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R-10297Attachment B RESOLUTION NUMBER 10297 (GCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTR MONICA, CALIFORNIA, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND 6ETWEEN THE SANTA MONICA REDEVELOPMENT AGENCY AND RELATED/SANTA MONICA VILLAGE, LLC, AND MAKING CERTAIN FINDINGS WITH RESPECT TO SUCH DISPOSITION AND DEVELOPMENT AGREEMENT WHEREAS, the Redevelopment Agency of the City of Santa Monica ("Agency"} isengaged in activities necessaryto implement the Redevelopment Plan ("the Plan°) for the Earthquake Recovery Redevelopment. Project (the "Redevelopment Project"), and has acquired certain property to effectuate the Plan; WHEREAS, the Agency has adopted a Five Year Implementation Plan for the Redevelopment Project, in accordance with Section 33490 of the California Community Redevelopment Law (Health & Safety Code 33000 et seq) ("CRL") (the "Implementation Plan"); WHEREAS, the- Agency has negotiated a Disposition and Development Agreement.("Agreement") with Related/Santa Monica Village, LLC ("Developer") relative to the ground leasing for 99 years and development of approximately 3.7 acres of property generally located within the Village Special Use District of the Civic Center Specific. Plan Area, -in the City of Santa Monica, California, which is located within the Redevelopment Project Area ("Property") WHEREAS;, a joint public hearing has been duly called, noticed and advertised as required by law for June 10, 2008, at 5:45 p:m. in the City Council Chambers of the City of Santa Monica, 1685 Main Street, Santa Monica, CA 90401, as contemplated by the CRL, and such requirements have been complied vuith; WHEREAS; pursuant to Section 33433 of the CRL,.-the Agency has prepared. a summary ("Summary Report") and has made the Summary Report available for public inspection in accordance with the CRL; WHEREAS, the. Agreement. contains all the provisions; terms, conditions and obligations required by state and local law and a copy of the Agreement and the Summary Report have been available for public review and copying at the City Clerk's office as required by the CRL; WHEREAS; the ground leasing of:the Property for 99 years and the development of the Property in accordance with the Agreement is consistent with the Implementation Plan; Relatetl DOA 1 WHEREAS, the Gity Council of the City of Santa Monica ("city Council"} has duly considered all terms and conditions of the proposed Agreement, and believes that it is in the best interests of the Redevelopment Project and the City of Santa Monica and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisrans of applicable State and local law and requirements NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONIGA, CALIFORNIA; HEREBY RESOLVES AS FOLLOWS: SECTION 7. The Gity Gouncil hereby finds and determines that all recitals set forth in this resolution are true and correct and incorporated herein in full by this reference. SECTION 2. The Gity Council has reviewed and approves the Summary Report. SECTION 3. The City Gouncil finds and determines that the consideration to be received by the Agency for the ground leasing of the Property for 99 years is nat less than fair reuse value at the use and with covenants and conditions and development costs authorized 6y the Agreement far, among other reasons, the reasons set forkh.in the Summary Report. SECTION 4. The City Gouncil finds. and determines that the ground leasing of the Property for 99 years and the development of the Property in accordance with the Agreement will result in the provision of housing for low- or moderate-income persons, for, among other reasons, the reasons set forth in the Summary Report. SECTION 5. The City Gouncil finds and determines that the ground leasing of the Property for 99 years and the development. of the Property in accordance with the Agreement rs consistent with the Implementation Plan adopted pursuant to CRL Section 33490. SECTION 6: The City Council has reviewed and hereby approves the ground leasing of the Property to Developer for 9g years and the development of the Property in accordance with the Agreement. SECTION 7. The City Council hereby approves fhe Agreement in substantially the form presented at this meeting or with such non-substantive changes and amendment as may be approved by fhe City Manager and the Gity Aftorney. SECTION 8. In making the findings and determinations herein, the Gity 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. Related DDA 2 SECTION 9. The Gity Clerk shall certify the adoption of this Resolution and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TG FORM Marsha ~ ones,fNo trie 1 City A rney Related bDA Adopted and approved this 10th day of June, 2008. Herb Katz, I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10297 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 10th day of June, 2008, by the following vote: Ayes: Council members: Genser, McKeown, O'Connor Mayor Katz Noes: Council members: Holbrook,Shriver Abstain: Council members: None Absent: Council members: Mayor Pro Tem Bloom ATTEST: ~ ~ ~~ Maria Stewart, City Jerk