REQUEST FOR PROPOSAL (RFP)
Design/Build Services for
Artificial Turf Installation at
Louie Pompei Memorial Sports Park
QuestCDN# 8283328
RFP Release Date: Thursday, September 1, 2022
Contact Name(s): Maliha Ansari, Principal Civil Engineer Michael Mai, Associate Civil Engineer
Address:
E-mail address:
116 E. Foothill Boulevard
Glendora, CA 91741
[email protected]
[email protected]
Mandatory Pre-proposal Site Visit Thursday, September 22, 2022, at 10:00 AM PST Location: Louie Pompei Memorial Sports Park
1100 S Valley Center Avenue
Glendora, CA 91741
Deadline for questions and objections: Thursday, September 29, 2022, at 5:00 PM PST Proposal Due Date:
Location:
Thursday, October 13, 2022, at 10:00 PM PST
Electronic proposal submission through QuestCDN is
required
FAILURE TO REGISTER WITH QUESTCDN TO
SUBMIT THE PROPOSALS WILL DISQUALIFY THE
PROPOSER REGARDLESS OF CIRCUMSTANCES.
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QuestCDN# 8283328 – RFP for Design/Build Services for Artificial Turf Installation at Louie Pompei Memorial Sports Park
TABLE OF CONTENTS
I. THE CITY OF GLENDORA...……………………………. 3
II. BACKGROUND………………………………………...…. 3
III. SCOPE OF SERVICE …………………………………… 3
IV. PRODUCT/SERVICE SPECIFICATIONS …….…...….. 7
V. HOW TO OBTAIN THIS RFP………………....…………. 8
VI. MANDATORY SITE VISIT............................................. 9 VII. PROPOSAL SUBMITTAL REQUIREMENTS................ 9
VIII. PROPOSAL SUBMISSION FORMAT….…………….... 9
IX. CONSULTANT EVALUATION AND SELECTION
PROCESS ……………………………………………….... 10
X. SCHEDULE OF EVENTS………………………………... 11
XI. GENERAL INFORMATION………………………………. 12
ATTACHMENTS
ATTACHMENT “A” – Louie Pompei Memorial Sports Park Site Map 13 ATTACHMENT “B” – Mandatory Site Visit Form 14
ATTACHMENT “C” – Design-Build Agreement
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QuestCDN# 8283328 – RFP for Design/Build Services for Artificial Turf Installation at Louie Pompei Memorial Sports Park I. THE CITY OF GLENDORA
The City is located in the eastern portion of the Los Angeles County metropolitan area, approximately 27 miles from downtown Los Angeles, and is accessible from all parts of Southern California by way of the Foothill (210) and Orange (57) freeways. Founded in 1887 and incorporated as a City in 1911, Glendora is known as the Pride of the Foothills.
The City has a population of 52,558 and covers approximately 20 square miles in area. The City is a full service, general law city that operates under the Council-City Manager form of government and provides a full range of municipal services. City departments include Police, Community Services, Library, Public Works, Community Development, City Clerk, Administrative Services and City Manager. The City provides water utility services to over 13,000 accounts. Fire services are provided directly by L.A. County. The fiscal year 2022-23 citywide budget is over $121 million. The General Fund budget is approximately $38 million.
II. BACKGROUND
The City of Glendora is seeking a qualified design-builder to provide design and installation services to provide artificial turf replacement design/build services at the Louie Pompei Memorial Sports Park, located at 1100 S. Valley Center, Glendora, CA 91740. The sports complex, named in remembrance of fallen Glendora Police Officer, Louie Pompei, opened in 2007. The sports complex has a total of five multi-use fields, one of which, is a soccer field that was installed with artificial turf in 2016. The four remaining fields (#1,2,4 and 5), consist of natural turf and will require landscape removal and turf installation. An overview of the sport’s complex fields with the different fields outlined can be viewed in Attachment A. The City estimates up to approximately 263,000 square feet of surface will need to be covered. Field 1: 74,320 sq. ft.
Field 2: 78,099 sq. ft.
Field 4&5: 110,268 sq. ft.
Field 1, 4 and 5 consist of standard baseball/softball fields, with field 5 serving as a multi-use space with a goal post. Field 2 serves as a softball field with a soccer field overlay and is separated from Field 1 by chain link fencing. The City is considering seeking higher-quality turf for playable fields, with options for lesser quality turf for multi-use fields.
III. SCOPE OF SERVICES
PROJECT FACILITATION
A. Project Management
Design-builder will supervise, coordinate, and monitor the work effort of their design-builder team to assure an efficient use of the resources and to assure free and timely flow of information for each task activity. This effort will include, but not limited to coordinating and scheduling meetings; periodically providing the City with progress on particular tasks; assisting in communication between team members, the City and other entities; planning ahead for milestones; and general coordination and communication with the City.
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QuestCDN# 8283328 – RFP for Design/Build Services for Artificial Turf Installation at Louie Pompei Memorial Sports Park The design-builder shall ensure conformance to the City standards and policies, establish a project contact listing, develop, and maintain a project schedule, prepare monthly invoices, and progress reports, and maintain project files.. Design-builder shall perform internal quality control reviews of documents and plans prior to each submittal, change order, requests for information and maintain good communication with the City to ensure the development of a quality product for the City.
Deliverables:
Project Contacts List
Project Schedule (with up to two revisions over the course of the project) Monthly invoices with progress report
Project Files
B. Project Meetings
In order for the project to proceed on schedule, it is imperative for key personnel from the City, and the design-builder, to meet on a periodic, weekly if needed, basis to discuss project issues and progress. Periodic project team coordination meetings are proposed and included in this task. In addition to the periodic project team meetings, other focus meetings with the design-builder, the City, and stakeholders may be necessary. Design-builder will prepare agenda and meeting minutes for important meetings with City to document decisions and directions.
C. Agency & Utility Coordination
The design-builder will conduct and coordinate with identified utility companies operating in the project area to confirm existing locations of critical utility features and discuss any potential concerns about project improvements or impacts. The design-builder is responsible for coordinating any utility relocations.
D. Public Outreach
The design-builder will participate in up to one (1) Community Services Commission meeting to present the proposed improvements and take public comments on the project. a. Concept Drawings
Design-builder shall prepare concept plans and visual renderings of proposed project improvements for presentation at up to one (1) Community Services Commission meetings. Concept plans and renderings shall be presented on exhibit boards and/or through a PowerPoint presentation.
b. Public Meetings
Design-builder shall prepare for and attend up to one (1) Community Services Commission meeting and assist with presentation and interaction with the community.
PROJECT DESIGN
E. Plans, Specifications, and Engineer’s Estimate Submittals a. Survey/Geotechnical Services
The design-builder will conduct Topographic Survey and Geotechnical Investigation to conduct on-site analysis and provide recommendations.
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QuestCDN# 8283328 – RFP for Design/Build Services for Artificial Turf Installation at Louie Pompei Memorial Sports Park Deliverables:
One (1) CAD survey site plan
Geotechnical Investigation Report, including recommendations. b. Project Start-Up
The tasks include, but not limited to, to the following:
1. Kick off meeting with City staff.
2. Initial project site visit to identify existing conditions, obstacles, and surrounding impacts.
3. Provide feedback and direction to the City.
4. Review and discuss pertinent historical data, reports, site information.
5. Develop plans in Autocad.
6. Review and coordinate storm water regulations including: NPDES, SWPPP, WQMP reports, as well as existing policies and ordinances pertaining to the design of the project.
c. Initial Design (65% Design Submittal)
This initial design shall be used for the basis of the development of the final design.
1. Develop 65% submittal which shall include, but not limited to, title sheet, demolition plan, site grading and drainage plan, utility plan, material and layout plans, general and construction notes, construction phasing options, construction details, preliminary cross sections and elevations, and any other applicable sheets needed to construct the improvements.
2. Prepare a draft set of Contract Specifications in a format acceptable to the City of Glendora..
3. Prepare a draft itemized Bid Item List and calculate quantities for the 65% plans submittal to support a 65% level probable construction cost estimate.
Deliverables:
One (1) electronic set of 65% plans for City review
One (1) electronic set of draft contract specifications for City review One (1) electronic copy of 65% level Probable Construction Cost Estimate for City review
d. Pre-Final Design (95% Design Submittal)
The tasks include, but not limited to, to the following:
1. Incorporate 65% design submittal review comments from the City
2. Develop 95% submittal which shall include, but not limited to, title sheet, demolition
plan, site grading and drainage plan, utility plan, material and layout plans, general and construction notes, construction phasing options, construction details, cross sections, and elevations, and any other applicable sheets needed to construct the improvements.
3. Prepare a draft set of Contract Specifications in a format acceptable to the City of Glendora..
4. Prepare a draft itemized Bid Item List and calculate major quantities for the 95% plans submittal to support the 95% level probable construction cost estimate.
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QuestCDN# 8283328 – RFP for Design/Build Services for Artificial Turf Installation at Louie Pompei Memorial Sports Park Deliverables:
One (1) electronic set of 95% Plans for City review
One (1) electronic set of 95% Contract Specifications for City review One (1) electronic copy of 95% level Probable Construction Cost Estimate for City review
e. Final Design (100% Design Submittal)
The tasks include, but not limited to, to the following:
1. Incorporate 95% design submittal review comments from the City.
2. Develop 100% submittal which shall include, but not limited to, title sheet, demolition plan, site grading and drainage plan, utility plan, material and layout plan, general and construction notes, construction phasing options, construction details, cross sections, and elevations, and any other applicable sheets needed to construct the improvements.
3. Prepare a final set of Contract Specifications in a format acceptable to the City of Glendora..
4. Prepare a final itemized Bid Item List and verify quantities for the Final plans submittal to support the final probable construction cost estimate.
Deliverables:
One (1) electronic set of 100% Plans for City review
One (1) electronic set of final Contract Specifications for City review One (1) electronic copy of final level Probable Construction Cost Estimate for City review
f. Final Bid Documents
After receiving final comments on the 100% plans, specifications, and estimates (PS&E), Consultant shall prepare the final plans, specifications and estimates.
Deliverables:
One (1) electronic set of Final Plans
One (1) electronic set of the Final Contract Specifications
PROJECT CONSTRUCTION
F. Construction Services
Design-builder will be solely responsible for executing construction activities, resolving conflicts, coordinating with various agencies and on time project completion.
Design-builder shall provide the following services during Construction phase:
Provide material submittals and shop drawings to the City for review and approval Provide design and construction clarification to the City. Maintain Certified Payroll and provide copy to the City on bi-weekly basis Schedule Weekly meetings with the City Staff
Prepare “As-Built” drawings in Autocad based on the construction field notes, redlines, and field review.
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QuestCDN# 8283328 – RFP for Design/Build Services for Artificial Turf Installation at Louie Pompei Memorial Sports Park Design-builder shall provide services during construction phase of the project, including but not limited to:
Procure, construct, and install all artificial turf, equipment, and materials. Complete all construction workResolve all punch list of deficiencies Prepare “As-Built” drawings
Deliverables:
All project files
Daily Inspection Logs
Weekly Progress Reports
One (1) electronic set of full-size “As-Built” plans
A. Environmental Clearance
The consultant will prepare and process the required environmental documents pursuant to the California Environmental Quality Act (CEQA). The City anticipates preparation of a Categorical Exemption. The final determination for the appropriate environmental documentation will be made by City staff based on the recommendation of the design builder, the details of the project, and the technical analysis of project impacts Deliverables:
CEQA public notice (if required in addition to the Housing Element hearing notice) Technical studies (if needed)
One electronic copy (in native file format and pdf format) of the screencheck draft environmental document
One electronic copy (in native file format and pdf format) and five hardcopies of the public review draft environmental document
Responses to comments (if needed)
Mitigation Monitoring Program
One electronic copy (in native file format and pdf format) and two hardcopies of the final environmental document (if different from the draft document)” IV. PRODUCT/SERVICE SPECIFICATIONS
Design-builder must provide field turf installation services with the demonstrated ability to accommodate the design and build requirements as outlined in this RFP. The City of Glendora is seeking design-builders who will submit proposals that include design, construction, and project management to provide the turf options, infill options, ability to include customized logo inserts or inlays, and information regarding tested rating data. Design and construction activities should be developed considering project site physical location, topography, and vicinity of the LA County Flood Control Facilities.
Proposals must include estimated labor, material, equipment, transportation, and services to perform field turf installation at the Sports Complex facility in the City of Glendora. Proposals must also include design-builder’s ability to provide appropriately rated artificial turf products.
Proposals must include specific turf product and specific type of infill product that would be used. City requests infill option to include crumb rubber infills and other alternatives.
Design-builder is to design, construct and manage the project to install the artificial turf Louie Pompei Memorial Sports Park and supply all equipment labor and materials to complete.
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QuestCDN# 8283328 – RFP for Design/Build Services for Artificial Turf Installation at Louie Pompei Memorial Sports Park
TECHNICAL REQUIREMENTS
Design/Build work shall include, but not limited to:
a. Demolition and excavation of current fields 1,2,4 and 5 b. Necessary grading, compaction, and drainage
c. Goal post removal and replacement
d. Address all matters concerning ADA accessibility
e. Protect existing Field 3 turf while turf is being installed. Vehicles that will be permitted on the fields surface shall include golf carts, small utility vehicles (gators), and lawn tractors only. All other vehicles are prohibited.
f. Artificial Turf installation
g. Artificial Turf product Supplier
h. Electrical Systems
i. Underground Plumbing and Pipefitting Systems
j. Site Construction
k. Laser grade new and existing area to within manufacture tolerances l. Furnish & Install new synthetic turf with the following:
Water and electrical connections at corners of the fields White lines for football stitched in
Yellow lines for soccer stitched in
Lines stitched in for softball fields - foul lines/boundaries Infill TBD
Standard eight-year minimum synthetic turf warranty. Warranty information shall be included with the proposal
Perform regularly scheduled maintenance two (2) times per year throughout the life of the warranty. The inspection and maintenance will be performed by an Authorized Maintainer approved by the Turf Manufacturer that will include the grooming of the fields with the Maintainers equipment, checking of seams, base, inlays, and infill depth.
V. HOW TO OBTAIN THIS RFP
1. Request for Proposal (RFP) information can be downloaded at www.questcdn.com using QuestCDN# 8283328. Contact QuestCDN at (952) 233-1632 or [email protected] for assistance in membership registration, downloading this digital project information and vBid Online Bid submittal. To submit a vBid online bid (which is required for this project) you must do so through the QuestCDN Bid Management System located at www.questcdn.com or via the City of Glendora website at http://www.cityofglendora.org/businesses/rfp-opportunities.
You may register and download RFP documents electronically for free.
2. All addenda and notices related to this procurement will be posted by the City on QuestCDN.
In the event that this RFP is obtained through any means other than QuestCDN, the City will reject the proposal.
3. Please submit any questions in the Q&A section on the QuestCDN platform.
Each Proposal must conform and be responsive to all requirements set forth in the RFP.
Vendor/Consultants will need to register with the provider of this service, Quest Construction Data Network.
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QuestCDN# 8283328 – RFP for Design/Build Services for Artificial Turf Installation at Louie Pompei Memorial Sports Park VI. MANDATORY SITE VISIT
All vendors who are interested in submitting a proposal on this project are required to attend a mandatory site visit to be held on Thursday, September 22, 2022, at 10:00 AM at Louie Pompei Memorial Sports Park located at 1100 S. Valley Center in Glendora, California.
The City of Glendora requires all design-builders who come onto city property to inspect area(s) for the purpose of submitting a proposal to sign a liability waiver, Attachment B. Please complete the liability waiver and submit it on the day of the mandatory site visit.
VII. PROPOSAL SUBMITTAL REQUIREMENTS
All questions should be submitted in the Q&A section on the QuestCDN platform.
You must respond to this RFP by the due date and time as set in the RFP. Each Proposal must conform and be responsive to all requirements set forth in the RFP to be considered. The City of Glendora has implemented online project bidding using the QuestCDN Construction Data Network. In order to be considered a qualified bidder, the online proposal must be completed and submitted, all addenda must be acknowledged and uploaded to the site through www.questcdn.com
You can contact QuestCDN at (952) 233-1632 or [email protected] for assistance in membership registration and downloading this digital project information.
NO ORAL, FACSIMILE OR TELEPHONIC PROPOSALS/BIDS OR ALTERATIONS WILL BE CONSIDERED.
The City of Glendora reserves the right to reject any and all proposals, to waive any informalities in any proposal and select the one that best meets the City’s needs.
VIII. PROPOSAL SUBMISSION FORMAT
The City requests that proposal packages submitted be organized and presented in a neat and logical format and are relevant to these services. Design-builder’s submittal shall be clear, accurate, concise, and comprehensive. Excessive or irrelevant material will not be favorably received.
Proposal shall contain no more than 20 typed 8 ½ x 11 pages using a 10-point minimum font size, including transmittal/offer letter but excluding Index/Table of Contents for Proposal Listing, tables, charts, resumes of key people and graphic exhibits. The purpose of these restrictions is to minimize the costs of preparation and to ensure that the response to the RFP is fully relevant to the project.
Cover Letter
Introduce Project Manager and point of contact for your firm. Describe outside consultants, contractors and/or services that your firm will utilize. Establish your design-builder’s availably to commence with the project.
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QuestCDN# 8283328 – RFP for Design/Build Services for Artificial Turf Installation at Louie Pompei Memorial Sports Park Work Experience
List completed park projects for which the firm provided design, construction services and/or project management in the past three years for relevant projects For each project, provide a description, references, and the final amount of the contract award and duration.
Describe the firm’s role in minimizing construction costs and delays. Briefly describe the project management process
Project Understanding and Approach
Describe your understanding of the project and the City’s needs and requirements. Discuss recommended deviations from the Scope of Work described in section III of the RFP.
Work Plan Approach and Schedule
Describe the method used for scheduling, coordination, management of overall project costs, quality assurance/quality control, and list key or potential issues/risk you may deem critical to this project.
Include City Staff review periods and deliverable dates.
Fee Proposal
The proposal price shall be inclusive. If the price excludes certain fees or charges, either recurring or nonrecurring, the proposal must provide a detailed list of excluded fees with a complete explanation of the nature of those fees. Design-builder may submit, at their discretion, alternate design options with accompanying prices. Alternate designs will give the City of Glendora the opportunity to consider the best solution for its needs and compare those options with budget considerations.
All proposals are required to be offered for a term not less than 180 calendar days in duration. A proposal may not be modified, withdrawn, or cancelled by the bidder during the 180-day time period following the time and date designated for the receipt of proposals.
In the recent that the information or pricing submitted by the proposers is unclear, the City of Glendora may request further explanation and/or pricing breakdowns from the proposer for the purpose of the evaluation and decisions. The proposers shall answer requests for additional information or clarification in writing, and these responses will become part of the proposal. Proposers failing to provide adequate information on any issue in a timely manner to allow a comprehensive evaluation by the City of Glendora shall be considered unresponsive, and their proposal may be subject to rejection.
IX. CONSULTANT EVALUATION AND SELECTION PROCESS
Selection Process
1. Proposal Review Phase - The City’s design-builder evaluation and selection process are based upon Qualifications Based Selection (QBS) for professional services.
2. The highest scoring firms will be invited to an interview with the selection committee.
3. The City reserves the right to rely on information from sources other than the information provided by the respondents.
4. Final award shall be contingent upon selected firm (design-builder) accepting the Terms and Conditions listed in RFP.
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QuestCDN# 8283328 – RFP for Design/Build Services for Artificial Turf Installation at Louie Pompei Memorial Sports Park Evaluation Criteria
Description Review
Grading
Qualifications & experience with similar projects 15%
Resume of Key Staff 10%
Pricing 10%
Financial Stability/Bonding Capacity 10%
Professional References 10%
Understanding and Approach 10%
Ability to meet project schedule 15%
Product Warranty and Ongoing Maintenance Obligations 10% Other criteria deemed necessary by the selection committee 10% TOTAL SCORE 100%
General Information
Successful design-builder must provide a list and summary of three most relevant and recent experiences of turf replacement, with higher points given to those with experience with similar sized municipal agencies. The design-builder must provide a clear description of the Project Manager and Contract Representative, and their respective names, positions, and project responsibilities. Awarded design-builder must work with City staff for scheduling, applying for necessary permits, business license, and other as needed coordination. Design-builder must be available to be contacted by City staff. The design-builder must establish a project schedule, prepare progress reports, and ensure project efforts conform to applicable City standards, policies, and ordinances.
X. SCHEDULE OF EVENTS
RFP Release Date September 1, 2022
Mandatory Site Visit September 22, 2022
Q& A Submittal September 29,2022
Proposal Due October 13, 2022
Interviews with Selected Firms October 24, 2022 (Estimated) Review and Selection November 1, 2022 (Estimated)
City Council Approval December 13, 2022 (Estimated)
XI. GENERAL INFORMATION
1. CONFLICT OF INTEREST
Design-builders(s) may not have any interest in any potential future City procurements that may result from the work performed under the agreement resulting from this RFP.
2. STANDARD FORM OFAGREEMENT
The design-builder will enter into an agreement with the City based upon the contents of the RFP and the consultant’s qualifications. A copy of Design-Build Agreement in Attachment C.
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QuestCDN# 8283328 – RFP for Design/Build Services for Artificial Turf Installation at Louie Pompei Memorial Sports Park
3. INSURANCE REQUIREMENTS
The minimum insurance coverage mentioned in Design-Build Agreement
4. PAYMENT AND PERFORMANCE BONDS
The design-builder must include payment and performance bonds as described in the Standard Form of Agreement.
5. DISCLAIMER
This RFP does not commit the City to award a contract, or to pay any costs incurred in the preparation of the qualifications. The City reserves the right to extend the due date for the qualifications, to accept or reject any or all qualifications received as a result of this request, to negotiate with any qualified consultant, or to cancel this RFP in part, or in its entirety.
6. ASSIGNED REPRESENTATIVES
The City will assign a City Contract Officer, who will administer the contract, and to assist the consultant in obtaining information. The consultant also shall assign a responsible representative (project manager) and an alternate, who shall be identified in the proposal.
The consultant’s representative will remain in responsible charge of the consultant’s duties from the notice-to-proceed through project completion. If the consultant’s primary representative should be unable to continue with the project, then the alternate representative identified in the proposal shall become the project manager. The City’s Contract Officer shall first approve any substitution of representatives or subconsultants identified in the proposal in writing. The City reserves the right to review and approve/disapprove all key staff and subconsultant substitution or removal and may consider such changes not approved to be a breach of contract.
7. CITY BUSINESS LICENSE
A City business license will be required of the consultant and any subconsultants for services under this agreement.
8. ATTACHMENTS:
Attachment “A”: Louie Pompei Memorial Sports Park Site Map Attachment “B”: Mandatory Site Visit Form
Attachment “C”: Design-Build Agreement
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April 2022
WAIVER & GENERAL RELEASE – ACCESS TO CITY OF GLENDORA PROPERTIES BID # _______________
In consideration of receiving a limited and permissive right to enter CITY OF GLENDORA properties, it is agreed that the undersigned hereby release the CITY OF GLENDORA, its agents, officers, directors, attorneys, and employees (collectively referred to hereinafter as “City”) to the greatest extent provided for under law for the following matters that arise in any way out of the activities specified herein:
• Any and all claims for personal injury or death to the undersigned, whether or not caused in whole or in part by the negligence or other acts or omissions of City, except for City’s active negligence, and regardless of whether such injury is caused in whole or in part by the undersigned, whether alone or together with or in association with others.
• Any and all claims for any real or personal property damage, whether or not the property is owned by or in the custody or possession of the undersigned, and whether or not caused by City or others, except for City’s active negligence, and regardless of whether the damage is caused in whole or in part by the undersigned.
• Any and all claims for any damage, injury, loss, expense or liability incurred or arising from any act or omission of the City, any individual, company or agency in relation to transportation services to or from City facilities.
• Any and all claims for any damage, injury, loss, accident, delay, irregularity, indebtedness, expense or liability incurred or arising from weather, illness, or federal, state, county or City rule, regulation or restriction.
It is further agreed that the undersigned will, to the greatest extend authorized under law, indemnify, defend, hold harmless and release the City from any and all claims, demands, actions, and damages, including but not limited to attorneys’ fees and reasonable costs, brought against the City for any injury arising out of or caused by the undersigned’s negligence or any acts, omissions or conduct of the undersigned in relation to and arising out of the activities specified in this Waiver and General Release.
It is further agreed that the undersigned understands, consents, and agrees to the terms and conditions set forth above, and that his/her consent and agreement to this Waiver and General Release is a condition precedent to the City’s grant of a limited and permissive right of entry.
THE UNDERSIGNED HAVE READ THE FOREGOING AGREEEMENT AND FULLY UNDERSTAND:
Company Name Date
Signature Printed Name
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: DECEMBER 13, 2022
FROM: COMMUNITY SERVICES DISTRICT(S): CITYWIDE
SUBJECT: SOUTH HILLS WILDERNESS AREA BIKE PARK AND TRAILS DESIGN PROJECT (STRATEGIC PLAN 9-IFSS)
RECOMMENDATION
That the City Council:
1. Receive and provide staff direction, if necessary.
EXECUTIVE SUMMARY
On December 2020, the City Council received an update on the Citizens Ad Hoc Committee’s Report Follow Up, (Strategic Plan 9-IFSS) which included a recommendation for the City to review it’s property, including the South Hills Wilderness Area to determine if the City Should seek additional development opportunities or continue with open space.
On Saturday, April 9, 2022, the City hosted a South Hills Wilderness Area workshop at the Crowther Teen and Family Center. The workshop was open to the public to chat with City leaders about the future of trails and activities in the South Hills Wilderness Area. The public was asked to provide feedback on interactive maps, suggestion tools, and chat with City staff and the volunteer Trails Committee members. The workshop was created to address recent concerns and issues within the South Hills Wilderness Area, where residents had been changing marked trails and creating their own unapproved bike trails.
In addition to the April community meeting regarding South Hills Wilderness Area, the City selected True North Research to design and implement a community-wide study to capture a strategically reliable understanding of its residents’ satisfaction, priorities, and concerns as they relate to services provided.
One of the goals for the study was to gather opinions on topics such as land use, spending priorities, needs and interests. The results of that survey indicated that more than one-third of residents felt there is a deficiency in designated areas for walking and biking within the community (35%). When asked about prioritizing amenities and city facilities to devote resources to in the future, an overwhelmingly high amount listed trails and paths for walking and biking with 80% high or medium priority.
Based on the feedback received from the public workshop, along with the results of the 2022 Community Survey, staff researched for local design/construction vendors who could provide professional services to design a mountain bike park within the South Hills Wilderness Area. Staff scouted various areas within the park and located a large, flat, and somewhat secluded area within the park which could provide ample space for this sort of project in the future. The location of the project, along with the design of additional bike trails leading into the South Hills Wilderness Area, would help connect the wilderness area with the Big Dalton Urban Trail project. This project is scheduled to commence in approximately 3-5 years and would allow mountain bikers to ride from Big Dalton Canyon Wilderness Area to South Hills Wilderness area by way of the wash. The Big Dalton Urban Trail project would also allow easier wilderness access to those residents near Arrow Highway and Gladstone.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
There is no previous legislative history or actions with the recommendation in this report.
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DISCUSSION
South Hills Wilderness Area is one of the city’s two large wilderness areas located within the city limits.
The wilderness park is bordered by residential dwellings, a small city park, a freeway, and another major road in the city. At nearly 250 acres, the park provides local community members with access to numerous trails, ranging from hiking only to multi-use, and from easy to strenuous in nature. The park is also connected to South Hills Park, which contains a playground, rentable picnic sites, a dog park, and restroom facilities. There are currently no bike-only trails within the South Hills Wilderness or Big Dalton Wilderness Areas.
The city was recently made aware of rogue trail construction within a certain section of the South Hills Wilderness Area. The alteration or construction of new trails within either of the two wilderness areas is prohibited, and staff moved quickly to deconstruct them. Staff received an inquiry from members of the public who had assisted in the construction of the bike trails in the South Hills, which sparked a larger conversation of how to provide recreational opportunities for mountain bikers within the city. With that in mind, City Council and staff set up a meeting to discuss ideas with members of the public.
The meeting was held on April 9, 2022, and was well attended with members of the public, local volunteer trails group, local high school bike club, and city staff. Various items were discussed on the whole of South Hills Wilderness Area regarding overall maintenance, safety concerns, future development of amenities, and concerns regarding the addition of bike only trails within the area. Most comments towards the addition of bike trails were regarding safety concerns, the designation of bike only trails, and additional signage throughout the park to show trail users which areas they can access. Bike enthusiasts wanted an area where bike trails or pump tracks would allow for all ability levels to participate and recreate responsibly. Bike users suggested the addition of jumps and larger technical features, in addition to new bike only trails connecting back into the greater South Hills Wilderness Area.
Staff reviewed the data and concluded that it would be in the City’s best interest to consider the development of a bike park and bike trails within the context of the South Hills Wilderness Area. The overwhelming majority of residents in attendance at the meeting were in support of adding additional recreation opportunities within the South Hills Wilderness Area, which included a bike park or pump track with bike-only trails. With the data collected through the meeting, as well as feedback received over time from residents on interactions between various trail users, staff decided to move forward with project design. Staff reached out to various local design/build companies to inquire about possible locations, feasibility, and estimated costs. Avid Trails, LLC. was the only vendor to respond to the inquiry with a design proposal and cost.
Avid Trails, LLC. was founded in 2013 out of Park City, Utah, comprised of a qualified team who shared a passion for providing outdoor access and recreation opportunities on trails. The team has worked on projects in over 15 states, ranging from less than an acre, up to 30,000 acres in size. They have experience in providing complete trail planning and design, GIS services, signage and wayfinding, CAD drawings, as well as the construction of bike parks and trails. Staff met onsite with a member of the Avid Trails team to scout possible areas for the new bike park, as well as discuss various deliverables that could be expected in the design phase. Staff received a design proposal quote from the team, which contained the various steps involved in design, the likely design concepts to be considered, as well as deliverables and public input. Staff is currently in the contract review process with the vendor as the proposal is $26,000, and therefore does not require City Council approval.
South Hills Wilderness area is currently predominantly zoned as Open Space – Natural Zone (OSN) GMC
21.06.050. The parcel in question that staff would like the bike park and trails to be constructed on is currently zoned as Planned Redevelopment Zone (PR) GMC 21.06.020 in connection with the Heritage Oaks Senior Apartments development. If staff and City Council decided to move forward with the construction of the project in the future, a general plan amendment from High Density Residential to Conservation Open Space, and a zone change from Planned Redevelopment to Open Space – Natural Zone (OSN) is required.
Item #6. Page 2
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Staff Report Page 3 of 3
FISCAL IMPACT
There is no fiscal impact associated with the recommendations in this report.
ENVIRONMENTAL DETERMINATION
There is no CEQA impacts associated with the recommendations in this report.
Prepared By Danielle Smith, Management Analyst
Concurs With Not Applicable
Reviewed By John Aguirre, Community Services Director
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
Attachment A. PowerPoint Presentation
Item #6. Page 3
Meeting Date: 12/13/2022 / Packet Page #: 530
South Hills Wilderness Area Bike
Park and Trails Design Project
Community Services
City Council
December 13, 2022
Danielle Smith, Management Analyst
CityOfGlendora.org
Item #6. Page 4
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2 BACKGROUND
• South Hills Wilderness Area
• Approx. 250 acres
• Hiking & multi-use trails
• South Hills Park & Dog Park
• Currently no bike only trails
Item #6. Page 5
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3 BACKGROUND
• Rogue mountain bike
trails created
• Staff tasked with
removing
• Danger to other users
• Erosion damage
Item #6. Page 6
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4 OUTREACH
• April 9, 2022 – Outreach
workshop on South Hills
Wilderness Area
• Feedback on interactive maps
• Suggestion tools
• Talk with staff and Trails Volunteers
Item #6. Page 7
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5 OUTREACH
• July 26 – July 31, 2022
• Community Survey
• Strong feeling of deficiency in
walking and biking areas
(35%)
• Priority given to devoting
resources to trails and paths
for walking and biking (80%)
Item #6. Page 8
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6 DISCUSSION
• Big Dalton Urban Trail Project
• 3 – 5 years
• Connect wilderness areas
• Improved access from surrounding
communities
• Walking and biking
Item #6. Page 9
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7 DISCUSSION
• Proposed bike park
area
• Pump tracks : Beginner
and intermediate
• Bike only trails
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8 DISCUSSION
• Avid Trails, LLC.
• Park City, UT
• Projects in over 15 states
• Experienced and avid bike
users
• Design cost: $26,000
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9 DISCUSSION
• Construction funding not secured
• Current Zoning – Planned
Redevelopment (PR) GMC
21.06.020
• Proposed future zoning if
approved – Open Space Natural
(OSN) GMC 21.06.050
Item #6. Page 12
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10 RECOMMENDATIONS
1. Receive and File. That the City Council:
Item #6. Page 13
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: DECEMBER 13, 2022
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): 3
SUBJECT: CONSIDERATION OF A RESOLUTION APPROVING ACQUISITION OF REAL PROPERTY IDENTIFIED WITH ASSESSOR PARCEL NUMBER (APN) 8644-014-036, LOCATED IN THE SOUTH HILLS IN THE CITY OF GLENDORA AND AN APPROPRIATION OF $440,000 FROM THE WATER FUND.
RECOMMENDATION
That the City Council:
1. Adopt a City Council Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL APPROVING
AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ACQUISITION OF
UNIMPROVED REAL PROPERTY LOCATED IN THE CITY OF GLENDORA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ASSESSOR PARCEL NUMBER 8644-014-036 FROM THOMAS R. MCGHUEY, TRUSTEE OF THE 1999 THOMAS R. MCGHUEY TRUST.”
2. Authorize the City Manager to execute the documents necessary to complete the acquisition of the property identified as APN 8644-014-036; and,
3. Appropriate $440,000 from the Water Fund to pay for acquisition cost of $400,000 plus all closing costs.
EXECUTIVE SUMMARY
The subject property, identified with assessor parcel number (APN) 8644-014-036 (“property”), is unimproved land located approximately 160 feet East of Glendora Avenue and 60 feet North of the 210 Freeway in the South Hills Wilderness Area (South Hills). The property is zoned E7-200,000, Single Family Residential. While current zoning allows one single family residence, development of the property could prove financially unfeasible due to the steep topography, easement constraints, and the lack of access to a public street and utilities.
The City of Glendora (“City”) owns the majority of unimproved property within the South Hills and commenced negotiations with Thomas R. McGhuey, trustee of the 1999 Thomas R. McGhuey Trust (“Seller”) for acquisition of the property in September 2022. After negotiating terms of the acquisition, Seller has agreed to sell the Property at the purchase price of Four Hundred Thousand Dollars ($400,000).
Staff is recommends that the City Council approve the Resolution included as Attachment A for the acquisition of the property per terms of the Purchase and Sale Agreement included as Attachment B and an appropriation of Four Hundred Forty Thousand Dollars ($440,000) to pay for the acquisition and all closing costs. Acquisition of the property will provide the City with an opportunity to conserve the property as open space.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The City of Glendora has an existing interest in the property with an easement for ingress, egress and installing, operating and maintaining a water storage reservoir, water transmission main and appurtenances thereto. The easement provides for access through the property to an existing water storage facility in the South Hills.
Item #7. Page 1
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Staff Report Page 2 of 3
DISCUSSION
Property is one parcel comprising 4.72 acres with easements for an access road that bisect the property, yielding a net usable area of 3.81 acres (Attachment C). The Property is vacant land, zoned E7-200,000 which allows for one residential lot per 200,000 square feet; however, several constraints, including hillside development standards, a steep topography, lack of utility connections, and lack of public access are significant barriers to development.
The City commenced acquisition of the property under the threat of condemnation, with an intent to utilize the property for public purposes in September of 2022. The property was appraised by a licensed, qualified, and independent appraiser who prepared the appraisal report in accordance with appraisal practices and standards recognized in the industry.
The appraisal, dated July 28, 2022, reflected a fair market value of Three Hundred Thirty Thousand dollars ($330,000). A summary of the appraisal is included as Attachment B. After negotiating with the Seller, a $400,000 purchase price was mutually agreed upon by both parties. The agreed upon purchase price of $400,000 equates to $2.41 per square foot (usable area), which is in line with one comparable sale reference in the appraisal which yielded a sales price of $2.46 per square foot.
The terms of the Purchase and Sale Agreement (PSA) include the following material terms:
Purchase Price of $400,000;
City commenced acquisition of the Property through eminent domain for public purposes; Due Diligence to conduct inspections, review property condition and reports and the close of escrow shall occur within 60 days after opening escrow; City will pay all escrow, title and closing costs (even those normally paid by a seller); An ALTA non-extended title policy will be issued to the City; Seller is represented by a real estate broker; as required under acquisition under threat of condemnation, City will pay seller’s broker commission of two and one-half percent (2.5%) of the purchase price; City does not have real estate broker representation. Upon closing, Seller releases City from all current and future claims with regard to the Property; Acquisition of the Property will provide the City an opportunity to utilize the property for public use. The City may conserve the property for open space or opt to develop additional recreational opportunities for the community in the future.
FISCAL IMPACT
An appropriation of Four Hundred Forty Thousand Dollars ($440,000) will be made from the Water Fund for purposes of acquiring real estate. Sufficient funding is available in Water Fund Reserves.
ENVIRONMENTAL DETERMINATION
Acquisition of APN No. 8644-014-036 is covered by the commonsense exemption under 15061(b)(3). The property is unimproved land and part of the South Hills Wilderness area. Abutting property is owned by the City and held as open space. Acquisition of the property does not change use of the land or cause a significant effect on the environment.
Prepared By Valerie Velasquez, Economic Development and Housing Manager Concurs With Not Applicable
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Jeff Kugel, Community Development Director
Item #7. Page 2
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Staff Report Page 3 of 3
ATTACHMENTS:
A. Resolution
B. Purchase and Sale Agreement (Exhibit A to Attachment A) C. Property Map
D. Summary of Appraisal
E. PowerPoint
Item #7. Page 3
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RESOLUTION CC 2022-____
A RESOLUTION OF THE CITY COUNCIL APPROVING AND
AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR
ACQUISITION OF UNIMPROVED REAL PROPERTY LOCATED IN THE
CITY OF GLENDORA, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, ASSESSOR PARCEL NUMBER 8644-014-036 FROM
THOMAS R. McGHUEY, TRUSTEE OF THE 1999 THOMAS R.
McGHUEY TRUST.
THE CITY COUNCIL
City of Glendora, California
WHEREAS, Seller, Thomas R. McGhuey, trustee of the 1999 Thomas R. McGhuey Trust (“Seller”) is the owner of that certain unimproved real property located in the City of Glendora, County of Los Angeles, State of California, assessor parcel number (APN) 8644-014-036: and WHEREAS, the City of Glendora (“City”) owns certain easements on the Property for ingress, egress and installing, operating and maintaining a water storage reservoir, water transmission main and appurtenances thereto (“Easement”); and WHEREAS, the Property is located within the South Hills Wilderness Area (“South Hills”) and the City, which is part of the City’s system of public parks and open space.; and WHEREAS, the parties have mutually agreed to the sale of the Property to the City upon the terms and conditions as set forth in that certain purchase and sale agreement (“Purchase and Sale Agreement”); and
WHEREAS, the City Manager has duly considered all the terms of the proposed Purchase and Sale Agreement and believes that the Purchase and Sale Agreement and its implementation are in the best interests of the City of Glendora and the health, safety and welfare of its residents, and in accord with the public purposes and provisions of appliable state and local laws and requirements; and
WHEREAS, by this Resolution, the City Council desires to approve the Purchase and Sale Agreement and the acquisition of APN 8644-014-036 as provided for under the Purchase and Sale Agreement for the purchase price of Four Hundred Thousand Dollars ($400,000) with the funds appropriated from the Water Fund;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Acquisition of APN 8644-014-036 is covered by the commonsense exemption under Section 15061(b)(3) of the California Environmental Quality Act. The property is unimproved land and part of the South Hills Wilderness Area. Acquisition of the property does not change use of the land or cause a significant effect on the environment.
SECTION 2. The Purchase and Sale Agreement, in the form attached hereto as Exhibit “A” is hereby approved. The City Council authorizes and directs the City Manager to execute the Item #7. Page 4
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Resolution CC 2022-_____ Page 2 of 2
Template Version Update: 9.2021
Purchase and Sale Agreement as well as other instruments that may be necessary or convenient to complete the acquisition on behalf of the City.
SECTION 3. The City Council authorizes and approves the payment of such moneys and provision of other consideration as are provided for under the Agreement.
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
PASSED, APPROVED and ADOPTED this 13th day of December, 2022.
City Council of Glendora, CA
BY:
(ENTER MAYORS NAME)
Mayor
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney
CERTIFICATION
I, Kathleen R. Sessman, City Clerk of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ___ day of December, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Dated:
KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #7. Page 5
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01240.0002/829403.1 1
AGREEMENT FOR PURCHASE AND SALE
OF REAL PROPERTY UNDER THREAT OF CONDEMNATION
AND JOINT ESCROW INSTRUCTIONS
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY UNDER THREAT OF CONDEMNATION AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made this ___ day of ________, 2022 (“Agreement Date”) by and among the CITY OF GLENDORA, a general law city & municipal corporation (“Buyer”), THOMAS R. McGHUEY, TRUSTEE OF THE 1999 THOMAS R. McGHUEY TRUST (“Seller”) and FIDELITY NATIONAL TITLE INSURANCE COMPANY, a corporation (“Escrow Holder” and “Title Company”).
R E C I T A L S:
A. Seller owns that certain unimproved real property located in the City of Glendora, County of Los Angeles, State of California (APN No. 8644-014-036) legally described in attached Exhibit A (“Property”).
B. Seller commenced the process of acquiring the Property through condemnation pursuant to that certain initial letter dated September 6, 2022 (“Condemnation Process”).
C. Buyer and Seller have negotiated in good faith and mutually agreed for the acquisition of the Property by the City pursuant to the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties hereto agree as follows:
TERMS AND CONDITIONS:
1. PURCHASE AND SALE OF PROPERTY.
1.1 Acquisition of Property. Buyer hereby agrees to purchase from Seller, and Seller agrees to sell to Buyer, the Property.
1.2 Waiver and Release. The Compensation Amount (defined in Section 3.1 below) to be paid by Buyer to Seller is all-inclusive of Seller’s interest in the Property and all damages of every kind and nature suffered, or to be suffered as a result of Buyer’s acquisition of the Property for public purposes. By execution of this Agreement, Seller and its successors and assigns shall be deemed to have knowingly and voluntarily waived, released and discharged Buyer from liability and responsibility for or related to any right Seller has, has had or in the future may have to any claim for compensation or damages or liability of any kind, whether known, unknown, foreseen or unforeseen, relating in any way to or arising out of Buyer’s acquisition of the Property. In that regard, Seller and its successors and assigns knowingly and voluntarily waive and release Buyer, its employees, agents and officers from liability as to the following: any rights or obligations which exist or may arise out of the acquisition of the Property for public purposes including, without limitation, Seller’s fee interest in the land, severance damages, relocation expenses or damages, loss of business goodwill and/or lost profits, loss or impairment of any “bonus value” attributable to any lease; damage to or loss of improvements pertaining to realty, costs, interest, attorneys’ fees, and any claim whatsoever of Seller which might arise out of or relate to any respect to the acquisition of the Property by Buyer.
DocuSign Envelope ID: 3AF24980-D72C-49A0-8721-0B37412FD46A 3 Nov
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01240.0002/829403.1 2
As of the Closing (as defined in Section 5.1), Seller irrevocably releases and discharges the Buyer, and their employees, agents, officers and representatives, from any and all manner of actions, causes of action, in law or in equity, of any nature whatsoever, known or unknown, fixed or contingent Seller now or may hereafter have by reason of any matter, cause, or thing whatsoever occurring prior to the date of execution of this release with respect to the Condemnation Process.
Seller expressly agrees to waive and relinquish all rights and benefits each may have under California Civil Code Section 1542. That section reads 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.
Seller’s Initials: ___________ ___________
2. OPENING OF ESCROW. Within five (5) days after the execution of this Agreement by both Buyer and Seller, the parties shall open an escrow (“Escrow”) with Fidelity National Title Insurance Company (Escrow Holder) by causing an executed copy of this Agreement to be deposited with MaryLou Adame at Fidelity National Title Insurance Company, 3237 E. Guasti Rd., Ste. 105, Ontario, CA 91761 (909) 978-3020 [email protected] (“Escrow Officer”) together with the Deposit (as defined in Section 3.2(a) (“Opening of Escrow”).
3. COMPENSATION.
3.1 Compensation. The compensation for the Property is Four Hundred Thousand Dollars ($400,000) (“Compensation Amount”).
3.2 Payment. The Compensation Amount shall be paid as follows:
(a) Deposit. At Opening of Escrow, Seller shall deposit the sum of Ten Thousand Dollars ($10,000) with Escrow Holder (“Deposit”). (b) Balance of Funds. At least one (1) business day prior to the Closing, Buyer shall deposit balance of the Compensation Amount with Escrow Holder in Good Funds (as defined below).
3.3 Disbursement of Seller’s Net Proceeds. At the Closing, the net proceeds (as determined by the Seller settlement statement) shall be disbursed to Seller.
3.4 Good Funds. All funds deposited in Escrow shall be in “Good Funds” which means a wire transfer of funds, cashier's or certified check drawn on or issued by the offices of a financial institution located in the State of California.
4. ADDITIONAL FUNDS AND DOCUMENTS REQUIRED FROM BUYER AND SELLER.
4.1 Seller. Seller agrees that on or before 12:00 noon on the day preceding the Closing Date, Seller will deposit with Escrow Holder such funds and other items and instruments (executed and acknowledged, if appropriate) as may be necessary in order for the Escrow Holder to comply with this Agreement, including without limitation:
a. Executed and recordable grant deed in the form of Exhibit B (“Grant Deed”).
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01240.0002/829403.1 3
b. A Non-Foreign Affidavit as required by federal law.
c. Such funds and other items and instruments as may be necessary in order for Escrow Holder and the Title Company to comply with this Agreement.
4.2 Buyer. Buyer agrees that on or before 12:00 noon on the date preceding the Closing Date, Buyer will deposit with Escrow Holder all additional funds and/or documents (executed and acknowledged, if appropriate) which are necessary to comply with the terms of this Agreement, including without limitation:
a. The statutorily required Certificate of Acceptance in the form attached to the Grant Deed (“Certificate of Acceptance”).
b. A Preliminary Change of Ownership Statement completed in the manner required in Los Angeles County.
c. Such funds and other items and instruments as may be necessary in order for Escrow Holder and the Title Company to comply with this Agreement.
4.3 Recordation, Completion and Distribution of Documents. Escrow Holder will cause Grant Deed (with the Certificate of Acceptance attached) to be recorded when it can issue the Owner’s Title Policy in accordance with Section 6, and holds for the account of Buyer and Seller, respectively, the funds and items described above to be delivered to Buyer and Seller, respectively, through Escrow, less costs, expenses and disbursements chargeable to Seller pursuant to the terms hereof.
5. CLOSING DATE; TIME IS OF ESSENCE.
5.1 Closing Date. Escrow shall close within fifteen (15) days after satisfaction of the Buyer’s Conditions Precedent (as defined in Section 8.1), but no later than sixty (60) days after the Opening of Escrow (“Closing Date”) unless extended as evidenced by a writing signed by both parties. The terms “Close of Escrow” and/or “Closing” are used herein to mean the time Grant Deed with the Certificate of Acceptance are filed for recording by the Escrow Holder in the Office of the County Recorder of Los Angeles County, California.
5.2 Possession. Upon the Close of Escrow, exclusive possession and occupancy of the Property shall be delivered to Buyer free and clear of all claims of possession (including, but not limited to, any occupants) and of all personal property and debris.
5.3 Time is of Essence. Buyer and Seller specifically agree that time is of the essence.
5.4 City Manager’s Authority. Buyer by its execution of this Agreement hereby agrees that the City Manager of the Buyer or designee (who has been designated by City Manager’s written notice delivered to Seller and Escrow Holder) shall, in City Manager’s sole and exclusive discretion, have authority:
(i) to execute documents on behalf of Buyer including, but not limited to, issuing approvals, disapprovals and extensions. Any such approval, disapproval or extension executed by the City Manager or their designee shall be binding on Buyer. (ii) make minor modifications to this Agreement in order to fulfill the direction of the DocuSign Envelope ID: 3AF24980-D72C-49A0-8721-0B37412FD46A Item #7. Page 8
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City Council, provided that such minor modifications must be approved by the City Attorney.
6. TITLE POLICY.
6.1 Approval of Title.
(a) Promptly following execution of this Agreement but in no event later than five (5) days following Opening of Escrow, a preliminary title report shall be issued by Fidelity National Title Insurance Company (“Title Company”), describing the state of title of the Property, together with copies of all exceptions specified therein and a map plotting all easements specified therein (“Preliminary Title Report”). Within fifteen (15) business days after Buyer's receipt of the Preliminary Title Report, Buyer shall notify Seller in writing (“Buyer's Title Notice”) of Buyer's disapproval of any matters contained in the Preliminary Title Report (“Disapproved Exceptions”). (b) In the event Buyer delivers Buyer's Title Notice within said period, Seller shall have a period of ten (10) days after receipt of Buyer's Title Notice in which to notify Buyer of Seller's election to either (i) agree to attempt to remove the Disapproved Exceptions prior to the Close of Escrow; or (ii) decline to remove any such Disapproved Exceptions (“Seller's Notice”). If Seller notifies Buyer of its election to decline to remove the Disapproved Exceptions, or if Seller is unable to remove the Disapproved Exceptions, Buyer may elect either to terminate this Agreement and the Escrow or to accept title to the Property subject to the Disapproved Exception(s). Buyer shall exercise such election by delivery of written notice to Seller and Escrow Holder within five (5) business days following the earlier of (i) the date of written advice from Seller that such Disapproved Exception(s) cannot be removed; or (ii) the date Seller declines to remove such Disapproved Exception(s).
(c) Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement, provided, however, that Buyer's initial period of review and approval or disapproval of any such additional exceptions shall be limited to ten (10) days following receipt of notice of such additional exceptions. (d) Nothing to the contrary herein withstanding, Buyer shall be deemed to have automatically objected to all leases, deeds of trust, mortgages, judgment liens, federal and state income tax liens, delinquent general and special real property taxes and assessments and similar monetary encumbrances affecting the Property, and Seller shall discharge any such non-permitted title matter of record prior to or concurrently with the Close of Escrow.
6.2 Title Policy. At the Close of Escrow, Escrow Holder shall furnish Buyer with an ALTA Owner's non-extended Policy of Title (“Title Policy”) insuring title to the Property vested in Buyer in the amount of the Compensation Amount, containing no exceptions to such title which has not been approved or waived by Buyer in accordance with this Section. The cost of the Title Policy to Seller shall be paid by Buyer. The Title Policy shall also include any available extended coverage or endorsements that Buyer has reasonably requested.
7. DUE DILIGENCE.
7.1 Scope of Due Diligence. Upon the opening of Escrow, Seller shall provide Buyer with any and all documents and information in Seller’s possession and knowledge concerning the Property, and Buyer shall have the right to require Seller to provide an analysis of the Property consisting of such engineering, feasibility studies, soils tests, environmental studies and other investigations as Buyer in its sole discretion may desire, to permit Buyer to determine the DocuSign Envelope ID: 3AF24980-D72C-49A0-8721-0B37412FD46A Item #7. Page 9
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suitability of the Property for Buyer's contemplated uses and to conduct such other review and investigation which Buyer deems appropriate to satisfy itself to acquire the Property. Buyer shall further have the right to make an examination of all licenses, permits, authorizations, approvals and governmental regulations which affect the Property, including zoning and land use issues and conditions imposed upon the Property by governmental agencies. Upon Opening of Escrow, Seller shall make available to Buyer true, correct and complete copies of all contracts which relate to the Property (together with any amendments or modifications thereto), and all reports in Seller's possession respecting the physical condition of the Property, if any, and any other information in Seller's possession or control.
7.2 Approval of Due Diligence Matters. Buyer shall notify Seller in writing (“Buyer's Due Diligence Notice”) no later than sixty (60) days from the Opening of Escrow, of Buyer's approval or disapproval of the condition of the Property and Buyer's investigations with respect thereto (excluding title matters which are to be approved or disapproved pursuant to Section 6), which approval may be issued or withheld in Buyer's sole and absolute discretion.
Buyer's failure to deliver Buyer's Due Diligence Notice on or before the Due Diligence Date shall be conclusively be deemed Buyer's disapproval thereof.
7.3 Right to Enter. Commencing upon Opening of Escrow, Seller grants Buyer, its agents and employees a limited license to enter upon the Property for the purpose of conducting engineering surveys, soil tests, investigations or other studies reasonably necessary to evaluate the condition of the Property, which studies, surveys, reports, investigations and tests shall be done at Buyer’s sole cost and expense. Prior to entry onto the Property, Buyer shall (i) conduct all studies in a diligent, expeditious and safe manner and not allow any dangerous or hazardous conditions to occur on the Property during or after such investigation; (ii) comply with all applicable laws and governmental regulations; (iii) keep the Property free and clear of all materialmen’s liens, lis pendens and other liens arising out of the entry and work performed under this provision; (iv) maintain or assure maintenance of workers’ compensation insurance (or state approved selfinsurance) on all persons entering the Property in the amounts required by the State of California; (v) Buyer shall maintain an all-risk public liability insurance policy written on a per occurrence and not claims made basis in a combined single limit of not less than TWO MILLION DOLLARS ($2,000,000) which insurance names Seller as additional insured; (vi) return the Property to substantially its original condition following Buyer’s entry; and (vii) take title to the Property at closing subject to any title exceptions caused by Buyer exercising this right to enter.
Buyer agrees to indemnify, and hold Seller free and harmless from and against any and all losses, damages (whether general, punitive or otherwise), liabilities, claims, causes of action (whether legal, equitable or administrative), judgments, court costs and legal or other expenses (including reasonable attorneys’ fees) which Seller may suffer or incur as a consequence of Buyer’s exercise of the license granted pursuant to this Section 7.3 or any act or omission by Buyer, any contractor, subcontractor or material supplier, engineer, architect or other person or entity acting by or under Buyer (except Seller and its agents) with respect to the Property, excepting any and all losses, damages (whether general, punitive or otherwise), liabilities, claims, causes of action (whether legal, equitable or administrative), judgments, court costs and legal or other expenses (including reasonable attorneys’ fees) arising from the mere discovery by Buyer of any hazardous materials or conditions and excepting to the extent such claims arise out of the negligence or misconduct of Seller. Buyer’s obligations under this Section 7.3 shall survive termination of this Agreement for any reason.
7.4 Natural Hazard Disclosure Report. Upon Opening of Escrow, Escrow Holder shall order a commercial Natural Hazards Disclosure report for the Property by Disclosure Source DocuSign Envelope ID: 3AF24980-D72C-49A0-8721-0B37412FD46A Item #7. Page 10
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(“NHD Report”) to be delivered to Buyer by Escrow Holder. Buyer shall have the right to review the NHD Report during the Due Diligence Period. Buyer shall pay for the NHD Report.
8. CONDITIONS PRECEDENT TO CLOSE OF ESCROW.
8.1 Conditions to Buyer's Obligations. The obligations of Buyer under this Agreement are subject to the satisfaction or written waiver, in whole or in part, by Buyer of each of the following conditions precedent (“Buyer’s Conditions Precedent”):
(a) Title Company will issue the Title Policy as specified in Section 6.2. (b) Escrow Holder holds and will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to this Agreement.
(c) Seller is not in default of its obligations under this Agreement.
8.2 Conditions to Seller's Obligations. The obligations of Seller under this Agreement are subject to the satisfaction or written waiver, in whole or in part, by Seller of the following conditions precedent:
(a) Buyer has executed the acceptance of the Certificate of Acceptance and delivered same to Escrow Holder to be attached to the Grant Deed prior to recordation. (b) Escrow Holder holds and will deliver to Seller the instruments and funds accruing to Seller pursuant to this Agreement.
(c) Buyer is not in material default of its obligations under this Agreement.
9. REPRESENTATIONS AND WARRANTIES.
9.1 General Representations and Warranties.
Seller hereby makes the following representations and warranties to Buyer, each of which is true in all respects as of the Opening of Escrow and shall be true in all respects on the date of Close of Escrow on the Property:
(a) There are no natural or environmental hazards located on the Property that would limit its marketability, merchantability, or suitability for development or impede its use in any way.
(b) To the best of Seller’s knowledge and understanding the Property is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about the Property including, but not limited to, soil and ground water conditions. Seller has received no written notice from any third parties, prior owners of the Property, or any federal, state or local governmental agency indicating that any hazardous waste remedial or clean-up work will be required on the Property. To the best of Seller’s knowledge, there are no environmental, health or safety hazards on, under or about the Property, including but not limited to soil and groundwater conditions. Neither Seller, nor to the best of Seller’s knowledge any third party (including but not limited to Seller’s predecessors in title to the Property), has used or installed any underground tank, or used, generated, manufactured, treated, stored, placed, deposited or disposed of on, under or about the Property or transported to or from the Property any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials (“Hazardous Materials,” which for the purpose of this Agreement shall include, DocuSign Envelope ID: 3AF24980-D72C-49A0-8721-0B37412FD46A Item #7. Page 11
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but shall not be limited to, substances defined as “hazardous substances, hazardous materials or toxic substances” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §§ 9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq.; those substances defined as “hazardous wastes” in Section 25117 of the California Health & Safety Code or as “hazardous substances” in Section 25316 of the California Health & Safety Code; and those chemicals known to cause cancer or reproductive toxicity, as published pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986, Sections 25249.5 et seq., of the California Health & Safety Code; and in the regulations adopted and publications promulgated pursuant to each of the aforesaid laws).
(c) There are no contracts, leases, claims or rights affecting the Property and no agreements entered into by or under Seller which shall survive the Close of Escrow that would adversely affect Buyer's rights with respect to the Property except as heretofore disclosed in writing by Seller to Buyer.
(d) Seller has received no written notice from any third parties, prior owners of the Property, of any federal, state or local governmental agency, indicating that any hazardous waste remedial or clean-up work will be required on the Property. (e) There are no casements or encroachments onto the Property by buildings or improvements on any adjoining property, nor do any buildings or improvements on the Property encroach on other properties.
(f) Seller is not a foreign person as defined in Internal Revenue Code Section 1445(f)(3).
(g) Seller has the unimpeded power and Buyer to execute, deliver and perform Seller's obligations under this Agreement and the documents executed and delivered by Seller pursuant hereto.
(h) To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus.
9.2 Survival of Representations and Warranties of Seller. The representations and warranties provided in this Section 9 shall survive the Closing and delivery of the Grant Deed and shall not be affected by any investigation, verification or approval by either party or by anyone on behalf of either party.
9.3 Breach; Indemnification. If a breach of a representation or warranty occurs before Closing and the party adversely affected by the breach is aware that such a breach has occurred, the breach shall be grounds to terminate this Agreement. Seller agrees to indemnify, defend with counsel selected by Buyer, protect and hold harmless Buyer, its officers, employees and agents from and against all claims, damages, costs, liabilities and expenses of any kind DocuSign Envelope ID: 3AF24980-D72C-49A0-8721-0B37412FD46A Item #7. Page 12
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whatsoever paid, incurred or suffered by or asserted against the Property or any indemnified party directly or indirectly arising from or attributable to: (i) any breach by Seller of any of its agreement warranties or representations set forth in this Agreement, (ii) any amounts expended by Buyer to secure exclusive possession free of any occupant, or (iii) any amounts expended by Buyer to secure or have removed any tenants or occupants not disclosed herein.
10. ESCROW PROVISIONS.
10.1 Escrow Instructions. Sections 1.1 through 6, inclusive, 8, 10, 13 and 14 constitute the escrow instructions to Escrow Holder. If required by Escrow Holder, Buyer and Seller agree to execute Escrow Holder's standard escrow instructions, provided that the same are consistent with and do not conflict with the provisions of this Agreement. In the event of any such conflict, the provisions of this Agreement shall prevail. The terms and conditions in sections of this Agreement not specifically referenced above are additional matters for information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder’s general provisions directly from Escrow Holder and will execute such provision upon Escrow Holder’s request. To the extent that the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller agree to execute additional instructions, documents and forms provide by Escrow Holder that are reasonably necessary to close Escrow.
10.2 General Escrow Provisions. Escrow Holder shall deliver the Title Policy to the Buyer and instruct the Los Angeles County Recorder to mail the Grant Deed to Buyer at the address set forth in Section 13 after recordation. All funds received in this Escrow shall be deposited in one or more general escrow accounts of the Escrow Holder with any bank doing business in Los Angeles County, California, and may be disbursed to any other general escrow account or accounts. All disbursements shall be according to that party's instructions.
10.3 Proration of Real Property Taxes. All non-delinquent general and special real property taxes shall be prorated to the Close of Escrow on the basis of a thirty (30) day month and a three hundred sixty (360) day year. In the event that property taxes are assessed on a parcel of real property which includes land other than the Property, such proration shall include only taxes attributable to the Property, calculated in terms of total gross square feet of land assessed pursuant to the tax statement versus total gross square footage of the Property. Buyer is exempt from real property taxes so if any amount has been paid by Seller which would otherwise be reimbursable to Seller, Seller shall apply to the County for the applicable refund.
10.4 Payment of Costs.
a. Cost Allocation. Buyer shall pay the costs for the Title Policy (non-extended ALTA owner’s policy), the escrow costs, the NHD Report and the Commission (pursuant to Section 10.8) (“Buyer’s Charges”). Seller shall pay any fees and costs charged by any lender to obtain releases or consents or otherwise put title in the condition described in Section 6 (including any applicable recording fees for such documents) (“Seller’s Charges”). All other costs of Escrow not otherwise specifically allocated by this Agreement shall be apportioned between the parties in a manner consistent with the custom and usage of Escrow Holder.
NOTE: Buyer is a public agency and, therefore, is exempt from (i) recording charges applicable to the Grant Deed pursuant to Govt Code § 6103; and (ii) documentary transfer taxes pursuant to Revenue & Taxation Code § 11922.
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b. Closing Statement. At least three (3) business days prior to the Closing Date, Escrow Holder shall furnish Buyer and Seller with a preliminary Escrow closing statement which shall include each party’s respective shares of costs. The preliminary closing statement shall be approved in writing by the parties. As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver a copy of the final Escrow closing statement to the Parties.
10.5 Termination and Cancellation of Escrow. If Escrow fails to close as provided above, either party may elect to cancel this Escrow upon written notice to the other party and Escrow Holder. Upon cancellation, Escrow Holder is instructed to return all funds and documents then in Escrow to the respective depositor of the same with Escrow Holder. Cancellation of Escrow, as provided herein, shall be without prejudice to whatever legal rights Buyer or Seller may have against each other arising from the Escrow or this Agreement.
10.6 Information Report. Escrow Holder shall file and Buyer and Seller agree to cooperate with Escrow Holder and with each other in completing any report (“Information Report”) and/or other information required to be delivered to the Internal Revenue Service pursuant to Internal Revenue Code § 6045(e) regarding the real estate sales transaction contemplated by this Agreement, including without limitation, Internal Revenue Service Form 1099-B as such may be hereinafter modified or amended by the Internal Revenue Service, or as may be required pursuant to any regulation now or hereinafter promulgated by the Treasury Department with respect thereto.
Buyer and Seller also agree that Buyer and Seller, their respective employees and attorneys, and escrow Holder and its employees, may disclose to the Internal Revenue Service, whether pursuant to such Information Report or otherwise, any information regarding this Agreement or the transactions contemplated herein as such party reasonably deems to be required to be disclosed to the Internal Revenue Service by such party pursuant to Internal Revenue Code Section 6045(e), and further agree that neither Buyer nor Seller shall seek to hold any such party liable for the disclosure to the Internal Revenue Service of any such information.
10.7 No Withholding as Foreign Seller. Seller represents and warrants to Buyer that Seller is not, and as of the Close of Escrow will not be, a foreign person within the meaning of Internal Revenue Code § 1445 or an out-of-state seller under California Revenue and Tax Code § 18805 and that it will deliver to Buyer on or before the Close of Escrow a non-foreign affidavit on Escrow Holder's standard form pursuant to Internal Revenue Code § 1445(b)(2) and the Regulations promulgated thereunder and a California Form 590-RE.
10.8 Brokerage Commissions. Seller is represented by Daniel Boyer (DRE License 01355369) of Southerland Properties (“Seller’s Broker”) with a commission of Two and One-Half Percent (2.5%) of the Compensation Amount (“Commission”). Buyer is not represented by a broker. Buyer and Seller each agree to indemnify and hold the other parties harmless from and against all liabilities, costs, damages and expenses, including, without limitation, attorneys' fees, resulting from any claims or fees or commissions, based upon agreements by it, if any, to pay a broker's commission and/or finder's fee except as specified above.
11. LIQUIDATED DAMAGES.
IF BUYER SHOULD MATERIALLY DEFAULT UNDER THIS AGREEMENT, BUYER AND
SELLER AGREE THAT SELLER WILL INCUR DAMAGES BY REASON OF SUCH
DEFAULT WHICH DAMAGES SHALL BE IMPRACTICAL AND EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE, TO ASCERTAIN. THEREFORE, BUYER AND SELLER, IN A REASONABLE EFFORT TO ASCERTAIN WHAT SELLER’S DAMAGES WOULD BE IN
THE EVENT OF SUCH DEFAULT BY BUYER HAVE AGREED BY PLACING THEIR DocuSign Envelope ID: 3AF24980-D72C-49A0-8721-0B37412FD46A Item #7. Page 14
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INITIALS BELOW THAT THE DEPOSIT SHALL CONSTITUTE A REASONABLE ESTIMATE OF SELLER’S DAMAGES UNDER THE PROVISIONS OF SECTIONS 1671 AND 1677 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE FOR A BREACH PRIOR TO THE CLOSING. IF BUYER FAILS TO PROMPTLY DELIVER THE SUM SPECIFIED
ABOVE TO SELLER, SUCH FAILURE SHALL CONSTITUTE A MATERIAL BREACH OF
THIS PROVISION AND SELLER MAY ELECT TO SUE BUYER UNDER THIS PROVISION
OR TO WAIVE THIS PROVISION AND PROCEED AGAINST BUYER FOR ALL APPLICABLE DAMAGES RESULTING FROM BUYER’S DEFAULT. THIS PROVISION
DOES NOT APPLY TO OR LIMIT IN ANY WAY THE INDEMNITY OBLIGATIONS OF BUYER UNDER THIS AGREEMENT.
___________________ ___________________
Seller’s Initials Buyer’s Initials
12. NON-COLLUSION. No official, officer, or employee of the City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of the City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interest found to be “remote” or “non interest” pursuant to California Government Code §§ 1091 and 1091.5. Seller warrants and represents that (s)he/it has not paid or given, and will not pay or give, to any third party including, but not limited to, and City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded this Agreement. Seller further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result or consequence of obtaining or being awarded any agreement. Seller is aware of and understands that any such act(s), omission(s) or other conduct resulting in the payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Seller’s Initials: ___________ ___________
13. NOTICES. Any notice which either party may desire to give to the other party or to the Escrow Holder must be in writing and may be given by personal delivery or by mailing the same by registered or certified mail, return receipt requested, to the party to whom the notice is directed at the address of such party hereinafter set forth, or such other address and to such other persons as the Parties may hereafter designate:
To Seller: Thomas McGhuey, Trustee
P.O. Box 7543
La Verne, CA 91750
With a Copy to: Southland Properties
211 N. Glendora Ave.
Glendora, CA 91741
Attn: Daniel Boyer
To Buyer: City of Glendora
116 East Foothill Blvd
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Glendora, CA 91741
Attn: City Manager
With a Copy to: Aleshire & Wynder, LLP
2361 Rosecrans Ave. Suite 475
El Segundo, CA 90245
Attn: William Wynder, Esq.
To Escrow Holder: Fidelity National Title Insurance
3237 E. Guasti Rd., Ste. 105,
Ontario, CA 91761
MaryLou Adame, Escrow Officer
14. GENERAL PROVISIONS.
14.1 Assignment. Neither party shall have the right to assign this Agreement or any interest or right hereunder or under the Escrow without the prior written consent of the other party.
Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, personal representatives, successors and assigns.
14.2 Attorney’s Fees. In any action between the parties hereto, seeking enforcement of any of the terms and provisions of this Agreement or the Escrow, or in connection with the Property, 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.
14.3 Interpretation; Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates.
14.4 No Waiver. No delay or omission by either party in exercising any right or power accruing upon the compliance or failure of performance by the other party under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party of a breach of any of the covenants, conditions or agreements hereof to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof.
14.5 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of each party hereto.
14.6 Severability. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provisions, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
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14.7 Merger. This Agreement and other documents incorporated herein by reference contain the entire understanding between the parties relating to the transaction contemplated hereby and all prior to contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein and shall be of no further force or effect.
14.8 Execution in Counterparts. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart.
14.9 Exhibits. Exhibits A, and B attached hereto are incorporated herein by reference.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement for Purchase and Sale of Real Property Under Threat of Condemnation and Escrow Instructions as of the date set forth above.
Note: Sections 1.2, 11 and 12 need to be separately initialed as applicable by the parties.
SELLER: BUYER:
______________________________
THOMAS R. McGHUEY, TRUSTEE OF
THE 1999 THOMAS R. McGHUEY TRUST
CITY OF GLENDORA, a municipal corporation
By: _______________________________
Adam Raymond, City Manager
_________________, 2022
ATTEST:
__________________________________
______________, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By: ___________________________
William Wynder, City Attorney
Accepted:
ESCROW HOLDER:
Accepted and agreed to:
FIDELITY NATIONAL TITLE
INSURANCE COMPANY
By: _________________________
MaryLou Adame, Escrow Officer
Dated: ________________, 2022
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
That certain real property in the City of Glendora, County of Los Angeles, State of California legally described as follows:
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EXHIBIT B
GRANT DEED
FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Glendora
116 East Foothill Blvd.
Glendora, CA 91741
Attention: City Clerk
____________________________________________________________________________
GRANT DEED
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, THOMAS R. MCGHUEY, TRUSTEE OF THE 1999 THOMAS R. MCGHUEY TRUST (“Grantor”), hereby grants to the CITY OF GLENDORA, a municipal corporation (“Grantee”), that real property in the City of Glendora, County of Los Angeles, State of California, legally described on Exhibit A attached hereto and incorporated herein by reference (“Property”).
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on its behalf by its respective officers or agents hereunto as of the date first above written. “GRANTOR”
___________________________
Thomas R. McGhuey, Trustee of the 1999
Thomas R. McGhuey Trust
Date: _________________, 2022
APN 8644-014-036 (Space Above This Line for Recorder’s Office Use Only) THE UNDERSIGNED GRANTOR DECLARES:
Documentary Transfer Tax is: $-0- per R&T §11922
(Exempt from Recording Fee per Gov. Code §6103)
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by THOMAS R.
MCGHUEY, TRUSTEE to the CITY OF GLENDORA (“City”), is hereby accepted by the undersigned officer and agent of City and the City consents to the recording of the Grant Deed.
Signed and dated on _____________, 2022 at City of Glendora, California.
GRANTEE
CITY OF GLENDORA, a municipal
corporation
By: ___________________________
Adam Raymond, City Manager
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EXHIBIT A TO GRANT DEED
LEGAL DESCRIPTION OF PROPERTY
That certain real property in the City of Glendora, County of Los Angeles, State of California legally described as follows:
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.
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STATE OF CALIFORNIA )
) ss.
COUNTY OF ____________ )
On _________________, 2022 before me, ___________________________, a 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.
_________________________________________
Notary Public
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.
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ATTACHMENT C:
PROPERTY MAP APN 8644-013-036
Item #7. Page 23
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ATTACHMENT B:
SUMMARY OF APPRAISAL
1 DOCSOC/1291964v2/022436-0050
Owner (s): Thomas R. McGhuey Project: South Hills Property Location: Subject parcel is situated within the City of Glendora, east of the Glendora Avenue, north
of the Interstate 210 Freeway. Parcel is
bisected by a Los Angeles Department of
Water and Power road easement in which
they access a high voltage electric
transmission grid.
Land Area:
Zoning:
Part Required:
165,975 sq. feet
E7-200,000
Fee simple interest
APN: 8644-014-036 Date of Value: July 28, 2022
The purpose of Acquisition: is to utilize the site for “public use”; a use which concerns the whole community or promotes the general interest in relation to government objectives like public health, safety and welfare.
Value of Land to be acquired $330,000
Method of Calculation Sales
Comparison
1.Sales Comparison Approach: $330,000
Data No.
Sale Date
Glendora
Property Location
Net Acreage
Zoning
Sales Price
Price/Sq.Ft.
1 4/21
8659-019-009
N/O Foothill Boulevard, E/O Palomar Drive
0.98 E-7
$290,000
$6.80/SF
2 Avail.
8644-026-044
SW terminus of Puma Canyon Lane, S/O Buffalo Trail
0.98 E-6
$299,500
$7.05/SF
3 5/21
8658-019-042
S/S Gordan Highlands Road, W/O Oak Hill Drive
1.4 RHR
$839,000
$13.74/SF
4 5/22
8658-022-007
E/S Wick Lane, N/O Lilac Lane
2.18 RHR
$775,000
$8.16/SF
5 12/21
8644-031-019
W/S Beaverbrook Lane, S/O Elkhorn Lane
2.61 E-6
$280,000
$2.46/SF
Total Compensation: $ 330,000
2. Cost Summation: Not Applicable
3. Income Approach: Not Applicable
Improvements consist of: Property is unimproved, raw acreage consisting of rolling hillside terrain covered with natural habitat, abutting a LADWP easement road.
Items set forth above are considered to be real property and will become the property of the City upon payment by the City to the owner. All personal property may be retained by the person entitled thereto.
Severance Damage: $ 0
Highest and Best Use: Current natural
habitat
TOTAL ESTABLISHED JUST COMPENSATION: $ 330,000
Item #7. Page 24
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EMINENT DOMAIN - Information Pamphlet
The value of the property being purchased as presently improved is based upon a market value appraisal prepared in accordance with accepted appraisal procedures. The value of the real property:
A. Is the full amount believed by the City to be just compensation.
B. Is not less than the approved appraisal of the fair market value of the property as improved.
C. Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public purposes or improvements for which the property is to be acquired, other than that due to physical deterioration within reasonable control of the owner or occupant.
D. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits the owner may be entitled to receive under California law.
This Summary of the basis of the amount offered as just compensation is presented in compliance with Federal and State Law and has been derived from a formal appraisal prepared for the City of Glendora which includes supporting sales data and other documentation.
CITY OF GLENDORA
Item #7. Page 25
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EMINENT DOMAIN - Information Pamphlet
SUMMARY STATEMENT RELATING TO PURCHASE OF
Item #7. Page 26
Meeting Date: 12/13/2022 / Packet Page #: 566
EMINENT DOMAIN - Information Pamphlet
REAL PROPERTY OR AN INTEREST THEREIN
State of California Real Property Acquisition Guidelines requires that each owner from whom the City of Glendora (“City”) purchases real property or an interest therein or each tenant owning improvements on the property be provided with a summary of the appraisal of the real property or interest therein, as well as the following information:
1. You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the prorata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession.
2. The City will offer to purchase remnant(s) considered by the City to be an uneconomic unit(s) which is owned by you, or, if applicable, occupied by you as a tenant and which is contiguous to the land being conveyed.
3. All buildings, structures, and other improvements affixed to the land described in the referenced documents covering this transaction and owned by the grantors herein, or if applicable, owned by you as a tenant are being conveyed unless other disposition of these improvements has been made. The interest acquired is fee simple.
4. The market value of the property being purchased is based upon a market value appraisal which is summarized on the attached written Appraisal Summary Statement.
5. If you ultimately elect to reject the City’s offer for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California.
6. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the business owner’s ability to prove such loss in accordance with the provisions of Section 1263.510 and 1263.520 of the Code of Civil Procedure.
Item #7. Page 27
Meeting Date: 12/13/2022 / Packet Page #: 567
Acquisition of South
Hills Property
Community Development
City Council
December 13, 2022
Valerie Velasquez, Economic Development & Housing Manager CityOfGlendora.org
Item #7. Page 28
Meeting Date: 12/13/2022 / Packet Page #: 568
2 South Hills Wilderness Area
• City owns majority of South Hills
Wilderness area.
• Conserve as Open Space
• Recreational Opportunities
• Subject Property 4.72 gross
(3.81 net) acres
Item #7. Page 29
Meeting Date: 12/13/2022 / Packet Page #: 569
3 Subject Property
• APN 8644-014-036
• 4.72 Acres / 3.81 Net
• Zoned Residential
E7-200,000
• Easements on Property
• DWP
• City
Item #7. Page 30
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4 Terms of Sale
• Terms of the Purchase and Sale Agreement:
• Purchase Price of $400,000
• City initiated acquisition under threat of eminent domain for public use of property
• Due diligence and close of escrow within 60 days
• City to pay closing costs, including broker commission of 2.5% Item #7. Page 31
Meeting Date: 12/13/2022 / Packet Page #: 571
5 RECOMMENDATIONS
1. Adopt a Resolution entitled: “A Resolution of the City Council Approving and Authorizing the Execution of an Agreement for Acquisition of Unimproved Real Property located in the City of Glendora, County of Los Angeles, State of California, Assessor Parcel Number 8644-014-036 from Thomas R. McGhuey, Trustee of the 1999 Thomas R. McGhuey Trust.”
2. Authorize the City Manager to execute the documents necessary to complete the acquisition of the property identified as APN 8644-014-036; and
3. Appropriate $440,000 from the Water Fund to pay for acquisition cost of $400,000 plus all closing costs.
That the City Council:
Item #7. Page 32
Meeting Date: 12/13/2022 / Packet Page #: 572
STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: DECEMBER 13, 2022
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): 4 AND 5
SUBJECT: CONSIDERATION OF A RESOLUTION DECLARING CERTAIN REAL PROPERTY AS SURPLUS LAND (APN: 8655-007-900, 8655-007-901, 8655-007-902 AND 8655-021-900)
RECOMMENDATION
That the City Council:
1. Adopt a City Council Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY IDENTIFIED BY ASSESSOR PARCEL NUMBERS (APN) 8655-007-900, 8655-007- 901, 8655-007-902, AND 8655-021-900 IS NON-EXEMPT SURPLUS LAND AND NOT
NECESSARY FOR THE CITY'S USE, TAKING RELATED ACTIONS, AND AUTHORIZING
STAFF TO PROCEED TO DISPOSE OF THE PROPERTY PURSUANT TO THE SURPLUS LAND ACT."
EXECUTIVE SUMMARY
The City currently owns undeveloped property in the City of Glendora located at the southern terminus of Woodland Lane, extending easterly to San Jose Drive and southerly to Big Dalton Wash (APN: 8655-007- 900, 8655-007-901, 8655-007-902, and 8655-021-900) (“Property”), as visually depicted under the Vicinity Map (Attachment A). The Property is composed of four vacant parcels, totaling 252,520 square feet or
5.8 acres (4.83 usable considering the 0.98 Big Dalton Wash encroachment). The property is adjacent and to the North of the City Public Works Yard and south of Foothill Blvd. The City has considered the property and has determined it is not necessary for the City’s use. Prior to disposing of the property, the City must follow procedures established by the Surplus Land Act and declare the property as Surplus Land via a resolution, included as Attachment B.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Effective January 1, 2020, the Surplus Land Act as amended by AB 1486 (codified in Government Code §§ 54220 et seq.) (“Act”) includes, among other requirements, changing the existing, long-standing definition of “surplus land”; providing that land shall be declared either “surplus land” or “exempt surplus land” before a local agency may take any action to sell or lease land; and adding a new limitation providing that an “agency’s use” “shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development,” or “property disposed of for the sole purpose of investment or generation of revenue.” The Act further added provisions prohibiting the City from negotiating any disposition of the property prior to compliance with the procedural requirements of the Act.
DISCUSSION
The City acquired the Property located at the southern terminus of Woodland Lane, extending easterly to San Jose Drive and southerly to Big Dalton Wash (APN: 8655-007-900, 8655-007-901, 8655-007-902, and 8655-021-900) more than four decades ago. Records as to the intended purpose of the acquisition Item #8. Page 1
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Staff Report Page 2 of 3
were not located, however the property is adjacent to the Public Works Street Yard and it is believed that the intent of the acquisition was for City operations.
The City has recently considered the Property and has determined it is not necessary for the City’s use or operation. Disposition of the property requires that the City comply with the Surplus Land Act.
Under the Act, the City is required to take the following steps to dispose of the Property:
1. Declare Property as “Non-Exempt Surplus Land.” City Council’s declaration of the Property as Non-Exempt Surplus Land is the first step in disposing the Property in accordance with the Act.
Should Council declare the Property as Non-Exempt Surplus Land, the written findings would be submitted to the State of California Housing Community Development Department (“HCD”) pursuant to the Act. A Non-Exempt declaration is recommended because the Property is undeveloped, encumbered by easements, and is not otherwise being used by the City. Staff have evaluated the Property for its potential to be used for City work or operations and have determined that the Property is not suitable for City’s use. The Property does not meet any of the “exempt” criteria under the Act (e.g., parcels less than 5,000 sq. ft., transfer to local agencies, etc.).
2. Issue Notice of Availability. Following the “Non-Exempt Surplus Land” declaration, a Notice of Availability (NOA) must be sent out to HCD and all entities designated in Government Code § 54222 (“Designated Entities”), including low- and moderate-income housing sponsors, with information on the Property. Other Designated Entities listed under the Act include county and state park agencies, school districts, housing authorities, and public transportation agencies. The purpose of this notice is to allow Designated Entities the opportunity to express interest in acquiring the surplus land.
A minimum period of 60 days must be given to allow sufficient time for interested parties to respond. HCD maintains a comprehensive list of housing developers that the City would be required to notify (by letter or email). To implement this step, Staff intends on sending notices to all required entities and concurrently provide a webpage with detailed information which would affect development and use of the Property, including, but not limited to, a current preliminary title report, plotting of easements, environmental information, etc.
3. Review Notice of Interests/ Good Faith Negotiations. After the 60-day Notice of Availability period, staff will review proposals, if any, from interested parties, select the top proposals, and initiate the 90-day good faith negotiations period. The Act does not require the City to sell to any Designated Entities for less than the Current FMV at the time of transaction.
If the City receives multiple notices of interest from Designated Entities to whom the notice was sent, the City is required to give priority to the entity that agrees to use the site for affordable housing purposes as specified under the Act. If more than one entity proposes the same number of affordable units, the City must give priority to the entity that proposes the deepest average level of affordability.
If the price or terms of a sale to a Designated Entity cannot be agreed upon, the City can sell the surplus land to any interested party, however if a market rate developer builds more than 10 residential units, the Act requires that 15% must be sold or rented at an affordable cost or affordable rent to lower income households for a period of 45 – 55 years (depending if rental or ownership housing), which shall be set forth in a covenant recorded against the property.
This agenda item addresses only the first step of the required process under the Act. City Council is Item #8. Page 2
Meeting Date: 12/13/2022 / Packet Page #: 574
Staff Report Page 3 of 3
asked to approve a Resolution declaring the Property as non-exempt, surplus land and authorize staff to take the next steps required under the Act for property disposition, including issuing the NOA. Any Notice(s) of Interest received will be brought to Council for consideration and negotiation.
FISCAL IMPACT
There are no immediate financial impacts relative to the recommended action. Some minimal direct costs will be incurred due to notices that must be mailed to the HCD and Designated Entities notifying them of the City’s surplus property.
ENVIRONMENTAL DETERMINATION
Not Applicable.
Prepared By Valerie Velasquez, Economic Development and Housing Manager Concurs With Not Applicable
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
A. Vicinity Map
B. Resolution
C. PowerPoint
Item #8. Page 3
Meeting Date: 12/13/2022 / Packet Page #: 575
ATTACHMENT A:
VICINITY MAP
Property is identified by APN: 8655-007-900, 8655-007-901, 8655-007-902, and 8655-021-900 Item #8. Page 4
Meeting Date: 12/13/2022 / Packet Page #: 576
ATTACHMENT A:
VICINITY MAP
Item #8. Page 5
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RESOLUTION CC 2022-____
A RESOLUTION OF THE CITY COUNCIL DECLARING PURSUANT TO
GOVERNMENT CODE § 54221 THAT REAL PROPERTY OWNED BY
THE CITY IDENTIFIED BY ASSESSOR PARCEL NUMBERS (APN) 8655- 007-900, 8655-007-901, 8655-007-902, and 8655-021-900 IS NON-EXEMPT SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S USE,
TAKING RELATED ACTIONS, AND AUTHORIZING STAFF TO
PROCEED TO DISPOSE OF THE PROPERTY PURSUANT TO SURPLUS
LAND ACT.
THE CITY COUNCIL
City of Glendora, California
WHEREAS, the City of Glendora (“City”) is the owner in fee simple of that certain real property located at the southern terminus of Woodland Lane, extending easterly to San Jose Drive and southerly to Big Dalton Wash (APN: 8655-007-900, 8655-007-901, 8655-007-902, and 8655- 021-900) and described in Exhibit A, attached hereto, and made a part of hereof (“Property”); and WHEREAS, the Surplus Property Land Act, Government Code §§ 54220-54233 (“Act”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use. The land must be declared either exempt surplus land or non-exempt surplus land; and WHEREAS, under the Act, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council for City work or operations; and
WHEREAS, the Property is undeveloped and is not otherwise being used by the City; and WHEREAS, City staff has evaluated the Property for its potential to be used for City work or operations, has determined that the Property is not suitable for the City’s use, and is non-exempt property; and
WHEREAS, the City Council desires to declare that the Property is surplus land and not necessary for the City’s use and is non-exempt under the Act; and WHEREAS, the Act requires that before the City Council disposes of the Property or engages in negotiations to dispose of the Property, the City shall proceed to dispose of the Property pursuant to the Act;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES HEREBY FIND, DECLARES, AND RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by reference.
SECTION 2. The City Council hereby declares that the Property is not necessary for the Item #8. Page 6
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Resolution CC 2022-_____ Page 2 of 3
City’s use and is, therefore, non-exempt surplus land under the Act and intends to dispose of the Property.
SECTION 3. The City Manager, officers and staff of the City are hereby authorized jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution and to dispose of the Property in compliance with the Act, including sending a notice of availability to the entities designated in Government Code § 5422 (“designated entities”) by electronic mail or by certified mail.
SECTION 4. This Resolution shall become effective immediately upon its adoption.
SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
APPROVED and PASSED this __ day of ________, 2022.
City Council of Glendora, CA
BY:
Mayor
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney
CERTIFICATION
I, Kathleen R. Sessman, City Clerk of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ___ day of ______, 20__, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Dated:
KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #8. Page 7
Meeting Date: 12/13/2022 / Packet Page #: 579
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Resolution CC 2022-_____ Page 3 of 3
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF GLENDORA
IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
APN: 8655-007-900, 8655-007-901, 8655-007-902, and 8655-021-900 Brief Description:
APN 8655-007-900
LOT NUMBER 9; TRACT NO. 1233 S 331.5 FT OF E 328.5 FT of LOT9 APN 8655-007-901
LOT NUMBER 6; TRACT NO. 1233 N 56.5 FT OF S 113 FT OF W 172.25 FT OF LOT 6 APN 8655-007-902
LOT NUMBER 6; TRACT NO. 1233 S 56.5 FT OF W 172.25 FT OF LOT 6 APN 8655-021-900
LOT NUMBER 2, 5; TRACT # 1233 LOT COM AT NW COR OF LOT 2 TH S 0 14'50 W 333.5 FT TH N 89 35' E TO SE LINE OF BIG DALTON WASH TH NE THEREON TO (Full Description for each parcel to be entered prior to submission to HCD.) Item #8. Page 8
Meeting Date: 12/13/2022 / Packet Page #: 580
Declaration of City-Owned
Property as Surplus
Community Development
City Council
December 13, 2022
Valerie Velasquez, Economic Development and Housing Manager CityOfGlendora.org
Item #8. Page 9
Meeting Date: 12/13/2022 / Packet Page #: 581
2 • Undeveloped City Owned Property
• Adjacent and North of City Yard
• Four Parcels, 5.8 (4.8) Acres
• Zoned Residential
Low/Medium Density
• Not Necessary for City Use
Item #8. Page 10
Meeting Date: 12/13/2022 / Packet Page #: 582
Surplus Land Act
3 • Effective January 1, 2020 must comply with Surplus Land Act (AB 1486). • Surplus Land Act requires, prior to disposition of City property:
o Declaration by Resolution that Property is Non-Exempt Surplus Land; o Notice of Availability sent to HCD and Designated Entities (DE); o DE: Affordable Housing Developers
o NOA must be open for minimum of 60 days
o Review Notice of Interests (Proposals) Received;
o Enter into a 90 Day Negotiation Period
o If no interest received from DE or terms are not agreed upon, City may sell to a Market Rate Developer.
Item #8. Page 11
Meeting Date: 12/13/2022 / Packet Page #: 583
4 RECOMMENDATIONS
Adopt a Resolution entitled, "A Resolution of the City Council Declaring Pursuant to Government Code Section 54221 that Real Property owned by the City Identified is Non-Exempt Surplus Land and not Necessary for the City's Use, Taking Related Actions, and Authorizing Staff to Proceed to Dispose of the Property Pursuant to the Surplus Land Act."
That the City Council:
Item #8. Page 12
Meeting Date: 12/13/2022 / Packet Page #: 584