HomeMy WebLinkAboutSams Party Rentals OPA with RDA1:30pm - C
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FRESNO County Recorder
Paul Dittos, C,P,A,
DOC— 2011-0089283
Wednesday, JUL 06, 2011 14:44:54
Tt l Pd $0.00 Nbr-0003467950
APR/R1/1-45
SPACE ABOVE LINE FOR RECORDER'S USE
REDEVELOPMENT AGENCY OF THE CITY OF FRESNO
FULTON REDEVELOPMENT PLAN
OWNER PARTICIPATION AGREEMENT
THIS AGREEMENT (the "Agreement"), is entered into this day of �i'G , 2011
(the "Effective Date"), by and between the Redevelopment Agency of the City of Fresno, a public
body corporate and politic (the "Agency"), and Harry R. and Daniel C. Boyajian DBA Sam's
Party Rentals whose offices are located at 1950 Broadway/ 16 Yosemite Fresno California
93721 (collectively, the "Owner -Participants").
1bJKK Int =V.*3
A. The Fresno City Council and the Agency adopted the Fulton
Redevelopment Project Area Plan on June 30, 1998, by Ordinance No. 98-42, and
subsequently amended the redevelopment plan two times by way of Ordinance 2008-9
adopted February 26,2008, and 2010-28 adopted on July 22, 2010, in compliance with the
provisions of CRL ("Fulton Project" or "Plan"); and
B. The Fulton Redevelopment Project Area Pian (the "Project or Plan")
provides for the participation and the redevelopment of property in the project area subject to the
Plan (the "Project or Plan")by the owners of property who agree to participate in the
redevelopment in conformity with the Plan by entering into a binding agreement with the Agency;
and
C. Owner -Participant is the owner in fee simple of property in the Project
Area which is depicted and legally described on Exhibit A"(the "Property") attached
hereto and incorporated by reference herein; and
D. Owner -Participant desires to participate in the use, operation,
maintenance, development and redevelopment of its Property in the Project Area in a manner
consistent with the criteria and in conformity with the terms of this Agreement and the Plan.
0229110000/288081090897-0932
Recording Requested by and
When Recorded Return to:
0a
LU
o
CITY CLERK
00
2600 FRESNO STREET
FRESNO, CA 93721-3003
llll ill � llll it II Illi I lil II 11 ill iii! I Ilii i 111 it ii
FRESNO County Recorder
Paul Dittos, C,P,A,
DOC— 2011-0089283
Wednesday, JUL 06, 2011 14:44:54
Tt l Pd $0.00 Nbr-0003467950
APR/R1/1-45
SPACE ABOVE LINE FOR RECORDER'S USE
REDEVELOPMENT AGENCY OF THE CITY OF FRESNO
FULTON REDEVELOPMENT PLAN
OWNER PARTICIPATION AGREEMENT
THIS AGREEMENT (the "Agreement"), is entered into this day of �i'G , 2011
(the "Effective Date"), by and between the Redevelopment Agency of the City of Fresno, a public
body corporate and politic (the "Agency"), and Harry R. and Daniel C. Boyajian DBA Sam's
Party Rentals whose offices are located at 1950 Broadway/ 16 Yosemite Fresno California
93721 (collectively, the "Owner -Participants").
1bJKK Int =V.*3
A. The Fresno City Council and the Agency adopted the Fulton
Redevelopment Project Area Plan on June 30, 1998, by Ordinance No. 98-42, and
subsequently amended the redevelopment plan two times by way of Ordinance 2008-9
adopted February 26,2008, and 2010-28 adopted on July 22, 2010, in compliance with the
provisions of CRL ("Fulton Project" or "Plan"); and
B. The Fulton Redevelopment Project Area Pian (the "Project or Plan")
provides for the participation and the redevelopment of property in the project area subject to the
Plan (the "Project or Plan")by the owners of property who agree to participate in the
redevelopment in conformity with the Plan by entering into a binding agreement with the Agency;
and
C. Owner -Participant is the owner in fee simple of property in the Project
Area which is depicted and legally described on Exhibit A"(the "Property") attached
hereto and incorporated by reference herein; and
D. Owner -Participant desires to participate in the use, operation,
maintenance, development and redevelopment of its Property in the Project Area in a manner
consistent with the criteria and in conformity with the terms of this Agreement and the Plan.
0229110000/288081090897-0932
NOW, THEREFORE, in consideration of the mutual promises and the respective
obligations, conditions and covenants herein, the Agency and the Owner -Participant agree as
follows:
AGREEMENT
1. The Plan, including all future amendments thereto, and the "Owner
Participation Rules governing Participation by Property Owners and the Extension of Reasonable
Preferences to Business Occupants in the Fulton Redevelopment Project Area", as adopted by
Resolution 1483 on May 26, 1998, and as amended from time to time (the "Rules"), are attached
hereto as Exhibit"(]" and incorporated herein by this reference, and are made a part of this
Agreement with the same force and effect as though set forth in full herein.
2. The Agency has determined that certain work and improvements (collectively,
the "Improvements") on the Property are necessary to make the Property and the Owner
Participant's use thereon conform to the uses permitted by the City of Fresno, and the applicable
standards, covenants, restrictions, conditions, controls and requirements of the Plan and the Rules.
The Improvements are described on Exhibit B, attached hereto and incorporated by reference herein.
Prior to the Effective date of the Owner Participation Agreement, the Owner Participant will provide
the Agency with a signed Parking Lease Agreement with Fulton Plaza, LLC, A California Limited
Liability Company. Within 10 days after the Effective Date, the Owner Participant shall commence,
and shall thereafter diligently pursue to completion within the time set forth in Exhibit "C", all steps
necessary to construct and install the Improvements. The Improvements shall be constructed and in
installed in accordance with Exhibit "B", other provisions of this Agreement, the Plan, all applicable
federal, state and local codes, ordinances, regulations and standards, and any site plan and building
plans as approved by the City of Fresno (the "City") and the Agency. The Owner Participant shall
pay or otherwise be responsible for all direct and indirect costs in connection with the Improvements,
including without limitation development and building fees, architecture and engineering,
construction work and labor, insurance, interim financing, and other items necessary or appropriate to
complete the Improvements.
If, during the period the Improvements are being constructed and installed, the Owner
Participant desires to make any change to the site plan or building plans which the City or the
Agency have previously approved for the project, the Owner participant shall submit the proposed
change to the Agency and the City for review. The Agency and the City shall approve or reject the
proposed change within 15 working days after submittal. If the Agency or the City finds that the
proposed change is not inconformity wit this Agreement, the Plan, or applicable federal, state or local
codes, regulations or standards, the Agency shall reject the proposed change and so notify the Owner
Participants, setting forth the reasons for rejection. The Owner Participants may thereafter resubmit
the proposed change for review in accordance with this paragraph.
Upon completion of the Improvements, the Owner Participant shall so notify tlhe Agency.
Within ten days after such notice, the Agency shall inspect the Improvements. When the Agency
determines that the Improvements have been completed fully in accordance with this Agreement, the
Plan, and applicable codes, regulations and standards, the Agency shall promptly deliver to the
Owner Participant an appropriate document certifying such completion (the "Release of
Construction Covenants"). The Agency shall not unreasonably withhold the Release of
Construction Covenants. The Release of Construction Covenants shall be, and shall state that it is,
conclusive evidence that the Owner Participant and its successors and assigns have satisfied all
agreements and obligations in this Agreement with respect to completion of the Improvements and
the dates for beginning and completion thereof, The Release of Construction Covenants shall be in
such form as to permit it to be recorded in the Fresno County Recorder's Office. The Release of
Construction Covenants shall not be evidence of compliance with or satisfaction of any obligation of
the Owner Participant to any holder of a mortgage or trust deed arising from or related to money
loaned to finance acquisition of the Property, the Improvements or any part of either.
3. (a) The Owner -Participant covenants for itself, its heirs, executors,
administrators, successors and assigns, and all persons claiming under or through any of them, that
the Owner -Participant, its heirs, executors, administrators, successors and assigns, and all persons
claiming under or through any of them shall:
(i) Continue to devote, use, operate and maintain the Property, the
Improvements and all improvements now or hereafter existing thereon, including uses which are
ancillary to the existing use, in conformity with this Agreement, the Plan and the Rules, as amended,
and all applicable federal, state and local laws, ordinances, codes, regulations and standards; and
shall submit for the Agency's review and approval all site, development or building plans for
modifications or additions to such uses, including but not limited to plans for figade treatment, signs,
and fencing to be attached to structures on the Property, to ensure their consistency with the existing
use or other uses specified in the Plan as then in effect and the standards, covenants, restrictions,
conditions, and requirements of the Plan and the Rules as then in effect. The Agency's review shall
be in addition to and without limitation on review by the City and any other federal, state or local
governmental agency having jurisdiction. The Agency shall approve or reject the proposed plans
within 15 working days after submittal. If the Agency finds that the proposed plans are not in
conformity with this Agreement, the Plan or the Rules as then effect, or applicable federal, state or
local laws, ordinances, codes, regulations or standards, the Agency shall reject the proposed plans
and so notify the Owner Participant, setting forth the reasons for the rejection. The Owner
Participant may thereafter modify and resubmit the proposed plans for further review by the Agency
in accordance with this subject subparagraph.
(ii) Not effect or execute any agreement, lease, conveyance or other instrument
whereby the Property or any part thereof or interest therein is restricted upon the basis of race,
religion, color, creed, sex, marital status, ancestry, or national origin, in the sale, lease, rental or
occupancy thereof.
(iii) Not discriminate against or segregate any person, or group of persons, ori
account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the sale,
lease, sublease, rental, transfer, use, occupancy, tenure, or enjoyment of the Property, any interest
therein, or any improvements erected or to be erected thereon, nor shall the Owner -Participant itself,
or any person claiming under -or through it, establish any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, subtenants, sub -lessees, or vendees in the Property.
(iv) Provide in all leases, subleases or conveyances affecting the Property or
any part thereof or interest therein that no person shall, on the ground of race, color, creed, religion,
sex, marital status, ancestry, or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity on the Property as
contemplated by this Agreement.
(v) Comply with all federal, state and local laws in effect from time to time
prohibiting discrimination or segregation by reason of race, religion, color, creed, sex, marital status,
ancestry, or national origin, in the sale, lease or occupancy of the Property.
The covenant set forth in Subparagraph 3(a)(i) above shall remain in effect
during the life of the Plan; the covenants in Subparagraphs 3(a)(ii) through 3(a)(v) shall remain
in effect in perpetuity, and shall be interpreted and applied in accordance with state and federal law
as amended from time to time.
(b) The Owner Participant shall not be entitled to, and the Development
Department of the City of Fresno shall not issue or approve, any building permit for new
construction or rehabilitation work on the Property until the Agency has issued and delivered to the
Development Department a document certifying that the new construction or rehabilitation work
will be in full and complete compliance with the uses permitted by, and all applicable standards,
covenants, restrictions, conditions, controls and regulations specified in, the Plan and the Rules as
then in effect.
4. So long as the Owner -Participant and any of its lessees of the Property or any
part thereof fully conforms to Paragraphs 2 and 3 above:
(a) The Owner -Participant will be permitted to remain as a conforming owner
and the Agency will not acquire the Owner -Participant's Property through the exercise of eminent domain
without the Owner -Participant's consent.
(b) The Owner -Participant has applied for and will participate in the
Commercial Rehabilitation Loan Program (the "Program") that is established by the Agency for the
Project Area. The Program is a match of 50% of eligible project costs. Funds for the Program are available
Oil a first come first serve basis, generally offered to property and business owners within the redevelopment
project areas of the City of Fresno. The planned improvements as described on Exhibit `B" attached hereto
and incorporated by reference herein are eligible project improvements under the Program. Therefore,
under the Program, the Owner Participant shall receive a loan not to exceed $11,000 at a rate of zero (0%)
percent interest, and payable in five (5) years (the "Loan") repayable in accordance with the promissory
note attached hereto as Exhibit "E-1" and secured by the deed of trust attached hereto as Exhibit "F; ' and a
forgivable loan that is forgiven after five (5) years not to exceed $11,000 at a rate of zero (0%) percent (the
"Forgivable Loan"), repayable in accordance with the terms of the promissory note attached hereto as
Exhibit "E-2."
5. All agreements, covenants and conditions provided in this Agreement
shall be covenants running with the land and they shall inure to the benefit of and be enforceable by
the Agency, its successors and assigns, and the owner of any other land in the Project Area which is
subject to the land use requirements and restrictions of the Plan, and the Owner- Participant, its
successors, heirs and assigns. The agreements, covenants and conditions set forth in this Agreement
shall run in favor of the Agency, and its successors and assigns, and the Owner- Participant, its heirs,
successors and assigns for the entire applicable period during which such Agreement shall remain in
force and effect without regard to whether the Agency has at any time been, remains, or is the owner
of any land or interest therein to which these covenants relate. In the event of any breach, the Agency
and the Owner -Participant may exercise all the rights and remedies available at law or in equity to
enforce the curing or remediation of such breach, in addition to any remedies contained in this
Agreement.
6. The Owner Participant shalt not assign, delegate, convey or otherwise
transfer this Agreement or any right, interest, duty or obligation hereunder without the Agency's
prior written consent. Subject to the preceding sentence, this Agreement shall be in full force and
effect and be binding on the parties and their respective heirs, successors and assigns, including
lessees, assignees, transferees and successors -in -interest of the Owner Participant, from the Effective
Date.
7. The Owner Participant shall permit the Agency access to the Property
for any purpose necessary in carrying out the provisions of the Plan or this Agreement. This access
shall include, without limitation, inspection of work on the Improvements or other work and
improvements on the Property by representatives of the Agency, the federal government, any
mortgagee, the City or any other state or local governmental agency havingjurisdiction with
respect to any local, state or federal building, health, safety, zoning or housing laws, standards,
codes or regulations.
8. The following occurrences shall constitute events of default under this
Agreement after written notice of default, ten (10) days will be provided to cure the default:
(a) Failure by the Owner -Participant or any of its lessees, transferees,
assignees or successors -in -interest to comply with or satisfactorily perform any of the terns,
covenants, conditions or requirements of this Agreement, the Plan, the Rules or any amendment
to any of them; or
(b) The fact that any representation or warranty made by or on behalf of
the Owner -Participant in connection with the execution of this Agreement, or any other agreement,
instrument or document referred to herein, or hereafter submitted to the Agency or the City of
Fresno in connection with the construction, redevelopment, rehabilitation, use, maintenance or
ownership of the Property, shall prove at any time to have been incorrect in any material respect
when made.
9. In the event of default or other breach of this Agreement or any of its terms,
covenants or conditions by either party or by any of such party's lessees, transferees, assignees or
successors -in -interest, the non -defaulting party may pursue all rights and remedies for such default
or breach available in law or equity, including without limitation, specific performance of this
Agreement and termination of the Agreement. Failure or delay in giving notice of default shall not
be deemed a condition precedent to or waiver of the default, nor shall it change the time of default.
All remedies shall be cumulative. Pursuit of any one remedy by the non -defaulting party shall not
be deemed an election of remedies or a waiver of any other remedy, and shall not preclude said
party from exercising any other remedy at the same time or different times for the same default or
any other default.
10. It is understood and agreed that no official or employee of either party
will be personally liable in damages to the other party for breach of any obligations under the
terms of this Agreement.
11. The development, redevelopment, use, operation and maintenance of the
Property, pursuant to this Agreement are a private undertaking by the Owner -Participant and not a
partnership, joint venture, or similar relationship between the Owner -Participant and the Agency. The
Owner -Participant shall have full power over and exclusive control of the Property, and of all
employees, contractors, or other persons employed in connection with such development,
redevelopment, use, operation or maintenance of the Property, subject only to the limitations,
obligations, standards, covenants, restrictions, controls and conditions set forth in this Agreement, the
Plan and the Rules, as any of them may be amended from time to time.
12. This Agreement shall be in full force and effect and shall inure to the
benefit of and be binding upon the parties hereto, their respective heirs, successors or assigns,
including lessees, assignees, transferees and successors -in -interest of the Owner -Participant, from
the Effective Date.
13. Lavery conveyance of title to the Property or any portion thereof or interest
therein subsequent to the Effective Date, including leases and assignments, shall, in addition to any
other covenants, contain a covenant that the Owner -Participant, its heirs, successors and assigns, of
the Property or any part thereof and any lessee of the Property or any part thereof, will and shall
ensure that the development, redevelopment, operation and maintenance of the Property,
conforms to this Agreement, the Plan and the Rules, as amended, and shall devote such Property to
the uses specified in this Agreement, the Plan and the Rules, as amended.
14. The provisions of this Agreement do not limit the right of obliges to
foreclose or otherwise enforce any mortgage, deed of trust or other encumbrance upon the
Property, or the right of obliges to pursue any remedies for the enforcement of any pledge or lien
upon the Property, provided, however, that in the event of a foreclosure sale under any mortgage,
deed of trust, or other lien or encumbrance, or a sale pursuant to any power of sale contained in
any such mortgage or deed of trust, the purchasers, or purchasers and their successors and
assigns, and the Property, shall be, and shall continue to be, subject to all the conditions,
restrictions and covenants in this Agreement, the Plan and the Rules, as amended.
15. In the event that the Agency shall abandon the Plan, as amended, the Agency
16. shall record a suitable instrument terminating all obligations of the Owner -
Participant and its heirs, executors, administrators, successors and assigns and all persons claiming
under or through said Owner -Participant hereunder. The Owner-Particpant shall indemnity,
defend and hold the Agency, the City and each of their respective officers, officials, employees,
agents, boards and volunteers harmless from any judicial action filed against the Agency or the City
by any third party arising out of the Agency's or the City's approval of this Agreement or any permit,
entitlement or other action required to implement this Agreement, including without limitation
approvals under the Redevelopment Law, CEQA or the City's Municipal Code. The City will
promptly notify the Owner -Participant of the action. Within fifteen (15) days after receipt of the
notice, the Owner -Participant shall take all steps necessary and appropriate to assume defense of the
action. The City will cooperate with the Owner -Participant in the defense of the action (at no cost to
the Agency or the City). Neither the Owner -Participant nor the City will compromise the defense of
such action or permit a default judgment to be taken against Agency or the City without the prior
written approval of the other party(ies).
17. All communications and notices provided for hereunder shall be in writing
and mailed or delivered as follows:
To City or Agency:
Marlene Murphey
Executive Director
REDEVELOPMENT AGENCY OF THE
CITY OF FRESNO
2344 Tulare Street, Suite 200
Fresno, California 93721
To Owner — Participant:
Harry R. Boyajian
Daniel C. Boyajian dba:
Sam's Party Rental
1950 Broadway
Fresno CA 93721
Or to such other address as the parties shall designate in written notices to the other. Notice by
personal delivery shall be effective upon delivery. Notice by mail shall be effective upon receipt or
three (3) calendar days after the postmark date, whichever is earlier.
18. This Agreement may be amended only by a written instrument, signed by
duly authorized representatives of the Owner -Participant and the Agency, after approval of such
amendment by the Agency's Board of Directors.
19. In the event either party hereunder commences any proceeding or legal
action or arbitration to enforce or interpret any provisions of this Agreement, the prevailing party
in such proceeding or action or arbitration shall be entitled to recover from tine party its reasonable
attorneys' fees, court costs and legal expenses in the amounts determined by the court or tribunal
having j urisdiction.
20. The provisions of this Agreement shall be interpreted and enforced, and
the rights and duties (both procedural and substantive) of the parties hereunder shall be
determined, according to California law. Venue for purposes of the filing of any action regarding
the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be
Fresno County, California.
IN WITNESS WHEREOF, the Agency and the Owner -Participant each acknowledge and
represent that this Agreement has been executed by such party or its duly authorized representative as of the
Effective Date.
"AGENCY"
REDEVELOPMENT AGENCY OF THE
CITY OF FRESNO
By:
Marlene Murphey, Exccutiv it for
Date: �(
REBECCA KLISCH, Ex. Officio Clerk,
Redevelopment Agency
By: -
A"O&*640�
noplitXQ I� uc&— 6C6 rch
Date. 3_711
APPROVED AS TO FORM:
James Sanchez, Ex Officio Attorney
Red ve o ent Agency
By:
eputy jweS .S nckkz
Date: 13
"OWNER -PARTICIPANT"
Harry R. Boyajian
Daniel C. Boyajian DBA:
Sam's Party Rental's
By: "
Date:
By:
Date: 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On/1,, -f A before me, 41z"d er J�
Dae Here Insert Name and Title of the ?!Year
personally appeared _ IV`1 YGl'NY 13
�c-r
N me(s) of Signer(s) /
r7liLYNETTE LICKERS-CARLSON
Commission # 1788643
z .'� Notary Public - California
Fresno County
Coma. Yes Jan 12, 2012
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) iWare subscribed to the
within instrument and acknowledged to me that
4e/she/they executed the same in-its/bef/their authorized
capacity(itas), and that by his/for/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.
WITNESSmy h d and official eal.
Signap
Place Notary Seal Above ignature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): —
❑ Partner --- Ll Limited 0 General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer --- Title(s):
_ ❑ Partner — D Limited ❑ General I _
' ❑ Attorney in Fact -
Top of thumb here ❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 - www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1.800-876-6827
�0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of d �-�✓,' 0.
On /19 R 020 /l before me, 476-1, Z4cj_ (2_,,rfLn�2 A2atc r V
Date Here Insert Name and Title of theme
personally appeared
/'rC tele - 17
Name(s) of Si9der(s)
LYNETTE LICKERS-CARLSON
Commission # 1788643
Notary Public - California
Fresno County
Comm. P IZ;g,12. 2012
who proved to me on the basis of satisfactory evidence to
be the person(&) whose name(s) is/ark subscribed to the
within instrument and acknowledged to me that
f-*/she/Jbey executed the same in hig/her/their authorized
capacity(ies), and that by h&her/their-signature(K on the
instrument the person(&), or the entity upon behalf of
which the person(a) 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 d andofficials al.
Place Notary Seal Above Sign Xgnalure of Notary ublic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer--Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact +
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
RIGHTTHUMBPRINT
OF SIGNER
02007 National Notary Association• 9350 Do Solo Ave., P.O. Box 2402 -Chatsworth, GA 91313-2402-innvw.NationalNotaryorg Item #5907 Reorder:Call T011 -Free 1-80D-676-6827
Exhibit "A"
Lots 11 and 12 in Block 12 of CENTRAL ADDITION TO FRESNO, according to the map thereof recorded
September 19, 1887, in Book 1, Page 30 of Plats, records of said County:
EXCEPTING THEREFROM the South 8 feet of said Lots heretofore conveyed to the City of Fresno for alley
purposes;
ALSO EXCEPTING THEREFROM that portion thereof conveyed to the City of Fresno, described as follows:
Beginning at the Northwest corner of said Lot 12; thence South along the West line of said Lot 12 a
distance of 14.40 feet; thence Northeasterly in a direct line to a point on the East line of said Lot 11
distant thereon 12.20 feet South of the Northeast corner of said Lot 11; thence North along the East line
of said Lot 11 to the Northeast corner of said Lot 11; thence west along the North line of said Lot 12 to
the point of beginning.
PARCEL 2:
Lots 13 and 14 in Block 12 of CENTRAL ADDITION TO FRESNO, according to the map thereof recorded
September 19, 1887, in Book 1 Page 30 of Plats, records of said County;
EXCEPTING THEREFROM that portion thereof described as follows:
Beginning at the Northwest corner of said Lot 14; thence South along the West line of said Lot 14, a
distance of 16.60 feet; thence Northeasterly in a direct line to a point on the East Line of said Lot 13
distant thereon 14.40 feet South of the Northeast corner of said Lot 13; thence North along the East line
of said Lot 13 to the Northeast corner of said Lot 13; thence West along the North line of said Block 12
to the point of beginning, granted to the City of Fresno by deed dated March 3, 1934, and recorded in
Book 1329 Page 353 of Official Records;
ALSO EXCEPTING THEREFROM the South 8 feet of said Lots heretofore conveyed to the City of Fresno for
alley purposes.
PARCEL 3:
Those portions of Lots 15, 16 and 17 in Block 12 of CENTRAL ADDITION TO FRESNO CITY, according to
the map thereof recorded September 19, 1887, in Book 1 Page 30 of Plats, records of said County,
described as follows:
Beginning at a point on the East line of the West half of Lot 16, distant thereon 18.25 feet South of the
North, line of said Lot 16, thence along a line bearing South 90 41' 04" West to its intersection with a line
drawn parallel to and 8 feet North of the South line of said Block 12, thence East along said line drawn
parallel to the South line of said Block 12 to its intersection with the East line of said Lot 15, thence
North along the east line of said Lot 15 to a point thereon distant 16.60 feet south of the Northeast
corner of said Lot 15, thence Southwesterly in a straight line to the point of beginning.
i
9a zyAsn
That portion of Block 371 of the TOWN (now City) of FRESNO, according to the supplemental map of the
Town of Fresno thereof recorded April 11, 1877 in Book 1 Page 5 of Maps, records of said County, and
more particularly described as follows:
Beginning at the most Westerly corner of said Block, thence running Southwesterly along the
Southwesterly line of said Block, 75 feet; thence Northwesterly at a right angle to a line running parallel
with the Southwesterly line of said Block to the intersection of said line with a line running parallel with
and 8 feet South of the East and West center line of Section 4, Township 14 South, Range 20 East,
Mount Diablo Base and Meridian; thence West along said line running parallel with and 8 feet South of
said East and West center line to its intersection with the Northwesterly line of said Block; thence
Southwesterly along said Northwesterly line to the point of beginning;
EXCEPTING THEREFROM the Southwesterly 10 feet as conveyed to the City of Fresno.
PARCELS:
Beginning at a point in the Southwesterly line of Block 371 of the CITY OF FRESNO, according to the
supplemental map of the Town of Fresno thereof recorded April 11, 1877, in Book 1 Page 3 of Plats,
records of said County, 275 feet Northwesterly from the corner of said Block formed by the intersection
of L and Sacramento Streets; running thence Northeasterly at a right angle and parallel with the
Southwesterly line of said Block, 150 feet; thence at a right angle Northwesterly, parallel with the
Southwesterly line of said Block, to a point 311 feet from the Southeasterly line of said Block; thence
Westerly on a line parallel with and 8 feet South of the East and West center line of Section 4, Township
14 South, Range 20 East, Mount Diablo Base and Meridian, to the intersection of said line with a line
running parallel with and 325 feet Northwesterly from the Southeasterly line of said Block 371; thence
running Southwesterly parallel with the Southwesterly line of said Block to the Southwesterly line of said
Block; thence Southeasterly along the Southwesterly line of said Block 50 feet to the point of beginning.
Said property would be Lots 28 and 29 if said Block 371 was subdivided on the map above mentioned as
other Blocks are subdivided;
EXCEPTING THEREFROM the Southwesterly 10 feet as conveyed to the City of Fresno.
PARCEL 4:
That portion of Block 371 of the TOWN (now City) of FRESNO, according to the supplemental map of the
Town of Fresno thereof recorded April 11, 1877 in Book 1 Page 5 of Maps, records of said County, and
more particularly described as follows:
Beginning at the most Westerly corner of said Block, thence running Southwesterly along the
Southwesterly line of said Block, 75 feet; thence Northwesterly at a right angle to a line running parallel
with the Southwesterly line of said Block to the intersection of said line with a line running parallel with
and 8 feet South of the East and West center line of Section 4, Township 14 South, Range 20 East,
Mount Diablo Base and Meridian; thence West along said line running parallel with and 8 feet South of
said East and West center line to its intersection with the Northwesterly line of said Block; thence
Southwesterly along said Northwesterly line to the point of beginning;
EXCEPTING THEREFROM the Southwesterly 10 feet as conveyed to the City of Fresno.
PARCELS:
Beginning at a point in the Southwesterly line of Block 371 of the CITY OF FRESNO, according to the
supplemental map of the Town of Fresno thereof recorded April 11, 1877, in Book 1 Page 3 of Plats,
records of said County, 275 feet Northwesterly from the corner of said Block formed by the intersection
of L and Sacramento Streets; running thence Northeasterly at a right angle and parallel with the
Southwesterly line of said Block, 150 feet; thence at a right angle Northwesterly, parallel with the
Southwesterly line of said Block, to a point 311 feet from the Southeasterly line of said Block; thence
Westerly on a line parallel with and 8 feet South of the East and West center line of Section 4, Township
14 South, Range 20 East, Mount Diablo Base and Meridian, to the intersection of said line with a line
running parallel with and 325 feet Northwesterly from the Southeasterly line of said Block 371; thence
running Southwesterly parallel with the Southwesterly line of said Block to the Southwesterly line of said
Block; thence Southeasterly along the Southwesterly line of said Block 50 feet to the point of beginning.
Said property would be Lots 28 and 29 if said Block 371 was subdivided on the map above mentioned as
other Blocks are subdivided;
EXCEPTING THEREFROM the Southwesterly 10 feet as conveyed to the City of Fresno.
APN:466-182-29
EXHIBIT "B"
SCOPE OF WORK AND ESTIMATED COST OF IMPROVMENTS FOR
16 N. Yosemite/1950 Broadway Fresno CA
IMPROVEMENTS COST
Power wash, paint exterior of 3 buildings, repair exterior $9,000
doors, windows, roof, replace gutters and drains,
Remove cyclone fence replace, and replace with 4,000
decorative wrought iron fence and gates
Resurface and strip parking lot
TOTAL
111
$22,000
EXHIBIT "C"
Performance and Payment Schedule
SCHEDULE OF PERFORMANCE
Improvements shall be completed within 3 months of the start of Improvements.
Improvements to commence by:
Improvements to be completed by:
("Improvements Completion Date")
Estimated
Date
Items Completed
Time for Performance
Submission - Scope of Work. The Owner
shall submit a Scope of Work to the
Redevelopment Agency of the City of
Fresno for review.
Submission - Signed Parking Lease
Within 30 days after receiving
Scope of Work
Agreement between The Owner and
Fulton Plaza, LLC
Owner executes and delivers Agreement
- —
—On—or before
- —
and executed Promissory Note, Deed of
Trust
Agency Board approves Owner
On or before
_
Participation Agreement (OPA) with Owner
for ProLect -___
Agency executes Agreement and records
On or before
Deed of Trust for the Agency Loan
Initial Loan and Forgivable Loan
After the Deed of Trust and
_
Disbursement. The Agency shall make a
Regulatory Agreement are
disbursement of loan proceeds in the
recorded and concurrently with the
amount not to exceed$11,000 plus a
issuance of any permits required
disbursement of Forgivable Loan proceeds
for the Improvements
in the amount not to exceed of $11,000
for a total not to exceed of $22,000.00)
Commencement of Owner's
On a schedule that will coordinate
Improvements. Within 30 days after
with the Owner's Performance
execution of Owner Participation
schedule
Agreement
Completion of Improvements of Owner's
Within the specified months after
commencement thereof by the
Improvements The Owner shall complete
the improvements to be competed on the
Owner, not to exceed 3 months
Project Site within 90 days of execution of
after commencement of
the Owner Participation Agreement.
Improvements
Issuance - Certificate of Completion. The
Promptly after completion of all
Improvements and upon written
request thereof by the Owner.
Agency shall furnish the Owner with a
Certificate of Completion on the Project.
Improvements shall be completed within 3 months of the start of Improvements.
Improvements to commence by:
Improvements to be completed by:
("Improvements Completion Date")
SCHEDULE OF AGENCY LOAN REPAYMENT
Commencing 120 Days after the Project Completion Date set forth in the Certificate of Completion for a
Term of 5 Years: Not to exceed $183.34/Month'
(This reflects a 0% interest on the Loan amount, commencing at the Payment Commencement Date)
EXHIBIT "D"
CERTIFICATE OF COMPLETION
RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
Redevelopment Agency of City of Fresno
2344 Tulare St., Suite 200
Fresno, Ca. 93721
Attention: Executive Director
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
This Certificate of Completion is recorded at the request and for the benefit of the Redevelopment Agency of the City of
Fresno and is exempt from the payment of a recording fee pursuant to Government Code Section 6103.
Redevelopment Agency
m
Marlene Murphey
Its: Executive Director
Certificate of Completion
Recitals:
A. By an Owner/Developer Participation Agreement (the "Agreement') dated 2011 between Harry
R. Boyajian, and Daniel C. Boyajian, ("Owner") and the Redevelopment Agency of the City of Fresno, a public body
corporate and politic ("Agency'), Owner agreed to Improve certain commercial unit(s) on the premises legally described in
Attachment "A" hereto (the "Property") while meeting the requirements of the Community Redevelopment Law set forth at
California Health and Safety Code Sections 33000 at seq., according to the terms and conditions of the Agreement.
B. The Agreement was recorded on 2011 in the Official Records of Fresno County, California
as Instrument No.
C. Under the terms of the Agreement, after Owner completes the Improvements on the Property, Owner may ask
Agency to record a Certificate of Completion.
D. Owner has asked Agency to furnish Owner with a recordable Certificate of Completion.
E. Agency's issuance of this Certificate of Completion is conclusive evidence that Owner has completed the
Improvements on the Property as set forth in the Agreement.
NOW THEREFORE:
Agency certifies that Owner commenced the construction work on the Project on
2011, and completed the Improvement work on the Project on _
201_, and has done so in full compliance with the Agreement.
2. This Certificate of Completion is not evidence of Owner compliance with, or satisfaction of, any obligation
to any mortgage or security interest holder, or any mortgage or security interest insurer, securing money lent to finance
work on the Property or Project, or any part of the Property or Project.
3. This Certificate of Completion is not a notice of completion as referred to in California Civil Code section
3093.
4. Nothing contained herein modifies any provision of the Agreement.
IN WITNESS WHEREOF, the Agency has executed this Certificate of Completion as of this _ day of
,201_
Redevelopment Agency of the City of Fresno
Marlene Murphey,
Executive Director
Owner hereby consents to recording this Certificate of Completion against the Property described herein.
Dated: , 201
A-
A -
Harry
A
Harry R. Boyajian
Daniel C. Boyajian
THE ABOVE PARTIES ARE TO SIGN THIS INSTRUMENT BEFORE A NOTARY PUBLIC.
ATTEST:
EX- OFFICIO CITY CLERK
By:
Deputy
Dated:
APPROVED AS TO FORM:
EX -OFFICIO CITY ATTORNEY
Al
Dated:
CONSENTED TO BY/RECORDATION APPROVED BY FEE HOLDERS:
0
Harry R. Boyajian
Date
Daniel C. Boyajian
Date:
Deputy
EXHIBIT "E-1"
FORM OF PROMISSORY NOTE FOR THE LOAN
PROMISSORY NOTE
DO NOT DESTROY THIS NOTE: When paid, this note must be surrendered to
Borrower for cancellation.
$11,000.00 Fresno, California
March 9, 2011
For value received, the undersigned, Harry R. Boyajian and Daniel C. Boyajian
("Borrower"), promises to pay to the order of the Redevelopment Agency of the City of
Fresno ("Lender" or "Beneficiary"), the sum of ELEVEN THOUSAND AND NO CENTS*
($11,000.00), to the extent that such funds are loaned to Borrower, without interest on
the unpaid principal balance, payable as described herein. This Promissory Note
("Note") is made and entered into in accordance with the terms of the Owner
Participation Agreement dated March 9, 2011, entered into between Borrower and
Lender ("Agreement").
Principal shall be due and payable in one lump sum on the date which is five (5)
years after the date of recordation of the Certificate of Completion ("Maturity Date"),
along with attorney's fees and costs of collection, and without relief from valuation and
appraisement laws.
All capitalized terms used in this Note, unless otherwise defined, will have the
respective meanings specified in the Agreement.
This Note, and any extensions or renewals hereof, is secured by a [Deed of
Trust, Security Agreement with Assignment of Rents] on real estate in Fresno County,
California (the "Property"), dated as of the same date as this Note, and executed in
favor of and delivered to the Lender (`Deed of Trust"). The Deed of Trust provides for
acceleration of the repayment of this Note upon stated events.
Time is of the essence with respect to all terms of this Note. It will be a default
under this Note if Borrower defaults under the Agreement or other documents pursuant
to the Agreement, including but not limited to the Deed of Trust and Regulatory
Agreement and Declaration of Covenants and Restrictions (collectively, the "Project
Loan Documents"), and if Borrower fails to pay when due any sum payable under this
Note. In the event of a default by Borrower, the Borrower shall pay a late charge equal
to 2% of any outstanding payment. All payments collected shall be applied first to
payment of any costs, fees or other charges due under this Note or any other project
loan documents then to the interest and then to principal balance. On the occurrence of
a default or on the occurrence of any other event that under the terms of the Agreement
or Project Loan Documents gives rise to the right to accelerate the balance of the
indebtedness, then, at the option of Lender, this Note or any notes or other instruments
that may be taken in renewal or extension of all or any part of the indebtedness will
immediately become due without any further presentment, demand, protest, or notice of
any kind.
The indebtedness evidenced by this Note may, at the option of the Borrower, be
prepaid in whole or in part, at any time, without penalty. Lender will apply all the
prepayments first to the payment of any costs, fees, late charges, or other charges due
under this Note, the Agreement or Project Loan Documents, and then to the interest
and then to the principal balance.
All payments are payable in lawful money of the United States of America at any
place that Lender or the legal holders of this Note may, from time to time, in writing
designate, and in the absence of that designation, then to Lender at its address of
record provided in the Agreement.
Borrower agrees to pay all costs including, without limitation, attorney fees,
incurred by the holder of this Note in enforcing payment, whether or not suit is filed, and
including, without limitation, all costs, attorney fees, and expenses incurred by the
holder of this Note in connection with any bankruptcy, reorganization, arrangement, or
other similar proceedings involving the undersigned that in any way affects the exercise
by the holder of this Note of its rights and remedies under this Note. All costs incurred
by the holder of this Note in any action undertaken to obtain relief from the stay of
bankruptcy statutes are specifically included in those costs and expenses to be paid by
Borrower. Borrower will pay to Lender all attorney fees and other costs referred to in
this paragraph on demand.
Any notice, demand, or request relating to any matter set forth herein shall be in
writing and shall be given as provided in the Agreement.
No delay or omission of Lender in exercising any right or power arising in
connection with any default will be construed as a waiver or as an acquiescence, nor
will any single or partial exercise preclude any further exercise. Lender may waive any
of the conditions in this Note and no waiver will be deemed to be a waiver of Lender's
rights under this Note, but rather will be deemed to have been made in pursuance of
this Note and not in modification. No waiver of any default will be construed to be a
waiver of or acquiescence in or consent to any preceding or subsequent default.
The Deed of Trust provides as follows:
DUE ON SALE—CONSENT BY BENEFICIARY. Beneficiary may, at its
option, declare immediately due and payable all sums secured by this
Deed of Trust upon the sale or transfer, without the Beneficiary's prior
written consent, of all or any part of the Property, or any interest in the
Property. A "sale or transfer" means the conveyance of the Property or
any right, title or interest therein; whether legal, beneficial or equitable;
whether voluntary or involuntary; whether by outright sale, deed,
installment sale contract, land contract, contract for deed, leasehold
interest with a term greater than three (3) years, lease -option contract, or
by sale, assignment, or transfer of any beneficial interest in or to any land
2
t`
trust holding title to the Property, or by any other method of conveyance of
Property interest. If any Trustor is a corporation, partnership or limited
liability company, transfer also includes any change in ownership of more
than fifty percent (50%) of the voting stock, partnership interests or limited
liability company interests, as the case may be, of Trustor, other than a
transfer to the managing member of Trustor or an affiliate of the managing
member. However, this option shall not be exercised by Beneficiary if
such exercise is prohibited by applicable law.
Lender may transfer this Note and deliver to the transferee all or any part of the
Property then held by it as security under this Note, and the transferee will then become
vested with all the powers and rights given to Lender; and Lender will then be forever
relieved from any liability or responsibility in the matter, but Lender will retain all rights
and powers given by this Note with respect to Property not transferred.
If any one or more of the provisions in this Note is held to be invalid, illegal, or
unenforceable in any respect by a court of competent jurisdiction, the validity, legality,
and enforceability of the remaining provisions will not in any way be affected or
impaired. This Note will be binding on and inure to the benefit of Borrower, Lender, and
their respective successors and assigns.
Borrower agrees that this Note will be deemed to have been made under and will
be governed by the laws of California in all respects, including matters of construction,
validity, and performance, and that none of its terms or provisions may be waived,
altered, modified, or amended except as Lender may consent to in a writing duly signed
by Lender or its authorized agents.
The Loan shall be non-recourse to the Borrower and all constituent members of
the Borrower.
IN WITNESS WHEREOF, Borrower has caused this Note to be executed by
Borrower or Borrower's authorized agent(s).
Borrower:
Harry R. Boyajian
M
3
Daniel C. Boyajian
Date:
EXHIBIT "E-2"
FORM OF PROMISSORY NOTE. FOR THE FORGIVABLE LOAN
AGENCY PROMISSORY NOTE
DO NOT DESTROY THIS NOTE: When paid, this note must be surrendered to
Borrower for Cancellation.
$11,000.00 Fresno, California
March 9, 2011
For value received, the undersigned, Harry R. Boyajian and Daniel C. Boyajian
('Borrower"), promises to pay to the order of the Redevelopment Agency of the City of
Fresno ("Lender" or "Beneficiary"), the sum of *ELEVEN THOUSAND AND NO CENTS*
($11,000.00), to the extent that such funds are loaned to Borrower, without interest on
the unpaid principal balance, payable as described herein. This Promissory Note
("Note") is made and entered into in accordance with the terms of the Owner
Participation Agreement dated March 9, 2011, entered into between Borrower and
Lender ("Agreement').
Principal shall be forgiven on the date which is five (5) years after the "Project
Completion Date" set forth in the "Certificate of Completion" for the "Project', as
described in the Agreement, is recorded in the Official Records of Fresno County,
California (the "Maturity Date").
Any failure to make a payment required hereunder shall constitute a default
under this Note.
All capitalized terms used in this Note, unless otherwise defined, will have the
respective meanings specified in the Agreement. In addition, as used in this Note, the
following terms will have the following meanings:
"Business Day" means any day other than Saturday, Sunday, or public holiday or
the equivalent for banks generally under the laws of California. Whenever any payment
to be made under this Note is stated to be due on a day other than a Business Day, that
payment may be made on the next succeeding Business Day. However, if the
extension would cause the payment to be made in a new calendar month, that payment
will be made on the preceding Business Day.
This Note, and any extensions or renewals hereof, is secured by a Deed of Trust
with Assignment of Rents on real estate in Fresno County, California, that provides for
acceleration upon stated events, dated as of the same date as this Note, and executed
in favor of and delivered to the Lender ("Deed of Trust'), insured by First American Title
Company as no worse than an ALTA or CLTA second position lien.
Time is of the essence with respect to all terms of this Note. It will be a default
under this Note if Borrower defaults under the Agreement, any other Loan Documents
(as defined in the Agreement), or if Borrower fails to pay when due any sum payable
under this Note or under any other obligation secured by a deed of trust or other lien
senior to the deed of trust which secures this Note. Borrower shall promptly inform
Lender of any new or additional financing or funding, and Borrower shall provide Lender
copies of all agreements with any and all Funding Sources for this Project. In the event
of a default by Borrower, the Borrower shall pay a late charge equal to 2% of any
outstanding payment. All payments collected shall be applied first to payment of any
costs, fees or other charges due under this Note or any other Loan Documents then to
the interest and then to principal balance. On the occurrence of a default or on the
occurrence of any other event that under the terms of the Agreement or Loan
Documents gives rise to the right to accelerate the balance of the indebtedness, then, at
the option of Lender, this Note or any notes or other instruments that may be taken in
renewal or extension of all or any part of the indebtedness will immediately become due
and payable without any further presentment, demand, protest, or notice of any kind.
The indebtedness evidenced by this Note may, at the option of the Borrower, be
prepaid in whole or in part, at any time, without penalty. Lender will apply all the
prepayments first to the payment of any costs, fees, late charges, or other charges due
under this Note, the Agreement, or other Loan Documents, and then to the interest and
then to the principal balance.
All payments are payable in lawful money of the United States of America at any
place that Lender or the legal holders of this Note may, from time to time, in writing
designate, and in the absence of that designation, then to Lender at its address of
record provided in the Agreement.
Borrower agrees to pay all costs including, without limitation, attorney fees,
incurred by the holder of this Note in enforcing payment, whether or not suit is filed, and
including, without limitation, all costs, attorney fees, and expenses incurred by the
holder of this Note in connection with any bankruptcy, reorganization, arrangement, or
other similar proceedings involving the undersigned that in any way affects the exercise
by the holder of this Note of its rights and remedies under this Note. All costs incurred
by the holder of this Note in any action undertaken to obtain relief from the stay of
bankruptcy statutes are specifically included in those costs and expenses to be paid by
Borrower. Borrower will pay to Lender all attorney fees and other costs referred to in
this paragraph on demand.
Any notice, demand, or request relating to any matter set forth herein shall be in
writing and shall be given as provided in the Agreement.
No delay or omission of Lender in exercising any right or power arising in
connection with any default will be construed as a waiver or as an acquiescence, nor
will any single or partial exercise preclude any further exercise. Lender may waive any
of the conditions in this Note and no waiver will be deemed to be a waiver of Lender's
rights under this Note, but rather will be deemed to have been made in pursuance of
this Note and not in modification. No waiver of any default will be construed to be a
waiver of or acquiescence in or consent to any preceding or subsequent default.
The Deed of Trust provides as follows:
DUE ON SALE—CONSENT BY BENEFICIARY. Beneficiary may, at its option, declare
immediately due and payable all sums secured by this Deed of Trust upon the sale or
transfer, without the Beneficiary's prior written consent, of all or any part of the Property,
or any interest in the Property. A "sale or transfer" means the conveyance of the
Property or any right, title or interest therein; whether legal, beneficial or equitable;
whether voluntary or involuntary; whether by outright sale, deed, installment sale
contract, land contract, contract for deed, leasehold interest with a term greater than
three (3) years, lease -option contract, or by sale, assignment, or transfer of any
beneficial interest in or to any land trust holding title to the Property, or by any other
method of conveyance of Property interest. If any Trustor is a corporation, partnership
or limited liability company, transfer also includes any cumulative change in ownership
of more than fifty percent (50%) of the voting stock, partnership interests or limited
liability company interests, as the case may be, of Trustor, other than a transfer to the
managing member of Trustor or an affiliate of the managing member. However, this
option shall not be exercised by Beneficiary if such exercise is prohibited by applicable
law.
Lender may transfer this Note and deliver to the transferee all or any part of the
Property then held by it as security under this Note, and the transferee will then become
vested with all the powers and rights given to Lender; and Lender will then be forever
relieved from any liability or responsibility in the matter, but Lender will retain all rights
and powers given by this Note with respect to Property not transferred.
If any one or more of the provisions in this Note is held to be invalid, illegal, or
unenforceable in any respect by a court of competent jurisdiction, the validity, legality,
and enforceability of the remaining provisions will not in any way be affected or
impaired. This Note will be binding on and inure to the benefit of Borrower, Lender, and
their respective successors and assigns.
Borrower agrees that this Note will be deemed to have been made under
and will be governed by the laws of California in all respects, including matters of
construction, validity, and performance, and that none of its terms or provisions may be
waived, altered, modified, or amended except as Lender may consent to in a writing
duly signed by Lender or its authorized agents.
The Loan shall be nonrecourse to the Borrower and all constituent members of
the Borrower.
The parties will execute such other and further documents, and will take any
other steps, necessary, helpful, or appropriate to carry out the provisions of this Note.
[Signatures on following page.]
IN WITNESS WHEREOF, Borrower has executed this Note.
Borrower
Harry R. Boyajian
0
Borrower
Daniel C. Boyajian
0
Date: Date:
EXHIBIT "F"
FORM OF DEED OF TRUST
DEED OF TRUST
RECORDING REQUESTED BY:
When Recorded Mail Document To:
Redevelopment Agency of the City of
Fresno
2344 Tulare St., Suite 200
Fresno, Ca. 93721
Attention: Executive Director
APN: 466-182-29 and 40
RECORDER'S USE
DEED OF TRUST AND ASSIGNMENT OF RENTS
This DEED OF TRUST AND ASSIGNMENT OF RENTS (`Deed of Trust") is
entered into between Harry R. Boyajian and Daniel C. Boyajian, tenants in common,
whose principal office is at 1950 Broadway Street and 16 N. Yosemite, Fresno,
California 93721 (herein called 'Trustors"), in favor of First American TITLE COMPANY,
whose address is 644 Pollasky Avenue, Clovis, CA 93711 (herein called 'Trustee"), for
the benefit of the REDEVELOPMENT AGENCY OF THE CITY OF FRESNO (the
'Beneficiary"), with offices at 2344 Tulare St., Suite 200, Fresno, California 93721.
FOR GOOD AND VALUABLE CONSIDERATION, including the indebtedness
created this date by that promissory note executed by THE TRUSTOR IRREVOCABLY
GRANTS, TRANSFERS AND ASSIGNS TO THE TRUSTEE, in trust, for the benefit of
Beneficiary, with the power of sale, the real property in the City of Fresno, Fresno
County, State of California, more particularly described in Attachment 1 attached
hereto and made part hereof by reference (the "Property").
TOGETHER WITH the rents, and profits thereof, for the purposes of securing a
promissory note in the amount of ($ ), executed by
Trustors in favor of Beneficiary this date, and for any costs that may become due under
the promissory note, bearing the same date as this Deed of Trust, and any and all
modifications, extensions or renewals thereof or substitutions therefor (the "Note"), and
performance and satisfaction of each and all other obligations of the Trustor under the
Note;
(a) Performance of every obligation or Trustor in this Deed of Trust, the Note,
the Owner Participation Agreement between Beneficiary and Trustor related to the
Property (the "Owner Participation Agreement," dated ) contemplating
the improvement of the "Project" (as that term is defined in the Owner Participation
Agreement ); and
(b) Payment of all sums, if any, and interest thereon that may hereafter be
loaned or advanced by the Beneficiary to or for the benefit of the Trustor or to its
successors, transferees and assigns, made to the Trustor while the Trustor is the owner
of record of fee title to the Property, or any portion thereof, or to the successors,
transferees or assigns of the Trustor while they are the owners of record of such fee
title, and evidenced by one or more notes or written instruments which recite that they
are secured by this Deed of Trust.
THIS DEED OF TRUST IS SUBJECT TO the terms and conditions set forth
below:
TO PROTECT THE SECURITY OF THIS DEED OF TRUST, THE TRUSTORS
COVENANTS AND AGREES AS FOLLOWS:
1. The Trustor shall not use or permit the use of any of the collateral for any
purpose other than the use for which it was intended at the time this Deed of trust was
executed, as provided in the Owner Participation Agreement.
2. The person(s) or entity(ties) who have executed this Deed of Trust are
fully authorized, and have obtained any and all written authorizations, approvals or
consents necessary, to bind the Trustor to this Deed of Trust.
3. To keep said property in good condition and repair; to pay when due all
claims for labor performed and materials furnished in connection with the performance
of any work or construction of any structures on the property therefore; to comply with
all laws affecting said property or requiring any alterations or improvements to be made
thereon; not to commit or permit waste thereof; not to commit, suffer, or permit any act
upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune, and
do all other acts which, from the character or use of said property may be reasonably
necessary, the specific enumerations herein not excluding the general.
4. To provide, maintain, and deliver to Beneficiary fire insurance satisfactory
to and with loss payable to Beneficiary. The amount collected under any fire or other
insurance policy may be applied by Beneficiary upon any indebtedness secured hereby
and in such order as Beneficiary may determine, or at option of Beneficiary the entire
amount so collected or any part thereof may be released to Trustors. Such application
or release shall not cure or waive any default or notice of default hereunder or invalidate
any act done pursuant to such notice.
5. To appear in and defend any action or proceeding purporting to affect the
security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs
-2-
and expenses, including cost of evidence of title and attorneys' fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear.
6. To pay before delinquency all taxes and assessments affecting said
property, including assessments on appurtenant water stock when due; all
encumbrances, charges, and liens, with interest, on said property, or any part thereof,
which appear to be prior or superior hereto; all costs, fees, and expenses of this Trust.
7. To pay immediately and without demand all sums expended by
Beneficiary or Trustee pursuant to the provisions hereof, from date of expenditure at the
amount allowed by law in effect at the date hereof.
8. Should Trustors fail to make any payment or to do any act as herein
provided, then Beneficiary or Trustee, but without obligation to do so and without notice
to or demand upon Trustors, and without releasing Trustors from any obligation hereof,
may make or do the same in such manner and to such extent as either may deem
necessary to protect the security hereof or the rights or powers of Beneficiary or
Trustee; pay, purchase, contest, or compromise any encumbrance, charge, or lien
which, in the judgment of either, appears to be prior or superior hereto; and, in
exercising any such powers or in enforcing this Deed of Trust by judicial foreclosure,
pay necessary expenses, employ counsel, and pay his reasonable fees.
B. It is mutually agreed that:
1. Subject to the rights of any senior lien holder, any award of damages in
connection with any condemnation for public use of or injury to said property or any part
thereof is hereby assigned and shall be paid to Beneficiary who may apply or release
such moneys received by him in the same manner and with the same effect as above -
provided for disposition of proceeds of fire or other insurance
2. By accepting payment of any sum secured hereby after its due date,
Beneficiary does not waive his right either to require prompt payment when due of all
other sums so secured or to declare default for failure so to pay.
3. At any time or from time to time, without liability therefor and without
notice, upon written request of Beneficiary and presentation of this Deed of Trust and
said note for endorsement, and without affecting the personal liability of any person for
payment of the Indebtedness secured hereby, Trustee may reconvey all or any part of
said property; consent to the making of any map or plat thereof; join in granting any
easement thereon; or join in any extension agreement or any agreement subordinating
the lien or charge thereof.
4. Upon written request of Beneficiary stating that all sums secured hereby
have been paid, upon surrender of this Deed of trust and said note to Trustee for
cancellation of retention, and upon payments of its fees, Trustee shall reconvey, without
warranty, the property then held hereunder. The recitals in any reconveyance executed
-3-
under this Deed of Trust of any matters of facts shall be conclusive proof of the
truthfulness thereof. The grantee in such reconveyance may be described as "the
person or persons legally entitled thereto."
5. As additional security, subject to the rights of any senior lien holder,
Trustors hereby give to and confer upon Beneficiary the right, power, and authority,
during the continuance of these Trusts, to collect the rents, issues, and profits of said
property, reserving unto Trustors the right, prior to any default by Trustors in payment of
any indebtedness secured hereby or in performance of any agreement hereunder, to
collect and retain such rents, issues, and profits as they become due and payable.
Upon any such default, Beneficiary may, at any time, without notice, either in person, by
agent, or by a receiver to be appointed by a court, and without regard to the adequacy
of any security for the indebtedness hereby secured, enter upon and take possession of
said property, or any part thereof, in his own name sue for or otherwise collect such
rents, issues, and profits, including those past due and unpaid, and apply the same,
less costs and expenses of operation and collection, including reasonable attorneys'
fees, upon any indebtedness secured hereby, and in such order as Beneficiary may
determine. The entering upon and taking possession of said property, the collection of
such rents, issues, and profits, and the application thereof as aforesaid, shall not cure or
waive any default or notice of default hereunder or invalidate any act done pursuant to
such notice.
6. Upon default hereunder or under the Note (following delivery of notice and
expiration of the cure period, if any, provided herein, therein), for the purpose of
protecting its interests hereunder, the Beneficiary, at its option, may declare the whole
of the obligations and sums secured hereby to be immediately due and payable.
7. Upon default by Trustors in payment of any indebtedness secured hereby
or in performance of any agreement hereunder, all sums secured hereby shall
immediately become due and payable at the option of the Beneficiary. In the event of
default, Beneficiary may employ counsel to enforce payment of the obligations secured
hereby and shall execute or cause the Trustee to execute a written notice of such
default and his election to cause to be sold the herein -described property to satisfy the
obligations hereof, and shall cause such notice to be recorded in the office of the
Recorder of each county wherein said real property or some part thereof is situated.
8. Prior to publication of the notice of sale, Beneficiary shall deliver to
Trustee this Deed of Trust and the note or other evidence of indebtedness which is
secured hereby, together with a written request for the Trustee to proceed with a sale of
the property described herein, pursuant to the provisions of law and this Deed of Trust.
9. Notice of sale having been given as then required by law, and not less
than the time then required by law having elapsed after recordation of such notice of
default, trustee, without demand on Trustors, shall sell said property at the time and
place fixed by it in said notice of sale, either as a whole or in separate parcels and in
such order as it may determine at public auction to the highest bidder for cash in lawful
-4-
money of the United States, payable at time of sale. Trustee may postpone sale of all
or any portion of said property by public announcement at such time and place of sale,
and from time -to -time thereafter may postpone such sale by public announcement at
the time and place fixed by the preceding postponement. Trustee shall deliver to the
purchase its deed conveying the property so sold, but without any covenant or warranty,
express or implied. The recitals in such deed of any matters of facts shall be conclusive
proof of the truthfulness thereof. Any person, including Trustors, Trustee, or
beneficiary, may purchase at such sale.
10. After deducting all costs, fees, and expenses of Trustee and this Trust,
including cost of evidence of title and reasonable counsel fees in connection with sale,
Trustee shall apply the proceeds of sale to payment of all sums expended under the
terms of hereof, not then repaid, with accrued interest at seven percent (7%) per
annum; all other sums then secured hereby; and the remainder, if any, to the person or
persons legally entitled thereto.
11. This Deed of Trust applies to, insures to the benefit of, and binds all
parties hereto, their heirs, legatees, devisees, administrators, executors, successors,
and assigns. The term Beneficiary shall mean the holder and owner of the note
secured hereby; or if the note has been pledged, the pledge thereof. In this Deed of
Trust, whenever the context so requires, the masculine gender includes the feminine
and/or neuter, and the singular number includes the plural.
12. The Trustee accepts the trusts hereunder when this Deed of Trust, duly
executed and acknowledged, is made public record as provided by law. Except as
otherwise provided by law, the Trustee is not obligated to notify any party hereto of
pending sale under any other Deed of Trust or of any action or proceeding in which
Trustors, Beneficiary, or Trustee shall be a party unless brought by Trustee.
13. Beneficiary may, from time -to -time or anytime, substiture a Trustee or
Trustees to execute the trust hereby created and, when any such substitution has been
filed for record in the office of the Recorder of the county in which the property herein -
described is situated, it shall be conclusive evidence of the appointment of such Trustee
or Trustees, and such new Trustee or Trustees shall succeed to all of the powers and
duties of the Trustee or Trustees named herein.
14. The Trustor requests that a copy of any notice of default and of any notice
of sale hereunder be mailed to it and 1950 Broadway/16 N. Yosemite Fresno CA, CA
93721
15. This Deed of Trust shall be interpreted and enforced, and the rights and
duties (both procedural and substantive) of the parties hereunder shall be determined,
shall be determined, according to California law.
16. Capitalized terms not otherwise defined herein shall have the meanings
given them in the Owner Participation Agreement or the Note.
-5-
IN WITNESS WHEREOF, Trustors have executed this Deed of Trust as of the date first -
above written.
TRUSTORS
By:
Harry R. Boyajian
By:
Daniel C. Boyajian
-6-
ACKNOWLEDGMENTS
STATE OF CALIFORNIA )
) ss.
COUNTY OF FRESNO )
On 201_ before me,
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.
(SEAL)
WITNESS my hand and official seal.
-7-
ATTACHMENT1
LEGAL DESCRIPTION
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF FRESNO, CITY OF FRESNO, AND IS DESCRIBED AS FOLLOWS:
Lots 11 and 12 in Block 12 of CENTRAL ADDITION TO FRESNO, according to the map thereof
recorded September 19, 1887, in Book 1, Page 30 of Plats, records of said County:
EXCEPTING THEREFROM the South 8 feet of said Lots heretofore conveyed to the City of
Fresno for alley purposes;
ALSO EXCEPTING THEREFROM that portion thereof conveyed to the City of Fresno,
described as follows:
Beginning at the Northwest corner of said Lot 12; thence South along the West line of said Lot
12 a distance of 14.40 feet; thence Northeasterly in a direct line to a point on the East line of
said Lot 11 distant thereon 12.20 feet South of the Northeast corner of said Lot 11; thence North
along the East line of said Lot 11 to the Northeast corner of said Lot 11; thence west along the
North line of said Lot 12 to the point of beginning.
PARCEL2:
Lots 13 and 14 in Block 12 of CENTRAL ADDITION TO FRESNO, according to the map thereof
recorded September 19, 1887, in Book 1 Page 30 of Plats, records of said County;
EXCEPTING THEREFROM that portion thereof described as follows:
Beginning at the Northwest corner of said Lot 14; thence South along the West line of said Lot
14, a distance of 16.60 feet; thence Northeasterly in a direct line to a point on the East Line of
said Lot 13 distant thereon 14.40 feet South of the Northeast corner of said Lot 13; thence North
along the East line of said Lot 13 to the Northeast corner of said Lot 13; thence West along the
North line of said Block 12 to the point of beginning, granted to the City of Fresno by deed dated
March 3, 1934, and recorded in Book 1329 Page 353 of Official Records;
ALSO EXCEPTING THEREFROM the South 8 feet of said Lots heretofore conveyed to the City
of Fresno for alley purposes.
PARCEL 3:
Those portions of Lots 15, 16 and 17 in Block 12 of CENTRAL ADDITION TO FRESNO CITY,
according to the map thereof recorded September 19, 1887, in Book 1 Page 30 of Plats, records
of said County, described as follows:
Beginning at a point on the East line of the West half of Lot 16, distant thereon 18.25 feet South
of the North, line of said Lot 16, thence along a line bearing South 90 41' 04" West to its
intersection with a line drawn parallel to and 8 feet North of the South line of said Block 12,
thence East along said line drawn parallel to the South line of said Block 12 to its intersection
with the East line of said Lot 15, thence North along the east line of said Lot 15 to a point
thereon distant 16.60 feet south of the Northeast corner of said Lot 15, thence Southwesterly in
a straight line to the point of beginning.
PARCEL4:
That portion of Block 371 of the TOWN (now City) of FRESNO, according to the supplemental
map of the Town of Fresno thereof recorded April 11, 1877 in Book 1 Page 5 of Maps, records
of said County, and more particularly described as follows:
Beginning at the most Westerly corner of said Block, thence running Southwesterly along the
Southwesterly line of said Block, 75 feet; thence Northwesterly at a right angle to a line running
parallel with the Southwesterly line of said Block to the intersection of said line with a line
running parallel with and 8 feet South of the East and West center line of Section 4, Township
14 South, Range 20 East, Mount Diablo Base and Meridian; thence West along said line
running parallel with and 8 feet South of said East and West center line to its intersection with
the Northwesterly line of said Block; thence Southwesterly along said Northwesterly line to the
point of beginning;
EXCEPTING THEREFROM the Southwesterly 10 feet as conveyed to the City of Fresno.
PARCEL 5:
Beginning at a point in the Southwesterly line of Block 371 of the CITY OF FRESNO, according
to the supplemental map of the Town of Fresno thereof recorded April 11, 1877, in Book 1
Page 3 of Plats, records of said County, 275 feet Northwesterly from the corner of said Block
formed by the intersection of L and Sacramento Streets; running thence Northeasterly at a right
angle and parallel with the Southwesterly line of said Block, 150 feet; thence at a right angle
Northwesterly, parallel with the Southwesterly line of said Block, to a point 311 feet from the
Southeasterly line of said Block; thence Westerly on a line parallel with and 8 feet South of the
East and West center line of Section 4, Township 14 South, Range 20 East, Mount Diablo Base
and Meridian, to the intersection of said line with a line running parallel with and 325 feet
Northwesterly from the Southeasterly line of said Block 371; thence running Southwesterly
parallel with the Southwesterly line of said Block to the Southwesterly line of said Block; thence
Southeasterly along the Southwesterly line of said Block 50 feet to the point of beginning.
Said property would be Lots 28 and 29 if said Block 371 was subdivided on the map above
mentioned as other Blocks are subdivided;
EXCEPTING THEREFROM the Southwesterly 10 feet as conveyed to the City of Fresno
APN 466-182-29 and 40
EXHIBIT "G'
OWNER PARTICIPATION RULES GOVERNING PARTICIPATION BY
PROPERTY OWNERS AND THE EXTENSION OF REASONABLE
PREFERENCES TO BUSINESS OCCUPANTS IN THE FULTON
REDEVELOPMENT PROJECT AREA
FULTON AREA
COMMUNITY REDEVELOPMENT PLAN AREA
RULES GOVERNING PARTICIPATION BY PROPERTY
OWNERS AND THE EXTENSION OF REASONABLE
PREFERENCES TO BUSINESS OCCUPANTS
RFDFVFL.OPMENT AGENCY OF iHL CITY OF FRESNO
TABLE OF CONTENTS
1. [§1001 PURPOSE POND INTENT
I1. [§2001 DEFINTIIONS
M - [§3001 ELIGIBILITY
IV. [§4001 TYPES OF PARTICIPATION
V. 05001 CONFORMING OWNERS
VI. [0001 OWNER PARTICIPATION AGREEMENTS
VII. [§7001 NOTICE TO OWNERS;
TTIVG TO ENTER INTO AGREEMENT
VIII. [§300) CONTENTS OF OWNER PARTICT:PATIOV
AGREEMENTS
IX [§900] PREFERENCE TO BUSINESS OCCUPANTS
WITHIN THE PROJECT AREA
X. [§10001 AMENDMENTOFRULES
nu:r�r,�o.orvads
n,.^e
RULES GOVERNING PARTTCIPA'I ION BY PROPERTY OWNERS
AND THE EXTENSION OF REASONABLE PREFERENCES
TO BUSINESS OCCUPANTS IN THE
FULTON REDEVELOPMENT PROTECT
[§100) PURPOSE AND LATENT
These rules ate adopted pursuant to the Community Redevelopment Law of
the State of California in order to implement the provisions of the Redevelopment
Plan for the Fulton Redevelopment Project regarding participation by property
owners and the extension of reasonable preferences to business occupants within the
Project (the 'Rules'). These Rules set forth the procedures governing such
participation and preferences.
It is the intention of the Agency to encourage and permit participation in the
redevelopment of the Project Area by property owners and to extend reasonable
preferences to business occupants of real property withrn the boundaries of the
Project Area to the maximum extent consistent with the objectives Of the
Redevelopment Plan.
It is also the intention of the Agency, in its consideration of proposals with
respect to owners ofrcal property in the Project Area, to take appropriate actions, as
demurnmedby the Agency, to achieve the majorpurposesof the Redevelopment Plan
or any amendments there[, which are to promote the elimination of blight, reverse
the, trend of economic stagnation, and ensure the realization of the Project Area's
potential for industrial and commercial growth.
IL [$200] DEFLYITIONS
As used herein, the following de(iuitions apply:
(t) "Agency" rneans the Redevelopment Agency of the City of
Fresno.
(1) "Badness Occupant" meas any persmt, persons, corporation,
association, partnership or other entity engaged in business within the Project Area
on or after the dmeof adoption of the Redevelopment Plan by the City Council of the
City of Fresno.
(y) "Criteria for Owner Participation', means criteria for selection of
owner -participants in u,&velopmcnt areas in the City of Fresno as established by
Rcsoluuon NO. 1132 adopted by the Agency in December of 19S2, and any
I'.roL}eW)PA.eo.
., nx
amendments th,njo.
(4) "Owner" means any person, persons, corporation, association,
Partnership Or other entity holding title of record to real property in the Project Area
on or after the date ofadop¢on of the Redevelopment Plan by the City Council or the
City of Fresno.
(5) "owner Participation Agreement" means an agreement entered into
by an Owner with the Agency in accordance with the provisions of the
Redevelopment Plan and these Rules.
(d) 'Project"means the Fulton Redevelopment Project.
(7) "Project Ares" means the area described in die "Legal Description of
the Project Arca Boundaries" (Attachment No. I of the Redevelopment Plan) and
shown on the "Redevelopment Plan Map" (Attachment No. 2 of the Redevelopment
Plan).
(a) 'Redevelopment Plan" meats the Redevelopment Plan for the
Fulton Redevelopment Project as adopted by the City Council of the City of Fresno.
IIL 83001 ELIGIBILITY
Owners shall be eligible to participate in the redevelopment of properly -
within the Project Area in accordance with the Provisions of the Rcdevelopmcm
Plan, these Rules and the limitations herein described.
Participation opportunities are necessarily subject to and limited by factors
such as the following:
(1) Theelimination and changing of some land uses;
(2) The construction, widening or realignment of some streets or public
rights.of=way;
(3) The abitityofparticipants to finmus acquisition and developntentor
rehabilitation in accordance with the Redevelopment Plan;
(4) , he reduction in the total numberof individual parcels in the Project
Arca; and
(d) The construction or expansion ofpublic facilities; nod
r;usv>'ornacr o
+rner
(6) The effective impiementation of the Redevdcamem Plan's, or
amendment:; thereto, goals and objec:ivos.
The Agency presently contemplates that in carrying out the Redevelopment
Plan, certain portions of the Project Area may be acquired by the Agency for public
irnprovements, facilities and utilities and for other uses and purposes in accordance
with the Redevelopment Plan. Therefore, owner panicipatiou oppornrnities wit( not
be available For such properties.
N, (§5400) TYPES OF PARTICIPATION
Subject to these Rules and lire limitations in Section 300, this Section 400 and
California Health and Safety Code Sections 33339 and 33340, Owners will be given
a roasonable oPportuniry to participate in redevelopment by;
(1) Retaining all or a portion of their properties and developing or
improving such property for use in accordance with the Redevelopment Plan;
(2) Acquiring adjacent or other properties within the Project Area and
developing or improving such property for use in Accordance with the
Redevelopment Plan; or
(3) Selling theirproperties to the Agency and purchasing otherpropertfes
in the Project Area,
Each proposal forparticipation shall be reviewed by the Agency specifically
with respect to the following:
(1) COOR)MIrywiththe land use provisions of the Redevelopment Plan;
(2) Compatibilitywith the standards, covenants, restrictions, condirions
and controls of the Redevelopment Plan;
(3) Compatibility with pareelization of the Project Area into sites
adequate for redevelopment;
(4) The participanFs ability to finance the acquisition and development
or improvement in accordarlec with the Redevelopment Plan; and
(5) Conformity with (he Agency's Ctiteria for Owner Parlicipanon.
If conflicts develop between the desires ofpnrtici( ants (or particular sites or
1'!1'h'iV NOCIIUI.. 3
land uses, the Agency is authorized toes tab Ii5h reasonable priorities and prefereccct
among the Owners. Some of the factors to be considered in e,nabiist ing these
Pcounes and preferences may include:
(1) Aparti6pant's length of occupancy in the area;
(2) Acconiodation of as many participants as possible;
(3) similarity of land use;
(4) The necessity to assemblesites forinlegrated, modem development;
(5) Conformity of a participant's proposal with die intent and objectives
Of the Redevelopment Plan; and
(6) Scrvice to the community of a participant's proposal.
V. (§500J CONFORMNC-O4(,NPRS
The Agency may, in its sole and absolute discretion, determine that certain
real property within the Project Area presently meets the requirements of the
Redevelopment Plan, and the Owners of such property will be permitted to remain
as conforming Owners without an Owner Participation Agreement with the Agency,
provided such Owners continue to operate, lest and maintain thereat property within
the requirements of the Redevelopment Plan.
Under certain specified circumstances, the Agency may determine that
Property previously determined by the Agency to be conforming, may nevertheless,
be acquired by the Agency, through eminent domain if necessary, if acquisition of
such a property will beef benefit to the Project, or is necessary to carry out the goals
or objectives of the Redevelopment Plan as outlined in Section 100 of the
Redevelopment Plan, or for other more necessary public purposes, even if the
confonning Owner has continued to operate, use and maintain the real property
within the requirements of the Redevelopment Plan.
In the event that any of Ibe conforming Owners desire to (I) cortstmet any
additional improvements or substantially alter or modify existing structures on any
ofthe real property described above as confonning, or (2) acquire additional property
within the Project Area, then, in such event, such conforming Owners may be
required by the Agency to enter into an Owner Participation Agreement with dte
Agency.
VI, [§60010WNER PARTICIPATION AGREEMENTS
Public and private Owners wishing to develop or improve their properties
within ;Ile Project Amo may be required, as a condition to Agency approval of such
development or improvement, to ent
pre Agency if the Agency dot or into an Orvner Participation Agreemeut with
emines it is necessary to impose upon such property
any of the standards, restrictions and controls of the Redevelopment Plan. The
Agreement may require the participant to join in the recordation ofsuch documents
as the Asency, may require in order to ensure the property will be developed and used
in accordance with the Redevelopment Pleh and the Owner ParticipationAgrccment.
VII_ [§700] NOTICE TO OWNERS; Thi TO ENTER 11,70 AGREEMENT
If the Agency determines that an Owner of real property within
the project
Area shall be required ro enter into an Owne, Participation Agrcement as provided
in Section 600 of these, the Agency shalt notify the Owner in writing ofits intcnfion
to require an Owner Participation Agreement and shall provide the Owner with a
COPY of the Proposed Owner Participation Agmernent.
An Owner presented with an Owner Participation Agreement by the Agency
must enter into the Agreement within a reasonable period of time as determined by
the Agency. An Owner must submit proof of his/her qualifications, including
financial responsibility, to carry out the terns and provisions of the Ovmer
Participation Agreement.
VIII. [§800] CONTENTS OF OWNER PARTICIPATION AGnBi,,fENTS
An Owner participation Agreement shall obligate the Owner, his heirs, and
successors and assigns, and tenants to devote thepropemy to the uses specified in the
Redevelopment Plan, abide by all provisions and conditions of the Redevelopment
Plan for the period of time that the Redevelopment Plan is in fame and effect, and
eomPly with all the provisions of the Owner Participation Agreement accordinto
their terms, duration and effect, g
An Owner Participation Agreement may provide if] at if tie Owner does not
comply with the terms of the Agreement, the Agency, in addition to other remedies,
may acquire such property or any interest tnemin by any lawfut means, including
eminent domain, for its fair market value a of the date ofthe Owner Participation
Agreement, and the Agency may thercaller dispose of the property or interest so
acquired in accordance with the Redevelopment Plan.
.An Owner Participation Agrcement shall contain such other temps Ud
ramav::U:^.mWa J
arras
conditions :vhch, in the discretion of the Agency, may Ire neceunv to a ffccniatc ;he
Purposes of the Redevelopment Evan,
rX. 1§900j PREFERENCE TO BUSINESS OCCUPANTS Vv ITEILN T??E
PROJECT AREA
Business Occupants who desire to remain within the Project Area shall be
extended a reasonable preference to remain orreenter in business within the Project
Area if they 041renvise meet the requirenencs prescribed in tltesc and the
Redevelopment Plan,
X. 1§1()0()] AMENDivIENT OE RULES
'these may be modified or =ended 1510m time to time by the Agency at any
regular or duly called special meeting.
PnsrSvaurm,r.-� 6
IN
C11Y of
SSW
REPORT TO THE REDEVELOPMENT AGENCY
March 10, 2011
FROM: Marlene Murphey, Executive Director
BY: Lupe Perez, Project Manager
AGENDA ITEM NO f ; 30 P Vy G
BOARD MEETING -
APPROVED BY
EETING:
APPROVED,BY
EXECUTIVE DIRECTOR
SUBJECT: Agency Board approve matters of an Owner Participation Agreement
between the Redevelopment Agency of the City of Fresno, Harry R. Boyajian
and Daniel C. Boyajian for (APN 466-182-29 and 40) in the Fulton
Redevelopment Project Area
1. Adopt a Redevelopment Agency Resolution, Waiving Certain
i7e5e4ted la Fre no edevelopment Agency Owner Participation Criteria; and Approving an Owner
Fare Participation Agreement for Harry R. Boyajian and Daniel C.
Boyajian; and
Authorize the Executive Director of the Agency to Execute the
Owner Participation Agreement.
RECOMMENDATION
It is recommended that the Agency Board approve the following matters:
1. Adopt a Resolution approving Waivers of Requirements of the Criteria, and approving an Owner
Participation Agreement between the Redevelopment Agency of the City of Fresno, Harry R.
Boyajian, and Daniel C. Boyajian for (APN 466-182-29 and 40), substantially in the form
attached, in the Fulton Redevelopment Project Area; and
2. Authorize the Executive Director to execute the Owner Participation Agreement, and to take such
further actions as may be necessary or appropriate to carry out the Agency's obligations under the
Agreement.
EXECUTIVE SUMMARY
Redevelopment Agency staff recommends that the Agency Board approve the attached Owner
Participation Agreement with Mr. Harry R. and Daniel C. Boyajian, owners of Sam's Party Rentals
which will lead to exterior improvements of their commercial building located in the Fulton
Redevelopment Project Area, by authorizing Agency participation in the building improvements at
1950 Broadway, in the amount not to exceed $22,000.00.
The Boyajian's desire to improve their building was spurred by the Iron Bird Lofts which are adjacent.
These improvements are a continuation of the Agency's revitalization efforts in the Fulton
Redevelopment Project Area, and will significantly improve the comer at Broadway and Divisiadero.
The general intent of the improvement requirements is to enhance the visual character of the subject
OPA site by painting, replacing windows, doors, outdoor lights, install a new decorative wrought iron
fence with gates, and resurface the parking lot. These improvements will be performed by the Owner
Report to the Redevelopment Agency Board
March 10, 2011
Boyajian OPA
Page 12
Participant. In addition, through discussions facilitated by the Agency, the Boyajians' have agreed to
provide parking for the residences of the Iron Bird Lofts by way of a lease. (Attached)
The terms and conditions of the OPA are those that Agency staff has reviewed with the Boyajians' in
prior discussions which resulted in a mutually satisfactory outcome, and is in conformance with the
Fulton Redevelopment Plan. The Agreement is conditioned on the Owner Participant receiving
development approvals, variances and or permits by this Agreement, and the City of Fresno.
BACKGROUND
The City of Fresno ("Council") adopted Ordinance No. 98-42 on June 30, 1998, approving and adopting the
redevelopment plan for the Fulton Redevelopment Project (the "Project"), and subsequently amended the
redevelopment plan two (2) times by way of Ordinance 2008-9 adopted on February 26, 2008, and 2010-28
adopted on July 22, 2010, in compliance with the provisions of the CRL ("Fulton Project" or "Plan").
This Plan provides for the selection of owner participants as one method to assist in the implementation of the
Redevelopment Plan. The Redevelopment Agency may grant Owner -Participant status provided the
Participant's proposed project uses, maintains, develops and/or rehabilitates the property in conformance with
the Redevelopment Plan, and the Participant is capable of carrying -out the proposed improvements. Other
factors considered in establishing Participation Agreements include the participant's length of occupancy of over
30 years, compatibility of land uses, and conformity of the participant's proposal with the objectives of the Plan.
An Owner Participation Agreement (OPA) has been negotiated and prepared for Harry R. Boyajian, and Daniel
C. Boyajian (Owner Participants) for the property at 1950 Broadway, and is within the Fulton Redevelopment
Project Area. The Boyajians' will be completing fagade improvements on the Sam's Party Rental building with
the assistance from the Redevelopment Agency's Commercial Rehabilitation Loan Program. Included in Exhibit
B to the OPA are a List of Improvement Requirements that describes the improvements and a Performance
Schedule.
The OPA with the Owner Participant is similar in form to other Agency approved OPA's (i.e. Lanfranc, Fresh &
Easy, Iron Bird Lofts, Fultonia, and Mayflower) with some differences in the language of the documents as it
would relate to each specific case. Staffs inspection of the site revealed that on the whole, the property was
fairly well maintained. Extensive renovation was not considered necessary for the property in order for the
Owner Participant to conform to the Redevelopment Plan. Those deficiencies that were noted can be eliminated
or reduced primarily through the application of fix -up remedies previously listed that will be performed by the
Owner Participants,
RELATIONSHIP TO ENVIRONMENTAL IMPACT REPORT
On July 22, 2010, the Council and Agency adopted a joint resolution (Council Resolution No. 2010-158 and
Agency Resolution No. 1758) certifying Final Subsequent Environmental Impact Report prepared for Merger No.
1 Redevelopment Plan Amendments which contained an amendment to the Fulton Redevelopment Plan which
included the environmental assessment of the proposed rehabilitation of existing properties and new
development on vacant or underutilized properties, including the concept of Owner Participation Agreements.
The proposed OPA, including its respective "List of Improvement Requirements", are consistent with the
Redevelopment Plan. The expansion, renovation, or construction of new buildings on any OPA site would
involve submission and review of building plans, site plans, conditional use permits, etc., which would be subject
to an environmental review at that time.
PROPOSED WAIVER OF REQUIREMENTS TO OWNER PARTICIPATION CRITERIA
On December 21, 1982, the Redevelopment Agency adopted through Resolution No. 1182, the "Criteria
for the Selection of Owner -Participants in the Redevelopment Areas of the City of Fresno" (the
"Criteria"), and subsequent amendments to the Criteria have been adopted by Agency Resolutions
1363, and 1460 on December 22,1992. The purpose of the Criteria was to provide guidelines for the
consideration of owner participation requests in any of the City's adopted redevelopment areas, if they
Report to the Redevelopment Agency Board
March 10, 2011
Boyajian OPA
Page 13
agreed to provide for a level of development that is harmonious and compatible with the purposes of the
Redevelopment Plan. In attempting to apply the Criteria in regard to its applicability in implementation of
the Fulton Redevelopment Plan, it became obvious that the strict application of the Criteria would prove
an undue hardship to the Boyajians. Creating this hardship would be directly contradictory to the
commitment of the Agency to work with owners and businesses to maximize their participation and to
maximize the benefit they can receive from revitalizing downtown.
Therefore, the Resolution in Attachment "B" provides for the waiver of one or more of the requirements
of the Criteria by the Redevelopment Agency. After review of the Boyajians OPA, the characteristics of
the property, the proposed improvements, the relevant circumstances, and in the context of the purposes
of the Fulton Redevelopment Plan, such a waiver of any or all of the requirements of the Criteria would
promote and carry out the redevelopment plan.
ATTACHMENTS: "A" Location Map
"B" Resolution Approving Waivers of the Requirements of the Agency's
Selection Criteria of Owner Participants
"C" Owner Participation Agreement
RESOLUTION NO.
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
FRESNO, CALIFORNIA, APPROVING WAIVERS TO THE CRITERIA FOR THE
SELECTION OF OWNER PARTICIPANTS IN THE REDEVELOPMENT AREAS OF
THE CITY OF FRESNO, AND APPROVAL OF AN OWNER PARTICIPATION
AGREEMENT WITH HARRY R. BOYAJIAN AND DANIEL C. BOYAJIAN, IN THE
FULTON REDEVELOPMENT PROJECT AREA
WHEREAS, the Redevelopment Agency of the City of Fresno (the "Agency") desires to
provide the opportunity of owner participation for Harry R. Boyajian, and Daniel C. Boyajian
(collectively the "Owner Participant') on the subject properties identified in the proposed Owner
Participation Agreement (the "OPA") attached to this resolution as Exhibit One; and
WHEREAS, on December 21, 1982, by Resolution No. 1182, the Agency adopted the
"Criteria for the Selection of Owner Participants in the Redevelopment Areas in the City of
Fresno" (the "Criteria")attached to this resolution as Exhibit Two, and subsequent amendments
to the Criteria have been adopted by Agency Resolutions 1363, and 1460 ; and
WHEREAS, on June 20, 1998, by Ordinance No. 98-42, the City council of the City of
Fresno adopted the redevelopment plan for the Fulton Redevelopment Project, and
subsequently amended the redevelopment plan two (2) times by way of Ordinance 2008-9
adopted on February 26, 2008, and 2010-28 adopted on July 22., 2010, in compliance with the
provisions of the CRL ("Fulton Project' or "Plan"); and
WHERAS, on July 22, 2010, the Council and Agency adopted a joint resolution (Council
Resolution No. 2010-158 and Agency Resolution No. 1758) certifying Final Subsequent
Environmental Impact Report prepared for Merger No. 1 Redevelopment Plan Amendments
which contained an amendment to the Fulton Redevelopment Plan which included the
environmental assessment of the proposed rehabilitation of existing properties and new
development on vacant or underutilized properties, including the concept of Owner
Participation Agreements. The proposed OPA, including its respective "List of Improvement
Requirements", are consistent with the Redevelopment Plan. The expansion, renovation, or
construction of new buildings on any OPA site would involve submission and review of building
plans, site plans, conditional use permits, etc., which would be subject to an environmental
review at that time. In regard to the proposed waivers to the requirements to the Criteria for
Selection of Owner Participants, the proposed waivers are exempt from the provisions of
CEQA pursuant to Section 15305 (Class V exemption) Minor Alterations in Land Use
Limitations of the CEQA Guidelines; and
WHEREAS, on September 15, 2010 Agency met with Owner Participant to discuss their
interest in becoming an Owner Participant in the Fulton Redevelopment Project Area regarding
Sam's Party Rental at the corner of Broadway and Divisadero Streets; and
WHEREAS, in discussing potential owner participation in the Fulton Redevelopment
Project Area with the Owner Participant, staff has determined that a strict application of the
Criteria could provide undue hardships and may not be applicable in all situations in the Fulton
Redevelopment Project Area, and that flexibility in the application of the Criteria is warranted;
and
WHEREAS, The OPA between the Redevelopment Agency, and the Owner Participant,
emerged from discussions recently held the terms and conditions of the OPA are those that
Agency staff has reviewed with Owner Participant which have resulted in mutually satisfactory
outcome, and are in conformance with the Redevelopment Plan; and
WHEREAS, on March 9, 2011 at a regular meeting, the Housing and Community
Development Commission ("HCDC") will hear the testimony of staff and interested citizens,
consider the proposed waivers to the Criteria, and consider recommending that the
Redevelopment Agency Board approve the proposed waivers and approval of the subject
Owner Participation Agreement as recommended by staff.
NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of
Fresno hereby waives the application of the following requirements of the Criteria, as described
in the following and approves the Owner Participation Agreement for Harry R. Boyajian, and
Daniel C. Boyajian, as an Owner Participant in the Fulton Redevelopment Project Area:
1. Item 1 "A Narrative Description of the Proposed Development/Rehabilitation to be
Undertaken" - The Owner Participation Agreement contains a List of Improvement
Requirements, that enhance the subject properties, as well as language that provide a more
applicable review process for any subsequent site plans and building plans to be reviewed by
the Agency during the life of the Redevelopment Plan. The Owner Participant has a well
established business in the Project Area and submission of information regarding projections of
jobs to be retained or generated is not necessary at this time.
2. Item 2, "Schematic Project Design Work" - Submission of schematic site plans at
this time would be premature, and an unnecessary hardship for the Owner Participant as the
Owner Participation Agreement provides for a more applicable review process for any plans to
be submitted by an owner participant.
3. Item 3, "Development Team Information", and Item 4, "Experience" - The Owner
Participant business is well established in the Project Area, and is contemplating a major
renovation and expansion of the Haron Motors building. It is not necessary at this time to
submit such information about Owner Participant's Development Team and Experience, as the
Owner Participation Agreement provides a more applicable review process for any subsequent
site plans and building plans to be reviewed by the Agency.
4. Item 6, "Financial Statement" - The Owner Participant's established business in the
Project Area has the capability of carrying -out its obligations, in cooperation with the Agency,
under the proposed Owner Participation Agreement. It is not necessary at this time to submit
such information, as the Owner Participation Agreement provides a more applicable review
process for any subsequent site plans and building plans to be reviewed by the Agency.
5. Item 8, "Release from Acquisition Plan - The proposed Owner Participation
Agreement provides appropriate language protecting the Owner Participant, based upon
performance under the proposed Owner Participation Agreement, to be suitably protected from
eminent domain, unless an Owner Participant were to agree to being acquired in such a
manner. The application of the specific language in this Item of the Criteria is not necessary.
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
1, REBECCA E. KLISCH, Ex -Officio Clerk of the Redevelopment Agency of the City of Fresno,
certify that the foregoing resolution was adopted by the Redevelopment Agency of the City of
Fresno, California, at a regular meeting held on the day of 2011.
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM:
JAMES C. SANCHEZ
Ex -Officio Attorney of the
Redevelopment Agency
in
Deputy/Special Counsel
REBECCA E. KLISCH
Ex -Officio Clerk of the
Redevelopment Agency
:
Deputy
Attachments: Exhibit One: Proposed Owner Participation Agreement
Exhibit Two: Criteria for the Selection of Owner Participant's in
Redevelopment Areas in the City of Fresno