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HomeMy WebLinkAboutRDA Packet 2004/06/01 ~~ft. -~- - OlY OF CHUlA VISTA TUESDAY, JUNE 1,2004 COUNCIL CHAMBERS 4:00 P.M. PUBLIC SERVICES BUILDING (immediately following the City Council meeting) ,JOINT MEETING OF THE REDEVELOPMENT AGENCY I CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Davis, McCann, Rindone, Salas; Chair/Mayor Padilla CONSENT CALENDAR The staff recommendations regarding the following item Is) listed under the Consent Calendar will be enacted by the Agency/Council by one motion without discussion unless an Agency/Council member, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES - May 4, 2004 2. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $23,465 FROM THE AVAILABLE BALANCE OF THE MERGED PROJECT AREA FOR THE PURPOSE OF AN INCENTIVE PAYMENT DUE TO PEOPLE'S CHEVROLET PURSUANT TO A 1993 DISPOSITION AND DEVELOPMENT AGREEMENT - In 1993, the Agency adopted a Disposition and Development Agreement (DDA) for the Chula Vista Auto Park Phase 1, including a provision for payment of incentives to auto dealers if they exceeded a threshold of sales tax receipts to the City during the first 15 years of operations. The auto dealer incentives are based on a formula contained in the DDA. Based on the formula, People's Chevrolet exceeded the sales tax threshold in 2003 and are due an incentive payment. [Community Development Director] STAFF RECOMMENDATION: Agency adopt the resolution. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. PUBLIC HEARING The following item(s) have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Redevelopment Agency or the City Clerk prior to the meeting. 3. CONSIDERATION OF THE SALE OF SPACE 115 AT ORANGE TREE MOBILEHOME PARK In November 1987, Orange Tree Mobilehome Park converted to resident ownership. The Agency assisted residents in purchasing their park with a $600,000 acquisition loan, which was converted to loans for lower income residents to help them purchase spaces they had been renting. At that time, 29 residents either did not wish to purchase their mobilehome space or could not afford to at the time. The Redevelopment Agency agreed to purchase the remaining spaces after the newly-formed homeowner's association was unable to secure the financing to purchase them. Residents who did not purchase their space remained as renters in the Park. It was also the Agency's intent to sell these remaining spaces as new mobilehome buyers moved into the park, or to sell the spaces to the current residents when in the position to buy. [Director of Community Development] STAFF RECOMMENDATION: Agency conduct the public hearing and adopt the following resolution: RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE CONTRACT AND RELATED DOCUMENTS FOR SPACE 115 AT ORANGE TREE MOBILEHOME PARK OTHER BUSINESS 4. DIRECTOR'S REPORT 5. CHAIR REPORT 6. AGENCY COMMENTS ADJOURNMENT The meeting will adjourn to a regular meeting of the Redevelopment Agency on June 15, 2004, at 6:00 p.m., immediately following the City Council meeting in the City Council Chambers. AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodates to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least 48 hours in advance for meetings and five days for scheduled services and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (619) 691-5047 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5647. California Relay Service is also available for the hearing impaired. Redevelopment Agency, June 1, 2004 Page 2 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA May 4, 2004 4:00 p.m. An Adjourned Regular Meeting of the City Council and a Regular Meeting of the Redevelopment Agency of the City of Chula Vista were called to order at 5:54 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Councilmembers: Davis, McCann, Rindone, Salas and Chair/Mayor Padilla ABSENT: Agency/Councilmembers: None ALSO PRESENT: Executive Director/City M3;llager Rowlands, Agency/City Attorney Moore, and Assistant City Clerk Norris CONSENT CALENDAR . With reference to Item No.2, Agency/Councilmembers Rindone and McCann stated that they would abstain from voting due to the proximity of their residences to the project. 1. APPROVAL OF MINUTES - March 23, 2004, March 30, 2004, and April 20, 2004 Staff recommendation: Agency/Council approve the minutes. 2. ORDINANCE NO. 2962, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ADOPTING THE 2004 AMENDMENT (IN THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN) TO THE MERGED CHULA VISTA REDEVELOPMENT PROJECT (SECOND READING) Adoption of the ordinance amends the Merged Chula Vista Redevelopment Project (comprised of the Town Centre II, Otay Valley and Southwest Redevelopment Plans) to facilitate extension of redevelopment and economic development tools throughout commercial and industrial areas in the western part of Chula Vista. This ordinance was introduced on April 20, 2004. (Community Development Director) Staff recommendation: Council adopt the ordinance. ACTION: Chair/Mayor Padilla offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except for Item 2, which carried 3-0-2 with Agency/Councilmembers Rindone and McCann abstaining due to the proximity of their residences to the project. I-I ORAL COMMUNICATIONS There were none. ACTION ITEMS 3. AGENCY RESOLUTION NO. 1873, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $202,292 FROM THE MERGED PROJECT AREA AS A LOAN REPAYMENT TO THE BAYFRONT/TOWN CENTRE I PROJECT AREA; AND APPROPRIATING THESE FUNDS IN THE BAYFRONT/TOWN CENTRE I FUND AND AN ADDITIONAL $199,476 FROM THE MERGED PROJECT AREA FOR THE 2003-2004 STATE EDUCATIONAL REVENUE AUGMENTATION FUND (ERAF) SHIFT OF TAX INCREMENT REVENUES The state's adopted budget for the current fiscal year includes a shift of Redevelopment Agency tax increment funds from local redevelopment agencies statewide to help fund current school revenue shortfalls. A total of $135 million is being shifted from agencies throughout the state. The amount transferred to the state is based on gross tax increment revenues and varies by jurisdiction. The shift from the Chula Vista Redevelopment Agency has been determined by the State Department of Finance to be $401,758. This payment is a one-time transfer of funds. However, additional transfers may be forthcoming depending on the outcome of ongoing state budget discussions for both this year and next. (Community Development Director) City Attorney Moore stated that Agency/Councilmember Salas owns property within 500 feet of the Bayfront Town Centre 1 Project Area, and Agency/Councilmembers Rindone and McCann own property within 500 feet of the Merged Project Area. This item involves a transfer of funds between the project areas and an appropriation of additional funds to cover the City's required Educational Revenue Augmentation Fund payment to the state. The ownership of property within 500 feet of a project area creates a presumption of a conflict of interest. Since all three Agency/Councilmembers have a presumed conflict, advice was sought from the Fair Political Practices Commission (FPPC), which concurred that there is a presumed conflict for three of the Agency/Councilmembers. Pursuant to the City Charter, four votes are necessary to act upon an appropriation. The FPPC determined that two of the conflicted Agency/Councilmembers' participation was legally required. Therefore, two names would be drawn from a hat, and the two names drawn would participate as permitted by the FPPC's opinion. Assistant City Clerk Norris then wrote the names of Agency/Councilmembers Salas, Rindone, and McCann on separate pieces of paper and placed the names in a hat. A member of the public was called upon to undertake the random drawing of two names from the hat. The first name drawn was Agency/Councilmember Rindone, and the second name drawn was Agency/Councilmember Salas. Agency/Councilmember McCann then left the dais. ACTION: Agency/Councilmember Davis offered Agency Resolution No. 1873, heading read, text waived. The motion carried 4-0-1, with Agency/Councilmember McCann abstaining due to the proximity of his property to the project area. Agency/Councilmember McCann returned to the dais at 6:01 p.m. CounciJIRDA Minutes I-;).. 05/04/04 Page 2 OTHER BUSINESS 4. DIRECTOR/CITY MANAGER'S REPORTS There were none. 5. CHAIRIMA YOR'S REPORTS There were none. 6. AGENCY/COUNCILMEMBER COMMENTS There were none. ADJOURNMENT At 6:01 p.m., Chair/Mayor Padilla adjourned the meeting to the Regular Meeting of the Redevelopment Agency on May 18, 2004, at 6:00 p.m., immediately following the City Council meeting. J~ )(~ Donna Norris, Assistant City Clerk Page 3 Counci1/RDA Minutes 1-.3 05/04/04 PAGE 1, ITEM NO.: .:J.... MEETING DATE: 6/01/04 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $23A65 FROM THE AVAILABLE BALANCE OF THE MERGED PROJECT AREA FOR THE PURPOSE OF AN INCENTIVE PAYMENT DUE TO PEOPLE'S CHEVROLET PURSUANT TO A 1993 DISPOSITION AND DEVELOPMENT AGREEMENT SUBMlnED BY: REVIEWED BY: EXECUTIVE DIRECTOR 4/5THS VOTE: YES Œ]NO D BACKGROUND In 1993, the City of Chulo Vista Redevelopment Agency (Agency) adopted a Disposition and Development Agreement (DDA) for the Chula Vista Auto Park Phase 1, including a provision for payment of incentives to auto dealers if they exceeded a threshold of sales tax receipts to the City during the first 15 years of operations. The auto dealer incentives are based On a formula contained in the DDA. Based on the formula, People's Chevrolet exceeded the soles tax threshold in 2003 and are due an incentive payment. RECOMMENDATION It is recommended that the City of Chula Vista Redevelopment Agency adopt the resolution appropriating $23,465 from the unappropriated balance of the merged project area for the purpose of an incenfive payment due to People's Chevrolet. BOARDS/COMMISSIONS RECOMMENDATION Nof applicable. DISCUSSION Recognizing that only three dealerships were operating during the period, the calculations for the 2003 auto dealer incentive .is based on "37.5-percent of sales tax receipts exceeding the threshold" basis dictated by the DDA. The calculations have been revie~ed by the office of Budget and Analysis and City Attorney's Office. The total incentive owed to People's Chevrolet at this time is $23,465. The dealership has exceeded the agreed-upon base sales limit for five of the first seven years of the agreement and, with the action, the Redevelopment Agency will be current in its obligation per the DDA. FISCAL IMPACT A total of $23,465 will be appropriated from the merged project area and paid to People's Chevrolet. J:\COMMDEV\STAFF.REPlO6-01-04\People's Chevrolet Incentive 2004 - AGENCY.doc 02 - ( RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $23,465 FROM THE AVAILABLE BALANCE OF THE MERGED PROJECT AREA FOR THE PURPOSE OF A INCENTIVE PAYMENT DUE TO PEOPLE'S CHEVROLET PURSUANT TO A 1993 DISPOSITION AND DEVELOPMENT AGREEMENT WHEREAS, in 1993, the City of Chula Vista Redevelopment Agency ("Agency") adopted a Disposition and Development Agreement ("DDA ì for the Chula Vista Auto Park Phase 1, including a provision for an "incentive paymenf to auto dealers for each of the first six years after the Auto Park was open for business; and WHEREAS, the DDA also provided for an annual "post-incentive paymenf for the next nine years after the first six; and WHEREAS, it has been seven years since the Auto Park opened; and WHEREAS, the DDA requires the Agency to pay the post-incentive payment to auto dealers if certain sale tax receipt thresholds are exceeded; and WHEREAS, the calculation for the incentive, recognizing that three dealerships were operating during the period, is based on a formula found in the DDA that is roughly equal to 37.5 percent multiplied by the difference between the dealership's sales tax receipts and one-quarter (y.) of a base sales tax figure which is specified in the DDA and adjusted upwards annually; and WHEREAS, although the method of calculation of the incentive and post-incentive payments are based upon sales tax received by the City of Chula Vista ("City"), the method does not constitute a commitment by the City or Agency of sales tax proceeds; and WHEREAS, People's Chevrolet exceeded the sales tax receipt threshold in Fiscal Year 2003. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby appropriate $23,465 from the available balance of the Merged Project Area for the purpose of an incentive payment due to People's Chevrolet. PRESENTED BY APPROVED AS TO FORM BY DlX- 7. H---- Laurie Madigan Ann Moore Director of Community Development Agency Attomey J:ICOMMDEVlRESOS\People's Chevrolet Incentive 03 doc c;)-c1. REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.: .3 MEETING DATE: 06/01/04 ITEM TITLE: PUBLIC HEARING: TO CONSIDER THE SALE OF SPACE 115 AT ORANGE TREE MOBILEHOME PARK RESOLUTION AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE CONTRACT AND RELATED DOCUMENTS FOR SPACE 115 AT ORANGE TREE MOBILEHOME PARK SUBMlnED BY: REVIEWED BY: EXECUTIVE DIRECTOR 4/5T"5 YOTE: YE5 DNO 0 BACKGROUND In November 1987, Orange Tree Mobilehome Park converted to resident ownership. The Agency assisted residents in purchasing their park with a $600,000 acquisition loan, which was converted to loans for lower income residents to help them purchase spaces they had been renting. At that time, 29 residents either did not wish to purchase their mobilehome space or could not afford fo at fhe time. The Redevelopment Agency agreed to purchase the remaining spaces after the newly-formed homeowner's association was unable to secure the financing to purchase them. The Redevelopment Low and Moderate Income Housing Set-aside Fund was used to purchase the remaining spaces. Residents who did not purchase their space remained as renters in fhe Park. It was also the Agency's intent to sell these remaining spaces as new mobilehome buyers moved into the park, or to sell the spaces to the current residents when in the position to buy. Over the last 17 years, 21 spaces have been sold. Proceeds from the sales have been deposited in the Redevelopment Low and Moderate Income Housing Set-aside Fund. Only eight spaces remain in Agency ownership. The mobilehome unit 115 is currently in escrow and the buyer of the unit has submitted an offer to purchase the accompanying space 115. The property is located in the Orangetree Mobilehome Park at 521 Orange Avenue. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the Califomia Environmentol Quality Act (CEQA) and has detennined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061 (b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. ...3 -I PAGE 2, ITEM NO.: MEETING DATE: 06/01/04 RECOMMENDATION That the Redevelopment Agency conduct a public hearing, cansider testimony, and adopt a resolufion authorizing the Community Development Director to execute a purchase cantract and related documents for Space 115 at Orange Tree Mobilehome Park. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION On April 22, 2004, Charles and Rosita Ankerberg, submitted an affer to the Community Development Department to purchase space 115. The land value of the property has been appraised at $50,000 and the buyer has affered to purchase the lot for $50,000. This is a request to authorize the Community Development Director 10 execute a purchase contract (attached) and related documents as approved by the City Attorney's office for the sale of Space 115 at Orange Tree Mobilehome Pork. California Health and Safety Code, Article 11, Section 33431 requires a public hearing to consider a sale of agency owned property without public bids. Staff believes that the proposed sale is appropriate because the sale price is consistent with the fair market value of the praperty. FISCAL IMPACT Proceeds of the sale, less the estimated closing costs of approximately $800, will be deposited into the Agency's Low and Moderate Income Housing Set-aside Fund for further use in providing affordable housing programs within the City. AnACHMENTS 1. Location Map 2. Real Estate Purchase Contract J:\COMMDEV\STAFF.REp\O6.01 .O4\SPACE 115.doc ...3 - d. - LOCATiON MAPAOOENDUM.- ...... °1m2L.....- - ~- f1 ORANGEAI/ENUE~ è", CHULA~ ~~ ~ANDI" ..... ~~ z.~Cod. 919'1 - '...-.0- CITY OF CHULA VISTA REDE'ÆI OPMENT AGE( -- 276 FOURTH Al/ENU CHULA VISTA CA .'910 ATTACHMENT 1 , 2 I I I ! I I I 3 I i ! i I , 4 : - - -- I I i I I --r '- --.-' I '¡"'n",\ -;-" 1 5 MAl -¡¡~ 23 !~ I t ! ..3 -.3 _I """"""""'----"-'---=~ OFFER TO PURCHASE The undersigned hereby offers $ 50.000 for the purchase of the unimproved Space #115 at Orange Tree Mobilehome Park, located at 521 Orange Avenue, Chula Vista. The undersigned understands that this purchase of Space #115 is contingent upon (a) the Redevelopment Agency of the City of Chula Vista's acceptance of such offer, in its sole discretion after a Public Hearing; (b) the execution of all parties of a formal purchase contract; and (c) satisfaction of all contingencies thereunder. The undersigned understands that this offer shall remain in effect for thirty-days from this Offer to Purchase and will expire on 06-15-04 ,2004. If the undersigned is unable to secure financing for Space #115 at Orange Tree Mobilehome Park, the undersigned will notify the Community Development Department in writing on or before 06-30 ,2004. Rnsl TJ9- AÑ I<EIJ.13IiIl& S'~~ ?-Ðt.j Buyer Date ~~ ç-,. 7-0 'f Buyer. . Date J :ICOMMD EVIOrangetree MHIOIfe!;toPun:basc.doo 3- '/ REAL ESTATE PURCHASE CONTRACT AND RECEIPT FOR DEPOSIT This is more than a receipt for money. It is intended to be a legally binding contract Read it carefully. REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT ***Standard Form*** Chura Vista, California S- 2 '7 ,2004 Rosita Anketbera, herein called Buyer, desires to purchase Space #115 at Orange Tree Mobilehome Park, 521 Orange Avenue, Chula Vista. Received from Buyer, the sum of four hundred dollars ($400.00) evidenced by: [circle one) [a] Cash [b] Cashier's Check [c] Personal Check;P!jo/+, [d] Other payable to the Redevelopment Agency of the City of Chula Vista as a non-refundable deposit on account of purchase of property. Upon acceptance of this offer, Rosita Anketberg deposit into escrow the remaining balance of the purchase price of Fortynine Thousand Six Hundred ($49,600.00), for the purchase of property situated in Chula Vista, County of San Diego, California, described as follows: SEE ATTACHED LEGAL DESCRIPTION (More commonly known as Space 115 at Orange Tree Mobilehome Park, 521 Orange Avenue, Chula Vista) 1. Buyer will deposit in escrow with Heritage Escrow the balance of $49,600.00 towards the purchase price of $50,000.00. 2. Redevelopment Agency of the City of Chula Vista, herein called Agency, will credit the $400 received as a non-refundable deposit towards the purchase price of $50,000.00. 3. Buyer does intend to occupy subject property as his/herltheir residence. 4. Buyer and the City of Chula Vista Redevelopment Agency, herein called Agency, shall deliver signed instructions to the escrow holder within seven (7) days from Seller's acceptance, which shall provide for closing within 30 days from Seller's acceptance. Escrow and other fees to be paid as follows: Bv Aaencv: 1. Owner's Title Insurance Policy 2. One-half of Escrow Fee 3. Document Transfer Tax 4. Document Preparation Fee 5. IRS Tax Report 6. One-half of Transfer Fee of Homeowners Association 7. Proration of Property Taxes and Homeowners Association Fee ...3-~ Real Estate Purchase Contract Page 2 of3 By Buyer: 1. One-half of Escrow and Homeowners Association Fee 2. If the sale is not completed due to fault of the Buyer, Buyer shall be responsible for any escrow and related fees. 3. Approval of this sale shall be contingent upon final. approval of the Redevelopment Agency of the City of Chula Vista. 4. Buyer acknowledges having received copy of the Declarations, Covenants, Conditions and Restrictions and all amendments hereto, if any, governing the described property, together with a copy of the By-laws of the Orange Tree Homeowners Association. 5. Buyer and Seller acknowledge receipt of copy of this entire document, which is comprised of three pages. . 6. This agreement constitutes the entire agreement. Any amendments to this agreement shall be in writing and shall be signed by both parties. 7. If a lawsuit is filed in connection with this agreement, the prevailing party shall be entitled to be compensated for legal expenses including reasonable attorney's fee. 8. Buyer agrees and acknowledges that they may have made an independent investigation to the extent Buyer deems appropriate, conceming the physical condition (including the existence of hazardous materials), value, development, use, marketability, feasibility and suitability of the subject property, including, but not limited to, land use, zoning and other govemmental restrictions and requirements. Buyer is acquiring the subject property "as is', in its present state and condition solely in reliance upon Buyer's own investigation, and no representations or warranties of any kind, express or implied, have been made by the Agency or its representatives, except as expressly set forth in this Agreement. Buyer unconditionally releases Agency from and against any and all liability, both known and unknown, present and future, for any and all damages, losses, claims and costs (including without limitation, the existence of hazardous materials), or the subject property's non-suitability for intended use. With respect to this Section, Buyer waives the provisions of California Civil Code Section 352 which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.' 8.1. Buyer will accept the subject property, and the matters relating to the subject property listed below, in the present "as is' condition. The matters are: a. Soils. ToDoaraDhv. Etc. Soils and geological condition; topography, area and configuration; archeological, prehistoric and historic artifacts, remains and relics; endangered species. b. Utilities. Schools. Etc. Availability of utilities, schools, public access, and fire and police protection. c. Assessment Districts. The status and assessments of any and all assessment districts d. Plannina and Zonina.Applicable planning, zoning, and subdivision statutes, ordinances, and regulations. J:\COMMDEV\Orangetree MH\RE Purèh Contract.doc .i.-G. Real Estate Purchase Contract Page 3 013 e. Easements and Encroachments. Any easement, license, or encroachment which is not a matter of public record, whether or not visible upon inspection of the subject property; Seller warrants to Buyer that Seller knows of no such easement license or encroachment. f. Other Matters. Any other matter relating to the subject property or to the development of the subject property, including, but not limited to, value, feasibility, cost, govemmental permissions, marketing and investment return, except as otherwise expressly provided in this Agreement. 8.2. Real Estate Commissions. Each party warrants to the other that no brokers or finders have been employed or are entitled to a commission or compensation in connection with this transaction. Each party agrees to indemnify, protect, hold harmless and defend the other party from and against any obligation or liability to pay any such commission or compensation arising from the act or agreement of the indemnifying party. 9. Cost of Property Appraisal Dated: ,5-27-00/ Dated: BUYER REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ~~ Laurie Madigan Community Development Director J:\COMMDEV\Orangetree MH\RE Purch Contractdoc "';-1 . RESOLUTION NO. - RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE CONTRACT AND RELATED DOCUMENTS FOR SPACE 115 AT ORANGE TREE MOBILEHOME PARK WHEREAS, the Redevelopment Agency currently owns mobilehome spaces at Orange Tree Mobilehome Park located at 521 Orange Avenue, Chula Vista; and WHEREAS, an offer to purchase space 115 at Orange Tree Mobilehome Park has been received by the Community Development Department for $50,000, and WHEREAS, the land value has been appraised at $50,000; and WHEREAS, Article 11, Section 33431 of the Health and Safety Code requires a public hearing be held for any sale or lease of Agency-owned property without public bids; and WHEREAS, said public hearing has been conducted pursuant to Section 33431 for the sale of space 115 at Orange Tree Mobilehome Park; and WHEREAS, the Redevelopment Agency has found and determined that the sale of space 115 at Orange Tree Mobilehome Park to the buyer, on the terms proposed is for fair value under the circumstances, is in the best interest of the Redevelopment Agency, and is consistent with its housing goals; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review IS necessary. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Chula Vista as follows: 1. That based on the facts and findings set forth above, the Redevelopment Agency of the City of Chula Vista does hereby approve the sale of space 115 at Orange Tree Mobilehome Park to Charles and Rosita Ankerberg for the purchase of $50,000; and 2. That the Redevelopment Agency of the City of Chula Vista does hereby authorize the Community Development Director to execute a purchase contract on the terms presented, in substantially the same form on file in the Office of the Secretary to the Redevelopment Agency, and escrow instructions, each in a final form approved by the Agency Attorney, and with such additional provisions as may be deemed necessary or appropriate thereby; and 3. That the Redevelopment Agency of the City of Chula Vista does hereby authorize the Community Development Director to take such other action as deemed necessary to consummate said sale of space 115 at Orange Tree Mobilehome Park. PRESENTED BY APPROVED AS TO FORM BY ~u Laurie Madigan Director of Community Development . Attomey J:ICOMMDEVlRES051O6-O1-04l5pace 115.doc J-1