HomeMy WebLinkAboutResolution No. 05-R50
RESOLUTION NO. 05-115
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Exhibit A
A RESOLUTION OF THE GOVERNING BOARD OF THE
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, CALIFORNIA,
APPROVING A SECOND AMENDMENT TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND 621
TALLEY LLC PERTAINING TO PROPERTY LOCATED AT 619/621
NORTH AZUSA AVENUE
WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") and 621
Talley LLC, ("Developer") entered into that certain Disposition and Development Agreement
("DDA") dated November 11, 2003, and recorded on March 26, 2004, as Document Number 04-
0723858 in Los Angeles County Official Records; and
WHEREAS, the Agency is the owner of certain real property ("Property") located
within the Project Area which consists of approximately 7,000 square feet and is improved with
an existing 7,200 square foot, two-story brick building, and is more particularly described within
that certain Disposition and Development Agreement ("DDA") dated November 11, 2003, and
commonly referred to as the Talley Parcel; and
WHEREAS, Agency and Developer entered into that certain DDA wherein the
Agency agreed to sell all of its right, title and interest in the Property identified and more
specifically described in the DDA as the Talley Parcel; and
WHEREAS, the Property is located within the Merged Central Business District
& West End Project Area within the City of Azusa ("City"); and
WHEREAS, pursuant to CRL Section 33433, the Agency and City have held a
duly noticed public hearing concerning the approval of the proposed Agreement and the sale of
the Property; and
WHEREAS, on May 18, 2004, the Agency and Developer entered into
Amendment No. 1 to the Disposition and Development Agreement Amendment No. 1; and
WHEREAS, Section 3.4 and Exhibit "B" of Amendment No. 1 require
Developer to construct and/or rehabilitate certain improvements on the Talley Parcel, including
the construction ora third story on the Talley Building, located on the Talley Parcel; and
WHEREAS, the parties have jointly concluded that construction of a third story
on the Talley Building is not economically feasible, and the Developer may not be able to obtain
funding for the construction of the third story; and
WHEREAS, the Agency and Developer desire to enter into the Amendment No.
2 to amend Developer's obligations under the DDA to remove the requirement to construct the
third story.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
AZUSA, CALIFORNIA DOES RESOLVE AS FOLLOWS:
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 Developer entering
into this Second 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 the Developer entering into the Second
Amendment does not have the possibility of creating any significant environmental effects.
Section 3. The Agency Board hereby approves the Second Amendment in substantially the
form attached hereto as Exhibit A which deletes Developer's obligation to construct a third floor.
The Agency's Executive Director is hereby authorized and directed to execute the Second
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Amendment and cause its recordation with the Los Angeles County Recorder, and to execute
documents and instruments as may be reasonably necessary to administer and implement the
actions described in the Second Amendment 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 Second
Amendment, without the need for formal Agency governing board approval.
Section 5. The Agency staff is hereby directed to file with the Los Angeles County Clerk's
Office, within three (3) working 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 take effect immediately upon its adoption.
Mayor
on this 7th day of February 2005.
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 7`s day of February, 2005, by the following vote of the Agency Board of Directors.
AYE'S: BOARD MEMBERS:
HARDISON, STANFORD, ROCHA, CHAGNON, MADRID
NOBS: BOARD MEMBERS:
NONE
ABSTAIN: BOARD MEMBERS:
NONE
ABSENT: BOARD MEMBERS:
NONE
Vera Men m
Secretary
H VI'1115\DLI 1\660931
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STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
1, Vera Mendoza, City Clerk of the City of Azusa, DO HEREBY CERTIFY that the
above and foregoing is true, correct and complete copy of Resolution No. 05-R5 adopted by the
City Council of the City of Azusa on February 7, 2005, that the same has not been amended,
modified or rescinded and is fully effective as of this date.
Dated: February 22, 2005
Vera Mendoza,
City Clerk