HomeMy WebLinkAbout2009-003 - Approving the Sale of Said Real Property Upon the Terms and Conditions Contained in that Agreement
RESOLUTION NO. 2009-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY 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 A
DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE AGENCY AND RSI DEVELOPMENT, LLC,
FOR THE SALE OF CERTAIN REAL PROPERTY 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
Redevelopment Projects, including strengthening of public-private
partnerships to provide more affordable housing, and particularly to
provide decent, safe, sanitary, and affordable housing to the lower income
citizens of the City of Santa Ana.
B. In order to implement the Redevelopment Plan, the Agency proposes to sell
said real property located at 1112 and 1118 S. Orange Street (the Property)
pursuant to the terms and provisions of a Disposition and Development
Agreement (hereinafter referred to as the "Agreement") between the
Agency and RSI Development, LLC, which is on file in the office of the
Executive Director of the Agency.
C. RSI Development, LLC, shall construct and sell these two homes to
income qualified households. The term of afford ability on each of the
homes will be forty-five years.
D. The consideration for the Property is not less than the fair market value of
the land at the use and with the long term affordability covenants and
conditions and development costs authorized by the sale.
E. The Agreement contains all of the provisions, terms, conditions and
obligations required by the state and local laws, as well as long-term
affordability covenants benefiting the Agency.
Resolution No. 2009-003
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F. RSI Development, LLC, possesses the qualifications and financial
resources necessary to acquire and insure development of the Property as
two single-family homes to be sold to qualified low income families in
accordance with the purpose and objectives of the Redevelopment and
Implementation Plan.
G. Pursuant to the provisions of the Califomia Redevelopment Law, the
Agency and the City Council have held a duly noticed joint public hearing on
the proposed sale of the Property in compliance with Health and Safety
Code section 33433.
Section 2. The City Council has considered all terms and conditions of the
proposed sale to RSI Development, LLC, and hereby finds and determines that the sale
and development of the Property pursuant to the Agreement is in the best interest 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 sale of the Property pursuant to the Disposition and Development Agreement is
not less than the fair market value of the Property determined in accordance with the
covenants and conditions governing the sale.
Section 4. The sale of the Property by the Agency to RSI Development, LLC,
upon the terms and conditions contained in the Agreement is hereby approved.
Section 5. The Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 5th day of Januarv, 2009.
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
BY:f,~:" (f'~
Lisa E. Storck
Assistant City Attorney
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AYES: Councilmembers: Alvarez. Benavides. Bustamante. Martinez,
Pulido. Sarmiento. Tinaiero (7)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: None (0)
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached
Resolution No. 2009-003 to be the original resolution adopted by the City Council of the
City of Santa Ana on January 5. 2009.
Date: / - {i 7-- 0 9
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Patricia E. Healy
Clerk of Council
City of Santa Ana
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Resolution No. 2009-003
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