HomeMy WebLinkAboutRES NO 190-93RESOLUTION NO. ~ 9 0 ~ 9 3
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD APPROVING THE SALE AND LEASE FOR
DEVELOPMENT OF CERTAIN PROPERTY OF THE CE~TKAL
DISTRICT DEVELOPMENT AGENCY AND MAKING
FINDINGS RELAT~.,~
WHEREAS, the Central District Development Agency, hereinafter
referred to as "the Agency" and the City of Bakersfield,
hereinafter referred to as "the City" have considered a proposal to
enter into a certain Disposition and Development Agreement as the
same may have been amended prior to adoption of this Resolution,
hereinafter referred to as "the Agreement"; and
WHEREAS, the Agreement, copies of which are on file with the
City Clerk and with the Agency, contain, among other provisions, a
requirement that the City and the Agency convey certain property
described therein to JOHN Q. HAMMONS, one of the developers under
the Agreement, and that the City and the Agency lease certain other
property described therein to said JOHN Q. HAMMONS, hereinafter
referred to as "the Developer"; and
WHEREAS, the properties to be so conveyed and leased were or
will be acquired by the Agency, in whole or in part, directly or
indirectly, with tax increment moneys; and
WHEREAS, the Community Redevelopment Law of the State of
California, commencing with section 33000 of the Health and Safety
Code, and particularly section 33433 of said Law, requires that
before the City Council may approve the said conveyance and lease,
it must hold a noticed public hearing on the question; and
WHEREAS, the City Council has duly held said hearing and
received and considered at said meeting all written and oral
submittals relating to the said conveyance and lease; and
WHEREAS, notice of the time and place of said hearing before
the City Council was duly given as required by law; and
WHEREAS, such information and reports as are required by law
to be publicly available prior to the hearing before the City
Council were duly made available by the Agency for the required
period of time and were considered by the City Council together
with other relevant material, prior to adoption of this Resolution;
ORIGINAL
NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the
Council of the City of Bakersfield as follows:
1. The sale and conveyance of the approximately 4.92 acre
parcel of real property designated herein and in the Agreement as
"the Site" for the Convention Center Hotel will assist in the
elimination of blight for the reasons set forth in the Summary
Report respecting the Agreement filed by the Agency with the City
Clerk on December 1, 1993 and for the reasons adduced at the public
hearing on the Agreement;
2. The lease of the Ballroom to the Developer as provided in
Attachment 11 to the Agreement will assist in the elimination of
blight for the reasons set forth in the Summary Report respecting
the Agreement filed by the Agency with the City Clerk on
December 1, 1993 and for the reasons adduced at the public hearing
on the Agreement;
3. The consideration which the Developer will furnish for
the conveyance to him of the Site is not less than the fair market
value and is not less than the fair reuse value of the Site at the
use and with the covenants and conditions and development costs
authorized and imposed by the Agreement. The covenants, conditions
and development costs imposed upon the Developer by the Agreement
are necessary to effectively implement the Redevelopment Plan for
the following reasons: the Site presently contains a shell of a
hotel structure which has been left partially completed since !9~
creating in itself a condition of blight and making the Site
unmarketable for all practical purposes; development of the Site as
a hotel furnishing a support complex for the Bakersfield Convention
Center will help eliminate the state of blight created by the
unfinished structure on the Site and in the surrounding
neighborhood, and will attract users of the Convention Center.
Thus the authorization and imposition of the conditions, convenants
and costs incorporated into the Agreement are reasonably necessary
to help implement the Redevelopment Plan and remove a blighted
condition from the Redevelopment Project area;
4. The consideration which the Developer will furnish for
the lease of the Ballroom is either not less than the fair market
value at its highest and best use in accordance with the
redevelopment Plan and in accordance with the covenants and
conditions governing the lease as set forth in the Agreement, or is
not less than the fair reuse value of the Ballroom at the use and
with the covenants and conditions and development costs authorized
by the Agreement;
5. In order to effectuate the purposes of the redevelopment
Plan, it is necessary that the sale and conveyance of the Site and
the lease of the Ballroom be approved for the respective amounts of
consideration provided in the Agreement, even if it be determined
that either consideration is less than fair market value.
6. The conveyance of the Site to Developer, in acc~nce
0S;~A[
with the terms and conditions of the Agreement as approved at the
above-referenced public hearing, is hereby approved.
7. The lease of the Ballroom to Developer, in accordance
with the terms and conditions of the Agreement and of Attachment
No. 11 to the Agreement as approved at the above-referenced public
hearing, is hereby approved.
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I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on DF~ I ~ ~ by the
following vote: '
AYES: COUNCILMEMBERS McDERMOT)', EDWARDS, DeMOND, SMITH, BRUNNI, ROWLES, SALVAGGIO
NOES: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
~)~F. NT; ~,OUNGtLMEMBERS I~JD hE,-.
APPROVED: DEC 1 5 ~
BOB'PR~~
Mayor of the City of Bakersfield
COUNCIL OF THE CITY OF BA~RSFI~D
APPROVED AS TO FORM:
A~ing Ci~ Attorney of the
Ci[y of B~kersfield
JKS:fet:~p
FET3\DUDDY\Resol.DDA
12/15/93
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ORIGINAL ~