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HomeMy WebLinkAboutResolution No. 688• `i RESOLUTION NO. 688 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING AGREEMENTS ENTITLED "COMMERCIAL REHABILITATION PROJECT OWNER PARTICIPATION AGREEMENT" BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND THE PARTICIPANTS The Board of Directors of the Redevelopment Agency of the City of Azusa resolves as follows: SECTION 1. The Board of Directors of the Redevelopment Agency of the City of Azusa hereby approves the certain agreements entitled "Commercial Rehabilitation Project Owner Participation Agreement" by and between the Redevelopment Agency of the City of Azusa and the Participants, listed as follows: Leo Nasser Eugene N. and Mary L. Ruddell And John and Theresa Tyck Lowell and Dorothy Hamilton Thomas and Suzanne Lindley Jarnail and Baljinder Gugga Nedra J. Conley Charles and Sharon Lewis Gene Rapp, Rapp Trust Roy Jr. and Gladys Williams Archie and Diane Dixon 706 N. Azusa Avenue 708 N. Azusa Avenue and 710 N. Azusa Avenue 722 N. Azusa Avenue 726 N. Azusa Avenue 728 N. Azusa Avenue 730 N. Azusa Avenue 734, 736 N. Azusa Avenue 738 N. Azusa Avenue 742 N. Azusa Avenue 124 E. Santa Fe Avenue SECTION 2. The Board of Directors of the Redevelopment Agency of the City of Azusa hereby authorizes the Chairman of the Board of Directors to execute said Agreements on behalf of the Agency in substantially the form as attached hereto as Exhibit "A" SECTION 3. The Secretary shall certify the adoption of this Resolution and shall cause the Agreement to be recorded, if needed, promptly upon its execution by all parties thereto. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF February , 1990. c/ 0 rl*iL 7, ` 2jes2t2_ g e F. Moses, Chairman I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of the Azusa Redevelopment Agency of the City of Azusa, at a regular meeting thereof held on the 20th day of February , 1990. AYES: BOARDMEMBERS: AVILA, NOES: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: NONE Adolph Sol s, Secretary STEMRICH, NARANJO, LATTA, MOSES u 0 U EXHIBIT "A" RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: Frederick Diaz Interim Executive Director Azusa Redevelopment Agency 213 E. Foothill Boulevard Azusa, CA 91702 CITY OF AZUSA REDEVELOPMENT AGENCY COMMERCIAL REHABILITATION PROJECT OWNER PARTICIPATION AGREEMENT (ASSESSOR'S PARCEL NO. DATED• RECITALS A. The CITY OF AZUSA REDEVELOPMENT AGENCY ("AGENCY") proposes to provide for a rehabilitation program which includes the real property located in the City of Azusa (the "Project Site") which is generally described as follows: East side of Azusa Avenue, Foothill Boulevard to Santa Fe Avenue. B. AGENCY proposes to provide financial assistance, architectural and engineering design assistance and limited construction monitoring to Property Owners ("PARTICIPANT") through the provisions of the Commercial Rehabilitation Project in order to revitalize and rehabilitate the neighborhood in which PARTICIPANT'S property is located. C. PARTICIPANT is the owner of real property located in the City of Azusa, County of Los Angeles, State of California, which is within the Project Site (hereinafter "Property"). The legal description of Property is shown on Exhibit A attached hereto, and incorporated herein by this reference. D. PARTICIPANT and AGENCY desire to effectuate and implement a Commercial Rehabilitation Program (herein "Project") through the construction and/or rehabilitation of improvements to the Project Site and Property. E. The Project encompassing PARTCIPANT'S Property includes the rehabilitation of the exterior building facade(s). PARTICIPANT shall complete, as applicable, all seismic work to comply with Chapter 15.10 of the Azusa Municipal Code within the time limits set forth therein. Agency shall not pay for any costs associated with seismic compliance. F. AGENCY shall conduct and complete the bidding process as required by law for the improvements to the Property and the Project Site. The lowest responsible bid shall be accepted by AGENCY for construction services; however, Agency reserves the right to reject, redesign and/or re -bid the Project if the lowest bid received exceeds the Agency's budget to construct Project. G. AGENCY shall perform or cause to be performed the work for the proposed Project in accordance with the plans and specifications for the facade improvements. H. The Project is being administered and implemented by the Redevelopment Agency of the City of Azusa. AGENCY herein agrees to finance and administer the Project as a part of the Commercial Rehabilitation Program for AGENCY. 1 .1 0 PARTICIPANT herein agrees to participate in and cooperate with the construction of the improvements, and to fully maintain the improvements and the Property upon completion. NOW, THEREFORE, the AGENCY and PARTICIPANT mutually agree as follows: I. IFS1001 PURPOSE OF THE AGREEMENT The purpose of this Agreement is to provide for a facade grant to PARTICIPANT from AGENCY for PARTICIPANT'S Property. II. (52001 PARTIES TO THE AGREEMENT AGENCY is a public body, corporate and politic having its principal office at 213 E. Foothill Boulevard, Azusa, CA 91702. AGENCY as used in this Agreement, includes the Redevelopment Agency of the City of Azusa and any assignee of or successor to its rights, powers and responsibilities. PARTICIPANT's name and mailing address for purposes of this Agreement are shown on said Exhibit A. Wherever the term "PARTICIPANT" is used herein, such term shall also include any permitted nominees or assignees as herein provided. III. [53001 REPRESENTATIVES OF THE PARTIFS AND SERVICE OF NOTICES The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows: The representative of the Agency shall be, unless otherwise stated in the Agreement: Frederick Diaz Interim Executive Director City of Azusa Redevelopment Agency 213 E. Foothill Boulevard Azusa, CA 91702 The representative of PARTICIPANT, if different than PARTICIPANT, is shown on said Exhibit A. Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, _return receipt requested and shall be deemed communicated as of the date of mailing. 2 P If the name of the person designated to receive the notices, demands or communications or the address of such person changes, written notice shall be givens in accord with this section, within five (5) working days of said change. IV. FS4001 CONTRACT ADMINISTRATION AGENCY, or its _duly authorized designee, shall serve as contract administrator of the Project and the contracts for construction of the facade improvements. AGENCY shall enter into contracts with a contractor ("Contractor") for construction of facade improvements. AGENCY may also enter into contracts with architects ("Architects") and engineers ("Engineers") for preparation of drawings and construction plans for facade improvements for the Project Site and Property, and for periodic field observations and monitoring during construction. V. fS5001 REHABILITATION PLANS PARTICIPANT'S Property and other parcels comprising the Project Site shall be rehabilitated in accordance with and within the limitations established therefor in the Phase III Downtown Facade Rehabilitation Concept Plans (herein "Facade Plans") prepared by The Arroyo Group, the Architects, and shown on Exhibit B, attached hereto, and incorporated herein by this reference. Final facade construction plans and specifications will be completed following full execution of this Agreement and shall generally coincide with the referenced Facade Plans. Copies of said final plans will be transmitted to PARTICIPANT upon their completion. AGENCY and PARTICIPANT shall mutually agree to any proposed changes to the. Facade Plans, specifically relating to PARTICIPANT'S Property. AGENCY and PARTICIPANT hereby agree that the City of Azusa, Contractors; Engineers and Architects shall have access to the Property to carry out their obligations with respect to the Site in general and the Property in particular, including during all periods of planning and construction, and for the purposes of maintenance after completion of construction. AGENCY will require each of its Contractors to restore any portions of PARTICIPANT'S property which may be damaged or altered in connection with improvement work. VI. fS6001 PARTICIPANT'S COOPERATION PARTICIPANT shall fully constructing improvements, 3 cooperate with Contractors including but not limited to: ko PARTICIPANT signing all necessary documents and permits so the improvements can be completed in full compliance with all federal,_ state and local laws; PARTICIPANT allowing access to the Property for construction of the improvements; and PARTICIPANT taking any and all other actions necessary to cooperate with AGENCY and Contractors in completing the Project and the improvements. VII. fS7001 PARTICIPANT'S MAINTENANCE PARTICIPANT agrees -to maintain in good condition, and to the reasonable satisfaction of AGENCY, the Property and improvements to the Property. PARTICIPANT'S maintenance shall be in conformance and in compliance with the incorporated plans, design scheme, and reasonable commercial maintenance standards. Reasonable standards are hereby defined as level of maintenance service necessary to keep the appearance (and operation) of improvements free from visible defects, deterioration, dirt and debris. AGENCY agrees to notify PARTICIPANT in writing if the condition of the Property or the improvements does not meet with AGENCY's maintenance requirements. If, after twenty (20) days from the date written notice of improper maintenance is mailed, PARTICIPANT fails to remedy, correct, or cure the maintenance problem, then AGENCY or its designee may perform such maintenance. PARTICIPANT agrees that AGENCY or its designee has full and complete access to Property to perform such maintenance, if required. PARTICIPANT further acknowledges and agrees that it shall be solely liable and responsible for any and all costs incurred in proper maintenance of the Property and improvements. Any and all costs incurred by AGENCY to remedy, correct or fix PARTICIPANT'S Property or the improvements shall be paid by PARTICIPANT within fifteen (15) days after a written itemization of said costs is mailed to PARTICIPANT by AGENCY. If PARTICIPANT fails to pay said billed costs of maintenance, then PARTICIPANT agrees and acknowledges that a lien for said monies shall be recorded against the Property by AGENCY, or that any and all other remedies available in law or equity may be pursued by AGENCY. PARTICIPANT agrees to be liable for any and all attorney's fees incurred in collecting said maintenance costs. To additionally insure responsible maintenance of the Property, and the improvements, in the event that PARTICIPANT is either unable or unwilling to meet AGENCY'S maintenance requirements and standards, PARTICIPANT agrees to execute and to comply with any and all documents necessary to establish a responsible maintenance program, including but not limited to: a maintenance agreement, a maintenance assessment district, and/or a maintenance association. Provided, however, that PARTICIPANT'S 9 P P obligation in this regard is expressly conditional upon PARTICIPANT'S failure to comply with the reasonable maintenance standards as defined in this section. VIII.L8001 COST AND FINANCING FOR THE FACADE IMPROVEMENTS The total cost of completing all the facade improvements in the Project shall be determined by AGENCY. Said costs may include, but.not be limited to, architectural, engineering, construction, and administration. AGENCY shall pay for the total cost of improvements. AGENCY shall provide indirect grants to PARTICIPANT, which do not have to be repaid, for the design and preparation of concept and final Facade Plans and Specifications as well as for construction of facade improvements. If, however, after execution of this Agreement, PARTICIPANT chooses to terminate this Agreement and not allow facade improvements to be made by AGENCY, then PARTICIPANT agrees to reimburse AGENCY for the actual cost of preparing and completing final Facade Plans and Specifications. IX. FS9001 COMPLIANCE WITH LAW PARTICIPANT shall comply with all local, state and federal laws relating to the uses of, or condition of, any and all improvements on the Site, whether said improvements were constructed as part of the Project, or as now existing at the Site, or as later constructed by PARTICIPANT or its lessees or agents. PARTICIPANT acknowledges and agrees that the AGENCY has not investigated nor does it have knowledge of the condition of the existing buildings and structures for compliance with Municipal and Uniform Codes, e.g., Uniform Building Code. PARTICIPANT acknowledges that, by entering into this Agreement and granting permits for facade rehabilitation, the AGENCY is not approving, condoning, or accepting any building or structural conditions, improvements or modifications which may exist, legally or illegally, on any parcel of property within the Project Site, nor is the AGENCY approving or condoning or accepting as legal and/or accurate the location of any property line or lot configuration. All existing and future improvements and/or construction, by PARTICIPANT, other than improvements provided for by this Agreement including but not limited to, any and all exterior and interior alterations and the location of openings in any walls shall be the sole liability and responsibility of the property owner. 5 X. fS10001 SUCCESSIVE OWNERS The improvements to be constructed to the Property touch and concern the Property, and inure to the benefit of any and all present or successive owners of the Property. Therefore, whenever the word PARTICIPANT is used herein, it shall include the owner as of date of execution of this Agreement, and any and all successive owner(s) or assign(s), and the Parties agree all such provisions shall run with the land. AGENCY shall cause a fully executed copy of this Agreement to be recorded in the office of the Los Angeles County Recorder. XI. CS11001 NOTICE TO LESSEES OF PARTICIPANT After execution of this Agreement, PARTICIPANT agrees it will immediately notify all present lessees, if any, of the Property of PARTICIPANT of the provisions, obligations and requirements of this Agreement which may in any manner affect such lessees. In addition, PARTICIPANT agrees that in any and all renewed or new lease agreements for the Property to which PARTICIPANT is a party, PARTICIPANT agrees to include provisions therein that said lessees will comply with this Agreement, particularly the Maintenance Provisions, Section VII (5700] herein. XII. (512001 DEFAULTS AND WAIVER Failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. The aggrieved party shall give written notice of the default to the party in default as set forth in Section III (300) hereof. The defaulting party must immediately commence to cure, correct, or remedy such default, and shall complete such cure, correction or remedy within 60 days from receipt of the written notice of default, and during such period of curing shall not be in default. If such cure, correction or remedy by its nature cannot be effectuated within such sixty (60) day period, such cure, correction or remedy shall be diligently and continuously prosecuted until completion thereof. The waiver by one party of the performance of any covenant, condition or promise shall not invalidate this Agreement nor shall it be considered a waiver by such party of any other covenant, condition or promise hereunder. The exercise of any remedy shall not preclude the exercise of other remedies AGENCY or PARTICIPANT may have at law or at equity. 1.1 XIII.rS13001 MODIFICATION This Agreement may be modified only by subsequent mutual written agreement executed by PARTICIPANT and AGENCY. XIV. rS14001 ATTORNEY'S FEES In the event of litigation arising out of any breach of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorney's fees. XV. rS15001 INDEMNIFICATION AND INSURANCE PARTICIPANT shall indemnify and hold AGENCY harmless from all claims, damages or liability, including all reasonable attorney's fees and other costs incurred in defending any claims arising out of or in connection with the activities performed by AGENCY and/or its contractors under this agreement. Such indemnity shall extend, but not be limited to claims, damages, and liability arising from injuries or damages to person or property; provided that the obligation to indemnify shall not extend to claims, damages or liability arising solely from the negligence or misconduct of AGENCY, or Contractors, and their officers, agents or employees. In turn, AGENCY'S construction Contractors shall name PARTICIPANT as additionally insured on all insurance certificates. XVI. rS16001 NONDISCRIMINATION Both parties agree there shall be no discrimination against or segregation of any person or grcup of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use,, occupancy, tenure or enjoyment of the Property, nor shall either party or any person claiming under or through either party establish or permit any such practice or practices of discrimination or segregation with reference to the selection, lccation, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Property or any porticn thereof. XVII.rS17001 ENTIRE AGREEMENT This Agreement integrates all the terms and conditions mentioned herein and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. 7 XVIII.fS18001 PURCHASE OF IMPROVEMENTS In the event that AGENCY or City acquires PARTICIPANT'S Property within fifteen (15) years from the date of this agreement, PARTICIPANT agrees that the depreciated value of the improvements granted to PARTICIPANT through this Agreement will be deducted from the purchase price. Said deduction shall be reduced by any out of pocket funds, not including insurance proceeds, expended by PARTICIPANT to repair or replace facade for reasons including, but not limited to, fire or earthquakes, but excluding repairs to deterioration caused by a lack of adequate maintenance. XIX. fS19001 FULL DISCLOSURE AGENCY represents that, to the best of its knowledge, all plans prepared by AGENCY on behalf of the PARTICIPANT have been prepared by competent and qualified architects and engineers. Said plans shall be submitted to all government entities exercising jursidiction over the plans, including but not limited to, the City of Azusa Building Department, and the Community Development Commission of the County of Los Angeles. PARTICIPANT acknowledges and agrees (1) that to the best of their ability they have reviewed all plans prepared by AGENCY'S contractors related to the Property, (2) that PARTICIPANT has had the opportunity to consult with independent experts as needed to review the plans, (3) that, at their option, PARTICIPANT may consult with independent experts during the course of construction, and (4) that PARTICIPANT understands and accepts the risks normally associated with a construction program of this magnitude. PARTICIPANT further agrees to monitor all work as if the Project were independently managed by PARTICIPANT. AGENCY and PARTICIPANT agree to closely cooperate during the course of construction. XX. (520001 TIME FOR ACCEPTANCE OF AGREEMENT BY PARTICIPANT This Agreement, when delivered to PARTICIPANT, must be authorized, executed, and returned by the PARTICIPANT to Agency on or before thirty (30) days after receipt of the Agreement from Agency or this Agreement may be considered void. AGENCY reserves the sole and absolute right to grant a written extension of the time for acceptance. IN WITNESS WHEREOF, the parties have executed this Agreement this day of _ 1989. N9 CITY OF AZUSA REDEVELOPMENT AGENCY Frederick Diaz Interim Executive Director PARTICIPANT/PROPERTY OWNER ADDRESS OF PROPERTY Azusa_, CA 91702 I/We Hereby Accept: P1 Facade Assistance Participant's Name: Participant's Mailing Address: Participant's Property: Street Address: Assessor's Parcel Number: Legal Description: 706 N. AZUSA AVE. CITY OF AZUSA FACADE RENOVATION PROGRAM R • PLANNERS, ARCHITECTS 6 DEVELOPMENT SERVICES . _J "' 708 N. AZUSA AVE. CITY OF AZUSA FACADE RENOVATION PROGRAM J 11 41 PLANNERS, ARCHITECTS & DEVELOPMENT SERVICES •New Tle ..� _.._ _�.,_ �.., �.� , �.. � _ 710 N. AZUSA AVE. CITY OF AZUSA FACADE RENOVATION PROGRAM f-i W a a PLANNERS, ARCHITECTS b DEVELOPMENT SERVICES d�tltl11111111JAIIW11gdtl11tlt1Y ��:':1 I 1 I' I ,;l1:0yI11Ur 1,�1•���IWIIIIW'J..! ' I JI�4 • I •nn.nm .Illilte''1 • 12�ii$iili �� Y ,<1f I'tl�� I $�! T{' !!$$$$1$1$ : I t� • 1$t$1$ I$$ 1$$$ �!! �!!±� Rern��a Stbrle � RJ�tI t-, � RP� I tg,e sla.tf?'wSl � N au T� I� Nau Tle I Fr me 724-722 N. AZUSA AVE. CITY OF AZUSA FACADE RENOVATION PROGRAM COY. u • • PLANNERS, ARCHITECTS S DEVELOPMENT SERVICES ucw L ghl-5 I r:pelr � RL51a ,e 9fmv9-tnt ou rtt Fra rr+! 726 N. AZUSA AVE. CITY OF AZUSA FACADE RENOVATION PROGRAM H N H a t -m 4 PLANNERS. ARCHITECTS 6 DEVELOPMENT SERVICES 1�/l 726 N. AZUSA AVE. 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CITY OF AZUSA FACADE RENOVATION PROGRAM IIIc Repbu w-&-ls t o is Rwvo c Phn'itr Ll m PLANNERS, ARCHITECTS & DEVELOPMENT SERVICES Now plaster Para p eT " � Plaat.r Fwc�uiv .` �� nuuu jo 0 levels am 88111 738 N. AZUSA AVE. CITY OF AZUSA FACADE RENOVATION PROGRAM Nov Lights Y' J 4 PLANNERS. ARCHITECTS & DEVELDPMENT SERVICES NW IVWCf' YVinuows .YAW „llJ l 742 N. AZUSA AVE. CITY OF AZUSA FACADE RENOVATION PROGRAM s� a m H a u • PLANNERS, ARCHITECTS d DEVELOPMENT SERVICES Rapti Remove Openings f Plywood 14ew DISP6xjTower • Replaster � Repaint 742 N. AZUSA AVE. CITY OF AZUSA FACADE RENOVATION PROGRAM PLANNERS, ARCHITECTS 6 DEVELOPMENT SERVICES E� 1 Elm"106001 aagteye Wli%&N I Neu Awn nys \ Repaint ,, 12.4 SANTA FE AVE CITY OF AZUSA FACADE RENOVATION PROGRAM "a PLANNERS, ARCHITECTS & DEVELOPMENT SERVICES