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R-9895 RESOLUTION NUMBER 9895 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING A PROPOSED GROUND LEASE AGREEMENT BETWEEN THE AGENCY AND OCEAN PARK COMMUNITY CENTER, PROVIDING FOR THE LEASE OF THE REAL PROPERTY AT 1751 CLOVERFIELD BOULEVARD TO OCEAN PARK COMMUNITY CENTER AND THE REDEVELOPMENT AND USE THEREOF, AND MAKING CERTAIN FINDINGS WITH RESPECT TO SUCH GROUND LEASE AGREEMENT WHEREAS, the Redevelopment Agency of the City of Santa Monica ("Agency") is engaged in activities necessary to implement the redevelopment plans (collectively, the "Redevelopment Plans") for the Ocean Park Redevelopment Project 1 (a) area and the Ocean Park Redevelopment Project 1 (b) area (collectively, the "Project Areas"). In furtherance of the Redevelopment Plans, the Agency is considering the lease of the real property at 1751 Cloverfield Boulevard in the City of Santa Monica ("Property") to Ocean Park Community Center ("OPCC") pursuant to a proposed Ground Lease Agreement ("Lease") between the Agency and OPCC, The Property is outside of the Project Areas; WHEREAS, the Agency has adopted a Five Year Implementation Plan for the Project Areas, in accordance with Section 33490 of the California Community Redevelopment Law (Health & Safety Code 33000 et seq.) ("CRL") ("Implementation Plan"); WHEREAS, the Agency has negotiated the terms of the Lease with OPCC; WHEREAS, a joint public hearing has been duly noticed and held as required by the CRL; WHEREAS, pursuant to Section 33433 of the CRL, the Agency has prepared a summary ("33433 Report") and has made the 33433 Report available for public inspection in accordance with the CRL; WHEREAS, the Lease contains all the provISions, terms, conditions and obligations required by state and local law and a copy of the Lease and the 33433 Report have been available for public review and copying at the City Clerk's and at the Agency's offices; WHEREAS, the lease of the Property is consistent with the Implementation Plan; and WHEREAS, the City Council of the City of Santa Monica ("City Council") has duly considered all terms and conditions of the proposed Lease, and believes that it is in the best interests of the City of Santa Monica 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, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1, Based on substantial evidence in the record, the City Council hereby finds and determines: (1) that the foregoing recitals are true and correct and incorporated herein in full by this reference; (2) the City Council has reviewed and approves the 33433 Report; (3) the consideration to be received by the Agency for the lease of the Property is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the Lease for, among other reasons, the reasons set forth in the 33433 Report; (4) the lease of the Property will provide housing for very low-, low- or moderate-income persons as set forth in the 33433 Report; and (5) the lease of the Property is consistent with the Implementation Plan for, among other reasons, the reasons set forth in the 33433 Report, SECTION 2, The City Council has reviewed and hereby approves the lease of the Property to OPCC as set forth in the Lease, SECTION 3, The City Council hereby approves the Lease in substantially the form presented at this meeting or with such non-substantive changes and amendments, as may be approved by the City Manager and the City Attorney, SECTION 4, In making the findings and determinations herein, the City Council has considered all testimony presented at the noticed public hearing, all written evidence presented, and the entire record prepared by Agency and City staff, 2 SECTION 5, The City Clerk shall certify the adoption of this Resolution and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM 3 Adopted and approved this 23rd day of September, 2003, ~(1.~ Richard Bloom, Mayor I, Maria Stewart, City Clerk of the City of Santa Monica, do herel:>y certify that the foregoing Resolution No. 9895 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 23rd day of September, 2003, by the following vote: Ayes: Council members: Feinstein, Genser, Mayor Pro Tem McKeown, Mayor Bloom Noes: Council members: Holbrook, Katz Abstain: Coundlmembe~: None Absent: Council members: O'Connor ATTEST: ~~. ~u'nAJ Maria M. Stewart, City Clerk 4