HomeMy WebLinkAboutCity Council - 6357 RESOLUTION NO. 6357
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH CONSENTING TO THE APPROVAL OF A
THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF HUNTINGTON BEACH, ROBERT L. MAYER,
AS TRUSTEE OF THE ROBERT L. MAYER TRUST OF 1982,
DATED DUNE 22, 1982, AS AMENDED, AND WATERFRONT
CONSTRUCTION NO. 1, A CALIFORNIA LIMITED
PARTNERSHIP, AND MAKING OTHER FINDINGS
WHEREAS, the Redevelopment Agency of the City of Huntington
Beach (hereinafter referred to as the "Agency") under the
provision of the California Community Redevelopment Law, is
engaged in activities necessary for the execution of the
Redevelopment Plan for the Main Pier Redevelopment Project Area
(the "Project Area") ; and
On or about August 15, 1188, the Agency and Robert L.
Mayer, as Trustee of the Robert L. Mayer Trust of 1982, dated
June 22, 1982, as amended (the "Developer") , entered into a
Disposition and Development Agreement (the "Original DDA" ) for
the development of certain property in the Project Area (the
"Site") , all as described in the Original DDA; and
On or about April 10, 1989, Developer, Waterfront
Construction No. 1, a California limited partnership
("Waterfront") , and certain affiliated entities entered into an
Assignment and Assumption Agreement pursuant to which Developer
assigned to Waterfront and Waterfront assumed (through a series
of assignments to the affiliated entities) all of Developer' s
right, title, and interest in and to that portion of the Site
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described in the Original DDA as "Separate Development Parcel
No. 1" ; and
On or about June 17, 1991, the Agency and Developer entered
into a First Amendment to Disposition and Development Agreement
(the "First Amendment") ; and
Waterfront has executed a document consenting to the First
Amendment; and
On or about August 1, 1991, the Agency, Developer, and
Waterfront entered into a Second Amendment to Disposition and
Development Agreement (the "Second Amendment" ) (the Original
DDA, the First Amendment, and the Second Amendment being
collectively referred to herein as the "Existing DDA") ; and
The Developer and Waterfront have submitted to the Agency
and the City Council of the City of Huntington Beach copies of
a proposed Third Amendment to Disposition and Development
Agreement (the "Third Amendment") in a form executed by the
Developer; and
The Agency and the City Council of the City of Huntington
Beach have conducted a duly noticed joint public hearing
regarding the proposed Third Amendment in accordance with
California Health and Safety Code Sections 33431 and 33433 ; and
The Section 33433 report pertaining to the Third Amendment
has been on display prior to the joint public hearing in
accordance with Section 33433 of the California Health and
Safety Code; and
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6357
The City has duly considered the proposed Third Amendment
and believes that the terms and conditions set forth therein
are in the best interests of the City of Huntington Beach and
the health, safety and welfare of its residents, and in accord
with the public purposes and provisions of applicable state and
local law and requirements; and
The City has received and considered the report of the
Agency staff on the proposed Third Amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach as follows :
Section 1: The City approves the Third Amendment and
consents to the Agency' s execution thereof . The Mayor and the
City Administrator are authorized and directed to execute such
documents as may be necessary and proper to implement the Third
Amendment.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on
the 16th day of March 1992 .
Mayor
ATTEST: APPROVED AS TO FORM:
ILI
City Clerk City Attorney
Y-�v
REVIEWED AND APPROVED: INITIATED AND APPROVED:
31
i y Administrator Director of Economies c
Development
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6357
Res. No. 6357
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 16th day
of March 19 92 , by the following vote:
AYES: Councilmembers:
- Kel y
NOES: Councilmembers:
None _
ABSENT: Councilmembers:
None
City- er an ex-officioOlerk
of the City Council of the City
of Huntington Beach, California