If you have any questions or need additional technical assistance, please contact Lisa Krause, Senior Housing Policy Specialist, at [email protected].
Sincerely,
Laura Nunn
Senior Manager, Housing Accountability Unit
Housing Policy Development
18.b
Packet Pg. 288 Attachment: Disposition Letter from HCD_6.6.2023 (6036 : Sale of Surplus Land - Holt & Heil Properties) EAST HEIL AVE EXISTING APPROACH EXISTING SIDEWALK R/W R/W EXISTING APPROACH EXISTING APPROACH DRIVEWAY LANDSCAPE SIDEWALK 25' FRONT SET BACK 5' SIDE SET BACK 5' REAR SET BACK LANDSCAPE LANDSCAPE DRIVEWAY SIDEWALK 5' SIDE SET BACK 5' REAR SET BACK LANDSCAPE 25' FRONT SET BACK DRIVEWAY LANDSCAPE MAIN HOUSE 1,200 SQ. FT. A.D.U. 780 SQ. FT. SIDEWALK 5' REAR SET BACK LANDSCAPE 25' FRONT SET BACK EAST HEIL AVE EXISTING APPROACH EXISTING SIDEWALK R/W R/W EXISTING APPROACH EXISTING APPROACH DRIVEWAY LANDSCAPE SIDEWALK 25' FRONT SET BACK 5' SIDE SET BACK 5' REAR SET BACK LANDSCAPE LANDSCAPE DRIVEWAY MAIN HOUSE 1,200 SQ. FT. A.D.U. 780 SQ. FT. SIDEWALK 5' SIDE SET BACK 5' REAR SET BACK LANDSCAPE 25' FRONT SET BACK DRIVEWAY LANDSCAPE MAIN HOUSE 1,200 SQ. FT. A.D.U. 780 SQ. FT. SIDEWALK 5' REAR SET BACK LANDSCAPE 25' FRONT SET BACK 145 SF Room 2 144 SF 187 SF Room 3 Main Room 50 SF Bathroom 290 SF Dining/Living 41 SF Bathroom 31 SF Closet 31 SF Closet 134 SF Pantry Redundant Room Kitchen37 SF Room 157 SF Room 1153 SF Living Room 154 SF Room 2 40 SF Bathroom183 SF Kitchen 157 SF Room 1153 SF Living Room 154 SF Room 2 145 SF Room 2 144 SF Room 3 40 SF Bathroom 187 SF Main Room 50 SF Bathroom 290 SF Dining/Living 41 SF Bathroom 183 SF Kitchen 31 SF Closet 31 SF Closet 134 SF Pantry Redundant Room Kitchen37 SF Room 10' 3" SIDE SET BACK
10' 8" SIDE SET BACK
10' 5" SIDE SET BACK
PROJECT:
IMPERIAL DOOR INSTALLATION
ADDRESS:
CITY:
PHONE:
IMPERIAL, CA. 92251
+1 510 504 6641
53 w pheasant st.
Heber, CA. 92249
LUIS R. ANDRADE
[email protected]
Cell No. +1 (510) 504 6641
TITLE:
SITE PLAN
THIS DRAWING IS AN INSTRUMENT OF SERVICE. IT IS
THE PROPERTY OF ANDRADE ACQUISITIONS. THE USE
OF THESE PLANS AND SPECIFICATIONS SHALL BE
RESTRICTED TO THE ORIGINAL JOB FOR WHICH THEY
WERE PREPARED. ANY ALTERATION, REPRODUCTION
OR USE ON OTHER PROJECTS WITHOUT THE WRITTEN
CONSENT AND APPROVAL OF ANDRADE
ACQUISITIONS IS EXPRESSLY FORBIDDEN. VIOLATORS
WILL BE PROSECUTED TO THE FULLEST EXTENT OF
THE LAW.
SCALE: AS SHOWN
SP-1
DATE: 27/01/2023.
SHEET:
ARCH. ANA MORAN
DRAFTER
Cell No. +1 (760) 831 25 90 VICINITY MAP
N
® BUILDING CODE:
318 N IMPERIAL
HOLT/HEIL AVE.
394 E HEIL AVE. EL CENTRO, CA. 92243
DRAWING INDEX PROJECT LEGEN. ITEM SYMBOL NOTE : THE BUILDING CANNOT BE OCCUPIED UNTIL THE TENANT IMPROVEMENT WAS REVIEWED AND APPROVED BY THE BUILDING DEPARTMENT. ANY HAZARDOUS MATERIALS WILL BE STORED AND/OR USED WITHIN THE BUILDING WHICH EXCEED THE QUANTITIES LISTED IN IBC TABLES 307.1(1) AND 307.1(2). "ALL PROPERTY LINES, EASEMENTS AND BUILDINGS, EXISTING AND PROPOSED, ARE SHOWN ON THIS SITE PLAN." NOTE :
S
S
S
S
S PROJECT ADDRESS: FRONT YARD SETBACK: SETBACKS: SIDE YARD SETBACK EACH SIDE: REAR SETBACK 25' FT. 5' FT. 10' FT. ZONING: R-1 SINGLE FAMILY RESIDENTIAL ASSESSOR PARCEL NUMBER (A.P.N.). 6,760.00 SQ FT. PROPERTY SIZE: DENSITY: 2 DWELLING UNIT 6,760 SQ. FT. OF LOT AREA. BUILDING HEIGHT: 17 FT. MAXIMUM OR ONE STORY WHICHEVER IS LESS. OCCUPANCY CLASSIFICATION: RESIDENTIAL (R-1). TYPE OF CONST.: V-B (WOOD FRAME). STORIES:1SPRINKLERS:-SUMMARY AREAS: NEW DWELLING UNIT: DRIVEWAY AREA: DRIVEWAY AREA SIDEWALK AREA: OWNER: LANDSCAPING AREA: ANNA PRINCE 394 E HEIL AVE. EL CENTRO, CA. 92243 053752075 053752076 053752077 053752078 053752079 053752080 YES MAIN HOUSE GENERAL NOTES 1. CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND SITE CONDITIONS PRIOR TO STARTING WORK. THE DESIGNER SHALL BE NOTIFIED OF ANY DISCREPANCIES. 2. ALL WORKMANSHIP AND MATERIALS SHALL EQUAL OR EXCEED THE MINIMUM STANDARDS OF THE LATEST ADOPTED ISSUE OF THE CBC 2022 (AND CODE AMENDMENTS.) 3. ALL CONSTRUCTION SHALL CONFORM TO LOCAL CODES AND REQUIREMENTS AS REQUIRED BY THE IMPERIAL COUNTY BUILDING DEPARTMENT. 4. BRACING AND TEMPORARY SUPPORTS SHALL BE PROVIDED AS REQUIRED TO HOLD THE WORK SECURELY IN PLACE AND TO SUSTAIN ALL LOADS THAT MAY OCCUR DURING CONSTRUCTION. 5. PLANS SHALL NOT VIOLATE ANY SECTION OF APPLICABLE BUILDING CODE OR CITY OR STATE ORDINANCE.
N FLOOR PLAN SCALE: 3/48' =1'-0"
S S S S S S S S S S S S S S S S S S S S S S S S
S
S S S S S S S S S S S S S S S S S S S S S S S S
S
S
S
S
S
S
S
S
S 18.c
Packet Pg. 289
Attachment: Concept Site Plan (6036 : Sale of Surplus Land - Holt & Heil Properties) 06/2023/cdz/A23-0126/SAReso/SaleofReal
PropertyHolt&HeilAvenue 1
RESOLUTION NO. SA 23-
RESOLUTION OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO
APPROVING AN AGREEMENT FOR THE SALE OF REAL
PROPERTY TO DESERT SUN INVESTMENTS, INC.
WHEREAS, as part of the dissolution of the Redevelopment Agency of the City of El Centro, the Successor Agency prepare and the Department of Finance approved the Long Range Property Management Plan (LRPMP) for the disposition of the real property held by the Redevelopment Agency; and
WHEREAS, the LRPMP provided for the disposition of six (6) lots by sale for; and WHERES, it is necessary for the Successor Agency to the Redevelopment Agency of the City of El Centro, California, (the “Agency”) to approve an agreement between the Agency and Desert Sun Investments, Inc., (the “Buyer”), for the sale of real property; and WHEREAS, the Agency finds that its approval of said agreement will be in the best interests of the Agency.
NOW, THEREFORE, SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. That the foregoing is true, correct and adopted.
2. That the Agency does hereby approve the agreement between the Agency and Desert Sun Investments, Inc. for the sale of real property located at Holt Avenue and Heil Avenue in the City of El Centro, APNs 053-752-075, 076, 077, 078, 079, and 080.
3. That the Agency Executive Director is hereby authorized to sign said Agreement, identified as Exhibit “A,” a copy of which is on file in the office of the Agency’s Secretary, on behalf of the Agency.
PASSED AND ADOPTED at a regular meeting of the Successor Agency to the Redevelopment Agency of the City of El Centro, California, held on the day of , 2023.
CITY OF EL CENTRO
By: ________________________________
Martha Cardenas-Singh, Chair
18.d
Packet Pg. 290 Attachment: Resolution FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties) 06/2023/cdz/A23-0126/SAReso/SaleofReal
PropertyHolt&HeilAvenue 2
ATTEST:
By: _____________________________
Norma Wyles, Agency Secretary
APPROVED AS TO FORM:
Office of the City Attorney
By: __________________________________
Elizabeth L. Martyn, Agency Counsel
STATE OF CALIFORNIA)
COUNTY OF IMPERIAL) ss
CITY OF EL CENTRO)
I, Norma Wyles, Agency Secretary of the Successor Agency to the Redevelopment Agency of the City of El Centro, California, do hereby certify that the foregoing Resolution No.
SA 23- was duly and regularly adopted at a regular meeting of the Successor Agency to the Redevelopment Agency of the City of El Centro, California, held on the day of , 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By ______________________________
Norma Wyles, Agency Secretary
18.d
Packet Pg. 291 Attachment: Resolution FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties)
AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS Buyer: Desert Sun Investments Inc.
Assessor Parcel Numbers: 053-752-075, 076, 077, 078, 079, and 080 This AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW
INSTRUCTIONS ("Agreement") is entered into by and between the SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO, a California municipal corporation ("Seller"), and DESERT SUN INVESTMENTS, INC.("Buyer"). Buyer and Seller are sometimes individually referred to herein as "Party" and collectively as "Parties." The Parties hereto have executed this Agreement on the dates set forth below next to their respective signatures. This Agreement shall be effective as of the date it has been approved by Seller’s governing body or its delegated representative and signed by all Parties ("Effective Date ").
RECITALS
A. Seller is the owner in fee of six (6) vacant parcels of real property located on Holt Avenue and Heil Avenue between South Hope Avenue and South Dogwood Road in El Centro, California, consisting of 41,556 square feet, designated as Assessor Parcel Numbers 053-752- 075, 076, 077, 078, 079, and 080, as more particularly described in EXHIBIT 1 attached hereto (the "Properties").
B. Buyer desires to acquire the Properties in fee simple in connection with the six (6) lots for purpose of improving the housing inventory in the City of El Centro.
NOW, THEREFORE, in consideration of the above facts, incorporated herein, and for the covenants and agreements contained herein, the Parties hereto agree as follows:
TERMS
1. PURCHASE AND SALE.
1.1 Property. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon the terms and conditions set forth herein.
1.2 Purchase Price. The total purchase price for the Properties is fifty-one thousand dollars and no cents ($51,000.00) per lot for a total purchase price of three hundred six thousand dollars and no cents ($306,000.00) ("Purchase Price").
1.3 Payment of Purchase Price. At Close of Escrow, Buyer shall pay to Seller through escrow the Purchase Price, payable in cash, by cashier's or certified check or by wire transfer.
2. ESCROW.
2.1 Opening of Escrow. Within ten (10) business days following the Effective Date, Seller and Buyer shall open an escrow ("Escrow") for the conveyance of the Fee Simple
18.e
Packet Pg. 292 Attachment: Purchase and Sale Agreement FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties) acquisition with Orange Coast Title Company ("Escrow Holder"). For purposes of this Agreement, the Escrow shall be deemed open on the date Escrow Holder shall have received a fully executed copy of this Agreement from Seller and Buyer ("Opening of Escrow") Escrow Holder shall notify Buyer and Seller, in writing, of the date Escrow is opened ("Opening Date").
2.2 Escrow Instructions. This Agreement constitutes the joint basic escrow instructions of Buyer and Seller for conveyance of the Fee Simple estate. Buyer and Seller shall execute, deliver and be bound by any reasonable or customary supplemental or additional escrow instructions ("Additional Instructions") of Escrow Holder or other instruments as may be reasonably required by Escrow Holder in order to consummate the transaction contemplated by this Agreement. Any such Additional Instructions shall not conflict with, amend or supersede any portions of this Agreement unless expressly consented or agreed to in writing by Seller and Buyer.
In the event of any conflict or any inconsistency between this Agreement and such Additional Instructions, this Agreement shall govern unless otherwise specifically agreed to in writing by the Parties.
2.3 Withholding Requirements per Revenue & Tax Code Section 18662. Seller will be solely responsible to file with Escrow Holder (defined below), appropriate documentation regarding an exemption of this transaction from the withholding requirements imposed by California Revenue and Taxation Code Section 18662, as a result of the acquisition of the Fee Simple interest by Buyer in lieu of condemnation. If Seller does not provide appropriate exemption documentation to Escrow Holder, Buyer instructs Escrow Holder to comply on Buyer's behalf with such withholding requirements.
2.4 Close of Escrow. For purposes of this Agreement, "Close of Escrow" or "Closing" means the recordation in the Official Records of Imperial County, California, of the Fee Simple Grant Deed ("Deed") and the disbursement of funds and distribution of any other documents by Escrow Holder, all as described herein. Subject to the satisfaction of the conditions precedent below, Close of Escrow is to occur forty-five (45) days following the Opening Date ("Closing Date"), provided that Seller and Buyer may, but shall not be obligated to close the Escrow upon such earlier date as the Seller and Buyer mutually agree to in writing. Buyer and Seller may mutually agree to change the Closing Date by joint written notice to Escrow Holder.
The Close of Escrow shall be conditioned upon satisfaction, or written waiver by the Party for whose benefit the condition exists, of all conditions precedent thereto. In the event the Escrow is not in a condition to close by the Closing Date for any reason other than the uncured breach of either Buyer or Seller, then any Party who is not then in default of the terms of this Agreement may terminate this Agreement as provided in Article 6. If no notice of termination as provided in Article 6 is received by Escrow Holder, Escrow Holder is instructed to proceed with Close of Escrow as soon as possible.
2.5 Costs of Escrow. Because of Seller's status as a public entity, pursuant to California Revenue and Taxation Code Section 11922, no documentary transfer tax will be payable with respect to the conveyance contemplated by this Agreement. Similarly, pursuant to California Government Code Section 27383, no recording fees will be payable with respect to the recording of the Easement Deed. Buyer shall pay the costs of the Title Policy (defined below). Buyer shall pay the Escrow fees attributable to the conveyance of the Property and all other costs of processing the Escrow. Buyer shall pay the additional costs, if applicable, associated with an Extended Policy
18.e
Packet Pg. 293 Attachment: Purchase and Sale Agreement FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties) (defined below) and any title endorsements requested by Buyer. Seller and Buyer shall each pay their respective attorneys' fees in connection with this Agreement and processing the Escrow.
Escrow Holder shall provide an estimated closing costs statement to Buyer and Seller at least three (3) days prior to the Closing Date.
2.5.1 Buyer's Conditions Precedent to Close of Escrow. The Close of Escrow and Buyer 's obligation to acquire the Property and pay the Purchase Price are subject to the satisfaction of the following conditions for Buyer's benefit (or Buyer's waiver thereof, it being agreed that Buyer may waive any or all of such conditions) on or prior to the Closing Date:
2.5.2 Seller shall have tendered into Escrow all payments and documents required of it pursuant to this Agreement.
2.5.3 Seller shall have completed in a timely fashion all of its obligations which are to be completed prior to the Close of Escrow as provided in this Agreement.
2.5.4 Escrow Holder shall have received an irrevocable commitment from the Title Company to issue the Title Policy required pursuant to this Agreement, subject only to the Permitted Exceptions, as set forth in more detail in Article 3.
2.5.5 All representations and warranties of the Seller hereunder shall be true as of the Effective Date and as of the Close of Escrow and shall continue thereafter for the fill statutory period
2.5.6 All property taxes and assessments attributable to the Property shall have been paid by Seller before delinquency and shall be current as of Close of Escrow.
2.5.7 Buyer shall have approved Escrow Holder's estimated closing costs statement.
2.6 Seller's Conditions Precedent to Close of Escrow. The Close of Escrow and Seller's obligation to convey the Fee Simple interest is subject to the satisfaction of the following conditions for Seller's benefit (or Seller's waiver thereof it being agreed that Seller may waive any or all of such conditions) on or prior to the Closing Date:
2.6.1 Buyer shall have tendered into Escrow all payments and documents required of it pursuant to this Agreement.
2.6.2 Buyer shall have completed in a timely fashion all of its obligations which are to be completed prior to the Close of Escrow as provided in this Agreement.
2.6.3 All representations and warranties of the Buyer hereunder shall be true as of the Effective Date and as of the Close of Escrow and shall continue for the full statutory period.
2.6.4 Seller shall have approved Escrow Holder's estimated closing costs statement.
18.e
Packet Pg. 294 Attachment: Purchase and Sale Agreement FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties)
2.7 Buyer's Payments and Documents. No less than one (1) day prior to Closing, Buyer shall pay or tender (as applicable) to the Escrow Holder the following-described funds and documents (in recordable form, as necessary):
2.7.1 The Purchase Price.
2.7.2 Funds required to pay the Escrow fees, recording fees and notary fees attributable to the conveyance of the Fee Simple interest, and the additional costs, if applicable, associated with an Extended Policy and any title endorsements requested by Buyer payable by Buyer pursuant to Section 2.4 of this Agreement.
2.7.3 Funds required to pay any additional charges customarily charged to buyers in accordance with common escrow practices in Imperial County, at the discretion of Escrow Holder.
2.7.4 Certificate accepting the Grant Deed and consenting to recording of same.
2.7.5 Such other documents and funds required of Buyer under this Agreement and by Escrow Holder in the performance of its contractual or statutory obligations.
2.8 Seller's Payments and Documents. No less than one (1) day prior to Closing, Seller shall pay or tender (as applicable) to the Escrow Holder the following-described funds and documents (in recordable form, as necessary):
2.8.1 The fully-executed and acknowledged Grant Deed.
2.8.2 FIRPTA Certificate and appropriate California Form 593.
2.8.3 Such other documents and funds required of Seller under this Agreement and by Escrow Holder in the performance of its contractual or statutory obligations.
2.9 Escrow Holder Responsibilities. Upon the Closing, Escrow Holder is authorized and instructed to:
2.9.1 Cause the satisfaction and removal of all exceptions to title to the Property representing monetary liens or encumbrances or obtain Subordination Agreements from the holder s of such liens or encumbrances, sufficient to assure that the Easement Deed is not junior to any lien or encumbrance which, through foreclosure, could cause a loss of the Easement rights represented by the Grant Deed. If Seller elects to satisfy and remove any such exceptions from funds otherwise payable to Seller through Escrow, before such payment s or charges are made, Escrow Holder shall notify Seller of the terms necessary to satisfy and remove such monetary liens or encumbrances, and Seller shall approve the disbursement of necessary funds.
2.9.2 Pay, and charge Buyer for any fees, charges and costs payable under this Agreement, including, but not limited to, Sections 2.7 and 2.8. Before such payments or charges are made, Escrow Holder shall notify Buyer and Seller of the fees, charges
18.e
Packet Pg. 295 Attachment: Purchase and Sale Agreement FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties) and costs necessary to clear title and close the Escrow.
2.9.3 Record the Grant Deed, and any other instruments as appropriate, delivered through Escrow.
2.9.4 If applicable, comply with the withholding requirements of California Revenue and Taxation Code Section 18662, unless Seller has filed appropriate exemption information with Escrow Holder. Escrow Holder shall deliver to each party copies of such withholding forms.
2.9.5 Disburse such other funds and deliver such other documents to the Parties entitled thereto.
2.9.6 Cause the Title Policy or Extended Policy, as applicable, to be issued.
2.10 Notices. All communications from Escrow Holder to either Buyer or Seller shall be directed to the addresses and in the manner established in Section 8.1 for notices, demands and communications between the Buyer and Seller.
2.11 Facsimile/Counterpart Documents. In the event Buyer or Seller utilizes electronically transmitted signed documents, the Parties hereby agree to accept and instruct Escrow Holder to rely upon such documents as if they bore original signatures. Buyer and Seller hereby acknowledge and agree to provide to Escrow Holder, within seventy-two (72) hours after transmission, such documents bearing the original signatures. Buyer and Seller further acknowledge and agree that electronically transmitted documents bearing non-original signatures will not be accepted for recording and that the Parties will provide originally executed documents to Escrow Holder for such purpose. Escrow Holder is authorized to utilize documents which have been signed by Buyer and Seller in counterparts.
3 TITLE.
3.1 Condition of Title: Title Policy. It is a condition to the Close of Escrow for Buyer's benefit that the Grant Deed be superior to any monetary lien or encumbrance which, through foreclosure or other enforcement, could cause the Grant Deed to be wiped out as an encumbrance. At, and as a condition of, Close of Escrow for Buyer’s benefit, Orange Coast Title Company, 1243 Main Street, El Centro, CA 92243 ("Title Company") shall be prepared to issue to Buyer upon Close of Escrow a policy of title insurance ("Title Policy"), in an amount equal to the Purchase Price, showing the Grant Deed as senior to any monetary lien or encumbrance which, through foreclosure or other enforcement, could cause the Grant Deed to be wiped out. Escrow Holder shall cause Title Company to issue the Title Policy to Buyer upon Close of Escrow.
3.2 Permitted Exceptions. The term "Permitted Exceptions" as used herein shall mean the following-described conditions and exceptions to title or possession:
3.2.1 A lien to secure payment of general and special real property taxes
18.e
Packet Pg. 296 Attachment: Purchase and Sale Agreement FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties) and assessments, not delinquent.
3.2.2 A lien of supplemental taxes assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code accruing on or after the Close of Escrow.
3.2.3 Matters affecting the condition of title created by or with the consent of Buyer.
3.2.4 Other exceptions to title disclosed by the Title Report (defined below) which have been approved in writing by Buyer prior to the Close of Escrow.
3.2.5 Any other exceptions to title which are or will become subordinate to the Easement Deed as reflected in the Title Policy pursuant to subordination agreements acceptable to Buyer and the Title Company.
3.3 Title Report. Within fifteen (15) calendar days following the Opening of Escrow, Buyer shall obtain, and provide a copy to Seller, a standard preliminary report from the Title Company, together with the underlying documents relating to the Schedule B exceptions set forth in such report (collectively, the "Title Report"). 4 CONDITION OF PROPERTY.
4.1 Inspections, Testing and Right of Entry. Prior to Close of Escrow, Buyer may conduct, at Buyer’s sole expense, such physical inspections and environmental testing of the Properties , as Buyer may desire or deem appropriate In conducting such inspections and testing, the Buyer shall minimize damage to the Properties and shall, in the event escrow fails to close as the result of a condition outside of Buyer’s control, return the Property including the improvements thereon, to its condition prior to the inspections and testing, reasonable wear and tear excepted.
4.2 Seller hereby grants to Buyer and its authorized employees, representatives, agents and contractors, permission to enter upon the Property at reasonable times acceptable to the Seller and prior to the Closing Date for the purpose of conducting such inspections and testing.
Buyer shall indemnify, protect , defend (with counsel chosen by Seller) and hold harmless the Property, Seller and Seller's officers , directors, shareholders, participants , partners, affiliates, employees, representatives , agents and contractors free and harmless from and against any and all claims, costs, losses, liabilities, damages, lawsuits, judgments , actions, proceedings , penalties , demands, attorneys ' fees, liens (including, without limitation, mechanic's liens), or expenses of any kind or nature whatsoever (collectively, "Claims"), arising out of or resulting from any entry and/or activities upon the Property by Buyer, Buyer 's agents, contractors and/or subcontractors , and/or the contractors and subcontractors of any such agents. 5 TERMINATION. DEFAULTS AND REMEDIES.
5.1 Exercise of Rights to Terminate. In the event Buyer elects to exercise its rights to terminate this Agreement and the Escrow as provided in Sections 2.4 or 5.3, then Buyer
18.e
Packet Pg. 297 Attachment: Purchase and Sale Agreement FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties) may so terminate by giving notice, in writing of such termination to Seller and Escrow Holder. In the event Seller elects to exercise its rights to terminate this Agreement and the Escrow as so provided, then Seller may so terminate by giving notice, in writing, of such termination to Buyer and Escrow Holder. In such event, the Party so terminating shall pay all Escrow Holder and Title Company termination fees and charges (collectively, "Termination costs"). Upon such termination, all obligations and liabilities of the Parties under this Agreement, excepting for the obligation of the Party so terminating to pay Termination Costs as provided herein, shall cease and terminate.
5.2 Buyer's Breach. In the event Buyer breaches any obligation hereunder which Buyer is to perform prior to the Close of Escrow, and fails to cure such breach within a reasonable period of time determined at the sole discretion of Seller, then Seller, as its sole and exclusive remedy, may terminate this Agreement and the Escrow by giving notice, in writing, of such termination to Buyer and Escrow Holder. In such event, Buyer shall pay all Termination Costs. Upon such termination, all obligations and liabilities of the Parties under this Agreement, excepting for Buyer's obligation to pay Termination Costs as provided herein, shall cease and terminate.
5.3 Seller's Breach. In the event Seller breaches any obligation hereunder which Seller is to perform prior to the Close of Escrow, and fails to cure such breach within a reasonable period of time, then, in addition to pursuing any other rights or remedies which Buyer may have at law or in equity, Buyer may, at Buyer's option, (i) terminate this Agreement and the Escrow by giving notice, in writing, of such termination to Seller and Escrow Holder, or (ii) initiate an action for specific performance of this Agreement. Should Buyer elect to terminate this Agreement and the Escrow as provided herein, then Seller shall pay all Termination Costs, and upon such termination, all obligations and liabilities of the Parties under this Agreement, excepting for Seller's obligation to pay Termination Costs as provided herein, shall cease and terminate. In no event will Seller's liability for a breach by Seller of its obligations under this Agreement result in a liability to Seller in excess of the Purchase Price.
5.4 Return of Funds and Documents: Release of Liability as to Escrow Holder.
In the event Escrow Holder terminates this Escrow as a result of having received notice, in writing, from Buyer or Seller of its election to terminate the Escrow as provided herein, then Escrow Holder shall terminate the Escrow and return all funds, less Termination Costs, as appropriate, and documents to the Party depositing the same. Further, the Parties hereby release Escrow Holder, and shall hold Escrow Holder free and harmless, from all liabilities associated with such termination excepting for Escrow Holder's obligations to return funds and document s as provided herein.
6 REPRESENTATIONS AND WARRANTIES.
6.1 Seller's Representations and Warranties. Seller hereby represents and warrants to Buyer that the following statements are true and correct as of the Effective Date, and shall be true and correct as of Close of Escrow, and the truth and accuracy of such statement s shall constitute a condition precedent to all of Buyer's obligations under this Agreement:
18.e
Packet Pg. 298 Attachment: Purchase and Sale Agreement FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties)
6.1.1 Authority. Seller has full power and authority to own, sell and convey the Fee Simple interest to Buyer and to perform its obligations pursuant to this Agreement. This Agreement and all other documents delivered by Seller to Buyer now or at Close of Escrow have been or will be duly executed and delivered by Seller and are or will be legal, valid and binding obligations of Seller, sufficient to convey the Fee Simple interest to Buyer and are enforceable in accordance with their respective terms.
6.1.2 No Unrecorded Possessory Interests; No Agreements or Undertakings. To Seller's current actual knowledge there are no agreements for occupancy in effect for the Fee Simple interest and no unrecorded possessory interests or unrecorded agreements that would adversely affect Buyer's use of the Fee Simple interest. Seller will not enter into any agreements or undertake any obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect the Permanent Easement without the prior written consent of Buyer, including, without limitation, any agreements for occupancy for the Fee Simple interest.
6.1.3 Hazardous Materials. Seller is aware of its obligation under California Health and Safety Code Section 25359.7 to disclose information to Buyer regarding the environmental status of the Property. Seller warrants to Buyer that to Seller's current actual knowledge there has not been a release of "Hazardous Materials" on the Property or on any contiguous real property owned by Seller in violation of any federal, state or local statute, regulation or ordinance relating to industrial hygiene or to Hazardous Materials. Seller has not and to Seller's knowledge, its tenant has not used, generated, manufactured, stored or disposed of on, under or about the Property or transported to or from the Property in violation of any applicable laws any "Hazardous Materials" as defined in any state, federal or local statute, ordinances, rules or regulation applicable to the Property, including without limitation any flammable materials, explosives, radioactive materials, hazardous or contaminated materials or substances, toxic or noxious materials, substances or related materials or substances.
6.1.4 Litigation. To Seller's current actual or constructive knowledge, without independent investigation, there are no claims, actions, suits or proceedings continuing, pending or threatened against or affecting Seller or the Property, or involving the validity or enforceability of this Agreement or of any other documents or instruments to be delivered by Seller at Close of Escrow, at law or in equity, or before or by any federal, state, municipal or other governmental department, board, commission, bureau, Buyer or instrumentality. To Seller's current actual or constructive knowledge, Seller is not subject to or in default under any notice, order, writ, injunction, decree or demand of any court or any governmental department, board, commission, bureau, Buyer or instrumentality.
6.2 Survival of Representations and Warranties. The covenants, representations and warranties of Seller under this Agreement shall be true on and as of the Close of Escrow and shall survive the recordation of the Grant Deed and the Close of Escrow for a period of twelve (12) months.
7 OTHER.
7.1. Notices and Demands. All notices or other communications required or permitted between the Parties hereunder shall be in writing, and shall be personally delivered, sent
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Packet Pg. 299 Attachment: Purchase and Sale Agreement FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties) by United States registered or certified mail, postage prepaid, return receipt requested, sent by facsimile transmission with confirmation of receipt, or sent by nationally recognized overnight courier service (e.g., Federal Express or United Parcel Service), addressed to the Party to whom the notice is given at the addresses provided below, subject to the right of any Party to designate a different address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the third business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail, such as notices delivered by personal delivery, facsimile transmission or courier service, shall be deemed given upon receipt, rejection or refusal of the same by the Party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or other communication sent.
To Seller:
City of El Centro
Attn: City Manager
1275 West Main Street
El Centro, CA 92243
Telephone: (760) 337-4540
To Buyer:
Desert Sun Investments, Inc.
Attn: Anna Prince
1503 N. Imperial Avenue, Suite #103
El Centro, CA 92243
To Escrow Holder:
Orange Coast Title Company
Attn: Yolanda Nava
1243 Main Street
El Centro, CA 92243
7.2 Possession. Buyer shall be entitled to possession of the Fee Simple interest at the Close of Escrow after this Agreement has been approved by Buyer's governing body or its delegated representative and signed by all Parties.
7.3 Brokers and Sales Commissions. There are no brokers or sales fees or commissions.
8. MISCELLANEOUS.
8.1 Required Actions of Buyer and Seller. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the purchase and sale herein contemplated and shall use their best efforts to accomplish the Close of Escrow in accordance with the provisions hereof.
8.2 Time of Essence. Time is of the essence of each and every term, condition, obligation and provision hereof.
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Packet Pg. 300 Attachment: Purchase and Sale Agreement FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties)
8.3 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
8.4 Captions. Any captions to, or headings of, the paragraphs or subparagraphs of this Agreement are solely for the convenience of the Parties, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.
8.5 No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the Parties to, any person or entity other than the parties.
8.6 Exhibits. The Exhibits attached hereto are hereby incorporated herein by this reference.
8.7 Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.
8.8 Applicable Law. All questions with respect to this Agreement, and the rights and liabilities of the Parties and venue hereto, shall be governed by the laws of the State of California. Any and all legal actions sought to enforce the terms and provisions of the Agreement shall be brought in the courts of the County of Imperial.
8.9 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties hereto.
8.10 Ratification. This Agreement is subject to the approval and ratification by the Buyer's governing body or its delegated representative.
8.11 Severability. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected.
8.12 Construction. This Agreement will be liberally construed to effectuate the intention of the Parties with respect to the transaction described herein. In determining time meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, neither this Agreement nor any uncertainty or ambiguity herein will be construed or resolved against either Party (including the Party primarily responsible for drafting and preparation of this Agreement), under any rule of construction or otherwise, it being expressly understood and agreed that the Parties have participated equally or have had equal opportunity to participate in the drafting thereof.
8.13 Legal Fees. Each Party shall be responsible for payment of its own attorney's fees with respect to negotiation and preparation of this Agreement and processing of the escrow.
In the event of the bringing of any action or proceeding to enforce or construe any of the provisions of this Agreement, the Prevailing Party in such action or proceeding, shall be entitled to have and
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Packet Pg. 301 Attachment: Purchase and Sale Agreement FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties) recover of and from the other Party all costs and expenses of suit, including actual attorney's fees.
8.14 Fees and Other Expenses. Except as otherwise provided herein, each of the Parties shall pay its own fees and expenses in connection with this Agreement.
8.15 Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof, no subsequent agreement, representation, or promise made by either Party hereto, or by or to an employee, officer, agent or representative of either Party, shall be of any effect unless it is in writing and executed by the Party to be bound thereby.
8.16 Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the Parties hereto. 9 JURISDICTION AND VENUE.
This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the Parties agree that the venue shall be Imperial County, California.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date(s) set forth below next to their respective signatures. [Signatures on the following pages]
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Packet Pg. 302 Attachment: Purchase and Sale Agreement FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties)
SIGNATURE PAGE TO AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW
INSTRUCTIONS
SELLER:
SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF EL CENTRO
Date: __________________ By: ___________________________________ Cedric Ceseña, Agency Executive Director
ATTEST:
By: ________________________________
Norma Wyles, Agency Secretary
APPROVED AS TO FORM:
By: _________________________________
Elizabeth L. Martyn, Agency Counsel
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Packet Pg. 303 Attachment: Purchase and Sale Agreement FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties)
SIGNATURE PAGE TO AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW
INSTRUCTIONS
BUYER:
DESERT SUN INVESTMENTS INC.
Date: __________________ By: _____________________________________ By: _____________________________________
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Packet Pg. 304 Attachment: Purchase and Sale Agreement FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties)
SIGNATURE PAGE TO AGREEMENT OF PURCHASE AND SALE
AND JOINT ESCROW INSTRUCTIONS
EXHIBIT LIST
Exhibit 1 - Legal Description
Exhibit 2 - Grant Deed
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Packet Pg. 305 Attachment: Purchase and Sale Agreement FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties) EXHIBIT 1
LEGAL DESCRIPTION OF PROPERTIES
053-752-075 – Lot 1 Per Heil Avenue Sub T1
053-752-076 – Lot 2 Per Heil Avenue Sub T1
053-752-077 – Lot 3 Per Heil Avenue Sub T1
053-752-078 – Lot 4 Per Heil Avenue Sub T1
053-752-079 – Lot 5 Per Heil Avenue Sub T1
053-752-080 – Lot 6 Per Heil Avenue Sub T1
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Packet Pg. 306 Attachment: Purchase and Sale Agreement FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties) EXHIBIT 2
PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
Grant Deed
[attached after this page]
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Packet Pg. 307 Attachment: Purchase and Sale Agreement FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties)
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Packet Pg. 308 Attachment: Purchase and Sale Agreement FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties)
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Packet Pg. 309 Attachment: Purchase and Sale Agreement FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties)
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
AND MAIL TAX STATEMENTS TO
City of El Centro
1275 Main Street
El Centro, CA 92243
Attn: City Clerk
GRANT DEED
TITLE ORDER NO. ESCROW NO. APN NUNMBERS.
053-752-075, 076, 077, 078, 079 & 080
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX is $_____________________________ CITY TAX $______________________________
computed on full value of property conveyed, or computed on full value less value of liens or encumbrances remaining at time of sale,
Unincorporated area: City of
__________________________________________________________, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Successor Agency to the Redevelopment Agency of the City of El Centro, as Grantor hereby GRANT(s) to Desert Sun Investments, Inc., a California corporation, the following described real property in the County of Imperial, State of California:
053-752-075 – Lot 1 Per Heil Avenue Sub T1
053-752-076 – Lot 2 Per Heil Avenue Sub T1
053-752-077 – Lot 3 Per Heil Avenue Sub T1
053-752-078 – Lot 4 Per Heil Avenue Sub T1
053-752-079 – Lot 5 Per Heil Avenue Sub T1
053-752-080 – Lot 6 Per Heil Avenue Sub T1
Executed this ________________ day of _____________________________, 20_____________ __________________________________
Cedric Cesena, Agency Executive Director
__________________________________
Notary jurat follows
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Packet Pg. 310 Attachment: Purchase and Sale Agreement FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties) 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.
State of California
County of ____________
On__________________ before
me,_________________________________________________ (here insert name and title of the officer), 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)
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Packet Pg. 311 Attachment: Purchase and Sale Agreement FINAL (6036 : Sale of Surplus Land - Holt & Heil Properties) Successor Agency to the Redevelopment Agency Meeting: 07/18/23 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Resolution
Prepared By: Clara Obeso
REVIEWED Department Head: Adriana Nava
RESOLUTION (ID # 6019) DOC ID: 6019
Discussion and related action regarding the declaration of certain surplus properties owned by the Successor Agency of the Redevelopment Agency to the City of El Centro
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. SA 23- RESOLUTION OF THE SUCCESSOR AGENCY TO
THE REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT CERTAIN
PROPERTIES OWNED BY THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF EL CENTRO ARE SURPLUS AND NOT NECESSARY
FOR THE AGENCY'S USE
FISCAL IMPACT:
No fiscal impact to the general fund. However, it is anticipated revenues will be collected from the sale of the properties. Appraisals of the properties have been requested.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #5 - City Beautification, Engagement & Civic Pride Goal #6 - Economic Opportunity
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
N/A
BACKGROUND:
The City of El Centro established the Redevelopment Agency of the City of El Centro with the purpose of increasing, improving, and preserving the community's supply of affordable housing. On January 13, 2012, all redevelopment agencies in the state of California were dissolved and successor agencies were created to wind down the activities of the dissolved redevelopment agencies.
Effective February 1, 2012, the City of El Centro became the Successor Agency to the Redevelopment Agency of the City of El Centro (the "Agency"). All assets of the former redevelopment agency were transferred to the control of the Agency.
As part of the dissolution of redevelopment agencies in California a Long Range Property Management Plan was completed and approved the Successor Agency. The Plan included properties that were to be retained for future use and properties that were to be sold. The Plan included three (3) parcels on Industry Way that were to be sold and the intent of this reports is to commence the process to dispose of said properties. 19 Packet Pg. 312
Resolution (ID # 6019) Meeting of July 18, 2023
DISCUSSION:
The Agency owns certain real properties located on Industry Way, which consist of the following parcels identified as Assessor Parcel Numbers (APNs) 054-310-037, 054-310- 049, and 054-310-051. The sites are currently vacant and the City is not proposing to construct housing or any type of development at this point in time. It is important to underscore that one of the properties identified by APN 054-310-049 includes land that is dedicated for a future north/south roadway. It would allow the future extension of Industry Way northbound. While the property contains 5.43 acres, only 3.94 acres of the parcel are usable due to the dedication for the future development of Industry Way.
Because a roadway runs through the property identified by APN 054-310-049, the Council may opt declare this property exempt surplus land.
In order to sell surplus properties, the City is required to follow the Surplus Land Act procedures. The Surplus Land Act was recently amended in order to incentivize more affordable housing in California. As the State housing crisis has intensified, lawmakers identified the Surplus Land Act as a mechanism by which the State could squeeze more affordable housing of the existing inventory of publicly-held land. To this end, AB 1486 and AB1255 were passed. Both went into effect on January 1, 2020 and imposed additional requirements on local agencies that eroded local control.
The general rule under the Surplus Land Act, as amended, is that a local agency cannot transfer or lease land, or participate in any negotiations related thereto, without first following the procedures set forth in the Surplus Land Act.
Step 1: Determine and declare land as surplus via resolution approved by the Successor Agency Board. The Board must decide whether to declare the land surplus or not by adopting a resolution. In this specific circumstance, Staff recommends declaring the three parcels surplus, as identified in the resolution and map attached.
Step 2: After the land is declared surplus (provided Successor Agency approves resolution), El Centro is required to issue a Notice of Availability, in a particular form to particular entities: Public agencies, park and recreational districts, local school districts, and other public entities. The Successor Agency then has to wait 60 days to see if we obtain a response from these entities and they are required to submit a Notice of Interest if they are interested in a particular property. If we receive a Notice of Interest, we must enter in good faith negotiations with these entities. We have 90 days to negotiate with them if they submit the Notice of Interest.
If we do not receive Notices of Interest for the subject properties, the Successor Agency can dispose of the property only after notifying and receiving clearance from Housing and Community Development (HCD). We are required to submit to HCD the following:
1. A report of all the Notice of Availabilities sent and Notices of Interest received;
2. A summary of any negotiations conducted and the result thereof;
3. How the property will be disposed of; and
4. A copy of affordability restrictions to be recorded when disposed.
After submission to HCD, HCD will review the information and submit written findings to Successor Agency within 30 days. The Successor Agency will then have 60 days to respond by either correcting issues identified by HCD or providing an explanation to 19 Packet Pg. 313
Resolution (ID # 6019) Meeting of July 18, 2023
HCD that their findings are incorrect.
Step 3: After obtaining HCD’s approval, the City may issue a request for qualifications for the development of the Properties and/or dispose of the property in the manner it wishes. However, if the development includes ten (10) or more residential units, 15% must be restricted as affordable units for lower income households.
Additional properties are scheduled to be sold, this is the second phase of property to be sold by the City. We intend to complete the sale of properties in phases given the complexity of the process. Additionally, some properties were purchased to widen roadways; however, the plat maps have not been completed and is unknown how much property will be needed for the widening of roadways. We do not want to sell land that may be needed in the future and be in a position to have to re-purchase property for additional right of way.
CONCLUSION:
It is staff's recommendation that the Successor Agency to the Redevelopment Agency Adopt Resolution No. SA 23- RESOLUTION OF THE SUCCESSOR AGENCY TO
THE REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT CERTAIN
PROPERTIES OWNED BY THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF EL CENTRO ARE SURPLUS AND NOT NECESSARY FOR THE AGENCY'S USE.
ATTACHMENTS:
• Resolution FINAL (PDF)
• Aerials (PDF)
• LRPMP (PDF)
19 Packet Pg. 314
06/2023/cdz/A23-0111/SAReso/SurplusLand
HeilAve3Parcels
RESOLUTION NO. SA 23-
RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF EL CENTRO DECLARING PURSUANT TO
GOVERNMENT CODE SECTION 54221 THAT CERTAIN PROPERTIES
OWNED BY THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF EL CENTRO ARE SURPLUS AND NOT
NECESSARY FOR THE AGENCY’S USE
WHEREAS, by action of the City Council of the City of El Centro (“City Council”) pursuant to Chapter 2 of the California Community Redevelopment Law (Health & Safety Code § 33000, et seq., “Community Redevelopment Law”), the City of El Centro (“City”) established the Redevelopment Agency of the City of El Centro (the “Redevelopment Agency”), whose purpose included increasing, improving, and preserving the community’s supply of housing affordable to and occupied by very low and low-income households pursuant to Sections 33334.2, 33334.3, 33334.6 and 33413 of the Community Redevelopment Law; and WHEREAS, the City Council elected to have the City retain the housing assets of the Redevelopment Agency and perform functions previously performed by the Redevelopment Agency. Accordingly, as of, on, and after February 1, 2012, the City, as successor agency to the former Redevelopment Agency of the City of El Centro (hereafter referred to as “Agency”), began to perform and continues to perform its functions as the “successor housing agency” of the former Redevelopment Agency pursuant to the Dissolution Act; and WHEREAS, the Agency owns certain real properties located on Industry Way, which consist of three (3) parcels within the City of El Centro, California, and further identified as Assessor Parcel No. (APN) 054-310-037, 054-310-049, and 054-310-051, (“Properties”); and WHEREAS, pursuant to the Agency’s Long-Range Property Management Plan, the use and disposition of the Properties must be for the benefit of affordable housing in accordance with Community Redevelopment Law; and
WHEREAS, pursuant to the Surplus Property Land Act (Government Code Sections 54220-54233) (“Act”), as amended by AB 1486, effective January 1, 2020, surplus land is land owned in fee simple by Agency for which the Agency takes formal action in a regular public meeting declaring the land is surplus and not necessary for the Agency’s use; and WHEREAS, pursuant to the Act, as amended, land must be declared either surplus land or exempt surplus land before the Agency may take any action to dispose of it consistent with the Agency’s policies or procedures; and
WHEREAS, the Council desires to declare that the Properties are surplus land as defined under the Act, as amended, and not necessary for the Agency’s use pursuant to Government Code Section 54221.
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Packet Pg. 315 Attachment: Resolution FINAL (6019 : Surplus Land Act) 06/2023/cdz/A23-0111/SAReso/SurplusLand
HeilAve3Parcels
NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE CITY OF EL CENTRO REDEVELOPMENT AGENCY DOES RESOLVE AS FOLLOWS:
Section 1. Recitals. The above Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Property Declared Surplus Land. The Successor Agency to the Redevelopment Agency of the City of El Centro declares pursuant to the Act, as amended, that the Properties are surplus land, as defined in the Act, and not necessary to the Agency’s use.
PASSED AND ADOPTED at a regular meeting of the Successor Agency to the El Centro Redevelopment Agency held on the day of 2023.
SUCCESSOR AGENCY TO THE
EL CENTRO REDEVELOPMENT AGENCY
By ________________________________
Martha Cardenas-Singh, Chairperson
ATTEST:
By _____________________________
Norma Wyles, Agency Secretary
APPROVED AS TO FORM
Office of the City Attorney
By ____________________________
Elizabeth L. Martyn
Agency Counsel
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Packet Pg. 316 Attachment: Resolution FINAL (6019 : Surplus Land Act) 06/2023/cdz/A23-0111/SAReso/SurplusLand
HeilAve3Parcels
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, Agency Secretary of the Successor Agency to the El Centro Redevelopment Agency, do hereby verify that the foregoing Resolution No. SA 23- was duly adopted at a regular meeting of the Successor Agency to the El Centro Redevelopment Agency held on the day of 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By _____________________________
Norma Wyles, Agency Secretary
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Packet Pg. 317 Attachment: Resolution FINAL (6019 : Surplus Land Act) APN 054-310-037 19.b
Packet Pg. 318 Attachment: Aerials (6019 : Surplus Land Act) APN 054-310-049 19.b
Packet Pg. 319 Attachment: Aerials (6019 : Surplus Land Act) APN 054-310-051 19.b
Packet Pg. 320 Attachment: Aerials (6019 : Surplus Land Act)
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Packet Pg. 321 Attachment: LRPMP (6019 : Surplus Land Act)
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Packet Pg. 322 Attachment: LRPMP (6019 : Surplus Land Act)
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Packet Pg. 323 Attachment: LRPMP (6019 : Surplus Land Act)
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Packet Pg. 324 Attachment: LRPMP (6019 : Surplus Land Act)
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Packet Pg. 325 Attachment: LRPMP (6019 : Surplus Land Act)
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Packet Pg. 326 Attachment: LRPMP (6019 : Surplus Land Act)
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Packet Pg. 327 Attachment: LRPMP (6019 : Surplus Land Act)
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Packet Pg. 328 Attachment: LRPMP (6019 : Surplus Land Act)
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Packet Pg. 329 Attachment: LRPMP (6019 : Surplus Land Act) City Council of the City of El Centro Meeting: 07/18/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Alcoholic Beverage License Prepared By: Norma Valenzuela
SCHEDULED Department Head: Norma Wyles
INFORMATION ITEM (ID # 6035) DOC ID: 6035
Received and referred to Community Development
Department, Application for Alcoholic Beverage LicensePetromart Retail Group, Inc. TBD 2115 S 4th St El Centro, CA. 92243-4514
ATTACHMENTS:
• Petromart Retail Group, Inc. TBD Application for Alcoholic Beverage Licenses (PDF) 20 Packet Pg. 330
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Packet Pg. 331 Attachment: Petromart Retail Group, Inc. TBD Application for Alcoholic Beverage Licenses (6035 : Application for Alcoholic Beverage License - City Council of the City of El Centro Meeting: 07/18/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Alcoholic Beverage License Prepared By: Norma Valenzuela
SCHEDULED Department Head: Norma Wyles
INFORMATION ITEM (ID # 6034) DOC ID: 6034
Received and referred to Community Development
Department, Application for Alcoholic Beverage LicenseKendal Companies LLC Ricochet R/C 955 N. Imperial Ave El Centro, CA 92253-1735
ATTACHMENTS:
• Kendal Companies LLC Application for Alcohokic Beverage Licenses (PDF) 21 Packet Pg. 332
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Packet Pg. 333 Attachment: Kendal Companies LLC Application for Alcohokic Beverage Licenses (6034 : Application for Alcoholic Beverage License -Kendal
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Packet Pg. 334 Attachment: Kendal Companies LLC Application for Alcohokic Beverage Licenses (6034 : Application for Alcoholic Beverage License -Kendal City Council of the City of El Centro Meeting: 07/18/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Alcoholic Beverage License Prepared By: Norma Valenzuela
SCHEDULED Department Head: Norma Wyles
INFORMATION ITEM (ID # 6061) DOC ID: 6061
Received and referred to Community Development
Department, Application for Alcoholic Beverage LicenseOscar Li, Chef Lee's Chinese Food and Noodles 1049 N.
Imperial Ave El Centro, CA 92243-1737
ATTACHMENTS:
• Application for Alcoholic Beverage License Chef Lee's Chinese Food and Noodles (PDF) 22 Packet Pg. 335
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Packet Pg. 336 Attachment: Application for Alcoholic Beverage License Chef Lee's Chinese Food and Noodles (6061 : Application for Alcoholic Beverage