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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. .......... o0o .......... 3 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 4 ORIGINAL ~