HomeMy WebLinkAbout06-022 CC Resolution
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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 Therefore, Resolution No. 05-68 is hereby repealed and of no further force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
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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
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