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Res 08-006 RESOLUTION NO 08-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY CONSENTING TO THE APPROVAL OF A PURCHASE AGREEMENT AND A LEASE AGREEMENT BY AND BETWEEN THE POWAY REDEVELOPMENT AGENCY AND COUNTRY MONTESSORI SCHOOL OF POWAY, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the Poway Redevelopment Agency ("Agency") is engaged in activities necessary to ca rry out and implement the Redevelopment Plan ("Redevelopment Plan") for the Paguay Redevelopment Project ("Project Area"); and WHEREAS, in order to carry out and implement such Redevelopment Plan the Agency proposes to enter into that certain Purchase Agreement ("Purchase Agreement") with Country Montessori School of Poway ("Seller") for the acquisition by the Agency of that certain real property generally located at 12642 Monte Vista Road in the City of Poway ("Property"); provided, the Seller's obligation to sell the Property to Agency is conditioned upon the Seller's ability to obtain financing for the purchase of a site ("Relocation Site") suitable for the relocation and expansion of the non-profit school currently operated on the Property ("School"), and WHEREAS, the Agency intends to acquire the Property with funds from its Low and Moderate Income Housing Fund ("Housing Funds"), and WHEREAS, the Property is located outside the Project Area, and WHEREAS, the use of Housing Funds to acquire the Property will be of benefit to the Paguay Redevelopment Project by making the Property available to the Agency for the construction of high quality multifamily housing units on the Property which will be made available to low and moderate income persons atan affordable rent; and WHEREAS, the Agency and the Seller desire for the Agency to acquire the Property from the Seller for a purchase price of Three Million, Four Hundred Thousand Dollins ($3,400,000) ("Purchase Price"), and WHEREAS, Agency also proposes to, enter into that certain Lease Agreement ("Lease Agreement" and, together with the Purchase Agreement, "Agreements") with Seller, which provides that, upon Agency's acquisition of the Property from Seller pursuant to the Purchase Agreement, Agency will lease the Property back to the Seller for a term of no more than one (1) year and Seller will pay rent to Agency in the amount of Eight Thousand Dollars ($8,000) per month, but not less than a total of One Hundred Thousand Dollars ($100,000) ("Rent"), for the purpose of allowing Seller to continue to operate the School on the Property during the period in which Seller will be relocating the School to the Relocation Site, and WHEREAS, the Agency intends to develop a multifamily affordable housing project on the Property to implement the Agency's goals and objectives under the [)()C''.;OC 1259912\'1 Resolution No 08-006 Page 2 Community Redevelopment Law (California Health and Safety Code Section 33000, et seq) ("CRL"), to provide decent, safe and sanitary housing for persons and families of low and moderate income, and to increase, improve and preserve housing available at affordable housing cost to persons and families of low and moderate income, pursuant to the Redevelopment Plan and Sections 33334.2, et seq , and 33413 of the CRL, and WHEREAS, the Seller has submitted to the Agency and the City Council of the City of Poway (the "City Council") copies of the Agreements in a form executed by the Seller; and WHEREAS, the Purchase Price payable by Agency for the Property pursuant to the Purchase Agreement is equal to the fair market value of the Property, as determined by an appraisal of the Property, plus an amount determined by the Agency and the Seller to be sufficient to compensate Seller for all relocation assistance and other benefits to iNhich Seller is entitled pursuant to California Government Code Section 7260, et seq and the regulations promulgated thereunder set forth at Title 25 California Code of Regulations Section 6000, et seq (collectively, the "Relocation Laws"), and WHEREAS, the Rent payable by Seller under the Lease Agreement is not less than the fair market rental value of the Property; and WHEREAS, pursuant to Sections 33430 and 33431 of the CRL, the Agency is authorized, after a duly noticed public hearing, to lease the Property without public bidding; and WHEREAS, a joint public hearing of the Agency and City Council on the proposed Agreements was duly noticed in accordance with the requirements of Health and Safety Code Section 33431, and WHEREAS, the proposed Agreement was available for public inspection prior to the joint public hearing; and WHEREAS, on February 5, 2008, the Agency and City Council held a joint public hearing on the proposed Agreements, at which time the Agency reviewed and evaluated all of the information, testimony, and evidence presented during the joint public hearing; and WHEREAS, all actions required by all applicable law with respect to the proposed Agreements have been taken in an appropriate and timely manner; and WHEREAS, the Agency has adopted an Implementation Plan pursuant to Health and Safety Code Section 33490, which specifically identifies the intent of the Agency to provide for the development of affordable housing for low and moderate income households ("Implementation Plan"), and 1 Resolution No 08-006 Page 3 WHEREAS, the Agreements will assist the Agency in meeting the objectives set forth in the Implementation Plan by making the Property available for the development of affordable multifamily housing units thereon, and WHEREAS, the City Council has duly considered all terms and conditions of the proposed Agreements and believes that the acquisition of the Property from Seller pursuant to the Purchase Agreement and the lease back of the Property to Seller pursuant to the Lease Agreement is in the best interests of the City of Poway and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway that: Section 1 Each of the foregoing recitals is true and correct. Section 2. The City Council finds and determines that, based upon substantial evidence provided in the record before it, the consideration for the Agency's lease of the Property pursuant to the terms and conditions of the Lease Agreement is not less than the fair market rental value of the Property Section 3 The City Council finds and determines that, based upon substantial evidence provided in the record before it, the Purchase Price to be paid by Agency for the Property pursuant to the Purchase Agreement is not greater than the fair market value of the Property plus a reasonable amount to compensate Seller for all relocation assistance and benefits to which it is entitled under the Relocation Laws. Section 4 The City Council hereby finds and determines that the use of Housing Funds for the acquisition of the Property by Agency pursuant to the Purchase Agreement and the lease back of the Property to Seller pursuant to the Lease Agreement will be of benefit to the Project Area by making the Property available for use as affordable housing. Section 5 The City Council hereby finds and determines that the Agreements are consistent with the provisions and goals of the Implementation Plan. Section 6 The City Council hereby consents to the Agency's approval of the Agreements, and the Agency's purchase of the Property pursuant to the Purchase Agreement and lease back of the Property to Seller pursuant to the Lease Agreement. .' Resolution No 08-006 Page 4 Section 7 This Resolution shall take effect from and after its date of adoption ADOPTED, SIGNED AND APPR ED this 5th day of February, 2008 ATTEST ,~eb~ 4 Resolution No 08-006 Page 5 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO) I, L Diane Shea, City Clerk of the City of Poway, do hereby certify the foregoing Resolution No 08-006 was duly adopted by the City CounCil of the City of Poway at a meeting of said City Council held on the 5th day of February, 2008, and that it was so adopted by the following vote AYES BOYACK, EMERY, HIGGINSON, REXFORD NOES. NONE ABSENT CAFAGNA DISQUALIFIED' NONE ~~ L. Diane Shea, City Clerk City of Poway 5