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AGENCY RESOLUTION NO. 153
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF HUNTINGTON BEACH APPROVING THE SALE
OF REAL PROPERTY IN THE MAIN-PIER REDEVELOPMENT
PROJECT AREA AND AUTHORIZING THE EXECUTION OF AN
OWNER PARTICIPATION AGREEMENT
WHEREAS, the Huntington Beach Redevelopment Agency (hereinafter
referred to as the "Agency" ) under the provisions of the California
Community Redevelopment Law, Section 33000 et seq. of the California
Health and Safety Code, is engaged in activities necessary for the
development of Main-Pier Redevelopment Project Area (hereinafter
referred to as the "Project Area" ) ; and
In order to effectuate the provisions of the Redevelopment Plan
relating to the Project Area, the Agency proposes to sell certain
property owned by it within the Project Area (hereinafter referred
to as the "Site" ) generally described and depicted on the attached
"Site Map" set forth as Exhibit A hereto; and
Mola Development Corporation (hereinafter referred to as the
"Developer" ) has submitted to the Agency a written offer in the form
of an Owner Participation Agreement ( the "Agreement" ) , attached
hereto as Exhibit "B" , to purchase the Site at fair market value and
to develop the Site for uses in accordance with the Redevelopment
Plan (said development as described in the Agreement being
hereinafter referred to as the "Project" ) ; and
The Agency has determined that the proposed Agreement contains
all the provisions, terms and conditions, includes all obligations
required by state and local law, and Developer possesses the
qualifications and financial resources necessary to acquire and
insure development of the Site in accordance with the purposes and
objectives of the Redevelopment Plan and the Project; and
The Agency and the City Council of the City of Huntington Beach
have held a joint public hearing on the proposed sale of the site
pursuant to published notice as required by state law; and
The staff report pertaining to the Agreement, which has been on
display prior to the joint public hearing in accordance with Section
33433 of the California Health and Safety Code, contains a detailed
description of the provisions of the Agreement; and
The Agreement provides for the participation by Agency in the
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cost of installation and construction of certain public
improvements . The Agency finds that:
a. The buildings, facilities, structures, or other
improvements are of benefit to the project area or the immediate
neighborhood in which the project is located; and
b. No other reasonable means of financing such buildings,
facilities, structures, or other improvements are available to the
community.
The Agency has duly considered all terms and conditions of the
proposed sale, including the Agency's obligation to purchase certain
property currently owned by the City according to provision of
Attachment No. 4 to the Agreement, and believes that the development
of the site pursuant to the Agreement is in the best interests of
the City and the health, safety, morals and welfare of its
residents, and in accord with the public purposes and provisions of
applicable state and local law requirements; and
The Agency and the City have received and considered the report
of the Agency staff on the proposed development to be carried out
pursuant to the Agreement; and
The proposed project is exempt from environmental review
because it is in conformance with the Downtown Specific Plan
Environmental Impact Report, pursuant to Sections 15180 and 15182 of
the guidelines implementing the California Environmental Quality Act;
NOW, THEREFORE, the Agency does hereby find, determine, order
and resolve as follows:
SECTION 1. The recitals set forth above are true and correct .
SECTION 2 . The proposed project is exempt from environmental
review.
SECTION 3. The Agency finds and determines that the sale of
the Site at fair market value is justified based upon ( i ) the
upgrading influence that the proposed development will have on the
Project Area and the community; and (ii ) enhanced revenues for the
Agency and the community.
SECTION 4 . The Agreement providing for the sale of the site by
the Agency to the Developer as described in the Agreement is hereby
approved.
SECTION 5. The Chairman and the Agency Secretary are hereby
authorized to execute the Owner Participation Agreement and any
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ancillary deeds and other documents relating thereto and to take any
and all other actions necessary or convenient to give effect to this
resolution.
PASSED AND ADOPTED by the Redevelopment Agency of the City of
Huntington Beach at a regular meeting thereof held on 6th day
of June , 1988 .
Chairman
ATTEST: APPROVED AS TO FORM:
Iz
Agency Clerk Agency Counsel
34
Deputy City Administrator
Special Agency Counse Executive Director
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Res. No. 153
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF HUNTINGTON BEACH)
I,Alicia Wentworth, Clerk 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
6th day of June 19 88 , and that it was so adopted
by the following vote:
AYES: Members:
Kelly, Finley, Erskine, Mays
NOES: Members:
Green, Winchell, Bannister
ABSENT: Members: `
None
lerk o the Redevelopment Agency of
the City, of Huntington Beach, Ca.
153