2011-023 - Development Agreement Between the Community Redevelopment Agency

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Section 4. The City Council hereby adopts the Findings of Fact and Statement of Overriding Considerations for the Station District Project as defined in the new Scope of Development, attached as Exhibit "A". Section 5. The City Council hereby finds and determines that the MMRP adopted by the Agency on June 7, 2010 remains in effect. Section 6. The City Council hereby finds and determines that the terms of the Settlement Agreement do not require revisions to the Final EIR or further environmental analysis either because the terms do not involve new significant environmental impacts or a substantial increase in the severity of an impact, and/or have no potential to result in a direct or indirect physical change in the environment, and/or are otherwise exempt from CEQA. Section 7. The City Council hereby finds and determines that, based upon substantial evidence provided in the record before it, the consideration for the Agency's conveyances real property to the Developer pursuant to the terms and conditions of the DDA as amended by the First Amendment is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the DDA. Section 8. The City Council hereby finds and determines that, based upon substantial evidence provided in the record before it, the First Amendment is consistent with the provisions and goals of the Implementation Plan. Section 9. The City Council hereby consents to the approval by the Agency of the First Amendment in substantially the form presented to the Agency, subject to such revisions as may be made by the Executive Director of the Agency or his or her designee. A copy of the First Amendment when executed by the Agency shall be placed on file in the office of the City Clerk. Section 10. The Executive Director and the Agency Secretary are hereby authorized to execute and attest the First Amendment, including any related attachments, on behalf of the Agency. Copies of the final form of the First Amendment, when duly executed and attested, shall be placed on file in the office of the City Clerk. Section 11. The Executive Director (or his/her duly authorized representative) is further authorized to implement the First Amendment and take all further actions and execute all documents referenced therein and/or necessary and appropriate to carry out the First Amendment. The Executive Director (or his/her duly authorized representative) is hereby authorized to the extent necessary during the implementation of the First Amendment to make technical or minor changes thereto after execution, as necessary to properly implement and carry out the First Amendment, provided the changes shall not in any manner materially affect the rights and obligations of the Agency. Section 12. The City Clerk shall certify to the adoption of this Resolution. Resolution No. 2011-023 Page 3 of 4