HomeMy WebLinkAboutRedevelopment Agency - 284 RESOLUTION NO. 284
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH ADOPTING AN
OPERATIVE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE REDEVELOPMENT AGENCY OF
THE CITY OF HUNTINGTON BEACH
FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT
WHEREAS, the City Council of the City of Huntington Beach(the"City Council") adopted
Ordinance Nos. 2576, 2577, 2578, 2582, and 2743 approving and adopting the Redevelopment Plan for
the Yorktown-Lake Redevelopment Project,the Redevelopment Plan for the Talbert-Beach
Redevelopment Project, the Redevelopment Plan for the Main-Pier Redevelopment Project, the
Redevelopment Plan for the Oakview Redevelopment Project, and the Redevelopment Plan for the
Huntington Center Commercial District Redevelopment Project, respectively; and
The Redevelopment Agency of the City of Huntington Beach(the "Agency") and the City of
Huntington Beach(the"City") entered into a Cooperative Agreement, dated June 20, 1983, by which the
City agreed to provide to the Agency certain assistance and to otherwise cooperate with the Agency in
carrying out redevelopment projects; and
Pursuant to the Cooperative Agreement, the Agency and City Council entered into Operative
Agreements for the Yorktown-Lake, Talbert-Beach, Main-Pier, Oakview and Huntington Center
Redevelopment Projects (the "Constituent Projects"), by which the City provided the Agency with both
administrative and/or technical services, constructed required public improvements and facilities as
appropriate and necessary, and provided funds to carry out the Constituent Projects; and
Said Operative Agreements also identified the terms under which the Agency would reimburse the
City for the associated costs of such services, improvements, facilities and funds; and
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The City Council adopted Ordinance No. 3343 on December 16, 1996 amending and merging the
Constituent Projects into the Redevelopment Plan for the Huntington Beach Redevelopment Project(the
"Huntington Beach Redevelopment Project"); and
It is now necessary and appropriate that the City Council and the Agency enter into a new
Operative Agreement pursuant to the Cooperative Agreement, which will supersede the Operative
Agreements for the Constituents Projects and will apply to the Huntington Beach Redevelopment Project;
NOW, THEREFORE, the Redevelopment Agency of the City of Huntington Beach does resolve
as follows:
Section—I. That the Operative Agreement between the Redevelopment Agency and the City of
Huntington Beach for the implementation of the Huntington Beach Redevelopment Project, attached
hereto as "Attachment A," is approved.
Section 2. That pursuant to the Operative Agreements for the Constituent Projects, the City
provided financial assistance to the Agency, resulting in the following Agency debt to the City, which is
to be carried forward to the Operative Agreement for the Huntington Beach Redevelopment Project:
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Huntington
Beach Project
Main Pier Talbert Beach Oakview Yorktown Lake Huntington Center Area#1 Total
Operative $ 77,086,267 $ 3,512,706 $ 2,500,479 $ 1,461,193 $ 4,994,991 $ $ 89,555,637
Agreement
Debt at
Oct. 1, 1996
Merger of (77,086,267) (3,512,706) (2,500,479) (1,461,193) (4,994,991) 89,555,637
Project Areas
Operative $ 0 $ 0 $ 0 $ 0 $ 0 $89,555,637 $ 89,555,637
Agreement
Debt at
June 30, 1997
Accrued Interest 10/1/96 to 6/30/97 1,232,823 1,232,823
Accrued Interest 7/1/97 to 9/30/97 410,941 410,941
Budgeted Repayments of Debt (1,100,000) (1,100,000)
Other Reductions of Debt (4.902,500) (4,902,500)
Operative Agreement Debt at 9/30/97 $85,196,902 $85,196,902
Section 3. That the Amendments to Operative Agreements for the Constituent Projects, which are
attached to the Operative Agreement for the Huntington Beach Redevelopment Project, are approved. Said
amendments establish, as of the merger of the project areas, the Agency debt to the City in exchange for the
financial assistance the City provided to the Agency for the Constituent Projects. Said Amendments further provide
for the termination of the Operative Agreements, and the carrying forward of the Agency debt from the Operative
Agreements for the Constituent Projects to the Operative Agreement for the Huntington Beach Redevelopment
Project.
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Section 4. The Chairperson and the Agency Secretary are hereby authorized and directed to execute the
agreements approved hereby.
PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington Beach at a regular
meeting thereof held on the 20th day of October , 1997.
Chairperson
ATTEST: APPROVED AS TO FORM:
1A, 4a?;� �
Agency Clerk ge,} y Attorney
IEWED AND APPROVED: INITI p e PRO D:
Executive Director �� Deputy City Ad inistrao�/
Director of Administrat -C,�rvices
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ATTACHMENT A
�2ffT
OPERATIVE AGREEMENT NO. 1
AN AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND THE REDEVELOPMENT AGENCY OF
THE CITY OF HUNTINGTON BEACH
TO IMPLEMENT THE HUNTINGTON BEACH REDEVELOPMENT PROJECT
THIS AGREEMENT is entered into this 20th day of October , 1997, by and
between the CITY OF HUNTINGTON BEACH, a municipal corporation(herein"City") and the
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public entity authorized
to transact business pursuant to the provisions of Section 33000 et seq. of the California Health and Safety
Code (herein"Agency").
WITNF.S_aETH:
WHEREAS, the City Council of the City of Huntington Beach(the "City Council") adopted
Ordinance No. 2576 on September 20, 1982 approving and adopting the Redevelopment Plan for the
Yorktown-Lake Redevelopment Project; and
The City Council adopted Ordinance No. 2577 on September 20, 1982 approving and adopting the
Redevelopment Plan for the Talbert-Beach Redevelopment Project; and
The City Council adopted Ordinance No. 2578 on September 20, 1982 approving and adopting the
Redevelopment Plan for the Main-Pier Redevelopment Project, and thereafter on September 6, 1983 by
Ordinance No. 2634 amended the Redevelopment Plan for the Main-Pier Project; and
The City Council adopted Ordinance No. 2582 on November 1, 1982 approving and adopting the
Redevelopment Plan for the Oakview Redevelopment Project, and thereafter on July 5, 1989 by
Ordinance No. 3002 amended the Redevelopment Plan for the Oakview Project; and
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The City Council adopted Ordinance No. 2743 on November 26, 1984 approving and adopting the
Redevelopment Plan for the Huntington Center Commercial District Redevelopment Project; and
The City and Agency entered into a Cooperative Agreement, dated June 20, 1983, by which the
City agreed to provide to the Agency certain assistance and to otherwise cooperate with the Agency in
carrying out redevelopment projects; and
Pursuant to the Cooperative Agreement, the City Council and Agency entered into Operative
Agreements for the Yorktown-Lake, Talbert-Beach, Main-Pier, Oakview and Huntington Center
Redevelopment Projects (the "Constituent Projects"), by which the City provided the Agency with both
administrative and/or technical services, constructed required public improvements and facilities as
appropriate and necessary, and provided funds to carry out the Constituent Projects; and
Said Operative Agreements also identified the terms under which the City was to be reimbursed
for the associated costs of such services, improvements, facilities and funds; and
The City Council adopted Ordinance No. 3343 on December 16, 1996 amending and merging the
Constituent Projects into the Redevelopment Plan for the Huntington Beach Redevelopment Project(the
"Huntington Beach Redevelopment Project"); and
It is now necessary and appropriate that the City Council and the Agency enter into a new
Operative Agreement pursuant to the Cooperative Agreement, which will supersede the Operative
Agreements for the Constituents Projects and will apply to the Huntington Beach Redevelopment Project;
NOW, THEREFORE,the City of Huntington Beach and the Redevelopment Agency of the City
of Huntington Beach agree as follows regarding City support of the implementation of the Huntington
Beach Redevelopment Project:
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125
Section 1: City shall provide the necessary staff support to carry out the planning, engineering
and administrative activities required to implement the Huntington Beach Redevelopment Project.
Section 2. City shall assist the Agency in carrying out the acquisition of parcels needed to
provide appropriate public improvements and bring about the necessary parcel consolidation as set forth
in the development agreements which will be adopted for the area and convey said parcels and other
appropriate City-owned sites to the Redevelopment Agency at fair-market value.
Section 3. City shall assist in the construction of the required public improvements as set forth
in the development agreements for the area.
Section 4. City shall provide relocation advisory services and assistance to residential tenants
and property owners displaced by the redevelopment activities within the project area.
Section 5. City shall keep such accounting records as will enable the City and Agency to determine
the actual costs incurred and/or monies advanced in association with pursuing the implementation of the
Huntington Beach Redevelopment Project.
Section 6. Prior to the date of this Agreement, the City provided financial assistance to the Agency
pursuant to the Operative Agreements for the Constituent Projects,resulting in the following Agency debt to
the City, which is hereby carried forward to this Operative Agreement for the Huntington Beach
Redevelopment Project:
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Huntington
Beach Project
Main Pier Talbert Beach Oakview Yorktown Lake Huntington Center Areal Total
Operative $ 77,086,267 $ 3,512,706 $ 2,500,479 $ 1,461,193 $ 4,994,991 $ $ 89,555,637
Agreement
Debt at
Oct. 1, 1996
Merger of (77,086,267) (3,512,706) (2,500,479) (1,461,193) (4,994,991) 89,555,637
Project Areas
Operative $ 0 $ 0 $ 0 $ 0 $ 0 $89,555,637 $ 89,555,637
Agreement
Debt at
June 30, 1997
Accrued Interest 10/1/96 to 6/30/97 1,232,823 1,232,823
Accrued Interest 7/1/97 to 9/30/97 410,941 410,941
Budgeted Repayments of Debt (1,100,000) (1,100,000)
Other Reductions of Debt (4,902,500) (4,902,500)
Operative Agreement Debt at 9/30/97 $85,196,902 $85,196.902
In order to carry forward said Agency debt, the City and Agency hereby approve the following
amendments to the Operative Agreements for the Constituent Projects, which are attached hereto as
Exhibits:
1. Amendment No. 15 to Operative Agreement No. 5 Between the City of Huntington Beach and
the Redevelopment Agency of the City of Huntington Beach For Implementation of the
Huntington Center Commercial District Redevelopment Project Area;
2. Amendment No. 15 to Operative Agreement No. 4 Between the City of Huntington Beach and
the Redevelopment Agency of the City of Huntington Beach For Implementation of the
Yorktown-Lake Redevelopment Project Area;
3. Amendment No. 16 to Operative Agreement No. 3 Between the City of Huntington Beach and
the Redevelopment Agency of the City of Huntington Beach For Implementation of the
Oakview Project Area;
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4. Amendment No. 16 to Operative Agreement No. 2 Between the City of Huntington Beach and
the Redevelopment Agency of the City of Huntington Beach For Implementation of the Main
Pier Project Area; and
5. Amendment No. 16 to Operative Agreement No. 1 Between the City of Huntington Beach and
the Redevelopment Agency of the City of Huntington Beach For Implementation of the
Talbert/Beach Project Area.
Said Amendments establish, as of the merger of the project areas, the Agency debt to the City in
exchange for the financial assistance the City provided to the Agency for the Constituent Projects. Said
Amendments further provide for the termination of the Operative Agreements, and the carrying forward of
the Agency debt from the Operative Agreements for the Constituent Projects to this Operative Agreement
for the Huntington Beach Redevelopment Project.
Section 7. City shall be reimbursed for all future costs incurred in carrying out this agreement
with future Agency revenues and the Agency agrees to pay interest to the City at the rate of ten percent
(10%)per annum on the unpaid balance owed the City on the expenditures made.
Section 8. This document has been authorized to be executed by action taken by the
Huntington Beach City Council on Ortnhpr 20 , 1997,by Resolution No. 97-73 , and by
the Redevelopment Agency of the City of Huntington Beach on October 20 , 1997,by
Resolution No. 284 .
Section 9. If any portion or section of this agreement is declared to be unconstitutional or
violative of the California Community Redevelopment Law or other applicable laws of the State of
California,then only that section or portion shall be stricken as agreed upon by both parties. Such
determination of unconstitutionality or unfeasibility shall not affect the remainder of the agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this document as of the date first
above written.
REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH
Chairperson Mayor
ATTEST: EST:
Agency Clerk City Clerk
I TED AND PROVED: ,D ROVED: %f
i'
Dir for of Economic Development Deputy Cit Ad nistrator
APPROVED AS TO FORM: APPROVES:
—Z��- xy-4��� -0
City Attorney/Agency Counsel 6� lity2A4i4nisttor
�ZL
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Exhibit 1
a 8'41
AMENDMENT NO. 15 TO OPERATIVE AGREEMENT NO. 5 BETWEEN
THE CITY OF HUNTINGTON BEACH
AND
THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
FOR IMPLEMENTATION OF
THE HUNTINGTON CENTER PROJECT AREA.
Operative Agreement No. 5 between the City of Huntington Beach and the Huntington
Beach Redevelopment Agency for the implementation of the Huntington Center project area is
hereby amended as follows:
1. Section 5 is amended to read as follows:
SECTION 5 - In addition to the above stated assistance provided by the City to the
Agency, the Agency debt is as follows:
Previous Balance $ 4,994,992
Decrease (4,994-992) Decreased 7/1/96 to 1/16/97
New Balance -0-
2. This amendment terminates Operative Agreement No. 5 for the Huntington Center
Project Area.
Approved by the City Council of the City of Huntington Beach and the Redevelopment
Agency of the City of Huntington Beach at a regular meeting thereof held on the 20th day of
October ,1997.
CITY OF HUNTINGTON BEACH
e.,
Mayor
ATTEST: APPROVED AS TO FORM:
G'�f •
City Clerk -26_ C i r Attopiey
REVIEWED AND APPROVED D� D , OVED:
dity Administrator City Adm' strator/
Administrative Services
SF/s:PCD:Agree:opa-9-97
RLS 97-676
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REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH
11:1� /4��— �
Chairperson
ATTEST: APPROVED AS TO FORM:
4�9� 995EC�
Agency Clerk Ageryy Counsel
REVIEWED AND APPROVED:
Chief Executive Director
SF/sTMAgrecopa-9-97
RIS 97-676
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C2
Exhibit 2
AMENDMENT NO. 15 TO OPERATIVE AGREEMENT NO. 4 BETWEEN
THE CITY OF HUNTINGTON BEACH
AND
THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
FOR IMPLEMENTATION OF THE YORKTOWN/LAKE PROJECT AREA.
Operative Agreement No. 4 between the City of Huntington Beach and the Huntington
Beach Redevelopment Agency for the implementation of the Yorktown/Lake project areas is
hereby amended as follows:
1. Section 5 is amended to read as follows:
SECTION 5 - In addition to the above stated assistance provided by the City to the
Agency,the Agency debt is as follows:
Previous Balance $ 1,461,194
Decrease (1.461,194) Decreased 7/1/96 to 1/16/97
New Balance $ -0-
2. This amendment terminates Operative Agreement No. 4 for the Yorktown/Lake Project
Area.
Approved by the City Council of the City of Huntington Beach and the Redevelopment
Agency of the City of Huntington Beach at a regular meeting thereof held on the 20th day of
October , 1997.
CITY OF HUNTINGTON BEACH
Mayor
ATTEST: APPROVED AS TO FORM:
&j L
City Clerk City Attorney
90YIEWED AND APPROVED ROV
ity Administrator e ty City Administr or/
Administrative Servic
SF/s:PCD:Agree:opa-9-97
RLS 97-676
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REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH
C airperson
ATTEST: APPROVED AS TO FORM:
Agency Clerk Agency Counsel �-
REVIEWED AND APPROVED:
hief Executive Director
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RLS 97-676
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Exhibit 3
a8�
AMENDMENT NO. 16 TO OPERATIVE AGREEMENT NO. 3 BETWEEN
THE CITY OF HUNTINGTON BEACH
AND
THE REDEVELOPMENT AGENCY OF THE CITY OFHUNTINGTON BEACH
FOR IMPLEMENTATION OF THE OAKVIEW PROJECT AREA.
Operative Agreement No. 3 between the City of Huntington Beach and the Huntington
Beach Redevelopment Agency for the implementation of the Oakview project area is hereby
amended as follows:
1. Section 5 is amended by adding the following language to read as follows:
SECTION 5 - In addition to the above stated assistance provided by the City to the
Agency, the Agency debt is as follows:
Previous Balance $ 2,500,479
Decrease (2.500,479) Decreased 10/1/96 to 1/16/97)
New Balance $ -0-
2. This amendment terminates Operative Agreement No. 3 for the Oakview Project Area.
Approved by the City Council of the City of Huntington Beach and the Redevelopment
Agency of the City of Huntington Beach at a regular meeting thereof held on the 20th day of
OctohPr , 1997.
CITY OF HUNTINGTON BEACH
/ 41�
IT
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
if
IEWED AND RqYED ITI VED: /
i
City Administrator eputy City Ad ' strator
Administrative Services
SF/s:PCD:Agree:opa-9-97
RLS 97-676
9/25/97-#2
REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH
Chairperson
ATTEST: APPROVED AS TO FORM:
4' 4� a
Agency Clerk Agen y ounsel
REVIEWED AND APPROVED: O_
f xecutive Director
SF/s:PCD:Agree:opa-9-97
RLS 97-676
9/25/97-#2
Exhibit 4
aS'4�
AMENDMENT NO. 16 TO OPERATIVE AGREEMENT NO. 2 BETWEEN
THE CITY OF HUNTINGTON BEACH
AND
THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
FOR IMPLEMENTATION OF THE MAIN/PIER PROJECT AREA.
Operative Agreement No. 2 between the City of Huntington Beach and the Huntington
Beach Redevelopment Agency for the implementation of the Main/Pier project area is hereby
amended as follows:
1. Section 5 is amended to read as follows:
SECTION 5 -In addition to the above stated assistance provided by the City to the
Agency, the Agency debt is as follows:
Previous Balance $ 79, 086,267
Decreased (79.086.267) Decreased 0/1/96 to 1/16/97
New Balance $ -0-
2. This amendment terminates Operative Agreement No. 2 for the Main/Pier Project Area.
Approved by the City Council of the City of Huntington Beach and the Redevelopment
Agency of the City of Huntington Beach at a regular meeting thereof held on the 20th day of
October , 1997.
CITY OF HUNTINGTON BEACH
Ma or
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney /
IEWED AND AP OV D INI ED D OVED:
Ci Administrator putt' 'i inistrator/
Administrative Services
SF/s:PCD:Agree:opa-9-97
RLS 97-676 '.y/t �t
9/25/97-#2 �
REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH
Chairperson
ATTEST: APPROVED AS TO FORM:
e,e<�
Agency Clerk Agency Counsel
REVIEWED AND APPROVED:
I
xecutive Director
SF/s:PCD:Agree:opa-9-97
RLS 97-676
9/25/97-#2
Exhibit 5
AMENDMENT NO. 16 TO OPERATIVE AGREEMENT NO. 1
BETWEEN THE CITY OF HUNTINGTON BEACH
AND
THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
FOR IMPLEMENTATION OF THE TALBERT/BEACH PROJECT AREA.
Operative Agreement No. 1 between the City of Huntington Beach and the
Redevelopment Agency of the City of Huntington Beach for the implementation of the
Talbert/Beach project area is hereby amended as follows:
1. Section 5 is amended to read as follows:
SECTION 5. In addition to the above stated assistance provided by the City to the
Agency, the Agency debt is as follows:
Previous Balance $ 3,512,706
Decrease (3.512.7061 Decreased 10/1/96 to 1/16/97
New Balance $ -0-
2. This amendment terminates Operative Agreement No. 1 for the Talbert/Beach Project
Area.
Approved by the City Council of the City of Huntington Beach and the Redevelopment
Agency of the City of Huntington Beach at a regular meeting thereof held on the 20th day of
October , 1997.
CITY OF HUNTINGTON BEACH
T Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk �,ti6 ti Atto y
REVIEWED AND APP VED I OVED.
City dministrator eputy City Ad""strator/
Administrative Services
SF/sTMAgrecopa-9-97
RLS 97-676
9/25/97-#2
s
REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH
Chrp��eerrson
ATTEST: APPROVED AS TO FORM:
r {q
Agency Clerk Ag cy C,Q unsel
REVIEWED A APPROVED:
lzcffef Executive Director
SF/s:PCD:Agree:opa-9-97
RLS 97-676
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Res. No. 284
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 an adjourned regular meeting of said Redevelopment
Agency held on the 20th day of October, 1997 and that it was so adopted by the
following vote:
AYES: Members:
Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: Members: None
ABSENT: Members: None
ABSTAIN: Members: None
Clerk of the Redevelopilient Agency
of the City of Huntington Beach, Ca.
G/reso1uti/resbkpg2/Res.281