HomeMy WebLinkAbout2007 CC RESO 2007-224 CDCRESOLUTION NO. 2007 — 224
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY ("CDC")
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE
A SETTLEMENT AND RELEASE OF CLAIMS AGREEMENT
WITH AARB LLC, BEAUCHAMP FAMILY TRUST, THE HENSCHEL TRUST,
THE ESTATE OF ARTHUR 0 HENSCHEL JR., JAMES L HENSCHEL,
ARTHUR 0 HENSCHEL III, AND CHARLENE BENNETT RELATED
TO ENVIRONMENTAL COSTS, EMINENT DOMAIN ACTION
BY THE CDC, AND CLAIMS FOR ENVIRONMENTAL COSTS
UNDER THE POLANCO REDEVELOPMENT ACT
FOR THE PARK VILLAGE PROJECT
WHEREAS, on February 22, 2005, the Community Development Commission of
the City of National City ("CDC") entered into an Owner Participation Agreement ("OPA") with
the Beauchamp Family Trust for a project called Park Village ("Project"), located within the block
bounded by National City Boulevard, Plaza Boulevard, Roosevelt Avenue, and 11`" Street; and
WHEREAS, the Henschel Trust owns property within the Project which has been
impacted by hazardous substances from historical land uses including a dry cleaning plant; and
WHEREAS, on December 13, 2005, the CDC adopted Resolution No. 2005-113
authorizing the transfer of the OPA to AARB, LLC; and
WHEREAS, on February 3, 2006, the CDC filed Case No. GIC 860857 in the
Superior Court of San Diego County being an action in eminent domain to take the Property and
making claims under the Polanco Redevelopment Act for Environmental Costs at the Property;
and
WHEREAS, CDC consultants estimated the value of the Environmental Costs at
more than $2 million; and
WHEREAS, the Parties now desire to settle all claims and matters between them
including Past Environmental Costs, Future Environmental Costs, the Eminent Domain Action,
and the Polanco Act Redevelopment Claims.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City authorizes the Executive Director to execute a
Settlement Agreement and Mutual Release of Claims with AARB, LLC., the Beauchamp Family
Trust; the Henschel Trust; the estate of Arthur O. Henschel, Jr., James L. Henschel, Arthur O.
Henschel III, and Charlene Bennett. Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 18th day of
ATTES
Brad Raulston, etary
Apr Ron Morrison, Chairman
APPROVED AS TO FORM:
at
George H. iser, III
Legal Counsel
Passed and adopted by the Community Development Commission of the City of National
City, Califomia, on September 18, 2007, by the following vote, to -wit:
Ayes: Commissioners Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: Commissioner Zarate.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Community Development Commission
Secretary, o munity Development Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-224 of the Community Development Commission of the City of
National City, Califomia, passed and adopted on September 18, 2007.
Secretary, Community Development Commission
By:
Deputy