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HomeMy WebLinkAboutCC RES 06-013RESOLUTION NO. 06-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH COACHELLA VALLEY WATER DISTRICT THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. In order to effectuate the provisions of the Redevelopment Plan (the "Redevelopment Plan") for Project Area No. 3 (the "Project Area"), the Palm Desert Redevelopment Agency (the "Agency") proposes to enter into a Disposition and Development Agreement (the "Agreement") with Coachella Valley Water District (the "Purchaser"), pursuant to which Agreement the Agency will convey to the Purchaser title to that certain real property described in Exhibit C to the Agreement (the "Agency Property") and located in the City of Palm Desert, California (the "City"), in exchange for the conveyance by the Purchaser to the Agency of title to that certain real property described in Exhibit A to the Agreement (the "Purchaser Property"), the granting of an option to the Agency to acquire that certain real property described in Exhibit B to the Agreement (the "Option Parcel"), and other consideration, all on the terms and conditions set forth in the Agreement. Section 2. On February 9, 2006, the City Council and the Agency Board held a duly noticed public hearing on the approval of the Agency's proposed conveyance of the Agency Property to the Purchaser pursuant to the Agreement, at which time all persons desiring to comment on, or ask questions concerning, the Agreement were given the opportunity to do so. Prior to the public hearing, information concerning the Agency's proposed conveyance of the Agency Property to the Purchaser was available for public inspection in office of the City Cleric in accordance with Health and Safety Code Section 33433. Section 3. The Agency has obtained an evaluation of the value of the Agency Property from R.F. Sweet & Associates (Palm Desert, CA), which has determined that the fair market value of the Agency Property, at the highest and best use in accordance with the Redevelopment Plan for the Project Area, is equal to the fair market value of the Purchaser Property and the other consideration for which the Agency Property will be exchanged. Section 4. Based upon the foregoing and other information presented to the City Council, the City Council hereby finds and determines that (i) the conveyance of the Agency Property to the Purchaser is consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490; (ii) the conveyance of the Agency Property to the Purchaser pursuant to the Agreement will assist in the elimination of one or more blighting conditions inside the Project Area, and (iii) the consideration for the Agency Property is not less than the fair market value of the Agency Property at its highest and best use in accordance with the Redevelopment Plan for the Project Area. P6402\0001\866031.1 RESOLUTION NO. 06-13 the Purchaser. Section 5. The City Council hereby approves the conveyance of the Property to PASSED, APPROVED and ADOPTED this 9th day of February, 2006. AYES: BENSON, KELLY, SPIEGEL, and FERGUSON NOES: NONE ABSENT: CRITES ABSTAIN: NONE ATTEST: P6402\0001\866031.1 2