HomeMy WebLinkAboutResolution No. 09-R65RESOLUTION NO. 09-R65
A RESOLUTION OF THE GOVERNING BOARD OF THE
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA,
CALIFORNIA, RESCINDING THE APPROVAL OF THE FIRST
AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT
BETWEEN THE AGENCY AND LEWIS DEVELOPMENT AND
APPROVING A SECOND EXCLUSIVE NEGOTIATION AGREEMENT
BETWEEN THE SAME PARTIES
WHEREAS, pursuant to the California Community Redevelopment Law (Health &
Safety Code Sections 33000, et seq.) ("CRL"), the City Council of the City of Azusa ("City")
("City Council") approved and adopted a Redevelopment Plan ("Redevelopment Plan") for the
redevelopment Project Area known as the Merged Central Business District and West End
Redevelopment Project Area ("Project Area"); and
WHEREAS, the Governing Board (`Board") of the Redevelopment Agency of the City
of Azusa ("Agency") is engaged in activities to implement the Redevelopment Plan for the
Project Area pursuant to the provisions of the CRL; and
WHEREAS, the Board approved an Exclusive Negotiation Agreement ("Original
Agreement") by and between the Agency and Lewis Development ("Developer") on February
17, 2009;
WHEREAS, that Original Agreement expired on August 16, 2009; and
WHEREAS, the Board approved that certain First Amendment to the Original Agreement
("First Amendment") on September 8, 2009 which was intended to, among other things,
extended the time for performance by Developer and provide Agency with a first right of refusal
to acquire certain parcels from Developer; and
WHEREAS, Developer never executed that First Amendment and now the Agency
wishes to rescind its approval thereof; and
WHEREAS, although there has been no legally binding agreement between the Agency
and Developer as it relates to the project proposed in the Original Agreement or the acquisition
of properties, the Agency has continued to negotiate with Developer regarding the terms of a
second negotiation agreement; and
WHEREAS, Agency and Developer have come to terms regarding the Second Exclusive
Negotiation Agreement which is on file at the City's Redevelopment Department.
NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the
Redevelopment Agency of the City of Azusa as follows:
Section 1. The Board hereby rescinds its approval of the First Amendment to the
Original Agreement, dated September 8, 2009.
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Section 2. The Board hereby approves the Second Exclusive Negotiation Agreement,
attached hereto and incorporated herein by reference, together with non -substantive changes and
amendments as may be approved by the Executive Director and the Agency Attorney.
Section 3. The Board hereby authorizes and directs the Executive Director and the
Agency Attorney to take any action and execute any documents necessary to implement the
Second Excusive Negotiation Agreement.
Section 4. The Agency Secretary shall certify to the passage and adoption of this
resolution and the same shall thereupon take effect and be in force immediately upon its
adoption.
APPROVED AND ADOPTED this 2151 day of December, 2009.
,l6seph R. Rocha, Chairman
ATTEST:
ZA
Vera Mendoza, Secretary
I HEREBY CERTIFY that the foregoing resolution no. 09-R65 was duly adopted by
the Redevelopment Agency of the City of Azusa at a regular meeting held on the 21" day of
December, 2009, by the following vote of the Agency:
AYES: AGENCY MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: AGENCY MEMBERS: NONE
ABSTAIN: AGENCY MEMBERS: NONE
ABSENT: AGENCY MEMBERS: NONE
Vera Mendoza, Secretary
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