R-083-15 Appproving that Certain Disposition and Development Agreement with Evergreen for the Sale and Development Real Property

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 development of the Project, and WHEREAS, the City held a public hearing on July 7, 2015, as set forth in Resolution No. R-56-15, to hear any protests regarding the conveyance of the City Parcel to the Developer. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON RESOLVES AS FOLLOWS: SECTION I. INCORPORATION OF RECITALS. The recitals set forth above are true and correct and are hereby incorporated into this Resolution. SECTION II. FINDINGS. The City finds that the public interest and convenience require conveyance of the City Parcel to Developer for economic development of the City Parcel as a Smart & Final Extra and an additional retail/restaurant building, which will create or maintain jobs within the City and alleviate conditions of economic and physical blight in the City, all of which benefit the health, safety and welfare of the City. SECTION III. PROTESTS. The City has not received any protests regarding the conveyance of the City Parcel to Developer [OR The City has received protests regarding such conveyance and has overruled such protests by a four-fifths vote of its members,] and may proceed with the conveyance of the City Parcel to Developer. SECTION IV. APPROVAL OF AGREEMENT. The City Council of the City of Colton hereby approves the Agreement in substantially the form attached hereto as Exhibit "D." SECTION V. IMPLEMENTATION. The City Manager or his or her designee is hereby authorized and directed, on behalf of the City, to take any actions and execute any and all necessary documents to implement the Agreement. SECTION VI. CEQA. The approval of the Agreement does not commit the City to a definite course of action in regards to the Project because the Project remains subject to the City's full exercise of discretion as a lead agency under Public Resources Code section 21000 et seq., the California Environmental Quality Act ("CEQA"), to conduct environmental review of the Project, to approve or disapprove the Project, and to require the Project to undertake mitigation measures or alternatives as may be set forth in the environmental review document. SECTION VII. SEVERABILITY. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City declares that the City would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution. SECTION VIII. NOTICE OF EXEMPTION. The City Council hereby directs staff to prepare, execute and file a Notice of Exemption with the San Bernardino County Clerk within five days of the passage and adoption of this Resolution. SECTION IX. CERTIFICATION. The City Clerk shall certify to the adoption of this Resolution. 23152.06001\9383102.2 - 2 -