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Resolution Number CRA 93-10-19-1093 RESOLUTION NO. CRA 93-10-19-1 A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, DETERMINING THAT THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS ON OR ADJACENT TO THE SITE IS OF BENEFIT TO THE CENTRAL REDEVELOPMENT PROJECT AREA AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED; DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID PUBLIC IMPROVEMENTS; AND APPROVING AN OWNER PARTICIPATION AGREEMENT FOR REIMBURSEMENT OF CERTAIN PUBLIC IMPROVEMENTS, FORD LEASING DEVELOPMENT COMPANY (SAN JUAN LINCOLN/MERCURY) WHEREAS, the Community Redevelopment Agency of the City of San Juan Capistrano (the "Agency") is authorized to carry out and implement the Redevelopment Plan of the Central Redevelopment Project Area ("Project Area"); and, WHEREAS, the Redevelopment Plan for the Central Redevelopment Project Area authorizes and directs the Agency to pay all or part of the value of the acquisition and construction of certain Public Improvements which are enumerated in materials referenced in the Redevelopment Plan and which include the design and construction of street improvements; and. WHEREAS, in order to carry out and implement such Redevelopment Plan the Agency proposes to enter into an Owner Participation Agreement (the "Agreement") with Ford Leasing Development Company (the "Developer") for the reimbursement of certain public improvements (as described in the Agreement) from sales tax generated from the site in the San Juan Capistrano Central Redevelopment Project Area; and, WHEREAS, the subject development site and the immediate adjacent area is deficient in respect to infrastructure to such an extent that it is not financially feasible for the necessary Public Improvements to be provided (i) by private enterprise acting alone or (ii) by means of assessment district without direct Agency contribution toward the efforts of such a district, and without the direct financial participation of the Agency there are insufficient resources available to the Public Improvements; and, WHEREAS, California Health and Safety Code Section 33445 provides that a redevelopment agency may, with the consent of the legislative body, pay all or part of the value of public buildings, facilities, structures or other improvements upon a finding that such Public Improvements are of benefit to the project area or the immediate neighborhood in which the project is located and that there are no other reasonable means of financing such Public Improvements available to the community. -1- 094 NOW, THEREFORE, BE IT RESOLVED, by the San Juan Capistrano Community Redevelopment Agency, City of San Juan Capistrano, California, as follows: 1. The Agency hereby determines that the design, acquisition, construction and installation of the Public Improvements, including reimbursement for design and construction for a traffic signal and interim intersection — improvements at San Juan Creek Road and Valle Road is of benefit to the Project Area and surrounding neighborhood in which the project is located. 2. The Agency hereby determines that it is appropriate to construct and install or cause the construction and installation of the Public Improvements and that there are no other reasonable means of financing the Public Improvements. 3. The Agency consents to the provision of assistance by the Agency for the development of certain Public Improvements pursuant to the Agreement. 4. The Chairman of the Agency is hereby authorized to execute the Agreement on behalf of the Agency. A copy of the Agreement when executed by the Agency shall be placed on file in the office of the Secretary to the Agency. 5. The Executive Director of the Agency (or his designee), is hereby authorized, on behalf of the Agency, to sign all documents necessary and appropriate to carry out and implement the Agreement and to administer the Agency's obligations, responsibilities and duties to be performed under the Agreement, and related documents. PASSED, APPROVED, AND ADOPTED this 19th day of October ,1993. ATTEST: Ii� IMM � � �y�7 • - CA OLYN SH, CHAIRMAN -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 09S I, CHERYL JOHNSON, Secretary of the San Juan Capistrano Community Redevelopment Agency, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. CRA 93-10-19-1 adopted by the Board of Directors of the San Juan Capistrano Community Redevelopment Agency, at a regular meeting thereof held on the 19th day of October , 1993, by the following vote: AYES: Council Members Nash, liausdorfer and Mayor Jones NOES: Council Member Vasquez ABSTAIN: Council Member Campbell ABSENT: None (SEAL) 2A-�d CHE YL JOHNSON, GENCY SECRET ftp -3- 096 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, declare as follows: That I am the duly appointed and qualified Secretary of the San Juan Capistrano Community Redevelopment Agency; That in compliance with State laws of the State of California and in further compliance with City Resolution No. CRA 83-12-20-1 and on the 26th day of nrtnher , 1993, 1 caused to be posted: RESOLUTION NO. CRA 93-10-19-1 , being: A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, DETERMINING THAT THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS ON OR ADJACENT TO THE SITE IS OF BENEFIT TO THE CENTRAL REDEVELOPMENT PROJECT AREA AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED; DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID PUBLIC IMPROVEMENTS; AND APPROVING AN OWNER PARTICIPATION AGREEMENT FOR REIMBURSEMENT OF CERTAIN PUBLIC IMPROVEMENTS, FORD LEASING DEVELOPMENT COMPANY (SAN JUAN LINCOLN/MERCURY) in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. I declare under penalty of perjury that the foregoing is true and correct. CHECK LIST RES. NO. CRA 9.3 -td ZI -. __.� Chairman has signed ✓Secretary has signed Agency Seal stamped All blanks typed in "Absent" -®- .,Noes" "Abstain" Copies sent to post file mail certi le Legal Publication ordered to be published (date) No. Printed copies regmre Remarks 0/ Cheryl JohnsoN Ag cy Secretary San Juan Capistrano Community Redevelopment Agency