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HomeMy WebLinkAbout99-03 RDA ResolutionRESOLUTION NO. RDA 99-03 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS," DATED AS OF MARCH 2, 1999, RELATING TO THE REAL PROPERTY AT 27500 JEFFERSON AVENUE WITHIN REDEVELOPMENT PROJECT NO. 1--1988 THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby finds, determines and declares that: a. The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law, Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. b. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1-1988" (hereafter the "Plan") in accordance with the provisions of the Community Redevelopment Law (Health and Safety Code Section 33000 et seq.). On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On June 23, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. c. On January 25, 1994 the Redevelopment Agency of the City of Temecula ("Agency") enter into that certain Lease Agreement with the Donna L. Reeves Trust UT 7-25-90 ("Reeves") for the property located at 27500 Jefferson Avenue in the City of Temecula ("Property"). The Lease Agreement was duly amended by (i) that certain Amendment No. 1 to Lease Agreement dated January 12, 1994, (ii) that certain Amend- ment No. 2 to Lease Agreement dated January 20, 1994, (iii) that certain Amendment No. 3 to Lease Agreement dated March 31, 1995, (iv) that certain Amendment No. 4 to Lease Agreement dated March 26, 1996, (v) that certain Amendment No. 5 to Lease Agreement dated July 9, 1996, and (vi) that certain Amendment No. 6 to Lease Agree- ment dated June 24, 1997 (collectively the "Lease"). Resos. RDA\99-03 1 d. The Lease provides that Reeves, as the Lessee, has an option to purchase the Property for the sum of two million dollars ($2,000,000.00). Reeves and Reeves' sublessee Richardson RV, have duly exercised the option by notice to the Agency. e. Agency has reviewed an appraisal for the Property which determined the fair value of the Property to be $2 million. f. The sale of the Property is authorized pursuant to Health and Safety Code Section 33430. g. A public hearing and report concerning the sale is not required pursuant to the provisions of Health & Safety Code Sections 33431 and 33433 because the Property is not being sold or leased for development or redevelopment pursuant to the Redevelopment Plan. The Property is being sold at fair market value and pursuant to the previously approved obligations of the Agency under the Lease and without obligations being imposed on the Buyer for development of the Property in any particular manner. h. The Agency Board has duly considered all terms and conditions of the proposed Agreement and believes that such agreement is in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. i. This Agreement pertains to and affects the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. j. This action is being undertaken pursuant to the Plan for which a full and complete Environmental Impact Report was prepared and certified prior to adoption of the Plan. Additionally an environment review was completed for the Lease at the time of its approval in 1994. This action simply implements the obligations established by the Lease originally approved in 1994. Therefore, pursuant to the provisions of California Environmental Quality Act environmental review is not required for this action. Section 2. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain Agreement entitled "Agreement of Purchase and Sale and Joint Escrow Instructions" by and between the Agency and Raymond T. Richardson, Linda A. Richardson, Steve M. Richardson, Carol D. Richardson, Mark A. Richardson, and Anita L. Richardson, in such capacities as described in the Purchase Agreement, (Collectively "Richardson"), dated as of March 2, 1999, with such changes mutually agreed upon by the Agency Executive Director, Reeves, and Richardson, as are minor and in substantial conformance with the form of such Purchase Agreement as have been submitted herewith. The Chairperson of the Agency and the Secretary of the Agency are hereby authorized to execute and attest, respectively, the Purchase Agreement, including related exhibits and attachments, on behalf of the Agency. In such regard the Executive Director is authorized to cause the Chairperson and Secretary to execute the final version of the Agreement after completion of any such non-substantive, minor revisions to said Purchase Agreement have been completed. A copy of the final Purchase Agreement when executed by the Agency Resos. RDA\99-03 2 Chairperson and attested by the Agency Secretary shall be place on file in the Office of the Secretary of the Agency. Section 3. The Executive Director of the Agency (or his designee), is hereby authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and implement the Purchase Agreement and to administer the Agency's obligations, respon- sibilities and duties to be performed under the Purchase Agreement described and approved in Section 2. and related documents, including but not limited to, escrow instructions, certificates of acceptance, and implementing agreements. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Redevelopment Agency this 2" day of March, 1999. ~arelF. Lindemans, Ch~L~'~'airl:;erson ATTEST: [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, Secretary of the Temecula Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 99-03 was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency at a regular meeting thereof held on the 2"~ day of March, 1999, by the following vote: AYES: 5 AGENCY MEMBERS: Comerchero, Ford, Roberts, Stone, Lindemans NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None Resos. RDA\99-03 3 Sb~sa W. Jo ~es, CMC Clerk//~ ency Secretary