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HomeMy WebLinkAboutRES NO 40-82RESOLUTION NO. 40-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD MAKING CERTAIN FINDINGS WITH RESPECT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE BAKERSFIELD REDEVELOPMENT AGENCY AND BAKERSFIELD METROPOLITAN ASSOCIATION APPROVING THE PROPOSED LEASE OF CERTAIN REAL PROPERTY AND THE DISPOSITION AND DEVELOPMENT AGREEMENT FOR THE CONVENTION CENTER HOTEL. WHEREAS, the Bakersfield Redevelopment Agency (the "Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Downtown Bakersfield Redevelopment Project (the "Project"); and WHEREAS, in order to implement the Redevelopment Plan, the Agency proposes to lease certain real'property (the "Site") in the Project area, pursuant to the terms and provisions of a Disposition and Development Agreement (the "Agreement"), which property is described in said Agreement; and WHEREAS, Bakersfield Metropolitan Association (the "Developer") has submitted to the Agency a written offer in the form of said Agreement to purchase and lease or sublease the Site; and WHEREAS, the proposed Agreement contains all the provisions, terms, conditions and obligations required by State and local law; and WHEREAS, the Developer possesses the qualifications and financial resources necessary to acquire and insure development of the Site in accordance with the purposes and objectives of the Redevelopment Plan; and WHEREAS, the Agency has prepared and this City Council has reviewed and considered a summary setting forth the cost of the Agreement to the Agency, the estimated value of the interests to be conveyed determined at the highest uses permitted under the Redevelopment Plan, the lease price, and the reasons for any difference in the lease price and the estimated value of the interests conveyed, and made said summary available for public inspection in accordance with the California Community Redevelop- ment Law; and WHEREAS, the City Council has found on the basis of a Negative Declaration that the proposed Agreement will not have a significant effect on the environment; and WHEREAS, pursuant to the provisions of the California Community Redevelopment Law, the Agency and the City Council of the City of Bakersfield held a duly noticed joint public hearing on the proposed lease of the Site and the proposed Agreement, said notice having been published in the Bakersfield Californian on April 9, 12 and 20, 1982; and WHEREAS, the City Council has considered all terms and conditions of the proposed lease, and believes that the redevelopment of the Site pursuant to the proposed Agreement is in the best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law. NOW, THEREFORE, the City Council of the City of Bakers- field does resolve as follows: 1. The City Council hereby finds and determines that the consideration for the lease of the Site pursuant to the Disposition and Development Agreement between the City Council and Bakersfield Metropolitan Association is not less than fair market value of the interests conveyed, determined at the highest uses permitted under the Redevelopment Plan, in accordance with the covenants and conditions governing such lease. This finding is based upon t-he reasons contained in the-financial--summary prepared pursuant to Health and Safety Code Section 33433. 2. The City Council hereby finds and determines that the lease of the Site pursuant to the Agreement is necessary to effectuate the purposes of the Downtown Bakersfield Redevelopment Plan. 3. The lease of the Site by the City Council to Bakersfield Metropolitan Association, and the Agreement which establishes the terms and conditions for the lease and develop- ment of such Site, are hereby approved. o0o. 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 the 27th day of April, 1982, by the following vote: AYES: COUNCILMEN: BARTON, CHRISTENSEN, MEANS, I~'A'¥Ne, RATTY, ROCKOFF, STRONG ~i~,~TAINING: COUNCILMEN: 'Y~ E~r CIT k of Council of the City of Bakersfield APPRO~Z~.~ th{~---27~!~ay of April 1982 the APPROVED as to form: RJO:mrO -3-