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HomeMy WebLinkAboutResolution No. 98-R630 RESOLUTION NO. 98—R63 0 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING A FIRST AMENDMENT TO THE CONROCK OWNER PARTICIPATION AGREEMENT AND A FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT AFFECTING REAL PROPERTY RE: THE CONROCK OWNER PARTICIPATION AGREEMENT WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") entered into that certain Owner Participation Agreement dated January 24, 1984 ("OPA") with Conrock Co. and Conrock Property Development Corp.; and WHEREAS, the Agency, Conrock Co. and Conrock Property Development Corp. also entered into that certain Memorandum of Agreement Affecting Real Property related to the OPA and recorded as Instrument No. 84-1426983 on December 4, 1998, with the Los Angeles County Recorder's Office ("Memorandum"); and WHEREAS, Participant is the successor -in -interest to both Conrock Co. and Conrock Property Development Corp. WHEREAS, all initially capitalized terms used herein and not defined herein shall have the meanings as ascribed to them in the OPA or the Memorandum; and WHEREAS, the Agency and Participant now wish to enter into a First Amendment to the OPA in the form attached hereto as Exhibit A ("OPA Amendment") to amend the OPA to clarify certain provisions of the OPA related to the Agency's approval of proposed, future uses of the Site and to provide for the proper notice address of Participant; and WHEREAS, the Agency and Participant now wish to enter into a First Amendment to the Memorandum in the form attached hereto as Exhibit B ("Memorandum Amendment") to amend the Memorandum to provide notice that said OPA Amendment has been executed by the parties hereto; and WHEREAS, it can be seen with certainty that the Agency and Participant entering into the OPA Amendment and the Memorandum Agreement will not cause any significant environmental effects. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above Recitals are hereby incorporated and adopted by this reference. SECTION 2. The Agency finds and determines that the Agency and Participant entering into the OPA Amendment and the Memorandum Agreement is exempt from environmental review pursuant to provisions of the California Environmental Quality Act ("CEQA") under the "common sense" exception, in that it can be seen with certainty that the Agency and Participant entering into the OPA Amendment and the Memorandum Agreement will not have the possibility of creating any significant environmental effects. SECTION 3. The Agency hereby approves the OPA Amendment and the Memorandum Agreement in the forms attached hereto as Exhibit A and Exhibit B, respectively. The Agency's Executive Director is hereby authorized and directed to execute the OPA Amendment and the Memorandum Agreement on behalf of the Agency, and execute such other documents and instruments as may be reasonably necessary to administer and implement the actions described in the OPA Amendment and the Memorandum Agreement. msoskon,mk 1098 0 SECTION 4. The Agency's Executive Director is authorized, with the concurrence of Agency Counsel, to make minor, nonsubstantive technical and clarifying changes to the OPA Amendment and the Memorandum Agreement, without the need for formal Agency governing board approval. SECTION 5. Agency staff is hereby directed to file with the Los Angeles County Clerk's Office, within five (5) days from the execution of this Resolution, a Notice of Exemption pursuant to the Agency's CEQA Guidelines. ASSED, APPROVED AND,ADOPTED this 5th day of October, 1998. I HEREBY CERTIFY that the foregoing Resolution was duly adopted at a meeting of the Redevelopment Agency of the City of Azusa, at a regular meeting thereof, held on the 5th day of October, 1998, by the following vote of the Agency Board of Directors. AYES: NOES: ABSENT: BOARD MEMBERS: HARDISON, STANFORD, BEEBE , ROCHA ,c.skwnmck 1098 -2- Exhibit A First Amendment to OPA [to be attached] resos\conrmk I M -3- 0 0 Exhibit B First Amendment to Memorandum [to be attached] resoskonro k1098 -4-