Loading...
HomeMy WebLinkAboutResolution No. 99-R60 0 RESOLUTION NO. 99-R6 A RESOLUTION OF THE GOVERNING BOARD OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, CALIFORNIA, APPROVING A FIRST AMENDMENT AND PARTIAL TERMINATION AGREEMENT RE A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND THE CITY OF AZUSA WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") and the City of Azusa ("Azusa") entered into that certain Disposition and Development Agreement ("DDA") dated February 22, 1994, and recorded on August 4, 1994, as Document Number 94 1444793 in Los Angeles County Official Records; and WHEREAS, the DDA provided for the Agency to sell to the City two parcels of real property located in the City of Azusa (individually, "Parcel 1" and "Parcel 3," collectively, the "Site") which the City would use for administrative office purposes; and WHEREAS, pursuant to the DDA, the Site was subdivided into three parcels comprised of the former Parcel 1 and Parcel 3 and a new Parcel 2; and WHEREAS, the DDA also provided for the Agency and the City to enter into a Reciprocal Easement Agreement with respect to parking on Parcel 1, Parcel 2, and Parcel 3; and WHEREAS, subsequent to the Agency and the City entering into the DDA, the City and Lake Development Group, Inc. ("Developer") entered into that certain "Rite Aid Drug Store Purchase and Sale Agreement Containing Covenants and Restrictions Affecting Real Property" ("Purchase Agreement') dated June 16, 1998, by which the City agreed to sell to the Developer, and the Developer agreed to purchase from the City, subject to the terms and conditions set forth in the Purchase Agreement, Parcel 2 and Parcel 3; and WHEREAS, the City and the Developer subsequently entered into that certain "First Amendment to Rite Aid Purchase and Sale Agreement Containing Covenants and Restrictions Affecting Real Property" ("First Amendment') dated November 2, 1998, for reference purposes only; and WHEREAS, pursuant to the Purchase Agreement, the City and the Developer will enter into a Declaration of Easements, Covenants and Restrictions with respect to the parking on Parcel 1, Parcel 2 and Parcel 3; and RVPUR15M"6673 0 0 WHEREAS, the Agency and the City now wish to enter into a First Amendment and Partial Termination Agreement Re: Disposition and Development Agreement in the form attached hereto as Exhibit A ("First Amendment and Partial Termination Agreement") to amend the DDA in part with respect to the Reciprocal Easement Agreement described in the DDA and to terminate the DDA in part with respect to Parcel 2 and Parcel 3; and WHEREAS, it can be seen with certainty that the Agency and the City entering into the First Amendment and Partial Termination Agreement 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 City entering into the First Amendment and Partial Termination 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 the City entering into the First Amendment and Partial Termination Agreement does not have the possibility of creating any significant environmental effects. SECTION 3. The Agency Board hereby approves the First Amendment and Partial Termination Agreement in substantially the form attached hereto as Exhibit A. The Agency's Executive Director is hereby authorized and directed to execute the First Amendment and Partial Termination Agreement 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 First Amendment and Partial Termination Agreement. 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 First Amendment and Partial Termination 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 and City's CEQA Guidelines. SECTION 6. This Resolution shall become effective upon its adoption. RVPUMSMY\56673 -2- 0 0 PASSED, APPROVED AND ADOPTED ATTEST: HVVUH\SMY\56673 -3- 0 9 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) 1, 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 lstdayof February ,1999, by the following vote, to wit: AYES: BOARDMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID NOES: BOARDMEM13ERS: NONE ABSENT: BOARDMEMBERS: NONE Agency APPROVED AS TO FORM: Agency Counsel R V ITWSA9"073 -4- Solis