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HomeMy WebLinkAboutResolution No. 91-R190 0 RESOLUTION NO. 91-R19 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING MEMORANDUM NO. 2 TO THE OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE AGENCY AND WEST VENTURE DEVELOPMENT COMPANY. WHEREAS, the Owner Participation Agreement (OPA), by and between the Redevelopment Agency of the City of Azusa (Agency) and West Venture Development Company (Developer) first dated as of September 19, 1988, and amended as of November 21, 1988 prohibits automobile repair and service shops as an incompatible use for a modern commercial center; and WHEREAS, the existing Goodyear Tire Facility and USA Gas Station were granted exceptions to this prohibition until the current leases expired; and WHEREAS, the Agency has determined that an integrated, well designed, and appropriately sited Goodyear Tire Facility and USA Gas Station may be compatible with the Center; 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 OPA by and between the Agency and West Venture Development Company 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 6TH DAY OF MAY, 1991. 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 May, 1991 by the following vote of the Directors: AYES: DIRECTORS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE i Secretary 0 0 Recorded at the request of and when recorded return to: Executive Director Redevelopment Agency 213 E. Foothill Blvd. Azusa, CA 91702 of the City of Azusa OPERATING MEMORANDUM NO. 2 TO THE OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND WEST VENTURE DEVELOPMENT COMPANY. In accordance with Section 8.3 and 8.6C of the Owner Participation Agreement ("OPA") by and between the Redevelopment Agency of the City of Azusa ("Agency") and West Venture Development Company ("Developer") first dated as of September 19, 1988 and amended as of November 21, 1988, the Agency and Developer hereby amend the above referenced OPA. WHEREAS, the OPA prohibits automobile repair and service shops as an incompatible use for a modern commercial center; and WHEREAS, the existing Goodyear Tire Facility and USA Gas Station were granted an exception to this prohibition until the current leases for these uses expired; and WHEREAS, the Agency has determined that integrated, well designed, and appropriately sited facilities for the Goodyear Tire outlet and the USA Gas Station may be compatible with the Center. NOW, THEREFORE, the Owner Participation Agreement is hereby modified as follows: SECTION 1. Section 2.F of Exhibit No. 5, Scope of Development, is amended to read as follows: F. Within a reasonable time, but not to exceed four (4) months after expiration of the USA Gas Station and Goodyear Tire 1 Operating Memorandum No. 2 to the Owner Participation Agreement between the Azusa Redevelopment Agency and West Venture Development Company Page 2 Store leases (if they are not vacated or relocated earlier), Developer or its successor in interest shall remove said facilities and may construct additional retail space compatible with the balance of the redeveloped site. Developer shall prepare a site plan which illustrates the proposed layout of the alternative development for Agency approval. All plans for development shall be made part of the basic concept plans. Upon relocation or vacation of the Goodyear Tire and/or USA Gas facilities, Developer shall submit plans for the use of the vacated space within a reasonable period of time after relocation. Plans shall be submitted within four (4) months after relocation or vacation. Development shall commence within a reasonable period of time not to exceed six (6) months after the Agency's approval of said plans. Developer shall pursue all required approvals from the City of Azusa and shall diligently seek building permits after Agency approval of the concept plans. Goodyear Tire and USA Gas shall be permitted to remain on the Site provided plans are submitted which minimize the negative impacts of the auto service uses upon the shopping center. All plans shall be submitted for City approval and 2 • Operating Memorandum No. 2 to the Owner Participation Agreement between the Azusa Redevelopment Agency and West Venture Development Company Page 3 0 are subject to all conditions imposed by the Planning Commission or City Council. SECTION 2. All other terms and conditions of the OPA shall remain unchanged. Approved by the Redevelopment Agency of the City of Azusa on the day of , 1991. CITY OF AZUSA REDEVELOPMENT AGENCY By: Chairman WEST VENTURE DEVELOPMENT COMPANY By: By: By: President RRS/cbf 91, Secretary/ueputy Secretary Secretary