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Home My WebLink About526ORDINANCE NO. 526 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT NO. 1 (1993) CONCERNING PROPERTY LOCATED AT 400 EAST LIVE OAK AVENUE, IRWINDALE, CALIFORNIA (THE L.A. INTERNATIONAL MARKETPLACE). WHEREAS, pursuant to Government Code Section 65864, et sea., on June 24, 1993, the City Council of the City of Irwindale adopted Ordinance No. 469 approving Development Agreement No. 1 (1993) Concerning Property Located at 400 East Live Oak Avenue, Irwindale, California (the L.A. International Marketplace); and WHEREAS, the parties to the Development Agreement desire to amend the Development Agreement as set forth in Amendment No. 2, attached hereto as Exhibit "A"; and WHEREAS, on March 5, 1998, the Planning Commission of the City of Irwindale held a duly noticed public hearing concerning the proposed Amendment No. 2, and has recommended that the City Council approve Amendment No. 2; and WHEREAS, the City Council has conducted a duly noticed public hearing concerning the approval of Amendment No. 2, and such hearing was concluded prior to the adoption of this Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF IRWINDALE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Amendment No. 2 to Development Agreement No. 1 (1993) Concerning Property Located at 400 East Live Oak Avenue, Irwindale, California, attached hereto as Exhibit "A," is approved. SECTION 2. That Amendment No. 2 is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as a minor alteration to a land use limitation under Section 15305 of the CEQA Guidelines. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance, or any part thereof, is held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional. 582/048193-0018/3152890.1 M05/26/98 - 1 - ORDINANCE NO. 526 SECTION 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 5. Publication. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and shall cause the same or a summary thereof to be published in accordance with Government Code Section 36933, in a newspaper of general circulation which is hereby designated for that purpose. PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Irwindale this 12th day of May, 1998. do,Jf a �2r MAYOR, CITY OF IRWIYDALE ATTEST: / Zk CITY CLERK-,CITF OF IRWINDALE STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF IRWINDALE ) I, Robert Gr" -e City Clerk of the City of Irwindale, California, do hereby certify that the foregoing Ordinance was duly introduced on the 26th day of April, 1998, and adopted by the City Council of the City of Irwindale at a regular meeting held on the 12th day of May, 1998, and that the same was adopted by the following roll call vote: AYES: COUNCILMEMBERS: Castellanos, Tapia, Mayor Almazan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Chavez ABSTAIN: COUNCILMEMBERS: Miranda CITY CLERK, -CITY OF IRWINDALE 582/048193-0018/31528901 m05/26/98 -2- ORDINANCE NO. 526 t ' RECORDING REQUEST BY WHEN RECORDED MAIL TO NAME Robert Griego MAIUND City Clerk ADDRESS City of Irwindale 5050 N. Irwindale Avenue CITY. CE ZIP CODE Irwindale, CA 91706 oDE EXHIBIT "A" 1 ♦ • 1:21 PAS OCT 13 1998 SPACE ABOVE THIS LINE RESERVED FOR R7DAKF2 _ 2 STITLES) _ AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT NO. 1 (1993) CONCERNING PROPERTY LOCATED AT 400 EAST LIVE OAK AVENUE, IRWINDALE, CALIFORNIA A428 6/9 Recorded At: the Request of and When Recorded Mail to: Robert Griego City Clerk City of Irwindale 5050 N, Irwindale Avenue Irwindale, CA 91706 AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT NO. 1 (1993) CONCERNING PROPERTY LOCATED AT 400 EAST LIVE OAK AVENUE, IRWINDALE, CALIFORNIA THIS AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT NO. 1 (1993) CONCERNING PROPERTY LOCATED AT 400 EAST LIVE OAK AVENUE, IRWINDALE, CALIFORNIA is made and entered into as of the "Effective Date" set forth herein by and between NUWAY INDUSTRIES, INC., L.A. INTERNATIONAL MARKETPLACE, INC. and OAK KNOLL GROUP, INC., (collectively "Developer") and the CITY OF IRWINDALE, a municipal corporation organized and existing under the laws of the State of California ("City"). W I T N E S S E T H A. Recitals. (i) Pursuant to Government Code Section 65864, et sea., on June 24, 1993, the City Council of City adopted Ordinance No. 469 approving Development Agreement No. 1 (1993) Concerning Property Located at 400 East Live Oak Avenue, Irwindale, California ("Development Agreement"), which became effective on July 25, 1993. (ii) On January 15, 1996, the City Council of City adopted Ordinance No. 503 approving Amendment No. 1 to the Development Agreement. (iii) City and Developer desire to amend the Development Agreement to extend the time limit for the commencement of construction of the raceway project, and to require future amendments to the Development Agreement for any new use or reactivation of any previously approved use that has been suspended or discontinued. (iv) On May 12, 1998, the City Council of City adopted Ordinance No. 526 approving this Amendment No. 2 to the Development Agreement, and said Ordinance became effective on June 12 1998. 98 1868989 582/048193-0018/3152894.1 x05/ U% - 1 - B. Amendment No. 2 to Development Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Amendment to Section 7. Section 7 of the Development Agreement hereby is amended to read in its entirety as follows: "The Developer shall submit plans and respond to requested plan revisions such that a building permit can be issued for the construction of the raceway facilities, including the grandstands, administration building, concession stands, acoustical walls, and other ancillary structures within two (2) years and six (6) months of the effective date of Amendment No. 1. Notwithstanding any other term or provision hereof, Developer shall complete all ;f 4'ai'd construction within one (i) year following the date upon which construction of the racetrack and related facilities commences. Failure to construct the racetrack and related facilities in a timely fashion shall cause approval thereof pursuant to Amendment No. 1 to be void and of no further force and effect." 2. Amendment to Section 11. Section 11 of the Development Agreement hereby is amended to read in its entirety as follows: "Those uses allowed on the Site shall be as set forth in Exhibit "C" hereto. Notwithstanding the foregoing, an amendment to this Agreement shall be required for any new use not permitted under this Agreement, or for the reactivation of any prior use that has been discontinued or has been suspended for a period of six consecutive months." 3. Severabilitv. If any provisions of the Development Agreement as amended hereby shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired thereby, 4. Survival of Provisions. Except as specifically modified herein, each and every term and provision of the Development Agreement shall remain in full force and effect. 5. Effective Date. The "Effective Date" of this Amendment No. 2 shall mean the effective date of the City's Ordinance approving this Amendment No. 2. 6. Recordation. This Amendment shall be recorded in the Official Records of the County Recorder of the County of Los Angeles within ten (10) business days following the Effective Date. 98 1868989 582/148193-0018/3152894.1 x05121/98 - 2 - IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Effective Date set forth herein above. "CITY" ATEST, Robert GriLrqo,City Clerk APPROVED AS TO FORM: RUTAN & T K David J es ire City Att ey CITY OF IRWINDALE, a municipal) corporation Ma uel E. Almazan, Oayor "DEVELOPER" NUWAY INDUSTRIES, INC. AN � Tile: 7/'GSl�yJ ig L.A. INTER TIONAL MARKETPLACE, INC. Title: OAK KIJQLL GROUP, INC. Tit 1 [END OF SIGNATURES] 582/048193-0018/3152894.1 W5121/98 - 3 - 98 1868989 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 age State ofx\01,\ toffs va_J County of WS On before me,4t�y�C.,��o DATE NAME, TITLE OF OFFICER - E.G., 'JANE DdE, NOTARY PUBLIC" personally appeared NAME(S) OF SIGNER(S) personally known to me - ia of settisfeetemy Ovidence to be the person( whose name(a) is#Rs subscribed to the within instrument and ac- knowledged to me that he/gheAhey executed the same in his/r authorized ] 1tHBIP.u5IX [ capacity(kwj, and that by his/IFQTA* Sh coneM.,f tt161J6fi y tdotagl :1021a6feca signature(s) on the instrument the=pv=m%*, LOS ANGELES COUNN My Comm. ExphaFES I&19W a5r the entity upon behalf of which the person(A) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER PaS\c\.ouX\r TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) 1 DESCRIPTION OF ATTACHED DOCUMENT NUMBE F PAGE �j D tE OF D DATE OF DOCUMENT INA& r SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 98 1868989 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of Q_.OJ.cc :o - County of VpS On �wab% \%'Why, before me,DATt �ylcy�Q.�4C��y a��ar�\. NAME, TITLE OF OFFICER - E.G.. -JAN DO ,NOTARY PUBLIC' personally appeared -_" z!j s ASS[ ger . NAMES) OF SIGNER(S) personally known to me - GPr— to be the personW whose name( is/a:m subscribed to the within instrument and ac- knowledged to me that he/spec executed the same in his/hss�ar authorized HELEN P. LEEK capacity(OvO, and that by his/b&dtheir c. Molory o'�c1a9ra la signature(* on the instrument � LOS ANGELES COUNIY C the entity upon behalf of which the Q My comm. EM*es FEB 13.1999 person(H) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL C RPORATE\\OFFICER `CSIS\C�tl TITLE(S) ❑ PARTNER(S) ❑ LIMITED El GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF NUKhBER OF a DATE OF DOCUMENT '�lti4avy't �'� o t SIGNER(S) OTHER THAN NAMED 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmcl Ave.. P.O. Box 7184 • Canoga Park, CA 91309-7184 98 1868989