City Council
Meeting: February 27, 2007
Agenda Item: 8-B__
To: Mayor
and City Council
Chairperson
and Redevelopment Agency
Chairperson
and Parking Authority
From: Andy Agle,
Director of Housing and Economic Development
Subject: Acquisition of Property Located at
Recommended
Action
Staff recommends that the City Council:
1.
authorize
the City Manager to execute a Letter of Intent for the City of Santa Monica
(“City”) to acquire the property owned by Fifth/Arizona Investors, LLC and
Bayside Domination, LLC, located at 430 Arizona Avenue, 1324 Fifth Street, 1320
Fifth Street and 1321 Fifth Street, and to negotiate and execute a Purchase and
Sale Agreement and other related documents with the property owners;
2.
adopt
a Resolution finding the use of funds from the Redevelopment Agency of the City
of Santa Monica for acquisition of property located at 430 Arizona Avenue, 1324
Fifth Street, 1320 Fifth Street and 1321 Fifth Street, to be of benefit to the
Earthquake Recovery Redevelopment Project Area;
3.
authorize
preparation and execution by the City Manager of a Cooperation Agreement
between the City, the Parking Authority and the Redevelopment Agency for the
purpose of acquiring property at
4.
amend
Sections 1(a) and 2(a) of the Settlement Agreement between the City and
Fifth/Arizona Investors, LLC, and Taking the Fifth, LLC to extend the date for
expiration of Administrative Approval No. 05AA-017 and 05AA-018 from March 15,
2007, to May 15, 2007.
Staff recommends that the Redevelopment
Agency of the City of
1.
adopt
a Resolution finding the use of funds from the Redevelopment Agency for
acquisition of property located at
2.
authorize
preparation and execution by the Executive Director of a Cooperation Agreement
between the City of
Staff recommends that the Parking
Authority of the City of
Executive
Summary
The Letter of Intent
between the City and Fifth/Arizona Investors, LLC and Bayside Domination, LLC,
(“Property Owners”) provides for the City to purchase the property located at
Discussion
Background
The Property consists of seven lots that total 52,500 sq. ft. One of
the lots is improved with a 25,335 sq. ft. building, at
Negotiations with the Property Owners began in October 2006, and
resulted in the Offer Letter from the Property Owners to sell the Property to
the City. The offer to sell states that the transaction will contain a right in
favor of one or more of the Owners under Section 1033 of the Internal Revenue Code and under
Section 68 of the Revenue and Taxation Code. Following execution of the Letter
of Intent, the City and the Property Owners will negotiate a Purchase and Sale
Agreement. Escrow is to open within 30
days of signing the Letter of Intent.
As part of its due diligence, staff will conduct a Phase I
environmental assessment of the property. If the tests reveal conditions that
are unacceptable to the City, the City may cancel its escrow and its good faith
deposit will be returned.
The Letter of Intent also amends the terms of a Settlement
Agreement between the City and the Owners to provide for an extension on the
time of building permits for approved projects at 430
Previous Council Actions
Council authorized staff to initiate
negotiations with the property owner at its meeting of October 24, 2006, when
it approved a Settlement Agreement with the Property Owners.
Environmental Analysis
The Property is located within an area
studied in the Downtown Parking EIR, certified by the City Council on May 9,
2006, for the development of new parking resources. A copy of this EIR will be
available on the dais at the City Council hearing on this matter and can be
viewed online. None of the conditions described in CEQA Guidelines Section
15162 and 15163 have occurred which would necessitate additional environmental
review.
Redevelopment Considerations
The City has been
pursuing property acquisition for the purpose of adding public parking
resources within the area bounded by
Budget/Financial Impact
The Cooperation Agreement will provide a grant to the City from the Redevelopment Agency in the amount of $27,900,000 and from the Parking Authority in the amount of $3,000,000. The funds are available from the Redevelopment Agency at Account # C170621.589000 in the amount of $14,900,000 and Account No. C170776.589000 in the amount of $13,000,000. Funds are available from the Parking Authority at Account No. C770776.589000 in the amount of $3,000,000
Prepared by:
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Approved: |
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Forwarded to Council: |
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Andy Agle, Director, Resource Management |
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P. City Manager |
Attachments:
Attachment A: Resolution of The City Of
Attachment B: Resolution of The Redevelopment Agency
Consenting to the Use Of Agency Funds for the Acquisition of Property Located
at 430
Attachment C: Property Map