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HomeMy WebLinkAbout18070 - RESOLUTIONS - 4/7/1993 RESOLUTION NO. 18070 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH GERALD WAYNE WANTLAND AND HERBERT JAMES LANE WHEREAS, the Redevelopment Agency of the City of Palm Springs ( "Agency" ) is constituted under the Community Redevelopment Law (California Health and Safety Code Section 33000 et seq. ) to carry out the purposes of redevelopment in the City of Palm Springs (the "City" ) ; and WHEREAS, on May 23 , 1973 by Ordinance No. 952, the City Council of the City of Palm Springs approved and adopted a Redevelopment Plan for the Central Business District Project Area (the "Plan" ) ; and WHEREAS, Agency staff has negotiated an Owner Participation Agreement (the "Agreement" ) with Gerald Wayne Wantland as Trustee of the Gerald Wayne Wantland Revocable Trust and Herbert James Lane as Trustee of the Herbert James Lane Revocable Trust (collectively "Developer" ) pursuant to which Agency is to sell Developer certain real property within the Project Area consisting of approximately 6, 508 . 50 square feet and Developer is to redevelop the property and operate the Village Florist Gift Shoppe thereon for a minimum of five years, which project is consistent with the Plan, the General Plan of the City, and City' s zoning, and which Project will help expand and diversify the City' s economic base; and ' WHEREAS, notice of a public hearing concerning the Agreement was published in accordance with applicable law; and WHEREAS, on April 7, , 7-993 , the Agency and City Council held a joint public hearing concerning the .Agreement; and WHEREAS, the City Council has considered the Agency Summary Report prepared pursuant to Health & Safety Code Section 33433 , the Staff Report, and all the information, testimony and evidence provided during the joint public hearing on April 7, , 1993 ; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1 . That the above recitals are true and correct and incorporated herein. Section 2 . That the City Council does hereby find and determine as follows : A. The Agreement effectuates the purposes of the Plan and is in the highest and best interests of the City of Palm Springs and that the Agreement is intended to result in the development and revitalization of a portion of the City which will help expand and diversify the: City' s economic base. B. The Agreement effectuates the purposes of the Community Redevelopment Law by FSIIM014084-0006\39232.1 03/29/93 4"` Resolution No. 18070 Page 2 reversing or alleviating any serious physical, social and economic burden on the Community which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone, in that ' the purpose of the existing Agreement is to facilitate the redevelopment and operation of a commercial/retail building in order to maintain existing sales tax revenue and attract additional commercial development within the City and increase the City' s tax base. C. The Agreement effectuates the purposes of the Community Redevelopment Law as it is intended to eliminate blight and promote the health, safety, and general welfare of the people of Palm Springs. D. The Agreement effectuates the purposes of the Community Redevelopment Law as the existing agreement is intended to remedy inadequate improvements and facilities which cannot be remedied by private or governmental action without redevelopment . E. It has been determined that the property is being sold for fair market value for the reasons set forth in the Agency Summary Report incorporated herein by this reference. However, to the extent it is determined that the property conveyance described in the Agreement is conveyed at less than estimated value, determined at the highest use permitted under the Plan, such conveyance at lesser consideration is necessary to effectuate the purposes of the Plan for the reasons set forth in A-D above. Section 3 . The Agreement is hereby approved and incorporated herein by this reference. Section 4 . City staff is hereby authorized and directed to take any appropriate action consistent with the purposes of this Resolution. Section 5 . The City Manager is hereby authorized to execute on behalf of the City all documents necessary to implement the Agreement in a form approved by the City Attorney. The City Council further hereby authorizes the Agency to authorize the Executive Director to execute on behalf of the Agency the Agreement and all other documents necessary to effectuate the Agreement in a form approved by the City Attorney. P51\178\014084-0006\39232.1 03/29/93 Resolution No. 18070 Page 3 ADOPTED this 7th day of April 1993 . AYES : Members Hodges, Lyons, Reller-Spurgin, Schilendorf, bnd Mayor Maryanov NOES: None ABSENT: None ATTEST: CITY OAF .PAZ1�SPRINGb� FORNIA C ' y Clerk n f City Mana r 14 REVIEWED & APPROVED (( be initialed by Dept Heads & City Atty) FSI\178\014084-0006\39232.1 03/29/93