HomeMy WebLinkAbout1989-04 CRA
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REL :mb ( 33 )
2/24/89
Rev. 4/12/89
RESOLUTION NO. 89-4
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA CONSENTING
TO THE ASSIGNMENT OF THE DEVELOPMENT AGREE-
MENT FOR PARCEL 5 OF THE SANTA ANA AUTO MALL
BY J.R. WOOD TO JAMES W. CONNOR AND APPROV-
ING AN AMENDED DISPOSITION AND DEVELOPMENT
AGREEMENT FOR PARCEL 5 WITH JAMES W. CONNOR.
WHEREAS, the Community Redevelopment Agency of the City
of Santa Ana (the "Agency") entered into a Lease, Option and
Development Agreement, dated December 18, 1984 with J. R. Wood
for the development of Parcel 6 of the Santa Ana Auto Mall as a
Chrysler dealership; and
WHEREAS, by a lot line adjustment recorded in the
Official Records of Orange County as Document Number 86-379342
a portion of Parcel 4, as originally established by the subdi-
vision map of the Santa Ana Auto Mall area, was transferred to
and joined with Parcel 5, as originally established by said map,
such that "ParcelS," as hereinafter referenced, is equivalent
to the parcel designated as No.1 on said lot line adjustment
and "Parcel 4," as hereinafter referenced, is equivalent to the
parcel designated as No.2 on said lot line adjustment; and
WHEREAS, by an amendment dated October 15, 1986, the
abovesaid Lease, option and Development Agreement was amended
to substitute Parcels 4 and 5 of the Santa Ana Auto Mall in
place of Parcel 6 as the subject properties of said agreement
and to provide for the development of a Chrysler-Plymouth dealer-
ship on Parcel 4 and an Isuzu dealership on ParcelS, and to
provide that the provisions of said agreement would apply sep-
arately and independently to each of said parcels (which agree-
ment as thus amended is hereinafter referred to as the "Existing
Agreement"); and
WHEREAS, J. R. Wood has acquired Parcel 4 and developed
said parcel as a Chrysler-Plymouth dealership in accordance with
the Existing Agreement and has become entitled to and has received
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RESOLUTION NO. 89-4
PAGE TWO
from the Agency a Certificate of Completion for Parcel 4, so that
the Existing Agreement continues in effect only with regard to
Parcel 5; and
WHEREAS, J. R. Wood now desires to assign his rights
under the Existing Agreement with regard to ParcelS to James
W. Connor for development of said parcel as a Jeep-Eagle dealer-
ship; and
WHEREAS, the Agency is willing to consent to such assign-
ment provided that James W. Connor agrees to an amendment of the
Existing Agreement in certain particulars, including the elimi-
nation of its lease option provision, and that the Agency receives
$70,000 representing the agreed-upon amount of rent due to Agency
for lease of the Property; and
WHEREAS, an amended agreement regarding the disposition
and development of ParcelS enti tied" Amended Dispos i tion and
Development Agreement," incorporating the amendments desired by
the Agency, has been executed by James W. Connor and submitted
for approval by the Agency;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY REDE-
VELOPMENT AGENCY OF THE CITY OF SANTA ANA AS FOLLOWS:
1. The Agency hereby consents to the assignment and dele-
gation by J.R. Wood of his rights and obligations under the Exist-
ing Agreement to James W. Connor on the following conditions:
(a) James W. Connor shall agree to assume said rights
and obligations; and
(b) Such assignment shall not become effective until
such time as the Agency receives $70,000, representing the
agreed-upon amount of rent due to the Agency for lease by
J.R. wood of ParcelS.
The Chairman is authorized to evidence the Agency's consent
by his signature on such document as may be approved as to
form by the Agency's legal counsel as providing for such
assignment, delegation and assumption of rights and obli-
gations under said agreement.
2. The abovesaid "Amended Disposition and Development
Agreement" between the Agency and James W. Connor is hereby
approved and the Chairman is authorized to execute the same on
behalf of the Agency.
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RESOLUTION NO. 89- 4
PAGE THREE
3. The Agency further consents to the future assignment
and delegation of the abovesaid "Amended Disposition and Develop-
ment Agreement" by James W. Connor to a corporation in which he
is majority shareholder, provided such corporation assumes the
obligations of James W. Connor thereunder. The Chairman is
authorized to evidence the Agency's consent by his signature on
such document as may be approved as to form by the Agency's legal
counsel as providing for such assignment, delegation and assump-
tion of rights and obligations under said Agreement.
ADOPTED this ~ day of
by the following vote:
April
, 1989,
AYES:
MEMBE RS: ACOSTA, GRISET, MAY, MCGUIGAN,
NORTON, PULIDO
MEMBERS:
MEMBE RS: YOUNG
NOES:
ABSENT:
ATTEST:
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Cyn hia J. l!Ølson
Executive Director
APPROVED AS TO FORM:
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