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HomeMy WebLinkAbout04-09 RDA Resolution I I I RESOLUTION NO. RDA 04-09 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND AGK GROUP, LLC, EXTENDING THE INSPECTION DEADLINE FOR THE TEMECULA EDUCATIONAL COMPLEX THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby finds, determines and declares that: A. The approval of this First Amendment by the Agency constitutes an action by the Agency to extend the inspection deadline for the Temecula Educational Complex. Section 3.12 of the DDA established a sixth month due diligence period to allow the developer to inspect the condition of the property. The investigation would typically include but not be limited to soils conditions, storm drainage utilities and archeological testing. This Section has an inspection deadline of September 16, 2004. The developer has requested a 90 day extension to December 16, 2004 in order to finalize his investigation. Section 2. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled "First Amendment to DDA and Promissory Note" 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 Agency Secretary. The Chairperson of the Agency is hereby authorized to execute the Agreement, including related exhibits and attachments on behalf of the Agency. A copy of the final Agreement when executed by the Agency Chairperson shall be placed on file in the Office of the Secretary of the Agency. . Section 3. The Executive Director of the Agency (or his designee), is hereby authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the Agency's obligations, responsibilities and duties to be performed under the Agreement and related documents, including but not limited to the Promissory Note, Deed of Trust, Regulatory Agreement, acceptances, escrow instructions, certificates of completion and such other implementing agreements and documents as contemplated or described in the Agreement. Section 4. The Secretary of the Agency shall certify the adoption of this Resolution. R:/RDA Resos/RDA 04-09 I PASSED, APPROVED AND ADOPTED by the Board of Directors of the Redevel- opment Agency of the City of Temecula at a regular meeting held on the 14th day of September, 2004. ATTEST: STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I I, Susan W. Jones, CMC, City Clerk/Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that Resolution No. RDA No. 04-09 was duly and regularly adopted by the Board of Directors of the Redevelopment Agency of the City of Temecula at a regular meeting thereof, held on the 14th day of September, 2004, by the following vote, to wit: AGENCY MEMBERS: Naggar, Roberts, Stone, Washington, Comerchero AYES: 5 NOES: 0 ABSENT: 0 ABSTAIN: 0 AGENCY MEMBERS: None AGENCY MEMBERS: None AGENCY MEMBERS: None I R:/RDA Resos/RDA 04-09