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HomeMy WebLinkAbout06-022 CC Resolution I I I RESOLUTION NO. 06-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY AND AGK GROUP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY FOR THE TEMECULA EDUCATION COMPLEX THE CITY COUNCil OF THE CITY OF TEMECUlA DOES HEREBY RESOLVE AS FOllOWS: Section 1. The City Council hereby finds, determines and declares that: A. Agency and AGK Group, llC, ("Developer") have entered into a Disposition and Development Agreement dated as of March 16, 2004, as amended on September 14, 2004 and December 7,2004, ("DDA") which provided for, among other things, the City's contribution to Developer of certain real property described therein (the "Property") for the purpose of pursuing the development of a mixed use development incorporating affordable housing, higher education and retail located on a 31 acre site at the northwest corner of Diaz Road and Dendy lane. Capitalized terms uses herein but not defined shall have the meaning set forth in the DDA. B. Agency and Developer desire to clarify and modify some of the terms of the DDA so as to address soils issues on the Property. C. The approval of this Third Amendment by the Agency constitutes an action by the Agency to authorize the City of Temecula Public Works Department to manage the mass grading and soil remediation project for the Education Center. D. On February 20, 2006 the Board of Directors of the Redevelopment Agency of the City of T emecula and the City Council held a duly noticed joint public hearing at which all persons had the opportunity to address the Agency and the Council on the Third Amendment. Section 2. The City Council hereby approves that certain agreement entitled "Third Amendment to Disposition and Development Agreement" between the Agency and AGK Group, llC, with such changes in each document as may be mutually agreed upon by the Developer and the Executive Director as are in substantial conformance with the form of such Agreement which on file in the Office of the City Clerk. Section 3. On June 28, 2005 the City Council adopted Resolution No. 05-68 which approved a Third Amendment the Disposition and Development Agreement. The parties did not finalize such an amendment to the Disposition and Development Agreement at that time. Therefore, Resolution No. 05-68 is hereby repealed and of no further force and effect. R:/Resos 2006/Resos 06-22 I I I Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of February, 2006. oov Ron Roberts, Mayor ATTEST: [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of T emecula, do hereby certify that the foregoing Resolution No. 06-22 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of February, 2006, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts NOES: 0 ABSENT: 0 COUNCIL MEMBERS: None COUNCIL MEMBERS: COUNCIL MEMBERS: None ABSTAIN: 0 None ~ . Jones, MMC City Clerk R:/Resos 2006/Resos 06-22 2