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Home My WebLink AboutRDA Res 82-11 1982-10-25 I I I I I -WLS79-11A - " "-- RESOLUTION NO. 82-11 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH APPROVING PAYMENT BY THE AGENCY OF ALL OR PART OF THE COST OF CERTAIN PUBLIC IMPROVEMENTS THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Redevelopment Agency of the City of Seal Beach proposes to pay for all or part of the cost of certain erosion and flood control improvements which are to be installed and constructed by the City of Seal Beach provided that such cost shall not exceed $250,000. Section 2, The reports and studies attached hereto as Exhibit A describe the hazards to the Surfs ide Redevelopment Project from erosion and flooding and the protection which will be afforded to the Project Area by the installation and construction of certain erosion and flood control improvements. Based upon the information and materials contained in the reports and studies attached hereto as Exhibit A, the Agency hereby finds and determines tha~ the installation and construction of erosion and flood control improvements to abate or prevent such hazards are of benefit to the Surfside Redevelopment Project and to the immediate neighborhood in which such Project Area is located, Section 3. Due to the nature and extent of ~he peril from erosion and flooding which threatens the Surfside Redevelopment Project, traditional methods of financing the subject erosion and flood control improvements, such as general obligation bonds and special assessment bonds are not available to the City, and the City has no funds budgeted for the construction of such improvements. Based upon the foregoing, the Agency hereby finds and determines that other than payment by the Agency, no other reasonable means of financing the cost of installation and construction is available t~ the City. Section 4. The Agency hereby approves payment by the Agency for all or part of the value of the land for and the cost of installation and construction of erosion and flood control improvements at a cost not to exceed $250,000, to abate or prevent the erosion and floOding described in the reports and studies attached hereto as Exhibit A, and all buildings, facilities, structures or other improvements incidental thereto. /TJ- PASSED, APPROVED and ADOPTED this <<Oil day of ~ ' 1982. - . , ", . , ~ ~ ~.. L" ~ ~ 0 . ~,... . ~ ~ Ftrr..R'I' '!O. ;. : ~ U'''. \967 .. ~'I"1. .. _t' ,,-, .:.;. ',"" . "r)- flt :.ict e......ot' +- =~ '\1\ ~,'," \\\'''~'::~''''~ . '- . Re~olution Number 82-11 , . c I AYES: Agency r,lember cky, I NOES: Agency rlembers ABSENT: Agency Members 1 I I -2- - -I I 1 I .. REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH RULES GOVERNING PARTICIPATION BY OWNERS AND RE-ENTRY IN BUSINESS IN THE SURFSIDE REDEVELOPMENT PROJECT Section 1. GENERAL These rules are promulgated to provide for participation in appropriate circumstances in the redevelopment of real property in the Surfside Redevelopment Project by owners of all or part of such real property if the owners agree to participate in the redevelopment in conformity with the Redevelopment Plan, and such other terms and conditions of an Owner Participation Agreement as may be reasonably required by the Agency. These rules are promulgated also to provide for reasonable preference for persons to re-enter in business within the redeveloped Project Area if such persons otherwise meet the requirements prescribed by the Redevelopment Plan. The Agency has no intention to acquire real property in the Project Area other than that which is necessary, appropriate, or incidental to the installation of the improvements set forth in Paragraph B of the Introduction to the Redevelopment Plan for the Surfside Redevelopment Project. [NO, 14] EXHIBIT "A" to RESOLUTION NO. 82-10 .. -I I 1 I WLS78-2B Owners and persons seeking preference to re-enter in business within the Project Area will be re- quired to submit proof of their qualifications and financial ability to carry out the terms and conditions of any Owner Participation Agreement. The word "owner" as used herein shall, unless the context otherwise requires, include a person engaged in business in the Project Area, Section 2. PARTICIPATION BY OWNERS A. participation in an existing location. In appropriate circumstances, an owner may partici- pate in substantially the same location either by retaining all or a portion of the owner's property, or by retaining all or a portion of the owner's property and acquiring adjacent property from the Agency or from another owner. B. Participation in a different location. In appropriate circumstances, the Agency may acquire the land and improvements from existing owners, and offer parcels of land for acquisition by participants prior to offering for sale to the general public. Section 3. OWNER PARTICIPATION AGREEMENT Each owner desiring to participate will be -2- .. 'I I 1 I WLS78-3B ~ required to enter into an Owner Participation Agreement with the Agency, Each Owner Participation Agreement shall contain provisions necessary to insure that the Redevelopment Participation Proposal submitted by the owner will be carried out, and that the subject property will be developed or used in accordance with the conditions, restrictions, rules and regulations of the Redevelopment Plan, the Community Redevelopment Law and the Owner Participation Agreement. Each Owner Participation Agreement will require the participant to join in the recordation of such docwnents as the Agency may require in order to insure such development and use. Owner Participation Agreements will be effective only if approved by the Agency, Section 4. PARTICIPATION PROCEDURE A. Each owner who desires to become a participant in the Project Area must submit to the Agency a statement indicating interest ("Statement of Interest") within ninety (90) days following the adoption of an ordinance by the City Council of the City of Seal Beach approving the Redevelopment Plan for the Surfside Redevelopment Project. The Agency may disregard Statements of Interest submitted after such ninety (90) day period. The Agency shall notify each owner submitting a Statement of Interest of the time -3- .. .1 I 1 I WLS78-4B within which the owner may submit to the Agency a Redevelopment Participation Proposal to participate in the redevelopment of the Project Area. B. Each Redevelopment Participation Proposal shall include evidence of the owner's qualifications and financial ability to complete such participation in accordance with the Redevelopment Plan and the Community Redevelopment Law. C. If the Agency approves the Redevelopment Participation Proposal and determines that the proposer has the qualifications and financial ability to complete the participation in accordance with the Redevelopment plan and the Community Redevelopment Law, the Agency may offer the owner an Owner Participation Agreement. D. The participating owner shall execute an Owner Participation Agreement in which the Owner shall agree to proceed with the redevelopment of the property involved in accordance with the Redevelopment Plan, the Community Redevelopment Law, and such Owner Partrcipation Agreement. E. In the Owner Participation Agreement, a participating owner or business tenant shall agree to use and maintain the property in such manner as shall be -4- , .. 1 I 1 I WLS78-5B required by the Redevelopment Plan, the Community Redevelopment Law, and such Owner Participation Agreement. F. In the Owner Participation Agreement, the owner shall agree to remove or permit the Agency to remove any and all restrictions existing against the property involved which are contrary to those contained in the Redevelopment Plan, the Community Redevelopment Law, or such Owner Participation Agreement. G. In the Owner Participation Agreement, if a participating owner agrees to remove, alter, improve or rehabilitate existing structures and improvements on the real property involved, the owner shall also agree to do such within specified time limits established by the Agency. If the participating owner agrees to construct new structures or improvements on the property involved or to remove, alter, improve or rehabilitate the existing property, the owner shall agree to do so only after plans, specifications and artist's renderings of the building have been presented to and approved by the Agency. The owner shall also agree to perform such construction, after such approval, within specified time limits established by the Agency. H. All owners who may be offered an Owner Participa- -5- .. -I I 1 I WLS78-6B tion Agreement by the Agency shall enter into such Owner Participation Agreements within the time limits specified by the Agency. I. Each Owner Participation Agreement may contain such other provisions as may be deemed by the Agency to be necessary, appropriate, or desirable in connection with the redevelopment of the Project Area pursuant to the Redevelopment Plan. Section 5. AMENDMENT OF THESE RULES The Agency may amend these Rules at any meeting held after their adoption after notice to owners who have submitted Statements of Interest. Such notice may be delivered personally or by mail to the last known address shown in the records of the Agency. -6-