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Chapter 2.08 <br />PARTICIPATION BY OWNERS AND <br />TENANTS <br />Sections: <br />2.08.010 <br />Owner and tenant <br />participation. <br />2.08.020 <br />Participation agreements. <br />2.08.030 <br />Certificate of <br />conformance. <br />2.08.010 Owner and tenant <br />participation. <br />As provided for in Sections 33339 and <br />33339.5 of the California Health and Safety <br />Code, the agency shall extend a reasonable <br />opportunity to the present owners in the pro- <br />ject area, to participate in the redevelopment <br />of the project area if they otherwise meet the <br />requirements prescribed by this plan and the <br />rules governing participation promulgated <br />by the agency, which rules may be amended <br />from time to time. The agency shall further <br />extend reasonable preference to persons who <br />are engaged in businesses in the project area <br />to re-enter in business within the redevel- <br />oped area if they otherwise meet the re- <br />quirements prescribed by this plan and as <br />maybe from time to time be promulgated by <br />the agency. <br />The agency desires participation in rede- <br />velopment by as many owners and business <br />tenants as reasonably feasible. However, <br />participation opportunities shall necessarily <br />be subject to and limited by such factors as <br />the expansion of public facilities; elimina- <br />tion and changing of land uses; realignment <br />of streets; the ability of the agency and/or <br />owners to finance acquisition and redevel- <br />opment in accordance with this plan; devel- <br />opment experience, assembly and redevel- <br />►MIMI [11 <br />opment of areas for public and/or private <br />development in accordance with this plan; <br />and any reduction in the total number of in- <br />dividual parcels in the project area. (Ord. <br />93-012 § 406, 1993) <br />2.08.020 Participation agreements. <br />The agency may enter into a binding <br />agreement with each person desiring to par- <br />ticipate in redevelopment pursuant to the <br />redevelopment plan by which the participant <br />agrees to rehabilitate, develop or use the <br />property in conformance with the plan and <br />be subject to the provisions hereof and such <br />other provisions and conditions to which the <br />parties may agree. In the agreement, when- <br />ever it is appropriate to do so, participants <br />who retain real property shall be required to <br />join in the recordation of such documents as <br />are necessary to make the provisions of this <br />plan applicable to their properties. In the <br />event a participant breaches the terms of an <br />owner participation agreement, the agency <br />shall declare the agreement terminated and <br />may acquire the real property of any interest <br />herein. In the event that the agency is not <br />directly involved in the development of a <br />particular property a participation agreement <br />shall not be required. The determination of <br />whether or not a participation agreement is <br />beneficial to the implementation of the rede- <br />velopment plan shall be made by the execu- <br />tive director of the agency or his/her desig- <br />nated representative whose decision, subject <br />to an appeal to the agency board, shall be <br />final. For potential agreements in the unin- <br />corporated sections of the project area, the <br />county must consider and approve such <br />agreements prior to any determination by the <br />executive director or a designated repre- <br />sentative and action by the agency. <br />69 (San Leandro Redevelopment Agency Supp. No. 2, 12-05) <br />