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HomeMy WebLinkAboutDecember 21, 1999,,
• ~;_._
=~ A N N 0 T A T E D
~:
A G E N D A
Arcadia City Council
and
Redevelopment Agency
Meeting
December 21, 1999
6:00 p.m.
Council Chamber Conference Room
JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY STUDY SESSION ACTION
ROLL CALL: Council/A~ency Members Harbicht, Kovacic Marshal~, Roncelli an~d C~ha~ndl~f All pre;,ent
Moved, second, carrie 5-d to add Closed Session this date ollowing t e tu y essi-an-r~
need to execute two documents by December 31 regarding potential litigation, Govt. Cd. 54956.9c
TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY ~nUNCIL
(NON-PUBLIC HEARING/FIVE MINUTE TIME LIMIT PER PERSON) RE: 6:00 P.M. SESSION
vo one spoke
Discussion and direction regarding the Five-Year Implementation Plan (1599-2004)
for the Central Redevelopment Project Area. ' nc 6:45 p. m. Council
RECESSED to Closed Session
RECONVENED at 7:00 p.m. in
7:00'p:lll. Council Chambers
Council Chambers
INVOCATION Reverend Gerry Wilson, Arcadia Friendc Community Chur.ch
PLEDGE OF ALLEGIANCE ,Tames Dale, Director of Administrative Services
ROLL CALL: Council Members Harbicht, Kovacic, Marshall, Roncelli and Chandler all presenc
1. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None
MOTION: Read all Ordinances and Resolutions by title only and waive
reading in full.
2. PRESENTATION of financial contribution to the City by the COPS (Citizen's
Organized for a Police Station) Committee and acceptance of said donation by
the City Council.
Adopted 5-0
Vince Foley
3. PUBLIC HEARING
Recommendation to utilize Local Law Enforcement Block Grant Funds in Pub. Hrg. Cloeed
Approved 5-0"
the amount of $43.738.00 for the Police Department.
4. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS Jim Goldstein
THE"CITY COUNCIL (NON-PUBLIC HEARINGIFIVE MINUTE TIME LIMIT PER' winston Sesocke
PERSON) iherty
y
Mar
Bal
Carol Libby
~ Dr. M. Mulvehill
ForrestBesocke
Robert Elfman
,
Roger Chandler, Msyor • Robert C. Harbiehq Mayor Protempore • Gary A Kovaeie, Gail A. Marahall, Gino Roncelli, Council Membars .
e Wllllam R. Kelly, City Manager ,
' . June D. AlfOrd. Citv Clerk ~
„;'~'-, ~ :
5. MATTERS FROM ELECTED OFFICIALS
City Council Reports/Announcements/Statements/Future Agenda items
RECESS CITY COUNCIL
6. MEETING OF THE ARCADIA REDEVELOPMENT AGENCY
ROLL CALL: Agency Members Harbicht, Kovacic, Marshall, Roncelli and Chandler
PUBLIC HEARING
ACTION
See Minutes
All present
Pub. Hr Closed
Recommendation to adopt ARA Resolution No. 183, A Resolution of the nao ce~~4-i
Arcadia Redevelopment Agency and City Council of the City of Arcadia. Ronce opposed
California, approving the adoption of the Five-Year Implementation Plan
(1999-2004) for the'Central Redevelopment Project Area.
CONSENT
a. Minutes of the November 30 joint A.R.A./City Council and School Board nppro~ed 5-0
meeting and minutes of the December 7, 1999 regular meeting.
b. Recommendation to approve an amended and restated Disposition and Approved S-0
Development Agreement to transfer development rights to Gary Morris, Esq.,
LLP, for construction of two 19,600 square foot office buildings at the
northcueet corner of east Santa Clara and north Second.
east
ADJOURN the Redevelopment Agency to January 4, 2000 at 6:00 p.m.
RECONVENE CITY COUNCIL
7. CONSENT
a. Minutes of the November 30 joint A.R.A./City Council and School [3oard ~grov~s-D
meeting and minutes of the December 7, 1999 special and regular meetings.
b. Recommendation to approve the 1998-99 Redevelopment Agency Annual npprovea 5-0
Report to the State Controller and the State Housing and Community
Development Department.
c. Recommendation to authorize the City Manager to enter into a Professional~p~„p,~ 5_p
Services Agreement in the amount of $16,500.00 with Paul Tzanetopoulos
for public art on the rail bridge at Huntington Drive and Second Avenue.
2
;; ~. ::-
., -_,• .._. _ .. ~ ~ ACTION
8. CITY MANAGER
a. Report, discussion and direction regarding the construction and financing Dire~tion co
,.~ of the new police facility. scaff 3-z
Roncelli &
9. CITY ATTORNEY Marshall opposed
a. Recommendation to adopt Resolution No. 6151, A Resolution of the City Adont~d ~_2
Council of the City of Arcadia, California, certifying the final environmental xovacic &;
impact report prepared for the proposed Anoakia residentiai development Marshali opposea
project as adequate for C.U.P. 99-004 and vesting tentative map 52745,
adopting environmental findings pursuant to the statement of overriding
considerations and a mitigation monitoring and reporting program.
Recommendation to adopt Resolution No. 6152, A Resolution of the City aao ce~d 3=z
of the City Council of the City of Arcadia, California, approving conditional xovacic &
use permit 99-004 for the proposed Anoakia residential development Marshall opposec
project Iocated at 701 W. Foothill Blvd
Recommendation to adopt Resolution No. 6153, A Resolution of the City Adopted 3-2
Council of the City of Arcadia, California, approving vesting tentative map xo~acic.s
52745 for the proposed Anoakia residential development project located Marshall oppose~
at 701 W. Foothill Blvd.
ADJOURN CITY COUNCIL to January 4, 2000 at 6:00 p.m.
ADJOURNED at 9:45 p.m.
3
, , ° a g „-e,-q,
•Ja . t", 5 1 ( '
\#yQ9
,Rpo so ,4 STAFF REPORT
December 21, 1999 . DEVELOPMENT SERVICES DEPARTMENT
TO: Mayor and City Council
FROM: Don Penman, Deputy City Manager/Development Services Director
Prepared by: Donna Butler, Community Development Administrat
SUBJECT:. ADOPTION OF RESOLUTIONS 6151, 6152 AND 6153
CERTIFYING THE FINAL EIR AND APPROVING
CONDITIONAL USE PERMIT 99-004 AND VESTING
TENTATIVE MAP 52745 FOR THE ANOAKIA PROJECT
SUMMARY
The City Council at its December 7, 1999 meeting directed staff to prepare resolutions
certifying the Final EIR, approving Conditional use Permit 99-004 and Vesting Tentative
Map 52745 for the 31 lot residential planned development at . 701 West Foothill
Boulevard.
Attached are City Council Resolutions 6151, 6152 and 6153 as follows:
RESOLUTION 6151, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARCADIA CERTIFYING THE
FINAL ENVIRONMENTAL IMPACT REPORT PREPARED
FOR THE PROPOSED ANOAKIA RESIDENTIAL
• DEVELOPMENT PROJECT AS ADEQUATE FOR C.U.P. 99-
004 AND VESTING TENTATIVE MAP 52745, ADOPTING
ENVIRONMENTAL FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, A
STATEMENT OF OVERRIDING CONSIDERATIONS AND A •
MITIGATION MONITORING AND REPORTING PROGRAM
RESOLUTION 6152, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARCADIA, APPROVING
CONDITIONAL USE PERMIT 99-004 FOR THE PROPOSED
ANOAKIA RESIDENTIAL DEVELOPMENT PROJECT
LOCATED AT 701 WEST FOOTHILL BOULEVARD
•
LASER IMAED 1.
I
RESOLUTION 6153, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARCADIA APPROVING
VESTING TENTATIVE MAP 52745 FOR THE PROPOSED
ANOAKIA RESIDENTIAL DEVELOPMENT PROJECT
LOCATED AT 701 WEST FOOTHILL BOULEVARD.
ACTION
The City Council should move to adopt Resolutions 6151, 6152 and 6153 as
attached.
Attachment: Resolutions 6151, 6152 and 6153
APPROVED BY:
William R. Kelly, City Manager
Page 2
r D GAO -U/
.) ��
Memorandum
arcadia redevelopment agency
DATE: December 21, 1999
TO: Arcadia Redevelopment Agency
FROM: Don Penman, Assistant City Manager/Development Services Director
rBy: Pete Kinnahan, Economic Development Administrator
RE: Report and Recommendation to approve an Amended and Restated
Disposition and Development Agreement to transfer Development Rights
a Joint Venture Composed of Gary Morris, Esq., LLP, and the Los
Angeles District Advisory Board (Church of the Nazarene) for construction
of two 19,600 square foot office buildings at the northeast corner of east
Santa Clara and north Second
Summary
The applicant, a Joint Venture composed of Gary Morris, Esq., LLP, and the Los
Angeles District Advisory Board (LADAB) (Church of the Nazarene), proposes to
acquire the 1.7-acre property at the northeast corner of east Santa Clara and north
Second from Western Security Bank (WSB). (See Site Map, Attachment 1)
The property is subject to the original 1987 Disposition and Development Agreement
(DDA) requiring the construction of at least 36,000 square feet of professional office.
The attached draft Amendment and Assignment Agreement (Attachment 2) transfers
the development rights and obligations from WSB to Gary Morris/LADAB for this parcel.
The Joint Venture proposes to construct two three-story 19,600 square foot office
buildings over one subterranean parking deck on the site, or alternatively an above
ground three-story parking garage between two office buildings (subject to future
Agency Design Review).
Staff recommends approval of the Amended and Restated DDA (Attachment 2).
Background
In 1987, the Agency entered into a Disposition and Development Agreement (DDA) with
Emkay Development Company for two new hotels, a new restaurant, and two new office'
buildings for the 12-acre Northside Project. Emkay built the 132-room Hampton Inn, the
120-room Residence Inn, and Souplantation, but was unable to develop the office
buildings on the former Kiewit properties on Santa Clara because of the Agency's
LASER D
,mom 00 ,
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1 for
Arcadia Redevelopment Agency
December 21, 1999
Page 2
discovery of hazardous waste on the eastern parcel (Parcel E). In 1989, with Agency's
approval, Emkay sold the Western parcel (Parcel D) to Chandler Development
Company for the construction of 36,000 square feet of professional office. Chandler in
1990 obtained a 22-parking space modification from the City Council for two three-story
22,000 square foot office buildings over one deck of subterranean parking. Chandler
subsequently formed a new entity, Chandler/ ASL Associates and in 1991, the Agency
approved the assignment of the development rights to this partnership. Chandler
obtained city building permits and paid the Agency $30,000 to extend its development
schedule. Unfortunately, due to the national recession, Chandler declared bankruptcy
and WSB, Chandler's lender, took title to Parcel D.
Over the intervening years Agency staff and WSB worked jointly to develop the
property. In 1993-94, Costco proposed to construct a 144,000 square-foot warehouse
store on a 12-acre site north of Santa Anita which included the WSB parcel. After this
project was withdrawn, there was occasional interest in Parcel D from senior housing
developers and self-storage users. The Agency and City Council in early 1998
considered a request by the Johnson Brothers and WSB for a self-storage facility on
their respective properties. The Agency determined to wait for at least a year to see if
office users would be interested in the sites.
Discussion
The draft Amended and Restated DDA (Attachment 2), prepared by Agency Special
Counsel Kevin Randolph, has been forwarded to WSB, Mr. Morris, and LADAB for
execution. The Agreement essentially transfers the development rights, and obligations
from WSB as successor in interest to Emkay Development Company, Chandler
Investment Group, and Chandler/ASL Associates to a joint venture comprised of Mr.
Morris and LADAB. The joint venture is to design and construct at least 36,000 square
feet of professional office by September 15, 2001.
Mr. Morris is currently Senior Partner of the Pasadena,law firm, Hart, Mieras, Morris and
Peale, LLP. He intends to move their offices into one of the new buildings. The LADAB
is the governing board of the Church of the Nazarene. They intend to use the second
office building for office and classroom use.
The Church is a joint venture partner in the development entity taking title to the
property and, as one of the co-owners of the site, will be subject to the terms of the
DDA. The Church, if carrying out its religious functions, is exempt from County property
taxes. (Note—if a church or other non-profit entity leases its property for a commercial
office use, the property is not exempt from secured or unsecured property taxes.) The -
Agency has historically not permitted the sale of property previously owned by the
Agency to a tax exempt entity, because the annual payment of property taxes by the
new owner repays the Agency's previous costs of acquiring the site, relocating the
•
-
Arcadia Redevelopment Agency
December 21, 1999
Page 3
tenants, and clearing the property. The tax increment received represents a return of
the Agency's investment.
Mr. Morris and the LADAB have, however, requested a waiver of this provision in the
DDA. Because of the length of time it has taken to develop this property, and the
significant economic and aesthetic benefit to the City and downtown project area from
this proposed 40,000 sq. ft. office development, Agency staff have tentatively agreed,
subject to Agency Board approval, to forego receipt of up to one-half of the property
taxes from the development. This is contingent upon an annual determination by L.A.
County that the Church use is in fact tax exempt. If the use is subject to property taxes,
the Agency will receive the tax increment through the County. If the County determines
that more than one half of the value of the property is exempt from payment of property
tax, the joint venture shall be required to pay the Agency the difference to one half.
Example —Assumptions
Land Value $1,000,000
Building Value $5,000,000
Total $6,000,000 x 1% = $60,000 annually
A. L.A. County determines half of project is tax exempt
Payment to Agency $30,000
B. L.A. County determines that none of the project is tax exempt
Payment to Agency $60,000
C. L.A. County determines that 25% of the project is tax exempt
Payment to Agency - $45,000
D. L.A. County determines that 75% of the project is tax exempt
Payment to Agency - $30,000
This payment under Scenario D would partially come to the Agency from the
County ($15,000) and from the developer owner ($15,000). The DDA also
prohibits the joint venture from selling their interest to a totally tax exempt future
owner.
The Agency previously approved the Design Review of this project. However, in order
to accommodate the Church School use which requires more intense parking, the joint
venture may submit an alternative building plan which places a three-story parking
structure between the two office buildings. This would be subject to future Agency
Design Review. Also, the school use requires a C.U.P.
•
Arcadia Redevelopment Agency
December 21, 1999
Page 4
Mr. Morris, Mr. Don Hughes of LADAB, and Mr. John Bell, Western Security Bank, will
be present at the meeting to respond to questions.
Environmental Findings
The Emkay project including this site was the subject of an Environmental Impact
Report (EIR) prepared by Atlantis Scientific dated September 1987. The EIR was
certified by the Agency on November 17, 1987.
Fiscal Impact
There will be an estimated cost of$2,500 for legal and related services. The Agency
will receive an estimated $50,000-$60,000 from this project annually in tax increment,
assuming no tax exempt use, and as much as one half of this amount if the County
determines some of the use is tax exempt. The City will receive nominal annual
Business License revenues.
Recommendation:
It is recommended that the Redevelopment Agency approve the Amended and
Restated Disposition and Development Agreement (Attachment 2), subject to
minor revisions by the Agency Attorney as to form, and authorize the Executive
Director to execute and implement the Agreement.
On km
Approved
d Ba ,U ) .
_ `l 0U
--11110, 1
fd\-7Lee_ 99 2384799
alA -
RECORDED/FILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
DEC 29 1999
ATBAM.
SPACE ABOVE THIS LINE RESERVED FOR RECORDER S USE
TITLE(S)
FEE N/A N/A 0 20 • 9_ 19 04 19
CODE
REC. NO. NO PCOR D.A. SURVEY NOTIF. INVOL NON
FEE PAGES TITLES FEE MON. LIEN CONF.
•
EXAMINER S INT.
MAR 0 9 2000
Economic;D3iioICF,M }:;co
Assessor s Identification Number(AIN)
To Be Completed By Examiner Or Title Company In Black Ink Number of Parcels Shown
•
•
Revision Number
Y
99 2384799
RECORD G REQUESTED BY
WHEN RECORDED MAIL TO:
The Arcadia Redevelopment Agency
P.O. Box 60021
Arcadia, CA 91066-6021 � 5 FF A•
Attention: Executive Director
D.A.FEE Code 20 ak'
(Fee Exempt-Govt.Code$61031
(Space above for Recorder's Use)
- AMENDED AND RESTATED
40.
DISPOSITION AND DEVELOPMENT AGREEMENT
among
THE ARCADIA REDEVELOPMENT AGENCY
a California public agency,
1
WESTERN SECURITY BANK Q E C 17
a national banking association, MAR 0 9 2000
©cM:4;1110 t EeTJ C 3
EccS:S3ilic Dc 3PG a"e 3
GARY MORRIS
a California limited liability company
and
THE LOS ANGELES DISTRICT ADVISORY BOARD
(CHURCH OF THE NAZARENE)
a California non-profit corporation
[Dated as of December 21, 1999 for reference purposes only]
RVPUBIKKR1544688
ff/ c_3%/7 .
{ 1
TABLE OF CONTENTS
Page
1. PARTIES AND EFFECTIVE DATE 1
1.1 Parties to Agreement 1
1.1.1 The Agency 1
1.1.2 The Successor 1
1.1.3 The Assignee 1
1.1.4 Binding on Permitted Successors and Assigns 2
1.2 Effective Date. 3
2. RECITALS ABOUT THE PLAN AND PROJECT 3
2.1 The Redevelopment Plan and Project Area. 3
2.2 Purpose of this Agreement 4
2.3 Prior DDA 4
2.4 Prior Conveyance by Agency to Developer and Subsequent
Mesne Conveyances. 4
2.5 Developer's Prior Development Obligations and Legal Description
of Property. 5
• 3. SPECIAL TERMS • 5
3.1 Effect of DDA with Respect to the Site and the Property 5
3.2 Scope of Development and Development of Property. 5
3.3 Schedule of Performance. 5
3.4 Amount of Insurance 6
3.5 Agreement Length and Exhibits. 6
4. STANDARD TERMS 6
4.1 Taxes and Assessments. 6
4.2 Soils Condition of the Property 6
4.3 Design and Development Standards 7
4.4 Preparation of Construction Drawings and Related Documents 7
4.5 Agency Approval of Plans, Drawings and Related Documents 7
4.6 Cost of Construction 8
4.7 Construction and Development Schedule of Performance 8
4.8 Indemnity and Insurance 8
4.9 Governmental Permits and Compliance With Laws 9
4.10 No Discrimination 10
4.10.1 In deeds 10
4.10.2 In leases 11
4.10.3 In contracts 11
4.11 Rights of Access 11
4.12 Affirmation of Agency's Power of Termination and Amendment Thereto 12
4.12.1 Continuance of Existing Power of Termination 12
4.12.2 Property 12
99 2384799
RVPUB\KKR\544688 -1-
1
4.12.3 Agency Review of Property Grant Deed 15
4.12.4 Mortgagee Protection 15
4.12.6 Procedure for Documenting Revesting; Waivers 15
4.12.7 Stipulation and Contingent Creation of New Power of Termination 17
4.13 Prohibition Against Transfer 17
4.14 Permitted Encumbrances 18
4.15 Certificate of Completion 19
4.16 Covenants Running With the Land 20
4.16.1 Use Covenant 20
4.16.2 No Conveyance to Tax Exempt Entity 20
4.16.3 No Property Tax Contest. 21
4.16.4 Operation Covenant. 22
4.17 General Damages and Other Remedies 22
4.18 Notices and Demands 23
4.19 Nonliability of Agency Officials and Employees 23
4.20 Time Deadlines Critical; Extensions and Delays;No Excuse Due
to Economic Changes 24
4.21 Attorney's Fees 24
4.22 Real Estate Commissions 24
4.23 Submission of Documents and Other Actions for Approval. 25
4.24 Amendments to This Agreement 25
4.25 Jurisdiction and Venue. 25
4.26 Interpretation. 26
4.27 Counterpart Originals; Integration. 26
4.28 No Waiver 26
4.29 No Unintended Third Party Beneficiaries 26
EXHIBIT 1-A Legal Description of Property
EXHIBIT 1-B Map of Property
EXHIBIT 2 Scope of Development
EXHIBIT 3 Schedule of Performance
EXHIBIT 4 . Soils Condition Warranty
RVPUBRKKR\544688 -11- 99 2384799
5
1. PARTIES AND EFFECTIVE DATE
1.1 Parties to Agreement
1.1.1 . The Agency. The Agency is a public body, corporate and politic,
exercising governmental functions and powers and organized and existing under the Community
Redevelopment Law of the State of California. The address of the Agency is P.O. Box 60021,
Arcadia, CA 91066-6021; telephone number (818) 574-5408; facsimile number (818) 447-3309.
As used in this Agreement,"Agency"means The Arcadia Redevelopment Agency and
any assignee of or successor to its rights, powers and responsibilities.
1.1.2 The Successor. The Successor is Western Security Bank, a national
banking association. The address of the Successor for purposes of this Agreement is: 4100 W.
Alameda Ave.,Burbank,CA 91505;telephone number(818)843-0707;facsimile number(818)843-
8576.
The Successor represents and warrants to Agency that:
(i) it is duly formed, organized, existing and qualified to do business
in California,
(ii) the individual(s) executing this Agreement is/are authorized to
execute this Agreement on behalf of the Successor, and
(iii) the Successor has taken all actions required by law to approve the
execution of this Agreement.
1.1.3 The Assignee. The Assignee is a joint venture consisting of: (i) Gary
Morris("Morris"), a California limited liability company, and(ii)The Los Angeles District Advisory
Board (Church of the Nazarene) ("Church"), a California non-profit corporation. The obligations
and rights of the Assignee hereunder are the joint and several obligations and rights of Morris and
Church. The address of the Morris for purposes of this Agreement is: 135 No.Los Robles,Pasadena,
CA 91101;telephone number(626)577-6363;facsimile number(626)517-9612. The address ofthe
Church for purposes of this Agreement is: 1546 East Washington Boulevard, Pasadena, California,
RVPUMKKR\544688 -1- 99 234799
eo
91104;telephone number(626)794-7104;facsimile number(626)798-3309. Notices given to either
Morris or Church shall be sufficient for notices required or allowed to be given to Assignee.
Morris represents and warrants to the Agency:
(i) it is a duly formed limited liability company,organized,existing and
in good standing under the laws of the State of California, and
qualified to do business in California
(ii) the individual(s) executing this Agreement is/are authorized to
execute this Agreement on behalf of the Assignee, and
(iii) the Assignee has taken all actions required by law to approve the
execution of this Agreement.
Church represents and warrants to the Agency:
(i) it is a duly formed non-profit corporation, organized, existing and
in good standing under the laws of the State of California, and
qualified to do business in California
(ii) the individual(s) executing this Agreement is/are authorized to
execute this Agreement on behalf of the Church, and
(iii) the Church has taken all actions required by law to approve the
execution of this Agreement.
1.1.4 Binding on Permitted Successors and Assigns. All of the terms,
covenants and conditions of this Agreement shall, as made applicable by the specific terms hereof,
be binding on and shall inure to the benefit of the Assignee and its permitted nominees, successors
and assigns. Wherever the term "Assignee" is used herein, such term shall include any permitted
nominee, assignee or successor of the Assignee.
The qualifications and identity of the Assignee and its partners are of particular
concern to the Agency, and it is because of such qualifications and identity that the Agency has
entered into this Agreement with the Assignee. No voluntary or involuntary successor-in-interest of
the Assignee or its partners shall acquire any rights or powers under this Agreement except as
expressly set forth herein. The Assignee may not assign or transfer all or any part of its rights and
obligations under this Agreement, or all or any part of the Property(hereinafter defined),without the
prior written approval of the Agency, which may be given or withheld as provided in Section 4.13.
RVPUB,x ,544688 -2- 99 2384 799
I '
1.2 Effective Date. This Agreement will not become effective until the date ("Effective
Date") on which both of the following are true: (i) this Agreement has been approved by the
Agency's governing board; and(ii)this Agreement has been executed by the appropriate authorities
of the Agency, the Successor, and the Assignee; provided, however,that if Assignee fails to acquire
fee title to the Property by December 31, 1999, for any reason whatsoever (other than an uncured
material default of the Agency), and without regard to the fault or lack thereof of the Assignee or the
Successor,then any party to this Agreement may terminate this Agreement without cost, expense or
liability. Anything to the contrary in this Agreement notwithstanding, including, without implied
limitation, Sections 2.7 and 3.1 hereof, upon such termination, the DDA(hereinafter defined) shall
once again become effective as to the Property and all terms, provisions, and covenants of the DDA
shall once again apply to the Property as if this Agreement had never become effective.
This Agreement shall be executed by the appropriate authorities of the Successor and
the Assignee prior to its presentation to the Agency's governing board for consideration and possible
approval. 'If the Agency's governing board approves this Agreement, it shall be executed by the
Agency's designated authority within one (1) day following such approval and shall thereafter be
recorded in the official records of Los Angeles County.
If the Agency's governing board does not approve this Agreement on or before
December 21, 1999, or, if it approves this Agreement by said date but thereafter fails to execute this
Agreement on or before the one (1) day period set forth above, then either the Successor or the
Assignee may advise the Agency in writing that they are voiding their execution of this Agreement
and, upon such notice, this Agreement may not thereafter become effective.
2. RECITALS ABOUT THE PLAN AND PROJECT
2.1 The Redevelopment Plan and Project Area. The City Council of the City of
Arcadia ("City") has approved and adopted a Redevelopment Plan ("Redevelopment Plan") for a
redevelopment project known as the Central Redevelopment Project Area ("Project Area") by its
adoption of Ordinance No. 1490, as last amended on June 4, 1999.
This Agreement is subject to the provisions of the Redevelopment Plan as it now exists and
as it may be subsequently amended. The Redevelopment Plan is hereby incorporated by this
reference.
RVPUBWICR\544688 -3- 99 2384799
The Project Area is located in the City of Arcadia, California; its boundaries are specifically
described in the Redevelopment Plan.
2.2 Purpose of this Agreement. This Agreement implements the Redevelopment Plan
for the Project Area by providing for the development of the Property (hereinafter defined) by the
construction of two (2)three-story professional office buildings of not less than 19,000 square feet
each, over a subterranean parking deck, or (at Assignee's option and with the Agency's approval)
with a three (3) story parking deck between the office buildings, as defined in, and in accordance
with, the Scope of Development (Exhibit 2).
The development of the Property pursuant to this Agreement is in the best interests ofthe City
and Agency and the health, safety,. morals and welfare of its taxpayers and residents and is in
accordance with public purposes set forth in federal, state and local law and regulation.
Implementation of this Agreement will further the goals and objectives of the Redevelopment Plan
and the City's General Plan by strengthening the City's land use and social structure and by alleviating
economic and physical blight within the Project Area.
2.3 Prior DDA. The Agency and EMKAY Development, Inc.("Developer") are parties
to that certain agreement entitled"Disposition and Development Agreement"("Original DDA")dated
November 17, 1987,recorded as Instrument No. 87-1913901. The Original DDA has been amended
subsequent to its adoption, and the Developer's rights and obligations under the DDA as to certain
portions of the Site have been assigned by contract or operation of law to various successor entities,
including the Successor. As used in this Agreement, the term"DDA" means the Original DDA, as
amended prior to the Effective Date of this Agreement.
2.4 Prior Conveyance by Agency to Developer and Subsequent Mesne Conveyances.
Pursuant to the Original DDA, the Agency conveyed certain parcels of real property(defined in the
Original DDA as the "Site") to the Developer. The Site consisted of several subparcels, identified
in the Original DDA as "Parcels 1 through 3" and "Parcels D and E." The Successor acquired
Parcel D from one of the Developer's successors in interest at a trustee's sale following all legally
required procedures.
RVPUB\KKR\544688 -4-
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2.5 Developer's Prior Development Obligations and Legal Description of Property.
Pursuant to the DDA, the Developer was required to develop the Site as a mixed use commercial
complex ("Development") consisting of hotel, office and restaurant uses, all as more particularly
described in the DDA and its attachments. Although the Developer constructed part of the
Development as required by the DDA,the Developer has not satisfied its obligations under the DDA
with respect to the development of Parcel D, i.e., the construction of not less than a 36,000 square
foot office building. Parcel D shall hereinafter be referred to in this Agreement as the "Property."
A legal description of the Property is attached as Exhibit 1-A and a map of the Property is attached
as Exhibit 1-B.
3. SPECIAL TERMS
3.1 Effect of DDA with Respect to the Site and the Property. From and after the
Effective Date of this Agreement, the Agency's, Successor's, and Assignee's rights and obligations
with respect to the Property will no longer be controlled by the DDA, but rather by the terms of this
Agreement and the provisions of that certain agreement entitled"Soils Condition Warranty,"which
is attached hereto as Exhibit 4 and which was attached as an Attachment to the Original DDA. By
such attachment to this Agreement, however, the parties do not intend to modify in any way
whatsoever their liabilities, obligations and rights,if any,under said Soils Condition Warranty,except
to extend the Soils Condition Warranty to the Assignee as to the Property. All covenants running
with the Property as set forth in the DDA shall be released as of the Effective Date of this Agreement
and replaced with those covenants set forth herein.
3.2 Scope of Development and Development of Property. The Property shall be
developed by the Assignee as described in Section 2.2("Assignee Project"),in accordance with those
plans and specifications submitted to the City of Arcadia and Agency, on file therein, and identified
in the Scope of Development.
3.3 Schedule of Performance. The Agency and Assignee shall perform their respective
obligations in accordance with the Schedule of Performance attached as Exhibit 3. Deadlines for
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1
performance as set forth in the Schedule of Performance may be extended from time-to-time in the
reasonable discretion of the Agency's Executive Director without the need for the Agency's
governing board's authorization; provided, however, that, such extensions of time may not exceed
four(4) months in the aggregate.
3.4 Amount of Insurance. The limits of liability required in the insurance policies in
Section 4.8 are the following:
3.4.1 $2,000,000 for any person; and
3.4.2 $3,000,000 for any occurrence; and
3.4.3 $1,000,000 for any property damage.
3.5 Agreement Length and Exhibits. This Agreement consists of pages 1 through 31,
inclusive, and Exhibits 1 through 4 attached hereto and incorporated by this reference, which
constitute the entire understanding and agreement of the parties.
4. STANDARD TERMS
4.1 Taxes and Assessments. Any assessments and ad valorem taxes on the Property
levied, assessed or imposed for any period prior to the conveyance of title of the Property to the
Assignee shall be paid by the Successor. The Successor shall timely pay all such taxes and
assessments levied against the Property prior to the conveyance of title to the Assignee.
All assessments, ad valorem taxes, possessory interest taxes and personal property
taxes levied or imposed upon the Property for any period following conveyance of the Property to
the Assignee shall be paid by the Assignee. The Assignee shall timely pay all taxes and assessments
levied against the Property subsequent to the conveyance of title to the Assignee.
4.2 Soils Condition of the Property. Subject to the terms of the Soils Condition
Warranty described in Section 3.1, which the Agency, Assignee and Successor agree applies solely
to the presence of toxic or hazardous waste and not to the presence or absence of geotechnical
conditions, including, but not limited to, soil components, density or compaction unless such
geotechnical conditions are proximately related to the presence of toxic or hazardous waste or
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materials, if the Assignee determines that the soils condition of the Property is not in all respects
entirely suitable for the use or uses to which the Property will be put, then, as between the Assignee
and the Agency, it shall be the sole responsibility and obligation of the Assignee at its expense to take
such action,as may be necessary to place the soils condition of the Property in a condition suitable
for the development of the Property in accordance with this Agreement.
4.3 Design and Development Standards. The Assignee shall develop the Property as
provided in the Scope of Development, this Agreement, and plans and specifications to be provided
by the Assignee and approved by the Agency and the City pursuant to this Agreement.
4.4 Preparation of Construction Drawings and Related Documents. The Assignee
shall prepare construction and final drawings and related documents for the development of the
Assignee Project on the Property and shall submit such drawings and related documents to the City
and Agency for review and written approval within the times provided therefor in the Schedule of
Performance. Final drawings,plans, and specifications are hereby defined as writings and renderings
in sufficient detail to obtain a building permit.
Agency staff and the Assignee shall hold regular progress meetings to coordinate the
preparation and submission to the City of construction plans and related documents. Agency staff
and the Assignee shall communicate and consult informally as frequently as is necessary to assure that
the formal submittal of any documents to the City receive prompt consideration.
4.5 Agency Approval of Plans,Drawings and Related Documents. The Agency shall
have the right of reasonable review and approval of all plans,drawings and related documents for the
development of the Property, including any proposed changes thereto. The Agency may not
disapprove refinements which are logical evolutions of previously approved plans. The Agency shall
approve or disapprove such plans, drawings, and related documents and any proposed changes
thereto within thirty(30)days following initial submission and within fourteen(14)days for revisions
thereto. Any disapproval shall state in writing the reasons for disapproval and the changes which the
Agency requests be made. The Assignee, upon receipt of a disapproval, shall, within fourteen(14)
days from receipt of notice of disapproval, either (i) revise such plans, drawings and related
documents and resubmit them to the Agency or (ii) advise the Agency in writing that the Assignee
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wishes to confer with the Agency concerning such disapproval. The Agency shall use reasonable
good faith efforts to expedite the City's processing and review of the Assignee's plans, in a manner
consistent with statute, the City's Municipal Code and this Agreement.
The Agency will use reasonable efforts, at no material expense to the Agency, to cause the
City of Arcadia to plant and maintain attractive landscaping to shield (to a reasonable degree) the
municipal water tanks on the City-owned property adjacent to the Assignee Project.
4.6 Cost of Construction. The cost of developing the Assignee Project on the Property,
•
and constructing all required on-and off-site improvements and providing all utilities therefor, shall
be borne by the Assignee at its sole cost, expense, and liability; provided, however, that the Agency
will use its reasonable efforts, at no material expense to the Agency, to cause the City of Arcadia to
waive part or all of its plan check and/or building permit fees related to the Assignee Project.
4.7 Construction and Development Schedule of Performance. The Assignee shall
begin and thereafter complete the construction of the Assignee Project on the Property in accordance
with the Scope of Development. The Assignee shall begin and complete all construction and
development within the times specified in the Schedule of Performance, subject to such reasonable
extensions as may be granted by the Agency's Executive Director in accordance with Section 3.3 and
to Enforced Delays (as provided in Section 4.20.)
During the period of construction,the Assignee shall report to the Agency when the Assignee
determines that it will not meet a performance deadline set forth in the Schedule of Performance. The
reports shall be in such form and detail as may reasonably be required by the Agency and shall include
construction photographs taken since the last report.
4.8 Indemnity and Insurance. The Assignee agrees to and shall defend, indemnify and
hold the Agency and City, and their officers, directors, agents, servants, employees and contractors
harmless from and against all liability, loss, damage, costs, or expenses (including reasonable
attorney's fees and court costs)arising from or as a result of the death of any person or any accident,
injury, loss or damage whatsoever caused to any person or to the property of any person and which
shall be directly or indirectly caused, or alleged to be caused, by any acts, errors or omissions of the
Assignee or its officers,directors,agents,servants,employees or contractors. The Assignee shall not
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•
be responsible for(and such indemnity shall not apply to) any acts, errors or omissions of the Agency
or the City, or their respective officers, directors, agents, servants, employees or contractors. The
Agency and City shall not be responsible for any acts, errors or omissions of any person or entity
under this Agreement except the Agency and the City and their respective officers, agents, servants,
employees or contractors. The obligation set forth in this paragraph(i)shall apply only to acts,errors
•
or omissions occurring prior to the issuance of a Certificate of Completion for the Assignee Project,
and (ii) shall survive the expiration or termination of this Agreement.
Prior to the commencement of construction on the Property, the Assignee shall furnish or
cause to be furnished to the Agency duplicate originals of and appropriate endorsements to its
commercial general liability (which must include coverage for both owned and hired vehicles)
insurance policies in the amounts set forth in Section 3.4, naming the Agency and the City as
additional or co-insured. The policies shall be"occurrence", not"claims made," policies and shall
be primary and non-contributing to any insurance that the Agency may elect to obtain. The policies
shall be issued by a carrier admitted to do business in California, with a Best's rating of B+ XII or
better. Said policies shall provide that they may not be canceled or reduced in coverage or amounts
without giving the Agency at least thirty(30)days prior written notice. The policy amounts set forth
in Section 3.4 shall not limit or define the extent of Assignee's indemnity liability pursuant to this
Section 4.8 or any other provision of this Agreement, or arising as a matter of law or at equity. Upon
the Agency's written request,the Assignee shall also furnish or caused to be furnished to the Agency
evidence satisfactory to the Agency that any contractor with whom it has contracted for the
performance of work on the Property carries workers' compensation insurance as required by law.
The obligations set forth in this paragraph shall terminate upon the Agency's issuance of a Certificate
of Completion for the Assignee Project.
4.9 Governmental Permits and Compliance With Laws. Before commencement of
construction or development of any buildings, structures or other work of improvement upon the
Property, the Assignee shall, at its own expense, secure or cause to be secured any and all permits
or approvals which may be required by or from the City or any other governmental agency. The
I
Agency shall provide reasonable non-financial assistance to the Assignee in securing these permits
or approvals. The Assignee shall carry out the construction of the Assignee Project on the Property
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in conformity with all applicable laws, including all applicable federal and state labor and safety
standards.
4.10 No Discrimination. The Assignee, for itself and its successors and assigns, agrees
that in the construction of the Assignee Project,the Assignee will not unlawfully discriminate against
any employee or applicant for employment because of sex,marital status,race, color, religion, creed,
national origin, or ancestry, and that the Assignee will comply with all applicable local, state and
federal fair employment laws and regulations.
The Assignee covenants and agrees for itself, its successors, assigns and every successor in
interest to the Property or any part thereof, that there shall be no unlawful discrimination against or
segregation of any person or group of persons on account of race, color, creed,religion, sex,marital
status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the Property, nor shall the Assignee, or any person claiming under or through it,
establish or permit any such unlawful practice or practices of discrimination or segregation with
reference to the selection, location, number, use of occupancy of tenants, lessees, subtenants,
sublessee or vendees of the Property. The foregoing covenants shall run with the land and shall
remain in effect in perpetuity.
All deeds, leases or contracts relative to the Property or the improvements constructed
thereon shall contain or be subject to substantially the following nondiscrimination or non-segregation
clauses, pursuant to California Health and Safety Code Section 33436.
4.10.1 In deeds: "The grantee herein covenants by and for himself, his heirs,
executors, administrators, and assigns, and all persons claiming under or through them, that there
shall be no unlawful discrimination against or segregation of, any person or group 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 land herein conveyed, nor shall the
grantee himself or any person claiming under or through him, establish or permit any such practice
or practices of unlawful discrimination or segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein
conveyed. The foregoing covenants shall run with the land in perpetuity."
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4.10.2 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 the subject to the following conditions: That there shall be no unlawful,
discrimination against or segregation of any person or group of persons, on account of race, color,
creed,religion, sex,marital status,national origin or ancestry,in the leasing, subleasing,transferring,
use, occupancy, tenure 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 unlawful 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 herein leased."
4.10.3 In contracts: "There shall be no unlawful discrimination against or
segregation of any person or group 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 land, nor shall the transferee himself or any person claiming under or through him
establish or permit any such unlawful 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."
4.11 Rights of Access. Upon one (1) business day's prior notice, for the purpose of
assuring compliance with this Agreement, representatives of the Agency shall have reasonable right
of access to the Property without charge during normal business hours, and in accordance with the
Assignee's reasonable safety rules.
The Agency agrees to and shall defend, indemnify and hold the Assignee, and its officers,
directors, agents, servants, employees and contractors harmless from and against all liability, loss,
damage, costs or expenses (including reasonable attorney's fees and court costs) arising from or as
a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any
person or to the property of any person and which shall be directly or indirectly caused by any acts,
errors or omissions ofthe Agency or its officers,directors,agents,servants,employees or contractors
with respect to the Agency's entry upon the Property. The Agency shall not be responsible for(and
such indemnity shall not apply to) any acts, errors or omissions of the Assignee, or its respective
officers, directors, agents, servants, employees, attorneys or contractors.
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a
4.12 Affirmation of Agency's Power of Termination and Amendment Thereto.
4.12.1 Continuance of Existing Power of Termination. Section 5.07 of the
DDA granted to the Agency the right to reenter, repossess, terminate the revest the estate granted
to the Successor in the Site upon the occurrence of certain conditions as set forth in said Section
5.07. Although those conditions described in Section 5.07 of the DDA have occurred with respect
to the Property, the Agency elected at that time to not exercise those rights and remedies available
to the Agency as to the Property under Section 5.07 of the DDA. By their entry into this Agreement,
the Successor and the Assignee agree that the Agency still possesses a valid power oftermination and
that title to the Property shall be conveyed subject to the Agency's rights as described in Section 5.07
of the DDA, as restated (with modifications)in its entirety in this Section 4.12; provided, however,
that Agency may not exercise its Power of Termination with respect to the Property based upon the
Developer's or Successor's acts or failures to act occurring before the Effective Date of this
Agreement.
4.12.2 Property. The Agency shall, upon thirty(30) days written notice to the
Assignee, have the right, at its option and due to any cause set forth in this Section 4.12.2 and for the
compensation set forth below, to terminate the estate vested in the Assignee and take possession of
the Property, together with all improvements thereon, and to revest in the Agency fee simple title to
the Property if the Assignee (or its successors in interest) shall:
(i) Subject to Section 4.20, fail (for any reason other than the Agency's
material default, which includes the failure to issue a Certificate of
Completion when otherwise required to do so by this Agreement) to
obtain a Certificate of Completion for the Assignee Project by October 15,
2001, or
(ii) Abandon or substantially suspend, or allow the abandonment or
substantial suspension of, construction of all or any portion of the
Assignee Project for thirty consecutive (30) days after written notice of
such abandonment or suspension from the Agency; or
(iii) Assign or attempt to assign this Agreement, or any rights or obligations
herein, or transfer, or suffer any involuntary transfer, of the Property or
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any part thereof, in violation of this Agreement or the DDA, and such
violation shall not have been cured, or commenced to be cured and
diligently prosecuted to completion thereafter,within thirty(30)days after
written notice thereof from the Agency.
Thirty-day written notice specified in this Section 4.12.2 shall specify that the Agency proposes to
take action pursuant to this Section 4.12.2 and shall specify which of the Assignee's obligations set
forth in(i)through(iii) above have been breached. The Agency may proceed with the remedies set
forth herein only if the Assignee does not cure such default within thirty (30) days following such
notice. If the Agency fails to approve or disapprove any submission presented by the Assignee within
the times allowed for such approval or disapproval by this Agreement,then the deadline for obtaining
a Certificate of Completion set forth in (i) above shall be extended by the number of days that the
Agency delays giving its approval or disapproval beyond the time allowed for such approval or
disapproval in this Agreement; provided, however, that no extension of time shall be allowed for
unpermitted delays which are less than five (5) days.
Upon the revesting in the Agency of title to the Property by grant deed or court
decree, the Agency shall use its reasonable good faith efforts to resell the Property at fair market
value as soon and in such manner as the Agency shall find feasible and consistent with the objectives
of the law and of the Redevelopment Plan, to a qualified and responsible party or parties (as
reasonably determined by the Agency) who will assume the Assignee's obligation to begin and/or
complete the Assignee Project, or such other replacement project acceptable to the Agency in its sole
and absolute discretion,in accordance with this Agreement and the Redevelopment Plan. Upon such
resale of the Property (or any portion thereof), the proceeds thereof shall be applied as follows:
(i) First, to pay any and all amounts required to release/reconvey any
mortgage,deed oftrust,or other encumbrance required for any reasonable
method of financing the construction of the Assignee Project, provided
that such financing was approved by the Agency pursuant to Section 4.14;
and
(ii) Second, to reimburse the Agency on its own behalf or on behalf of the
City for all actual costs and expenses incurred by the Agency and the City,
including, but not limited to, customary and reasonable fees or salaries to
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third party personnel engaged in such actions, in connection with the
recapture, management and resale of the Property or any part thereof; all
taxes, assessments and utility charges paid by the City and/or the Agency
with respect to the Property or portion thereof; any payment made or
necessary to be made to discharge or prevent from attaching or being
made any subsequent encumbrances or liens due to obligations incurred
by the Assignee or the Agency or the City with respect to the making or
completion ofthe Assignee Project or any part thereof upon the Property;
and amounts otherwise owing to the Agency by the Assignee or its
successors in interest to the Property or any part thereof pursuant to the
terms hereof; and
(iii) Third, to the extent that any and all funds which are proceeds from such
resale are thereafter available,taking into account any prior encumbrances
with a claim thereto, to reimburse the Assignee, or its successors in
interest to the Property or any part thereof, equal to the sum of(1) the
product of$13.00 multiplied by the actual square footage of the Property;
and(2)the third party costs actually incurred and paid by the Assignee for
the development of the Property including, but not limited to, costs of
carry,taxes, and items as set forth in the Assignee's cost statement,which
shall be subject to the Agency's reasonable approval;provided, however,
that the Assignee shall not be entitled to reimbursement for any expenses
described in(1)or(2)to the extent that such expenses relate to any loans
or other encumbrances which are paid by the Agency pursuant to the
provisions of subsections (i) or (ii) above, or which related to liens or
other encumbrances which are paid by the Agency pursuant to subsection
(i) or(ii) above.
Any portion of the resale proceeds remaining after the foregoing applications shall be
retained by the Agency as its sole and its exclusive property. To the extent that the Agency has
incurred or incurs certain costs and expenses which are recoverable from resale proceeds of the
Property as provided above, but which were in the first instance incurred with respect to the Site as
a whole, then such costs and expenses shall be allocated to the Property by a percentage equal to the
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I
quotient obtained by dividing the actual gross square footage of the Property by the actual gross
square footage of the Site.
4.12.3 Agency Review of Property Grant Deed. The Agency shall have the
right of reasonable review and approval of the grant deed conveying the Property from the Successor
to the Assignee for the limited purposes of ensuring that such grant deed contains legally adequate
language describing the Agency's rights hereunder and that the Property is being conveyed expressly
subject to such rights.
4.12.4 Mortgagee Protection. The right of the Agency to reenter, repossess,
terminate, and revest shall be subject and subordinate to, shall be limited by and shall not defeat,
render invalid or limit any mortgage, deed of trust or other security interest required for any
reasonable method of financing the construction of improvements on the Property and any other
expenditures necessary to appropriately develop the Property under this Agreement, provided that
the Agency has, as provided in Section 4.14, consented to such financing, or any rights or interests
for the protection of the holders of any such mortgage, deed of trust or other security interest. In the
event of the foreclosure of any mortgage, deed of trust or other security instrument approved by the
Agency as provided in Section 4.14,then the Agency's power of termination as to the Property shall
be extinguished and the Agency shall have no right to reenter, repossess, terminate and revest the
Property. The Agency shall execute such documents as such holder(s) or lender(s) may require to
confirm the foregoing.
Prior to the issuance of Certificate of Completion for the Assignee Project, any grant
deed or ground lease to the Property or any portion thereof conveyed or leased by the Assignee to
another party shall contain appropriate references and provisions to give effect to the Agency's rights
as set forth in this Section 4.12.
4.12.6 Procedure for Documenting Revesting; Waivers. Upon the Agency's
exercise of its rights and powers as provided in this Section 4.12,the Assignee or its successors shall
convey by grant deed to the Agency fee simple title to the Property(as applicable)in accordance with
Civil Code Section 1109, as hereafter amended or substituted. Such conveyance shall be duly
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7 •
acknowledged by the Assignee in a manner suitable for recordation. The Agency may enforce its
rights pursuant to this Section 4.12 by means of an injunctive relief or forfeiture of title action.
IlVIlVIEDIATELY FOLLOWING THE 30 DAY PERIOD SPECIFIED IN SECTION
4.12.2, THE AGENCY, ITS EMPLOYEES AND AGENTS SHALL HAVE THE RIGHT TO
REENTER AND TAKE POSSESSION OF ALL OR ANY PORTION OF THE PROPERTY(AS
APPLICABLE) AND ITS IMPROVEMENTS UPON FIVE (5) BUSINESS DAYS PRIOR
WRITTEN NOTICE TO THE ASSIGNEE. BY ITS INITIALS BELOW, THE ASSIGNEE
HEREBY EXPRESSLY WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW,
ANY AND ALL RIGHTS WHICH IT MAY HAVE UNDER CIVIL CODE SECTION 791 AND
CODE OF CIVIL PROCEDURE SECTION 1162,AS THOSE STATUTES ARE AMENDED OR
SUBSTITUTED,OR UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF
SIMILAR IMPORT. 1//
11:1114p / �� •
---M
ASSIGNEE'S INITIALS
BY ITS INITIALS BELOW,THE ASSIGNEE ACKNOWLEDGES AND AGREES
THAT THE AGENCY'S EXERCISE OF ITS POWER OF TERMINATION AND RIGHT OF
REENTRY PURSUANT TO THIS SECTION 4.12 SHALL WORK A FORFEITURE OF ITS
ESTATE IN THE PROPERTY. THE ASSIGNEE HEREBY EXPRESSLY WAIVES, TO THE
MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL EQUITABLE AND LEGAL
DEFENSES THAT IT MAY HAVE TO SUCH FORFEITURE, INCLUDING, BUT NOT
LIMITED TO, THE DEFENSES OF LACHES, WAIVER, ESTOPPEL, SUBSTANTIAL
PERFORMANCE OR COMPENS ABLE DAMAGES. THE ASSIGNEE FURTHER EXPRE S SLY
WAIVES ALL RIGHTS AND DEFENSES THAT IT MAY HAVE UNDER CIVIL CODE
SECTION 3275 OR ANY OTHER STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR
IMPORT OR EFFECT.
THE ASSIGNEE IRREVOCABLY STIPULATES, REPRESENTS AND
WARRANTS THAT IT HAS RECEIVED INDEPENDENT AND ADEQUATE
CONSIDERATION HEREUNDER FOR ITS WAI R AND RE QUISHMENTOF GHTS.
ASSIGNEE'S INITIALS )p ili\ l
,—...Vg er
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4.12.7 Stipulation and Contingent Creation of New Power of Termination.
The Successor and the Assignee stipulate and agree that the Agency possesses an enforceable Power
of Termination as to the Property, as such Powers of Termination are described in California Civil
Code Section 885.010, et m. The Successor and the Assignee irrevocably waive, relinquish and
forego, to the maximum legal extent, any and all claims that, by the Agency's election not to
immediately enforce its Power of Termination as provided in Section 5.07 of the DDA, that the
Agency has waived,relinquished or forfeited,by lapse oftime,estoppel,laches,excuse,or otherwise,
its rights as set forth in Section 5.07 of the DDA as to the Site; provided, however, that the Agency
may not exercise its Power of Termination as to the Property based upon the,Developer's or
Successor's acts or failures to act occurring before the Effective Date of this Agreement.
The immediately preceding paragraph notwithstanding, the Successor and Assignee
agree that, should a court of competent jurisdiction determine that the Agency's Power of
Termination as set forth in Section 5.07 of the DDA was waived, relinquished or forfeited by action
of the Agency, operation of law,or otherwise,then this Section 4.12 shall constitute and create a new
Power of Termination in favor of the Agency as to the Property, with provisions identical to that set
forth in Section 5.07 of the DDA, as amended by this Section 4.12.
4.13 Prohibition Against Transfer. Prior to the issuance of a Certificate of Completion
for the Assignee Project, the Assignee may not, except as permitted by this Section 4.13 or Section
4.14, assign or attempt to assign this Agreement or any right or obligation herein,nor make any total
or partial sale,transfer, conveyance, lease, or assignment of the whole or any part of the Property or
the improvements thereon, without prior written approval of the Agency, which will not be
unreasonably withheld or delayed.
Notwithstanding any other provisions of this Agreement to the contrary, the foregoing
prohibition shall not apply to those transactions described in Sections 4.13.1 or 4.13.2 below,
provided the Assignee shall first notify the Agency in writing of the proposed action. The actions to
which this exception applies are:
'4.13.1 The granting of easements or permits to facilitate the development of the
Property.
•
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4.13.2 The assignment or delegation of all or portions of the Assignee's rights or
obligations hereunder, or the sale, transfer, conveyance, lease or
assignment of all or any part ofthe Property or any improvements thereon,
to a limited partnership of which the Assignee is a general partner, or to
a limited liability company in which the Assignee or its general manager
is the manager, or to a corporation in which the Assignee or its general
manager is a"control person" as defined by Federal securities laws, or to
a general partnership of which the Assignee or its general manager is a
member. Any such assignment, sale, transfer or conveyance pursuant to
this Section 4.13.2 shall not relieve the Assignee of liability for the timely
and faithful performance of any assigned obligation, absent an express
agreement between the Agency, the Assignee and the third party
transferee to the contrary.
No unpermitted sale, transfer, conveyance, lease, or assignment of all or any portion
of this Agreement or the Property shall be deemed to relieve the Assignee or any other party from
any obligation under this Agreement, nor shall any such unpeimitted sale, transfer, conveyance or
assignment transfer any rights in the Property or this Agreement.
4.14 Permitted Encumbrances. Section 4.13 notwithstanding,mortgages,deeds oftrust,
sales and leasebacks or any other form of conveyance required for any reasonable method offinancing
the acquisition of the Property and construction of the Assignee Project are permitted before
recordation of a Certificate of Completion,but only for the purpose of financing the construction(or
any refinancing thereof)ofthe Assignee Project and any other expenditures necessary and appropriate
to develop the Property(and no other property(ies))under this Agreement. The Assignee shall notify
the Agency in writing in advance of any mortgage, deed of trust, sale and leaseback or other form of
conveyance for financing if the Assignee proposes to enter into same before recordation of a
Certificate of Completion. The Agency shall have ten(10)business days from receipt of such notice
within which to approve or disapprove such financing. If the Agency disapproves, the disapproval
shall be delivered in writing to the Assignee within such thirty (30) day period and shall state the
reason for such disapproval. Agency's failure to timely deliver such written notice of disapproval shall
be deemed an approval.
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The Agency may withhold approval for any of the following reasons: (i)any such conveyance
for financing is not given to a responsible financial or lending institution or other person or entity who
will finance the development of the Assignee Project in a manner consistent with the terms of this
Agreement; (ii) such financing will restrict or impair the ability of the Assignee to carry out its
obligations hereunder; (iii) the lender fails to agree to provide the Agency notice of any Assignee
default and an opportunity to cure such default and the opportunity to pay off the financing on the
same terms as given to the Assignee; and (iv) the lender refuses to execute such documents as are
reasonably necessary to confirm that the lender's lien and interest in the Property is subordinate to this
Agreement and the Power of Termination, except for any mortgagee protection provisions contained
herein.
Upon the Agency's receipt of notice of the Assignee's default from the lender, and the
Assignee's subsequent failure to cure such default within the applicable cure period provided by the
loan documents, the Agency may cure such default on the Assignee's behalf. The Assignee's failure
to cure such default on its own behalf shall be deemed a material default under this Agreement. The
Assignee shall reimburse the Agency, within ten (10) days after written demand therefor by the
Agency, for all sums reasonably expended by the Agency on the Assignee's behalf.
Nothing in this Agreement shall be deemed to obligate the holder of any mortgage, deed of
trust or other financing instruments to construct the Assignee Project . or to guarantee such
construction. Nothing in this Agreement shall be deemed to permit or authorize any such holder to
develop the Property or construct improvements thereon except in strict compliance with this
Agreement. Any right,title or interest in the Property(or any portion thereof)acquired by any means
by any holder of a mortgage, deed of trust, or other form of financing conveyance, or by such holder's
assignees or successors, shall be subject to the terms and provisions of this Agreement.
The words "mortgage" and "deed of trust" as used herein include all customary modes of
financing real estate acquisition, construction and land development in Los Angeles County.
4.15 Certificate of Completion. Upon the Assignee's completion of the construction of
the Assignee Project (including all "punch list" corrections), the Agency shall furnish the Assignee
with a Certificate of Completion within thirty (30) days following written request therefor by the
Assignee. The Certificate of Completion shall be a conclusive determination of satisfactory
completion of all of the improvements required to be completed under this Agreement for the
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development of the Assignee Project and of full compliance by the Assignee with the terms of this
Agreement (other than the covenants running with the Property as set forth in Sections 4.10 and
Section 4.16). The Certificate of Completion shall be in such form as to permit it to be recorded in
the Los Angeles County Recorder's Office and shall confirm the foregoing.
If the Agency refuses or fails to furnish a Certificate of Completion after written request from
the Assignee, the Agency shall provide, within the aforementioned thirty(30) day period, a written
statement to the Assignee setting forth the reasons for the Agency's refusal or failure to furnish a
Certificate of Completion. The Agency's failure to provide such statement within the time provided
shall entitle the Assignee to a Certificate of Completion for the Assignee Project. The statement shall
contain the Agency's opinion of all the actions the Assignee must take to obtain a Certificate of
Completion. If the reasons for such refusal are confined to the immediate unavailability of specific
items or materials for construction or landscaping,the Agency shall issue a Certificate of Completion
upon the Assignee's posting of a bond or irrevocable letters of credit,reasonably approved as to form
and substance by the Agency's legal counsel, in an amount representing the fair value of the work not
yet completed, as reasonably determined by the Agency.
A Certificate of Completion will not constitute evidence of compliance with or satisfaction
of any obligation of the Assignee to any holder of a mortgage or any insurer of a mortgage or a
Certificate of Occupancy as provided by the City's municipal code. A Certificate of Completion will
not constitute a notice of completion as referred to in Civil Code Section 3093.
4.16 Covenants Running With the Land.
4.16.1 Use Covenant. The Assignee covenants and agrees for itself, its assigns
and all voluntary and involuntary successors in interest to the Property or
any part thereof, that, until the expiration of the Redevelopment Plan,the
Property shall be put to the uses specified in the Redevelopment Plan and
the City's General Plan and Zoning Ordinances, this Agreement, and any
permits or entitlements which may be required for the Assignee Project.
• 4.16.2 No Conveyance to Tax Exempt Entity. The Assignee covenants and
agrees for itself, its assigns and all voluntary and involuntary successors
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Z"
in interest to the Property or any part thereof; that, during all times that
the Agency is permitted to receive property tax increment from the Project
Area pursuant to Health and Safety Code Section 33670 (as that statute
may be substituted or amended),the Property or any portion thereof may
not be used, or otherwise sold, transferred, conveyed, assigned, leased,
lease-back, or hypothecated(collectively,"Tax Exempt Conveyance")to
or for any use that will result (i) in more than fifty percent (50%) of the
assessed value of the Assignee Project and/or Property (as established in
the year immediately preceding the Tax Exempt Conveyance)being held
by an entity which is exempt, in whole or in part, from the payment of ad
valorem property taxes or possessory interest taxes; or(ii)in the assessed
value of the Property as a whole being less than the product of$6.50
multiplied by the actual square footage of the Property.
4.16.3 No Property Tax Contest. The Assignee covenants and agrees for itself,
its successors, its assigns and all voluntary and involuntary successors in
interest to the Property or any part thereof; that, during all times that the
Agency is permitted to receive property tax increment from the Project
Area pursuant to Health and Safety Code Section 33670 (as it may be
amended or substituted), the Assignee shall not contest the assessed
valuation of the Property or any part thereof; as established by the Los
Angeles County Assessors Office, in a manner which would cause the
assessed value of the Property (or any part thereof) to be less than the
product of$13.00 multiplied by the actual square footage of the Property;
provided, however, that the foregoing prohibition shall not be applicable
if such contest is related to Assignee's contest of an Assessor's
determination concerning the tax exempt or tax reduced status of an entity
acquiring an interest in the Property or Assignee Project as a result of a
Tax Exempt Conveyance; provided, further, that in no event may the
assessed value be contested to a level less than the product of $6.50
multiplied by the actual square footage of the Property.
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c2 tO
4.16.4 Operation Covenant. The Assignee covenants and agrees for itself, its
successors, its assigns and all voluntary and involuntary successors in
interest to the Property, Assignee Project or any part thereof, that, until
expiration of the Redevelopment Plan, so long as there is any use of the
Property or the Assignee Project (or any part thereof), (i) such use shall
be for the uses described in Section 2.2 hereof; and(ii) the Property and
exterior (including all landscaped areas) and interior portions of the
Assignee Project shall be maintained in a. first-class condition and in
accordance with the standards of the City's municipal code.
The covenants set forthin Section 4.10 and Sections 4.16.1 through 4.16.4 touch and
concern the Property, and every part thereof, and constitute covenants running with the Property and
every part thereof. These covenants may be enforced by the Agency or the City(as an intended third
party beneficiary), regardless of whether the Agency or the City currently or continue to own an
interest in any property within the Project Area. Assignee hereby irrevocably stipulates and agrees
that breach of any of the covenants set forth in Section 4.10 or Sections 4.16.1 through 4.16.4 will
result in great and irreparable damage to the Agency and the City, will violate the public policy and
the purposes of the Community Redevelopment Law, and will result in damages to the Agency and
the City which are either impracticable or extremely difficult to quantify. Accordingly, any covenant
set forth in Section 4.10 or Sections 4.16.1 through 4.16.4 may be enforced by means of an injunctive
relief or specific performance action against the then-owner of the Property.
4.17 General Damages and Other Remedies. If the Assignee or the Agency defaults
with regard to any of their obligations under this Agreement, the nondefaulting party shall serve
written notice of such default upon the defaulting party or parties. If the default is not cured, or
commenced to be cured and diligently prosecuted to cure completion, by the defaulting party or
parties within thirty(30)days after service ofthe notice of default,the defaulting party or parties shall
be liable to the other party for'any and all damages proximately caused by such default; provided,
however, that no party to this Agreement shall be liable for speculative or punitive damages and all
parties hereby waive all claims to the recovery thereof.
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The remedies set forth in this Section 4.17 are intended to be cumulative, non-exclusive, and
may be exercised conjunctively or independently with any and all other rights and remedies available
to the parties pursuant to this Agreement, at law or in equity.
At any time prior to the commencement of construction of the Assignee Project, in addition
to all other remedies set forth in this Section 4.17 or otherwise available pursuant to this Agreement,
at law or in equity, the Agency may terminate this Agreement and all of its obligations and
agreements hereunder,without cost, expense or liability, if the Assignee is in material default of any
of its obligations under this Agreement and has failed to cure, or commence to cure, such default
following written notice from the Agency, as provided in the first paragraph of this Section 4.17.
For purposes of this paragraph, the term "commencement of construction" means the Assignee's
obtaining of a building permit for the Assignee Project and the City's completion and acceptance of
the first building and safety inspection relative thereto,which completion and acceptance shall not be
unreasonably or unlawfully withheld or delayed. Anything to the contrary in this Agreement
notwithstanding, including, without implied limitation, Sections 2.7 and 3.1 hereof, upon such
termination,the DDA shall once again become effective as to the Property and all terms,provisions,
and covenants of the DDA shall once again apply to the Property as if this Agreement had never
become effective.
4.18 Notices and Demands. All notices or other communications required or permitted
hereunder shall be in writing, and may be(i)personally delivered, (ii)sent by United States registered
or certified mail, postage prepaid, return receipt requested, or(iii)telecopied, to the parties at the
addresses/facsimile telephone numbers provided in Section 1.1, subject to the right of either party to
designate a different address/facsimile telephone number for itself by notice similarly given. Any
notice so given by registered or certified United States mail shall be deemed to have been received
on the second business day after the same is deposited in the United States mail. Any notice not so
given by registered or certified mail shall be deemed received upon receipt of the same by the party
to whom the notice is given.
4.19 Nonliability of Agency Officials and Employees. No board member, official,
contractor, consultant, attorney or employee of the Agency or the City shall be personally liable to
the Successor or Assignee, any successors or assignees, or any lender or party holding an interest
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in the Property in the event of any default or breach by the Agency, or for any amount which may
become due to the Successor or Assignee or to their successors or assignees, or on any obligations
arising under this Agreement.
4.20 Time Deadlines Critical; Extensions and Delays; No Excuse Due to Economic
Changes. Time is of the essence of this Agreement. In addition to specific provisions of this
Agreement, times,for performance hereunder shall be extended where delays or defaults are due to
war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; acts of God or of third parties;
litigation; acts of a public enemy; epidemics; quarantine restrictions; and freight embargoes, and any
other matters beyond the parties' reasonable control (collectively, "Enforced Delays") provided,
however, that the party claiming the extension notify the other party of the nature of the matter
causing the delay;and,provided further,that the extension of time shall be only for the period of the
Enforced Delays. However, deadlines for performance may not be extended as provided above due
to any inability of the Assignee to obtain or maintain financing for(i) the acquisition of the Property
or(ii)the construction of the Assignee Project.
The foregoing notwithstanding, the Assignee expressly agrees that adverse changes in
economic conditions, either of Assignee specifically or the economy generally, or changes in market
conditions or demands, shall not operate to excuse or delay the strict performance of each and every
of the Assignee's obligations and covenants arising under this Agreement. The Assignee expressly
assumes the risk of such adverse economic or market changes or conditions,whether foreseeable or
not at the time of the Assignee's entry into this Agreement.
4.21 Attorney's Fees. If either party brings any action or proceeding against any other
party to this Agreement,then the prevailing party or parties shall be entitled to recover as an element
of its costs of suit, and not as damages, its/their reasonable attorney's fees as fixed by the court in
such action or proceeding. Recoverable costs and fees include those incurred on appeal and in the
enforcement of any judgment.
4.22 Real Estate Commissions. The Agency shall not be liable for any real estate
commission,brokerage fees or finders fees which may arise from this Agreement or the transactions
discussed herein, except to the extent caused by the action or inaction of the Agency. The Successor
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shall defend,indemnify and hold the Agency harmless from all costs,expenses,damages and liabilities
related to such real estate commissions, brokerage fees, or finders fees which are due to the
Successor's acts or omissions. The Assignee shall defend, indemnify and hold the Agency harmless
from all costs, expenses, damages and liabilities related to such real estate commissions, brokerage
fees, or finders fees which are due to the Assignee's acts or omissions.
4.23 Submission of Documents and Other Actions for Approval. Except where such
approval is expressly reserved to the sole discretion of the approving party, all approvals required
hereunder by either party shall be not be unreasonably withheld.
4.24 Amendments to This Agreement. The Agency, Successor and Assignee agree to
consider reasonable requests for amendments to this Agreement which may be made by any of the
parties hereto, lending institutions, bond counsel or financial consultants. Any amendment to the
Agreement must be in writing and signed by the appropriate authorities of: (i) in all cases, the
Agency, (ii) the Successor, but only if such amendment directly affects the Successor's rights and
obligations under this Agreement, and(iii)the Assignee, but only if such amendment directly affects
the Assignee's rights and obligations under this Agreement. The Executive Director is authorized
to approve and execute minor amendments to this Agreement on behalf of the Agency,including,but
not limited to, the granting of extensions of time to the Successor and Assignee, subject to
Section 3.3.
4.25 Jurisdiction and Venue. Any action or proceeding concerning this Agreement shall
be filed and prosecuted in the appropriate court in the County of Los Angeles, California. Each party
hereto irrevocably consents to the personal jurisdiction of the court and hereby irrevocably stipulates
that said court shall have subject matter jurisdiction over such action or proceeding. The Agency,
Assignee and the Successor each hereby expressly waive to the maximum extent permitted by law,
the benefit of any provision of law providing for a change of venue to any other court, including,
without limitation, federal district court, due to the diversity of citizenship between the Agency, the
Successor and the Assignee due to the fact that a federal right or question is alleged to be at issue,
or due to the fact that either the City or the Agency is a party to such action or proceeding. Without
limiting the generality of the foregoing, the Successor and Assignee specifically waive, to the
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99 2384799
$C)
maximum extent permitted.by law, any rights provided to them pursuant to California Code of Civil
Procedure Section 394 or any other state or federal statute or decision of similar effect.
4.26 Interpretation. The Agency, Successor and Assignee acknowledge that this
Agreement is the product of mutual arms-length negotiation and drafting and that each party has been
represented by legal counsel in the negotiation and drafting of this Agreement. Accordingly,the rule
of construction which provides the ambiguities in a document shall be construed against the drafter
of that document shall have no application to the interpretation and enforcement of this Agreement.
In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to
such extrinsic evidence not in direct conflict with any specific provision of this Agreement to
determine and give effect to the intention of the parties hereto.
4.27 Counterpart Originals; Integration. This Agreement may be executed in three(3)
counterpart originals, each of which shall be deemed to be an original,but when taken together shall
constitute but one and the same instrument. This Agreement and its Exhibits represent the entire
understanding of the parties and supersedes all negotiations or previous agreements between the
parties with respect to all or any part of the subject matter hereof.
4.28 No Waiver.' The failure by any party hereto to insist on any one occasion upon strict
compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of
such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers
hereunder at any one time or more times be deemed a waiver or relinquishment of such other right
or power at any other time or,times.
4.29 No Unintended Third Party Beneficiaries. The performance of the Agency's,the
Successor's and Assignee's respective obligations under this Agreement are not intended to benefit
any party other than the Agency,the Successor or the Assignee. No person or entity not a signatory
to this Agreement shall have any rights or causes of action against any party to this Agreement as a
result of that party's performance or non-performance under this Agreement.
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99 2384799
The foregoing notwithstanding, the City of Arcadia is declared to be an intended third party
beneficiary as to performance of the Successor's and Assignee's obligations and covenants under this
Agreement.
[Signatures.on the following pages]
RVPUB\KKR\544688 -27-
99 23Rt. 7oa
SIGNATURE PAGE TO
AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT
THE ARCADIA REDEVELOPMENT AGENCY
a California public agency
Dated: 1411 By:
Executive Director
ATTEST:
it -7),_.,,..,..,___, /a, i / „.,
ency Secretary
APPROVED AS TO LEGAL FORM:
BEST BEST &KRIEGER LLP
_. � ) !I
Ste, en P. 0 e1t.
Agency General Counsel
RvPUB, ,544688 -28- 99 2384799
a •
SIGNATURE PAGE TO
AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT
WESTERN SECURITY BANK
a national banking association
Dated: --(✓�/i� �1 By:
Its: Cca
By: A(Z'��./
Its: ea741/ PV
•
•
RVPUB ,544688 -29- 99 2384799
SIGNATURE PAGE TO
AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT
GARY MORRIS
a California limited liability company
Dated: .— /7 f
B : 14/
Y 11A ' . At
Gary ' • n
• Its: Manager
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99 2384799
r
•
35
SIGNATURE PAGE TO
AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT
THE LOS ANGELES DISTRICT ADVISORY
BOARD (CHURCH OF THE NAZARENE)
a California non-profit corporation
Dated: A--/ " cis` B Y: ei.Lfr/ `L`i
Its: Or %- . r
Dated: I 1/ 7- 99 By: ILO
Its: 7-74,t m S
RVPUB\KICR\544688 -3 1-
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•
STATE OF CALIFORNIA ) CAPACITY CLAIMED BY SIGNER:
❑Individual(s)
COUNTY OF LOS A-nS ) Corporate
• Officer(s)
❑Partner(s) •
❑Attorney-in-Fact
Cl Trustee(s)
On 20, 1999, before me, the undersigned ❑Subscribing Witness
n tary public, personally appearedJok1Y16I or\ki..rdY►t-e,�uaedian/Conservator
personally known to me OR ❑ proved to me on the basis S NER IS REPRESENTING:
of satisfactory evidence to be the person(s) whose names) NAME OF PERSON(S)OR ENTITY(IES)
ubscribed to he within instrument and acknowledged
to me that •= -afOxecuted the same in -•- -
authorized capacity(ies), and that by --'
signature s on the instrument the person(s), or e entity upon
behalf of which the person(s) acted, executed the instrument.
,l,,,li,,,I1111Illitlpllll 11 ltll lllll11I1111lIpii 111 H II III 1 1,11111111 11 l II I1111lUI HHtI i li':+1.�111I1111IBil tl 111
WITNESS m hand and official seal. = f IFFANY E. COHELLO
,� COMM. # 1226526
0°0LOS ANGELES COUNTY fn
' ;.Y, NOTARY PUBLIC - CALIFORNIA� � - `t`!9= My Comm.Expires June 27,2003 =_
Fr im,11„Ht11,17Ht111::;,IJ1111n11111 ^IIiH,rtltlilli.rillti7tlil:itilitillR II'""'7tl11ilIIH1111i1
Signature of Notary ' . Ic
•
•
•
•
RVPUBRICICR\544688 99 2384799
STATE OF CALIFORNIA ) CAPACITY CLAIMED BY SIGNER:
❑Individual(s)
COUNTY OF j 05 AtI651E S ❑Corporate
Officer(s)
❑Partner(s)
❑Attorney-in-Fact
❑Trustee(s)
• On /a—/7 , 1999, before me, the undersigned ❑Subscribing Witness
notary public, personally appeared (,'4ry W. /SID/Y75 ❑G iedia nL�r
personally known to me OR ❑ proved to me on the basis SIGNER I REPRESENTING:
of satisfactory evidence to be the person(s) whose name(s) NAME OF PERSON(S)OR ENTITY(IES)
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 d official seal.
.;1.4��:�;1,• t.lo.C�s 1 A IjROE
_LS fA Co RRE LL
#1 , Commission#1233512
12
Notary Public-California
g
M 9ees cau3ont y 202
Signature of Notary Public j �M
•
RVPUB\KKR\544688
• 99 2384799
STATE OF CALIFORNIA ) CAPACITY CLAIMED BY SIGNER:
❑Individual(s)
COUNTY OF X05/WO e4g 5 ) gCorporate
Officer(s) '7/1,i,
❑Partner(s)
❑Attorney-in-Fact
❑Trustee(s)
On /A2-17 , 1999, before me, the undersigned ❑Subscribing Witness
notary public, personally appeared DO/7 NUgAeS ❑Guardian/Conservator
❑Other
❑ personally known to me OR l 'proved to me on the basis SIGNER IS REPRESENTING:
of satisfactory evidence to be the person(s) whose name(s) NAME OF PERSON(S)OR ENTITY(IES)
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.
CAROL FARREL
C233512
&1tI1 _ Nary Public-California
Los Angeles County
Signature of Notary Public MyComm.FxpiesCount 2003
RVPUB\KKR\544688
99 2384799
STATE OF CALIFORNIA ) CAPACITY CLAIMED BY SIGNER:
❑Jndividual(s)
COUNTY OF 4654/v6,ELE5 ) Corporate
Officer(s)
❑Partner(s)
❑Attorney-in-Fact
❑Trustee(s)
On /02 '/7'99, 1999, before me, the undersigned ❑Subscribing Witness
Other notary public, personally appeared Jerr/L.re..105On , ❑O Other❑ an/Conservator
❑ personally known to me OR liroved to me on the basis SIGNER IS REPRESENTING:
of satisfactory evidence to be the person(s) whose name(s) NAME OF PERSON(S)OR ENTITY(IES)
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.
A/1 CAROLE FARRELL
' ' a` Commission#1233512
/1J /`' //J Z «�
Not Public-California zr,��/'/L Z Los Angeles County
Signature of Notary Public �` �
g ry my Comm. Aug 30,2�i
RVPUB\KKR\544688
99 2384799
STATE OF CALIFORNIA ) CAPACITY CLAIMED BY SIGNER:
❑Individual(s)
COUNTY OF ISIS /l(¢ 5 ) El Corporate
0 Officer(s)
❑Partner(s)
❑Attorney-in-Fact
• ❑Trustee(s)
On , 1999, before me, the undersigned ❑Subscribing Witness
n tary public, personally appearedadln ,efl rl�.Te�ran+.•.�ac.r Guardian/Conservator
ther
personally known to me OR ❑ proved to me on the basis SI NER IS REPRESENTING:
of satisfactory evidence to be the person(s) whose name(s) NAME OF PERSON(S)OR ENTITY(IES)
—is/ re subscribed to the within instrument and acknowled ed
to me that -- --: ' executed the same in-hi37ti their
authorized capacit ies and that by-•'- '= d
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person) acted, executed the instrument.
WITNES, my hand and official seal.
1.PV= . TIFFANY E. COHFLLO
rn
COMM. # 1226526
d r LOS ANGELES COUNTY
"OPIIP cn •
;,:a .'' NOTARY PUBLIC - CALIFORNIA
h7y COMM.
20
Signature of Notary Publ'
•
•
Glrtnxuummunn::+innuumnm rm+ntmmmnm+in ln�ne 21 i 03 um
RVPUB\KKR\544688
99 2384799
STATE OF CALIFORN A ) CAPACITY CLAIMED BY SIGNER:
❑Individual(s)
COUNTY OF e ) 21 Corporate 4rcadi&
Officer(s)kQdv a/OHOp0/ir
❑Partner(s) .45eney
❑Attorney-in-Fact é' ' .c o
❑
Trustee(s) 47/feel,-
Ori Lac. z 7— , 1999, before me, the undersigned ❑Subscribing Witness
� ❑Guardian/Conservator
notary public, personally appeared Li,i/,ate, �/ y ❑Other
E4 personally known to me OR ❑ proved to me on the basis SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
• of satisfactory evidence to be the person(x) whose name
is/ape subscribed to the within instrument and acknowledged
•
to me that he/ske/grey executed the same in his/hhr/tlir
authorized capacity(igg), and that by his/lfr/tlir
signature(' on the instrument the person(, or the entity upon
behalf of which the person(>0 acted, executed the instrument.
WITNESS my hand and official seal.
•'" JUNE D.ALFORD
WO ANGELIS CANN ••
� / �o�;L comm.01207M ature of Notary ' . is EI«JlILco no m womPuwacmarawatf
•
RVPUB\KICR\544688
9q 2 c4'74o
EXHIBIT 1-A TO AMENDED AND
RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT
Legal Description of Property
PARCELS 1 AND 2 OF PARCEL MAP NO. 21841, IN THE CITY OF ARCADIA, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 241 PAGES
2, AND 3 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
EXCEPT THEREFROM THOSE PORTIONS OF LOTS 5 AND 6,BLOCK 84,PART OF SANTA
ANITA TRACT,IN THE CITY OF ARCADIA,AS PER MAP RECORDED IN BOOK 34 PAGES
41 AND 42, OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SECOND AVENUE,
60 FEET WIDE, AS SHOWN ON SAID MAP OF SAID TRACT,WITH A LINE PARALLEL
WITH AND 10 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE
NORTHERLY LINE OF THAT 40 FOOT WIDE STRIP OF LAND DESCRIBED IN DEED
RECORDED IN BOOK 423, PAGE 269, OF DEEDS, OF SAID COUNTY; THENCE ALONG
SAID EASTERLY LINE, NORTH 0° 01' 16" EAST 120.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 89° 55' 27" EAST 597.66 FEET,MORE OR LESS, ALONG A
LINE PARALLEL WITH SAID NORTHERLY LINE, TO THE SOUTHWESTERLY LINE OF
THAT 60 FOOT WIDE STRIP OF LAND DESCRIBED IN DEED RECORDED IN BOOK D 1244
PAGE 330, OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID
SOUTHWESTERLY LINE SOUTH 36° 13'04"EAST 0.12 FEET;THENCE NORTH 89°57' 15"
WEST 597.73 FEET TO SAID EASTERLY LINE;THENCE NORTH 0°Or 16"EAST 0.41 FEET
TO THE TRUE POINT OF BEGINNING.
EXCEPT THEREFROM; ALL OIL, OIL RIGHTS, NATURAL GAS RIGHTS, MINERAL
RIGHTS,ALL OTHERHYDROCARBON SUB STANCES BY WHATSOEVERNAME KNOWN,
AND ALL WATER, CLAIMS OR RIGHTS TO WATER, TOGETHER WITH APPURTENANT
RIGHTS THERETO,WITHOUT,HOWEVER,ANY RIGHT TO ENTER UPON THE SURFACE
OF SAID LAND NOR ANY PORTION OF THE SUBSURFACE LYING ABOVE A DEPTH OF
(NOT SHOWN)FEET,AS EXCEPTED OR RESERVED BY DEED RECORDED APRIL 7, 1969
AS INSTRUMENT NO. 2787, OF OFFICIAL RECORDS.
RVPUB\KICR\544688 Exhibit 1-A
99 2384799
E-13
EXHIBIT 1-B TO AMENDED AND
RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT
Map of Property
[attached behind this page]
RVPUB\KICR\544688 Exhibit 1-B
99 2384799
`A 1
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•:.. ' A s ..: 1... I rs .�Irr... ..a.. „t w o,, I !a 4•2
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•
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BOUNDRY SURVEY MAP SCALE l ' : 200 '
• 1
Emkay Development Co./Arcadia Redevelopment Agency .,'..\-
Disposition & Development Agreem�st t a C h m a[1 t 1 N O R T H
November 17, 1987 .
34
EXHIBIT 2 TO AMENDED AND
RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT
Scope of Development
Property
The Assignee shall design and construct two 19,000 sq. ft. three story office
buildings (or a minimum of at least 38,000 square feet) over one deck of subterranean
parking to City of Arcadia codes, as more fully set forth on plans by John Corey,
architect, Pasadena, receipt dated August 9, 1999 and colored elevations and color
board approved by the Arcadia Redevelopment Agency on September 7, 1999.
Alternatively, the Assignee may design and construct an above ground three
story parking garage between the two office buildings, provided that such design is
' submitted to and approved in the future by the Agency's governing board.
RVPUB\KICRl544688
. .
EXHIBIT 2 TO AMENDED AND
RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT
Scope of Development
Property
The Assignee shall design and construct two 19,000 sq. ft. three story office buildings (or
a minimum of at least 38,000 square feet) over one deck of subterranean parking to City of
Arcadia codes, as more fully set forth on plans by John Corey, architect, Pasadena, receipt dated
August 9, 1999 and colored elevations and color board approved by the Arcadia Redevelopment
Agency on September 7, 1999.
Alternatively, the Assignee may design and construct an above ground three story parking
garage between the two office buildings, provided that such design is submitted to and approved
in the future by the Agency's governing board.
•
RVPUB\KKR\544688 Exhibit 2
99 2384799
EXHIBIT 3 TO AMENDED AND
RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT
Note: The Executive Director may make
minor changes to this Schedule as
provided in Section 3.3 of the Agreement.
•
SCHEDULE OF PERFORMANCE
ACTION -PRE DDA APPROVAL BY DATE
Agency forwards second draft DDA to Successor and Assignee December 1, 1999
Successor and Assignee review, negotiate, and
verbally approve draft DDA December 8, 1999
Agency forwards final DDA to Successor and Assignee December 13, 1999
Successor and Assignee return executed DDA to Agency December 21, 1999
By 5:00 p.m.
Agency schedules DDA meeting for December 21, 1999 December 21, 1999
POST DDA- APPROVAL
Council/Agency meeting to consider DDA and, possibly, December 21, 1999
Design Review
If approved, Agency executes DDA; sends one original to December 22, 1999
Escrow for recordation prior to close of escrow between
Successor and Assignee; duplicate originals to
Successor and Assignee
Developer submits 10 sets of plans/elevations and color/ January 24, 2000
material board to Agency
Agency considers Design Review February 15, 2000
Building plans submitted and fees paid for Plan Check June 1, 2000
RVPUB\KKR\544688 Exhibit 3
99 2384799
i 1 u �'`�ga
6
Building plans approved, building permit issued, building July 15, 2000
permit fees paid
Construction/grading begins September 1, 2000
Building pads completed (subsurface parking) January 1, 2001
Framing completed May 1, 2001
Buildings completed August 1, 2001
Project completed; facilities open September 1, 2001
Assignee submits request for Certificate of Completion September 15, 2001
Agency consider Assignee's request for Certificate October 15, 2001
of Completion. If approved, forward to Assignee
for recordation
RVPUB\KKR\544688 Exhibit 3
99 2384799
y
EXHIBIT 4 TO AMENDED AND
RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT
Soils Condition Warranty
1. Warranty Regarding Condition of Soils. The Agency hereby represents and
warrants to the Developer that:
(a) The Agency has conducted or caused to be conducted an examination of
the condition of the soils within the Property pertinent to toxic or hazardous waste material in
accordance with the terms and conditions of the ERN;
(b) The results of such investigation do not show the existence within the
Property of any toxic or hazardous waste material or substances;
(c) The Agency has no knowledge of(i) the existence within the Property of
any toxic or hazardous waste material or substances or (ii) of any condition of soils within the
Property that would constitute or involve a violation of any applicable federal, state or local law,
code, regulation or ordinance relating to toxic or hazardous waste materials or substances; and
(d) The Agency has not received notice of the listing of the Property or any
portion thereof on the list of sites known to contain toxic or hazardous waste materials or sub-
stances as compiled through the Office of Planning and Research pursuant to Section 65962.5 of
the California Government Code.
2. Indemnification. The Agency and the City hereby indemnify and agree to hold the
Developer harmless from any and all loss, damage, claim, cost and/or expense (including reason-
able attorneys fees) which the Developer may incur as a result of a subsequent determination that
toxic or hazardous waste material or substances existed within the Property on or before the
Close of Escrow. This indemnification and hold harmless provision shall include, but not be
limited to, the obligation of the agency and/or city to take affirmative action to remove and/or
otherwise clean up any such toxic or hazardous waste material or substances and to return the
Property and any improvements thereon to their respective conditions as the same existed
immediately prior to such removal and/or clean-up activities. This provision shall survive the
Close of Escrow and shall inure to the benefit of the Developer's transferees, assigns and/or
successors in interest to the Property or any portion thereof.
•
RVPUB\KKR\544688 Exhibit 4
99 2384799
•
99 2a84799
ILLEGIBLE NOTARY SEAL DECLARATION
•
GOVERNMENT CODE 27361.7
I certify under penalty of perjury that the notary seal on the document to which this statement is attached •
reads as follows:
Name of Nota ry JOI(1-E • AiI(
Date Commission Expires /-1 3-
Notary Identification Number
(For Notaries commissioned after 1-1-1992)
Manufacturer/Vendor Identification Number
Prs1
(For Notaries commissioned after 1-1-1992)
Place of Execution of this Declaration mOrtactik _
Date 17 79
S' nature(Firm name if any)
R747 1/92
0C. / lJ -/�
ty
, •M►' .• AD, IP
tip
%202•09' MEMORANDUM
DEVELOPMENT SERVICES DEPARTMENT
DATE: December 21, 1999
TO: City Council
FROM: Don Penman, Assistant City Manager/Development Services Director
By:t)Pete Kinnahan, Economic Development Administrator
L.
RE: Report and Recommendation to Approve the 1998-99 Redevelopment
Agency Annual Report to the State Controller and the State Housing and
Community Development Department
Summary
This matter was continued on December 7, 1999, to tonight's meeting.
The California Redevelopment Law requires the preparation of an annual report on an
Agency's financial transactions, including an audit, and a detailed report on the
Agency's activities in low/moderate income housing for the previous fiscal year (1998-
99). The report is to be forwarded by the Agency to the legislative body (City Council)
for review and transmittal to the State Controller prior to December 31, 1999.
'Staff recommends approval of the 1998-99 Annual Report (attachment) by the City
Council and authorization to transmit the report to the State Controller.
Discussion
The Agency annually submits a detailed report on the status of the Agency's previous
year's finances on forms provided by the State Controller. This year's report, as in
previous years, has been prepared by the Agency's audit firm, Lance Soil Lunghard
(LSL).
The housing component of the Annual Report has been prepared by both LSL (financial
section) and the staff (housing projects/programs).
Financial Impact
The report must be submitted to the State by December 31, 1999, to avoid financial
penalty of$10,000.
LASER IMAGED
��`` (,/‘) . /A,
4 4
4 , ; ,t
t y
A
Arcadia Development Agency
December 21, 1999
Page 2
Recommendation
It is recommended that the City Council approve the Report and authorize staff to
forward it to the State Controller.
V�1 �
Approved: City Manager
- "ANNUAL REPORT OF HOUSING ACTIVIT'�
OF COMMUNITY REDEVELOPMENT AGENCIES
• FOR FISCAL YEAR ENDED 6 / 30 / 99
Agency Name and Address: County of Jurisdiction:
Arcadia Redevelopment Agency Los Angeles
City Hall
P.O. Box 60021
Arcadia, CA 91066
Redevelopment agencies must report annually on their housing activities and maintenance and use of the Low&Moderate Income
Housing Fund(Health and Safety Code Section 33080.1). A copy of this report must be filed with the Department of Housing and
Community Development(HCD)(Section 33080.3). HCD must compile and publish annually a report of redevelopment agencies'
housing activities(Section 33080.6).
Please answer each of the following questions in order to determine which HCD Schedules your agency must prepare to provide a
complete report of housing activity and fund balances for the reporting period.
i. How many adopted project areas did the agency have during the reporting period? 1
If one or more,prepare and submit a separate copy of SCHEDULE HCD-A for each adopted project area.
if none,do not submit Schedule HCD-A.
2. Did the agency conduct any housing activity outside of adopted redevelopment project areas during the reporting period?
❑ Yes.Prepare and submit one copy of SCHEDULE HCD-B for the agency.
E No. Do not submit Schedule HCD-B.
3. Did the agency have any adopted project areas,or any funds in the Low&Moderate Income Housing Fund during the
reporting period?
® Yes.Prepare and submit one copy of SCHEDULE HCD-C for the agency.
❑ No. Do not submit Schedule HCD-C.
•
4. Were any housing projects completed during the reporting period?
❑ Yes.Prepare and submit all applicable HCD Schedules Dl-D7 for each housing project completed and an HCD Schedule
El summarizing all housing projects completed.
la No. Do not submit HCD Schedules D1-D7 or HCD Schedule El.
To the best of my knowledge the representations made in the above statement and the disclosures contained in the HCD Schedule(s)
submitted herewith are true and correct.
Don Penman tsi
Date Signature of Authorized Agency Representative
Deputy Executive Director/
Development Services Director
Title
626-574-5414
Telephone Number
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-Cover
Cover(9/23/99) Page 1 of 1
SCHEDULE HCD-A
Project Area Activity
for Fiscal Year Ended 6 / 30/ 99
Agency Name: Arcadia Redevelopment Agency Project Area Name: Central (Downtown)/Project
Preparer's Name,Title: Peter Kinnahan, Econ. Dev. Adm. Preparer's E-Mail Address: pkinnahan @ci.arcadia.ca.us
Preparer's Telephone No: 626-574-5408 Preparer's Facsimile No: 626-447-3309
General Information
1. a Year plan for project area was adopted: 1974 Current expiration of redevelopment plan: 1 / 25 / 14
mo day yr
b. If project area name has changed, give previous name(s) or number: NA
c. Year(s)project areas merged: NA ,
Project areas merged:
d. Year(s)real property was: (1.) added: NA , , (2.) removed: NA ,
2. Project areas adopted, and areas added by amendment, after 12/31/75 are subject to section 33413. All other project areas
are subject to Section 33413(a),effective 111/96,with respect to housing activity specified in Section 33413(d). An agency
may elect to make all or part of Section 33413 apply to a project area for which a plan was adopted before 1/1/76. If the
redevelopment plan for the subject project area was adopted before 1/1/76, and the agency has elected to apply all or part of
Section 33413,provide the date and scope of the resolution.
Date: / / ; Scope: NA
mo day yr
Project Area Housing Fund Revenues and Other Sources
3. Report all revenues and other sources of funds from this project area which accrued to the agency's Housing Fund this
reporting year. Any income related to agency-assisted housing located outside the project area(s) should be reported as
"Other Revenue" on line 3j. (of this Schedule A), if this project area is named as beneficiary in the authorizing resolution.
Any other revenue sources not reported on lines 3a.-3i., should also be reported on line 3j.
Enter the full 100% of gross tax increment allocated(prior to any pass through and deduction for fees)on line 3a(1).
Calculate 20%of gross tax increment and enter the amount on line 3a(2). To determine the amount of Tax Increment
deposited to the Housing Fund(line 3a(6)), subtract allowable exempted (line 3a(4)) or deferred (line 3a(5))amounts from
the Tax Increment Allocated to Housing Fund(line 3a(3)).
NOTE:
Expenditures for debt service should be reported on Schedule HCD-C (Page 2,Line 3c.).
Dollar amounts for items HCD-A Iines 3a.-3f. and 3i. (where an italicized line number is noted in parentheses) can be
taken directly from that line number on the State Controller's Annual Report of Financial Transactions of
Community Redevelopment Agencies,Project Area Income Statement, except for the reclassifying of Transfers-In
from Internal Funds and the reporting of Other Sources as discussed below.
Transfers-In from other internal funds: The specific sources of transferred funds must be reported in items HCD-A
lines 3a.-j. For example: transfers into the Housing Fund from the Debt Service Fund for the deposit of the 20%
setaside should be reported on line 3a(3).
Other Sources: Non-GAAP revenues such as land sales for those Agencies using the Land Held for Resale method to
record land sales should be reported on HCD-A line 3d. Money received for the repayment of loan principal to the
Housing Fund should be included on HCD-A line 3h.
California Redevelopment Agencies-Fiscal Year 1995-99 HCD-A
Sch A(9/23/99) Page 1 of 5
ti
,ccncy Name: Arcadia Rede✓el( 1-It Agency Project Area Nan', 'e"tr21 (Downtown)/Project
•
3. a. Tax Increment:
1412,'
(1) l00% of Gross (line 1E): S
(2) Minimum Deposit to Housing Fund (Line 3a(1) x 20%): S
(3) Tax Increment Allocated to Housing Fund * 5
Less:
(4) Amount Exempted(if there is an amount exempted, also
complete question 144 (HCD-A, Page 3 of 5): (5 )
(5) Amount Deferred (if there is an amount deferred, also
complete question 415 (HCD-A, Page 3 of 5): (5
(6) Tax Increment Deposited to Housing Fund [actual amount deposited,Lines 3a: (3)- (4)-(5)] S
* If less than 20% of the Gross Tax Increment(see 3a(2) above) is being set aside in
this project area in accordance with Section 33334.3(i); identify the project area(s)
contributing the difference:
* Explain below if less than 20% is being set aside for any other reason:
b. Interest Income(line 5): S
c. RentaULease Income (lines 6+ 7): S
d. Sale of Re4. Estate(line 8): S
e. Grants (lines 9 + 10): S
f. Bond Administrative Fees(line 11 ): S
g. Deferral Repayments: S
h. Loan Repayments: S
i. Debt Proceeds (line 39): S
j. Other Revenue(Specify) S
k. Total Housing Fund Deposits for this Project Area
(add 3a(6). through 3j.): S
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-A
Sch A(9/23/99)
Page 2 of 5
During fiscal year 1998-99, the State Department of Housing and Community Development again made substantial changes to its reporting forms. the information
which follows has been abstracted from the State Controller's Report In an effort to assist you in the preparation of the various financial schedules of the HOD
• report. It is not all inclusive as HCD uses different expenditure classification and requires additional computations. Please review it carefully and make any
changes you deem necessary.
Central XXXXXX XXXXXX XXXXXX XXXXXX XXXXXX
Redevelopment
ARCADIA REDEVELOPMENT AGENCY Project
HCD-A Reporting Form-One form required for each project area
Computed percentage deposited in the
Low and Moderate Housing Fund 20.00% None None None None None
(if less than 20% you must indicate actual % on form)
Line 3.
a. Tax Increment
(1) 100% of Gross $ 2,589,662 $ 0 $ 0 $ 0 $ 0 $ 0
(2) Minimum Deposit to Housing Fund (line 1 x 20%) $ 517,932 $ 0 $ 0 $ 0 $ 0 $ 0
(3) Tax Increment Allocated to Housing Fund (Actual) $ 517,932 $ 0 $ 0 $ 0 $ 0 $ 0
Less: 0
(4) Amount Exempted -Complete HCD-A Pg 3 of 5 ( 0 ) ( 0 )( 0 ) ( 0 ) ( 0 ) ( 0
(5) Amount Deferred-Complete HCD-A Pg 3 of 5 ( 0 ) ( 0 ) ( 0 )( 0 ) ( 0 )
(6) Tax Increment Deposited to Housing Fund $ 517,932 $ 0 $ 0 $ 0 $ 0 $ 0
(if current deferral is present it will be part
of increment -subtract it and enter on the
"Deferred Repayments Line" below.)
b. Interest Income (line 5) 27,124 0 0 0 0 0
c. Rental/Lease Income (lines 6 + 7) 0 r 0 0 0 0
d. Sale of Real Estate (line 8) 0 0 0 0 0
e. Grants (lines 9 + 10) 0 0 0 0 0 0
f. Bond Administrative Fees (line 11) 0 0 0 0 0
g. Deferral Repayments
h. Loan Repayments
I. Debt Proceeds (line 39) 0 0 0 0 0 0
j. Other Revenue (Specify)
Gain on Land Held for Resale 0 0 0 0 0 0
Other taxes (TOT, Sales tax, Etc.) 0 0 0 0 0 0
Sale of fixed assets 0 0 0 0 0 0
Other revenue-detail on HCD report forms 646 0 0 0 0 0
Transfers in -detail on HCD report forms transfer purpose 0 0 0 0 0 0
I. Total L & M Deposits _ $ 545,702 $ 0 $ 0 $ 0 $ 0 $ 0
a_ encv;game; Arcadia Redeve7 rent Agency Project Area Nan{ .Central (Downtown)/Project
•Exemntion(s) NA
4. a. If you are claiming an exemption from making the minimum 20% set-aside, indicate the reason. Check only one of the
below Health and Safety Code Section boxes:
❑ Section 33334.2(a)(1): No need in community to increase/improve supply of lower or moderate income housing.
❑ Section 33334.2(a)(2): Less than 20% set-aside is sufficient to meet the need.
❑ Section 33334.2(a)(3): Community is making substantial effort equivalent in value to 20% set-aside and has specific
contractual obligations incurred before May 1, 1991 requiring continued use of this funding.
When was the initial finding adopted? / /
mo day yr
Identify Resolution# Date Resolution sent to I-ICD: / /
mo day yr
Note: Pursuant to Section 33334.2(a)(3)(C), this exemption expired on June 30, 1993.
❑ Other: Specify code section and reason:
b. When was current year finding adopted for any exemption claimed in 4.a.? / /
mo day yr
Identify Resolution# Date Resolution sent to HCD: / /
mo day yr
Deferral(s)
5. a. If you are deferring the set-aside, indicate the reason. Check only one of the below Health and Safety Code Section boxes:
® Section 33334.6(d): Project was adopted before 1977 and tax increments are needed to meet existing debts.
When was the initial finding adopted? 7 / 15 / 86
mo day yr
Identify Resolution# 97 Date Resolution sent to HCD:
mo day yr
Note: The previous allowable deferral under Section 33334.6(e) expired. It was only
allowable in each fiscal year prior to July 1, 1996 with certain restrictions.
❑ Other: Specify code section and reason:
b. When was current year finding adopted for any deferral claimed in 5.a.? / /
mo day yr
Identify Resolution# Date Resolution sent to HCD:
mo day yr
c. A deferred set-aside pursuant to Section 33334.6(d)constitutes an indebtedness to the Housing Fund equal to the amount of
the set-aside being deferred. Summarize the amount(s) of set-aside deferred during this fiscal year and cumulatively:
Fiscal Year Amount Deferred Amount of Prior FY Cumulative Amount
During FY Deferrals Repaid Deferred(Less Any
During FY Amount Repaid)
97/98 S ; _ � " S
98/99 S S I S
* The cumulative amou nt of deferred set-aside should also be shown on Line 5b. of Schedule HCD-C, Page 3 of 8.
If the FY 97/98 cumulative deferral shown here differs from what was reported on the last HCD report, indicate the
amount of difference and the reason:
Difference: S Reason:
California Redevelopment Aeencies-Fiscal Year 1998-99 HCD-A
Sch A(9123199) Page 3 of 5
Y r
Agency Name: Arcadia Redevelo. nt Agency Project Area Name ntral (Downtown) /Pro eat
Deferral(s) Line 5 (continued)
d. Section 33334.6(a) requires any agency which defers set-asides to adopt a plan to eliminate the deficit in subsequent years.
If this agency has deferred set-asides, has it adopted such a plan? Yes I No ❑
If yes, by what date is the deficit to be eliminated? 1 / 25 / 24
mo day yr
If yes,when was the original plan adopted for the deferral claimed? 6 /21 / 88
mo day yr
Identify Resolution #136 Date Resolution sent to HCD
mo day yr
When was the last amended plan adopted for the deferral claimed? 10 / 21 / 96
mo day yr
Identify Resolution 417 8 Date Resolution sent to HCD _j 2 / r;
mo day yr
Housing Units Lost and Households Displaced
Pre 1976 Agency
6. a. Pursuant to Sections 33050.4(a)(l) and (a)(3),report the number of dwelling units and bedrooms destroyed or removed
from this project area as a result of redevelopment activities;the number of above moderate units or bedrooms the agency is
not required to replace; and the income category and type of households permanently displaced from the project area during
the fiscal year.
Income Level VL L M AM Total
Households Permanently Displaced -Elderly
Households Permanently Displaced - Non Elderly
Households Permanently Displaced -Total
Units Lost (Removed or Destroyed, and Required to be Replaced)
Bedrooms Lost (Removed or Destroyed, and Required to be Replaced)
Units Lost (Above Moderate: Not Required to be Replaced)
Bedrooms Lost (Above Moderate: Not Required to be Replaced) 4�
b. Pursuant to Sections 33080.4(a)(l) and (a)(3),report the number of households permanently displaced as a result of
redevelopment activities other than the destruction or removal of dwelling units and bedrooms from this project area; and
the income category and type of households displaced from the project area during,the fiscal year.
Income Level VL L M AM Total
Households Permanently Displaced -Elderly
Households Permanently Displaced - Non Elderly
Households Permanently Displaced -Total
c. Identify each replacement housing plan adopted that is related to permanent displacement, destruction or removal of
dwelling units or bedrooms during the fiscal year and identified in paragraphs in 6a. and 6b. as follows:
Date / / Name of Agency Custodian
mo day yr
Date / / Name of Agency Custodian
mo day yr
Date / / Name of Agency Custodian
mo day yr
Please attach a separate sheet of paper listing any additional housing plans adopted.
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-A
Sch A(9/23/99) Page 4 of 5
Agency ldame: Arcadia Redeveh,_ iant Agency Project Area Nan' _' Central (Downtown)/Project
7. a. As required in Section 33080.4(a)(2), estimate the type and number of households,by income category,to be permanently
displaced from this project area during the next reporting period (Fiscal Year 1999-2000):
Income Level VL L M AM Total
Households Permanently Displaced -Elderly
Households Permanently Displaced - Non Elderly
Households Permanently Displaced -Total
b. Identify each replacement housing plan adopted that is related to permanent displacement, destruction or removal of
dwelling units or bedrooms during the net reporting period and identified in paragraph 7a. as follows:
Date / / Name of Agency Custodian
mo day yr
Date / / Name of Agency Custodian
mo day yr
Date / / Name of Agency Custodian
mo day yr
Please attach a separate sheet of paper listing any additional housing plans adopted.
S. Pursuant to Section 33080.4(a)(10),report the number of very low, low, and moderate income units financed by any federal,
state, local, or private source to be constructed inside the project area,within the next two years,pursuant to an executed
contract or agreement. Also include the estimated completion dates of the units.
[DO NOT REPORT ANY UNITS SHOWN ON SCHEDULE HCD-B#3 OR SCHEDULE HCD-Ds. I
Name of Contractor/Project Execution Date I Estimated Date of Completion VL L M Total
Please attach a separate sheet of paper listing any additional housing plans adopted.
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-A
Sch A(9/23/99) - Page 5 of 5
Y i
SCHEDULE HCD-B
Activity Outside Project Area
for Fiscal Year Ended 6 / 30 / 99
Agency Name: Arcadia Redevelopment Agency Project Area Name: Central (13owritown)/Project
Preparer's Name, Title: Peter Kinnahan, Econ. Dev. Adm. Preparer's E-Mail Address: pkinnahan @ci.arcadia.ca.us
Preparer's Telephone No: 626-574-5408 Preparer's Facsimile No: 626-447-3309
Housing-Units Lost and Households Displaced
1. a. Pursuant to Sections 33080.4(a)(1) and (a)(3), report the number of dwelling units and bedrooms destroyed or removed
from outside the project areas as a result of redevelopment activities;the number of above moderate units or bedrooms the
agency is not required to replace; and the income category and type of households permanently displaced from outside the
project areas during the fiscal year.
Income Level VL L M AM Total
Households Permanently Displaced -Elderly
Households Permanently Displaced - Non Elderly
Households Permanently Displaced -Total
Units Lost(Removed or Destroyed, and Required to be Replaced) -- .
Bedrooms Lost (Removed or Destroyed, and Required to be Replaced) '
Units Lost (Above Moderate: Not Required to be Replaced) ter_ 'r
Bedrooms Lost (Above Moderate: Not Required to be Replaced)
b. Pursuant to Sections 33080.4(a)(1) and(a)(3),report the number of households permanently displaced as a result of
redevelopment activities other than the destruction or removal of dwelling units and bedrooms from outside the project
areas; and the income category and type of households permanently displaced from outside the project areas during the
fiscal year.
Income Level VL I L M AM Total
Households Permanently Displaced -Elderly
•
Households Permanently Displaced - Non Elderly
Households Permanently Displaced -Total
c. Identify each replacement housing plan adopted that is related to permanent displacement, destruction or removal of
dwelling units or bedrooms during the fiscal year and identified in paragraphs in 6a. and 6b., as follows:
Date / / Name of Agency Custodian
mo day yr
Date / / Name of Agency Custodian
mo day yr
Date / / Name of Agency Custodian -
mo day yr
Please attach a separate sheet of paper listing any additional housing plans adopted.
California Redevelopment Agencies-Fiscal Yar 1998-99 HCD-B
Sch B(9/23/99) Page 1 of 2
\.
�
A'ecncy Name: Arcadia Redevelc -nt Agency
2. a. As required in Section 33080.4(a)(2), estimate the type and number of households,by income category,to be permanently
displaced from outside the project area during the next reporting period (Fiscal Year 1999-2000):
Income Level VL L M AM Total
Households Permanently Displaced -Elderly
Households Permanently Displaced - Non Elderly
Households Permanently Displaced -Total
b. Identify each replacement housing plan adopted that is related to permanent displacement, destruction or removal of
dwelling units or bedrooms during the next reporting period and identified in paragraph 7a., as follows:
Date / / Name of Agency Custodian
mo day yr
Date / / Name of Agency Custodian
mo day yr
Date / / Name of Agency Custodian
mo day yr
Please attach a separate sheet of paper listing any additional housing plans adopted.
3. Pursuant to Section 33080.4(a)(10),report the number of very low, low, and moderate income units financed by any federal,
state, local, or private source to be constructed outside the project area,within the next two years,pursuant to an executed
contract or agreement. Also include the estimated completion dates of the units.
IDO NOT REPORT ANY UNITS SHOWN ON SCHEDULE HCD-A#8 OR SCHEDULE HCD-Ds.
Name of Contractor/Project I Execution Date Estimated Date of Completion VL L M I Total
•
•
Please attach a separate sheet of paper listing any additional housing plans adopted.
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-B
Sch B(9/23/99) Page 2 of 2
.1
SCHEDULE HCD-C
Agency-wide Activity
for Fiscal Year Ended 6 / 30 / 99
Agency Name: Arradi a P cievel op'nent Agency
Preparers Name,Title: Jerry Parker.. . •. .•.• • - • ?:- : Preparers E-Mail Address:jparker @ci.arcadia.ca.us
Preparer's Telephone No: 626-574-5426 Preparer's Facsimile No: 626-447-4986
Low & Moderate Income Housing Funds /tee, f"� ��u' , c
Report on the "status and use of the agency's Low and Moderate Income Housing Fund," including information developed to comply
with Sections 33080.4(a)(6) and (a)(8). Information reported here should be based on that reported to the State Controller.
1. Beginning Balance
(Must equal line 4, "Net Resources Available" from last year's HCD-C form): S
If Beginning Balance is not the same as Line 4 from Schedule HCD-C,Page 2 of 5, for FY 97/98,
indicate the:
Amount of the adjustment(indicate whether positive or negative): S
Reason(s) for each difference:
Adjusted Beginning Balance(Beginning Balance plus or minus the adjustment): S
2. Resources:
a. Total Resources From Project Areas:
(Sum of amount(s) from line 3k. on Schedule HCD-A(s)): S
b. Other resources not reported on Schedule HCD-A(s)
(Specify: ): S
3. Subtotal of Expenditures and Other Uses (total of HCD-C,pages 2-3, lines 3a.-k.below): (S )
NOTE:
The line items below were expanded to include specific line items from the State Controller's Annual Report of
Financial Transactions of Community Redevelopment Agencies to facilitate preparation of the report.
Dollar amounts for items where an italicized line number is noted in parentheses can be taken directly from the line
number(s) on the State Controller's Annual Report of Financial Transactions of Community Redevelopment Agencies,
Consolidated Income Statement, except for reclassifying of Transfers-Out to Internal Funds and the reporting of
Other Uses as discussed below.
Transfers-out to other internal funds: The specific use of transferred funds must be reported on HCD-C lines 3a.-k.
For example: transfers from the Housing Fund to the Debt Service Fund for the repayment of debt should be reported
in line 3c. Any transfers out of the Agency(for example: the transfer of excess surplus funds to the Housing
Authority)should be reported in line 3j(3).
Other Uses: Non-GAAP expenditures such as land purchases for those Agencies using the Land Held for Resale
method to record land purchases should be reported on HCD-C line 3a(1). Money spent on loans from the Housing
Fund should be included in lines 3b.,3f.,3g. and 3h. as appropriate.
ALWAYS REFER TO THE COMMUNITY REDEVELOPMENT LAW TO DETERMINE THE
APPROPRIATENESS OF EXPENDITURES FROM THE LOW AND MODERATE INCOME HOUSING FUND.
HCD IS NOT REPRESENTING THAT ALL IDENTIFIED EXPENDITURES ARE ALLOWABLE
EXPENDITURES OR USES.
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-C
Sch D(9/21/99)
Page 1 of S
•
(Italic line references refer to State Controller's Report Project Income Statement)
HCD-C Reporting Form-One form required for Agency All Project
Areas
Line 1.
Beginning Balance per Controller's Report $ 5,083,731
Adjustments: Balances as of Prior Year
Reserve for Land Held for Resale
Reserve for Loans (Rehabilitation & ERAF)
Deferred set-aside 4,573,654
Residual receipt loans
Other unavailable amounts
Calculated Beginning Balance $ 510,077
Beginning Balance(From last HCD-C)
Total Available Balance from Lime 4 of 1997-98 HCD-C $ 510,077
Adjustment to opening balance
To agree with prior year Controller's Report $ 0
Current year adjustments (reason below) $ 0
Reason:
Line 2.
a. Total Resources From Project Areas:
From - HCD-A Forms (See Total Above) $ 545,702
b. Other Resources (all should be detailed on Sch. C)
0
Line 3.
Total Expenditures (Per Controller's Report) ( $ 4,275 )
Agency Name: cari pedp,ra1 ,,,r Age,,,.,, i
3. Subtotal of Expenditures and Other Uses (continued)
a. Property Acquisition:
Acquisition of Property/Building Sites (33334.2(e)(1))& Housing Acquisition (33334.2(e)(6)):
(1) Real Estate Purchases (Line 17): S
(2) Acquisition Expense (Line 20): S
S �
,e,
(3) Operation of Acquired Property (Line_1):
(4) Relocation Costs (Line 22):
(5) Relocation Payments (Line 23): S
(6) Site Clearance Costs (Line 24): S
(7) Disposal Costs (Line 26): 5
(8) Other(Specify) • S
Property Acquisition Subtotal: S
b. Subsidies from the LMIHF:
(1) 1st Time Homebuyer Down Payment Assistance: S
(2) Rental Subsidies: S
(3) Purchase of Affordability Cov. (33413(b)2(B): S
(4) Other(Specify) • S
Subsidies Subtotal to LMIHF (line 31): S
c. Debt Service (33334.2(e)(9)):
(1) Debt Principal Payments:
(a) Tax Allocation,Bonds &Notes: S
(b) Revenue Bonds &Certificates of Participation: S
(c) City/County Advances&Loans: S
(d) U. S. State&Other Long-Term Debt: S
(2) Interest Expense (Line 29): S
(3) Debt Issuance Costs (Line 31.1): S
(4) Other(Specify) • S
Debt Service Subtotal: S
d. Planning and Administration Costs (33334.3(e)(1)):
(1) Administration Costs (Line 14c): S
(2) Professional Services(not project based) (Line 15c): S
(3) Planning, Survey/Design(not project based) (Line 16c): S
(4) Indirect Nonprofit Costs (33334.3(e)(1)(B)):
(5) Other(Specify) S
Planning and Administration Costs Subtotal: S
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-C
Sch C(9/21/99) Page 2 of 8
The State Controller Expenditure Categories are shown In italic. Other types of Amounts listed as "Unknown" cannot be deternhlneo rrurn Wu
expenditures may be included which are more properly shown in other categories. State Controller's Report. You may have to break these arnourris
Therefore, you must review these to ensure they are properly classified. out of the information listed.
. a. Property Acquisition
(1) Real Estate Purchases (Line 17) $ 4,275 h. Maint. Mobilehome Parks (33334.2(e)(10)) Unknown
(2)Acquisition Expenses (line 20) 0 I. Preserv. of At-Risk Units (33334.2(e)(11)) Unknown
-
(3)Operation of Acquired Property (Line 21) 0
(4) Relocation Costs (line 22) 0 j. Transfers Out of Agency
(5) Relocation payments (line 23) 0 Per Controller's Report-
(6) Site Clearance Costs (line 24) 0 Breakdown into Categories below $ 0
(7) Disposal Costs (line 26) 0
(8) Other (need to specify on report) (1) For Use Outside Community (33334.17) $ 0
Loss on Disposition of Land Held (line 26.1) 0 (2) For Transit Village Development Plan (33334.19) 0
Decline in Value of Land Held (Line 26.2) 0 (3) Excess Surplus (33334.12(a)(1)(A)) 0 0
Other 0 0 (4)Other(cite code section) 0 P
Property Acquisition Subtotal: $ 4,275
k. Other(specify on HCD form) 0
b. Subsidies from the LMIHF: Other expenditures
Subsidy to Low& Moderate housing 0
Change in Rehab. Loan Reserve - New Loans 0 Line 4. Net Resources Available $ 1,05:, 1
- (Breakdown into categories below)
(1) 1st Time Homebuyer Down Assistance $ 0 Line 5. Other Housing Fund Assets (Input amounts in columns to right)
(2) Rental Subsidies 0 ** a. Value of land purchased and held 0
(3) Purchase of Affordability Cov. (33413(b)2(B)) 0 ** b. Indebt. for set-asides deferred 4,573,654
(4) Other(need to specify on report) 0 ** c. Loans receivable for housing rehabilitation 0
Subsidies Subtotal to LMIHF: -$ 0-** d. Residual receipt loans ti-
** e. ERAF Loans Receivable(all years) 0
c. Debt Service ** f. Other Assets — -0-
(1) Debt Principal Payments:
(a)Tax Allocation, Bonds & Notes (line 33) $ 0
(b) Revenue Bonds & COP (line 34) 0 Line G. Total Fund Equity (43 + 5a. Through 5f.) $ 5,625,158
(c) City/County Adv. & Loans (line 35) 0
(d) U.S. State & Other LTD (line 36) 0 $ 0 Line 7.Total Equities -Line 39c of Controller's Report $ 5,625,158
(2) Interest Expense (line 29) 0 $ 0
(3) Debt Issuance Costs (line 31.1) 0 Difference (Must be Zero)
(4)Other(need to specify on report) 0
Debt Service Subtotal: $ 0
** (Note:Changes In these amounts from last year must be included In
d. Planning and Administration Costs: rev./exp.amounts to have HCD-C line 7 agree with line 39 column C -
(1)Administration Costs (line 14) $ 0 of the Controller's Report Consolidated Balance Sheet) I
(2) Professional Services (line 15) 0
(3) Planning, Survey/Design (line 16) 0 Excess Surplus Unencumbered Balance
(4) Indirect Nonprofit Costs (33334.3(e)(1)(B)) 0 1. Unencumbered balance from line 6. $ 510,077
(5)Other(need to specify on report) 0 2. Adjustments: $ 0 $ 510,077
Fixed asset acquisitions 0 Bond Proceeds
Planning and Administration Costs Subtotal: $ U (We have assumed that all amts.with trustee are unspent
proceeds.This may not be correct and the amount may require
adjustment.) .
e. On/Off-Site Improvements (33334.2(e)(2)) (You must provide this information. Enter as a negative number. 0
Project improvement costs 0 Land Sales (See Section 33334.12(g)(3)(A) $
f. Housing Construction (33334.2(e)(5)) Unknown $ 510,077
g. Housing Rehabilitation (33334.2(e)(7)) 0 3. Adjusted Balance: -
Rehabilitation costs 0 As adjusted balance is less than $1,000,000; therefor 11u---
Rehabilitation grants 0 excess surplus exists.
P
a
I
Agency Name: Arcadia Redevelol: :c Agency F
3. Subtotal of Expenditures and Other Uses (continued)
e. On/Off-Site Improvements (333342(e)(2)): S
f. 1-lousing Construction (33334.2(e)(5)): S
g. Housing Rehabilitation (33334.2(e)(7)), (Line 270: $
h. Maintenance of Mobilehome Parks (33334.2(e)(10)): $
i. Preservation of At-Risk Units (33334.2(e)(i 1)): S
j. Transfers Out of Agency:
(1) For Use Outside Community (33334.17) $
(2) For Transit Village Development Plan (33334.19): $
(3) Excess Surplus (33334.12(a)(l)(A)): S
(4) Other(cite code section authorizing the transfer): S
Code Section
Total Transfer Out of Agency: $
k. Other(Specify): S
4. Net Resources Available (End of Year [1.+2a.+2b.-3a-k1): $
5. Other Housing Fund Assets (not included on Line 4, above):
a. Value of Land Purchased with Housing Funds and Held for
Development of Affordable Housing $
b. Indebtedness for Set-asides Deferred(Sec. 33334.6): $
c. Loans Receivable for Housing Activities $
d. Residual Receipt Loans $
e. ERAF Loans Receivable(all years) (Sec.33681): $
f. Other Assets(Specify): $
6. Total Fund Equity (4.+5a. through 5£): $
This line must equal line 39c. of the Balance Sheet on the State Controller's Annual Report of Financial Transactions of
Community Redevelopment Agencies.
7. Total Equities
(Enter line 39c. from the State Controller's Balance Sheet): TFIIS LINE MUST EQUAL LINE 6. $
Excess Surplus
Pursuant to Section 33080.7,report any excess surplus funds (as defined in Section 33334.12(G)(1)). Excess surplus exists for
the current reporting year if the Adjusted Balance(Schedule HCD-C,Page 3 of 5, line item 9b.(3)) of your agency's 1997/98
reporting. forms exceeds the greater of 51,000,000 or the aggregate amount of tax increments deposited into the Fund during
the prior four fiscal years. (See the table in Schedule HCD-C,Page 4 of 8, line 8a., for this reporting year).
"Encumber" means committing funds pursuant to a legally enforceable contract or agreement for expenditure for authorized
redevelopment housing activities (Section 33334.12(2)(2)). In accordance with Section 33334.12(g)(3)(A) and(B),the
unencumbered balance may be adjusted to account for any remaining revenue added from debt proceeds and the difference
between the sales price of land for affordable housing and its fair market value.
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-C
Sch C(9/21/99) Page 3 of 8
•
r
Agency i`amc: Arcadia Redeve16_ `:nt Agency
8. Excess Surplus (continued):
a. Fill in the following table to calculate and track your agency's excess surplus amounts for each fiscal year since FY 94/95.
Aount Expended
Sum of Deposited and Encumbered in
Total Tax Tax Increment in Excess Surplus FY 98/99 Against . Remaining Excess
Increments Housing Fund Balance for Each Each Fiscal Year's Surplus for Each
Fiscal Deposited in From Previous Adjusted Fiscal Year as of Excess Surplus as of Fiscal Year as of
Year Housing Fund Four FYs Balance 7/1/98 6/30/99 6/30/99
as of 7/1/98 *
$ $ S
94-95 $ -x� }
....a wi. ... •... .... ..- a __T
'. i t "'S ^3.g :
19 f K• F t } $ $ S
9596 $ ▪ � > �
Y,t ti
96-97 S z ,
z 0
Y z
*9798 $ ▪ `` $ $ $
a�„98-99 " ,, S S S $ S '
.y. .. _,'.�9< hew. ..,
LAdjusted Balance at the beginning of FY`98-99 is equal to the amount reported last year on HCD-C, Page 3 of 5, line 9b(3).
b. Are you eligible to adjust the Unencumbered Balance(End of Year)? If yes, identify the type and amount of the adjustment
below in lines (4)(a). and(4)(b).:
(1) Net Resources Over(Under)Expenditures and Uses(from line 4 on previous page): $
(2) Total Encumbrances (End of Year)-see Section 33334.12(g)(2)for a defmition. (Amount of line 8b(1)
(above))encumbered per agreement or contract): S
(3) Unencumbered Balance(End of Year[8b(1)- 8b(2)]) S
Breakdown of Unencumbered Balance(End of Year):
(a)Unencumbered Designated (portion of line 8b(3)) S
(b)Unencumbered Undesignated (portion of line 8b(3)) S
(4) Less Adjustments:
(a)Debt Proceeds (33334.12(g)(3)(B)): $
NOTE: ONLY INCLUDE THE UNSPENT PORTION OF DEBT PROCEEDS AND INCOME RELATED
THERETO REMAINING IN THE HOUSING FUND AT THE END OF THE REPORTING YEAR.
(b) Land Sales(33334.12(g)(3)(A)): $
(5) Adjusted Balance: This will be the 7/1/99 adjusted balance used to calculate next year's excess $
surplus.
c. If you reported an excess surplus for the current reporting year,briefly summarize the agency's plan (authorized in Section
33334.10) for encumbering or expending that amount:
d. If plan described in 8c.was adopted, enter the date the plan was adopted: / /
mo day yr
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-C
Sch C(9/21/99) Page 4 of 8
Agency Name: Arcadia Redevel. tnt Agency
Miscellaneous Uses of Funds
9. If an amount is reported in 3e.,pursuant to Section 33080.4(a)(6), report the total number of very low-, low-, and moderate-
income households directly benefited from expenditures for onsite/offsite improvements,which resulted in new construction,
rehabilitation, or the elimination of health and safety hazards. (If line 3e. of this schedule does not show expenditures for
improvements,no units should be reported here.)
Income Construction ?Rehabilitation Health and Safety Duration of Deed Restriction
Level
Very Low
Low
Moderate
10. If the agency is holding land for fut re housing development(see 5a., above), summarize here the sites held, including acreage,
date of purchase, zoning, and anticipated start date for the housing development.
Site Name/Location* No. of Zoning Purchase Date Estimated Date Comments
Acres Available
Currently used for
E. Alta Street 16,000SF PR-3 Downtown parking
Please attach a separate sheet of paper listing any additional sites not reported above.
11. Section 33334.13 requires agencies which have used the Housing Fund to assist mortgagors in a homeownership mortgage
revenue bond program, or home financing program described in that Section,to provide the following information:
a. Has your agency used the authority related to definitions of income or family size adjustment factors provided in Section
33334.13(a)?
Yes❑ No ❑ Not Applicable ❑
b. Has the agency complied with requirements in Section 33334.13(b) related to assistance for very low-income households
equal to twice that provided for above moderate-income households?
Yes ❑ No ❑ Not Applicable ❑
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-C
sch C(9121/99) Page 5 of 8
Agency Name: Arcadia Redevel _ ent Agency
12. Did the Agency use non-LM1HF funds as matching funds for the Federal HOME or HOPE program during the reporting period?
YES ❑ NO ❑
If yes,please indicate the amount of non-LMIHF funds that were used for either HOME or HOPE program support.
HOMES HOPE S
13. Pursuant to Section 33080.4(a)(11),the description of the agency's activities shall include the date and amount of all deposits
and withdrawals of moneys deposited to and withdrawn from the LMIHF during the reporting period. The deposit and
withdrawal information must be kept and promptly submitted to HCD upon request and made available to any member of the
public upon request.
Has your agency made any deposits to or withdrawals from the LMIHF? Yes ❑ No ❑
If yes, identify the document(s) describing the agency's deposits and withdrawals by listing for each document,the following
(attach additional pages as necessary):
Name of document:
Date of document: / /
mo day yr
Name of Agency Custodian:
Custodian telephone number:
Where to obtain a copy:
Name of document:
-Date of document:
mo day yr
Name of Agency Custodian:
Custodian telephone number:
Where to obtain a copy:
Achievements
14. Please briefly describe one outstanding or innovative project,practice, or program the agency participated in during this
reporting period to increase,improve or preserve the community's affordable housing supply. Provide the following information
along with the program or project description:
a. Name of Project or Program:
b. Contact Person:
c. Telephone Number(contact person)
d. Description:
Owner/Developer:
Management Entity:
Architect:
Contractor:
Funds Utilized: (Sources)Type:
❑ Construction ❑ Permanent Loan/Grant ❑ Land Lease ❑ Other
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-C
Sch C(9/21/99)
Page 6 of 8
Agency Name: Arcadia Redevel_ . , nt Agency
Development Type:
❑ Rental Nev: Construction,
❑ Rental Rehabilitation Only
❑ Rental Acquisition &Rehabilitation
❑ New Construction of For Sale Units
❑ Owner Occupied Rehabilitation
❑ Mortgage Assistance of For Sale Units:
❑ 1S'Time Homebuyers
❑ Other Assistance
❑ Other
Resident Profile (State Income Levels) and Special Needs Designations: Income Range
Very-low Income S S
Low Income S S
Moderate Income S S
Above Moderate Income S S
• DISABLED (MENTAL) # FARMWORKER (PERMANENT) # TRANSITIONAL HOUSING
• DISABLED (PHYSICAL) # FEMALE HEAD OF HOUSEHOLD # ELDERLY
# FARMWORKER (MIGRANT) # LARGE HOUSEHOLDS # EMERGENCY SHELTERS
(4 or more Bedrooms)
Density(units per Acre):
Development/Residential (Income Levels)Profile
Number of Units:
Type Size(sf) Rental Rate VLOW LOW MOD AMOD Total No/Units
1 BR
2 BR
3 BR
4 BR
TOTAL
Funding:
Source=CDBG,HOME,LIHTC,MRB (Specify)
Type=Construction,Permanent Loan/Grant Land Lease or Other(Specify)
Source Amount Type
S
S
S
S
S
S
Construction Type: (e.g., conventional. family. two story,manufactured housing etc.)
Development Costs:
Property Acquisition S
Infrastructure S -
Construction S
Public Fees S _
Project Reserves S
Other Costs S
Total Development Costs S
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-C
Sch C(9/21/99) Page 7 of 8
Agency N'amc: Arcadia Redevel& int Agency
e. Services provided:
f. Nature and extent of the Agency's role:
g. Brief History:
Housing need or problem addressed:
Successful aspects:;
Unusual features:
Problems encountered:
Lessons learned:
Several agencies will be selected to receive a"Director's Award for Housing Development Excellence". This award will
highlight the important role of redevelopment agencies in addressing California's housing problems. Agencies will be selected
based upon the description of an exemplary project or program and in consideration of the leadership role of the agency,the
creativity or innovative nature of the project or program,and the overall merit of the project or program in addressing an
identified housing problem or need.
Use of Other Redevelopment Funds for Housing
15. Please briefly describe the use of any non-LMIHF redevelopment funds (i.e., contributions from the other 80%of tax increment
revenue)to construct,improve, assist, or preserve housing in the community.
Resource Needs
16. What additional training, information, authority, or other resources would help your agency more quickly and effectively use its
Housing Funds to increase, improve, and preserve affordable housing?
California Redevelopment Agencies-Fiscal Year 199S-99 HCD-C
Sch C(9/21/99)
Page 8 of 8
SCHEDULE HCD-D1
r ,
GENERAL PROJECT INFORMATION
A separate Schedule HCD-D1 and all applicable Schedules HCD-D2-D7 must be completed for each Housing Project.
Agency: Arcadia Redevelopment Agency
Redevelopment Project Area Name, or "Outside": Central (Downtown)/Proj ect
Housing Project Name: None
Project Address:
Street: City: Zia:
Owner Name:
Total Project Units: Restricted Units: Unrestricted Units:
Total Project Bedrooms: # Restricted Bedrooms: # Unrestricted Bedrooms: #
For projects with no Agency assistance, do not complete any more of HCD-D1 or any of HCD-D2-D6. Only complete HCD-D7. f
For the fiscal year being reported, was the Annual Monitoring Report received?: ❑ YES ❑ NO
Was this Project a development identified in Government Code Section 65863.10(a)(2)? ❑ YES ❑ NO
Number of Units Not in Compliance (income/# of residents in unit):
Number of Bedrooms Not in Compliance (income/# of residents in unit): #
Number of Units Restricted for Special Needs:
(Note: This number must not exceed"Total Project Units') —
Number of Units Restricted That are Serving One or More Special Needs: # ❑ Check, if data not available
(Note: A unit may serve more than one of the "Special Needs"listed below, therefore the sum of all "Special Needs"can
exceed the "Number of Units Restricted for Special Needs')
• DISABLED (Mental) # - FARMWORKER (Permanent) # TRANSITIONAL HOUSING
• DISABLED (Physical) # FEMALE HEAD OF HOUSHOLD # ELDERLY
# FARMWORKER (Migrant) # LARGE FAMILY # EMERGENCY SHELTERS
(4 or more Bedrooms) (allowable use only with "Other Housing
Units Provided- Without LMIHF"money)
Use Restriction Dates (enter appropriate dates):
Replacement Inclusionary Housing Units Other Housing Units Provided
Housing Units Inside Project Area Outside Project Area With LMIHF Without LMIHF
Inception
Termination
Funding Sources:
Redevelopment Funds:
Federal Funds $
State Funds: $
Other Local Funds: $
Private Funds: $
Owner's Equity: $
TCAC/Federal Award: $
TCAC/State Award: $
Total Development/Purchase Cost:
Check all appropriate form(s) listed below that will be used to identify all Project Units or Project Bedrooms:
❑ Replacement Housing Units Inclusionary Units: Other Housing Units Provided:
(Sch HCD-D2) ❑ Inside Project Area (Sch HCD-D3) ❑ With LMIHF (Sch HCD-D5)
❑ Outside Project Area (Sch HCD-D4) ❑ Without LMIHF (Sch HCD-D6)
❑ Without any Agency Assistance
(Sch HCD-D7)
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-D1
Crh T11 101)1100\
SCHEDULE HCD-D2
REPLACEMENT HOUSING UNITS
Agency: Arcadia Redevelopment Agency
Redevelopment Project Area Name, or "Outside": Central (Downtown)/Project
Housing Project Name: None
Check only one:
❑ Inside Project Area ❑ Outside Project Area
Check only one. If both apply, complete a separate form for each:
❑ Aaency Developed ❑ Non-Agency Developed
Check only one. If both apply, complete a separate form for each:
❑ Rental ❑ Owner-Occupied
Enter the number of replacement units and bedrooms for each applicable activity below:
A. New Construction Units:
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
1 Bedroom 2 Bedrooms
New Construction Bedrooms: VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
3 Bedrooms 4 or more Bedrooms Total Bedrooms
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
-
B. Substantial Rehabilitation Units:
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
L I
Substantial Rehabilitation 1 Bedroom 2 Bedrooms
Bedrooms: VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
II
3 Bedrooms 4 or more Bedrooms Total Bedrooms
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
C. Non-Substantial Rehabilitation Units:
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
I
Non-Substantial Rehabilitation 1 Bedroom 2 Bedrooms
Bedrooms: VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
I l
3 Bedrooms 4 or more Bedrooms Total Bedrooms
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
i I
TOTAL UNITS (Add totals of all shaded "Total Elderly/Non Elderly Units"):
If TOTAL UNITS is less than "Total Project Units"shown on HCD Schedule Dl, report the remainder as instructed on the next
page
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-D2
Page 1 of 2
Sch D2(9/21/99) �
Auency Name: 4rcadi a Redeye._rlaent Agency Housing Project N I\one
Check all appropriate form(s) listed below that will be used to identify remaining Project Units to be reported:
Inclusionary Units Other Housing Units Provided:
❑ Inside Project Area (Sch HCD-D3) ❑ With LMIHF (Sch HCD-D5)
❑ Outside Project Area (Sch HCD-D4) ❑ Without LMIHF (Sch HCD-D6)
❑ Without any Agency Assistance (Sch HCD-D7)
Identify the number of Replacement Units which also have been counted as Inciusionary Units:
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
•
•
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-D2
Sch D2(9/21/99) Page 2 of 2
SCHEDULE HCD-D3
INCLUSIONARY HOUSING UNITS (INSIDE PROJECT AREA)
Agency: Arcadia Redevelopment Agency
Housing Project Name: None
Check only one. If both apply, complete a separate form for each:
❑ Agency Developed ❑ Non-Aaency Developed
Check only one. If both apply, complete a separate form for each:
❑ Rental ❑ Owner-Occupied
Enter the number of units for each applicable activity below:
A. New Construction Units:
Elderly Units Non Elderly Units Total Elderly &Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
B. Substantial Rehabilitation Units (Jan 1, 1994 - Dec 31, 2000):
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
C. Substantial or Other Rehabilitation Units (Jan 1. 1976 - Dec 31. 1993):
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
D. Acquisition of Covenants (Only Multi-Family and Other Restrictions):
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
TOTAL UNITS (Add totals of all shaded "Total Elderly/Non Elderly Units"):
if TOTAL UNITS is less than "Total Project Units"shown on HCD Schedule D1,report the remainder as instructed below. J
Check all appropriate form(s) listed below that will be used to identify remaining Project Units to be reported:
❑ Replacement Housing Units ❑ Inclusionary Units (Outside Project Area) Other Housing Units Provided:
(Sch HCD-D2) (Sch HCD-D4) j❑ With LMIHF (Sch HCD-D5)
❑ Without LMIHF (Sch HCD-D6)
❑ Without any Agency Assistance
(Sch HCD-D7)
Identify the number of Inclusionary Units which also have been counted as Replacer.;nt Units:
Elderly Units Non Elderly Units Total Elderly &Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
I I I
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-D3
Sch D3(9/21/99)
r ,
SCHEDULE HCD-D4
INCLUSIONARY HOUSING UNITS (OUTSIDE PROJECT AREA)
Agency: Arcadia Redevelopment Agency
Housing Project Name: None
Check only one. If both apply, complete a separate form for each:
❑ Agency Developed ❑ Non-Aaency Developed
Check only one. If both apply, complete a separate form for each:
❑ Rental ❑ Owner-Occupied
Check only one. If both apply, complete a separate form for each:
❑ One-to-One Credit ❑ Two-to-One Credit
Enter the number of units for each applicable activity below:
A. New Construction Units:
Elderly Units Non Elderly Units Total Elderly &Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
B. Substantial Rehabilitation Units (Jan 1, 1994 - Dec 31. 2000):
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
C. Substantial or Other Rehabilitation Units (Jan 1, 1976 - Dec 31, 1993):
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
D. Acquisition of Covenants (Only Multi-Family and Other Restrictions):
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
- I
TOTAL UNITS (Add totals of all shaded "Total Elderly/Non Elderly Units"):
If TOTAL UNITS is less than "Total Project Units"shown on HCD Schedule DI,report the remainder as instructed below.
Check all appropriate forrn(s) listed below that will be used to identify remaining Project Units to be reported:
❑ Replacement Housing Units ❑ Inclusionary Units (Inside Project Area) Other Housing Units Provided:
(Sch HCD-D2) (Sch HCD-D3) ❑ With LMIHF (Sch HCD-D5)
❑ Without LMIHF (Sch HCD-D6)
❑ Without any Agency Assistance
(Sch HCD-D7)
Identify t!-,e number of Inclusionary Units which also have been counted as Replacement Units:
Elderly Units Non Elderly Units Total Elderly&Non E lderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-D4
Sch D4(9/21/99)
SCHEDULE HCD-D5
OTHER HOUSING UNITS PROVIDED (WITH LMIHF)
Agency. None _
Redevelopment Project Area Name, or "Outside": Central (Downtown)/Project
Housing Project Name: Nnne
Check only one:
❑ Inside Project Area ❑ Outside Project Area
Check only one. If both apply, complete a separate form for each:
❑ Aaency Developed ❑ Non-Aaencv Developed
Check only one. If both apply, complete a separate form for each:
❑ Rental ❑ Owner-Occupied
Enter the number of units for each applicable activity below:
A. New Construction Units:
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
B. Substantial Rehabilitation Units:
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
1 I J -
C. Other Non-Substantial Rehabilitation Units:
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
I ,
D. Acquisition Only:
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOV,/ MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
E. Mobilehome Owner/ Resident:
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW I MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
1
F. Mobilehome Park Owner/ Resident:
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-D5
SchD5(9/21/99) Page 1 of 2
Agency Name: Arcadia Rede\ pment Agency Housing Project N: one
G. Preservation (H&S 33334.2(e)(11). Rental Only):
Elderly Units Non Elderly Units Total Elderly &Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
H. Subsidy (other than specified options here):
Elderly Units Non Elderly Units Total Elderly &Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG.
Other Assistance:
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. .
•
•
TOTAL UNITS (Add totals of all shaded"Total Elderly/Non Elderly Units"):
If TOTAL UNITS is less than "Total Project Units"shown on HCD Schedule D1, report the remainder as instructed below.
Check all appropriate form(s) listed below that will be used to identify remaining Project Units to be reported:
❑ Replacement Housing Units !nclusionary Units: Other Housing Units Provided:
(Sch HCD-D2) ❑ Inside Project Area (Sch HCD-D3) ❑ Without LMIHF (Sch HCD-D6)
❑ Outside Project Area (Sch HCD-D4) ❑ Without any Agency Assistance
(Sch HCD-D7)
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-D5
Page 2 of 2
Sch D5(9/21/99)
• SCHEDULE HCD-D6
OTHER HOUSING UNITS PROVIDED (WITHOUT LMovriF)
Agency: Arcadia Redevelopment- Agency
Redevelopment Project Area Name, or"Outside": Central (Downtown)/Prof ect
Housing Project Name: None
Check only one:
❑ Inside Project Area ❑ Outside Project Area
Check only one. If both apply, complete a separate form for each:
❑ Agency Developed ❑ Non-Aaencv Developed
Check only one. If both apply, complete a separate form for each:
❑ Rental ❑ Owner-Occupied
Enter the number of units for each applicable activity below:
A. New Construction Units:
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW. LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG
I
B. Substantial Rehabilitation Units:
Elderly Units Non Elderly Units Total Elderiy&Non Elderly Units
VLOW. LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG
•
C. Other Non-Substantial Rehabilitation Units:
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW. LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG
I I
D. Acquisition Only:
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW. LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG
I I
E. Mobilehome Owner/ Resident:
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW. LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG
F. Mobilehome Park Owner/ Resident:
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW. LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG
I I n
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-D6
Sch D6(9/21/99)
Page 1 of 2
.•, Arcadia Redevel�-____:nt Agency Housing Project N: None •A_enc.�N�.Z�e: '
G. Preservation (H&S 33334. :`e)(11). Rental OnlyJ:
Elderly Units Non Elderly Units Total Elderly &Non Elderly Units
VLOV'J. LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG
H. Preservation ! Replacement(H&S 33334.3(h):
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW. LOW MOD Atv1OD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG
I
I. Rental Replacement(H&S 33334.3(f)(1)(A):
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW. LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG
1 l
J. Subsidy (other than specified options here):
Elderly Units Non Elderly Units Total Elderly«Non Elderly Units
VLOW. LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG
L l L I l
K. Other Assistance:
Elderly Units Non Elderly Units Total Elderly&Non Elderly Units
VLOW. LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG
L 1
TOTAL UNITS (Add totals of all shaded "Total Elderly/Non Elderly Units"):
LIZ TOTAL UNITS is less than "Total Project Units"shown on HCD Schedule DI, report the remainder as instructed below. I
Check all appropriate form(s) listed below that will be used to identify remaining Project Units to be reported:
❑ Replacement Housing Units Inclusionary Units: Other Housing Units Provided:
(Sch HCD-D2) ❑ Inside Project Area (Sch HCD-D3) ❑ With LMIHF (Sch HCD-D5)
❑ Outside Project Area (Sch HCD-D4) ❑ Without any Agency Assistance
(Sch HCD-D7)
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-D6
Sch D6(9/21/99) Page 2 of 2
SCHEDULE HCD-D7
OTHER HOUSING UNITS PROVIDED (WITHOUT ANY AGENCY ASSISTANCE)
NOTE: Units described on this form cannot be listed on forms HCD-D2 through On this form only report
units which have not received any assistance (financial or nonfinancial) from the agency, even though, in some
cases, some units in the same project may have been agency assisted.
Agency: Arcadia Redevelopment Agency
Redevelopment Project Area Name, or "Outside":
Central (Downtown)/Project
Housing Project Name: None
Check only one.
❑ Inside Project Area ❑ Outside Project Area
1. If the project is inside a project area, enter the number of units for each applicable activity below:
A. New Construction Units:
B. Substantial Rehabilitation Units:
C. Total Units:
D. If none of the units in the project had . ly financial or nonfinancial assistance from the agency, complete
the following:
Building Permit Number: Date of Building Permit:
mo day yr
2. If the project is outside of a project area, enter the number of units for each applicable activity below:
A. New Construction Units:
B. Substantial Rehabilitation Units:
C. Total Units:
Check all appropriate form(s) listed below that will be used to identify remaining Project Units to be reported:
❑ Replacement Housing Units Inclusionary Units: Other Housing Units Provided:
(Sch HCD-D2) ❑ Inside Project Area (Sch HCD-D3) ❑ With LMIHF (Sch HCD-D5)
❑ Outside Project Area (Sch HCD-D4) ❑ Without LMIHF (Sch HCD-D6)
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-D7
Sell D7(9/21/99)
SCHEDULE HCD-E1
CALCULATION OF INCREASE IN AGENCY'S INCLTJSIONARY OBLIGATIONS
DURING THE REPORTING YEAR
NOTE: The information on this form should be a summary of the totals of all new construction or
substantial rehabilitation units from forms IICD-D2 through HCD-D7 which are (a) developed
anywhere by the agency and (b) developed in a project area by a person or entity other than the
agency.
PART I - (H&SC Section 33413(b)(1))
1. New Units Developed by the Agency
2. Substantially Rehabilitated Units Developed by the Agency
3. Subtotal - Baseline of Units Developed by the Agency (add lines 1 & 2)
4. Subtotal of Inclusionary Obligation Accrued this Year for Units Developed by the Agency
(line 3 x 30%)
5. Subtotal of Inclusionary Obligation Accrued This Year for Very-Low Income Units Developed
by the Agency (line 4 x 50%)
PART II- (H&SC Section 33413(b)(2))
6. New Units Developed in a Project Area by Any Person or Entity Other Than the Agency
7. Substantially Rehabilitated Units Developed by Any Person or Entity Other Than the Agency
8. Subtotal - Baseline of Units Developed by Any Person or Entity Other Than the Agency
(add lines 6 & 7)
9. Subtotal of Inclusionary Obligation Accrued this Year for Units Developed by Any Person or
Entity Other Than the Agency (line 8 x 15%)
10. Subtotal of Inclusionary Obligation Accrued This Year for Very-Low Income Units by Any
Person or Entity Other Than the Agency (line 9 x 40%)
PART ICI - TOTALS
11. Total Increase in Inclusionary Obligations During This Fiscal Year (add lines 4 and 9)
12. Total Increase in Very-Low Income Units Inclusionary Obligation During This Fiscal Year
(add Lines 5 and 10) NOTE: LINE 12 IS A SUBSET OF LINE 11
California Redevelopment Agencies-Fiscal Year 1998-99 HCD-E1
Sch El(9/21/99)
Supplemental to the Annual Report of Community Redevelopment Agencies
Redevelopment Agency ID Number
Name of Redevelopment Agency ARCADIA REDEVELOPMENT AGENCY
Address PAD. Box 50
City, State, Zip Arcadia, Ca. 91006
The U. S. Bureau of the Census requests the following information about the fiscal activities of
your government for the 1998-99 fiscal year. Governments furnishing this information will no
longer receive U. S. Bureau of the Census Form F-32, Survey of Local Government Finances. If
you have any questions, please contact:
U. S. Bureau of the Census
Chris Kubacki
1-800-242-4523
A. Personnel Expenditures
Report your government's total expenditure for salaries and wages during the year, including
amounts paid on force account construction projects.
ZOO $ 0.00
B. Mortgage Revenue Bond Interest Payments
Report your government's total amount of interest paid on. mortgage revenue bonds during the
year.
•
U20 0.00
C. Cash and Investments Held at the End of the Fiscal Year
Report separately for each of the three types of funds listed below, the total cash on hand and on
deposit and investments in Federal government, Federal agency, State and local government
and non-governmental securities. Report all investments at par value. Include in the sinking
fund total any mortgages and notes receivable held as offsets to housing and industrial
financing loans. Exclude accounts receivable, value of real property and non-security assets.
1. Sinking funds -Reserve held for redemption of long-term
debt. Wo1 $ 378,145.00
2. Bond funds -Unexpended proceeds from the sale of bond
issues held pending disbursement. W31 $ 0.00
3. Ail other funds -Exclude employee retirement funds.
debt. W61 $ 3,630,529.00
US Bureau of Census-Revised 3/99
ANNUAL REPORT OF FINANCIAL TRANSACTIONS COVER SHEE"I'
'ro:STATE CONTROLLER OF COMMUNITY REDEVELOPMENT AGENCIES PAGE ( 0 1 0
DIVISION OF ACCOUNTING AND REPORTING L S'rATE USE UNIX
LOCAL GOVERNMENT'REPORTING SECTION COUNTY Los Angeles
REDEVELOPMENT REPORTING SECTION MAILING ADDRESS (PLEASE AFFIX MAILING LABEL AND CORRECT IF NECESSARY)
P.O.BOX 942850 AGENCY NAME
SACRAMENTO,CA 94250-5876 ARCADIA REDEVELOPMENT AGENCY
STREET ADDRESS OR P.O.BOX
EXPRESS MAIL ADDRESS: P.O. Box 60
3301 C STREET, SUITE 700 CIFY I
SACRAMENTO,CA.95816 Arcadia Ca. 91006
PHONE EXTENSION
PHONE(916)445-5153 - (626)574-5400
{
STATE USE ONLY (LOCATION: (STREET ADDRESS) (IF DIFFERENT FROM ABOVE)
FISCAL YEAR ENDED BATCH NO a Same
Julie 30, 1999 CITY STATE ZIP CODE
DUE WITHIN SIX MONTHS OF THE REVIEWED Same Ca. 91006 _
AGENCY'S FISCAL YEAR END AGENCY ORGANIZATION GOVERNING BODY MEMBERSHIP
CLEARED X (REDEVELOPMENT AGENCY(II&S CODE 33100) BOARD OF SUPERVISORS
COMMUNITY DEVELOPMENT COMMISSION X CITY COUNCIL OTI TER
(II&S CODE 34110) --m— ,v o. —
MEMBERS OF THE GOVERNING BODY REPORT PREPARED (CONTACT PERSON) PHONE - (CONTACT PERSON)
BY: Michael K. Chu (714) 672-0022
CHAIRPERSON MEMBER STREET ADDRESS
Gary A. Kovacic 203 N. Brea Blvd. Suite 203
MEMBER MEMBER CITY STATE ZIP CODE
Roger Chandler Brea Ca. 92821
MEMBER - MEMBER SIGNATURE OF EX1 W (RECTOR D E ;1 s
Robert C. Harbicht ✓ IJ ,----��4 4-1
-
�
MEMBER MEMBER NAME NA ., TITLE
Gail A. Marshall .William R. Kelly. Executive Director
-----
MEMBER MEMBER FIRM NAME INDEPENDENT AUDITOR
Gino Roncelli
AGENCY OFFICIALS Lance,Scll &Lunghard
EXECUTIVE OFFICER I'IIONE CONTACT PERSON I1lONE - (CONTACT PERSON)
William R. Kelly (626) 574-5400 Michael IC Chu • (714) 672-0022
FISCAL OFFICER PHONE STREET ADDRESS
James Dale (626) 574-5400 203 N. Brea Blvd. Suite 203
SECRETARY PHONE CITY STATE 'EU'CODE
June L.Alford (626; 574-::1100 Brea Ca. 92821
ACCT-LGRS 80(REV 7/96)
ANNUAL REPORT OF FINANCIAL TRANSACTIONS
OF COMMUNITY REDEVELOPMENT AGENCIES PAGE o 2
ACHIEVEMENT INFORMATION .
(UNAUDITED)
FISCAL YEAR ENDED June 30, 1999 AGENCY NAME ARCADIA REDEVELOPMENT AGENCY
INDICATE ONLY THOSE ACHIEVEMENTS COMPLETED DURING THE FISCAL YEA OF THIS REPORT
AS A DIRECT RESUL OF THE ACTIVITIES OF THE REDEVELOPMENT AGENCY.
ENTER THE AMOUNT OF SQUARE SQUARE FOOTAGE COMPLETED
PLEASE PROVIDE A DESCRIPTION OF THE AGENCY'S ACTIVITIES/ FOOTAGE COMPLETED THIS YEAR
ACCOMPLISHMENTS DURING THE PAST YEAR. USE ADDITIONAL FORMS BY BUILDING TYPE AND f A I 13
AS NEEDED. SEGREGATED BY NEW OR NEW
PLEASE BE SPECIFIC,AS THIS INFORMATION WILL BE THE BASIS • REHABILITATED CONSTRUCTION. CONSTRUCTION REHABILITATED
FOR POSSIBLE INCLUSION IN THE 1'UBLECATION.
COMMERCIAL BUILDINGS 1 •
INDUSTRIAL BUILDINGS 2
PUBLIC BUILDINGS 3
OTHER BUILDINGS 4
TOTAL SQUARE FOOTAG 5
ENT
JOBS BR
OF
B
ENTER
TII1;
NU ti 1;
it
CREATED D FROM T T-I E ACT I V I II
S
.... ....
z;:
Y EITHER
OF
THE
AGENCY, E
• ACTUAL OR ESTIMATED I 6 :::::>::> :::::: > : :
ENTER THE APPROPRIATE CODES °::>:::»::»:':':' `;':`:;;'':;:;';:`:::'; :':.'!`:'::: :::".
TO INDICATE E EACH TYPE OF
COMPLETED
PUBLIC FACILITY - ;:.
THIS YEAR. ... ..
>: A
TYPE
,
7 _
C011�
ETI;DA
r ONLY
L
A=UTILITIES C=LANDSCAPING E=STREETS & ROADS
B=RECREATION D=SEWER&STORM F=BUS/TRANSI1'
ACCT-LGRS 80(REV 7/96)
ANNUAL REPORT OF FINANCIAL TRANSACTIONS
OF COMMUNITY REDEVELOPMENT AGENCIES Page 0 31
AUDIT INFORMATION .
STATE USE ONLY � A
I. WAS THE RI:I'OR'I'PREPARED PROM
AUDITED FINANCIAL DATA A.I X I YES B. I I NO AUDIT 1
DID YOU SUBMIT A COPY A.I X J YES B. I I NO OPINION 2 .
OF THE AUDIT? COMPLIANCE 3
H. INDICATE FINANCIAL AUDIT OPINION 4
OPINION A. X UNQUALIFIED B. I QUALIFIER
C. ADVERSE D. 1 DISCLAIMER
E. AUDIT LNCOMPLETE
i
EXPECTED COMPLETION DATE :
IF THE AUDIT OPINION WAS
C,THER THAN UNQUiL,IFIED, STATE
_ BRIEFLY THE REASON GIVEN
III. WAS A COMPLIANCE AUDIT PERFORMED IN ACCORDANCE WITH HEALTH&SAFETY V. IF SECTION IV IS OTHER THAN A OR B, STATE BRIEFLY
CODE SECTION 33080.1 AND THE STATE CONTROLLER'S GUIDELINES FOR BELOW THE AREAS OF NON-COMPLIANCE
ATTACH ADDITIONAL PAGE IF NECESSARY
COMPLIANCE`10E AUDITS'?
A. X Yes B. I I No
DID YOU SUBMIT A A. X YES B. I HO
COPY OF THE AUDIT?
IV. INDICATE COMPLIANCE AUDIT OPINION
A. X UNQUALIFIED B. I I POSITIVE/NEGATIVE
, NO EXCEPTIONS
C. ' POSITIVE/NEGATIVE D. I I QUALIFIED
WITH EXCEPTIONS
E.1 ADVERSE F. I I DISCLAIMER
G. COMPLIANCE AUDIT EXPECTED COMPLETION DATE
INCOMPLETE
ACCT-LGRS 80(REV 7/96) -
•
BALANCE SHEET AGENCY NAME ARCADIA REDEVELOPMENT AGENCY PAGE _ 0 I 4
1+Iscnl Year Ended June 30,1999 El m ® C -
11531 El CAPITAL DEBT LOW/MODERATE SPECIAL GENERAL GENERAL
ASSETS & OTHER DEBITS PROJECTS SERVICE INCOME HOUSING REVENUE/OTHER LONG-TERM FIXED TOTAL
FUNDS FUNDS FUNDS FUNDS DEBT ASSETS (MEMORANDUM ONLY)
I
3
630
52
9
862 .......................
f
573
667 •
1 056
SII
1.
U
2 7
� EST CA.
,' &U 1PR
CASH I
37 81
4
S
f
- 45
378 1
CASII Wl"1'II FISCAL AGENT 2.0 f �� «.»..+» : : :.z`:;.•"':,,."':;::,..,.....w.:.5..,:.,.:.
0
2
143
O1
R]:CEIVAIII,E 3.0 214 214,301
ACCOUNTS •:::::::::.�.�::::.:.:...;
TAX INCREMENT
_
22
50
0
AACCOUNTS RECEIVABLE 4.0 22 500
ACCRUED Il`P
ELBE S T
3
34
40
120
649 -
RECEIV,VILF.
5.0 2 371 26 # � »« � «z«.»................. :: :::::...;:..�;..:.:;; ;"
LOANS RECEIVABLE 6•0
CONTRACTS RECEIVABLE
7.
LEASE PAYMENTS RECI'sIVABLE 8.0 - - - - ME::::::.::::::::::::::::::::::::::::::::::::::::::::,::::::::::::::::::::
UNEARNED rINANCE CHAR
DUE FROM CAPITAL
L
PROJECTS FUND
10.0 82 -
1
5
82
DEBT 4
FROM D 3
DUE FR 8
4
04
571
5
4
241
f
SERVICE FUND
11.0 196 119 `''' «,.» :..:: : ..:.: : ::
LOW/MODERATE
\V/I�I 1 932 FROM ILO 93
DUE 517
INCOME HOUSING FUND 12.0
517
32
- ? »» ? ,
DUE I
S'IsCle I,
FROM [
> r
R1sVI3NUFJ0'1'111;It FUNDS 13.(
) NIitiMF1�w'.::�1::•...i1Ni,i.iill�M........:::::::::::::::.::::::.:::::::.
14.0
- - - ..........
1 N1
W
\ES7� L
OTHER ASSETS 15.0
LAND OO
i
-LAN 8 O
T'vIENT 9
WVLSi ZO
f
HELD FOR RESALE
16.0 2 098 000 �:::':'» « »».,..��..:.::::::::: :.�::.�::.�::: .:: :
LINE W
r
)sG1.N. 000
'�'F FOR O
V N(L U 8
01 A 4J
ALLOWANCE 1
zi:ii�
58 000 �:.:::::::::::::::::::::.�::::::::. ;
VALUE O F LAND HELD FOR RESALE 16.1 1 4 :•.:.»»<•;;;::>:::::.:::::::•:>:::::::, '
L ...::.ii'iii«'i'i?f?�•��i' 'i�
F IXED ASSETS:S: LAN
U
,
STRUCTURES&IMPROVEMENTS 7
:� : :: :o- : : : : : � : m: : :m: `««.
RG ' ce
Q
F uun
18.0
31 9 6 7 31 9 6 7
........................................
,
AMOUNT
AV AILABLE
SERVICE 19. J
DEBT 97
27
3
79 7
Z
7
PROVIDED FOR
' BE 95
TO 3
AMOUNT O O
nM 7 9
5
U U
39 .....
20.0 �> .................................................................................................................
7
9
DEBT PAYMENT OF LONG-TERM
...........
TOTAL ASSETS &OTHER DEBITS 7470 122 31 967 17,182,35
(MUST EQUAL PAGE 04,LINE 40) ..._.21.0 ...• 3 434 657 '..... 620 448.......` 5 625 158 ... .,.. . - . _ .1_ °�
ACCT-LGRS 80(REV 7/96)
BALANCE SHEET AGENCY NAME ARCADIA REDEVELOPMENT AGENCY PAGE 0 i 4
Fiscal Year Ended June 30,1999 F 1
I A 13 I D I K
CAI'rrAL ' DEBT LOW/MODERATE SPECIAL GENERAL GEN ERA I,
LIABILITIES E. OTI-TER CREDITS PROJECTS SERVICE INCOME HOUSING REVENUE/OTHER I,ONG-TERM FIXED TOTAL
FUNDS FUNDS FUNDS FUNDS DEBT ASSETS (NtEMMORA,NDUa1ONLY)
1 r
6
5.
4J
22.0 '
15,456 56
— _S
AI3LF,
r
. 'AY $
ACCOUN"1'S 1
INTEREST 1'AYAI3LE 23.0
TAx I'
ON
ANTIC]A11
NOTES
P
PAYABLE
24.0 —
,O.
ru'VS PAYABLE
25.0 —
I
'']F.S
26.
— —
" �,R LIABILITIES UI7 I r
DUEJE rsFUAI.
6
119
27.0 196,119 19
YI2C.JF.C'I'S FUND `
DUE
EBT
SERVICE FUND
5
28.0
1,582
1
Q
.
�' 'O E
I2A'I'F.
4,563,647 647
\/hI D
DUE
1'O 1,0W/MODERATE r
4,563,647 ',=;?'`:.,�,-.•-W .. ::.:•.. : ::::::.::.;::::
INCOME SPECIAL FUND 29•()
r 'IAL
' S)'LC.
1
)UE10
ItEVENUE/t) IIER FU
3
it
0
r
n�
' ION r
TAX ALLOCATION rn, _
3
11
0 00
0
I f
BONDS PAYABLE
ILA sE REVENUE I
30ND
S/(
I2"I
FI-
U\TFSOI
'
R'ITCL P
\"1O T
'
\
81 :
32.0
_
U 122
i'.•','::i;2:':;:;.::E'<;i33:ii:;'::.isi>••.•isisisi<i::i:ii:i>:ii'.+i#:;?iSi`>:; :
4 3G
3
6U
12
L
r
O'l'I1h;RLONG'I"F,RI\iLt,I3l 33.0 :.;::........... :. ...,.....:::::::�::::::::::.;::.; _� .�
I, LIABl�
TIES 12,216,926
Ir0
�A_
_ 7
17
0
12
2
OT1xIt CIZEI?I'i'S 34.0 $ 17,038 1$ 4,759,766 $ $ $
I; U!TIES
.: ::>:i:i:3>:s:?i:»?:<:E>:ii:i%:iii;::i%: iis>:::>: >::>:•.;':<:::>:2i:i•;::isi•i:i;::iSS:«>:;::<::r;:>:::>::;.::::>:<i?F ><>:<>::::;::>{:<:><;;;>•>:'%»:;<:>:•::..:::*.:::„.';. .:.. ......... ...... .... .. ..........
IN
v
N
TIN c
F N.
w L
F ssIc rs
35.
0
.
;
:;•..;:.>;• ..:
...
:•
:
:<. . �
31
9
67
3
1
f r r
9
6
7
43UND BALANCE
2 ESAt '1ll 36.0 64 82 89 $ 4 r 09 5r 7 1 5 4 r 69 04
FUND BALANCE
UNRESERVED-DESIGNATED 3 7.0 37 9
____
I wCE
17
02
72
NDUAr r
FUND
4
519
U45
1,579,443
93
30 ,
2
76 (4,519,045)38.
0 r
UNRESERVED-UNDESIGNATED r r
• TOTAL EQUITIES(�SUSTFQIAIPAG
EOS,LINE51) 39.0 $ 3,417,619 $ (4,139,318) $ 5,625,158 $
_ ��•�•����•'���"•``•��� �'��� 3
1 f
967 4r
9
35
r
4
26
_
'1 O fAL L1A13. & OTHER.
CREDITS & EQUITIES 40.0 $ 3,434,657 $ 620,448 $ 5,625,1.58 ,$_. — _$..- 7,470,122. $ 31,967 $ 17,182,352
ACCT-LGRS 80(REV 7/96) •
:k� ;_.A ; _ _ 6 .
o �Y /..v�.oi'z ' ✓�'�:/2/
1-1- I
FP
a arcadia redevelopment agency
,....,..:„ ..,....„..,'-
,, 240 west huntington drive •p.o. box 60021 • arcadia, ca 91066-6021 • 626-574-5408 • fax 626-447-3309
DATE: December 21, 1999
TO: Aon Arcadia Redevelopment Agency
FROM: Penman, Deputy Executive Director
ti By: Pete Kinnahan, Economic Development Administrator
RE: Public Hearing - Recommendation to Adopt Resolution No. ARA 183 —
Approving the Adoption of the Five-Year Implementation Plan (1999-2004)
for the Central Redevelopment Project Area
Summary
This report was continued from the December 7, 1999, meeting.
The California Redevelopment Law (Health and Safety Code Section 33490) requires
that a public hearing be held for the purpose of reviewing and adopting the Five-Year
Redevelopment Implementation Plan for the period 1999-2004. This hearing is to be
held not later than five years after the adoption of the original 1994 Implementation Plan
or by December 31, 1999. The first plan covered the period 1994-1999 and was
updated in 1997. The purpose of this agenda report is to facilitate the required public
hearing and adoption of the 1999-2004 Implementation Plan (Attachment No. 1).
Discussion
AB1290, the Redevelopment Reform Law, passed in 1993, required redevelopment
agencies to prepare and approve after a duly noticed public hearing, a five-year
"Implementation Plan". With the adoption of Resolution No. ARA-175 on December 20,
1994, the Agency approved its initial Implementation Plan. It was revised and updated
by Resolution 180 on December 16, 1997. The current Plan (Attachment 1) is a
blueprint for future Agency activities and describes Agency goals and objectives, how
the Agency will eliminate blight, details previous, current and proposed projects and
programs to address blight, and how the Agency has implemented and will implement
its housing responsibilities over the next five years (FY1999-2004).
Following is a brief description of key elements of the 1999 Five-Year Implementation
Plan:
• Introduction (page 1) - This sets forth the purpose and history of the Implementation
Plan along with certain basic facts about the Agency Board and Project Area.
LASER IMAGED
7969- Pi ,
•
--
Arcadia Development Auu,icy
December 21, 1999
Page 2
• Documentation of Blight (page 12) - Key to the premise of redevelopment is the
presence of blight within the Project Area. Section 3 of the Plan quantifies and
catalogues blight in the Project Area as noted in 1973 when the Redevelopment
Plan was adopted and as reflected in the broadened definitions allowed by the
passage of AB1290 in 1993.
• Statement of Goals and Objectives (page 14) — Revisits previously adopted Agency
goals and objectives adopted in 1973 and expanded in 1984.
• Status of Previous Projects and Programs (pages 20-26) —This section summarizes
the status of the several Agency projects and programs adopted in 1994 and revised
in 1997.
• Identification of Future Agency Projects (page 22) - Table 2B sets forth all of the
possible projects, programs, and activities the Agency could work on during the next
Five-Year Implementation Plan period.
Section 5 of the Plan (page 43) describes in more detail future projects the Agency
will pursue in the next two years, provides cost estimates for each and discusses
which blighting conditions will be alleviated with the completion of each project.
• Housing — Section 8 (page 52) is a discussion of the Agency's housing obligations
and intended plan of action to fulfill its low and moderate income housing
responsibilities over the next five years. Key elements in the section are summaries
of the State Law concerning housing, and an accounting of the status of the Housing
Set-Aside Fund. The projected status of the Agency's "Excess Surplus" funds and
the housing program the Agency will implement are also provided.
The Agency's first priority is the replacement of housing units removed by the
Agency. While none have been removed since 1996, the first year the law required
such replacement, the Agency has a one-for-one housing replacement requirement
in the project area and a two-for-one requirement if the replacement units are
outside of the project area. Seventy-five percent of the new units must be reserved
for the same income level of the families living in the units which were destroyed.
During this Five-Year Implementation Plan (i.e., 1999-2004), the Agency proposes to
focus its resources on a 55-unit low/moderate income senior housing project, if the
Agency is not required to provide any replacement housing. The Agency Board
previously selected 55 units since this was the number removed by Agency action
prior to December 1995.
The Implementation Plan can be amended at any time after a noticed public hearing
and posting of Notice.
4. -
i
Arcadia Development Ay ii icy
December 21, 1999
Page 3
The availability of the Implementation Plan and notice of the public hearing
concerning the Plan has been published in the Arcadia Weekly and posted at four
locations within the Project Area. The draft Plan has been reviewed by Agency
Special Counsel, Best Best and Krieger, for legal sufficiency.
Fiscal Impact
Contained within the Plan are descriptions and estimates for each of the projects the
Agency may pursue over the next five years. Briefly, the Agency intends to finance the
majority of its future projects using a combination of tax increment revenue generated
from the Project Area and/or through long-term financing mechanisms using
redevelopment property tax increment for debt service. Other revenue sources include
land sale proceeds, interest earnings, possible developer fees, land rents, and
development participation agreements.
Recommendation
It is recommended that the Agency approve the Five-Year Implementation Plan (FY
1994-2004) as is, or as amended, by adopting Resolution No. ARA-183 (Attachment
No. 2), "A RESOLUTION OF THE ARCADIA REDEVELOPMENT AGENCY
APPROVING THE ADOPTION OF THE FIVE-YEAR IMPLEMENTATION PLAN (1999-
2004) FOR THE CENTRAL REDEVELOPMENT PROJECT AREA".
Attachments: No. 1 — Implementation Plan (1999-2004)
No. 2 — Resolution No. ARA-183
Approved:
William R. Kelly, Executive Director
PK:bmb
//A
. ,-- --, _.
_____,
1 _ ,
__,
, .
.:_•; arcadia redevelopment agency
iii240 west huntington drive •p.o. box 60021 • arcadia, ca 91066-6021 • 626-574-5408 • fax 626-447-3309
DATE: December 21, 1999
TO: Arcadia Redevelopment Agency
FROM: q3lon Penman, Deputy Executive Director
-± By: Pete Kinnahan, Economic Development Administrator
RE: Public Hearing - Recommendation to Adopt Resolution No. ARA 183 —
Approving the Adoption of the Five-Year Implementation Plan (1999-2004)
for the Central Redevelopment Project Area
Summary
This report was continued from the December 7, 1999, meeting.
The California Redevelopment Law (Health and Safety Code Section 33490) requires
that a public hearing be held for the purpose of reviewing and adopting the Five-Year
Redevelopment Implementation Plan for the period 1999-2004. This hearing is to be
held not later than five years after the adoption of the original 1994 Implementation Plan
or by December 31, 1999. The first plan covered the period 1994-1999 and was
updated in 1997. The purpose of this agenda report is to facilitate the required public
hearing and adoption of the 1999-2004 Implementation Plan (Attachment No. 1).
Discussion
AB1290, the Redevelopment Reform Law, passed in 1993, required redevelopment
agencies to prepare and approve after a duly noticed public hearing, a five-year
"Implementation Plan". With the adoption of Resolution No. ARA-175 on December 20,
1994, the Agency approved its initial Implementation Plan. It was revised and updated
by Resolution 180 on December 16, 1997. The current Plan (Attachment 1) is a
blueprint for future Agency activities and describes Agency goals and objectives, how
the Agency will eliminate blight, details previous, current and proposed projects and
programs to address blight, and how the Agency has implemented and will implement
its housing responsibilities over the next five years (FY1999-2004).
Following is a brief description of key elements of the 1999 Five-Year Implementation
Plan:
0 Introduction (page 1) - This sets forth the purpose and history of the Implementation
Plan along with certain basic facts about the Agency Board and Project Area.
Arcadia Development F icy
December 21, 1999
Page 2
• Documentation of Blight (page 12) - Key to the premise of redevelopment is the
presence of blight within the Project Area. Section 3 of the Plan quantifies and
catalogues blight in the Project Area as noted in 1973 when the Redevelopment
Plan was adopted and as reflected in the broadened definitions allowed by the
passage of AB1290 in 1993.
• Statement of Goals and Objectives (page 14) — Revisits previously adopted Agency
goals and objectives adopted in 1973 and expanded in 1984.
• Status of Previous Projects and Programs (pages 20-26) —This section summarizes
the status of the several Agency projects and programs adopted in 1994 and revised
in 1997.
• Identification of Future Agency Projects (page 22) - Table 2B sets forth all of the
possible projects, programs, and activities the Agency could work on during the next
Five-Year Implementation Plan period.
Section 5 of the Plan (page 43) describes in more detail future projects the Agency
will pursue in the next two years, provides cost estimates for each and discusses
which blighting conditions will be alleviated with the completion of each project.
• Housing — Section 8 (page 52) is a discussion of the Agency's housing obligations
and intended plan of action to fulfill its low and moderate income housing
responsibilities over the next five years. Key elements in the section are summaries
of the State Law concerning housing, and an accounting of the status of the Housing
Set-Aside Fund. The projected status of the Agency's "Excess Surplus" funds and
the housing program the Agency will implement are also provided.
The Agency's first priority is the replacement of housing units removed by the
Agency. While none have been removed since 1996, the first year the law required
such replacement, the Agency has a one-for-one housing replacement requirement
in the project area and a two-for-one requirement if the replacement units are
outside of the project area. Seventy-five percent of the new units must be reserved
for the same income level of the families living in the units which were destroyed.
During this Five-Year Implementation Plan (i.e., 1999-2004), the Agency proposes to
focus its resources on a 55-unit low/moderate income senior housing project, if the
Agency is not required to provide any replacement housing. The Agency Board
previously selected 55 units since this was the number removed by Agency action
prior to December 1995.
The Implementation Plan can be amended at any time after a noticed public hearing
and posting of Notice.
Arcadia Development 1 -icy
December 21, 1999
Page 3
The availability of the Implementation Plan and notice of the public hearing
concerning the Plan has been published in the Arcadia Weekly and posted at four
locations within the Project Area. The draft Plan has been reviewed by Agency
Special Counsel, Best Best and Krieger, for legal sufficiency.
Fiscal Impact
Contained within the Plan are descriptions and estimates for each of the projects the
Agency may pursue over the next five years. Briefly, the Agency intends to finance the
majority of its future projects using a combination of tax increment revenue generated
from the Project Area and/or through long-term financing mechanisms using
redevelopment property tax increment for debt service. Other revenue sources include
land sale proceeds, interest earnings, possible developer fees, land rents, and
development participation agreements.
Recommendation
It is recommended that the Agency approve the Five-Year Implementation Plan (FY
1994-2004) as is, or as amended, by adopting Resolution No. ARA-183 (Attachment
No. 2), "A RESOLUTION OF THE ARCADIA REDEVELOPMENT AGENCY
APPROVING THE ADOPTION OF THE FIVE-YEAR IMPLEMENTATION PLAN (1999-
2004) FOR THE CENTRAL REDEVELOPMENT PROJECT AREA".
Attachments: No. 1 — Implementation Plan (1999-2004)
No. 2 — Resolution No. ARA-183
Approved:
William R. Kelly, Executive Director
PK:bmb