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HomeMy WebLinkAbout21450 - RESOLUTIONS - 11/16/2005 RESOLUTION NO. 21450 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY REGARDING THE APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH GEIGER, LLC. A0503C NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Springs, California that it concurs with the action of the Community Redevelopment Agency in the matter of approving a Disposition and Development Agreement with Geiger, LLC. ADOPTED this 16'h day of November 2005. David H. Ready, 0�6ger ATTEST: —f J mes Thompson, City Clerk /f CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21450 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on November 16, 2005, by the following vote: AYES: Councilmembers Foat, Mills, Pougnet, Mayor Pro Tern McCulloch and Mayor Oden NOES: None ABSENT: None ABSTAIN: None /James Thompson, City Clerk /� 'City of Palm Springs, California Resolution No. 21450 Page 2 SUMMARY REPORT: DISPOSITION AND DEVELOPMENT AGREEMENT by and between the Community Redevelopment Agency of the City of Palm Springs, California and Geiger, LLC of Beverly Hills, California FOR THE DISPOSITION OF APPROXIMATELY 14 ACRES OF LAND for the purpose of constructing an approximately 393,000 square foot retail shopping center in the City of Palm Springs, California MERGED REDEVELOPMENT PROJECT NO. 1 NOVEMBER 2005 INTRODUCTION Before real property acquired by a Community Redevelopment Agency with tax ' increment proceeds may be sold or leased, the transaction must be approved by the Agency Board in accordance with California Health and Safety Code Section 33433. This Section requires a "Summary Report", which describes and specifies certain information in regard to this proposed transaction, be available for public inspection. DESCRIPTION OF THE PROPOSED AGREEMENT Site and Interests to be Conveyed The Site consists of three land parcels of approximately 14 acres located adjacent to the Developer's existing property of approximately 24 acres at the northeast corner of Ramon Road and Gene Autry Trail (State Highway 111). The combined acreage is the location of the City's former dumpsite, which Developer has remediated per the provisions of a Removal Action Workplan ("RAW") approved by the CaIEPA Department of Toxic Substances Control ("DTSC") on March 4, 2004. The Developers of the Property, Geiger, LLC of Beverly Hills, California, are seeking to acquire the Agency-owned parcels at fair market value offset by the pro rata assigned remediation costs for Developer's prior remediation of the Site. Proposed Development The Developer/Purchaser is proposing to develop a 393,000 square foot retail , shopping center including a 117,000 square foot home improvement store and adjacent 35,000 square foot garden center, nine additional major tenant spaces Resolution No. 21450 Page 3 ranging in size from 10,000 to 36,000 square feet, four retail stores ranging from 6,000 square feet to 12,600 square feet, and four restaurants ranging from 3,200 to 9,500 square feet. The Final Environmental Impact Report (SCH#2003121001) for the project was certified by the Palm Springs City Council on October 19, 2005, per Resolution No. 21433. Financing The Developer will privately finance the construction of the retail shopping center and required public improvements. No public financing is required for the construction of the new facility. Agency Responsibilities The Agency agrees to transfer its approximately 14 acres of property to the Developer. The appraised fair market value of $4,480,000 is offset by the pro rata assigned remediation costs of $4,605,108 for the Developer's former remediation of the Site, for a final transfer value of zero, resulting in no financial assistance to the project by the Agency. Developer Responsibilities The DDA will commit the Developer to a Schedule of Performance. The Developer commits to developing the project as approved by the Palm Springs City Council on October 19, 2005 including the architectural upgrades, noise buffering, quality landscaping, public improvements, and other components. Agency's other standard terms and conditions, including non-discrimination and maintenance covenants, and other terms and conditions in remain in the Disposition and Development Agreement for Developer. COST OF AGREEMENT TO THE AGENCY In recognition of the offset of Developer-incurred remediation costs against the appraised fair market value of the property, the Agency shall receive no funds from Developer from the property transfer. Per the provisions of the DDA, the Agency shall pay the premium for a CLTA policy, all documentary transfer taxes, one-half (1/2) of all escrow fees and costs, and Agency's share of prorations, if any.