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HomeMy WebLinkAboutRES NO 93-86 COUNCIL RESOLUTION NO.93-86 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE BAKERSFIELD REDEVELOPMENT AGENCY AND BAKERS- FIELD CONVENTION CENTER HOTEL ASSOCIATES, LTD. WHEREAS, the Bakersfield Redevelopment Agency (the "Agency") is carrying out the Redevelopment Plan (the "Redevelopment Plan") for the Downtown Bakersfield Redevelopment Project (the "Project"); and WHEREAS, in implementation of the Redevelopment Plan, the Agency entered into a Disposition and Development Agreement (the "DDA") dated May 18, 1982, a First Implementation Agreement to the DDA dated November 15, 1982, a Second Implementation Agreement to the DDA dated June 8, 1983, and a Third Implementation Agreement to the DDA dated December 15, 1983 (hereinafter collectively referred to as the "Original DDA") with Balkersfield Metropolitan Association for the lease and development of certain real property (the "Site"); and WHEREAS, pursuant to the Original DDA, Bakersfield Metropolitan Association assigned the Original DDA to Bakersfield Convention Center Hotel Associates, Ltd. (the "Developer"); and W~EREA$, the Agency has received a proposed Amended and Restated Disposition and Development Agreement (the "Amended DDA") from the Developer, which amends, supersedes and replaces in its entirety the Original DDA, which reflects changes considered necessary to effectu- ate development of the Site; and WHEREAS, the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.) provides in Section 33431 that any sale or lease of Agency property may be made only after a public hearing of the Agency after publication of notice as provided by law; and W~EREAS, the Community Redevelopment Law further provides in sec- tion 33433 that before any property acquired, in whole or in part, with tax increment monies is sold or leased for development pursuant to the redevelopment plan, such sale or lease shall first be approved by the City Council after a public hearing of the City Council after publication of notice as provided by law, and that the Agency shall make available for public inspection a copy of the proposed sale or lease and a summary of the financial aspects of the transaction; and WHEREAS, notice of a joint public hearing by the City Council of the City of Bakersfield and the Agency on the Amended DDA was pub- lished in the Bakersfield Californian on June 18, June 25, and June 30, 1986; and WHEREAS, the Agency prepared a report pursuant to Section 33433 of the Health and Safety Code and the report was made available to the public for inspection; and WHEREAS, pursuant to Section 33445 of the Community Redevelopment Law, the Agency is authorized with the consent of the City Council, to pay all or any part of the value of and the cost of installation and construction of any building, facility, structure or other improvement which is publicly owned either within or without the Project Area upon a determination by the City Council that such building, facility, structure or other improvement is of benefit to the Project Area or the immediate area in which the Project is located and that no other rea- sonable means of financing such building, facility, structure or other improvement is available to the community; and WHEREAS, the City Council and the Agency held a joint public hear- ing on July 2, 1986, in the City Council Chambers to consider and act on the lease and development of the Site pursuant tot he Amended DDA; and W~EHEAS, all potential significant environmental effects of the Project as proposed under the Amended DDA have been reviewed and con- sidered in the existing approved Negative Declaration on the Project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAKERSFIELD DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby finds and determines that the lease payments for the Site by the Developer to the City Council pur- suant to the Amended DDA are in amounts necessary to effectuate the purposes of the Redevelopment Plan and are not less than fair market value in accordance with the covenants and conditions governing the lease. To the extent it is determined that such consideration is less than fair market value, the City Council hereby finds and determines that such lesser consideration is necessary to effectuate the purpose of the Redevelopment Plan. This finding is based upon the information contained in the financial summary prepared pursuant to Health and Safety Code Section 33433. -2- Section 2. The City Council hereby finds and determines that the provision of public improvements by the Agency in connection with the development of the Site is of benefit to the Project Area and that no other reasonable means of financing such public improvements are available to the community, and the City Council hereby authorizes the Agency to pay for all or part of the land for and the costs of instal- lation and construction of such public improvements. Section 3. The City Council hereby approves and authorizes tion of the Amended DDA by the Agency. PASSED AND ADOPTED this 2nd day of July 1986, roll call vote: AYES:Childs, Christensen, Dickerson, Moore, Salvaggio, NOES:None ABSTAIN:None ABSENT: Ratty execu- by the following Smith CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 2 day of July, 1986 MAYOR of the City of Bakersfield APPROVED as to form: C~TY ATTORNEY of the City of Bakersfield -3-