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HomeMy WebLinkAbout1989-229 ... It 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 89-229 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE CONVEYANCE BY MEANS OF SALE OF CERTAIN REAL PROPERTY PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ROCK ENTERPRISES. WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is authorized to conduct redevelopment activities within the Central City North Redevelopment Project Survey Area ( the "Survey Area"), whi ch act i v i tie s inc I ude the acquisition and conveyance of real property for private development; and WHEREAS, the Agency desires to enter into a Disposition and Development Agreement (the "Agreement") with Rock Enterprises, a sole proprietorship, (the "Participant"), which Agreement provides for the acquisition and sale of the "s i te, " which is that certain portion of the Survey Area as set forth in the Agreement; and WHEREAS, the Agreement provides for the acquisition, upon satisfaction of applicable conditions, by Participant of certain real property as identified in the Agreement pursuant to the terms and conditions more particularly set forth in the Agreement; and WHEREAS, the Common Council of the City of San Bernardino and the Agency have conducted a duly noticed joint public hearing regarding the proposed acquisition and disposition of real property in accordance with California Health and Safety Code Sections 33431 and 33433; and DAB:br June 27, 1989 1 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the staff report pertaining to the Agreement, which has been on display prior to the joint public hearing in accordance with SEction 33433 of the California Health and Safety Code, contains a detailed description of the provisions of the Agreement; NOW THEREFORE, the Mayor and Common Council do hereby resolve as follows: SECTION 1. Pursuant to the California Environmental Quality Act (CEQA), Public Resources Code Section 21090 and Section 151080 of Guidelines adopted pursuant thereto the Agreement is an activity pursuant to and in furtherance of the Central City North Redevelopment Plan. SECTION 2. The Mayor and Common Council find and determine, based upon the testimony and information presented during the public hearing with respect to the Agreement that the consideration for the real property to be transferred to the Participant by deed is in compliance with and evaluated pursuant to Health and Safety Code Section 33433, and the value thereof is determined at the highest use permitted under the Central City North Redevelopment Plan, but that such consideration is necessary to secure the commitment of Participant to execute the Agreement, which Agreement will significantly benefit the Common Council and the community by alleviating blighting conditions, generating revenues, and providing for high-quality development activities to stimulate the economic enhancement of the Survey Area. DAB:br June 27, 1989 2 t' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3. The Mayor and Common Council hereby approve the Agreement and all of its provisions, including without limitation, the attachments therein, and authorize the Mayor and the City Clerk to execute all documents referenced in the Agreement and necessary to effectuate the provisions of the Agreement. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at an adjourned regularmeeting thereof, held on the 5th day of , 1989, by the following vote, to wit: July AYES: Council Members Estrada. Reillv. Maudslev. Pope-Ludlam. Miller NAYS: Council Member Flores ABSENT DB /AB13!JJlflNt./ Council Member Minor ?~7~/~/// city Cle;rk The foregoing resolution is hereby approved this 7/t day I of July , 1989. ~~~ C ty 0 Approved as to form and legal content: JAMES F. PENMAN, City Attorney B~ DAB:br 3 June 27, 1989