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HomeMy WebLinkAboutRES NO 135-83121583 COUNCIL RESOLUTION NO. 135-53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVING AND AUTHORIZING THE EXECUTION OF A THIRD IMPLEMENTATION AGREEMENT TO THE DISPOSI- TION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AND BAKERSFIELD METROPOLITAN ASSOCIATION WHEREAS, pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.), 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, the Agency and Bakersfield Metropolitan Association (the "Developer") entered into a Disposition and Development Agreement dated May 18, 1982, a First Implement- ation Agreement to Disposition and Development Agreement dated November 15, 1982, and a Second Implementation to Disposition and Development Agreement dated June 8, 1983 (collectively hereinafter referred to as the "DDA") pursuant to which the Agency agreed to acquire and lease and the Developer agreed to lease and develop certain real property (the "Site") located within the boundaries of the Project; and WHEREAS, the Agency and the Developer now desire to make certain modifications and additions to the DDA in light of current conditions pursuant to a Third Implementation Agreement to the Disposition and Development Agreement (the "Agreement"); and WHEREAS, the Community Redevelopment Law 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 WHEREAS, the Community Redevelopment Law further provides in Section 33433 that before any property acquired, in whole or in part, with tax increment monies is sold or leased for development pursuant to a redevelopment plan, such sale or lease shall first be approved by the City Council after a public hearing, that notice of the time and place of the hearing shall be published in a newspaper of general circulation in the community for at least two (2) successive weeks prior to the hearing, 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 proposal; 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 reasonable means of financing such building, facility, structure or other improvement are available to the community; and WHEREAS, notice of joint public hearing by the City Council of the City of Bakersfield and the Agency was published in the Bakersfield Californian on December 1, December 6 and December 13, 1983; and WHEREAS, the Agency prepared a report containing the information required by Sections 33433 and 33679 of the Community Redevelopment Law, and said report was made available to the public for inspection; and WHEREAS, the City Council and the Agency held a joint public hearing on December 15, 1983, in the City Council Chambers to consider and act on the disposition and develop- ment of the Site pursuant to the Agreement; and WHEREAS, the environmental effects of the proposed development were properly studied and assessed and it was determined that the Project would not cause any significant -2- environmental effects, and a Negative Declaration was approved and adopted on April 27, 1982. The Agency further finds and determines that there have not been any changes in the Project which would require another environmental review; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAKERSFIELD DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby finds and deter- mines that the lease payments for the Site pursuant to the DDA constitute a fair and equitable price for the land according to its value and such consideration is necessary to effectuate the purposes of the Redevelopment Plan. This finding is based upon the reasons contained in the financial summary prepared pursuant to Section 33433 of the Community Redevelopment Law. Section 2. The City Council hereby finds and deter- mines that the provision of improvements to the civic audi- torium, and streets, sidewalks, utilities and other improve- ments by the Agency for the development of the Site is nece- ssary to effectuate the purposes of the Redevelopment Plan, and the City Council hereby consents to the provision of such improvements. Section 3. The City Council hereby finds and deter- mines that the provision of the publicly-owned improvements specified in Section 2 above by the Agency or other public bodies in connection with the development of the Site are 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 any part of the land for and the costs of installation and construction of such public improvements. Section 4. The City Council hereby approves and authorizes execution of the Third Implementation Agreement to the Disposition and Development Agreement, and the Chairman and Secretary of the Agency are hereby authorized -3- and directed to execute said Agency. PASSED AND ADOPTED this 1983, by the following vote: Agreement on l!~th day of behalf of the December AYES: NOES: ABSENT: ATTEST: ~/May Assistan~ City Clerk Approved as to form: -4-