HomeMy WebLinkAboutResolution No. 94-R610 0
RESOLUTION NO. 94—R61
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA AND THE BOARD MEMBERS OF THE
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
APPROVING AN AMENDMENT TO DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
AND R.E. BLEWETT COMPANIES, INC. TO ASSIGN
DISPOSITION AND DEVELOPMENT AGREEMENT TO
AZUSA HERITAGE, A CALIFORNIA LIMITED
PARTNERSHIP
THE CITY COUNCIL OF THE CITY OF AZUSA AND THE BOARD MEMBERS
OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DO HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Azusa and the Board Members of the
Redevelopment Agency of the City of Azusa hereby jointly find, determine and declare that:
A. The Redevelopment Agency of the City of Azusa ("Agency") is engaged in activities
necessary to execute and implement the Redevelopment Plan for the Central Business District
Redevelopment Project ("Project"); and
B. In order to implement the Redevelopment Plan, the Agency proposes to amend an
existing Disposition and Development Agreement between the Agency and R.E. Blewett
Companies, Inc., a California corporation, to provide for the assumption of such agreement by
Azusa Heritage, a California limited partnership, with R.E. Blewett Companies, Inc., a
California Corporation, as General Partner, and Tone Yee Investments & Developments, A
California General Partnership, as Limited Partner; and
C. The Agency and Azusa Heritage ("Developer") have negotiated the terms of the
Amendment; and
D. The proposed Amendment contains all the provisions, terms, conditions, and
obligations required by state and local law; and
E. The Developer has agreed to acquire the Property and develop that Property as
described in the Amendment, in accordance with the purposes and objectives of the
Redevelopment Plan; and
F. The Agency has previously prepared, and the City Council has reviewed and
considered, a summary setting forth an explanation of why the sale of the Property will assist
in the elimination of blight, with reference to all supporting facts and materials relied upon in
making this explanation; and
G. The Agency has previously prepared, and the City Council has reviewed and
considered, a summary setting forth the cost of the Amendment to the Agency, the estimated
value of the interests to be conveyed determined at the highest uses permitted under the
Redevelopment Plan and at the use and with the conditions, covenants, and development costs
required by the sale and the purchase price or sum of the lease payments, and made said
summary available for public inspection in accordance with the California Community
Redevelopment Law; and
11. The Agency and City have found the Amendment to be exempt pursuant to Section
15303 of Title 14 of the California Code of Regulations; and
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I. Pursuant to provisions of the California Community Redevelopment Law, the Agency
and the City Council held a duly noticed joint public hearing on the proposed sale of the
Property and on the proposed Agreement; and
J. The redevelopment of the Property pursuant to the proposed Amendment is in the best
interests of the City and in accord with the public purposes and provisions of applicable State
and local laws.
SECTION 2. The City and Agency hereby find and determine that the proposed
Amendment satisfies the categorical exemption found in Section 15303 of Title 14 of the Code
of California Regulations, adopted pursuant to the California Environmental Quality Act.
SECTION 3. The City hereby finds and determines that the sale of the Property will
assist in the elimination of blight.
SECTION 4. The City hereby finds and determines that the consideration for sale of the
Property is not less than the fair reuse value of the land with the use and with the covenants and
conditions and development costs authorized by the sale or lease.
SECTION 5. The sale of the Property by the Agency to the Developer and the
Amendment which establishes the terms and conditions for the sale and development of such
property, are hereby approved in substantially the form presented to the Board and City Council,
together with such minor changes as may be approved by the City Administrator and the City
Attorney.
SECTION 6. The City Administrator is hereby authorized to execute said Agreement
on behalf of the City and to take all action necessary to carry out said Agreement.
SUCTION 7. The City Clerk shall certify to the passage and adoption of this Resolution
and the same shall thereupon take effect and be in force.
PASSED, APPROVED AND ADOPTED this 7th day of November, 1994.
Mayor/Chairman
I I IEREBY CERTIFY that the foregoing Resolution was duly adopted of a joint meeting
of the City Council of the City of Azusa and the Redevelopment Agency of the City of Azusa,
at a regular meeting thereof, held on the 7th day of November, 1994, by the following vote
of the Council:
AYES:
COUNCILMEMBERS/BOARDMEMBERS:
HARDISON,D4ADRID,NARANJO,BEEBE
NOES:
COUNCILMEMBERS/BOARDMEMBERS:
ALEXANDER
ABSENT:
COUNCILMEMBERS/BOARDMEMBERS:
NONE
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RECORDED AT THE )
REQUEST OF AND WHEN )
RECORDED RETURN TO: )
Azusa Redevelopment Agency )
213 East Foothill Boulevard )
Azusa, California 91702 )
Attn: Director of Redevelopment )
[Space above for recorder]
AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT
THIS AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (the
"Amendment") by and between the REDEVELOPMENT AGENCY OF TIME CITY OF AZUSA
("Agency") and Azusa Heritage, a California limited partnership ("Developer") is entered into
as of this day of , 1994, with respect to the following facts:
A. Agency and R.E. Blewett Companies, Inc., a California corporation, entered into
that certain Disposition and Development Agreement (the "DDA") dated as of
, 1994, which is incorporated herein by this reference.
B. The parties, as permitted by Section _ of the DDA, intend that the rights and
obligations of the DDA shall be assigned and assumed by Developer and that the Agency, by
this Agreement, shall approve such assignment and assumption.
NOW THEREFORE, for and in consideration of the foregoing, the Agreement, the
mutual covenants contained herein and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Agency and Developer hereby agree as follows:
1. R.E. Blewett Companies, Inc. a California corporation hereby assigns all rights
and obligations in the DDA to Azusa Heritage, a California limited partnership, and the Agency
hereby approves such assignment in reliance on the representations and warranties made by
Developer below. Developer agrees to assume all obligations and liabilities, to perform all
promises, to satisfy all covenants and to conform to all representations and warranties as set
forth in the DDA and this Agreement.
2. Developer represents that: (1) it is a "Permitted Assignee" as defined in Section
E 11071 of the DDA; (2) the representations contained in Section G [109] of the DDA are true
and correct as to Developer as of the date hereof and shall represent ongoing representations and
warranties of the Developer, as provided in Section G [109]; and (3) no "Event of Default" has
occurred under the DDA and there is no event which, with the passage of time, or the giving
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of notice. shall become an "Event of Default" under the DDA.
3. The terms used herein shall have the same meaning as those provided for in the
DDA unless expressly contradicted in this Agreement.
4. In the event of a conflict between the provisions of this Agreement and those of
the DDA, the provisions of this Agreement shall control. Except for purposes of determining
whether a conflict exists between the DDA and this Agreement, the term "Agreement" as used
herein shall include the provisions of this Amendment. Except as provided herein the
Agreement shall remain in full force and effect.
IN WITNESS THEREOF, the parties hereto have entered into this Amendment as of the
date first written above.
REDEVELOPMENT AGENCY OF THE
CALIFORNIA CITY OF AZUSA
By:
Name:
Title:
R.E. BLEWETT COMPANIES, INC.,
a California Corp.
A
Attest:
Name:
Title:
Name:
Title:
Title:
NTF\7ele.R
ZUSA HERITAGE, A
AITED PARTNERSHIP
Name:
Title:
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STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On this day of 1994 before me,
Notary Public, personally appeared
personally known to me (or proved, on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacities,
and that by his/her/their signature(s) on the instrument, the person(s), or entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal,
Signature
KTF\2878.a
[Seal]
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STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On this day of 1994 before me,
Notary Public, personally appeared
personally known to me (or proved, on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacities,
and that by his/her/their signature(s) on the instrument, the person(s), or entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal,
Signature
KTF\le7e.a
[Seal]
E
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
1�
On this day of 1994 before me,
Notary Public, personally appeared
personally known to me (or proved, on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacities,
and that by his/her/their signature(s) on the instrument, the person(s), or entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal,
Signature
KTP\3B]S.R
[Seal]