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HomeMy WebLinkAboutRedevelopment Agency - 223 RESOLUTION NO. 223 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING A THIRD AMENDMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, ROBERT L. MAYER, AS TRUSTEE OF THE ROBERT L. MAYER TRUST OF 1982, DATED JUNE 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") is engaged in activities necessary to carry out and implement the Redevelopment Plan for the Main Pier Redevelopment Project Area (the "Project Area") ; and On or about August 15, 1988, 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 described in the Original DDA as "Separate Development Parcel No. 1" ; and - 1 - i 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 The Agency 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 2 - 223 with the public purposes and provisions of applicable state and local law and requirements . NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Huntington Beach as follows : Section 1 : The Agency recognizes that it has received and heard all oral and written objections to the proposed Third Amendment and to any other matters pertaining to this transaction, and that all such oral and written objections are hereby overruled. Section 2 : The Third Amendment is hereby approved. The Chairman of the Agency is hereby authorized to execute the Third Amendment on behalf of the Agency. A copy of the Third Amendment, when executed by the Agency, shall be placed on file in the office of the Secretary of the Agency. Section 3 : The Executive Director of the Agency (or his designee) is hereby authorized, on behalf of the Agency, to sign all documents necessary and appropriate to carry out and implement the Third Amendment and to administer the Agency' s obligations, responsibilities, and duties to be performed under the Third Amendment and related documents . 3 - I 223 PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington Beach at a regular meeting thereof held on the i 6th day of March 1992 . Chairman ATTEST: APPROVED AS TO FORM: • al/� Agency Clerk 1 Agency Attorne REVIEWED AND APPROVED: INITIATED AND APPROVED: Executive Director Director of Economic Development APPROVED AS TO FORM: Agency Special Counsel 4 - Res. No. M 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 16th day of March 1992 and that it was so adopted by the following vote: AYES: Members: Robitaille, Moulton-Patterson, Winchell, Silva, Green, MacAllister, Kell, NOES: Members: None ABSENT: Members: None Clerk of the Redevelopment gency of the City of Huntington Beach, Ca.