HomeMy WebLinkAbout1979 025 CC RESO1979 025 CC RESO (Ìì ñ xB RESOLUTION NO. 79-25
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK APPROVING
A DISPOSITION AND DEVELOPMENT
AGREEMENT AND THE SALE OF LAND
WHEREAS, the Redevelopment Plan for the Puente-Merced Redevelopment
Project has been duly adopted; and
WHEREAS, the Disposition and Development Agreement attached hereto as
Exhibit A" has been prepared for purposes of carrying out said Redevelopment;
and
WHEREAS, a public hearing has been duly held pursuant to Article II,
Chapter 4, Part I of the California Health and Safety Code; and
WHEREAS, the Baldwin Park Redevelopment Agency has previously prepared
an E.I.R. on the redevelopment project; and
WHEREAS, the development pursuant to the Disposition and Development
Agreement between the Agency and Kendall/Johnson Company is substantially
similar to the prototype concepts evalutated in the E.I.R. and the changes
in the project are insubstantial and will not require any revision of the
E.I.R., no new information of substantial importance has been made available
to the Agency indicating any new environmental impacts or the availability
of any mitigating measures applicable to the project.
NOW. THEREFORE, the City Council of the City of Baldwin Park does hereby
resolve, determine and order as follows:
SECTION 1. The City Council hereby finds and determines that the
entering into the Disposition and Development Agreement by the Redevelopment
Agency attached hereto as Exhibit A" and incorporated herein by reference
and the sale of the land pursuant to said Agreement are in the best interest
of the citizens of the City of Baldwin Park and are in conformity with the
Redevelopment Plan.
SECTION 2. The Disposition and Development Agreement and the sale of
land pursuant thereto are hereby approved.
SECTION 3. The City Council further finds and determines that an E.I.R.
has been prepared on the redevelopment project in conformity with C.E.Q.A. and
the guidelines adopted pursuant thereto and no further environmental assessment
needs to be prepared with respect to the development contemplated by this
Disposition and Development Agreement.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution
PASSED, APPROVED AND ADOPTED this 4th daw of April 1979.
//^L
MAYOR
ATTEST:
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1979 025 CC RESO (Ìì ñ xB Resolution No. 79-25
Page 2
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS:
CITY OF BALDWIN PARK
I. THELMA L. BALKUS, City Clerk of the City of Baldwin Park. do
hereby certify that the foregoing Resolution was duly passed, approved
and adopted by the City Council of the City of Baldwin Park at a
meeting of the City Council on the 4th day
of April, 1979. by the following vote:
AYES: COUNCILMEN Agin'tar, Me Neill, Izell, King and Mayor White
NOES: COUNCILMEN____________________________________
ABSENT: COUNCILMEN
M^.
THELMA L- BALKU$. CITY CLERK
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1979 025 CC RESO (Ìì ñ xB SL A^
f
B
OISPOSITIOIM
and
DEVELOPMEIMT
AGREEMENT
MARCH. 1979
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1979 025 CC RESO (Ìì ñ xB PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OP BALDWIN PARK,
AND THE KENDALL-JOHNSON COMPANY
THIS AGREEMENT, made and entered into on this
day of / 1979, by and between the COMMUNITY REDEVEL-
OPMENT AGENCY OF THE CITY OF BALDWIN PARK hereinafter
Agency") and KENDALL-JOHNSON COMPANY hereinafter Devel-
oper")
WITNESSETH:
The parties hereto do agree as follows:
Purpose. The purpose of this Agreement is to
effectuate the Redevelopment Plan for the Puente-Merced
Redevelopment Project hereinafter Redevelopment Plan")
which said Plan was approved and adopted by the City Council
of the City of Baldwin Park by Ordinance No. 780 for the
Puente-Merced Redevelopment Project hereinafter Project"),
This Agreement provides for the purchase and development of
certain real property, located within the Project area, which
is to be acquired for that purpose by Developer from the
Agency.
2. Contract Documents. The following documents
are integral parts of this Agreement, and are, each, attached
hereto, incorporated herein by this reference, as if set
forth in full, marked as follows:
a) Redevelopment Plan Attachment No. 1
b) Ordinance No. Attachment No. 2
c) Site Map Attachment No. 3
d) Legal Description of Site Attachment No. 4
e) Schedule of Performance Attachment No. 5
f) Form of Deed Attachment No. 6
g) Scope of Development Attachment No. 7
h) Certificate of Completion Attachment No, 8
3- The Site. The Site" is that real property
located within the Project area, as shown, generally, on the
Site Map, Attachment No, 3, legally described as set forth on
Attachment No. 4.
The Site is divided into lots as shown on
Attachments 3 and 4. Pr ior to completion of all development,
and by mutual agreement of Developer and Agency, in accordance
with all applicable laws, including but not limited to, the
Baldwin Park Municipal Code, and the Subdivision Map Act Sec-
tion 66410 et seq. of the Government Code), the subdivision
and/or re-subdivision of the lots may be accomplished.
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1979 025 CC RESO (Ìì ñ xB 4. Parties to the Agreement.
a) Agency. The Agency is a redevelopment
agency, exercising governmental functions and powers,
and organized and existing under the Constitution of the
State of California, and Section 33000 et seq. of the
Health and Safety Code of the State of California. The
principal office of the Agency is located at 14403 East
Pacific Avenue, Baldwin Park, California 91706.
Developer. Developer is a corporation
organized and existing under and by virtue of the laws
of the State of California. The principal office of the
Developer is
c) Successors in Interest. By execution of
this Agreement, the parties hereto intend, and do
hereby, bind their respective successors in interest to
the terms and provisions hereof. Whenever the word
Agency" or the word Developer" is used herein, they
shall be deemed to mean and include any and all lawful
successor in interest either of the parties hereto.
5. Assignment; Prohibition Against Change in
Ownership, Management and Control of Developer. The qualifi-
cations and identity of Developer, and its corporate officers,
are of particular concern to the Agency; in reliance upon
the same. Agency has entered into this Agreement with the
Developer.
Except as expressly provided in other Sections
hereof, the Developer shall not assign all or any part of
this Agreement without the prior written approval of the
Agency; provided such approval shall not be unreasonably
withheld.
The Developer shall promptly notify the Agency of
any and all changes whatsoever in the identity of the princi-
pal corporate officers in control of the Developer. This
Agreement may be terminated by the Agency, at its option, if
there is any significant change voluntary or involuntary) in
management or control of the Developer other than such
changes as are occasioned by the death or incapacity of any
such individual) prior to issuance of a Certificate of
Completion for the Site as hereunder provided.
The restrictions of this Section shall terminate,
automatically, upon issuance by the Agency of a Certificate
of Completion, as described hereinafter, for the entire Site.
6. Sale and Purchase. In accordance with and
subject to all the terms, covenants and conditions of this
Agreement, the Agency agrees to sell to the Developer and the
Developer agrees to purchase the Site. The Developer shall
pay the Agency as the purchase price therefor, the sum of
Dollars $________).
Escrow. The parties agree to open a sales
escrow with an escrow agent designated by Agency hereinafter
Escrow Agent"), within five 5) days after receipt by Agency
of a written request therefor from the Developer. This
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1979 025 CC RESO (Ìì ñ xB Agreement shall constitute the joint escrow instructions of
the Agency and the Developer/ and a duplicate original of this
Agreement shall be delivered to the Escrow Agent upon the
opening of the escrow. The Agency and the Developer shall
provide such additional escrow instructions consistent with
this Agreement as shall be necessary to consumate the sale of
the Site.
The Escrow Agent hereby is empowered to act under
such instructions, and shall carry out its duties as Escrow
Agent hereunder.
Upon delivery of the Grant Deed for the Site to the
Escrow Agent by the Agency, in the form described in Section
9 of this Agreement, the Escrow Agent shall record such deed
in accordance with these escrow instructions; provided that
the title to the Site can be vested in the Developer in
accordance with the terms and provisions of this Agreement.
Any liability or fire insurance policies governing the Site
are not to be transferred, unless the parties otherwise
jointly direct.
The Developer shall pay in escrow to the Escrow
Agent the following fees, charges and costs promptly after
the Escrow Agent has notified the Developer of the amount of
such fees, charges and costs, but not later than ten 10)
days prior to the scheduled date for the close of the escrow:
1. One-half of the escrow fee;
2. The portion of the premium for the title
insurance policy to be paid by the Developer, as set forth
hereinafter.
The Agency shall be responsible to the Escrow Agent
for the following fees, charges, and costs and shall pay to
the Escrow Agent or authorize their deduction from funds to
be paid to the Agency by the Escrow Agent:
1) One-half of the escrow fee;
2) Recording fees;
3) Notary fees;
4) The portion of the premium for the title
insurance policy to be paid by the Agency as
set forth in Section n of this Agreement;
5) Ad valorem taxes, if any, prorated to close of
escrow, upon the Site;
6) Any State, County or City documentary stamps
or transfer tax.
The Agency shall timely and properly execute,
acknowledge and deliver a deed in substantially the form
required hereunder, conveying to the Developer title to the
Site in accordance with the requirements hereof.
The Escrow Agent is authorized to:
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1979 025 CC RESO (Ìì ñ xB 1) pay, and charge the Agency and the Developer/
respectively, for any fees, charges and costs
referred to in this Section; and
2) disburse funds and deliver the deed and other
documents to the parties entitled thereto when
the conditions of this escrow have been ful-
filled. The purchase price shall not be dis-
bursed by the Escrow Agent unless and until it
has recorded the deed thereto and has delivered
to the Developer a title insurance policy
insuring title and conforming to the require-
ments of this Agreement; and
3) record any instruments delivered through this
escrow if necessary or proper to vest title in
the Developer in accordance with the terms and
provisions of this Agreement.
All funds received in this escrow shall be deposited
by the Escrow Agent in a general escrow account with any state
or national bank doing business in the State of California and
may be combined in such with other escrow funds of the Escrow
Agent. Such funds may be transferred to any other general
escrow account or accounts.
If this escrow is not in condition to close on or
before the time established he rounder for such conveyance,
either party who then shall have fully performed the acts to
be performed by it, before the conveyance of title to any por-
tion of Site, may, in writing, demand the return of its money,
papers, or documents from the Escrow Agent. No demand for
return shal1 be recognized until ten 10) days after the
Escrow Agent shall have served copies of such demand on the
other party. Written objections, if any, shall be served
on the Escrow Agent and the other party within the ten 10)
day period, in which event, the Escrow Agent shall be obli-
gated to hold all such money, papers and documents until
instructed by mutual agreement of the parties, or upon
failure thereof, by a court of competent jurisdiction. If no
such demand is made, the escrow shall be closed as soon as
possible.
Any amendment to the escrow instructions shall be
in writing and signed by both the Agency and the Developer.
At the time of any amendment, the Escrow Agent shall agree to
carry out its duties as Escrow Agent under such amendment.
All notices by the Escrow Agent to the Agency or
the Developer shall be accomplished in the manner set forth
in Section 43 of this Agreement.
8. Conveyance of Title and Delivery of Possession.
Subject to any mutually agreed upon extension of time, convey-
ance to the Developer of title to the Site shall be completed
on or prior to the date specified in the Schedule of Perfor-
mance attached hereto as Attachment No. 5, except as provided
in Section 6 hereof.
Possession of the Site shall be delivered to the
Developer concurrently with the conveyance of title.
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1979 025 CC RESO (Ìì ñ xB 9. Form of Deed. The Agency shall convey to the
Developer title to the Site, in the condition required here-
under, by the Grant Deed Grant Deed") in the form set forth
in Attachment No. 6.
10. Condition of Title. The Agency shall convey
to the Developer, marketable fee simple title to the Site,
free and clear of all recorded liens, easements, assessments,
leases and taxes except 1) easements of record for any
utility purpose; and 2) any easement, reserved right, lease
or other document of record, relating to the exploration for,
production or transportation of, any oil, gas, other hydro-
carbon substances or mineral of every kind and character,
together with the right to drill into, through, and to use
and occupy all parts of the Site, lying more than five hundred
feet 500 ft.) below the surface thereof, for any and all pur-
poses incidental to the exploration for, and/or production of,
oil, gas, other hydrocarbon substances or minerals from the
Site, but, without, however, any right to use either the sur-
face of the Site or any portion thereof within five hundred
feet 500 ft.) of the said surface, for any purpose or pur-
poses whatsoever.
11. Title Insurance. Concurrent with recordation
of the Grant Deed, a title insurance company designated by
the Agency hereinafter Title Company") shall provide and
deliver to the Developer a title insurance policy issued by
Title^Company insuring that the title is vested in the
Developer in the condition required hereby. The Title
Company shall provide the insurance policy and the title
insurance policy shall be in the amount of the purchase price
of the Site.
The Agency shall pay only for that portion of the
title insurance premium with respect to C.L.T.A. standard
title insurance upon the Site attributable to the purchase
price of such lot. The Developer, if it desires any addi-
tional title insurance, shall pay for all additional premiums
and for any extended coverage or special endorsements.
Agency and Developer shall attempt to obtain cover-
age against the effect of any water and irrigation easements
existing of record, if any, and in the event that such insur-
ance is obtainable. Agency shall pay the premium for such
insurance with respect to the portion of the premium for that
endorsement attributable to the purchase price of each lot,
Agency and Developer shall both execute such indemnity agree-
ments as may be required by the Title Company to obtain such
endorsement. If such insurance coverage is not obtainable,
Developer shall accept agency's written guarantee against any
loss occasioned by the existance or use of such easements.
12. Taxes and Assessments. Ad valorem taxes and/or
assessments, if any, lawfully levied on the Site, shall be
prorated and that portion allocable through and including the
date of conveyance of title, shall be borne by the Agency.
The portion of such taxes and/or assessments allocable after
such date shall be paid by the Developer.
13. Occupancy of the Site. Agency warrants and
agrees that title to the Site shall be conveyed free of any
possession or right of possession.
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1979 025 CC RESO (Ìì ñ x B 14- Zoning. Agency warrants and agrees that
zoning of the Site at the time of conveyance thereof shall be
such as to permit development of such Site and construction
of improvements thereon in accordance with the provisions of
the Plan and this Agreement.
Agency agrees to allow Developer, at its cost/ to
process a Parcel Map or Subdivision Map for the Site to
divide the Site into such number of lots as is desired by
Developer, subject to approval of all legally established
regulatory agencies, including but not limited to, the City
of Baldwin Park. Such map need not be recorded prior to
conveyance but shall be recorded prior to completion of
construction of all site development contemplated hereunder.
15. Condition of the Site. The Site, including
the soil beneathits surface shall be conveyed in an as is"
condition. It shall be the sole responsibility of Developer,
at Developer's expense to investigate the soil conditions of
the Site to determine the suitability of the same for the
development proposed to be constructed by Developer. If,
after conveyance of title, the soil condition of the Site or
any part thereof, is not in all respects, entirely suitable
for the use or uses to which the Site will be put, then it is
the sole responsibility and obligation of Developer to take
such actions as may be necessary to place the Site and the
soil conditions of the Site in all respects in a condition
entirely suitable for the development of the Site. If, prior
to conveyance of title. Developer determines that the soil
conditions of the Site are not suitable for the proposed
development and so notifies the Agency, Developer may ter-
minate this Agreement as provided in Section 40, unless
Agency elects to correct any condition which Developer
notifies Agency is not suitable for the development. Not-
withstanding the right to terminate for unsuitable soil
conditions. Developer shall have no right to terminate this
Agreement on the basis of unsuitable soil conditions,
if the unsuitable soil conditions are only attributable to
the first 24 inches of the soil measured from the existing
surface of the site.
16. Access by Developer. Pr ior to the conveyance
of title, representatives of the Developer shall have the
right of access to such portions of the Site as are owned by
the Agency, or as to which Agency has the right of possession,
at all reasonable times for the purpose of obtaining data and
making surveys and tests.
17 Scope of Site Development. The Site shall be
developed in accordance with and within the limitations
established in the Scope of Development," Attachment No. 7.
18. Preliminary Drawings, The Developer has
prepared and submitted to Agency, Preliminary Drawings dated
and related documents for the development of
the Site to the Agency for review and written approval within
the time established in the Schedule of Performance. The
Site shall be developed substantially as established in the
Drawings and related documents except as changes may be
mutually agreed upon between the Developer and the Agency.
Any such changes shall be within the limitations of the Scope
of Development.
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1979 025 CC RESO (Ìì ñ x
B 19. Landscaping and Finish Grading Plans. The
landscaping, and finish grading plans shall be prepared by
Developer and be submitted to the Agency for its approval.
Those plans shall be prepared and submitted within the times
established in the Schedule of Performance.
20. Construction Drawings. The Developer shall
prepare and submit for agency review, including, but not
limited to, architectural review, construction drawings, and
all necessary related documents collectively called the
Drawings") in two 2) stages. Preliminary and Final Construc-
tion Drawings, for the development of the Site at the times
established in the Schedule of Performance. Approval of
progressively more detailed drawings and specifications will
be promptly granted by the Agency if developed as a logical
evolution of drawings theretofore approved. Any items so
submi tted•and approved by the Agency shall not be subject
to subsequent approval.
If any revisions or corrections shall be required
by the City or any other official, agency, department or
bureau of the City having jurisdiction, the Developer and the
Agency shall cooperate in efforts to comply with such require-
ments or to develop mutually acceptable alternatives. If no
such alternative is developed, the Agency shall be bound by
such revisions or corrections if they are not inconsistent
with approved construction drawings and related documents.
21. Agency Approval of Plans, Drawings and Related
Documents. The Agency shall approve or disapprove the plans,
drawings, and related documents referred to in this Agreement
within the times established in the Schedule of Performance.
Failure by the Agency to either approve or disapprove within
the times established in the Schedule of Performance shall be
deemed approval. Any disapproval shall state in writing the
reasons for disapproval. The Developer, upon receipt of a
disapproval, based upon powers reserved by the Agency here-
under, shall revise such portions in a manner that is a
logical evolution of previously approved Basic Concept and
Construction Drawings and related documents and re submit to
the Agency as soon as possible after receipt of the notice
of disapproval.
22. Cost of Construction. The cost of developing
the Site and constructing all improvements thereon shall be
borne by the Developer, except for the work expressly set
forth on Attachment 7 to this Agreement to be performed by
Agency.
23. Construction Schedule. The Developer shall
begin and complete all construction and development within
the times specified in the Schedule of Performance, or such
reasonable extension of said dates as may be mutually agreed
upon.
24» Liability. Agency does hereby agree to hold
Developer free and harmless from any claim, demand or judgment
arising out of its activities pursuant to this Agreement,
The Developer does hereby agree to hold Agency, its officers
and employees free and harmless from any claim, demand or
judgment arising out of its activities pursuant to this
Agreement. Developer shall, within ten 10) days after
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1979 025 CC RESO (Ìì ñ x B execution of this Agreement/ take out and maintain in full
force and effect until the recordation of a Certificate of
Completion/ 1 lability insurance in minimum amounts approved
by Agency to insure compliance with the hold harmless"
clause above set forth. Developer shall file with Agency
a Certificate of Insurance evidencing the existence of such
insurance, which Certificate and policy or policies shall be
subject to cancellation only upon thirty 30) days pr ior
written notice thereof first given to Agency. In the event
of such cancellation. Agency may terminate this Agreement
forthwith, or at its option, obtain such insurance at Devel-
oper s expense. In such event. Developer shall pay such
sum direct to Agency, forthwith, upon receipt of invoice
therefor.
25. Antidiscrimination During Construction. The
Developer for itself and its successors and assigns agrees
that in the construction of the improvements on the Site pro-
vided for in this Agreement, the Developer will not discrim-
inate against any employee or applicant for employment
because of race, color, religion, sex, marital status or
national or igin.
26. City and Other Governmental Agency Approvals.
Before commencement of construction or development upon the
Site, the Developer shall at its own expense secure or cause
to be secured any and all permits which may be required by
the City or any other governmental agency affected by such
construction, development or work. The Agency shall provide
all proper assistance to the Developer in securing these
permits.
The Environmental Quality Control Act of 1970, as
amended, has been complied with by the Agency, as to this
Project.
27. Prohibition Against Transfer. Pr ior to the
recordation of a Certificate of Completion pursuant hereto,
the Developer shall not, except as permitted elsewhere by
this Agreement, make any total or partial sale, transfer, or
conveyance of the whole or any part of such Site or the
buildings or structures thereon, without prior written
approval of the Agency, This prohibition shall not apply
subsequent to the recordation of a Certificate of Completion.
This prohibition shall not be deemed to prevent the granting
of easements or permits to facilitate the development of the
Site or to prohibit or restrict the leasing of all or any
part of any building, structure, or Site, nor shall it pro-
hibit granting any security interests expressly described in
this Agreement for financing development of the Site. This
prohibition shall not prevent or restrict the sale or transfer
of any lot within the Site, as to which a Certificate of
Completion has been issued• Prior to the issuance by the
Agency of the Certificate of Completion provided for herein
as to completion of construction of the improvements, the
Developer may enter into any agreement to sell, lease, or
otherwise transfer, which shall take effect after the issu-
ance of such Certificate, the Site or any part thereof or
interest therein; such agreement shall not provide for
payment of, or on account of the purchase price or rent for
the Site, or the part thereof or the interest therein, to be
so transferred, prior to the issuance of such certificate.
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1979 025 CC RESO (Ìì ñ x
1979 025 CC RESO (Ìì ñ x
B completion of construction of the improvements, the
Agency shall at the same time deliver to each holder of
record of any mortgage a copy of such notice or demand.
Each such holder shall insofar as the rights of the
Agency are concerned) have the right, at its option to
cure or remedy or commence to cure or remedy any such
default and to add the cost thereof to the security
interest debt and the lien on its security interests-
such action by a holder shall be accomplished within the
time allowed the Developer to cure such defect. Nothing
contained in this Agreement shall be deemed to permit or
authorize such holder to undertake or continue the
construction or completion of the improvements, beyond
the extent necessary to conserve or protect the improve-
ments or construction already begun, without first
having expressly assumed the Developer* s obligations to
the Agency by written agreement satisfactory to the
Agency. The holder in that event must agree to complete,
in the manner provided in this Agreement, the improve-
ments 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 such holder
properly completing such improvements shall be entitled,
upon written request made to the Agency, to a Certificate
of Completion from the Agency,
d) Failure of Holder to Complete Improvements
In any case where, within the time permitted for curing
default by the Developer in completion of construction
of improvements under this Agreement, if the holder of
any mortgage has not exercised the option to construct,
or if it has exercised the option, has not proceeded
diligently with construction, the Agency may purchase
the mortgage interest by payment to the holder of the
then pr incipal and interest due on the unpaid debt.
If the ownership of the Site or any part has vested in
the holder, the Agency, if it so desires, shall be
entitled to a conveyance from the holder to the Agency
of the Site or any part upon payment to the holder of an
amount equal to the sum of the following:
i) The principal sum due and unpaid on
the mortgage at the time title became vested in the
holder less all appropriate credits, including
those resulting from collection and application of
rentals and other income received during foreclosure
proceedings) 7
ii) All expenses with respect to fore-
closure;
iii) The net expenses, if any exclusive
of general overhead), incurred by the holder as a
direct result of the subsequent management of the
Site;
iv) The costs of any improvements made
by such holder?
v) An amount equivalent to the interest,
at the rate applicable to the mortgage, that would
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1979 025 CC RESO (Ìì ñ xB 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.
e) Right of Agency to Cure Mortgage. In the
event of a default or breach by the Developer upon
the obligation of a mortgage, prior to the recorda-
tion of a Certificate of Completion for the improve-
ments on the Site, and the holder of any such mort-
gage has not exercised its option to construct, the
Agency may cure the mortgage default. In such event
the Agency shall be entitled to reimbursement from
the Developer of all costs and expenses incurred by
the Agency in curing the default. The Agency shall
also be entitled to a lien upon the Site to the
extent of such costs and disbursements. Any such
lien shall be subject to any prior recorded mortgage
executed for the sole purpose of obtaining funds to
purchase and develop the Site.
29. Right of the Agency to Satisfy Other Liens on
the Property After Title Passes. After the conveyance of
title and prior to the recordation of a Certificate of Comple-
tion for construction, and after the Developer has had a rea-
sonable time to challenge, cure or satisfy any liens or encum-
brances on the Site arising after the date of conveyance,
other than a mortgage, as defined herein, 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 Devel-
oper in good faith shall contest the validity or amount there-
of, and so long as such delay in payment shall not subject
the Site or any part thereof to forfeiture or sale.
30. Certificate of Completion. Promptly after
completion of all construction to be completed by the Devel-
oper upon the Site as set forth in the Scope of Development
and Drawings, the Agency shall furnish the Developer with a
Certificate of Completion, in the form attached hereto as
Attachment No. 8, upon written request therefor by the
Developer. Such certification and such determination shall
not constitute evidence of compliance with or satisfaction of
any obligation of the Developer to any holder of a mortgage.
The Agency shall not unreasonably withhold or delay
issuance of any such certificate. The certificate shall pro-
vide that satisfactory completion of the construction required
by this Agreement upon the Site has been conclusively deter-
mined by the Agency. Upon issuance of a Certificate of
Completion pertaining to the Site, the respective rights and
obligations of the parties with reference to the Site shall
be limited thereafter to those set forth in the deed conveying
the Site.
A Certificate of Completion for the entire improve-
ment upon the Site shall be in such form as to permit it to
be recorded in the Recorder's Office of Los Angeles County.
Uses. The Developer covenants and agrees that
during construction and thereafter until the expiration of
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1979 025 CC RESO (Ìì ñ xB the time set forth in Section 35 hereof, the Developer shall
devote the Site to the uses specified in the Scope of Develop-
ment and the Grant Deed.
32. Maintenance of the Site. The Developer shall
maintain the improvements on the Site and shall keep the Site
free from any accumulation of debris or waste materials.
The Developer shall also maintain the landscaping
required to be planted under the Scope of Development in a
healthy condition.
3 3. Obligation to Refrain from Discrimination.
The Developer covenants and agrees that there shall be no
discrimination against or segregation of any person, or group
of persons/ on account of sex, marital status, race, color,
creed, national origin or ancestry in the sale, lease, sub-
lease, transfer, use, occupancy, tenure or enjoyment of the
Site nor shall the Developer himself 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.
3 4. Form of Nondiscrimination and Nonsegregation
Clause. All deeds, leases or contracts with respect to the
Site, shall contain or be subject to the nondiscrimination
and nonsegregation clauses identical to those set forth in
Section 33000 efc seq., of the California Health and Safety
Code.
35. Effect and Duration of Covenants. The cove-
nants established in this Agreement, shall without regard to
technical classification and designation, be binding on
Developer for the benefit and in favor of the Agency and the
City. Except as set forth in the following sentence, the
covenants contained in this Agreement shall remain in effect
until July 15, 2009, unless the Agreement provides for their
earlier termination. The covenants against discrimination,
as described in Sections 33 and 34 hereof, shall remain in
perpetuity.
36. Defaults General. The failure or delay by
either party to timely perform each term or provision of this
Agreement constitutes a default under this Agreement. The
party who so fails or delays must immediately commence to
cure, correct, or remedy such failure or delay and shall
complete such cure, correction or remedy with reasonable
diligence,
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, and except as otherwise
expressly provided in Section 41, of this Agreement, the
injured party may not institute legal proceedings against the
party in default until thirty 30) days after giving such
notice. Delay in giving such notice shall not constitute a
waiver of any default nor shall it change the time of
default.
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1979 025 CC RESO (Ìì ñ xB 37. Institution of Legal Actions. In addition to
any other rights or remedies, 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. Such
legal actions must be instituted in the Superior Court
of the County of Los Angeles, State of California.
38. Applicable Law. The laws of the State of
California shall govern the interpretation and enforcement of
this Agreement.
39. Rights and Remedies are Cumulative. Except
with respect to rights and remedies expressly declared to be
exclusive in this Agreement, the rights and remedies of the
parties are cumulative, and the exercise by either party of
one or more of such 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.
4 0. Remedies and Rights of Termination Prior to
Conveyance of the Site.
Damages. If the Agency defaults with
regard to any of the provisions of this Agreement prior
to conveyance of the entire Site, the Developer shall
serve written notice of such default upon the Agency,
If the default is not cured or commenced to be cured by
the Agency within thirty 30) days after service of
notice of default, the Agency shall be liable to the
other party for damages caused by such default, except
as limited by Subsection 3 of this Section.
2. Specific Performance. If the Agency
defaults under any of the provisions of this Agreement
pr ior to conveyance of the entire Site, the Developer
shall serve written notice of such default upon the
Agency. If the default is not commenced to be cured by
the Agency within ninety 90) days of service of the
notice default, the Developer at its option, may insti-
tute an action for specific performance of the terms of
this Agreement.
Termination by Developer. In the event
that prior to conveyance of the Site:
a) the Agency does not tender conveyance
of the Site or possession thereof, in the manner
and condition and by the date provided in this
Agreement, and if any such default or failure shall
not be cured within thirty 30) days after the date
of written demand by the Developer," or
b) the Developer submits written evi-
dence to the Agency that the soil conditions of
each lot are not suitable for the development, sub-
ject to the provisions of Section 15 hereof, and
if the Agency does not correct such condition
within sixty 60) days from the date of Agency's
receipt of such evidence, or
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1979 025 CC RESO (Ìì ñ xB c) the Agency has not obtained rezoning
of the Site from the City of Baldwin Park, within
the time established by the Schedule of Performance,
then this Agreement with respect to any unconveyed por-
tion of the Site, shall at the option of the Developer,
be terminated by written notice thereof to the Agency.
Except with respect to the return of the
Deposit as provided in Section 42 hereof/ neither the
Agency nor the Developer shall have any further rights
against or liability to the other under the Agreement
with respect to any unconveyed lot.
4. Termination by Agency. In the event that
pr ior to the conveyance of title to the Site, to the
Developer and in violation of this Agreement:
a) the Developer assigns or attempts to
assign this Agreement or any right therein or to
the Site; or
b) there is substantial change in the
ownership of the Developer, or with respect to the
identity of the parties in control of Developer, or
the degree thereof contrary to the provisions of
Section 5 hereof; or
c) the Developer does not submit Draw-
ings as required by the Agreement by the dates
respectively provided in this Agreement therefor;
or
d) the Developer does not pay the
purchase price and take title to the Site under
tender of conveyance by the Agency pursuant to this
Agreement; or
e) if any default or failure referred
to in subdivisions c) or d) of this Section shall
not be cured within thirty 30) days after the date
of written demand by the Agency,
then this Agreement with respect to any unconveyed por-
tion of the Site, and any rights of the Developer, in
this Agreement with respect to any unconveyed portion of
the Site, or arising therefrom with respect to the
Agency, shall at the option of the Agency, be terminated
by the Agency. In the event of such termination, the
good faith deposit Section 42) shall be retained by
Agency as liquidated damages and as its property without
any deduction, offsetr or recoupment whatsoever. In
this respect, time is deemed, for all purposes, to be of
the essence of this Agreement. Agency and Developer
agree that it would be impractical or extremely difficult
to fix actual damages in case or Developer's default,
that the amount of said deposit is a reasonable estimate
of the damages and neither the Developer nor the Agency
shall have any further rights against or liability to
the other under this Agreement with respect to any
unconveyed portion of the Site if Agency so terminates
this Agreement. If the Agency terminates this Agreement
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1979 025 CC RESO (Ìì ñ xB after conveyance to Developer of a portion of the Site,
this Agreement shall remain in effect as to that portion
previously conveyed.
Said right of termination and retention of the
good faith deposit as liquidated damages shall be
Agency* s sole and exclusive remedy against Developer
with respect to any unconveyed portion of the Site, in
the event of Developer's default or failure as provided
above prior to conveyance of title thereto. Developer
recognizes that Developer's prompt purchase and develop-
ment of the Site in accordance with this Agreement is of
critical importance to the Agency * s ability: 1) to
carry out its other activities within the Project from
the proceeds of the purchase price, and 2) to repay
existing tax allocation bonds and to obtain other
financing from the tax increment which will be generated
by this development pursuant to California Health &
Safety Code Section 33670 et seq. Developer further
recognizes that the amount of the good faith deposit is
based not only upon the purchase price as set forth in
this Agreement, but also upon Agency's investment in the
Site.
41. Remedies of the Parties for Default After
passage of Title to Each Lot and Prior to Completion of
Construction.
1. Termination and Damages. After convey-
ance of title to the Site, and prior to the recordation
of a Certificate of Completion for such, if either the
Developer or the Agency defaults with regard to any of
the provisions of this Agreement the nondefaulting party
shall serve written notice of such default upon the
defaulting party. If the default is not cured or com-
menced to be cured by the defaulting party within ninety
90) days after service of the notice of default, the
defaulting party shall be liable to the other party for
such damages caused by such default and such other
relief, including without limitation, the right to ter-
minate the Agreement, as are afforded by applicable law.
2. Action for Specific Performance. After
the conveyance of title to the Site and prior to the
recordation of a Certificate of Completion for such, if
either the Developer or the Agency defaults under any of
the provisions of this Agreement, the nondefaulting
party shall serve written notice of such default upon
the defaulting party. If the default is not commenced
to be cured by the defaulting party within ninety 90)
days after service of the notice of default, the nonde-
faulting party at its option may institute an action
for specific performance of the terms of this Agreement.
3. Right of Reverter. The Agency shall have
the additional right, at its option, to re-enter and
take possession of all or any portion of the Site
actually conveyed, with all improvements thereon, and to
terminate and revest in the Agency the estate conveyed
to the Developer, if after conveyance of title and prior
to the recordation of the Certificate of Completion, the
Developer shall;
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1979 025 CC RESO (Ìì ñ xB a) fail to commence construction of the
improvements as required by this Agreement for a
period of ninety 90) days after written notice to
proceed from the Agency; or
b) abandon or substantially suspend con-
struction of the improvements for a period ninety
90) days after written notice protesting such
abandonment or suspension from the Agency; or
c) 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 ninety 90) days after
written demand by Agency to 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 limits
a) any mortgage permitted by this Agree-
ment 7
b) any rights or interests provided in
this Agreement for the protection of the holders of
such mortgages.
The Deed shall contain appropriate reference
and provision to give effect to the Agency* s rights, as
set forth in this Section under specified circumstances
prior to recordation of the Certificate of Completion to
re-enter and take possession of each lot with all
improvements thereon and to terminate and reinvest in
the Agency the estate conveyed to the Developer.
Upon the revesting in the Agency of the title
to the Site, the Agency shall use its best efforts to
resell the Site as soon and in such manner as the 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 shall assume the obligation of making or
completing the improvements. Upon such resale of the
Site, the proceeds thereof shall be applied:
a) First, to reimburse the Agency,
and/or the City for all costs and expenses incurred
by the Agency or City, including but not limited
to, salaries to personnel engaged in such action,
including general overhead expense, 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 that 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 pay-
able 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
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1979 025 CC RESO (Ìì ñ xB 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; and amounts otherwise owning the Agency by
the Developer; and
b) Second, to reimburse the Developer,
up to the amount equal to 1) the sum of the pur-
chase price paid to the Agency by the Developer for
the Site, 2) the costs incurred for the development
of the Site and for the agreed improvements existing
on the Site at the time of the re-entry and repos-
session, less 3) any gains or income withdrawn or
made by the Developer from the Site or the improve-
ments thereon.
Any balance remaining after such reimbursements
shall be retained by the Agency as its property.
To the extent that the rights established in
this Section involved 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 convey such Site to the Developer for
development and not for speculation in undeveloped land.
4:2 Good Faith Deposit. The Developer shall simul-
taneously with the execution of this Agreement by the Agency,
deliver to the Agency a good faith deposit in the amount of
ten percent 10%) of the total purchase price of the Site as
secur ity for the performance of those obligations of the
Developer to be performed prior to the return of the deposit
to the Developer, or its retention by the Agency as damages
subsequent to conveyance, in accordance with the provisions
of this Agreement.
The good faith deposit, at the option of the Devel-
oper, may be in the form of 1) cash; or 2) cashier's or
certified check; or 3) negotiable certificates of deposit
issued by a federal or state bank; or 4) any other form of
security acceptable to Agency. The Developer may change the
form of the deposit from time to time, at its option, to any
other of the permitted forms of deposit. The deposit, if
cash or certified or cashier's check, shall be deposited in
an account of the Agency in a bank or trust company selected
by it.
The Agency shall be under no obligation to pay or
earn interest on the deposit, but if interest shall accrue or
be payable thereon, such interest, when received by the
Agency, shall be the property of the Developer, and shall be
promptly paid to the Developer.
Upon termination of this Agreement by the Agency
pursuant to Subsection 4 of Section 40 hereof, because of a
default of the Developer, the entire deposit, including all
interest payable thereon after such termination, shall be
retained by the Agency as provided therein.
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1979 025 CC RESO (Ìì ñ xB Up termination of this Agreement by the Developer
pursuant to Section 40, the deposit shall be returned to the
Developer by the Agency.
If the Agreement is not earlier terminated, the
deposit shall be returned to the Developer upon conveyance of
title to the Site.
Notices. Notices pursuant to this Agreement
shall be given by personal service or by United States Postal
Service, postage pre-paid, addressed as follows:
a) AGENCY: Community Redevelopment Agency
of the City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, California 91706
b) DEVELOPER:
or such other place or places as the parties may from time to
time designate in writing. Notices given in accordance here-
with shall be binding for all purposes on parties so served.
Service shall be deemed given as of the date of personal
service, or, two consecutive calendar days after the date of
deposit of the same into the course of transmission of the
United States Postal Service.
44. Conflict of Interests. No member, official or
employee of the Agency shall have any personal interest,
direct or indirect, in this Agreement nor shall any such mem-
ber, official or employee participate in any decision relating
to the Agreement which affects his personal interests or the
interests of any corporation, partnership or association in
which it is, directly or indirectly, interested.
The Developer warrants that it has not paid or
given, and will not pay or give, any third party any money or
other consideration for obtaining this Agreement.
4 5. Nonliability of Agency Officials and Employees.
No member, official or employee of the Agency shall be per-
sonally 1iable to the Developer, or any successor in interest,
in the event of any default or breach by the Agency or for
any amount which may become due to the Developer or successor
or on any obiigations under the terms of this Agreement.
4 6. Enforced Delay: Extension of Times of Perfor-
mance. 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; insur-
rections; strikes; lock-outs; riots; floods; earthquakes;
fires; casualities; acts of God; acts of the public enemy;
epidemics; quarantine restrictions; freight embargoes; lack
of transportation; governmental restrictions or priority/-
litigation including, but not limited to, condemnation and
unlawful detainer actions against existing tenants); unusually
severe weather; inability to secure necessary labor, materials
and tools; delays of any contractor, subcontractor or sup-
plier; acts of the other party; acts or failure to act of any
other public or governmental entity or any other causes beyond
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1979 025 CC RESO (Ìì ñ xB the control or without the fault of the party claiming an
extension of time to perform. An extension of time for any
such cause shall be for the period of the enforced delay and
shall commence to run from the time of the commencement of
the cause, if notice by the party claiming such extension is
sent to the other party within thirty 30) days of the com-
mencement of the cause. Times of performance under this
Agreement may also be extended in writing by the Agency and
the Developer.
47. Inspection of Books and Records. The Agency
has the right at all reasonable times to inspect the books
and records of the Developer pertaining to the Site as
pertinent to the purposes of this Agreement. The Developer
also has the right at all reasonable times to inspect the
books and records of the Agency pertaining to the Site as
pertinent to the purposes of the Agreement.
48. Approvals. Approvals required of the Agency
or the Developer shall not be unreasonably withheld.
49. Redevelopment Plan Amendment. Any amendments
to the Redevelopment Plan which would otherwise change any
material provision of this Agreement shall not be effective
as to the Site unless the written consent of the Developer is
first obtained. Amendments of the Redevelopment Plan applying
to other property in the Project area shall not require the
consent of the Developer.
50. Real Estate Commission. The Agency represents
that it has not retained any broker or finder in connection
witn this Agreement. The Agency shall not be liable for any
real estate commissions, brokerage fees or finder's fees
which may arise from this Agreement.
The Developer represents that it has not retained
any broker or finder in connection with this Agreement.
Developer shall not be liable for any real estate commission,
brokerage fees or finder's fees which may arise from this
Agreement.
51. Easements. Any easements or covenants which
Developer proposes for the use, operation or maintenance of
the Site shall be submitted to Agency for its approval prior
to recordation of such easements or covenants. This require-
ment shall only apply to easements or covenants which are to
be created prior to completion of all construction upon the
Site.
52. Entire Agreement, Waivers and Amendments. This
Agreement is executed in three 3) duplicate originals, each
of which is deemed to be an original.
This Agreement includes twenty 20) pages and
attachments, which constitute the entire understanding and
agreement of the parties.
This Agreement integrates all of the terms and
conditions mentioned herein or incidental hereto, and super-
sedes all negotiations or previous agreements between the
parties with respect to all or any part of the subject matter
hereof.
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1979 025 CC RESO (Ìì ñ xB All amendments hereto roust be in writing and signed
by the appropriate authorities of the Agency and the Developer
53. Time for Acceptance of Agreement by Agency.
This Agreement, when executed by the Developer and delivered
to the Agency, must be authorized, executed and delivered by
the Agency within thirty 30) days after date of signature by
the Developer or this Agreement shall be voidable/ upon notice
in writing from Developer. The date of this Agreement shall
be the date when the Agreement shall have been signed by the
Agency.
IN WITNESS WHEREOF, the Agency and the Developer
have executed this Agreement as of the dates set opposite
their signature.
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF BALDWIN PARK
By
By
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1979 025 CC RESO (Ìì ñ xB REDEVELOPMENT PLAN
FOR
THE PUENTE-MERCED REDEVELOPMENT PROJECT
ATTACHMENT NO. 1
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1979 025 CC RESO (Ìì ñ xB REDEVELOPMENT PLAN
FOR
THE PUENTE-MERCED REDEVELOPMENT PROJECT
I. SECTION 100) INTRODUCTION
The Redevelopment Plan for the Puente-Merced Redevelopment
Project consists of Part I Text) and Part II Map). This
Plan has been prepared by the Baldwin Park Redevelopment
Agency, City of Baldwin Park, California, pursuant to the
California Community Redevelopment Law Health and Safety
Code Section 33000 et seq.), the Constitution of the State
of California, and all applicable local codes and
ordinances.
II. SECTION 200) GENERAL DEFINITIONS
The following definitions will be used in this Plan unless
the context otherwise requires:
A. Agency" means the Baldwin Park Redevelopment Agency,
City of Baldwin Park, California.
B. City" means the City of Baldwin Park, California.
C. City Council" means the City Council of the City of
Baldwin Park/ California.
D. County" means the County of Los Angeles, California.
E. Map" means the Redevelopment Plan Map for the
Puente-Merced Redevelopment Project.
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1979 025 CC RESO (Ìì ñ xB F. Owner" means any individual or entity owning real
property" as defined herein.
G. Person" means any individual, or any public or
private legal entity.
H. Plan" means the Redevelopment Plan for the Puente-
Merced Redevelopment Project.
I, Planning Commission" means the Planning Commission
of the City of Baldwin Park, California.
J. Project" means any undertaking of the Agency
pursuant to this Plan.
K. Project Area" means the area included within the
boundaries of the Puente-Merced Redevelopment Project.
L. Real Property" means land, buildings, structures,
fixtures, and improvements on the land; property
appurtenant to, or used in connection with the land;
every estate, interest, privilege/ easement/
franchise, and right in land/ including rights-of-way,
terms for years, and liens, charges, or encumbrances
by way of judgement, mortgage; or otherwise
indebtedness secured by such liens.
M. Redevelopment Law" means the Community Redevelopment
Law of the State of California California Health
and Safety Code Section 33000 et seq.).
N. State" means the State of California.
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1979 025 CC RESO (Ìì ñ xB III. SECTION 300) PROJECT AREA BOUNDARIES
The boundaries of the Puente-Merced Redevelopment Project
are shown on the Map. The legal description of the
boundaries of the Project are as follows:
That portion in the City of Baldwin Park, County
of Los Angeles, State of California included with-
in a parcel of land bounded and described as
follows:
Beginning at the most northerly corner of Parcel 6,
as shown on that certain State of California
Relinquishment Map 909, recorded in the State
Highway Map Book No. 12, page 86, on December 13,
1974, in the office of the County Recorder for Los
Angeles County; thence northwesterly along the
northwesterly prolongation of the northeasterly line
of said Parcel 6 to its intersection with the south-
westerly prolongation of the northwesterly line
of Puente Avenue 60 feet wide, as shown on said
Relinquishmenfc Map 909; thence northeasterly along
said southwesterly prolongation and along said
northwesterly line of Puente Avenue a distance of
955 feet more or less to the northwesterly prolong-
ation of the northeasterly line of Lot 56 of El
Monte Walnut Place in the City of Baldwin Park, as
per map recorded in Book 6, page 104 of Maps in the
office of the County Recorder for Los Angeles
County; thence southeasterly along said last
mentioned northwesterly prolongation and along
said northeasterly line of said Lot 56 a distance
of 987.36 feet more or less to the most easterly
corner of Lot 56; thence southwesterly along the
southeasterly boundary of the City of Baldwin Park
a distance of 472 feet more or less to the south-
easterly corner of Parcel 4 of the State Relinquish-
ment Map 909 recorded in the State Highway Map Book
No. 12, page 85, on December 13, 1974, in the Office
of the County Recorder of Los Angeles County; thence
South 82°38'41" West along the southerly line of
said Parcel 4, said line also being the southerly
line of Garvey Avenue as it existed March 1, 1978),
a distance of 190.99 feet; thence westerly along
a tangent curve concave to the north and having a
radius of 2,018 feet, through a central angle of
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1979 025 CC RESO (Ìì ñ x B 5°08'14"/ an arc distance of 180.94 feet; thence
continuing westerly along said southerly line of
Parcel 4 along a compound curve concave to the
north and shown on said Relinquishment Map 909 as
having a radius of 668 feet through a central
angle of 21°07*07" an arc distance of 246.22 feet
to its point of ending; thence northwesterly in a
direct line to a point in the southwesterly line
of Merced Avenue said line also being the south-
easterly prolongation of the northwesterly line
of said Parcel 6), distant 161 feet southeasterly
measured along said southwesterly line of Merced
Avenue from the point of beginning; thence North
48°44'25" West to the point of beginning.
IV. SECTION 400) PROPOSED REDEVELOPMENT ACTIONS
The Agency proposes to eliminate and prevent the spread
of blight and deterioration in the Project Area by:
1) the acquisition of certain real property; and
2) providing relocation assistance to qualified
residential, commercial and industrial land
occupiers; and
3) the demolition or removal of certain buildings
and/or improvements; and
4) the installation, construction or reconstruction
of streets, utilities, and other public and/or
private improvements; and
5) the disposition for re-use of property acquired
for redevelopment in accordance with this Plan.
A. Section 401) Acquisition of Real Property
r The Agency may, but is not required to, acquire all
real property located in the Project Area. The
Agency is authorized to acquire real property by
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1979 025 CC RESO (Ìì ñ x B purchase/ lease/ g.rtt, grant, bequest/ devise, or
other means authorized by law, including, but not
limited to the exercise of the power of eminent
domain,
It is in the public interest and is necessary in
order to eliminate the conditions requiring
redevelopment that the Agency be authorized to
acquire real property within the Project Area.
The Agency shall not acquire real property to be
retained by an owner pursuant to a participation
agreement if the owner fully performs under the
Agreement,
The Agency shall not acquire interests in oil, gas
or other mineral substances within the Project
Area/ except where such acquisition is necessary to
prevent recovery and/or production or extraction of
such oil, gas or other mineral substances within
the Project Area/ or within 500 feet of the surface
of land within the Project Area.
B. Section 402) Acquisition of Personal Property
Generally, personal property shall not be acquired/-
however / where necessary to achieve the purposes of
this Plan, the Agency is authorized to acquire
personal property within the Project Area by any law
ful means.
C. Section 403) Time for Commencement of Eminent
Domain Action
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1979 025 CC RESO (Ìì ñ x B Unless amended by legislative action, all actions
for acquisition of property within the Project
Area by eminent domain shall commence within
twelve years of the date of adoption of the Plan/-
this time limit shall not limit any actions in
progress prior to the expiration of said twelve
year period.
D. Section 404) Property Management
During such time as property in the Project Area is
owned by the Agency, such property shall be under the
management and control of the Agency. The Agency is
authorized to rent or lease such property pending its
disposition for redevelopment purposes.
The Agency is authorized, but not required/ in any
year during which it owns property in the Project
Area, to pay directly to the City, County or other
taxing agency which would have levied a tax upon such
property had it not been exempt, an amount of money
in lieu of taxes.
The Agency is also authorized to pay to any taxing
agency with territory located within the Project
Area, an amount of money which in the Agency's
determination is appropriate to alleviate any
financial burden or detriment caused to such Agency
by the Project.
E. Section 405) Relocation
The Agency shall assist all persons, including
business concerns, displaced by the Project in finding
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1979 025 CC RESO (Ìì ñ x B alternative locations and facilities. The Agency
shall provide to all such displaced persons all advisory
assistance and services and all relocation payments
authorized by law.
F. Section 406) Demolition, Clearance and Site
Preparation
The Agency is authorized to demolish and clear buildings,
structures, and other improvements from any real
property in the Project Area as necessary to carry
out the purposes of this Plan. In the manner
prescribed by law, the Agency is also authorized to
prepare or cause to be prepared as building sites, any
real property in the Project Area owned or acquired
by the Agency.
Whenever dwelling units housing persons and families
of low or moderate income are destroyed or removed
from the low- and moderate-income housing market as
a result of the Project, the Agency shall, within four
years of such destruction or removal, rehabilitate,
develop or construct, or cause to be rehabilitated,
developed, or constructed, for rental or sale to
persons and families of low or moderate income an
equal number of replacement dwellings, at affordable
rents or prices, within the territorial jurisdiction
of the Agency.
G. Section 407) Public Improvements, Public Facilities,
and Public Utilities
The Agency is authorized to install and construct or
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1979 025 CC RESO (Ìì ñ x B cause to be installed and constructed the public
improvements and public utilities necessary to
carry out the purposes of this Plan. Such
improvements may be made within or outside of
the Project Area.
As illustrated on the Redevelopment Plan Map/
existing public streets and rights-of-way within
the Project Area may be altered or modified as
necessary to insure a circulation system which will
allow for the highest and best use of the land with-
in the Project Area.
The following public improvements may be provided by
the Agency or may be provided by the City or other public
corporation with reimbursement of all or a portion of
attendant costs to be made by the Agency upon the
appropriate determination and findings of the City
Council as required by Section 33445 of the
Redevelopment Law:
1) New or reconstructed streets and other
public ways; and
2) Water, sewer or other utility systems; and
3) Street lighting, street furniture and other
similar improvements; and
4) Off-street parking facilities.
H. Section 408) Property Disposition and Development
For the purposes of this Plan, the Agency is
authorized to sell, lease, exchange, subdivide,
transfer, assign, pledge, encumber by mortgage or
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1979 025 CC RESO (Ìì ñ x!B deed of trust, or otherwise dispose of any interest
in real or personal property.
To the extent permitted by law, the Agency is
authorized to dispose of real property by negotiated
leases or sales without public bidding.
All real property acquired by the Agency in the
Project Area shall be sold or leased to public or
private persons or entities for development for the
uses permitted by this Plan. Real property may be
conveyed by the Agency to the City without charge.
Property containing buildings or structures
rehabilitated by the Agency shall be offered for sale
within one year after completion of rehabilitation or
annual report concerning such property shall be
published by the Agency as required by law.
To provide adequate safeguards to ensure that the
provisions of this Plan will be carried out and to
prevent the recurrence of blight, all real property
sold, leased, or conveyed by the Agency shall be made
subject to the provisions of this Plan by deeds,
contracts, leases/ agreements, declarations of
restrictions, provisions of the zoning ordinance,
and other means. Where appropriate, as determined
by the Agency, such documents or portions thereof
shall be recorded in the Office of the Recorder of
the County. The deeds, contracts, agreements,
leases and declarations of restrictions may contain
restrictions, covenants running with the land, right
of reverter, conditions subsequent, equitable
servitudes, or any other provisions necessary to
carry out this Plan.
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1979 025 CC RESO (Ìì ñ x"B I. Section 409) Purchase and Development Documents
Ail property in the Project Area sold, leased, or
conveyed by the Agency shall be made subject by
appropriate documents to the restriction that there
shall be no discrimination or segregation based upon
race/ color, creed/ religion, sex, marital status,
national origin, or ancestry in the sale/ lease, sub-
lease, transfer/ use, occupancy, tenure/ or enjoyment
of property within the Project Area. All deeds,
leases, or contracts for the sale, lease, sublease, or
other transfer of any land within the Project Area
shall contain or be subject to the nondiscrimination
or nonsegregation clauses required by this Plan or
hereafter prescribed by law.
Express provisions shall be included in all deeds,
leases and contracts which the Agency proposes to
enter into with respect to the sale, lease, sublease,
transfer, use, occupancy, tenure, or enjoyment of any
land in a redevelopment project in substantially the
following form:
In deeds the following language shall appear--
The grantee herein covenants by and for him-
self, his 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 premises herein conveyed, nor shall the
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1979 025 CC RESO (Ìì ñ x#B grantee himself or any person claiming under
or through him, 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 premises herein conveyed. The foregoing
covenants shall run with the land."
In leases, the following language shall appear--
The lessee herein covenants by and for him-
self, his heirs, executors/ administrators, and
assigns/ and all persons claiming under or through
him/ 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, sub-
leasing, transferring, use, occupancy,
tenure, or enjoyment of the premises herein
leased, nor shall the lessee himself, or
any person claiming under or through him,
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,
sublesees, subtenants, or vendees in the
premises herein leased."
j. Section 410) Participation by Owners and Tenants
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1979 025 CC RESO (Ìì ñ x$B The Agency is authorized to permit persons who are
owners or tenants of residential, business and other
types of real property in the Project Area to be
given the opportunity to participate in redevelopment
by rehabilitation, by retention of improvements,
or by new development by retention of all or a
portion of their properties/ by acquiring adjacent
or other properties in the Project Area/ or by selling
their properties to the Agency and purchasing other
properties in the Project Area.
In the event an owner/participant fails or refuses to
rehabilitate or newly develop his real property
pursuant to this Plan and the Agreement therefore, the
real property or any interest therein may be acquired
by the Agency and sold or leased for rehabilitation
or development in accordance with this Plan.
If conflicts develop between the desires of
participants for particular sites or land uses, the
Agency is authorized to establish reasonable
priorities and preferences among the owner and tenants
In addition to opportunities for participation by
individual persons and firms/ participation to the
extent it is feasible shall be available for two or
more persons, firms or institutions, to join together
in partnerships/ corporations, or other joint entities
Participation opportunities shall necessarily be
subject to and limited by such factors as the
expansion of public facilities; elimination and
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1979 025 CC RESO (Ìì ñ x%B and changing of land uses; realignment of streets;
the ability of owners to finance acquisition and
development in accordance with the Plan; any
reduction in the total number of individual
parcels in the Project Area, and development of a
site for the uses intended by this Plan.
K. Section 411) Rules for Participation Opportunities
The Agency shall provide an opportunity to owners
and tenants in the Project Area to participate in the
growth and development of the Project Area. The
Agency has heretofore promulgated rules for owner and
tenant participation.
L. Section 412) Participation Agreements
Each person desiring to become a participant shall
enter into a binding agreement with the Agency by
which the participant agrees to rehabilitate, develop/
or use the property in conformance with the Plan and
to be subject to the provisions hereof.
In such agreements/ owner and tenant participants
shall be required to join in the recordation of such
documents as are necessary to make the provisions of
this Plan applicable to their properties subject to
such owner participation agreements.
Reasonable preferences shall be extended to persons
who are engaged in business in the Project Area to
reenter in business within the Project Area provided
that they otherwise meet the requirements of this Plan
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1979 025 CC RESO (Ìì ñ x&B M. Section 413) Rehabilitation
The Agency is authorized to acquire and rehabilitate
or to cause to be rehabilitated any building or
structure within the Project Area. The Agency is
also authorized to advise, encourage, and assist
in the rehabilitation of property in the Project
Area not owned by the Agency.
N. Section 414) Development
To the extent now or hereafter permitted by law, the
Agency is authorized to pay for, or construct/ any
buildings, facilities, structures or other improve-
ments, within or outside the Project Area, for itself
or for any public body or entity to the extent that
such improvement would be of benefit to the Project
Area.
V. SECTION 500) USES PERMITTED AND DEVELOPMENT GUIDELINES
A. Section 501) General Objectives
The general objectives of the Puente-Merced Redevelop-
ment Project are to eliminate and arrest the spread
of blight within the Project Area, and to increase
the viability of the area as a commercial element of
the City's economic base.
B. Section 502) Map
The Map illustrates the land uses to be permitted
within the Project Area as well as the location of
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1979 025 CC RESO (Ìì ñ x'B the Project Area and the proposed public rights-of-
way. All development within the Project Area shall
conform with the land uses indicated on the Map.
C. Section 503) Land Uses
General retail and service commercial uses are to be
permitted within the Project Area. Such uses may
include, but not necessarily be limited to,
automobile sales and service establishments,
restaurants/ and attendant public and/or private
parking facilities.
D. Section 504) Rights-of-Way and Circulation
Principal streets within the Project Area are shown
on the Map and are as follows:
1) Puente Avenue
2) Garvey Avenue
E. Section 505) Development Standards
All real property within the Project Area is hereby
made subject to the controls and requirements of
this Plan. No real property shall be developed,
rehabilitated, or otherwise changed after the date
of this Plan except in conformance with the provisions
of this Plan.
Except as inconsistent with this Plan, all require-
ments of the City's Zoning regulations as they now
exist, or as they hereafter are amended, shall apply
to development and redevelopment within the Project Area
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1979 025 CC RESO (Ìì ñ x(B The Agency is authorized with respect to individual
development or rehabilitation proposals to
establish such additional development standards as
may be necessary to assure that the objectives of
this Plan are met. Such standards may exceed the
requirements of the City's Zoning Regulations.
1' Section 506) Yard and Lot Sizes
The Agency is authorized to establish yard and
lot area requirements for all new development
within the Project Area which may exceed re-
quirements of the City's Zoning Regulations.
2. Section 507) Landscaping and Screening
The Agency is authorized to require that adequate
landscaping and screening be provided for each
new development or rehabilitation project
proposed within the Project Area. The Agency
additionally is authorized to require enclosing
or screening of all outdoor storage of equipment
or materials, and of loading and service areas
appurtenant to permitted land uses.
3. Section 508) Utilities
All on-site utilities shall be placed under-
ground, except where the Agency determines that
such is not economically or physically feasible.
4. Section 509) Height and Bulk Limitations
Except as specifically set forth in this Plan,
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1979 025 CC RESO (Ìì ñ x)B there shall be no limitation on the type,
size, height or proposed use of buildings
within the Project Area, other than those
set forth in the City's Zoning Regulations
with respect to the particular land use
involved. The number of buildings in the
project area shall not exceed thirty 305.
5. Section 510) Approximate Number of Dwelling
Units
The number of dwelling units presently in the
Project Area is thirteen 13). No dwelling units
are to be developed or permitted within the
Project Area as a result of this Plan.
6. Section 511) Open Spaces
The approximate amount of open space to be
provided in the Project Area is the total of all
areas which will be in the public rights-of-way,
the space around buildings, and all other outdoor
areas not permitted to be covered by buildings.
7. jSection 512) Compatibility of Development
With Surrounding Uses and Buffering
No use or structure, which by reason of appearance/
traffic, smoke, glare, noise, odor, or similar
factors which would be incompatible with
surrounding areas or structures shall be
permitted within the Project Area. Within the
Project Area there shall be no extraction of oil,
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1979 025 CC RESO (Ìì ñ x*B gas/ or other mineral substances nor any
opening or penetration for any such purpose
connected therewith within five hundred feet
of the surface, except with the express
written approval of the Agency. Commercial
development adjacent to residentially zoned proper'
ties shall be developed to minimize the impact
of noise, light, glare, and the visibility of
commercial rear yards from such residential
properties in conformance with development
standards articulated by the City's Zoning
Ordinance or by standards established pursuant
hereto by the Agency.
F. Section 513) Development Approvals
No new improvement shall be constructed and no
existing improvement shall be substantially modified,
altered, repaired, or rehabilitated except in
accordance with architectural/ landscape, and site
plans submitted to and approved in writing by the
Agency. Such plans shall conform to all provisions
of this Plan, and shall reflect attention to good
design, open space, and other amenities necessary
to enhance the aesthetic quality of the Project Area.
G. Section 514) New Construction
All new construction shall comply with this Plan,
and all applicable State and Local laws.
H, Section 515) Existing Uses
The Agency is authorized to permit an existing use
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1979 025 CC RESO (Ìì ñ x+B to remain in an existing building, which does not
conform to the provisions of this Plan, provided
that such use is found by the Agency to be generally
compatible with the development and uses intended
by this Plan for the Project Area.
The owner of such a property must be willing to
enter into a Participation Agreement and agree to
the imposition of such reasonable restrictions as
are necessary to protect the development and use of
the Project Area.
I. Section 517) Re-subdivision of Parcels
No parcel in the Project Area, including any parcel
retained by a conforming owner or participant, shall
be re-subdivided without the aoproval of the Agency.
J" Section 518) Nondiscrimination and Nonsegregation
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 permitted in
the sale, lease, sub-lease, transfer, use, occupancy,
tenure, or enjoyment of property within the Project
Area.
K. Section 519) Development and Building Permits
Within Project Area
Upon the adoption of this Plan, no permit shall be
issued for the construction of any new building or
any addition to an existing building, or for
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1979 025 CC RESO (Ìì ñ x,B rehabilitation of any existing buildin9 for which
the estimated cost exceeds $10,000, in the Project
Area until the application for such permit has
been approved by the Agency. Any permit that is
* issued he re under must be for construction which
conforms to the provisions of this Plan.
r--,
VI. SECTION 600) METHODS FOR FINANCING THE PROJECT
A. Section 601) General Description of the Proposed
Financing Methods
Upon the adoption of this Plan by the City Council/
the Agency is authorized to finance this Project with
financial assistance from the City/ the State of
California, property tax increments, interest income,
Agency bonds/ or any other available source/ public
or private.
Advances and loans for planning and operating capital,
and for nominal administration of this Project may
be provided by the City until adequate tax increments
or other funds are available or sufficiently
assured to repay the loans and to permit borrowing
adequate working capital from sources other than the
City. The City, as it is able, may also supply
additional assistance through City loans and grants
for public improvements, public facilities and
public utilities.
The Agency is hereby authorized to obtain advances,
borrow funds and create indebtedness in carrying out
the Redevelopment Plan.
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1979 025 CC RESO (Ìì ñ x-B B• Section 602) Agency Bonds
The Agency is authorized to issue bonds if needed
and feasible in an amount sufficient to finance
the Project. The principal and interest may be
payable:
1. Exclusively from the income and revenue of the
redevelopment projects financed with the
proceeds of the bonds, or with such proceeds
together with financial assistance from the
City, State or Federal government in aid of the
projects.
2. Exclusively from the income and revenues of
certain designated redevelopment projects whether
or not they were financed in whole or in part
with the proceeds of the bonds.
3. In whole in in part from taxes allocated to, and
paid into a special fund of the Agency.
4. From its revenues generally.
5. From any contributions or other financial
assistance from the City, State or Federal
government.
6. By any combination of these methods.
The amount of bonded indebtedness outstanding at any
one time, to be paid in whole or in part; from the
allocation of taxes, described in Section 603, shall
not exceed the sum of $1.25 million, principal amount
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1979 025 CC RESO (Ìì ñ x.B C. Section 603) Tax Increments
All taxes levied upon taxable property within the
Project each year by or for the benefit of the State
of California, County of Los Angeles, City of
Baldwin Park, any district/ or other public
corporation hereinafter sometimes called taxing
agencies") after the effective date of the ordinance
approving this Redevelopment Plan, shall be divided
as follows:
1. That portion of the taxes which would be produced
by the rate upon which the tax is levied each year
by or for each of said taxing agencies upon the
total sum of the assessed value of the taxable
property in the Redevelopment Project as shown upon
the assessment roll used in connection with the
taxation of such property by such taxing agency/
last equalized prior to the effective date of
such ordinance, shall be allocated to and when
collected shall be paid into the funds of the
respective taxing agencies as taxes by or for said
taxing agencies on all other property are paid
for the purpose of allocating taxes levied by or
for any taxing agency or agencies which did not
include the territory of the Project on the
effective date of such ordinance but to which
such territory is annexed or otherwise included
after such effective date, the assessment roll of
the County of Los Angeles last equalized on the
effective date of said ordinance shall be used
in determining the assessed valuation of the
taxable property in the Project on said effective
date); and
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1979 025 CC RESO (Ìì ñ x/B 2. That portion of said levied taxes each year in
excess of such amount shall be allocated to and
when collected shall be paid into a special
fund of the Agency to pay the principal of and
interest on bonds, loans, monies advanced to/
or indebtedness whether funded, refunded, assumed,
or otherwise) incurred by the Agency to finance
or refinance, in whole or in part, this
Redevelopmen t Project. Unless and until the
total assessed value of the taxable property in
the Project exceeds the total assessed value of the
taxable property in the Project as shown by the
last equalized assessment roll referred to in
Paragraph 1 hereof, all of the taxes levied and
collected upon the taxable property in the Project
shall be paid into funds of the respective taxing
agencies. When said bonds, loans, advances and
indebtedness, if any/ and interest thereon, have
been paid, all monies thereafter received from taxes
upon the taxable property in the Project shall be
paid into the funds of the respective taxing
agencies as taxes on all other property are paid.
The limit on the number of dollars which may be
provided and allocated to the Agency pursuant to
Section 603(2) of this Plan and Section 33670(b) of
the Redevelopment Law is $3.75 million. Such portion
of realty taxes shall not be divided nor allocated
to the Agency beyond such dollar limitation, except
by amendment to this Plan.
The portion of taxes described in Paragraph 2 may be
irrevocably pledged for the payment of the principal
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1979 025 CC RESO (Ìì ñ x0B of and interest on the advance of monies, or making
of loans, or the incurring of any indebtedness
whether funded, refunded, assumed, or otherwise) by
the Redevelopment Agency to finance or refinance in
whole or in part the Project.
Loans, advances and other indebtedness to be repaid
from such allocation of taxes may be established at
any time within 30 years of the adoption of this Plan.
Such indebtedness may not be established subsequent
to expiration of said 30 year period. Such loans,
advances, or indebtedness may be repaid over a period
of time longer than such time limit.
The Agency is authorized to make such pledges as to
specific advances/ loans and indebtedness as
appropriate in carrying out the Project.
D. Section 604) Other Loans and Grants
Any other loans, grants, or financial assistance from
the Unites States, the State of California, City of
Baldwin Park, or any other public or private source may
be utilized by the Agency if desired and when they
become available.
VI1. SECTION 700) ACTIONS BY THE CITY
The City shall aid and cooperate with the Agency in
carrying out this Plan and shall take all actions necessary
to insure the continued fulfillment of'this Plan and to
prevent the recurrence or spread in the area of conditions
causing blight. Action by the City may include, but not
be limited to, the following:
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1979 025 CC RESO (Ìì ñ x1B 1. Section 701)
Institution and completion of proceedings for opening,
closing, vacating, wideninc-;, or changing the grades
of streets, alleys, and other public rights-of-way,
and for other necessary modifications of the streets,
the street layout, and other public rights-of-way in
the Project Area. Such action by the City shall
include proceedings for the abandonment and relocation
by the public utility companies of their operations
in public rights-of-way as appropriate to carry out
this Plan.
2. Section 702)
Institution and completion of proceedings necessary
for changes and improvements in publicly-owned public
utilities within or affecting the Project Area.
3. Section 703)
Provisions for administrative enforcement of this Plan
by the City after development. The City and the
Agency shall develop and provide for enforcement of
a program for continued maintenance by owners of all
real property, both public and private, within the
Project Area throughout the duration of this Plan.
4. Section 704)
Performance of the above, and of all other functions
and services relating to public health/ safety, and
physical development normally rendered in accordance
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1979 025 CC RESO (Ìì ñ x2B with a schedule which will permit the redevelopment
of the Project Area to be commenced and carried to
completion without unnecessary delays.
5. Section 705)
The undertaking and completing of any other
proceedings necessary to carry out the Project.
6. Section 706)
The City of Baldwin Park may finance activities of the
Agency either through loans or grants. All monies
expended by the City on behalf of the Agency shall,
unless otherwise established at the time the
expenditure is made, be treated as loans to the Agency
which shall be repaid to the City. Such loans shall
be on terms established by the City and the Agency.
The obligation of the Agency to repay any such loan
or any interest thereon shall be subordinate to any
other financial oblications of the Agency.
VIII. SECTION 800) ENFORCEMENT
After development, the administrative enforcement of this
Plan or other documents implementing this Plan, shall be
performed by the City and/or the Agency.
The provisions of this Plan or other documents entered
into pursuant to this Plan may also be enforced by court
litigation instituted by either the Agency or the City.
Such remedies may include, but are not limited to/
specific performance, damages, reentry, injunctions, or
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1979 025 CC RESO (Ìì ñ x3B any other remedies appropriate to the purposes of this
Plan. In addition, any recorded provisions which are
expressly for the benefit of owners of property in the
Project Area may be enforced by such owners.
IX. SECTION 900) DURATION OF THIS PLAN
Except for the nondiscrimination and nonseqregation
provisions which shall run in perpetuity, the provisions
of this Plan shall be effective for 40 years from the
date of adoption of this Plan by the City Council.
X. SECTION 1000) PROCEDURE FOR AMENDMENT
This Plan may be amended by means of the procedure
established in Sections 33450 33458 of the Redevelopment
Law or by any other procedure hereafter established by
law.
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1979 025 CC RESO (Ìì ñ x4B
rJ
0 /--
v
PUENTE / MERGED
REDEVELOPMENT PLAN MAP
ft
sc/\u;; i rKin
LAND USES:
Illlll GOMIVIERCIAL
PROJECT BOUNDARY
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1979 025 CC RESO (Ìì ñ x5B ORDINANCE NO. 780
AM ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK APPROVING AMD ADOPTING THE
REDEVELOPMENT PLAN FOR THE PUENTE-MERCED
REDEVELOPMENT PROJECT
WHEREAS, the Community Redevelopment Agency of the
City of Baldwin Park, hereinafter Agency"), has formulated
and prepared and approved a proposed Redevelopment Plan for
the Puente-Merced Redevelopment Project and has recommended
that this City Council approve said Redevelopment Plan/-
and
WHEREAS, the Planning Commission of the City of
Baldwin Park has submitted its report and recommendation,
recommending approval of said Plan; and
WHEREAS, the Agency has heretofore adopted rules
for owner participation, personnel rules, conflict of interest
rules, rules implementing the provisions of the California
Environmental Quality Control Act, relocation assistance
guidelines, and a relocation plan; and
WHEREAS, the Environmental Impact Report relating to
said Plan was made available for review as required by law and
all comments received thereon have been reviewed and ans-wered
when appropriate and incorporated in said Environmental Impact
Report; and
WHEREAS, pursuant to notice duly given, the Agency
and this City Council have held a full and fair public hearing
on such Environmental Impact Report and plan are fully advised
with respect thereto; and
WHEREAS, all actions required by the Community
Redevelopment Law and other applicable laws have been taken
in an appropriate and timely manner;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK DOES ORDAIN AS FOLLOWS:
SECTION 1. The purposes and intent of the City
Council with respect to the Project Area of the Puente-Merced
Redevelopment Project are to:
1. Eliminate the conditions of blight in the
Project Area;
2. Insure, as far as possible, that the cause
of blighting conditions will be either eliminated
or protected against?
3. Provide participation for owners and business
tenants in the Project Area;
4. Encourage and insure the rehabilitation,
rebuilding and development of the Project Area;
ATTACHMENT NO. 2
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1979 025 CC RESO (Ìì ñ x1B ORD. NO. 780
PAGE 2
5. Encourage and foster the economic revit»rJD¨sion
of the Project Area;
6. Redevelop and rebuild the public facilities in
the ProjÁßU ˆuea to provide safer and more
efficient public services.
SECTION 2. The Redevelopment N~Péaor the Puente-Merced
Redevelopment Project, transmitted by the Agency and on file
with tÒ€D} sy Clerk, is hereby incorporated herein by reference
and made a part hereof as fully as ifš–Jéhut at leigth herein
hereinafter Plan").
SECTION 3. The City Council hereby finds and ’K[»jines
that:
1. The Project Area is a blighted area/ the redevelop-
ment of which i9B[ªbssary to effectuate the
public purposes declared in the Community Redevelop-
men>B!_¾<
2. The Plan will effectuate the redevelopment of
the Project Area consistantly wi*NCJ¡b Community
Redevelopment Law and the interests of the
public peace/ health/ safety and wUì_»b;
3. The adoption and carrying out of the Pkan is
economically sound and feasible;
ÇèSé' The Plan conforms to the General Plan of the City
of Baldwin Park;
5. The carrying õ ¦a the Plan will promote the
public peace/ health/ safety and welfare of the
City of Balt÷PéWark and will efectuat® the
purposes and policy of the Community Redevelopment
Law;
6.ZF]j¡b condemnation of real property, as provided
for in the Plan is necessary for execution ofÃ(Kªo Plan and adequate provisions have been made
for payment for property to be acqriå ¨t pro-
vided by law;
7. The Agency has a feasible method/ and has adopted
a plan/ fo¨ÏV¬'relocation of persons who may
be displaced from housing facilities in the
Project Area;
:`ç' There are or are being provided in other areas,
not generally less desirable than the p$M[ªs
area, in regard to public utilities and public
and commercial facilities and at rents o‚ L des
within the financial means of the families and
persons displaced from the Project Area, decent/
safe, and sanitary'dwellings equal in number to
the number of and available to such displaced
families and persons and reasonably accessible to
their places of employment.
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1979 025 CC RESO (Ìì ñ x7B ORD. NO. 780
PAGE 3
9. Inclusion of any lands, buildings, or improvements
in the project area which are not detrimental to
r the public health, safety, or welfare is necessary
for the effective development of the area of
which they are a part; that any such area included
is necessary for effective redevelopment and is
not included for the purpose of obtaining the
allocation of tax increment revenues from such
are pursuant to Section 33670 without other
substantial justification for its inclusion.
10. The elimination of blight and the redevelopment of
the project area could not be reasonably expected
to be accomplished by private enterprise acting
alone without the aid and assistance of the agency.
11. The City Council has determined that the effect
of partial tax increment financing for this
plan will not cause any financial burden upon
or detriment to any taxing agency which now, or
hereafter will, derive revenues from the
project area.
SECTION 4. The City Council is satisfied that permanent
housing facilities will be available within three 3) years from
the time occupants of the Project Area are displaced and that
pending the development of such facilities there will be available
to such displaced occupants adequate temporary housing facilities
at rents comparable to those in the project area at the time of
their displacement.
SECTION 5. A full and fair public hearing having been
held on the Plan and the Environmental Impact Report, as stated
in the recitals herein, and the City Council having considered
all evidence and testimony for and against the adoption of said
Plan and all matters relating to the Environmental Impact Report
and all written and oral objections thereto, and this City
Council being fully advised in the premises, all written and
oral objections to said Plan are hereby overruled.
SECTION 6. The Plan incorporated herein by the
references above, be, and hereby is, approved, adopted and
designated as the official Redevelopment Plan for the Puente"
Me reed Redevelopment Project and for the Project Area described
therein.
SECTION 7. In order to implement and facilitate
the effectuation of the Plan-hereby approved and adopted,
certain official action must be taken by tne City, and this City
Council declares its intention to undertake and complete any
proceedings necessary to be carried out by the City under the
provisions of the Redevelopment Plan, including, without limita-
tion, changes in zoning, the location and relocation of public
facilities, and other similar public actions, and in pursuance
thereof, and without limitation, the City Council hereby:
a) Pledges its cooperation in helping to carry out
such Redevelopment Plan;
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1979 025 CC RESO (Ìì ñ x8B ORD. NO. 780
PAGE 4
b) Directs the various officials, departments,
boards and agencies of the City of Baldwin Park
having administrative responsibilities in the
premises likewise to cooperate to such end and to
exercise their respective functions and powers in a
manner consistent with such Redevelopment Plan;
and
c) Agrees that any agreements, deeds or leases submitted
by the Agency to the City Council for its approval
or disapproval will be deemed approved if not acted
upon within thirty 30) days after submission to the
City Council.
SECTION 8. The City Council may expend funds of the
City of Baldwin Park from time to time in accordance with the
applicable provisions of the Redevelopment Plan for the Puente-
Merced Redevelopment Project.
SECTION 9. The City Clerk is hereby directed to send
a certified copy of this Ordinance to the Agency and the Agency
is hereby vested with the responsibility for carrying our the
Redevelopment Plan for the Puente-Merced Redevelopment Project.
SECTION 10. The City Clerk is hereby directed to
record with the County Recorder of Los Angeles County a descrip-
tion of the land within the Project Area and a statement that
proceedings for the redevelopment of the Project Area have been
instituted under the Community Redevelopment Law.
SECTION 11. The City Manager is hereby directed,
for a period of two years after the effective date of this
Ordinance, to advise all applicants for building permits within
the Project Area that the site for which a building permit is
sought for the construction of buildings or for other improve-
ments is within a redevelopment project area, and that the
issuance of such building permits is subject to provisions of
such Plan.
SECTION 12. The City Clerk is hereby directed to
transmit, on or before January 1st next: i) a copy of the
description and statement recorded by the Clerk pursuant to
Section 10 of this Ordinance, ii) a copy of this Ordinance,
and iii) a map or plat indicating the boundaries of the
Project Area/ to the Auditor and Tax Assessor of Los Angeles
County, to the governing body of each of the taxing agencies
which levies taxes upon any property in the Project Area and
to the State Board of Equalization, and shall take all other
steps required by law with reference to said Plan.
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1979 025 CC RESO (Ìì ñ x9B ORD. NO. 780
PAGE 5
SECTION 13. the City Clerk shall certify to the
adoption of this Ordinance and shall cause the same to be
published as required by law.
APPROVED AND ADOPTED this 16th day of August, 1978
/s/ Jack B. White
MAYOR PRO TEM
ATTEST:
/s/ Thelma L. Balkus
THELMA L. BALKUS/ CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS:
CITY OF BALDWIN PARK
I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby
certify that the foregoing Ordinance No. 780 was regularly introduced and
placed upon its first reading at an adjourned regular meeting of the City
Council on the 9th day of August, 1978. That, thereafter, said Ordinance
was duly approved and adopted at a regular meeting of the City
Council on the 16th day of August_____, 1978 by the following vote
AYES: COUNCILMEN IZELL, MC NEILL, AND MAYOR PRO TEM WHITE______
NOES: COUNCILMEN______________________________________
ABSENT: COUNCILMEN AGUILAR AND MAYOR BLEWETT________________
ABSTAIN: COUNCILMEN
ij^^-
FHELMA L. BALKUS. CITY CLERK
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1979 025 CC RESO (Ìì ñ x:B SITE MAP
ATTACHMENT NO. 3
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1979 025 CC RESO (Ìì ñ x;B SITE DEVELOPMENT PLAN
Summary
A 706,000s/land area
l6.2*cr«s
198.500sf gross Udg area
2.6/1 land-to-btetg ratio
534 state reqU
703staits prov'd
3.54/1000 prw'd
10x20 stelua
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1979 025 CC RESO (Ìì ñ x<B LEGAL DESCRIPTION
PUENTE-MERCED REDEVELOPMENT PROJECT
That portion in the City of Baldwin Park, County of
Los Angeles, State of California included within a parcel of
land bounded and described as follows:
Beginning at the most northerly corner of Parcel 6,
as shown on that certain State of California Relinquishment
Map 909, recorded in the State Highway Map Book No. 12, page 86,
on December 13, 1974, in the office of the County Recorder for
Los Angeles County; thence northwesterly along the northwesterly
prolongation of the northeasterly line of said Parcel 6 to its
intersection with the southwesterly prolongation of the north-
westerly line of Puente Avenue 60 feet wide, as shown on said
Relinquishrnent Map 909; thence northeasterly along said south-
westerly prolongation and along said northwesterly line of
Puente Avenue a distance of 955 feet more or less to the north-
westerly prolongation of the northeasterly line of Lot 56 of
El Monte Walnut Place in the City of Baldwin Park, as per map
recorded in Book 6, page 104 of Maps in the office of the
County Recorder for Los Angeles County; thence southeasterly
along said last mentioned northwesterly prolongation and along
said northeasterly line of said Lot 56 a distance of 987.36
feet more or less to the most easterly corner of Lot 56; thence
southwesterly along the southeasterly boundary of the City of
Baldwin Park a distance of 472 feet more or less to the south-
easterly corner of Parcel 4 of the State Relinquishment Map 909
recorded in the State Highway Map Book No. 12, page 85, on
December 13, 1974, in the Office of the County Recorder of Los
Angeles County; thence South 82°38'41" West along the southerly
line of said Parcel 4, said line also being the southerly line
of Garvey Avenue as it existed March 1, 1978), a distance of
190.99 feet; thence westerly along a tangent curve concave to
the north and having a radius of 2,018 feet, through a central
ATTACHMENT NO. 4
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1979 025 CC RESO (Ìì ñ x=B angle of 5°08'14", an arc distance of 180.94 feet; thence
continuing westerly along said southerly line of Parcel 4 along
a compound curve concave to the north and shown on said
Relinquishment Map 909 as having a radius of 668 feet through
a central angle of 21°07'07" an arc distance of 246.22 feet to
its point of ending; thence northwesterly in a direct line to
a point in the southwesterly line of Merced Avenue said line
also being the southeasterly prolongation of the northwesterly
line of said Parcel 6), a distant 161 feet southeasterly measured
along said southwesterly line of Merced Avenue from the point
of beginning; thence North 48°44'25" West to the point of
beginning.
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1979 025 CC RESO (Ìì ñ x>B SCHEDULE OF PERFORMANCE
COMMERCIAL SHOPPING CENTER
PUENTE-MERCED REDEVELOPMENT PROJECT
Execution of Agreement. Agreement
authorized,executed and delivered to
Developer by Agency
Within 30 days after date
of signature by Developer
Approval Site Development Plan.
Agency shall approve Site Development
Plan and related documents for the
Site.
Concurrent with Agency
execution of this Agreement
Submission Preliminary Construction
Drawings and Landscaping Plan^
Developer shall prepare and submit to
the Agency Preliminary Construction
Drawings, Outline Specifications,
Landscaping Plan and the location of
Fine Art Works.
Within 60 days after
approval by the Agency of
Site Development Plan.
Approval Preliminary Construction
Drawings and Landscaping Plan^
Agency shall approve r disapprove
the Preliminary Construction Drawings,
Outline Specifications, and Land-
scaping Plan.
Within 15 days after
received by the Agency.
Submission Final Construction
Drawings ajid Landscaping and Finish
Grading Plan.Developer shall prepare
and submit to the Agency Final Con-
struction Drawings and Specifications,
a Final Landscaping and Finish Grading
Plan.
Within 45 days after
approval by the Agency of
Preliminary Construction
Drawings and related
documents.
Approval Final Construction Drawings,
Landscaping and Finish Grading Plan.
The Agency shall approve or disapprove
the Final Construction Drawings and
Specifications and Landscaping and
Finish Grading Plan.
Within 15 days after
receipt by the Agency.
Opening of Escrow. Agency shall open
an escrow with Title Insurance
Company.
Not later than June 1, 1979.
Providing all property owners
are in agreement with the
appraisal and negotiated sale
price.
Conveyance of Title. Agency shall
convey title to Developer and
Developer shall accept conveyance.
Not later than 30 days after
opening of escrow.
Commencement of Construction.
Developer shall coironence construction
of the improvements.
Within 30 days after
conveyance of title
Completion of Construction.
Developer shall complete the
construction of improvements.
Within 305 days after
commencement of construction
ATTACHMENT NO- 5
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1979 025 CC RESO (Ìì ñ x?B RECORDING REOUESTEI
AND WHEN MCCOftDED MAIL THIS DEED AND. UNLESS OTHER
WISE SHOWN BELOW. MAIL TAX STATEMENTS TO:
NAMC
AODMEC
CITY *
STATK
ZIP
r
L
Title Order No.
1
J
Escrow No.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
The undersigned declares thai the documentary transfer tax is $...... and is
Q computed on the full value of the interest or property conveyed, or is
Q computed on the full value less the value of liens or encumbrances remaining thereon at. ihe lime of sale. The land,
tenements or realty is located in
D unincorporated area Q y and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged.
hereby GRANT(S) to
the following described real property in the
county of
Dated-
slate of California
STATR OF CALIFORNIA
I OUNTY
On
ln-riiK" iiir. lln- limfr
simied, i Notary Public HI diul for siiiil County aini St.ilc. iK'i-.onaily
FOR NOTARY SEAL OR STAMP
to tn- llif iter'.on-___ wlioxe iianie
iti^lrniiiciil ind ack now led^ed iliat__
SinuiiHii-f of Noliiry
know n to im'
iiltscrilx^f to ihf itiiin
\eciileti the aiin',
Assessor's Parrel No.
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINK; IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE
Street Addles
City & State
ATTACHMENT MO- fi
Nanif
L-l OS.) Rev. 4-75) 8 pt.
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1979 025 CC RESO (Ìì ñ x@B SCOPE OF DEVELOPMENT
COMMERCIAL SHOPPING CENTER
PUENTE-MERCED REDEVELOPMENT PROJECT
I. GENERAL DESCRIPTION
The site contains approximately 15.4 acres. The site is
generally located at the northeast corner of Puente Avenue
and Garvey Avenue.
The proposed development is a master-planned commercial
shopping center and is generally intended for commercial
uses with high volume retail sales, which may include but
not limited to, department stores, home improvement centers,
restaurants, service and repair facilities and convenience
centers. All uses which may be determined by the Agency to
have an adverse effect upon adjoining properties shall be
excluded from the development area.
The Developer shall develop a planned business and commercial
shopping center. All buildings shall be constructed in a
manner consistant with the schedule of events and the
Redevelopment Plan.
II. DEVELOPMENT STANDARDS
Development standards shall be as set forth in the zoning
codes of the City of Baldwin Park. Any exceptions to the
development standards may be made only as mutually agreed
between the Agency and the Developer.
III. AGENCY RESPONSIBILITY
A. Agency shall assemble and submit to escrow all properties
in the Site as shown on the Site Map, Attachment No. 1.
B. Agency shall relocate ail existing residents, tenants,
and businesses located within the boundaries of the Site.
C. Agency shall demolish and remove all buildings and
surface improvements pursuant to Section 210 of the
Agreement.
ATTACHMENT NO. 7
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1979 025 CC RESO (Ìì ñ xAB D. The Agency shall be responsible for the following
street improvements:
1. Sidewalks
2. Curbs and gutters
3. Fire hydrants located on public property
2-
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1979 025 CC RESO (Ìì ñ xBB RECORDING REQUESTED B
AND WH1.N HtCOHDIO MAIL 1U
r
n...>
Addfii
SPACE AUOVE THiS LINE FOR RECORDERS USE
INDIVIDUAL FOIUH
10 407 C
Notice of Completion
Iti-lurr i in in inii, n if r l" ti ilr i ni[>niiy r'-iimr' in' ni lali i) *n ir\ i-r^ n|r
Notice in hereby given thai:
1. Tlie undersigned is owner of the intfTf&l or cstatr sL-ited l)c!u\v in llx- proper!) liercinailcr dcnci-ilx-d
2. The full name of the undersigned is
3. The full address of ihr undersigned B
4. Tlic iialurc* of the title of ttif utidprsignfd if in fee
If othir than f<-r, atrilir In fee" inl iriM-rl, fur nampir, pun ini"f r iindrr contrn 1 of purch*»c." or Ir^srr" *
5. The full names and full addresses of all prrson1', if an v, ho hold tille with the undersigned as jdint Ir-innt" or
as leiiantB in common arc:
NAMES MIDUKSSKS
Thf iiuitirs of llie pre(i(-< si*rs in intcrcat of the un<lcrs.i^ficd. if ihf r(>[H'rl) ua<i lran9ff*rrf<l sutiM-qunil to ihc
foninirri<'<-[iu'nt of the vtorit if iniprovrment herfin referrfd to'
NAM^S ADHHl-ssi S
l!f 11" Iran'Jir nindf. inirii ii.ni' i
A M i*rk nf i m pro \ iii cii I tin thr i»r Din-rly ln'i fiiiiifl*'r dr'*< nlird \\ fis nni)lrt' il i]
It. The tiarm- of llir ontruclur, if nnv. f"r u< h uurk of iiii[>rii\ fulfill wa-<
1 If no *>nlr»rior r i>rk, of nnpr<>\rm' ni as a lnilr iptf n mxi''"
*}. lln* propcrl) ini wliitii snid work of niinnnfinr'nt was oini)|i't( ii i-. in llir \[\ iif
ninly of Sijilc uf Cnlif(trntJi. nnd ii i)'-<( niK-il n-t fulliini'
10 The sirrrt addrt'sa of sani ropcrly is—
Diiird;
If no Mrrrt a<l<lrr-w hn-t brrn offiniJly a»^i|inf<f. intrrt non'-
Stpniiiurr of
v*ncr irmrt)
in r«Kr«pli 2
At^o *ign vrnftcaiiun hclow a( X)
lATE OF LALIFOKN1A.
ll!NTY
SS.
By:
The uiidfr>i^ix'd, hring ilul) shorn, tiii)s. i huE tie is the oiMirr itf ih*' furcsnid interest or estate in the proi)crly
di'MTilK-d in itir foregoing notiic; tliBl he h.is rea<l the sanir. and knuv.s lh<* cotilcnl? thprcof, and that the facts
stilted theicin arf Irup.
Sipnalurc of
IIM tier naint-d
M IIS< Klill It \\!1 S\\OHN H» f.,r, n,. 111 i^r^rai,!, 2 X
By:
Liialurf.,
N«nie Type<l or Pruned)
iVttar> Pnl>lic in and frr s.inl idt-
Title Cider No.
r KTO^ or l.oaii fSo.
SEE REVERSE SIDE FOR
T1TH COMPANY BEQUIREMENH AS TO NOTICE Ot COMPltTlON
ATTACHMENT NO. 8
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B In the event that, contrary to the provisions of
this Agreement, the Developer does sell, transfer, or convey,
any part of the Site or the buildings or structures thereon
prior to the issuance of the Certificate of Completion, the
Agency shall be entitled to increase the purchase price paid
by the Developer for the Site by the amount that the consider-
ation payable for such assignment or transfer is in excess of
the purchase price paid by the Developer, plus the cost of
improvements and development, including carrying charges and
costs related thereto. The consideration payable for such
conveyance or transfer to the extent it is in excess of the
amount so authorized, shall belong and be paid to the Agency
and until so paid the Agency shall have a lien on the Site
and any part involved for such amount.
In the absence of specific wr it ten agreement by the
Agency, no such transfer or approval by the Agency, shall be
deemed to relieve the Developer or any other party from any
obligations under this Agreement.
28. Security Financing; Right of Holders.
a) Permitted Encumbrances. Mortgages, deeds
of trust, conveyances and lease-back or any other form
of conveyance required for any reasonable method of
financing are permitted before completion of the con-
struction of the improvements, but only for the purpose
of securing loans of funds to be used for financing the
acquisition of the Site, the construction of improvements
on the Site and any other expenditures necessary and
appropriate to develop the Site under this Agreement.
hereinafter Mortgage"). The Developer shall notify
the Agency in advance of any execution of any such
Mortgage the Developer proposes to enter into before
completion of the construction of the improvements on
the Site. The Developer shall not enter into any such
mortgage without the pr ior wr it ten approval of the
Agency, which approval Agency agrees to give if any
such Mortgage is given to a responsible financial or
lending institution or other acceptable person or entity
and such lender shall be deemed approved unless rejected
in writing by the Agency within five 5) days after
written notice thereof is actually received by the
Agency.
b) Holder Not Obligated to Construct Improve
ments. The holder of any mortgage authorized by this
Agreement shall, in no way, be obligated by the provi-
sions of this Agreement to construct or complete the
improvements or to guarantee such construction or
completion; nor shall any covenant or any provision in
the deed for the Site be construed so to obligate such
holder. Provided, nothing in this Agreement shall be
deemed to construe, permit, or authorize any such holder
to devote the Site or any part thereof to any uses, or
to construct any improvements thereon, other than those
uses or improvements provided for or authorized by this
Agreement.
c) Notice of Default. Whenever the Agency
shall deliver any notice or demand to the Developer with
respect to any breach or default by the Developer in
9
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