RES-8848 Approving a Business Relocation and Settlement Agreement Relating to Ford of OrangeRESOLUTION NO. 8848
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE APPROVING A BUSINESS RELOCATION
AND SETILEMENT AGREEMENT BETWEEN THE CITY
OF ORANGE AND DAVID W. WILSON RELATING TO
FORD OF ORANGE
WHEREAS, David W. Wilson ("Wilson") currently owns and operates David Wilson's
Ford of Orange at 230 South Main Street (the "Main-Palmyra
Site").WHEREAS, Wilson operates his business at the Main-Palmyra Site pursuant to
a lease,and it is reasonably likely that Wilson would extend his lease of the Main-Palmyra
Site in the absence of disruption to
his business operations.WHEREAS, the City plans to widen Main Street between Almond
and Palmyra Avenue,subject to the
availability of funding.WHEREAS, the widening of Main Street could result in disruption to
Wilson's business operations at the Main-Palmyra Site for an extended period oftime, could cut
into and require the demolition of all or part of the structure on the site and could leave
Wilson with a substandard-sized parcel from which to conduct business, requiring Wilson to
discontinue operations at the Main-Palmyra Site
and relocate to another location.WHEREAS, Wilson could suffer a significantly increased
occupancy cost at a new location when compared to his rental
obligations at the Main-Palmyra Site.WHEREAS, the widening of Main Street could result in a
legal obligation on the part of the City to compensate Wilson for his losses resulting from
the street widening (including but not limited to lost goodwill as required by California Code
of Civil Procedure ~ 1263.510 and relocation assistance as required by Government Code ~ 7260
et seq.), the existence, extent and amount of which would be subject to dispute (collectively
referred to as the "City Obligations").WHEREAS, in lieu of Wilson filing a claim for
compensation in connection with the City Obligations, and to further the interests of the City
as more particularly described in this Resolution, Wilson and the
City have negotiated an equitable settlement.WHEREAS, pursuant to and subject to the
terms and conditions of the proposed Business Relocation and Settlement
Agreement ("Agreement"), Wilson will relocate David Wilson's Ford of Orange from the Main-Palmyra Site
to a currently vacant site of approximately eight acres located at the intersection of Katella and Main,
and the City will agree to make payments to Wilson, in an amount calculated
in accordance with the Agreement and contingent upon the satisfaction of
WHEREAS, Wilson's relocation to the Katella Site will further various City objectives,
including: (1) implementation of the "Vision Statement for the Katella Avenue Corridor"; (2)
effectuation of the Redevelopment Plan adopted by the City Council for the City's Northwest
Redevelopment Project Area (the "Redevelopment Project Area"); and (3) economic development
objectives such as development of underutilized land, increased employment, increased sales taxes
and increased property taxes.
WHEREAS, copies of the proposed Agreement in substantially final form have been
presented to this City Council.
WHEREAS, this City Council has duly considered all of the terms and conditions of the
proposed Agreement and believes that the Agreement is in the public interest and will promote the
economic well-being of the
City.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
as
follows:1. The City Council finds that the foregoing Recitals are true and
correct,2. The City Council recognizes that it has received and heard all oral and
written objections to the proposed Agreement and that all such oral and written objections are
hereby
overruled.3. The Business Relocation and Settlement Agreement is hereby approved. The Mayor
is authorized to sign the Agreement on behalf of the City subject to such modifications as may
be recommended by the City
Attorney.ADOPTED this 25th day of November
1997.
C
MlIYor of the City of Orange
ATTEST:
i/lAAUt- ~MtA~
City Clerk of the 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 ?~th day of November
1997, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
City Clerk of the ty of Orange
848