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Reso 18-002RESOLUTION NO. OSB 18-002 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE POWAY REDEVELOPMENT AGENCY APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE POWAY REDEVELOPMENT AGENCY AND THE CITY OF POWAY FOR CERTAIN REAL PROPERTY DESCRIBED AS ASSESSOR PARCEL NUMBERS 317-472-12, 317-472-18, 317-472-23, 317- 472-24, AND 317-472-25 PURSUANT TO THE LONG-RANGE PROPERTY MANAGEMENT PLAN AND RELATED ACTIONS WHEREAS, Assembly Bill 26X1, as amended by AB 1484, AB 1585, SB 341, SB 107, and other statutes, together, being referenced below as the "Dissolution Act" dissolved redevelopment agencies and required successor agencies to wind down redevelopment agencies' affairs; WHEREAS, pursuant to the Dissolution Act, all real property owned by the dissolved Poway Redevelopment Agency has been transferred to the control of the Successor Agency to the Poway Redevelopment Agency (the "Successor Agency"); WHEREAS, Health and Safety Code section 34191.5(b) requires the Successor Agency to prepare a long-range property management plan (the "LRPMP") that addresses the disposition and use of the real properties of the former Poway Redevelopment Agency within six months of receiving a "finding of completion;” WHEREAS, Health and Safety Code section 34191.5(b) also requires the Successor Agency to submit the LRPMP to its Oversight Board and the California Department of Finance (the "DOF") for approval; WHEREAS, on December 2, 2015, DOF approved the LRPMP prepared by the Successor Agency and approved by its Oversight Board; WHEREAS, DOF's letter approving the LRPMP provides that "pursuant to HSC section 34191.3(a) the approved LRPMP shall govern, and supersede all other provisions relating to, the disposition and use of all the real property assets of the former redevelopment agency;” WHEREAS, the LRPMP provides for the sale of five (5) real property parcels located south of Poway Road between Bowron Road and Carriage Road in the City of Poway, and shown in the attached Exhibit A – Vicinity Map (collectively the "Properties") and provides for distribution of the proceeds to affected taxing agencies; WHEREAS, one of the subject parcels of the Properties located at 13033 Poway Road is currently occupied and currently leased on a month-to-month basis to Desert Oasis Industrial Lofts, LLC, a California limited liability company for the business Poway Stoway dated as of May 1, 2009 (the "Lease"); Resolution No. OSB 18-002 Page 2 WHEREAS, the Successor Agency desires to sell the Properties to City of Poway for a purchase price of $5,367,000 (the "Purchase Price") based upon a Broker’s Opinion of Value dated December 5, 2015 provided by the City’s consultant, Kosmont Realty Corporation, which represents the undiscounted fair market value of the Properties; WHEREAS, the Successor Agency and the Buyer prepared a proposed Purchase and Sale Agreement which provides for the sale of the Properties to the Buyer for the Purchase Price and which provides that the Buyer would take title to the Properties subject to the Lease; WHEREAS, on January 9, 2018, the Successor Agency to the Poway Redevelopment Agency adopted a resolution recommending approval to the Oversight Board of the Successor Agency of a Purchase and Sale Agreement for the sale of certain real property to the City of Poway pursuant to the Long-Range Property Management Plan, and related actions; WHEREAS, the purchasing of properties by the Successor Agency is exempt from the California Environmental Quality Act (CEQA), pursuant to section 15061(b)(3) of the CEQA Guidelines, in that the sale of property between governmental agencies will not result in an impact on the environment. Future actions regarding the properties will be subject to further environmental assessment; WHEREAS, public notice of the Oversight Board's proposed approval of the sale of the Properties to the City was published in a newspaper of general circulation on January 11, 2018; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the Oversight Board to the Successor Agency of the Poway Redevelopment Agency as follows: Section 1: The foregoing recitals are true and correct and are a substantive part of this Resolution. Section 2: The Oversight Board hereby approves the sale of the Properties from the Successor Agency to the Buyer in the sum of Five-Million, Three-Hundred- Sixty-Seven Thousand Dollars ($5,367,000) pursuant to the Purchase and Sale Agreement presented at this meeting. Section 3: If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, then such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Oversight Board declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution. Section 4: This Resolution shall take effect upon the date of its adoption. Resolution No. OSB 18-002 Page 4 EXHIBIT A Vicinity Map