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Resolution Number CRA 94-9-6-1139 RESOLUTIONNO. CRA 94-9-6-1 A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, APPROVING A SECOND AMENDMENT TO AN OWNER PARTICIPATION AGREEMENT WITH FRANCISCAN PLAZA INVESTMENT GROUP (FARBER) WHEREAS, the Community Redevelopment Agency of the City of San Juan Capistrano (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 Agency 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 Agency and the City Council 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 San Juan Capistrano Community Redevelopment Agency Board of Directors, City of San Juan Capistrano, California, as follows: 1. The Agency has received and heard all oral and written objections to the proposed Agreements and to other matters pertaining to this transaction, and that all such oral and written objections are hereby overruled. 2. The Agency hereby finds and determines that the public and common improvements to be financed in part by the Agency are a benefit to the -1- 140 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. 3. The Chairman of the Agency is hereby authorized to execute the Agreement on behalf of the Agency. — 4. 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 6th day of September 1994. ATTEST: A -� AGtNCYSECRETARY CAROLYN NAM, CHAIRMAN -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, Agency 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 94-9-6-1 adopted by the San Juan Capistrano Community Redevelopment Agency Board of Directors at a regular meeting thereof held on the 6th day of September 1994, by the following vote: AYES: Directors Jones, Hausdorfer, Campbell, Vasquez and Chairman Nash NOES: None ABSTAIN: None ABSENT: None (SEAL) CERYL JOHNSON, AGENCY SEC T -3- 141 142 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 CRA Resolution No. CRA 83-12-20-1 and on the 13th day of September , 1994, I caused to be posted: RESOLUTION NO. CRA 94-9-6-1 , being A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, APPROVING A SECOND AMENDMENT TO AN OWNER PARTICIPATION AGREEMENT WITH FRANCISCAN PLAZA INVESTMENT GROUP (FARBER) 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. CHECKLIST RES. NO. CRA -9'V-'96— Chairman has signed _ Secretary has signed Agency Seal stamped All blanks typed in "Absent" "Noes" "Abstain" Copies sent to post j _ file ( 00•�D mail certified Legal Publication ordered to be published (date) No. Printed copies required Remarks 131 Cheryl Johnson, g cy Secretary San Juan Capistrano Community Redevelopment Agency San Juan Capistrano, California