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Res 88-132RESOLUTION NO. 88-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE AGENCY AND PARKWAY PARTNERS; DETERMINING THAT THE CONSTRUCTION AND ACQUISITION OF CERTAIN PUBLIC IMPROVEMENTS ON OR ADJACENT TO THE SITE IS OF BENEFIT TO THE PAGUAY REDEVELOPMENT PROJECT AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED; DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID IMPROVEMENTS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF SAID OWNER PARTICIPATION AGREEMENT WHEREAS, the Poway Redevelopment Agency ("Agency") is authorized to carry out the redevelopment of the Paguay Redevelopment Project Area ("Project Area"); and WHEREAS, 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 improvements; and WHEREAS, the Agency desires to enter into an Owner Participation Agreement ("OPA") with Parkway Partners (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 Agency is required to provide financial support toward the construction of those certain public improvements, referenced in the OPA, particularly the "Public Improvement Acquisition Agreement" (Attachment No. 3 thereto); and WHEREAS, the "Site" (as defined in the OPA) and the immediate 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 along 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 improvements are of benefit to the project area or the immediate 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, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES HEREBY RESOLVE AS FOLLOWS: Section 1: The City Council hereby approves the form of the OPA with the Participant presented at the meeting at which this resolution was adopted. Resolution No. 88332 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 reasonable means of financing the Public Improvements. Section 4: The City Council consents to the provisions of assistance by the Agency for the development of the Public Improvements. PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting thereof this 15th day of November, 1988. ATTEST: Robei'~ Marjoriie~K. Wahlsten, City Clerk STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No88-132was duly adopted by the City Council at a meeting of said City Council held on the 15th day of November, 1988, and that it was so adopted by the following vote: AYES: NOES: NONE ABSTAIN: NONE ABSENT: NONE 6/R/PARKWAY1 - PARKWAY2 BRANNON, HIGGINSON, KRUSE, TARZY, EMERY Marjort'e\K. Wahlsten, City Clerk City o~way