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HomeMy WebLinkAboutRDA RES 551RESOLUTION NO. 551 A RESOLUTION OF THE PALM DESERT REDEVELOPMENT — AGENCY AUTHORIZING THE SALE OF CERTAIN PROPERTY TO THE COUNTY OF RIVERSIDE FOR THE CONSTRUCTION OF A SHERIFF STATION THEREON BY THE COUNTY, MAKING CERTAIN FINDINGS, AND APPROVING A COOPERATIVE AGREEMENT IN CONNECTION THEREWITH RECITALS: A. In order to effectuate the provisions of the Redevelopment Plan (the "Redevelopment Plan") for Project Area No. 2(the "Project Area"), the Palm Desert Redevelopment Agency (the "Agency") proposes to enter into that certain Cooperative Agreement Between the Palm Desert Redevelopment Agency and County of Riverside Concerning the Construction Financing and Acquisition of Sheriff Station (the "Cooperative Agreement") with the County of Riverside (the "County") pursuant to which the Agency will sell to the County that certain real property in the Project Area consisting of approximately 10.87 acres located on the south side of Gerald Ford Drive between Monterey and Portola Avenues in the City of Palm Desert (the "City"), together with all easements, rights and privileges appurtenant thereto (the "Property") and the County will construct on the Property a sheriff station and related regional offices and administrative facilities consisting of at least 80,000 square feet of building area, voice and data communication facilities, a vehicle storage yard and a helipad and other amenities such as landscaping, parking areas and related public improvements (collectively, the "Sheriff Station"). In consideration for the sale of the Property by the Agency to the County, the County will execute and deliver that certain Lease Termination Agreement, which provides for the termination of the lease dated as of February 2, 1989, by and between the Agency, as lessor, and the County, as lessee, pursuant to which the Agency leases to the County the real property and sheriff station improvements thereon located at the Civic Center in the City. B. Pursuant to California Health and Safety Code Sections 33445 and 33679, on July 10, 2008, the City Council (the "City Council") of the City and the Agency held a duly noticed joint public hearing on the approval of the Agency's proposed sale of the Property to the County pursuant to the Cooperative Agreement, at which time all persons desiring to comment on, or ask questions concerning, the sale and the Cooperative Agreement were given the opportunity to do so. Prior to the public hearing, information concerning the proposed sale and the Cooperative Agreement were available for public inspection in the office of the City Clerk in accordance with Health and Safety Code Section 33679. C. The proposed Sheriff Station is located in and will benefit the Project Area. The City Council has previously determined that the Project Area is an area in which the combination of conditions of blight are so prevalent and so substantial that there is a reduction of, or lack of, proper utilization of the area to such an extent that P6402-OOOI\1058887v4.doc RESOLUTION NO. 551 it constitutes a serious physical, social and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. Among other things, the Project Area contains vacant and underutilized properties, properties that suffer from _. depreciated or stagnant property values and impaired investments, and deteriorated, aged and obsolete buildings. Such conditions tend to further deterioration and disuse because of the lack of incentive to landowners and their inability to improve, modernize or rehabilitate their property while the condition of the neighboring property remains unchanged. In addition, the Project Area is characterized by the existence of inadequate public improvements and utilities, which cannot be remedied by private or governmental action without redevelopment. The development of the Sheriff Station will result in the development of a previously undeveloped property, correct deficient street improvements serving the Property, provide expanded public safety facilities needed to provide adequate police services to the Project Area, assist in the revitalization of the Project Area, create additional jobs, and help remedy the lack of adequate public improvements serving the Project Area, thereby eliminating a factor which substantially hinders the economically viable use of property and buildings within the Project Area. All of the foregoing will assist in encouraging private sector investment in the Project Area and will assist in eliminating blighting conditions in the Project Area. NOW, THEREFORE, THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The foregoing recitals are true and correct and a substantive part of this Resolution. Section 2. Based upon the foregoing and other information presented to the Agency, the Agency hereby finds and determines that: (i) the payment of certain fees by the Agency in connection with the construction of the Sheriff Station and the sale of the Property by the Agency to the County pursuant to the Cooperative Agreement is consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490; (ii) the Sheriff Station will be of benefit to the Project Area and the immediate neighborhood in which the Sheriff Station will be located; and (iii) the payment of certain fees by the Agency in connection with the construction of the Sheriff Station and the sale of the Property to the County by the Agency pursuant to the Cooperative Agreement will assist in the elimination of one or more blighting conditions inside the Project Area. Section 3. Subject to the Board of Supervisors of the County holding a duly noticed public hearing pursuant to Health and Safety Code Section 33679 regarding the Agency's proposed sale of the Property to the County pursuant to the Cooperative Agreement and finding that no other reasonable means of financing the construction of the Sheriff Station is available to the County other than entering into the Cooperative Agreement with the Agency, the Agency hereby approves (a) the Cooperative Agreement, and (b) the sale of the Property to the County pursuant to the P6402-OOOI\1058887v4.doc 2 RESOLUTION NO. 551 Cooperative Agreement. The execution of the Cooperative Agreement by the Agency is conditioned upon the prior or concurrent approval and execution of the Cooperative Agreement by the County. The Agency hereby authorizes its Executive Director to execute and deliver the Cooperative Agreement in substantially the form presented to the Agency and on file with the City Clerk, with such additions thereto or changes therein as may be necessary or convenient and as the Executive Director may approve, in his discretion, as being in the best interests of the Agency, such approval to be conclusivefy evidenced by the Executive Director's execution and delivery thereof. Section 4. The officers of the Agency are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to effectuate the purposes of this Resolution and the Cooperative Agreement, and any such actions previously taken by such officers are hereby ratified and confirmed. PASSED, APPROVED and ADOPTED this 10th day of July 2008 by the following vote to wit: AYES: FERGUSON, FINERTY, KELLY, SPIEGEL, and BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: S P.A H L D. KLASSEN, SECRETAR PALM DESERT REDEVELOPMENT AGENCY P6402-0001\1058887v4.doc 3