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Res 89-089RESOLUTION NO. 89-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND AMONG THE POWAY REDEVELOPMENT AGENCY AND ADI PROPERTIES, INC. WHEREAS, the Redevelopment Agency of the City of Poway {the "Agency"} is authorized to conduct redevelopment activities within the Paguay Redevelopment Project Area {the "Project Area"), which activities include the acquisition and conveyance of real property for private development; and WHEREAS, the Agency desires to enter into an Owner Participation Agreement (the "Agreement") with ADI Properties, Inc. a California corporation {the "Participant"), which agreement provides for the development of a certain por- tion of the Project Area as a commercial center and construction of certain public improvements generally situated on the south side of Poway Road between Community and Midland Roads as set forth in greater particularity in the Agreement; and WHEREAS, the Agency and the City Council of the City ("City Council") have conducted a duly noticed joint public hearing regarding the proposed Agreement in accordance with California Health and Safety Code Sections 33431 and 33433; and WHEREAS, the staff report pertaining to the Agreement, which has been on display prior to the joint public hearing in accordance with Section 33433 of the California Health and Safety code, contains a detailed description of the provisions of the Agreement; and WHEREAS, The Agreement provides for the development of a commercial center, including retail, restaurant and office buildings which are a benefit to the project area and are essential to its development according to the Paguay Redevelopment Plan; and WHEREAS, the City Council has reviewed the EIR for this project which was previously certified as being in conformance with CEQA requirements and approved as adequate by the City Council on June 13, 1989; NOW THEREFORE, the City Council of the City of Poway does hereby resolve as follows: Section 1. The City Council finds and determines that the EIR, as pre- viously certified and approved, is adequate for this project. Section 2. The City Council finds and determines, based upon the testi- mony and information presented during the public hearing with respect to the Agreement, that the proposed development is a benefit to the Project Area and is essential to its development according to the Redevelopment Plan. Resolution No. 89-089 Page 2 Section 3. The City Councl] hereby approves the Agreement and a]] of its provisions, including without limitation, the attachments thereto and authorizes the Chairman and the Executive Director to execute all documents referenced in the Agreement and necessary to effectuate the provisions of the Agreement. PASSED, ADOPTED AND APPROVED, by the Ci~j~Council of the City of Poway, California, at a regular meeting thereof this/~3~h day of June, 1989. II~ Carl R. Kruse, Mayor ATTEST: Marjorie )~. 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 No. 89- 089 was duly adopted by the City Council at a meeting of said City Council held on the 13th day of June, 1989, and that it was so adopted by the following vote: AYES: NOES: BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE NONE ABSTAIN: NONE ABSENT: NONE Marjorie l~. Wahlsten, City Clerk City or.ay 6/R/HALEY1 -2