CDC - Item 4A - Real Property Transfer and Cooperative Agreement Between CDC and City for Certain Real Property Owned By CDCROSEMEAD COMMUNITY
DEVELOPMENT COMMISSION &
CITY COUNCIL STAFF REPORT
TO: THE HONORABLE CHAIRMAN AND COMMISSION MEMBERS
THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, EXECUTIVE DIRECTOR
DATE: APRIL 26, 2011
SUBJECT: REAL PROPERTY TRANSFER AND COOPERATIVE AGREEMENT
BETWEEN THE ROSEMEAD COMMUNITY DEVELOPMENT
COMMISSION AND THE CITY OF ROSEMEAD FOR CERTAIN REAL
PROPERTY OWNED BY THE ROSEMEAD COMMUNITY
DEVELOPMENT COMMISSION
SUMMARY
Due to a State initiated proposal to abolish Redevelopment and dispose of
redevelopment owned agency -owned assets to the advantage of other taxing agencies
and disadvantage of cities, staff and the city attorney recommend the transfer of
Community Development Commission — owned real estate located at 9100 Garvey
Avenue (the Garvey Senior Apartment complex) to the City.
Staff Recommendation
It is recommended that the Community Development Commission adopt Resolution No.
2011 -12 and the City Council adopt Resolution No. 2011 -16 approving a Real Property
Transfer and Cooperative Agreement between the Commission and City for Certain
Real Property Owned by the Commission.
BACKGROUND
In his proposed 2011/12 State Budget, the Governor has recommended that legislation
be enacted to abolish all redevelopment agencies in California as of July 1, 2011.
Thereafter, a "successor agency" would be established to continue to administer
payment of the Commission's "contractual obligations" but otherwise charged to wrap
up the affairs of the Commission. The successor agency would be governed by an
oversight board of seven members, with the majority comprised of representatives of
the County and general education. Given the nature and function of the oversight
board, it would be expected that the Commission's assets could be disposed of and the
proceeds distributed to the various taxing agencies.
Given the expectation that the oversight board would act in its self- interest, as opposed
to the City of Rosemead's local interests, the City and Commission may wish to
consider protecting existing Commission assets if and where possible, prior to adoption
of legislation abolishing redevelopment. ITEM NO.
APPROVED FOR CITY COUNCIL AGENDA:
Community Development Commission & City Council
April 26, 2011
Page 2 of 3
One approach to protecting Commission assets would be to transfer Commission -
owned real estate to the City. Redevelopment law authorizes the Commission to
delegate to the City any of the powers or functions of the Commission with respect to
the planning or undertaking of redevelopment projects in an area in which the City is
empowered to act and the City is authorized to carry out or perform such powers or
functions of the Commission. For the purpose of aiding and cooperating with the
Commission, the Commission may convey property it owns to the City, without
consideration, for future redevelopment by the City.
The Commission currently owns the land located at 9100 Garvey Avenue, Rosemead
known as the Garvey Senior Apartments. The Garvey Senior Apartments was
completed in 2002 and is owned by the Rosemead Housing Development Corporation.
It consists of 64 one - bedrooms and 8 two bedrooms. The term of the lease is for 55-
years from the effective date of the Development Agreement between the Rosemead
Community Development Commission and the Rosemead Housing Development
Corporation or until October 30, 2057.
The property is also described in the attached resolutions under Exhibit 1 (Real
Property Transfer and Cooperative Agreement). The Real Property Transfer and
Cooperative Agreement provides for the transfer of the property by the Commission to
the City, and the delegation by the Commission to the City of the Commission's powers
and functions with respect to the planning and undertaking of the redevelopment of the
properties.
This transfer of ownership to the City should have occurred when the Garvey Senior
Apartment Complex was constructed in 2003. By approving this real property transfer
and cooperative agreement, the City Council and Community Development Commission
will be taking a "housekeeping" action in correcting an administrative oversight.
FISCAL ANALYSIS
Adoption of the proposed resolutions will hopefully protect the Commission -owned asset
for the benefit of the City.
PUBLIC NOTICE PROCESS
This item has been noticed according to the California Health and Safety Code Section
33490.
LEGAL REVIEW
Resolution No. 2011 -12, along with all attached exhibits, has been reviewed and
approved by the Commission Attorney and Resolution No. 2011 -16, along with all
attached exhibits, has been reviewed and approved by the City Attorney.
Community Development Commission & City Council
April 26, 2011
Page 3 of 3
Prepared by:
to
Michelle G. Ramirez
Community Development Manager
Attachment A: Resolution No. 2011 -12 — Rosemead Community Development Commission
Attachment B: Resolution No. 2011 -16 — City of Rosemead
ATTACHMENT A
RESOLUTION NO. 2011-12
A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT
COMMISSION APPROVING A REAL PROPERTY TRANSFER AND
COOPERATIVE AGREEMENT BETWEEN THE CITY OF ROSEMEAD
AND THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION
FOR CERTAIN REAL PROPERTY OWNED BY THE COMMISSION
WHEREAS, The City Council of the City ( "City Council') has adopted Redevelopment
Plans (each individually, a "Redevelopment Plan; and collectively, the "Redevelopment
Plans ") for the for the No. 1 and No. 2 Project Areas (each individually, a "Project Area"; and
collectively, the "Project Areas ");and
WHEREAS, pursuant to the California Community Redevelopment Law (California
Health and Safety Code Section 33000, et sM.) ( "Redevelopment Law "), the Rosemead
Community Development Commission ( "CDC ") is undertaking a program to redevelop the
Project Areas; and
WHEREAS, pursuant to Section 33430 of the Redevelopment Law, a redevelopment
agency may, within the survey area or for purposes of redevelopment, sell, transfer, assign or
otherwise dispose of any real or personal property or any interest in property; and
WHEREAS, the CDC owns the fee interest in the real property ( "Property") described
in Exhibit A of the Real Property Transfer and Cooperative Agreement attached hereto as
Exhibit 1 and incorporated herein by reference (the "Agreement'); and
WHEREAS, pursuant to Section 33205 of the Redevelopment Law, a redevelopment
agency is authorized to delegate to a community any of the powers or functions of the agency
with respect to the planning or undertaking of a redevelopment project in the area in which such
community is authorized to act, and such community is authorized to carry out or perform such
powers or functions for the redevelopment agency; and
WHEREAS, pursuant to Section 33220(g) of the Redevelopment Law, any public entity,
for the purpose of aiding and co- operating in the planning, undertaking, construction, or
operation of redevelopment projects located within the area in which such public entity is
authorized to act, may, with or without consideration, acquire land in a project area from a
redevelopment agency for redevelopment in accordance with the redevelopment plan for such
project area; and
WHEREAS, pursuant to Section 33220(e) of the Redevelopment Law, a redevelopment
agency may enter into agreements with any public entity respecting any action to be taken
pursuant to any of the powers granted by the Redevelopment Law or any other law (and such
agreement may extend over any period, notwithstanding any law to the contrary); and
WHEREAS, the City of Rosemead ( "City") desires to aid, and cooperate with, the CDC
in the planning, undertaking, construction and operation of redevelopment projects, and in that
regard the CDC has determined to convey the Property to the City and to delegate to the City the
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powers and functions of the CDC with respect to the planning and undertaking of redevelopment
projects in accordance with the Redevelopment Plans, and the City has determined to accept the
conveyance of the Property and the CDC's delegation of its powers and functions and in that
regard, he CDC and City wish to enter into the Agreement; and
NOW, THEREFORE, THE ROSEMEAD COMMUNITY DEVELOPMENT
COMMISSION DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The CDC hereby finds that it can be seen with certainty that there is no
possibility that the approval of the Agreement may have a significant effect on the environment.
The approval of the Agreement does not authorize construction and will not result in a direct or
indirect physical change in the environment. The Agreement provides that prior to
commencement of work on any redevelopment project, all necessary review required by the
California Environmental Quality Act ("CEQA ") shall be completed. The adoption of this
Resolution and approval of the Agreement is therefore exempt from the environmental review
requirements of CEQA pursuant to Section 15061(b) (3) of Title 14 of the California Code of
Regulations. Staff is hereby directed to file a Notice of Exemption with the County Clerk within
five days of the adoption of this Resolution pursuant to Section 15062 of Title 14 of the
California Code of Regulations.
Section 2. The CDC hereby approves the Agreement in the form attached hereto as
Exhibit 1 and authorizes and directs the Executive Director, the Chair of the CDC, or any other
officer of the CDC designated by them in writing (each, an "Authorized Officer "), acting
singly, to execute and deliver the Agreement in substantially said form with such changes therein
as the Authorized Officer executing the same may approve (such approval to be conclusively
evidenced by the execution and delivery thereof).
Section 3. The Authorized Officers of the CDC are herby authorized and directed to
do any and all things and to execute and deliver, and if appropriate, record, any and all
documents which they may deem necessary or advisable in order to effectuate the purposes of
this Resolution, and any such actions previously taken by such officers are hereby ratified and
confirmed.
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PASSED, ADOPTED AND APPROVED this 26" day of April 2011.
Steven Ly, Chairman
ATTEST:
Gloria Molleda, Secretary
APPROVED AS TO FORM:
Rachel Richman, Legal Counsel
Burke, Williams & Sorensen, LLP
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EXHIBIT 1
REAL PROPERTY TRANSFER AND COOPERATIVE AGREEMENT
(Attached Hereto)
Exhibit 1
REAL PROPERTY TRANSFER AND COOPERATIVE AGREEMENT
This REAL PROPERTY TRANSFER AND COOPERATIVE AGREEMENT
( "Agreement ") is entered into this 26 day of April, 2011, by and between the Rosemead
Community Development Commission ( "CDC "), and the City of Rosemead ( "City "), with
reference to the following facts:
A. Pursuant to the Community Redevelopment Law (California Health and Safety
Code Section 33000, et seq.) (the "Redevelopment Law "), CDC is undertaking a program for the
redevelopment of blighted areas in the City.
B. The City Council of the City ( "City Council ") has prepared Redevelopment Plans
( "Redevelopment Plans ") for the No. 1 and No. 2 Project Areas ( "Project Areas "), which results
in the allocation of property taxes from the Project Areas to the CDC ( "Tax Increment ") pursuant
to Section 33670(b) of the California Community Redevelopment Law (Health & Safety Code
Section 33000 et seq.) ( "CRL ") for purposes of redevelopment.
C. Pursuant to Section 33205 of the Redevelopment Law, a redevelopment agency is
authorized to delegate to a community any of the powers or functions of the agency with respect
to the planning or undertaking of a redevelopment project in the area in which such community
is authorized to act, and such community is authorized to carry out or perform such powers or
functions for the redevelopment agency.
D. Pursuant to Section 33220(g) of the Redevelopment Law, any public entity, for
the purpose of aiding and co- operating in the planning, undertaking, construction, or operation of
redevelopment projects located within the area in which such public entity is authorized to act,
may, with or without consideration, acquire land in a project area from a redevelopment agency
for redevelopment in accordance with the redevelopment plan for such project area.
E. Pursuant to Section 33430 of the Redevelopment Law, a redevelopment agency
may, within the survey area or for purposes of redevelopment, sell, transfer, assign or otherwise
dispose of any real or personal property or any interest in property.
F. The CDC owns the fee interest in each of the real property described in Exhibit A
attached hereto and incorporated herein by reference ( "Property "), which property is located in
the No. 1 Project Area.
G. Pursuant to Section 33220(e) of the Redevelopment Law, a redevelopment agency
may enter into agreements with any public entity respecting any action to be taken pursuant to
any of the powers granted by the Redevelopment Law or any other law (and such agreement may
extend over any period, notwithstanding any law to the contrary).
H. The City desires to aid and cooperate with the CDC in the planning, undertaking,
construction and operation of a redevelopment project on the Property, and in that regard the
CDC has determined to convey the Property to the City for that purpose and to delegate to the
City the powers and functions of the CDC with respect to the planning and undertaking of a
redevelopment project in accordance with the Redevelopment Plans, and the City has determined
to accept the conveyance of the Property and the CDC's delegation of its powers and functions.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
Section 1. Conveyance of Property The CDC shall convey all of its right, title and
interest in and to the Property to the City by way of a Grant Deed, substantially in the form
attached hereto as Exhibit B ' evidencing the conveyance of the Property. The City shall execute
the Certificate of Acceptance attached to the Grant Deed, evidencing the City's acceptance of the
conveyance. Each parry shall itself bear any costs it incurs in the conveyance of the Property.
Section 2. Delegation of Redevelopment Functions and Powers
(a) The CDC hereby delegates to the City all of the CDC's functions and
powers conferred by law with respect to the planning and undertaking of a redevelopment project
with respect to the Property, including but not limited to, planning, development, replanning,
redesign, clearance, reconstruction, or rehabilitation, or any combination thereof, of the Property;
developing building sites on the Property; providing residential, commercial, industrial, public,
or other structures or spaces on the Property or with respect to the Property; altering, improving,
modernizing, reconstructing, or rehabilitating, or any combination of these, of existing structures
on the Property; providing for open -space uses on the Property or with respect to the Property;
continuing existing buildings or uses on the Property; disposing of the Property or any
improvements thereon; insuring the Property and any improvements thereon; and renting,
maintaining, managing, and repairing the Property and any improvements thereon. The parties
acknowledge that the CDC has previously delegated similar authority to the City generally and
has, in connection with that delegation, transferred to the City CDC funds. Andy such funds
may be used for the redevelopment activities on the Property. In addition, the parties
acknowledge that the Property is currently being used as a public facility; namely, a senior
center. Nothing in this paragraph shall be construed to require the City to continue such use or to
abandon such use; the City has the discretion pursuant to Section 2(c) below to utilize the
Property as it deems fit.
(b) The City hereby accepts this delegation and agrees to cooperatively
undertake the redevelopment and use of the Property in a manner consistent with all applicable
laws and the Redevelopment Plan for the No. 1 Project Area (as it may be amended hereafter
from time to time).
(c) It is hereby acknowledged and agreed that, so long as the City is not in
violation of the law or the applicable Redevelopment Plan, the City has absolute discretion
regarding its exercise of the functions and powers delegated to it pursuant to this Agreement,
including, without limitation, the determination of specific actions to be undertaken with respect
to the redevelopment of the Property, and the manner and timing of undertaking such actions. In
no way shall this Agreement be construed to require the City to undertake any specific project on
or to otherwise exercise any of its delegated powers with respect to the Property. Prior to
commencement of work on any redevelopment project, all necessary environmental review
required by the California Environmental Quality Act ( "CEQA ") shall be completed. This
Agreement in no way limits the discretion of the Planning Commission of the City, the CDC
Board or the City Council of the City in completing environmental review of such projects.
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Section 3. Nondiscrimination The City covenants by and for itself, its heirs,
executors, administrators and assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on account
of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code,
as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of
subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in
the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises herein
conveyed, nor shall the City, or any person claiming under or through it, establish or permit any
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.
Notwithstanding the immediately preceding paragraph, with respect to familial status,
said paragraph shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the California Government Code. With respect to familial status, nothing in said
paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of
the California Government Code shall apply to said paragraph.
All deeds, leases or contracts entered into with respect to the Property shall contain or be
subject to substantially the following nondiscrimination /nonsegregation clauses:
(a) In deeds: "The grantee herein covenants by and for himself or herself, his
or her heirs, executors, administrators and assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segregation of, any person or group of
persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California
Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and
paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California
Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of
the premises herein conveyed, nor shall the Grantee himself or herself, or any person claiming
under or through him or her, establish or permit any 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.
Notwithstanding the immediately preceding paragraph, with respect to familial status,
said paragraph shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the California Government Code. With respect to familial status, nothing in said
paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of
the California Government Code shall apply to said paragraph."
(b) In leases: "The lessee herein covenants by and for himself or herself, his
or her heirs, executors, administrators and assigns, and all persons claiming under or through him
or her, and this lease is made and accepted upon and subject to the following conditions: That
there shall be no discrimination against or segregation of any person or group of persons, on
account of any basis listed in subdivision (a) or (d) of Section 12955 of the California
3
Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and
paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California
Government Code, in the leasing, subleasing, transferring, use or occupancy, tenure or
enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person
claiming under or through him or her, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased.
Notwithstanding the immediately preceding paragraph, with respect to familial status,
said paragraph shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the California Government Code. With respect to familial status, nothing in said
paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of
the California Government Code shall apply to said paragraph."
(c) In contracts: "The contracting party or parties hereby covenant by and for
himself or herself and their respective successors and assigns, that there shall be no
discrimination against or segregation of any person or group of persons, on account of any basis
listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those
bases are defined in Sections 12926, 12926. 1, subdivision (m) and paragraph (1) of subdivision
(p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the contracting
party or parties, any subcontracting party or parties, or their respective assigns or transferees,
establish or permit any such practice or practices of discrimination or segregation.
Notwithstanding the immediately preceding paragraph, with respect to familial status,
said paragraph shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the California Government Code. With respect to familial status, nothing in said
paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of
the California Government Code shall apply to said paragraph."
Section 4. Indemnification
(a) The CDC agrees, to the fullest extent permitted by law but subject to
Section 4(b) below, to indemnify, defend and hold harmless the City and its Council Members,
officers, employees and agents from and against any and all losses, claims, damages, liabilities,
penalties, fines, forfeitures or expenses (including attorney's fees), of every kind, character and
nature whatsoever arising out of the execution of and performance under this Agreement,
including, but not limited to, those arising out of, resulting from or in any way connected with
the acquisition, condition, ownership, use, or possession of the Properties or any part thereof.
The CDC's indemnity obligations contained in this Section 4(a) shall survive the termination or
expiration of this Agreement.
(b) In contemplation of the provisions of California Government Code
Section 895.2 imposing certain tort liability jointly upon public entities solely by reason of such
entities being parties to an agreement as defined by Government Code Section 895, the parties
!I
hereto, as between themselves, pursuant to the authorization contained in Government Code
Sections 895.4 and 895.6, shall each assume the full liability imposed upon it, or any of its
officers, agents or employees, by law for injury caused by negligent or wrongful acts or
omissions occurring in the performance of this Agreement to the same extent that such liability
would be imposed in the absence of Government Code Section 895.2. To achieve the above -
stated purpose, each party indemnifies, defends and holds harmless the other party for any
liability, losses, cost or expenses that may be incurred by such other party solely by reason of
Government Code Section 895.2.
Section 5. Default
(a) If either party fails to perform or adequately perform an obligation
required by this Agreement within thirty (30) calendar days of receiving written notice from the
non - defaulting party, the party failing to perform or adequately perform shall be in default
hereunder. Any failure or delay by either party in asserting any of its rights and remedies as to
any default shall not operate as a waiver of any default or of any such rights or remedies.
(b) In the event of default, the non - defaulting parry will have all the rights and
remedies available to it at law or in equity to enforce the provisions of this Agreement, including
without limitation, the right to seek specific performance and /or sue for damages for breach of
contract. The rights and remedies of the non - defaulting party enumerated in this paragraph are
cumulative and shall not limit the non - defaulting party's rights under any other provision of this
Agreement, or otherwise waive or deny any right or remedy, at law or in equity, existing as of
the date of the Agreement or hereinafter enacted or established, that may be available to the non-
defaulting party against the defaulting party.
Section 6. Nonliability of Officials and Employees No CDC member, City
Councilmember, and no official, agent, or employee of the CDC or the City shall be personally
liable to the other parties, or any successor in interest, in the event of any default or breach by the
CDC or the City, or for any amount which may become due to the City or CDC, or successor
thereto, or on any obligations under the terms of this Agreement.
Section 7. Law Governing This Agreement is made in the State of California under
the constitution and laws of the State of California, and is to be so construed.
Section 8. Severability Each and every provision of this Agreement is, and shall be
construed to be, a separate and independent covenant and agreement. If any term or provision of
this Agreement or the application thereof shall to any extent be held to be invalid or
unenforceable, the remainder of this Agreement, or the application of such term or provision to
circumstances other than those to which it is invalid or unenforceable, shall not be affected
hereby, and each term and provision of this Agreement shall be valid and shall be enforced to the
extent permitted by law.
Section 9. Entire Agreement. Waivers and Amendments This Agreement, together
with all attachments and exhibits hereto, constitutes the entire understanding and agreement of
the parties. No person is authorized to make, and by execution hereof the City and the CDC
acknowledge that no person has made, any representation, warranty, guaranty or promise except
5
as set forth herein; and no agreement, statement, representation or promise made by any such
person which is not contained herein shall be valid or binding on the City or the CDC.
Section 10. Future Cooperation The City and the CDC agree to take all appropriate
actions and execute and, if appropriate, record any documents which may reasonably be
necessary or convenient to implement the intent of this Agreement.
Section 11. Survival The provisions hereof shall not terminate but rather shall
survive any conveyance hereunder.
Section 12. Binding on Successors The covenants established in this Agreement
shall, without regard to technical classification and designation, be binding on the parties hereto
and their successors and assigns.
Section 13. No Third Party Beneficiaries This Agreement is made and entered into
for the sole protection and benefit of, and shall be binding upon, the parties and their respective
successors and assigns. No other person shall have any right of action based upon any provision
of this Agreement.
Section 14. Counterparts This Agreement may be executed simultaneously in one or
more counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
[Signatures on next page]
T
CITY OF ROSEMEAD
Lo
Steven Ly, Mayor
Gloria Molleda, City Clerk
Approved As To Form:
By:
Rachel Richman, City Attorney
Burke, Williams & Sorensen, LLP
ROSEMEAD COMMUNITY
DEVELOPMENT COMMISSION
By:
Steven Ly, Chairman
Gloria Molleda, Secretary
Approved As To Form:
By:
Rachel Richman, Legal Counsel
Burke, Williams & Sorensen, LLP
EXHIBIT A
PARCEL TO BE TRANSFERRED
(1) Assessor's Parcel Numbers ("APN ") 5282- 028 -910 and 5282- 028 -911, consisting of the
west 400 feet of Lot 3, Tract No. 830, in the City of Rosemead, County of Los Angeles,
State of California, as per map recorded in Book 16, Page 117 of maps, in the office of
the County Recorder of said County.
EXCEPT THEREFROM that portion thereof included within the following described
boundary lines.
Beginning at the Southwest comer of said Lot 3; thence along the West line of said Lot,
North 0 degrees, 18 minutes, 42 seconds West 223.12 feet to a point in a non - tangent
curve concave Southeasterly having a radius of 1450 feet, a radial line to said point bears
North 62 degrees, 52 minutes, 25 seconds West; thence Northeasterly a Long said curve
through a central angle of 17 degrees, 34 minutes, 05 seconds an arc distance of 444.60
feet to the end of said curve; thence tangent to said curve North 44 degrees, 41 minutes,
40 seconds East 113.92 feet to the center line of Garvey Avenue 100 feet wide; thence
along said center line North 59 degrees, 41 minutes, 40 seconds East 57.74 feet to the
point of intersection with the Northerly prolongation of the Easterly lone of said West
400 feet of Lot 3; thence along last said lie South 0 degrees, 18 minutes, 42 seconds East
660.98 feet to the Southeast comer of said West 400 feet; thence along the South line of
said Lot, South 89 degrees, 41 minutes 38 seconds West 400.00 feet to the point of
beginning.
EXHIBIT B
FORM OF GRANT DEED
(Attached Hereto)
Exhibit B -1
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Rosemead
8838 East Valley Boulevard
Rosemead, California 91770
Attention: City Manager
APN: 5282-028-910&5282-028-911 (SPACE ABOVE FOR RECORDER'S USE ONLY)
[Exempt from recording fee per Gov. Code § 27383]
GRANT DEED
THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS:
The undersigned declares that this Grant Deed is exempt from Recording Fees pursuant
to California Government Code Section 27383 and exempt from Documentary Transfer Tax
pursuant to California Revenue and Taxation Code Section 11922.
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged the
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION, a public body, corporate
and politic ( "Grantor ") hereby grants to CITY OF ROSEMEAD, a municipal corporation
( "Grantee "), certain real property located in the County of Los Angeles, State of California,
more particularly described on Exhibit A attached hereto and incorporated herein by reference
( "Property ").
1. The Property is conveyed subject to the Redevelopment Plan for the No. 1 Project
Area ( "Redevelopment Plan "). The Property is also conveyed subject to (a) general and special
real property taxes and assessments and supplemental assessments for the current fiscal year; (b)
all liens, encumbrances, easements, covenants, conditions and restrictions of record; and (c) all
matters which would be revealed or disclosed in an accurate survey of the property.
2. Grantee hereby covenants and agrees, for itself and its successors and assigns, that
Grantee shall maintain and use the Property in accordance with the uses and provisions of the
Redevelopment Plan.
3. Grantee herein covenants by and for itself and its successors and assigns that there
will be no discrimination against or segregation of, any person or group of persons on account of
any basis listed in subdivision (a) or (d) of section 12955 of the Government Code, as those
bases are defined in sections 12926, 12926. 1, subdivision (m) and paragraph (1) of subdivision
(p) of section 12955, and section 12955.2 of the Government Code, in the sale, lease, sublease,
transfer, use, occupancy, tenure, or enjoyment of the Property herein conveyed, nor shall Grantee
establish or permit any 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 Property herein conveyed. The foregoing covenants shall run with the land. Each
and every deed, lease and contract entered into with respect to the Property shall contain or be
subject to substantially the following nondiscrimination or nonsegregation clauses:
Exhibit B -2
a. In deeds: "The grantee herein covenants by and for himself or herself, his
or her heirs, executors, administrators, and assigns, and all persons claiming under or
through them, that there will be no discrimination against or segregation of any person or
group of persons on account of any basis listed in subdivision (a) or (d) of section 12955
of the Government Code, as those bases are defined in sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of section 12955, and section
12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy,
tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person
claiming under or through him or her, establish or permit any 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."
b. In leases: "The lessee herein covenants by and for himself or herself, his
or her heirs, executors, administrators, and assigns, and all persons claiming under or
through him or her, and this lease is made and accepted upon and subject to the following
conditions: That there shall be no discrimination against or segregation of any person or
group of persons, on account of any basis listed in subdivision (a) or (d) of section 12955
of the Government Code, as those bases are defined in sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of section 12955, and section
12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy,
tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself,
or any person claiming under or through him or her, establish or permit any such practice
or practices of discrimination or segregation with reference to the selection, location,
number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the
premises herein leased."
C. In contracts: "There shall be no discrimination against or segregation of
any person or group of persons, on account of any basis listed in subdivision (a) or (d) of
section 12955 of the Government Code, as those bases are defined in sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision (p) of section 12955, and
section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or
herself or any person claiming under or through him or her, establish or permit any such
practice or practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees
of the premises."
4. No violation or breach of the covenants, conditions, restrictions, provisions or
limitations contained in this Grant Deed shall defeat or render invalid or in any way impair the
lien or charge of any mortgage, deed of trust or other financing or security instrument recorded
against the Property, provided, however, that any successor of Grantee to the Property shall be
bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether
such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or
otherwise.
Exhibit B -3
5. Grantee's covenants contained in Section 2 of this Grant Deed shall remain in
effect until the termination date of the Redevelopment Plan.
6. The covenants against discrimination, as set forth in paragraph 3, shall remain in
effect in perpetuity.
7. Any amendments to the Redevelopment Plan that change the uses or development
permitted on the Property or change the restrictions or controls that apply to the Property or
otherwise affect the Property shall require the written consent of the Grantee. Amendments to
the Community Improvement Plan applying to other property in the Community Improvement
Project Area shall not require the consent of the Grantee or its successor in interest to the
Property.
IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be
executed on their behalf by their respective officers thereunto duly authorized as of the dates set
forth below.
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION,
a public body, corporate and politic
Dated: April 26, 2011 By:
Jeff Allred, Executive Director
[notary acknowledgement required]
"GRANTOR"
ATTEST:
Gloria Molleda, Secretary
APPROVED AS TO FORM:
Rachel Richman, Legal Counsel
Burke, Williams & Sorensen, LLP
Exhibit B -4
The provisions of this Grant Deed are hereby approved and accepted.
CITY OF ROSEMEAD, a municipal corporation
of the State of California
Dated: April 26, 2011 By:
Steven Ly, Mayor
[notary acknowledgement required]
"GRANTEE"
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Rachel Richman, City Attorney
Burke, Williams & Sorensen, LLP
M". 1 $
STATE OF CALIFORNIA
611101MV9611
ss.
On , before me, a
notary public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument
the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
SEAL:
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On before me,
notary public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument
the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
SEAL:
Exhibit B -6
Exhibit A
to Grant Deed
DESCRIPTION OF THE PROPERTY
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES, DESCRIBED AS FOLLOWS:
Assessor's Parcel Numbers ( "APN ") 5282- 028 -910 and 5282- 028 -911, consisting of the
west 400 feet of Lot 3, Tract No. 830, in the City of Rosemead, County of Los Angeles,
State of California, as per map recorded in Book 16, Page 117 of maps, in the office of
the County Recorder of said County.
EXCEPT THEREFROM that portion thereof included within the following described
boundary lines.
Beginning at the Southwest corner of said Lot 3; thence along the West line of said Lot,
North 0 degrees, 18 minutes, 42 seconds West 223.12 feet to a point in a non - tangent
curve concave Southeasterly having a radius of 1450 feet, a radial line to said point bears
North 62 degrees, 52 minutes, 25 seconds West; thence Northeasterly a Long said curve
through a central angle of 17 degrees, 34 minutes, 05 seconds an arc distance of 444.60
feet to the end of said curve; thence tangent to said curve North 44 degrees, 41 minutes,
40 seconds East 113.92 feet to the center line of Garvey Avenue 100 feet wide; thence
along said center line North 59 degrees, 41 minutes, 40 seconds East 57.74 feet to the
point of intersection with the Northerly prolongation of the Easterly lone of said West
400 feet of Lot 3; thence along last said lie South 0 degrees, 18 minutes, 42 seconds East
660.98 feet to the Southeast corner of said West 400 feet; thence along the South line of
said Lot, South 89 degrees, 41 minutes 38 seconds West 400.00 feet to the point of
beginning.
Exhibit B -7
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 2728 1)
This is to certify that the interest in real property conveyed to the City of Rosemead by that
certain Grant Deed dated April 26, 2011, executed by the Rosemead Community Development
Commission is hereby accepted by the undersigned office on behalf of the City of Rosemead
pursuant to the authority conferred by the City of Rosemead at the City Council meeting held on
April 26, 2011, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: April 26, 2011
CITY OF ROSEMEAD,
a municipal corporation
By:
Name: Jeff Allred
Title: City Manager
Exhibit B -8
ATTACHMENT B
RESOLUTION NO. 2011-16
A RESOLUTION OF THE CITY OF ROSEMEAD APPROVING A REAL
PROPERTY TRANSFER AND COOPERATIVE AGREEMENT
BETWEEN THE CITY OF ROSEMEAD AND THE ROSEMEAD
COMMUNITY DEVELOPMENT COMMISSION FOR CERTAIN REAL
PROPERTY OWNED BY THE COMMISSION
WHEREAS, The City Council of the City ( "City Council') has adopted Redevelopment
Plans (each individually, a "Redevelopment Plan "; and collectively, the "Redevelopment
Plans ") for the for the No. 1 and No. 2 Project Areas (each individually, a "Project Area "; and
collectively, the "Project Areas ");and
WHEREAS, pursuant to the California Community Redevelopment Law (California
Health and Safety Code Section 33000, et sM.) ( "Redevelopment Law "), the Rosemead
Community Development Commission ( "CDC ") is undertaking a program to redevelop the
Project Areas; and
WHEREAS, pursuant to Section 33430 of the Redevelopment Law, a redevelopment
agency may, within the survey area or for purposes of redevelopment, sell, transfer, assign or
otherwise dispose of any real or personal property or any interest in property; and
WHEREAS, the CDC owns the fee interest in the real property ( "Property ") described
in Exhibit A of the Real Property Transfer and Cooperative Agreement attached hereto as
Exhibit 1 and incorporated herein by reference (the "Agreement'); and
WHEREAS, pursuant to Section 33205 of the Redevelopment Law, a redevelopment
agency is authorized to delegate to a community any of the powers or functions of the agency
with respect to the planning or undertaking of a redevelopment project in the area in which such
community is authorized to act, and such community is authorized to carry out or perform such
powers or functions for the redevelopment agency; and
WHEREAS, pursuant to Section 33220(g) of the Redevelopment Law, any public entity,
for the purpose of aiding and co- operating in the planning, undertaking, construction, or
operation of redevelopment projects located within the area in which such public entity is
authorized to act, may, with or without consideration, acquire land in a project area from a
redevelopment agency for redevelopment in accordance with the redevelopment plan for such
project area; and
WHEREAS, pursuant to Section 33220(e) of the Redevelopment Law, a redevelopment
agency may enter into agreements with any public entity respecting any action to be taken
pursuant to any of the powers granted by the Redevelopment Law or any other law (and such
agreement may extend over any period, notwithstanding any law to the contrary); and
WHEREAS, the City of Rosemead ( "City ") desires to aid, and cooperate with, the CDC
in the planning, undertaking, construction and operation of redevelopment projects, and in that
regard the CDC has determined to convey the Property to the City and to delegate to the City the
-1-
powers and functions of the CDC with respect to the planning and undertaking of redevelopment
projects in accordance with the Redevelopment Plans, and the City has determined to accept the
conveyance of the Property and the CDC's delegation of its powers and functions and in that
regard, he CDC and City wish to enter into the Agreement; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council hereby finds that it can be seen with certainty that there
is no possibility that the approval of the Agreement may have a significant effect on the
environment. The approval of the Agreement does not authorize construction and will not result
in a direct or indirect physical change in the environment. The Agreement provides that prior to
commencement of work on any redevelopment project, all necessary review required by the
California Environmental Quality Act ( "CEQA ") shall be completed. The adoption of this
Resolution and approval of the Agreement is therefore exempt from the environmental review
requirements of CEQA pursuant to Section 15061(b) (3) of Title 14 of the California Code of
Regulations. Staff is hereby directed to file a Notice of Exemption with the County Clerk within
five days of the adoption of this Resolution pursuant to Section 15062 of Title 14 of the
California Code of Regulations.
Section 2. The City Council hereby approves the Agreement in the form attached
hereto as Exhibit 1 and hereby authorizes and directs the City Manager, the Mayor, or any other
officer of the City designated by them in writing (each, an "Authorized Officer "), acting singly,
to execute and deliver the Agreement in substantially said form with such changes therein as the
Authorized Officer executing the same may approve (such approval to be conclusively evidenced
by the execution and delivery thereof).
Section 3. The Authorized Officers of the City are herby authorized and directed to
do any and all things and to execute and deliver, and if appropriate, record, any and all
documents which they may deem necessary or advisable in order to effectuate the purposes of
this Resolution, and any such actions previously taken by such officers are hereby ratified and
confirmed.
-2-
PASSED, ADOPTED AND APPROVED this 26 day of April 2011.
Steven Ly, Mayor
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Rachel Richman, City Attorney
Burke, Williams & Sorensen, LLP
-3-
EXHIBIT 1
REAL PROPERTY TRANSFER AND COOPERATIVE AGREEMENT
(Attached Hereto)
Exhibit 1
REAL PROPERTY TRANSFER AND COOPERATIVE AGREEMENT
This REAL PROPERTY TRANSFER AND COOPERATIVE AGREEMENT
( "Agreement") is entered into this 26 day of April, 2011, by and between the Rosemead
Community Development Commission ( "CDC "), and the City of Rosemead ( "City "), with
reference to the following facts:
A. Pursuant to the Community Redevelopment Law (California Health and Safety
Code Section 33000, et seq.) (the "Redevelopment Law "), CDC is undertaking a program for the
redevelopment of blighted areas in the City.
B. The City Council of the City ( "City Council ") has prepared Redevelopment Plans
( "Redevelopment Plans ") for the No. 1 and No. 2 Project Areas ( "Project Areas "), which results
in the allocation of property taxes from the Project Areas to the CDC ( "Tax Increment ") pursuant
to Section 33670(b) of the California Community Redevelopment Law (Health & Safety Code
Section 33000 et seq.) ( "CRL ") for purposes of redevelopment.
C. Pursuant to Section 33205 of the Redevelopment Law, a redevelopment agency is
authorized to delegate to a community any of the powers or functions of the agency with respect
to the planning or undertaking of a redevelopment project in the area in which such community
is authorized to act, and such community is authorized to carry out or perform such powers or
functions for the redevelopment agency.
D. Pursuant to Section 33220(g) of the Redevelopment Law, any public entity, for
the purpose of aiding and co- operating in the planning, undertaking, construction, or operation of
redevelopment projects located within the area in which such public entity is authorized to act,
may, with or without consideration, acquire land in a project area from a redevelopment agency
for redevelopment in accordance with the redevelopment plan for such project area.
E. Pursuant to Section 33430 of the Redevelopment Law, a redevelopment agency
may, within the survey area or for purposes of redevelopment, sell, transfer, assign or otherwise
dispose of any real or personal property or any interest in property.
F. The CDC owns the fee interest in each of the real property described in Exhibit A
attached hereto and incorporated herein by reference ( "Property "), which property is located in
the No. 1 Project Area.
G. Pursuant to Section 33220(e) of the Redevelopment Law, a redevelopment agency
may enter into agreements with any public entity respecting any action to be taken pursuant to
any of the powers granted by the Redevelopment Law or any other law (and such agreement may
extend over any period, notwithstanding any law to the contrary).
H. The City desires to aid and cooperate with the CDC in the planning, undertaking,
construction and operation of a redevelopment project on the Property, and in that regard the
CDC has determined to convey the Property to the City for that purpose and to delegate to the
City the powers and functions of the CDC with respect to the planning and undertaking of a
redevelopment project in accordance with the Redevelopment Plans, and the City has determined
to accept the conveyance of the Property and the CDC's delegation of its powers and functions.
I
NOW, THEREFORE, the parties hereto do mutually agree as follows:
Section 1. Conveyance of Property The CDC shall convey all of its right, title and
interest in and to the Property to the City by way of a Grant Deed, substantially in the form
attached hereto as Exhibit B ' evidencing the conveyance of the Property. The City shall execute
the Certificate of Acceptance attached to the Grant Deed, evidencing the City's acceptance of the
conveyance. Each party shall itself bear any costs it incurs in the conveyance of the Property.
Section 2. Delegation of Redevelopment Functions and Powers
(a) The CDC hereby delegates to the City all of the CDC's functions and
powers conferred by law with respect to the planning and undertaking of a redevelopment project
with respect to the Property, including but not limited to, planning, development, replanning,
redesign, clearance, reconstruction, or rehabilitation, or any combination thereof, of the Property;
developing building sites on the Property; providing residential, commercial, industrial, public,
or other structures or spaces on the Property or with respect to the Property; altering, improving,
modernizing, reconstructing, or rehabilitating, or any combination of these, of existing structures
on the Property; providing for open -space uses on the Property or with respect to the Property;
continuing existing buildings or uses on the Property; disposing of the Property or any
improvements thereon; insuring the Property and any improvements thereon; and renting,
maintaining, managing, and repairing the Property and any improvements thereon. The parties
acknowledge that the CDC has previously delegated similar authority to the City generally and
has, in connection with that delegation, transferred to the City CDC funds. Andy such funds
may be used for the redevelopment activities on the Property. In addition, the parties
acknowledge that the Property is currently being used as a public facility; namely, a senior
center. Nothing in this paragraph shall be construed to require the City to continue such use or to
abandon such use; the City has the discretion pursuant to Section 2(c) below to utilize the
Property as it deems fit.
(b) The City hereby accepts this delegation and agrees to cooperatively
undertake the redevelopment and use of the Property in a manner consistent with all applicable
laws and the Redevelopment Plan for the No. 1 Project Area (as it may be amended hereafter
from time to time).
(c) It is hereby acknowledged and agreed that, so long as the City is not in
violation of the law or the applicable Redevelopment Plan, the City has absolute discretion
regarding its exercise of the functions and powers delegated to it pursuant to this Agreement,
including, without limitation, the determination of specific actions to be undertaken with respect
to the redevelopment of the Property, and the manner and timing of undertaking such actions. In
no way shall this Agreement be construed to require the City to undertake any specific project on
or to otherwise exercise any of its delegated powers with respect to the Property. Prior to
commencement of work on any redevelopment project, all necessary environmental review
required by the California Environmental Quality Act (" CEQA ") shall be completed. This
Agreement in no way limits the discretion of the Planning Commission of the City, the CDC
Board or the City Council of the City in completing environmental review of such projects.
2
Section 3. Nondiscrimination The City covenants by and for itself, its heirs,
executors, administrators and assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on account
of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code,
as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of
subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in
the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises herein
conveyed, nor shall the City, or any person claiming under or through it, establish or permit any
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.
Notwithstanding the immediately preceding paragraph, with respect to familial status,
said paragraph shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the California Government Code. With respect to familial status, nothing in said
paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of
the California Government Code shall apply to said paragraph.
All deeds, leases or contracts entered into with respect to the Property shall contain or be
subject to substantially the following nondiscrimination /nonsegregation clauses:
(a) In deeds: "The grantee herein covenants by and for himself or herself, his
or her heirs, executors, administrators and assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segregation of, any person or group of
persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California
Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and
paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California
Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of
the premises herein conveyed, nor shall the Grantee himself or herself, or any person claiming
under or through him or her, establish or permit any 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.
Notwithstanding the immediately preceding paragraph, with respect to familial status,
said paragraph shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the California Government Code. With respect to familial status, nothing in said
paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of
the California Government Code shall apply to said paragraph."
(b) In leases: "The lessee herein covenants by and for himself or herself, his
or her heirs, executors, administrators and assigns, and all persons claiming under or through him
or her, and this lease is made and accepted upon and subject to the following conditions: That
there shall be no discrimination against or segregation of any person or group of persons, on
account of any basis listed in subdivision (a) or (d) of Section 12955 of the California
3
Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and
paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California
Government Code, in the leasing, subleasing, transferring, use or occupancy, tenure or
enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person
claiming under or through him or her, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased.
Notwithstanding the immediately preceding paragraph, with respect to familial status,
said paragraph shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the California Government Code. With respect to familial status, nothing in said
paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of
the California Government Code shall apply to said paragraph."
(c) In contracts: "The contracting party or parties hereby covenant by and for
himself or herself and their respective successors and assigns, that there shall be no
discrimination against or segregation of any person or group of persons, on account of any basis
listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those
bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision
(p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the contracting
party or parties, any subcontracting party or parties, or their respective assigns or transferees,
establish or permit any such practice or practices of discrimination or segregation.
Notwithstanding the immediately preceding paragraph, with respect to familial status,
said paragraph shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the California Government Code. With respect to familial status, nothing in said
paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of
the California Government Code shall apply to said paragraph."
Section 4. Indemnification
(a) The CDC agrees, to the fullest extent permitted by law but subject to
Section 4(b) below, to indemnify, defend and hold harmless the City and its Council Members,
officers, employees and agents from and against any and all losses, claims, damages, liabilities,
penalties, fines, forfeitures or expenses (including attorney's fees), of every kind, character and
nature whatsoever arising out of the execution of and performance under this Agreement,
including, but not limited to, those arising out of, resulting from or in any way connected with,
the acquisition, condition, ownership, use, or possession of the Properties or any part thereof.
The CDC's indemnity obligations contained in this Section 4(a) shall survive the termination or
expiration of this Agreement.
(b) In contemplation of the provisions of California Government Code
Section 895.2 imposing certain tort liability jointly upon public entities solely by reason of such
entities being parties to an agreement as defined by Government Code Section 895, the parties
0
hereto, as between themselves, pursuant to the authorization contained in Government Code
Sections 895.4 and 895.6, shall each assume the full liability imposed upon it, or any of its
officers, agents or employees, by law for injury caused by negligent or wrongful acts or
omissions occurring in the performance of this Agreement to the same extent that such liability
would be imposed in the absence of Government Code Section 895.2. To achieve the above -
stated purpose, each party indemnifies, defends and holds harmless the other party for any
liability, losses, cost or expenses that may be incurred by such other party solely by reason of
Government Code Section 895.2.
Section 5. Default
(a) If either party fails to perform or adequately perform an obligation
required by this Agreement within thirty (30) calendar days of receiving written notice from the
non - defaulting party, the party failing to perform or adequately perform shall be in default
hereunder. Any failure or delay by either party in asserting any of its rights and remedies as to
any default shall not operate as a waiver of any default or of any such rights or remedies.
(b) In the event of default, the non - defaulting party will have all the rights and
remedies available to it at law or in equity to enforce the provisions of this Agreement, including
without limitation, the right to seek specific performance and /or sue for damages for breach of
contract. The rights and remedies of the non - defaulting party enumerated in this paragraph are
cumulative and shall not limit the non - defaulting party's rights under any other provision of this
Agreement, or otherwise waive or deny any right or remedy, at law or in equity, existing as of
the date of the Agreement or hereinafter enacted or established, that may be available to the non-
defaulting party against the defaulting party.
Section 6. Nonliability of Officials and Employees No CDC member, City
Councilmember, and no official, agent, or employee of the CDC or the City shall be personally
liable to the other parties, or any successor in interest, in the event of any default or breach by the
CDC or the City, or for any amount which may become due to the City or CDC, or successor
thereto, or on any obligations under the terms of this Agreement.
Section 7. Law Governing This Agreement is made in the State of California under
the constitution and laws of the State of California, and is to be so construed.
Section 8. Severability Each and every provision of this Agreement is, and shall be
construed to be, a separate and independent covenant and agreement. If any term or provision of
this Agreement or the application thereof shall to any extent be held to be invalid or
unenforceable, the remainder of this Agreement, or the application of such term or provision to
circumstances other than those to which it is invalid or unenforceable, shall not be affected
hereby, and each term and provision of this Agreement shall be valid and shall be enforced to the
extent permitted by law.
Section 9. Entire Agreement, Waivers and Amendments This Agreement, together
with all attachments and exhibits hereto, constitutes the entire understanding and agreement of
the parties. No person is authorized to make, and by execution hereof the City and the CDC
acknowledge that no person has made, any representation, warranty, guaranty or promise except
5
as set forth herein; and no agreement, statement, representation or promise made by any such
person which is not contained herein shall be valid or binding on the City or the CDC.
Section 10. Future Cooperation The City a nd the CDC agree to take all appropriate
actions and execute and, if appropriate, record any documents which may reasonably be
necessary or convenient to implement the intent of this Agreement.
Section 11. Survival The provisions hereof shall not terminate but rather shall
survive any conveyance hereunder.
Section 12. Bindine on Successor The covenants established in this Agreement
shall, without regard to technical classification and designation, be binding on the parties hereto
and their successors and assigns.
Section 13. No Third Party Beneficia This Agreement is made and entered into
for the sole protection and benefit of, and shall be binding upon, the parties and their respective
successors and assigns. No other person shall have any right of action based upon any provision
of this Agreement.
Section 14. Countemarts This Agreement may be executed simultaneously in one or
more counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
[Signatures on next page]
2
CITY OF ROSEMEAD
LE
Steven Ly, Mayor
Gloria Molleda, City Clerk
Approved As To Form:
ROSEMEAD COMMUNITY
DEVELOPMENT COMMISSION
LE
Steven Ly, Chairman
Gloria Molleda, Secretary
Approved As To Form:
By: By:
Rachel Richman, City Attorney
Burke, Williams & Sorensen, LLP
Rachel Richman, Legal Counsel
Burke, Williams & Sorensen, LLP
EXHIBIT A
PARCEL TO BE TRANSFERRED
(1) Assessor's Parcel Numbers ( "APN ") 5282- 028 -910 and 5282- 028 -911, consisting of the
west 400 feet of Lot 3, Tract No. 830, in the City of Rosemead, County of Los Angeles,
State of California, as per map recorded in Book 16, Page 117 of maps, in the office of
the County Recorder of said County.
EXCEPT THEREFROM that portion thereof included within the following described
boundary lines.
Beginning at the Southwest corner of said Lot 3; thence along the West line of said Lot,
North 0 degrees, 18 minutes, 42 seconds West 223.12 feet to a point in a non - tangent
curve concave Southeasterly having a radius of 1450 feet, a radial line to said point bears
North 62 degrees, 52 minutes, 25 seconds West; thence Northeasterly a Long said curve
through a central angle of 17 degrees, 34 minutes, 05 seconds an arc distance of 444.60
feet to the end of said curve; thence tangent to said curve North 44 degrees, 41 minutes,
40 seconds East 113.92 feet to the center line of Garvey Avenue 100 feet wide; thence
along said center line North 59 degrees, 41 minutes, 40 seconds East 57.74 feet to the
point of intersection with the Northerly prolongation of the Easterly lone of said West
400 feet of Lot 3; thence along last said lie South 0 degrees, 18 minutes, 42 seconds East
660.98 feet to the Southeast corner of said West 400 feet; thence along the South line of
said Lot, South 89 degrees, 41 minutes 38 seconds West 400.00 feet to the point of
beginning.
EXHIBIT B
FORM OF GRANT DEED
(Attached Hereto)
Exhibit B -1
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Rosemead
8838 East Valley Boulevard
Rosemead, California 91770
Attention: City Manager
APN: 5282-028-910&5282-028-911 (SPACE ABOVE FOR RECORDER'S USE ONLY)
[Exempt from recording fee per Gov. Code § 273831
GRANT DEED
THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS:
The undersigned declares that this Grant Deed is exempt from Recording Fees pursuant
to California Government Code Section 27383 and exempt from Documentary Transfer Tax
pursuant to California Revenue and Taxation Code Section 11922.
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged the
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION, a public body, corporate
and politic ( "Grantor ") hereby grants to CITY OF ROSEMEAD, a municipal corporation
( "Grantee "), certain real property located in the County of Los Angeles, State of California,
more particularly described on Exhibit A attached hereto and incorporated herein by reference
( "Property ").
1. The Property is conveyed subject to the Redevelopment Plan for the No. 1 Project
Area ( "Redevelopment Plan "). The Property is also conveyed subject to (a) general and special
real property taxes and assessments and supplemental assessments for the current fiscal year; (b)
all liens, encumbrances, easements, covenants, conditions and restrictions of record; and (c) all
matters which would be revealed or disclosed in an accurate survey of the property.
2. Grantee hereby covenants and agrees, for itself and its successors and assigns, that
Grantee shall maintain and use the Property in accordance with the uses and provisions of the
Redevelopment Plan.
3. Grantee herein covenants by and for itself and its successors and assigns that there
will be no discrimination against or segregation of, any person or group of persons on account of
any basis listed in subdivision (a) or (d) of section 12955 of the Government Code, as those
bases are defined in sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision
(p) of section 12955, and section 12955.2 of the Government Code, in the sale, lease, sublease,
transfer, use, occupancy, tenure, or enjoyment of the Property herein conveyed, nor shall Grantee
establish or permit any 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 Property herein conveyed. The foregoing covenants shall rum with the land. Each
and every deed, lease and contract entered into with respect to the Property shall contain or be
subject to substantially the following nondiscrimination or nonsegregation clauses:
Exhibit B -2
a. In deeds: "The grantee herein covenants by and for himself or herself, his
or her heirs, executors, administrators, and assigns, and all persons claiming under or
through them, that there will be no discrimination against or segregation of, any person or
group of persons on account of any basis listed in subdivision (a) or (d) of section 12955
of the Government Code, as those bases are defined in sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of section 12955, and section
12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy,
tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person
claiming under or through him or her, establish or permit any 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."
b. In leases: "The lessee herein covenants by and for himself or herself, his
or her heirs, executors, administrators, and assigns, and all persons claiming under or
through him or her, and this lease is made and accepted upon and subject to the following
conditions: That there shall be no discrimination against or segregation of any person or
group of persons, on account of any basis listed in subdivision (a) or (d) of section 12955
of the Government Code, as those bases are defined in sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of section 12955, and section
12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy,
tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself,
or any person claiming under or through him or her, establish or permit any such practice
or practices of discrimination or segregation with reference to the selection, location,
number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the
premises herein leased."
C. In contracts: "There shall be no discrimination against or segregation of
any person or group of persons, on account of any basis listed in subdivision (a) or (d) of
section 12955 of the Government Code, as those bases are defined in sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision (p) of section 12955, and
section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or
herself or any person claiming under or through him or her, establish or permit any such
practice or practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees
of the premises."
4. No violation or breach of the covenants, conditions, restrictions, provisions or
limitations contained in this Grant Deed shall defeat or render invalid or in any way impair the
lien or charge of any mortgage, deed of trust or other financing or security instrument recorded
against the Property, provided, however, that any successor of Grantee to the Property shall be
bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether
such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or
otherwise.
Exhibit B -3
5. Grantee's covenants contained in Section 2 of this Grant Deed shall remain in
effect until the termination date of the Redevelopment Plan.
6. The covenants against discrimination, as set forth in paragraph 3, shall remain in
effect in perpetuity.
7. Any amendments to the Redevelopment Plan that change the uses or development
permitted on the Property or change the restrictions or controls that apply to the Property or
otherwise affect the Property shall require the written consent of the Grantee. Amendments to
the Community Improvement Plan applying to other property in the Community Improvement
Project Area shall not require the consent of the Grantee or its successor in interest to the
Property.
IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be
executed on their behalf by their respective officers thereunto duly authorized as of the dates set
forth below.
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION,
a public body, corporate and politic
Dated: April 26, 2011 By:
Jeff Allred, Executive Director
[notary acknowledgement required]
"GRANTOR"
ATTEST:
Gloria Molleda, Secretary
APPROVED AS TO FORM:
Rachel Richman, Legal Counsel
Burke, Williams & Sorensen, LLP
Exhibit B -4
The provisions of this Grant Deed are hereby approved and accepted.
CITY OF ROSEMEAD, a municipal corporation
of the State of California
Dated: April 26, 2011 By. Steven Ly, Mayor
[notary acknowledgement required]
"GRANTEE"
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Rachel Richman, City Attorney
Burke, Williams & Sorensen, LLP
Exhibit B -5
STATE OF CALIFORNIA )
ss.
COUNTY OF )
before me
3
On
notary public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument
the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
SEAL:
STATE OF CALIFORNIA
COUNTY OF
) ss.
a
On before me,
notary public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument
the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
SEAL:
Exhibit B -6
Exhibit A
to Grant Deed
DESCRIPTION OF THE PROPERTY
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES, DESCRIBED AS FOLLOWS:
Assessor's Parcel Numbers ( "APN ") 5282- 028 -910 and 5282- 028 -911, consisting of the
west 400 feet of Lot 3, Tract No. 830, in the City of Rosemead, County of Los Angeles,
State of California, as per map recorded in Book 16, Page 117 of maps, in the office of
the County Recorder of said County.
EXCEPT THEREFROM that portion thereof included within the following described
boundary lines.
Beginning at the Southwest corner of said Lot 3; thence along the West line of said Lot,
North 0 degrees, 18 minutes, 42 seconds West 223.12 feet to a point in a non - tangent
curve concave Southeasterly having a radius of 1450 feet, a radial line to said point bears
North 62 degrees, 52 minutes, 25 seconds West; thence Northeasterly a Long said curve
through a central angle of 17 degrees, 34 minutes, 05 seconds an arc distance of 444.60
feet to the end of said curve; thence tangent to said curve North 44 degrees, 41 minutes,
40 seconds East 113.92 feet to the center line of Garvey Avenue 100 feet wide; thence
along said center line North 59 degrees, 41 minutes, 40 seconds East 57.74 feet to the
point of intersection with the Northerly prolongation of the Easterly lone of said West
400 feet of Lot 3; thence along last said lie South 0 degrees, 18 minutes, 42 seconds East
660.98 feet to the Southeast corner of said West 400 feet; thence along the South line of
said Lot, South 89 degrees, 41 minutes 38 seconds West 400.00 feet to the point of
beginning.
Exhibit B -7
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed to the City of Rosemead by that
certain Grant Deed dated April 26, 2011, executed by the Rosemead Community Development
Commission is hereby accepted by the undersigned office on behalf of the City of Rosemead
pursuant to the authority conferred by the City of Rosemead at the City Council meeting held on
April 26, 2011, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: April 26, 2011 CITY OF ROSEMEAD,
a municipal corporation
By:
Name: Jeff Allred
Title: City Manager
Exhibit B -8