CITY COUNCIL REGULAR MEETING AGENDA
JULY 9, 2026
CITY COUNCIL
REGULAR MEETING
AGENDA
JULY 9, 2026 AT 9:00 AM
MAYOR CORY MOSS
MAYOR PRO TEM MICHAEL GREUBEL
COUNCIL MEMBER STEVE MARCUCCI
COUNCIL MEMBER MARK D. RADECKI
COUNCIL MEMBER NEWELL RUGGLES
LOCATION: City Council Chambers, 15651 Mayor Dave Way, City of Industry, California Watch Live Meetings: https://publicinput.com/cityofindustry Or call in
Phone #: (855) 925-2801 Meeting Code: 6009
Addressing the City Council:
Agenda Items: (In Person Comments) Members of the public may address the City Council on any matter listed on the Agenda. In order to conduct a timely meeting, there will be a one-minute time limit per person for any matter listed on the Agenda. Anyone wishing to speak to the City Council is asked to complete a Speaker’s Card or register online with the QR Code which both can be found at the back of the room and at the podium. The completed card should be submitted to the City Clerk prior to the Agenda item being called and prior to the individual being heard by the City Council.
In Person Public Comments (Non-Agenda Items): Anyone wishing to address the City Council on an item not on the Agenda may do so during the “Public Comments” period. In order to conduct a timely meeting, there will be a one-minute time limit per person for the Public Comments portion of the Agenda.
State law prohibits the City Council from taking action on a specific item unless it appears on the posted Agenda. Anyone wishing to speak to the City Council is asked to complete a Speaker’s Card or register online with the QR code which both can be found at the back of the room and at the podium. The completed card should be submitted to the City Clerk prior to the Agenda item being called by the City Clerk and prior to the individual being heard by the City Council.
Electronic Comments: Visit https://publicinput.com/cityofindustry Click register, the system will prompt you to create a password then locate desired meeting click register for this meeting. Fill in details such as name, email, phone number, preferred attendance method and request to speak. Click submit.
You will receive an email confirmation with meeting details, including the date, time, link, and access instructions.
AMERICANS WITH DISABILITIES ACT:
In compliance with the ADA, if you need special assistance to participate in any City meeting (including assisted listening devices), please contact the City Clerk’s Office (626) 333-2211.
Notification of at least 48 hours prior to the meeting will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting.
AGENDAS AND OTHER WRITINGS:
In compliance with SB 343, staff reports and other public records permissible for disclosure related to open session agenda items are available at City Hall, 15625 Mayor Dave Way, City of Industry, California, at the office of the City Clerk during regular business hours, Monday through Thursday 8:00 a.m. to 5:00 p.m., Fridays 8:00 a.m. to 4:00 p.m. Any person with a question concerning any agenda item may call the City Clerk’s Office at (626) 333-2211.
CITY COUNCIL REGULAR MEETING AGENDA
JULY 9, 2026
1. Call to Order
2. Flag Salute
3. AB 2449 Vote on Emergency Circumstances (if necessary)
4. Roll Call
5. Presentations
6. CONSENT CALENDAR
6.1. Consideration of the Register of Demands for July 9, 2026 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.
6.2. Consideration of Amendment No. 3 to the Professional Services Agreement with CU Technology, LLC, dba Acorn Technology Services, for Information Technology Support Services, increasing compensation by $151,486.50 and updating the Scope of Services and Rate schedule
RECOMMENDED ACTION: Approve Amendment No. 3.
6.3. Consideration of Award of Contract No. CITY-1554, Citywide Catch Basin Retrofits – Phase 3, to United Storm Water, Inc., in an amount not to exceed $304,716.00, and adopt Notice of Exemption regarding same RECOMMENDED ACTION: Award the bid to United Storm Water, Inc., in an amount not to exceed $304,716.00, and adopt Notice of Exemption regarding same
6.4. Consideration of Resolution No. CC 2026-20 – A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING
A DONATION TO THE GABRIEL FOUNDATION, IN THE AMOUNT OF
ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000.00), FOR
THE INDUSTRY HILLS CHARITY PRO RODEO
RECOMMENDED ACTION: Adopt Resolution No. CC 2026-20.
6.5. Consideration of Resolution No CC 2026-22– A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, DECLARING
CERTAIN CITY-OWNED REAL PROPERTY LOCATED AT THE CORNER
OF WORKMAN MILL ROAD AND CROSSROADS PARKWAY, NORTH,
UNINCORPORATED LOS ANGELES COUNTY, (APN 8120-027-272), AS
EXEMPT SURPLUS LAND UNDER CALIFORNIA GOVERNMENT CODE
SECTION 54221(f)(1)(D) AND MAKING THE REQUISITE CEQA FINDINGS
CITY COUNCIL REGULAR MEETING AGENDA
JULY 9, 2026
RECOMMENDED ACTION: Adopt Resolution No. CC 2026-22and
Notice of Exemption regarding same.
6.6. Consideration of Resolution No. CC 2026-23 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA APPROVING
A PURCHASE AND SALE AGREEMENT WITH THE COUNTY
SANITATION DISTRICT NO. 18 OF LOS ANGELES COUNTY FOR
PROPERTY LOCATED AT THE SOUNTWEST CORNER OF WORKMAN
MILL ROAD AND CROSSROADS PARKWAY NORTH, AND ADOPTING A
NOTICE OF EXEMPTION REGARDING SAME
RECOMMENDED ACTION: Adopt Resolution No. CC 2026-23, and Notice of Exemption regarding same.
7. ACTION ITEMS-NONE
8. PUBLIC HEARINGS-NONE
9. CLOSED SESSION
9.1. CONFERENCE WITH REAL PROPERTY NEGOTIATIORS Pursuant to Government Code Section 54956.8:
Property: 711 Fairway Drive Assessor Parcels Number: 8760-028-903,8760- 028-001, 8760-028-005, 8760-028-003, 8760-028-002
Agency Negotiators: Joshua Nelson, City Manager, James
Casso, Citty Attorney
Negotation Parties: Biang Ronald CO TR Biang Trust, Leonarie Holdings LLC
Under Negotiation: Price and terms of payment.
9.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8:
Property: Two vacant lots on East Nelson Avenue, west
of Maypop Avenue Assessor Parcel Numbers:
8208-024-906 and 8208-024-907
Agency Negotiators: Joshua Nelson, City Manager,
James Casso, City Attorney
Negotiating Parties: HKTSNTRLT LLC
Under Negotiation: Price and terms of payment
CITY COUNCIL REGULAR MEETING AGENDA
JULY 9, 2026
10. CITY MANAGER REPORTS
11. AB 1234 REPORTS
12. CITY COUNCIL COMMUNICATIONS
13. PUBLIC COMMENTS
14. Adjournment. The next regular City Council Meeting is Thursday, July 23, 2026, at 9:00 AM.
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ITEM NO. 6.2
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Yvette Padilla, Management Analyst II
Bing Hyun, Asst. City Manager
DATE: July 9, 2026
SUBJECT: Consideration of Amendment No. 3 to the Professional Services Agreement with CU Technology, LLC, dba Acorn Technology Services, for Information Technology Support Services, increasing compensation by $151,486.50 and updating the Scope of Services and Rate schedule Background:
On October 28, 2021, the City Council approved a Professional Services Agreement ("Agreement") with Acorn Technology Services ("Acorn"), to provide technology support services through October 31, 2024, for a not-to-exceed amount of $659,200.00. On September 26, 2024, the City Council approved Amendment No. 1, which extended the Agreement through October 31, 2025, and increased compensation by $301,840.00. On September 25, 2025, the City Council approved Amendment No. 2, which extended the Agreement through October 31, 2026, and increased compensation by $300,869.12.
Discussion:
Acorn has provided information technology services to the City and has played a critical role in evaluating the City's technology infrastructure and identifying opportunities for improvement.
Through its ongoing assessments, Acorn has identified several infrastructure upgrades necessary to support the City's operational efficiency, system reliability, and cybersecurity objectives. Recommended improvements include the replacement of firewall devices, modernization of outdated network switches and servers, and implementation of cybersecurity compliance measures.
The original Agreement included funding for special projects that fall outside the monthly managed IT services fee. As the City continues to modernize its technology infrastructure and address evolving cybersecurity requirements, additional projects have been identified that are necessary to maintain a secure, reliable, and efficient technology environment.
Amendment No. 3 will increase compensation by $151,486.50 to fund the implementation of these infrastructure improvement projects. The work will be completed throughout Fiscal Year 2026-27 and will help ensure the City's technology systems remain current, secure, and capable of supporting ongoing operational needs.
Fiscal Impact:
Table 1 – Summary of Consultant Costs
The proposed Amendment No. 3 will increase the Agreement compensation by $151,486.50.
Funding for these services is included in the approved Fiscal Year 2026/2027 budget, which allocates $500,000.00 for Professional and Technical Services (Account No. 100-525-5120.01).
No additional appropriations are required at this time.
Recommendation:
Staff recommends that the City Council approve Amendment No. 3 to the Agreement.
Exhibits:
1. COI Acorn Technology Services Amendment No 3 - FINAL
1 AMENDMENT NO. 3
TO PROFESSIONAL SERVICES AGREEMENT WITH
ACORN TECHNOLOGY SERVICES
This Amendment No. 3 to the Professional Services Agreement (“Agreement”), is made and entered into this 1st day of June 2026 (“Effective Date”), by and between the City of Industry, a California municipal corporation (“City”) and CU Technology LLC, dba Acorn Technology Services, a California Limited Liability Company (“Consultant”). The City and Consultant are hereinafter collectively referred to as the “Parties”.
RECITALS
WHEREAS, on or about October 28, 2021, the Agreement was entered into and executed between the City and Consultant for information technology services; and WHEREAS, on or about September 26, 2024, Amendment No. 1 was entered into extending the term through October 31, 2025, amending the scope of services, updating the rate schedule, and increasing compensation by $301,840.00; and WHEREAS, on or about September 25, 2025, Amendment No. 2 was entered into extending the term through October 31, 2026, amending the legal name of Consultant to CU Technology LLC, dba Acorn Technology Services, updating the rate schedule, and increasing compensation by $300,869.12; and
WHEREAS, the Parties desire to amend the Agreement to update the rate schedule and provide a companion increase in compensation of $151,486.50; and WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 3, as set forth below.
AMENDMENT
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed the aforesaid Agreement, and incorporated herein by reference, shall remain in full force and effect except as otherwise hereinafter provided:
Section 4. PAYMENT
The second sentence of Section 4(c) is hereby amended to read in its entirety as follows:
This amount shall not exceed One Million Four Hundred Thirteen Thousand Three Hundred Ninety-Five Dollars and Sixty-Two Cents ($1,413,395.62.) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.
2 EXHIBIT A SCOPE OF SERVICES
The Scope of Services is hereby rescinded in its entirety and replaced with the rates set forth in Attachment No. 1 attached hereto, and incorporated herein by reference.
EXHIBIT B RATE SCHEDULE
The Rate Schedule is hereby rescinded in its entirety and replaced with the rates set forth in Attachment No. 2 attached hereto, and incorporated herein by reference.
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 3 to be executed as of the Effective Date.
“CITY” “CONSULTANT”
City of Industry CU Technology, LLC
By: ________________________________ By: _____________________________ Joshua Nelson, City Manager Craig Wolynez, COO
Attest:
By: ____________________________________
Julie Gutierrez-Robles, City Clerk
APPROVED AS TO FORM
By: ________________________________
James M. Casso, City Attorney
3 ATTACHMENT NO. 1
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide the following services related to the City’s Information Technology needs:
1. IT Infrastructure Management
x Network Management: Setup, monitoring, and maintenance of local area networks (LAN), wide area networks (WAN), and wireless networks. x Server Management: Installation, configuration, and management of physical and virtual servers, including backups and performance monitoring. x Storage Management: Management of on-premise and cloud storage solutions, including backups and disaster recovery plans.
x Hardware Maintenance: Installation and repair services for workstations, printers, routers, switches, and other hardware.
2. End-User Support
x Full-time On-Site Technician at City Hall
x Help Desk Services: 24/7 support for hardware, software, and connectivity issues via phone, email, or chat.
x Desktop Support: Troubleshooting, maintenance, and repair of desktops, laptops, and peripheral devices.
x Mobile Device Support: Configuration and troubleshooting of smartphones, tablets, and other mobile devices.
3. Cloud Services
x Cloud Strategy and Migration: Consultation on cloud adoption, migration of data and applications, and ongoing management of cloud infrastructure. ( x Cloud Backup & Disaster Recovery: Regular cloud backups, disaster recovery planning, and testing to ensure business continuity.
4. Cybersecurity Services
x Security Monitoring: Continuous monitoring of IT systems to detect and respond to potential threats.
x Firewall and Antivirus Management: Installation, configuration, and maintenance of firewall systems and antivirus software. x Vulnerability Assessments & Penetration Testing: Regular security assessments to identify vulnerabilities and perform tests to ensure network safety.
4 x Data Encryption & Access Control: Implementation of data encryption standards and access control protocols to secure sensitive data.
5. IT Consulting Services
x Technology Assessments: Evaluation of existing technology infrastructure and providing recommendations for improvements.
x Strategic Planning: Development of IT strategies aligned with City goals, including capacity planning and resource optimization.
x Vendor Management: Liaison with third-party vendors for purchasing software, hardware, and IT-related services.
6. Data Management & Analytics
x Database Management: Design, implementation, and maintenance of databases to store, manage, and retrieve data efficiently.
x Data Analytics: Analyzing City data to provide actionable insights and reporting for decision-making.
x Data Backup & Recovery: Ensuring regular backups of all City-critical data and fast recovery options in case of data loss.
7. Data Collection and Preservation for Public Records Request x Data Identification: Identify and map relevant data sources, including emails, databases, network logs, cloud storage, and physical devices. x Data Preservation: Ensure the preservation of data in a forensically sound manner to prevent tampering or spoliation.
x Litigation Hold Support: Implement and manage litigation hold procedures to prevent the destruction of potentially relevant data.
x Metadata Capture: Collect detailed metadata to support legal claims and counterclaims.
8. Technology Infrastructure Improvement Projects
x Infrastructure Assessments and Planning: Evaluate the City’s existing technology infrastructure and develop recommendations for equipment replacement, upgrades, and modernization to support operational and cybersecurity requirements.
x Network Equipment Upgrades: Procure, configure, install, and replace network switches, routers, and related networking equipment to improve network performance, reliability, and security.
x Server Modernization: Upgrade, replace, configure, and migrate physical and virtual server infrastructure as necessary to maintain system performance, security, and compatibility with current technology standards. x Firewall Replacement and Security Enhancements: Procure, install, configure, and maintain firewall appliances and related security technologies to strengthen the City’s cybersecurity posture and protect critical systems and data.
5 x Cybersecurity Compliance and Risk Mitigation: Implement technology solutions, security controls, and best practices necessary to support cybersecurity compliance requirements, reduce security risks, and address identified vulnerabilities.
x Technology Project Management: Provide project planning, coordination, implementation, testing, documentation, and vendor management services related to approved infrastructure improvement projects.
x Equipment Procurement and Deployment: Assist the City with the specification, procurement, installation, configuration, and deployment of hardware, software, and related technology solutions necessary to support infrastructure modernization efforts.
6 ATTACHMENT NO. 2
EXHIBIT B
RATE SCHEDULE
Monthly IT Managed Services
Service Quantity Price Amount
Workstation Support 73 $80.00 $5,840.00
Server Support 18 $250.00 $4500.00
SAN Support 1 $250.00 $250.00
Firewall Support 8 $125.00 $1,000.00
Switch Support 21 $75.00 $1575.00
WAP Support 13 $35.00 $455.00
Additional Locations 4 $200.00 $800.00
Microsoft 365 Support 1 $300.00 $300.00
Full-Time Onsite Engineer 1 $9,425.76 $9,425.76
Service Discount ($750.00)
Monthly Total $23,405.76
Technology Infrastructure Improvement Projects
Project Name Cost
Server Upgrades $54,054.00
Firewall Upgrades $3,432.00
Switches Upgrades $44,830.50
WAPs $14,586.00
Datto BCDR $2,574.00
Cybersecurity Compliance and Risk Mitigation $32,010.00 Total $151,486.50
ITEM NO. 6.3
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Director of Public Works
James Cramsie, Sr. Director of Engineering
DATE: July 9, 2026
SUBJECT:
Consideration of Award of Contract No. CITY-1554, Citywide Catch Basin Retrofits – Phase 3, to United Storm Water, Inc., in an amount not to exceed $304,716.00, and adopt Notice of Exemption regarding same Background:
On January 15, 2026, the City Council authorized solicitation of public bids for Citywide Catch Basin Retrofits – Phase 3 project for an estimated cost of $263,000.00. This project was bid to procure a contractor to provide retrofit of 63 existing catch basins to add Connector Pipe Screens (CPS) and Automatic Retractable Screens (ARS) throughout the City.
On April 9, 2026, the bid was posted in the City’s PlanetBids™ vendor portal and an email notification was sent to 597 vendors. The bid was viewed by 25 prospective bidders. The appropriate trade journals were notified on April 14, 2026. The bid was advertised on April 17, 2026 and April 24, 2026 in the San Gabriel Valley Tribune. Questions pertaining to the bid were received up until May 8, 2026 at 5:00 p.m. in the City’s PlanetBids™ vendor portal.
Discussion:
The bid process closed on June 4, 2026. Four (4) bids were received. The review of bids has found that United Storm Water Inc., has submitted the lowest responsive bid and has the relevant experience, qualifications, and licensing necessary to complete this project. Below is a table of all bidders and their prices, showing that Estate Design and Construction is the lowest bidder.
Bidder Bid Price
Estate Design and Construction, Inc. $198,700.00
United Storm Water, Inc. $304,716.00
Van Engineering Inc $433,596.00
Oppenheimer National $472,075.00
Upon review of the bids, the apparent lowest bidder, Estate Design and Construction, Inc., did not use separate or missing notary acknowledgment forms for each project document as specified in the specifications. Therefore, Estate Design and Construction, Inc. bid was deemed non-responsive.
Staff has determined that this project is subject to review under the California Environmental Quality Act (“CEQA”), however, it falls within the Categorical Exemption, Section 15301 Class 1, minor alteration of existing public facilities. As set forth above, the project involves the retrofitting of existing catch basins with trash capture devices, and pursuant to Section 15301 of the CEQA Regulations, the repair, maintenance, or minor alteration of existing facilities is exempt, as long as there is no expansion (or only negligible expansion) of the use. Here, Staff is proposing the retrofit of 63 existing catch basins to add Connector Pipe Screens (CPS) and Automatic Retractable Screens (ARS) throughout the City. Based on the foregoing, Staff is recommending that the City Council adopt a Notice of Exemption for the project.
Fiscal Impact:
The fiscal impact is $304,716.00. This project (MP 16-09 #3) is approved for Measure W funds.
At this time, $5.5M is available in the Measure W cash and investment accounts for this project.
Staff will update the Annual Report with the final cost of the project and adjust the budget accordingly.
Recommendation:
1. Staff recommends that the City Council consider the results of the Citywide Catch Basin Retrofits – Phase 3 bid and award the bid to United Storm Water, Inc. and
2. Authorize the City Manager to approve change orders up to ten percent of the contract amount; and
3. Staff recommends that the Council adopt the Notice to Exemption for this project Exhibits:
1. Bid Results
2. United Storm Water - Bid Schedule Packet
3. Contractor’s State of California and Department of Industrial relations License Detail
4. Notice of Exemption
City of Industry
Submissions for Solicitation Citywide Catch Basin Retrofit - Phase 3 (CITY-1554)Issued on 04/09/2026Submissions Due on June 04, 2026 10:00 AM (PDT)Exported on 06/04/2026Line Totals (Unit Price * Quantity)Item No Description UOM Qty Estate Design and Construction - Unit Price
Estate Design and Construction - Line Total
1 MOBILIZATION LS 1 $6,000.20 $6,000.202 AUTOMATIC RETRACTABLE SCREEN (ARS), W <= 5' EA 11 $1,250.00 $13,750.003 AUTOMATIC RETRACTABLE SCREEN (ARS), 5' < W <= 8' EA 12 $1,550.00 $18,600.004 AUTOMATIC RETRACTABLE SCREEN (ARS), 8' < W <= 14' EA 13 $2,000.00 $26,000.005 AUTOMATIC RETRACTABLE SCREEN (ARS), 14' < W <= 21' EA 24 $3,000.00 $72,000.006 AUTOMATIC RETRACTABLE SCREEN (ARS), W > 21' EA 3 $5,500.00 $16,500.007 PHOTOGRAPHIC DOCUMENTATION OF THE WORK LS 1 $350.00 $350.008 CONNECTOR PIPE SCREENS (CPS) EA 59 $432.20 $25,499.809 REPAIR CATCH BASIN (ALLOWANCE OF $20,000) AL 1 $20,000.00 $20,000.00 Subtotal $198,700.00Total $198,700.00
City of Industry
Submissions for Solicitation Citywide Catch Basin Retrofit - Phase 3 (CITY-1554)Issued on 04/09/2026Submissions Due on June 04, 2026 10:00 AM (PDT)Exported on 06/04/2026Line Totals (Unit Price * Quantity)Item No Description UOM Qty 1 MOBILIZATION LS 12 AUTOMATIC RETRACTABLE SCREEN (ARS), W <= 5' EA 113 AUTOMATIC RETRACTABLE SCREEN (ARS), 5' < W <= 8' EA 124 AUTOMATIC RETRACTABLE SCREEN (ARS), 8' < W <= 14' EA 135 AUTOMATIC RETRACTABLE SCREEN (ARS), 14' < W <= 21' EA 246 AUTOMATIC RETRACTABLE SCREEN (ARS), W > 21' EA 37 PHOTOGRAPHIC DOCUMENTATION OF THE WORK LS 18 CONNECTOR PIPE SCREENS (CPS) EA 599 REPAIR CATCH BASIN (ALLOWANCE OF $20,000) AL 1 United Storm Water, Inc. - Unit Price
United Storm Water, Inc. - Line Total
$14,000.00 $14,000.00
$1,150.00 $12,650.00$2,300.00 $27,600.00$3,450.00 $44,850.00$4,600.00 $110,400.00$5,700.00 $17,100.00 $1.00 $1.00
$985.00 $58,115.00
$20,000.00 $20,000.00
$304,716.00
$304,716.00
City of Industry
Submissions for Solicitation Citywide Catch Basin Retrofit - Phase 3 (CITY-1554)Issued on 04/09/2026Submissions Due on June 04, 2026 10:00 AM (PDT)Exported on 06/04/2026Line Totals (Unit Price * Quantity)Item No Description UOM Qty 1 MOBILIZATION LS 12 AUTOMATIC RETRACTABLE SCREEN (ARS), W <= 5' EA 113 AUTOMATIC RETRACTABLE SCREEN (ARS), 5' < W <= 8' EA 124 AUTOMATIC RETRACTABLE SCREEN (ARS), 8' < W <= 14' EA 135 AUTOMATIC RETRACTABLE SCREEN (ARS), 14' < W <= 21' EA 246 AUTOMATIC RETRACTABLE SCREEN (ARS), W > 21' EA 37 PHOTOGRAPHIC DOCUMENTATION OF THE WORK LS 18 CONNECTOR PIPE SCREENS (CPS) EA 599 REPAIR CATCH BASIN (ALLOWANCE OF $20,000) AL 1 Van Engineering inc - Unit Price
Van Engineering inc - Line Total
$75,000.00 $75,000.00
$1,800.00 $19,800.00$2,508.00 $30,096.00$3,500.00 $45,500.00$6,000.00 $144,000.00$7,800.00 $23,400.00$5,000.00 $5,000.00$1,200.00 $70,800.00 $20,000.00 $20,000.00
$433,596.00
$433,596.00
City of Industry
Submissions for Solicitation Citywide Catch Basin Retrofit - Phase 3 (CITY-1554)Issued on 04/09/2026Submissions Due on June 04, 2026 10:00 AM (PDT)Exported on 06/04/2026Line Totals (Unit Price * Quantity)Item No Description UOM Qty 1 MOBILIZATION LS 12 AUTOMATIC RETRACTABLE SCREEN (ARS), W <= 5' EA 113 AUTOMATIC RETRACTABLE SCREEN (ARS), 5' < W <= 8' EA 124 AUTOMATIC RETRACTABLE SCREEN (ARS), 8' < W <= 14' EA 135 AUTOMATIC RETRACTABLE SCREEN (ARS), 14' < W <= 21' EA 246 AUTOMATIC RETRACTABLE SCREEN (ARS), W > 21' EA 37 PHOTOGRAPHIC DOCUMENTATION OF THE WORK LS 18 CONNECTOR PIPE SCREENS (CPS) EA 599 REPAIR CATCH BASIN (ALLOWANCE OF $20,000) AL 1 Oppenheimer national - Unit Price
Oppenheimer national - Line Total
$36,250.00 $36,250.00
$2,075.00 $22,825.00$2,812.50 $33,750.00$3,625.00 $47,125.00$5,875.00 $141,000.00$6,625.00 $19,875.00$3,750.00 $3,750.00$2,500.00 $147,500.00 $20,000.00 $20,000.00
$472,075.00
$472,075.00
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THE CONTRACTOR'S GENERAL CONFORMANCE WITH THE
DESIGN CONCEPT OF THE PROJECT AND GENERAL CON.
PLIANCE WITH THE SPECIFICATIONS. THE CONTRACTOR
IS SOLELY RESPONSIBLE FOR THE CORRECTNESS OF
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BY DATE...........---
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DESIGN CONCEPT OF THE PROJECT AND GENERAL CON.
PLIANCE WITH THE SPECIFICATIONS. THE CONTRACTOR
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DIMENSIONS, PROPER CONSTRUCTION AND INSTALLATION METHODS, AND FOR FULFILUNG ALL CONTRACTUAL REQUIREMENTS. ACCEPTANCE INDICATED HEREON
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BY DATE...........---
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EXHIBIT B
CITY-1554 - Addendum No. 1 ADDENDUM NO. 1
PAGE 1 OF 1
CITY OF INDUSTRY
15625 Mayor Dave Way
City of Industry, CA 91744
ADDENDUM NO. 1
TO THE CONTRACT DOCUMENTS FOR:
CITY OF INDUSTRY
CONTRACT NO. CITY-1554
Citywide Catch Basin Retrofit - Phase 3
May 19, 2026
This Addendum forms a part of the Contract Documents and modifies the original bid documents. Acknowledge receipt of the Addendum on PlanetBids™ per Bidders Information Sheet of the Contract Documents and Specifications. Failure to do so will result in the bid being deemed non-responsive.
Note: It is the responsibility of all bidders to notify all subcontractors from whom they request bids and from whom they accept bids of all changes contained in this addendum.
All other terms and conditions remain unchanged.
ADDENDUM NO. 1 CONTENTS
I. SPECIFICATIONS
* * * * * * * * * *
I. SPECIFICATIONS
1. NOTICE INVITING SEALED BIDS, PAGE A-1, change the date of receiving bids to Thursday, June 4, 2026 at 10:00 a.m. via the City of Industry’s PlanetBidsTM vendor portal.
NOTE
Please note the City is working diligently to address all of the posted questions and will be releasing subsequent addenda to clarify the issues raised, with sufficient time to adjust bids.
*** END OF ADDENDUM NO. 1 ***
CITY-1554 - Addendum No. 2 ADDENDUM NO. 2
PAGE 1 OF 4
CITY OF INDUSTRY
15625 Mayor Dave Way
City of Industry, CA 91744
ADDENDUM NO. 2
TO THE CONTRACT DOCUMENTS FOR:
CITY OF INDUSTRY
CONTRACT NO. CITY-1554
Citywide Catch Basin Retrofit - Phase 3
May 21, 2026
This Addendum forms a part of the Contract Documents and modifies the original bid documents. Acknowledge receipt of the Addendum on PlanetBids™ per Bidders Information Sheet of the Contract Documents and Specifications. Failure to do so will result in the bid being deemed non-responsive.
Note: It is the responsibility of all bidders to notify all subcontractors from whom they request bids and from whom they accept bids of all changes contained in this addendum.
All other terms and conditions remain unchanged.
ADDENDUM NO. 2 CONTENTS
I. SPECIFICATIONS
II. PLANETBIDS QUESTIONS AND ANSWERS
* * * * * * * * * *
I. SPECIFICATIONS
1. SECTION E SPECIAL PROVISIONS, PART 9 EXISTING CATCH BASINS
INSPECTION, SUBMITTALS, AUTOMATIC RETRACTABLE SCREEN (ARS) UNITS AND CONNECTOR PIPE SCREENS (CPS), SUBSECTION 900–1 CATCH BASINS, PAGE E-15 add the below paragraph to the end of the subsection:
900–1.6 As-built Documentation. At the end of the project and prior to final acceptance of improvements, the Contractor shall provided as-built documentation as defined in Attachment C of Attachment No. 1 of these project specifications, for review and approval by the City.
2. SECTION E SPECIAL PROVISIONS, PART 9 EXISTING CATCH BASINS
INSPECTION, SUBMITTALS, AUTOMATIC RETRACTABLE SCREEN (ARS) UNITS AND CONNECTOR PIPE SCREENS (CPS), SUBSECTION 900–2.5 DEBRIS DISPOSAL, PAGE E-17 revise the paragraph to read as follows:
All trash and debris removed under this Contract shall legally disposed of away from the basin sites per these specifications. The Contractor is responsible for proper disposal of the trash and debris, including obtaining approvals from all jurisdictional agencies,
CITY-1554 - Addendum No. 2 ADDENDUM NO. 2
PAGE 2 OF 4
as applicable. The contractor shall contact LA County Animal Care and Control for pickup and disposal of dead animals. However, the Contractor shall be responsible for removing any dead animal from inside a catch basin. The Contractor shall also be responsible for contacting and coordinating with Animal Care and Control; a list of local Animal Care and Control offices may be obtained at
http://animalcare.lacounty.gov/locationByCity.asp.
3. SECTION E SPECIAL PROVISIONS, PART 9 EXISTING CATCH BASINS
INSPECTION, SUBMITTALS, AUTOMATIC RETRACTABLE SCREEN (ARS) UNITS AND CONNECTOR PIPE SCREENS (CPS), SUBSECTION 900–4.2
REQUIREMENTS, NUMBER 8, PAGE E-18 revise the paragraph to read as follows:
8) Units shall be fabricated from twelve (12) gauge (0.105 inches) or thicker metal, with 3/4-inch diameter holes, and with a total open area of not less than 50 percent, or shall be fabricated from flattened expanded metal with the following properties:
a. Style: 3/4” - #9
b. SWO= 0.563 inches (vertical)
c. LWO= 1.688 inches (horizontal)
d. Percent of open area: 63%
e. Overall thickness: 0.120 inches
f. Uncoated Type 304 stainless steel, except concrete anchor bolds shall be Type 316 stainless steel.
4. SECTION E SPECIAL PROVISIONS, PART 9 EXISTING CATCH BASINS
INSPECTION, SUBMITTALS, AUTOMATIC RETRACTABLE SCREEN (ARS) UNITS AND CONNECTOR PIPE SCREENS (CPS), SUBSECTION 900–4.7 ONSITE TEST, PAGE E-19 revise the second paragraph to read as follows:
The Contractor shall perform necessary adjustments to the units to ensure proper functions prior to requesting the water testing. All catch basins in which ARS units were installed shall be tested per requirements in Attachment B of Attachment No. 1 of these project specifications. The Contractor shall be responsible for providing the source of water, including written approval from the water agency if a hydrant is used. Sufficient water shall be provided to cause the ARS units to open with no other assistance as follows:
II. PLANETBIDS QUESTIONS & ANSWERS
1. QUESTION: Disposal-- There is conflicting information provided in the bid specifications regarding disposal. Part 4 (section 401-1.1; page E-7) states that the Contractor must obtain bins and trans for disposal from Valley Vista Services due to a franchise agreement, and Part 9 (section 900-2.5; page E-17) states the extracted waste shall become the property of the Contractor. Which section is correct as these seem to be conflicting instructions? ANSWER: See Specifications as part of the Addendum.
CITY-1554 - Addendum No. 2 ADDENDUM NO. 2
PAGE 3 OF 4
2. QUESTION: ARS Water Testing-- Please confirm the frequency of ARS water testing that will be required for this project as there is conflicting information provided in the bid specifications. Section 900-4.7 (page E-20, 2nd paragraph) states that water testing will be required at catch basins where both an ARS and CPS are installed as well as for all 302 type catch basins. Attachment 1 (Attachment A, 3rd paragraph; Attachment B, 2nd paragraph) states that all ARS must be water tested. Which water testing criteria is correct? Los Angeles County usually only requires that 25% of ARS retrofitted catch basins be water tested.
ANSWER: For testing frequency, see Specifications as part of this Addendum.
3. QUESTION: How will the Contractor be compensated for the various return trips that will be required to County owned catch basins for inspections and water testing?
ANSWER: The bidder shall include all anticipated costs necessary for the fabrication and installation of units within County owned catch basins per unit.
4. QUESTION: Please confirm if the ARS screens must be fabricated from 12- gauge stainless steel and that all hardware must be type 316 stainless steel as stated in the bid specifications?
ANSWER: See Specifications as part of the Addendum.
5. QUESTION: Please confirm that all hardware for the CPS devices must be type 316 stainless steel as indicated in the bid specifications, or is 304 stainless steel acceptable?
ANSWER: See Section 900-5.3 and Attachment A of Attachment 1 of the project specifications for CPS material requirements.
6. QUESTION: Are any stormwater units within this scope of work located in bus stops or a transit rights-of-way?
ANSWER: No catch basins are located in or within 50 feet of an existing bus stop.
7. QUESTION: Does the city have shape files that can be shared with the contractor after the award of the contract?
ANSWER: The City will provided the digital information with the successful bidder.
8. QUESTION: Will the city extend the bid due date so contractors can have time to adjust their proposals based on the answers provided? ANSWER: See Addendum No. 1 for bid due date information.
9. QUESTION: Does the city require the CPS devices to be pre-manufactured prior to installation, rather than manufactured on-site?
ANSWER: The method of manufacturing shall be determined by the contractor.
10. QUESTION: Does the city have any requirements for vector control lids (fully hinged lid or hinged viewing portal), when applicable?
ANSWER: No, there are no requirements for vector control lids.
CITY-1554 - Addendum No. 2 ADDENDUM NO. 2
PAGE 4 OF 4
11. QUESTION: Will the City accept a pressure/force test using a force gauge in lieu of water testing?
ANSWER: Testing for ARS Units shall be per Attachment B of Attachment 1 of the project specifications.
12. QUESTION: Can the city provide pipe sizes for the connector pipes where the CPS devices will be installed?
ANSWER: See Sheet 5 of the plans for information on each catch basin, including outlet pipe sizes.
13. QUESTION: Is the City requiring construction “As-built” drawings for each installation?
ANSWER: Yes, as-built information is required to be provided by the Contractor upon completion of the project.
14. QUESTION: Will the City accept standard manufacturer drawings for devices in lieu of site-specific as-built drawings?
ANSWER: See Specifications as part of this Addendum.
15. QUESTION: Does the City require full pipe coverage with the CPS? ANSWER: Yes, to the maximum extent practical.
*** END OF ADDENDUM NO. 2 ***
City of Industry
Submissions for Solicitation Citywide Catch Basin Retrofit - Phase 3 (CITY-1554)Issued on 04/09/2026Submissions Due on June 04, 2026 10:00 AM (PDT)Exported on 06/04/2026Line Totals (Unit Price * Quantity)Item No Description UOM Qty United Storm Water, Inc. - Unit Price
United Storm Water, Inc. - Line Total
1 MOBILIZATION LS 1 $14,000.00 $14,000.002 AUTOMATIC RETRACTABLE SCREEN (ARS), W <= 5' EA 11 $1,150.00 $12,650.003 AUTOMATIC RETRACTABLE SCREEN (ARS), 5' < W <= 8' EA 12 $2,300.00 $27,600.004 AUTOMATIC RETRACTABLE SCREEN (ARS), 8' < W <= 14' EA 13 $3,450.00 $44,850.005 AUTOMATIC RETRACTABLE SCREEN (ARS), 14' < W <= 21' EA 24 $4,600.00 $110,400.006 AUTOMATIC RETRACTABLE SCREEN (ARS), W > 21' EA 3 $5,700.00 $17,100.007 PHOTOGRAPHIC DOCUMENTATION OF THE WORK LS 1 $1.00 $1.008 CONNECTOR PIPE SCREENS (CPS) EA 59 $985.00 $58,115.009 REPAIR CATCH BASIN (ALLOWANCE OF $20,000) AL 1 $20,000.00 $20,000.00 $304,716.00
$304,716.00
NOTICE OF EXEMPTION
To: County Clerk
County of Los Angeles
Environmental Filings
12400 East Imperial Highway #2001
Norwalk, CA 90650
From: City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Project Title: CITY-1554, Citywide Catch Basin Retrofits – Phase 3 Project Location - Specific: Citywide
Project Location-City: City of Industry Project Location-County: Los Angeles Description of Project: This project is to retrofit of 63 existing catch basins to add Connector Pipe Screens (CPS) and Automatic Retractable Screens (ARS) throughout the City.
Name of Public Agency Approving Project: City of Industry Name of Person or Agency Carrying Out Project: City of Industry Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
; Categorical Exemption. State type and section number: 15301 Class 1
Statutory Exemptions. State code number:
Reasons why project is exempt: The proposed project is exempt from the California Environmental Quality Act (“CEQA”) per Section 15301 Class 1 of the CEQA Regulations in which the minor alteration of existing public or private structures or facilities involve negligible or no expansion of existing use. This project is to retrofit of 63 existing catch basins to add Connector Pipe Screens (CPS) and Automatic Retractable Screens (ARS) throughout the City.
Lead Agency
Contact Person: Mathew Hudson Telephone: (626) 333-2211 Signature: Date: July 9, 2026
Title: Director of Public Works
ITEM NO. 6.4
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Asst. City Manager
DATE: July 9, 2026
SUBJECT: Consideration of Resolution No. CC 2026-20 – A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,
APPROVING A DONATION TO THE GABRIEL FOUNDATION, IN THE
AMOUNT OF ONE HUNDRED TWENTY THOUSAND DOLLARS
($120,000.00), FOR THE INDUSTRY HILLS CHARITY PRO RODEO Background:
The Gabriel Foundation (“Foundation”) is a non-profit organization that supports disadvantaged children and those with special needs in the San Gabriel Valley by raising funds that are used to help organizations throughout the community. These organizations include Delhaven Community Center, Industry Sheriff’s Youth Athletic League, YMCA, Friends of the Heart, Emanate Health, New Horizons, San Gabriel Valley Dental, and SGV Boys and Girls Club. The Foundation works to provide funding to these organizations, so they may be able to provide the assistance needed.
Discussion:
The City has been a long-time supporter of the Foundation and a sponsor of the Industry Hills Charity Pro Rodeo. The Foundation continues to seek ways to improve the quality of the event and increase overall attendance, participation, and revenue each year. The donation of $120,000.00, along with other fundraising activities will help the Foundation continue to support the community. The City’s donation serves a public purpose by contributing to an organization that supports youth and those with special needs. In addition to its monetary donation, the City provides an in-kind donation of City Staff support services for the Industry Hills Charity Pro Rodeo, which is determined by City Staff’s availability to assist with event planning, set up, supporting day-of activities, and event tear down. At least one month prior to the Industry Hills Charity Pro Rodeo, the City Manager will provide the City Council with an estimate of the time and number of Staff necessary to assist with the event.
Fiscal Impact:
In the Fiscal Year 2026/27 budget, $371,000.00 was approved for Donations for Community Promotions and Economic Development. No appropriations are required at this time (Account No. 100-621-5602).
Recommendation:
Staff recommends that the City Council adopt Resolution No. CC 2026-20.
Exhibits:
1. Resolution No. CC 2026-20
RESOLUTION NO. CC 2026-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
INDUSTRY, CALIFORNIA, APPROVING A DONATION TO THE
GABRIEL FOUNDATION, IN THE AMOUNT OF ONE HUNDRED
TWENTY THOUSAND DOLLARS ($120,000.00), FOR THE
INDUSTRY HILLS CHARITY PRO RODEO
RECITALS
WHEREAS, The Gabriel Foundation (“Foundation”) is a California non-profit organization that raises funds to provide programs and resources to disadvantaged children and those with special needs, throughout the San Gabriel Valley. The Foundation has sponsored the Community Kids Day and has introduced Western Heritage to thousands of children in the grades three through five; and WHEREAS, the Foundation requested a donation from the City to assist with the Industry Hills Charity Pro Rodeo. The donation of $120,000.00, along with other fundraising activities will help the Foundation continue supporting the community; and; WHEREAS, in addition to its monetary donation, the City provides an in-kind donation of City Staff support services for the Industry Hills Charity Pro Rodeo, which is determined by City Staff’s availability to assist with event planning, set up, supporting day-of activities, and event tear down; and
WHEREAS, the City’s donation serves a public purpose in that the Foundation is able to provide grant funds to various organizations throughout the San Gabriel Valley that work to assist children in need, including, but not limited to, Delhaven Community Center, the Industry Sheriff’s Youth Athletic League, SGV Boys & Girls Club, and countless other organizations. The City’s donation will allow the Foundation to provide grant funding to assist non-profit organizations in the community and surrounding areas; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1: The City Council finds that all of the facts set forth in the Recitals are true and correct, and are incorporated herein by reference.
SECTION 2: The City’s donation serves a public purpose in that the Foundation is a California non-profit organization and is able to provide grant funds to various organizations throughout the San Gabriel Valley that work to assist children in need, including, but not limited to, Delhaven Community Center, the Industry Sheriff’s Youth Athletic League, SGV Boys & Girls Club, and countless other organizations. The City’s
donation will allow the Foundation to provide grant funding to assist non-profit organizations in the community and surrounding areas.
SECTION 3: The City Council approves a donation to the Foundation in the amount of One Hundred Twenty Thousand Dollars ($120,000.00), as well as an in-kind donation of necessary City Staff support services. At least one month prior to the Industry Hills Charity Pro Rodeo, the City Manager shall provide an estimate of the time and number of Staff necessary to assist with the event.
SECTION 4: The City Manager is hereby authorized and directed to take such other and further action consistent with this Resolution, in order to implement this Resolution on behalf of the City.
SECTION 5: The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.
SECTION 6: That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on July 9, 2026, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
Cory C. Moss, Mayor
ATTEST:
_________________________________
Julie Gutierrez-Robles, City Clerk
ITEM NO. 6.5
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: James Casso, City Attorney
DATE: July 9, 2026
SUBJECT: Consideration of Resolution No CC 2026-22– A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,
DECLARING CERTAIN CITY-OWNED REAL PROPERTY LOCATED AT
THE CORNER OF WORKMAN MILL ROAD AND CROSSROADS
PARKWAY, NORTH, UNINCORPORATED LOS ANGELES COUNTY,
(APN 8120-027-272), AS EXEMPT SURPLUS LAND UNDER
CALIFORNIA GOVERNMENT CODE SECTION 54221(f)(1)(D) AND
MAKING THE REQUISITE CEQA FINDINGS
Background:
In 2021, the California Department of Housing and Community Development (“HCD”) issued the Surplus Land Act Guidelines (“Guidelines”) to assist public agencies with the implementation of the Surplus Land Act (“Act”).
Under the Act, prior to disposing of City of Industry (“City”) owned land that is no longer necessary for the City’s own use, the City is required to declare the land either “surplus land” or “exempt surplus land”.
Surplus land that a local agency sells/transfers to another public agency for its use may be declared “exempt surplus land” under California Government Code §54221(f)(1)(D) and, if HCD finds compliance with Section 54221(f)(1)(D), the sale is authorized, and the City has no further obligations under the Act related to the sale.
Discussion:
The City is the owner in fee simple of that portion of certain real property located at the corner of Workman Mill Road and Crossroads Parkway, North, Unincorporated Los Angeles County (“Property”).
The County Sanitation District No. 18 of Los Angeles County (“Sanitation District”) is interested in purchasing the corner of Workman Mill Road and Crossroads Parkway, North, Unincorporated Los Angeles County. The Sanitation District plans on using the property as an overflow parking lot for its staff, board members, and visitors.
Fiscal Impact:
There is no fiscal impact associated with adoption of the Resolution.
Recommendation:
Staff recommends that the City Council adopt the Resolution, direct Staff to file the Notice of Exemption, and direct Staff to file a copy of the Resolution with HCD.
Exhibits:
1. Resolution No. CC 2026-22
2. Notice of Exemption
RESOLUTION NO. CC 2026-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF INDUSTRY, CALIFORNIA, DECLARING CERTAIN
CITY-OWNED REAL PROPERTY LOCATED AT THE
CORNER OF WORKMAN MILL ROAD AND CROSSROADS
PARKWAY, NORTH, UNINCORPORATED LOS ANGELES
COUNTY, (APN 8120-027-272), AS EXEMPT SURPLUS
LAND UNDER CALIFORNIA GOVERNMENT CODE
SECTION 54221(f)(1)(D) AND MAKING THE REQUISITE
CEQA FINDINGS
RECITALS
WHEREAS, the City of Industry (“City”) is the owner in fee simple of that certain portion of real property located at the corner of Workman Mill Road and Crossroads Parkway, North, Unincorporated Los Angeles County, California, (APN: 8120-027-272) described further in Exhibit “A”, attached hereto and made a part hereof (“Property”); and WHEREAS, the County Sanitation District No. 18 of Los Angeles County, a county sanitation district organized and existing under the provisions of the County Sanitation District Act, California Health and Safety Code section 4700, et seq., (“Sanitation District”) has requested the City sell the Property for use as an overflow parking lot for its staff, board members, and visitors.
WHEREAS, California Government Code section 54221(f)(1)(D) provides that surplus land that a local agency is transferring to another local, state, or federal agency for the agency's use is exempt surplus and need not comply with the noticing and sales requirements to make the land available for development as affordable housing; and
WHEREAS, the City is proposing to sell the Property to the Sanitation District to use in furtherance of its purpose and function. Because the Property is being sold to another local governmental agency for that agency’s use, the provisions of the Surplus Land Act, Government Code section 54220, et seq., ("SLA") are satisfied and the Property is exempt surplus land and the City does not need to comply with the provisions of the SLA; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1: The City Council finds that all of the facts set forth in the Recitals are true and correct and are incorporated herein by reference.
SECTION 2: All necessary public meetings and opportunities for public testimony and comment have been conducted in compliance with State law and the City’s Code.
SECTION 3: The City Council hereby finds and determines that, consistent with Government Code Section 54221(f)(1)(D), the City will dispose of the Property to the Sanitation District, a California county sanitation district, for its use consistent with its purpose and function under the Health and Safety Code and therefore the City is not required to comply with the provisions of the Surplus Land Act.
SECTION 4: This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City Staff has determined that the designation of this property as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from Page 103 of 132 further review under CEQA pursuant to State CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that adoption of the Resolution has no possibility of having a significant effect on the environment. If and when the Property is sold to the Sanitation District and the Sanitation District proposes a use for the Property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. The City Council adopts the Notice of Exemption and directs Staff to file same, as required by law.
SECTION 5: The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.
SECTION 6: That the City Clerk shall certify the adoption of this Resolution and that the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on July 9, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
______________________________
Cory C. Moss, Mayor
ATTEST:
___________________________
Julie Gutierrez-Robles, City Clerk
NOTICE OF EXEMPTION
To: County Clerk
County of Los Angeles
Environmental Filings
12400 East Imperial Highway #2001
Norwalk, CA 90650
From: City of Industry
15625 Mayor Dave Way, Suite 100
City of Industry, CA 91744
Project Title: Resolution declaring property generally located at the corner of Workman Mill Road and Crossroads Parkway, North, Unincorporated Los Angeles County as exempt surplus property Project Location - Specific: 804 Azusa Avenue, City of Industry, California, (APN:8120-027-272) Project Location-City: Unincorporated Los Angeles County Project Location-County: Los Angeles Description of Project: Adoption of a Resolution declaring the property as exempt surplus property under the California Surplus Land Act
Name of Public Agency Approving Project: City of Industry Name of Person or Agency Carrying Out Project: City of Industry Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number: 15060(c)(3) and 15378 Statutory Exemptions. State code number:
Reasons why project is exempt: That the designation of this property as exempt surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the Property is disposed of, and a use for the Property requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.
Lead Agency
Contact Person: Joshua Nelson Telephone: (626) 333-2211 Signature: Date: July 9, 2026
Title: City Manager
ITEM NO. 6.6
1 RESOLUTION NO. CC 2026-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
INDUSTRY APPROVING THE PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF
INDUSTRY AND THE COUNTY SANITATION DISTRICT NO. 18 OF
LOS ANGELES COUNTY FOR PROPERTY LOCATED AT THE
SOUNTWEST CORNER OF WORKMAN MILL ROAD AND
CROSSROADS PARKWAY NORTH, AND ADOPTING A NOTICE OF
EXEMPTION REGARDING SAME
WHEREAS, the City of Industry (the “City”) is the owner of that certain real property located at the Southwest corner of Workman Mill Road and Crossroads Parkway North, in unincorporated Los Angeles County designated as APN 8120-027-272, together with all right, title and interest in and to all appurtenances and improvements, if any, (the “Property”); and WHEREAS, the County Sanitation District No. 18, of Los Angeles County (the “Sanitation District”), desires to purchase the Property for necessary public purposes from the City, and the City desires to sell the Property to Buyer pursuant to a Purchase and Sale Agreement and Joint Escrow Instructions (the “Agreement”), attached hereto as Exhibit A and incorporated herein by reference.
The purchase price is $1,900,185.00; and
WHEREAS, the purchase of the Property is exempt from the California Environmental Quality Act (“CEQA”) (Public Resources Code Section 21000 et seq.), pursuant to Section 15061(b)(3) of the CEQA Guidelines. Section 15061(b)(3) of the CEQA Guidelines exempts projects covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The sale of the property does not involve any land use entitlements that will allow for development on the property. The sale would not create any public health or safety hazards and would not have a significant impact on the resources or services within the surrounding area, such as water, sanitary services, surrounding roadways and intersections. Any future development at the property will be subject to additional environmental review and independent analysis as required by CEQA; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by reference.
SECTION 2. All necessary public hearings and opportunities for public testimony and comment have been conducted in compliance with State law and the Municipal Code of the City of Industry.
SECTION 3. The purchase of the Property is exempt from the California Environmental Quality Act (“CEQA”) (Public Resources Code Section 21000 et seq.), pursuant to Section 15061(b)(3) of the CEQA Guidelines. Section 15061(b)(3) of the CEQA Guidelines exempts projects covered by the general rule that CEQA applies only to projects which have the potential for causing a significant
2 effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The sale of the property does not involve any land use entitlements that will allow for development on the property. The sale would not create any public health or safety hazards and would not have a significant impact on the resources or services within the surrounding area, such as water, sanitary services, surrounding roadways and intersections. Any future use of the Property may be subject to additional environmental review and independent analysis as required by CEQA.
Based on these findings, the City Council adopts the Notice of Exemption, attached hereto as Exhibit B, and directs Staff to file same as required by law and affirm their respective approval of the purchase and sale of the Property.
SECTION 4. The City Council hereby approves the Purchase and Sale Agreement and Joint Escrow Instructions, attached hereto as Exhibit A.
SECTION 5. The City Manager is hereby authorized to take such further actions as may be necessary to carry out the obligations set forth in this Resolution.
SECTION 6. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.
SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the respective book of original resolutions.
SECTION 8. Effective Date. This Resolution shall take effect immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 9th day of July, 2026, by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
______________________________
Cory C. Moss, Mayor
ATTEST:
___________________________________________
Julie Gutierrez-Robles, City Clerk
70315508.v1
1 DOC 7780139
PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(Southwest Corner of Workman Mill Road and Crossroads Parkway North, Unincorporated Los Angeles County, California)
THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS for the property located at SOUTHWEST CORNER OF WORKMAN MILL ROAD AND
CROSSROADS PARKWAY NORTH, UNINCORPORATED LOS ANGELES COUNTY, CALIFORNIA (this “Agreement”), dated as of __________________, 2026, (the “Effective Date”) is entered into by and between the CITY OF INDUSTRY, a municipal corporation organized under the laws of the State of California, (“City”) and COUNTY SANITATION DISTRICT NO. 18 OF LOS ANGELES COUNTY, a county sanitation district organized and existing under the provisions of the County Sanitation District Act, California Health and Safety Code Section 4700 et seq. (“Buyer”).
The City and Buyer are hereinafter sometimes individually referred to as a “Party” and collectively referred to as the “Parties.”
RECITALS
A. City is the fee owner of approximately 0.83 acres of real property, a portion of which is identified as Los Angeles County Assessor’s Parcel Number 8120-027-272 while the remaining portion has not yet been assigned a parcel number by the Los Angeles County Assessor, located at the southwest corner of Workman Mill Road and Crossroads Parkway North, in an unincorporated area of the County of Los Angeles, California, together with any buildings, structures, and fixtures located thereon, together with all right, title and interest in and to all appurtenances and improvements (collectively, the “Property”). The Property is legally described in Exhibit A and depicted in Exhibit B.
B. Buyer desires to purchase the Property from City, and City desires to sell the Property to Buyer on the terms and conditions contained in this Agreement.
NOW, THEREFORE, for valuable consideration, and subject to all terms and conditions hereof, Buyer and City agree as follows:
1. PURCHASE AND SALE.
A. Sale of Property. Pursuant to the terms and conditions contained in this Agreement, City hereby agrees to sell the Property to Buyer, and Buyer hereby agrees to purchase the Property from City.
B. Conveyance of Title. At the Close of Escrow (as defined below), City shall convey to Buyer marketable fee simple title to the Property free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, and taxes other than those matters disclosed by the Title Report (as defined below) that Buyer specifically approves in writing or are deemed approved under Section 4 below (collectively, “Permitted Exceptions”).
2. PURCHASE PRICE. The purchase price for the Property shall be One Million Nine Hundred Thousand, One Hundred Eight-Five Dollars and Zero Cents ($1,900,185.00) (the “Purchase Price”) payable by Buyer to City in cash on the Closing Date (as defined in Section 3B below). Notwithstanding the above, if any of the conditions to closing set forth in Section 5A are not satisfied and escrow fails to close as a result thereof, the Purchase Price shall be fully refundable to Buyer.
CSD CONTRACT NO. ____________
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3. ESCROW.
A. Opening of Escrow. The Parties shall open an escrow at the offices of Escrow 321 (“Escrow Holder”). The principal office of the Escrow Holder for purposes of this Agreement is 4000 Barranca Parkway, Suite 155, Irvine, California 92604, Attention: Morgan Beck, Escrow Officer, Telephone: (949) 401-4781, Email: [email protected]. Upon mutual execution of this Agreement, Buyer and City shall deliver a fully executed copy of this Agreement to Escrow Holder B. Closing Date. Escrow shall close ninety (90) days following the Effective Date. For purposes of this Agreement, the “Close of Escrow” shall occur on the date on which the grant deed conveying the Property to Buyer, attached hereto as Exhibit C (“Grant Deed”), is recorded in the Los Angeles County Recorder’s Office. References to “Closing Date” or “Closing” in this Agreement shall mean the Close of Escrow.
C. Title Company. The title company and title officer are: SoCal Title Company and Title Officer, Blake Uradomo, 8213 White Oak Avenue, Rancho Cucamonga, California 91730, Telephone (909) 808-4310, Email: [email protected].
4. BUYER’S DUE DILIGENCE.
A. General. Buyer has a period of sixty (60) calendar days after the Effective Date to conduct due diligence investigations and inspections of the Property (“Due Diligence Period”).
During the Due Diligence Period, Buyer, at its sole cost, may inspect and investigate, in its sole and absolute discretion, the Property and its physical, environmental, legal, title, regulatory, financial, and leasing conditions. Buyer may approve or disapprove of the Property or any aspect thereof in its sole and absolute discretion for any reason or no reason. During the Due Diligence Period, Buyer may enter upon the Property and conduct physical and environmental inspections of the Property (including, without limitation, Phase I and Phase II environmental site assessments, as well as soil borings and other invasive testing) upon prior reasonable notice to City. Buyer shall indemnify, defend and hold harmless City from and against any claims, liabilities, damages, fees and expenses arising out of Buyer’s access on the Property, excluding mere discovery of adverse conditions. If Buyer is satisfied with all due diligence matters (including, without limitation, any conditions of title described in the Title Report), all of the inspections or investigations Buyer elects to undertake as described above, and the City Documents (as defined below), then Buyer shall deliver written notice of such satisfaction to City prior to the end of the Due Diligence Period (“Notice of Due Diligence Approval”). If Buyer fails to timely deliver a Notice of Due Diligence Approval or provides to City written notice of its disapproval of the Property, then the Property will be deemed disapproved, this Agreement will immediately, automatically and unconditionally terminate, and the Parties shall have no further rights or obligations under this Agreement except for those rights and obligations which expressly survive the termination of this Agreement and those rights and remedies which may have accrued under this Agreement, at law or equity prior to such termination. Upon such termination, Escrow Holder shall immediately return any and all amounts deposited by Buyer (if any) to Buyer, plus any interest earned thereon. City shall execute any documents or agreements requested by Escrow Holder or Buyer to effectuate the return of any and all amounts deposited by Buyer (if any) to Buyer in a prompt manner.
B. City Documents. Within ten (10) calendar days after the Effective Date, to the extent in City’s possession or control within the past three (3) years, City shall deliver to Buyer true and correct copies of any and all (i) leases, licenses, and easements affecting the Property, (ii) surveys, drawings and specifications for the Property, (iii) soils reports and hazardous waste reports with respect to the
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Property, (iv) permits and governmental approvals, (v) insurance policies, service contracts, and any other contracts or agreements affecting or relating to the ownership, operation, maintenance, construction or development of the Property, (vi) the most recently issued bills for all real property taxes and assessments payable with respect to the Property, and (vii) such other documents in City’s possession, custody, or control which relate to the Property (collectively, the “City Documents”). In addition, within ten (10) calendar days after the Effective Date, City shall deliver to Buyer a Preliminary Title Report, prepared by the Title Company concerning the Property (the “Title Report”), as well as legible copies of all documents referred to in the Title Report and a scaled and dimensioned plot showing the location of any easements. References to “City Documents” in this Agreement shall include the Title Report.
C. Survey. Buyer may obtain a current survey of title to the Property that plots all easements and encumbrances and meets ALTA-ACSM standards (the “Survey”) at Buyer’s sole cost and expense.
D. Disapproved Title or Survey Items in Supplement. Upon the issuance of any amendment or supplement to the Title Report or Survey that adds any additional exceptions or items at any time after Buyer delivers the Notice of Due Diligence Approval, Buyer may within five (5) business days after receipt of such amendment or supplement notify City of any matter contained in the amendment or supplement that Buyer does not accept (“Disapproved Exceptions”). If Buyer delivers its Disapproved Exceptions, then City shall have a period of ten (10) calendar days after receipt of Buyer’s Disapproved Exceptions in which to notify Buyer in writing of City’s election to either (i) agree to remove the Disapproved Exceptions prior to the Close of Escrow; or (ii) decline to remove any such Disapproved Exceptions (“City Notice”). Notwithstanding anything to the contrary in this Agreement, prior to the Closing, City shall satisfy and remove from title to the Property any and all monetary liens, security instruments, hypothecations, and encumbrances (including, without limitation, Deeds of Trust) affecting the Property. City’s failure to deliver City’s Notice within the 10-day period will be deemed to be an election by City to decline to remove the Disapproved Exceptions. If City notifies Buyer of its election to decline to remove the Disapproved Exceptions, or if City is deemed to have elected to decline to remove the Disapproved Exceptions or, if City is unable to remove the Disapproved Exceptions, then Buyer may elect, in its sole and absolute discretion, either to terminate this Agreement, or to accept title to the Property subject to the Disapproved Exceptions. The Close of Escrow may be extended by the Parties in order to accommodate the review and notice periods provided for above. If Buyer elects to terminate this Agreement as stated above, this Agreement will immediately, automatically, and unconditionally terminate, and the Parties shall have no further rights or obligations under this Agreement except for those rights and obligations which expressly survive the termination of this Agreement and those rights and remedies which may have accrued under this Agreement, at law or equity prior to such termination. Upon such termination, Escrow Holder shall immediately return any and all amounts deposited by Buyer (if any) to Buyer, plus any interest earned thereon. City shall execute any documents or agreements requested by Escrow Holder or Buyer to effectuate the return of any and all amounts deposited by Buyer (if any) to Buyer.
E. Issuance of Title Policy. As of the Close of Escrow, as a condition in favor of Buyer to the Closing, City shall cause the Title Company to issue or to commit, in writing, to issue to Buyer, a CLTA (or ALTA extended, if elected by Buyer) Owner’s Policy of Title Insurance in the full amount of the Purchase Price insuring title to the Property vested in Buyer, subject only to the Permitted Exceptions (the “Title Policy”).
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F. City Covenant. Until the Close of Escrow, City shall maintain the Property in its condition as of the Effective Date.
5. CONDITIONS TO CLOSING.
A. Buyer’s Conditions to Closing. The Close of Escrow and Buyer’s obligation to purchase the Property pursuant to this Agreement are subject to the satisfaction of the following conditions (collectively, the “Buyer Closing Conditions”) at or prior to the Closing Date:
(i) City is not in breach of any provision of this Agreement after any applicable notice and cure periods;
(ii) City has delivered all documents, agreements, and instruments required to be delivered by City under this Agreement;
(iii) The Property is not damaged or destroyed; and
(iv) The representations and warranties of City contained in this Agreement are true and correct in all material respects.
If any of the Buyer Closing Conditions are not satisfied in Buyer’s sole and absolute discretion, then Buyer may terminate this Agreement by notice to City and Escrow Holder and neither Party shall thereafter have any further obligations or liability to the other hereunder (provided that if such failed condition also constitutes a default by City, then Buyer shall have the right to exercise all rights and remedies under this Agreement, at law or equity). Buyer shall have the right (in its sole and absolute discretion) to waive any or all of the Buyer Closing Conditions and proceed to close Escrow subject to the unsatisfied Buyer Closing Conditions. In the event this Agreement is terminated by Buyer pursuant to this Section, any and all amounts deposited by Buyer in escrow (if any) shall be refunded to Buyer immediately.
B. City’s Condition to Closing. The Close of Escrow and City’s obligation to sell the Property to Buyer pursuant to this Agreement, are subject to the satisfaction of the following conditions at or prior to the Closing Date:
(i) No Default. Buyer shall not be in material default of Buyer’s obligations under this Agreement, including, but not limited to, Buyer’s obligation to deliver the Purchase Price into Escrow on or before the Closing Date. If the conditions above have not been satisfied or waived by City on or before the Closing Date through no fault of City, then City may, upon written notice to Buyer, cancel the Escrow, terminate this Agreement, and recover any documents delivered to Escrow Holder pursuant to this Agreement.
6. REPRESENTATIONS AND WARRANTIES.
A. Buyer hereby represents and warrants to City that (i) it has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transactions contemplated hereby; (ii) all requisite action (corporate, trust, partnership or otherwise) has been taken by Buyer in connection with entering into this Agreement and the instruments referenced
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herein, and the consummation of the transactions contemplated hereby; and (iii) no consent of any other party is required.
B. City hereby represents and warrants to Buyer that (i) it has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transactions contemplated hereby; (ii) all requisite action (corporate, trust, partnership or otherwise) has been taken by City in connection with entering into this Agreement and the instruments referenced herein, and the consummation of the transactions contemplated hereby; and (iii) no consent of any other party is required.
C. City hereby represents and warrants that (i) City has not released any Hazardous Materials (as defined below) on, at, or under the Property, (ii) City has no actual knowledge (after reasonable investigation and inquiry) of any release of Hazardous Materials on the Property, and (iii) City has not received any notice of any violation of any law, ordinance, rule, regulation or order of any governmental authority pertaining to the Property. For purposes of this Agreement, the term “Hazardous Materials” shall mean any and all of those materials, substances, wastes, pollutants, contaminants, byproducts, or constituents which have been determined to be injurious to health or the environment, including without limitation those designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, and any other materials, substances, wastes, pollutants, contaminants, by-products or constituents requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
D. City hereby represents and warrants to Buyer that: (i) there are no leases, options to purchase, rights of first refusal, or contracts for lease or sale of the Property; and (ii) there are no liens, claims, or encumbrances against the Property other than the exceptions identified in the Title Report.
E. City hereby represents and warrants to Buyer that during the term of this Agreement City shall not, without Buyer’s prior written approval, modify any contracts or agreements concerning the Property which will not be terminated on or before the Closing Date. On or before the Closing Date, City shall terminate any and all contracts and agreements concerning the Property effective as of the Closing Date.
F. City hereby additionally represents and warrants to Buyer that (i) there is no pending nor, to the best of City’s knowledge, threatened litigation or condemnation action against the Property or against City with respect to the Property, and (ii) no attachments, execution proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings are pending or threatened against City with respect to the Property, nor are any such proceedings contemplated by City.
City further represents and warrants that all of City’s representations and warranties under this Agreement are true and correct as of the Effective Date and as of the Close of Escrow.
6. INTENTIONALLY OMMITTED.
7. CONDITION OF PROPERTY. The Property shall be conveyed from the City to Buyer on an “AS-IS” condition and basis with all faults and Buyer agrees that the City has no obligation to make modifications, replacements or improvements thereto. Except as expressly and specifically provided in this Agreement, effective as of the Close of Escrow, Buyer and anyone claiming by, through or under Buyer hereby waives its right to recover from and fully and irrevocably releases the City, Buyer, and their respective officers, directors, employees, representatives, agents, advisors, servants, attorneys, successors and assigns, and all persons, firms, corporations and organizations acting on the City’s behalf
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(collectively, the “Released Parties”) from any and all claims, responsibility and/or liability that Buyer may now have or hereafter acquire against any of the Released Parties for any costs, loss, liability, damage, expenses, demand, action or cause of action arising from or related to the matters pertaining to the Property described in this Section 7. If the Property is not in a condition suitable for the intended use or uses, then it is the sole responsibility and obligation of Buyer to take such action as may be necessary to place the Property in a condition suitable for development of the Project thereon. Except as otherwise expressly and specifically provided in this Agreement and without limiting the generality of the foregoing, THE CITY MAKES NO REPRESENTATION OR WARRANTY AS TO (i) THE VALUE OF THE PROPERTY; (ii) THE INCOME TO BE DERIVED FROM THE PROPERTY; (iii) THE HABITABILITY, MARKETABILITY, PROFITABILITY, MERCHANTABILITY OR FITNESS FOR PARTICULAR USE OF THE PROPERTY; (iv) THE MANNER, QUALITY, STATE OF REPAIR OR CONDITION OF THE PROPERTY; (v) THE COMPLIANCE OF OR
BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY; (vi)
COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION OR POLLUTION LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS; (vii) THE PRESENCE OR
ABSENCE OF HAZARDOUS MATERIALS AT, ON, UNDER OR ADJACENT TO THE PROPERTY; (viii) THE FACT THAT ALL OR A PORTION OF THE PROPERTY MAY BE LOCATED ON OR NEAR AN EARTHQUAKE FAULT LINE; AND (ix) WITH RESPECT TO
ANY OTHER MATTER, BUYER FURTHER ACKNOWLEDGES AND AGREES THAT
HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY AND REVIEW
INFORMATION AND DOCUMENTATION AFFECTING THE PROPERTY, BUYER IS
RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY AND REVIEW OF
SUCH INFORMATION AND DOCUMENTATION AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY THE CITY.
BUYER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH IS SET FORTH BELOW:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN
BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR.”
BY INITIALING BELOW, EFFECTIVE AS OF THE CLOSING, BUYER HEREBY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES.
Buyer’s Initials
______________
The waivers and releases by Buyer and City herein contained shall survive the Close of Escrow and the recordation of the Grant Deed and shall not be deemed merged into the Grant Deed upon its recordation.
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8. CLOSING OF ESCROW.
A. Deliveries to Escrow Holder.
(i) By City. City shall deliver to Escrow Holder prior to the Close of Escrow the following instruments and documents, the delivery of each of which is a condition precedent to the Close of Escrow:
a. Grant Deed, fully executed and acknowledged by City. b. A non-foreign certification duly executed by City in the form reasonably acceptable to Escrow Holder (if required by Escrow Holder). c. City’s State Tax Withholding Certificate as required by the California Revenue and Taxation Code (if required by Escrow Holder). d. Such further instruments as may be reasonably necessary to complete the transactions contemplated under this Agreement, in a form reasonably acceptable to the Parties.
(ii) By Buyer. Buyer shall deliver to Escrow Holder prior to the Close of Escrow the following funds, instruments, and documents, the delivery of each of which is a condition precedent to the Close of Escrow.
a. The Purchase Price.
b. Such further instruments as may be reasonably necessary to complete the transactions contemplated under this Agreement, in a form reasonably acceptable to the Parties.
B. Delivery of Possession. City shall deliver vacant possession of the Property to Buyer upon the Close of Escrow.
C. Expenses. Each Party shall pay all its own expenses incurred in connection with this Agreement, including without limitation: (i) all costs and expenses stated in this Agreement to be borne by a Party, and (ii) all of their respective accounting, legal and appraisal fees. City shall pay the premium for a CLTA standard coverage owner’s Title Policy in favor of Buyer, all recording charges in connection with the recordation of the Grant Deed, all City and County assessed documentary transfer taxes (if any), and 50% of all fees, costs, and expenses of Escrow Holder. Buyer shall pay any additional premium attributable to an ALTA extended coverage Owner’s Title Policy, together with the cost of any title endorsements, all fees, costs or expenses in connection with Buyer due diligence reviews under this Agreement, and 50% of all fees, costs, and expenses of Escrow Holder. All other fees and costs related to the consummation of the transaction contemplated by this Agreement will be allocated between the Parties in accordance with the customs and practice in connection with the purchase and sale of commercial property located in the County of Los Angeles.
D. Prorations. Rentals, revenues, and other income, if any, from the Property, and operating expenses, if any, affecting the Property will be prorated as of 11:59 P.M. on the day preceding the Close of Escrow. For purposes of calculating prorations, City will be deemed to hold title to the Property, and therefore will be entitled to the income and will be responsible for the expenses, for the
70315508.v1
8 DOC 7780139
entire day upon which the Close of Escrow occurs. City shall pay outside of escrow all such property taxes (including, without limitation, supplemental taxes) attributable to the period of time prior to the Close of Escrow not prorated under this Section 8D. Prorations, if and to the extent known and agreed upon as of the Close of Escrow, will be paid by Buyer to City (if the prorations result in a net credit to City) or by City to Buyer (if the prorations result in a net credit to Buyer) by increasing or reducing the Purchase Price Balance. City and Buyer shall pay to City or Buyer, as applicable, any prorations not determined or not agreed upon as of the Close of Escrow, as the case may be, in cash as soon as practical following the Close of Escrow. All unpaid taxes on the Property: (i) for any and all years prior to the fiscal year within which the conveyance is made and (ii) for the portion of the fiscal year prior to date of closing will be paid by City before conveyance of the Property to Buyer. City may be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on the Property for the fiscal year which: (A) has been paid prior to the date the Grant Deed is recorded and (B) which is allocable to that portion of the fiscal year which begins on the date the Grant Deed is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California. Buyer is a subdivision of the State of California and exempt from the imposition of real property taxes. Any item to be prorated that is not determined or determinable at the Closing will be promptly adjusted by the Parties by appropriate cash payment outside of the escrow when the amount due is determined. The immediately preceding sentence survives the Closing and recording of the Grant Deed.
E. Disbursements and Other Actions by Escrow Holder. At the Close of Escrow, Escrow Holder and Title Company (as the case may be) shall promptly undertake the following, as indicated below:
(i) Funds. Disburse all funds deposited with Escrow Holder by Buyer in payment of the Purchase Price as follows:
a. Deduct any items chargeable to the account of City under Section 8C and 8D above.
b. Deduct any items chargeable to the account of Buyer under Section 8C and 8D above.
c. Disburse the Purchase Price, after any adjustment as a result of Section 8(E)(i)(a) above, to City.
d. Disburse the remaining balance of the funds held by Escrow Holder, if any, to Buyer promptly upon the Close of Escrow.
(ii) Recording. Record the Grant Deed in the Official Records of the Los Angeles County Recorder and obtain conformed copies for distribution to City and Buyer. (iii) Title Policy. Issue the Title Policy to Buyer.
(iv) Disbursement of Documents to Buyer and City. Disburse to Buyer and City any other documents (or copies thereof) deposited with Escrow Holder that are to be delivered to Buyer and City, respectively.
70315508.v1
9 DOC 7780139
9. RELOCATION BENEFITS. City acknowledges it is not entitled to relocation benefits or any other compensation and represents and warrants that no parties have any potential rights to relocation benefits by virtue of occupying the Property prior to the sale to Buyer. The provisions of this Section 9 survive the Closing.
10. SETTLEMENT. Buyer is a local governmental agency that is authorized to acquire property by eminent domain pursuant to Section 4740 of the California Health and Safety Code. While Buyer is pursuing a voluntary acquisition of the Property under this Agreement, it would have to consider all of its legal options, including condemnation, if a voluntary acquisition was not possible. Without admitting liability, Buyer and City hereby settle and finally resolve all claims, known or unknown, that were asserted or that could have been asserted by City with respect to the purchase of the Property in consideration for the payment of the Purchase Price. City waives any and all claims arising out of Buyer’s acquisition of the Property. This waiver includes, but is not limited to, claims for just compensation for the Property interest acquired, claims for severance or other damage, unreasonable delay or acquisition conduct, loss of business goodwill, claims for relocation benefits and any and all other claims that City may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the Property. City hereby releases Buyer and any other County Sanitation Districts of Los Angeles County and their respective directors, employees, agents or attorneys (collectively, “Buyer Parties”) from any and all known and unknown obligations, liabilities, claims, losses, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitations those relating to just compensation, damages, which any of them now have, or might have after the Effective Date by reason of any matter or things arising out of or in any way relating to any action affecting the Property (collectively, “Claims”). The foregoing release includes Claims which are unknown to City, and City specifically waives the provisions of California Civil Code Section 1542, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.”
This Agreement is intended as a full and final accord and satisfaction of the Claims. The provisions of this Section 10 will survive the Close of Escrow or termination of this Agreement.
11. INDEMNITY. City shall indemnify, defend, and hold Buyer and all Buyer Parties harmless from and against any and all claims, actions, suits, injuries, proceedings, losses, remediation and compliance costs, damages, liabilities, deficiencies, fines, penalties, punitive damages, or expenses (including, without limitation, attorneys’ fees) arising from or related to (A) the Property or any portion thereof arising on or prior to the Close of Escrow, or (B) City’s misrepresentation under this Agreement or breach of this Agreement. The foregoing indemnity survives the Close of Escrow and the recordation of the Grant Deed.
12. BROKERS. City and Buyer hereby represent to each other that there are no brokers, finders, or other persons entitled to a commission, finder's fee or other payment in connection with this Agreement. Buyer hereby agree to indemnify, defend, protect, and hold City harmless from and against any claims, liabilities, or damages for commissions or finder's fees brought by any third party claiming real estate brokerage fees through Buyer pertaining to the Property. City hereby agrees to indemnify, defend, protect, and hold Buyer harmless from and against any claims, liabilities, or damages for
70315508.v1
10 DOC 7780139
commissions or finder's fees brought by any third party claiming real estate brokerage fees through City pertaining to the Property.
13. FIRPTA. City warrants that it is not a foreign person or entity as defined in the Foreign Investors Real Property Tax Act and prior to the Close of Escrow City will deposit an affidavit with Escrow Holder certifying same. Escrow Holder’s duties pertaining to these provisions are limited to the receipt from City of such affidavit prior to the Close of Escrow and delivery to Buyer of such affidavit at the Close of Escrow.
14. GOVERNING LAW. This Agreement shall be construed and enforced in accordance with the applicable laws of the State of California.
15. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by national overnight courier service, sent by email transmission (if also sent by one of the other methods provided in this Section 15), or sent by registered or certified mail, first class postage prepaid, return receipt requested, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice, (ii) the date of the email transmission, or (iii) three (3) business days after the date of posting with the United States Postal Service at the following addresses:
To Buyer: Los Angeles County Sanitation Districts
Attention: Stan Pegadiotes, Section Head, Property Management 1955 Workman Mill Road
Whittier, CA 90601
Tel: (562) 908-4288 ext. 2705
Email: [email protected]
To City: City of Industry
Attention: Joshua Nelson, City Manager
15625 Mayor Dave Way, Suite 100
City of Industry, CA 91744
Tel: (626) 333-2211
Email: [email protected]
with a copy to: James M. Casso
Casso & Sparks, LLP
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
Tel: (626) 269-2980
Email: [email protected]
Any Party to this Agreement may change its address for receipt of notices by giving notice of such change to the other Party in the manner set forth in this Section 14. Neither the rejection of a notice by the addressee or the inability to deliver a notice because of a change of address for which no change of address notice was received, shall affect the date on which such notice is deemed received.
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11 DOC 7780139
16. MISCELLANEOUS.
A. Time. Time is of the essence of this Agreement with respect to each and every provision hereof in which time is a factor.
B. Entire Agreement. This Agreement, including the Exhibits attached hereto, contains the entire agreement between the Parties pertaining to the subject matter hereof and fully supersedes any and all prior agreements and understandings between the Parties. No change in, modification of or amendment to this Agreement shall be valid unless set forth in writing and signed by all of the Parties subsequent to the execution of this Agreement.
C. Further Assurances. Each of the Parties agrees that it will without further consideration execute and deliver such other documents and take such other action, whether prior or subsequent to the Closing Date, as may be reasonably requested by the other Party to consummate more effectively the purposes or subject matter of this Agreement.
D. Successors. Subject to the provisions of this Agreement, this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, and their respective heirs, executors, representatives, successors and assigns.
E. Severability. In the event any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall be effective only to the extent of such determination and shall not prohibit or otherwise render ineffective any other provision of this Agreement.
F. Exhibits. References herein to exhibits are to Exhibit A, Exhibit B, and Exhibit C attached hereto, which exhibits are hereby incorporated by reference.
G. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signature pages may be detached from the counterparts and attached to a single copy of this Agreement to physically form one document.
H. Authority of Chief Engineer and General Manager. Buyer’s Chief Engineer and General Manager or his/her designee is authorized to take all actions on behalf of Buyer in connection with any approvals or actions required of or by Buyer under this Agreement, including, without limitation, amendments thereto.
I. Computation of Time. Time for any action to be undertaken will be computed in business days, unless otherwise expressly provided in this Agreement, and will exclude the first day and include the last day, and will not include Saturday, Sunday, or Federal or California holiday.
J. Legal Fees and Costs. In any action between the Parties seeking enforcement of any of the terms and provisions of this Agreement or the escrow, or in connection with the Property, or any portion thereof, the prevailing Party in such action shall be entitled to have and to recover from the other Party its reasonable attorneys' fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court costs.
70315508.v1
12 DOC 7780139
K. Assignment. Prior to the Close of Escrow, Buyer shall not transfer its rights and obligations, in whole or in part, under this Agreement, or sell, assign, transfer, encumber, pledge or lease the Property, nor cause or suffer a change of more than 49% of the Ownership interests in Buyer, directly or indirectly, in one or a series of transactions, without City’s City Manager prior written consent, which consent shall not be unreasonably withheld or delayed. Buyer acknowledges that the identity of Buyer is of particular concern to City, and it is because of Buyer’s identity that City has entered into this Agreement with Buyer. No voluntary or involuntary successor in interest of Buyer shall acquire any rights or powers under this Agreement in violation of the terms hereof. Notwithstanding any provision contained herein to the contrary, this prohibition shall not be deemed to prevent the granting of, easements or permits to facilitate the development of the Property, if any, or any mortgage or deed of trust permitted by this Agreement.
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70315508.v1
14 DOC 7780139
LIST OF EXHIBITS
Exhibit “A” Legal Description of the Property
Exhibit “B” Depiction of the Property
Exhibit “C” Form of Grant Deed
Sheet 1 of 3
LEGAL NO. 1060-R1
EXHIBIT “A”
LEGAL DESCRIPTION
PROPOSED PARCEL
ALL THAT CERTAIN LAND IN THE UNINCORPORATED AREA OF LOS ANGELES COUNTY,
STATE OF CALIFORNIA, AS DESCRIBED IN CORPORATION GRANT DEED TO THE INDUSTRY URBAN-DEVELOPMENT AGENCY, RECORDED OCTOBER 4, 1979, AS INSTRUMENT NUMBER 79-1115224, OFFICIAL RECORDS OF SAID COUNTY.
TOGETHER WITH PARCEL 1 AND PARCEL 2 AS DESCRIBED IN CORPORATION GRANT DEED TO THE INDUSTRY URBAN-DEVELOPMENT AGENCY, RECORDED FEBRUARY 26, 1981, AS INSTRUMENT NUMBER 81-211149, OFFICIAL RECORDS OF SAID COUNTY.
EXCEPT THOSE PORTIONS DESCRIBED AS FOLLOWS:
PARCEL 1 (EXCEPTION):
THAT PORTION OF LAND PER SAID INSTRUMENT NUMBER 79-1115224 AND THAT PORTION OF PARCEL 1 AS PER SAID INSTRUMENT NUMBER 81-211149, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 1 PER INSTRUMENT NUMBER 81-211149, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WORKMAN MILL ROAD, 100.00 FEET WIDE, HAVING A HALF-WIDTH OF 50.00 FEET, AS SHOWN ON A RECORD OF SURVEY RECORDED IN BOOK 313, PAGE 87 OF RECORDS OF SAID
COUNTY, SAID POINT ALSO BEING WESTERLY TERMINUS OF THAT CURVE SHOWN AS BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 3050.00 FEET IN THE GENERAL SOUTHERLY BOUNDARY OF PARCEL 10 OF STATE HIGHWAY RELINQUISHMENT (NUMBER 315) RECORDED SEPTEMBER 27, 1967 IN BOOK R2838, PAGE 263 OF SAID OFFICIAL RECORDS AND AS SHOWN ON MAP RECORDED IN BOOK 3, PAGE 84 OF STATE HIGHWAY MAPS IN SAID OFFICE, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 15°33’36” EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°42’18”, AN ARC DISTANCE OF 143.99 FEET TO A LINE PARALLEL WITH AND DISTANT 20.00 FEET
EASTERLY, AS MEASURED AT RIGHT ANGLES, FROM THE MOST WESTERLY LINE OF THE GENERAL SOUTHWESTERLY BOUNDARY OF THE LAND DESCRIBED IN DIRECTOR’S DEED (CORRECTION) D-326.3, RECORDED MAY 6, 1976 IN BOOK D7070, PAGE 380 OF SAID OFFICIAL
RECORDS, SAID MOST WESTERLY LINE ALSO BEING THAT CERTAIN COURSE DESCRIBED AS NORTH 16° 35’ 25” WEST, 54.00 FEET OF SAID PARCEL 1 OF INSTRUMENT NUMBER 81- 211149, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 18°15’54” EAST; THENCE LEAVING SAID CURVE AND SOUTHERLY BOUNDARY OF PARCEL 10 OF STATE HIGHWAY RELINQUISHMENT (NUMBER 315), ALONG SAID PARALLEL LINE SOUTH 16°35’25” EAST,
54.52 FEET; THENCE SOUTH 73°24’35” WEST, 20.00 FEET TO THE SOUTHERLY TERMINUS OF SAID COURSE DESCRIBED AS NORTH 16° 35’ 25” WEST, 54.00 FEET; THENCE CONTINUING SOUTH 73°24’35” WEST, 68.53 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID
Sheet 2 of 3
PARCEL 1 OF INSTRUMENT NUMBER 81-211149; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 1 NORTH 62°30’02” WEST, 77.19 FEET TO THE POINT OF BEGINNING.
PARCEL 2 (EXCEPTION):
THAT PORTION OF LAND PER SAID INSTRUMENT NUMBER 79-1115224 AND THAT PORTION OF PARCEL 2 AS PER SAID INSTRUMENT NUMBER 81-211149, LYING NORTHERLY, EASTERLY, AND SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 1 PER INSTRUMENT NUMBER 81-211149, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WORKMAN MILL ROAD, 100.00 FEET WIDE, HAVING A HALF-WIDTH OF 50.00 FEET, AS SHOWN ON A RECORD OF SURVEY RECORDED IN BOOK 313, PAGE 87 OF RECORDS OF SAID
COUNTY, SAID POINT ALSO BEING WESTERLY TERMINUS OF THAT CURVE SHOWN AS BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 3050.00 FEET IN THE GENERAL SOUTHERLY BOUNDARY OF PARCEL 10 OF STATE HIGHWAY RELINQUISHMENT (NUMBER 315) RECORDED SEPTEMBER 27, 1967 IN BOOK R2838, PAGE 263 OF SAID OFFICIAL RECORDS AND AS SHOWN ON MAP RECORDED IN BOOK 3, PAGE 84 OF STATE HIGHWAY MAPS IN SAID OFFICE, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 15°33’36” EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 05°10’08”, AN ARC DISTANCE OF 275.16 FEET TO A POINT OF REVERSE CURVATURE, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20°43’44” EAST, SAID POINT BEING THE TRUE POINT
OF BEGINNING, SAID REVERSE CURVE BEING CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 27.00 FEET; THENCE EASTERLY AND SOUTHERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 90°30’27”, AN ARC DISTANCE OF 42.65 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 125.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 69°46’43” EAST; THENCE SOUTHERLY ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 19°55’26”, AN ARC DISTANCE OF 43.47 FEET TO A LINE PARALLEL WITH AND DISTANT 100.00 FEET
WESTERLY, AS MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID LAND DESCRIBED IN INSTRUMENT NUMBER 79-1115224; THENCE ALONG SAID PARALLEL LINE, SOUTH 00°17’51” EAST, 67.32 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 350.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49°46’06”, AN ARC DISTANCE OF 304.02 FEET, TO A POINT
ON A LINE PERPENDICULAR TO THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS NORTH 61° 06’ 54” WEST, 291.36 FEET OF SAID PARCEL 2 OF INSTRUMENT NUMBER 81-211149, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 39°56’03” WEST; THENCE ALONG SAID PERPENDICULAR LINE SOUTH 28°53’06” WEST, 6.49 FEET TO THE NORTHWESTERLY TERMINUS OF SAID COURSE DESCRIBED AS NORTH 61° 06’ 54” WEST, 291.36 FEET, SAID POINT BEING THE POINT OF TERMINUS.
Sheet 3 of 3
CONTAINING: 36,194 SQUARE FEET OR 0.831 ACRES, MORE OR LESS.
SUBJECT TO: EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS,
RESERVATIONS, RIGHTS, RIGHTS-OF-WAY, AND OTHER MATTERS OF RECORDS, IF ANY.
EXHIBIT “B”: ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. __________________________________
TEDDY Y. OHANA, PLS 8583
CNC Engineering
Job No. MP 12-03#3 Legal No.1060-R1
Checked by: ________ March 16, 2026
D
C
____________
Y Y. OHAN
neerin
_____
EXHIBIT “C”
FORM OF GRANT DEED
[attached]
RECORDING REQUESTED BY:
SOCAL TITLE COMPANY
AND WHEN RECORDED RETURN TO:
Los Angeles County Sanitation Districts
1955 Workman Mill Road
Whittier, CA 90601
Attn: Supervisor, Property Management Group
The undersigned declares that this Grant Deed is exempt from Recording Fees pursuant to California Government Code Section 27383 and is exempt from Documentary Transfer Tax per Revenue & Taxation Code Section 11922
GRANT DEED
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the CITY OF INDUSTRY (the “Grantor”), hereby grants to COUNTY SANITATION DISTRICT NO. 18 OF LOS ANGELES COUNTY (the “Grantee”), that certain real property described in Exhibit A and depicted in Exhibit B attached hereto (the “Site”) and incorporated herein by this reference, together with all of Grantor’s right title and interest in and to all easements, privileges and rights appurtenant to the Site.
This Grant Deed (“Grant Deed”) of the Site is subject to the provisions of a Purchase and Sale Agreement and Escrow Instructions (Southwest Corner of Workman Mill Road and Crossroads Parkway North, Unincorporated Los Angeles County, CA) dated as of ______________, 2026 (the “Agreement”) entered into by and between the Grantor and Grantee, the terms of which are incorporated herein by reference. A copy of the Agreement is available for public inspection at the offices of the Grantor located at 15625 Mayor Dave Way, Suite 100, City of Industry, California 91744.
The Site is conveyed together with (i) all rights, privileges, easements, tenements, hereditaments, rights of way and appurtenances thereto including, without limitation, any development rights, any minerals, oil, gas, and other hydrocarbon substances on or under the Site or any portion thereof, and any air, access, utility and solar rights, water, water rights and water stock that pertain or relate to the Site or any portion thereof, and (ii) all buildings, structures, or other improvements located on the Site and associated parking areas, and all trees and plants located or growing on the Site or any portion thereof.
This Grant Deed may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, Grantor caused this Grant Deed to be executed and notarized as of this ____ day of _________________, 2026.
GRANTOR:
CITY OF INDUSTRY
By:
Joshua Nelson, City Manager
ATTEST:
Julie Gutierrez-Robles, City Clerk, CMC
State of California )
County of Los Angeles )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Exhibit A to Grant Deed
LEGAL DESCRIPTION OF PROPERTY
[to be attached in place of this page prior to Grant Deed execution]
70315508.v1
Exhibit B to Grant Deed
DEPICTION OF PROPERTY
[to be attached in place of this page prior to Grant Deed execution]
NOTICE OF EXEMPTION
To: County Clerk
County of Los Angeles
Environmental Filings
12400 East Imperial Highway #2001
Norwalk, CA 90650
From: City of Industry
15625 Mayor Dave Way, Suite 100
City of Industry, CA 91744
Project Title: Resolution declaring property generally located at the corner of Workman Mill Road and Crossroads Parkway, North, Unincorporated Los Angeles County as exempt surplus property Project Location - Specific: 804 Azusa Avenue, City of Industry, California, (APN:8120-027-272) Project Location-City: Unincorporated Los Angeles County Project Location-County: Los Angeles Description of Project: Adoption of a Resolution declaring the property as exempt surplus property under the California Surplus Land Act
Name of Public Agency Approving Project: City of Industry Name of Person or Agency Carrying Out Project: City of Industry Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number: 15060(c)(3) and 15378 Statutory Exemptions. State code number:
Reasons why project is exempt: That the designation of this property as exempt surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the Property is disposed of, and a use for the Property requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.
Lead Agency
Contact Person: Joshua Nelson Telephone: (626) 333-2211 Signature: Date: July 9, 2026
Title: City Manager