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Resolution Number 86-12-16-3109 RESOLUTION NO. 86-12-16-3 CT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE SALE OF CERTAIN PROPERTIES WITHIN THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA TO THE PRICE COMPANY; APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING THERETO (PRICE CLUB) WHEREAS, the San Juan Capistrano Community Redevelopment Agency (the "Agency") is engaged in activities necessary to carry out and implement the Redevelopment Plan for the San Juan Capistrano Central Redevelopment Project Area; and, WHEREAS, in order to carry out and implement such Redevelopment Plan the Agency proposes to enter into a Disposition and Development Agreement (the "Agreement") with The Price Company (the "Developer") for the sale of the development site (the "Site") for the development and operation of a Price Club and retail space, with the necessary parking and landscaping by the Developer (all as described in the Agreement) in the San Juan Capistrano Central Redevelopment Project Area; and, WHEREAS, the Developer has submitted to this Agency copies of said proposed Agreement in a form desired by the Developer; and, WHEREAS, pursuant to the California Community Redevelopment Law (California Health and Safety Code, Section 33000 et seq.) the Agency and this City Council held a joint public hearing on the Agreement and the proposed sale of the Site, having duly published notice of such public hearing and made copies of the proposed Agreement available for public inspection and comment; and, WHEREAS, the Agency has duly considered all terms and conditions of the proposed Agreement and believes that the redevelopment of the real property pursuant thereto is in the best interests of the City of San Juan Capistrano and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law and requirements. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano, California, as follows: 1. The City Council recognizes that it has received and heard all oral and written objections to the proposed Agreement, and to the proposed sale of the Site and to other matters pertaining to this transaction, and that all such oral and written objections are hereby overruled. 2. The City Council hereby finds and determines that the consideration to be paid by the Developer for the purchase of the Site, is not less than fair market value in accordance with the covenants and conditions governing such sale. The City Council hereby further finds and determines that all consideration to be paid under the Agreement is an -1- 110 amount necessary to effectuate the purposes of the Redevelopment Plan for the San Juan Capistrano Central Redevelopment Project. 3. The sale of the Site and the proposed Agreement which establish the terms and conditions therefor, are hereby approved. 4. The City Council hereby authorizes the City Clerk to deliver a copy of this resolution to the Executive Director and members of the Agency. A copy of the Agreement when executed by the Agency shall be placed on file in the Office of the City Clerk. PASSED, APPROVED, AND ADOPTED this of December , 1986. ATTEST: 16th KENNETH E. FRIESS, MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) day I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 86-12-16-3 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 16th day Of December , 1986, by the following vote: AYES: Councilmen Schwartze, Bland, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilman Buchheim (SEAL) MARY ANNN VER, CITY CLERK -2-