RES-9305 Approving Property Lease to Far Horizons Montessori School, IncRESOLUTION NO. 9305
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING THE LEASE OF
PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF PALM AVENUE AND PALM DRIVE
BY THE ORANGE REDEVELOPMENT AGENCY
TO FAR HORIZONS MONTESSORI SCHOOL, INC.
AND MAKING CERTAIN FINDINGS WITH
RESPECT THERETO
WHEREAS, the Orange Redevelopment Agency (the "Agency") has been duly
created, established and authorized to transact business and exercise its powers under and
pursuant to the Community Redevelopment Law (part 1 of Division 24 of the Health and
Safety Code of the State of California) (the "CRL"); and
WHEREAS, pursuant to the authority conferred by Sections 33430 and 33431 of the
CRL, the Agency proposes to lease vacant property owned by the Agency and located at the
southeast corner of Palm Avenue and Palm Drive (the "Property"), to Far Horizons
Montessori School, Inc., a California corporation (the "Tenant"), pursuant to the terms and
provisions of a certain Lease Agreement (the "Lease"), in the form presented at this meeting.
The Lease contains a description of said property and provides for the use of the Property as a
play are:a for Tenant's adjoining operations; and
WHEREAS, as the lead agency under the California Environmental Quality Act
CEQA"), the Agency has found and determined that the use of the Property under the terms
of the Lease is within that class of projects which consists of a minor alteration in the condition
of the land and that therefore, pursuant to Section 15304 of the State CEQA Guidelines, the
execution of the Lease and the use of the Property by Tenant as playground for its adjacent
school facilities will not cause a significant effect on the environment and is, therefore,
categorically exempt from the provisions of CEQA; and
I""
WHEREAS, pursuant to Sections 33431 and 33433 of the CRL, 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, 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
propose:d Lease and believes that the lease of the Property pursuant to the proposed Lease 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange, on the basis of the facts set forth in the agenda report presented to it and any testimony
received at the joint public hearing at which this matter was considered, 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 15304 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, is not less than the fair
reuse value at the use and with the covenants and conditions authorized by the Lease.4.
The City Council hereby finds and determines that the lease of the property will
assist in the elimination of blight and is consistent with the Implementation Plan.5.
The lease of the Property, the Lease, and all related documents are hereby approved
and the Agency is hereby authorized to execute the Lease on behalf of the Agency and
such other documentation as the Executive Director of the Agency deems necessary and appropriate
to consummate the transaction contemplated by the adoption of this Resolution and
to administer the Agency's obligations, responsibilities and duties to be performed under the
Lease.ADOPTED
this 11th day of July, 2000.Reso
No,
9305 2 TJR
ATTEST:
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N~J&~~Cassandra J. Cath ,CIty Clerk of the CIty of Orange
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 11th day of July,
2000, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
AU;t
Cassandra 1. Cath , City Clerk of the City of Orange
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Reso No. 9305 3 TJR