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RES-8694 Approving Lease of Santa Fe Depot ProerpRESOLUTION NO. ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING THE LEASE ~F THE SANTA FE DEPOT PROPERTY IN THE SOUTHWEST REDEVELOPMENT PROJECT AREA TO J R GUERIN BREWING CO., LLC; APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT RELATING THERETO; AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO 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, owned by the Agency and located in the Project area, to J R Guerin Brewing Co., LLC, a California limited liability company (the "Developer"), pursuant to the terms and provisions of a certain Disposition and Development Agreement (the DDA") and a ground lease (the "Lease") in the form attached to the DDA, which DDA and Lease contain a description of said property and provide for the adaptive reuse of the depot as a Brewpub restaurant the "Development"); and WHEREAS, the Developer has submitted to the Agency and this city Council copies of said proposed DDA in a form desired by the Developer; and WHEREAS, on February 8, 1994, this City Council certified as adequate and complete Negative Declaration No. 1435-93 ( the Negative Declaration"), which addressed the environmental impacts relating to the implementation of the Santa Fe Depot Area Specific Plan; and WHEREAS, the lease of the property and the rehabilitation of the Development thereon pursuant to the provisions of the proposed Disposition and Development Agreement and the Lease between the Agency and the Developer is a redevelopment implementation activity whose environmental impacts are assessed in the Negative Declaration; and WHEREAS, this city Council has considered the environmental effects of the proposed Development as shown in the Negative Declaration; and WHEREAS, pursuant to the California Community Redevelopment Law (California Health and safety Code, Sections 33000, et sea.)the Agency and this City Council held a joint public hearing on the proposed Lease of such real property pursuant to the DDA; having duly published notice of such public hearing and made copies of the proposed DDA 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 DDA and Lease and believes that the disposition and development of the historic Santa Fe Depot pursuant to the proposed Disposition and Development Agreement 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 as follows: 1. The City Council recognizes that it has received and heard all oral and written objections to the proposed Disposition and Development Agreement, to the proposed Lease of the Santa Fe Depot pursuant to the DDA, and to other matters pertaining to this transaction, and that all such oral and written objections are hereby overruled. 2. The contained in considered by City council hereby certifies that the information the Negative Declaration has been reviewed and the City council members. 3. The City council hereby finds and determines that: a. No substantial changes are proposed in the Santa Fe Depot Area Specific Plan Area of the Southwest Redevelopment Project, or with respect to the circumstances under which the Project is to be undertaken, as a result of the Lease and Development of the Santa Fe Depot pursuant to the Disposition and Development Agreement, which will require important revisions in the Negative Declaration, due to the involvement of new significant environmental impacts not covered in the Negative Declaration; and b. No new information of substantial importance to the Project or the Development has become available which was not known or could not have been known at the time the Negative Declaration was certified as complete, and which shows that the Development will have any significant effects not discussed previously in the Negative Declaration, or that any significant effects previously examined will be substantially more severe than shown in the Negative Declaration, or that any mitigation measures or alternatives previously found not to be feasible or not previously considered would substantially reduce or lessen any significant effects of the Development on the environment; and c. No negative declaration, or subsequent environmental impact report, or supplement or addendum to the Negative Declaration is necessary or required; and 2- d. The lease and development of the real property pursuant to the Disposition and Development Agreement will have no significant effect on the environment, except as identified and considered in- .the Negative- Declaration.4. The city council hereby finds and determines that the consideration to be paid by the Developer for the lease of the Santa Fe Depot property as described in the DDA and the Lease is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the DDA and the Lease. The City Council hereby further finds and determines that all consideration to be paid under the DDA is in amounts necessary to effectuate the purposes of the Redevelopment Plan for the Southwest Redevelopment Project.5. 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.6. The Lease of the real property and the Disposition and Development Agreement establishing the terms and conditions for the Lease and Development of the real property, are hereby approved.7. This Resolution shall take effect upon adoption.ADOPTED this 8th day of October 1996. ATTEST:f(bv~City Clerk I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at their regular- meeting thepeof held on the 8th day of October , 1996, by the following vote: AYES:COUNCIL MEMBERS:MURPHY, BARRERA, COONTZ, SPURGEON, SLATER NOES:COUNCIL MEMBERS:NONE ABSENT:COUNCIL MEMBERS:NONE ABSTAIN:COUNCIL MEMBERS:NONE J~//~~ff-~ Cl.ty Clerk U 4-