R-077-16 Approving that Certain Disposition and Development Agreement Between the City of Colton and Lumar Devco, LLC

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. R-77-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON APPROVING THAT CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF COLTON AND LUMAR DEVCO, LLC, AND THE SALE OF REAL PROPERTY PURSUANT TO THAT DISPOSITION AND DEVELOPMENT AGREEMENT AND TO AMEND THE FISCAL YEAR 2016-17 BUDGET TO INCREASE REVENUES ASSOCIATED WITH THE TRANSACTION WHEREAS, the City of Colton ("City") is in the process of purchasing approximately 40,615 square feet (0.93 acres) of real property located at 1595 West Valley Boulevard, in the City of Colton, County of San Bernardino, State of California (APN 0254-191-09) (`Berki Parcel"); and WHEREAS, the City is also in the process of purchasing approximately 88,862 square feet (2.04 acres) of real property previously designated as Valley Boulevard, located to the east of Pepper Avenue, in the City of Colton, County of San Bernardino, State of California (APN 0254- 191-11) ("County Parcel"); and WHEREAS, California Government Code Section 37350 provides that a city may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the common benefit; and WHEREAS, the City has negotiated the terms of that certain Disposition and Development Agreement (Valley & Pepper), a copy of which is attached to this Resolution as Exhibit A and incorporated herein ("Agreement"), with Lumar Devco, LLC., a California limited liability company ("Developer") providing for, among other things, the transfer of the Berki Parcel and the County Parcel by the City to the Developer and Developer's redevelopment of the Property as quick services restaurants or casual dining, or other retail uses acceptable to the City ("Project"); and WHEREAS, the Agreement implements the goals and objectives of the City for the disposition and use of the Property for the common benefit of the City and its citizens, and City desires to enter into the Agreement; and WHEREAS, City staff has determined that the Seller's conveyance of the Property to City is exempt from the requirements of the California Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that the mere transfer of title to the Property from the Seller to the City will not have a significant effect on the environment. WHEREAS, on July 5, 2016, the City Council adopted Resolution No. R-70-16 authorizing the adjustment to the Fiscal Year 2016-17 budget, for an appropriation of $1,600,000 - 1 -