Resolution - 8842RESOLUTION NO. 8842 '
a
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING AN AGREEMENT FOR
PURCHASE AND SALE OF REAL PROPERTY AND ESCROW
INSTRUCTIONS AUTHORIZING THE SALE OF THE BARRANCA
SITE TO THE WEST COVINA REDEVELOPMENT AGENCY.
The City Council of the City of West Covina does resolve as follows:
SECTION 1. The City Council of the City of West Covina does hereby find and determine:
A. That Lot 22 of Tract 33014 in the City of West Covina, County of Los Angeles,
State of California, per map recorded in Book 906, Pages 46 through 48 inclusive of Maps on file in
the Office of the County Recorder of said county is surplus and no longer needed for City purposes;
B. That the public convenience and necessity require that the same be sold to the
Redevelopment Agency of the City of West Covina to be used for low_ and moderate income housing
purposes;
C. That an appraisal of the property has determined that the fair market value of the
property is $594,000;
D. That the purchase price for the property is $594,000;
E. That the property will be used by the Agency only for the provision of low and
moderate income housing as defined in the Community Redevelopment Law; and
F. That given such use for low and moderate income housing, the City is not required
to offer the property to other agencies pursuant to Government Code Section 54222.
SECTION 2. The Mayor, City Clerk and City Manager are authorized to enter into an escrow
and a purchase agreement attached hereto and incorporated herein for the payment for and transfer of
such property and to execute a grant deed in the form attached hereto as Exhibit " 1 " and cause the same
to the recorded; and, further, that the City shall pay one-half (1/2) of thecosts of such escrow and
transfer and the cost of the Phase I investigation.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 16th day of June , 1992.
Mayor
ATTEST:
City Clerk
I HEREBY CERTIFY the foregoing Resolution No. g842 was duly adopted by the City
Council of the City of West Covina at a regular meeting thereof held on the 16th day of
June , 1992, by the following vote:
AYES: Manners, Jennings, Herfert, McFadden, Wong
NOES: None
ABSENT: None
APPROVED AS TO FORM:
M—� a�/tQi
City Attorney
C�4
City Clerk
EXHIBIT "1"
AGREEMENT FOR PURCHASE AND SALE
OF REAL PROPERTY AND ESCROW INSTRUCTIONS
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
(this "Agreement") is made this 17th day of June , 1992, by
and among the City of West Covina ("Seller") and West Covina
Redevelopment Agency ("Buyer").
R E C I T A L S:
A. Seller is the owner of that certain real property
consisting of approximately acres
located in the County of Los Angeles, State of California,
more particularly described on Exhibit "A" attached hereto
and by this reference incorporated herein, together with all
improvements now or hereafter constructed thereon.
B. Seller wishes to sell the Property to Buyer and
Buyer wishes to buy the Property from Seller pursuant to the
terms and conditions of this Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
TERMS AND CONDITIONS
1. PURCHASE AND SALE OF PROPERTY.
Buyer hereby agrees to purchase from Seller, and Seller
agrees to sell to Buyer the Property, upon the terms and
conditions hereinafter set forth.
2. OPENING OF ESCROW.
The parties have agreed that the City
Controller/Treasurer of the Redevelopment Agency shall
function as the escrow holder here ("Escrow Holder") in order
to avoid or reduce the costs of the transaction. An executed
copy of this Agreement shall be deposited with Escrow Holder
by Seller. Escrow shall be deemed open on the date that
Seller delivers this executed Agreement to Escrow Holder
("Opening of Escrow").
3. PAYMENT OF PURCHASE PRICE.
3.1 Amount of Purchase Price. The purchase price for
the Property will be FIVE HUNDRED NINETY FOUR THOUSAND
DOLLARS ($594,000) ("Purchase Price").
•
3.2 Payment of Purchase Price. The Purchase Price
shall be paid as follows:
on the day preceding the Closing Date, Buyer shall
deposit the Purchase Price with Escrow Holder in a check
drawn on or issued by the offices of a financial institution
located in the State of California.
3.3 Exceptions. Seller has allowed Valencia Heights
Water Co. ("Water Co.") to use the Property temporarily for
operation of a water well using temporary, above -ground lines
and subject to Unclassified Use Permit No. 396, as amended by
the Planning Commission. Water Co. has certain outstanding
requirements in order to obtain a permanent right to use the
property for the operation of a water well as set out in the
letter of conditions attached hereto and by this reference
incorporated herein.
Therefore, Buyer shall take the Property subject to the
provisions of Unclassified Use Permit No. 396 as set forth in
P.C. Resolution No. 10-89-3783 and P.C. Resolution No. 5-91-
3960, any precise plan for the site presented by the Water
Co. and approved by the PC and CC as set out in these
documents and any easement granted by the Seller enabling the
Water Co. to use the property for operating a water well.
Notwithstanding, the Property shall cease to be subject
to these provisions in the event that Water Co. fails to meet
the requirements of all relevant City documents and any state
and federal requirements for the operation of the water well.
4. ADDITIONAL FUNDS AND DOCUMENTS REQUIRED FROM BUYER AND
SELLER.
4.1 Buyer. Buyer agrees that on the business day
preceding the Closing Date, Buyer will deposit with Escrow
Holder all funds and documents (executed and acknowledged, if
appropriate) which are necessary to comply with the terms of
this Agreement, including without limitation, the following:
(a) One half of any Escrow costs;
(b) A copy of Redevelopment Agency Resolution
No. Authorizing the Purchase of the Property, and
Accepting the Conveyance from the City;
(c) A check or warrant
$594,000;
in the amount of
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(d) Such funds or other items and instruments as
may be necessary in order for Escrow Holder to comply
with this Agreement.
4.2 Seller. Seller agrees that on the business 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, the following:
(a) A copy of City Resolution No.
Authorizing the Sale of the Property with a form of
grant deed conveying the Real Property to Buyer attached
hereto as Exhibit "C" ("Grant Deed").
(b) Such funds and other items and instruments
as may be necessary in order for Escrow Holder to comply
with this Agreement.
Escrow Holder will cause the Grant Deed to be recorded
when (but in no event after the date specified in Section 5.1
below) it holds for the account of Seller the items described
above to be delivered to Seller through Escrow, less any
costs, expenses and disbursements chargeable to Seller
pursuant to the terms hereof.
4.3 Miscellaneous Documents. on or before the
Closing Date, Seller shall deliver to Buyer all documents
relating to the Property which Seller may have in its
possession including but not limited to copies of all
engineering reports, soils studies, environmental audits and
reports, environmental impact report, and all other documents
relating to the Property for Buyer's review and approval.
4.4 Entry for Investigation. Subject to the
conditions hereafter stated, Seller grants to Buyer, its
agents and employees a limited license to enter upon any
portion of the Real Property for the purpose of conducting
additional engineering surveys, soil tests, investigations or
other studies reasonably necessary to evaluate the condition
of the Real Property, which additional studies, surveys,
investigations and tests shall be done at Buyer's sole cost
and expense. Buyer shall (a) notify Seller prior to each
entry of the date and purpose of intended entry and provide
to Seller the names and affiliations of the persons entering
the Real Property; (b) conduct all studies in a dilic=nt,
expeditious and safe manner and not allow any dangerous or
hazardous conditions to occur on the Real Property during or
after such investigation; (c) comply with all applicable laws
1
and governmental regulations; (d)I keep the Real Property free
• and clear of all materialmen's liens, lis pendens and other
liens arising out of the entry and work performed under this
paragraph; (e) maintain or assure maintenance of workers'
compensation insurance (or statelapproved self-insurance) on
all persons entering the property in the amounts required by
the State of California; (f) return the Real Property to its
original condition following Buyer's entry. Buyer agrees to
indemnify, defend, protect and hold Seller and the Property
free and harmless from any and all loss, liability, claims,
damages and expenses (including but not limited to attorneys'
fees and costs) arising directly or indirectly from the
exercise of said license, or from Buyer's failure to comply
with the conditions to Buyer's entry onto the Real Property
provided herein. Such undertaking of indemnity shall survive
Close of Escrow or the termination of this Agreement for any
reason. The limited license herein granted shall be co-
extensive with the term of this Agreement or any extension
thereof.
4.5 Survey. If determined to be necessary by the
parties, Seller shall have a survey prepared at its cost and
expense as soon as possible after the opening of Escrow.
4.6 Covenant of Seller. Seller covenants to use its
best efforts to satisfy all conditions precedent to Buyer's
obligations hereunder.
4.7 Distribution of Documents. Following the Close
of Escrow, Escrow Holder shall distribute the documents as
follows:
(a) To Buyer:
(i) One certified conformed copy of the
Grant Deed, the original to be provided to Buyer
following recordation thereof;
(ii) One certified copy, conformed if
recorded, of any other document delivered to Escrow
Holder by Buyer or Seller pursuant to the terms hereof.
(b) To Seller:
(i) One certified copy, conformed if
recorded, of any other document delivered to Escrow
Holder by Buyer or Seller pursuant to the terms hereof.
5. CLOSING DATE; TIME OF ESSENCE.
• 5.1 Closing Date. Escrow shall close on or before
[ , 199 ] [ (_) days after the
Opening of Escrow] ("(flosing Date"), subject to any extension
agreed to in advance in writing by the parties. The terms
"the Close of Escrow", and/or the "Closing" are used herein
to mean the time Seller's Grant Deed is filed for record by
the Escrow Holder in the Office of the County Recorder of Los
Angeles Coun_y, California.
6. CONDITIONS PRECEDENT TO CLOSE OF ESCROW.
6.1 Conditions to Buyer's Obligations. The obliga-
tions of Buyer under this Agreement shall be subject to the
satisfaction or written waiver, in whole or in part, by Buyer
of each of the following conditions precedent:
(a) Escrow Holder holds and will deliver to
Buyer the instruments and funds, if any, accruing to
Buyer pursuant to this Agreement.
6.2 Conditions to Seller's Obligations. The obliga-
tions of Seller under this Agreement shall be subject to the
satisfaction or written waiver, in whole or in part; by
Seller of each of the following conditions precedent:
(a) Escrow Holder holds and will deliver to
Seller the instruments and funds accruing to Seller
pursuant to this Agreement.
7. ESCROW PROVISIONS.
7.1 Escrow Instructions. This Agreement, when signed
by Buyer and Seller, shall also constitute escrow instruc-
tions to Escrow Holder.
7.2 General Escrow Provisions. Escrow Holder shall
instruct the Los Angeles County Recorder to mail the Grant
Deed to Escrow Holder after recordation. All funds received
in this Escrow shall be deposited in one or more general
escrow accounts of the Escrow Holder and may be disbursed to
any other general escrow account or accounts. All
disbursements shall be made by Escrow Holder's check or
warrant. This Agreement and any modifications, amendments,
or supplements thereto may be executed in counterparts and
shall be valid and binding as if all of the parties'
signatures were on one document.
7.3 Payment of Costs. Seller shall pay one-half (1/2)
• of the Escrow fee, and any charge for drawing the Grant Deed.
Buyer shall pay the one-half (1/2) of the Escrow fee and
charges for recording the Grant Deed. 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.
8. BUYER'S AND SELLER'S REPRESENTATIONS.
8.1 Indemnification. Buyer shall, from and after the
Close of Escrow, defend, indemnify and hold harmless Seller
and its officers, employees, agents and representatives
(collectively, the "Indemnified Parties") from and against
any and all Environmental Claims, Environmental Cleanup
Liability, Environmental Compliance Costs, and any other
claims, actions, su-ts, lec.al or administrative orders or
proceedings, demands or other liabilities resulting at any
time from the physical and/or environmental conditions of the
Property whether before or after the Close of Escrow or from
the existence of any Hazardous Material or the release or
threatened release of any Hazardous Material of any kind
whatsoever, in, on or under the Real Property occurring at
any time whether before or after the Close of Escrow,
including but not limited to, all foreseeable and
unforeseeable damages, fees, costs, losses and expenses,
including any and all attorneys' fees and environmental
consultant fees, directly or indirectly arising therefrom,
and including fines and penalties of any nature whatsoever,
assessed, levied or asserted against any Indemnified Parties
to the extent that the fines and/or penalties are the result
of a violation or an alleged violation of any Environmental
Law.
8.2 Buyer's acceptance of property "As Is". The
parties acknowledge that a Phase I environmental assessment
has been done on the property and that it did not reveal any
contaminants. Except as otherwise represented and warranted
in this Agreement, Seller makes no warranty or representation
of any kind or nature concerning the physical or
environmental condition of the Property, the condition of any
pollution or nuisance from or on the Property, or the
existence of or non-existence of any Contaminants (as defined
below) on the Property, and makes no representations or
warranties regarding the condition, fitness or utility for
any purpose of the Property and the zoning thereof, or any
improvements thereto or personal property located thereon, or
the compliance thereof with applicable laws, ordinances or
governmental regulations. Buyer acknowledges that except for
the performance of the Phase I asessment, Seller has made no
representations or warranties to Buyer as to any matters
• concerning the physical or environmental condition of the
Property, the condition of any pollution or nuisance from or
on the Property, or the existence or non-existence of any
Contaminants on the Property.
The sale of the Property is strictly "AS IS -
WHERE IS, WITH ALL FAULTS," and Seller hereby disclaims any
and all warranties whatsoever, expressed or implied,
including without limitation any warranty of merchantability
or habitability or fitness for a particular purpose. Buyer
acknowledges and agrees that the Property is being sold and
conveyed and is accepted by buyer in an "AS IS - WHERE IS,
WITH ALL FAULTS" condition. Buyer further acknowledges that
it has had complete access to the Property prior to closing
and has full opportunity to initiate and complete any and all
investigations and/or assessment it deems necessary,
including its own "Due Diligence" with respect to all
environmental matters relating to the property, and including
the opportunity to perform a complete environmental
assessment and investigation of the Property. Upon the close
of escrow, Buyer acknowledges it shall be deemed to have
waived any and all objections to the physical or
environmental condition of the Property.
8.3 Buyer's waiver of claims against seller. From
and after the date of closing, Buyer hereby waives, releases
and forever discharges Seller, its agents, employees,
attorneys, representatives, successors and council members
from any and against any and all suits, causes of action,
legal or administrative proceedings, claims, demands, actual
or punitive damages, losses, injuries, costs, and/or
liabilities of whatever kind or nature, including any and all
attorney's fees and/or consultant fees, based in law or
equity, that results from or in any way concerns the physical
or environmental condition of the Property, the existence of
any condition of pollution or nuisance on the Property, or
the existence or release or threatened release of any
Contaminant from or on the Property.
Buyer understands and agrees that this waiver and
release includes any and all claims, suits or rights Buyer
may have as against Seller under the provisions of the
Comprehensive Environmental Response Compensation and
Liability Act ("CERCLA" - Title 42 U.S.C. § 9601, et seq.),
or any other federal, state or local law or regulation that
concerns or in any way relates to the physical or
environmental condition of the Property, a condition of
pollution or nuisance on the Property, or the existence of or
release or threatened release of any Contaminant from, or on
• the Property.
Buyer expressly waives the benefits of Section
1542 of the California Civil Code which provides as follows:
"A general release does not extend to
claims which the creditor does not know
or expect to exist in his favor at the
time of executing the release, which if
known by him, must have materially
affected his settlement with the debtor."
8.4 Buyer's indemnification of Seller. Buyer hereby
agrees to defend, indemnify and hold Seller, its agents,
representatives, employees and council members, harmless from
and against any and all damages, losses, injuries, claims,
suits, actions, or administrative proceedings, in law or in
equity, of whatever kind or nature, that currently exist, or
that may hereafter arise, that concern or in any way relate
to the physical or environmental condition of the Property, a
condition of any pollution or nuisance on the Property or the
existence of or release or threatened release of any
Contaminants from, on or within the Property.
For purposes of this Agreement, the terms
"CONTAMINANT" or "CONTAMINANTS" shall include "hazardous
substances" as defined under CERCLA, 42 U.S.C. § 9601(14),
and under California Health and Safety Code § 25316,
"hazardous substance" as defined by California Health and
Safety Code § 25281(f), "hazardous waste" as defined under
the provisions of the Resource, Conservation and Recovery Act
("RCRA" - Title 42 U.S.C. § 6901 et seg.), "hazardous waste"
as defined by California Health and Safety Code § 25117,
"hazardous material" as defined by California Health and
Safety Code § 25501(k) and "waste" as defined by California
Water Code § 13050(d)
8.5 Buyer's Covenant. Buyer further agrees that in
the event Buyer obtains, from former or present users or
lessees of the Property or any cther persons or entities,
releases from liability, indemnities, or other forms of hold
harmless relating to the subject matter of this section,
Buyer shall obtain for Seller the same releases, indemnities,
and other comparable provisions.
8.6 Survival. Notwithstanding any other provision of
this Agreement, Buyer's release and indemnification as set
forth in the provisions of this Section, as well as all other
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J
provisions of this Section shall survive the Close of Escrow
• and shall continue permanently.
BUYER AND SELLER ACKNOWLEDGE AND AGREE THAT THE
FOREGOING PROVISIONS OF THIS SECTION HAVE BEEN FREELY
BARGAINED FOR BY THE PARTIES AND CONSTITUTE A MATERIAL
CONSIDERATION TO SELLER FOR THE SALE OF THE PROPERTY AND BUT
FOR THIS PROVISION SELLER WOULD NOT SELL THE PROPERTY TO
BUYER.
SELLER'S INITIALS BUYER'S INITIALS
8.7 Covenant for Use of Property. Buyer shall
utilize the Property for low and moderate income housing as
defined in the Community Redevelopment Law, Seller has
determined that it is in the best interest of the City and
the public convenience and necessity require the sale of the
Property to Buyer for such use. Given this convenant for
such use, Seller is not required to offer the property to
other agencies for low and moderate income housing pursuant
to Government Code 9 54222.
9.0. POSSESSION.
Possession of the Property shall be delivered to Buyer
as of Close of Escrow.
10.0. MISCELLANEOUS.
10.1 Assignment. Buyer shall not have the right to
assign this Agreement or any interest or right hereunder or
under the Escrow or to nominate another party to take title
to the Property without the prior written consent of Seller,
which consent shall not be unreasonably withheld. In no
event shall Buyer be released of liability in the event of an
assignment or nomination.
10.2 Cooperation. Buyer and Seller agree to cooperate
with one another, at no cost or expense to the cooperating
party, in satisfying the conditions to Close of Escrow.
10.3 Qualification; Authority. Each party represents
and warrants that it is duly formed, is authorized to do
business in the state in which the Property is located and
that it has been duly authorized to enter into and perform
this Agreement.
10.4 Attorneys' Fees. In any action between the par-
ties 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.
10.5 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.
10.6 No Waiver. No delay or omission by either party
hereto in exercising any right or power accruing upon the
compliance or failure of performance by the other party
hereto 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 hereto 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 cove-
nants, agreements, restrictions or conditions hereof.
10.7 Modifications. Any alteration, change or modifi-
cation 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.
10.8 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, provision, 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.
10.9 Merger of Prior Agreements and Understandings.
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 or contemporaneous agreements, understandings,
• representations and statements, oral or written, are merged
herein and shall be of no further force or effect.
10.10 Covenants to Survive Escrow. The covenants and
agreements contained herein shall survive the Close of Escrow
and, subject to the limitations on assignment contained in
Section 10.1 above, shall be binding upon and inure to the
benefit of the parties hereto and their representatives,
heirs, successors and assigns.
10.11 Execution in Counterpart. 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.
10.12 Notices. Any notice which either party may desire
to give to the other party or to the Escrow Holder must be in
writing and shall be effective (i) when personally delivered
by the other party or messenger or courier thereof; (ii)
three (3) business days after deposit in the United States
mail, registered or certified; (iii) twenty-four (24) hours
after deposit before the daily deadline time with a reputable
overnight courier or service; or (iv) upon receipt of a
telecopy or fax transmission, provided a hard copy of such
transmission shall be thereafter delivered in one of the
methods described in the foregoing (i) through (iii); in each
case postage fully prepaid and addressed to the respective
parties as set forth below or to such other address and to
such other persons as the parties may hereafter designate by
written notice to the other parties hereto:
To Seller: City of West Covina
1444 W. Garvey Avenue, South
West Covina, CA 91793
ATTN: City Manager
To Buyer: Redevelopment Agency
City of West Covina
1444 W. Garvey Avenue, South
West Covina, CA 91793
ATTN: Project Manager
10.13 Exhibits. Exhibits , attached hereto, are
incorporated herein by this reference.
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IN WITNESS WHEREOF, the parties hereto have executed
. this Agreement of Purchase and Sale of Real Property and
Escrow Instructions as of the date set forth above.
—7
"SELLER"
"BUYER"
7/482/014125-0003/272
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SCHEDULE OF EXHIBITS
EXHIBIT "A" LEGAL DESCRIPTION OF LAND
EXHIBIT "B" VALENCIA HEIGHTS INFORMATION
EXHIBIT "C" FORM OF GRANT DEED
if
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EXHIBIT "A"
• LEGAL DESCRIPTION OF LAND
The Land is that certain real property located in the City of
West Covina, County of Los Angeles, State of California, more
particularly described as follows:
LOT 22 OF TRACT NO. 33014, IN THE CITY OF WEST COVINA,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 906 PAGES 46 THROUGH 48 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
1
€t
���g® EXHIBIT "B"
UJCm E Up�`'I M WEST COVINA CITY HALL • 1444 West Garvey Avenue South • West Covina, California 91790
HEIDEVEMPMErIT iiGEn[Y post Office Box 1440, West Covina, California 91793 • Telephone 1818) 814-8417
January 17, 1992
Mr. Herman Weskamp
Valencia Heights Water Company
3009 Virginia Avenue
West Covina, CA 91791
Subject: Water Well Operation on City -Owned Property
138 South Barranca Street, West Covina
Dear Mr. Weskamp:
The purpose of this letter is to apprise you of a number of concerns the West
Covina Redevelopment Agency has regarding the water well operation located at 138
South Barranca Street. As you may be aware, the Redevelopment Agency is in the
process of acquiring the subject property from the City for purposes of
developing the site with affordable senior housing.
The Redevelopment Agency believes that the senior housing project and the water
well operation can co -exist on the same site. However, the following items will
need to be resolved before this can occur: 1) access for maintenance of the well
equipment; 2) realignment of the sewer line; 3)�appropriate permit from the City;
4) repair of reservoir leak causing seepage onto the property; and, 5)
conformance with the conditions of approval for Unclassified Use Permit No. 396
as set forth by Planning Commission Resolution No. 10-89-3783 and Planning
Commission Resolution No. 5-91-3960, including obtaining a precise plan for
undergrounding water lines and securing a permanent right to use property for
operating a water well.
Access for Maintenance of Well Equipment
The water well should be accessed for maintenance purposes from the service road
which runs parallel to the Los Angeles County Flood Control channel. The County
holds fee simple title to said service road. It is the responsibility of the
Valencia Heights Water Company to obtain an easement, permit or,license from the
County for access rights.
Realignment of Sewer, Line.
The sewer line is within the required fifty feet (50') minimum radius of the
water well. This is a violation of both the Uniform Plumbing Code and the City's.
Water Well Ordinance. Given the site__plan proposed by the developer of the
senior housing project and the need .to resolve this violation, said sewer line
if
Herman Weskamp
2 January 17, 1992
will have to be realigned to allow the project to be built as proposed. Both the
developer and Valencia Heights Water Company will share the cost of relocating
the sewer line. The developer's share will be the amount it would have cost to
realign the sewer line absent the water well. Valencia Heights' share will be
defined as the incremental cost of relocating the sewer line due to the presence
of the water well and having to maintain a minimum distance of fifty feet between
the sewer line and water well.
Encroachment Permit/Easement
An encroachment permit and/or easement (this is the permanent use requirement)
must be obtained from the City in order to allow for the operation of a water
well and associated water line on City -owned property.
Repair of Reservoir Seepage
There is a large puddle of water measuring approximately 25 square feet in the
southern portion of the project site. It appears that this may be the result of
seepage from the partially underground water reservoir tank located on the
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adjacent property owned by Valencia Heights. If this proves to be the case,
Valencia Heights is responsible for repairing said tank and repairing any damage
to City property.
Conformance with Unclassified Use Permit No. 396
The authorization to place above -ground water lines and operate a water well on
the subject site along with other temporary encroachments is contingent upon
conformance with the conditions of approval set forth in Planning Commission
Resolution No. 10-89-3783 and Planning Commission Resolution No. 5-91-3960.
Copies of the resolutions are attached. Included in the conditions is the
requirement for the construction of a decorative masonry block wall as a
screening device. Any outstanding site cleanup issue must also be resolved.
Furthermore, a precise plan is required for undergrounding water lines once the
senior housing project is finalized.
Enclosed for your reference is a site plan for the senior housing project which
City staff is recommending final approval by the Planning Commission and
Redevelopment Agency Board. Based on the enclosed site plan, please submit plans
in compliance with the aforementioned conditions of approval by February 7, 1992.
Herman Weskamp 3 January 17, 1992
Be advised the Redevelopment Agency considers these items to be very important,
and deserve your immediate attention. In the spirit of resolving these items as
quickly as possible, the Redevelopment Agency looks forward to meeting with you
at your earliest convenience. It you have any questions, please call me at (818)
814-8401.
Sincerely,
S� �U ( , J
Xteven W. y ie
cting Dir for Red velopment Services
SWW/JM/bh
LEV009JM
Enclosures
cc: Valencia Heights Board of Directors
Chester Yoshizaki
Patricia Haley
Harry Thomas
Jeff Collier
Javier Mariscal