RES-9250 Approving Lease of Santa Fe Depot Property to Orange Cask, IncRESOLUTION NO. 9250
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING THE LEASE OF
THE SANTA FE DEPOT PROPERTY IN THE
SOUTHWEST REDEVELOPMENT PROJECT AREA
TO ORANGE CASK, INC. AND MAKING CERTAIN
FINDINGS WITH RESPECT THE:RETO
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"), pursuant to the terms and provisions of a certain Lease Agreement (the "Lease")
and in conjunction with a loan payable by Tenant to the Agency in the original principal
amount of $234,000 evidenced by a Promissory Note ("Promissory Note"), in the form
present(~d at this meeting. The Lease contains a description of said property and provides for
the use of the Property as a restaurant (the "Restaurant"); and
WHEREAS, the Tenant has submitted to this City Council and the Agency a copy of
said proposed Lease and the Promissory Note in a form acceptable to and desired by the
Tenant; and
WHEREAS, the City Council 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 .md Safety Code, Section 33000, et seq.) this City Council and the Agency held a joint
public hearing on the proposed Lease of the Property; 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; and
WHEREAS, the City Council has duly considered all terms and conditions of the
proposed Lease and the 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 RESOLVED by the City Council of the City of
Orange as follows:
1. The City Council recognizes that it has received and heard all oral and written
objections to the proposed Lease of the Property pursuant to the Lease, and to other matters
pertaining to this transaction, and that all such oral and written objections are hereby
overruled.
2. The City Council finds and determines that approval and execution of the
Lease is exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
3. The City Council hereby finds and determines that the consideration to be
paid by the Tenant for the lease of the Property as described in the Lease, in conjunction with
the Promissory Note, is not less than the fair reuse value at the use and with the covenants
and conditions authorized by the Lease and contained in the Promissory Note.
4. The City Council hereby finds and determines that the 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 lease of the Property, the Lease, the Promissory Note, and all related
documents are hereby approved.
6. This Resolution shall take effect upon adoption.
Reso No. 9250 2 TJR
ADOPTED this 25th day of April, 2000.
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eE~(~~~:'~~yo: o~ t~e:'~~ty of Orange I
ATTEST:
1Ei0~
CassandraJ. Catli ,City Clerk of the CIty of Orange 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 25th day of April,2000,
by the following vote:AYES:
NOES:
ABSENT:
ABST-
AJN:
COUNCIL MEMBERS: MURPHY, SLA'I~ER, COONTZ, SPURGEON, ALVAREZ
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
C1A'--'A~~f'~Cassandra
1. Cathc~, City Clerk of the City of Orange Reso
No. 9250 3 TJR