HomeMy WebLinkAboutResolution No. 96-R611
RESOLUTION NO. 96—R6
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A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
TERMINATING AN OWNER PARTICIPATION AGREEMENT
WITH THE ANDREWS FAMILY TRUST
THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Boatel of Directors of the Redevelopment Agency of the City of Azusa
does hereby find, determines and declares that:
A. The Redevelopment Agency of the City of Azusa (the "Agency") and The Andrews
Family Trust which is administered by Arthur Andrews and Bernadine Andrews, the Trustees
("Andrews") entered into an Owner Participation Agreement (the "Agreement") pertaining to the
Agency's lease of certain real property located at 429 North Azusa Avenue, Azusa, California (the
"Site") on September 18,1996: and
B. The Agreement authorized the Andrews to sublease the Site to Mr. Mario Cesario
(the "Operator") to operate an upscale vintage clothing store; and
C. The Operator has failed to comply with various provisions of the Agreement,
including a failure to (1) obtain formal occupancy approval, (2) obtain official building and fire
inspections, and (3) complete construction of certain improvements on the Site prior to opening
the business as required under the Agreement; and
D. The Operator has failed to use the Site as a "vintage" clothing store as defined in
the Agreement and is impeding the Agency's ability to carry out the goals and objectives of the
Redevelopment Plan; and
E. Section V.D. of the Agreement provides that the Agency may terminate the
Agreement in the event of a default by the Andrews; and
F. The Andrews' failure to comply with the Agreement constitutes an event of default
pursuant to Section V.A. of the Agreement; and
G. On November 27, 1995 Agency gave the Andrews and the Operator each written
notice to cure the defaults within thirty (30) days, as required by Section V.A. of the Agreement
or the Agency would exercise its right to terminate the Agreement and the operation of the store,
copies of such notices are attached hereto as Exhibit "A".
SECTION 2. The Agency hereby terminates the Agreement due to the Andrews' failure
to (1) obtain formal occupancy approval; (2) obtain official building and fire inspections; (3)
complete construction of certain improvements on the Site prior to opening the business; and (4)
use the Site as a "vintage" clothing store as defined in the Agreement.
SECTION 3. Staff is hereby authorized to take any and all further action necessary, if
any, to effectuate the termination of the Agreement.
SECTION 4. The Secretary shall certify the passage and adoption of this Resolution and
the same shall thereupon take effect and be in force.
PASSED, APPROVED AND ADOPTED this 5th day of February, 1996.
Chairman
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I HEREBY CERTIFY that the foregoing Resolution No. 96—R6 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 5th day of February, 1996, by the following vote of the Council.
AYES: BOARDMEMBERS:Hardison, Madrid., Naranjo, Beebe,Alexander
NOES: BOARDMEMBERS:None
ABSENT: BOARDMEMBERS:None
Secret y/Deputy Secretary
APPROVED AS TO FORM:
By: � P )�e�
Agency Counsel
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