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Resolution No. 7404I RESOLUTION NO, 7404 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN EXCHANGE AGREEMENT BY AND AMONG THE CITY OF VERNON, 4 THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON, DYNAMIC BUILDERS, INC., DYNAMIC GROUP, LLC, GERRY 5 AND MONICA SCHWARZBLATT TRUST AND JAIME SIREBRENIK AND IRENE SIREBRENIK TRUST PROVIDING FOR A BOUNDARY 6 LINE ADJUSTMENT BETWEEN THE CITY OF VERNON AND THE CITY OF LOS ANGELES AND AN EXCHANGE OF REAL PROPERTY 7 RELATING THERETO 8 9 WHEREAS, the Redevelopment Agency of the City of Vernon 10 ("Agency") is assembling specific parcels of real property located 11 along Washington Boulevard east of Downey Road for the purposes of 12 providing a large site for industrial development; and 13 WHEREAS, the City of Vernon is desirous of cooperating with 14 the Agency to meet its goal of redeveloping the site; and 15 WHEREAS, Dynamic Builders, Inc., individually and acting on 16 behalf of Dynamic Group, LLC, the Gerry and Monica Schwarzblatt Trust 17 and the Jaime Sirebrenik and Irene Sirebrenik Trust (collectively 18 referred: -to as "Dynamic"), is one of the owners of real property 19 located along Washington Boulevard east of Downey Road; and 20 WHEREAS, Dynamic is developing a parcel of real property 21 located immediately to the west of this site, with portions of said 22 property located in both the City of Los Angeles and the City of 23 Vernon; and 24 WHEREAS, one of the parcels of real property comprising this 25 site which the Agency is acquiring also lies partly in the City of Los 26 Angeles and partly in the City of Vernon; and 27 WHEREAS, the City of Vernon, the Agency and Dynamic desire to 28 enter into an Exchange Agreement to provide for a boundary line I adjustment to enable Dynamic to develop a site that will lie wholly 2 within the City of Los Angeles and to enable the Agency to develop a 3 site that will lie wholly within the City of Vernon. 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 5 CITY OF VERNON AS FOLLOWS: 6 SECTION 1: The City Council of the City of Vernon hereby 7 finds and determines that the recitals contained hereinabove are true 8 and correct. 9 SECTION 2: The City Council of the City of Vernon hereby 10 approves the Exchange Agreement, a copy of which has been presented to 11 the City Council concurrently with this resolution, and the City 12 Council hereby orders said Agreement to be received and filed by the 13 City Clerk. 14 SECTION 3: The City Council of the City of Vernon hereby 15 authorizes the Mayor and the City Clerk to execute said Agreement for, 16 and on behalf of, the City of Vernon. 17 SECTION 4: The City Clerk of the City of Vernon shall 18 certify to the passage of this resolution, and thereupon and 19 thereafter the same shall be in full force and effect. 20 APPROVED AND ADOPTED this 17th day of August, 1999. 21 ,rrf/ a . THOMAS A. YBARPA, Mayor Pro Tem 22 ATTEST: 23 BRUCE V. MALKENHORST, City Clerk 24 25 26 27 28 -2- STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 7404, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, August 17� 1999, and thereafter was duly signed by the Mayor Pro Tem of the City of Vernon. 00, BRUCE V. MALKENHORST, City Clerk (SEAL) -3- SUPPORTING DOCUMENTS 7- r " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Execution Copy I EXCHANGE AGREEMENT THIS EXCHANGE AGREEMENT is made, entered into and executed in triplicate originals, each copy of which may be considered and used as the original hereof for all purposes, as of this /7_ day of August 1999, BY AND BETWEEN THE CITY OF VERNON, a municipal' AND AND AND la AND corporation (hereinafter referred to as "CITY"), 4305 Santa Fe Avenue Vernon, California 90058 THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON, a municipal corporation (hereinafter referred to as "AGENCY" 4305 Santa Fe Avenue Vernon, California 90058 DYNAMIC BUILDERS, INC. , a California corporation (hereinafter referred to as "DEVELOPER") 17780 Fitch, Suite 175 Irvine, California 92614 DYNAMIC GROUP, LLC, a California limited liability company, 17780 Fitch, Suite 175 Irvine, California 92614 GERHARD AND MONICA SCHWARZBLATT TRUST 17780 Fitch, Suite 175 Irvine, California 92614 JAIME SIREBRENIK AND IRENE SIREBRENIK TRUST 17780 Fitch, Suite 175 Irvine, California 92614 RECITALS WHEREAS, Dynamic Builders, Inc. is one of the owners of the real property, identified on the attached Exhibit "A," which is incorporated herein as though fully set forth at length, and is 11 2'' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 acting on behalf of itself as an owner and on behalf, of the other owners who are Dynamic Group, LLC, the Gerhard and Monica Schwarzblatt Trust and the Jaime Sirebrenik and Irene Sirebrenik Trust; and WHEREAS, the Agency of the City is assembling several parcels of real property located along Washington Boulevard west of Downey Road and east of the Developer's property for the purposes of providing a large site (hereinafter "site") for industrial development; and ' WHEREAS, the City is desirous of cooperating with the Agency to meet its goal of redeveloping the "site"; and WHEREAS, Developer is developing a parcel of real property (Exhibit "A") located immediately to the west of the Agency development, with portions of said real property located in the City of Los Angeles and portions of said property located in the City of Vernon; and WHEREAS, one of the parcels of real property comprising the Agency site, which the Agency intends to acquire, also lies partly in the City of Los Angeles and partly in the City of Vernon; and WHEREAS, the parties desire.to'provide for a boundary line adjustment between the City of Los Angeles and the City of Vernon which will permit the development of the Developer's real property so that the development will lie wholly within the City of Los Angeles and the development of the Agency site so that the Agency development will lie wholly within the City of Vernon. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: -2- P i ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Developer will support an application for a boundary line adjustment between the city limits of the City of Los Angeles and the city limits of the City of Vernon to be presented to the Local Agency Formation Commission ("LAFCO") in order to provide for the development of the Developer andlAgency real property so that the developments will not be adversely impacted by the existing boundary line. 2. The City will support an application for a boundary line adjustment between the City of Vernon and the City of Los Angeles to be presented to LAFCO in order to provide for the development of the Developer and Agency real property so that the development will not be adversely impacted by the existing boundary line. 3. The Agency will support an application for a boundary line adjustment between the City of Vernon and the City of Los Angeles to be presented to LAFCO in order to provide for the development of the Developer and Agency real property so that the developments will not be adversely impacted by the existing county line. 4. Developer and the Agency will agree to trade a portion of the Agency site after it is acquired by the Agency to Developer in exchange for a portion of the real property of Developer more particularly as shown in the attached Exhibit "B," which is incorporated herein as though fully set forth at length. 5. Developer shall pay up to Fifteen Thousand Dollars ($15,000) to the Agency for the costs of making the application to LAFCO for said boundary line readjustment, where said costs shall include but not be limited to, the cost''of the preparation of the -3- 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reports and other various documentation that will be needed to submit such application to LAFCO. 6. Vernon agrees to approve the construction of a building on Developer's real property where a portion, of the building will rest on the existing boundary line and intrude into the City of Vernon, provided, however, that the City of Los Angeles, when approving the building plans and building permits, will apply the Uniform Building Codes applicable to construction of such buildings. 7. Developer agrees to use its best effort to obtain the support of the City of Los Angeles and its various representatives and agencies for the approval of the application to LAFCO for a boundary line adjustment between the City of Vernon and City of Los Angeles. 8. If due to circumstances beyond the control of the Developer, the City and the Agency, LAFCO does not approve the appropriate boundary line adjustment as hereby intended by the parties, then portions of the Developer and Agency real property will still be exchanged between the Developer and the Agency in accordance with this Exchange Agreement. 9. The parties hereto recognize that time is of the essence in the completion of the boundary line adjustment and this exchange of real property and, therefore, hereby agree that they will cause to be prepared an application to LAFCO for such boundary line adjustment on or before February 1, 2000. Further, that the Agency will use its best efforts to acquire the real property for the Agency site which will be needed in order to complete the exchange of real property with the Developer as soon -4- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 as economically practical. The parties hereby further agree to complete the exchange of said real property within six (6) months after the date that the Agency acquires the required real property. IN WITNESS WHEREOF, the parties to this Exchange Agreement have executed this Agreement by their duly authorized officers effective as of the day and year first above written. CI Y OF VERNON BY: 4- EONIS C. MALB G, Ma or ATTES BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: DAVID B. BREARLEY, City Attorney THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON BY: �ONIS C. MALB G, Ch.irman ATTEST: BRUCE V. MALKENHORST, Secretary APPROVED AS TO FORM: K�� C�A�- V:�' S":2 ZL-e�-P' DAVID B. BREARLEY, Legal Co sel -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DYNAMIC.BUILDERS, INC., TITLE: DYN G �c (Print Name) TITLE: 1? BY: (Print Name) TITLE: GERHARD AND TRUST • - BY: C (Print Name) As Trustee of the GERHARD AND MONICA SCHWARZBLATT TRUST JAIME SIRE ENIK AND IRENE SIREBRENI TRU BY: 17 a MC S/"-e-,&A1.(=Nt K (Print Name) As Trustee of the JAIME SIREBRENIK AND IRENE SIREBRENIK TRUST Q. EXHIBIT A EXHIBIT A K � I I I ( I ICo L a T J ,� 6 fN•g_ - y e LLI IN I1ULL� L I E Ye N o; yt• 1 C � ' / 1 / 1 I 1 q 1 .0— 001 4 I� ------------- :_LU = 5 I 55 I Q aa e8 ap i 0-.80t , I fit^ b ua �r � o� a CGv � � gt Ik f I I I N b03 vn�c 6 c'C " �••-t0'� .y t 1 1 � s M 2s Z C�s> too cnW© �Qo I 1 j 1 - 1 j E --------------- EXHIBIT A i EXHIBIT B L EXHIBIT B EXHIBIT B / �I o g � / J ,t- e .o- 001 IRS I r+A 4 •~ I I r I I r I I I �