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Res 85-102RESOLUTION NO. 85-102 A RESOLUTION OF THE CITY (I~JNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING AN OWNER PARTICIPATION AGRR~A~gT BY ASD ~ THE AG~N~"Y A~) CF PGWAY LTD.; DET~%MINING THAT T~E CONSTRUCTION ASD ACQUISITION OF CERTAIN PUBLIC IMP~S ON OR ADJACR~T TO THE SITE IS OF B~NEFIT TO THE PAGUAY NR. IGHBORH00D IN WHICH THE PROJECT IS OTH]~{ REASONABLE MEANS OF FINANCING SAID IMPROVfMENTS; A~D AUTHORIZING THE EXECUTION AND DELIVERY OF SAID OWNER PARTICIPATION AG~R~NT WHEREAS, the Poway Redeveloiarent Agency ("~&3ency") is authorized to carry out the redevelopment of the Paguay Redevelopment Project Area ("Project Area"); WHRREAS, the Redevelopment Plan for the Project Area authorizes and directs the Agency to pay all or part of the cost of the acquisition of certain public improv~nents; and WHEREAS, the Agency desires to enter into an Owner Participation Agrc~---ment ("OPA") with CF Poway, Ltd., (the "Participant"), substantially in the form presented to the Agency at the meeting at which this resolution was adopted. WHEREAS, pursuant to the OPA, the ~ency is required to provide financial support toward the construction of those certain public improvements, referenced in the OPA, particularly the "Scope of DeveloIa~ent" (Attachment No. 3 thereto) (the "Public Improvements" ); and WHEREAS, the "Site" (as defined in the OPA) and the inm~Kiiately adjacent area is deficient in respect to infrastructure to such an extent that it is not financially feasible for the necessary improvements to be provided (i) by pri- vate enterprise acting alone or (ii) by means of assessment district without direct Agency contribution toward the efforts of such a district; and WHEREAS, California Health and Safety Code Section 33445 provides that a redevelopment agency may, with the consent of the legislative body, pay all or part of the value of public buildings, facilities, structures or other improve- ments upon a finding that such public improv~Nents are of benefit to the project area or the ~,,,~diate neighborhood in which the project is located and that there are no other reasonable means of financing such public improvements available to the community; NOW, ~RE, THE CITY COUNCIL OF THE CITY OF POWAY DOES HE~RRY RESOLVE AS FOLLOWS: Section 1: The City Council hereby approves the form of the OPA with the Participant presented at the .m=~cting at which this resolution was adopted. Resolution No. 85-102 Page 2 Section 2: The City Council hereby determines that the acquisition, construction and installation of the Public Improvements is of benefit to the Project Area and the surrounding neighborhood in which the project is located. Section 3: The City Council hereby determines that it is appropriate for the Public Improvements to be acquired; or cause the construction and installa- tion of the Public Improvements and that there are no other reaso~ble means of financingthe Public Illprovements. Section 4: The City Council consents to the provision of assistance by the Agency forthedevelo~entof the Public Ia~rovements. PASSED, ADOPTfD AND APPROVED, by the City Council of the City of Poway, California, at an adjourned regular n~-cting thereof this 19th day of December, 1985. Carl R. Kruse, Mayor ~jori%- K. Wahlsten,rCity C~erk ~