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Res 92-203RESOLUTION NO. 92-203 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 WAL-MART STORES, INC. WHEREAS, the Poway Redevelopment Agency (the "Agency") and Wal-Mart Sores, Inc. (the "Participant") entered into a certain Owner Participation Agreement, dated November 27, 1990 (the "OPA") for the acquisition and development of a certain portion of the Paguay Redevelopment Project Area (the "Project Area"); and WHEREAS, the Participant and the Agency are proceeding to perform their respective obligations pursuant to the OPA; and WHEREAS, the Participant and the Agency desire to approve an amendment to the OPA (as on file in the City Clerk's Office) to supplement and modify the terms of the OPA; 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 approval of the legislative body, pay all or part of the value of public buildings, 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 Environmental Initial Study that was conducted on this project and resulted in a Negative Declaration (and all undertakings pursuant thereto) which was approved by the City Council is hereby approved to be adequate for this Amendment as there are no material changes which would have an environmental effect. Section 2: The City Council 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 Participant pursuant to the OPA. Section 3: Pursuant to Health and Safety Code Section 33445; (i) the provisions of the improvements is of benefit to the Project Area and the Resolution No. 92-203 Page 2 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 approves the Amendment (as on file in the City Clerk's Office) 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 15th day of December, 1992. ATTEST: Marjor~.Wahlsten, City Clerk STATE OF CALIFORNIA ) ) SSo COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify the foregoing Resolution No. 92~03 was duly adopted bythe City Council at a meeting of said City Council on the 15th day of December, 1992, and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE K:wm-reso.jdf Marjori~ Wahlsten, City Clerk