HomeMy WebLinkAboutResolution No. 76200 0 4 0
RESOLUTION NO. 7620
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF AZUSA APPROVING A LOAN
FROM THE CITY WATER UTILITY FUND
TO THE AZUSA REDEVELOPMENT AGENCY
WHEREAS, on October 1. 1984, the Azusa Redevelopment Agency
entered into an Owner Participation Agreement with
Messenger/Azusa, a California Corporation. Said Agreement is
attached hereto and identified as Exhibit A; and
WHEREAS, the Azusa Redevelopment Agency is obligated by said
Agreement to install Water Utilities in the public right-of-way
to serve the proposed development and it is estimated that the
cost of said improvements will be $200,000; and
WHEREAS, pursuant to the "Agreement between the City of
Azusa and the Redevelopment Agency of the City of Azusa,
establishing certain City -Agency relationships" the City may
provide loans to the Agency for project development purposes.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of
the City if Azusa that a loan is hereby authorized to the
Redevelopment Agency pursuant to the following terms:
1. The principal amount of the loan shall not exceed
$200,000 for Water Utility Improvements associated with
the development of the Messenger/Azusa pursuant to an
Owner Participation Agreement between the Agency and
Messenger/Azusa approved October 1, 1984.
2. The term of the loan shall be four (4) years with
payment of principal and interest accrued annually due
and payable at the end of the term, unless extended by
the City.
3. The interest rate shall be 8.5% accrued annually.
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PASSED AND ADOPTED this 17th Day of December, 1984
I, Adolph A. Solis, City Clerk of the City of Azusa DO HEREBY
CERTIFY that Resolution No. 7620 was duly adopted by the City
Council of the City of Azusa at a regular meeting thereof held on
the 17th day of December , 1984 by the following vote to -
wit:
AYES: COUNCILMEMBERS: CRUZ, COOK, CAMARENA, LATTA, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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City C1
AZIISA REDEVELOPMENT AGENCY
OWNER PARTICIPATION AGREEMENT NO.
THIS AGREEMENT is made by and between the AZIISA REDEVELOPMENT
AGENCY, a redevelopment agency, established pursuant to the Community Redevelopment
Law (Section 33000 et seq. of the Health and Safety Code of the State of California,
(hereinafter "AGENCY"), and Messenger/Azusa, a California Limited Partnership
(hereinafter 'PARTICIPANT").
WITNESSETH:
The parties hereto do agree as follows:
(1) RECITALS.
This Agreement is made and entered into with respect to the following facts:
(a) That AGENCY and the City of Azusa have heretofore adopted a
Redevelopment Plan for the Central Business District Redevelopment Project
(hereafter "Plan"); and
(b) That the Plan provides for participation in the redevelopment process
by the owners and lessees of properties and/or businesses within the project area
who enter into mutually agreeable contracts with the AGENCY to effectuate
such participation; and
(c) That Messenger/Azusa is the owner of certain real property
(hereinafter 'Site") located within the boundaries of the project area established
by the Plan which Site is legally described on Exhibit "A" attached hereto and by
this reference incorporated herein as though set forth in full; and
(d) That PARTICIPANT have requested that the AGENCY enter into an
owner participation agreement pursuant to said Plan; and
(e) That AGENCY has determined that if the PARTICIPANT comply
with the provisions of this Agreement, AGENCY shall use its "best efforts" to
assist in certain public improvements as hereinafter set forth, to eliminate
conditions of blight which are deemed to be deterrents to the development of the
site. "Best Efforts" shall be construed to mean that the AGENCY will exercise
the authority granted to it pursuant to Sections 33000 et. seq. of the California
Health and Safety Code and within financial limitations of the AGENCY.
Moreover, it is determined that if the Participants comply with the provisions of
this Agreement it will not be necessary to acquire said Site or any ,part thereof,
nor improvements located thereon; and
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(f) That the purpose of this Agreement is to effectuate the Plan; and
(g) That the legislative body of AGENCY has determined that the public
interest, convenience and necessity require the execution of this Agreement.
(2) USE OF PROPERTY
(a) The parties hereto do acknowledge and agree that the portion of the
Site, designated on Exhibit "B" as PHASE I DEVELOPMENT AREA is an area
which is subject to the terms and conditions for development and continued
operation as set forth in full in this Agreement.
(b) The use of Phase I Development Area shall be regulated by (1) the
provisions of the Azusa Municipal Code; (2) Azusa General Plan; (3) the
development review and approval of the Redevelopment AGENCY; and (4) such
other provisions of federal, state or local provisions which regulate the
construction, operation or production on the subject site.
(c) The parties hereto do acknowledge that the General Plan of the City
of Azusa and the Central Business District Redevelopment Plan designate the
Site for heavy industrial use and that it is essential that each and every use
proposed to be placed on the Site must be in conformance therewith. The parties
therefore agree: (i) that such use shall be permitted pursuant to the Plan; (ii)
that such use shall be consistent with the purposes and objectives of the Plan,
and of the City of Azusa's General Plan, and (iii) that such use shall be
compatible, and will not unreasonably interfere with, any adjacent or surrounding
land use.
(3) REMEDIES FOR BREACH OF AGREEMENT
AGENCY agrees that it shall not acquire the Site or any portion thereof by
eminent domain, if, and for so long as, PARTICIPANT fulfill their material obligations
pursuant to this Agreement.
If PARTICIPANT or their successors in ownership default with respect to any
material obligation pursuant to this Agreement, and Agency has fulfilled all of its
obligations herein, AGENCY shall promptly notify PARTICIPANT in writing of the alleged
material breach and the specific steps that PARTICIPANT must take to remedy such
breach, and the time within which such steps are to be taken.
Within thirty (30) days of receipt of such written notification, PARTICIPANT
may file with the Secretary of the AGENCY a request that the AGENCY conduct a hearing
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to decide whether a material breach has occurred and if so, whether the remedial steps and
time for such remedial action set forth in the notice are reasonable. At the conclusion of
the hearing, the legislative body shall also make an election of what remedies it shall pursue
as set forth hereinafter. The decision of the AGENCY shall be deemed a final decision
pursuant to Code of Civil Procedure Section 1094.5. Judicial review of any such decision by
the AGENCY may be had pursuant to Code of Civil Procedure Section 1094.5. If judicial
review is sought, the Court shall exercise its independent judgment in reviewing the
administrative record.
If a material breach is found to exist, and is not remedied within the time
permitted therefor the AGENCY may exercise any of the following remedies:
(a) Additional remedies other than eminent domain. AGENCY may
exercise any additional legal or equitable remedy, other than acquisition by
eminent domain, it has for such material breach, including, but not limited to,
specific performance of the provisions of this Agreement.
(b) Assessments and Alternative Payments
(i) The following represents the total "value" (defined for purposes of
this section as the "fair market value", as utilized by the Los Angeles County
Assessor of Taxes in preparation of tax bills for the fiscal year (1985-86 and
10 1986-87) of land, buildings, improvements, tenant improvements, and personal
property, which would be in place on the Site, if the agreed upon Schedule of
Completion attached hereto and labeled Exhibit "D" is met:
March 1, 1985 $ 9,500,000
(ii) "Tax increment revenues" are defined as those revenues which are in
fact, or would have been if in fact collected, paid to AGENCY under the
provisoes of Health & Safety Code 33670 (b), based upon the "value" as defined in
(i) above, with any adjustments caused by the equalization process which
culminates in the equalized assessment roll adopted on the following August 20.
(iii) PARTICIPANT has the option to either complete the construction in
accordance with the said Schedule of Completion (Exhibit D) and cause the value
of land, buildings, improvements, tenant improvements, and personal property
located on the site to reach the levels specified in (i) above by each of the dates
set forth therein, or pay to AGENCY alternative payments in an amount equal to
the difference between the tax increment revenues actually received by
AGENCY derived from the site during and after the fiscal year commencing on
July 1, 1985 and the tax increment revenues which would have been paid to
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AGENCY had the Schedule of Completion been met. In no event shall
PARTICIPANTS liability for alternative payments exceed the amount of
AGENCY'S assistance in the Public Improvements set forth in Exhibit E attached
hereto.
(iv) Such alternative payments will be paid at the date the taxes actually
levied on the basis of the assessments on the respective dates would have
become delinquent; that is, one-half on the December 10, 1985, and one-half
April 10 of the year following etc.
(v) The provisions of this Section 3 have been agreed to upon the
assumption that the method of ad valorem taxation of real and personal property
presently in effect will be in effect on each date to which this section applies.
No change in such method which increases the amount of tax liability shall
increase the amount to be paid by PARTICIPANT hereunder over what it would
have been absent such change.
NO PARTICIPANT shall cause to be delivered to the AGENCY an insured
letter of credit guaranteeing PARTICIPANTS obligations to make the
alternative payments as provided for in this Section. The letter of credit shall
be in an amount equal to $201,000.00, and Agency's right to draw on the letter of
credit shall be limited to an annual draw in the amount of the alternative
payment as described above. PARTICIPANT may terminate the letter of credit
upon the recordation of the Notice of Completion on both buildings in the Phase I
Development Area.
(vii) In the event that PARTICIPANT has not completed all of the
construction as set forth in the Schedule of Completion (Exhibit D) at the
conclusion of three (3) years from the effective date of this agreement,
AGENCY shall have the option to terminate this Agreement as to the remaining
parcels which have not been developed. Upon termination, AGENCY shall have
the right to acquire by negotiation or eminent domain the then undeveloped
portions of the Site from PARTICIPANT at their then fair market value. Upon
the exercise of said option by the AGENCY, PARTICIPANTS obligation to pay
tax increment payments as set forth above shall cease. The parcels on which
Developer has completed construction and for which a Certificate of Completion
has been issued prior to said date of exercise of option shall not be affected by
said termination.
(c) Condemnation. If there is a final determination that PARTICIPANT
has committed a material breach of this Agreement, and such has not been
remedied, and the AGENCY reasonably determines that all other remedies as set
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forth above are inadequate or inappropriate, AGENCY may then exercise the
right of eminent domain to acquire any portion or all of the Site then owned by
PARTICIPANT.
GOVERKWNTAL APPROVALS
(a) PARTICIPANT and AGENCY acknowledge that certain of the uses
provided for herein with respect to portions of the property will require permits,
approvals or other affirmative action by various governmental agencies including
the City of Azusa. PARTICIPANT and AGENCY agree to cooperate in good
faith in attempting to obtain any favorable action by such govermental agencies
and otherwise to carry out the purposes of this Agreement. The AGENCY shall
not be deemed to be in breach of this Agreement as a result of the denial of any
permit or license by any other governmental entity. Pursuant to Azusa
Municipal Code Section 19.40.100, PARTICIPANT'S compliance with the
provisions of this Agreement as to their operations pursuant to the provisions of
Paragraphs 2(a) and 2(c) of this Agreement shall constitute compliance with
Azusa Zoning Ordiance (Title 19 of the Azusa Municipal Code) insofar as the
provisions of this Agreement address similar matters in the Zoning Ordiance.
(b) Bodily Injury and Property Damage Insurance. During construction of
improvements by PARTICIPANT, 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
$500,000 for any person, $1,000,000 for any occurance and $300,000 property
damage, naming the AGENCY and the City as co -insureds.
(c) Rights of Access. Representatives of the AGENCY, the City and the
United States shall have the reasonable right of access to any Parcel without
charges or fees, at normal construction hours during the period of construction
for the purposes of this Agreement, including but not limited to the inspection of
the work being performed in constructing the imporovements. Such
representatives of the AGENCY and of the United States of America shall be
those who are so identified in writing by the AGENCY.
(d) Obligation to Refrain from Discrimination. There shall be no
discrimination against or segregation of any person, or group of persons, on
account of sex, marital status, race, color, creed, national origin or ancestry in
the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the
Site, or any part thereof, nor shall the PARTICIPANT himself or any person
claiming under or through him establish or permit any such practice or practices
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of discrimination or segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees
of the Site.
(e) Form of Nondiscrimination and Nonsegregation Clauses. The
PARTICIPANT shall refrain from restricting the rental, sale or lease of the
property on the basis of sex, marital status, race, color, creed, ancestry or
national origin of any person. All such deeds, leases or contracts shall contain or
be subject to substantially the following nondiscrimination or nonsegregation
clause.
1. In deeds: 'The grantee herein convenants 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 sex,
marital status, race, color, creed, national origin 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
pratice or practices of discrimination or segregation with reference
to the selection, location, number, use, or occupany 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 sex, marital status, race,
color, creed, national origin, or ancestry, in the leasing, subleasing,
transferring, use, or enjoyment of the land herein leased nor shall the
lessee himself, or any person claiming under or through him, establish
or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or
occupancy, of tenants, lessees, sublessees, subtenants, or vendees in
the land herein leased:'
3. In contracts: 'There shall be no discrimination against or segreation
of any person, or group of persons on account of sex, race, color,
marital status, creed, national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of 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."
(f) Nonliability of Agency Officials and Employees. No member, official
or employee of 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.
(5) DEVELOPMENT OF THE srrE BY THE PARTICIPANT
The Site shall be developed within the limitations established in Phase I
Development Area, as depicted in Exhibit B.
(a) The PARTICIPANT has prepared and submitted to the AGENCY a
"SITE DEVELOPMENT PLAN" (Exhibit C). This ,,SITE DEVELOPMENT PLAN" is
herein approved by the AGENCY.
(b) PARTICPANT shall prepare and submit Final Construction Drawings
and related documents for Site Development to the AGENCY for architectural
review and written approval at the time established in the Schedule of
Performance. Final Construction Drawings are hereby defined as those in
sufficient detail to obtain necessary permits. The AGENCY shall have the right
of architectural review of all plans and submissions. Any items submitted and
approved by the AGENCY shall not be subject to subsequent disapproval. Any
disapproval by the AGENCY shall include written reasons for disapproval.
PARTICIPANT, upon receipt of a disapproval, shall revise such portions as are
rejected and resubmit to the AGENCY within 30 days or as mutually agreed,
after receipt of the disapproval notice.
If any revisions or corrections shall be required by the City or any
other agency, department or bureau of the City of Azusa, County of Los
Angeles, or State of California having jurisdiction, the PARTICIPANT and the
AGENCY shall cooperate in efforts to obtain waiver of such requirements or to
develop a mutually acceptable alternate. If no such waiver is obtained and no
such alternate is developed, the AGENCY shall be bound by such revisions or
corrections if they are not inconsistent with approved drawings and related
documents.
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If the PARTICIPANT desires to make any change in the Final
Construction Drawings and related documents for Site Development after their
approval by the AGENCY, the PARTICIPANT shall submit the proposed change
to the AGENCY for its approval. If approved, the AGENCY shall notify
PARTICIPANT of such approval in writing within 30 days after submission to the
AGENCY. Such change in the Final Construction Drawings for Site Development
shall, in any event, be deemed approved by the AGENCY unless rejected, in
whole or in part, by written notice thereof by AGENCY to PARTICIPANT,
setting forth in detail the reasons therefor, and such rejection shall be made
within said 30 -day period. The PARTICIPANT upon receipt of a disapproval shall
revise such portions as are rejected and resubmit to the AGENCY within 30 days
or as mutually agreed after receipt of the notice of disapproval.
Approval of final working drawings will be promptly granted by the
AGENCY if they are a well designed, logical evolution of the preliminary
drawings previously approved.
(c) Schedule of Performance. Subject to extension of time for causes,
the Participant shall begin and complete all construction and development within
the time specified in Exhibit D, "Schedule of Performance," or such reasonable
extension of said dates as may be granted by the AGENCY in writing. The
Schedule of Performance is subject to revision from time to time as mutually
agreed upon in writing between the PARTICIPANT and the AGENCY.
(6) RESPONSIBILITY OF THE AGENCY.
(a) The AGENCY, without expense to the PARTICIPANTS or assessment or
claim against the Site, shall in accordance with the Plan, at its sole risk, cost and expense,
provide or secure or cause to be provided or secured, the improvements described in Exhibit
E hereto and incorporated herein by reference on or before December 15, 1984, unless
extended by mutual agreement of AGENCY and PARTICIPANT. AGENCY'S plans for the
improvements shall be submitted to PARTICIPANT for review and approval prior to
advertising for bids. AGENCY shall include in the construction bid documents a provision
that requires the contractor to coordinate its construction activities with PARTICIPANT so
as not to interfere with PARTICIPANTS construction activities.
(b) AGENCY acknowledges that should it not cause the improvements to be
constructed as set forth in Exhibit E, PARTICIPANT shall have no obligations whatsoever
under this Agreement and that AGENCY shall have no claim or cause of action against
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PARTICIPANT. Further, in the event that AGENCY so fails to perform, PARTICIPANT, at
its option, may choose to complete its proposed development and to construct the
improvements set forth in Exhibit E at its own cost and expense and, in such event,
AGENCY agrees that it shall reimburse PARTICIPANT for the actual costs of such
improvements from the additional tax increment revenues generated by PARTICIPANTS
project as described in Section 3 (b) hereinabove.
(7) PROHIBITION AGAINST TRANSFER OF THE SITE, THE BUILDINGS OR
STRUCTURES AND ASSIGNMENT OF AGREEMENT.
Prior to the recordation by the AGENCY of a Certificate of Completion of
Construction as provided hereinafter, the PARTICIPANT shall not, except as permitted by
this Agreement, sell, transfer, convey, assign or lease the whole or any part of the Phase I
Development Area of the Site without the prior approval of the AGENCY, which approval
shall not be unreasonably withheld. This prohibition shall not apply subsequent to the
recordation of the Certificate of Completion with respect to the improvements upon the
parcel. This prohibition shall not be deemed to prevent the granting of easements or
permits to facilitate the development of the Site or to prohibit or restrict the leasing of any
part, or parts, of a building or structure with respect to which a partial Certificate of
Completion has been issued by the AGENCY.
(8) ENFORCED DELAY: EXTENSION OF TLUES OF PERFORMANCE
In addition to specific provisions of this Agreement, performance by either party
hereunder shall not be deemed to be in default where delays or defaults are due to war;
insurrection; strikes; lock -outs; riots; floods; earthquakes; fires; casualties; acts of God; acts
of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of
transportation; governmental restrictions or priority; litigation; unusually severe weather;
inability to secure necessary labor, materials or tools; delays of any contractor;
subcontractor or supplier; acts of the other party; acts or failure to act of any public or
governmental agency or entity (other than that acts or failure to act of the AGENCY shall
not excuse performance by the AGENCY) or any other causes beyond the control or without
the fault of the party claiming an extension of time to perform. An extension of time for
any such cause shall only be for the period of the enforced delay, which period shall
commence to run from the time of the commencement of the cause. If, however, notice by
the party claiming such extension is sent to the other party more than 30 days after the
commencement of the cause, the period shall commence to run only thirty (301days prior to
the giving of such notice. Times of performance under this Agreement may also be
extended in writing by mutual agreement of the AGENCY and the PARTICIPANT.
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(9) REPRESENTATIONSMARRANTIES.
Each of the parties hereto represents and warrants to the other party as follows:
(a) that each of the recitals contained in this Agreement are true and
correct; and
(b) that each of the parties have lawfully authorized the execution of this
Agreement in the manner required by law and that the persons who have
executed this Agreement on behalf of each of the said parties are authorized to
so execute; and
(c) That this Agreement is legally binding upon each of the parties hereto.
(10) NOTICES.
All notices given or required to be given hereunder shall be in writing and shall be given
personally at or shall be sent by the United States Postal Service, certified and postage
prepaid, to the following addresses:
AGENCY:Azusa Redevelopment Agency
213 East Foothill Boulevard
Azusa, California 91702
Attn: Executive Director
PARTICIPANT: Messenger/Azusa, California Limited Partnership
16912-A Von Karman
Irvine, California 92714
Attention: William S. Messenger, Jr.
Any such notice (i) if given personally shall be deemed given upon receipt by the addressee
or (ii) if given by mail shall be deemed given two (2) business days after the same is
deposited in the course of transmission with the United States Postal Service.
(11) ENTIRE AGREEMENT
This Agreement, together with the Exhibits attached hereto, constitutes the
entire agreement of the parties with respect to the subject matter contained herein. There
are no oral or otherwise written agreements modifying the same.
(12) ATTORNEY'S FEES
If either party is reasonably required to commence an action against the other
party to enforce any of the terms or conditions hereof, the prevailing party shall be entitled
to reasonable attorneys' fees incurred in connection with the prosecution or defense of such
action. Such fees shall be payable whether or not such action is prosecuted to final
judgment. If AGENCY, upon breach of this agreement by PARTICIPANT, or either of them,
files an eminent domain action to acquire any part of the Site, it shall be entitled to recover
attorneys fees, and other costs, fees and expenses incurred.
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(13) FURTHER INSTRUMENTS
AGENCY and PARTICIPANT shall whenever and as often as properly requested
to do so by the other party, execute, acknowledge and deliver or cause to be executed,
acknowledged or delivered, any and all documents and instruments as may be necessary,
expedient or proper in the opinion of the requesting party to carry out the intent and
purposes of the Agreement, provided that the requesting party shall bear the cost and
expenses of such further instruments.or documents, except that each such party shall bear
its own attorneys' fees, except as provided in Section hereof.
(14) BINDING EFFECT
This Agreement shall be binding upon the parties hereto and upon the successors
in interest of the parties hereto. This Agreement shall be prepared, executed and recorded
in the office of the County Registrar/Recorder of the County of Los Angeles, State of
California.
(15) TERM
The term of this Agreement shall commence on the date that this said
Agreement is executed on behalf of the AGENCY, and shall continue until the date that the
Plan expires.
(16) AMENDMENT
This Agreement may be amended by mutual written consent of the parties which
shall be binding upon successors of the parties and shall be binding upon successors of the
parties and shall be recorded. Such consent shall not be unreasonably withheld with respect
to the conditions of operation of the uses.
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THE PARTIES HERETO have caused this Agreement to be executed as follows:
AZUSA REDEVELOPMENT AGENCY
Date: October 1, 1984 13y Y���
P� airman
Eugene F. Moses
Mayor
ATTEST:
By Zz ri_
Secretary
Ad81f Solis
City Clerk
MESSENGER/A Z USA
By \ �
General artn
By
A copy of this Agreement has been filed with the City Clerk of the City of Azusa.
Adolflis .
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SITE PLAN /\
AZUSA INDUSTRIAL DEVELOPMENT
AZUSA, CALIFORNIA
FOR THE MESSENGER INVESTMENT COMPANY
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SITE PLAN /\
PROJECT DATA
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AZUSA INDUSTRIAL DEVELOPMENT
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AZUSA, CALIFORNIA
FOR THE MESSENGER INVESTMENT COMPANY
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EXHIBIT D
MESSENGER/AZUSA OPA
SCHEDULE OF PERFORMANCE
Benchmark
PARTICIPANT shall submit for AGENCY
approval site development plans
PARTICIPANT shall submit final
building plans to AGENCY
Owner Participation Agreement shall
be executed by PARTICIPANT and
delivered to AGENCY
PARTICIPANT shall submit final
purchase of the site
AGENCY shall approve or disapprove
PARTICIPANT'S final building
PARTICIPANT shall commence con-
struction of the off-site improvements
PARTICIPANT shall commence con-
struction of on-site improvements
(Phase I)
PARTICIPANT shall complete con-
struction of all new improvements
AGENCY shall complete off-site its
improvements
AGENCY shall issue a final certificate
of compliance to PARTICIPANT
d/Azu 11
Date
prior to execution of OPA
on or before August 1, 1984
on or before October 2, 1984
on or before October 15, 1984
within 10 days of submission
of final building plans
no later than 30 days after approval
of building plans or October 15, 1984,
whichever is later
no later than 30 days after approval
of building plans or October 30, 1984,
whichever is later
no later than March 1, 1985
no later than January 15, 1985.
Subject to 30 days prior notice by
PARTICIPANT to extend completion
date
within 30 days of completion of
construction by PARTICIPANT
4
EXHIBIT E
MESSENGER/AZIISA OPA
AZIISA REDEVELOPMENT AGENCY
DEVELOPMENT COMMITMENTS
The AGENCY, in accordance with the Redevelopment plan shall provide or secure, or cause
to be provided or secured the following services and assistance in development of public
improvements:
A. Permit Review Assitanee
The AGENCY shall use its best efforts to expedite the review of building plans for the
issuance of building and other construction permits. In so doing, the Agency shall
authorize and bear the costs for overtime review of such plans when PARTICIPANT
has prepared construction plans in a timely manner pursuant to the Schedule of
Performance (Exhibit D) and when the normal review process will cause delay in
achieving the objectives of this Agreement.
B. Assistance in Public Improvements
The AGENCY shall use its best efforts to assist PARTICIPANT in the development of
certain public improvements required by the City of Azusa. The AGENCY shall
participate in the development of said improvements for an amount not to exceed
$450,000. Said public improvements include:
1. The installation of a 16" water main extending from the high pressure main on
Vernon, to Eight Street and from there to Loren Avenue.
2. The reconstruction, resurfacing or rebuilding as necessary of Eight Street
extending generally from Vernon Avenue west to Loren Avenue; namely, street
widening, surfacing, curbs, gutters and sidewalks as required, and driveways
abutting on the Site in such manner as to provide the Site with reasonably
adequate pedestrian and vehicular access to public sidewalks, streets and public
rights-of-way now established or to be established consistent with the use of the
Site as set forth in PARTICIPANT'S Scope of Development.
All public improvements shall be constructed or installed in accordance with the technical
specifications, standards and practices of the City. All such activities shall be prepared by
and coordinated with PARTICIPANT'S design effort and shall be completed at a time and in
a manner consistent with the PARTICIPANTS design and construction efforts; however,
once construction of the public improvements has commenced or has been completed, any
changes required by the PARTICIPANT shall be at the expense of the PARTICIPANT.
PARTICIPANT shall submit engineering plans in a timely manner to allow for their inclusion
in the Bid Specifications.
Furthermore, all costs in excess of $450,000 for the construction of improvements
hereinbefore described shall be paid by PARTICIPANT.
C. Method of Payment - Agency Assistance in Public Improvements
(1) AGENCY shall be responsible for the installation of a 16" water main as
hereinbefore descirbed. Said installation is estimated to cost $200,000. The Agency shall
bear all costs associated with said installation except that engineering plans shall be
prepared by PARTICIPANT.
(2) AGENCY hereby agrees to reimburse PARTICIPANT the costs associated with
the widening and improvement of Eight Street extending from Vernon to Loren Avenues.
Agency shall pay PARTICIPANT the difference between the total sum for public
improvement assistance ($450,000) and the actual costs for the construction of the water
improvements described above (est. $200,000). Said payment in its entirety (approximately
$250,000) shall be made upon the initiation of construction of Phase IL Initiation of
Construction of Phase II shall mean that PARTICIPANT or assignee (which assignment is
subject to the approval of the Agency and which shall not be unreasonably withheld) has
constructed a building foundation pursuant to a building permit issued in conformance with a
Development Agreement for the development of any or all of the remaining portions of the
Site (Lots 1, 3 and 5 of Tentative Parcel Map No. 16473).
d:AzusaU
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