RESOLUTION NO. RSA -2022-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PLACENTIA, CALIFORNIA, ACTING AS THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF PLACENTIA, APPROVING
THE TERMINATION OF AN OWNER PARTICIPATION
AGREEMENT BETWEEN THE FORMER
REDEVELOPMENT AGENCY AND DENNIS LYNN BLAKE
AS TRUSTEE OF THE BLAKE FAMILY TRUST
A. Recitals.
(i) The Redevelopment Agency of the City of Placentia entered into an Owner Participation Agreement with Dennis Lynn Blake as Trustee for the Blake Family Trust (the "Blake OPA") regarding redevelopment of certain property located at 202 West Santa Fe Avenue, Placentia, CA. (the "OPA Site") and dated April 15, 2010. (ii) Dennis Blake as Trustee for the Blake Family Trust is identified as the Participant in the Blake OPA undertaking certain obligations and duties for the redevelopment of the OPA Site.
(iii) California redevelopment agencies, including the Redevelopment Agency of the City of Placentia ("RDA") were dissolved on February 1, 2012 such that the RDA is now deemed a former redevelopment agency under Health and Safety Code section 34173 and AB x1 26, as modified by Assembly Bill No. 1484 (as modified to date, the "Dissolution Law"), which added Parts 1.8 and 1.85 to Division 24 of the California Community Redevelopment Law (Health and Safety Code sections 33000 et seq., the "CRL").
(iv) On January 17, 2012, the Placentia City Council adopted Resolution No. R- 2012-03 accepting for the City, the role of Successor Agency to the former Redevelopment Agency ("Successor Agency").
(v) The Successor Agency to the Redevelopment Agency of the City of Placentia (the "Successor Agency") by the authority of the Dissolution Law and the CRL is now successor in interest to the Blake OPA.
(vi) The Participant has not fulfilled their obligation to redevelop the OPA Site as required by the terms and conditions of the Blake OPA, specifically section 4 which states in pertinent part; "The Participant shall rehabilitate, redevelop and re -use the OPA Site in a new manner that is consistent with all applicable land use and zoning regulations and serves the goals for the Redevelopment Project Area, specifically including generation of tax increment revenue."
(vii) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA,
CALIFORNIA, ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF PLACENTIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. Findings and Determinations. The Successor Agency finds the above recitals to be true and correct, and specifically incorporates those recitals herein by this reference.
2. Termination of the Blake OPA and Revocation of Parkins Rights. The City Council, acting in its capacity as the Successor Agency, approves the termination of the Blake OPA and Revocation of Parking Rights. As provided in section 6.3 of the Blake OPA, which states — "Agency reserves the right to revoke any and all public off-site parking and/or future parking allowances provided in this Agreement if Participant fails to implement the required Improvements, fails to maintain the Improvements or if Participant, a successor -in -interest or tenant ceases to use the OPA Site in a new manner that is consistent with all applicable land use and zoning regulations and serves the goals for the Redevelopment Project Area, including generation of tax increment revenue consistent with the list of Permitted Uses as provided in Exhibit 3 unless any non -revenue generating use or use not listed in Exhibit 3 is approved by the City and/or Agency upon application by Participant and an amendment to this Agreement is entered into by Agency and Participant allowing such use", the Successor Agency hereby terminates the Blake OPA and revokes any all parking rights granted by the Blake OPA.
3. Effective Date. This Resolution shall take effect upon adoption.
PASSED, APPROVED and ADOPTED THIS 17TH DAY OF MAY 2022.
ATTEST:
Robert McKinnell, Agency Secretary
Rhonda Shader, Chairman
Attachment 1 SA Resolution RSA -2022-03
I, Robert McKinnell, Secretary of the Successor Agency to the Redevelopment Agency of the City of Placentia do hereby certify that the foregoing Resolution No. RSA -2022-03 was adopted at a regular meeting of the City Council acting as the Successor Agency to the Redevelopment Agency of the City of Placentia held on the 17th day of May 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert McKinnell, Agency Secretary
APPROVED AS TO FORM:
Christian L. Bettenhausen, General Counsel
Attachment 1 SA Resolution RSA -2022-03