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HomeMy WebLinkAboutResolution No. 759E RESOLUTION NO. 759 0 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING OPERATING MEMORANDUM NO. 2 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE AGENCY AND DEROSA CENTENNIAL ASSOCIATES. WHEREAS, the Disposition and Development Agreement (DDA), dated February 6, 1989, by and between the Redevelopment Agency of the City of Azusa (Agency) and DeRosa Centennial Associates (Developer) required the Developer to cause demolitions, utility relocations and off-site infrastructure improvements to the project site at the Agency's expense, and the Agency was to reimburse the Developer for said costs; and WHEREAS, the procedure for reimbursement to the Developer by the Agency for the above costs was established because the costs were not known at the time the DDA was executed; and WHEREAS, the costs for said work are now known and the site has not yet been sold to the Developer; and WHEREAS, for simplicty the Agency and Developer wish to amend this procedure by reducing the sales price of the site to the developer by an amount equal to the cost for said demolitions, utility relocations and infrastructure improvements, thereby requiring the Developer to bear said costs and forgo reimbursement of said costs from the Agency. NOW, THEREFORE, the Redevelopment Agency of the City of Azusa does hereby resolve as follows: SECTION 1: The Board of Directors of the Redevelopment Agency of the City of Azusa hereby approves Operating Memorandum No. 2 to the DDA by and between the Agency and DeRosa Centennial Associates and authorizes the Agency Chairman to execute said Operating Memorandum No. 2 on behalf of the Agency in substantially the same form as attached hereto as "Exhibit A." SECTION 2: The Agency Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED THIS 3RD DAY OF DECEMBER, 1990 — 4&Ji �J�, Eug4he F. Moses, Chairman 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 3rd day of December, 1990 by the following vote of the Directors: AYES: S=ARICH, NARADITO, ALEXANDER, MOSES DIRECTORS: DAW=IS, NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE ABSTAIN: DIRECTORS: NONE 0 0 OPERATING MEMORANDUM NO. 2 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF AZUSA REDEVELOPMENT AGENCY AND DEROSA CENTENNIAL ASSOCIATES In accordance with Section 7.7 C. of the Disposition and Development Agreement (hereinafter "DDA") by and between the City of Azusa Redevelopment Agency (hereinafter " Agency") and DeRosa Centennial Associates (hereinafter "Developer"), dated February 6, 1989, the Agency and Developer hereby enter into this Operating Memorandum No. 2 to amend the above referenced DDA: WHEREAS, the DDA required the Developer to make off-site infrastructure improvements and to cause on-site utility relocations at the Agency's expense, to be reimbursed by the Agency; and WHEREAS, the DDA set up this procedure due to the fact that at the time the DDA was written, the costs for utility relocations and off-site infrastructure improvements were unknown; and WHEREAS, the costs for the above mentioned improvements are now known and it would be a simpler procedure to just write down the sales price of the project site by an amount equal to the costs of said improvements and have the Developer pay these costs as they are incurred, with no reimbursement from the Agency. NOW, THEREFORE, THE DISPOSITION AND DEVELOPMENT AGREEMENT IS HEREBY MODIFIED AS FOLLOWS: SECTION 1: Section 2.2 C of the DDA is hereby amended to change the purchase price from $1,000,000 to $623,603. SECTION 2: Section 2.7 of the DDA is hereby amended so that the Developer shall bear the sole cost, with no reimbursement from the Agency, for the remaining demolition and compaction work called for in Section 2.7. 0 Operating Memorandum N0.2 to the DDA by and between the Agency and DeRosa Centennial Associates Page 2 of 2 0 SECTION 3: Sections 3.7 C and D of the DDA are hereby amended to eliminate any Agency reimbursement to the Developer for any utility relocation costs or costs for off-site infrastructure improvements. These costs shall be paid solely by the Developer. SECTION 4: Section 4.5 (a) of the DDA is hereby amended so that the words "fiscal 1991-1992" are hereby changed to read "fiscal 1992-1993.11 SECTION 4: All other terms and conditions of the DDA shall remain unchanged unless amended at a later date by both parties. Approved by the City of Azusa Redevelopment Agency on the 3rd day of December, 1990 and accepted by the parties to the DDA on the indicated dates of execution of this document. CITY OF AZUSA REDEVELOPMENT AGENCY By: Date Euge I F. Moses, Chairman Attest:/"/,/,_ /� Date: Ado ph Sol,s, Secretary DEROSA CENTENNIAL ASSOCIATES By: James A. DeRosa Date: