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CIC Resolution 84-23120484 COMMISSION RESOLUTION NO. 84-23 RESOLUTION OF THE COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA APPROVING AND ADOPTING AMENDED RULES GOVERNING PARTI- CIPATION BY, AND THE EXTENSION OF REASON- ABLE PREFERENCES TO, PROPERTY OWNERS AND TENhNTS IN THE WEST END COMMUNITY IMPROVE- MENT PROJECT WHEREAS, Section 33345 of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) provides that a redevelopment agency shall adopt and make available for public inspection rules to implement the operation of owner participation in connection with a redevelopment plan (the "Participation Rules"); and WHEREAS, the Community Improvement Commission of the City of Alameda (the "Commission") adopted Participation Rules by Resolution No. 83-7; and WHEREAS, the Commission wishes to amend the Participa- tion Rules; NOW, THEREFORE, THE COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA DOES RESOLVE that the "Amended Rules Governing Participation by, and the Extension of Reasonable Preferences to, Property Owners and Tenants in the West End Community Improvement Project," attached hereto as Exhibit A and incorporated by reference herein, are hereby approved and adopted. PASSED AND ADOPTED this 18th day of December 1984, by the following vote: AYES: Comisioners Gorman, Hanna, Lucas, Monsef and ncirman Diamen - 5. NOES: None. ABSENT: None. ATTEST: Secretary 120484 RULES GOVERNING PARTICIPATION BY, AND THE EXTENSION OF REASONABLE PREFERENCES TO, PROPERTY OWNERS AND TENANTS IN THE WEST END COMMUNITY IMPROVEMENT PROJECT Adopted by the Community Improvement Commission of the City of Alameda TABLE OF CONTENTS Page I. [5100] PURPOSE AND INTENT . . . . . . . . . . . 1 I I . [5200] DEFINITIONS . • . . . . . . . . . . • • III. [5300] ELIGIBILITY 2 IV. [5400] TYPES OF PARTICIPATION 3 V. [5500] CONFORMING OWNERS ▪ 5 VI. [5600] OWNER PARTICIPATION AGREEMENTS . . . • • 5 VII. [5700] NOTICE TO OWNERS OR TENANTS; TIME TO ENTER INTO AGREEMENT 6 VIII.[5800] CONTENTS OF OWNER PARTICIPATION AGREEMENTS IX. [5900] LIMITATIONS ON ACQUISITION OF PROPERTY BY THE COM1MISSION 6 7 X. [51000] PREFERENCE TO PROPERTY OWNERS AND TENANTS WITHIN THE PROJECT AREA 8 XI. [ §1100] AMENDMENT OF RULES 8 RULES GOVERNING PARTICIPATION BY, AND THE EXTENSION OF REASONABLE PREFERENCES TO, PROPERTY OWNERS AND TENANTS IN THE WEST END COMMUNITY IMPROVEMENT PROJECT I. [§100] PURPOSE AND INTENT These rules are adopted pursuant to the Community Redevelopment Law of the State of California in order to implement the provisions of the Plan of the West End Community Improvement Project regarding partici- pation by, and the extension of reasonable preferences to, property owners and tenants within the Project. These rules set forth the procedures governing such preferences and participation. It is the intention of the Commission to encourage and permit participation in the redevelopment of the Pro- ject Area by owners and tenants of real property within the boundaries of the Project Area to the maxi- mum extent consistent with the objectives of the Plan. In addition to opportunities for participation by individual persons and firms, participation shall be available for two or more persons, firms or institu- tions to join together in partnerships, corporations or other joint entities. II. 1§2001 DEFINITIONS As used herein, the following definitions apply: (1) "Commission" means the Community Improvement Commission of the City of Alameda. (2) "Owner" means any person, persons, corporation, association, partnership or other entity holding title of record to real property in. the Project Area on the date of adoption of the Plan by the City Council. (3) "Owner Participation Agreement" means an agree- ment entered into by an Owner or Tenant with the Commission in accordance with the provisions of the Plan and these rules. (4) "Project Area" means the area described in the "Legal Description" (Exhibit A of the Plan, as it may be amended from time to time) and shown on the "Project Boundary Map" (Exhibit A of the Plan, as it may be amended from time to time). (5) "Plan" means the Plan of the West End Community Improvement Project as adopted by the City Council of the City of Alameda. (6) "Tenant" means any person, persons, corporation, association, partnership or other entity occupy- ing real property within the Project Area on the date of adoption of the Plan by the City Council. III. [ §300] ELIGIBILITY Owners and Tenants shall be eligible to participate in the redevelopment of property within the Project Area in accordance with the provisions of the Plan, these rules and the limitations herein described. Participation opportunities are necessarily subject to and limited by factors such as the following: (1) The elimination and changing of some land uses; (2) The construction, widening or realignment of some streets; (3) The reduction in the total number of individual parcels in the Project Area; and (4) The construction or expansion of public facilities. The Commission presently contemplates that in carrying out the Plan, certain portions of the Project Area may be acquired by the Commission for public improvements, facilities and utilities and for other uses and pur- poses in accordance with the Plan. Therefore, Owner and Tenant participation opportunities will not be available for such properties. IV. [ §400] TYPES OF PARTICIPATION Subject to these rules and the limitations in Sec- tion 300 and this Section 400, Owners and Tenants shall be given a reasonable opportunity to participate in redevelopment by: -3- (1) Retaining all or a portion of their properties and developing or improving such property for use in accordance with the Plan; and /or (2) Acquiring adjacent or other properties within the Project Area and developing or improving such property for use in accordance with the Plan. Each proposal for participation shall be reviewed by the Commission specifically with respect to the following: (1) Conformity with the land use provisions of the Plan; (2) Compatibility with the standards, covenants, restrictions, conditions and controls of the Plan; (3) Compatibility with parcelization of the Project Area into sites adequate for redevelopment; and (4) The participant's ability to finance the acquisi- tion and development or improvement in accordance with the Plan. If conflicts develop between the desires of partici- pants for particular sites or land uses, the Commis- sion is authorized to establish reasonable priorities and preferences among the Owners and Tenants. Some of - the factors to be considered in establishing these priorities and preferences may include: (1) A participant's length of occupancy in the area; (2) Accommodation of as many participants as possible; (3) Similarity of land use; (4) The necessity to assemble sites for integrated, modern development; (5) Conformity of a participant's proposal with the intent and objectives of the Plan; and (6) Service to the community of a participant's proposal. V. [S500] CONFORMING OWNERS The Commission may, in its sole and absolute discre- tion, determine that certain real property within the Project Area presently meets the requirements of the Plan, and the Owners of such property will be per- mitted to remain as conforming Owners without an Owner Participation Agreement with the Commission provided such Owners continue to operate, use and maintain the real property within the requirements of the Plan. In the event that any of the conforming Owners desire to (1) construct any additional improvements or sub- stantially alter or modify existing structures on any of the real property described above as conforming, or (2) acquire additional property within the Project Area, then, in such event, such conforming Owners may be required by the Commission to enter into an Owner Participation Agreement with the Commission. VI. [ §600] OWNER PARTICIPATION AGREEMENTS Public and private Owners or Tenants wishing to develop or improve their properties within the Project Area may be required, as a condition to Commission approval of such development or improvement, to enter into an Owner Participation Agreement with the Commission if the Commission determines it is necessary to impose upon such property any of the standards, restrictions and controls of the Plan. VII. [ §700] NOTICE TO OWNERS OR TENANTS; TIME TO ENTER INTO AGREEMENT If the Commission determines that an Owner or Tenant of real property within the Project Area shall be required to enter into an Owner Participation Agree- ment as provided in Section 600 of these rules, the Commission shall notify the Owner or Tenant in writing of its intention to require an Owner Participation Agreement and shall provide the Owner or Tenant with a copy of the proposed Owner Participation Agreement. An Owner or Tenant presented with an Owner Participa- tion Agreement by the Commission must enter into the Agreement within a reasonable period of time as deter- mined by the Commission. An Owner or Tenant must submit proof of his qualifications, including financial responsibility, to carry out the terms and provisions of the Owner Participation Agreement. VIII.[§800] CONTENTS OF OWNER PARTICIPATION AGREEMENTS An Owner Participation Agreement shall obligate the Owner, his heirs, and successors and assigns, and /or a Tenant to devote the property to the uses specified in -6- the Plan, abide by all provisions and conditions of the Plan for the period of time that the Plan is in force and effect, and comply with all the provisions of the Owner Participation Agreement according to their terms, duration and effect. An Owner Participation Agreement may provide that if the Owner or Tenant does not comply with the terms of the Agreement, the Commission in addition to other remedies, may acquire such property or any interest therein by any lawful means, including eminent domain, for its fair market value as of the date of the Owner Participation Agreement, and the Commission may thereafter dispose of the property or interest so acquired in accordance with the Plan. An Owner Participation Agreement shall contain such other terms and conditions which, in the discretion of the Commission may be necessary to effectuate the purposes of the Plan. IX. [ 000] LIMITATIONS ON ACQUISITION OF PROPERTY BY THE COMMISSION The Commission shall not acquire real property to be retained and developed by an Owner or Tenant pursuant to a fully executed Owner Participation Agreement if the Owner or Tenant fully performs under the Agreement. The Commission shall not acquire real property on which an existing building is to be continued on its present site under the Plan and in its present form and use without the consent of the Owner, unless: (1) Such building requires structural alteration, improvement, modernization or rehabilitation; (2) The site or lot on which the building is situated requires modification in size, shape or use; or (3) It is necessary to impose upon such property any of the standards, restrictions and controls of the Plan, and the Owner or Tenant fails or refuses to participate in redevelopment by executing an Owner Participation Agreement. X. [ §1000] PREFERENCE TO PROPERTY OWNERS AND TENANTS WITHIN THE PROJECT AREA Subject to these rules and the limitations in Sec- tions 300 and 400, Owners and Tenants who desire to acquire new property within the Project Area shall be extended a reasonable preference to acquire and develop property within the Project Area at such times as the Commission is able to make available for private development for such purpose properties within the Project Area; provided, however, that such development will be consistent with and will not impair the objectives of the Plan as determined by the Commission. Owners and Tenants shall also be extended a reasonable preference to re -enter within the redeveloped Project Area, if they otherwise meet the requirements prescribed in these rules and the Plan. XI. [ §11001 AMENDMENT OF RULES These rules may be modified or amended from time to time by the Commission at any regular or duly called special meeting, provided, however, that no such -8- amendment shall retroactively impair the rights of Owners or Tenants who have executed Owner Participa- tion Agreements with the Commission in reliance upon these rules as presently constituted. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Community Improvement Commission of the City of Alameda in a regular meeting assembled on the 181h of December, 1984, by the following vote, to wit: AYES: Commissioners Gorman, Hanna, Lucas, Monsef and Chairman Diament NOES: None. ABSENT: None. IN WITNE53 WHEREOF, I have hereunto set my hand and affixed the official Seal of said Commission this 19th day of December, 1984. Diane Fe sc , eCr2ta y Community Improvement Commission Anne Diament, Chairman Community Tmprovement Commission