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Home My WebLink About12-11 SARDA Resolution RESOLUTION NO. SARDA 12-11 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE THIRD AMENDMENT TO THE FARMERS' MARKET LICENSE AGREEMENT FOR USE OF THE PUBLIC PARKING LOT LOCATED AT THE NORTHWEST CORNER OF MERCEDES STREET AND SIXTH STREET THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency does hereby find, determine and declare that: A. On December 11, 2002 the Redevelopment Agency of the City of Temecula and Farmer's Market Management Inc. ("Cunningham") entered into that certain agreement entitled "License Agreement between the Redevelopment Agency of the City of Temecula and Farmer's Market Management Inc. for Use of a Portion of Agency Property at Sixth Street and Mercedes Street for a Farmers Market." B. On December 6, 2004, the Redevelopment Agency of the City of Temecula and Cunningham entered into that certain agreement entitled "First Amendment License Agreement between the Redevelopment Agency of the City of Temecula and Farmer's Market Management Inc. for Use of a Portion of Agency Property at Sixth Street and Mercedes Street for a Farmers Market" and on November 6, 2007, the parties entered into that certain agreement entitled "Second Amendment License Agreement between the Redevelopment Agency of the City of Temecula and Farmer's Market Management Inc. for Use of a Portion of Agency Property at Sixth Street and Mercedes Street for a Farmers Market." The original agreement of December 11, 2002, as amended by the First Amendment on December 6, 2004 and the Second Amendment on November 6, 2007 and the Third Amendment shall be referred to collectively in this Resolution as the "Agreement." C. The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency") and had assumed jurisdiction over the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1." D. ABX1 26 was signed by the Governor of California on June 29, 2011 as Chapter 5 of the Statues of 2011, making certain changes to the Redevelopment Law, including adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) ("Part 1.85") to Division 24 of the California Health and Safety Code. R:/SARDA Resos 2012/SARDA 12-11 1 E. As a result of the California Supreme Court's decision upholding the validity of ABX1 26, on February 1, 2012, al� redevelopment agencies in the State of California, inc�uding the Redevelopment Agency of the City of Temecula, were dissolved and replaced by successor agencies established pursuant to Health and Safety Code Section 34173. F. The City Council of the City of Temecula (the "City") adopted Resolution No. 12-02 January 10, 2012, pursuant to Part 1.85 electing for the City to serve as the Successor Agency to the Temecula Redevelopment Agency of the City of Temecula upon its dissolution G. The City Council of the City of Temecula, Acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency adopted Resolution No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula Redevelopment Agency duly constituted pursuant to law and establishing rules and regulations for the operation of the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency") H. By law, the Successor Agency is now the successor in interest to all property, assets and obligations of the former Redevelopment Agency of the City of Temecula, including the former Redevelopment Agency's obligations under the Agreement. I. The parties now desire to amend the Agreement to extend the expiration date of the Agreement from December 31, 2012 to April 1, 2013 in order to enable the Successor Agency to the Temecula Redevelopment Agency and the City of Temecula time to complete the request for proposal process for the continued management of the Farmer's Market and to complete the confirmation of title to the Property. Section 2. Environmental Findinqs. In accordance with the California Environmental Quality Act, the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency hereby finds and determines that the proposed Third Amendment to the Farmer's Market License Agreement to be categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15301, Class 1 (Existing Facilities) and Section 15323, Class 23 (Normal Operations of Facilities for Public Gatherings) because the Third Amendment involves no expansion of the existing use. All of the terms of the existing Agreement concerning operations and size of the Farmer's Market will remain the same. The only change in the Third Amendment, apart from being in the name of the Successor Agency to the Temecula Redevelopment Agency, is the three month extension of the term from December 31, 2012 to April 1, 2013. R:/SARDA Resos 2012/SARDA 12-11 2 Section 3. Approval of Third Amendment. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency hereby approves that certain agreement entitled "Third Amendment to License Agreement between the Successor Agency to the Temecula Redevelopment Agency and Farmer's Market Management Company Inc. for Use of a Portion of Agency Property at Sixth Street and Mercedes for a Farmer's Market," ("Third AmendmenY') in substantial conformance with the form of such Third Amendment that is on file in the Office of the Successor Agency Secretary. The Chairperson of the Successor Agency is hereby authorized to execute the Third Amendment on behalf of the Successor Agency to the Temecula Redevelopment Agency. A copy of the final Third Amendment when executed by the Chairperson shall be placed on file in the Office of the Successor Agency Secretary. Section 4. Executive Director's Authoritv. The Executive Director of the Successor Agency to the Temecula Redevelopment Agency (or his designee), is hereby authorized, on behalf of the Successor Agency to the Temecula Redevelopment Agency, to take all actions necessary and appropriate to carry out and implement the Agreement, as amended, and to administer the Successor Agency's obligations, responsibilities and duties to be performed under the Agreement, as amendment. Section 5. Certification. The Secretary of the Successor Agency to the Temecula Redevelopment Agency shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 22� day of May, 2012. � � , i ; , f � y lJ ,,..!'__,. / ,, J � ; i" C ' c Washington, Chairperson ATTEST: �'�� + Susan . Jones, MMC ' City Cle k/Board Secretary [SEAL] R:/SARDA Resos 2012/SARDA 12-11 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 12-11 was duly and regularly adopted by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency at a meeting thereof held on the 22 day of May, 2012, by the following vote: AYES: 5 BOARD MEMBERS: Comerchero, Edwards, Naggar, Roberts, Washington NOES: 0 BOARD MEMBERS: None ABSENT: 0 BOARD MEMBERS: None ABSTAIN: 0 BOARD MEMBERS: None Susan . Jones, MMC 't Clerk/B ard Secretary R:/SARDA Resos 2012lSARDA 12-11 4