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HomeMy WebLinkAbout2016-075 - Direct Negotiations for the Sale of City-Owned Real PropertyROH - 09/20/2016 RESOLUTION NO. 2016 -075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING DIRECT NEGOTIATIONS FOR THE SALE OF CITY -OWNED REAL PROPERTY AT 2129 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. In September 2015, the City of Santa Ana ( "City ") was approached by Net Development Co. ( "Developer ") to construct a new hotel at 2129 North Main Street ( "Property "). B. The Property is an underutilized parcel owned by the City that is currently being used as a parking lot. However, the Property is not necessary for the City's use. C. The City finds that the development of a hotel on the Property will add a public benefit through the increase of Hotel Visitor Taxes (HVT). This increase will help fund local services such as infrastructure improvements, new public parks, environmental preservation, and increases in public safety for residents of the City. D. Santa Ana Municipal Code section 2 -706 establishes the procedures for the sale of City -owned real property. Under these procedures, following council authorization for sale, City -owned real property shall be sold by competitive bidding to the highest bidder subject to final authorization of the City Council. E. As permitted by Santa Ana Municipal Code section 2 -709, the sale of City - owned real property may be exempted from this manner of sale upon 2/3 vote of the City Council after a duly noticed public hearing, whereby the sale may instead be made upon a basis of direct negotiations without the necessity for public auction or competitive bidding, when the authority to so negotiate has been granted by the City Council. Resolution No. 2016 -075 Page 1 of 3 F. On September 20, 2016, the City Council held a duly noticed public hearing after which a 2/3 majority of the City Council voted to exempt the sale of the real property at 2129 North Main Street from competitive bidding and authorize direct negotiations for its sale with the Developer, an entity that intends to develop the site as a hotel. Section 2. The City Council of the City of Santa Ana hereby exempts the sale of the City -owned real property at 2129 North Main Street from the competitive bidding procedures in Santa Ana Municipal Code section 2 -706 and authorizes the City Manager or his designee to negotiate directly for its sale with Net Development Co., in accordance with Santa Ana Municipal Code section 2 -709. Section 3. The City Council of the City of Santa Ana also hereby authorizes the City Manager and the City Attorney to execute an Exclusive Negotiation Agreement - (ENA) with Net Development Co. for the purpose of developing a hotel on the Property. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 20th day of September, 2016. APPROVED AS TO FORM: Sonia R.,Qprvall;lo, City Attorney Attorney AYES Councilmembers: Amezcua, Benavides, Martinez, Pulido, Revna, Tinaiero (6) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: Sarmiento (1) NOT PRESENT: Councilmembers: Resolution No. 2016 -075 Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council Resolution No 2016 -075 to be the original City of Santa Ana on September 20, 2016. Date Ir t/a"v, ROH - 09/20/2016 do hereby attest to and certify the attached resolution adopted by the City Council of the a a,n, �4 > /& 44' Clerk of the Council City of Santa Ana Resolution No. 2016 -075 Page 3 of 3