HomeMy WebLinkAboutRedevelopment Agency - 389 REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
RESOLUTION NO. 389
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 PROPOSED FIFTH IMPLEMENTATION AGREEMENT TO AMENDED
AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT BY
AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH,THE CITY OF HUNTINGTON BEACH,AND MAYER
FINANCIAL, L.P. INCLUDING AN ATTACHED FORM OF LEASE BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH AND THE WATERFRONT HOTEL, 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 and Mayer Financial, L.P., a California limited partnership
("Developer") , are parties to that certain Amended and Restated Disposition and Development
Agreement dated as of September 14, 1998(the"Original Agreement"), as amended by that certain
First Implementation Agreement to Amended and Restated Disposition and Development Agreement
dated as of May 15, 2000 (the "First Implementation Agreement"), that certain Second
Implementation Agreement to Amended and Restated Disposition and Development Agreement dated
as of February 5, 2001 (the"Second Implementation Agreement"),that certain Third Implementation
Agreement to Amended and Restated Disposition and Development Agreement dated as of October
20, 2008 (the "Third Implementation Agreement"), and that certain Fourth Implementation
Agreement to Amended and Restated Disposition and Development Agreement dated as of October
18, 2010 (the "Fourth Implementation Agreement") (the Original Agreement, the First
Implementation Agreement, the Second Implementation Agreement, the Third Implementation
Agreement, and the Fourth Implementation Agreement may hereinafter be referred to together as the
"Existing Agreement"). The Existing Agreement provides for the phased disposition of the"Site"
described therein and the development and operation by Developer on the Site of certain hotel,
residential, and related improvements; and
WHEREAS,Agency,the City of Huntington Beach,and Developer now propose to enter into
a Fifth Implementation Agreement to the Existing Agreement("Agreement")including an attached
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RDA Resolution No. 389
form of lease by and between the Agency and the Waterfront Hotel, LLC. The real property to be
leased pursuant to the form of lease attached to the Agreement ("Property") is within the Merged
Project Area; and
WHEREAS, pursuant to the California Community Redevelopment Law(California Health
and Safety Code Section 33000 et seq.)("CRL"),the Agency and the City Council held a joint public
hearing on the Agreement(including the form of lease attached thereto),having duly published notice
of such public hearing and having made copies of the Agreement and the summary referred to in CRL
Section 33433 ("33433 Report") available for public inspection and copying; and
WHEREAS,the following Environmental Impact Reports and Addenda have previously been
prepared and certified (as applicable) (collectively, the "Environmental Documents"): a Final
Environmental Impact Report for the Project Area;the Final Environmental Impact Report 82-2 for
the Downtown Specific Plan, which was supplemented by a Supplemental Environmental Impact
Report (SEIR 82-2) and addended by an Addendum to SEIR 82-2 prepared in 1998; the Final
Environmental Impact Report 89-6 and the Addendum with a Statement of Overriding Considerations
for the Main-Pier Phase Two Project Area;the Final Environmental Impact Report No. 94-1 for the
City of Huntington Beach General Plan; the Final Environmental Impact Report No. 96-2 for the
merger of Redevelopment Plans/Projects within the City of Huntington Beach;Pacific City EIR No.
02-01; the Newland Street Residential Project EIR No. 2005-01, and the Beach and Edinger
Corridors Specific Plan EIR No. 08-008. Neither the Agreement nor the lease change in any way the
development or land use controls of the project, including without limitation the height, density or
intensity of the project. The proposed Agreement and lease of the Property are included within the
scope of the Environmental Documents in that all of the potential environmental impacts of the
proposed Agreement and lease of the Property are addressed in the Environmental Documents and,
therefore, no further environmental review or documents are required in connection with the
proposed Agreement and lease of the Property; 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,the Agency 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 Redevelopment Agency of the City of
Huntington Beach, California, as follows:
I. The Agency hereby finds and determines that all recitals set forth in this Resolution are true
and correct.
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2. The Agency has received and heard all oral and written objections to the proposed Agreement
(including the form of lease attached thereto) and to this transaction, and all such oral and
written objections are hereby overruled.
3. The Agency hereby finds and determines that the consideration to be received for the lease of
the Property is not less than the fair market value at its highest and best use in accordance
with the Redevelopment Plan, based on, among other reasons, the information contained in
the 33433 Report.
4. The Agency hereby finds and determines that the lease of the Property will assist in the
elimination of blight, based on, among other reasons,the information contained in the 33433
Report.
5. The Agency hereby finds and determines that the lease of the Property is consistent with the
implementation plan adopted pursuant to CRL Section 33490, based on, among other
reasons, the information contained in the 33433 Report.
6. The proposed Agreement(including the form of lease attached thereto)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.
7. The Chairman of the Agency and the Executive Director of the Agency are each hereby
authorized to execute the Agreement(including the form of lease attached thereto)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 as Document No. RDA Resol uti on No. 389.
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RDA Resolution No. 389
8. The Executive Director of the Agency(or his or her designee)is hereby authorized, on behalf
of the Agency, to sign all documents necessary and appropriate to carry out and implement
the Agreement(including executing the form of lease attached thereto), and to administer the
Agency's obligations, responsibilities and duties to be performed thereunder.
Approved and adopted this 16tday of May , 2411.
0
Chai an
ATTEST: APPROVED AS TO FORM:
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Yy
gency Clerk gency General Counsel
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Res. No. 389
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 May 16, 2011 and that it was so adopted by the following
vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer
NOES: Boardman
ABSENT: None
ABSTAIN: None
90P�)—
CI of the Redevelopme Agency
of the City of Huntington Beach, CA