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.
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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
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