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HomeMy WebLinkAboutResolution No. 624/, RESOLUTION NO. 624 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING THAT CERTAIN AGREEMENT ENTITLED "OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND DEROSA/ZIVIC, A LIMITED PARTNERSHIP THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Board of Directors of the Redevelopment Agency of the City of Azusa hereby finds, determines and declares that the Agency staff and DeRosa/Zivic have negotiated a proposed Owner Participation Agreement ("Agreement") for the development of certain property in a Designated Survey Area adjacent to the Central Business District Redevelopment Project Area which Agreement conditions the development of property upon its redevelopment and such other matters as are required by the Community Redevelopment law. SECTION 2. The Board of Directors of the Redevelopment 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 DeRosa/Zivic" dated as of September 18, 1989 in substantially the form attached hereto as Exhibit "A". SECTION 3. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day ofSep mP h r , 1989. Chat 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 18th day of September, 1989, by the following vote of the Board: AYES: BOARDMEMBERS AVILA, STEMRICH, LATTA, MOSES NOES: BOARDMEMBERS NONE ABSENT: BOARDMEMBERS NARANJO W //, zkl, Secretary 0 0 RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: REDEVELOPMENT AGENCY CITY OF AZUSA 213 EAST FOOTHILL BLVD. AZUSA, CALIFORNIA 91702 OWNER PARTICIPATION AGREEMENT By and Between REDEVELOPMENT AGENCY OF THE CITY OF AZUSA and DeROSA/ZIVIC, A LIMITED PARTNERSHIP Dated: September 18, 1989 I 0 0 INDEX SECTION 100 SUBJECT OF AGREEMENT Page A. Section 101 Purpose of the Agreement............ 1 B. Section 102 The Survey Area ..................... 1 C. Section 103 The Project Area .................... 1 D. Section 104 The Site ............................ 2 E. Section 105 Parties to the Agreement............ 2 E. Section 405 1. The Agency ...................... 2 E. Section 305 2. The Participant ................. 2 F. Section 106 Prohibition Against Change 407 Acceptance of Service in Ownership Participants........... 2 II. SECTION 200 DEVELOPMENT OF THE SITE A. Section 201 Modifications of Approved Drawings.. 3 B. Section 202 Construction of Public Improvements and Costs .............. 3 C. Section 203 Bodily Injury and Property Damage Insurance .................... 3 D. Section 204 Certificate of Completion........... 4 III. SECTION 300 USE OF THE SITE A. Section 301 Uses ................................ 5 B. Section 302 Maintenance of Site ................. 5 C. Section 303 Obligation to Refrain from Of This Agreement After Discrimination.. .. ............. 6 D. Section 304 Form of Nondiscrimination and E. Section 405 Nonsegregation Clauses .............. 6 E. Section 305 Effect and Duration Applicable Law......................10 G. ofCovenants ........................ 8 IV. SECTION 400 DEFAULTS, REMEDIES AND TERMINATIONS A. Section 401 Defaults - General .................. 8 B. Section 402 Institution of Legal Actions........ 9 C. Section 403 Acquisition by the Agency in the event of Default by the Participant......................... 9 D. Section 404 Effect of Violation of the Terms and Provisions Of This Agreement After Completion of Construction.......... 9 E. Section 405 Venue of Legal Actions..............10 F. Section 406 Applicable Law......................10 G. Section 407 Acceptance of Service of Process ...... ..................10 H. Section 408 Rights and Remedies areCumulative ......................10 I. Section 409 Termination by Agency...............11 i 0 0 V. Section 501 Right of Obligees .... ..............11 Site Map Section 502 Access to the Property..............11 Legal Description Section 503 Nonliability of Agency Modified Site Plan Exhibit No. Officials and Employees.............11 Conditions, Covenants, & Section 504 Nonliability of Participant Restrictions Exhibit No. Officials and Employees.............12 Certificate of Completion VI. Section 600 ENTIRE AGREEMENT, WAIVERS ANDAMENDMENTS ...................... 12 VII. Section 700 TIME FOR ACCEPTANCE OF AGREEMENT ANDAMENDMENTS ...................... 12 NOTARYPAGE.................................................14 Exhibit No. 1 Site Map Exhibit No. 2 Legal Description Exhibit No. 3 Modified Site Plan Exhibit No. 4 Conditions, Covenants, & Restrictions Exhibit No. 5 Certificate of Completion ii 0 0 OWNER PARTICIPATION AGREEMENT THIS AGREEMENT is entered into and dated as of SEPTEMBER 18, 1989 by and between REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, CALIFORNIA (the "Agency"), and DeRosa/Zivic a California Limited Partnership (the "Participant"). The Agency and the Participant agree as follows: I. (Section 100) SUBJECT OF AGREEMENT A. (Section 101) Purpose of the Agreement The purpose of this Agreement is to assist in effectuating the Redevelopment Plan (hereinafter "Plan") for the Central Business District Redevelopment Project Area (hereafter "Project Area") and to provide for redevelopment of the Survey Area by providing for the redevelopment of certain property, hereafter described, located in a designated survey area proposed for inclusion in the Project Area by amendment of the Plan or in a separate Project Area. The real property to be redeveloped pursuant to this Agreement (the "Site") is depicted on the "Site Map", which is attached hereto as Exhibit No. 1. B. (Section 102) The Survey Area 1. The Site is within a survey area for a new redevelopment project area. The Survey Area was designated by the City Council of the City of Azusa on December 7, 1987 by Resolution No. 8349. The Survey Area, and this Project are of benefit to both the Central Business District Project Area and the West End Project Area, particularly in view of the merger of these Project Areas pursuant to the Community Redevelopment Law of the State of California. C. (Section 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 City of Azusa Ordinance 2196; which instrument is incorporated herein by reference and made a part hereof. 0 0 D. (Section 104) The Site The "Site" is that portion of the survey area legally described as set forth in Exhibit No. 2. E. (Section 104) Parties to the Agreement 1. 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 213 East Foothill Boulevard, Azusa, California 91702. 2. The Participant Participant is a limited partnership organized and existing under the laws of the State of California. The address of Participant for purposes of this Agreement is: 10660 Chalon Road, Los Angeles, California 90077. Said Participant qualifies as and is an owner - participant pursuant to the Agency's Owner Participation Rules. F. (Section 106) Prohibition Against Change in Ownership of Participant The qualifications and identity of the Participant is 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. 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 restrictions of this Section shall terminate upon issuance by the Agency of a Certificate of Completion for the entire Site as hereinafter provided. 2 0 0 II. (Section 200) DEVELOPMENT OF THE SITE A. (Section 201) Modification of Approved Drawings The Participant has prepared, submitted and the Agency has approved the Construction Drawings, Landscape Plan, and associated engineering and building documents for the Development of the Site. Participant desires to amend the approved plans by adding a driveway aisle connection between the site's parking lot and the easterly adjacent property's parking lot, thereby eliminating two (2) parking spaces. This is depicted in Exhibit 3 attached hereto and incorporated herein by reference. Agency hereby approves said plan amendment, subject to the Participant accomplishing the following: 1. The driveway entrance shall be constructed of -stamped, colored concrete to the satisfaction of the Agency, for a minimum length of 12 feet. 2. The front landscaped area shall contain two (2) Queen Palms with a minimum 20 feet brown truck, and one (1) Queen Palm with a 16 foot brown trunk. 3. The existing billboard shall be removed. 4. A reciprocal parking agreement shall be executed with the easterly adjacent property owner and properly recorded, prior to issuance of occupancy permits. B. (Section 202) Construction of Public Improvements and Costs The cost of developing the Site and constructing all improvements thereon shall be borne by the Participant. Agency shall not contribute any funds to construction and installation of any improvements for the Site, including, but not limited to, any off-site public improvements which may be required by the City. C. (Section 203) Bodily Injury and Property Damage Insurance (1) 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 certificates of bodily injury and property damage insurance policies in the amount of at least 0 0 C. (Section 203) Bodily Injury and Property Damage Insurance - Continued $1,000,000 for any person, $2,000,000 for any occurrence and $500,000 property 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. The insurance requirement of this subsection [Section 207(1)] shall terminate upon the issuance of the Certificate of Completion. (2) Notwithstanding the insurance described in subparagraph (1), Participant shall indemnify and hold harmless the Agency, its officers and employees from any claim, judgment or liability, including reasonable attorneys fees, arising from acts or omissions of Participant with respect to the Site or arising by virtue of this Agreement, except to the extent such claim, judgment or liability results from the acts or omissions of Agency. (3) Notwithstanding the insurance described in subparagraph (1), Agency shall indemnify and hold harmless the Participant, its officers and employees from any claim, judgment or liability, including reasonable attorneys fees, arising from acts or omissions of Agency with respect to the Site or arising by virtue of this Agreement, except to the extent such claim, judgment or liability results from the acts or omissions of Participant. D. (Section 204) Certificate of Completion Promptly after satisfactory completion of all construction by the Participant upon the Site in conformity with applicable law and this Agreement, the Agency shall furnish the Participant with a Certificate of Completion with Participant's written request therefor. The Agency shall not unreasonably withhold any such certificate. Such certificate shall be and shall so state conclusive determination of satisfactory completion of the construction required by this Agreement upon the Site, and of full compliance with the terms hereof with respect to the Site other than such 0 0 D. (Section 204) Certificate of Completion - Continued obligations as continue after completion of construction. The Agency may also furnish the Participant with a Certificate of Completion for portions of the improvements upon the Site as they are properly completed and ready to use if the Participant is not in default under this Agreement. After issuance of such Certificate of Completion any party then owning or thereafter purchasing, leasing or otherwise acquiring any interest therein shall not (because of such ownership, purchase, lease or acquisition), incur any obligation or liability under this Agreement, except as specifically required by Section 300 of this Agreement. A Certificate of Completion of construction for the entire improvement upon the Site shall be in substantially the form as set forth in Exhibit 4 and shall be recorded. Certificates of Completion of construction for less than the complete improvement of the Site shall not be recorded except by mutual written Agreement. Such Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of the Participant to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the improvements, or any part thereof. Such Certificate of Completion is not a notice of completion as referred to in California Civil Code, Section 3093. III. (Section 300) USE OF THE SITE A. (Section 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 assignees shall devote the Site to uses consistent with all City ordinances, including zoning, applicable to the Site today or in the future. B. (Section 302) Maintenance of Site The Participant shall maintain the improvements and landscaping on the Site and the landscaping, except for trees, in the public right of way adjacent to the Site in accordance with the provisions of this Section, the modified site plan (Exhibit 3), and the Landscape Plan. Participant may replace or improve such 5 B. C. D. 0 0 (Section 302) Maintenance of Site - continued landscaping with plant materials equal to or better than those shown on the Landscape Plan provided that any substantial changes in area, configuration or amount of plant material or landscape area shall require approval of the Executive Director of the Agency, which approval shall not be unreasonably withheld. Participant shall also keep the Site free from any accumulation of debris, trash or other waste materials. In the event the Participant does not maintain the Site in accordance with this Agreement, the Agency or the City of Azusa may abate the problem pursuant to the procedures of the Azusa Municipal Code governing abatement of public nuisances. Issuance of a Certificate of Completion by the Agency shall not affect Participant's obligations to maintain the Site in accordance with this Section after the Certificate of Completion is issued. (Section 303) 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 of occupancy of tenants, leases, subtenants, sublessees, or vendees of the Site. (Section 304) 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: 0 0 D. (Section 304) Form of Nondiscrimination Nonsegreaation Clauses - Continued 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 against or segregation of, any person or group of persons on account of race, color, creed, national origin, sex, religion, martial 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 of 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 practice or practices or discrimination or segregation with reference to the selection, location, number, use of 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 of occupancy of tenants, lessees, subtenants, sublessees or vendees of the land." FA 0 0 E. (Section 305) Effect and Duration of Covenants The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of the Agency, its successors and assigns, the City and any successor in interest to the Site or any part thereof. The covenants contained in this Agreement relating to construction of the building shall terminate and be of no further effect upon the filing of the Certificate of Completion. The covenants contained in this agreement relating to the use and maintenance of the Site shall terminate and be of no further effect upon the termination date of the West End Redevelopment Plan which is December 28, 2023. The covenants contained in this Agreement against discrimination shall remain in perpetuity. Participant shall execute and record a Declaration of Covenants and Restrictions in substantially the form attached hereto as Exhibit 4. IV. (Section 400) DEFAULTS, REMEDIES AND TERMINATIONS A. (Section 401) Defaults - General 1. The failure by either party to perform any term or provision of this Agreement, subject to such extensions of time as set forth in Section 503, shall constitute a default hereunder. 2. The nondefaulting party shall serve written notice of default upon the defaulting party. The defaulting party shall commence to cure the default within ninety (90) days of service of notice of default and diligently carry such cure to completion. 3. Any failures or delays by either party in asserting any of its rights and remedies as to 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. 8 0 0 B. (Section 402) 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, provided, however, that the Agency shall not be entitled to bring an action for specific performance to complete Participant to commence construction of the Building as depicted in Exhibit 3. C. (Section 403) Acquisition by the Agency in the Event of Default by the Participant The Agency waives its legal right to acquire the Site by purchase or eminent domain to enable the Participant to use and develop the Site in accordance with the Redevelopment Plan as more particularly described herein, provided and for so long as the agreements, restrictions, and covenants imposed upon the use of the Site and upon the Participant by this Agreement are carried out in accordance with this Agreement. If there is a final determination by the Agency that Participant has not complied with the provision of this Agreement, or any of the, and that such has not been remedied, and that all other remedies as set forth herein are inadequate or inappropriate, the Agency may exercise the right of eminent domain to acquire the Site. D. (Section 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 0 D. (Section 404) Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction - Continued in the Site or in the Project area. The Agency shall have the right if the Agreement or covenants are breaches, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. E. (Section 405) Venue of Legal Actions Any legal actions brought pursuant to this Agreement 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. (Section 406) Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this Agreement. G. (Section 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 made by personal service or in such other manner as may be provided by law. H. (Section 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. 10 I. (Section 409) Termination by the Agency The Agency may terminate this Agreement in the event that prior to the filing of the Certificate of Completion and in violation of this Agreement: (a) The Participant (or any successor in interest) assigns or attempts to assign the Agreement or any rights therein, or in the Site, or (b) If any default is not cured as provided in Section 401. V. (Section 500) GENERAL PROVISIONS A. (Section 501) Rights of Obligees The provisions of this Agreement do not limit the right of obligees to foreclose or otherwise enforce any mortgage, deed of trust or other encumbrance upon the Site, or the right of obligees to pursue any remedies for the enforcement of any pledge or lien upon the Site provided, however, that in the event of a foreclosure sale under any such mortgage, deed of trust, or other lien or encumbrance, or sale pursuant to any power of sale contained in any such mortgage or deed of trust, the purchaser or purchasers and their successors and assigns, and the Site, shall be, and shall continue to be subject to all the conditions, restrictions and covenants herein provided for. B. (Section 502) Access to the Property The Participant agrees to permit and does hereby permit the Agency access to the Site herein described. This access shall be limited to inspection of work by representatives of the Agency, the City, or any local or State Agency having jurisdiction with respect to any local or State building codes or regulations. C. (Section 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 successor or on any obligations under the terms of this Agreement. 11 D. (Section 504) Nonliability of Participant Officials and Employees No member, official or employee or Participant shall be personally liable to the Agency, or any successor in interest, in the event of any default or breach by the Participant or for any amount which may become due to the Agency or successor or on any obligations under the terms of this Agreement. VI. (Section 600) ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS This Agreement shall be executed in four duplicate originals, each of which is deemed to be an original. This Agreement includes 14 pages, and Five (5) Exhibits, 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. VII. (Section 700) TIME FOR ACCEPTANCE OF AGREEMENT BY PARTICIPANT This Agreement, when executed by the delivered to the Participant, must b executed and delivered by the Participant (15) days after the date of signature by this Agreement shall be voidable by notice the Participant. 12 Agency and e authorized, within fifteen the Agency or in writing to 0 0 IN WITNESS WHEREOF, the Agency and the Participants have signed this Agreement. REDEVELOPMENT AGENCY OF THE CITY OF AZUSA By:. Z�/' tFtP of EUGFj E F. MOSES, CHAIRMAN ATTEST: ADOLPH SOLIS, SECRETARY APPROVED AS TO FORM: 4PT R THORSON, GENERAL COUNSEL 13 0 0 STATE OF CALIFORNIA } } ss. COUNTY OF LOS ANGELES } - On , 19 , before me, the undersigned, a Notary Public in and for said county and state, personally appeared EUGENE F. MOSES, known to me to be 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. Name (typed or printed) STATE OF CALIFORNIA } } ss. COUNTY OF LOS ANGELES } On this day of ,19_, before me, the undersigned, Notary Public in and for said State, duly personally appeared , known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of DeRosa/Zivic, A Limited Partnership, the Limited Partnership therein named, and acknowledged to me that such Limited Partnership executed the within instrument. WITNESS my hand and official seal. Name (typed or printed) DeROSA/ZIVIC, a Limited Partnership By: 14 CITYOF6 EXHIBIT IBIT 3 < MODIFIED SITE PLAN CITYOF AZUSA ol Y �a / f WALG4 A. 0 7 tv mm�mi 4 ftl FAN A4CrL = Nm ow �7 T�) ftl FAN A4CrL = Nm ow `tT/OPA6795EXH Ll EXHIBIT NO. 4 E Recording"Requested By: REDEVELOPMENT AGENCY OF THE CITY OF'AZUSA 213 E. Foothill Blvd. Azusa, California 91702 When Recorded Return to: DECLARATION OF COVENANTS AND RESTRICTIONS AFFECTING REAL PROPERTY This DECLARATION OF COVENANTS AND RESTRICTIONS AFFECTING REAL PROPERTY is made this day of 19 WHEREAS, Declarant is the owner of certain real property (hereinafter "the Property"), legally described on Exhibit 2, which is attached hereto and incernorated herein by reference. WHEREAS, the Property is loc--ted in the West End Redevelopment Project Area of the Azusa Redevelooment Agency as adopted by Ordinance No. 2196 on November 28, 1983; and WHEREAS, Declarant has entered into an Owner Participation Agreement with the Redevelopment Agency of the City of Azusa (hereinafter "Agency") by which the Agency has approved the development by Declarant and to forego certain -1- ?µT/OPA6795EXH . • rights with respect to the Site. Declarant has agreed to provide the covenants and restrictions in this Declaration as part of its consideration for this Agreement. NOW, THEREFORE, Declarant declares that the Property shall be held, transferred, encumbered, used, sold, conveyed, ledsed and occupied subject to the covenants and restrictions hereinafter set forth and that such covenants and restrictions shall run with the land, binding future assignees and transferees as described in paragraph 8 of this Declaration. 1. USES A. The Property is to be developed and used in accordance with the provisions of the 3=_development Plan, as adopted by Ordinance No. 2196 (hereinafter "Plan") and that certain Owner Participation Agreeme-^.c C-ereinafter "Agreement") between Declarant and Ci_ dated ' 19 which Agree-enz is incorporated herein by reference as though set `crc^ in full. B. The Declarant hereby covenants and agrees for itself, its successors in interest and assigns, and every successor in interest to any interest in the Property: (1) to develop, construct, maintain or to cause the development, construction and maintenance of all -2- ?MT/OPA6795EXH • • improvements on the Property, including but not limited to, landscaping, in accordance with said Plan and Agreement; (2) to refrain from any use of the Property other than those uses specified in the Plan and Agreement. 2. NONDISCRIMINATION That there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, sex, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Grantee itself, cr any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees on the Property. 3. MAINTENANCE Declarant shall maintain the improvements and landscaping on the Property in accordance with the standards set forth in the Agreement. -3- PMT/OPA6795EXH • • 4. •SCHEDULE OF DEVELOPMENT Declarant shall complete each item to be completed by it on the date or dates therefor as shall be set forth in the Agreement. 1 5. NO TRANSFER PRIOR TO COMPLETION ___Declarant covenants that it shall not sell, assign or otherwise transfer the parcel, or suffer an involuntary transfer prior to filing of the Certificate of Completion as set forth in the Agreement. 6. DURATION OF COVENANTS The covenants and restrictions of Paragraphs 4 and 5 herein shall terminate and be of no further effect upon the filing of the Certificate of Completion as required by the Agreement. The covenants and restrictions of Paragraphs 1 and 3 shall remain in effect for the duration of the Plan, December 28, 2023. The covenant against discrimination of Paragraph 2 herein shall remain in effect in perpetuity. 7. BREACH OF COVENANTS NOT AFFECTING LENDER No violations or breach of the covenants, restrictions, provisions or limitations contained in this Declaration shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or -4- P24T/OPA6795EXH j other financing or security instrument permitted by the terms of the Agreement; provided, however, that any successor in interest of Declarant, as to the Property, shall be bound by such remaining covenants, restrictions, limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.. 8. SEVERABILITY If any of the above covenants or restrictions is declared invalid by judgment, court order or otherwise, it shall be severed and the balance of the covenants and restrictions contained herein shall remain in full force and effect. DECLARANT: By By AGENCY: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA By4,%. ugene F. Moses Chairman -5- STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) On, 1 before me, the undersigned, a Not Public in and fo said county and nall state, persoy ap_eared 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, a7 -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 Hoard. WITNESS m✓ hand and official seal. Name (typed or printed) STATE OF CALIFORNIA 1 (Corporation) STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES On before me, a Notary Public in and for said County and State, personally appeared personally known to me to be the person who executed the within instrument as on behalf of the corporation that executed the within instrument and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. IiI'NESS my hand and official seal. (seal) ?MT/QPA6795EXH EXHIBIT NO. 5 Recording Requested by and When Recorded Return to: CERTIFICATE OF COMPLETION WHEREAS, on , 19 , the Redevelopment Agency of the City of Azusa ("Acencv") and ("Participant") entered into an Owner -Participation Agreement ("Agreement") affecting the real property described on Exhibit "A" which is attached hereto and incorporated by this reference; and WHEREAS, on , 19 , a document entitled "Declaration of Covenants and Restrictions Affecting Real Property" was recorded as Document No. in the Official Records of Los Angeles.County; and WHEREAS, as referenced in said Agreement, the Agency shall furnish the Participant with a Certificate of Completion upon -completion of the development, which certif- icate shall be in such form as to permit it to be recorded in the Recorder's Office of the Los Angeles County; and -1- inal: ?MT/O2A6795EXH • ` WHEREAS pursuant to said Agreement such certificates shall be conclusive determination of satisfactory completion of the physical development required by the Agreement; and WHEREAS, the Agency has conclusively determined that the dev&lopment on the above described real property 1� required by the Agreement has been satisfactorily completed. NOW, THEREFORE, I fl 1. As provided in said Agreement, the Agency does hereby certify that the physical development of the Site has been fully and satisfactorily performed and completed; 2. Nothing contained in this instrument shall modify in any other way any other provisions of said Agree- ment. IN WITNESS WHEREOF, the Agency has executed this certificate this day of , 198 REDEVELOPMENT AGENCY OF THE CITY OF AZUSA By Eugene F. Moses Chairman -2- ?MT/QPA6795EXH STATE OF CALIFORNIA } ss. COUNTY OF LOS ANGELES ) On , 19_, before me, the undersigned, a Notary Public 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 .. a California and to its bylaws and the resolutions of its Jai! Board. WITNESS my hand and official seal. Name (typed or printed)