HomeMy WebLinkAbout483NO. 483
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF IRWINDALE APPROVING THAT DOCUMENT ENTITLED
"DEVELOPMENT AGREEMENT NO. 1 (1994)"
CONCERNING PROPERTY LOCATED AT 6550 N.
IRWINDALE AVENUE, IRWINDALE, CALIFORNIA.
A. Recitals.
(i) California Government Code § 65864 provides, in
pertinent part, as follows:
"The Legislature finds and declares that:
"(a) The lack of certainty in the approval
of development projects can result in a waste of
resources, escalate the cost of housing and other
developments to the consumer, and discourage
investment in and commitment to comprehensive planning
which would make maximum efficient utilization of
flo�. resources at the least economic cost to the public.
"(b) Assurance to the applicant for a development
project that upon approval of the project, the applicant
may proceed with the project in accordance with existing
policies, rules and regulations, and subject to
conditions of approval, will strengthen the public
planning process, encourage private participation in
comprehensive planning, and reduce the economic costs of
development. ."
(ii) California Government Code § 65865 provides, in
pertinent part, as follows:
"Any city . . . , may enter into a development
agreement with any person having a legal or equitable
interest in real property for the development of such
property as provided in this article. . ."
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(iii) California Government Code § 65865.2 provides as
follows:
"A development agreement shall specify the duration
of the agreement, the permitted uses of the property,
the density or intensity of use, the maximum height and
size of proposed buildings, and provision for
reservation or dedication of land for public purposes.
The development agreement may include conditions, terms,
restrictions and requirements for subsequent
discretionary actions, provided that such conditions,
terms, restrictions and requirements for subsequent
discretionary actions shall not prevent development of
the land for the uses and to the density or intensity of
development set forth in the agreement. . . ."
(iv) Attached to this Ordinance, marked Exhibit "A" and
incorporated herein by reference, is a proposed Development
Agreement No. 1 (1994), concerning that real property generally
located at 6550 N. Irwindale Avenue, Irwindale, California, and
as legally described within said Exhibit "A." Hereinafter in
this Ordinance, that agreement attached hereto as Exhibit "A" is
referred to as "the Development Agreement."
(v) This City Council has heretofore adopted an
ordinance applying the zone designation of M-2 - Heavy
Manufacturing Zone upon the subject property. The Irwindale
Community Redevelopment Agency, owner of the property, and the
City desire to provide through the attached Development Agreement
specific development options and controls on the site which will
provide for maximum efficient utilization of the site in
accordance with sound planning principles, all in accordance with
the above -referenced provisions of law.
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(vi) On February 7, 1994, the Planning Commission of
the City of Irwindale held a duly noticed public hearing
concerning the proposed Development Agreement and related
environmental analysis and has recommended to this Council the
adoption of the Development Agreement.
(vii) This Council has heretofore conducted a duly
noticed public hearing concerning the potential adoption of the
Development Agreement and said public hearing was concluded prior
to the adoption of this Ordinance.
(viii) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of
Irwindale does ordain as follows:
1. In all respects as set forth in the Recitals, Part
A, of this Ordinance.
2. (a) The City Council of the City of Irwindale
hereby finds that, pursuant to the provisions of § 15180 of
Division 6 of Title 14 of the California Code of Regulations, no
further environmental review pursuant to the California
Environmental Quality Act of 1970, as amended, is required in
that the development identified in the Development Agreement
constitutes an activity or undertaking pursuant to or in
furtherance of the Redevelopment Plan for the area to which the
Development Agreement applies and for which environmental
eo' approval has previously been completed.
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(b) The City Council finds that facts supporting
the above-specified findings are contained in the staff report
and exhibits, and the information provided to this City Council
during the public hearing conducted with respect to the project.
3. This Council specifically finds that:
(a) The location, design and proposed uses set
forth in the Development Agreement are compatible with the
character of existing development in the vicinity;
(b) The Development Agreement will produce within
the project an environment of stable and desirable character, and
will not tend to cause traffic congestion on surrounding streets;
(c) The proposed development will be well
integrated into its setting;
(d) Provision has been designed in the proposed
development for both private and public open spaces at least
equivalent to that required by the Zoning Ordinance; and
(e) The Development Agreement conforms to the
General Plan of the City of Irwindale.
4. It is expressly found that the public necessity,
general welfare and good zoning practice require the approval of
the Development Agreement.
5. This Council hereby approves the Development
Agreement attached hereto as Exhibit "A."
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6. This Council hereby authorizes and directs the
Mayor and City Clerk to execute the Development Agreement on
behalf of the City of Irwindale forthwith upon adoption of this
Ordinance.
7. The City Clerk shall certify to the passage of
this Ordinance and shall cause the same to be published and/or
posted pursuant to City policy.
1994.
ADOPTED AND APPROVED this 24th day of February ,
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I, DAVID A. CARETTO, City Clerk of the City of
Irwindale, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council of the City
of Irwindale held on the 10th day of February , 1994, and was
finally passed at a regular meeting of the City Council of the
City of Irwindale held on the 24th day of February 1994,
by the following vote:
AYES: COUNCIL MEMBERS: Miranda, J., Breceda, Barbosa
and Diaz
NOES: COUNCIL MEMBERS: Miranda, P.
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST•
City Clerl f ti
City of I ndale Cl
L\1021\0RDEVAGR\I 6.7.A 5
Recorded At the Request
Of And When Recorded
Mail To:
David A. Caretto
City Clerk
City of Irwindale
5050 N. Irwindale Avenue
Irwindale, California 91706
DEVELOPMENT AGREEMENT NO. (1994) CONCERNING PROPERTY
LOCATED AT 6550 N. IRWINDALE AVENUE, IRWINDALE# CALIFORNI7
THIS AGREEMENT is made and entered into as of the
"Effective Date" set forth herein by and between the CITY OF
IRWINDALE, a municipal corporation organized and existing under
the laws of the State of California ("City"), and the IRWINDALE
COMMUNITY REDEVELOPMENT AGENCY, a California redevelopment agency
("CRA").
rl A. Recitals.
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(i) California Government Code ({ 65864, et seq.
authorize cities to enter into binding development agreements
with entities having legal or equitable interests in real
property for the development of such property.
(ii) CRA owns that certain real property located
entirely within City, the legal description of which is Lot 3 of
Tract No. 34340, Book No. 923, pages 62 through 64, and
hereinafter is referred to as "the Site."
(iii) The Site is now zoned 11M-2 Heavy Industrial"
pursuant to the provisions of City's Zoning Ordinance and Zoning
Map, as amended to date hereof. CRA and City desire to provide
through this Development Agreement more specific development
controls on the Site which will provide for maximum efficient
utilization of the Site in accordance with sound planning
principles.
(iv) On , City adopted its
Ordinance No. thereby approving this Development
Agreement with CRA and said Ordinance was effective on
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EXHIBIT "A"
H. Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. Definitions. In this Agreement, unless the context
otherwise requires, the following terms shall have the following
meaning:
a. "City" is the City of Irwindale.
b. "CRA" is the IRWINDALE COMMUNITY REDEVELOPMENT AGENCY,
or any assignee thereof.
C. "Project" is that development approved for the Site as
provided in this Development Agreement comprised of a
sit-down restaurant, signage, on -sale liquor use, and
affiliated uses all as expressly provided herein, and
as identified in the records of the proceedings before
the Planning Commission and City Council.
d. "Effective Date" shall mean the 31st calendar day
following adoption of the ordinance approving this
Agreement by City's City Council.
2. Recitals. The recitals are part of the agreement between
the parties and shall be ,enforced and enforceable as any other
provision of this Agreement.
3. Interest gJ Prover ty fir. CRA warrants and represents
that it has full legal and/or equitable title to the Site, that
it has full legal right to enter into this Agreement and that the
persons executing this Agreement on behalf of CRA have been duly
authorized to do so.
4. 8indina Effect of Agreement. CRA hereby subjects the
.Project and the land described in Exhibit "A" hereto to the
covenants, reservations and restrictions as set forth in this
Agreement. The City and CRA hereby declare their specific intent
that the covenants, reservations and restrictions as set forth
herein shall be deemed covenants running with the land and shall
pass to and be binding upon CRA's successors and assigns in title
or interest to the Project. Each and every contract, deed or
other instrument hereinafter executed, covering or conveying the
Project or any portion thereof shall conclusively be held to have
been executed, delivered and accepted subject to the covenants,
reservations and restrictions expressed in this Agreement,
regardless of whether such covenants, reservations and
restrictions are set forth in such contract, deed or other
instrument.
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City and CRA hereby declare their understanding and
intent that the burden of the covenants, reservations and
restrictions set forth herein touch and concern the land in that
the CRA's legal interest in the Project is rendered less valuable
thereby. The City and CRA hereby further declare their
understanding and intent that the benefit of such covenants touch
and concern the land by enhancing and increasing the enjoyment
and use of the Development by CRA and the future occupants of the
Project, the intended beneficiaries of such covenants,
reservations and restrictions, and by furthering the public
purposes for which this Agreement is adopted. Further, the
parties hereto agree that such covenants, reservations and
restrictions benefit all other real property located in the City
of Irwindale, provided, however, that only City shall be entitled
to enforce the provisions hereof pursuant to 1 14, below.
S. Relationship o0' Parties. It is understood that the
contractual relationship between City and CRA is such that CRA is
an independent party and is not the agent of City for any purpose
whatsoever and shall not be considered to be the agent of City
for any purpose whatsoever.
6. To 4J Aareeaent. The term of the Agreement shall commence
on the Effeptive Date and shall expire on December 31, 2018,
�.► provided CRA remains in material compliance with this Agreement,
as from time to time amended.
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7. Assia=ent. CRA shall have the right to sell, lease, ground
lease, sublease, mortgage, hypothecate, assign or transfer all to
any person or entity at any time during the term of this
Development Agreement. Any such transfer shall be deemed to
include an assignment of all rights, duties and obligations
created by this Development Agreement with respect to all or any
portion of the Site. The assumption of any or all of the
obligations of CRA under this Agreement pursuant to any such
transfer shall relieve CRA, without any act or concurrence by the
City, of its legal duty to perform those obligations except to
the extent that CRA is in default with respect to any and all
obligations at the time of the proposed transfer.
8. General Standards and Restrictions Pertaining tR Development
of the Site. CRA shall have the right to utilize the Site in
accordance with the terms and conditions of this Agreement and
City shall have the right to control use of the Site in
accordance with the provisions of this Agreement.
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9. Effect 21 City Regulations 9A Development 91 Project.
Except as expressly provided in this Development Agreement, all
substantive and procedural requirements and provisions contained
in City's ordinances, specific plans, rules and regulations,
including, but not limited to, the Zoning Ordinance, in effect as
of the Effective Date of this Development Agreement, shall apply
to the use and future development of the Site.
a. The provisions of this paragraph 9 shall not preclude
the application to the development of the Site those
changes in City ordinances, regulations, plans or
specifications which are specifically mandated and
required by changes in state or federal laws or
regulations as provided in California Government Code
§ 65869.5 or any successor provision or
provisions.
b. The payment of fees associated with the construction
of the Project, including land use approvals,
development fees, building permits, etc., shall be
pursuant to those fees in effect and applicable to CRA
at the time application is made for such approvals or
permits.
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C. City may apply any and all new ordinances, rules,
regulations, plans and specifications to the
development of the Site after the Effective Date
provided such new rules and regulations do not
conflict with the terms of this Development
Agreement as of the Effective Date.
d. Nothing herein shall prevent the application of
health and safety regulations (i.e., fire,
building, seismic, plumbing and electric codes)
that become applicable to the City as a whole.
10. permitted Uses. Those uses allowed on the Site shall
include sit-down restaurants with on -premises sale of alcohol
pursuant to conditional use permit and signage including signage
for such restaurant use as is permitted by City's Municipal Code,
and a free standing sign not to exceed seventy (70) feet in
height and six hundred (600) square feet in sign area, including
use by off -premises adjacent property users.
11. Annual Ravi ew. During the term of this Development
Agreement, City shall annually review the extent of good faith
compliance by CRA with the terms of this Development Agreement.
At City's request, CRA shall file an annual report with the City
indicating information regarding compliance with the terms of
this Development Agreement.
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12. Indemnification. CRA agrees to, and shall, hold City and
its elected officials, officers, agents and employees harmless
from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which
may arise from the direct or indirect operations of CRA or those
of its contractor, subcontractor, agent, employee or other person
acting on its behalf which relate to the construction and
operation of the Project. CRA agrees to, and shall, defend City
and its elected officials, officers, agents and employees with
respect to actions for damages caused or alleged to have been
caused by reason of CRA's activities in connection with the
Project. This hold harmless provision applies to all damages and
claims for damage suffered or alleged to have been suffered by
reason of the operations referred to in this Development
Agreement regardless of whether or not the City prepared,
supplied or approved the plans, specifications or other documents
for the Project.
13. Amendments. This Agreement may be amended or canceled, in
whole or in part, only by mutual written consent of the parties
and then in the manner provided for in California Government Code
SS 65868, et seq., or their successor provisions.
14. Enforasmsnt. In the event of a default under the provisions
^* of this Agreement by CRA, City shall give written notice to CRA
(or its successor) by registered or certified mail addressed at
the address stated in this Agreement, and if such violation is
not corrected to the reasonable satisfaction of City within sixty
(60) days after such notice is given, or if not corrected within
such reasonable time as may be required to cure the breach or
default if said breach or default cannot be cured within sixty
(60) days (provided that acts to cure the breach or default must
be commenced within said sixty (60) days and must thereafter be
diligently pursued by CRA), then City may, without further
notice, declare a default under this Agreement and, upon any such
declaration of default, City may bring any action necessary to
specifically enforce the obligations of CRA growing out of the
operation of this Development Agreement, apply to any court,
.state or federal, for injunctive relief against any violation by
CRA of any provision of this Agreement, or apply for such other
relief as may be appropriate.
15. Event 21 Default.CRA is in default under this Agreement
upon the happening of one or more of the following events or
conditions:
a. If a material warranty, representation or statement
is made or furnished by CRA to City and is
false or proved to have been false in any material
respect when it was made;
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b. If a finding and determination is made by City
following an annual review pursuant to 1 11
hereinabove, upon the basis of substantial evidence,
that CRA has not complied in good faith with
any material terms and conditions of this Agreement,
after notice and opportunity to cure as described
in 1 14 hereinabove; or
C. A breach by CRA of any of the provisions or
terms of this Agreement, after notice and opportunity
to cure as provided in paragraph 14 hereinabove.
i6. No Waiver gJ Remedies. City does not waive any claim of
defect is performance by CRA if on periodic review City does not
enforce this Agreement. Nonperformance by CRA shall not be
excused because performance by CRA of the obligations herein
contained would be unprofitable, difficult or expensive or
because of a failure of any third party or entity, other than
City. All other remedies at law or in equity which are not
otherwise provided for in this Agreement are available to the
parties to pursue in the event that there is a breach of this
Development Agreement. No waiver by City of any breach or
default under this Development Agreement shall be deemed to be a
waiver of any other subsequent breach thereof or default
hereunder.
17. Riahts Qf Lenders Under this Agreement. Should CRA place or
cause to be placed any encumbrance or lien on the Project, or any
part thereof, the beneficiary ("Lender") of said encumbrance or
lien shall have the right at any time during the term of this
Agreement and the existence of.said encumbrance or lien to:
a. Do any act
Agreement,
by Lender
CRA;
or thing required of CRA under this
and any such act or thing done or performed
shall be as effective as if done by
b. Realize on the security afforded by the encumbrance or
lien by exercising foreclosure proceedings or power of
sale or other remedy afforded in law or in equity or by
the security document evidencing the encumbrance or
lien (hereinafter referred to as "a trust deed");
C. Transfer, convey or assign the title of CRA to
the Project to any purchaser at any foreclosure sale,
whether the foreclosure sale be conducted pursuant to
court order or pursuant to a power of sale contained
in a trust deed; and
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d. Acquire and succeed to the interest of CRA by
virtue of any foreclosure sale, whether the fore-
closure sale be conducted pursuant to a court order
or pursuant to a power of sale contained in a trust
deed.
is. Notice 112 Lender. City shall give written notice of any
default or breach under this Agreement by CRA to Lender (if known
by City) and afford Lender the opportunity after service of the
notice to:
a. Cure the breach or default within sixty (60) days
after service of said notice, where the default can
be cured by the payment of money;
b. Cure the breach or default within sixty (60) days
after service of said notice where the breach or
default can be cured by something other than the
payment of money and can be cured within that
time; or
C. Cure the breach or default in such reasonable time
as may be required where something other than
payment of money is required to cure the breach
o.r default and cannot be performed within sixty (60)
+, days after said notice, provided that acts
to cure the breach or.default are commenced within
a sixty (60) day period after service of said
notice of default on Lender by City and are
thereafter diligently continued by Lender.
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19. Action Dy Linder. Notwithstanding any other provision of
this Agreement, a Lender may forestall any action by City for a
breach or default under the terms of this Agreement by CRA by
commencing proceedings to foreclose its encumbrance or lien on
the Project. The proceedings so commenced may be for foreclosure
of the encumbrance by order of court or for foreclosure of the
encumbrance under a power of sale contained in the instrument
creating the encumbrance or lien. The proceedings shall not,
however, forestall any such action by the City for the default or
breach by CRA unless:`
a. They are commenced within sixty (60) days after
service on CRA of the notice described herein-
above;
b. They are, after having been commenced, diligently
pursued in the manner required by law to completion;
and
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C. Lender keeps and performs all of the terms,
covenants and conditions of this Agreement requiring
the payment or expenditure of money by CRA
until the foreclosure proceedings are complete or
are discharged by redemption, satisfaction or
payment.
20. Notion. Any notice required to be given by the terms of
this Agreement shall be provided by certified mail, return
receipt requested, at the address of the respective parties as
specified below or at any other such address as may be later
specified by the parties hereto:
To CRA: Irwindale Community Redevelopment Agency
5050 North Irwindale Avenue
Irwindale, California 91706
Attention: Executive Director
To City: City of Irwindale
5050 North Irwindale Avenue
Irwindale, California 91706
Attention: City Manager
21. Attornovs' roes. In any proceedings arising from the
enforcement of this Development Agreement or because of an
alleged breach or default hereunder, the prevailing party shall
be entitled to recover its costs and reasonable attorneys' fees
incurred during the proceeding as may be fixed within the
discretion of the court.
22. Binding Effect. This Agreement shall bind, and the benefits
and burdens hereof shall inure to, the respective parties hereto
and their legal representatives, executors, administrators,
successors and assigns, wherever the context requires or admits.
23. ,Applicable iii. This Agreement shall be construed in
accordance with and governed by the laws of the State of
California.
24. Partial Invaliditv. If any provisions of this Agreement
shall be deemed to be invalid, illegal or unenforceable, the
validity, legality or enforceability of the remaining provisions
hereof shall not in any way be affected or impaired thereby.
25. Recordation. CRA shall cause this Agreement to be recorded
in the Official Records of the County Recorder of the County of
Los Angeles within ten (10) business days following the Effective
Date.
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IN WITNESS WHEREOF, this Agreement has been executed by
the parties and shall be effective on the Effective Date set
forth hereinabove.
Dated:
ATTEST:
Dated:
ATTEST:
STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES
CITY OF IRWINDALE,
a municipal corporation
By
Robert Diaz, Mayor
David A. Caretto, City Clerk
City of Irwindale
IRWINDALE COMMUNITY REDEVELOPMENT
AGENCY, a California redevelopment
agency
By
Robert Diaz, Chairman
David A. Caretto, Secretary
On , 1994, before me,
personally appeared Robert Diaz and David A.
Caretto, personally known to me or proved to me on the basis of
satisfactory evidence 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 in and for said State
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STATE OF )
ss.
COUNTY OF )
On , 1994, before me, the undersigned, a
Notary Public in and for said County and State, personally
appeared ROBERT DIAZ and DAVID A. CARETTO, proved to me on the
basis of satisfactory evidence to be the persons who executed
this instrument on behalf of the IRWINDALE COMMUNITY
REDEVELOPMENT AGENCY.
Notary Public in and for said State
M1021%DEVArMI 6.7.A 10