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HomeMy WebLinkAbout2005-082 - Steadfast Courtyards L.P Relating to Properties Located at 1900 to 2110 North Main Street bk:8/30/05 RESOLUTION NO. 2005-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIOUS AGREEMENTS AND LAND EXCHANGES BETWEEN THE CITY, THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, CHARLES W. BOWERS MUSEUM CORPORATION AND STEADFAST COURTYARDS, L.P. RELATING TO PROPERTIES LOCATED AT 1900 TO 2110 NORTH MAIN STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Charles W. Bowers Museum Corporation has proposed an expansion to the Bowers Museum of Cultural Arts. B. The City Council has, concurrently with the consideration of this resolution, approved this expansion by introducing Amendment Application No. 2003-08 and approving Conditional Use Permit No. 2005-20. C. Pursuant to section 2-710 of the Municipal Code, the City Council may authorize the exchange of real property based on negotiation when recommended to do so by the City Manager. The City Manager has recommended that the City Council exchange the Bowers Museum parking lot, located at 1900 North Main Street, with property owned by Steadfast Communities, L.P. located immediately north of the Bowers expansion bearing Assessors Parcel Numbers 399-102-5, 399-102-06 and 399-102-07 (generally known as 2110 to 2110 North Main Street), pursuant to certain provisions and conditions. D. The City and Community Redevelopment Agency of the City of Santa Ana ("Agency") each own a portion of the current Bowers Museum Parking Lot. The City desires to accept title to that portion owned by the Agency to unify title of the parcel to be exchanged with Steadfast Communities, L.P. E. The City and Charles W. Bowers Museum Corporation are parties to that certain Amended and Restated Operating Agreement. The expansion of the Bowers Museum requires this agreement to be amended. F. Charles W. Bowers Museum Corporation has agreed to construct the Bowers Museum expansion. It is appropriate for the City and Charles W. Resolution No. 2005-082 Page 1 of 3 Bowers Museum Corporation to enter into an agreement for Charles W. Bowers Museum Corporation to construct the Museum expansion on the City's property. G. The Request for Agency/Council Action dated September 6, 2005 relating to this item is hereby incorporated by this reference. H. The Mitigated Negative Declaration and Monitoring Program for Environmental Review No. 2005-45, which covers these actions has been approved and adopted this day. Section 2. The City Council of the City of Santa Ana hereby directs the City Attorney to prepare and authorizes the City Manager and the Clerk of the Council to execute a Land Exchange Agreement and Escrow Instructions between the City of Santa Ana and Steadfast Courtyards, L.P. The City Manager may approve as to content and the City Attorney as to form, minor modifications to the agreement before its execution to the extent that such modifications are in keeping with the purpose and intent of this approval. Section 3. The City Council of the City of Santa Ana hereby directs the City Attorney to prepare and authorizes the City Manager and the Clerk of the Council to execute an First Amendment to the Amended and Restated Operating Agreement between the Charles W. Bowers Museum Corporation and the City. The City Manager may approve as to content and the City Attorney as to form, minor modifications to the agreement before its execution to the extent that such modifications are in keeping with the purpose and intent of this approval. Section 4. The City Council of the City of Santa Ana hereby directs the City Attorney to prepare and authorizes the City Manager and the Clerk of the Council to execute a Ground Lease between the City of Santa Ana, as Lessor and The Charles W. Bowers Museum Corporation, as Lessee. The City Manager may approve as to content and the City Attorney as to form, minor modifications to the agreement before its executiGln to the extent that such modifications are in keeping with the purpose and intent of this approval. Section 5. The City Manager is authorized to take all actions necessary to accept title to that portion of the Bowers Museum parking lot, located at 1900 North Main Street, currently owned by the Community Redevelopment Agency of the City of Santa Ana. ADOPTED this 6th day of September 2005. Resolution No. 2005-082 Page 2 of 3 /~~ Miguel A. Pulido Mayor 11 ~o ~;-r APPROVED AS TO FORM: Joseph W. Fletcher City Attorney /J /.0 , , AYES: Council members: Alvarez. Bustamante. Bist. Christv. Solorio (5) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: Pulido (1) NOT PRESENT: Councilmembers: Garcia (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-082 to be the original resolution adopted by the City Council of the City of Santa Ana on September 6. 2005. , / Date: /5/0 ~;- /' ~d/lL~~ Clerk of the Council City of Santa Ana -. / Resolution No, 2005-082 Page 3 013