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Home My WebLink AboutRedevelopment Agency - 16 RESOLUTION-'-NO. 16 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ADOPTING RULES FOR OWNER PARTICIPANTS AND PROPERTY OWNERS DESIRING TO PARTICIPATE IN REDEVELOPMENT WHEREAS, the Community Redevelopment Law provides in Health and Safety Code Section 33345 that a redevelopment agency shall adopt and make available for public inspection rules to implement the operation of owner participation in connection with the redevelopment plan; and Rules for owner. participation in the project area for the proposed Warner=Goldenwest Small Lot Redevelopment Project were adopted by the Community Redevelopment Commission of the City of Huntington Beach by Commission Resolution No . 5 on July 14 , 1977 ; and The Redevelopment Agency of the City of Huntington Beach desires to adopt, ratify and approve said owner participation rules, NOW, THEREFORE, the Redevelopment Agency of the City of Huntington Beach does resolve that this Agency hereby adopts, ratifies and approves the "Rules for Owner Participants and Property Owners Desiring to Participate in Redevelopment, " attached hereto and as applicable to the proposed Warner- Goldenwest Small Lot Redevelopment Project . PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington Beach at a regular meeting thereof held on the 18th day of July, 1977 • ATTEST : Chairman for the Redevelopment Agency of the City of Huntington s Beach Clerk for the Redevelopment Agency _ M .cs 1 . REVIEWED AND APPROVED: APPROVED AS TO FORM: Chiqt Executive Officer Legal-Advisor INITIATED AND APPROVED AS TO CONTENT: K n-170 ,� . Tanning Director 2 , I i RULES FOR OWNER PARTICIPANTS i AND PROPERTY FRS DESIRING TO PARTICIPATE .IN EVELOPNWNT j i • j I i ARNER--GOLDENW,ST SM LOT REDEVELOP M = PROJECT Adopted by the Comunity Ro4oVelopftwMt Comts$ion, and the Redevelopment Agency of the City of Huntington Read. i 3' RIFLES FOR OWNER PARTTC'TPA..N-rS, BUSINES'S oCCtfPA!iTS AND PROPERTY MUMS DESIRING .TO PARrICIPATE IN I=EVE PMM SECTION I o Purpose and Intent These rules are adopted to implement omner participa- tion provisions of the California Camunity Redevelopment Last, Health and Safety Code Sections 33000 cat. . it is .the intention of the Agency to "-courage and permit participation. in the redevelopment of the Projoct Area by owners of real promtrty and persons enq;aq in business within the tAnda riers of the ojeet Area, to the saximum extent consistent with the objectives of the Bede- veal.opment Plan. SECTION 2 - Definitions As used in these rules: (a) *Redevelopment Plan* means the Redevelopment Plan for the Warner-Goldenwest Small Lot Redevelopment ProjOict as adopted by the City Con it of the City of Huntington Reach. (b) 'Protect Area" means the project area de- scribed in the Redevelopment Plan. (c) 'Agency' means the Redevelopment.Agency of the City of Huntington Beach. (d) `Owner" mans any person# corporation:, association, partnership, or other entity holding title of record to real. property in the project Area can the date of adoption of the Redevelopmnt Plan by the City Cbuncil.. . (,e) *Owner Participant* means an der who has entered into an owner Participation Agrec-ment. (f) "owner Participation Agreement' means an agreement entered into by, an der 111th thee .Acgency 1n accordance with the provislon3 of the Redevel t Plan and these rules. Ile \ I SECTTUN 3 Eligibility An Owner shall be .eligible to participate* in the redevelopment of property within the Project Area in accor- dance with the provisions of the Redevelopment Plan and these rates. SECTION 4 - Participation,-: unities and' Preferences for Owners (a) . In carrying out the Redevelopment Plan the- Agency may acquire certain portions of the Project Area for disposition to a'. single ter for participation and develop- ment in accordance with the Redevelopment Plan. (b) Participation opportunities for Owners are necessarily subject to and limited by the objectives of the Redevelopment Plan and the following factors (1) The type of development proposed for the Project Area; (2)' The suction of the total number of . parcels Within the Project Area; (3) The ability of der Participants to finance the proposed development; and,, (4) The abandonment of streets'. (c) if ccmflicts develop betwe,-en the desires of Owners for particular sites or land uses, the Agency is authorized to establish reasonable priorities and preference aaaong the owners *ci2ordinq to the best means to accomplish the objectives of the Redevelopment Plan. SMTXON 5 - owner Participation Agreements_ (a) Ll�irement. Owners wishing to develop or improve their properties within the Project Area shall- be.. required, as a condition to Agency approval of such develop- anent, to enter into an Owner P irticipation Agratsment. with. the Agency if the Agency determines it is necessary to � a impose upon such property any of the standarft a restrictions and controls of they Redevelopment velopmeent Plan. (b) Notice. Tf the Agency determines that an turner shall be required to enter into an Owner Participation. Agreement, the Agency shall notify the Owner in writing o its intention to require such an agreement and shall 'provide the owner with a copy of the proposed owner 'Partalcipation Agreement. (c) Time to Enter. An diner presented ith an Owner Participation Agreement by the Agency mu t enter into the agreement within a rensonahle period of time as dater- mined by the Agency. . (d). Proof of Qualifications of owner. An Owner must submit proof of his qualifications, including finantcial responsibility*. to carry out the, terms and .provisions of the owner Partiecipation Agreement. (e) R inbu.rsestent of Agency Costs. An owner Participant shall reimburse the Agency for all +cysts '.incurred by the Agency in preparing and implementing the Redevelopment Plan, other than those costs expressly assumed by .i:he Agency in the Owner Participation Agreement. f f j Contents of Agreement. An der Participa- tion Agreement shall obi,igate the toner, his heirs amd successors and assigns and/or a business tenant to devote . the property to the uses specified in the Redevelopownt Plan and abide by all provis io"s and conditions of the R. evel.op-, went Plan for the period of time that the Redevelopment Flan is in force and. effect.' An Owncr Participation Agratiant shall provide that if the owner or designated tenant does not comply with .the terms of the agreement, the Agoncyflin addition to other remedies, may acquire his omperty or any interest therein by any lawftal means, including eminent dc4nain, and the Ae3+cncy may thereafter dispose of tb6 property 7f8/77 nc or interest so acquired in accordance with the Redevelopment Plan. An Owner P'articipatian Agreement shall also contain such other terms and conditions which, in the discretion of tt a Agency,, may be necessary to effectuate the purposes of the Redevelopment Plan, sEcTion 6 Mirki Cation$ on. Acquisition of Property by the Agency The Agency shall not acquire real prerty to he retained and developed by an Owner pursuant to a fully executed Miner participation. Agreement if the Owner fully performs under said agreement. ncr= 7 Preference to Persons ENaged iM Business Within i'ra3+act Area Since the- Project Area is presently vacant land, there are no persons engaged ,in business within the Project Are, and therefore, these rules do not contain rules extondinq reasonable preference to persons who are engaged in business in the project Area to reenter in business within the red*- veie�p d area pursuant to section 33339r5 of the Health_ & safety Code. SE=ON 8 - Amendment of Rules These rules may be modified or amended from time to time by the Agency, provided, .however, that nd h .amend- ment shall retroactively impair t rights of owners who have executed Owner Participation Agreements with the agency in reliance upon these rules as presently constituted. { COMMISSION RESOLU IOU NO. 5 RESOLUTIOK OF THE COMMITY REVZ1%rMDP COMMISSION OF TEW CITY Of HUNTING B�$ � ADOPTING RULES FOR OWNER PARTICIPANTS AND P-ROPFR`i*Y OWNERS DESIRING TO PARnCIPATZ IN MMEVELOPMENT NBER' s, the Community Redevelopment Law provides in Health and Safety Coded Soct-,.ion 33345 that a redevelopment agency shall adopt and make available for public sgE!cti males to implant the operation of owner participation connection with the redovelopment plan; NOW, THEREFORE, the C unity Bede velo nt..'Camtissie of the City of Runtington Beach does 'resolve that this Commission ems hereby admit, as applicable to l:he p posed Warner--Goldenwes Small Lot Redevelopateent iProject r "Rules for Owner participants and progerty' Oars Desiring to Par- ticipate in Rede velopaent4,. in form attached to this ,reso- l.ution R ADOPTED j�h.is 14th day of July j . 1977 by the fo.11awinq vote. AYES NOES hBSENT: ATTEST: Secratarlr Res. No. 16 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, ALICIA M. WENTWORTH, Secretary of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing 'resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at .a meeting of said Redevelopment Agency held on the 18th day of _7 197 7 and that it was so adopted by the following vote: AYES: Members: Bartlett, Wi eder, C nP ( i lihcy $;r�kj® �7 Patti ns6n NOES: Members: None ABSENT: . Members: Shenkman Secrets y o the Redevelopment Agency of the City of Huntington Beach