Res 92-204RESOLUTION NO. 92- 204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY
APPROVING A SECOND AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT
BY AND BETWEEN THE POWAY REDEVELOPMENT AGENCY AND ADI PROPERTIES, INC.
WHEREAS, the Poway Redevelopment Agency (the "Agency") and ADI Properties, Inc.
(the "Developer") entered into a certain Owner Participation Agreement, dated
June 27, 1989 {the "OPA") for the development of a certain portion of the Paguay
Redevelopment Project Area (the "Project Area") as a commercial center and the
construction of certain public improvements (the "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 approved the First Amendment to the OPA on February 18, lg92
to reimburse the Developer for the cost of certain specified public improvements;
and
WHEREAS, the Developer and the Agency are proceeding to perform their respective
obligations to the OPA; and
WHEREAS, the Agency and the Developer desire to approve a second amendment to the
OPA (as on file in the City Clerk's Office incorporated herein, which constitutes
the "Second Amendment") to supplement and modify the terms of the OPA; and
WHEREAS, the Paguay Redevelopment Plan (the "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 expedite the construction of the said improvements
by agreeing to reimburse the Developer on a monthly progress payment basis; and
WHEREAS, the Agency desires to amend the maximum amount that may be reimbursed
to the Developer for the public improvements; and
WHEREAS, California Health and Safety Code Section 33445 provides that the Agency
may, with the consent 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; and
Resolution No. 92- 204
Page 2
WHEREAS, the Agreement provides for the development of a commercial center,
including a movie theater, a full-service dinner house and a retail center which
are of benefit to the Project Area and are essential to its development according
to the Plan.
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 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.
Section 2: The City Council finds and determines, based upon the testimony and
information presented during the public hearing with respect to the Agreement,
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 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 the City of Poway,
California, at a regular meeting thereof this 15thday OfDecemben lgg2.
Marjo~K. Wahlsten, City Clerk
Resolution No. 92-204
Page 3
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify the
foregoing Resolution No. 92-204 was duly adopted by the City Council at a
regular meeting of said City Council on the 15th day of December , 1992 and
that it was so adopted by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
Marjorle )~. Wahlsten, City Clerk
City o fx~o~ay
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