RES-ORA-0495 Acquisition Approval of Parcel of Vacant Real Property Northwest Corner of State College Blvd. and Anaheim WayRESOLUTION NO. ORA-
0495 A RESOLUTION OF THE BOARD OF
DIRECTORS OF THE ORANGE REDEVELOPMENT
AGENCY APPROVING THE ACQUISITION FROM THE
CITY OF ORANGE OF A PARCEL OF VACANT
REAL PROPERTY CONSISTING OF
APPROXIMATELY 29,380 SQUARE FEET AND GENERALLY
LOCATED AT THE NORTHWEST CORNER OF
STATE COLLEGE BLVD. AND ANAHEIM WAY IN
THE CITY OF
ORANGE.WHEREAS, the City of Orange (the City) is a municipal corporation
exercising governmental functions and powers, organized and existing under the laws of the State
of California, and authorized to sell and otherwise convey real property to the
Orange Redevelopment Agency (the Agency) under the California Community Redevelopment
Law commencing with Section 33000 of the Health and Safety Code and hereinafter referred to
as the Redevelopment Law);
and WHEREAS, the Agency has been duly created, established and authorized
to transact business and exercise its powers under and pursuant to the Redevelopment Law;
and WHEREAS, the City is the owner of a vacant parcel of real property, which
is depicted on the map attached hereto as Exhibit B and more particularly described on
Exhibit A, attached hereto and incorporated herein by this reference (herein referred to as
the Property);
and WHEREAS, the Property is located within the boundaries of the Orange Merged
and Amended Redevelopment Project Area (the Redevelopment Project Area),
which Redevelopment Project Area was duly established by the City Council of the City of Orange
on November 27,2001 by Ordinance No. 21-01, pursuant to the Redevelopment
Law; and WHEREAS, the City Council has heretofore found and determined that the
Property is surplus to the City's needs and not needed for any other public purpose and that its sale
to the Agency, in accordance with the authority conferred upon the City by Section 33396
of the Redevelopment Law, is for the common benefit of the
City; and WHEREAS, Section 33396 of the Redevelopment Law authorizes the
Agency to accept a conveyance of City-owned surplus real property for disposition by
the Agency to private persons or to public or private entities by sale or lease
for
redevelopment purposes;and WHEREAS, Section 33391 of the Law authorizes the Agency to
acquire for purposes of redevelopment any real or
WHEREAS, the Board of Directors of the Agency (the Agency Board) proposes to
acquire the Property from the City pursuant to the terms and provisions of a Purchase and
Sale Agreement in the form presented at this meeting (the Purchase Agreement); and
WHEREAS, the Property has been appraised as having a fair market value of
1,175,000.00 and the purchase price set forth in the Purchase Agreement is in accordance
with said appraisal; and
WHEREAS, the Purchase Agreement by and between the City and the Agency has
been prepared and submitted, providing for the conveyance of the Property by the City to the
Agency for the purchase price and upon the terms stated therein; and
WHEREAS, Maguire Properties-500 Orange Center Development, LLC, a
Delaware limited liability company (herein referred to as the Participant) owns certain real property
in the Redevelopment Project Area, which real property consists of approximately 7.05
acres located west of and adjacent to the Agency Property and bounded by Anaheim Way on
the south, Orange Center Drive on the north, and E. Orangewood Avenue on the west (
the Participant's Parcel);
and WHEREAS, the Participant qualifies as an "owner participant" under Section
33339 of the CRL and the Redevelopment Plan;
and WHEREAS, the Participant desires to develop the Participant's Parcel, together
with the Agency Property (herein collectively referred to as the Development Site), with two or
three office buildings consisting of approximately 915,000 gross square feet and two
parking structures consisting of approximately 2,350 spaces (the Proposed Project), and, to that
end,desires to apply to the City for Major Site Plan Review and a Conditional Use Permit;
and WHEREAS, the Agency Board desires to encourage and effectuate the
development of the Development Site with the Proposed Project or an alternative development
in recognition of the fact that one or more of the conditions to the Participant's Proposed
Project may fail to be met as a result of subsequent studies, reviews and proceedings involving
the exercise of discretion by the Agency Board, the City or any agency or department
thereof;
and WHEREAS, the Participant desires the Agency to convey the Agency Property to
the Participant consistent with the policies of the Agency and the City of Orange for
the construction of the Proposed Project;
and WHEREAS, the Agency Board desires to authorize its Assistant Executive
Director and his designees to negotiate the terms and conditions of an Owner ParticipationAgreementwiththeParticipant (or its successors and assigns), which will specify the rights, obligations
and method of participation of the parties with respect to the sale of the Agency Property
and development of the Site in accordance with an Owner Participation Agreement and
the Redevelopment Plan;
and
WHEREAS, by authorizing its Assistant Executive Director and his designees to
negotiate the terms and conditions of an Owner Participation Agreement with the Participant,
the Agency Board hereby finds and determines that: (a) if the negotiations culminate in an
Owner Participation Agreement which involves the disposition of the Agency Property to the
Participant, such an agreement shall become effective only after and if the Owner
Participation Agreement has been considered and approved by the Agency Board and City
Council after public hearing and in accordance with the CRL, and (b) the Agency Board is
not committing itself to or agreeing to undertake: (i) disposition of land to the Participant; or
ii) any other acts or activities requiring the subsequent independent exercise of discretion by
the Agency Board, the City or any agency or department thereof; and
WHEREAS, the Agency Board, along with the City Council, has duly considered all of
the terms and conditions of the Purchase Agreement, as set forth in the agenda report presented
to it and any testimony received at the meeting at which this matter was considered, and
believes that the acquisition of the Property is in the best interests of the City and the health,
safety, morals and welfare of its residents, and in accord with the public purposes and provisions
of applicable State and local law requirements, and that such activities promote the objectives of
the Redevelopment Law as well as the Redevelopment Plan for the Redevelopment Project
Area.
NOW, THEREFORE, the Board of Directors of the Orange Redevelopment Agency
resolves, on the basis of the facts set forth in the agenda report presented to it and any
testimony received at the meeting at which this matter was considered, as follows:
1. The foregoing recitals are true and correct.
2. As a "responsible agency" under the California Environmental Quality Act
CEQA), the acquisition of the Property by the Agency pursuant to the Purchase Agreement is
categorically exempt from the provisions of CEQA under Section 15312 of the State CEQA
Guidelines.
3. The Agency Board hereby approves the acquisition by the Agency from the
City for redevelopment purposes of the fee simple estate in and to the Property, subject to
easements, covenants, rights and rights-of-way of record, for the sum of $1,175,000.
00 in cash in accordance with the terms and provisions of the Purchase
Agreement. Accordingly,the Agency Board hereby finds and determines that the terms and provisions of
the Purchase Agreement between the Agency and the City with respect to the acquisition of
the Property,in the form as submitted by the Executive Director,
are approved.4. The Chairman is hereby authorized and directed to execute, and
the Agency Clerk to attest, on behalf of the Agency the Purchase Agreement, together with any
and all documents necessary and appropriate to carry out and implement the
Purchase Agreement and to administer the Agency's obligations, responsibilities and duties to
be performed thereunder, including the acceptance in the name and on behalf of the Agency of a
grant deed conveying to this Agency the above-described interest
in
5. The Agency Board hereby authorizes and directs the Agency's Assistant
Executive Director and his designees to negotiate the terms and conditions of an Owner
Participation Agreement with the Participant or its successors and assigns, which will specify
the rights, obligations and method of participation of the parties with respect to the potential sale
of the Agency Property and development of the Site in accordance with an Owner Participation
Agreement and the Redevelopment Plan.
6. The Agency Board hereby authorizes and directs the Agency's Executive
Director to join with the Participant in the execution on behalf of the Agency of an application
to the City for such entitlements as he deems necessary and appropriate to enable the Participant
or its successor and assigns to apply for and obtain entitlements from the City for the
development of the Site with the Proposed Project.
ADOPTED this 9th day of December, 2008
ATTEST:
I MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the Orange
Redevelopment Agency at a regular meeting thereof held on the 9th day of December, 2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
DIRECTORS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
DIRECTORS: None
DIRECTORS: None
DIRECTORS: None
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