HomeMy WebLinkAboutOrdinance No. 14-O1ORDINANCE NO. 14-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF AN
AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF AZUSA AND ROSEDALE LAND PARTNERS
II, LLC
WHEREAS, the City of Azusa ("City") and Monrovia Nursery Company entered into
that certain Development Agreement dated as of May 27, 2004 ("Development Agreement");
and
WHEREAS, the Development Agreement provides for the development of a master
planned community project consisting of 1,250 residential units, commercial space and various
public and infrastructure improvements; and
WHEREAS, on August 27, 2004, Monrovia Nursery Company assigned all of its rights,
obligations, title and interest under the Development Agreement to Azusa Land Partners, LLC, a
Delaware limited liability company, in accordance with Section 3.6 of the Development
Agreement; and
WHEREAS, Azusa Land Partners, LLC surrendered all of its rights, obligations, title
and interest under the Development Agreement due to foreclosure; and
WHEREAS, on October 10, 2010, Rosedale Land Partners II, LLC, a Delaware limited
liability company, obtained all rights, obligations, title and interest of the Development
Agreement by acquiring the subject property pursuant to a Trustee's Deed dated October 1,
2010, pursuant to Section 3.6 of the Development Agreement; and
WHEREAS, the Development Agreement is set to expire within ten years of the
Effective Date of the Development Agreement; and
WHEREAS, Owner has requested that the term of the Development Agreement be
extended; and
WHEREAS, City and Owner are currently negotiating a long-term extension of the
Development Agreement as well as substantive amendments to adjust the rights and
responsibilities of the City and Owner; and
WHEREAS, the City desires to amend the Development Agreement to extend the term
by nine (9) months in order to allow sufficient time to conclude negotiations and bring those
negotiated amendments to the City Council for approval, as it will be in the best interest of the
City and the public interest to do so; and
WHEREAS, the amendment to the Development Agreement is consistent with the City
of Azusa General Plan and the Rosedale Specific Plan and contains all necessary elements
required by Government Code section 65864 et seq. and Section Division 14 of the City of
Azusa Municipal Code; and
WHEREAS, on February 26, 2014, the City Planning Commission held a duly noticed
public hearing on the proposed amendment to the Development Agreement, and by Resolution
No. 2014-02 recommended to the City Council approval of the proposed amendment; and
WHEREAS, on March 17, 2014, the City Council of the City of Azusa conducted a
public hearing pursuant to Government Code Section 65867, notice of which was provided in
accordance with Government Code Section 65090 and 65091, at which hearing all persons
wishing to testify in connection with the proposed amendment to the Development Agreement
were heard and at which the amendment to the Development Agreement was comprehensively
reviewed; and
WHEREAS, the City Council of the City of Azusa reviewed and studied the amendment
to the Development Agreement and found it to comply with the California Environmental
Quality Act ("CEQA") as more fully described below.
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Based on the entire record before the City Council of the City of Azusa
("Council") and all written and oral evidence presented to the Council, the Council finds the First
Amendment to the Development Agreement attached here to as Exhibit "A" ("First
Amendment') is consistent with the General Plan of the City of Azusa ("General Plan") and the
Rosedale Specific Plan and systematically implements the goals and objectives of the General
Plan and Rosedale Specific Plan.
A. The First Amendment is consistent with the objectives, policies, general
land uses and programs specified in the General Plan and the Rosedale Specific Plan.
B. The First Amendment will not be detrimental to the health safety and
general welfare of persons residing in the immediate area nor be detrimental or injurious to the
general welfare of the residents of the City as a whole.
C. The First Amendment will not adversely affect the orderly development of
property or the preservation of property values.
D. The First Amendment is consistent with the provisions of Government
Code sections 65864 through 65869.5 and Division 14 of the Azusa Municipal Code.
SECTION 2. Based on the entire record before the Council and all written and oral
evidence presented to the Council, the Council hereby finds and determines, that it can be seen
with certainty that adoption of this Ordinance and approval of the First Amendment will not have
2
a significant adverse effect on the environment. Thus, the adoption of this Ordinance and
approval of the First Amendment is exempt from the requirements of the California
Environmental Quality Act ("CEQA") pursuant to Sections 15061(b)(3) of the CEQA
Guidelines. Staff is directed to file a Notice of Exemption with the Los Angeles County
Recorder's Office within five (5) working days of adoption of this Ordinance. finds the
Agreement complies with CEQA for the following reasons:
SECTION 3. The Council hereby approves the First Amendment in substantially the
form presented to the Council, together with such additions favoring the City and non -
substantive revisions as may be approved by both the City Manager and the City Attorney during
execution of the First Amendment.
SECTION 4. The City Manager is hereby authorized to execute the First Amendment
on behalf of the City and City staff is authorized to take any action and execute any and all
necessary documents to implement the First Amendment.
SECTION 5. The City Clerk is directed to record the First Amendment with the Los
Angeles County Recorder, no later than 10 days after the First Amendment is fully executed.
SECTION 6. This Ordinance shall be in full force and effect thirty (30) days after its
passage.
SECTION 7. A summary of this Ordinance shall be published in the manner required by
law.
PASSED, APPROVED and ADOPTED this 7`h day of April, 2014.
ATTEST:
JAffref KaWe Cornejo, Jr.
City Clerk
3
1ttH4,11,6
osep h Romero Rocha
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No. 14-01, was duly introduced and
placed upon its first reading at a regular meeting of the Azusa City Council on 17`h day of March,
2014 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the
Azusa City Council on the 7`h day of April, 2014 by the following vote to wit:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
tN
fY nce Comejo, r.
City Clerk
EXHIBIT "A"
FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT
[Attached behind this page]
RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
City of Azusa
213 East Foothill Boulevard
Azusa, California 91702
Attention: City Manager
Exempt from filing fees — Gov't Code §6103
(Space above for Recorder's use only)
FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT (the "First
Amendment") is dated as of April 7, 2014, and is being entered into by and among the
City of Azusa, a California municipal corporation ("City"), and the City of Azusa Light
and Water Department ("ALW") (jointly referred to as the "City") and Rosedale Land
Partners II, LLC, a Delaware limited liability company ("Owner"), with reference to the
following facts:
A. City and Monrovia Nursery Company, a California corporation, entered
into that certain Development Agreement between City and Owner's predecessor in
interest dated as of May 27, 2004, and recorded on July 29, 2004, in the Official
Records of Los Angeles County as Document No. 04-1952514, ("Development
Agreement"), covering that certain property more particularly described in the
Development Agreement.
B. The Development Agreement provides for the development of a master
planned community project consisting of 1,250 residential units, commercial space and
various public and infrastructure improvements
C. On August 27, 2004, Monrovia Nursery Company assigned all of its
rights, obligations, title and interest under the Development Agreement to Azusa Land
Partners, LLC, a Delaware limited liability company, in accordance with Section 3.6 of
the Development Agreement; and
D. Azusa Land Partners, LLC surrendered all of its rights, obligations, title
and interest under the Development Agreement due to foreclosure; and
E. On October 10, 2010, Rosedale Land Partners II, LLC, a Delaware
limited liability company, obtained all rights, obligations, title and interest of the
Development Agreement by acquiring the subject property pursuant to a Trustee's
Deed dated October 1, 2010, pursuant to Section 3.6 of the Development Agreement;
and
F. The Development Agreement is set to expire within ten years of the
Effective Date of the Development Agreement, which is May 27, 2014.
G. Owner has requested that the term of the Development Agreement be
extended pursuant to Section 3.5 of the Development Agreement. City and Owner are
currently negotiating a long-term extension of the Development Agreement as well as
substantive amendments to adjust the rights and responsibilities of the parties.
H. The parties desire to amend the Development Agreement to extend the
term by nine (9) months in order to allow sufficient time to conclude negotiations and
bring those negotiated amendments to the City Council for approval. Nothing set forth
herein shall amend or affect the additional five year extension of the Development
Agreement pursuant to the last paragraph of Section 3.5.
I. All capitalized but undefined terms used herein shall have the same
meaning as set forth in the Development Agreement.
J. On February 26, 2014, the City Planning Commission held a duly noticed
public hearing on this First Amendment and by Resolution No. 2014-02 recommended
to the City Council approval of this Amendment.
K. On March 17, 2014, the City Council held a duly noticed public hearing
on this First Amendment. On April 7, 2014, the City Council adopted Ordinance No.
04-01, approving this First Amendment and affirming the findings required under
Government Code Section 65867.5 for approval of this First Amendment.
NOW, THEREFORE, in consideration of the mutual terms and conditions
contained herein, the parties agree to amend the Development Agreement as follows:
1. Effective Date. This First Amendment shall become effective on the date
on which all of the following are true: (i) this First Amendment has been executed by
Owner's duly authorized officers and officials and delivered to the City; (ii) this First
Amendment has been approved by ordinance of the City Council of the City of Azusa
and such ordinance has become effective; and (iii) this First Amendment has been
duly executed by the Mayor and delivered to Owner. Notwithstanding the above, the
"Effective Date", for purposes of the Development Agreement, shall remain as defined
in Section 3.1.9 of the Development Agreement.
2. Recordation. The City and Owner hereby consent to the recordation of
this First Amendment in the Official Records of Los Angeles County, California at any
time following the effective date of this First Amendment.
3. Amendment to Section 3.5. The first and second paragraphs of Section
3.5 of the Development Agreement are hereby amended to read as follows:
"3.5. Term. The term ("Term") of this Agreement shall commence on the
Effective Date and shall continue until February 27, 2015, unless terminated sooner
pursuant to a specific provision of this Agreement. The Term of this Agreement shall
be extended for one (1) additional five (5) year period following the expiration of the
initial period provided above upon the occurrence of all of the following:
(i) The Owner shall give written notice to the City no later than one hundred
twenty (120) days before the expiration of the initial period that the Owner desires to
extend this Agreement for the additional five (5) -year period;
4. This First Amendment may be executed in any number of identical
counterparts, each of which shall be deemed to be an original, and all of which
together shall be deemed to be one and the same instrument when each party has
signed one such counterpart.
5. Not later than ten (10) days following the Effective Date of this First
Amendment, the City Clerk shall record this First Amendment with the Los Angeles
County Recorder's Office.
6. Other than as set forth herein, all of the terms and conditions of the
Development Agreement shall remain in full force and effect. To the extent of any
inconsistency between the terms and conditions of this First Amendment and the
Development Agreement, the terms and conditions of this First Amendment shall
control.
[Signatures on following page]
IN WITNESS WHEREOF, the parties hereto have executed this First
Amendment as of the date and year first written above.
CITY
City of Azusa
By:
J mes W. Ma hanoff
ity Manager
Date: 4 1 7 17,0 1 t
ATTEST:
�W
j - f_ irkwrence _ _ d - .'
City Clerk
APPROVED AS TO FORM:
By: `
Best Best & Kr eger LLP
City Attorney
Date: Y- 7
OWN
ROSEDALE LAND PARTNERS II, LLC
A Delaware limited liability company
CDG ROSEDALE INVESTMENT, LLC
a Delaware limited liability company
Its Administrative Member
By: O/j2--
N�Q�stpfl+c'� 8®s
Its: -�-
Date:
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On (U -i ( /I , 20 1 q before me, I t/. tfe,fkA v>..d e 2 , notary
public, personally appeared Jca. m2s w. kprIt .skra.K e F , who proved
to me on the basis of satisfactory evidence to be the person (0 whose name(.&) is/axa
subscribed to the within instrument and acknowledged to me that he/sheAhey
executed the same in his/he#tl4eir authorized capacity(4ws , and that by his/hee#/thek
signatureW on the instrument the person(s�r or the entity upon behalf of which the
person(s,yacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
J. V. HERNANDEZ
Commission # 1998874
i, s Notary Public -C.....,".. z
Z Los Angeles County >
M Comm. Expires Nov 22. 2016
Signa Ire of Notary Public
N-1
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On /WpA- /s' , 20 H before me, ADic a4.' -X'0 %„(tna , notary
public, personally appeared C WOIZ'ON�2 &aac who proved
to me on the basis of satisfactory evidence to be the person
aj whose name
Wis/are
subscribed to the within instrument and acknowledged to me that he/6he/tbey
executed the same in his/heOttheir authorized capacity0es), and that by his heFAhe
signature(,sKon the instrument the person�<or the entity upon behalf of which the
person(/Q/acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
PATRICIA At EXIS HANSON
Commission # 1888030
Notary Public - California ZZ
Orange County
My Comm. Expires May 2. 20141