HomeMy WebLinkAboutResolution No. 00-C039RESOLUTION N0. 00—C39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, APPROVING THE THIRD
AMENDMENT TO THE SAV -ON (FORMERLY RITE AID)
DRUG STORE PURCHASE AND SALE AGREEMENT AND
AGREEMENT CONTAINING COVENANTS AND
RESTRICTIONS AFFECTING REAL PROPERTY
WHEREAS, the City of Azusa ("City") and Lake Development Group, Ino.("Prior
Developer") entered into that certain Purchase and Sale Agreement Containing Covenants and
Restrictions Affecting Real Property ("Purchase and Sale Agreement") dated June 16,1998, as it was
amended by that certain First Amendment to Purchase and Sale Agreement Containing Covenants
and Restrictions Affecting Real Property ("First Amendment") dated October 21, 1998, for the
purpose of having Prior Developer purchase property from City to construct a Rite Aid Drugstore
and additional retail space; and
WHEREAS, City, Prior Developer, and Topaz -Azusa, LLC ("Successor Developer")
entered into a Second Amendment to the Purchase and Sale Agreement and Agreement Containing
Covenants and Restrictions Affecting Real Property ("Second Amendment") dated July 6,1999 for
the purpose of Prior Developer assigning the entirety of its rights and obligations under the Purchase
and Sale Agreement to the Successor Developer; and
WHEREAS, City and Successor Developer wish to further amend the Purchase and
Sale Agreement in certain other ways more particularly described in that certain Third Amendment
to Purchase and Sale Agreement and Agreement Containing Covenants and Restrictions Affecting
Real Property ("Third Amendment") dated March 6, 2000, and attached to this Resolution as Exhibit
A; and
WHEREAS, the Third Amendment is in the best interests of City and in the public
interest; and
WHEREAS, City has concluded that the approval of the Third 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.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES FIND AND DECLARE THAT:
SECTION 1: The City Council approves the Third Amendment. The City
Manager is authorized to execute the Third Amendment, including any minor non -substantive
changes thereto, and any other documents necessary to administer and carry out the transactions
described in the Third Amendment.
SECTION 2: 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.
2000.
SECTION 3. This Resolution shall become effective upon its adoption.
PASSED, APPROVED AND ADOPT�EH-2-Qth day of. =March ,
Mayor
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C. Madrid
i
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, Adolph Solis, City Clerk of the City of Azusa, do hereby certify that the foregoing
Ordinance No,. -,b3 9 was duly introduced and adopted as an urgency ordinance by a four-fifths
vote at a regular meeting of the City Council on the 20thday of March , 2000, by the
following vote, to wit:
AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED AS TO FORM:
City I
ttorney
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