HomeMy WebLinkAbout007-2011RESOLUTION NO. 7 -2011
CONSENTING TO THE DANVILLE COMMUNITY DEVELOPMENT
AGENCY'S ACQUISITION OF REAL PROPERTY LOCATED AT 115 -125
HARTZ AVENUE AND AUTHORIZING ASSISTANCE TO THE
COMMUNITY DEVELOPMENT AGENCY PURSUANT TO THE
COOPERATION AGREEMENT BETWEEN THE TOWN OF DANVILLE AND
THE COMMUNITY DEVELOPMENT AGENCY
WHEREAS, the Town of Danville has previously funded Capital Improvement
Project C -319 for Hartz Avenue Beautification -Linda Mesa to Railroad; and
WHEREAS, Project C -319 is funded, in part, by both the Town and the Danville
Community Development Agency (the "Agency "), and
WHEREAS, in order for Project C -319 to proceed, it is necessary to acquire
public right -of -way across several properties, including 115 -125 Hartz Avenue;
and
WHEREAS, as a result of negotiations to acquire right -of -way, the Agency and
the owners of 115 -125 Hartz Avenue (125 Hartz Avenue, LLC) have reached an
agreement in which the Agency would purchase the entire property; and
WHEREAS, Project C -319 includes total Agency appropriations of $2,372,671, of
which $2,275,163 is currently unexpended and available to acquire the real
property at 115 -125 Hartz Avenue; and
WHEREAS, the Town and the Agency have entered into a Cooperation
Agreement, most recently amended and restated on July 1, 2005 (the
"Cooperation Agreement "). Pursuant to Sections 2 and 6 of the Cooperation
Agreement, the Town may assist and expend funds on behalf of the Agency for,
among other things, the acquisition of property within the Agency's Project Area,
subject to making the findings required by state redevelopment law regarding
elimination of blight and consistency with the Redevelopment Plan, and
WHEREAS, State Redevelopment Law requires that the Town consent to the
Agency's purchase of the property at 115 -125 Hartz; now, therefore, be it
RESOLVED, that the Danville Town Council consents to the acquisition of the
real property at 115 -125 Hartz Avenue by the Danville Community Development
Agency and finds that the acquisition is consistent with the Town's General Plan;
and, be it further
RESOLVED, that acting pursuant to Sections 2 and 6 of the Second Amendment
and Restatement of the Cooperation Agreement between the Town of Danville
and the Community Development Agency of the Town of Danville, dated July 1,
2005, the Town agrees to assist the Agency in the acquisition of the land at 115-
125 Hartz Avenue by providing $324,837 in funding for the acquisition, to be
taken from CIP Project C -319. This amount shall not be a debt of the Agency;
however, in the event the Agency subsequently disposes of the property, the
Town shall be entitled to reimbursement from the proceeds of such sale.
APPROVED by the Danville Town Council at a Special Meeting on January 25,
2011, by the following vote:
AYES: Stepper, Andersen, Arnerich, Doyle, Storer
NOES: None
ABSTAINED: None
ABSENT: None
OVED AS TO FORM:
13
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 2 OF RESOLUTION NO. 7 -2011