Deed - Burrell Baseball Park - File 624, 1966-1121

Home

Chapter 2.08 PARTICIPATION BY OWNERS AND TENANTS Sections: 2.08.010 Owner and tenant participation. 2.08.020 Participation agreements. 2.08.030 Certificate of conformance. 2.08.010 Owner and tenant participation. As provided for in Sections 33339 and 33339.5 of the California Health and Safety Code, the agency shall extend a reasonable op- portunity to the present owners in the project area, to participate in the redevelopment of the project area if they otherwise meet the re- quirements prescribed by this plan and the rules governing participation promulgated by the agency, which rules may be amended from time to time. The agency shall further extend reasonable preference to persons who are en- gaged in businesses in the project area to re- enter in business within the redeveloped area if they otherwise meet the requirements pre- scribed by this plan and as maybe from time to time be promulgated by the agency. The agency desires participation in redevel- opment by as many owners and business ten- ants as reasonably feasible. However, participa- tion opportunities shall necessarily be subject to and limited by such factors as the expansion of public facilities; elimination and changing of land uses; realignment of streets; the ability of the agency and/or owners to finance acquisition and redevelopment in accordance with this plan; development experience, assembly and redevelopment of areas for public and/or pri- vate development in accordance with this plan; 2.08.010 and any reduction in the total number of indi- vidual parcels in the project area. (Ord. 93-012 § 406, 1993) 2.08.020 Participation agreements. The agency may enter into a binding agree- ment with each person desiring to participate in redevelopment pursuant to the redevelopment plan by which the participant agrees to rehabili- tate, develop or use the property in confor- mance with the plan and be subject to the pro- visions hereof and such other provisions and conditions to which the parties may agree. In the agreement, whenever it is appropriate to do so, participants who retain real property shall be required to join in the recordation of such documents as are necessary to make the provi- sions of this plan applicable to their properties. In the event a participant breaches the terms of an owner participation agreement, the agency shall declare the agreement terminated and may acquire the real property of any interest herein. In the event that the agency is not directly in- volved in the development of a particular prop- erty a participation agreement shall not be re- quired. The determination of whether or not a participation agreement is beneficial to the im- plementation of the redevelopment plan shall be made by the executive director of the agency or his/her designated representative whose de- cision, subject to an appeal to the agency board, shall be final. For potential agreements in the unincorporated sections of the project area, the county must consider and approve such agree- ments prior to any determination by the 68-1 (San Leandro Redevelopment Agency 9-02)