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R-10378ATTACHMENT A RESOLUTION NUMBER 1os~s (CCS) (City Council Series) RESOLUTION OF THE CITY OF SANTA MONICA CONSENTING TO THE USE OF AGENCY FUNDS FOR THE ACQUISITION OF PROPERTY LOCATED AT 1334. 5TH STREET AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 WHEREAS, the Redevelopment Agency (the "Agency") of the City of Santa Monica (the "City") has prepared a Redevelopment. Plan (the "Redevelopment Plan") for the Santa Monica Earthquake- .Recovery Redevelopment Project ("Project Area") which results in the allocation of taxes from the Project Area to the Agency for the purposes of redevelopment; and WHEREAS., pursuant to Section 33445(a) of the California Community Redevelopment Law (Health & Safety Code Section 33000 et seq.) ("CRL"), the Agency may, with the consent of the City Council ("City Council") of the City, pay all or part of the value -of the land for and the cost of the installation and construction of any building; facility, structure, or other improvements which is publicly owned either within or outside a project area, if the City Council makes certain determinations; and WHEREAS, concurrently with adoption of this Resolution, the City Council has authorized the City Manager to execute a Letter of Intent to .acquire property owned by the Sunnyside Group, located at 1334 5th Street, Santa Monica, California (the "Property") and to negotiate and execute a Purchase and Sale Agreement and other related documents with the Sunnyside Group pertaining to the Property; and WHEREAS, the Property is located within an area bounded by Wilshire Boulevard on the north, Colorado Avenue on the south, 4`h Court on the west and 6~h Court oh the east, identified in the Downtown Parking Environmental Impact Report as appropriate for the development of new parking structures; and WHEREAS, since there are no other reasonable means available to the City to finance the acquisition of the Property, the Agency and City propose to enter into a Cooperation Agreement ("Agreement") -which will authorize the Agency to grant funds to the City to acquire the Property; and WHEREAS, the acquisition of the Property will assist in elimination of one or more blighting conditions inside the Project Area by assisting in the elimination of one or more of the conditions identified in the aftermath of the 1994 Northridge Earthquake disaster; and WHEREAS, the acquisition of the Property is consistent with the Redevelopment Agency's Five-Year Implementation Plan in that it helps achieve the Disaster Prevention and Mitigation., Commercial Revitalization and Community Revitalization goals as set forth in the Implementation Plan; and WHEREAS, it is in the best interests of the City and for the common benefit of employees, business tehants and property owners within the Project Area and residents, employees, business tenants and property owners within the City as a whole for the Agency to pay for the acquisitioh of the Property as set forth in the Agreement; and WHEREAS, the acquisition of the Property is of benefit to the Project Area and the immediate neighborhood in which the Property is located; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. 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; (2) that the acquisition of the Property is of benefit to the Project Area;. (3) that there are no other reasonable means available to the City to finance the acquisition of the Property; (4) that the acquisition of the Property will assist in elimination of one or more blighting conditions inside the Project Area by assisting in the elimination of one or more of the conditions identified in the aftermath of the 1994 Northridge Earthquake disaster; and (5) that the acquisition of the Property is consistent with the Redevelopment Agency's Five-Year Implementation Plan adopted pursuant to Section 33490 of the CRL. SECTION 2. The City Council hereby consents to the use of Agency funds from the Project Area for the acquisition of the Property. SECTION 3. The City Manager is hereby authorized to execute the Agreement on behalf of the City, The City Manager is authorized to take any action and execute any and all documents and agreements necessary to implement the Agreement. SECTION 4. The obligations of the Agency under the Agreement shall constitute an indebtedness of the Agency for the purpose of carrying out the Redevelopment Plan for the Project Area. 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 Adopted and approved this 27th day of January, Ken Genser, M I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10378 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 27th day of January, 2009, by the following vote: Ayes: Council members: Bloom, Holbrook, McKeown, Shriver Mayor Genser, Mayor Pro Tem O'Connor Noes: Council members: None Abstain: Council members: None Absent: Council members: None ATTEST: ~~ Maria Stewart, Ci y Clerk