HomeMy WebLinkAboutOrdinance No. 2015-O13URGENCY ORDINANCE NO. 2015-013
AN URGENCY 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
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 City of Azusa ("City") and Rosedale Land Partners II, LLC entered into the
First Amendment to the Development Agreement dated as of April 7, 2014 and a Second Amendment to
extend the term to November 27, 2015; 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 on or before November 27, 2015; and
WHEREAS, Owner has requested that the term of the Development Agreement be extended;
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 Development Agreement is also the subject of a lawsuit filed by the Azusa
Unified School District relating to the construction of a K-8 school referenced in documents relating to
the Development Agreement; 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, both Owner and City wish to extend the terms of the Development Agreement for
an additional nine (9) months to provide the additional time necessary to negotiate changes to the
Development Agreement, resolve the pending lawsuit filed by the Azusa Unified School District
(AUSD) over the references to a K-8 school and to complete the project; and
WHEREAS, in order to ensure the development of the Rosedale Specific Plan takes place and
the Development Agreement is implemented, this Urgency Ordinance is adopted to extend the
Development Agreement immediately so that it does not expire and the City can continue to work with
the Owner and AUSD in the implementation of this Development Agreement; and
WHEREAS, the extension of the Development Agreement is for the immediate preservation of
the public peace, health, and safety because the Rosedale Specific Plan and Development Agreement are
considered critical projects for the City and a lapse in the Development Agreement would have
significant detrimental impacts which cannot be easily remedied by other methods; and
WHEREAS, this Urgency Ordinance is adopted pursuant to California Government Code
Section 36937 and shall take effect immediately upon adoption by a four-fifths vote of the City Council;
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 M. and Section Division 14 of the City of Azusa Municipal Code
as no substantive changes are proposed by the amendment; and
WHEREAS, on October 21, 2015, the City Planning Commission held a duly noticed public
hearing on the proposed amendment to the Development Agreement, and by Resolution No. 2015-31
recommended approval of the proposed amendment to the City Council; and
WHEREAS, the City Council of the City of Azusa has 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. The City Council hereby adopts the recitals in this Urgency Ordinance as Urgency
Findings for its adoption. 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 Third
Amendment to the Development Agreement attached here to as Exhibit "A" ("Third 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 Third Amendment is consistent with the objectives, policies, general land
uses and programs specified in the General Plan and the Rosedale Specific Plan.
B. The Third 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 Third Amendment will not adversely affect the orderly development of
property or the preservation of property values.
D. The Third 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 Urgency Ordinance and approval of the Third Amendment will not have a significant
adverse effect on the environment. Thus, the adoption of this Urgency Ordinance and approval of the
Third 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 Urgency Ordinance.
SECTION 3. The Council hereby approves the Third 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 Third
Amendment.
SECTION 4. The City Manager is hereby authorized to execute the Third 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 Third Amendment.
SECTION 5. The City Clerk is directed to record the Third Amendment with the Los Angeles
County Recorder, no later than 10 days after the Second Amendment is fully executed.
SECTION 6. This Ordinance shall be in full force immediately upon its passage.
SECTION 7. A summary of this Ordinance shall be published in the manner required by law.
PASSED, APPROVED and ADOPTED this 2"d day of November, 2015.
Josep Romero
Mayor
ATTEST:
� ui liiar�reo i 17iunS/
J _ t . "' c
e,�P r ys�L nce Cornejo r.
J
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, Jeffrey Lawrence Cornejo Jr., City Clerk of the City of Azusa, do hereby certify that the
foregoing Urgency Ordinance No. 2015-013 was duly introduced and adopted at a regular meeting of
the City Council held on the 2"d day of November, 2015, by the following roll -call vote, to wit:
AYES: COUNCIL MEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
J fr ce Cornejo, r.
City Clerk
APPROVED AS TO FORM:
A -
Best Best &Krieger, LP
City Attey
EXHIBIT "A"
THIRD 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)
THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT
THIS THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT (the "Third
Amendment") is dated as of 1---, 2015, 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 Il, 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 ll, 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
4563 5.01000%835
F. Pursuant to the "First Amendment to the Development Agreement"
approved by Ordinance No. 14-01, and "The Second Amendment to the Development
Agreement" approved by Ordinance No. 14-06, the Term of the Development
Agreement has been extended to November 27, 2015.
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 October 21, 2015, the City Planning Commission held a duly noticed
public hearing on this Third Amendment and by Resolution No. 2015 -
recommended to the City Council approval of this Amendment.
K. On , 2015, the City Council held a duly noticed
public hearing on this Third Amendment. On t,1�r 2,12015, the City Council
adopted Ordinance No. 15-M, approving this Third Amendment and affirming the
findings required under Government Code Section 65867.5 for approval of this Second
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 Third Amendment shall become effective on the
date on which all of the following are true: (i) this Third Amendment has been
executed by Owner's duly authorized officers and officials and delivered to the City; (ii)
this Third Amendment has been approved by ordinance of the City Council of the City
of Azusa and such ordinance has become effective; and (iii) this Third 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 Third Amendment in the Official Records of Los Angeles County, California at any
time following the effective date of this Third 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:
45635.01000%8357311.2
"3.5. Term. The term ("Term") of this Agreement shall commence on the
Effective Date and shall continue until August 27, 2016, 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
Term 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 Term that the Owner desires to extend
this Agreement for the additional five (5) -year period;..."
4. This Third 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 Third
Amendment, the City Clerk shall record this Third 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 Third Amendment and the
Development Agreement, the terms and conditions of this Third Amendment shall
control.
[Signatures on following page]
45635.01000\8357311.2
IN WITNESS WHEREOF, the parties hereto have executed this Third
Amendment as of the date and year first written above.
CITY
City of Azusa
�. Is=
Date:`Z 2l.I IS
Fr -
ATTEST:
ce
City
APPROVED AS TO FORM:
By: .L)e— .
Best est & Kr ger LLP
City ttorney
45635.01MOM 57311.2
M7
ROSEDALE LAND PARTNERS II, LLC
a Delaware limited liability company
By: CDG ROSEDALE INVESTMENT, LLC,
a Delaware limited liability company its
Administrative Member
Its: �O
Date: t2/10 /1 V
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On December 10. 2015 before me, Sylvia Sowah Notary Public
(insert name and title of the officer)
Personally appeared Daniel O'Bannon
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) 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. ]wrr�r
WITNESS my hand and official seal. Commlaaloii �1.212204t
Notary FuDUo - c.morm
Orange county
M Comm. Ea trea'Ao 9, 2019 r
Signature �� - (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of
On u 142'01before me, :36*& r
(Ins rt name and title of the office
personally appeared / W� J--GAK
who proved proved to me on the basis of satisfactory evidence to be the person(s) whose name(#isfafe-
subscribed to the within instrument and acknowledged to me that he/executed the same in
his/be Aheir authorized capacity(aes), and that by his/ba4l;eir signature(s) on the instrument the
person(sl, or the entity upon behalf of which the person(s} 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. :- ANGELICA AVILA
Commission # 1971703
L��My
z
Notary Poblic -California z
Los Angeles County s Comm. Expires Mar 10, 2016
Signature (Seal)