HomeMy WebLinkAboutCity Council - 2007-37 RESOLUTION NO. 2007-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, APPROVING AND
MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND
SAFETY CODE SECTION 33433 FOR A SECOND
IMPLEMENTATION AGREEMENT TO OWNER
PARTICIPATION AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON
BEACH AND BELLA TERRA ASSOCIATES
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
WHEREAS, Agency proposes to enter into a Second Implementation Agreement("Second
Implementation Agreement") with Participant, which supplements, modifies or incorporates by
reference the terms of that certain Owner Participation Agreement by and between Agency and
Huntington Center Associates, LLC, (the "Original Participant") dated as of October 2, 2000 (the
"OPA"), as previously supplemented by that certain First Implementation Agreement dated as of
August 4, 2005 (the OPA, the First Implementation Agreement and the Second Implementation
Agreement shall be collectively referred to herein as the"Agreement"); and
WHEREAS,That certain real property within the boundaries ofthe Merged Project Area set
forth with particularity in the Agreement (the "Property")was recently conveyed by the Original
Participant to Bella Terra Associates, LLC (the " Participant") pursuant to an Assignment and
Assumption Agreement approved by the Agency; and
WHEREAS,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 Second Implementation Agreement,having duly published notice of such public hearing and
having made copies of the proposed Second Implementation Agreement and other reports and
documents(including the summary referred to in Section 33433)available for public inspection and
copying; and
WHEREAS,the City Council 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;
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Resolution No. 2007-37
NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Huntington
Beach, California, as follows:
1. All recitals set forth in this resolution are true and correct.
2. The consideration from Participant under the Agreement is not less than the fair reuse value
at the use and with the covenants and conditions and development costs authorized by the
Second Implementation Agreement for, among other reasons, the reasons set forth in the
33433 Summary.
3. The implementation of the Agreement, as amended by the Second Implementation
Agreement, will assist in the elimination of blight in the Merged Project Area.
4. The implementation of the Agreement, as amended by the Second Implementation
Agreement, is consistent with the implementation plan adopted by the Agency pursuant to
Section 33490 of the Health and Safety Code.
5. The proposed Second Implementation 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.
6. The City Council hereby authorizes the City Clerk to deliver a copy of this Resolution to the
Executive Director and members of the Agency. A copy of the Second Implementation
Agreement when executed by the Agency shall be placed on file in the office of the City
Clerk.
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Resolution No. 2007-37
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting held thereof on the 17th day of September , 2007.
Mayor
REVIEWED AND APPROVED APPROVED AS TO FORM:
ty Ad inistrator ty Attorn
KANE, BALLMER& BERKMAN
Special Counsel
Murray O. Kane
INITIATED AND APPROVED:
Director of Econow Development
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Res. No. 2007-37
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN 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 17th day of September, 2007 by the
following vote:
AYES: Bohr, Carchio, Coerper, Green, Hansen, Hardy
NOES: None
ABSENT: Cook
ABSTAIN: None
City erk and ex-officio 09rk of the
City Council of the City of
Huntington Beach, California