RES-ORA-0423 Cooperation Agreement Acquisition of Certain Real Property - Water St.RESOLUTION NO. ORA-
0423 A RESOLUTION OF THE ORANGE
REDEVELOPMENT AGENCY APPROVING AN AMENDED
COOPERATION AGREEMENT WITH THE CITY OF ORANGE
RELATING TO THE SALE OF CERTAIN REAL PROPERTY
LOCATED AT 164-180 S. WATER STREET TO
THE ORANGE REDEVELOPMENT AGENCY;
APPROVING THE ACQUISITION FOR REDEVELOPMENT
PURPOSES OF SAID REAL PROPERTY FROM THE CITY
OF ORANGE;AND MAKING CERTAIN FINDINGS
IN
CONNECTION THEREWITH.WHEREAS, the Orange Redevelopment Agency, a public body, corporate
and politic the Agency), has been duly created, established and authorized to transact
business and exercise its powers under and pursuant to the Community Redevelopment
Law (commencing with Section 33000 of the Health and Safety Code of the State of California and
herein referred to as the Redevelopment Law) and, pursuant to the Redevelopment Law, is
responsible for redevelopment of the redevelopment project areas within the City of
Orange; and WHEREAS, the City of Orange (the City) is a municipal corporation
which exercises governmental functions and powers and is organized and existing under the laws of the
State of
California; and WHEREAS, the City Council has heretofore approved the terms and provisions
of an Agreement of Purchase and Sale and Joint Escrow Instructions (the Agreement)
with the Orange County Fire Authority, a joint powers authority (OCF A), as the seller, and
the City,as the purchaser, of that certain real property located at 105, 125, 145, and
164-180 South Water Street in the City of Orange, County of Orange, State of California,
together with all fixtures, buildings, parking areas, landscaping and other
improvements located thereon collectively referred to as
the Property); and WHEREAS, on January 14, 2003, the City Council and the Board of
Directors of the Orange Redevelopment Agency "Agency Board) approved the terms and
provisions of a Cooperation Agreement between the City and the Orange
Redevelopment Agency (Agency),which acknowledged that the City was then negotiating with the OCFA for
the acquisition of the Property and that, upon acquisition thereof and the performance of certain
conditions by the City, the City would thereafter convey to the Agency a portion of the Property (i.
e., that portion commonly known as 164-180 South Water Street and referred to
in the Cooperation Agreement as
the Acquisition Parcel); and WHEREAS, the Cooperation Agreement provided that
the Acquisition Parcel would be used by the Agency for the purpose of increasing,
improving and preserving the community's supply of low- and moderate-income
housing available at affordable housing costs to persons and families
WHEREAS, since the time of execution of the Cooperation Agreement, the City and
the Agency have re-evaluated the use of the Acquisition Parcel for affordable housing
and belil:ve that further studies, reviews and proceedings involving the exercise of discretion
by the City Council, the Agency Board, or their respective staffs and other departments of
the '"'City may result in the use of the Acquisition Parcel for some other redevelopment
purpose;
and WHEREAS, the Agency, nevertheless, desires to acquire the Acquisition Parcel
from the City under the terms of the Amended Cooperation Agreement, in the form presented
at this meeting, and to conduct such further studies, reviews and proceedings it deems
necessary and appropriate to determine how the Acquisition Parcel should be developed and for
what redevelopment purposes;
and WHEREAS, after its acquisition, the Agency will consider options for the use of
the Acquisition Parcel, including the provision of residential housing. The Agency has not
yet commenced project conceptualization, design, and plarming for the Acquisition Parcel;
and WHEREAS, Section 15004 of the State California Environmental Quality
Act CEQA) Guidelines provides that compliance with CEQA, should be completed prior
to acquisition of a site for a public project. However, Section 15004 authorizes acquisition
of real property provided the acquiring agency conditions its future use on CEQA
compliance;
and WHEREAS, the Agency Board desires to acquire the Acquisition Parcel from
the City in accordance with the terms and provisions of the Amended Cooperation
Agreement and conditioned upon the Acquisition Parcel's future use being reviewed in compliance
with CEQA;
and WHEREAS, pursuant to Section 33220 the Redevelopment Law, the City may,
for the purpose of aiding and co-operating in the plarming, undertaking, construction
or operation of redevelopment projects located within the area in which it is authorized to
act, dedicate,sell, conveyor lease any of its property to a redevelopment
agency; and WHEREAS, Section 33396 of the Redevelopment Law authorizes the Agency,
at the request of the City, to accept a conveyance of City-owned surplus
real property (located either within or outside a redevelopment project area) for the disposition by
the Agency to private persons or to public or private entities by sale or long-term lease
for development; and WHEREAS, the City proposes to sell the Acquisition Parcel to the
Agency, and the Agency desires to purchase the Acquisition Parcel from the City, pursuant to
the terms and provisions of the Amended Cooperation Agreement, which
Amended Cooperation Agreement contains a description of the Acquisition Parcel and a Sale Agreement
governing the procedures for conveyance of the Acquisition Parcel to
the
WHEREAS, the Acquisition Parcel is located outside the boundaries of the Orange
Merged and Amended Redevelopment Project Area; and
WHEREAS, the Agency Board, along with the City Council, has duly considered all of
the terms and conditions of the Amended Cooperation 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 Acquisition Parcel from the City 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 the
Amended Cooperation Agreement promotes the objectives of the California Community Redevelopment
Law as well as the Amended and Restated Redevelopment Plan for the Orange Merged
and Amended Redevelopment Project Area.NOW,
THEREFORE, 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.
The purchase and sale of the Acquisition Parcel in accordance with the terms and
provisions of the Amended Cooperation Agreement is not subject to CEQA; provided,however,
that the Agency will comply with CEQA once the future use of the Acquisition Parcel
has been conceptualized, designed and plarmed.3.
The public interest, convenience and necessity require, and the Agency Board hereby
orders, the acquisition by the Agency for redevelopment purposes of the fee simple estate
in and to the Acquisition Parcel for the sum of One Million Eight Hundred Fifteen Thousand
Eight Hundred Eighteen Dollars ($1,815,818.00), in cash, through escrow in accordance
with the terms and provisions of the Amended Cooperation Agreement.4.
The Agency Board hereby finds and determines that the terms and provisions of
the Amended Cooperation Agreement between the City and the Agency with respect to the acquisition
of the Acquisition Parcel, in substantially the form as submitted by the City Manager,
are approved and that the Chairman is authorized to execute, and the Agency Clerk to
attest, the Amended Cooperation Agreement on behalf of the Agency.5.
The Executive Director of the Agency is hereby authorized and directed to execute
on behalf of the Agency the Sale Agreement attached to the Amended Cooperation Agreement
and all documents necessary and appropriate to carry out and implement the Amended
Cooperation Agreement and to administer the Agency's obligations,responsibilities
and duties to be performed thereunder, including the acceptance in the name and
on behalf of the Agency of a deed conveying to the Agency the Acquisition Parcel.6.
The Agency Board hereby finds and determines that the Agency's use of funds in
the amount of One Million Eight Hundred Fifteen Thousand Eight Hundred Eighteen Dollars ($
1,815,818.00) for acquisition of the Acquisition Parcel and the acquisition of the Acquisition
Parcel, itself, for redevelopment purposes will be of benefit to the Merged 3
Redl:velopment Project Area and is in the vital and best interests of the City and the health,
safety and welfare of its residents, and in accord with the public purposes and provisions of
appliicable federal, state and local laws and requirements.
7. In the event that the Agency subsequently disposes of the Acquisition Parcel
to a private person or a public or private entity for redevelopment purposes, the distribution
of the proceeds of such sale will be as determined by the City Council at the time of such
subsequent disposition.
8. The officers and employees of the Agency are authorized and directed, jointly
and severally, to do any and all things necessary or advisable in order to effectuate the
purposes of this resolution and to administer the Agency's obligations, responsibilities and
dutil:s to be performed hereunder, and all actions previously taken by such officers and
employees in connection with the Amended Cooperation Agreement are ratified and
approved.
ADOPTED this 29th day of April, 2003.
t!1~i.1:;;JL
ATTEST:
Cas~;andra J. cart, Agency Clerk
I, CASSANDRA J. CATHCART, Clerk of the Orange Redevelopment Agency,
Orange, California, do hereby certify that the foregoing Resolution was duly and regularly
adopted by the Orange Redevelopment Agency at an adjourned regular meeting thereof held
on the 29th day of April, 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
DIRECTORS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
DIRECTORS: None
DIRECTORS: None
DIRECTORS: None
d~~~
r2e,-~~A7Cassandra J.
Ca art, Agency Clerk 4