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HomeMy WebLinkAboutRES NO RA006-10 RESOLUTION NO. 1A 0 0 6' 1 0 A RESOLUTION OF THE BAKERSFIELD REDEVELOPMENT AGENCY OF THE CITY OF BAKERSFIELD APPROVING THE TRANSFER OF REAL PROPERTY BY THE BAKERSFIELD REDEVELOPMENT AGENCY FOR $1.00 TO CLINICA SIERRA VISTA FOR THE EAST BAKERFIELD DENTAL CENTER WHEREAS, the Redevelopment Plan for the Southeast Bakersfield Redevelopment Project Area (the "Redevelopment Plan") was approved and adopted by the City Council of the City of Bakersfield; and WHEREAS, the Bakersfield Redevelopment Agency (the "Agency") is authorized and empowered under Community Redevelopment Law to enter into agreements for the acquisition, disposition and development of real property and otherwise assist in the redevelopment of real property within a redevelopment project area in conformity with a redevelopment plan adopted for such area, to acquire real and personal property within redevelopment project areas, to receive consideration for the provision by the Agency of redevelopment assistance, to make and execute contracts and other instruments necessary or convenient to exercise its powers, and to incur indebtedness to finance or refinance redevelopment projects; and WHEREAS, the Agency owns that certain real property of approximately .604 net acres within the Southeast Bakersfield Redevelopment Project Area, and located in the City of Bakersfield between California Avenue and South Owens Street, and South Robinson Street comprised of a portion of assessor parcel no. 018-040-02("the Property") and is more particularly described in Exhibit "A" ("Legal Description"), which is attached hereto and incorporated herein by reference; and WHEREAS, CLINICA SIERRA VISTA, ("the Buyer") desires to acquire the Property to develop a 3,863 square foot Dental Clinic on the property according to the terms of the Disposition and Development Agreement ("DDA"). The use of the Property is in accordance with the Redevelopment Plan and the requirements of the City of Bakersfield; and WHEREAS, the Agency desires to enter into a Disposition and Development Agreement for the conveyance of the property (the "Agreement") with the Buyer and a builder in order to implement the provisions of the Redevelopment Plan by providing a dental clinic project; and WHEREAS, the Agency and the Buyer have negotiated the Agreement in good faith in order to implement the provisions of the Redevelopment Plan, by providing for dental clinic; and WHEREAS, the purchase price negotiated for the Property as part of the DDA is the amount of One Dollar ($1.00) which price was determined by the Agency, and fair reuse analysis conducted by GRC & Associates, Inc.; and m_ AGENCY 1 ORIGINAL C:\DOCUME-1\cgutierr\LOCALS-1\Temp\XPgrpwise\33433 reso E. CA. Ave. RDA2.docx t September 3, 2008 --j WHEREAS, pursuant to Section 33433 of the California Health and Safety Code, the Agency is authorized, with the approval of the Bakersfield City Council, after a duly noticed public hearing, to sell or lease the Property, for development pursuant to the Redevelopment Plan upon a determination by the City Council that the disposition of the Property will assist in the elimination of blight, and is consistent with the implementation plan adopted for the redevelopment project area pursuant to the Health and Safety Code Section 33490, and the consideration for such disposition is not less than either the fair market value or fair reuse value of the Property in accordance with the covenants and conditions governing the disposition and development costs required thereof; and WHEREAS, the proposed DDA, and a summary report meeting the requirements of the Health and Safety Code Section 33433, were available for public inspection consistent with the requirements of the Health and Safety Code Section 33433; and WHEREAS, on May 5, 2010, the City Council of the City of Bakersfield held a duly noticed public hearing on the proposed conveyance of the Property in accordance with the requirements of the Health and Safety Code Section 33433, at which time the City Council reviewed and evaluated all the information, testimony, and evidence presented during the public hearing and approved the proposed entry into the DDA by the Agency, including the disposition of the Property; and WHEREAS, all actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner; and WHEREAS, the Bakersfield Redevelopment Agency has reviewed the summary report required pursuant to the Health and Safety Code Section 33433 and evaluated other information provided to it pertaining to the findings required pursuant to the Health and Safety Code Section 33433; and WHEREAS, the Bakersfield Redevelopment Agency has duly considered all the terms and conditions of the proposed Agreement and believes that the disposition of the Property pursuant thereto is in the best interest of the City of Bakersfield and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of the applicable state and local laws and requirements; and WHEREAS, the project qualifies as CEQA exempt under Section 15332 Under Infill Development and therefore will not result in any significant effects related to traffic, noise, air or water quality. WHEREAS, notices of the public hearing before the City Council were duly published on April 20, 2010 and April 25, 2010; and NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE BAKERSFIELD REDEVELOPMENT AGENCY OF THE CITY OF BAKERSFIELD, AS FOLLOWS: AGENCY 2 ORIGINAL C:\DOCUME-1\cgutierr\LOCALS-1\TempVPgrpwise\33433 reso E. CA. Ave. RDA2.docx ^ w~~ September 3, 2008 1. The above recitals and findings are true and correct, and all required public notices have been provided. 2. The Bakersfield Redevelopment Agency finds and determines that, based upon evidence provided in the record before it, the consideration for the Agency's disposition of the Property pursuant to the terms and conditions of the Agreement, is not less than the fair reuse value in accordance with the Redevelopment Plan. 3. The Bakersfield Redevelopment Agency hereby finds and determines that the disposition of the Property pursuant to the DDA will: (i) assist in the elimination of blight by providing for the development of a Dental Clinic which will serve as a catalyst for the development of other property in the Southeast Bakersfield Redevelopment Project Area and will also help to create new employment opportunities, and (ii) is consistent with the implementation plan for the Southeast Bakersfield Redevelopment Project Area adopted by the Agency pursuant to the Health and Safety Code Section 33490. 4. The Bakersfield Redevelopment Agency hereby concurs in the authorization of the Agency's chair executing the DDA Agreement, and to take such actions and to execute such other documents on behalf of the Agency as necessary relative to the implementation and furtherance of the Agreement. AGENCY 3 ORIGINAL C:\DOCUME-1\cgutierr\LOCALS-1\Temp\XPgrpwise\33433 reso E. CA. Ave. RDA2.docx September 3, 2008' I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Bakersfield Redevelopment Agency of the City of Bakersfield at a regular meeting thereof held on MAY 1 0.2010 , by the following vote: AGENCY MEMBER BENTLEY, KOfvIAN, KNAPP, ORDIZ, PR NI CE NOES: AGENCY MEMBER AUSIA4 AGENCY MEMBER ABSENT' • AGENCY MEMBER l -Z" SECRETARY of the Bakersfi I Redevelopment Agency APPROVED: MAY 10 2010 /17 1-fl- - 764/4&"4~ P LIP BENTLE HAIRPERSON AKERSFIELD REDEVELOPMENT AGENCY APPROVED AS TO FORM: VIRGINIA GENNARO GENERAL COUNSEL 12J41 Blpeputy HUA H. RUDNICK City y Attorney II AGENCY 4 ORIGINAL I C:\DOCUME-l\cgutierr\LOCALS-1\Temp\XPgrpwise\33433 reso E. CA. Ave. RDA2.docx September 3. 2008 EXHIBIT "A" LEGAL DESCRIPTION Being a division of Parcel "A" of Parcel Map Waiver P00-0738 as evidenced by that certain Certificate of Compliance recorded October 12, 2000 as Document No. 0200127498 filed in the office of the Kern County Recorder also being a portion of the Northeast quarter of Section 32, Township 29 South, Range 28 East, Mount Diablo Base and Meridian in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: Parcel 1 Parcel "A" of said Parcel Map Waiver P00-0738 excluding the west 728.33 feet. Containing 1.10 Gross Acres AGENCY 5 ORIGINAL C:\DOCUME-1\cgutierr\LOCALS-1\Temp\XPgrpwise\33433 reso E. CA. Ave. RDA2.docx i September 3, 2008