RES-ORA-0368 Santa Fe Depot Property Lease ApprovalRESOLUTION NO. ORA-
0368 A RESOLUTION OF THE
ORANGE REDEVELOPMENT AGENCY APPROVING
THE LEASE OF THE SANTA FE DEPOT PROPERTY
IN THE SOUTHWEST REDEVELOPMENT
PROJECT AREA TO ORANGE CASK, INC.; AUTHORIZING
THE EXECUTIVE DIRECTOR TO EXECUTE, ON
BEHALF OF THE ORANGE REDEVELOPMENT AGENCY,
THE LEASE AGREEMENT, AND RELATED
DOCUMENTS AS NECESSARY, AND TO ACCEPT A
PROMISSORY NOTE FROM ORANGE CASK, INC.; AND
MAKING CERTAIN FINDINGS WITH RESPECT
THERETO WHEREAS, the Orange Redevelopment Agency (the "Agency") is engaged in
activities necessary to carry out and implement the Redevelopment Plan for the Southwest
Redevelopment Project (the "Project"), and has adopted an Implementation Plan for the Project in
accordance with California Health and Safety Code Section 33490 (the "Implementation Plan");
and WHEREAS, in order to carry out and implement such Redevelopment Plan, the
Agency proposes to lease the historic Santa Fe Depot property (the "Property"), owned by the
Agency and located in the Project area, to Orange
Cask,
Inc.., a California corporation (the "
Tenant"),pursmmt to the terms and provisions of a certain Lease Agreement (the "Lease") in the
form presented at this meeting, which Lease contains a description of the Property and provides for
the use ofthe Property as a restaurant (the "Restaurant");
and WHEREAS, the Tenant has submitted to this Agency and the City Council of the City
of Orange a copy of said proposed Lease, together with a Promissory Note from Tenant to
the Agency (the "Promissory Note") in the original principal amount of $234,000, in a form
desired by the Tenant;
and WHEREAS, the Agency finds that the previous use of the Property was for a
restaurant and the proposed use subsequent to the execution of the Lease will be for a restaurant and
that therefore, pursuant to Section 15061(b)(3) of the State of California Environmental Quality
Act CEQA") Guidelines, the execution of the Lease and the operation of a restaurant by Tenant
will not cause a significant effect on the environment because environmental circumstances
and conditions of the Property will not be changed;
and WHEREAS, pursuant to the California Community Redevelopment Law (
California Health and Safety Code, Sections 33000 et seq.) this Agency and the City Council held a
joint public hearing on the proposed Lease of the Prope:rty; having duly published notice of
such public hearing and made copies of the proposed Lease, the Promissory Note, and other
reports and documents available for public inspection and comment;
VHEREAS, the Agency has duly considered all terms and conditions of the proposed
Lease and Promissory Note and believes that the lease of the Property pursuant to the proposed
Lease and the acceptance of the Promissory Note are 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 and requirements.
NOW, THEREFORE, BE IT RESOLVE]) by the Orange Redevelopment Agency as
follows:
1. The Agency finds and determines that approval and execution of the Lease is
exempt from CEQA pursuant to Section 15061(b)(3) ofthe State CEQA Guidelines.
2. The Agency recognizes that it has received and heard all oral and written
objections to the proposed Lease of the Property to the Tenant and the acceptance of the
Promissory Note from the Tenant, and to other matters pertaining to this transaction, and that all
such oral and written objections are hereby overruled.
3. The Agency hereby finds and determines that the consideration to be paid by the
Tenant for the lease of the Property as described in the Lease, including the obligation payable
by Tenant to the Agency pursuant to the terms of the Promissory Note, is not less than the fair
reuse value at the use and with the covenants and conditions authorized by the Lease.
4. The Agency hereby finds and determines that the Lease of the property will assist
in the elimination of blight in the Southwest Redev(llopment Project Area, and is consistent with
the Implementation Plan.
5. The lease of the Property, the Lease, the Promissory Note, and all related
documents are hereby approved.
6. The Executive Director of the Agency (or his designee) is hereby authorized to
execute the Lease on behalf of the Agency, provided that the City Council has first approved the
lease of the Property pursuant to the Lease, and to accept the Promissory Note from the Tenant,
and such other documentation as the Executive Director deems necessary and appropriate to
consummate the transaction contemplated by the adoption of this Resolution. A copy of the
Lease, when executed by the Agency, and the Promissory Note shall be placed on file in the
office of the Clerk of the Agency.
7. The Executive Director of the Agency (or his designee), is hereby authorized, on
behalf of the Agency, to sign the Lease and all other documents necessary and appropriate to
carry out and implement the Lease and the Promissory Note, and to administer the Agency's
obligations, responsibilities and duties to be perfomled tmder the Lease and the Promissory Note.
Reso No. ORA-0368 2
8. This Resolution shall take effect upon adoption.
ADOPTED this 25th day of April, 2000.
I
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It/ 'f..' ;"/. /''-;''71-// -L.-t.,..
J' ",/., ,I' ....{>-" " './ ,,- ,/ / :.__/ ..- ~Jo~
me Coontz I r
v'Chairman, Orange
Redevelopment
Agency
ATTEST:AAAf?-U~/(flA'.Ld
Cassandra
J. Cath , RedevelopmentAgency
Clerk I hereby certify that the
foregoing Resolution was duly and regularly adopted by the Orange Redevelopment Agency at their
regular meeting thereof held on the 25th day of April,2000, by the following vote:
AYES:NOES:ABSENT:ABSTAIN:DIRECTORS:
MURPHY,
SLATER,
COONTZ,
SPURGEON,
ALVAREZ DIRECTORS: NONE DIRECTORS: NONE DIRECTORS:
NONE C,
l-lU~&-" ,
G~:/r=-
dCassandra J Cathc~, Redevelopment Agency
Clerk Reso No. ORA-0368 3
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