RES-9118 Authorizing Sale of Ainsworth HouseRESOLUTION NO. 9118
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AUTHORIZING THE SALE OF
THE AINSWORTH HOUSE LOCATED AT 414 EAST
CHAPMAN AVENUE TO ORANGE HOUSING
DEVELOPMENT CORPORATION IN ACCORD-
ANCE WITH THE TERMS AND PROVISIONS OF
AN AGREEMENT OF PURCHASE AND SALE AND
JOINT ESCROW INSTRUCTIONS.
WHEREAS, the City of Orange (the "City") is a municipal corporation
which exercises governmental functions and powers, and is a chartered city
organized and existing under the laws of the State of California; and
WHEREAS, as authorized by Section 37350 of the Government Code of
the State of California, the City Council desires to find and determine that the sale
of that certain City-owned real property cornmonly known as the "
Ainsworth House" and located at 414 East Chapman Avenue in the City of Orange (
the Property") is for the common benefit of the City's citizens;
and WHEREAS, this City Council, as the "lead agency" under the
California Environmental Quality Act ("CEQA"), finds and determines that the sale of
the Property is categorically exempt from the provisions ofCEQA under Sections
15303 and 15312 of the State CEQA Guidelines;
and WHEREAS, as authorized by Section 37350 of the Government Code
of the State of California, the City Council desires to sell the Property to
Orange Housing Development Corporation, a California non-
profit corporation OHDC") in accordance with the terms and provisions of that
certain Agreement of Purchase and Sale and Joint Escrow Instructions ("Purchase
Agreement") in the form presented to this City
Council; and WHEREAS, the Purchase Agreement has been prepared
and submitted,providing for the conveyance of the Property from the City to OHDC
for the purchase price and upon the terms stated
therein; and WHEREAS, the terms and conditions of the Purchase
Agreement with OHDC call for OHDC and its successors and assigns to, among
a) restore and rehabilitate the Property in accordance with a schedule of
rehabilitation work and plans and specifications therefor approved by the
City to the satisfaction of the City Manager not later than the second
anniversary of the date of recordation of an Agreement Containing Covenants
Affecting Real Property ("Covenant Agreement") in the Official Records of
the County of Orange, or within such reasonable extensions thereof as may
be granted by the City in an amendment to the Covenant Agreement, and to
conform OHDC's work and the Property at all times during the thirty (30)
year term of the Covenant Agreement to (i) the rules and regulations of the
Office of Historic Preservation of the Department of Parks and Recreation of
the State of California, (ii) the Secretary of the Interior's Standards for the
Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring & Reconstructing Historic Buildings (1995), Kay
D. Weeks and Anne E. Grimmer, and (iii) the "Historic Preservation Design
Standards for Old Towne Orange, California", as the same may be amended
from time to .time; and
b) continuously preserve, restore, rehabilitate and maintain the Property and
its character defining features for a period of not less than thirty (30) years
from the date of recordation of the Covenant Agreement in the Official
Records of the County of Orange; and
c) establish and devote the Improvements at the Property as its principal
place of business for general office purposes and for no other purpose without
the express written approval of the City first had and obtained, which
approval shall not unreasonably be withheld; and
d) not permit or allow all or any part of the space in the Property to be
leased, subleased, used or otherwise occupied or used for present or potential
revenue producing purposes without the express written approval of the City
first had and obtained; provided, however, that nothing in the foregoing will
restrict or prevent (i) OHDC (or its successors and assigns) from using such
space as an incident to its normal office operations at the Property; (ii) the use
of such space in the Property or the grounds of the Property by community
organizations and the public without charge (except for cleaning and
maintenance following such use, repair of any damage caused by such users
and a reasonable charge to cover administration, overhead and utility
consumption)
for tours, meetings, events, promotions and other similar purposes;
and e)
to permit members of the general public and community organizations to tour
the Property on weekends and holidays and otherwise during such hours and
on such days as may be convenient to the use of the Property by OHDC ResoNo.
9118 2 TJR
and so long as such tours are guided and escorted by representatives of the
City or by the authorized representatives of organizations given permission
by the City to tour the Property, and do not unreasonably interfere with the
use of the Property by OHDC; and
t) maintain and keep the Improvements and the Property in good condition
and repair and free from any accumulation of debris, graffiti or waste
materials; maintain the landscaping in a healthy and attractive condition; and
take all other actions necessary to maintain and ensure the neat and clean
appearance of the Property and Improvements located thereon; and
g) any construction (including interior tenant improvements), remodeling,
rehabilitation, reconstruction or alteration work undertaken at or on the
Property shall at all times be subject to the prior written approval of the City
unless said work conforms to OHDC's work and all plans and specifications
approved by the City), and shall be of first class quality design and
construction.
WHEREAS, this City Council has duly considered all of the terms and
conditions of the proposed Purchase Agreement and believes that the sale and use
of the Property pursuant to the Purchase Agreement and the Covenant Agreement
and all other documents relating thereto is in the best interests, and for the
common benefit, 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 finds and determines that the foregoing recitals are
true and correct, including, specifically, that the sale of the Property is for the
common benefit of the City's citizens.
2. The City Council finds and determines that the sale of the Property is
categorically exempt from the provisions ofCEQA under Sections 15303 and 15312
of the State CEQA Guidelines and, accordingly, hereby authorizes and directs the
City Clerk to file a Notice of Exemption with the Orange County Clerk.
3. This City Council hereby finds and determines that the terms and
provisions of the Purchase Agreement between the City and OHDC, in the form
submitted and executed by OHDC, are approved.
Till 3 ResoNo.9118
4. The Mayor is hereby authorized and directed to execute, and the
City Clerk is hereby authorized to attest, the Purchase Agreement on behalf of the
City, together with all documents necessary and appropriate to carry out and
implement the Purchase Agreement and to administer the City's obligations,
responsibilities and duties to be performed thereunder.
ADOPTED this 25th day of May 1999.
ATTEST:
4hU01f/1-f-
lA'AAT City Clerk of 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 onthe 2'ith day of Mav , 1999, by the
following vote:AYES: COUNCIL MEMBERS: MURPHY, SLATER,
COONTZ,
SPURGEON,ALVAREZ NOES: COUNCIL
MEMBERS: NONE ABSENT: COUNCIL
MEMBERS: NONE ABSTAIN: COUNCIL
MEMBERS: NONE Gw_4M--';~
A/h7 City Clerk of City
of Orange ResoNo.9118