RES-ORA-0379 Approving Extension of Lease of Real Property Paul's Auto RepairRESOLUTION NO. ORA-
0379 A RESOLUTION OF THE
ORANGE REDEVELOPMENT AGENCY APPROVING
THE EXTENSION OF A LEASE OF REAL PROPERTY
IN THE SOUTHWEST REDEVELOPMENT
PROJECT AREA TO PAUL DE LA TORRE, D.B.A. PAUL'
S AUTO REPAIR; AUTHORIZING THE
EXECUTIVE:DIRECTOR TO EXECUTE THE
LEASE AMENDMENT ON BEHALF OF THE
ORANGE REDEVELOPMENT AGENCY; 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, for purposes of redevelopment, the Agency acquired title on or
about December 22, 1999 to that certain real property and improvements commonly known as
190 South Olive in the City of Orange (the "Property"), which acquisition was subject to a lease (
the Lease") of the Property by Paul De La Torre, doing business as Paul's Auto Repair ("
Lessee").The term of the Lease will expire on October 31, 2000; however, the Agency is not presently in
a position to lease or sell the Property for development pursuant to the Redevelopment Plan
and,therefore, desires to enter into an extension of the Lease term with Lessee for two years
to October 31, 2002 pursuant to the terms and provisions of a certain Lease Amendment (
the Amendment") in the form presented at this meeting, which Amendment contains a
description ofthe Property and provides for the continued use of the Property as an auto repair shop;
and WHEREAS, the Lessee has submitted to this Agency and the City Council of the City
of Orange a copy of said proposed Amendment, together with a Promissory Note from Lessee to
the Agency (the "Promissory Note") in the original principal amount of $234,000, in a form
desired by the Lessee;
and WHEREAS, the Agency finds that the previous use of the Property was for an auto
repair shop and the proposed use, subsequent to the execution of the Amendment, will remain the
same and that therefore, pursuant to Section15061(b)(3) of the State of California Environmental
Quality Act ("CEQA") Guidelines, the execution of the Amendment and the operation of an auto
repair shop by Lessee will not cause a significant effect on the environment because
environmental circumstances and conditions of the Property will not be changed;
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 extension of the Property; having duly published notice of
such public hearing and made copies of the proposed Amendment and other reports and
documents available for public inspection and comment; and
WHEREAS, the Agency has duly considered all terms and conditions of the proposed
Amendment and believes that the lease of the Property pursuant to the proposed Amendment 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 RESOLVED by the Orange Redev,elopment Agency as
follows:
1. The Agency finds and determines that approval and execution of the Amendment is
exempt from CEQA pursuant to Section l5061(b)(3) of the State CEQA Guiddines.
2. The Agency recognizes that it has received and heard all oral and written
objections to the proposed lease of the Property to the Lessee and to other matters pertaining to
this transaction, and that all such oral and written objections are hereby ovenuled.
3. The Agency hereby finds and determines that the consideration to be paid by the
Lessee for the lease of the Property as described in the Amendment is not less than the fair
market value at its highest and best use in accordance with the Redevelopment Plan.
4. The Agency hereby finds and determines that the continued lease of the property
will assist in the elimination of blight in the Southwest Redevelopment Project Area, and is
consistent with the Implementation Plan.
5. The continued lease of the Property, the Amendment, and all related documents
are hereby approved.
6. The Executive Director of the Agency (or his designee) is hereby authorized to
execute the Amendment on behalf of the Agency, provided that the City Council has first
approved the lease of the Property pursuant to the Community Redevelopment Law, 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 Amendment,
when executed by the Agency shall be placed on file in the office of the Clerk of the Agency.
Reso No. ORA-0379 2
7. This Resolution shall take effect upon adoption.
ADOPTED this 12th day of December, 2000.
range Red(:velopment Agency
ATTEST:
lerk, Orange Redevelopment Agency
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 12th day of
December, 2000, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DIRECTORS: COONTZ, SLATER, DIRECTOR MURPHY, ALW.REZ
DIRECTORS: NONE
DIRECTORS: NONE
DIRECTORS: NONE
erk, Orange Redevelopment Agency
n:econdev:reso:0379 3 TJR