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HomeMy WebLinkAboutRA 2009-006RESOLUTION NO RA 2009-006 RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO, CALIFORNIA, IRREVOCABLY ALLOCATING FUNDS FOR COMPLETION OF THE CITY OF ATASCADER09S ZOO ENTRANCE AND GIFT SHOP PROJECT WHEREAS, the City Council for the City of Atascadero (the "City") has adopted the Redevelopment Plan for the Project Area (the "Redevelopment Plan") WHEREAS, the Community Redevelopment Agency of Atascadero (the "Agency") and the Agency Board of Directors ("Board") is vested with responsibility pursuant to the Community Redevelopment Law (Part 1 of Division 24 of Health and Safety Code of the State of California) (the "Law") to implement the Redevelopment Plan in the Project Area. WHEREAS, the Redevelopment has commenced planning and design for the construction of Zoo Entrance and Gift Shop Project (the "Project") at Atascadero Lake Park within the City, which public facilities upon their completion will be operated by the City WHEREAS, the Project will address the goals and objectives of the Redevelopment Plan for the Project Area and will be of benefit to the Project Area in that the Project will attract erm additional tourists, assist with improving physical aesthetics, and alleviate blighting conditions in the area serving as the gateway to the Project Area. WHEREAS, the Project is consistent with and will promote the Agency's Implementation Plan WHEREAS, the construction of the Project conforms to the General Plan of the City WHEREAS, the City lacks sufficient capital or general funds available which could be used to undertake the Project and bring it to completion and it is not practical to arrange for assessment district or any other similar financing for the Project. WHEREAS, the Redevelopment Agency has completed bid documents, and awarded the bid for the Project to C3 Construction, but has failed to execute the contract for the Project. WHEREAS, the City desires that the Project be completed in a timely manner WHEREAS, the City and the Agency have an interest in executing a contract prior to January 1, 2010 WHEREAS, the Agency intends to provide funding ("the Agency Funds") for the Project. Community Redevelopment Agency of Atascadero Resolution No. RA 2009-006 Page 2 of 3 err WHEREAS, the Agency, may enter into a binding contract ("Agreement") with the City pursuant to which the Agency will irrevocably commit the Agency Funds to the Project. WHEREAS, a staff report (the "Staff Report," incorporated herein by reference), which sets forth facts supporting the findings made in this resolution pursuant to Section 33445 of the Health and Safety Code, has been prepared to accompany this resolution. WHEREAS, pursuant to Health and Safety Code Section 33445, the Agency may, with the consent of the City, pay part or all of the cost of the construction of the Project if the Board and the City make certain specified findings NOW, THEREFORE BE IT RESOLVED 1 That the Board hereby finds and determines that: (a) the Project will be of benefit to the Project Area, (b) no other reasonable method of financing the gap between the total cost of construction of the Project and the funds available to the City is available to the community; (c) the Project will assist in the elimination of one or more blighting conditions inside the Project Area, and (d) Agency assistance for the Project is consistent with the Agency's current Implementation Plan. The factual and analytical basis used by the Agency in making these findings and determinations is set forth in the Staff Report, and materials regarding the Project provided to the Agency 2. If the Agency has not fully executed a contract with C3 Construction for the Project, by the close of business on December 30, 2009, that the Board directs the Executive Director of the Agency to execute the Agreement with the City irrevocably committing the Agency Funds to the City for the Project and requiring that the Agency Funds be held in a separate account pursuant to IRS Code Section 18(b) 3 If it becomes necessary to execute the Agreement, that the Board approves the expenditure of Agency Funds as set forth in the Agreement, between the Agency and the City and submitted to the Agency in connection with consideration of this Resolution. 4 If it becomes necessary to execute the Agreement, that the Agency hereby authorizes the Executive Director of the Agency to segregate six hundred seventy thousand, six hundred sixty dollars and no cents ($670,660 00), within the Agency's accounts to be held in a separate account ("Escrow Account") upon execution of the Agreement governing the use of and accounting for the Agency Funds. IT IS FURTHER RESOLVED AND ORDERED that this resolution will become effective upon the effective date of approval by the Agency's Board of Directors. On motion by Board Member O'Malley and seconded by Board Member Clay, the foregoing resolution is hereby adopted in its entirety on the following roll call vote Community Redevelopment Agency of Atascadero Resolution No. RA 2009-006 Page 3 of 3 am AYES Board Members Beraud, Clay, Fonzi, O'Malley and Chairperson Kelley NOES None ABSENT None ADOPTED December 8, 2009 COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO By. y 6e�- Bob Kelley, Chai ` rson ATTEST Marcia McClure Torgerson, C.M ., Agency Secretary APPROVED AS TO FORM. z ej Brian A. Pienk, Agency Counsel