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HomeMy WebLinkAbout2005-123 - Central City Redevelopment Project bk: 12/05/05 RESOLUTION NO. 2005-123 A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA MAKING CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA PURSUANT TO THE FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, AND SANTA ANA TRANSIT VILLAGE, LLC, FOR THE SALE OF CERTAIN REAL PROPERTY IN THE CENTRAL CITY REDEVELOPMENT PROJECT AND APPROVING THE SALE OF SAID REAL PROPERTY UPON THE TERMS AND CONDITIONS CONTAINED IN THAT AGREEMENT 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 Community Redevelopment Agency of the City of Santa Ana (hereinafter referred to as the "Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Merged Project Area, in the area formerly known as the Inter City Commuter Station Redevelopment Project. B. In order to implement the Redevelopment Plan, the Agency has previously agreed, subject to the approval of this Council, to sell certain real property in the Project Area, pursuant to the terms and provisions of that certain Disposition and Development Agreement (hereinafter referred to as the "Agreement") between the Agency and Santa Ana Transit Village, LLC, which is on file in the office of the Executive Director of the Agency, in which said real property, commonly referred to as 901 & 927 East Santa Ana Boulevard, County of Orange Assessor Parcel Numbers 398-201-05 & 398-201-07 (collectively "the Site") is described. C. The sale previously agreed to, included the sale of one of the two parcels, 901 East Santa Ana Boulevard, at its fair reuse value. D. The Developer has requested, by way of a First Amendment to the Agreement, to acquire 901 East Santa Ana Boulevard for its fair market value, rather than at a subsidized fair reuse value. Resolution No. 2005-123 Page 1 of 3 E. The First Amendment to the Agreement, a true and correct copy of which is on file with the Secretary, contains all of the provisions, terms, conditions and obligations required by the state and local laws. F. Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2003-182, was approved and adopted by resolution which came before the City Council on April 19, 2004. Except for financial terms, the project as described in this Mitigated Negative Declaration has not been altered in any way, and for this reason the subsequent use of this Mitigated Declaration is appropriate, and is hereby approved. This resolution incorporates by reference, as though fully set forth herein, said Council resolution and the Mitigated Negative Declaration and Mitigation Monitoring Program. G. Pursuant to the provisions of the California Redevelopment Law, the Agency and the City Council have held a duly noticed joint public hearing on the proposed sale of the Site pursuant to the Agreement. Section 2. The City Council has considered all terms and conditions of the proposed sale and hereby finds and determines that the sale and the redevelopment of the Site as provided for in the First Amendment to the Agreement is the best interests of the City of Santa Ana and the health, safety and welfare of its residents, and is in accord with the public purpose and provisions of the applicable state and local laws. Section 3. The City Council hereby finds and determines that the consideration for the revised sale price for 901 East Santa Ana Boulevard pursuant to the First Amendment to the Disposition and Development Agreement is not less than the fair market value of the Site determined in accordance with the covenants and conditions governing the sale. Section 4. The revised sales price and sale of 901 East Santa Ana Boulevard parcel by the Agency to Santa Ana Transit Village, LLC, upon the terms and conditions contained in the First Amendment to the Agreement is hereby approved. Section 5. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 19th day of December, 2005. Resolution No. 2005-123 Page 2 of 3 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney .~ lit' By: / / ! 1--- B~jaWin Kauf~an CfietAssistant' City Attorney AYES: Councilmembers: Bisl. Bustamante. Christy. Pulido. Solorio (5) NOES: Councilmembers: Alvarez (1) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Garcia (1) CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2005-123 to be the original resolution adopted by the City Council of the City of Santa Ana on December 19. 2005. Date: / ~/ C{ ) i' -< ,/1 L/-C-e...--C'../ ./' ' Clerk of Council City of Santa Ana / / ~:<--~-< , , "J Resolution No. 2005-123 Page 3 of 3