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HomeMy WebLinkAboutRedevelopment Agency - 208 RESOLUTION NO. 208 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING THE FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND PHILIP AND ROXANNE ZISAKIS 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 the Oakview Redevelopment Project Area (hereinafter referred to as the "Project Area") ; and On November 20, 1989 , the Agency approved a Disposition and Development Agreement (the "DDA" ) between the Agency and Philip and Roxanne Zisakis (the "Developer") , providing for the conveyance of certain property owned by the Agency within the Project Area in the City of Huntington Beach (the "Site") and providing for the development of the Site by Developer; and The Summary Report for the DDA, prepared pursuant to Section 33433 of the California Health and Safety Code and dated October 9, 1989, failed to accurately describe offsite improvements already installed adjacent to the Site and offsite improvements to be installed in conjunction with the Developer ' s development of the Site pursuant to the DDA; and As a result of the failure to accurately describe said offsite improvement expenditures, the purchase price for the Site was overstated; and - 1 - Said deficiency in the Summary Report and its effect on the purchase price was noted by the Developer at the hearing on November 20, 1989; and The Developer indicated at that hearing that he would seek to correct the deficiency and request amendment of the purchase price at a later date, without any assurance from the Agency that it would take action on his request; and A new Summary Report (the "Supplemental Summary Report") has been prepared by the Agency identifying a purchase price of Two Hundred and Fifty-two Thousand, Six Hundred Eighty-Six Dollars ($252, 686) as the correct purchase price (the "Purchase Price") for the Site, taking into account said offsite improvement expenditures; and The Supplemental Summary Report identifies the Purchase Price as representing the fair market value of the Site, assuming the provision of certain perpetual circulation easements, as identified in and as required by, the DDA; and Developer has executed and submitted to the Agency a First Amendment to the DDA (the "Amended DDA") , attached hereto as Exhibit "A" , to purchase the Site at the fair market value identified in the Supplemental Summary Report and to otherwise fulfill his obligations under the DDA; and The Agency has determined that the proposed Amended DDA 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 - 2 - Site in accordance with the purposes and objectives of the Redevelopment Plan and the Redevelopment Project; and The Planning Commission has approved a development on the Site substantially less in size and with fewer parking spaces than provided in the DDA; and The Developer has agreed to forego any claims under the DDA resulting from the reduced scale of the development on the Site; 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 the Amended DDA, following published notice as required by State law; and The Staff report pertaining to the Amended DDA, 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 Amended DDA; and The Amended DDA provides for the participation by Agency in the 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. 3 - The Agency has duly considered all terms and conditions of the proposed sale and believes that the development of the Site pursuant to the Amended DDA is in the best interests of the City and the health, safety, morals and welfare of its residents, and in accords with the public purposes and provisions of applicable State and local 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 Amended DDA; and Pursuant to the California Environmental Quality Act (CEQA) the Agency has reviewed the Environmental Impact Report (the "EIR") for the Project Area, which has been approved and certified by the City of Huntington Beach, and the Agency concurs in the adequacy of said EIR and the findings and conditions in the City' s resolution of approval and hereby determines that the impacts of the project are addressed in that EIR and that the project is, therefore, exempt from environmental review, 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 - 4 - 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 Amended DDA providing for the sale of the Site by the Agency to the Developer as described in the Amended DDA is hereby approved. SECTION 5 . The Chairman and the Agency Secretary are hereby authorized to execute the Amended DDA and any 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 15th day of November 1990 . Chairman ATTEST: qt4c APPROVED AS TO FORM: -4�;� �Fa►'�- "vr'T'V'dY C�"a'e; Agency Clerk Agency Counsel C7k - 1c6--,1$7v INITIATED, REVIEWED AND APPROVED: �t� Executive Director 5 - Res. No. 208 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH) I, CONNIE BROCKWAY, 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 15th day of November 19 90, and that it was so adopted by the following vote: AYES: Members: MacAllister, Winchell , Green, Mays, Silva, Erskine NOES: Members: None ABSENT: Members: Bannister C ^ Clerk of the Redevelopment Agency of the City of Huntington Beach, Ca.