HomeMy WebLinkAboutResolution - RDA 10-02 STATE OF CALIFORNIA ) RESOLUTION NO. RDA 10-02
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY OF SAN JACINTO
REDEVELOPMENT AGENCY APPROVING THE
OPERATING COVENANT AGREEMENT WITH MSRE
INC. FOR THE ACQUISITION OF COVENANTS
RUNNING WITH THE LAND FOR THE PROPERTY
LOCATED AT 288 E. MAIN STREET, SAN JACINTO,
CALIFORNIA
WHEREAS, pursuant to the California Community Redevelopment Law (Health &
Safety Code Sections 33000, et seq.) ("CRL"), the City Council of the City of San Jacinto
("City") approved and adopted a redevelopment plan ("Redevelopment Plan") for the
redevelopment project area known as the San Jacinto Redevelopment Project Area ("Project
Area"); and
WHEREAS, the Governing Board ("Board") of the San Jacinto Redevelopment Agency
of the City of San Jacinto ("Agency") is engaged in activities to implement the Redevelopment
Plan for the Project Area pursuant to the provisions of the CRL; and
WHEREAS, MSRE Inc., a California limited liability company, is the fee owner of
certain real property generally located at 288 E. Main Street ("Owner") within the Project Area
("Property"), and further described in the Operating Covenant Agreement attached hereto as
Exhibit"A" and incorporated herein by reference; and
WHEREAS, the Owner has acquired the Property to facilitate and operate a realty and
the Owner now desires to sell interests in the Property to the Agency consisting of covenants
running with the land for the Property, which are more fully set forth in the Operating Covenant
Agreement (the "Covenants") attached hereto as Exhibit"A;" and
WHEREAS, the Agency is authorized under the CRL Section 33391 to acquire real
property or an interest in real property for purposes of redevelopment; and
WHEREAS, the Agency desires to purchase the Covenants from the Owner in
accordance with the terms and conditions set forth in the Operating Covenant Agreement.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the Governing
Board of the San Jacinto Redevelopment Agency of the City of San Jacinto as follows:
Section 1. Recitals. The above recitals are true and correct.
Section 2. Approval of Agreement. The Agency hereby authorizes the purchase of
the Covenants and approves the Operating Covenant Agreement in the form attached hereto.
Section 3. Authorization. The Agency hereby authorizes the Agency's Executive
Director (with the concurrence of Agency Counsel) to execute and deliver on behalf of the
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Agency the Operating Covenant Agreement and such other documents and instruments as may
be necessary or convenient in the furtherance of the actions authorized in this Resolution.
Section 4. Eiling. The Agency Secretary is hereby directed to file a copy of the
executed Operating Covenant Agreement with the City Clerk at City Hall.
Section 5. Direction. The Agency staff is hereby directed to do all that is necessary
to effectuate the intent of the Operating Covenant Agreement and consummate the acquisition of
the Covenants.
Section 6. CEQA Compliance. The Agency has determined that it can be seen with
certainty that there is no possibility that the conveyance the Covenants will have a significant
adverse effect on the environment. Thus, the adoption of this Resolution is exempt from the
requirements of the California Environmental Quality Act ("CEQA") pursuant to Section
15061(b)(3) of the CEQA Guidelines. The Agency hereby directs staff to file a Notice of
Exemption with the County Clerk of Riverside County within five (5) working days following
approval of this Resolution.
Section 7. Certification. The Agency Secretary shall certify the adoption of this
Resolution.
Section S. Effective Date. This Resolution shall become effective upon its adoption.
PASSED, APPROVED AND ADOPTED this 3'a day of June, 2010 by the following vote:
AYES: Ayres, Di Memmo, Mansperger, Potts
NAYS: None
ABSTAINED: None
ABSENT: Stubblefield
San Jacinto Redevelopment Agency
eve Di Memm6, Vice Chairman
ATTE's'f:.
Richard Miller, Agency Secretary
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APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
7 e}�S Ballinger, gency Counsel
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CERTIFICATION
I, Richard Miller, Secretary of the San Jacinto Redevelopment Agency of the City of San
•-- Jacinto, do hereby certify that the foregoing Resolution No. RDA 10-02 was introduced and
adopted by the San Jacinto Redevelopment Agency of the City of San Jacinto at a regular
meeting thereof, held on the 3rd day of June, 2010, by the following vote:
AYES: Ayres, Di Memmo, Mansperger, Potts
NAYS: None
ABSTAINED: None
ABSENT: Stubblefield
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the San Jacinto Redevelopment Agency of the City of San Jacinto this the 3'd day of June, 2010.
Richard Miller, Agency Secretary
San Jacinto Redevelopment Agency
(SEAL)
ONTAR101RI IrRMANOWICT3101 12.3 4
Exhibit"A"
Operating Covenant Agreement
[SEE ATTACHED BEHIND THIS PAGE]
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