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HomeMy WebLinkAbout12-077 CC Resolution RESOLUTION NO. 12-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED FEE REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND JONES/BLUMENTHAL TEMECULA REAL PROPERTY LLC THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: � � Section 1. Recitals. The City Council does hereby find, determine, and declare that: , A. The City and Jones/Blumenthal Temecula Real Property LLC ("Developer") propose to enter into that certain agreement entitled: "Fee Reimbursement Agreement by and between the City of Temecula and Jones/Blumenthal Temecula Real Property LLC" ("Agreement") that will provide for the reimbursement of approximately $237,035 in development fees to the City in return for Jones/Blumenthal building a Mercedes Benz new motor vehicle dealership ("Dealership") on Parcel A. B. The Developer expects to employ approximately 100 persons at the Mercedes Benz dealership within the next five (5) years. C. The City Council finds and determines that performance of the City's obligations under this Agreement and the undertakings of the Dealership required by this Agreement will promote the public health, safety, and welfare of the citizens of the City and will be of substantial economic benefit to the City as the Agreement will: 1. Generate new short term and long term quality employment opportunities within the City; 2. Generate new tax revenues that will assist the City in funding public services for the residents and businesses within the City; 3. Preserve and enhance #he job/housing balance described in the City's General Plan and various regional plans; 4. Develop new and expanded commercial and business facilities; 5. Expand and enhance the City's tax base through increased property values and consumer purchasing; and 6. Promote the stability and diversification of the City's economy. Resos 12-77 � D. All legal prerequisites to the adoption of the Resolution have occurred. E. The Agreement approved by the Resolution is a contract within the meaning of Section 53511(a) of the California Government Code and therefore subject to a validation pursuant to Section 860 of the California Code of Civil Procedure. Section 2. Approval of Agreement. The City Council of the City of Temecula hereby approves that certain agreement titled "Fee Reimbursement Agreement By and Between City of Temecula and Jones/Blumenthal Temecula Real Property LLC" ("Agreement") with such changes to the Agreement as may be mutually agreed upon by Jones/Blumenthal and the City Manager and which are in substantial conformance with the form of such Agreement in Attachment 2. The Mayor is hereby authorized to execute the Agreement on behalf of the City. A copy of the final Agreement when executed by the Mayor and the Developer shall be placed on file with the City Clerk. Section 3, Authority of the City Manager. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Agreement, including but not limited to, approval and execution on behalf of the City acceptances, certificates, certificates of completion and such other implementing agreements and documents as contemplated, necessary, or described in the Agreement. Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of November, 2012. — 1 - / � � ,� Chu k Washington, Mayor ATTEST: � Susan W Jones MMC [S EAL] Resos 12-77 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 12-77 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of November, 2012, by the following vote: AYES: 5 COUNCIL MEMBERS: , Comerchero, Edwards, Naggar, Roberts, Washington NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None L.t� Susan . Jones, MMC City Clerk � Resos 12-77 3