HomeMy WebLinkAboutResolution No. 09-C105RESOLUTION NO. 09-C105
A RESOLUTION OF THE CITY COUNCIL 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 City Council 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 City Council 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 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, this amendment does not require a new 33433 report as the modifications to
the deal in the Second Amendment do not impact that analysis and are not related to the cost of
the project:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa as
follows:
Section 1. The City Council 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 City Council 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 City Council hereby approves the Second Amendment together with non -
substantive changes and amendments as may be approved by the City Manager and the City
Attorney.
Section 4. The City Council hereby authorizes and directs the City Manager and the City
Attorney to take any action and execute any documents necessary to implement the Second
Amendment.
Section 5. The City Clerk 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.
ATTEST:
11F�,14( �0 la:c4
s3�eph Rocha, Mayor
Vera Mendoza, City
I HEREBY CERTIFY that the foregoing resolution no. 09-C105 was duly adopted by
the City Council of the City of Azusa at a regular meeting held on the 21s` day of December;
2009, by the following vote of the Council:
AYES: COUNCIL MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCIL MEMBERS: ROCHA
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT- COUNCIL MEMBERS: NONE
Vera Mendoza, City Clerk
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