HomeMy WebLinkAboutRedevelopment Agency - 368 RESOLUTION NO. 368
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 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 Proj ect 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 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;
1 :
06-131/10581'
Agency Resolution No. 368
NOW, THEREFORE, IT IS RESOLVED by the Redevelopment Agency 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 Chairman of the Agency and the Executive Director of the Agency are hereby
authorized to execute the Second Implementation Agreement on behalf of the Agency. A
copy of the Second Implementation Agreement when executed by the Agency shall be
placed in the file of the office of the Agency Clerk.
7. 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 Second Implementation Agreement, and
to administer the Agency's obligations, responsibilities and duties to be performed
thereunder.
Rest of Page Not Used
2 .
06-1.31/10581
Agency Resolution No. 368
PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington
Beach at a regular meeting held thereof on the 17th day of September , 200 7.
OA
Chairma ,
REVIEWED AND APPROVED: APPROVED AS TO FORM:
C"e
V ecutivetbirector 4eral Cou sel vim'
KANE, BALLMER& BERKMAN
Agency Special Counsel
Murray O. Kane
INITIATED AND APPROVED:
Director of Eco evelopment
3 :
06-131/10581
Res. No. 368
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF HUNTINGTON BEACH )
I, JOAN FLYNN, 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 17th day of September, 2007 and that it was so
adopted by the following vote:
AYES: Bohr, Carchio, Coerper, Green, Hansen, Hardy
NOES: None
ABSENT: Cook
ABSTAIN: None
Cle of the Redevelopmeragency
of the City of Huntington Beach, CA