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HomeMy WebLinkAbout03. CDC Completion Bob's Big Boy AGENDA MEMO DATE: March 9, 2010 TO: Chairman and Members of the Community Development Commission FROM: Office of the Executive Director By: Brian Saeki, Director of Community Development SUBJECT: CERTIFICATE OF COMPLETION FOR THE RECONSTRUCTION OF 7447 FIRESTONE BOULEVARD; SITE OF BOB’S BIG BOY RESTAURANT RECOMMENDATION That the Commission adopt the attached resolution: A RESOLUTION OF THE DOWNEY COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY APPROVING A CERTIFICATE OF COMPLETION FOR FAÇADE IMPROVEMENTS CONSTRUCTED AND INSTALLED AT 7447 E. FIRESTONE BOULEVARD, DOWNEY, CALIFORNIA DISCUSSION On August 12, 2008, the Community Development Commission approved an Owner Participation Agreement (OPA) with JKBBD, Inc. for the reconstruction of the Johnie’s Broiler restaurant site. JKBBD has completed the reconstruction work and is now requesting a Certificate of Completion. This certificate is necessary under the terms of the OPA. Staff has confirmed that JKBBD, Inc. has complied with the terms and conditions of the OPA and is recommending the issuance of the Certificate of Completion. FISCAL IMPACT None CITY OF DOWNEY, CALIFORNIA RESOLUTION NO. A RESOLUTION OF THE DOWNEY COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY APPROVING A CERTIFICATE OF COMPLETION FOR FAÇADE IMPROVEMENTS CONSTRUCTED AND INSTALLED AT 7447 E. FIRESTONE BLVD., DOWNEY, CALIFORNIA THE DOWNEY COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Facade Improvements required to be constructed and installed on that certain real property specifically described in the legal description(s) attached to the Certificate or Completion as Exhibit "A" (the "Property") pursuant to that certain Owner Participation Agreement (7447 E. Firestone Blvd.) (the "Agreement") dated August 12, 2008, by and between the Commission and JKBBD, Inc., a California corporation (the "Owner"), are complete in accordance with the provisions of the Agreement. SECTION 2. This Certificate of Completion constitutes conclusive evidence of the Commission's determination of the Owner's satisfaction of its obligation under the Agreement to construct and install the Facade Improvements on the Property, including any and all related improvements necessary to support or meet any requirements applicable to the Facade Improvements, whether or not such improvements are located on the Property or on other property subject to the Agreement. Notwithstanding any provision of this Certificate of Completion, the Commission may enforce any covenant of the Owner or its successors surviving issuance or recordation of this Certificate of Completion in accordance with the terms and conditions of the Agreement. The Agreement is an official record of the Commission and a copy of the Agreement may be inspected in the office of the Secretary of the Commission located at 11111 Brookshire Avenue., Downey, California 90241 during the regular business hours of the Commission. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this day of , 2010. _____________________________ , Chairman ATTEST: _______________________________ KATHLEEN L. MIDSTOKKE, Secretary RESOLUTION NO. PAGE 2 I HEREBY CERTIFY that the foregoing Resolution was adopted by the Downey Community Development Commission of the City of Downey at a regular meeting held on the day of , 2010, by the following vote, to wit: AYES: Commission Members: NOES: Commission Members: ABSENT: Commission Members: ABSTAIN: Commission Members: ___________________________________ , Secretary