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HomeMy WebLinkAboutResolution No. 98-C1830 0 RESOLUTION NO. 98—C183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE RITE AID PURCHASE AND SALE AGREEMENT CONTAINING COVENANTS AND RESTRICTIONS AFFECTING REAL PROPERTY WHEREAS, the City of Azusa ("City") and Lake Development Group, Inc.(" Developer") entered into that certain Purchase and Sale Agreement Containing Covenants and Restrictions Affecting Real Property ("Purchase and Sale Agreement") dated June 16, 1998, for the purpose of having Developer purchase property from City to construct a Rite Aid Drugstore and additional retail space; and WHEREAS, City and Developer wish to amend the Purchase and Sale Agreement to (i) change the timing and nature of events that may give rise to City's power of termination as provided in the Purchase and Sale Agreement, and (ii) in certain other ways more particularly described in that certain "First Amendment to Purchase and Sale Agreement" ("First Amendment") dated October 21, 1998, and attached to this Resolution as Exhibit A; and WHEREAS, The City Council desires to authorize the City Manager or his designee to negotiate and amend certain shared parking agreements contained within Exhibit C of the Purchase and Sale Agreement; and WHEREAS, the First Amendment is in the best interests of City and in the public interest; and WHEREAS, City has concluded that the approval of the First Amendment is not subject to review under the California Environmental Quality Act (CEQA) or the City of Azusa's Environmental Guidelines because, pursuant to section 15061 of the CEQA Guidelines, it can be seen with certainty that there is no possibility that the proposed amendments will have a significant effect on the environment. **rsr NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES FIND AND DECLARE THAT: SECTION 1: The City Council hereby approves the First Amendment. The City Manager is authorized to execute the First Amendment, including any minor non -substantive charges thereto, and any other documents necessary to administer and carry out the transactions described in the First Amendment. SECTION 2. The City Council hereby authorizes the City Manager to negotiate and amend the shared parking provisions contained in Exhibit C of the Purchase and Sale Agreement. SECTION 3: City staff is directed to file a Notice of Exemption with the Los Angeles County Clerk within three (3) days after adoption of this Resolution. SECTION 4. This Resolution shall become effective upon its adoption. PASSED, APPROVED AND ADOgED2_� day of November '1998. ATTEST: Candace Toscano Deputy City Clerk RVPUB\MXM\51981 0 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 98-C 183 was duly adopted by the City Council of the City of Azusa, at a regular meeting thereof, held on the 2"d day of November, 1998 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS 1a�dA'Cj Candace Toscano Deputy City Clerk APPROVED AS TO FORM: Z J. ( - 0 L., City Attorney HARDISON, STANFORD, ROCHA, BEEBE, MADRID NONE NONE -2-