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HomeMy WebLinkAboutResolution No. 2376 9 RESOLUTION NO. 237 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZIISA APPROVING A CERTIFICATE OF COMPLIANCE FOR THE PROJECT APPROVED BY THAT CERTAIN OWNER PARTICIPATION AGREEMENT BETWEEN THE AGENCY AND MESSENGER/AZIISA INC. DATED AUGUST 15, 1984 WHEREAS, on August 15, 1984 the Agency and Messenger/Azusa Inc. entered into an Owner Participation Agreement for the redevelopment of certain property located within the Central Business District Redevelopment Project Area (hereinafter "Agreement"); WHEREAS, Messenger/Azusa Inc. has completed Phase I of the project described in said Agreement to the satisfaction of the Agency and is entitled to a Certificate of Compliance for Phase I of the project as set forth in said agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AS FOLLOWS: SECTION 1. The Certificate of Compliance for the redevelopment project between the Agency and Messenger/Azusa Inc. as provided in the agreement between said parties dated August 15, 1984 is hereby approved for Phase I of said redevelopment project and the Chairman of the Agency is hereby authorized to execute said Certificate of Compliance on behalf of the Agency in substantially the form as set forth in Exhibit "A" which is attached hereto and incorporated herein by reference. SECTION 2. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of January, 1986. v Eugen F. Moses Chai an I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of the Redevelopment Agency of the City of Azusa, at a regular meeting thereof, held on the 6th day of January, 1986, by the following vote of the Directors. AYES: DIRECTORS: CRUZ, COOK, CAMARENA, LATTA, MOSES NOES: DIRECTORS: NONE ABSEN DIRECTORS: N E Adolph So Secretary CERTIFICATE OF COMPLIANCE FOR CONSTRUCTION AND DEVELOPMENT WHEREAS, the Redevelopment Agency of the City of Azusa (hereinafter "Agency") and Messenger/Azusa, a California corporation ("Participant") entered into an Owner Participation Agreement dated August 15, 1984 ("Agreement") by which the Participant agreed to construct certain buildings and improvements on the property described therein ("Property") and the Agency agreed to construct certain public improvements off- site; WHEREAS, the Agreement provides that the Agency shall furnish to the Participant a Certificate of Compliance upon satisfactory completion by the Participant of the construction and development required by the Agreement and upon the Participant's full compliance with the terms of the agreement with respect to such construction and development; and WHEREAS, the Agency has conclusively determined that the construction and development of the Property as required by the Agreement has been satisfactorily completed by the Participant in full compliance with the terms of the Agreement relating to the construction and development of the Property. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA HEREBY FINDS AND DETERMINES AS FOLLOWS: 1. As provided in the Agreement, the Agency does hereby certify that the construction and development on the Property as described in the Agreement has been fully and satisfactorily performed and completed in full compliance with the terms of the Agreement; provided however, that the Agency, having granted extensions for the entering into of a separate owner participation agreement for "Phase II Future Development Area" pursuant to Section (2) (b) of the Agreement, hereby reserves its right to enforce the provisions of said Section (2) (b) of the Agreement notwithstanding the satisfactory completion of the construction and development of Phase I of the project. 2. Except as otherwise expressly provided in this Certificate of Compliance, nothing contained in this instrument shall modify in any other way any other provisions of the Agreement. IN WITNESS WHEREOF, the Agency has executed this Ceritificate of Compliance this 6th day of January, 1986. REDEVELOPMENT AGENCY THE CITY OF AZUSA By: L4 amQ ci- Eug ire Fps Charman