HomeMy WebLinkAboutResolution No. 00-R380
RESOLUTION NO. 00—R38
A RESOLUTION OF THE GOVERNING BOARD OF THE
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA,
CALIFORNIA, APPROVING A SECOND AMENDMENT TO THE
AMERICAN RETIREMENT VILLAS PROPERTIES HI, L.P.
OWNER PARTICIPATION AGREEMENT
WHEREAS, The Redevelopment Agency of the City of Azusa ("Agency") is engaged
in activities necessary to execute and implement the redevelopment plan ("Redevelopment Plan")
for the Azusa Central Business District Redevelopment Project Area ("Project Area") pursuant to
the provisions of the California Community Redevelopment Law (Health and Safety Code Section
33000 et seq.) ("CRL") and the Redevelopment Plan;
WHEREAS, the 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, the Agency subsequently entered into the "First Amendment to the
Owner Participation Agreement" dated April 19,1999 ("First Amendment") with Azusa Senior
Partners, L.P., a California limited partnership, who was the successor -in -interest to American
Retirement Villas Properties III, L.P.; and
WHEREAS, the First Amendment was recorded as Instrument No. 93-1865-269 on
September 24, 1999, with the Los Angeles County Recorder's Office; and
WHEREAS, Senior Care Partners, L.P., a California limited partnership ("Second
Successor Participant") is the successor -in -interest to Azusa Senior Care Partners, 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, as amended; and
WHEREAS, the Agency and Second Successor Participant now wish to enter into
a Second Amendment to the OPA in the form attached hereto as Exhibit A ("OPA Second
Amendment") to reflect the Second Successor Participant's ownership of the Site, as well as Second
Successor Participant's assumption of the obligations of the First Successor Participant; and
WHEREAS, Environmental Impact Reports ("EIRs") were prepared and certified in
1981 and 1988 for the Project Area and those EIRs considered the development of the Project Area
and the impacts of residential development on the Project Area and imposed environmental
mitigation measures;
WHEREAS, pursuant to California Public Resources Code, section 15180, absent
subsequent additional environmental impacts or a subsequent significant change in environmental
impacts not addressed in the EIRs, no additional environmental reports need be prepared for
individual components of a redevelopment plan to comply with CEQA requirements.
WHEREAS, Agency staff has determined that the EIRs adequately address the
environmental impacts from the development of the Site (as described in the OPA) in compliance
with the California Environmental Quality Act ("CEQA"), State CEQA Guidelines and the City's
Local CEQA Guidelines, therefore, no additional reports need be prepared prior to the adoption of
this Resolution.
NOW, THEREFORE, THE GOVERNING BOARD OF THE REDEVELOPMENT
AGENCY OF THE CITY OF AZUSA, CALIFORNIA, DOES FIND AND DECLARE THAT:
SECTION 1. The Agency Board hereby approves the OPA Second Amendment in
substantially the form attached hereto as Exhibit A. The Agency's Executive Director is hereby
authorized and directed to execute the OPA Second 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 Second
Amendment.
SECTION 2. 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 Determination
pursuant to the Agency's CEQA Guidelines.
SECTION 3. The Agency's Executive Director is authorized, with the concurrence
of Agency Counsel, to make minor, nonsubstantive technical and clarifying changes to the OPA
Second Amendment, without the need for formal Agency governing board approval.
SECTION 4. This Resolution shall
PASSED, APPROVED AND
ATTEST: J010
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Candace Toscano
Assistant Agency Secretary
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C.
upon its adoption.
Of December 2000.
0 •
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 18 dayof December ,2000,
by the following vote, to wit:
AYES: HARDISON, STANFORD, ROCHA, BEEBE, MADRID
NOES: NONE
ABSENT: NONE
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Candace Toscano
Assistant Agency Secretary