Attachment No. 1
RESOLUTION NO. 24-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK
APPROVING THE TERMINATION OF THE FRONT STREET
PARTICIPATION AGREEMENT
WHEREAS, the City of Norwalk (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, on August 11, 1986, the City entered into a certain Agreement for Participation in a Commercial Revitalization Project Within the City of Norwalk (“Participation Agreement”) with various owners of real property located around Front Street (“Owners”); and
WHEREAS, the Participation Agreement and the Reciprocal Easement & Maintenance Declaration (“Declaration”) were recorded with the Los Angeles County Recorder’s Office on September 29, 1986 with as document nos. (86-1297875) and (86- 1297876) respectively; and
WHEREAS, the initial term of the Participation Agreement expired in 2006, and pursuant to Section 3.3, is automatically renewed for additional ten (10) year extension terms until such time as the Participation Agreement is terminated by all parties to the Participation Agreement or their successors-in-interest; and WHEREAS, the Section 4.10 of the Declaration requires that, without the prior written consent of the mortgagee, any modifications, amendments, or termination of the Declaration must be recorded with the Office of the Los Angeles County Recorder prior to being binding upon any mortgagee; and
WHEREAS, in conjunction with such revitalization efforts, the City desires to terminate the Participation Agreement; and
WHEREAS, City Council has considered all information related to this matter, as presented at the public meetings of City Council identified herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1. The facts set forth in the Recitals, above, are true and correct.
Section 2. The City Council of the City of Norwalk approves of the termination of the Participation Agreement and authorizes and directs the City Manager to execute any and all documents necessary to terminate the Participation Agreement and such other ancillary documents reasonably necessary to effectuate the intent of this Resolution in a form approved by the City Attorney.
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Section 3. The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3) under common sense exemption which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.. The termination of the Participation Agreement terminates an existing agreement and does not authorize any specific development.
Section 4.
If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council declares that it would have adopted this Resolution, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Resolution are declared to be severable.
Section 5. The Mayor, or presiding officer, is hereby authorized to affix her signature to this Resolution signifying its adoption by the City Council of the City of Norwalk and the City Clerk, or her duly appointed assistant, is directed to attest thereto.
APPROVED AND ADOPTED on this 5th day of March 2024.
____________________________
MARGARITA L. RIOS
MAYOR
ATTEST:
_______________________________
THERESA DEVOY, CMC
CITY CLERK