RES-ORA-0321 Approving Lease of Santa Fe Depot PropertyRESOLUTION NO. ORA-
0321 A RESOLUTION OF THE ORANGE REDEVELOPMENT AGENCY APPROVING
THE LEASE OF 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 AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE,
ON BEHALF OF THE AGENCY, THE DISPOSITION AND
DEVELOPMENT AGREEMENT AND RELATED DOCUMENTS AS NECESSARY; AND
MAKING CERTAIN FINDINGS WITH RESPECT
THERETO WHEREAS, the Orange Redevelopment Agency (the "Agency")
is engaged in acti vi ties necessary to carry out and implement
the RedevelDpment Plan for the Southwest Redevelopment Project (
the Project"), and has adopted an Implementation Plan for theProjectinaccordancewithCaliforniaHealthandSafetyCodeSection
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 theProjectarea, to J R Guerin Brewing Co., LI,C, 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 aBrewpubrestaurant, which includes both retail a.nd manufacturing uses (
the Development");
and WHEREAS, the Developer has submitted to this Agency and
the City Council of the City of Orange copies of said proposed DDA inaformdesiredbytheDeveloper;
and wm~REAS, pursuant to the proposed DDA, the cost
of rehabilitating the facilities and acquiring capital equipmentwillbepaidinpartfromaloantobemadebytheAgencytoDeveloperthe "A~rency Loan"), in part with Developer Equity and in part
from a Small Business Administration equipment: loan;
and wm~REAS, on February 8, 1994, the City Council of the City
of Orange certified as adequate and complete: Negative DeclarationNo.1435-93 (the "Negative Declaration"), whichaddressedtheenvironmentalimpactsrelatingtothE! implementation of
the Santa Fe Depot Area Specific
Plan; and WHEREAS, the lease of the property and therehabilitationoftheDevE~lopment thereon pursuant to the provisions oftheproposedDispositionandDevelopmentAgreementandtheLease
between
Agency a.nd the Developer is a redevelopment implementation activity
whose environmental impacts are assessed in the Negative
Declaration; and
WHEREAS, the Agency 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 seq.)
this Agc~ncy and the 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 Agency 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 Orange Redevelopment
Agency as follows:
1. The Agency recognizes that it has received and heard all
oral and written objections to the proposed Disposition and
Development Agreement, to the proposed Le~ase of the Santa Fe Depot
pursuant to the DDA, and to other ma.tters pertaining to this
transaction, and that all such oral and written objections are
hereby overruled.
2. The Agency hereby certifie:s
contained in the Negative Declaration
considered by the Agency members.
that the information
has been reviewed and
3. The Agency hereby finds and determines that:
a. No substantial changes are proposed in the Santa Fe
Depot }~ea 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 rE~quire 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
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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
Negati ve 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
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 Agency 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 Agency 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 Agency hereby finds and determines that the Lease of
the property will assist in the E!limination of blight in the
Southwest Redevelopment Project Area, and is consistent with the
Implementation Plan.
6. The Agency hereby finds that the Agency
necessary for the economic feasibility of the Development
the assistance cannot be obtained on economically feasible
the private market.
Loan is
and that
terms in
7. The Lease of the real property and the Disposition and
Development Agreement establishing the terms and conditions for the
Lease, the Development of the real property and the Agency Loan,
are hereby approved.
8. The Executive Director of thE~ Agency (or his designee)
is hereby authorized to execute the DDl~ on behalf of the Agency,
provided that the City Council has first approved such DDA and the
lease of the real property pursuant to the DDA. A copy of the DDA,
when executed by the Agency, shall bE~ placed on file in the office
of the Secretary of the Agency.
9. The Executive Director of the Agency (or his designee),
is hereby authorized, on behalf of the .A.gency, to sign the Lease
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and all other documents necessary and appropriate to carry out and
implement the DDA and to administer the Agency's obligations,
responsibilities and duties to be performed under the DDA.
10. This Resolution shall take effect upon adoption.
ADOPTED this 8th day of October 1996.
ATTEST:
Clerk, Orang
I hereby certify that the foregoing Resolution was duly and
regularly adopted by the Orange Redevelopment Agency at their
regular meeting thereof held on the 8th day of October , 1996,
by the following vote: ---
AYES:
DIRECTORS: MURPHY, BARRERA, COONTZ, SPURGEON, SLATER NOES:
DIRECTORS: NONE ABSENT:
DIRECTORS: NONE ABSTAIN:
DIRECTORS: NONE 4--