CC RES 2015-086 RESOLUTION NO. 2015-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES AUTHORIZING THE EXECUTION AND DELIVERY OF
AN ASSIGNMENT AND ASSUMPTION AGREEMENT BY AND
BETWEEN THE SUCCESSOR AGENCY TO THE RANCHO PALOS
VERDES REDEVELOPMENT AGENCY AND THE CITY OF RANCHO
PALOS VERDES REGARDING CERTAIN EASEMENTS AND TAKING
CERTAIN ACTIONS IN CONNECTION THEREWITH.
RECITALS:
WHEREAS, as of February 1, 2012, the Rancho Palos Verdes Redevelopment
Agency(the "Former Agency") was dissolved pursuant to California Health & Safety Code
Section 34172;
WHEREAS, in accordance with California Health & Safety Code Section 34173,
the Successor Agency serves as the successor agency to the Former Agency. In
accordance with California Health & Safety Code Section 34175(b), all property and
assets of the Former Agency were transferred to the control of the Successor Agency by
operation of law;
WHEREAS, pursuant to Health & Safety Code Section 34191.5(b), the Successor
Agency prepared a long-range property management plan (the "LRPMP") which
addresses the disposition and use of the real properties of the Former Agency. The
Oversight Board of the Successor Agency (the "Oversight Board"), by its Resolution No.
OB-2013-08, adopted on September 18, 2013, approved the LRPMP. The Department
of Finance (the "DOF") approved the LRPMP pursuant to its letter dated April 25, 2014;
WHEREAS, subsequent to the preparation and approval of the LRPMP, the
Successor Agency has identified interests in real properties previously held by the Former
Agency consisting of a number of agreements, covenants and easements which were
entered into by, or granted in favor of, the Former Agency for various purposes, including
the construction and maintenance of drainage improvements and sewer improvements
(collectively, the "Easements");
WHEREAS, to facilitate the assignment of all of the Successor's Agency's rights,
title, interests and obligations in the Easements, the Successor Agency has prepared and
submitted to the Oversight Board an Amendment to the LRPMP, which addresses the
disposition of the Easements;
WHEREAS, in addition, the Successor Agency has prepared and submitted to the
Oversight Board the Assignment and Assumption Agreement by and between the
Successor Agency and the City, attached hereto as Exhibit A and incorporated herein by
reference (the "Agreement");
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part of
this Resolution.
Section 2. The City Council hereby authorizes and directs the Mayor (or, in the
Mayor's absence, the Mayor Pro Tern)to execute and deliver the Agreement substantially
in the form attached hereto as Exhibit A.
Section 3. The officers and staff of the City are hereby authorized and directed,
jointly and severally, to execute such instruments and do any and all things which they
may deem necessary or advisable to effectuate this resolution and any such actions
previously taken by such officers and staff are hereby ratified.
Section 4. This resolution has been reviewed with respect to the applicability of
the California Environmental Quality Act (Public Resources Code Section 21000 of seq.)
("CEQA"). Pursuant to the State CEQA Guidelines (14 Cal Code Regs 15000 et seq.)
(the "Guidelines"), the City Council has determined that the approval of the Agreement is
not a project pursuant to CEQA and is exempt therefrom because it is an organizational
or administrative activity of government that will not result in direct or indirect physical
changes in the environment (Guidelines Section 15378(b)(5)). Further, it can be seen
with certainty that there is no possibility that approval of the Agreement may have a
significant effect on the environment, and thus the action is exempt from CEQA
(Guidelines Section 15061(b)(3)).
PASSED, APPROVED AND ADOPTED this 1st day of September, 015.
AleAk
rep:r
ATTEST:
c-
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2015-86 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on September 1, 2015.
, /,
City Clerk
Resolution No. 2015-86
Page 2 of 2
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Agreement") is entered
into as of September 1, 2015, by and between THE SUCCESSOR AGENCY TO THE RANCHO
PALOS VERDES REDEVELOPMENT AGENCY, a public body formed under California Health &
Safety Code Section 34173 (the "Successor Agency" or"Assignor"), and THE CITY OF RANCHO
PALOS VERDES, a municipal corporation (the "City" or"Assignee").
RECITALS:
A. WHEREAS, as of February 1, 2012, the Rancho Palos Verdes Redevelopment
Agency (the "Former Agency") was dissolved pursuant to California Health & Safety Code
Section 34172;
B. WHEREAS, in accordance with California Health & Safety Code Section 34173,
the Successor Agency serves as the successor agency to the Former Agency. In accordance
with California Health & Safety Code Section 34175(b), all property and assets of the Former
Agency were transferred to the control of the Successor Agency by operation of law;
C. Assignor, as successor in interest by operation of law to the Former Agency,
wishes to assign all of its rights, title, interests, and obligations in the agreements, covenants and
easements identified in Exhibit A, attached hereto and incorporated herein by reference
(collectively, the "Easements") to Assignee, and Assignee wishes to assume all of the rights, title,
interests, and obligations of Assignor under the Easements, all as set forth below;
D. WHEREAS, the Successor Agency's Governing Board authorized and directed the
Assignor to execute and deliver this Agreement by adoption of its Resolution No. SA 2015-07 on
September 1, 2015;
E. WHEREAS, the City Council of the City authorized and directed the Assignee to
execute and deliver this Agreement by adoption of its Resolution No. 2015-86 on September 1,
2015;
F. WHEREAS, the Oversight Board to the Successor Agency approved and
authorized Assignor's execution and delivery of this Agreement on September 9, 2015 by
adoption of its Resolution No.
G. WHEREAS, the Oversight Board's adoption of Resolution No. was approved
or deemed approved by the Department of Finance on , 2015 (the "Effective Date").
AGREEMENT:
NOW THEREFORE, in consideration of the foregoing and for other good and valuable
consideration, Assignor and Assignee agree as follows:
1. Assignment and Assumption. As of the Effective Date, Assignor hereby assigns to
Assignee all of its rights, title, interests, and obligations in the Easements, and Assignee hereby
accepts and assumes all of the rights, title, interests, and obligations of Assignor under the
Easements.
Resolution No. 2015-86
Exhibit A
Page 1 of 2
2. Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of Assignor and Assignee and their respective successors and assigns.
3. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
4. Covenant of Further Assurances. The parties hereby agree to execute such other
documents and perform such other acts as may be necessary or desirable to carry out the
purposes of this Agreement, including, without limitation, the execution and recordation, if
appropriate, of notices, endorsements and instruments of assignment.
5. Counterparts. This Agreement may be executed in one or more counterparts. All
counterparts so executed shall constitute one contract, binding on all parties, even though all
parties are not signatories to the same counterpart.
IN WITNESS WHEREOF Assignor and Assignee have executed this Assignment and
Assumption Agreement as of the day and year first above written.
ASSIGNOR: SUCCESSOR AGENCY TO THE RANCHO PALOS
VERDES REDEVELOPMENT AGENCY
MAA/
By:
Executive Director
ATTEST:
di
/ _4_21,6--
Secretary
ASSIGNEE: CITY OF RANCHO PALOS VERDES
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By: J''" /
For
goe
ATTEST:
_./C7,442
City Clerk
Resolution No. 2015-86
Exhibit A
Page 2 of 2