HomeMy WebLinkAboutResolution No. 99-R70 0
RESOLUTION N0. 99-R7
A RESOLUTION OF THE GOVERNING BOARD OF THE
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA,
CALIFORNIA, APPROVING A FIRST AMENDMENT TO THE
AMERICAN RETIREMENT VILLAS PROPERTIES III, L.P.
OWNER PARTICIPATION AGREEMENT
WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") entered into
that certain Owner Participation Agreement dated May 3, 1993 ("OPA") with American Retirement
Villas Properties III, L.P.; and
WHEREAS, the OPA was recorded as Instrument No. 93 1865269 on September 24,
1993, with the Los Angeles County Recorder's Office, and
WHEREAS, Azusa Seniors Partners, L.P., a California limited partnership
("Participant") is the successor -in -interest to American Retirement Villas Properties III, L.P.; and
WHEREAS, all initially capitalized terms used herein and not defined herein shall have
the meanings as ascribed to them in the OPA; 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 clarify certain
provisions of the OPA related to, among other things, transfer and/or assignment of the OPA, the Site
and the buildings or structures on the Site, as well as the Participant's obligations related to
complying with statutory and OPA provisions related to the use of the Agency's Low and Moderate
Income Housing Funds, and
WHEREAS, it can be seen with certainty that the Agency and Participant entering into
the OPA Amendment will not cause any significant environmental effects.
NOW, THEREFORE, THE GOVERNING BOARD OF THE REDEVELOPMENT
AGENCY OF THE CITY OF AZUSA, CALIFORNIA, DOES FIND AND DECLARE THAT:
SECTION 1. The above Recitals are hereby incorporated and adopted by this
reference.
SECTION 2. The Agency Board finds and determines that the Agency and
Participant entering into the OPA Amendment 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 ORA
Amendment does not have the possibility of creating any significant environmental effects.
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SECTION 3. The Agency Board hereby approves the OPA Amendment in
substantially the form attached hereto as Exhibit A. The Agency's Executive Director is hereby
authorized and directed to execute the OPA Amendment and cause its recordation with the Los
Angeles County Recorder, and to execute such other documents and instruments as may be
reasonably necessary to administer and implement the actions described in the OPA Amendment.
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, 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,
SECTION 6. This Resolution shall become effective upon its adoption.
PASSED, APPROVED AND ADOPTEPrtu�st day of February �, 1999.
Crisfiva'C. Madrid
Chairperson
ATTF.CT
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, Adolph Solis, Agency Secretary of the Redevelopment Agency of the City of Azusa, do
hereby certify that the foregoing Resolution is the actual resolution duly and regularly adopted at a
regular meeting of the Agency's Governing Board on the 1st day of February 1999,
by the following vote, to wit:
AYES: BOARDMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID
NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: NONE
APPROVED AS TO FORM:
-A .t (- "&.-
Agency Counsel
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