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HomeMy WebLinkAboutOrdinance No. 2383 ORDINANCE NO. 2383 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF AZUSA AND COASTFED PROPERTIES, A CALIFORNIA GENERAL PARTNERSHIP THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1 . The City Council of the City of Azusa finds, determines and declares that : A. The Planning Commission of the City of Azusa recommended that the City Council approve the Development Agreement by and between the City of Azusa and Coastfed Properties, a California General Partnership, attached hereto and hereby incorporated into the provisions of this Ordinance; and B. On October 24, 1988, the City Council held a duly noticed public hearing on the Development Agreement and the Land Use Entitlements set forth therein, wherein all persons desiring to be heard were heard; and C. The City Council has reviewed and considered the attached Development Agreement and all the testimony and evidence presented at the public hearing and determined the content of the Agreement and the actions of the Planning Commission to be complete and correct ; and D. The attached Agreement is in the public interest and is consistent with the Azusa General Plan. SECTION 2 . The City Council further finds with respect to the attached Agreement that : A. It is consistent with the objectives, policies and programs specified in the General Plan and each of its elements; and B. It is compatible with the uses authorized in and the regulations prescribed for , the zone in which the real property is located; and C. It will not be detrimental to the public health, safety and general welfare; and D. It will promote the orderly redevelopment of property or the preservation of property values in accordance with good land use practice; AND E. With respect to the subject property, Ordinance No. 2371 shall not apply and in all FJN/ORD4038 - other respects Ordinance No. 2371 shall remain the same. SECTION 3 . The City Council hereby approves the Development Agreement by and between the City of Azusa and Coastfed Properties, a California General Partnership, in the form attached hereto, and authorizes and directs the Mayor to enter into the Agreement in the name of the City of Azusa, and further directs the City Clerk to record the Agreement and this Ordinance with the County Recorder within 10 days of its effective date of adoption. SECTION 4 . The City Clerk shall certify to the passage of this Ordinance and shall cause same to be published in the manner required by law. PASSED AND APPROVED this 7th day of November , 1988. MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss . CITY OF ) I , Adolph Solis, City Clerk of the City of Azusa do hereby certify that the foregoing Ordinance No. 2383 was regularly introduced and adopted by the City Council of the City of Azusa on the 24th day of October , 1988 by the following vote of the City Council : AYES: COUNCILMEMBERS: AVILA, NARANJO, LATTA NOES: COUNCILMEMBERS: MOSES ABSENT: COUNCILMEMBERS: NONE ABSTAIN• 75NCItiMBER 1 STEMRICH ii-j7- i 7 Adolph So, o s, City Clerk -2- RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: Julio J. Fuentes Executive Director j \ Redevelopment AgencyfiY \ of the City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF AZUSA AND COASTFED PROPERTIES THIS DEVELOPMENT AGREEMENT/( "Agreement" ) is made and entered into this day of , 1988 , by and between the CITY OF AZUSA, a municipal corporation organized and existing under the laws of the State of California ( "City" ) , and COASTFED PROPERTIES, a California General Partnership ( the "Developer" ) , with reference to the following facts and circumstances : PROJECT HISTORY/RECITALS A. On June 20 , 1988, the Redevelopment Agency of the City of Azusa and the City Council of the City of Azusa approved the Disposition and Development ( "DDA" ) by and between the Redevelopment Agency of the City of Azusa ( "Agency" ) and the Developer by Resolution No. and Resolution No. , respectively. Final : 10/20/88 PMT/AGR9393FZ B. The Agency staff and the Developer negotiated the DDA for the acquisition, sale and redevelopment of certain property in the Central Business District Redevelopment Project Area . The DDA provides that the Agency will acquire the project site for Developer and conditions the sale of said property upon its redevelopment and such other matters as are required by the Community Redevelopment Law, Health and Safety Code Section 33000 et seq. This Agreement will assist the parties in accomplishing the purposes of the DDA. C. The legal description of the Subject Property is attached hereto as Exhibit A and incorporated herein by reference as though set forth herein in its entirety ( "Subject Property" ) . D. Developer is acquiring the Subject Property for purposes of redevelopment pursuant to the Community Redevelopment Law. Upon fulfillment of certain conditions specified in the DDA by the Agency and Developer , Developer shall acquire fee title to the Subject Property and shall thereupon redevelop the Subject Property in accordance with the DDA. E. City desires that all or a portion of the Subject Property be developed for residential uses in accordance with the DDA. -2- Final : 10/20/88 PMT/AGR9393FZ F. On October 5 , 1988 , the Planning Commission held a duly noticed public hearing on this Development Agreement and on the Land Use Entitlements set forth in Paragraph G. By Resolutions through the Planning Commission recommended approval of this Agreement and said Land 'Use Entitlements by the City Council . On 1988 , the City Council held a duly noticed public hearing to consider approval of this Agreement and said Land Use Entitlements . After fully considering the testimony and all evidence presented, the Council adopted Ordinance No. approving this Agreement and Resolutions Nos . to approving the Land Use Entitlements described in Paragraph G. G. The City acknowledges that it has completed its review of the following "Land Use Entitlements" for the Project and hereby affirms their approval : ( 1 ) Zone change from Central Business District (CBD) to Multifamily Residential (R-3 ( c) ) ( Zone Change No. Z-88-4 ) ; ( 2 ) General Plan Amendment No. GPA-88-3 from Central Business District (CBD) to High Density Residential; ( 3) Conditional Use Permit No. C-88-22 ; ( 4 ) Precise Plan of Design No. P-88-157 ; and ( 5) Tentative Tract Map No. 46726 . -3- Final : 10/20/88 PMT/AGR9393FZ The Land Use Entitlements shall include that the Subject Property will contain a minimum of 135 multifamily apartment units together with such written conditions and requirements as the Developer may approve in its sole discretion . H. California Government Code Sections 65864- 65869 . 5 authorize the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of Subject Property . I . Pursuant to Section 65865 of the Government! Code the City has adopted rules and regulations establishing procedures and requirements for the consideration of development agreements as Chapter 19 . 68 of the Azusa Municipal Code . J. The Developer has requested the City to consider entering into a development agreement and proceedings have been taken in accordance with the City ' s rules and regulations . K. The Subject Property is not located in an area for which a local coastal project is required to be prepared and certified pursuant to the requirements of Division 20 of the California Public Resources Code . L. This Agreement and its purposes and the Project are consistent with the goals, policies , and -4- Final : 10/20/88 PMT/AGR9393FZ principles of the City ' s presently adopted General Plan and each of its elements . M. On , 1988, the City Council adopted Ordinance No. approving this Agreement , which ordinance took effect on , 19 NOW, THEREFORE, the City and Developer agree as follows : COVENANTS AND AGREEMENTS 1 . Exhibits . The following documents are referred to in this Agreement, attached and made a part by this reference : Exhibit Designation Description Exhibit A Legal Description of the Subject Property Exhibit B Ordinance No. Changing the Zoning of the Subject Property from Central Business District (CBD) to Multifamily Residential (R-3 (c) ) _5_ Final : 10/20/88 PMT/AGR9393FZ Exhibit C Resolution No. Changing the General Plan Land Use Designation of the Subject Property from Central Business District (CBD) to High Density Residential (H) Exhibit D Resolution No. Granting a Conditional Use Permit for the Subject Property Exhibit E Resolution No. Granting a Precise Plan of Design for the Subject Property Exhibit F Resolution No. Approving Tentative Tract Map No. 46726 for the Subject Property 2 . Specific Restrictions on Development of the Subject Property. The specific restrictions which shall govern the use of the Subject Property shall be those set forth in the DDA and in the Resolutions approving the Land Use Entitlements attached hereto as Exhibits B through -6- Final : 10/20/88 PMT/AGR9393FZ F, inclusive . These Exhibits set forth the description of the Project subject to this Agreement . 3 . Vacation of Streets The City agrees that , in consideration of the Developer executing this Agreement and the DDA and accepting the Land Use Entitlements as described herein, it shall, at its sole cost and expense, cause the lawful vacation by all appropriate means of the streets and alleys that currently bisect portions of the Subject Property so that the Subject Property will be one contiguous parcel or parcels of land. The City shall cause the complete vacation of such streets and alleys on or before the close of escrow for the Agency ' s conveyance of the Subject Property to Developer . The City further agrees that it shall cooperate with the Developer in its performance under this Agreement and the DDA. 4 . Effect of Agreement on Land Use Regulations . (a) The terms of this Agreement shall govern the use and development of the subject property during the term of this Agreement . This agreement shall supersede any initiative, ordinance, or regulation of the City which conflicts with the terms of this Agreement . (b) Notwithstanding subparagraph (a) of this paragraph or Government Code section 65866, all City -7- Final : 10/20/88 PMT/AGR9393FZ building standards and specifications in effect at the time any building permit is issued shall be met . (c) The City shall retain the right to review and approve future development of the Subject Property in accordance with then existing zoning ordinances . (d) This Agreement is and shall be enforce- able by any party hereto despite a change in the applicable general or specific plans of the City and any change in any zoning, subdivision or building regulations adopted by the City which alter or amend the rules , regulations or policies governing permitted uses of the land, density and design :of the Subject Property. The City ' s rules, regulations , ordinances , laws , general and specific plans and official policies governing development density, permitted uses , growth management , environmental considerations and design criteria for the purposes and term of this Agreement ( including , but not limited to, the Land Use Entitlements) and which are applicable to the Project shall be those in force and effect upon the date that the City executes this Agreement . With respect to the Subject Property, Ordinance No. / � shall not apply and in all other respects, Ordinance No. Z l/ shall remain the same. The Dei'eloper shall be permitted to utilize all Land Use Entitlements which it reviews, approves and accepts in accordance with the terms of this Agreement , notwithstanding any change in any law, -8- Final : 10/20/88 1 PMT/AGR9393FZ rule, ordinance, zoning or development policy promulgated by the City or instituted pursuant to a voter initiative, federal or state action or by any other lawful means , the intent of which is change the nature or availability of any Land Use Entitlement . If the City enacts or modifies any rules', laws, regulations , ordinances, general or specific plans or its official policies for any reason whatsoever which would have any effect on the Developer ' s Land Use Entitlements and its contemplated development of the Subject Property in any manner whatsoever , such new enactments or modifications shall not be applicable to the Subject Property without the Developer ' s prior written consent . ( e) The City consents , acknowledges and agrees that Exhibit 6 to the DDA contains all of the City ' s planning, development and building fees which will be chargeable against the Developer ' s contemplated project to be constructed pursuant to the Land Use Entitlements . These fees will remain fixed notwithstanding any increases in the fees that occurred during the term of this Agreement or the DDA, and the City will not assess any fees that are greater than the fees set forth on Exhibit 6 in the DDA against the Developer during the term of this Agreement . ( f) Notwithstanding the provisions of Title 19 of the Azusa Municipal Code, Zoning, Developer shall not be required to utilize the Land Use Entitlements described -9- Final : 10/20/88 PMT/AGR9393FZ in Paragraph 2 within six ( 6 ) months of the date of approval . 5 . Consideration. The consideration for this Agreement includes the assurances set forth herein that the Developer , its successors and assigns, will be able to develop the Subject Property as specified in the Land Use Entitlements, as set forth in Exhibits B through F. The parties represent that the terms and conditions of this Agreement are fair and reasonable and in the best interests of City, its residents and the Developer . 6 . Duration. The terms and provisions of this` Agreement with respect to the Subject Property shall expire at the end of the tenth ( 10th) year following issuance of the Certificate of Completion for the entire Site pursuant to Section 3 . 17 of the DDA. 7 . Periodic Review of Compliance. City shall review this Agreement at least once every twelve ( 12 ) months from the effective date of this Agreement in order to make sure the Developer is in good faith compliance with the terms of this Agreement in accordance with Government Code section 65865 . 1 . 8 . Assignment . The Developer and its successors in interest may assign or transfer their rights under this Agreement in whole or in part to any person or entity who has a legal or equitable interest in the Subject Property -10- Final : 10/20/88 PMT/AGR9393FZ and who agrees to comply with and be bound by the terms and provisions of this Agreement . Upon such assignment being duly completed, the assignor shall be released from all liabilities and obligations hereunder . Any other assignment shall be void. 9 . Relationship of Parties . Nothing contained in this Agreement shall be deemed or construed to create the relationship of principal or agent or to create a partnership or joint venture or any association whatsoever as between City and the Developer . No rights in any third parties are created by this Agreement . 10 . Amendment or Cancellation. (a) This Agreement may be amended, or canceled, in whole or in part, by the mutual consent of the parties , or as provided in Section 65865 . 1 of the California Government Code. (b) Any amendment or cancellation of this Agreement shall be in the manner set forth in California Government Code Sections 65868 ,65867 and 65867 . 5, as the same may hereinafter be in effect . 11 . Enforcement . Unless amended or canceled in accordance with the terms of this Agreement, this Agreement is enforceable by any party to it notwithstanding a change in the applicable general or specific plan, zoning ordinance or subdivision ordinance adopted by the City which alter or -11- Final : 10/20/88 PMT/AGR9393FZ amend the land use rules , regulations , or policies governing the Subject Property. 12 . Default of City. (a) The City shall be in default under this Agreement if it imposes upon Developer rules, regulations or official policies governing the Subject Property which are not permitted by this Agreement . ( b) The City shall not be in breach of this Agreement by reason of any subsequent changes of laws or regulations of another local agency not created or controlled by the City which prevents or precludes compliance by the City or Developer with this Agreement . The City agrees not to initiate or promote any such change. 13 . Default of Developer . Developer is in default under this Agreement upon the happening of one or more of the following events or conditions : (a) If a warranty, representation or statement made or furnished by Developer to the City is false or proves to have been false in any material respect when it was made . (b) A finding and determination by the City made following a periodic review under the procedure provided for in Govt . Code section 65865 . 1 that upon the basis of substantial evidence the Developer has not complied in good faith with one or more of the material terms or conditions of this Agreement . -12- Final : 10/20/88 PMT/AGR9.393FZ Notwithstanding the foregoing, the Developer shall not be deemed to be in default hereunder and all performance, and other dates specified herein shall be extended if the Developer has acted diligently and the delays caused to the Developer are due to events beyond its reasdnable control which events shall include, but not be limited to, war , insurrection, strikes , moratoriums , no growth or limited growth initiatives , lockouts, riots, floods , earthquakes , fires , casualties , acts of God, acts of the public enemy, epidemics , quarantine restrictions , freight embargos , lack of transportation, labor or materials , governmental restriction or priority, litigation, unusually severe weather , acts or omissions of any third party or any other causes beyond the control or without the default of the Developer . If such causes should arise, the times for performance hereunder shall be automatically extended for the length of such delay. 14 . Termination. (a) In the event of a material default of this Agreement by any party, the other party may, at its option, terminate this Agreement and shall be entitled to any other remedy provided by law or equity. (b) In the event that either party terminates the DDA pursuant to Section 6 . 7 thereof , such party may, at its option terminate this Agreement . -13- Final : 10/20/88 PMT/AGR9393FZ 15 . Notices . Whenever under this Agreement it is deemed desirable or necessary by either party to give or serve any notice, demand or declaration to the other, it shall be in writing sent by registered mail or certified mail , return receipt requested, with postage prepaid, addressed as follows : To Developer : Coastfed Properties c/o The Casden Company Henry C. Casden, President 9090 Wilshire Boulevard Beverly Hills, CA 90211 Copy to: Arlen R. Gunner , Esq. Troy Casden Gould 1801 Century Park East 16th Floor Los Angeles , CA 90067 To City: 213 E. Foothill Blvd. Azusa, CA 91703 Attn: City Administrator Copy to : Peter M. Thorson, Esq. Burke, Williams & Sorensen 624 S. Grand, 11th Floor Los Angeles, CA 90017 Either party may by like notice at any time and from time to time designate a different address to which notices shall be sent . 16 . Waiver . One or more waivers of any covenant, term or condition of this Agreement by either party shall not be deemed as a waiver of any subsequent breach of the same covenant, term or condition or a waiver of any other covenant, term or condition hereof . The consent or approval -14- Final : 10/20/88 PMT/AGR9393FZ _. of either party to or of any act or omission requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act or omission. 17 . Construction. This Development Agreement has been 'prepared jointly by the attorneys for the parties and is to be construed fairly and not in favor of or against any party as the draftsman thereof . 18 . Governing Law. This Agreement shall be governed by the laws of the State of California. 19 . Attorneys Fees and Costs . If legal action :by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement , the prevailing party is entitled to reasonable attorneys fees and court costs . -15- Final : 10/20/88 PMT/AGR9393FZ 20 . Effective Date . This Agreement shall be effective on the thirtieth (30th) day following adoption of the Ordinance approving this Agreement . IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first shown above . CITY OF AZUSA By: EUGENE F. MOSES MAYOR Attest : ADOLPH A. SOLIS City Clerk Approved as to Form: PETER M. THORSON City Attorney -16- Final : 10/20/88 PMT/AGR9393FZ COASTFED PROPERTIES, a California General Partnership By: The Casden Company, a California Corporation, General Partner By: HENRY C. CASDEN President -17- Final : 10/20/88 PMT/AGR9393FZ STATE OF CALIFORNIA ss . COUNTY OF LOS ANGELES On , 1988 , before me, the under- signed, a Notary Public in and for said State, duly commissioned and sworn, personally appeared Eugene F. Moses, known# to me (or proved to me on the basis of satisfactory evidence) to be the Chairman of the Redevelopment Agency of the City of Azusa , a public body, corporate and politic, that executed the within instrument on behalf of said 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 . ( SEAL) Notary Public in and for said State -18- Final : 10/20/88 ' 1 PMT/AGR9393FZ STATE OF CALIFORNIA ) ss . COUNTY OF LOS ANGELES ) On , 19 , before me, the under- signed, a Notary Public in and for said State, personally appeared Henry C. Casden, personally known to me (or proved to me,, on the basis of satisfactory evidence) to be the person who executed the within instrument as President of the partners of the partnership that executed the within instrument , and acknowledged to me that such partnership executed the same . WITNESS my hand and official seal . (SEAL) Notary Public in and for said State STATE OF CALIFORNIA ) ss . COUNTY OF ) On , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared PETER M. THORSON, known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that [ s ]he executed the same. WITNESS my hand and official seal . (SEAL) Notary Public in and for said State -19- Final : 10/20/88