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Res 10-044RESOLUTION NO. 10 -044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA MAKING REQUIRED STATUTORY FINDINGS PURSUANT TO GOVERNMENT CODE 65402 IN CONNECTION WITH THE POSSIBLE ACQUISITION BY THE POWAY REDEVELOPMENT AGENCY OF CERTAIN REAL PROPERTY LOCATED WITHIN THE PAGUAY REDEVELOPMENT PROJECT AREA WHEREAS, pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.; the "Redevelopment Law "), the City Council (the "City Council ") of the City of Poway (the "City') has adopted, and the Poway Redevelopment Agency (the "Agency ") is responsible for implementing the Amended and Restated Redevelopment Plan for the Paguay Redevelopment Project Area adopted by the City Council of the City of Poway by Ordinance No. 117 on January 12, 1984, as amended by Ordinance No. 414 on July 14, 1993, as amended by Ordinance No. 439 on January 13, 1995, as amended by Ordinance No. 593 on January 1, 2004, as amended by Ordinance No. 605 on September 16, 2004, as amended by Ordinance No. 611 on November 25, 2004, as amended by Ordinance No. 641 on August 17, 2006, and as further amended by Ordinance No. 657 on July 12, 2007 (as amended from time to time, the 'Redevelopment Plan "); and WHEREAS, to assist in implementing the Redevelopment Plan, the Agency on December 15, 2009 adopted a five -year implementation plan (the "Implementation Plan ") pursuant to Section 33490 of the Redevelopment Law; and WHEREAS, Pinnacle Realty of Louisiana, L.L.C., a Louisiana limited liability company ( "PRL ") owns and operates the Toyota of Poway auto dealership located at 13760 Poway Road, Poway, California. WHEREAS, on January 29, 2010, PRL entered into that certain Sale of Real Estate Contract, as amended by a First Amendment to Sale of Real Estate Contract dated March 4, 2010, as further amended May 2010 by holographic amendment to that certain First Amendment to Sale of Real Estate Contract dated March 4, 2010, as further amended by that certain Second Amendment to Sale of Real Estate Contract dated July , 2010 (collectively the "Purchase Agreement ") with Chrysler Group Realty Company, LLC, a Delaware limited liability company (the "Seller "), for the purchase of certain real property and improvements located at 13655 Poway Road, Poway, California (the "Property ") as more particularly described in the attached Exhibit A, for the purchase price of Two Million Eight Hundred Thousand Dollars ($2,800,000) (the "Purchase Price "). WHEREAS, in furtherance of the Paguay Redevelopment Plan, the Implementation Plan, and the City General Plan, the Agency desires to cause redevelopment and rehabilitation of the Property, which a California affiliate of PRL will develop together with the two adjoining parcels of real property located on 13611 and 13631 Poway Road, Poway, California (the 'PRL Property "). The Property and the PRL Property will hereinafter collectively be referred to as the "New Toyota Site." The redevelopment of the New Toyota Site will include the rehabilitation of approximately 45,000 square feet of existing buildings, landscaping and other site improvements, Resolution No. 10 -044 Page 2 include an upgrade of up to 10,000 square feet of new building area that may be added, in order to reestablish automobile sales and service uses on the New Toyota Site (the "Project "); and WHEREAS, in accordance with Sections 33391(a) of the Redevelopment Law, the Agency desires to enter into the certain Assignment and Assumption Agreement (the "Assignment Agreement ") with PRL, substantially in the form on file with the Agency Secretary, pursuant to which, among other matters, the Agency will accept the assignment of PRL's right to purchase the Property pursuant to the Purchase Agreement. WHEREAS, the Agency has placed on file a copy of the Assignment Agreement and Purchase Agreement, and has made those agreements available for public inspection and copying; and WHEREAS, by this resolution the City Council, acting in its capacity as the City's "planning agency," pursuant to the requirements of Government Code Section 65402 desires to make the findings, determination and report that the location, purpose and extent of the proposed acquisition of the Property in accordance with the Assignment Agreement and Purchase Agreement conforms to the City's General Plan; and WHEREAS, the following additional materials (collectively, the "Supporting Documents ") have been presented to and considered by the City Council in support of the findings and approvals set forth in this Resolution: (1) the staff report of July 6, 2010 accompanying this Resolution; (2) the Purchase Agreement; and (3) the Assignment, Agreement. The Supporting Documents are hereby incorporated by reference in this Resolution and, together with the above recitals (the "Recitals "), form the evidentiary basis and establish the analytical route for reaching the ultimate findings and conclusions contained in this Resolution. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby finds that the above Recitals are true and correct and have served, together with the Supporting Documents, as the basis for the findings and approvals set forth below. BE IT FURTHER RESOLVED, that the City Council, acting in its capacity as the City's "planning agency," pursuant to the requirements of Government Code Section 65402 hereby finds and determines and reports that the location, purpose and extent of the proposed acquisition of the Property in conformance with the Assignment Agreement and Purchase Agreement conforms to the City's General Plan. This finding, determination, and report is based on the facts and analysis set forth in the Recitals and the Supporting Documents, which may be briefly synopsized as follows: 1. The General Plan designation for the use of the Property is automotive /general commercial; and 2. The scope of the Project being negotiated pursuant to the Assignment Agreement is consistent with the General Plan designation for the Property. Resolution No. 10 -044 Page 3 BE IT FURTHER RESOLVED, that nothing in this Resolution shall affect the City's policy discretion in granting or denying the Planning Approvals related to the Property or any other portion of the New Toyota Site. BE IT FURTHER RESOLVED, that the City Council hereby designates the City Clerk as the custodian of the documents and other material which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the City Clerk's Office at 13325 Civic Center Drive, Poway, California 92064. BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect from and after its passage. PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway at a regular meeting thereof this 6th day of July, 2010- Don Higginson, Mayor ATTEST: Lin royan, MMC, City erk Resolution No. 10 -044 Page 4 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 10 -044 was duly adopted by the City Council at a meeting of said City Council on the 6'h day of July 2010, and that it was so adopted by the following vote: AYES: BOYACK, CUNNINGHAM, MULLIN, KRUSE, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE da Troyan, MMC, City Clerk Exhibit A CHRYSLER SITE 13655 Poway Road