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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 ONTARIO%RHERMAtiO W ICZ`310112.3 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 ONTARIOIRHERMANOWICZl310112.3 2 APPROVED AS TO LEGAL FORM: BEST BEST & KRIEGER LLP 7 e}�S Ballinger, gency Counsel ONTARIO\RHERMANO WICZA 10112.3 3 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] ONTARIOIRHERMANO\VICZ13101 12.3 5