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HomeMy WebLinkAboutResolution No. 246RESOLUTION NO. 246- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING AN OWNER PARTICIPA- TION AGREEMENT BETWEEN THE AGENCY AND FIBRE FUEL PRODUCTS, INC. THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. The Board of Directors of the Redevelopment Agency of the City of Azusa hereby finds, determines and declares as follows: A. The applicant, Fibre Fuel Products, Inc., submitted an application to the Agency for approval of a wood chip fuel processing plant pursuant to the provi_=ions of the Agency's West End Redevelopment Plan. B. The Agency heard the presentations of staff and the applicant at its meetings of January 1, 1986, January 20, 1986, and February 3, 1986, at which times the Agency considered all of the information presented to it. C. The Agency has determined that appropriate implementation of the West End Redevelopment Plan requires clean manufacturing, research and development, and office uses for the site and the area surrounding the site, and has denied uses incompatible therewith by Resolution No. 184 of the Agency dated March 4, 1985, and Resolution No. 189 of the Agency dated April 1, 1985. D. The use approved and regulated by the attached agreement with the applicant is poten- tially incompatible with the Agency's plan for the site and the area surrounding the site, but the conditions set forth in said agreement making the wood chip fuel processing plant as clean as possible and providing for the removal of the plant if a more compatible project is approved nearby, makes the use and operation of this facility compatible with the Redevelopment Plan at this time. E. On November 28, 1983, the City Council of the City of Azusa and the Board of Directors of the Agency approved a final Environmental Impact Report for the West End Redevelopment Plan which addressed environmental concerns of anticipated projects of this type in the West End Redevelopment Project area. The Board of Directors has reviewed said Environmental Impact Report and this project in relation to said Environmental Impact Report and hereby finds that the project as conditioned will not have any adverse effect upon the environ- ment. The Board further finds that no significant additional information has been presented beyond that contained in the Environmental Impact Report 0 • for the West End Redevelopment Project which requires a supplemental Environmental Impact Report or further environmental review for this project. SECTION 2. The Board of Directors of the Redevelop- ment Agency of the City of Azusa hereby approves that certain agreement entitled "Owner Participation Agreement by and Between the Redevelopment Agency of the City of Azusa and Fibre Fuel Products, Inc., a California Corporation" dated as of February 3, 1986, and authorizes the Chairman of the Agency to execute said agreement on behalf of the Agency in substantially the form as set forth in Exhibit "A" attached hereto. SECTION 3. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 3rd day of February , 1986. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of the Redevelopment Agency of the City of Azusa, at a regular meeting thereof, held on the 3rd day of February 1986, by the following vote of the Directors. AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: Se5etary ` CRUZ,' CAMARENA, LATTA MOSES COOK 0 REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Azusa, California OWNER PARTICIPATION AGREEMENT By and Between REDEVELOPMENT AGENCY OF THE CITY OF AZUSA and FIBRE FUEL PRODUCTS, INC., a California Corporation Dated February 3, 1986 PMT/AGR2355 0 OWNER PARTICIPATION AGREEMENT THIS AGREEMENT is entered into and dated as of February 3, 1986 by and between REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, CALIFORNIA (the "Agency"), and FIBRE FUEL PRODUCTS INC., a California corporation, (the "Participant"). In consideration of the mutual covenants and agreements contained herein, the Agency and the Participant agree as follows: I. (§ 100) SUBJECT OF AGREEMENT A. (§ 100) Purpose of the Agreement The Purpose of this Agreement is to effectuate the Redevelopment Plan (the "Redevelopment Plan") for the West End Redevelopment Project Area (the "Project") by providing for the development of a portion of Project Area. B. (§ 102) The Redevelopment Plan Said "Redevelopment Plan" has been approved and adopted by the City Council of the City of Azusa by Ordinance No. 2196 on November 28, 1983, which Ordinance and Redevelopment Plan are incorporated herein by reference and made a part hereof as though fully set forth herein. C. (§ 103) The Project Area The "Project Area" is located in the City of Azusa, California (the "City"), the exact boundaries of which are specifically described in the Redevelopment Plan. -1- PMT/AGR2355 D. (§ 104) The Site The "Site" is that portion of the Project area legally described as set forth in Exhibit No. 1 which is attached hereto and by this reference incorporated herein. The Site is owned by American Cyanamid Company and is leased to the Participant. E. (§ 105) Parties to the Agreement 1. (§ 106) The Agency The Agency is a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under Chapter 2 of the Community Redevelopment Law of the State of California. The principal office of the Agency is located at 111 South First Street, Azusa, California 91801. 2. (§ 107) The Participant Participant is a Corporation organized and existing under the laws of the State of California. The address of Participant for purposes of this Agreement is: 1532 Highland Drive, Newport Beach, California. Said Participant is a lessee and therefore qualifies as and is an owner -participant pursuant to the Agency's Owner Participation Rules. -2- PMT/AGR2355 0 F. (§ 108) Prohibition Against Change in Ownership Management and Control of Participant The qualifications and identities of the Participant and its associates are of particular concern to the City and the Agency. It is because of those qualifications and identities that the Agency has entered into this Agreement with the Participant. No voluntary or involuntary successor in interest of Participant shall acquire any rights or powers under this Agreement except as expressly set forth herein. Except as provided in this §108, the Participant shall not assign all or any part of this Agreement without the express prior written approval of the Agency, which approval shall not be unreasonably withheld. The City and Agency shall give their approval to the assignment to any entity which shall, prior to assignment agree to be bound by the terms and conditions hereof, and shall reasonably demonstrate that such entity shall be financially capable of carrying out such terms and conditions. The Participant shall promptly notify the Agency of any and all changes whatsoever in the identity of the parties in control of the Participant or the degree thereof, of which it or any of its Officers have been notified or otherwise have knowledge or information. This Agreement may be terminated by the Agency if there is any significant change (voluntary or involuntary other than by death or -3- PMT/AGR2355 0 disability of any individual) in membership, management, or control of the Participant or its associates prior to issuance of Certificate of Completion for the Site as hereinunder provided. G. (§ 109) Recitals This Agreement is made with respect to the following facts which are acknowledged by the parties: A. The Agency has determined that appropriate implementation of the West End Redevelopment Plan requires clean manufacturing, research and development, and office uses for the Site area surrounding the Site and has denied uses incompatible therewith by Resolution No. 184 of the Agency dated March 4, 1985 and Resolution No. 189 of the Agency dated April 1, 1985. B. The use approved and regulated by this Agreement is potentially incompatible with the Agency's plan for the Site and the area surrounding the Site, but the conditions set forth herein making the wood fuel processing plant operation as clean as possible and providing for the removal of the plant if a more compatible project is approved for the Site, makes the use and operation of this facility compatible with the Redevelopment Plan at this time. -4- PMT/AGR2355 0 0 II. (§ 200) DEVELOPMENT OF THE SITE A. (§ 201) Scope of Development The Site shall be developed'with a plant for processing of wood chip fuel products, which plant shall principally consist of metal buildings totaling approxi- mately 6,500 square feet (enclosing a grinder, a classifier, and two conveyors), a small office and maintenance repair building, and truck loading facility, which shall be enclosed on the top and sides("Plant"). The Site shall be developed in accordance with the Site Plan, attached to this Agreement as Exhibit No. 2 and by this reference incorpo- rated herein. B. (§ 202) Agency Approval of Plans, Drawings, and Related Documents The Agency shall have the right of architectural review of all plans and submissions, including any changes therein. The Agency shall approve or disapprove the plans, drawings and related documents referred to in this Agreement, except for grading and building permits, within thirty days of submission to the Agency. Failure by the Agency to either approve or disapprove within such time shall be deemed an approval to the extent such items are in compliance with applicable law and this Agreement. Any disapproval shall state in writing the reasons for disapproval. The Participant, upon receipt of a disapproval -5- PMT/AGR2355 0 based upon powers reserved by the Agency hereunder, shall revise such portions and resubmit to the Agency as soon as possible after receipt of the notice of disapproval. C. (§ 203) Indemnification Participant shall indemnify and hold the Agency, its officers, agents and employees harmless against any and all claims, liability and expenses relating thereto, arising out of the operation of the plant and development of the Site, including attorneys fees, except as and to the extent that such may be caused by the acts or failure to act of the Agency, its officers, agents and employees. Participant shall also indemnify and hold the Agency, its officers, agents and employees harmless from any and all costs incurred by the Agency or to which the Agency may become liable, including attorneys fees of the Agency and prevailing parties in litigation, arising from any legal action challenging the validity of this Agreement or arising from the enforcement of this Agreement. D. (§ 203) Bodily Injury and Property Damage Insurance Prior to the commencement of construction on the Site, the Participant shall furnish or cause to be furnished to the Agency duplicate originals or appropriate certifi- cates of bodily injury and property damage insurance policies in the amount of at least $1,000,000 for any person, $2,000,000 for any occurrence and $500,000 property -6- PMT/AGR2355 0 damage, naming the Agency and City as additional insureds. Said policy shall provide that coverage may not be canceled, terminated or modified in anyway without thirty (30) days prior written notice to the Agency and City by certified mail. In the event such policy or policies are canceled, terminated or modified and a policy acceptable to the Agency is not procured within said thirty (30) day period, the Agency may procure such a policy on its own and all expenses in connection with the procurement of such a policy shall be the responsibility of Participant. III. (§ 300) USE OF THE SITE A. (§ 301) Uses The Participant covenants and agrees for itself, its successors, its assigns and every successor in interest to the Site or any part thereof, that during the construction and thereafter the Participant, such successors and such assigns shall use the Site for the purposes set forth in Section 201. B. (§ 302) Use and Maintenance of Site The Participant shall develop, use and maintain the Site and the improvements thereon in accordance with the following conditions: 1. Within ninety (90) days of issuance of all permits necessary for operation of the Plant, Participant shall commence and diligently pursue -7- PMT/AGR2355 completion of the landscaping of Todd Avenue along the American Cyanamid frontage in accordance with a landscaping plan approved by the Executive Director of the Agency, and Participant shall maintain said landscaping in accordance with said Plan during the term of this Agreement. It is agreed that all such landscaping shall be completed within six (6) months of the above -stated permits having been received; 2. Within ninety (90) days of issuance of all permits necessary for operation of the Plant, Participant shall commence and diligently pursue completion of all upgrading of the existing paved roads from Foothill Boulevard to the Plant in accordance with City standards for private access roads and participant shall maintain said roads in accordance with said standards. It is agreed that all upgrading shall be completed within six (6) months of the above -stated permits having been received. 3. Construction on and use of the Site shall be in conformity with the General Plan of the City of Azusa and all ordinances and regulations of the City of Azusa pertaining thereto; -8- PMT/AGR2355 4. Construction on and use of the Site shall conform to the Site Plan attached hereto as Exhibit 2; 5. Construction on and use of the Site shall meet the requirements of all governmental agencies having jurisdiction over the Site, including the Building Department, Fire Department, Health Department, Industrial Waste, and the Southcoast Air Quality Management District; 6. Participant shall take all necessary measures to control dust emissions at the Plant so that dust does not escape the Site, which necessary measures may include, but not be limited to the following: a. Wet all deliveries of raw wood by hose as they arrive and keep the wood wet until it is placed in the raw wood stockpile; b. Assign one person full time to wet the raw wood delivery area by hose and use additional personnel and hoses as required by dusty loads or high winds; c. Use rainbird sprinklers to wet the raw wood piles whenever the plant is operating; d. Apply water through fogging nozzles to conveyor belt transfer points as needed; e. Allow wood to fall no more than three feet from the stacker to the ultimate top of the -9- PMT/AGR2355 0 completed processed wood piles, and if there is visible dust at the stacker, apply water at the base of the last conveyor belt; f. Keep a manageable amount of wood in the processed wood piles; g. Wet the processed wood piles when they appear dry or start to generate dust; h. Load trucks in the enclosed loading area or, as an alternative, trucks can be loaded directly from the stacker; i. Install a timer for the rainbird sprinklers on any dirt roads such that the sprinklers are operated for a minimum of 20 out of 45 minutes, and increase or decrease the watering frequency as needed; j. Water all bare ground, which is not already sprinkled as set forth in Section 6.i. herein, with the water truck whenever the truck is not being filled; k. Install a wind speed indicator and record wind speed and direction as needed, but not less than four times per day, during Plant operation; -10- PMT/AGR2355 1. Anticipate high winds by monitoring the wind speed and increase watering efforts as soon as the wind speed starts to increase and for the duration of the high winds; m. When high winds occur, use all available personnel on hoses and sprinklers to keep the grounds and wood piles wet during the high wind condition; n. If the wind speed is high enough that the dust is blowing off the conveyor belt, suspend wood processing until the wind dies down; and o. Inspect all operations for dust every two hours and record the results of the inspection on the operating log. 7. The number of persons involved in the operation of the Plant shall be approximately 20. 8. The Site shall be patrolled and protected by 24-hour bonded security service in such form as approved by the Executive Director of the Agency; 9. Participant shall create a summer youth employment program each summer and shall educate two graduating high school seniors with machinery, as well as extend a $500 scholarship upon completion of summer employment; -11- PMT/AGR2355 f. • • 10. The plant shall process raw wood products only and shall not process nor store rubbish, trash, debris or hazardous materials; 11. A berm of not less than six (6) feet in height shall be constructed to reasonably screen view of the Site from Todd Avenue and Foothill Boulevard. Design criteria for the berm may be altered with the mutual consent of the Executive Director of the Agency and Participant. The obligations created by this Section 302 shall become covenants and shall run with the land until terminated as described in Section 306. C. (5 303) Further Obligations of Participant In further consideration of the right to place the Plant on and use the Site, Participant agrees to: 1. Pay to the City the sum of six and one-half cents ($.065) per ton of wood fuel processed by the plant pursuant to the procedures of Section 5.12.110 and Chapter 5.12 of the Azusa Municipal Code; and 2. Permit the City to deposit all tree trimming materials generated by City crews in the plant at no cost to the City; and 3. Provide mulch to the City at no cost in such amounts as the City may require for use at City facilities. -12- PMT/AGR2355 0 0 D. (§ 304) obligation to Refrain from Discrimination The Participant covenants and agrees for itself, its successors, its assigns and every successor in interest to the Site or any part thereof, there shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, national origin, sex, marital status, religion or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site nor shall the Participant itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, leases, subtenants, sublessees, or vendees of the Site. E. (§ 305) Form of Nondiscrimination and Nonsegregation Clauses The Participant shall refrain from restricting the rental, sale or lease of the property on the basis of race, color, creed, ancestry, national origin, sex, marital status or religion of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 1. In deeds: "The grantee herein covenants by and for himself, his heirs, executors, administrators, and assigns, and all persons claiming under or through them that there shall be no discrimination -13- PMT/AGR2355 against or segregation of, any person or group of persons on account of race, color, creed, national origin, sex, religion, marital status, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the 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 land herein conveyed. The foregoing covenants shall run with the land." 2. In leases: "The lessee herein covenants by and for himself, 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, national origin, sex, marital status, religion, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the land herein leased nor shall the lease himself, or any person claiming under or through him, establish or permit any such -14- PMT/AGR2355 practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased." 3. In contracts: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, creed, national origin, sex, religion, marital status, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee 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 of the land." IV. (§ 400) DEFAULTS, REMEDIES AND TERMINATIONS A. (§ 401) Defaults - General The failure by either party to perform under this Agreement shall constitute a default. The party who so fails to perform must immediately commence to cure, correct or remedy such failure or delay, and shall complete such cure, correction or remedy with reasonable diligence. -15- PMT/AGR2355 The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. The injured party may not institute proceedings against the party in default until thirty (30) days after giving such notice. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. Any failures or delays 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, or deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. B. (§ 402) Damages If either the Participant or the Agency defaults under any of the provisions of this Agreement, the non - defaulting party shall serve written notice of such default upon the defaulting party. If the default is not cured by the defaulting party within ninety days of service of the notice of default, the defaulting party shall be liable to the other party for any damages including, but not limited to, lost tax allocations to the Agency caused by such default. -16- PMT/AGR2355 C. (§ 403) �J Specific Performance If either the Participant or the Agency defaults under any of the provisions of this Agreement prior to the completion of construction, the non -defaulting 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 days of service of the notice of default, the non -defaulting party at its option may institute an action for specific performance of the terms of this Agreement. D. (§ 404) Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction The Agency is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, both for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. The Agreement and the covenants shall run in favor of the Agency without regard to whether the Agency has been, remains, or is an owner of any land or interest therein in the Site or in the Project area. The Agency shall have the right if the Agreement or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing -17- PMT/AGR2355 of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. E. (§ 405) 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, in any other appropriate court in that County, or in the Federal District Court with jurisdiction over Los Angeles County. F. (§ 406) Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this Agreement. G. (§ 407) Acceptance of Service of Process In the event that any legal action is commenced by the Participant against the Agency, service of process on the Agency shall be made by personal service upon the Executive Director of the Agency, or in such other manner as may be provided by law. In the event that any legal action is commenced by the Agency against the Participant, service of process on the Participant shall be in writing and service may be made by certified mail to the office of the Participant as set -18- PMT/AGR2355 forth in Section 107 hereof, or in such other manner as may be provided by law. H. (§ 408) Rights and Remedies are Cumulative Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise of 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. I. (§ 409) Yearly Agency Review The Agency shall review the operation of the plant and the Site each year on or before the anniversary date of this Agreement, and may take such action as necessary, including but not limited to the imposition of additional conditions or terminate the use if the Agency finds that the operation of the Plant and/or use of the Site is a public nuisance or is detrimental to the health, safety and welfare of the community. J. (§ 410) Termination by the Agency The Agency may terminate this Agreement in the event that: (a) The Participant (or any successor in interest) e W14 assigns or attempts to assign the Agreement or 0 any rights therein, or in the Site, X without /` e alloy -19- PMT/AGR2355 compliance with the provisions of Section 108 hereof. (b) There is substantial change in the ownership of the Participant, or with respect to the identity of the parties in control of the Participant, or the degree thereof contrary to the provisions of Section 108 hereof; or (c) If any default or failure to perform under this Agreement shall not be cured within thirty (30) days after the date of written demand, by the Agency; provided that if the nature of such default is such that the same cannot reasonably be cured within said thirty (30) day period, Participant shall not be deemed in default if Participant shall, within such period, commence cure and thereafter diligently pursue the same to completion. (d) The Agency formally approves an agreement for development of the Site, in which case Participant agrees to vacate the Site and remove all equipment therefrom within six (6) months from the date of written notice to Participant of the Agency's entering into such Agreement; or (e) The Agency determines, following a hearing, that the Site is a public nuisance or is being -20- PMT/AGR2355 used in such a manner as to be detrimental to the health, safety and welfare of the community. (f) Participant is found by the South Coast Air Quality Management District to be in violation of air quality regulations three (3) times within any six (6) month period. V. (§ 500) GENERAL PROVISIONS A. (§ 501) Term of Aqreement The term of this Agreement shall be five years from the date hereof unless extended by mutual written agreement of the parties. B. (§ 502) Access to the Propert The Participant agrees to permit and does hereby permit the Agency access to the Site herein described for any purpose deemed necessary by the Agency for carrying out the provisions of this Agreement. This access shall include inspection of work by representatives of the Agency, the City, or any other local or state agency having jurisdiction with respect to the plant and Site. C. (§ 503) Nonliability of Agency Officials and Employees No member, official or employee of the Agency shall be personally liable to the Participant, 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 Participant or -21- PMT/AGR2355 successor or on any obligations under the terms of this Agreement. D. (§ 504) Inspection of Books and Records The Agency has the right at all reasonable times to inspect the books and records of the Participant pertaining to the plant Site as pertinent to the purposes of this Agreement. The Participant 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. VI. (§ 600) ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS This Agreement shall be executed in two duplicate originals, each of which is deemed to be an original. This Agreement includes 22 pages, and two Exhibits of 2 pages, which constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the Agency or the Participant, and all amendments hereto must be in writing and signed by the appropriate authorities of the Agency and the Participant. -22- PMT/AGR2355 VII. (§ 700) TIME FOR ACCEPTANCE OF AGREEMENT BY PARTICIPANT This Agreement, when executed by the Agency and delivered to the Participant, must be authorized, executed and delivered by the Participant within thirty (30) days after the date of signature by the Agency or this Agreement shall be voidable by notice in writing to the Participant. -23- PMT/AGR2355 IN WITNESS WHEREOF, the Agency and the Participant have executed this Agreement. REDEVELOPMENT AGENCY OF THE CITY OF AZUSA e� DATE: kc°t�`°'E ' By d Eugene F. Moses ni. ry FIBRE FUEL PRODUCTS, INC. A DATE = Lc ict�w r, ii `/.ti"u By A7ED ;;0 FORM: gency Legal Counsel -24- PMT/AGR2355 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES 191G." before me, the undersigned, a'Notary P,iiblic in and for said county and state, personally appeared EUGENE F: MOSES, known to me to the the Chairman of the Redevelopment Agency of the City of Azusa, a public body, corporate and politic, of the State of California, a public body, that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the public body herein named, and acknowledged to me that such public body executed the within instrument pursuant to the laws of the State of California and to its bylaws and the resolutions of its Board. WITNESS my hand and official seal. �.: OMCIAL SE.A. ihI GOWANCE ! �,' fly ROlic-uli�arow 1 UMAPIELESCUUN(t ) � 1yAII1w�IP.Fazs.ibtlr STATE OF CALIFORNIA ) oq_%AN6tr ) ss. COUNTY OF-b03=A19;B=S ) �r Name (typed or printed) On Jr- , 191% before me, the under- signed, a Notr Publ� in and for said State, personally appeared r V v cwtL , known to me to be the President of and Qjc�j ar^ ay , known to me to be the Secretary of the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of FIBRE FUEL PRODUCTS, INC., Corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. ..» ►xa ON" 000 0 �ftm:0600! '11=14�� -25- PMT/AGR2355 . R,����r Name (typed or printed) EXHIBIT 1 LEGAL DESCRIPTION [To be provided] EXHIBIT 1 PMT/AGR2355 0 0 EXHIBIT 2 SITE PLAN [To be provided] EXHIBIT 2 PMT/AGR2355