storage tanks and/or pipelines whether attributable
to events occurring prior to or following the Closing, then Developer may look to current or prior
owners of the Site, but under no circumstances shall Developer look to Agency or City for any
liability or indemnification regarding Hazardous Materials and/or oil wells and/or underground
storage tanks and/or pipelines. Developer, and each of the entities constituting Developer, if any,
from and after the Closing, hereby waives, releases, remises, acquits and forever discharges
Agency and City, their directors, officers, employees, and agents, and their respective heirs,
successors, personal representatives and assigns, of and from any and all Environmental Claims,
Environmental Cleanup Liability and Environmental Compliance Costs, as those terms are
defined below, and from any and all actions, suits, legal or administrative orders or proceedings,
demands, actual damages, punitive damages, loss, costs, liabilities and expenses which concern
or in any way relate to the physical or environmental conditions of the Site, the existence of any
Hazardous Material thereon, or the release or threatened release of Hazardous Materials
therefrom, whether existing prior to, at or after the Closing. It is the intention of the parties
pursuant to this release that any and all responsibilities and obligations of Agency and City, and
any and all rights, claims, rights of action, causes of action, demands or legal rights of any kind
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of Developer, its successors, assigns or any affiliated entity of Developer, against the Agency or
City, arising by virtue of the physical or environmental condition of the Site, the existence of any
Hazardous Materials thereon, or any release or threatened release of Hazardous Material
therefrom whether existing prior to, at or after the Closing, are by this Release provision declared
null and void and of no present or future force and effect as to the parties; provided, however,
that no parties other than the Indemnified Parties (defined below) shall be deemed third party
beneficiaries of such release. In connection therewith, Developer and each of the entities
constituting Developer, expressly agree to waive any and all rights which said party may
have under Section 1542 of the California Civil Code which provides as follows:
"A general release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor "
DEVELOPER'S INITIALS: AGENCY'S INITIALS:
Developer and each of the entities constituting Developer, shall, from and after the
Closing, defend, indemnify and hold harmless Agency and City and their officers, directors,
employees, agents and representatives (collectively, the "Indemnified Parties ") from and against
any and all Environmental Claims, Environmental Cleanup Liability, Environmental Compliance
Costs, and any other claims, actions, suits, legal or administrative orders or proceedings,
demands or other liabilities resulting at any time from the physical and/or environmental
conditions of the Site whether before or after the Closing or from the existence of any Hazardous
Materials or the release or threatened release of any Hazardous Materials of any kind
whatsoever, in, on or under the Site occurring at any time whether before or after the Closing,
including, but not limited to, all foreseeable and unforeseeable damages, fees, costs, losses and
expenses, including any and all attorneys' fees and environmental consultant fees and
investigation costs and expenses, directly or indirectly arising therefrom, and including fines and
penalties of any nature whatsoever, assessed, levied or asserted against any Indemnified Parties
to the extent that the fines and/or penalties are the result of a violation or an alleged violation of
any Environmental Law.
For purposes of this Section 408, the following terms shall have the following meanings:
a. "Environmental Claim" means any claim for personal
injury, death and/or property damage made, asserted or prosecuted by or on behalf of any
third party, including, without limitation, any governmental entity, relating to the Site or
its operations and arising or alleged to arise under any Environmental Law.
b. "Environmental Cleanup Liability" means any cost or
expense of any nature whatsoever incurred to contain, remove, remedy, clean up, or abate
any contamination or any Hazardous Materials on or under all or any part of the Site,
including the ground water thereunder, including, without limitation, (A) any direct costs
or expenses for investigation, study, assessment, legal representation, cost recovery by
governmental agencies, or ongoing monitoring in connection therewith and (B) any cost,
expense, loss or damage incurred with respect to the Site or its operation as a result of
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actions or measures necessary to implement or effectuate any such containment, removal,
remediation, treatment, cleanup or abatement.
C. "Environmental Compliance Cost" means any cost or
expense of any nature whatsoever necessary to enable the Site to comply with all
applicable Environmental Laws in effect. "Environmental Compliance Cost' shall
include all costs necessary to demonstrate that the Site is capable of such compliance.
d. "Environmental Law" means any federal, state or local
statute, ordinance, rule, regulation, order, consent decree, judgment or common -law
doctrine, and provisions and conditions of permits, licenses and other operating
authorizations relating to (A) pollution or protection of the environment, including
natural resources, (B) exposure of persons, including employees, to Hazardous Materials
or other products, raw materials, chemicals or other substances, (C) protection of the
public health or welfare from the effects of by- products, wastes, emissions, discharges or
releases of chemical sub - stances from industrial or commercial activities, or (D)
regulation of the manufacture, use or introduction into commerce of chemical substances,
including, without limitation, their manufacture, formulation, labeling, distribution,
transportation, handling, storage and disposal.
e. "Hazardous Material' is defined to include any hazardous
or toxic substance, material or waste which is or becomes regulated by any local
governmental authority, the State of California, or the United States Government. The
term "Hazardous Material' includes, without limitation, any material or substance which
is: (A) petroleum or oil or gas or any direct or derivate product or byproduct thereof, (B)
defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous
waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of
the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste
Control Law); (C) defined as a "hazardous substance" under Section 25316 of the
California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter- Presley - Tanner
Hazardous Substance Account Act); (D) defined as a "hazardous material," "hazardous
substance," or "hazardous waste" under Sections 255010) and (k) and 25501.1 of the
California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials
Release Response Plans and Inventory); (E) defined as a "hazardous substance" under
Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7
(Underground Storage of Hazardous Substances); (F) "used oil' as defined under Section
25250.1 of the California Health and Safety Code; (G) asbestos; (H) listed under Chapter
11 of Division 4.5 of Title 22 of the California Code of Regulations, or defined as
hazardous or extremely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of
the California Code of Regulations; (1) defined as waste or a hazardous substance
pursuant to the Porter- Cologne Act, Section 13050 of the California Water Code; (J)
designated as a "toxic pollutant' pursuant to the Federal Water Pollution Control Act, 33
U.S.C. § 1317; (K) defined as a "hazardous waste" pursuant to the Federal Resource
Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903); (L) defined
as a "hazardous substance" pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (42 U.S.C. § 9601); (M)
defined as "Hazardous Material' pursuant to the Hazardous Materials Transportation Act,
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49 U.S.C. § 5101 et seq.; or (N) defined as such or regulated by any "Superfund" or
"Superlien" law, or any other federal, state or local law, statute, ordinance, code, rule,
regulation, order or decree regulating, relating to, or imposing liability or standards of
conduct concerning Hazardous Materials and/or oil wells and /or underground storage
tanks and/or pipelines, as now, or at any time here - after, in effect.
Notwithstanding any other provision of this Agreement, Developer's release and
indemnification as set forth in the provisions of this Section, as well as all provisions of this
Section, shall survive the termination of this Agreement and shall continue in perpetuity.
I. ( §409) Costs of Escrow
1. Allocation of Costs The Escrow Agent is authorized to allocate
costs as follows: Agency shall pay the cost of the Title Policy as provided above while
Developer shall pay premiums for any additional insurance, extended coverage or special
endorsements. Agency shall pay the documentary transfer tax as well as all recording fees.
Developer and Agency shall each pay one -half of all escrow and similar fees, except that if one
party defaults under this Agreement, the defaulting party shall pay all Escrow fees and charges.
Each party shall pay its own attorneys' fees.
2. Proration and Adiustments Ad valorem taxes and assessments
on the Site and insurance for the current year shall be prorated by the Escrow Agent as of the
date of Closing with the Agency responsible for those levied, assessed or imposed prior to
Closing and the Developer responsible for those after Closing. If the actual taxes are not known
at the date of Closing, the proration shall be based upon the most current tax figures. When the
actual taxes for the year of Closing become known, Developer and Agency shall, within thirty
days thereafter, reprorate the taxes in cash between the parties.
3. Extraordinary Services of Escrow Agent It is understood that
Escrow fees and charges contemplated by this Agreement incorporate only the ordinary services
of the Escrow Agent as listed in these instructions. In the event that the Escrow Agent renders
any service not provided for in this Agreement or that there is any assignment of any interest in
the subject matter of this Escrow or that any controversy arises hereunder, or that the Escrow
Agent is made a party to, or reasonably intervenes in, any litigation pertaining to this Escrow or
the subject matter thereof, then the Escrow Agent shall be reasonably compensated for such
extraordinary services and reimbursed for all costs and expenses occasioned by such default,
controversy or litigation.
4. Escrow Agent's Right to Retain Documents Escrow Agent
shall have the right to retain all documents and/or other things of value at any time held by it
hereunder until such compensation, fees, costs and expenses shall be paid. The undersigned
hereby jointly and severally promise to pay such sums upon demand.
1 ( §410) Termination of Escrow
1. Termination Escrow may be terminated by demand of either
party who then shall have fully performed its obligations hereunder required to be performed by
the date of such demand if:
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a. The Conditions to Closing have not occurred or have not
been approved, disapproved, or waived as the case may be, by the approving party by the
date established herein for the occurrence of such Condition, including any grace period
pursuant to this Section; or
b. Either party is in breach of the terms and conditions of this
Agreement; or
C. Either party has been granted such right expressly in this
Agreement.
In the event of the foregoing, the terminating party may, in writing, demand return of its
money, papers, or documents from the Escrow Agent and shall deliver a copy of such demand to
the non - terminating party. No demand shall be recognized by the Escrow Agent until fifteen
(15) days after the Escrow Agent shall have mailed copies of such demand to the non-
terminating party, and if no objections are raised in writing to the terminating party and the
Escrow Agent by the non- terminating party within the fifteen (15) day period. In the event of
such objections, the opportunity to cure shall be provided as stated below in subsection 2 of this
Section. In addition, the Escrow Agent is authorized to hold all money, papers, and documents
until instructed in writing by both Developer and Agency or, upon failure thereof, by a court of
competent jurisdiction. If no such demands are made, the Escrow shall be closed as soon as
possible and neither party shall have any further liability to the other.
2. Opportunity to Cure Prior to Closing, in the event any of the
Conditions to Closing are not satisfied or waived by the party with the power to approve said
Conditions ( "approving party "), then such party shall explain in writing to the other party
( "nonapproving party ") the reason for the disapproval. Thereafter, the nonapproving party shall
have an additional thirty (30) days to satisfy any such Condition to Closing, and only if such
Conditions still cannot be satisfied may the approving party terminate the Escrow. hi the event
Escrow is not in a condition to close because of a default by any party, and the performing party
has made demand as stated in Subsection 1 of this Section, then upon the non - performing party's
delivering its objection to Escrow Agent and the performing party within the above thirty (30)
day period, the non - performing party shall have the right to cure the default in accordance with
and in the time provided in Section 701.
3. Other Duties upon Termination Upon termination of Escrow
pursuant to this Section for any reason, the Parties shall have the following duties and obligations
in addition to any others described above:
a. All plans, drawings, specifications, reports, and other
documents prepared by Developer or Developer's contractors or vendors shall become
the property of the Agency and shall be delivered to Agency by Developer within ten
(10) days of receipt of notice from Agency; provided that (i) Agency shall reimburse
Developer for the cost of preparing such plans, drawings, specifications, reports, and
other documents prepared by Developer's contractors or vendors (ii) all necessary third
party consents have been obtained, and (iii) such plans, drawings, specifications, reports,
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and other documents prepared by Developer's contractors or vendors shall be delivered
without any representation or warranty of Developer.
b In the event such termination is due to the default of
Developer, Agency shall be entitled to terminate this Agreement and to keep the Deposit
as a remedy for such default as Agency's sole and exclusive remedy. The parties hereby
agree that if Buyer defaults under this Agreement, then Seller shall be entitled to recover
from Buyer $10,000, the amount of the Deposit, as liquidated damages or compensation,
as the case may be, under this Agreement and that such recovery of the Deposit shall be
the sole and exclusive remedy of or compensation to Agency, as the case may be, as a
result of the Buyer's default under this Agreement.
Buyer's Initials Seller's Initials
d. In the event that the Site has been conveyed to Developer
prior to such termination, the Site shall be reconveyed to Agency within thirty (30) days
following such termination. Developer agrees to execute any documents and take all
actions necessary to accomplish the reconveyance.
K. ( §411) Responsibility of Escrow Agent
1. Deposit of Funds In accordance with Section 404, all funds
received in Escrow shall be deposited by the Escrow Agent in a special interest - bearing escrow
account with any state or national bank doing business in the State of California and may not be
combined with other escrow funds of Escrow Agent or transferred to any other general escrow
account or accounts.
2. Notices All communications from the Escrow Agent shall be
directed to the addresses and in the manner provided in Section 801 of this Agreement for
notices, demands and communications between Agency and Developer.
3. Sufficiency of Documents The Escrow Agent is not to be
concerned with the sufficiency, validity, correctness of form, or content of any document
prepared outside of Escrow and delivered to Escrow. The sole duty of the Escrow Agent is to
accept such documents and follow Developer's and Agency's instructions for their use.
4. Exculpation of Escrow Agent The Escrow Agent shall in no
case or event be liable for the failure of any of the Conditions to Closing of this Escrow, or for
forgeries or false impersonation, unless such liability or damage is the result of negligence or
willful misconduct by the Escrow Agent.
5. Responsibilities in the Event of Controversies If any
controversy documented in writing arises between Developer and Agency or with any third party
with respect to the subject matter of this Escrow or its terms or conditions, the Escrow Agent
shall not be required to determine the same, to return any money, papers or documents, or take
any action regarding the Site prior to settlement of the controversy by a final decision of a court
of competent jurisdiction or written agreement of the parties to the controversy. The Escrow
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Agent shall be responsible for timely notifying Developer and Agency of the controversy. In the
event of such a controversy, the Escrow Agent shall not be liable for interest or damage costs
resulting from failure to timely close escrow or take any other action unless such controversy has
been caused by the failure of the Escrow Agent to perform its responsibilities hereunder.
L. ( §412) Sale of the Residential Units.
Developer shall market and sell or rent each of the Residential Units for a price to
be determined by Developer's in its discretion. As further described in Subsection 602.3(a)
below, Developer shall conduct affirmative marketing and utilize affirmative marketing
procedures consistent with the Approved Marketing Program to effectively market and sell the
Residential Units to Buyers. Developer shall be solely responsible for selecting Buyers for the
Residential Units.
V. ( §500) DEVELOPMENT OF THE SITE.
A. ( §501) Scope of Development
The Project shall be developed by Developer as provided in the Scope of Development,
the Regulatory Agreement, and the plans and permits approved by Agency and City pursuant to
Section 502.
B. ( §502) Development Plans, Final Building Plans and Environmental
Review
1. Proposed Development's Consistency With Plan and Codes Agency
warrants and represents that the City's General Plan, Zoning Ordinance, and Redevelopment
Plan permit Developer's proposed development, and construction, operation, and use of the Site
as provided in this Agreement including, without limitation, the Scope of Development, subject
only to (i) approval of this Agreement pursuant to Health and Safety Code Sections 33433, and
(ii) those development approvals yet to be obtained, including Site Plan Review, conditional use
permit, and/or subdivision approval (if required); provided that it is expressly understood by the
parties hereto that Agency makes no representations or warranties with respect to approvals
required by any other governmental entity or with respect to approvals hereinafter required from
City and Agency, Agency and City reserving full police power authority over the Project.
Nothing in this Agreement shall be deemed to be a prejudgment or commitment with respect to
such items, nor a guarantee that such approvals or permits will be issued within any particular
time or with or without any particular conditions.
2. Evolution of Development Plan On or before the date set forth
in the Schedule of Performance, Developer shall submit to the City preliminary, and thereafter
final, drawings and specifications for development of the Site in accordance with the Scope of
Development and in accordance with the City's requirements. The term preliminary and final
drawings shall be deemed to include site plans, building plans and elevations, grading plans, if
applicable, landscaping plans, parking plans, signage, a description of structural, mechanical, and
electrical systems, and all other plans, drawings and specifications. Final drawings will be in
sufficient detail to obtain a building permit. Said plans, drawings and specifications shall be
consistent with the Scope of Development and the various development approvals referenced
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hereinabove, except as such items may be amended by City (if applicable) and by mutual consent
of Agency and Developer. Plans (concept, preliminary and construction) shall be progressively
more detailed and will be approved if a logical evolution of plans, drawings or specifications
previously approved. Plans in sufficient detail to obtain all discretionary land use approvals,
including for site plan approval, conditional use permit, and other actions requiring Planning
Commission approval, shall be submitted and processed concurrently for the Site.
3. Developer Best Efforts to Obtain Approvals Developer shall
exercise its best efforts to timely submit all documents and information necessary to obtain all
development and building approvals from the City in a timely manner. Not by way of limitation
of the foregoing, in developing and constructing the Project, Developer shall comply with all
applicable development standards in City's Municipal Code and shall comply with all building
code, landscaping, signage, and parking requirements, except as may be permitted through
approved variances and modifications.
4. Agency Assistance Subject to Developer's compliance with (i)
the applicable City and Agency development standards for the Site, and (ii) all applicable laws
and regulations governing such matters as public hearings, site plan review and environmental
review, Agency agrees to provide reasonable assistance to Developer, at no cost to Agency, in
the processing of Developer's submittals required under this Section. City or Agency's failure to
provide necessary approvals or permits within such time periods, after and despite Developer's
reasonable efforts to submit the documents and information necessary to obtain the same, shall
constitute an Enforced Delay.
5. Disapproval The Agency shall approve or disapprove any
submittal made by Developer pursuant to this Section within sixty (60) days after such submittal.
All submittals made by Developer will note the 60 -day time limit, and specifically reference this
Agreement and this Section. Any disapproval shall state in writing the reason for the disapproval
and the changes which the Agency requests be made. Developer shall make the required
changes and revisions and resubmit for approval as soon as is reasonably practicable but no more
than thirty (30) days after the date of disapproval. Thereafter, Agency shall have an additional
thirty (30) days for review of the resubmittal, but if the Agency disapproves the resubmittal, then
the cycle shall repeat, until the Agency's approval has been obtained. The foregoing time
periods may be shortened if so specified in the Schedule of Performance.
6. CE A. The Agency shall be the lead agency in the environmental
review process for the Project as required by the California Environmental Quality Act.
Developer specifically acknowledges and agrees that the Developer shall satisfy all conditions
necessary to ensure that the Project conforms to all applicable CEQA requirements. Developer
also agrees to supply information and otherwise assist Agency, upon Agency's request, to
determine the environmental impact of the proposed development and to allow Agency to
prepare and process such environmental documents needed for the development pursuant to the
requirements of CEQA.
C. ( §503) Developer Responsibilities During Construction
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The cost of constructing all of the improvements required to be constructed for the
Project shall be borne by Developer. No financial assistance is being provided by Agency to
Developer for the development of the Project. As such, the parties do not believe that the Project
would be considered to be a "public work" "paid for in whole or in part out of public funds," as
described in California Labor Code Section 1720. Notwithstanding the foregoing, to the extent
that (contrary to the parties' intent) Developer is required to or is determined to be responsible to
pay prevailing wages for the Project, Developer shall defend and hold the Agency and the City
harmless from and against any all increase in construction costs, or other liability, loss, damage,
costs, or expenses (including reasonable attorneys' fees and court costs) arising from or as a
result of any action or determination that any portion of the Project is subject to payment of
prevailing wages.
In addition, in developing the Site, Developer shall water the ground as reasonably
required by Agency, and take such other actions as Agency shall reasonably require to minimize
the impact of construction and airborne debris on nearby property.
D. ( §504) Schedule of Performance; Progress Reports
Subject to Section 803, Developer shall begin and complete all plans, reviews,
construction and development specified in the Scope of Development within the times specified
in the Schedule of Performance or such reasonable extensions of said dates as may be mutually
approved in writing by the parties.
Once construction is commenced, it shall be diligently pursued to completion, and shall
not be abandoned for more than thirty (30) consecutive days, except when due to an Enforced
Delay. Developer shall keep the Agency informed of the progress of construction and shall
submit monthly written reports of the progress of the construction to the Agency in the form
required by the Agency.
E. ( §505) Indemnification During Construction
During the periods of construction on the Site and until such time as the Agency has
issued a Release of Construction Covenants with respect to the construction of the improvements
thereon, the Developer agrees to and shall indemnify and hold the Agency and the City harmless
from and against all liability, loss, damage, costs, or expenses (including reasonable attorneys'
fees and court costs) arising from or as a result of the death of any person or any accident, injury,
loss, or damage whatsoever caused to any person or to the property of any person which shall
occur on the Site and which shall be directly or indirectly caused by any acts done thereon or any
errors or omissions of the Developer or its agents, servants, employees, or contractors. The
Developer shall not be responsible for (and such indemnity shall not apply to) any acts, errors, or
omissions of the Agency or the City, or their respective agents, servants, employees, or
contractors. The Agency and City shall not be responsible for any acts, errors, or omissions of
any person or entity except the Agency and the City and their respective agents, servants,
employees, or contractors, subject to any and all statutory and other immunities. The provisions
of this Section shall survive the termination of this Agreement.
F. ( §506) Insurance
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Except as provided in this Section, prior to the entry by Developer on the Site pursuant to
Section 408(3) and prior to the commencement of any construction by Developer on the Project,
Developer shall procure and maintain, at its sole cost and expense, in a form and content
satisfactory to Agency, during the entire term of such entry or construction, the following
policies of insurance:
1. Commercial General Liability Insurance A policy of
commercial general liability insurance written on a per occurrence basis in an amount not less
than a combined single limit of TWO MILLION DOLLARS ($2,000,000.00)
2. Worker's Compensation Insurance A policy of worker's
compensation insurance in such amount as will fully comply with the laws of the State of
California and which shall indemnify, insure and provide legal defense for the Developer,
Agency and the City against any loss, claim or damage arising from any injuries or occupational
diseases occurring to any worker employed by or any persons retained by the Developer in the
course of carrying out the work or services contemplated in this Agreement.
3. Automobile Insurance A policy of automobile liability
insurance written on a per occurrence basis in an amount not less than ONE MILLION
DOLLARS ($1,000,000.00) combined single limit per accident for bodily injury and property
damage covering owned, leased, hired, and non -owned vehicles.
4. Builder's Risk Insurance A policy of "Builder's Risk" insurance
covering the full replacement value of all of the improvements to be constructed by Developer
pursuant to this Agreement plus Developer's personal property and equipment. Developer shall
procure the builder's risk insurance policy prior to commencing construction.
All of the above policies of insurance, except the Builder's Risk Insurance, shall be
primary insurance and shall name Agency and City, and their officers, employees, and agents as
additional insureds. The insurer shall waive all rights of subrogation and contribution it may
have against Agency and City, and their officers, employees and agents and their respective
insurers. All of said policies of insurance shall provide that said insurance may not be amended
or cancelled without providing thirty (30) days prior written notice to Agency and City. In the
event any of said policies of insurance are cancelled, Developer shall, prior to the cancellation
date, submit new evidence of insurance in conformance with this Section to the Executive
Director. No work or services under this Agreement shall commence until the Developer has
provided Agency with Certificates of Insurance or appropriate insurance binders evidencing the
above insurance coverages and said Certificates of Insurance or binders are approved by Agency.
The policies of insurance required by this Agreement shall be satisfactory only if issued
by companies qualified to do business in California, rated "A" or better in the most recent edition
of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
financial category Class VII or better, unless such requirements are waived by the Risk Manager
of the City ( "Risk Manager ") due to unique circumstances.
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Developer shall provide in all contracts with contractors, subcontractors, architects, and
engineers that said contractor, subcontractor, architect, or engineer shall maintain the same
policies of insurance required to be maintained by Developer pursuant to this Section.
The Developer agrees that the provisions of this Section shall not be construed as limiting
in any way the extent to which the Developer may be held responsible for the payment of
damages to any persons or property resulting from the Developer's activities or the activities of
any person or persons for which the Developer is otherwise responsible.
G. ( §507) City and Other Governmental Agency Permits
Before commencement of construction or development of any buildings, structures, or
other works of improvement upon the Site which are Developer's responsibility under the
applicable Scope of Development, Developer shall at his own expense secure or cause to be
secured any and all permits which may be required by City or any other governmental agency
affected by such construction, development or work. Developer shall not be obligated to
construct if any permit is not issued despite good faith effort by Developer. If there is delay
beyond the usual time for obtaining any such permits due to no fault of Developer, the Schedule
of Performance shall be extended to the extent such delay prevents any action which could not
legally or would not in accordance with good business practices be expected to occur before such
permit was obtained. Developer shall pay all normal and customary fees and charges applicable
to such permits and any fees or charges hereafter imposed by City or Agency which are standard
for and uniformly applied to similar projects in the City.
H. ( §508) Rights of Access
Representatives of the Agency shall have the reasonable right to access the Site without
charges or fees, at any time during normal construction hours during the period of construction
and upon reasonable notice to Developer, for the purpose of assuring compliance with this
Agreement, including but not limited to the inspection of the construction work being performed
by or on behalf of Developer. Such representatives of Agency shall be those who are so
identified in writing by the Executive Director of Agency. Each such representative of Agency
shall identify himself or herself at the job site office upon his or her entrance to the Site, and
shall provide Developer, or the construction superintendent or similar person in charge on the
Site, a reasonable opportunity to have a representative accompany him or her during the
inspection. Agency shall indemnify, defend, and hold Developer harmless from any injury or
property damage caused or liability arising out of Agency's exercise of this right of access.
I. 0509) Applicable Laws
Developer shall carry out the construction of the improvements to be constructed by
Developer in conformity with all applicable laws, including all applicable federal and state labor
laws.
J• ( §510) Nondiscrimination During Construction
Developer, for himself and his successors and assigns, agrees that in the construction of
the improvements to be constructed by Developer, it shall not discriminate against any employee
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or applicant for employment because of race, color, creed, religion, sex, marital status, ancestry
or national origin.
K. ( §511) Taxes, Assessments, Encumbrances and Liens
Developer shall pay, prior to delinquency, all real estate taxes and assessments assessed
or levied subsequent to conveyance of title. Until the date Developer is entitled to the issuance
by Agency of a Release of Construction Covenants, Developer shall not place or allow to be
placed thereon any mortgage, trust deed, encumbrance or lien (except mechanic's liens prior to
suit to foreclose the same being filed) prohibited by this Agreement. Developer shall remove or
have removed any levy or attachment made on the Site, or assure the satisfaction thereof, within
a reasonable time, but in any event prior to a sale thereunder. Nothing herein contained shall be
deemed to prohibit Developer from contesting the validity or amounts of any tax, assessment,
encumbrance or lien, or to limit the remedies available to Developer in respect thereto.
L. ( §512) Rights of Holders of Approved Security Interests in Site
1. Definitions As used in this Section, the term "mortgage" shall
include any mortgage, whether a leasehold mortgage or otherwise, deed of trust, or other security
interest, or sale and lease -back, or any other form of conveyance for financing. The term
"holder" shall include the holder of any such mortgage, deed of trust, or other security interest,
or the lessor under a lease -back, or the grantee under any other conveyance for financing.
2. No Encumbrances Except Mortgages to Finance the Project.
Notwithstanding the restrictions on transfer in Section 303, mortgages required for any
reasonable method of financing Developer's acquisition of the Site and development of the
Project are permitted before issuance of a Release of Construction Covenants but only for the
purpose of securing loans of funds used or to be used for financing Developer's direct and
indirect costs for acquisition of the Site, for the construction of improvements thereon, and for
any other expenditures necessary and appropriate to develop the Site under this Agreement, or
for restructuring or refinancing any of same, so long as the refinancing does not exceed the sum
of the then- outstanding balance of the existing financing plus any applicable loan fees or
refinancing costs plus any additional amounts that may be reasonably necessary to complete
development of the Project. The Developer (or any entity permitted to acquire title under this
Section) shall notify the Agency in advance of any mortgage, if the Developer or such entity
proposes to enter into the same before issuance of the Release of Construction Covenants. The
Developer or such entity shall not enter into any such conveyance for financing without the prior
written approval of the Agency as provided in Section 407. Any lender approved by the Agency
pursuant to Section 407 shall not be bound by any amendment, implementation, or modification
to this Agreement subsequent to its approval without such lender giving its prior written consent
thereto. In any event, the Developer shall promptly notify the Agency of any mortgage,
encumbrance, or lien that has been created or attached thereto prior to issuance of a Release of
Construction Covenants, whether by voluntary act of the Developer or otherwise.
3. Developer's Breach Not to Defeat Mortgage Lien Developer's
breach of any of the covenants or restrictions contained in this Agreement shall not defeat or
render invalid the lien of any mortgage made in good faith and for value as to the Site, or any
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part thereof or interest therein, but unless otherwise provided herein, the terms, conditions,
covenants, restrictions, easements, and reservations of this Agreement shall be binding and
effective against the holder of any such mortgage of the Site whose interest is acquired by
foreclosure, trustee's sale or otherwise.
4. Holder Not Obligated to Construct or Complete
Improvements The holder of any mortgage shall in no way be obligated by the provisions of
this Agreement to construct or complete the improvements or to guarantee such construction or
completion. Nothing in this Agreement shall be deemed or construed to permit or authorize any
such holder to devote the Site or any portion thereof to any uses, or to construct any
improvements thereon, other than those uses or improvements provided for or authorized by this
Agreement.
5. Notice of Default to Mortgages, Deed of Trust or other
Security Interest Holders Whenever Agency shall deliver any notice or demand to Developer
with respect to any breach or default by Developer hereunder, Agency shall at the same time
deliver a copy of such notice or demand to each holder of record of any mortgage who has
previously made a written request to Agency therefor, or to the representative of such lender as
may be identified in such a written request by the lender. No notice of default shall be effective
as to the holder unless such notice is given.
6. Right to Cure Each holder (insofar as the rights of Agency are
concerned) shall have the right, at its option, within ninety (90) days after the receipt of the
notice, to:
a. Obtain possession, if necessary, and to commence and
diligently pursue said cure until the same is completed, and
b. Add the cost of said cure to the security interest debt and
the lien or obligation on its security interest.
In the event there is more than one such holder, the right to cure or remedy a breach or
default of Developer under this Section shall be exercised by the holder first in priority or as the
holders may otherwise agree among themselves, but there shall be only one exercise of such
right to cure and remedy a breach or default of Developer under this Section.
No holder shall undertake or continue the construction or completion of the
improvements (beyond the extent necessary to preserve or protect the improvements or
construction already made) without first having expressly assumed Developer's obligations to
Agency by written agreement satisfactory to Agency with respect to the Site or any portion
thereof in which the holder has an interest. The holder must agree to complete, in the manner
required by this Agreement, the improvements to which the lien or title of such holder relates,
and submit evidence satisfactory to the Agency that it has the qualifications and financial
responsibility necessary to perform such obligations. Any holder properly completing such
improvements shall be entitled, upon written request made to Agency, to a Release of
Construction Covenants from Agency.
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7. Agency's Rights upon Failure of Holder to Complete
Improvements In any case where one hundred eighty (180) days after default by Developer in
completion of construction of improvements under this Agreement, the Holder of any mortgage
creating a lien or encumbrance upon the Site or improvements thereon has not exercised the
option to construct afforded in this Section or if it has exercised such option and has not
proceeded diligently with construction, Agency may, after ninety (90) days' notice to such
holder and if such holder has not exercised such option to construct within said ninety (90) day
period, purchase the mortgage, upon payment to the holder of an amount equal to the sum of the
following:
a. The unpaid mortgage debt plus any accrued and unpaid
interest (less all appropriate credits, including those resulting from collection and
application of rentals and other income received during foreclosure proceedings, if any);
b. All expenses incurred by the holder with respect to
foreclosure, if any;
C. The net expenses (exclusive of general overhead), incurred
by the holder as a direct result of the ownership or management of the Site, such as
insurance premiums or real estate taxes, if any;
d. The costs of any improvements made by such holder, if
any; and
e. An amount equivalent to the interest that would have
accrued on the aggregate of such amounts had all such amounts become part of the
mortgage debt and such debt had continued in existence to the date of payment by the
Agency.
In the event that the holder does not exercise its option to construct afforded in this
Section, and Agency elects not to purchase the mortgage of holder, upon written request by the
holder to Agency, Agency agrees to use reasonable efforts to assist the holder selling the holder's
interest to a qualified and responsible party or parties (as determined by Agency), who shall
assume the obligations of making or completing the improvements required to be constructed by
Developer, or such other improvements in their stead as shall be satisfactory to Agency. The
proceeds of such a sale shall be applied first to the holder of those items specified in
subparagraphs a. through e. hereinabove, and any balance remaining thereafter shall be applied
as follows:
(1) First, to reimburse Agency, on its own behalf and on behalf
of the City, for all costs and expenses actually and reasonably incurred by Agency, including but
not limited to payroll expenses, management expenses, legal expenses, and others.
(2) Second, to reimburse Agency, on its own behalf and on
behalf of the City, for all payments made by Agency to discharge any other encumbrances or
liens on the Site or to discharge or prevent from attaching or being made any subsequent
encumbrances or liens due to obligations, defaults, or acts of Developer, its successors or
transferees.
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(3) Third, to reimburse Agency, on its own behalf and on
behalf of the City, for all costs and expenses actually and reasonably incurred by Agency, in
connection with its efforts assisting the holder in selling the holder's interest in accordance with
this Section.
(4) Fourth, any balance remaining thereafter shall be paid to
Developer.
8. Right of Agency to Cure Mortgage, Deed of Trust or Other
Security Interest Default In the event of a default or breach by Developer (or entity permitted
to acquire title under this Section) of a mortgage prior to the issuance by Agency of a Release of
Construction Covenants for the Site or portions thereof covered by said mortgage, and the holder
of any such mortgage has not exercised its option to complete the development, Agency may
cure the default prior to completion of any foreclosure. In such event, Agency shall be entitled
to reimbursement from Developer or other entity of all costs and expenses incurred by Agency in
curing the default, to the extent permitted by law, as if such holder initiated such claim for
reimbursement, including legal costs and attorneys' fees, which right of reimbursement shall be
secured by a lien upon the Site to the extent of such costs and disbursements. Any such lien shall
be subject to:
a. Any mortgage for financing permitted by this Agreement;
and
b. Any rights or interests provided in this Agreement for the
protection of the holders of such mortgages for financing;
provided that nothing herein shall be deemed to impose upon Agency any affirmative
obligations (by the payment of money, construction or otherwise) with respect to the Site in the
event of its enforcement of its lien.
9. Right of Agency to Satisfy Other Liens on the Site After
Conveyance of Title After the conveyance of title and prior to the recordation of a Release of
Construction Covenants for construction and development, and after the Developer has had a
reasonable time to challenge, cure, or satisfy any liens or encumbrances on the Site or any
portion thereof, the Agency shall have the right to satisfy any such liens or encumbrances;
provided, however, that nothing in this Agreement shall require the Developer to pay or make
provision for the payment of any tax, assessment, lien or charge so long as the Developer in good
faith shall contest the validity or amount thereof, and so long as such delay in payment shall not
subject the Site or any portion thereof to forfeiture or sale.
M. Q513) Release of Construction Covenants
Upon the completion of all construction required to be completed by Developer on the
Site, Agency shall furnish Developer with a Release of Construction Covenants for the Site in
the form attached hereto as Attachment No. 5 upon written request therefore by Developer. The
Release of Construction Covenants shall be executed and notarized so as to permit it to be
recorded in the office of the Recorder of Los Angeles County. A Release of Construction
Covenants shall be, and shall state that it constitutes, conclusive determination of satisfactory
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completion of the construction and development of the improvements required by this
Agreement upon the Site and of full compliance with the terms of this Agreement with respect
thereto.
After the issuance of a Release of Construction Covenants, any party then owning or
thereafter purchasing, leasing or otherwise acquiring any interest in the Site shall not (because of
such ownership, purchase, lease, or acquisition) incur any obligation or liability under this
Agreement with respect to the Site, except that such party shall be bound by the covenants,
encumbrances, and easements contained in the Deed and the Regulatory Agreement attached
hereto. After issuance of a Release of Construction Covenants, the Agency shall not have any
rights or remedies under this Agreement with respect to the Site, except as otherwise set forth or
incorporated in the Deed or the Regulatory Agreement.
Agency shall not unreasonably withhold a Release of Construction Covenants. If Agency
refuses or fails to furnish a Release of Construction Covenants within thirty (30) days after
written request from Developer or any entity entitled thereto, Agency shall provide a written
statement of the reasons Agency refused or failed to furnish a Release of Construction
Covenants. The statement shall also contain Agency's opinion of the action Developer must take
to obtain a Release of Construction Covenants. If the reason for such refusal is confined to the
immediate availability of specific items or materials for landscaping, or other minor so- called
"punch list" items, Agency will issue its Release of Construction Covenants upon the posting of
a bond in an amount representing one hundred fifty percent (150 %) of the fair value of the work
not yet completed or other assurance reasonably satisfactory to Agency.
A Release of Construction Covenants shall not constitute evidence of compliance with or
satisfaction of any obligation of Developer to any Agency of a mortgage, or any insurer of a
mortgage securing money loaned to finance the improvements, or any part thereof. Such Release
of Construction Covenants is not notice of completion as referred to in the California Civil Code
Section 3093. Nothing herein shall prevent or affect Developer's right to obtain a Certificate of
Occupancy from the City before the Release of Construction Covenants is issued.
N. (§ 514) Deposit
Following the selection of Developer, and in accordance with the terms of the March 20,
2008 Request for Proposals issued by the Agency, on or about April 29, 2009, Developer
submitted to Agency a deposit check in the amount of Ten Thousand Dollars ($10,000)
( "Deposit "), which Deposit shall be used toward Buyer's payment of the Purchase Price. The
Deposit shall be subject to Subsection 4.10., 3.b for any default of Buyer.
O. ( §515) Estoppels
No later than thirty (30) days after the request of Developer or any Agency of a mortgage
or deed of trust, Agency shall, from time to time and upon the request of such Agency, execute
and deliver to Developer or such Agency a written statement of Agency that no default or breach
exists (or would exist with the passage of time, or giving of notice or both) by Developer under
this Agreement, if such be the determination of the Agency, and certifying as to whether or not
Developer has at the date of such certification complied with any obligation of Developer
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hereunder as to which such Agency may inquire. The form of any estoppel letter shall be
prepared by the Agency or Developer and shall be at no cost to Agency.
VI. ( §600) USES AND MAINTENANCE OF THE SITE
A. (§6111) Uses of the Site
The Developer covenants and agrees for itself, its successors, its assigns and every
successor in interest that during construction and thereafter, the Developer, such successors and
such assigns shall devote the Site to the uses as follows:
The Developer covenants and agrees for itself, its successors and assigns, which
covenants shall run with the land and bind every successor or assign in interest of Developer,
that during development of the Site pursuant to this Agreement and thereafter, neither the Site
nor the improvements, nor any portion thereof, shall be improved, used or occupied in violation
of any applicable governmental restrictions or the restrictions of this Agreement. Furthermore,
Developer and its successors and assigns shall not initiate, maintain, commit, or permit the
maintenance or commission on the Site or in the improvements, or any portion thereof, of any
nuisance, public or private, as now or hereafter defined by any statutory or decisional law
applicable to the Site or the improvements, or any portion thereof. Developer further covenants
and agrees on behalf of itself and its successors and assigns to devote, use, operate and maintain
the Site in accordance with this Agreement, the Grant Deed, the Regulatory Agreement, and the
other documents recorded against the Site should the Project be developed with a Multi- Family
Residential Complex, or each parcel thereof should the Project be developed with Single - Family
Units, pursuant to the provisions of this Agreement.
Notwithstanding anything to the contrary or that appears to be to the contrary in this
Agreement, Developer hereby covenants, on behalf of itself, and its successors and assigns,
which covenants shall run with the land and bind every successor and assign in interest of
Developer, that Developer and such successors and assigns shall use the Site solely for the
purpose of constructing, maintaining and operating a project meeting the requirements and
restrictions of this Agreement, including, without limitations, restriction applicable to the
Residential Units.
B. ( §602) Housing Development
1. Construction of Residential Units The Developer covenants and
agrees to construct either (i) six (6) or seven (7) Single - Family Units or (ii) a Multi - Family
Residential Complex containing sixteen (16) or seventeen (17) residential units, as described on
the Scope of Development. Each of the Residential Units shall be restricted for sale or lease in
accordance with the Regulatory Agreement. The location, size and specifications of the
Residential Units shall be as set forth in the Scope of Development and as further designated by
the Agency.
2. Residential Unit Requirements Each of the Residential Units
constructed pursuant to this Agreement shall be occupied by Buyer/Renter selected in
accordance with the Approved Marketing Program. No restrictions upon purchase or lease and
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use of each Residential Unit shall be required by the Agency from either the close of Escrow for
the initial purchase or initial lease of each Residential Unit by the Developer to a Buyer/Renter.
3. Selling of Residences by Developer Prior to the deadline
specified in the Schedule of Performance, Developer shall prepare and obtain Agency's approval
(which shall not be unreasonably withheld) of a marketing and selling program ( "Approved
Marketing Program ") for the selection of purchasers or tenants for the Residential Units at the
Project. The Approved Marketing Program shall include methods for informing the public of
fair housing laws and opportunities. The Residential Units shall thereafter be marketed in
accordance with the Approved Marketing Program as the same may be amended by Developer
from time to time with Agency's prior written approval, which shall not be unreasonably
withheld. Agency agrees to exercise reasonable efforts to assist Developer in connection with
implementation of the Approved Marketing Program; provided, Agency shall not be under any
obligation to incur any out -of- pocket expenses in connection therewith.
C. ( §603) Obligation to Refrain from Discrimination.
(i) General.
There shall be no discrimination against, or segregation of, any persons, or group of
persons, on account of race, color, creed, religion, sex, marital status, national origin or ancestry
in the rental, sale, lease, sublease, transfer, use, occupancy, or enjoyment of the Site, or any
portion thereof, nor shall Developer, or any person claiming under or through Developer,
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 Site or any portion thereof (except as permitted by this Agreement). The
nondiscrimination and nonsegregation covenants contained herein shall remain in effect in
perpetuity.
(ii) Form of Nondiscrimination and Nonsegregation Clauses.
Subject to the tenancy /occupancy restrictions on the Residential Units not prohibited by
federal law as embodied in this Agreement, which may modify the following nondiscrimination
clauses, the following shall apply: Developer shall refrain from restricting the rental, sale, or
lease of any portion of the Site on the basis of race, color, creed, religion, sex, marital status,
ancestry or national origin of any person. All such deeds, leases or contracts shall contain or be
subject to substantially the following nondiscrimination or nonsegregation clauses:
1. Deeds In Deeds the following language shall appear:
"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 race, color, creed, religion, sex, marital status, national origin or ancestry in
the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein
conveyed, nor shall the grantee, or any persons 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,
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subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants
shall run with the land."
2. Leases In Leases the following language shall appear:
"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 race, color, creed, religion, sex, marital status, national origin or ancestry in the
leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises
herein leased nor shall the lessee, 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."
3. Contracts Any contracts which Developer or Developer's
heirs, executors, administrators, or assigns propose to enter into for the sale, transfer, or
leasing of the Site shall contain a nondiscrimination and nonsegregation clause
substantially as set forth in Section 603 and in this Section. Such clause shall bind the
contracting party and subcontracting party or transferee under the instrument.
D. ( §604) Maintenance of Improvements
Developer covenants and agrees for itself, its successors and assigns, and every successor
in interest to the Site or any part thereof, that, after Agency's issuance of its Release of
Construction Covenants, that Developer shall be responsible for maintenance of all
improvements that may exist on the Site from time to time, including without limitation
buildings, parking lots, lighting, signs, and walls, in first -class condition and repair, and shall
keep the Site free from any accumulation of debris or waste materials. Developer shall also
maintain all landscaping required pursuant to Developer's approved landscaping plan in a
healthy condition, including replacement of any dead or diseased plants. The foregoing
maintenance obligations shall run with the land in accordance with and for the term of the
Regulatory Agreement. Developer's further obligations to maintain the Site, and Agency's
remedies in the event of Developer's default in performing such obligations, are set forth in the
Regulatory Agreement. Developer hereby waives any notice, public hearing, and other
requirements of the public nuisance laws and ordinances of the City that would otherwise apply,
except as specified in said Regulatory Agreements. Upon the sale of any portion of the Site,
Developer (but not Developer's successors, or any Buyer/Renter) shall be released from the
requirements imposed by this Section 605, and the financial liability therefor, as to the portion of
the Site conveyed. Developer or its successor shall remain obligated under this Section 605
following the rental of any of the Residential Units.
E. ( §605) Effect of Covenants
Agency is deemed a beneficiary of the terms and provisions of this Agreement and of the
restrictions and covenants running with the land, whether appearing in the Deed or the
Regulatory Agreement, for and in its own right for the purposes of protecting the interests of the
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community in whose favor and for whose benefit the covenants running with the land have been
provided. The covenants in favor of Agency shall run without regard to whether Agency has
been, remains or is an owner of any land or interest therein in the Site, or benefits the
Redevelopment Project Area, and shall be effective as both covenants and equitable servitudes
against the Site. Agency shall have the right, if any of the covenants set forth in this Agreement
which are provided for its benefit are breached, to exercise all rights and remedies and to
maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing
of such breaches to which it may be entitled. With the exception of the City, no other person or
entity shall have any right to enforce the terms of this Agreement under a theory of third -party
beneficiary or otherwise. The covenants running with the land and their duration are set forth in
the Deed and the Regulatory Agreement.
VIL ( §700) DEFAULTS, REMEDIES AND TERMINATION
A. ( §701) Defaults, Right to Cure and Waivers
Subject to any Enforced Delay, failure or delay by either party to timely perform any
covenant of this Agreement constitutes a default under this Agreement, but only if the party who
so fails or delays does not commence to cure, correct or remedy such failure or delay within
thirty (30) days after receipt of a written notice specifying such failure or delay, and does not
thereafter prosecute such cure, correction or remedy with diligence to completion.
The injured party shall give written notice of default to the party in default, specifying the
default complained of by the injured party. Except as required to protect against further
damages, the injured party may not institute proceedings against the party in default until thirty
(30) days after giving such notice. Failure or delay in giving such notice shall not constitute a
waiver of any default, nor shall it change the time of default.
Except as otherwise provided in this Agreement, waiver by either party of the
performance of any covenant, condition or promise, shall not invalidate this Agreement, nor shall
it be considered a waiver of any other covenant, condition, or promise. Waiver by either party of
the time for performing any act shall not constitute a waiver of time for performing any other act
or an identical act required to be performed at a later time. The delay or forbearance by either
party in exercising any remedy or right as to any default shall not operate as a waiver of any
default or of any rights or remedies or to deprive such party of its right to institute and maintain
any actions or proceedings which it may deem necessary to protect, assert, or enforce any such
rights or remedies.
B. ( §702) Legal Actions
1. Institution of Legal Actions In addition to any other rights or
remedies, and subject to the requirements of Section 801, either party may institute legal action
to cure, correct or remedy any default, to recover damages for any default, or to obtain any other
remedy consistent with the purpose of this Agreement. Legal actions must be instituted and
maintained in the Superior Court of Los Angeles County, State of California, in any other
appropriate court in that county, or in the Federal District Court in the Central District of
California.
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2. Applicable Law and Forum The laws of the State of California
shall govern the interpretation and enforcement of this Agreement.
3. Acceptance of Service of Process In the event that any legal
action is commenced by Developer against Agency, service of process on Agency shall be made
by personal service upon the Executive Director or the Secretary of Agency or in such other
manner as may be provided by law.
In the event that any legal action is commenced by Agency against Developer, service of
process on Developer shall be made in such manner as may be provided by law and shall be
valid whether made within or outside of the State of California.
C. ( §703) Rights and Remedies Cumulative
Except as otherwise expressly stated in this Agreement, the rights and remedies of the
parties are cumulative, and the exercise by either party of one or more of its rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
D. ( §704) Specific Performance
In addition to any other remedies permitted by this Agreement, if either party defaults
hereunder by failing to perform any of its obligations herein, each party agrees that the other
shall be entitled to the judicial remedy of specific performance, and each party agrees (subject to
its reserved right to contest whether in fact a default does exist) not to challenge or contest the
appropriateness of such remedy. In this regard, Developer specifically acknowledges that
Agency is entering into this Agreement for the purpose of assisting in the redevelopment of the
Site and not for the purpose of enabling Developer to speculate with land.
E. 0705) Right of Reverter
The Agency shall have the right, at its option, to reenter and take possession of the Site or
any portion thereof with all improvements thereon and to terminate and revest in the Agency the
estate conveyed to the Developer, if after conveyance of the estate and prior to the recordation of
the Release of Construction Covenants, the Developer (or his successors in interest) shall:
1. Fail to commence construction of the improvements as required by
this Agreement, if such failure is in violation of the Schedule of Performance, for a period of 90
days after issuance of a building permit, provided that the Developer shall not have obtained an
extension or postponement to which the Developer may be entitled pursuant to this Agreement;
or
2. Abandon or substantially suspend construction of the
improvements for a period of 90 days after written notice of such abandonment or suspension
from the Agency, provided that the Developer shall not have obtained an extension of time to
which the Developer may be entitled pursuant to this Agreement; or
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3. Assign or attempt to assign this Agreement, or any rights herein, or
Transfer, or suffer any involuntary Transfer of, the Site, or any part thereof, in violation of this
Agreement, and such violation shall not be cured within one hundred twenty (120) days after the
date of receipt of written notice thereof by the Agency to the Developer
The right to re- enter, repossess, terminate, and revest shall be subject to and be limited by
and shall not defeat, render invalid, or limit:
i. Any mortgage, deed of trust, or other security interests
permitted by this Agreement; or
ii. Any rights or interests provided in this Agreement for the
protection of the Agency of such mortgages, deeds of trust, or other security
interests permitted by this Agreement.
Upon the revesting in Agency of possession of the Site, or any part thereof, as provided
in this Section 705, Agency shall, pursuant to its responsibilities under state law, use its best
efforts to release, or resell the Site, as the case may be, or any part thereof, as soon and in such
manner as Agency shall find feasible and consistent with the objectives of such law and of the
Redevelopment Plan to a qualified and responsible party or parties (as determined by the
Agency), who will assume the obligation of making or completing the improvements, or such
other improvements in their stead, as shall be satisfactory to the Agency and in accordance with
the uses specified for the Site, or any part thereof, in the Redevelopment Plan.
In the event of a resale, the proceeds thereof shall be applied as follows:
i. First, to reimburse the Agency on its own behalf or on
behalf of the City for all costs and expenses incurred by the Agency, including but
not limited to, salaries to personnel, legal costs and attorneys' fees, and all other
contractual expenses in connection with the recapture, management, and resale of
the Site (but less any income derived by the Agency from the Site or part thereof
in connection with such management); all taxes, assessments and water and sewer
charges with respect to the Site (or, in the event the Site is exempt from taxation
or assessment or such charges during the period of ownership, then such taxes,
assessments, or charges, as determined by the City, as would have been payable if
the Site were not so exempt); any payments made or necessary to be made to
discharge or prevent from attaching or being made any subsequent encumbrances
or liens due to obligations incurred with respect to the making or completion of
the agreed improvements or any part thereof on the Site or part thereof; and
amounts otherwise owing the Agency by the Developer, its successors, or
transferees; and
ii. Second, to reimburse the Developer, its successor or
transferee, up to the amount equal to (i) the sum of the Purchase Price paid to the
Agency by the Developer for the Site, (ii) the costs incurred for the development
of the Site and for the agreed improvements existing on the Site at the time of the
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re -entry and repossession, less (iii) any gains or income withdrawn or made by the
Developer from the Site or the improvements thereon.
iii. Any balance remaining after such reimbursements shall be
retained by the Agency as its property.
To the extent that the right established in this Section involves a forfeiture, it must be
strictly interpreted against the Agency, the party for whose benefit it is created. The rights
established in this Section are to be interpreted in light of the fact that the Agency will sell the
Site to the Developer for development, and not for speculation in undeveloped land.
F. ( §706) Attorneys' Fees
If either party to this Agreement is required to initiate or defend any action or proceeding
in any way arising out of the parties' agreement to, or performance of, this Agreement, or is
made a party to any such action or proceeding by the Escrow Agent or other third party, such
that the parties hereto are adversarial, the prevailing party, as between the Developer and Agency
only, in such action or proceeding, in addition to any other relief which may be granted, whether
legal or equitable, shall be entitled to reasonable attorney's fees from the other. As used herein,
the "prevailing party" shall be the party determined as such by a court of law, pursuant to the
definition Code of Civil Procedure Section 1032(a)(4), as it may be subsequently amended.
Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to
attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking
depositions and discovery and all other necessary costs the court allows which are incurred in
such litigation. All such fees shall be deemed to have accrued on commencement of such action
and shall be enforceable whether or not such action is prosecuted to judgment.
VIII. ( §800) GENERAL PROVISIONS
A. ( §801) Notices Demands and Communications Between the Partie
Except as expressly provided to the contrary herein, any notice, consent, report, demand,
document or other such item to be given, delivered, furnished or received hereunder shall be
deemed given, delivered, furnished, and received when given in writing and personally delivered
to an authorized agent of the applicable party, or upon delivery by the United States Postal
Service, first -class registered or certified mail, postage prepaid, return receipt requested, or by a
national "overnight courier" such as Federal Express, at the time of delivery shown upon such
receipt; or by facsimile, if such facsimile is followed by a notice sent out the same day by mail;
in any case, delivered to the address, addresses and persons as each party may from time to time
by written notice designate to the other and who initially are:
Agency: Lynwood Redevelopment Agency
11330 Bullis Road
Lynwood, CA 90262
Attn: Executive Director
Copy to: Aleshire & Wynder, LLP
18881 Von Karman Avenue, Suite 400
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Irvine, CA 92612
Attn: Fred Galante, Esq.
Developer: J.B. DEVELOPMENT GROUP, LLC
8116 Eastern Avenue
Bell Gardens, CA 90201
B. ( §802) Nonliability of City and Agency Officials and Employees;
Conflicts of Interest; Commissions
1. Personal Liability No member, official, employee, agent or
contractor of City or Agency shall be personally liable to Developer in the event of any default
or breach by Agency or for any amount which may become due to Developer or on any
obligations under the terms of the Agreement; provided, it is understood that nothing in this
Section 802 is intended to limit Agency's liability.
2. Financial Interest No member, official, employee or agent of
City or Agency shall have any financial interest, direct or indirect, in this Agreement, nor
participate in any decision relating to this Agreement which is prohibited by law.
3. Commissions Neither the Agency nor the Developer has retained
any broker or finder or has paid or given, and will not pay or give, any third person any money or
other consideration for obtaining this Agreement. No party shall be liable for any real estate
commissions, brokerage fees or finder's fees which may arise from this Agreement, and each
party agrees to hold the other harmless from any claim by any broker, agent, or finder retained
by such party.
C. ( §803) Enforced Delay: Extension of Times of Performance
Time is of the essence in the performance of this Agreement. Notwithstanding the
foregoing, in addition to specific provisions of this Agreement, performance by either party
hereunder shall not be deemed to be in default where delays or defaults are due to war;
insurrection; strikes; lock -outs; riots, floods; earthquakes; fires; casualties; supernatural causes;
acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of
transportation; subsurface conditions on the Site and unknown soils conditions; governmental
restrictions or priority litigation; unusually severe weather; acts of the other party; acts or the
failure to act of a public or governmental agency or entity (except that acts or the failure to act of
Agency or City shall not excuse performance by Agency unless the act or failure is caused by the
acts or omissions of Developer); or any other causes beyond the reasonable control or without
the fault of the party claiming an extension of time to perform. In the event of such a delay
(herein "Enforced Delay "), the party delayed shall continue to exercise reasonable diligence to
minimize the period of the delay. An extension of time for any such cause shall be limited to the
period of the Enforced Delay, and shall commence to run from the time of the commencement of
the cause, provided notice by the party claiming such extension is sent to the other party within
ten (10) days of the commencement of the cause.
The following shall not be considered as events or causes beyond the control of
Developer, and shall not entitle Developer to an extension of time to perform: (i) Developer's
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failure to obtain financing for the Project, and (ii) Developer's failure to negotiate agreements
with prospective users for the Project or the alleged absence of favorable market conditions for
such uses.
Times of performance under this Agreement may also be extended by mutual written
agreement by Agency and Developer. The Executive Director of Agency shall have the
authority on behalf of Agency to approve extensions of time not to exceed a cumulative total of
one hundred eighty (180) days with respect to the development of the Site.
D. ( §804) Books and Records
1. Developer to Keep Records Developer shall prepare and
maintain all books, records and reports necessary to substantiate Developer's compliance with
the terms of this Agreement or reasonably required by the Agency.
2. Right to Inspect Either party shall have the right, upon not less
than seventy -two (72) hours notice, at all reasonable times, to inspect the books and records of
the other party pertaining to the Site as pertinent to the purposes of this Agreement.
3. Ownership of Documents Copies of all drawings, specifications,
reports, records, documents and other materials prepared by Developer, its employees, agents
and subcontractors, in the performance of this Agreement, which documents are in the
possession of Developer and are not confidential shall be delivered to Agency upon request in
the event of a termination of this Agreement, however, Developer shall be entitled to
reimbursement from Agency for the cost to prepare any drawings, specifications, reports,
records, documents and other materials prepared by Developer's subcontractors as a result of the
exercise by Agency of its rights hereunder. Any drawings, specifications, reports, records,
documents and other materials prepared by Developer's subcontractors shall be delivered
without representation or warranty by Developer. The Agency shall have an unrestricted right to
use such documents and materials as if it were in all respects the owner of the same. Developer
makes no warranty or representation regarding the accuracy or sufficiency of such documents for
any future use by Agency, and Developer shall have no liability therefor.
E. 0805) Assurances to Act in Good Faith
Agency and Developer agree to execute all documents and instruments and to take all
action, including making a deposit of funds in addition to such funds as may be specifically
provided for herein, and as may be required in order to consummate conveyance and
development of the Site as herein contemplated, and shall use their best efforts, to accomplish
the closing and subsequent development of the Site in accordance with the provisions hereof.
Agency and Developer shall each diligently and in good faith pursue the satisfaction of any
conditions or contingencies subject to their approval.
F. ( §806) Interpretation
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply. The Section
37
Muriel/Thorson DDA
01095/0013/68828.5
headings are for purposes of convenience only, and shall not be construed to limit or extend the
meaning of this Agreement. This Agreement includes all attachments attached hereto, which are
by this reference incorporated in this Agreement in their entirety. This Agreement also includes
the Redevelopment Plan and any other documents incorporated herein by reference, as though
fully set forth herein.
G. ( §807) Entire Agreement, Waivers and Amendments
This Agreement integrates all of the terms and conditions mentioned herein, or incidental
hereto, and this Agreement supersedes all negotiations and previous agreements between the
parties with respect to all or any part of the subject matter hereof. All waivers of the provisions
of this Agreement, unless specified otherwise herein, must be in writing and signed by the
appropriate authorities of Agency or Developer, as applicable, and all amendments hereto must
be in writing and signed by the appropriate authorities of Agency and Developer.
H. ( §808) Severability
In the event any term, covenant, condition, provision or agreement contained herein is
held to be invalid, void or otherwise unenforceable, by any court of competent jurisdiction, such
holding shall in no way affect the validity or enforceability of any term, covenant, condition,
provision or agreement contained herein.
I. 0809) Time for Acceptance of Agreement by Agency
This Agreement, when executed by Developer and delivered to Agency, must be
authorized, executed and delivered by Agency, after consideration at a public hearing. After
execution by Developer, this Agreement shall be considered an irrevocable offer until such time
as Agency is authorized to execute and deliver the Agreement.
1 ( §810) Execution
1. This Agreement may be executed in counterparts, each of which
shall be deemed to be an original, and such counterparts shall constitute one and the same
instrument.
2. Agency represents and warrants that: (i) it is a Redevelopment
Agency duly organized and existing under the laws of the State of California; (ii) by proper
action of Agency, Agency has been duly authorized to execute and deliver this Agreement,
acting by and through its duly authorized officers; and (iii) the entering into this Agreement by
Agency does not violate any provision of any other agreement to which Agency is a party.
3. Developer represents and warrants that: (i) it is duly organized and
existing under the laws of the State of California; (ii) by proper action of Developer, Developer
has been duly authorized to execute and deliver this Agreement, acting by and through its duly
authorized officers; and (iii) the entering into this Agreement by Developer does not violate any
provision of any other agreement to which Developer is a party.
[Signatures on next page.]
M
Muriel/Thorson DDA
0109510013/68828.5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
of execution by the Agency.
"AGENCY"
LYNWOOD REDEVELOPMENT
AGENCY,
a public body, corporate and politic
Date
ATTEST:
Maria Quinonez, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Fred Galante, Agency Counsel
Chair
"DEVELOPER"
J.B. DEVELOPMENT GROUP, LLC, a
California limited liability company
Javier Barajas
Lo
[End of Signatures]
M1
MurieVThorsm DDA
01095/0013/68828.5
ATTACHMENT NO. 1
MURIEL/THORSON DDA
SITE MAP
Site Map
Attachment No. 1 to
Muriel /Thorson DDA
01095/0013/68828.5
ATTACHMENT NO. 2
MURIEUTHORSON DDA
LEGAL DESCRIPTION OF THE SITE
Legal Description
Attachment No. 2 to
Muriel/Thorson DDA
01095/0013168828.5
ATTACHMENT NO. 3
MURIEUTHORSON DDA
SCHEDULE OF PERFORMANCE
Schedule of Performance
Attachment No. 3 to
Muriel/Thorson DDA
01095/0013/68828.5
Item To Be Performed
Time for Performance
1.
Developer executes and delivers DDA to Agency
On or before December 20, 2010
2.
Agency holds public hearing on DDA. Agency
December 21, 2010
approves or disapproves DDA, and, if approves,
executes DDA (Effective Date).
3.
Open Escrow
Within 1 week after Effective Date
4.
Developer provides Agency with evidence of
2 weeks following Agency's approval
financial capability
of this Agreement
5.
Agency approves evidence of financial capability
Within 30 days after receipt by
Agency
6.
Developer secures financial commitments
Within 90 days after Effective Date
7.
Agency approves or disapproves financial
Within 30 days after receipt by
commitment and lender
Agency
8.
Agency delivers to Developer Preliminary Title
Within 30 days after Effective Date
Report
9.
Developer approves or disapproves title exceptions
Within 15 days after delivery of
Preliminary Title Report to Developer
10.
Agency delivers notice to Developer as to whether
Within 15 days after receipt of
it will cure disapproved exceptions
Developer's notice
11.
Developer submits proposed Site Plan and project
Within 45 following of the Effective
description for entire site for Agency Executive
Date
Director's conceptual approval
12.
Executive Director approves or disapproves
Within 30 days after submittal of
conceptual Site Plan and other submissions
proposed Site Plan
13.
Escrow Agent gives notice of fees, charges, and
One (1) week prior to Closing
costs to close escrow
14.
Deposits into escrow by Agency:
a) Executed Deed
On or before 1:00 p.m. on the last
Schedule of Performance
Attachment No. 3 to
Muriel/Thorson DDA
01095/0013/68828.5
Schedule of Performance
01095/0013/68828.5
Item To Be Performed
Time for Performance
business day
preceding
the Closing
Date
b) Estoppel Certificate
On or before
1:00 p.m.
on the last
business day
preceding
the Closing
Date
C) Payment of Agency's share of Escrow
On or before
1:00 p.m.
on the last
Costs
business day
preceding
the Closing
Date
d) Taxpayer ID Certificate
Prior to Closing Date
e) FIRPTA Certificate
Within 15 days after opening
15.
Deposits into escrow by Developer:
a) Estoppel Certificate
On or before
1:00 p.m.
on the last
business date
preceding
the Closing
Date
b) Regulatory Agreement
On or before
1:00 p.m.
on the last
business date
preceding
the Closing
Date
C) Payment of balance of Purchase Price and
On or before
1:00 p.m.
on the last
Developer's Share of Escrow Costs
business date
Date
preceding
the Closing
d) Certificates evidencing insurance
Prior to closing,
construction
site preparation
or
e) Taxpayer ID Certificate
Prior to Closing
Date
16.
Agency or Developer, as case may be, may cure
Within 30 days
after date
established
any condition to closing disapproved or waived; or
therefor, or date
of breach,
as the case
may cure any default
may be
17.
Close of Escrow for the Site; recordation and
Within 90 days
of Effective
Date
delivery of documents
18.
Developer submits application for Development
Within 120 days
of Effective
Date
Permit, including building elevations, materials
board, and conceptual landscaping plan, Site Plan
and/or conditional use permit and other
discretionary actions for public hearin
19.
City staff approves or disapproves plans, drawings,
Within 30 days
after
submittal b
Schedule of Performance
01095/0013/68828.5
Schedule of Performance
Attachment No. 3 to
Muriel/Thorson DDA
01095/0013/68828.5
Item To Be Performed
Time for Performance
and specifications
Developer
20
Developer revises and resubmits plans, drawings,
Within 30 days after City staff's
and specifications, if necessary
disapproval per paragraph 19 above
21.
City's Planning Commission approves or
Within 30 days after submittal by
disapproves Site Plan and/or conditional use
Developer
permit and other discretionary actions
22.
Developer prepares and submits to City
Within 45 days after City's approvals
construction plans, drawings and specifications
per paragraph 21 above
prepared in accordance with City approvals
23.
Developer completes construction of
Within 16 months after issuance of
improvements on the Site
building permits
24.
Agency issues Release of Construction Covenants
Within 30 days of written request by
for the Site
Developer, and Developer's
satisfactory completion of all
improvements on the Site
Schedule of Performance
Attachment No. 3 to
Muriel/Thorson DDA
01095/0013/68828.5
ATTACHMENT NO. 4
MURIEUTHORSON DDA
SCOPE OF DEVELOPMENT
A. PROJECT CONCEPT
The project will consist of the construction of 6 or 7 new 2 -story single - family detached homes
with a driveway courtyard between the homes. Each home shall contain 3 bedrooms and 2
bathrooms and be at least 1,600 square feet. The homes will share a private driveway with
outlets to Muriel Drive and Thorson Avenue. Construction will be Type V, wood -frame
construction.
Parking for residents and guests will be consistent with City requirements. Each unit will have a
two -car garage, as well as one guest parking space for each home will be provided on the Site.
Alternatively, Developer shall construct a muti - family residential rental complex containing 16
or 17 separate residential units, with adequate on -site parking and in compliance with City all
applicable City standards.
Landscaping will be aesthetically pleasing, appropriate for the surrounding neighborhood, and
will be consistent with City requirements.
The building construction will utilize materials that will meet or exceed Title 24 energy
standards.
B. PROJECT DESIGN
1. Design Process
The Developer and its representatives, including its architect and engineer, shall work
with City and Agency staff to develop and execute the architectural concept, architectural
drawings, site plan, grading plan, off -site improvement plans, landscaping plan and related
drawings and documents consistent with Planning Commission and Agency direction pursuant to
the Lynwood Municipal Code.
2. Architectural Concept
The improvements to be constructed on the Site shall be of high architectural quality,
shall be well landscaped, and shall be effectively and aesthetically designed. The shape, scale of
volume, exterior design, and exterior finish of each structure and all other improvements must be
consistent with, visually related to, physically related to, and an enhancement to each other and,
to the extent reasonably practicable, to adjacent improvements existing or planned. The
Developer's plans, drawings, and proposals submitted to the Agency for approval shall describe
1
Release of Construction Covenants
Attachment No. 5 to
Muriel/Thorson DDA
01095/0013/68828.5
in reasonable detail the architectural character intended for the Project. The open spaces on the
Site, where they exist, shall be designed, landscaped and developed with the same degree of
excellence. All architectural drawings shall be consistent with the preliminary elevations of all
four sides of the Project, site plan and floor plan, as included in Attachment No. 4 -1 included
immediately following this Attachment 4.
3. Site Work
The Project shall substantially conform to the site and building plans and landscaping
plans approved pursuant to subsection A above and with the Site Map attached to the Agreement
as Attachment No. 1. It shall be the responsibility of the Developer, the architect and the
contractor to develop the Project consistent with the aforementioned plans. Any substantial
modification to the approved site or building plans, as determined by the Director of Community
Development, shall be referred to the Planning Commission for review and approval through a
conformity report. Developer further acknowledges that it has inspected the Site and the existing
housing foundations and preparatory work (collectively, "Foundations ") built by a previous
developer and warrants that it shall be solely responsible for ascertaining whether the
Foundations comply with applicable laws, including but not limited to the Building Code, as
adopted by the City, and may be suitable for the Project. Should Developer, in its sole
discretion, determine that such Foundations do not comply with such applicable laws or are not
suitable for the Project, Developer shall be solely responsible for removing the Foundations at its
cost.
The Developer shall be responsible for the construction and installation of all
improvements to be constructed or installed on the Site including, but not limited to, the
following:
a. Residential Units
Developer shall construct 6 or 7 detached 2 -story single - family homes with a driveway
courtyard between the homes. Alternatively, Developer shall construct a muti - family residential
rental complex containing 16 or 17 separate residential units, all in accordance with City
standards.
b. Parking
Developer shall develop parking for residents and guests that is consistent with City
requirements. Each unit shall have a two -car garage and one guest parking space on site.
C. Landscaping
Developer shall install and maintain on -site landscaping and automatic irrigation pursuant
to approved plans consistent with the requirements of the Lynwood Municipal Code.
d. Lighting
2
Release of Construction Covenants
Attachment No. 5 to
Muriel/Thorson DDA
01095/0013/68828.5
Developer shall install and maintain on -site lighting in a manner consistent with the
approved lighting and electrical plans. The design of light standards and fixtures shall be subject
to the approval of the Director of Community Development.
e. Trash Storage
Trash storage areas shall be provided of sufficient size to ensure containment of all solid
waste materials generated from the Site in trash disposal and recycling bins.
4. Undergrounding Utilities
All new utility service connections servicing the Site shall be installed underground,
including connections to facilities within the public right -of -way.
5. Mechanical Equipment
On -site mechanical equipment, whether roof or ground mounted, shall be completely
screened from public view. Screening material shall be constructed of materials which
coordinate with the overall architectural theme. Where public visibility will be minimal, the
Director of Community Development may permit use of landscaping to screen ground mounted
equipment.
6. Applicable Codes
All improvements shall be constructed in accordance with the California Building Code
(with Lynwood modifications), the Los Angeles County Fire Code (with Lynwood
modifications), the Lynwood Municipal Code, and all other current City standards.
7. Offsite Improvements
Pursuant to the Agreement, Agency and Developer shall perform, or cause to be
performed, all offsite improvements required by law or as a condition to any governmental or
local approval or permit. Developer shall provide plans to the City's Public Works Department
for approval and completion of all improvements, but not limited to the following:
A. Predevelopment improvements Developer shall construct the following
off -site improvements, in accordance with applicable law, before the construction of the
Residential Units to ensure the design and construction budget are compatible with the
Agency's goals and that Developer has the resources to complete construction so that the
Residential Units may be readily sold in accordance with the terms of this Agreement: (i)
closure of existing driveway approach and construction of proposed driveway on both
Muriel Drive and Thorson for shared access to each of the Residential Units, (ii) re-
grading of parkway and landscaping along the east side of the street on Muriel Drive
from Josephine to the end of the street at the 105 Freeway and the western side of the
street on Thorson Avenue from Josephine to the end of the street at the 105 Freeway, and
(iii) reconstruction of alley approach at Thorson Avenue as requested or required by
City's Public Works Department; and or per plans submitted and approved by Public
Works in accordance with the City Building Code.].
3
Release of Construction Covenants
Attachment No. 5 to
Muriel/Thorson DDA
01095/0013/68828.5
B. Improvements concurrent with Residential Units construction The off -
site improvements to be constructed by Developer as part of the Project for the
construction of the Residential Units shall include, but not be limited to, (i) new
sidewalks on both Muriel Drive and Thorson Avenue along all areas immediately
abutting the Site, (ii) new curb and gutters on both Muriel Drive and Thorson Avenue
along all areas immediately abutting, (iii) construction of new wheelchair ramps on the 4
northern corners where both Muriel Drive and Thorson Avenue intersect with Josephine
Street, (iv) provide and install light street pole with light fixture on, (v) grind and overlay
all asphalt pavement on Muriel Drive, north of Josephine Street to the end of the street
abutting the 105 Freeway. All concurrent improvements shall be as requested or required
by City's Public Works Department; and or per plans submitted and approved by Public
Works in accordance with the City Building Code.
Release of Construction Covenants
11
Attachment No. 5 to
MurieVrhorson DDA
01095/0013168828.5
ATTACHMENT NO. 5
Muriel /Thorson DDA
RELEASE OF CONSTRUCTION COVENANTS
FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
J.B. DEVELOPMENT GROUP, LLC
8116 Eastern Avenue
Bell Gardens, CA 90201
Attention: Project Management
(Space Above This Line for Recorder's Office Use Only)
RELEASE OF CONSTRUCTION COVENANTS
WHEREAS, by a Disposition and Development Agreement ( "Agreement ") dated
2011 between and among the LYNWOOD REDEVELOPMENT AGENCY
( "Agency ") and J.B. DEVELOPMENT GROUP, LLC, a California limited liability company
( "Developer "), Developer has agreed to develop either six single family detached houses or a
multi - family complex ( "Project ") on the Site (as such term is defined in the Agreement); and
WHEREAS, as referenced in the Agreement, Agency shall furnish Developer with a
Release of Construction Covenants upon completion of construction and development, which
release shall be in such form as to permit it to be recorded in the Official Records of the County
Clerk of Los Angeles County, California; and
WHEREAS, Developer has requested that Agency furnish Developer with the Release of
Construction Covenants for the Site more particularly described on Exhibit "A" attached hereto
and incorporated herein by reference (the "Site "); and
WHEREAS, the Agreement provided for certain covenants to run with the land, which
covenants were incorporated in the Regulatory Agreement, as those terms are defined in the
Agreement; and
WHEREAS, such Release of Construction Covenants shall constitute a conclusive
determination by Agency of the satisfactory completion by Developer of the construction and
development required by the Agreement and of Developer's full compliance with the terms of
the Agreement with respect to such construction and development, but not of the Regulatory
Agreement, the provisions of which shall continue to run with the land pursuant to their terms;
and
WHEREAS, Agency has conclusively determined that the construction and development
on the Site required by the Agreement has been satisfactorily completed by Developer in full
compliance with the terms of the Agreement.
Release of Construction Covenants
5
Attachment No. 5 to
Muriel/Thorson DDA
01095/0013/68828.5
NOW, THEREFORE,
1. The improvements required to be constructed have been satisfactorily completed
in accordance with the provisions of said Agreement.
2. This Release shall constitute a conclusive determination of satisfaction of the
agreements and covenants contained in the Agreement with respect to the obligations of the
Developer, and its successors and assigns, to construct the improvements and the dates for the
beginning and completion thereof.
3. This Release shall not constitute evidence of Developer's compliance with the
Regulatory Agreement, the provisions of which shall continue to run with the land.
4. This Release shall not constitute evidence of compliance with or satisfaction of
any obligation of the Developer to any Agency of a mortgage or any insurer of a mortgage,
securing money loaned to finance the improvements or any part thereof.
5. This Release is not a Notice of Completion as referred to in California Civil Code
Section 3093.
6. Except as stated herein, nothing contained in this instrument shall modify in any
way any other provisions of the Agreement or any other provisions of the documents
incorporated therein.
IN WITNESS WHEREOF, the Agency has executed this Release of Construction
Covenants this day of
LYNWOOD REDEVELOPMENT AGENCY,
a public body, corporate and politic
UZ
Release of Construction Covenants
I .
Executive Director
Attachment No. 5 to
Muriel/Thorson DDA
01095/0013/68828 5
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On 20, 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.
Signature
(Seal)
Release of Construction Covenants
7
Attachment No. 5 to
Muriel/Thorson DDA
01095/0013/68828.5
EXHIBIT "A"
DESCRIPTION OF SITE
That certain real property located in the City of Lynwood, Los Angeles County, State of
California, more particularly described as:
[To Be Inserted]
.Release of Construction Covenants
Attachment No. 5 to
Murielfrhorson DDA
01095/0013/69828.5
ATTACHMENT NO. 6
Muriel/Thorson DDA
GRANT DEED
FREE RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:
J.B. GROUP, LLC
8116 Eastern Avenue
Bell Gardens, CA 90201
(Space Above This Line For Recorder's Office Use Only)
GRANT DEED
For valuable consideration, the receipt of which is hereby acknowledged,
THE LYNWOOD REDEVELOPMENT AGENCY, a public body, corporate and politic,
of the State of California ( "Grantor "), acting to carry out its functions under the housing law of
the State of California, hereby grants to J.B. DEVELOPMENT GROUP, LLC, a California
limited liability company ( "Grantee "), the real property located between Muriel Drive and
Thorson Avenue, immediately south of the I -105 Freeway (APN: 6174- 008 -901), Lynwood,
California ( "Site ") legally described in Exhibit "A" attached hereto and incorporated herein by
this reference.
As conditions of this conveyance, the Grantee covenants by and for itself and any
successors in interest for the benefit of the Grantee, Grantor and the City of Lynwood ( "City "),
as follows:
1. Governing Documents. The Site is conveyed pursuant to a Disposition and
Development Agreement ( "DDA ") entered into between and among Grantor and Grantee dated
2010. Grantee covenants and agrees for itself and its successors and assigns to
use, operate and maintain the Site in accordance with the DDA and this Deed. In the event of
any conflict between this Grant Deed and the DDA, the provisions of the DDA shall control.
2. Regulatory Agreement. Grantee covenants and agrees for itself and its
successors and assigns to its interest in the Site that it shall abide by all of the terms listed in the
Regulatory Agreement attached to the DDA as Attachment No. 7.
3. Use of Site. The Grantee covenants that Grantee may only use the Site for
residential purposes consistent with the terms, covenants and conditions set forth in the DDA and
1
Grant Deed
Attachment No. 6 to
Muriel /Thorson DDA
01095/0013/68828.5
the Regulatory Agreement, by which Grantee has agreed to be bound. Grantee shall have no
right to subdivide, separate, or partition the Site except as necessary to separate ownership of the
six or seven single family residential units as provided in the DDA. Breach of the terms,
covenants, conditions, and provisions of the DDA or Regulatory Agreement shall be a material
breach of this conveyance.
4. Encumbrances Prohibited. Prior to issuance of the Release of Construction
Covenants by the Grantor as provided in the DDA, the Grantee shall not place or suffer to be
placed on the Site any lien or encumbrance other than mortgages, deeds of trust or any other
form of conveyance (collectively, "lien "), except as specifically provided in the DDA and
attachments thereto.
5. Non - Discrimination. The Grantee covenants that except for the
tenancy /occupancy restrictions not prohibited by federal law as embodied in the DDA, there
shall be no discrimination against, or segregation of, any persons, or group of persons, on
account of race, color, creed, religion, sex, marital status, national origin or ancestry in the rental,
sale, lease, sublease, transfer, use, occupancy, or enjoyment of the Site, or any portion thereof,
nor shall Grantee, or any person claiming under or through Grantee, 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 Site or
any portion thereof. The nondiscrimination and nonsegregation covenants contained herein shall
remain in effect in perpetuity.
6. Form of Nondiscrimination Clauses in Agreements. Subject to occupancy
restrictions not prohibited by federal law as embodied in the DDA, which may modify the
following nondiscrimination clauses, the following shall apply: Grantee shall refrain from
restricting the sale, or lease of any portion of the Site on the basis of race, color, creed, religion,
sex, marital status, age, physical or mental disability, ancestry, or national origin of any person.
All such deeds, leases, or contracts shall contain or be subject to substantially the following
nondiscrimination or nonsegregation clauses:
a. Deeds: In deeds the following language shall appear: "The
grantee herein 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 race, color, creed, religion, sex, marital status, age, physical or mental
disability, ancestry, or national origin in the sale, lease, rental, sublease, transfer,
use, occupancy, tenure, or enjoyment of the land herein conveyed, nor shall the
grantee itself, or any persons claiming under or through it, establish or permit any
such practice or practices of discrimination or segregation with reference to the
selection, location, number, use, or occupancy of tenants, lessees, subtenants,
sublessees, or vendees in the land herein conveyed. The foregoing covenants
shall run with the land."
b. Leases: In leases the following language shall appear: "The lessee
herein covenants by and for itself, its heirs, executors, administrators, successors,
2
Grant Deed
Attachment No. 6 to
Muriel/Thorson DDA
01095/0013/68828 5
and assigns, and all persons claiming under or through them, 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 race, color, creed, religion, sex, marital status,
age, physical or mental disability, ancestry, or national origin in the leasing,
subleasing, renting, transferring, use, occupancy, tenure, or enjoyment of the land
herein leased nor shall the lessee itself, or any person claiming under or through
it, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use, or occupancy of
tenants, lessees, sublessees, subtenants, or vendees in the land herein leased."
C. Contracts: In contracts the following language shall appear:
"There shall be no discrimination against or segregation of any person or group of
per -sons on account of race, color, creed, religion, sex, marital status, age,
physical or mental disability, ancestry, or national origin in the sale, lease, rental,
sublease, transfer, use, occupancy, tenure, or enjoyment of the land, nor shall the
transferee itself, or any person claiming under or through it, establish or permit
any such practice or practices of discrimination or segregation with reference to
the selection, location, number, use, or occupancy of tenants, lessees, subtenants,
sublessees, or vendees of the land."
The foregoing covenants shall remain in effect in perpetuity
7. Mortgage Protection. 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 permitted by the DDA; provided, however, that any successor of Grantee to
the Site shall be bound by such remaining covenants, conditions, restrictions, limitations and
provisions, whether such successor's title was acquired by foreclosure, deed in lieu of
foreclosure, trustee's sale or otherwise.
8. Covenants to Run With the Land. The covenants contained in this Grant Deed
shall be construed as covenants running with the land and not as conditions which might result in
forfeiture of title, and shall be binding upon Grantee, its heirs, successors and assigns to the Site,
whether their interest shall be fee, easement, leasehold, beneficial or otherwise.
9. Counterparts. This Grant Deed may be executed in any number of counterparts,
each of which shall be an original and all of which shall constitute one and the same instrument.
Grant Deed
9
Attachment No. 6 to
Muriel/Thorson DDA
01095/0013/68828.5
IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be
executed on their behalf by their respective officers thereunto duly authorized, this day of
Date
ATTEST:
Agency Secretary
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Fred Galante, Agency Counsel
Grant Deed
rd
"GRANTOR"
LYNWOOD REDEVELOPMENT
AGENCY, INC., a public body, corporate
and politic
Chair
Attachment No. 6 to
MurieUThorson DDA
ACCEPTANCE OF GRANT DEED
By its acceptance of this Grant Deed, Grantee hereby agrees as follows:
1. Grantee expressly understands and agrees that the terms of the Grant Deed shall
be deemed to be covenants running with the land and shall apply to all of the Grantee's
successors and assigns.
2. The provisions of this Grant Deed are hereby approved and accepted.
"GRANTEE"
J.B. DEVELOPMENT GROUP, LLC, a
California limited liability company
Date:
By: Javier Barajas
5
Grant Deed
Attachment No. 6 to
Murielfrhorson DDA
01095/0013168828 5
EXHIBIT "A"
LEGAL DESCRIPTION OF SITE
[To Be Inserted]
Grant Deed
Attachment No. 6 to
Muriel/Thorson DDA
01095/0013/68828.5
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On 2010, 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.
Signature
(Seal)
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On 2010, 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.
Signature
(Seal)
7
Grant Deed
Attachment No. 6 to
Muriel/Thorson DDA
;vo,Frcmvcn�x�:i.�
ATTACHMENT NO. 7
Muriel/Thorson DDA
REGULATORY AGREEMENT
FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
LYNWOOD REDEVELOPMENT AGENCY
11330 Bullis Road
Lynwood, CA 90262
Attn: Executive Director
(Space Above This Line for Recorder's Office Use Only)
REGULATORY AGREEMENT AND
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS REGULATORY AGREEMENT AND DECLARATION OF COVENANTS AND
RESTRICTIONS ( "Covenant Agreement') is made and entered into and effective as of this
day of 2010, by and between the LYNWOOD REDEVELOPMENT AGENCY, a
public body, corporate and politic ( "Agency ") and J.B. DEVELOPMENT GROUP, LLC, a
California limited liability company ( "Developer ").
RECITALS:
Pursuant to a Disposition and Development Agreement between and among Agency, City
and Developer dated , 2010 ( "Disposition and Development Agreement'),
the Agency has agreed to sell to Developer that certain real property located between Muriel
Drive and Thorson Avenue, immediately south of the I -105 Freeway (APN: 6174 - 008 -901)
in Lynwood, California ( "Property ") to allow Developer to redevelop the Property by creating
additional housing opportunities within the City. The Property will be developed with either 6
detached 2 -story homes or a Multi- Family Residential Complex (each home or rental unit shall
be referred to as a "Unit', and collectively, the 'Project'). This redevelopment of the Property
will occur pursuant to a Disposition and Development Agreement between the Agency and
Developer dated 2010 ( "DDA ").
Developer and Agency desire to place restrictions upon the Property and the use of each
of the Units to be developed to ensure that each Unit is continuously used consistent with the
requirements and restrictions under Redevelopment Law and be binding on Developer, its
lessees, assignees and successors -in- interest in the Property for so long as this Covenant
Agreement shall remain in effect. The owner or renter of each residential unit shall collectively
be referred to as "Residents" whereas the owner of a residential unit or owner of the multi - family
residential complex shall collectively be referred to as "Owner ")
Regulatory Agreement
Attachment No. 7 to
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01095/0013/68828.5
AGREEMENT:
NOW, THEREFORE, the Owner and Agency declare, covenant and agree, by and for
themselves, their heirs, executors, administrators and assigns, and all persons claiming under or
through them, that each of the Units shall be held, transferred, encumbered, used, sold,
conveyed, and occupied subject to the covenants and restrictions hereinafter set forth, all of
which are declared to be in furtherance of a common plan for the development and sale or rental
of each of the Units, and are established expressly and exclusively for the use and benefit of the
residents of the Units.
A. RESIDENTIAL PROPERTY. Owner hereby represents, covenants, warrants
and agrees as follows:
1. Purpose. The Property is being acquired and each of the Units shall be
developed to provide improved housing stock within the community.
2. Residential Use. None of the Units may be used at any time on a
transient basis or used as a hotel, motel, dormitory, fraternity house, sorority house, rooming
house, nursing home, hospital, sanitarium, trailer court or park without the prior consent of the
City and Agency, which consent may be given or withheld in its sole and absolute discretion.
3. Conversion of Project. No part of any of the Units will at any time be
owned by a cooperative housing corporation, nor shall the Owner take any steps in connection
with the conversion to any other form of ownership besides the approved housing units, without
the prior written approval of City and Agency, which approval may be given or withheld in its
sole and absolute discretion.
B. MAINTENANCE.
1. Maintenance Obligation. Developer hereby covenants and agrees to
maintain and repair, or cause to be maintained and repaired, the Property and each Unit and all
related on -site improvements and landscaping including, without limitation, buildings, parking
areas and lighting in a first class condition and repair, free of rubbish, debris and other hazards to
persons using the same, and in accordance with all applicable laws, rules, ordinances and
regulations of all federal, state, and local bodies and agencies having jurisdiction, at Developer's
sole cost and expense. Such maintenance and repair shall include, but not be limited to, the
following: (i) sweeping and trash removal; (ii) the care and replacement of all shrubbery,
plantings, and other landscaping in a healthy condition; and (iii) all graffiti and defacement of
any type including marks, words or pictures shall be removed from any Unit and any necessary
repair or painting completed within a reasonable time but in no event more than one week after
the notice to Developer from City. In addition, Developer shall be required to maintain the
Property in such a manner as to avoid the reasonable determination of a duly authorized official
of the City that a public nuisance has been created by the absence of adequate maintenance such
as to be detrimental to the public health, safety or general welfare.
2. Right of Entry. In the event that Developer fails to maintain the Property
in the above - mentioned condition, and satisfactory progress is not made in correcting the
condition within thirty (30) days from the date of written notice from City, or if Developer and
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City agree such condition cannot reasonably be cured within such 30 -day period, Developer shall
have such time as Developer and City mutually agree may be reasonably necessary to correct the
condition provided that Developer is diligent in pursuit of the cure, City may, at its option, and
without further notice to Developer, declare the unperformed maintenance to constitute a public
nuisance. Thereafter, City, its employees, contractors or agents, may cure Developer's default
by entering the Property and performing the necessary landscaping and /or maintenance. The
City shall give Developer or its representative reasonable notice of the time and manner of entry,
and entry shall only be at such times and in such manner as is reasonably necessary to carry out
this Covenant Agreement. Developer shall pay such costs as are reasonably incurred by City for
such maintenance, including attorneys' fees and costs.
3. Homeowners' Association; Reserves. Prior to selling or renting any of
the Units, Developer shall establish a homeowners' association or rental rules, as applicable, to
govern the operation and shall require that, for the duration of the existence of the Units.
Additionally, if single - family units are created, each of the Residents shall make an annual
contribution sufficient to establish to a replacement reserve account for the maintenance and
replacement of the Units and Property.
4. Lien. If City maintenance costs incurred pursuant to Section C.2 herein
are not reimbursed within thirty (30) days after Resident's receipt of notice thereof, the same
shall be deemed delinquent, and the amount thereof shall bear interest thereafter at a rate of the
lower of ten percent (10 %) per annum or the legal maximum until paid. Any and all delinquent
amounts, together with said interest, costs and reasonable attorneys' fees, shall be a personal
obligation of Developer as well as a lien and charge, with power of sale, upon the property
interests of Developer, and the rents, issues and profits of such property. City may bring an
action at law against Developer to obligate Developer to pay any such sums or foreclose the lien
against Developer's property interests. Any such lien may be enforced by sale by the City
following recordation of a Notice of Default of Sale given in the manner and time required by
law as in the case of a deed of trust; such sale to be conducted in accordance with the provisions
of Section 2924, et seq., of the California Civil Code, applicable to the exercise of powers of sale
in mortgages and deeds of trust, or in any other manner permitted by law.
Any monetary lien provided for herein shall be subordinate to any bona fide mortgage or
deed of trust covering an ownership interest in and to a Unit at the Property, and any purchaser at
any foreclosure or trustee's sale (as well as any deed or assignment in lieu of foreclosure or
trustee's sale) under any such mortgage or deed of trust shall take title free from any such
monetary lien, but otherwise subject to the provisions hereof; provided that, after the foreclosure
of any such mortgage and /or deed of trust, all other assessments provided for herein to the extent
they relate to the expenses incurred subsequent to such foreclosure, assessed hereunder to the
purchaser at the foreclosure sale, as owner of the Property after the date of such foreclosure sale,
shall become a lien upon the Property upon recordation of a Notice of Assessment or Notice of
Claim of Lien as herein provided.
C. COMPLIANCE WITH LAWS.
1. State and Local Laws. Developer and Residents shall comply with all
provisions of the Health & Safety Code, including but not limited to Section 33437 prohibiting
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speculation or excess profit taking in undeveloped land. The Residents shall comply with all
ordinances, regulations and standards of the City applicable to the Property The Residents shall
also comply with all rules and regulations of any assessment district of the City and /or Agency
with jurisdiction over the Property, if any.
F. ENFORCEMENT. In the event that Owner defaults in the performance or
observance of any covenant, agreement or obligation of Owner pursuant to this Covenant
Agreement, and if such default remains uncured for a period of thirty (30) days after written
notice thereof shall have been given by City and/or Agency, or, in the event said default cannot
be cured within said time period, and Owner has failed to commence to cure such default within
said thirty (30) days and thereafter fails to diligently prosecute said cure to completion, then City
and /or Agency shall declare an "Event of Default' to have occurred hereunder, and, at its option,
may take one or more of the following steps:
1. By mandamus or other suit, action or proceeding at law or in equity,
require Owner to perform its obligations and covenants hereunder or enjoin any acts or things
which may be unlawful or in violation of this Covenant Agreement; or
2. Take such other action at law or in equity as may appear necessary or
desirable to enforce the obligations, covenants and agreements of Owner hereunder; or
3. Enter the Property and cure the Event of Default as provided in Section C
above
4. Impose, through the City Manager, an administrative fine for each day the
violation continues. The amount of the fine shall be Twenty -Five Dollars ($25.00) per day,
unless the violation is deemed a major violation, in which case the fine shall be Seventy -Five
Dollars ($75.00) per day. The Owner may appeal the assessment of any fine to the City Council
who may reverse, modify or uphold the decision of the City Manager. In making this decision,
the City Council shall determine whether the violation exists and whether the amount of the fine
is appropriate under the circumstances.
Except as otherwise expressly stated in this Covenant Agreement, the rights and remedies
of the parties are cumulative, and the exercise by any party of one or more of its rights or
remedies shall not preclude the exercise by it, at the same or different times, of any other rights
or remedies for the same default or any other default by another party.
G. NONDISCRIMINATION. There shall be no discrimination against or
segregation of any person, or group of persons, on account of race, color, creed, religion, sex,
age, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of any portion of the Property, nor shall the Owner, or any
person claiming under or through Owner, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy
of tenants or lessees of the Property, or any part thereof (except as permitted by this Covenant
Agreement).
H. FORM OF NONDISCRIMINATION CLAUSES IN AGREEMENTS.
Subject to the tenancy /occupancy restrictions not prohibited by federal law as embodied in the
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Disposition and Development Agreement and herein, which may modify the following
nondiscrimination clauses, the following shall apply: Owner shall refrain from restricting the
rental, sale, or lease of any portion of the Property on the basis of race, color, creed, religion, sex,
marital status, age, physical or mental disability, ancestry, or national origin of any person. All
such deeds, leases, or contracts shall contain or be subject to substantially the following
nondiscrimination or nonsegregation clauses:
1. Deeds. In deeds the following language shall appear: "The grantee herein
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 race, color, creed, religion, sex, marital status, age,
physical or mental disability, ancestry, or national origin in the sale, lease, rental, sublease,
transfer, use, occupancy, tenure, or enjoyment of the land herein conveyed, nor shall the grantee
itself, or any persons claiming under or through it, establish or permit any such practice or
practices of discrimination or segregation with reference to the selection, location, number, use,
or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein conveyed.
The foregoing covenants shall run with the land."
2. Leases. In leases the following language shall appear: "The lessee herein
covenants by and for itself, its heirs, executors, administrators, successors, and assigns, and all
persons claiming under or through them, 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 race, color, creed, religion, sex, marital status, age,
physical or mental disability, ancestry, or national origin in the leasing, subleasing,
renting, transferring, use, occupancy, tenure, or enjoyment of the land herein leased nor
shall the lessee itself, or any person claiming under or through it, establish or permit any
such practice or practices of discrimination or segregation with reference to the selection,
location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or
vendees in the land herein leased."
3. Contracts. In contracts the following language shall appear: "There shall
be no discrimination against or segregation of any person or group of persons on account of race,
color, creed, religion, sex, marital status, age, physical or mental disability, ancestry, or national
origin in the sale, lease, rental, sublease, transfer, use, occupancy, tenure, or enjoyment of the
land, nor shall the transferee itself, or any person claiming under or through it, establish or
permit any such practice or practices of discrimination or segregation with reference to the
selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or
vendees of the land."
The foregoing covenants shall remain in effect in perpetuity.
I. COVENANTS TO RUN WITH THE LAND. The Owner hereby subjects each
Unit to the covenants, reservations, and restrictions set forth in this Covenant Agreement. City,
Agency and the Owner hereby declare their express intent that all such covenants, reservations,
and restrictions shall be deemed covenants running with the land and shall pass to and be binding
5
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upon the Owner's successors in title to each Unit; provided, however, that on the termination of
this Covenant Agreement said covenants, reservations and restrictions shall expire. All
covenants without regard to technical classification or designation shall be binding for the
benefit of the City and Agency, and such covenants shall run in favor of the City and Agency
and cease to be in effect five (5) years from the date of approval . Each and every contract, deed
or other instrument hereafter executed covering or conveying any Unit or any portion thereof
shall conclusively be held to have been executed, delivered and accepted subject to such
covenants, reservations, and restrictions, regardless of whether such covenants, reservations, and
restrictions are set forth in such contract, deed or other instrument.
Agency and Owner hereby declare their understanding and intent that the burden of the
covenants set forth herein touch and concern the land in that Owner's legal interest in each Unit
is rendered less valuable thereby. Agency and Owner hereby further declare their understanding
and intent that the benefit of such covenants touch and concern the land by enhancing and
increasing the enjoyment and use of the Units by their Owners, the intended beneficiaries of such
covenants, reservations, and restrictions, and by furthering the public purposes for which the
Agency was formed.
Owner hereby agrees to hold, sell, and convey each of the Units subject to the terms of
this Covenant Agreement. Owner also grants to the City and Agency the right and power to
enforce the terms of this Covenant Agreement against the Owner and all persons having any
right, title or interest in the Property, or any part thereof, their heirs, successive owners and
assigns.
J. INDEMNIFICATION. Owner agrees for itself and its successors and assigns to
indemnify, defend, and hold harmless City and Agency and their respective officers, members,
officials, employees, agents, volunteers, and representatives from and against any loss, liability,
claim, or judgment relating in any manner to the Property excepting only any such loss, liability,
claim, or judgment arising out of the intentional wrongdoing or gross negligence of City, Agency
or their officers, officials, employees, members, agents, volunteers, or representatives. Owner,
while in possession of the Property, and each successor or assign of Owner while in possession
of any portion of the Property, shall remain fully obligated for the payment of property taxes and
assessments in connection with such portion of the Property. The foregoing indemnification,
defense, and hold harmless agreement shall only be applicable to and binding upon the party then
owning the Property or applicable portion thereof.
K. ATTORNEYS' FEES. In the event that a party to this Covenant Agreement
brings an action against the other party hereto by reason of the breach of any condition,
covenant, representation or warranty in this Covenant Agreement, or otherwise arising out of this
Covenant Agreement, the prevailing party in such action shall be entitled to recover from the
other reasonable expert witness fees, and its attorneys' fees and costs. Attorneys' fees shall
include attorneys' fees on any appeal, and a party entitled to attorneys' fees shall be entitled to all
other reasonable costs for investigating such action, including, but not limited to, the conducting
of discovery, motions and expert witness fees.
Regulatory Agreement
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Attachment No. 7 to
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01095/0013168828.5
L. AMENDMENTS. This Covenant Agreement shall be amended only by a written
instrument executed by the parties hereto or their successors in title, and duly recorded in the real
property records of the County of Los Angeles.
M. NOTICE. Any notice required to be given hereunder shall be made in writing
and shall be given by personal delivery, certified or registered mail, postage prepaid, return
receipt requested, at the addresses specified below, or at such other addresses as may be
specified in writing by the parties hereto:
City /Agency: City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: City Manager
Copy to: Aleshire & Wynder, LLP
18881 Von Karman, Suite 400
Irvine, California 92612
Attn: Fred Galante, Esq.
Owner: J.B. DEVELOPMENT GROUP, LLC
8116 Eastern Avenue
Bell Gardens, CA 90201
The notice shall be deemed given three (3) business days after the date of mailing, or, if
personally delivered, when received.
N. SEVERABILITY /WAIVER/INTEGRATION.
1. Severability. If any provision of this Covenant Agreement shall be
invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining
portions hereof shall not in any way be affected or impaired thereby.
2. Waiver. A waiver by either party of the performance of any covenant or
condition herein shall not invalidate this Covenant Agreement nor shall it be considered a waiver
of any other covenants or conditions, nor shall the delay or forbearance by either party in
exercising any remedy or right be considered a waiver of, or an estoppel against, the later
exercise of such remedy or right.
3. Integration. This Covenant Agreement contains the entire agreement
between the parties and neither party relies on any warranty or representation not contained in
this Covenant Agreement.
O GOVERNING LAW. This Covenant Agreement shall be governed by the laws
of the State of California.
P. COUNTERPARTS. This Covenant Agreement may be executed in any number
of counterparts, each of which shall constitute one original and all of which shall be one and the
same instrument.
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01095/0013/68828.5
IN WITNESS WHEREOF, the City, Agency and Developer have executed this
Regulatory Agreement and Declaration of Covenants, Conditions and Restrictions by duly
authorized representatives on the date first written hereinabove.
"AGENCY"
LYNWOOD REDEVELOPMENT
AGENCY, a public body, corporate and
politic
Date:
Executive Director
ATTEST:
Secretary
"J.B. DEVELOPMENT GROUP, LLC"
Date:
By: Javier Barajas
[End of Signatures]
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Attachment No. 7 to
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01095/0013/68828.5
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On 20, before me, , a Notary Public,
personally appeared who proved to me on
the basis of satisfactory evidence to be the person(s) whose names) 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.
Signature
(Seal)
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On 20, 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.
Signature
(Seal)
0'
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EXHIBIT "A"
LEGAL DESCRIPTION OF SITE
That certain real property located in the City of Lynwood, Los Angeles County, State of
California, more particularly described as:
[Insert Legal Description]
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TABLE OF CONTENTS
Page
01095/0013/68828.5
SUMMARY REPORT PERTAINING TO THE DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF LYNWOOD REDEVELOPMENT
AGENCY AND J.B. DEVELOPMENT GROUP, LLC, DEVELOPER
This report has been prepared in compliance with Section 33433 of the
California Community Redevelopment Law (Health and Safety Code Section 33000 et
seg.), which provides in part:
"Before any property of the agency acquired in whole or in part, directly or indirectly,
with tax increment moneys is sold or leased for development pursuant to the
redevelopment plan, the sale or lease shall first be approved by the legislative body by
resolution after public hearing. Notice of the time and place of the hearing shall be
published in a newspaper of general circulation in the community for at least two
successive weeks prior to the hearing.
The Agency shall make available for public inspection and copying at a cost not
to exceed the cost of duplication:
a. A copy of the proposed sale or lease;
b. A summary which describes and specifies...:
1. The cost of the agreement to the agency, including land acquisition
costs, clearance costs, relocation costs, the costs of any improvements to
be provided by the agency, plus the expected interest on any loans or
bonds to finance the agreements; and
2. The estimated value of the interest to be conveyed or leased,
determined at the highest and best uses permitted under the plan; and
3. The estimated value of the interest to be conveyed or leased,
determined at the use and with the conditions, covenants, and
development costs required by the sale or lease. The purchase price or
present value of the lease payments that the lessor will be required to
make during the term of the lease. If the sale price or total rental amount
is less than the fair market value of the interest to be conveyed or leased,
determined at the highest and best use consistent with the redevelopment
plan, then the agency shall provide as part of the summary an explanation
of the reasons for the difference; and
4. An explanation of why the sale or lease of the property will assist in
the elimination of blight."
A. PROPOSED AGREEMENT
A copy of the proposed Real Estate Agreement ( "Agreement') between J.B.
DEVELOPMENT GROUP, LLC (Developer) and the Redevelopment Agency of the City
of Lynwood ( "Agency ") is attached for public review. The Agreement sets forth the
responsibilities of the Developer and Agency and specifically establishes the
parameters, restrictions and limitations of the proposed redevelopment project
( "Project'). The proposed Project will benefit the housing replacement needs of Project
Area "A" and the Alameda Project Area ( "Project Areas ").
B. SUMMARY OF THE AGREEMENT
1. The Site The subject property ( "Site ") consists of a 41,470 square foot
parcel located immediately south of the 105 Freeway between Muriel
Drive and Thorson Avenue. The proposed Project is located just outside
the Project Areas. The development of the Site is regulated by City of
Lynwood General Plan, and Zoning Ordinance.
The Agency -owned Site (parcel number 6174 - 008 -901) is almost an acre
in size, commonly known as Muriel/Thorson Site. The site is mostly
vacant, with some foundation work already completed.
The Site is described in Attachment 1 of the Agreement. The Agency
intends to convey to the Developer the Site in an "as -is" basis.
2. Proposed Project The Developer proposes to complete construction of
six (6) new single - family dwelling units on the Site. The units will be
unrestricted and sold at fair market rate.
Alternatively, Developer shall construct a multi - family rental complex
containing 16 or 17 separate residential units, with adequate on -site
parking and in compliance with City all applicable City standards
The improvements to be constructed on the Site are expected to be of
good architectural quality, shall be well landscaped, and shall be
effectively and aesthetically designed. The total development shall be in
conformity with the Redevelopment Plan.
3. Purchase Price The terms of the Agreement require the Agency to
convey the Site to the Developer for a purchase price of Two hundred
Thirty Five Thousand Dollars ($230,000), or $5.55 per square foot. Said
consideration is to be paid by the Developer to the Agency.
2
4 Condition of the Site. Remediation of the Site The Developer shall
indemnify Agency on any suits (hazardous, environmental and other)
resulting from the development or use of the Site. The Agreement
requires that the Developer accept the Site in "as -is" condition, with no
warranty expressed or implied by the Agency.
5. Use Covenants N/A
6. Transfers of Interest in Site Transfers are permitted only as expressly
described in the Agreement.
7. Obligation to Refrain from Discrimination The Developer covenants that
there shall be no discrimination against or segregation of any person or
group of persons on account of race, color, creed, religion, sex, marital
status, sexual orientation, national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the Site. The
anti - discrimination covenants shall run with the land.
8. Indemnification The Agreement contains a comprehensive hold
harmless clause that requires the Developer to indemnify, upon closing,
Agency from and against any claims, demands, obligations, losses, costs,
damages, liabilities, judgements or expenses (including reasonable
attorneys' fees, charges and disbursements) arising out of or in
connection with claims against the Agency pertaining to the Agency's
authority and /or right to transfer Site to the Developer or pertaining to the
Agency's use or alleged improper use of the funds originally used by the
Agency to acquire the Site.
C. SUMMARY OF AGENCY COSTS AND REVENUES
The cost of the Agreement to the public is defined as the net cost which may be
expressed as the total project costs to the Agency Board less the proceeds of the sale
of the property to the Developer.
The 41,470- square foot Site was acquired July 15, 1987 for $210,000. In addition, the
Agency spent $435,975 on partial on -site improvements.
Acquisition of Site $ 210,000
Foundation /On -Site costs paid by Agency $ 435,975
Legal 7,500
Total Cost 653 47
3
The Agency Board is selling the Site for $230,000.
The net loss to the Agency is $423,475 (total Agency cost of $653,475 less Developer
payment for land of $230,000).
Other Costs
1. Public Improvements The Agency has not paid for any public improvements
related to this Project.
2. Demolition There have been no demolition costs paid by the Agency.
3. Bond Interest There have been no Agency bond expenses to acquire the
Site.
D. ESTIMATED FAIR MARKET VALUE
1. Highest and Best Use
The California Health and Safety Code requires the disclosure of the highest and best
use of the property to be sold.
The estimated value of the Site, based on an appraisal completed on April 19, 2010
was $230,000. This amount was justified with the current market conditions, existing
assessments, and zoning.
2. Fair Re -Use Value
Under the terms of the Agreement, the total compensation to be paid for the Site is
$230,000, the estimated market value of the Site. The Site is being sold to the
Developer for an amount that is not less than the fair re -use value specified in the
Agreement based on current market conditions.
rd
E. ELIMINATION OF BLIGHT
The disposition of property under current law requires that the Agency explain how the
disposition will assist in the elimination of blight. The Site exhibits characteristics of
both economic and physical blight, since the Site has been underutilized for many years
and the private market has not been able to put the property to productive use. The
proposed disposition will allow the development of the Site that will result in a use that
meets the requirements of the Lynwood General Plan and Development Code.
Redevelopment of the Site will eliminate adverse economic and physical conditions,
and generate additional tax revenues to the City.
A summary of the conditions of blight and an explanation of how the Agreement
addresses these conditions is as follows:
a. Physical Blight The characteristics of physical blight at the Site include
unfinished single - family housing foundations.
b. Economic Blight There are four characteristics of economic blight at the
Site: 1) Graffiti is prevalent along the fence next to the 105 Freeway; 2)
The vacant parcel seems to be used, on occasions, as a dumping ground.
In addition, there have been reports of heavy trash on the site in the past.
Though the Agency has fenced the entire site, graffiti and dumping will
continue to be a problem since the area appears to be used for loitering
and other illegal activity; 3) vacancy; and 4) underutilization. The Site has
been unused and underutilized for many years. Redevelopment of the
Site will contribute to the economic health of the surrounding area and is
anticipated to provide additional economic opportunities for the
community.
F. SUMMARY STATEMENT
The full Agreement and this disclosure report prepared in compliance with Section
33433 of the California Community Redevelopment Law (Health and Safety Code
Section 33000 et seq.) are available for public review at the City Clerks office located at
11330 Bullis Road, Lynwood, CA 90262. A photocopy of these documents may be
obtained from the Agency Secretary/City Clerk by paying the usual photocopy fee
regularly charged by the Agency and City.
5
rV , K aah,� r � ; �
AGENDA S TAFF REPOR
o
DATE: December 21, 2010
TO: Honorable Mayor and Members of the City Council
APPROVED BY Roger L. Haley, City Manag
PREPARED BY Maria Quinonez, City Clerk
Cesar Ortiz, Office Assistant II C-.*.
SUBJECT. Lynwood City Council Minutes
Recommendation:
Staff recommends the Lynwood City Council approve the following minutes.
• Regular Meeting —November 16, 2010
• Special Meeting —November 30, 2010
Background: N/A
Discussion & Analysis: N/A
Fiscal Impact: N/A
Coordinated With: N/A
ITEM
LYNWOOD CITY COUNCIL
REGULAR MEETING
November 16, 2010
The City Council of the City of Lynwood met in a regular meeting in the Council
Chambers, 11330 Bullis Road on the above date at 5:09 p.m.
Mayor Santillan presiding.
Council Members Flores, Morton, Rodriguez, Castro and Santillan were present.
Also present were City Manager Haley, City Attorney Galante, City Clerk Quinonez and
City Treasurer Alatorre.
City Clerk Quinonez announced that the Agenda had been duly posted in accordance
with the Brown Act.
Item #6. PRESENTATIONS /PROCLAMATIONS
• Sheriff Captain James Hellmold — Update on Law Enforcement
Issues
Lieutenant Chavez reported that crime is still declining and the
department is progressing extremely well with the dog program and the
Lynwood schools. He reported some issues with prostitutes on Long
Beach Blvd.
• Recognition of Firebaugh High School's Leo Club Members
Firebaugh High School's Leo Club received certificates from council for
their community service.
• Celebrating 10 Years of Service with LA County Fire
Department
Proclamation presented by the City Council to the LA County Fire
Department.
Item #7. COUNCIL RECESS TO
LYNWOOD PUBLIC FINANCING AUTHORITY 5.28 p.m.
LYNWOOD REDEVELOPMENT AGENCY 5 30 p.m.
SUBSEQUENT NEED ITEMS
City Attorney Fred Galante stated that the following two subsequent need items needed
to be added to the agenda.
1 Amendment to the Resolution Fixing the City of Lynwood's Employer Health
Insurance Contributions Under the Public Employee's Medical and Hospital Care
Act ( "PEHMCA ")
It was moved by Council Member Rodriguez, seconded by Council Member Morton, to
add the item to the City Council agenda as Item #17a.
1
AYES COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND
SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT NONE
2. Closed Session Item: Significant Exposure to Litigation per Government Code
Section 54956 9b
It was moved by Council Member Morton, seconded by Council Member Rodriguez, to
add the item to the City Council Closed Session agenda.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND
SANTILLAN
NOES NONE
ABSTAIN NONE
ABSENT: NONE
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
Gilda Acosta, representative from St. Francis Medical Center, commented on Item #14
— ST. FRANCIS MEDICAL CENTER REQUEST TO CLOSE CESAR CHAVEZ LANE
TO HOST THE 2010 NUN RUN 5K- RUN/WALK FOR OBESITY AND DIABETES
AWARENESS ON SATURDAY, DECEMBER 4, 2010. She stated that there is a great
prevalence of obesity and diabetes in the City of Lynwood. She asked for Council's
support and cooperation with the upcoming 5k run to raise awareness for combating
obesity in the community. She asked for Council's support in encouraging everyone in
the City to join.
PUBLIC ORAL COMMUNICATIONS
Frank P. Calderon stated that he felt the new Veterans' Memorial statue in front of City
Hall was disrespectful. He reminded Council that war has nothing to do with children.
Sylvia Ortiz stated that she is upset with the length of time the City takes to fill her public
records requests. She asked that her pending requests be filled promptly and that the
information not be withheld any longer She stated that she did not like the slanderous
remarks about her which were stated in a past council meeting.
Ernie Hernandez stated that he was representing South Bay Promotions and wanted to
apply for a special event permit in Plaza Mexico so that he could offer a used car tent
event.
Margaret Araujo stated that she has been asking Council for street improvement on
Long Beach Blvd. and nothing has been done. She stated that she was in support of the
new war memorial. She asked for Council's support in citing a horse trailer on her block
2
and she stated that the property owners where the trailer is parked are engaging in
illegal trafficking. She asked for Council' support in citing unlawfully parked large work
vehicles in residential zones. She stated she was upset because she paid $700 for
waste pick up from Consolidated Waste Management, yet her neighbor did not pay for
the same service
Rosario Carrizoza stated that he was the owner of the furniture store next to Mr.
Padilla's furniture store and he wanted to complain about Mr. Padilla's employees
harassing his employees. He asked for Council's support in keeping Mr. Padilla away
from his business and his employees.
PUBLIC HEARINGS
Item #8. CONTINUE PUBLIC HEARING FOR STREET VACATION — PORTION
OF OLANDA STREET BETWEEN STONEACRE AVENUE AND
COOKACRE STREET
City Manager Roger Haley introduced the item regarding the continued, public hearing
for street vacation — portion of Olanda Street between Stoneacre Avenue and Cookacre
Street.
It was moved by Mayor Pro Tern Castro, seconded by Council Member Flores, to open
the public hearing and continue it to December 7, 2010.
Kim Battle stated that she did not understand what the street vacation was for and
asked for clarification on this item.
Director of Public Works Dan Ojeda provided a report. He stated that the vacation was
requested by the church and the City looked at the facts and concluded the street can
be vacated as requested.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND
SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT. NONE
CONSENT CALENDAR
It was moved by Council Member Rodriguez, seconded by Mayor Pro Tern Castro, to
approve the consent calendar and receive and file staff reports.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND
SANTILLAN
NOES NONE
ABSTAIN: NONE
I
ABSENT: NONE
Item #9. MINUTES OF THE PREVIOUS MEETINGS:
Regular Meeting — November 2, 2010
Item #10. APPROVAL OF THE WARRANT REGISTER
RESOLUTION NO. 2010.239 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS
THEREFORE
Item #11. AMENDMENT NO 2 TO THE DESIGN CONTRACT FOR THE LONG
BEACH BOULEVARD IMPROVEMENTS, PROJECT NO. 4011 67.937
RESOLUTION NO. 2010.240 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
CONTRACT AMENDMENT NO. 2 TO THE CONSULTING SERVICES CONTRACT
WITH APA ENGINEERING, INC FOR DESIGN SERVICES OF THE LONG BEACH
BOULEVARD IMPROVEMENT PROJECT, PROJECT NO. 4011.67.937 FOR THE
NOT -TO- EXCEED FEE OF $54,100; AUTHORIZING THE MAYOR TO EXECUTE THE
CONTRACT AMENDMENT; AND AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFER
Item #12. LONG BEACH BOULEVARD /STATE STREET INTERSECTION DESIGN
ALTERNATIVE PROJECT 4011 67.937
Receive and file staff report.
Item #13. WATER WELL NO. 9 REHABILITATION PROJECT
RESOLUTION NO. 2010 241 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
THE WELL NO. 9 REHABILITATION PROJECT AND AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION
AND TRANSFER FROM UNAPPROPRIATED WATER FUNDS TO THE WATER
WELL NO. 9 REHABILITATION PROJECT
Item #14. ST FRANCIS MEDICAL CENTER REQUEST TO CLOSE CESAR
CHAVEZ LANE TO HOST THE 2010 NUN RUN 5K- RUNNVALK FOR
OBESITY AND DIABETES AWARENESS ON SATURDAY, DECEMBER
4, 2010
Approved.
rd
Item #15. ONE -YEAR MEMORANDUM OF UNDERSTANDING (MOU) WITH THE
LYNWOOD EMPLOYEES' ASSOCIATION
RESOLUTION NO. 2010.242 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A
COMPREHENSIVE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE
CITY AND THE LYNWOOD EMPLOYEES' ASSOCIATION WHICH SETS FORTH ALL
WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT
Item #16. Mayor Pro Tern Castro pulled Item #16 - TREASURER'S QUARTERLY
INVESTMENT REPORT - to vote in conjunction with LRA Item #3 and
LPFA Item #5.
City Treasurer Sal Alatorre provided a report for this item
Mayor Pro Tern Castro requested that the City Treasurer provide a presentation of the
City's investments during the next mid year budget review
It was moved by Mayor Pro Tern Castro, seconded by Mayor Santillan, to receive and
file the Treasurer's Quarterly Investment Report listed under the City Council agenda
Item #16, Lynwood Public Finance Authority Item #5 and Lynwood Redevelopment
Agency Item #3.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND
SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT NONE
Item #17. REQUEST TO USE AVAILABLE FUNDS TO SUPPORT CITY
OPERATIONS THAT RELY ON HIGHWAY USERS TAX ACCOUNT
REVENUES
RESOLUTION NO. 2010.243 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO UTILIZE
AVAILABLE FUNDS IN OUR GENERAL CHECKING ACCOUNT TO SUPPORT CITY
OPERATIONS THAT RELY ON HUTA REVENUES WHICH WILL BE DEFERRED FOR
FY 11; PROVIDED THAT THE CITY'S GENERAL ACCOUNT WILL BE REPLENISHED
BY DEFERRED HUTA REVENUES ONCE RECEIVED
Item #17a. AMENDMENT TO THE RESOLUTION FIXING THE CITY OF
LYNWOOD'S EMPLOYER HEALTH INSURANCE CONTRIBUTIONS
UNDER THE PUBLIC EMPLOYEE'S MEDICAL AND HOSPITAL CARE
ACT ( "PEHMCA ")
5
RESOLUTION NO. 2010.244 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SETTING
THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL
AND HOSPITAL CARE ACT
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
Council Member Morton commented on the size of the audience so late in the evening.
He thanked everyone for attending. He asked that residents keep the Council informed.
He congratulated everyone for helping to pass Proposition 22. He said he looked
forward to seeing everyone at the next council meeting.
Council Member Flores thanked everyone for coming and encouraged the audience to
tell everyone what they experienced at the Council Meeting.
Mayor Pro Tern Castro apologized for any confusion with the trash services offered to
residents and she announced that everyone should know that the trash company
provides free large item pick up for any Lynwood resident, and though large bin service
is not free, coordination with the Block Watch program can help residents get a bin for
the whole street. She added that the City has bulky trash days that are offered twice a
year. She also added that AutoZone will pick up recycled oil. She reminded the public
that the Council does not have legal authority to get involved in civil disputes. She
stated that the Council could help point people in the right direction to find services but if
someone is having a problem then they need to speak with the police and the court in
order to file a restraining order. She further stated that the courts have free legal advice
to help people fill out the forms.
Mayor Santillan stated that in regards to the horse trailer on Cedar street, the hope is
that the new parking permit program will eliminate those large work vehicles. She
stated that she understood there would be upset residents but reiterated that the
parking program was necessary She announced the upcoming Special Council
meeting on November 30 and the Christmas parade on December 3 rd
CLOSED SESSION
City Attorney Fred Galante announced that the Council would recess to discuss
one closed session item.
It was moved by Council Member Flores, seconded by Mayor Pro Tern Castro and
carried to recess to closed session at 6:36 p.m.
The City Council reconvened at 7:31 p.m.
City Attorney Fred Galante stated that the Council met in closed session and with
respect to the following matters:
0
Item #28. CLOSED SESSION ITEMS
A. With respect to every item of business to be discussed in closed session
pursuant to Section 54956 9:
CONFERENCE WITH LEGAL COUNSEL — Significant Exposure to
Litigation per Government Code Section 54956.9b
Provided direction. No reportable action was taken.
ADJOURNMENT
Having no further discussion, it was moved by Mayor Santillan, seconded by Council
Member Flores, and carried to adjourn the regular Lynwood City Council meeting at
7:32 p.m.
Maria T. Santillan, Mayor Maria Quinonez, City Clerk
VA
LYNWOOD CITY COUNCIL
SPECIAL MEETING
November 30, 2010
The City Council of the City of Lynwood met in a special meeting in the Council
Chambers, 11330 Bullis Road on the above date at 5:31 p.m.
Mayor Santillan presiding.
Council Members Flores, Morton, Rodriguez, Castro and Santillan were present.
Also present were City Manager Haley, City Attorney Galante, City Clerk Quinonez and
City Treasurer Alatorre.
City Clerk Quinonez announced that the Agenda had been duly posted in accordance
with the Brown Act.
Item #6. COUNCIL RECESS TO:
LYNWOOD REDEVELOPMENT AGENCY 5:33 p.m.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
Arthur Martinez commented on Item #7 - CONTRACT AWARD RENTAL AND
INSTALLATION OF TEMPORARY MODULAR BUILDINGS, PROJECT NO.
4011.67.905 He asked how many trailers are included in the contract, how much
utilities will cost and why water bond funds is being used to pay the contract. He asked
the Council to make sure someone checks the outgoing city mail because he received a
piece of mail that cost the City $6.49
Harry Gibbons commented on Item #7 - CONTRACT AWARD RENTAL AND
INSTALLATION OF TEMPORARY MODULAR BUILDINGS, PROJECT NO.
4011 67.905. He asked if the blueprints and plans for the new building were ready. He
stated that he would like to make sure that the new building is ADA compliant before the
construction begins.
Gilbert Martin stated that the Lynwood Sports Association has contributed a great
amount to the City of Lynwood and he asked for the Council's support in repealing the
$5 user fees for the youth sports programs.
PUBLIC ORAL COMMUNICATIONS
NONE
1
CONSENT CALENDAR
It was moved by Mayor Pro Tern Castro, seconded by Council Member Rodriguez to
approve the consent calendar and receive and file staff reports.
AYES COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND
SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT. NONE
Item #7 Mayor Pro Tern Castro pulled Item #7 - CONTRACT AWARD RENTAL
AND INSTALLATION OF TEMPORARY MODULAR BUILDINGS, PROJECT NO.
4011.67 905
Mayor Pro Tern Castro asked staff to display the plan specifications for the project in the
City Clerk's office.
RESOLUTION NO. 2010.245 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF LYNWOOD AWARDING A CONTRACT
TO PACIFIC MOBILE STRUCTURES INC. IN THE AMOUNT NOT -TO- EXCEED
$74,682 FOR THE RENTAL AND INSTALLATION OF TEMPORARY MODULAR
OFFICE BUILDINGS
NEW /OLD BUSINESS
Item #8 COUNCIL REORGANIZATION
Mayor Santillan introduced the item regarding City Council reorganization.
The Council presented a plaque to Mayor Santillan in appreciation for her service as
Mayor for three terms from 2007 to 2010.
Mayor Santillan gave a speech in which she outlined the City's accomplishments during
her tenure as Mayor and thanked the Council, City staff and the residents for the
success in moving the City forward.
Council Member Rodriguez nominated Mayor Pro Tern Castro to serve as Mayor. The
nomination was seconded by Council Member Morton.
AYES. COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND
SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT NONE
1)
Council Member Rodriguez nominated Council Member Morton to serve as Mayor Pro
Tem. The nomination was seconded by newly appointed Mayor Castro.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND
SANTILLAN
NOES NONE
ABSTAIN NONE
ABSENT. NONE
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
Council Member Flores thanked everyone for attending the meeting. He said he is
happy with the reorganization and is excited to move forward and continue making this
city a futuristic city that will make a difference He said that the Council has already
accomplished a lot and they will continue to work to make the City even greater. He
thanked Council Member Santillan for her service as Mayor.
Council Member Rodriguez thanked everyone for attending the meeting. He reminded
everyone that council meetings take place every first and third Tuesday of the month.
He asked residents to attend because when they do, things go well. He congratulated
the new Mayor and expressed his well wishes. He said he will do his best to work with
the Council to keep move the community forward. He thanked Council Member
Santillan for her service as Mayor and for doing a great job.
Council Member Santillan announced that the Christmas parade will take place on
Friday at 7pm. She said that she is glad for the resident involvement in council
meetings and stressed that the City needs resident involvement in order to stay
transparent and avoid what happened in Bell. She said that when residents speak up,
the Council listens, even if they aren't able to respond immediately. She congratulated
the new Mayor and Mayor Pro Tem. She said that the Council will remain united and
move the City forward.
Mayor Pro Tem Morton said that he appreciates his colleagues for giving him the honor
of being Mayor Pro Tem. He thanked everyone for attending the meeting. He stated
that the residents are the ones that the Council is accountable to and it is their job to
serve the residents to the best of their ability He congratulated the new Mayor and
thanked Council Member Santillan for her hard work as past Mayor.
Mayor Castro asked City Manager Haley to look into the user fees for the athletics
program and include the information in the next green memo She also asked staff to
look into the postage error that Mr. Martinez mentioned. She thanked the Council
Members for electing her as Mayor. She thanked Council Member Flores for always
being there for her, Council Member Rodriguez for his respect and patience, Mayor Pro
Tem Morton for his respect and team mentality, and especially Council Member
Santillan for her mentorship, patience and guidance. She thanked her friends in the
audience for always being there. She said she will work for and with the residents to
3
improve the community She thanked her parents, parents in law, siblings and
nephews. She said she will work as hard as possible to serve the City and she is open
to constructive criticism. She thanked City Hall staff and stated that it will be a pleasure
to work with the City Treasurer and City Clerk. Finally, she thanked her husband Jose
Castro and invited everyone to enjoy the refreshments provided by Lucy Avalos.
CLOSED SESSION
NONE
ADJOURNMENT
Having no further discussion, it was moved by Council Member Rodriguez, seconded by
Mayor Pro Tern Morton, and carried to adjourn the special Lynwood City Council
meeting at 6:10 p.m.
Maria T Santillan, Mayor Maria Quinonez, City Clerk
4
moo.: AGENDA STAFF REPORT
,.,.
DATE: December 21, 2010
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Mana
PREPARED BY: Robert S. Torrez, Assistant City Mangey
Lilly Hampton, Accounting Technician
SUBJECT: Approval of the Warrant Register
Recommendation:
Staff respectfully recommends that the Lynwood City Council approve the
warrant register for Fiscal Years 2010 -2011.
Attached Warrant Register dated December 21, 2010-------- - - - - --
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r
0 AGENDA STAFF REPORI
DATE: December 21, 2010
TO: Honorable Mayor and Members of the City Council
APPROVED BY Roger L. Haley, City Mana
PREPARED BY G. Daniel Ojeda, P.E., Director of Public Works / City Engineer
Paul Nguyen, P.E., Capital Improvement Program Manager
SUBJECT: Contract Change Order No. 2
Sewer Main Replacement Project on
Long Beach Boulevard and Imperial Highway
Project No 4011.67.887
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
CONTRACT CHANGE ORDER NO 2 IN THE AMOUNT NOT TO EXCEED $18,515
TO KANA PIPELINE, INC. FOR THE LONG BEACH BOULEVARD AND IMPERIAL
HIGHWAY SEWER MAIN REPLACEMENT PROJECT, PROJECT NUMBER
4011.67.887, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT
CHANGE ORDER."
Background:
On April 20, 2010, the City Council awarded the construction contract for the Long
Beach Boulevard and Imperial Highway Sewer Main Replacement Project to KANA
Pipeline, Inc. in the amount of $218,300. Construction started in June of this year and
is currently on- going. During the course of construction, unforeseen circumstances
arose due to incorrect subsurface information was provided by the Los Angeles County
Sanitation District, the discovery of unsuitable soil material, and certain additional sewer
lateral connections which were not previously identified. Previously, the City Council
approved contract change order No.1 in an estimated amount of $80,000 for the
contractor to complete the work. However, after final review of all of the contractor
claims an additional change order is necessary. The contractor has resumed the work
and is scheduled to complete the project by the last week of December Staff has
estimated that an additional $18,515 for contract change order No.2 will be needed to
complete this project.
Discussion & Analysis:
Contract change order No.2, will require the City Council's approval pursuant to Section
6 -3.15 of the Lynwood Municipal Code and its details are as follows.
1. Excavate and replace 6 wyes (4 ") with 8" VCP pipe: $ 9,000
2. Remobilization:
$ 7,500
3. Steel plates rental 2,015
Total: $18,515
Fiscal Impact:
The project is adequately funded through the Water Fund.
Coordinated With: City Attorney's Office, Finance Department and City Clerk's Office
2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
CONTRACT CHANGE ORDERS NO, 2 IN THE AMOUNT NOT TO EXCEED $18,515
TO KANA PIPELINE, INC. FOR THE LONG BEACH BOULEVARD AND IMPERIAL
HIGHWAY SEWER MAIN REPLACEMENT PROJECT, PROJECT NUMBER
4011.67.887, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT
CHANGE ORDER
WHEREAS, the Long Beach Boulevard and Imperial Highway Sewer Main
Replacement Project is scheduled for completion during fiscal year (FY) 2010 -2011;
and
WHEREAS, on April 20, 2010, the City Council awarded the construction
contract for this project to KANA Pipeline, Inc., and
WHEREAS, on August 17, 2010, the City Council approved Contract Change
Order (CCO) No.1 in the amount of not to exceed $80,000 to pay for the unanticipated
additional work; and
WHEREAS, staff issued Contract Change Order No 1 in the actual amount of
$80,000; and
WHEREAS, in order to complete the project, staff has now projected an
additional $18,515 is needed for Contract Change Order No. 2, which requires the City
Council's approval pursuant to Section 6 -3.15 of the Lynwood Municipal Code; and; and
WHEREAS, the project budget is sufficient to pay for said change order
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. That the City Council of the City of Lynwood approve Contract
Change Order No. 2 in the amount not to exceed $18,515 to KANA Pipeline, Inc. for the
Long Beach Boulevard and Imperial Highway Sewer Main Replacement Project, Project
No. 4011 67.887.
Section 2. That the Mayor is hereby authorized to execute said contract
change order
Section 3. This resolution shall take effect immediately upon its adoption.
Section 4. The City Clerk shall certify as to the adoption of this City Council
Resolution.
3
PASSED, APPROVED and ADOPTED this 21st day of August, 2010.
Aide Castro
Mayor
ATTEST:
Maria Quinonez
City Clerk
Roger L. Haley
City Manager
APPROVED AS TO FORM:
Fred Galante
City Attorney
APPROVED AS TO CONTENT:
G. Daniel Ojeda, P.E.
Director of Public Works / City Engineer
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing resolution was passed and adopted by the City Council of the City
of Lynwood at a regular meeting held on the day of , 20_, and
passed by the following vote:
AYES:
NOES:
ABSENT:
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council
of said City, do hereby certify that the above and forgoing is a full, true and correct copy
of Resolution No.
on file in my office and that said resolution was adopted
on the date and by the vote therein stated.
Dated this day of , 20_
City Clerk, City of Lynwood
9
"n �IJFI,
filar. AGEN ST REP
DATE: December 21, 2010
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Manag
PREPARED BY G. Daniel Ojeda, P.E., Director of Public Works / City Engineer
Josef Kekula, Civil Engineering Associate
Albert Espinoza, Administrative Analyst III
SUBJECT: Award of Fuel Purchase Order
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING
STAFF TO APPLY FOR A CHEVRON/TEXACO BUSINESS CARD (FUEL CARD) AND
ISSUE A PURCHASE ORDER TO G &M OIL (CHEVON/TEXACO) IN THE AMOUNT
NOT -TO- EXCEED $97,000 FOR THE PURCHASE OF DIESEL AND GASOLINE FOR
CITY VEHICLES."
Background:
Staff recently requested price quotations from fuel suppliers in the City of Lynwood for
the purpose of obtaining price discounts for purchasing fuel (diesel and gasoline) for the
city fleet. The intent was that companies generally provide considerable price discounts
if the City orders and purchases fuel in large quantities.
Discussion & Analysis:
Based on the quotations received and after a careful review of the price quotes and
other factors, staff recommends that the Council authorize staff to issue a purchase
order to G &M Oil (Chevron/Texaco) to purchase fuel. The following are the benefits of
purchasing fuel for city vehicles from Chevron/Texaco:
$0.05 cents per gallon discount on all gallons purchased for the first 12 months of
opening an account. This rebate applies to any Chevron Station.
In addition, there will be $0 05 discount on unleaded fuel and $0.10 discount on
diesel fuel when fueling at a G &M Oil station. This discount does not expire. The
discount is contingent upon the City purchasing a minimum of 2,000 gallons of
fuel per month.
ITEM
14
• Purchase controls help limit spending by restricting drivers' purchases to fuel
related products only; limit the amount of gallons purchased per transactions, per
day, per week.
• Specialized fleet reporting.
• Odometer tracking.
• Driver ID numbers are assigned to individual drivers for enhanced and improved
security and control.
• On -line access to monitor purchases, make payments, cancel, order or replace
cards.
It is important to note that using the CalCard (current credit card used by staff) to
purchase fuel will not allow the City to obtain the additional discount. Each city official,
department head, and other staff will be assigned an individual Chevron/Texaco fuel
card. Those fuel cards will be tracked on a monthly basis.
The City will arrange to issue a purchase order in the amount budgeted per year. In the
event that fuel prices dramatically increase (as was the case a few years ago), staff will
prepare a budget amendment as necessary to augment the purchase order.
Fiscal Impact:
Funds have been adequately budgeted for fiscal year 2010 -2011 in account number
7011.45.420.65010.
Coordinated With:
City Attorney's Office
City Manager's Office
Finance Department
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING STAFF TO APPLY FOR A CHEVRON /TEXACO BUSINESS CARD
(FUEL CARD) AND ISSUE A PURCHASE ORDER TO G &M OIL (CHEVON /TEXACO)
IN THE AMOUNT NOT -TO- EXCEED $97,000 FOR THE PURCHASE OF DIESEL AND
GASOLINE FOR CITY VEHICLES
WHEREAS, on July 14, 2010 the City received asphalt quotations from three
companies; and
WHEREAS, the intent of the request for quotation is to receive considerable
price reductions based on bulk purchasing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1 . That the City Council authorize staff to apply for a Chevron/Texaco
Business Card (Fuel Card) and issue a purchase order to G &M Oil (Chevron/Texaco) in
the amount - not -to exceed $97,000 for the purchase of diesel and gasoline as follows:
a) Purchase order amount from January to June 2011 from the remaining fund
balance.
b) Purchase order amount from July 2011 to June 2012 to be determined during the
annual budget process.
c) Purchase order amount from July 2012 to June 2013 to be determined during the
annual budget process.
Section 2. That this Resolution shall take effect immediately upon its adoption.
Section 3 . The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 21s day, of December 2010.
Aide Castro
Mayor
ATTEST:
Maria Quin6nez
City Clerk
Roger L. Haley
City Manager
3
APPROVED AS TO FORM: APPROVED AS TO CONTENT
Fred Galante
City Attorney
G. Daniel Ojeda, P.E.
Director of Public Works / City Engineer
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing resolution was duly adopted by the City Council of the City of
Lynwood at a regular meeting held in the City Hall of said City on the day of
and passed by the following vote:
AYES:
NOES:
ABSENT:
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council
of said City, do hereby certify that the above and forgoing is a full, true and correct copy
of Resolution No.
on file in my office and that said resolution was adopted
on the date and by the vote therein stated.
Dated this
day of
City Clerk, City of Lynwood
5
1t tPO¢; �`Fa °F ~ 01
,���� "tl AGENDA STAFF REPORT
DATE. December 21, 2010
TO: Honorable Mayor and Members of the City Council
APPROVED BY. Roger L. Haley, City Managt
PREPARED BY. Maria Quinonez, City Clerk
Cesar Ortiz, Office Assistant II b.
SUBJECT: Second Reading of Ordinance — An Ordinance of the City
Council of the City of Lynwood, California, adding a new
section 14 to Chapter 14 of the Lynwood Municipal Code
regarding Fats, Oils and Grease Management and
Discharge Control
Recommendation:
Staff recommends that the City Council waive reading and adopt the attached
ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD, CALIFORNIA, ADDING A NEW SECTION 14 TO CHAPTER 14 OF
THE LYNWOOD MUNICIPAL CODE REGARDING FATS, OILS AND GREASE
MANAGEMENT AND DISCHARGE CONTROL ".
Background:
The City Council introduced the attached ordinance for first reading on December
7, 2010.
Fiscal Impact: N/A
Coordinated With: N/A
ITEM
/5
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, ADDING A NEW SECTION 14 TO CHAPTER 14 OF THE
LYNWOOD MUNICIPAL CODE REGARDING FATS, OILS AND GREASE
MANAGEMENT AND DISCHARGE CONTROL
SECTION 1 The City Council of the City of Lynwood hereby adds a new Section
14 to Chapter 14 of the Lynwood Municipal Code to read as follows:
Chapter 14 -14 Fats, Oil and Grease Management and Discharge Control
14 -14.1 Purpose, Policy and Findings.
A. The Porter - Cologne Water Quality Act (California Water Code
§13000, et seq.) provides for the regulation and reduction of
pollutants discharged into the waters of California.
B. The City of Lynwood is an Enrollee under the "General Waste
Discharge Requirements for Sanitary Sewer Systems (Sewer
WDRs) under Order No. 2006 -003, dated May 2, 2006 issued by
the State Water Resources Control Board. The City is required to
adopt Chapters and implement procedures to reduce the amount of
fats, oils and grease [ "FOG "] discharged into the City's sanitary
sewer collection system.
C. Section D.1 3(iii) of the Sewer WDRs requires the City to
demonstrate that it possesses the legal authority necessary to
control discharges of FOG to and from those portions of the City's
sanitary sewer collection system over which it has jurisdiction, so
as to comply with the Sewer WDRs.
D. Food Service Establishments (FSEs) or "Food Facilities', as
defined in California Uniform Retail Food Facilities Law ( "CU
RFFL "), Division 104 (Environmental Health), Part 7 (Retail Food),
Chapter 4, Articles 1 -20 of the California Health & Safety Code,
produce FOG as a by- product of their operations. If not properly
managed and disposed, FOG will create the potential for blockage
of sanitary sewer lines, which can result in sanitary sewer overflows
( "SSOs ") that cause damage to both public and private property,
and public health issues and have the potential to pollute beaches
and water courses in and around the City.
E. Based on information collected by the Utility Division, FOG is one of
the causes of sanitary sewer blockages and SSOs within the City of
Lynwood.
2
F The current edition of the Uniform Plumbing Code requires FSEs
that have the potential to produce FOG in quantities that can effect
line stoppage or hinder sewage treatment or private sewage
disposal to have grease control devices. Many FSEs, such as
restaurants within the City do not have grease control devices.
Implementation of this Chapter is necessary because these FSEs
have the potential to require the City and the County Sanitation
Districts of Los Angeles County (Sanitation Districts) to perform
additional preventive maintenance on sewer lines that service these
facilities, as well as respond to and cleanup blockages and SSOs
caused by improper FOG disposal practices and grease control
device maintenance.
G. The purpose of this Chapter is to facilitate the maximum beneficial
public use of the City's sanitary sewer collection system while
preventing blockages of sewer lines resulting from discharges of
FOG to the system, and to specify appropriate FOG discharge
requirements for FSEs discharging into the City's sewer system.
H. This Chapter shall be interpreted in accordance with the definitions
set forth in Section 14.2 of this Chapter. The provisions of this
Chapter shall apply to the direct or indirect discharge of all
wastewater or waste containing FOG into City's sanitary sewer
collection system.
In order to manage and control, in a cost - effective manner, the
discharge of FOG into the City's sanitary sewer collection system to
the maximum extent practicable, the adoption of reasonable
regulations, as set forth herein, is essential and it is the intent of
this section to establish regulations for the disposal of FOG and
other insoluble waste discharges from FSEs into the City's sewer
system.
J. To comply with Federal, State, and local policies and to allow the
City to meet applicable standards, provisions are made in this
Chapter for the regulation of wastewater and waste containing FOG
discharges to the sewer facilities.
K. This Chapter establishes quantity and quality standards on all
wastewater and /or waste discharges containing FOG, which may
alone or collectively cause or contribute to FOG accumulation in the
sewer facilities causing or potentially causing or contributing to the
occurrence of SSOs.
14 -14.2 Definitions.
A. Unless otherwise defined herein, terms related to water quality shall
be as defined in the Sewer WDRs and in the latest edition of
I
Standard Methods for Examination of Water and Wastewater,
published by the American Public Health Association, the American
Water Works Association and the Water Environment Federation.
The testing procedures for waste constituents and characteristics
shall be as provided in 40 CFR 136 (Code of Federal Regulations).
B. Other terms not herein defined shall have the same meaning as set
forth in the latest adopted applicable editions of the California
Codes applicable to building construction adopted pursuant to the
California Building Standards Law.
C. Subject to the foregoing provisions, the following words and
phrases shall mean.
1. 'Best Management Practices ": schedules of activities,
prohibitions of practices, maintenance procedures and other
management practices to prevent or reduce the introduction
of FOG to the Sewer Facilities.
2. "Director ": the Director of the Department of Public Works, or
his /her designee.
3. "Discharger ": any person who discharges or causes a
discharge of wastewater directly or indirectly to a public
sewer. Discharger shall mean the same as User.
4. "Domestic Wastewater ": any liquid and solid waterborne
waste derived from the ordinary living processes of humans
of such character as to permit satisfactory disposal, without
special treatment, into the public sewer or by means of a
private disposal system.
5. "Effluent': any liquid outflow from the food service
establishment that discharges to the sewer collection
system.
6. "Fats, Oils, and Grease" or "FOG' any substance, such as a
vegetable or animal product that is used in, or is a by
product of, the cooking or food preparation process, and that
turns or may turn viscous or solidifies with a change in
temperature or other conditions.
7. "FOG Control Program ": the FOG Control Program required
by and developed pursuant to State Water Resources
Control Board Order No. 2006 -003, D13 (vii).
8. "FOG Discharge Manual ": the "Fats, Oil and Grease
Discharge Manual ", setting forth Best Management Practices for FSEs, as
E
approved by the Director 9 "FOG Wastewater Discharge Permit' or
"Discharge Permit ".
A permit issued by the City subject to the requirements and
conditions established by the City authorizing the Permittee
or discharger to discharge wastewater into the Sewer
Facilities or Public Sewer.
10. "Food Grinder ": any device installed in the plumbing or
sewage system for the purpose of grinding food waste or
food preparation by products for the purpose of disposing it
in the sewer system.
11. "Food Service Establishment ( "FSE ") - Facilities defined in
California Uniform Retail Food Facility Law (CURFFL) Health
& Safety Code § 113785, and any commercial or public
entity within the boundaries of the City, operating in a
permanently constructed structure such as a room, building,
or place, or portion thereof, maintained, used, or operated
for the purpose of storing, preparing, serving, manufacturing,
packaging, or otherwise handling food for sale to other
entities, or for consumption by the public, its members or
employees, and which has any process or device that uses
or produces FOG, grease vapors, steam, fumes, smoke or
odors that are required to be removed by a Type I or Type II
hood, as defined in CURFFL. An FSE shall not include a
Limited Food Preparation Establishment.
12. "Grab Sample ": a sample taken from a waste stream on a
one -time basis without regard to the flow in the waste stream
and without consideration of time
13. "Grease Control Device" any grease interceptor, grease trap
or other mechanism, device, or process, which attaches to,
or is applied to, wastewater plumbing fixtures and lines, the
purpose of which is to trap or collect or treat FOG prior to it
being discharged into the Sewer System. A grease control
device may also include any other proven mechanism to
reduce FOG subject to the approval of the Director
14. "Grease Disposal Mitigation Fee ": a fee charged to an
owner /operator of an FSE, as provided in this Chapter, when
there are physical limitations to the property that make the
installation of the usual and customary grease interceptor or
grease control device for the FSE under consideration
impossible. The Grease Disposal Mitigation Fee is intended
to cover the costs of increased maintenance of the sewer
system for inspection and cleaning of FOG or other viscous
or solidifying agents that a properly employed grease control
5
device would otherwise prevent from entering the sewer
system.
15. "Grease Interceptor" or "Interceptor ": a multi- compartment
device that is constructed in different sizes and is generally
required to be located, according to the California Plumbing
Code, underground between an FSE and the connection to
the sewer system. These devices primarily use gravity to
separate FOG from the wastewater as it moves from one
compartment to the next. These devices must be cleaned,
maintained, and have the FOG removed and disposed of in
a proper manner on regular intervals to be effective.
16. "Grease Trap a grease control device that is used to serve
individual fixtures and have limited effect and should only be
used in those cases where the use of a grease interceptor or
other grease control device is determined to be impossible.
17. "Infiltration ": water entering the Sewer System, including
sewer service connections, from the ground through such
means as defective pipes, pipe joints, connections, or
manhole walls.
18. "Inflow ": Water entering the Sewer System through a direct
storm water runoff connection to the sanitary sewer, which
may cause an almost immediate increase in wastewater
flows.
19. "Inspector ": a person authorized by the City to inspect any
existing or proposed wastewater generation, conveyance,
processing, and disposal facilities.
20. "Interference ": any discharge which, alone or in conjunction
with discharges from other sources, inhibits or disrupts the
Sewer System, treatment processes or operations; or is a
cause of violation of the City's NPDES or Waste Discharge
Requirements.
21 "Limited Food Preparation Establishment ". is an
establishment that is not considered an FSE when engaged
only in reheating, hot holding or assembly of ready to eat
food products and as a result, there is no wastewater
discharge containing a significant amount of FOG Such
limited food preparation establishment does not include any
operation that changes the form, flavor, or consistency of
food
C1
22. "Local Sewer Agency': any public agency or private entity
responsible for the collection and disposal of wastewater to
the Sewer Facilities duly authorized under the laws of the
State of California to construct and /or maintain public
sewers.
23 "Major Operational Change ": a physical change or
operational change causing generation of an amount of FOG
that exceeds the current amount of FOG discharge to the
sewer system by the Food Service Establishment in an
amount that alone or collectively causes or creates a
potential for SSOs to occur.
24 "New Construction ": any structure planned or under
construction for which a sewer connection permit has not
been issued.
25. "NPDES ": The National Pollutant Discharge Elimination
System: the permit issued to control the discharge to surface
waters of the United States as detailed in Public Law 92 -500,
Section 402.
26. "Permittee ". a person who has received a permit to
discharge wastewater into the Sewer Facilities subject to the
requirements and conditions established by the City.
27. `Public Agency': the State of California and /or any city,
county, special district, other local governmental authority or
public body of or within this State.
28 `Public Sewer ": a sewer owned and operated by the City, or
other local Public Agency, which is tributary to the Sewer
Facilities.
29. "Regulatory Agency ": regulatory agency or regulatory
agencies shall mean those agencies having regulatory
jurisdiction over the operations of the city, including, but not
limited to:
a. United States Environmental Protection Agency,
Region IX, San Francisco and Washington, DC
(EPA).
b. California State Water Resources Control Board
(SWRCB)
C. California Regional Water Quality Control Board, Los
Angeles Region (Los Angeles RWQCB).
7
d. South Coast Air Quality Management District
(SCAQMD).
e. California Department of Public Health (DOPH).
f. Any Public Agency.
30 "Sewage ": wastewater.
31. "Sewer Facilities" or "Sewer System ". any and all facilities
used for collecting, conveying, pumping, treating, and
disposing of wastewater and sludge operated by the City.
32. "Sewer Lateral ": a building sewer as defined in the latest
edition of the California Plumbing Code. It is the wastewater
connection between the building's wastewater facilities and a
public sewer system. Sewer laterals between the buildings
and the connection to the public sewer are owned and
maintained by the property owner served by the lateral.
33. "Sewer WDRs ": the "General Waste Discharge
Requirements for Sanitary Sewer Systems, Order No. 2006-
0003, issued by the State Water Resources Control Board,
dated May 2, 2006, and any successor permit to such
WDRs.
34. "Sludge ": any solid, semi -solid or liquid decant, subnate or
supernate from a manufacturing process, utility service, or
pretreatment facility
35. "User ": any person who discharges or causes a discharge of
wastewater directly or indirectly to a public sewer system.
User shall mean the same as Discharger.
36. "Waste ": sewage and any and all other waste substances,
liquid, solid, gaseous or radioactive, associated with human
habitation or of human or animal nature, including such
wastes placed within containers of whatever nature prior to
and for the purpose of disposal.
37 "Waste hauler ". any person carrying on or engaging in
vehicular transport of waste as part of, or incidental to, any
business for that purpose.
38. "Wastewater ": the liquid and water - carried wastes of the
community and all constituents thereof, whether treated or
H
untreated, discharged into or permitted to enter a public
sewer.
39. "Wastewater Constituents and Characteristics ": the
individual chemical, physical, bacteriological, and other
parameters, including volume and flow rate and such other
parameters that serve to define, classify or measure the
quality and quantity of wastewater
40. "Water Minimization Practices ": plans or programs intended
to reduce or eliminate discharges to the sewer system or to
conserve water, including, but not limited to, product
substitutions, housekeeping practices, inventory control,
employee education, and other steps as necessary to
minimize wastewater produced.
14 -14.3 FOG Discharge Requirement.
No FSE shall discharge or cause to be discharged into the sewer system
FOG that exceeds the concentration level under the County Sanitation District
standards, as adopted by the City, or that may accumulate and /or cause or
contribute to blockages in the sewer system or at the sewer system lateral which
connects the FSE to the sewer system.
14 -14.4 Prohibitions.
The following prohibitions shall apply to all FSEs:
A. No person shall discharge, or cause to be discharged any
wastewater from FSEs directly or indirectly into the Sewer System
without first obtaining a FOG Wastewater Discharge Permit
pursuant to this Chapter.
B. Discharge of waste, FOG or solid materials above the standard
under Section 14 -14.3, including FOG and solid materials removed
from the grease control device to the Sewer System, is prohibited.
C. Discharge of waste or FOG above the standard under Section 14-
14.3 to the Sewer System which fails to comply with the FOG
Discharge Manual is prohibited
D. Discharge of waste or FOG above the standard under Section 14-
14.3 to the Sewer System in a manner which either violates the
Sewer WDRs or causes or contributes to a condition which fails to
comply with the Sewer WDRs is prohibited.
14 -14.5 Food Grinders Prohibited.
f
A. No food grinder shall be installed in a plumbing system of new
construction of an FSE.
B. All food grinders shall be removed from an existing FSE upon: (i)
major operational change to the FSE; or (ii) any construction
requiring the issuance of a building permit for either remodeling or
construction of the FSE valued at $50,000 or more; (iii) All food
grinders shall be removed from all existing FSEs within 180 days of
the effective date of this Ordinance, except when expressly allowed
by the Director pursuant to Section 14 -14.8
14 -14.6 Best Management Practices Required.
A. All FSEs shall implement Best Management Practices in their
operation to minimize the discharge of FOG to the sewer system.
B. All FSEs must implement and demonstrate compliance with Best
Management Practices (BMP) requirements as specified in the
City's FOG Discharge Manual. Detailed requirements for Best
Management Practices are specified in the FOG Discharge Manual
and may include kitchen practices and employee training that are
essential in minimizing FOG discharges.
14 -14.7 FOG Pretreatment Required.
FSEs are required to install, operate and maintain an approved type and
adequately sized grease interceptor necessary to maintain compliance with the
objectives of this Chapter in accordance with the FOG Discharge Manual and the
requirements of 40 CFR §403.5.
14 -14.8 Variance and Waiver of Grease Interceptor Requirement.
A. Variance from Grease Interceptor Requirements. A variance or
a conditional waiver from the grease interceptor requirements on
such terms and conditions as may be established by the Director,
consistent with the requirements of the Sewer WDRs, the City's
FOG Control Program, the FOG Discharge Manual, and best
construction, engineering, environmental and health and safety
practices, to (1) allow alternative pretreatment technology that is at
least equally effective in controlling the FOG discharge in lieu of a
grease interceptor, may be granted by the Director to FSEs
demonstrating to the Director's satisfaction that it is impossible to
install, operate or maintain a grease interceptor; or (2) where the
FSE demonstrates to the Director's satisfaction that any FOG
discharge from the FSE is negligible and will have an insignificant
impact to the sewer system.
10
B Waiver from Grease Interceptor Installation with a Grease Disposal
Mitigation Fee. For FSEs where the installation of grease
interceptor is not feasible and no equivalent alternative
pretreatment can be installed, a waiver from the grease interceptor
requirement may be granted with the imposition of a Grease
Disposal Mitigation Fee as described in Section 14- 14.10. The
Director's determination to grant the waiver with a Grease Disposal
Mitigation Fee will be based upon such considerations that the
Director determines to be appropriate and consistent with the
Sewer WDRs, the City's FOG Control Program, the FOG Discharge
Manual, and best construction, engineering, environmental and
health and safety practices. Notwithstanding the foregoing, a
grease interceptor will be installed when the FSE either (i) applies
for any discretionary permit, including but not limited to a
conditional use permit; or (ii) conducts any remodeling to an FSE
which involves construction valued at $50,000 or more requiring a
building permit and which involves any one or combination of the
following: (1) under slab plumbing in the food processing area, (2) a
30% increase in the net public seating area, (3) a 30% increase in
the size of the kitchen area, or (4) any change in the size or type of
food preparation equipment. No discretionary permit, including but
not limited to a conditional use permit, shall be issued to an FSE
unless the applicant can demonstrate that a grease interceptor has
been or will be installed at the FSE.
C. Application for Waiver or Variance of Requirement for Grease
Interceptor An FSE may submit an application for waiver or
variance from the grease interceptor requirement to the Director.
Terms and conditions for issuance of a variance to an FSE shall be
set forth in the permit. A waiver or variance may be revoked at any
time when any of the terms and conditions for its issuance is not
satisfied or if the conditions upon which the waiver was based
change so that the justification for the waiver no longer exists.
D. Exemption (Conditional Waiver): A conditional waiver from
installation of a grease interceptor may be granted for Food Service
Establishments that have been determined to have negligible FOG
discharge and insignificant impact to the sewer system. The
Director's determination to grant or revoke a conditional waiver
shall be based upon, but not be limited to, evaluation of the
following conditions:
1. Quantity of FOG discharge as measured or as indicated by
the size of Food Service Establishment based on seating
capacity, number of meals served menu, water usage, etc.
2. Adequacy of implementation of Best Management Practices
and compliance history
11
3. Sewer size, grade, condition based on visual information
(CCTV), FOG deposition in the sewer by the Food Service
Establishment, and history of maintenance and sewage
spills in the receiving sewer system.
4 Changes in operations that significantly affect FOG
discharge.
5. Any other condition deemed reasonably appropriate by the
Director.
14 -14.9 Multiple FSEs At Commercial Properties.
For properties at which multiple FSEs are operated on a single parcel,
each FSE operator shall be individually and separately responsible for installation
and maintenance of the grease interceptor serving its FSEs and for compliance
with this Chapter. Furthermore, owners of commercial properties at which
multiple FSEs are operated on a single parcel shall be responsible for ensuring
compliance by each FSE on the parcel. Such operators and /or property owner
may comply with this Chapter by installing and maintaining a grease interceptor
or grease interceptors serving multiple FSEs upon approval by the Director on
such terms and conditions that the Director may establish in his sole discretion.
14 -14.10 Grease Disposal Mitigation Fee.
A. FSEs that operate without a grease control interceptor may be
required to pay an annual Grease Disposal Mitigation Fee to
equitably cover the costs of increased maintenance and
administration of the sewer system as a result of the FSEs inability
to adequately remove FOG from its wastewater discharge. This
Section shall not be interpreted to allow a new FSE, or existing
FSEs undergoing remodeling or change in operations, to operate
without an approved grease interceptor unless the Director has
determined that a grease control interceptor for the FSE is not
applicable or required under the provisions of this Chapter.
B. The Grease Disposal Mitigation Fee shall be established by
Resolution of the City Council, and shall be based on the estimated
annual cost of maintaining the sewer system for inspection and
removal of FOG and other viscous or solidifying agents attributable
to the FSE resulting from the lack of a grease interceptor or grease
control device and such other costs that the City Council considers
appropriate. At a minimum, the Grease Disposal Mitigation Fee
shall be equivalent to the City's cost to: 1 ) Conduct quarterly
inspections of FSE premises for compliance with this Chapter; 2.)
Clean the City sewer line that is impacted by the FSEs waste water
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discharges twice a year; and 3.) Review the FSEs sewer lateral
cleaning records
C. The Grease Disposal Mitigation Fee may not be waived or reduced
when the FSE does not comply with the minimum requirements of
this Chapter and /or its discharge into the sewer system in the
preceding 12 months has caused or potentially caused or
contributed alone or collectively, in sewer blockage or an SSO in
the sewer downstream, or surrounding the FSE prior to the waiver
request.
14-1411 Sewer System Overflows, Public Nuisance, Abatement Orders and
Cleanup Costs.
Notwithstanding any waiver of grease interceptor requirements under this
Chapter, FSEs determined by the Director to have contributed to a sewer
blockage, SSOs or any sewer system interferences resulting from the discharge
of wastewater or waste containing FOG, may be ordered by the Director to
immediately install and maintain a grease interceptor, and may be subject to a
plan determined by the Director to abate the nuisance and prevent any future
health hazards created by sewer line failures and blockages, SSOs or any other
sewer system interferences. SSOs may cause threat and injury to public health,
safety, and welfare of life and property and are hereby declared public
nuisances. Furthermore, sewer lateral failures and SSOs caused by FSEs alone
or collectively are the responsibility of the private property owner and /or FSE,
and individual(s) as a responsible officer or owner of the FSE. If the City must act
immediately to contain and clean up an SSO caused by blockage of a private or
public sewer or sewer lateral serving an FSE, or at the request of the property
owner or operator of the FSE, or because of the failure of the property owner or
FSE to abate the condition causing immediate threat of injury to the health,
safety, welfare, or property of the public, the City's costs for such abatement may
be entirely borne by the property owner or operator of the FSE, and individual(s)
as a responsible officer or owner of the FSE(s) and may constitute a debt to the
City and become due and immediately payable upon the City's request for
reimbursement of such costs.
14 -14.12 Industrial Wastewater Discharge Permit for FOG Required.
A. FSEs proposing to discharge or currently discharging wastewater -
containing FOG into the Sewer System shall obtain a Industrial
Wastewater Discharge Permit from the City within either (i) 180
days from the effective date of this Chapter or (ii) at the time any
FSE applies for or renews its annual business license from the City.
Compliance with this Chapter must be demonstrated at the time
any business license is issued, provided that the Director, based on
his /her finding of good cause, may extend the compliance date for
no more than 90 days after the date of the issuance of the license.
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B Industrial Wastewater Discharge Permits for FOG shall be
expressly subject to all provisions of this Chapter and all other
regulations, charges for use, and fees established by the City. The
City shall be authorized to enforce the conditions of FOG
Wastewater Discharge Permits in accordance with this Chapter and
applicable State and Federal Regulations.
C. The City shall not issue a certificate of occupancy for any new
construction, or occupancy unless an FSE has fully complied with
the provisions of this Chapter.
14 -14.13 Industrial Wastewater Discharge Permit Application.
Any person required to obtain a Wastewater Discharge Permit for FOG shall
complete and file with the City prior to commencing discharges, an application in
a form prescribed by the Director and shall provide the City such plans,
information, and documents as the Director determines is necessary and
appropriate to properly evaluate the application. The applicable fees, as
established by resolution of the City Council, shall accompany this application.
After evaluation of the data furnished, the Director may issue a FOG Wastewater
Discharge Permit, subject to terms and conditions set forth in this Chapter and as
otherwise determined by the Director to be appropriate to protect the Sewer
System.
14-1414 Industrial Wastewater Discharge Permit for FOG Condition.
The issuance of an Industrial Wastewater Discharge Permit for FOG may contain
any of the following conditions or limits as determined by the Director:
A. Limits on discharge of FOG and other priority pollutants.
B. Requirements for proper operation and maintenance of grease
interceptors and other grease control devices.
C. Grease interceptor maintenance frequency and schedule.
D. Requirements for implementation of Best Management Practices
and installation of adequate grease interceptor and /or grease
control devices.
E. Requirements for maintaining and reporting status of Best
Management Practices.
F. Requirements for maintaining and submitting logs and records,
including waste hauling records and waste manifests.
G. Requirements to self- monitor
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H. Requirements for the FSE to construct, operate and maintain, at its
own expense, FOG control device and sampling facilities.
Consent by the operator of the FSE for the City and other
Regulatory Agencies to inspect the FSE to confirm compliance with
this Chapter, the NPDES Permit and other applicable laws, rules
and regulations.
J. Additional requirements as otherwise determined to be reasonably
appropriate by the Director to protect the Sewer System or as
specified by other Regulatory Agencies.
K. Other terms and conditions, which may be reasonably applicable to
ensure compliance with this Chapter as determined by the Director.
14 -14.15 Industrial Waste Water Discharge Permit Fee.
The Wastewater Discharge Permit fee shall be paid annually by the applicant in
an amount adopted by Resolution of the City Council. Payment of permit fees
must be received by the City prior to issuance of either a new permit or a
renewed permit. A Permittee shall also pay any delinquent invoices in full prior to
permit renewal.
14- 14 -.16 Industrial Wastewater Discharge Permit for FOG Modification of
Terms and Conditions.
A. The terms and conditions of an issued permit may be subject to
modification and change in the sole determination of the Director
during the life of the permit based on.
1. The Discharger's current or anticipated operating data;
2. The City's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which
affect the City; or
4 A determination by the Director that such modification is
appropriate to further the objectives of this Chapter.
B. The Permittee may request a modification to the terms and
conditions of an issued permit. The request shall be in writing
stating the requested change, and the reasons for the change. The
Director shall review the request, make a determination on the
request, and respond in writing.
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C. The Permittee shall be informed of any change in the permit limits,
conditions, or requirements at least 45 days prior to the effective
date of change. Any changes or new conditions in the permit shall
include a reasonable time schedule for compliance.
14 -14.17 Industrial Wastewater Discharge Permit for FOG Duration and
Renewal.
Industrial Wastewater Discharge Permits for FOG shall be issued for a period not
to exceed 1 year. Upon expiration of the permit, the user shall apply for renewal
of the permit in accordance with the provisions of this Chapter
14 -14.18 Exemption from Industrial Wastewater Discharge Permit for FOG.
A Limited Food Preparation Establishment is not considered an FSE for the
purposes of this Chapter and is exempt from obtaining an Industrial Wastewater
Discharge Permit for FOG.
14 -14.19 Non - Transferability of Permits.
A. Industrial Wastewater Discharge Permits for FOG issued under this
Chapter are for a specific FSE, for a specific operation and create
no vested rights.
B. No permit holder shall assign, transfer or sell any Industrial
Wastewater Discharge Permit for FOG issued under this Chapter
nor use any such permit for or on any premises or for facilities or
operations or discharges not expressly encompassed within the
underlying permit.
C Any permit, which is transferred to a new owner or operator or to a
new facility, is void.
14 -14.20 Industrial Wastewater Discharge Permit for FOG Charge for Use.
In addition to the Discharge Permit application fee, a charge to cover all costs of
the City for providing the sewer service and monitoring shall be established by
Resolution of the City Council.
14 -14.21 Grease Interceptor Requirements.
A. No wastewater discharges from FSEs shall be introduced into the
sewer system until the required grease interceptors have been
approved by the Director.
B. Grease Interceptors shall be maintained in good and efficient
operating condition in accordance with the FOG Discharge Manual.
Ir"
C Grease interceptors must be cleaned and maintained, and FOG
must be removed from grease interceptors at regular intervals.
D. FOG removed from grease interceptors shall be waste hauled
periodically as part of the operation and maintenance requirements
for grease interceptors and disposed of at an approved location in a
proper manner and at regular intervals.
14 -14.22 • Monitoring and Reporting Conditions.
A. Monitoring for Compliance with FOG Wastewater Discharge
Conditions and Reporting Requirements
1. The Director may require periodic reporting of the status of
implementation of Best Management Practices, in
accordance with the FOG Control Program and the FOG
Discharge Manual.
2. The Director may require visual and other monitoring at the
sole expense of the Permittee to observe the actual
conditions of the FSEs sewer lateral and sewer lines
downstream.
3 The Director may require reports for self- monitoring of
wastewater constituents and FOG characteristics of the
Permittee needed for determining compliance with any
conditions or requirements as specified in the FOG
Wastewater Discharge Permit or this Chapter Monitoring
reports of the analyses of wastewater constituents and FOG
characteristics shall be in a manner and form approved by
the Director and shall be submitted upon request of the
Director.
4. Failure by the Permittee to perform any required monitoring,
or to submit monitoring reports required by the Director
constitutes a violation of this Chapter and shall be cause for
the City to initiate all necessary tasks and analyses to
determine the wastewater constituents and FOG
characteristics for compliance with any conditions and
requirements specified in the Industrial Wastewater
Discharge Permit for FOG or in this Chapter
5. The Permittee shall be responsible for any and all expenses
of the City in undertaking such monitoring analyses and preparation
of reports.
6. Other reports may be required such as compliance schedule
progress reports, FOG control monitoring reports, and any other
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reports deemed reasonably appropriate by the Director to ensure
compliance with this Chapter.
B. Record Keeping Requirements. The Permittee shall be required to
keep all documents identified by the Director relating to its
compliance with this Chapter, including manifests, receipts and
invoices of all cleaning, maintenance, grease removal of /from the
grease control device, and identification of any disposal carrier and
disposal site location for no less than 2 years. The Permittee shall,
upon request, make the manifests, receipts and invoices available
to any City representative, or inspector. These records may include:
1. A logbook of grease interceptor, and /or other grease control
device cleaning and maintenance practices.
2. A record of Best Management Practices being implemented
including employee training.
3 Copies of records and manifests of waste hauling interceptor
contents.
4. Records of sampling data and sludge height monitoring for
FOG and solids accumulation in the grease interceptors.
5. Any other information deemed appropriate by the Director to
ensure compliance with this ordinance.
C. Falsifying Information or Tampering with Process. It shall be
unlawful to make any false statement, representation, record,
report, plan or other document that is filed with the City, or to
tamper with or knowingly render inoperable any grease control
device, monitoring device or method or access point required under
this Chapter.
14 -14.23 Inspection and Sampling Conditions.
A. The Director may inspect or order the inspection and sample the
wastewater discharges of any FSE to ascertain whether the intent
of this Chapter is being met and the Permittee is complying with all
requirements of this Chapter. The Permittee shall allow the City
access to the FSE premises, during normal business hours, for
purposes of inspecting the FSE's grease control devices and /or
interceptor, reviewing the manifests, receipts and invoices relating
to the cleaning, maintenance and inspection of the grease control
devices or interceptor.
B. The Director shall have the right to place or order the placement on
the FSE's property, or other locations as determined by the
on
Director, such devices as are necessary to conduct sampling or
metering operations. Where an FSE has security measures in
force, the Permittee shall make necessary arrangements so that
representatives of the City shall be permitted to enter without delay
for the purpose of performing their specific responsibilities.
C. For the Director to determine the wastewater characteristics of the
discharger for purposes of determining the annual use charge and
for compliance with permit requirements, the Permittee shall make
available for inspection and copying by the City all notices,
monitoring reports, waste manifests, and records including, but not
limited to, those related to wastewater generation, and wastewater
disposal without restriction but subject to the confidentiality
provision set forth in this Chapter All such records shall be kept by
the Permittee a minimum of 2 years.
14 -14.24 Right of Entry.
Persons or occupants of premises where wastewater is created or discharged
shall allow the Director, or City representatives, reasonable access to all parts of
the FSE and all wastewater generating and disposal facilities for the purposes of
inspection and sampling during all times the discharger's facility is open,
operating, or any other reasonable time. No person shall interfere with, delay,
resist or refuse entrance to City representatives attempting to inspect any FSE or
facility involved directly or indirectly with a discharge of wastewater to the Sewer
System.
14 -14.25 Notification of Spill.
A. In the event a Permittee is unable to comply with any permit
condition due to a breakdown of equipment, accidents, or human
error or the Permittee has reasonable opportunity to know that
his /her /its discharge will exceed the discharge provisions of the
FOG Wastewater Discharge Permit or this Chapter, the discharger
shall immediately notify the City by telephone at the number
specified in the Permit. If the material discharged to the sewer has
the potential to cause or results in sewer blockages or SSOs, the
Permittee shall immediately notify the City, the Los Angeles County
Department of Public Health, the Regional Water Quality Control
Board, and the California State Office of Emergency Services if the
SSO is 1,000 gallons or more.
B Confirmation of this notification shall be made in writing to the
Director at the address specified in the Permit no later than 5
working days from the date of the incident. The written notification
shall state the date of the incident, the reasons for the discharge or
spill, what steps were taken to immediately correct the problem,
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and what steps are being taken to prevent the problem from
recurring.
C Such notification shall not relieve the Permittee of any expense,
loss, damage or other liability which may be incurred as a result of
damage or loss to the City or any other damage or loss to person or
property; nor shall such notification relieve the Permittee of any
fees or other liability which may be imposed by this Chapter or
other applicable law.
14 -14.26 Enforcement.
A. The City Council finds that, in order for the City to comply with the
laws, regulations, and rules imposed upon it by Regulatory
Agencies and to ensure that the Sewer Facilities are protected and
are able to operate with the highest degree of efficiency, and to
protect the public health and the environment, specific enforcement
provisions must be adopted to govern the discharges to the Sewer
System by FSEs.
B. Pursuant to the procedures set forth in Section 14- 14.37, a
Permittee, or applicant for a permit may appeal any determination
made by the Director, including but not limited to a denial of a
discharge permit, a notice of violation, permit suspension or
revocation, or a Compliance Schedule Agreement (CSA)
C The City, at its discretion, may utilize any one, combination, or all
enforcement remedies provided in this Chapter in response to any
FOG Wastewater Discharge Permit or Chapter violations.
14 -14.27 Violations.
A. The owner or operator of an FSE, Permittee or Discharger shall be
in violation of this Chapter if such owner, operator, Permittee or
Discharger commits any of the following:
1. Fails to install an approved grease control device as required
by this Chapter;
2. Makes any false statement, representation, record, report,
plan or other document that is filed with the City;
3 Tampers with or knowingly renders inoperable any grease
control device required under this Chapter;
4. Fails to clean, maintain or remove grease from a grease
control device within the required time for such cleaning,
maintenance or grease removal;
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5. Fails to keep up -to -date and accurate records of all cleaning,
maintenance, and grease removal and, upon request, fails to
make those records available to any City Code Enforcement
representative, or his or her designee, any representative of
a local sanitation agency that has jurisdiction over the
sanitary sewer system that services the FSE, or any
Authorized Inspector that has jurisdiction under the Water
Quality Chapter;
6. Refuses a City Code Enforcement representative, or his or
her designee, a representative of a local sanitary sewer
agency that has jurisdiction over the sanitary sewer system
that services the FSE, or any Authorized Inspector,
reasonable access to the FSE for the purposes of
inspecting, monitoring, or reviewing the Grease Control
Device manifests, receipts and invoices of all cleaning,
maintenance, grease removal of /from the Grease Control
Device, and /or to inspect the Grease Control Device;
7. Disposes of, or knowingly allows or directs FOG to be
disposed of, in an unlawful manner;
8. Fails to remove all food grinders located in the FSE by the
date specified by this Chapter;
9. Introduces additives into a wastewater system for the
purposes of emulsifying FOG without the written, specific
authorization from the sanitary sewer agency that has
jurisdiction of the sanitary sewer system that services the
FSE;
10. Fails to pay the Grease Disposal Mitigation Fee as specified
in this Chapter when due;
11 Fails to comply with the FOG Discharge Manual; or
12. Otherwise fails to comply with the provisions of this Chapter
or any permit issued by the City under this Chapter.
B Violations under this Section shall be subject to the procedures,
penalties and remedies set out in this Chapter and Chapter 1.04.
All costs for the investigations, enforcement actions, and ultimate
corrections of violations under this Section, incurred by the City
shall be reimbursed by the owner /operator of the FSE.
14 -14.28 Compliance Schedule Agreement (CSA).
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A. Upon determination by the Director that a Permittee, Discharger or
other owner or operator of an FSE or owner of a Property is in
noncompliance with the terms and conditions specified in its permit
or any provision of this Chapter, or needs to construct and /or
acquire and install a grease control device or grease interceptor,
the Director may require the Permittee, Discharger, owner or
operator to enter into a CSA with the City
B The issuance of a CSA may contain terms and conditions as
determine appropriate by the Director, including but not limited to
requirements for installation of a grease control device, grease
interceptor and facilities, submittal of drawings or reports, audit of
waste hauling records, best management and waste minimization
practices. Payment of fees, or other provisions to ensure
compliance with this Chapter.
C. The Director shall not enter into a CSA until such time as all
amounts owed to the City, including user fees, noncompliance
sampling fees, or other amounts due are paid in full, or an
agreement for deferred payment secured by collateral or a third
party, is approved by the Director. If compliance is not achieved in
accordance with the terms and conditions of a CSA during its term,
the Director may issue an order suspending or revoking the
discharge permit pursuant to this Chapter.
14 -14.29 Permit Suspension.
A. The Director may suspend any permit when it is determined that a
Permittee:
1 Fails to comply with the terms and conditions of a CSA
order.
2. Knowingly provides a false statement, representation,
record, report, or other document to the City.
3 Refuses to provide records, reports, plans, or other
documents required by the City to determine permit terms or
conditions, discharge compliance, or compliance with this
Chapter
4. Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
5. Refuses reasonable access to the Permittee's premises for
the purpose of inspection and monitoring.
22
6. Does not make timely payment of all amounts owed to the
City for user charges, permit fees, or any other fees imposed
pursuant to this Chapter
7 Causes interference, sewer blockages, or SSOs with the
Sewer Facilities.
8 Violates grease interceptor maintenance requirements, any
condition or limit of its discharge permit or any provision of
this Chapter.
B When the Director has reason to believe that grounds exist for
permit suspension, he /she shall give written notice thereof by
certified mail to the Permittee setting forth a statement of such
grounds.
C. Effect
1. Upon an order of suspension by the Director, the Permittee
shall immediately cease and desist its discharge and shall
have no right to discharge any wastewater containing FOG
directly or indirectly to the Sewer System for the duration of
the suspension. All costs for physically terminating and
reinstating service shall be paid by the Permittee.
2. Any owner or responsible management employee of the
Permittee shall be bound by the order of suspension.
14 -14,31 Permit Revocation.
A. Revocation. The Director may revoke any FOG Wastewater
Discharge Permit when it is determined that a Permittee has failed
to comply with this Chapter.
B. Notice of Revocation. When the Director has reason to believe that
grounds exist for the revocation of a permit, he /she shall give
written notice by certified mail thereof to the Permittee setting forth
a statement of such grounds.
C. Effect of Revocation.
1. Upon an order of revocation by the Director becoming final,
the Permittee shall permanently lose all rights to discharge
any wastewater containing FOG directly or indirectly to the
Sewer Facilities. All costs for physical termination shall be
paid by the Permittee.
2. Any owner or responsible management employee of the
Permittee shall be bound by the order of revocation.
23
3. Any future application for a discharge permit at any location
within the City by any person associated with an order of
revocation will be considered by the City after fully reviewing
the records of the revoked permit, which records may be the
basis for denial of a new permit.
4. An order of permit revocation issued by the Director shall be
final in all respects on the 16th day after it is mailed to the
Permittee.
14 -14.31 Damages to Sewer Facilities or Interruption of Normal Operations.
A. Any person who discharges any waste, including but not limited to
those listed under 40 CFR §403 5, which causes or contributes to
any sewer blockage, SSOs, obstruction, interference, damage, or
any other impairment to the Sewer Facilities or to the operation of
the Sewer Facilities shall be liable for all costs required to clean or
repair the Sewer Facilities together with expenses incurred by the
City to resume normal operations. The total amount shall be
payable within 45 days of invoicing by the City.
B Any person who discharges a waste which causes or contributes to
the City violating its discharge requirements established by any
Regulatory Agency incurring additional expenses or suffering
losses or damage to the Sewer Facilities, shall be liable for any
costs or expenses incurred by the City, including regulatory fines,
penalties, and assessments made by other agencies or a court.
14 -14.32 Public Nuisance — Criminal Penalties.
A. Discharge of wastewater in any manner in violation of this Chapter
or of any order issued by the Director, as authorized by this
Chapter, or any other violation of this Chapter is hereby declared a
public nuisance and shall be corrected or abated as directed by the
Director Any person creating a public nuisance is guilty of a
misdemeanor.
B Any person who creates a public nuisance, as set forth above, is
guilty of a misdemeanor, which upon conviction is punishable by a
fine not to exceed $1,000 00, or imprisonment for not more than 6
months, or both. Each violation and each day in which a violation
occurs may constitute a new and separate violation of this Chapter
and shall be subject to the penalties contained herein.
14-1433 Termination of Service
24
A. The City, by order of the Director, may physically terminate sewer
service and water service to any FSE, as follows:
1. On a term of any order of suspension or revocation of a
permit; or
2. Upon the failure of a person not holding a valid Discharge
Permit to immediately cease the discharge, whether direct or
indirect, to the Sewer Facilities after the notice and process
as provided herein.
B. All costs for physical termination shall be paid by the owner or
operator of the FSE or Permittee as well as all costs for reinstating
service
14 -14.34 Emergency Suspension Order.
The City may, by order of the Director, suspend sewer service and /or water
service when the Director determines that such suspension is necessary to stop
an actual or impending discharge which presents or may present an imminent or
substantial endangerment to the health and welfare of persons, or to the
environment, or may cause SSOs, sewer blockages, interference to the Sewer
Facilities, or may cause the City to violate any State or Federal Law or
Regulation. Any discharger notified of, and subject to, an Emergency Suspension
Order shall immediately cease and desist the discharge of all wastewater
containing FOG to the sewer system.
14 -14.35 Civil Penalties.
A. In addition to criminal penalties and administrative penalties
authorized by this Municipal Code, all users of the Sewer Facilities
are subject to enforcement actions administratively or judicially by
the City, U.S. EPA. State of California Regional Water Quality
Control Board, County of Los Angeles, or other Regulatory
Agencies. Said actions may be taken pursuant to the authority and
provisions of several laws, including, but not limited to. (1) Federal
Water Pollution Control Act, commonly known as the Clean Water
Act (33 U.S.C.A. Section 1251 et seq.); (2) California Porter -
Cologne Water Quality Control Act (California Water Code Section
13000 et seq.); (3) California Hazardous Waste Control Law
(California Health & Safety Code Section 25100 et seq.); (4)
Resource Conservation and Recovery Act of 1976 (42 U.S C.A
Section 6901 et seq.); and (5) California Government Code,
Sections 54739 -54740
B In the event the City is subject to the payment of fines or penalties
pursuant to the legal authority and actions of other regulatory or
enforcement agencies based on a violation of law or regulation or
25
its permits, caused by the discharge of any User of the Sewer
System which is in violation of any provision of the City's Chapter or
the user's permit, the City shall be entitled to recover from the user
all costs and expenses, including, but not limited to, the full amount
of said fines or penalties to which it has been subjected, plus legal
fees incurred in such action(s).
C. Pursuant to the authority of California Government Code Sections
54739 - 54740, any person who violates any provision of this
Chapter; any permit condition, prohibition or effluent limit; or any
suspension or revocation order shall be liable civilly for a sum not to
exceed $25,000.00 per violation for each day in which such
violation occurs. Pursuant to the authority of the Clean Water Act,
33 U.S.C. Section 1251 et seq., any person who violates any
provision of this Chapter, or any permit condition, prohibition, or
effluent limit shall be liable civilly for a sum not to exceed
$25,000.00 per violation for each day in which such violation
occurs. The City Attorney of the City, upon request of the Director,
shall petition the Superior Court to impose, assess, and recover
such penalties, or such other penalties as the City may impose,
assess, and recover pursuant to Federal and /or State legislative
authorization, plus legal fees incurred in such action(s).
D. Administrative Civil Penalties
Pursuant to the authority of California Government Code Sections 54740.5
and 54740.6, the City may issue an administrative complaint to any
person who violates:
1. any provision of this Chapter;
2. any permit condition, prohibition, or effluent limit; or
3 any suspension or revocation order.
14 -14.36 Appeals to the City Manager.
Any FSE or its owner or operator, permit applicant, Discharger or
Permittee adversely affected by a decision made by the Director may appeal the
decision by filing, within 10 days, a written request for hearing before the City
Manager accompanied by an appeal fee in an amount established by resolution.
The request for hearing shall set forth in detail all the issues in dispute, and all
facts supporting appellant's request. A hearing shall be held by the City Manager
within 65 days. If the matter is not heard within the required time, the order of
Director shall be deemed final. The appeal fee shall be refunded if the City
Manager reverses or modifies the order of the Director in favor of the appellant.
After the hearing, the City Manager shall uphold, modify, or reverse the decision.
The written decision shall be sent by certified mail to the appellant or its legal
26
course V representative at the appellants business address. The City Manager's
decision shall be final.
14 -14.37 Payment of Charges.
A. Except as otherwise provided, all fees, charges and penalties
established by this Chapter are due and payable upon receipt of
notice thereof. All such amounts are delinquent if unpaid 45 days
after date of invoice.
B. Any charge that becomes delinquent shall have added to it a
penalty in accordance with the following:
1. Forty -six days after date of invoice, a basic penalty of 10% of
the base invoice amount, not to exceed a maximum of
$1,000.00; and
2. A penalty of 1.5% per month of the base invoice amount and
basic penalty shall accrue from and after the 46th day after
date of invoice.
C. Any invoice outstanding and unpaid after 90 days shall be cause for
immediate initiation of permit revocation proceedings or immediate
suspension of the permit.
D. Penalties charged under this Section shall not accrue to those
invoices successfully appealed, provided the City receives written
notification of said appeal prior to the payment due date.
E. Payment of disputed charges is still required by the due date during
the City review of any appeal submitted by Permittees.
F. Collection of delinquent accounts shall be in accordance with the
City's policy resolution establishing procedures for collection of
delinquent obligations owed to the City, as amended from time to
time by the City Council. Any such action for collection may include
an application for an injunction to prevent repeated and recurring
violations of this Chapter.
14-1438 Judicial Review.
A. Pursuant to Section 1094 6 of the California Code of Civil
Procedure, the City hereby enacts this part to limit to 90 days
following final decisions in adjudicatory administrative hearings the
time within which an action can be brought to review such decisions
by means of administrative mandamus.
27
B. Notwithstanding the foregoing, and pursuant to Government Code
Section 54740.6, judicial review of a final order of the City Manager
or the Director imposing administrative civil penalties pursuant to
this Chapter may be made only if the petition for writ of mandate is
filed not later than the 30th day following the day on which such
order becomes final.'
SECTION 3 If any sentence, clause, or phrase of this Ordinance is for any
reason held to be unconstitutional or otherwise invalid, such decision shall not
affect the validity of the remaining provisions of this Ordinance. The City Council
hereby declares that it would have passed this Ordinance and each sentence,
clause or phrase thereof irrespective of the fact that any one or more sentences,
clauses or phrases be declared unconstitutional or otherwise invalid.
SECTION 4. Any provisions of the Lynwood Municipal Code, or appendices
thereto, or any other Ordinance of the City, to the extent that they are
inconsistent with this Ordinance, and no further, are hereby repealed.
SECTION 5 This Ordinance shall go into effect and be in full force and operation
from and after thirty days after its final passage and adoption.
SECTION 6. The City Clerk shall cause this Ordinance to be published and. if
appropriate, posted, as provided by law. Within fifteen (15) days after the
adoption of this Ordinance, the City Clerk shall and shall post in the Office of the
City Clerk a certified copy of the full text of this Ordinance along with the names
of those City Council members voting for and against the Ordinance
First read at a regular meeting of the City Council held on the 6th day of April,
2010 and adopted and ordered published at a regular meeting of said Council on
day of , 2010
PASSED, APPROVED and ADOPTED this day of 2010.
CITY OF LYNWOOD:
Aide Castro
Mayor
m
ATTEST:
Maria Quinonez
City Clerk
APPROVED AS TO FORM:
Fred Galante
City Attorney
Roger L. Haley
City Manager
APPROVED AS TO CONTENT:
G. Daniel Ojeda, P.E.
Director of Public Works /City Engineer
29
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that
the above and foregoing resolution, was duly adopted by the City Council of the
City of Lynwood at a regular meeting held in the City Hall of said City on the day
of , and passed by the following vote
AYES:
NOES:
ABSENT
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and forgoing is a full, true
and correct copy of Resolution No.
on file in my office and that said
resolution was adopted on the date and by the vote therein stated.
Dated this
day of
City Clerk, City of Lynwood
30
. . .
0 1`
DATE: December 21. 2010
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Manag�
PREPARED BY. G. Daniel Ojeda, P.E., Director of Public Works Ci Engineer
Paul Nguyen, P.E., Capital Improvement Program Manager
SUBJECT: Project Acceptance
Water Main Line Project Located on
State Street (from Tweedy Blvd. to Long Beach Blvd.)
Tweedy Boulevard (from Long Beach Blvd. to State St.)
Intersection of Long Beach Blvd. and Martin Luther King, Jr Blvd.
Project Number 4011.67 950
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
CONTRACT CHANGE ORDER NO. 1 AND ACCEPTING THE WATER MAIN LINE
PROJECT ON STATE STREET, TWEEDY BOULEVARD AND THE INTERSECTION
OF LONG BEACH BOULEVARD AND MARTIN LUTHER KING, JR. BOULEVARD,
PROJECT NUMBER 4011.67 950, AS BEING COMPLETE; AUTHORIZING THE CITY
ENGINEER TO PROCESS THE RECORDATION OF THE NOTICE OF COMPLETION;
AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE
NECESSARY FUNDS TRANSFER AND APPROPRIATION'.
Background:
On November 3, 2009, the City Council awarded a contract to Cedro Construction, Inc.
for the construction of the Water Main Line Project on State Street (from Tweedy Blvd.
to Long Beach Blvd.), Tweedy Boulevard (from Long Beach Blvd. to State St.) and the
intersection of Long Beach Boulevard and Martin Luther King, Jr. Boulevard, Project
Number 4011.67.950 The project started on November 30, 2009, and all construction
work on the project was completed on June 4, 2010. The project is funded with the1999
Water Bond funds and is now ready for acceptance by the City Council.
Discussion & Analysis:
During the course of construction, the contractor encountered various unknown
underground conditions that required some portions of the water main to be relocated(
ITEM
realigned and /or lowered, which added additional cost to the project. The final
construction cost for this project is $808,098.62, which includes the final contract
quantities and the costs for contract change order No. 1 for unforeseen additional work.
Fiscal Impact:
The project final construction cost of $808,098.62 is distributed as follows:
• Original Construction Contract Amount: $690,332.00
. Contract Change Order No.1:
1) Repair damaged sewer laterals $ 1,542.27
2) Pothole underground utilities for realignment of water $ 3,86032
Main
3) Repair existing void found underground $ 2,836.13
4) Change 12" water main connection on Long Beach Blvd $ 6,296.99
at Tweedy Blvd.
5) Add 2-45 Degree bends for water connection at State St. $ 1,405.04
and Minnesota Ave.
6) Realign water main at Cherokee Ave. to avoid existing
City of South Gate's water main
7) Realign water main on State St. to avoid unknown
substructure
8) Additional cost of night time work at Martin L. King, Jr
Blvd. and Long Beach Blvd.
9) Install invert on 12" water main to avoid existing
Substructure
$ 7,178.49
$ 2,566.82
$ 3,220.00
$ 12,769.00
10) Lower 12" water main of State St. to go under substructure$ 8,654.10
11) Add 45 Degree bends for water connections at Wisconsin $ 8,48472
Ave. and at Sequoia Ave.
12) Install 4" flushout on Michigan Ave. $ 5,46300
13) Realign fire hydrant lateral to avoid substructure $ 4,63079
2
14) Reduce spacing of rebar dowels for concrete pavement $ 8,169.01
in trench area on State St.
15) Install 12" pipe to clear sewer laterals on State St. $ 3,608.10
16) Additional striping on Tweedy Blvd. due to change on
realignment
17) Extend 6" laterals for fire hydrant and fire services on
Tweedy Blvd.
18) Extend water services on Tweedy Blvd.
19) Quantities reconciliation on various bid items
Total Cost for Contract Change Order No 1:
Final construction cost
$ 1,382.18
$ 16,227.66
$ 5,387.50
$ 14,084.50
$117,766.62
$808,098.62
The project budget is currently not adequately funded to cover for the final construction.
Staff has identified the available funds from Project 4011.67.982, another water main
improvement project, which can be transferred to this project.
Coordinated With:
City Attorney's Office
Finance Department
City Clerk's Office
3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
CONTRACT CHANGE ORDER NO. 1 AND ACCEPTING THE WATER MAIN LINE
PROJECT ON STATE STREET, TWEEDY BOULEVARD AND THE INTERSECTION
OF LONG BEACH BOULEVARD AND MARTIN LUTHER KING, JR. BOULEVARD,
PROJECT NUMBER 4011.67.950, AS BEING COMPLETE; AUTHORIZING THE CITY
ENGINEER TO PROCESS THE RECORDATION OF THE NOTICE OF
COMPLETION; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
MAKE THE NECESSARY FUNDS TRANSFER AND APPROPRIATION
WHEREAS, on November 3, 2009, the City Council awarded a contract in the
amount of $690,332 to Cedro Construction, Inc. for the construction of the Water Main
Line Project on State Street (from Tweedy Blvd. to Long Beach Blvd.), Tweedy
Boulevard (from Long Beach Blvd to State St.) and the intersection of Long Beach
Boulevard and Martin Luther King, Jr Boulevard, Project Number 4011 67.950; and
WHEREAS, the project started on November 30, 2010 and was completed on
June 4, 2010
WHEREAS, the project is funded with the 1999 Water Bond funds; and
WHEREAS, the final construction cost is $808,098.62, which includes contract
Change Order No.1 in the amount of $117,766.62 for unforeseen additional work and
the final reconciliation of final quantities; and
WHEREAS, the current project budget is not adequate to cove the final
construction cost; however, staff has identified additional funds that can be used for this
project; and
WHEREAS, Public Works staff conducted the final inspection on June 4, 2010
and found that all work was completed in accordance with the project plans and
specifications.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1 . That the City Council of the City of Lynwood approves Contract
Change Order No. 1 in the amount of $117,766 62 for the construction contract with
Cedro Construction, Inc. for the construction of the Water Main Line Project on State
Street (from Tweedy Blvd. to Long Beach Blvd.), Tweedy Boulevard (from Long Beach
Blvd. to State St.) and the intersection of Long Beach Boulevard and Martin Luther King,
Jr. Boulevard, Project Number 4011.67.950
4
Section 2 . That the City Council of the City of Lynwood accepts the Water Main
Line Project on State Street (from Tweedy Blvd. to Long Beach Blvd.), Tweedy
Boulevard (from Long Beach Blvd to State St.) and the intersection of Long Beach
Boulevard and Martin Luther King, Jr Boulevard, Project Number 4011.67.950 as
complete in accordance with contract documents; and authorizes the City Engineer to
process the recordation of the Notice of Completion.
Section 3 . That the City Manager or designee is authorized to make the
following funds appropriation and transfer:
FROM TO
Water Main Improvement Project Water Main Improvement Project
Project No. 4011.67.982 Project No. 4011.67.950
$117,000 $117,000
Section 4 . This Resolution shall go into effect immediately upon its adoption.
Section 5 . The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 21S day of December, 2010.
Aide Castro
Mayor
ATTEST:
Maria Quinonez
City Clerk
APPROVED AS TO FORM
Fred Galante
City Attorney
Roger L. Haley
City Manager
APPROVED AS TO CONTENT:
G Daniel Ojeda, P.E.
Director of Public Works / City Engineer
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing resolution was passed and adopted by the City Council of the City
of Lynwood at a regular meeting held on the day of , 20, and
passed by the following vote:
AYES
NOES:
ABSENT:
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council
of said City, do hereby certify that the above and forgoing is a full, true and correct copy
of Resolution No
on file in my office and that said resolution was adopted
on the date and by the vote therein stated.
Dated this day of , 20_
City Clerk, City of Lynwood
C.
-yRl�l Fl.l'rs.
f1 of �k
AGENDA STAFF REPORT
6 51d!_,�Yt.
DATE: December 21, 2010
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Manage
PREPARED BY: Robert Torrez, Assistant City Manager
Alfredo J. Lopez, III, Director of Human Resources
SUBJECT: Resolution to Approve Tax Deferred CaIPERS Member Paid
Contributions in Accordance with Internal Revenue Code
414(h)(2) Employer Pick -Up
Recommendation:
Staff respectfully requests that the City Council adopt the attached resolution
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD TO TAX DEFER MEMBER PAID CONTRIBUTIONS — IRC 414(h)(2)
EMPLOYER PICK -UP."
Background:
Currently, the State of California Government Code and local management and
non - management collective bargaining agreements allow the City to report to
CalPERS the Employer Paid Member Contribution (EPMC), currently at 8% of
base salary, in order to calculate the retirees' final and highest compensation
period. However, when the City reports EPMC to CalPERS, and, in turn, seeks
reimbursement of EPMC from the retiring employee during their last 12- months
of City service, that employee is currently reimbursing the City on a post -tax
basis. Therefore, adoption of the attached Resolution will allow the soon- to -be-
retired employees to reimburse the City on a pre -tax basis, and provide new
hires hired after January 1, 2011, the ability to use pre -tax dollars to pick -up their
EPMC as all new hires will begin to pay toward their retirement at the start of the
New Year.
Discussion & Analysis:
Per the State of California Government Code Section 20692, where it states:
"(a) Where a contracting agency employer or a school employer has
elected to pay all or a portion of the normal contributions of members of a
group or class of employment pursuant to Section 20691, the employer
ITEM
15
may, pursuant to a labor policy or agreement, stop paying those
contributions during the final compensation period applicable to the
members and, instead, increase the payrate of the members by an
amount equal to the normal contributions paid by the employer on behalf
of the employees in the pay period immediately prior to the final
compensation period or increase the payrate of the members by an
amount established by a labor policy or agreement in existence and in
effect on June 30, 1993. That amount shall not exceed the amount of the
normal member contributions that are required to be paid by the
members."
and local collectively bargained Memorandum of Understanding (MOU) between
the City and the Management Bargaining Group (City -MBG), and the City and
the Lynwood Employees' Association (City -LEA), where it states:
.. Each employee, eligible for service retirement may have his /her City
paid CalPERS contribution reported as compensation for all or any part of
the twelve (12) month period prior to his /her service retirement..."
employees are eligible to have their full member -paid contribution reported to
CalPERS for the purpose of calculating their final compensation period.
However, because the City has not adopted a City- CaIPERS Resolution for IRC
414(h)(2) the EPMC of 8% is reimbursed to the City on a post -tax basis by
retiring employees. With the adoption of the attached Resolution, management
and non- management employees will be eligible to reimburse the City for the 8%
on a pre -tax basis. In addition, new hires hired after January 1, 2011, will be able
to use pre -tax dollars to pick -up their EPMC as all employees will begin to pay
toward their retirement at the start of the New Year.
Fiscal Impact:
Monies for this purpose are currently budgeted. In addition, reporting EPMC to
CalPERS and seeking reimbursement from the City is a cost - neutral activity.
And, having all new hires pick -up EPMC will save the City more than $500,000 in
the next 10 years.
Coordinated With:
City Manager's Office
City Attorney's Office
Attachments:
Resolution
2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO
TAX DEFER MEMBER PAID CONTRIBUTIONS — IRC 414(H)(2) EMPLOYER
PICK -UP
WHEREAS, the governing body of the City of Lynwood has the authority
to implement the provisions of section 414(h)(2) of the Internal Revenue Code
(IRC); and
WHEREAS, the City of Lynwood has determined that even though the
implementation of the provisions of section 414(h)(2) IRC is not required by law,
the tax benefit offered by section 414(h)(2) IRC should be provided to All
Employees who are members of the California Public Employees' Retirement
System.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF LYNWOOD AS FOLLOWS:
Section 1. That the City of Lynwood will implement provisions of section
414(h)(2) Internal Revenue Code by making employee contributions pursuant to
California Government Code Section 20691 to the California Public Employees'
Retirement System on behalf of all its employees who are members of the
California Public Employees Retirement System. "Employee contributions" shall
mean those contributions to the Public Employees' Retirement System which are
deducted from the salary of employees and are credited to individual employee's
accounts pursuant to California Government Code section 20691.
Section 2. That the contributions made by the City of Lynwood to the
California Public Employees' Retirement System, although designated as
employee contributions, are being paid by the City of Lynwood in lieu of
contributions by the employees who are members of the California Public
Employees' Retirement System.
Section 3. That employees shall not have the option of choosing to
receive the contributed amounts directly instead of having them paid by the City
of Lynwood to the California Public Employees' Retirement System.
Section 4. That the City of Lynwood shall pay to the California Public
Employees' Retirement System the contributions designated as employee
contributions from the same source of funds as used in paying salary.
Section 5. That the amount of the contributions designated as employee
contributions and paid by the City of Lynwood to the California Public Employees'
Retirement System on behalf of employees shall be the entire contribution
required of the employee by the California Public Employees' Retirement Law
(California Government Code Sections 20000, et seq.).
3
Section 6. That the contributions designated as employee contributions
made by the City of Lynwood to the California Public Employees' Retirement
System shall be treated for all purposes, other than taxation, in the same way the
member contributions are treated by the California Public Employees' Retirement
System.
PASSED, APPROVED and ADOPTED this 21 st day of December, 2010.
ATTEST:
Maria Quinonez
City Clerk
APPROVED AS TO FORM:
Fred Galante
City Attorney
Aide Castro
Mayor
Roger L. Haley
City Manager
APPROVED AS TO CONTENT:
Alfredo J. Lopez III
Director of Human Resources
4
d <tao¢2 4�F LYw, O
�d AGENDA STAFF REPORT
n ti r
DATE: December 21, 2010
TO: Honorable Mayor and Members of the City Council
APPROVED BY. Roger L. Haley, City Mana
nZ
PREPARED BY: Perry Brents, Director of Recreation and Community Svcs.
Mark Flores, Deputy Director
SUBJECT: Facility Rental Fee Structure Research - Senior Center
Recommendation:
Staff recommends that City Council allow staff to conduct research that would
give consideration to the implementation of a rental fee structure for the Lynwood
Senior Citizen Center.
Background:
The City of Lynwood operates public facilities for both public and private use.
Under specific City of Lynwood guidelines, designated City facilities can be
rented or used in accordance with a City Council approved fee structure, City
policy, and an application process. When the Lynwood Senior Citizen Center
opened in 2008, a rental fee structure was not implemented. There have been
inquiries into the use of the Senior Center for various intergenerational programs,
including, funeral services for senior citizens, wedding receptions, senior citizen
parties and various other night -time and weekend programs. Staff would like to
study the implementation of a fee structure for the Lynwood Senior Citizen
Center.
Discussion & Analysis:
The City of Lynwood Senior Center was opened in 2008. 100% of the costs to
operate the center are provided through the City's General Fund. There is
increasing interest in private rental of the facility. Currently, unlike other City -
owned recreation facilities, there is no revenue generated by the use of the
facility. Activities at the Lynwood Senior Center focus on senior citizens and take
place during the day time hours Monday through Friday from 8:00 a.m. to 4:00
p.m. This facility is usually closed on the weekend and all major holidays. On
occasion, the senior center clubs provide some weekend and night -time activities
that may include entertainment, dancing and bingo.
There is no revenue re- capture, or a policy in place to address the City's costs for
operating the Lynwood Senior Citizen Center. Further analysis and research into
perspective types of usage would have to be completed to determine if the
implementation of a rental fee structure at the Senior Center is reasonable.
The Senior Center fee structure research would include but not be limited to a
study of reasonable re- capture costs, fees charged elsewhere for similar facilities
in other cities, and consideration of any other alternative revenue streams. The
evaluation would include appropriate considerations for current uses consistent
with the formula used for city facility rentals, non - profit, commercial, and
community group rentals and overall fees that are inline with comparable
community /senior centers. Consideration would be given to how the City can
maximize use of the facility, generate revenue, and address current and future
policy decisions regarding the facility.
Consideration for the implementation of a fee structure at the Lynwood Senior
Citizen Center will also include input from the Recreation and Community Affairs
Commission, the Finance Department, and the Senior Advisory Council. Findings
and recommendations will be brought back to City Council for consideration.
Fiscal Impact:
The anticipated Revenue /Expenditures associated with the use and /or service is
unknown at this time The cost recovery levels for the rental of the facility will be
determined based on market value of similar facilities alike and the cost to
provide use of the facility.
Coordinated With:
City Attorney
Finance and Administration
City Manager
2
a as
y AGENDA
DATE: December 21, 2010
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Manag
PREPARED BY: Maria Quinonez, City Clerk A �
Alicia Duarte, Executive Assistant to the City Clerk (Y
SUBJECT: Review of Board and Commission Members & Annual Boards and
Commissions Local Appointment List
Recommendation:
Staff recommends that the City Council review the list of Board and Commission
members. After review, the Council may wish to provide staff with direction in filling the
current vacancies, which are: Design Review Board (2 vacancies), Public Safety/Traffic
& Parking Commission (1 vacancy), Women's Commission (2 vacancies), Veterans
Affairs Council (2 vacancies) and Youth Commission (1 vacancy). The City Council
may further make any other adjustments to these Boards and Commissions, as it
deems appropriate, in accordance with the rules outlined below and in the Maddy Act.
It is also recommended that the City Council direct staff to post the attached Annual City
of Lynwood Boards and Commissions Appointment List, according to Maddy Act
requirements.
Background:
Please find attached the City
and a public notice identifying
notice to all applicants that all
criminal history check.
Discussion & Analysis:
of Lynwood Boards and Commissions Appointment List
the vacancies, with an open until filled deadline and a
appointments are subject to the successful passing of a
Per Ordinance No. 1584, and Subsections 2 -12.1 through 2 -12.6 of the Lynwood
Municipal Code, describing the provisions of Board and Commission Members
(Subsidiary Public Bodies), and the specific (2 -12.4) appointment and term of memberp. .
ITEM
107
a. Candidates for appointment to Subsidiary Public Bodies shall be
nominated by a Council Member and confirmed by a vote of the Council.
The appointed and confirmed candidates shall serve on the Subsidiary
Public Bodies to which they have been appointed until the earlier of:
A replacement is presented to the Council for confirmation by the
appointing Council member.
2. The appointing Council Member's term in office has ended; or
3. The resignation of an appointee.
b. Members of Subsidiary Public Bodies shall hold office until their
successors are appointed, qualified and take office.
C. Any and all provisions of this code relating to terms of office for members
of Subsidiary Public Bodies are hereby repealed and shall be governed by
the provisions of this section (Ord. #1584, 1).
The duty of each Commissioner is to represent the appointing Council Member's
interest (Lynwood Municipal Code sec. 2.22.d.1.). City Commission meetings are
established to conduct City business. Members shall be residents of the City, and not
officers or employees of the City.
The City Council may remove any member of any Commission, Board or Committee at
any time and without cause; provided, however, that any action of the City Council to
remove a member of the Personnel Board from office prior to the expiration of his term
shall not be effective unless approved by at least four (4) Councilmembers (Lynwood
Municipal Code sec. 2- 12.1).
Government Code Section 54970, known as the Maddy Act, requires the City Council to
annually, by December 31 of each year, prepare a list of all regular and ongoing
boards, commissions and committees, which are appointed by the City Council of the
City of Lynwood, with the name of the incumbent appointee, the date of the
appointment, the date the term expires and the necessary qualifications of the positions.
The Maddy Act requires that this list be posted at the public library and be available to
members of the public.
Fiscal Impact:
Stipends for the Boards and Commissions are currently budgeted at a total of $25 per
commissioner per meeting, excluding the Senior Advisory Council and the Veterans
Affairs Council, which do not receive stipends. The action recommended in this report
will not have a new fiscal impact on the City.
Coordinated With:
City Manager's Office
City Attorney's Office
Administrative and Community Services
Attachments: Boards and Commissions Local Appointment List
Public Notice
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CITY OF LYNWOOD
PUBLIC NOTICE
OF UNSCHEDULED VACANCIES (MADDY ACT)
The City of Lynwood encourages interested Lynwood residents to apply for cur-
rent vacancies on the boards /commissions listed below. Each of the board/
commission positions are for partial terms, set to expire on the dates listed
below, unless earlier terminated in accordance with the Lynwood Municipal Code.
Design Review Board
2 Vacancies Expire 12/11
Public Safety /Traffic & Parking Commission
1 Vacancy Expires 12/13
Veteran's Affairs Council
1 Vacancy Expires 12/11
1 Vacancy Expires 12/13
Women's Commission
1 Vacancy Expires 12/11
1 Vacancy Expires 12/13
Youth Commission
1 Vacancy Expires 12/11
REQUIREMENTS:
All of the members of the above boards /commissions must be residents of the City of Lynwood. The
responsibilities and qualifications of each board /commission listed above are further set forth in the
Lynwood Municipal Code.
WHERE TO APPLY:
Applications may be obtained and returned to the Lynwood City Clerk's Office, at 11330 Bullis
Road, Lynwood, CA 90262; or via fax to (310) 886 -0449. Applications will be received until posi-
tions are filled. All appointments are subject to the applicant successfully passing a criminal history
check.
Last updated 12 -21 -10