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HomeMy WebLinkAbout07-022 CC Resolution I I I RESOLUTION NO. 07-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A FIFTH 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, December 7,2004, February 28, 2006 and December 12, 2006 ("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 as it relates to the development of the project. C. On March 6, 2007 the Board of Directors of the Redevelopment Agency of the City of Temecula 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 Fifth Amendment. Section 2. The City Council hereby approves that certain agreement entitled "Fifth 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. The City Clerk shall certify the adoption of this Resolution. R:/Resos 2007/Resos 07-22 I I I PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 6th day of March, 2007. ATTEST: iJ ones, MMC [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk ofthe City ofTemecula, do hereby certify thatthe foregoing Resolution No. 07-22 was duly and re\j,ularty adopted by the City Council of the City of Temecula at a meeting thereof held on the 6 day of March, 2007, by the following vote: AYES: 5 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 0 COUNCIL MEMBERS: COUNCIL MEMBERS: ABSTAIN: 0 R:/Resos 2007/Resos 07-22 Comerchero, Edwards, Naggar, Roberts, Washington None None None . Jones, MMC City Clerk 2