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Resolution - 2004-76RESOLUTION NO. 2004-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING AND AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE • COMMUNITY DEVELOPMENT COMMISSION AND THE WEST COVINA MEDICAL BUILDING GROUP AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the Community Development Commission of the City of West Covina (the "CDC") is engaged in activities necessary to carry out and implement the Redevelopment Plan as amended (the "Redevelopment Plan") for the West Covina Redevelopment Project (the "Project"); and WHEREAS, the CDC has recently organized and has assumed all duties, obligations and responsibilities of the Redevelopment Agency of the City of West Covina (the "Agency"), the predecessor entity of the CDC. When referenced herein or in the Agreement approved by this resolution, the CDC shall mean and be synonymous with the Agency; and WHEREAS, in order to carry out and implement such Redevelopment Plan, the CDC proposes to enter into that certain Purchase and Sale Agreement (the "Agreement") with The West Covina Medical Building Group (the "Developer") for the purpose of providing parking at that certain property located at 1440 West Covina Parkway at the Wescove Theater site within the Project Area (the "Site"), as described in the Agreement for use by the medical office to be constructed in the adjacent building located at 1500 West Covina Parkway; and WHEREAS, the Site is approximately .82 acres in size and is composed of real property, owned by the CDC (collectively referred to as the "CDC's Parcel"), which has been acquired by the CDC, and real property, under contract with the Developer (the "Developer Parcel"), which will be acquired by the Developer; and WHEREAS, the Developer has submitted to the City Council of the City of West Covina (the "City Council") and the CDC copies of the Agreement in a form executed by the Developer; and WHEREAS, pursuant to the Agreement, the CDC desires to convey fee title to the CDC Parcel to the Developer in consideration for the Developer's construction and operation of the Development on the Site; and WHEREAS, the parties intend that the Agreement will satisfy the CDC's Redevelopment Implementation Plan ("Implementation Plan") approved December 7, 1999, and its obligation to promote economic development by enhancing the commercial viability of the northern portion of the City and the overall economic, tax and employment base for the City as well as eliminating a vacant, underutilized and blighted property at the Wescove Theater site; and WHEREAS, pursuant to Sections 33430 and 33431 of the Community Redevelopment Law (California Health and Safety Code Section 33000, et seq.), the CDC is authorized, with the approval of the City Council after a duly noticed public hearing, to transfer by sale the CDC's Parcel for redevelopment purposes, and that the transfer is consistent with the Implementation Plan which has been adopted by the CDC for the Project; and • WHEREAS, a joint public hearing of the City Council and CDC on the proposed Agreement was duly noticed in accordance with the requirements of Health and Safety Code Sections 33431; and WHEREAS, on September 7, 2004, the City Council and CDC held ajoint public hearing on the proposed Agreement, at which time the City reviewed and evaluated all of the information, testimony, and evidence presented during the joint public hearing; and Resolution No. 2004-76 Page 2 WHEREAS, all actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner; and WHEREAS, the City Council has previously determined, in its adoption of the resolution adding the CDC's Parcel to the West Covina Redevelopment Project, that the CDC's Parcel was • blighted; and WHEREAS, the CDC has adopted an Implementation Plan pursuant to CRL Section 33490, which sets forth the objective of eliminating blight; and WHEREAS, the City has duly considered all terms and conditions of the proposed Agreement and believes that the redevelopment of the CDC's Parcel pursuant thereto is in the best interests of the City of West Covina 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; and WHEREAS, the City Council has reviewed and considered a Notice of Exemption dated August 25, 2004, pursuant to the California Environmental Quality Act ("CEQA"), which evaluated all potential environmental consequences of this project and is deemed to be Categorically Exempt. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Covina as follows: SECTION-1. The City Council finds and determines that, based upon substantial evidence provided in the record before it, the consideration for the CDC's disposition of the CDC's Parcel pursuant to the terms and conditions of the Agreement is more than the fair market value of the CDC's Parcel, in accordance with covenants and conditions governing the sale. SECTION 2. The City Council hereby finds and determines that the disposition of the CDC's Parcel pursuant to the Agreement will eliminate blight within the Project Area by providing for the proper reuse and redevelopment of a portion of the Project Area, which was declared blighted for the reasons described above. SECTION 3. The City Council hereby finds and determines that the Agreement is consistent with the provisions and goals of the Implementation Plan and the Redevelopment Plan as approved and amended. SECTION 4. The City Council hereby approves the Agreement and authorizes and directs the Executive Director of the CDC to execute the Agreement on behalf of the CDC in substantially the form as presented in Exhibit A. A copy of the Agreement when executed shall be placed on file in the office of the CDC Secretary/City Clerk. The Executive Director of the CDC, or his designee, is authorized to implement the Agreement and take all further actions and execute all escrow documents and other documents, including amendments to the Agreement, which are necessary or appropriate to carry out the terms or intent of the Agreement. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED on this 2151 day of September 2004. Mayor Michael L. Miller ATTEST: ,J � g,� , '4� dy Clerk Janet Berry xas3339 Resolution No. 2004-76 Page 3 • • 1, JANET BERRY, CITY CLERK of the City of West Covina do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting held on the 21" day of September 2004 by the following vote: AYES: Herfert, Hernandez, Sanderson, Wong, Miller NOES: None ABSENT: None ABSTAIN: None APPROVED AS TO FORM: C!4y Attor ey krrXId Alvarez-Glasman City Clerk J net Berry l xas3339