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HomeMy WebLinkAboutRES 99-14RESOLUTION NO. 99-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE DIAMOND BAR REDEVELOPMENT AGENCY AND DIAMOND BAR PARTNERS, L.L.C. WHEREAS, the City Council of the City of Diamond Bar (the "City Council") adopted a Redevelopment Plan (the "Redevelopment Plan") for the Diamond Bar Redevelopment Economic Revitalization Area (the "Redevelopment Project"), by Ordinance No. 03(1997) of the City Council on July 15, 1997; and WHEREAS, the Diamond Bar Redevelopment Agency (the "Agency") is authorized and empowered under the Community Redevelopment Law, Health and Safety Code section 33000 et seq., to enter into agreements for the acquisition, disposition and development of real property and otherwise to assist in the redevelopment of real property within a redevelopment project area in conformity with a redevelopment plan adopted for such area, to acquire real and personal property in redevelopment project areas, to receive consideration for the provision by the Agency of redevelopment assistance, to make and execute contracts and other instruments necessary or convenient to the exercise of its powers, and to incur indebtedness to finance or refinance redevelopment projects; and WHEREAS, pursuant to Section 33433 of the California Health and Safety Code, the Agency is authorized, with the approval of the City Council after a duly noticed public hearing, to sell or lease property for development upon a determination by the City Council that the sale or lease of the property will assist in the elimination of blight and that the consideration for such sale or lease is not less than either the fair market value or fair reuse value of the property in accordance with the covenants and conditions governing the execution of the contract for sale or lease and the development costs required thereof; and WHEREAS, Diamond Bar Partners, L.L.C., a Delaware Limited Liability Company (the 'Developer") has entered into an agreement for the purchase of that certain real property which is approximately 15.54 gross acres in size with approximately 6.91 net developable acres and which is commonly referred to as Lots 22 and 23 of the Gateway Corporate Centers in the Redevelopment Project (the "Site"); and WHEREAS, the Developer intends to construct two office buildings, one with three stories and approximately 70,000 net rentable square feet and one with two stores and approximately 54,230 net rental square feet, and a four-story parking structure (the "Project"); and WHEREAS, Developer intends to a lease majority of the Project to Allstate Insurance Company or an Affiliate which will employ approximately 800 to 1,000 employees. 643772.1124168.0001 99-14 WHEREAS, Agency and Developer propose to enter into a Disposition and Development Agreement (the "DDA") in order to provide for Agency's acquisition of the Site and the subsequent sale of the Site to the Developer for the construction and operation of the Developer Improvements thereon; and WHEREAS, the proposed DDA and a summary report meeting the requirements of Health and Safety Code Section 33433, were available for public inspection consistent with the requirements of Health and Safety Code Section 33433; and WHEREAS, on March 16, 1999, the Agency and City Council held a duly noticed joint public hearing on the proposed DDA in accordance with the requirements of Health and Safety Code Section 33433, at which time the Agency reviewed and evaluated all of the information, testimony, and evidence presented during the joint public hearing; and WHEREAS, the City Council has reviewed the summary report required pursuant to Health and Safety Code Section 33433 and evaluated other information pertaining to the findings required pursuant to Health and Safety Code Section 33433; and WHEREAS, the City Council has duly considered all terms and conditions of the proposed DDA and the City Council believes that the execution of the DDA is in the best interests of the City of Diamond Bar and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, AS FOLLOWS: 1. The City Council finds and determines that, based upon substantial evidence provided in the record before it, the consideration for the Agency's execution of the DDA and potential sale of the Property is not less than either the fair market value or the fair reuse value in accordance with the covenants, conditions and restrictions imposed under the DDA and the costs required under the DDA. 2. The City Council hereby finds and determines that the execution of the DDA (i) will assist in the elimination of blight by requiring the development of the Property in accordance with the DDA as a commercial office center and related improvements, and (ii) is consistent with the Redevelopment Plan adopted by the Agency pursuant to California Health and Safety Code Section 33490. 3. The DDA, a copy of which is on file with the Secretary of the Agency, is hereby approved, with any changes mutually agreed upon by Developer and the Agency Executive Director as are minor and in substantial conformance with the form of the DDA which has been submitted herewith. The Agency Executive Director is hereby authorized to execute the DDA on behalf of the Agency and the Agency's Executive Director is authorized to take such actions and execute such other documents on behalf of the Agency as are necessary in implementation or furtherance of the DDA. 643772.1124168.0001 2 99-14 PASSED, APPROVED AND ADOPTED THIS 16th day of March, 1999 by the following vote: AYES: COUNCILMEMBERS: Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL, MEMBERS: None ABSTAIN: COUNCIL, MEMBERS: None Mayor of the City of-IYia Bar ATTEST: City erk