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HomeMy WebLinkAboutResolution No. 7250 0 RESOLUTION NO. 725 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING AN AMENDED SCHEDULE OF PERFORMANCE FOR THE OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE AGENCY AND THE DEUTSCH COMPANY IN REGARD TO THE DISPOSITION OF THE FORMER WEST COAST PLYWOOD PROPERTY WHEREAS, on the 21st day of December, 1989, the Agency and the Deutsch Company ("Developer") entered into an Owner Participation Agreement (OPA) for property generally located at the Northwest corner of Virginia Avenue and Fifth Street; and WHEREAS, said OPA required the Developer to make certain improvements to the property no later than June 30, 1990; and WHEREAS, the Developer has made some of the required improvements and appears to be making a good faith effort to complete the requirements but has not yet done so; 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 OPA with the Deutsch Company, amending the Schedule of Performance in the OPA, and authorizes the Chairman to execute said operating memorandum 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. Cha rman / 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 0 0 OPERATING MEMORANDUM NO. 1 TO THE OWNER PARTICIPATION AGREEMENT BETWEEN THE CITY OF AZUSA REDEVELOPMENT AGENCY AND THE DEUTSCH COMPANY In accordance with Section 2.6 of the Owner Participation Agreement (hereinafter "OPA") by and between the City of Azusa Redevelopment Agency (hereinafter "Agency") and the Deutsch Company (hereinafter "Developer"), dated December 21, 1989, the Agency and Developer hereby enter into this Operating Memorandum No. 1 to amend the Construction Schedule and the Schedule of Performance in the above referenced OPA: WHEREAS, said OPA required the Developer to make certain improvements to the property no later than June 30, 1990; and WHEREAS, the Developer has made some of the required improvements and appears to be making a good faith effort to complete the requirements but has not yet done so; NOW, THEREFORE, THE OWNER PARTICIPATION AGREEMENT IS HEREBY MODIFIED AS FOLLOWS: SECTION 1. Exhibit No. 4 to the OPA, also labeled "Schedule of Performance," is hereby amended as indicated by the attached "Exhibit A," attached hereto and by this reference made a part hereof. SECTION 2. All other terms and conditions of the OPA shall remain unchanged. Approved by the City of Azusa Redevelopment Agency on August 6, 1990. CITY OF AZUSA REDEVELOPMENT AGENCY By: Attest E ene F. Moses, Chairman DEUTSCH COMPANY By: Daniel F. Dart General Manager EXHIBIT A Secretary EXHIBIT NO. 4 SCHEDULE OF PERFORMANCE 1. Submission of Basic Concent Drawings. Participant shall prepare and submit to Agency Basic Concept Drawings as specified in Section 2.3. Submission - Precise Plan, Parcel Mao and Related Approvals. Participant shall submit under applicable City codes, to City a completed application for all required precise plan/parcel map and related approvals. 3. Agency Approval of Agreement. Agency shall approve and execute Agreement. Recordation of Conditions Covenants and Restrictions Participant shall execute and record the C C & R's attached as Exhibit 6. Approval - Basic Concept Drawings and Agreement. Agency shall approve, conditionally approve, or disapprove the Basic Concept Drawings and Agreement. 6. Execution of Agreement. Agreement shall be authorized, executed and delivered by Participant to Agency. 7. Final Construction Drawings. Participant shall submit final construction drawings and landscape plans, permit applications and fees; and such other construction documents as may be reasonably required by the Agency or City. EXHIBIT A Completed. Completed. Completed. Completed. Completed. Completed. By August 31, 1990 r a_..'L:a�b::.}.!r' �- ..- titins. uM✓. ei`�. 1J Approval - Final Construction Drawings. The City and Agency shall review and approve, conditionally approve, or disapprove final construction and landscape plans. 9. Issuance of Building Permits. subject to fulfillment of Agreement, and subject to all applicable City Codes, the City shall issue building permits with respect to the project. 10. Demolition and Construction. - Commence. Participant shall begin demolition and construc- tion as required by the City and Agency. 11. Public Improvements. Participant shall fully install or cause to be installed all off-site public improvements required by the City as per Precise Plan of Design P89-208 and Parcel Map 21741 as shown in Exhibit 3. 12. Construction - Completion. Participant shall complete or cause to be completed the buildings, the on-site improvements, and the off-site public improvements as per Precise Plan of Design P89-208 and Parcel Map 21741 as shown in Exhibit 3, and shall apply to the City for a Certificate of Occupancy and to the Agency for a Certificate of Completion. EXHIBIT A 0 Within fifteen (15) days after all plancheck cor- rections are made by Participant. Within ten (10) days after submittal of final corrected plans to City and payment of all fees. By September 30, 1990. Prior to completion of construction. By December 31, 1990. 13. City and Agency. The City and Within thirty (30) days Agency shall review the of receipt of application. appropriate certificates and the Participant's compliance with the Agreement and: reject the application with comments - approve the Certificate of Occupancy (CITY); approve, execute and record the Certificate of Completion (AGENCY). EXHIBIT A