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HomeMy WebLinkAboutResolution No. 06-R45RESOLUTION NO. 06-1145 A RESOLUTION OF THE GOVERNING BOARD OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, CALIFORNIA, APPROVING A THIRD 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, 621 Talley LLC 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 17, 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 of a third story on the Talley Building, located on the Talley Parcel; and WHEREAS, on February 7, 2006, the Agency and Developer entered into Amendment No. 2 to the Disposition and Development Agreement Amendment No. 2; and WHEREAS, the parties jointly concluded that construction of a third story on the Talley Building was 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 entered into Amendment No. 2 to the Disposition and Development Agreement to amend the Developer's obligation to remove the requirement to construct the third story. WHEREAS, the Agency and Developer desire to enter into the Amendment No. 3 to revise the scope of development under the DDA to allow office use on the second floor instead of residential. 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 Third 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 Third 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 Third 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 Third 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 Third 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. PASSED, APPROVED AND ADOPTED on this 6th day of November 2006. Chairperson RVPUBIDLH\660931 I HEREBY CERTIFY that the foregoing Resolution No. 06-R45, was duly adopted at a meeting of the Redevelopment Agency of the City of Azusa, at a regular meeting thereof, held on the 6`s day of November, 2006, by the following vote of the Agency Board of Directors. AYES: BOARD MEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: BOARD MEMBERS: NONE ABSTAIN: BOARD MEMBERS: NONE ABSENT: BOARD MEMBERS: NONE Secretary RVPUBOLM660931