HomeMy WebLinkAboutE-7 Staff Report - Certificate of Completion - 626 N. Azusa Ave. (The Orchard)CONSENT ITEM
E-7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MATT MARQUEZ, DIRECTOR OF ECONOMIC & COMMUNITY DEVELOMENT
DEPARTMENT
DATE: AUGUST 15, 2022
SUBJECT: ACCEPTANCE OF PROJECT COMPLETION AND AUTHORIZATION TO FILE A
CERTIFICATE OF COMPLETION FOR THE ORCHARD 626 N. AZUSA AVENUE
BACKGROUND:
On March 6, 2017, the City Council approved Resolution No. 2017-C17 approving the Disposition
Development Agreement (DDA) with Azusa Block 36, LLC (Developer) to allow the sale of the City’s
property formally known as Block 36 on the northeast corner of Azusa Avenue and Foothill Boulevard
(Property) and for the City to ensure the development of the Property was in accordance to the DDA.
The project has since been completed and the obligations of the Developer have been fulfilled.
RECOMMENDATION:
Staff recommends the City Council take the following actions:
1)Accept The Orchard project located at (626 N. Azusa Ave) as outlined in 2017 Disposition and
Development Agreement between the City and Azusa Block 36 LLC; and
2)Authorize the City Manager to execute the Certificate of Completion, in a form acceptable to the
City Attorney on behalf of the City; and
3)Authorize Staff to submit the Certificate of Completion for recordation to the Office of the
County Recorder of Los Angeles County.
ANALYSIS:
The City and Developer entered into a DDA dated April 20, 2017 whereby the Developer agreed to
develop the property in accordance to the DDA terms. On June 25, 2019 the City sold the property to the
Developer. On September 19, 2019 a Building Permit was issued. The Developer since then worked
diligently to complete the project within the agreed upon schedule of performance. The project has since
APPROVED
CITY COUNCIL
8/15/2022
Certificate of Completion for The Orchard (626 N. Azusa Avenue)
August 15, 2022
Page 2
been completed. The Building Division provided a Certificate of Occupancy on August 11, 2022
certifying the project had complied with each respective City Departments, Divisions and outside
agencies’ requirements and conditions as required by the Design Review (DR-2018-12) and Building
Permit (B18-000-756). Staff has determined the Developer has satisfied all of its obligation under the
DDA. Notwithstanding any provision of the Certificate of Completion, the City may enforce any
covenant surviving the Certificate of Completion in accordance with the terms and conditions of the
DDA and the Grant Deed. Staff recommends the City Council accept The Orchard project as outlined in
the DDA, authorize the City Manager to execute the Certificate of Completion and authorize the
recordation of the Certificate of Completion.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended actions. The City is exempt from recording
fees per Govt. Code §27383.
Prepared by: Reviewed and Approved by:
Carina Campos Matt Marquez
Economic Development Specialist Director of Economic & Community Development
Reviewed and Approved by:
Sergio Gonzalez
City Manager
Attachment:
1) Certificate of Completion – 626 N. Azusa Avenue – The Orchard
45635.01000\29592251.4
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF AZUSA
213 East Foothill Boulevard
Azusa, CA 91702-1295
______________________________________________________________________________
APN 8611-003-053 Exempt from Recording Fees per Govt. Code §27383
Exempt from Documentary Transfer Tax per Calif. Rev. & Tax. Code §11922
CITY OF AZUSA
CERTIFICATE OF COMPLETION
The Orchard Downtown Azusa
626 N. Azusa Ave.
I, Sergio Gonzalez, City Manager of the City of Azusa (the “City”) certify that:
Section 1. The Project described as The Orchard Downtown Azusa (626 N. Azusa
Ave.) required to be constructed in accordance with that certain 2017 Disposition and
Development Agreement (SERRANO/BLOCK 36), dated April 20, 2017 (“DDA”), between the
City and AZUSA BLOCK 36, LLC, a California limited liability company (the “Developer”), on
that certain real property specifically described in the legal description(s) attached to this
Certificate of Completion as Exhibit 1 (the “Property”), is complete in accordance with the
provisions of the Agreement.
This Certificate of Completion constitutes conclusive evidence of the City’s determination
of the Developer’s satisfaction of its obligation under the Agreement to construct and install the
Project on the Property, including any and all buildings, parking areas, landscaping areas and
related improvements necessary to support or meet any requirements applicable to the Project and
its use and occupancy on the Project, whether or not such improvements are located on or off the
Property or on other property subject to the Agreement. Notwithstanding any provision of this
Certificate of Completion, the City may enforce any covenant surviving this Certificate of
Completion in accordance with the terms and conditions of the Agreement and the Grant Deed by
which the Property was conveyed to the Developer by the City under the Agreement. The
Agreement is an official record of the City and a copy of the Agreement may be inspected at the
City’s office located at 213 E. Foothill Blvd., Azusa, California 91702, during the City’s regular
business hours.
DATED AND ISSUED this _____ day of ______________, 2022.
Attachment 1
45635.01000\29592251.4
CITY OF AZUSA
a California municipal corporation
By: ____________________________________
Sergio Gonzalez
Its: City Manager
45635.01000\29592251.4
STATE OF CALIFORNIA )
) ss.
COUNTY OF ________________ )
On ________________, before me, , Notary Public,
personally appeared , personally known to me to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
_____________________________
Notary Public
45635.01000\29592251.4
EXHIBIT 1
TO
CERTIFICATE OF COMPLETION
Legal Description of the Property
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of Los Angeles, City of
Azusa and described as follows:
APN: 8611-003-053
Lot 2 of Tract No. 68892, in the City of Azusa, County of Los Angeles, State of California, as per map
recorded in Book 1347, Page(s) 85 and 86 of Maps, in the office of the County Recorder of said County.
Excepting therefrom all oil, hydrocarbon, substances and minerals of every kind and character lying more
than 500 feet below the surface of said land, together with the right to drill into, though, and to use and
occupy all parts of said land lying more than 500 feet below the surface thereof for any and all purposes
incidental to the exploration for and production of oil, gas, hydrocarbon substances or minerals from said
lands but without, however, the right to use either the surface of said land or any portion of said land
within 500 feet of the surface for any purpose or purposes whatsoever as reserved by Zodilla W.
Singleton, Robert M. Singleton and Dorothy N. Singleton in deed recorded May 16, 1986 as Instrument
No. 86-603413 of Official Records.
APN: 8611-003-053
(End of Legal Description)
THE MAP ATTACHED THROUGH THE HYPERLINK ABOVE IS BEING PROVIDED AS A COURTESY
AND FOR INFORMATION PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON.
FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL
SUBDIVISION OR BUILDING ORDINANCES. THERE WILL BE NO LIABILITY, RESPONSIBILITY OR
INDEMNIFICATION RELATED TO ANY MATTERS CONCERNING THE CONTENTS OR ACCURACY
OF THE MAP.
TO CERTIFICATE OF COMPLETION
EXHIBIT 1