HomeMy WebLinkAboutResolution No. 09-R61RESOLUTION NO. 09-R61
A RESOLUTION OF THE GOVERNING BOARD OF THE REDEVELOPMENT
AGENCY OF THE CITY OF AZUSA, CALIFORNIA, APPROVING A SECOND
AMENDMENT TO THE 2008 DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY
OF AZUSA AND TARGET CORPORATION
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 the 2008 Disposition and Development Agreement
("Agreement") with Target Corporation ("Developer") on December 15, 2008 for the disposition and
development of certain real property ("Property") as a Target store ("Project") including approximately
159,000 square feet of commercial space as set forth in the Agreement; and
WHEREAS, the Board approved that certain First Amendment to the Agreement ("First
Amendment") on June 15, 2009 which amended certain provisions of the Agreement relating to
Developer's commitment to constructing the project and the opening of escrow; and
WHEREAS, the Agency has negotiated the terms of that certain Second Amendment to the
Agreement which revises Exhibit "C" of the Agreement, Schedule of Performance; and
WHEREAS, a copy of the Agreement and the First Amendment is on file at the City's
Redevelopment Department; and
WHEREAS, the Redevelopment Agency has given notice as required by law and held a public
hearing on December 21, 2009 on the Second Amendment to the Agreement; and
WHEREAS, the Redevelopment Agency has carefully considered all pertinent testimony and the
staff report offered in the case as presented at the public hearing; and
WHEREAS, the Agency has prepared, and the City Council has reviewed and considered, a
summary report pursuant to CRL Section 33433 ("Summary") setting forth: (1) the cost of the
Agreement to the Agency; (2) the estimated value of the interest to be conveyed; and (3) an explanation
of how the acquisition and conveyance of the Property will assist in the elimination of blight within the
Project Area, and has made the Summary available for public inspection in accordance with CRL
Section 33433; and
WHEREAS, on December 21, 2009, the City Council ratified its consideration of the Summary
and related findings pursuant to Health and Safety Code Section 33433 as it relates to this Second
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Amendment to the 2008 Disposition and Development Agreement finding that the modifications in this
Second Amendment do not modify the substantive provisions of the Agreement addressed by the
Summary report; and
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 directs City staff to file a Notice of Determination with the Los
Angeles County Clerk's office within three (3) calendar days of the adoption of this Resolution.
Section 2. The Board hereby finds and determines that the provisions of the Second
Amendment are consistent with the Implementation Plan adopted for the Project Area pursuant to
Section 33490.
Section 3. The Board hereby approves the Second Amendment, 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 4. 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 Amendment.
Section 5. 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.
oseph R. Rocha, Chairman
ATTEST:
Vera Mendoza, Redevelopment��
I HEREBY CERTIFY that the foregoing resolution no. 09-R61 was duly adopted by the
Redevelopment Agency of the City of Azusa at a regular meeting held on the 215` 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: NUNS
Vera Mendoza, Secretary S ��
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