HomeMy WebLinkAboutCity Council - 2008-64 CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
RESOLUTION NO. 2008-64
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 SIXTH
IMPLEMENTATION AGREEMENT TO 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 Area of Huntington Beach("Merged Project Area");
and
WHEREAS, Agency proposes to enter into a Sixth Implementation Agreement ("Sixth
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, as previously
supplemented by that certain First Implementation Agreement dated as of April 6,2000,that certain
Second Implementation Agreement entered into between the Agency and CIM Group, LLC dated
March 5,2001,that certain Third Implementation Agreement entered into between the Agency and
CIM/Huntington, LLC dated October 30, 2002, that certain Fourth Implementation Agreement
entered into between the Agency and CIM/Huntington, LLC dated as of September 15, 2003, and
that certain Fifth Implementation Agreement entered into between the Agency and CIM/Huntington,
LLC dated as of July 19, 2004 (collectively, the "DDA"); and
WHEREAS, pursuant to the DDA, the Agency transferred to Developer that certain real
property within the boundaries of the Merged Project Area set forth with particularity in the DDA
(the "Property"); 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 Sixth Implementation Agreement, having duly published notice of such public hearing and
having made copies of the DDA and proposed Sixth Implementation Agreement and other reports
Council 33433 Resol(2)
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Resolution No. 2008-64
and documents(including the summary referred to in Section 33433 ["33433 Report"])available for
public inspection and copying; and
WHEREAS, the City 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; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Huntington
Beach, California, as follows:
I. All recitals set forth in this resolution are true and correct.
2. The consideration received by the Agency for the transfer of the Property is not less than the
fair reuse value of the Property determined at the use and with the conditions,covenants,and
development costs required by the DDA(including the Sixth Implementation Agreement),
based on among reasons, the information contained in the 33433 Report.
3. The transfer of the Property to the Developer pursuant to the DDA (including the Sixth
Implementation Agreement) will assist in the elimination of blight in the Merged Project
Area, based on among reasons, the information contained in the 33433 Report.
4. The City Council hereby finds and determines that the transfer of the Property pursuant to the
DDA(including the Sixth Implementation Agreement)is consistent with the implementation
plan adopted pursuant to Section 33490 of the Health and Safety Code, based on among
reasons, the information contained in the 33433 Report.
5. The proposed Sixth Implementation Agreement is hereby approved in substantially the form
presented at this meeting,with-such-minor non-substantive changes as may be approved..by
the Executive Director of the Agency with the approval as to form by the Agency General
Counsel.
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HI
Council 33433 Resol(2)
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Resolution No. 2008-64
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 Sixth Implementation
Agreement when executed by the Agency shall be placed on file in the office of the City
Clerk.
Approved and adopted this 3rd day of November2008.
Mayor
ATTEST: APPROVED AS TO FORM:
�- L- Ls�'� iu q o8
ity ClerkCity Attorney I��alC�6
APPROVED AS TO FORM:
Kane, Ballmer&`Berkman
Special Counsel
Council 33433 Resol(2)
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Res. No. 2008-64
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 November 3, 2008 by the following vote:
AYES: Hansen, Bohr, Cook, Coerper, Green, Carchio
NOES: Hardy
ABSENT: None
ABSTAIN: None
Cit lerk and ex-officio erk of the
City Council of the City of
Huntington Beach, California