RES-9405 Sale of Real Property for Redevelopment within Southwest Redevelopment ProjectRESOLUTION NO. 9405
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AUTHORIZING THE SALE OF
PROPERTY BY THE ORANGE REDEVELOPMENT
AGENCY TO VRSJ LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, IN ACCORDANCE WITH
THE TERMS OF AN OWNER PARTICIPATION
AGREEMENT BY AND BETWEEN THE ORANGE
REDEVELOPMENT AGENCY AND VRSJ LLC FOR
REDEVELOPMENT OF A SITE WITHIN THE
SOUTHWEST REDEVELOPMENT PROJECT.
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
Califomia; and
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: "CRL"); and
WHEREAS, on November 20, 1984, the City Council of the City of Orange adopted
Ordinance No. 37-84 approving the Redevelopment Plan for the Southwest
Redevelopment Project, which Redevelopment Plan was amended (i) on July 15, 1986 by Ordinance No.
20-86,ii) on July 5, 1988 by Ordinance No. 24-88, (iii) on November 22, 1994 by
Ordinance No. 22-94, and (iv) on July 9, 1996 by Ordinance No. 17-96 (collectively referred
to herein as the Redevelopment Plan"), thereby authorizing the Agency to
administer the Redevelopment Plan for the Southwest Redevelopment Project (
the "Redevelopment Project"); and WHEREAS, the Agency is engaged in activities necessary to
carry out and implement the Redevelopment Plan for
the Redevelopment Project; and WHEREAS, as authorized by Section 33430 of the CRL,
the Agency proposes to convey to VRSJ LLC, a California limited liability
company (the "Participant"), certain Agency-owned real property in the Redevelopment
Project consisting of approximately .58 acre ofland commonly known as 1429 W. Palmyra
Avenue (the "Agency Property"), subject to the terms and conditions set forth in a proposed
Owner Participation Agreement (the "OPA")for the purpose of implementing Section 33339 ofthe CRL and
the Redevelopment Plan
for the Redevelopment Project; and WHEREAS, the Participant owns certain parcels
of real property in the Redevelopment Project located adjacent to the Agency
Parcel andconsisting of (a)approximately 2.40 acres ofland commonly known as 230
approximately .28 acre ofland commonly known as 274 South Main Street (collectively, the
Participant Parcels"); and
WHEREAS, the Participant desires to acquire the Agency Parcel and to develop it,
along with the Participant Parcels, with two 40,000 square foot medical office buildings,
consisting, in the aggregate, of approximately 74,813 square feet of gross leaseable area, a
four-level parking structure containing approximately 318 parking stalls, and surface
parking accommodating approximately 86 parking stalls (the "Project");
and WHEREAS, theOP A by and between the Participant and the Agency has
been prepared and submitted, providing for the conveyance of the Agency Property from the
Agency to the Participant for the purchase price and upon the terms stated therein and calling for
the proposed redevelopment of the Agency Parcel and Participant Parcels with the Project;
and WHEREAS, in accordance with the CRL and the California Environmental
Quality Act (California Public Resources Code Section 21000 et seq.: "CEQA"), the Agency
has heretofore certified Final Environmental Impact Reports for the Redevelopment Plan for
the Redevelopment Plan and the First, Second and Third Amendments thereto (herein referred
to as the "Final EIRs"), which Final EIRs examined the impacts associated with the
anticipated development ofthe 3.26 acre Site with office buildings;
and WHEREAS, as the lead agency under CEQA and pursuant to the authority granted
to it by the Orange Municipal Code, the Planning Commission heretofore considered
the proposed Project and Mitigated Negative Declaration 1650-00, including an
Initial Study prepared for the Project and comments received during the public review process,
and found no substantial evidence that the Project would have a significant impact on
the environment.Accordingly, the Planning Commission adopted Mitigated Negative Declaration
1650-00 and approved a Major Site Plan Review for the Project by the adoption of Resolution
No. PC
65-00; and WHEREAS, after publication of notice as required by law, a joint
public hearing has been duly held by this City Council and the Agency in accordance with Section
33433 of the CRL on the proposed sale of the Agency Property in accordance with the
terms and provisions of
the OPA; and WHEREAS, this City Council has duly considered all of the terms
and conditions of the proposed sale of the Agency Property to the Participant, as set forthin the
OP A, and believes that the sale of the Property by the Agency pursuant to the OP A 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 and requirements.Reso No.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
as follows:
I. The City Council finds and determines that the foregoing recitals are true and
correct.
2. The City Council hereby finds and determines that the sale of the Agency
Property to the Participant in accordance with the terms and provisions of the OP A will assist in
the elimination of blight for the reasons outlined in the agenda report presented to this City
Council and in the summary report required by Section 33433 of the CRL.
3. The City Council hereby finds and determines that the consideration to be
received by the Agency from the Participant for the sale of the Agency Property in accordance
with the terms and provisions of the OP A is not less than the fair reuse value at the use and with
the covenants and conditions and development costs authorized by the sale under the terms and
conditions of the OPA.
4. This City Council hereby finds and determines that the terms and provisions
of the OPA between the Agency and the Participant, with respect to the development of the
Project, in the form submitted and executed by the Participant, are approved and that the
Agency is hereby authorized to sell the Agency Property to the Participant in accordance with
the terms and conditions of the OPA.
ADOPTED this 13th day of February, 2001.
ATTEST:
Reso
No. 9405 3 TJR
I hereby certify that the foregoing Resolution was duly and regularly adopted by the
City Council of the City of Orange at a regular meeting thereof held on the 13th day of
February, 2001, by the following vote:
AYES: COUNCILMEMBERS: SLATER, ALVAREZ, MAYOR MURPHY, COONTZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
Cassandra J. Cathc , City Clerk City of Orange
Reso No. 9405 4 TJR