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Res 91-039RESOLUTION NO. 91-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY APPROVING A FIRST AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE POWAY REDEVELOPMENT AGENCY AND POWAY LAND INC. WHEREAS, the Poway Redevelopment Agency (the "Agency") and PowayLand, Inc. (the "Developer") entered into a certain Owner Participation Agreement, dated June 27, 1989 (the "OPA") for the acquisition and development of a certain portion of the Paguay Redevelopment Project Area (the "Project Area"); and WHEREAS, the Developer and the Agency are proceeding to perform their respective obligations pursuant to the OPA; and WHEREAS, the Developer and the Agency desire to approve an amendment to the OPA (in the form attached hereto as Attachment "A") incorporated herein, which constitutes the "Amendment") to supplement and modify the terms of the OPA; and WHEREAS, the Redevelopment Plan for the Project Area authorizes and directs the Agency to pay all or part of the value of the acquisition and construction of public improvements, which are enumerated in materials referenced in the Redevelopment Plan; and WHEREAS, the Agency desires to contribute toward the cost of the public improvements enumerated in the OPA and in this Amendment; and WHEREAS, California Health and Safety Code Section 33445 provides that the Redevelopment Agency may, with the consent of the legislative body, pay all or part of the value of public building, facilities, structures or other improvements 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 is no other reasonable means of financing such public improvements available for the community. NOW, THEREFORE, the City Council of the City of Poway does resolve as follows: Section 1: The EIR prepared with respect to the Project (and all undertakings pursuant thereto) which was certified and approved by the City Council pursuant to Resolution No. 89-088, is hereby certified and approved to be adequate for this Amendment as there are no material changes which would have an environmental effect. Resolution No. 91-039 Page 2 Section 2: The City finds and determines that: (a) the approval of the Amendment will promote the objectives of the Redevelopment Plan and promote the health, safety and welfare of the citizens of the City of Poway; and (b) the Amendment is consistent with the orderly development of the improvements to be provided by the Developer pursuant to the OPA. Section 3: Pursuant to Health and Safety Code Section 33445; (i) the provision of the improvements is of benefit to the Project Area and the neighborhood in which such improvements are to be situated; and (ii) no other reasonable means of financing the improvements are available to the City of Poway. Section 4: The City Council finds that the use of 20- percent set-aside funds to satisfy the Agency obligations are for the purpose of increasing and improving the community's supply of low and moderate income housing available at affordable housing cost as pursuant to California Health and Safety Code Section 33334.2. Section 5: The City Council approves the Amendment in the form of Attachment "A" and authorizes and directs the Chairman and the Executive Director of the Agency to execute that Amendment and such other documents as may be determined by the City Attorney to be necessary or appropriate to effectuate the OPA as now amended. PASSED, ADOPTED AND APPROVED, by the City Council of Poway, California, at a regular meeting thereof this 23rd day of April , 1991. Ja Imith, Mayor ATTEST: Mar~o Wahlsten, City Clerk Resolution No. 91~]39 Page 3 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the Cit~ of Poway, do hereby certify the foregoing Resolution No. 91-039 was duly adopted by the City Council at a meeting of said Council on the 23rd day of April , 1991, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH NOES: NON E ABSTAIN: N ON E ABSENT: N ON E Marjo~ie\K. Wahlsten, Ci y Clerk City O~oway c:~wp51~rdares2 Resolution No. 91-039 Page 4 FIRST AMENDMENT TO THE OWq~ER PARTICIPATION AGREEMENT by and among the POWAY REDEVELOPMENT AGENCY and POWAY LAND, INC. This First Amendment to the Owner Participation Agreement ("Amendment") is entered into by and among the POWAY REDEVELOPMENT AGENCY ("Agency") and POWAY LAND, INC., a California corporation ("Developer"). RECITALS WHEREAS, Agency and Developer have heretofore entered into an Owner Participation Agreement on June 27, 1989 (the "Agreement") pursuant to which the Developer is required to construct certain Improvements on the Site (all capitalized terms herein shall have the same meaning as in the Agreement); and WHEREAS, Agency and Developer now desire upgrading of the mobilehomes which were not provided for in the Agreement and, in this regard, it is necessary to increase the amount of Agency Assistance in order to fund these additional improvements. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The Scope of Development which is attached to the Agreement as Attachment No. 3 shall be revised as shown on the Amended Scope of Development attached hereto as Exhibit "A" and incorporated herein by reference. 2. Section 205 of the Agreement entitled "Consideration" shall be modified by increasing the Agency Assistance in paragraphs (a) and (a)(ii) to Six-Million Four-Hundred Seventy-One Thousand, Five-Hundred and Ninety-Nine Dollars ($6,471,599). 3. Section 207 of the Agreement entitled "Administration of Agency Assistance" shall be modified to add a second paragraph which shall read: "Notwithstanding the above, the cost of certain improvements described within the Scope of Development relating to upgrades to each mobilehome unit shall be paid at one-hundred percent (100%) of the funds necessary to cover said costs, in an amount not to exceed Nine Hundred Seventy-One Thousand Five Hundred Ninety-Nine Dollars ($971,599)." 4. Except as set forth herein, the Agreement shall remain in full force and effect in accordance with its terms. Resolution No. 91-039 Page 5 IN WITNESS WHEREOF, the Agency and the Developer have signed this Amendment on the respective dates set forth below. , 1991 Poway Redevelopment Agency ATTEST: By: Chairman "Agency" Secretary APPROVED AS TO FORM: Stradling, Yocca, Carlson & Rauth Special Counsel to the Agency POWAY LAND, INC., a California Corporation By: President By: Secretary "Participant" AMENDi.OPA Resolution No. 91 039 Page 6 ATTACHMENT NO. 3 SCOPE OF DEVELOPMENT I. GENERAL DESCRIPTION The Site is specifically delineated on the Site Map (Attachment No. 1) and the Legal Description (Attachment No. 2) pursuant to Section 103 of this Agreement. II. DEVELOPMENT The Participant shall develop the Site as a mobilehome park with sixty-five (65) mobilehome units or the maximum.allowable number of units according to a site plan approved by the Agency as well as the City of Poway. The model floorplan and amenities, such as dishwasher, washer and dryer of each mobilehome unit, shall be approved by the Agency. The exterior treatments shall include wood trim and concrete tile roofs. Each mobilehome shall have a two-car garage and be placed upon a raised concrete block foundation. Ten- percent (10%) of the mobilehome units will be specifically equipped for occupancy by the physically handicapped. The estimated cost of each proposed in-place mobilehome unit is approximately $49,948 exclusive of site preparation, excepting those costs associated with the installation of raised concrete block foundations. The Participant shall complete all of the improvements set forth in this Scope of Development (Attachment No. 3) to be constructed on the Site in one phase. All of the improvements to be provided by the Participant on the Site and all those off-site improvements which are required in connection with this development constitute the "Improvements". All of the Improvements shall conform in design, configuration and appearance to the City's development standard requirements. The Participant shall commence and complete the Improvements by the respective times established therefor in the Schedule of Performance (Attachment No. 4). The Participant shall provide parking on the Site in conformity with the Redevelopment Plan and City requirements. III. DEVELOPMENT STANDARDS The following development Improvements: standards shall apply to the Resolution No. 91-039 Page 7 Scope of Development Page 2 A. Buildinq Setbacks and Coveraqe. The site plan for the mobilehome park shall have minimum building setbacks and coverage as required by the Poway Municipal Code, the Redevelopment Plan and as approved by the Agency. B. Landscaping. The Participant shall provide landscaping within the public rights-of-way and within setback area along all street frontages and conforming with the site plan as approved by the Agency. Landscaping shall consist of drought tolerant and low maintenance trees, shrubs, groundcover and installation of a water conserving automatic irrigation system adequate to maintain such plant materials. The type and size of trees to be planted, together with a landscaping plan, shall be subject to the Agency approval prior to planting. C. Utilities. Ail utilities on the site shall be underground or enclosed at Participant's expense. D. Painting. Ail exterior walls shall be painted by the Participant with color(s) subject to Agency approval. E. Mobilehome Unit. Mobilehome units shall be constructed such that the Improvements be of high architectural quality, and shall be effectively and aesthetically designed. IV. PUBLIC IMPROVEMENTS AND UTILITIES The Participant, at its own cost and expense subject to the provisions concerning Agency Assistance set out in the Owner Participation Agreement to which this Scope of Development is Attachment No. 3, shall provide or cause to be provided the following public improvements within the time set forth for the completion of the Improvements in the Schedule of Performance (Attachment No. 4): Ail on-site street improvements, including, but not limited to, asphalt, base, curb, gutter, sidewalks, driveways, alleyways, crossgutters and all necessary modifications to existing streets at proposed intersection locations. All public utilities necessary to serve the project, including storm drains, sewer, and water utilities as required by the City; all off-site connections and/or relocations of said utilities. Resolution No. 91 039 Page 8 Scope of Development Page 3 0 Installation of all private utilities such as gas, electric, telephone, cable television and a street lighting system, including the undergrounding of all existing utilities as required by the City. The Agency shall not be responsible for, nor bear any of the cost of, installing the necessary utility connections within the boundaries of the Site between the improvements to be constructed by the Participant and the water, sanitary sewer, and storm drains, mains or other public lines owned by a public utility company within or without such boundaries. The Participant shall secure any permits required for such installation without expense to the Agency. Improvements to Community Road as required by the City, including the widening of the existing road, curb, gutter, sidewalk, median and median landscaping, and parkway landscaping. V. DEMOLITION AND SOILS The Participant assumes all responsibility for surface and subsurface conditions at the Site, and the suitability of the Site for the Improvements and the operation of a mobilehome park thereon. If the surface and subsurface conditions are not entirely suitable for such development, the Participant shall at its cost take all actions necessary to render the Site entirely suitable for such development. The Participant shall undertake at its cost all demolition required in connection with the development of the Improvements. c:~wp51~data~SCOPE.416