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
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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.
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