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ARA1983-037RESOLUTION NO. ARA83 -37 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY ADOPTING RULES GOVERNING PARTICIPATION AND PREFERENCES IN THE RIVER VALLEY REDEVELOPMENT PROJECT AND AUTHORIZING TRANSMITTAL OF SAID RULES TO THE CITY COUNCIL OF THE CITY OF ANAHEIM WHEREAS, the California Community Redevelopment Law provides for participation and preferences by Owners, Operators of Business and Tenants within a redevelopment project area; and WHEREAS, the California Community Redevelopment Law requires the Agency to adopt rules respecting the aforementioned participation and preferences; NOW, THEREFORE, THE ANAHEIM REDEVELOPMENT AGENCY DOES RESOLVE AS FOLLOWS: SECTION 1 . The Rules Governing Participation and Preferences by Owners, Operators of Business and Tenants in the River Valley Redevelopment Project, attached as Exhibit " A " and by reference thereto made a part hereof, are hereby adopted. SECTION 2 . The Director of the Redevelopment Agency is hereby authorized and directed to make available for public inspection these.adopted Rules Governing Participation and Preferences. SECTION 3 . The Director of the Redevelopment Agency is hereby authorized and directed to transmit a copy of the Rules Governing Participation and Preferences together with a copy of this Resolution to the City Council of the City of Anaheim. PASSED, APPROVED AND ADOPTED THIS llthday of October 1983. Chairman ATTEST: 110/4 -17 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I, LINDA D. ROBERTS, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA83 -37 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 11th day of October, 1983, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution on the 11th day of October, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 11th day of October, 1983. SECRETARY OF THE ANAHEIM MDEVELOPMENT AGENCY (SEAL) 125/3 -2 ANAHEIM REDEVELOPMENT AGENCY ANAHEIM, CALIFORNIA RULES GOVERNING PARTICIPATION AND PREFERENCES BY OWNERS, OPERATORS OF BUSINESS, AND TEN -'.NTS In The RIVER VALLEY REDEVELOPMENT PROJECT EXHIBIT "A" 5 -26 -83 ANAHEIM REDEVELOPMENT AGENCY RULES GOVERNING PARTICIPATION AND PREFERENCES By OWNERS, OPERATORS OF BUSINESSES, AND TENANTS In The RIVER VALLEY REDEVELOPMENT PROJECT Section 1 - GENER These rules are promulgated to implement the provisions of the Redevelopment Plan for the River Valley Redevelopment Project regarding participation and the exercise of preference by owners, operators of business, and tenants in the Project. These Rules set forth the procedures governing such participation. Participation is desired in the growth and development of t1- ; Project area by as many industrial and commercial owners, operators of business and _tenants as possible. The Agency shall extend preferences to persons who are owners and tenants in the Project area, to continue in or, if the Agency acquires the land of an owner of the land on which a tenant is located, to re -enter the Project area if any such owner or tenant otherwise meets the requirements prescribed in the Redevelopment Plan and in these Rules. The Agency is also authorized to permit persons who are owners of business and other types of real property in the Project area to be given the opportunity to participate in the redevelopment of the Project area by retaining, and if necessary rehabilitating, all or a portion of their properties, by acquiring adjacent or other properties in the Project area, by selling their properties to the Agency and purchasing other properties in the Project area or by selling improvements to the Agency and redeveloping their property. Participation opportunities shall necessarily be subject to and limited by such factors as the following: 1. Removal, relocation and /or installation of public utilities and public facilities. 2. The elimination and changing of some land uses. 3. The realignment, abandonment, widening or opening of public rights - of -way. 4. The ability of owners to finance acquisition and development in accordance with the Plan. -1- 5. Any reduction in the total number of individual parcels in the Project area. 6. The assembly and development of areas for public and /or private development in accordance with the Plan. If conflicts develop between the desires of participants for particular sites or land uses, the Agency is authorized to establish reasonable priorities and preferences among the owners and tenants and to determine a solution by consideration of such factors as length of time in the area; accommodation of as many participants as possible; ability to perform; similar land use to similar land use; conformity with intent and purpose of the Plan. Participation to the extent feasible shall be available for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. Section II - TYPES OF PARTICIPATION Participation includes remaining in substantially the same location either by retaining all or portions of the property, or by retaining all or portions .of the property and purchasing adjacent property from the Agency. An owner who participates in the same location may be required to rehabilitate or demolish all or part of his existing buildings or the Agency may acquire the buildings only and then remove or demolish the buildings. Participation also includes the Agency buying land and improvements at fair market value from existing owners, and offering other parcels for purchase by such participants. Participation also includes business tenants a taining preferences to re -enter the Project area. Section III - PARTICIPATION PROCEDURE. A. Certificates of Conformance The Project area contains many parcels of real property. As a result there is a need to simplify the availability of participation opportunities. Therefore, as an alternative to requiring a participation agreement for each property not to be purchased or subject to Agency acquisition by eminent domain, the Agency is authorized to make determinations of those properties which conform to the Redevelopment Plan. If such a determination is made by the Agency then the property will not be subject to eminent domain by the Agency so long as the property continues to conform to the Redevelopment Plan' to such further terms and conditions as the Agency may require as necessary to carry out the Plan, as stated in the Certificate of Conformance. The Agency shall in good faith review the property contained in the Project area and issue Certificates of Conformance to qualifying properties as soon as possible consistent with the redevelopment permitted by the Plan and specific designs for development adopted by the Agency pursuant to the Plan. B. Participation Agreements The Agency is authorized to enter into participation agreements regarding properties not purchased or not to be purchased by the Agency and not included in an Agency Certificate of Conformance. Each agreement will contain provisions necessary to insure that the participation proposal will be carried out, and that the subject property will be developed or used in accordance with the conditions, restrictions, rules and regulations of the Redevelopment Plan and the agreement. -2- Each agreement will require the participant to join in the recordation of such documents as the Agency may require in order to insure such development and use. Participation agreements will be effective only if approved by the Members of .. the Agency. C. Statements of Interest Before making offers to purchase property in the Project area, the Agency shall notify the owners of any such properties by certified mail, return receipt requested that the Agency is considering the acquisition of such property. The Agency shall include a form entitled "Statement of Interest In Participating" with the notification. Within 30 days of receipt of such notification any owner interested in participating in the Project area, shall file a "Statement of Interest in Participating." The Agency may disregard any Statements received after such 30-day period. Any owner or tenant may also submit such a statement at any time before such notification. The Agency shall consider such Statements as are submitted on time and seek to' develop reasonable participation for those submitting such statements whether to stay in place, to move to another location, to obtain preferences to re -enter the Project area, etc. Section IV - EN FORCEMENT. In the event a property is not developed or used in conformance with the Redevelopment Plan, and with a certificate of conformance, or a participation agreement, then the Agency is authorized to (1) purchase the property, (2) purchase any interest in the property sufficient to obtain conformance, or (3) take any other appropriate action sufficient to obtain such conformance. Section V - AMENDMENTS OF OWNER PARTICIPATION RULES The Agency may amend these Rules at any meeting held after their adoption. -3-