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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 Page 1 of 3 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 Page 2 of 3 DEVELOPER: By: By: By: Alan Hic ~ /.jl~ Robin Hicks (lL~ MJeo ~~ Alcinda Hicks Pearlman Page 3 of 3