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Res 99-043RESOLUTION NO. 99-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING THE OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE POWAY REDEVELOPMENT AGENCY AND TECH BUSINESS CENTER, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the Poway Redevelopment Agency (the "Agency") is a community redevelopment agency organized and existing under the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq., and has been authorized to transact business and exemise the powers of a redevelopment agency pursuant to action of the City Council of the City of Poway (the "City Council"); and WHEREAS, the City Council, acting pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.), has adopted the Community Redevelopment Plan (the "Plan") for the Paguay Redevelopment Project (the "Project Area") by Ordinance No. 117; and WHEREAS, the Agency entered into that certain Owner Participation Agreement with Tech Business Center, a California general partnership ("Developer") dated as of November 27, 1990, which provided for the development of the Poway Corporate Center and construction of certain public improvements, among other things (the "PCCOPA"), and the Agency also entered into that certain Owner Participation Agreement with Developer, dated as of November 27, 1990, which provided for the development of the Tech Business Center and construction of certain public improvements, among other things (the "TBCOPA"); and WHEREAS, due to economic conditions throughout the region, neither the Poway Corporate Center nor the Tech Business Center has developed at the pace envisioned by Agency and Developer at the time of execution of the PCCOPA and the TBCOPA, and further, the development of the Poway Corporate Center and the Tech Business Center is no longer feasible under the economic assistance package set forth in the PCCOPA and the TBCOPA; and WHEREAS, Participant is the Developer's successor in interest to the Site; and WHEREAS, in order to carry out and implement the Redevelopment Plan the Agency proposes to enter into that certain Amended and Restated Owner Participation Agreement (the "Agreement") with Tech Business Center, LLC, a California limited liability company (the "Participant") to provide for the development of certain property 663116.1~22345.0071 Resolution No. 99-043 Page 2 (the "Site") in the Project Area as an industrial park, and the construction of certain public improvements (the "Public Improvements"), all as described in the Agreement; and WHEREAS, the City of Poway made environmental findings and approved Tentative Tract Map TTM86-02R, and TTM97-01 for the Site and the environmental documentation prepared adequately addresses the environmental effects and feasible mitigation measures associated with the Agency's approval of the Agreements; and the proposed project pursuant to the California Environmental Quality Act, specifically Section 21083.3 of the Public Resources Code; WHEREAS, pursuant to Section 33445 of the California Community Redevelopment Law, Health and Safety Code section 33000 et seq., the Agency may, with the consent of the City Council, pay all or part of the cost of construction of public improvements after making certain determinations; and WHEREAS, pursuant to Section 33444.6 of the California Community Redevelopment Law, Health and Safety Code section 33000 et seq., the Agency may assist with the financing of facilities or capital equipment for industrial or manufacturing purposes after making certain determinations; and WHEREAS, the Agreement requires the Agency to make certain payments to Participant to enable Participant to finance development of the Site and construction of the Public Improvements, and to purchase from Participant such Public Improvements, which obligation to make payments is contingent upon Participant's successful development of the Site and construction of such Public Improvements, and which obligation to make payments constitutes an indebtedness of the Agency within the meaning of Section 33670 of the California Community Redevelopment Law, Health & Safety Code sections 33000 et seq.; and WHEREAS, a joint public hearing of the Agency and the City Council on the proposed Agreement was duly noticed and posted in accordance with the requirements of applicable laws; and WHEREAS, all actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner; and WHEREAS, the Agency has duly considered all terms and conditions of the proposed Agreement and believes that the disposition of the Site pursuant thereto is in the best interests of the City of Poway and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. 663116.1~2345.0071 Resolution No. 99- 043 Page 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section '1. The City hereby finds and determines that the Public Improvements are of benefit to the project area and the immediate neighborhood in which the Site is located. Section 2. The City hereby finds and determines that no other reasonable means of financing the Public Improvements are available other than the assistance provided for in the Agreement. Section 3. The City hereby finds and determines that the payment of funds for the cost of the Public Improvements will assist in the elimination of blighting conditions within the Project Area, and is consistent with the implementation plan for the Redevelopment Plan. Section 4. The City consents to and approves the execution of the Agreement with such changes mutually agreed upon by the Participant and the Agency Executive Director as are minor and in substantial conformance with the Amended and Restated Owner Participation Agreement which has been submitted herewith, and a copy of the Agreement when executed shall be placed on file in the office of the City Clerk. The Executive Director of the Agency is authorized to implement the Agreement and execute all escrow documents and other documents necessary to carry out the Agreement. Section 5. The City Clerk shall certify to the adoption of this Resolution. 663116.1 ~22345.0071 Resolution No. 99-043 Page 4 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 22nd day of June, 1999. ATTEST: Michael P. ~r Lori-Anne Peoples, Cit~; c]er[( ' STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 99-043 was duly adopted by the City Council at a meeting of said City Council held on the 22nd day of June, 1999, and that it was adopted by the following vote: AYES: GOLDBY, HIGGINSON, CAFAGNA NOES: NONE ABSENT: EMERY, REXFORD ABSTAIN: NONE n:\rda\pcc.res 663116. ! ~22345.0o71 Lori Anne Peoples, Cit~, Clerk City of Poway