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HomeMy WebLinkAbout89-146 - Sale of Property to Triangle Square & Owner Participation Agreement (See Res. 89-169)RESOLUTION NO. 89-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA APPROVING THE SALE OF CERTAIN PROPERTIES WITHIN THE COSTA MESA DOWN- TOWN REDEVELOPMENT PROJECT AREA TO TRIANGLE SQUARE ASSOCIATES, AND APPROVING THE DISPOSITION AND DEVELOPMENT AND OWNER PARTICIPATION AGREEMENT PERTAINING THERETO. MiEREAS, the Costa Mesa Redevelopment Agency, City of Costa Mesa, California (the "Agency") is engaged in activities necessary to carry out and implement the Redevelopment Plan for the Costa Mesa Downtown Redevelop- ment Project Area; and WHEREAS, in order to carry out and implement such Redevelopment Plan the Agency proposed to enter into a Disposition and Development and Owner Participation Agreement (the "Agreement") with Triangle Square Associates, a California general partnership (the "Developer") for the sale of the development site (the "Site") for the development and operation of commer- cial and retail space, including restaurant and theatre space with a public open space area, and the necessary parking and landscaping by the Developer (all as described in the Agreement) in the Costa Mesa Downtown Redevelop- ment Project Area; and WHEREAS, the Developer has submitted to the City Council and the Agency copies of said proposed Agreement in a form executed by the Developer; and WHEREAS, pursuant to the California Canmunity Redevelopment Law (Cali- fornia Health and Safety Code, Section 33000 et seq. ("the Act") the Agency and the City Council held a joint public hearing on the Agreement and the proposed assembly of the Site and the sale of the portions of the Site designated in the Agreement as the Conveyance Parcels after having duly published notice of such public hearing and made copies of the proposed Agreement available for public inspection and continent; and WHEREAS, the City Council has duly considered all terms and conditions of the proposed Agreement and believes that the redevelopment of the real property pursuant thereto is in the best interests of the City of Costa Mesa and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local law and requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa, California, as follows: 1. The City Council recognizes that it has received and heard all oral and written objections to the proposed Agreement and to the proposed assembly of the Site and the sale of the Conveyance Parcels and to other matters pertaining to this transaction, and that all such oral and written objections are hereby overruled. 2. The City Council hereby finds and determines that the considera- tion to be paid by the Developer for the purchase of the Conveyance Parcels is not less than fair market value in accordance with the covenants and conditions governing such sale pursuant to Section 33433 of the Act and the reuse analysis prepared concerning the Agreement and the Site. The City Council hereby further finds and determines that all consideration to be paid under the Agreement is an amount necessary to effectuate the purposes of the Redevelopment Plan for the Costa Mesa Downtown Redevelopment Project. 3. The assembly of the Site and sale of the Conveyance Parcels and the proposed Agreement which establish the terms and conditions therefore, are hereby approved. 4. The City Council hereby authorizes the City Clerk to deliver a copy of this resolution to the Executive Director and members of the Agency. A copy of the Agreement when executed by the Agency shall be placed on file in the Office of the City Clerk. PASSED AND ADOPTED this 25th day of May, ' 1 � Mayor of 6 -City Af Costa Mesa ATTEST: C ty Clerk of the City of Cost V Mesa STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and fore- going Resolution No. 89-146 was duly and regularly passed and adopted by the said City Council at a special meeting thereof, held on the 25th day of May, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 26th day of May, 1989. C y Clerk and ex -officio Clerkthe City Council of the City of Cos Mesa 17 L__ �