CC Resolution 10123
RESOLUTION NO.
10123
A RESOLUTION OF THE CITY OF CAMPBELL CITY COUNCIL AUTHORIZING THE
EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECUTE AN
AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH
AINSLEY PLAZA, LLC MODIFYING THE TIMEFRAME FOR PERFORMANCE
WHEREAS, On May 8, 2002 the City of Campbell Redevelopment Agency (the "Agency")
and City Council approved a Disposition and Development Agreement (DDA) with Ainsley Plaza, LLC
(the "Developer") to acquire a remnant parcel from the Agency and merge it with 43 Harrison Avenue
and construct a mixed use commercial/residential development (the "Development"); and
WHEREAS, due to current economic conditions unfavorable for commercial development and
due to the unresolved disposition of the existing brick building at 43 Harrison Avenue, the Agency
agrees to amend the DDA to allow additional time for the Developer to file an application to relocate
the brick building to a new location and to file a development application with the Community
Development Department to secure entitlements for the Development, and to acquire the property and
commence construction.
WHEREAS, if an alternative location for the brick building to be sited is not approved, the
Hicks family will offer the building to the Agency for the cost of relocating it and the Agency will have
60 days to decide whether or not to accept the building; and
WHEREAS, if the Agency chooses to accept the building, the Agency will have 90 days to
relocate the building off the site at its own expense; and
WHEREAS, if the Agency chooses not to accept the building, the Hicks family may apply to
have the building demolished.
NOW, THEREFORE, BE IT RESOLVED, that the City of Campbell City Council
authorizes the Executive Director to execute an amendment to the DDA in substantial conformance as
proposed in the attachment to this resolution.
PASSED AND ADOPTED, this 19th day of November, 2002 by the following roll call vote:
AYES:
Councilmembers
Burr, Furtado, Watson
NOES:
Councilmembers
None
ABSTAIN:
Councilmembers
Kennedy
ABSENT:
Councilmembers
Dean
,/) /' ;J
ATTEST: {~~
Anne Bybee, City Clerk
APPROVED: ~ V..b:-
J~ette Watson, Mayor
AMENDMENT 1
Pursuant to page 23, Section 9.14 of the May 8, 2002 "Disposition And Development
Agreement/Owner Participation Agreement" [Agreement], by and between the City of Campbell
Redevelopment Agency and Ainsley Plaza, LLC, the parties hereby create this "AMENDMENT 1"
which shall delete, revise, add or replace provisions in said Agreement as specifically referenced and
set forth below.
.
Page 5, Sec. 2.1:
The phrase "within one (1) year" is replaced with the phrase "within
two (2) years";
. Page 6, Sec. 2.3(a): The last two (2) sentences ofthe paragraph are deleted and replaced
with the following: "Specifically, the Developer shall make such
applications according to the following schedule and terms:
(i) No later than two hundred and forty days (240) following
the date of this Agreement, Developer shall submit to all
applicable government agencies applications for the
relocation of the existing brick building at 43 Harrison
Ave. to the Developer's property located at Poplar Ave.,
Campbell, California and/or any other available
relocation site;
(ii) Consistent with Section 2.3(b) of this Agreement, the
Agency shall assist and facilitate in said relocation
applications of Developer. However, if after one hundred
and eighty days (180) from the time of submitting
relocation applications the Developer has not obtained
approvals, then either party hereto may terminate this
Agreement by written notice to the other party pursuant
to Section 8.2 (a) (i) and (iv) herein or;
(iii) Alternatively, the Developer may offer said building to the
Agency for the cost of relocation. Said offer will be
specifically subject to Developer obtaining a building
permit for the Improvements pursuant to Section 2.4
herein. The Agency shall have sixty (60) days from the
date of the written offer to respond in writing to accept or
reject the offer. If the Agency accepts the offer, the
Agency will move the building off the site at a mutually
agreed date and time by Developer and Agency, but in no
event later than the commencement of construction of the
Improvements pursuant to Section 4.2 herein. If the
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Agency rejects the offer, or, ifthe Agency accepts the offer
but fails to move the building ofT the site as provided for
herein, the Developer may proceed to all applicable
government agencies for a demolition permit for said
building;
(iv) No later than sixty days (60) following the granting of said
relocation applications as provided for in subsection (i)
above, or, alternatively, following the acceptance by the
Agency of Developer's ofTer as provided for in subsection
(iii) above, or, alternatively, following the granting of a
permit for demolition of the building as provided for in
subsection (Hi) above, Developer shall submit to all
applicable governmental agencies (including the City) and
public utilities applications for all such Planning
Approvals and "will serve" letters required for the
Improvements;
(v) Upon the granting and obtaining of all such Planning
Approvals and "will serve" letters, Developer shall
promptly deliver to the Agency copies of same and, upon
such delivery, this pre-disposition condition shall be
deemed met.
The parties agree that this "AMENDMENT I" may be executed in multiple originals, each
of which is deemed to be an original, and may be signed in counterparts. Additionally, once it is fully
executed below, the parties agree that the effective date of this "AMENDMENT I" shall be
November 19, 2002.
AGENCY:
City of Campbell Redevelopment Agency,
a body corpor e a politic
By:
Attest:
Title:
Mt-
By:
Agency Secretary
Approved as to form:
By:
Special Counsel to the Agency
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DEVELOPER:
By:
By:
By:
Alan Hic
~ /.jl~
Robin Hicks
(lL~ MJeo ~~
Alcinda Hicks Pearlman
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