Resolution Number 94-9-6-2182
RESOLUTION NO. 94-9-6-2
I� 0 ►I t : u I D1011 u 1 DION 0 0XIVA10 ; 60',V ; Y 1 6TA V 11M
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING A SECOND
AMENDMENT TO AN OWNER PARTICIPATION AGREEMENT
WITH FRANCISCAN PLAZA INVESTMENT GROUP (FARBER)
WHEREAS, the San Juan Capistrano Community Redevelopment Agency (the
"Agency") is engaged in activities necessary to carry out and implement the Redevelopment Plan
for the San Juan Capistrano. Central Redevelopment Project Area; and,
WHEREAS, in order to carry out and implement such Redevelopment Plan, the
Agency proposes to enter into the Second Amendment (the "Amendment") to the Owner
Participation Agreement (the "Agreement") with Franciscan Plaza Investment Group (the
"Participant") to adjust the payment schedule of Additional Supplemental Rent; and,
WHEREAS, the Participant has submitted to the City copies of said proposed
Amendment in a form desired by the Participant; and,
' WHEREAS, pursuant to the California Community Redevelopment Law (California
Health and Safety Code, Section 33000 et seq.) the City Council and the Agency held a joint public
hearing on the Amendment, having duly published notice of such public hearing and made copies
of the proposed Amendment available for public inspection and comment; and,
WHEREAS, the Amendment provides for a schedule of payments regarding public
access to a parking structure, which benefits the project area and is essential to allow development
according to the Redevelopment Plan, and the parking structure would not have been feasible
without the financial participation by the Agency.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
1. The City Council has received and heard all oral and written objections to the
proposed Amendment and to other matters pertaining to this transaction, and
that all such oral and written objections are hereby overruled.
2. The City Council hereby finds and determines that the public and common
improvements to be financed in part by the Agency are a benefit to the
Project Area and are essential to its development according to the
' Redevelopment Plan and that the costs to provide said improvements would
be infeasible without the contribution by the Agency.
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The Amendment to the original Owner Participation Agreement is hereby
approved.
4. The City Council hereby authorizes the City Clerk to deliver a copy of this
resolution to the Executive Director of the Agency. A copy of the
Amendment, when executed by the Agency, shall be placed on file in the
office of the City Clerk.
PASSED, APPROVED, AND ADOPTED this 6th day of
Septem} er , 1994.
,,e0LLENE<AMPBSLL, MAYOR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
94-9-6-2 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 6th day of September 1994, by the
following vote:
AYES: Council Members Jones, Hausdorfer, Nash, Vasquez and
Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: None
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