HomeMy WebLinkAboutRedevelopment Agency - 339 RESOLUTION NO. 339
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH, CALIFORNIA, APPROVING AND
MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND
SAFETY CODE SECTION 33433 FOR A THIRD IMPLEMENTATION
AGREEMENT TO THE DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH AND CIM/HUNTINGTON, LLC
WHEREAS, the Redevelopment Agency of the City of Huntington Beach ("Agency") is
engaged in activities necessary to execute and implement the redevelopment plan("Redevelopment
Plan")for the Merged Redevelopment Project Areas of Huntington Beach(collectively,the"Merged
Project Area"); and
Agency proposes to enter into a Third Implementation Agreement ("Implementation
Agreement") with CIM/Huntington, LLC ("Developer") which supplements, modifies or
incorporates by reference the terms of that certain Disposition and Development Agreement by and
between Agency and Developer,dated as of June 17, 1999(the"DDA"),as previously supplemented
by that certain First Implementation Agreement dated as of April 6, 2000 and that certain Second
Implementation Agreement dated as of March 5,2001 (the DDA as amended, and the First, Second
and Third Implementation Agreements shall be collectively referred to herein as the"Agreement");
and
Pursuant to the Agreement, the Agency proposes to transfer to Developer that certain real
property within the boundaries of the Merged Project Area set forth with particularity in the
Agreement (the "Property"); and
Pursuant to the California Community Redevelopment Law (California Health and Safety
Code, Section 33000 et seq.) the Agency and the City Council held a joint public hearing on the
Agreement, having duly published notice of such public hearing and having made copies of the
proposed Agreement and other reports and documents(including the summary referred to in Section
33433) available for public inspection and copying; and
The Agency has duly considered all terms and conditions of the proposed transaction, and
believes that it is in the best interests of the Merged Project Area and 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 and requirements;
NOW, THEREFORE, IT IS RESOLVED by the Redevelopment Agency of the City of
Huntington Beach, California, as follows:
Section 1. All recitals set forth in this resolution are true and correct.
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Section 2. The consideration to be received by the Agency for the transfer of the Property
is not less than the fair reuse value and fair market price of the Property determined at the use and
with the conditions, covenants, and development costs required by the Agreement.
Section 3. The transfer of the Property to the Developer pursuant to the Agreement will
assist in the elimination of blight in the Merged Project Area.
Section 4. The Agency hereby finds and determines that the transfer of the Property
pursuant to the Agreement is consistent with the implementation plan adopted pursuant to Section
33490 of the Health and Safety Code.
Section 5. The Agency hereby finds and determines that the Agency's use of its authority
under Health and Safety Code Section 33421 in carrying out the provisions of the Agreement is
necessary to effectuate the purposes of the Redevelopment Plan.
Section 6. The proposed Agreement is hereby approved in substantially the form
presented at this meeting,with such minor changes as may be approved by the Executive Director of
the Agency with the approval as to form by the Agency General Counsel.
Section 7. The Chairman of the Agency and the Executive Director of the Agency are
hereby authorized to execute the Agreement on behalf of the Agency. A copy of the Agreement
when executed by the Agency shall be placed on file in the office of the Agency Clerk.
Section 8. The Executive Director of the Agency(or his designee)is hereby authorized,
on behalf of the Agency,to sign all documents (including but not limited to grant deeds)necessary
and appropriate to carry out and implement the Agreement, and to administer the Agency's
obligations, responsibilities and duties to be performed thereunder.
PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington
Beach at a regular meeting held on the 21st day of October , 2002.
Chairperson
ATTEST: APPROVED AS TO FORM:
Agency Seefe+ezrf Cie-r/< en y General Counsel,o I'o
REVIEWED AND APPROVED: REVIEWED AND APPROVED:
Agency erector Director of Economic Development
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Res. No. 339
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
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 regular
meeting of said Redevelopment Agency held on the 215t day of October
2002, and that it was so adopted by the following vote:
AYES: Green, Dettloff, Winchell, Bauer
NOES: Boardman, Cook
ABSENT: Houchen (out of room)
ABSTAIN: None
Clerk of the Redevelopmen Agency
of the City of Huntington Beach, CA