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HomeMy WebLinkAboutResolution No. 7270 0 RESOLUTION NO. 727 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING OPERATING MEMORANDUM NO. 1 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND DEROSA CENTENNIAL ASSOCIATES WHEREAS, on the 6th day of February, 1989, the Agency and DeRosa Centennial Associates ("Developer") entered into a Disposition and Development Agreement ("DDA") for the Centennial Square Project; and WHEREAS, said DDA and the Schedule of Performance to the DDA allow the Developer to terminate the DDA if the Agency does not convey the project site to the Developer by August 31, 1990; and WHEREAS, the Agency has been working in good faith to resolve soils and title problems with the property prior to the August 31, 1990 deadline to convey the property, but said soil and title problems may not be able to be resolved in time to meet the August 31, 1990 deadline to convey the site to the Developer; and WHEREAS, the Developer has agreed to allow the Agency more time, until December 31, 1990, to convey the project site in order to resolve said soil and title problems prior to conveyance of the site; and WHEREAS, the Developer and Agency have agreed to change the Scope of Development in the DDA to allow all retail uses in the site instead of a mixture of retail/office uses. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AS FOLLOWS: SECTION 1. The Board of Directors of the Redevelopment Agency of the City of Azusa hereby approves Operating Memorandum No. 1 to the DDA, dated August 6, 1990, incorporating said changes to the DDA, and authorizes the Chairman to execute said Operating Memorandum No. 1 to the DDA on behalf of the Agency in substantially the same form as attached hereto as "Exhibit A." SECTION 2. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of August, 1990. Chaff man , 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 August, 1990 by the following vote of the Directors: AYES: DIRECTORS: STEMRICH, NARANJO, ALEXANDER, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: DANGLEIS Secretary Operating Memorandum No. 1 To DDA Between Agency and DeRosa Centennial Associates Page 2 as early as possible after written clearance can be obtained from the appropriate regulatory agencies in regard to the two sites of soil contamination in the project site. SECTION 3: 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 6th day of August, 1990. CITY OF AZDSA REDEVELOPMENT AGENCY By: gene F. Moses, Chairman DEROSA CENTENNIAL ASSOCIATES By: James A. DeRosa By: Adolph Solis, Secretry EXHIBIT A PAGE 2 \ \ •• t1 t11 ... — — — — — — — — — — — �n.— 171097? H7i — — — — — — — — — — — . I � atr O Tw �I� I l l iii I Ilog I I I I I I I I U I IF -171I 11�I I 1 1 ! 1 1 I_IT_I-I I i_I I_� I,� I! I--_- -- _...�. O -- -i -- -- .- to i" I le +! � as • 19111 F, _ 1 ]f1M-Y Y511Z v. —M"0T H i n 0 st o M i M a v e _ter. 0 0 OPERATING MEMORANDUM NO. 1 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT 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. 1 to amend the referenced DDA: WHEREAS, Exhibit No. 5 ("Scope of Development") to the DDA requires the Developer to construct approximately 52,000 square feet of commercial space, consisting of 30,000 square feet of single -story retail space and a two-story 22,000 -square -foot office building; and WHEREAS, the Agency and Developer have agreed to eliminate the office use from the site and to expand the retail use, and: WHEREAS, Both parties to the DDA have been working in good faith to fulfill their obligations under the DDA in a timely manner, but soils contamination on the project site may delay the timely conveyance of the site to the Developer. NOW, THEREFORE, THE DISPOSITION AND DEVELOPMENT AGREEMENT IS HEREBY MODIFIED AS FOLLOWS: SECTION 1: Exhibit No. 5 to the DDA is hereby amended so that the Developer shall develop or cause to be developed approximately 43,469 square feet of single -story retail space and to provide a minimum of 174 on-site parking spaces, or a number of on-site parking spaces as may be approved by the City of Azusa Planning Department. SECTION 2: Section 6.7 A-1 of the DDA and Section B.8 of Exhibit No. 3 to the DDA (Schedule of Performance) are hereby amended to allow the Agency until December 31, 1990 to convey title and possession of the project site to the Developer, and to require the Developer to accept said conveyance of the site if conveyed prior to December 31, 1990. It is understood by both parties that the Agency will make every effort to convey the site EXHIBIT A PAGE 1