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RES-ORA-0289 Approving Participation Agreement by and between Redevelopment Agency and Santa Fe Pacific Pipeline Partners, L.P.RESOLUTION NO. ORA- 0289 A RESOLUTION OF THE ORANGE REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE EXECUTION OF A PARTICIPATION AGREEMENT BY AND BETWEEN THE ORANGE REDEVELOPMENT AGENCY AND SANTA FE PACIFIC PIPELINE PARTNERS, L. P.WHEREAS, the Orange Redevelopment Agency (the "Agency") is a duly constituted redevelopment agency and is undertaking certain activities necessary for redevelopment under the provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) and pursuant to the Redevelopment Plan (the "Plan") for the Southwest Redevelopment Project Area (the "Project"); and WHEREAS, pursuant to the California Community Redevelopment Law, the Agency may establish a program under which it loans funds to owners or tenants for the purpose of rehabilitating commercial buildings or structures within a project area; and WHEREAS, the Agency and Santa Fe Pacific Pipeline Partners, L.P., California partnership (the"Participant"), propose to enter into a Participation Agreement ( the Agreement") under which the Agency would provide assistance to the Participant for improvements to the business space occupied by the Participant (the "Demised Premises") for use for corporate headquarters (the "Conforming Business Activities"). The Demised Premises are located on a site within the Project (the "Site"); and WHEREAS, the participant represents and warrants to the Agency that it has entered into a lease or that, subject to the Agency and the Participant first entering into this Agreement, the Participant and Equity Office PropeJties, Inc. (the "Owner") are prepared to enter into a lease for a term of not less than fifteen (15) years (the "Lease") providing for occupancy by the Participant of the Demised Premises and operation of its Conforming Business Activities as set forth in the Agreement; and WHEREAS, the Owner has agreed and consented to the recordation of covenants pertaining to the Demised Premises and has further agreed and consented that the Agency may treat the participant as an "Owner participant" pursuant to the Redevelopment Plan and Owner Participation Rules as adopted by the Agency; and WHEREAS, the Agency has duly considered all terms and conditions of the proposed Agrec:ment and believes that the redevelopment of the Site pursuant thereto is in the best interests of the City of Orange and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and NOW, THEREFORE, BE IT RESOLVED by the Orange Redevelopment Agency as follows: Section 1. The Agency finds and determines that the redevelopment of the Site pursuant to the Agreement will not have a significant effect on the environment and is exempt from tht~ provisions of the California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines, as a Class 1 rehabilitation of an existing structure. The Assistant Executive Director shall file, or cause to be filed, a Notice of Exemption with the Orange County Recorder's Office. Section 2. The Agreement is hereby approved, and the Agency Executive Director is authorized and directed to execute the Agreement on behalf of the Agency. A copy of the Agreement when executed by the Agency shall be placed on file in the office of the Agency Clerk. Section 3. The Executive Director of the Agency (or his designee) is hereby authorized and directed to take any appropriate action consistent with the purposes of this Resolution and the Agreement approved hereby to carry out and implement the Agreement on behalf of the Agency and to administer the Agency's obligations, responsibilities and duties to be performed pursuant to the Agreement. Section 4.The Agency Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 9th May 1995. t Agency ATTEST: MARILYN J. JENSEN Agency Clerk 1~ I. By: I, 4.JJ<;/'l~ !t.' z;tAsslstant C1e~STATE OF CALIFORNIA COUNTY OF ORANGE I, Cassandra J. Cathcart I Assistant, Clerk of the Orange Redeve: lopment Agency, do hereby certify that the foregoing Resolution No. ORZ'.-n?AQ was introduced and adopted at a regular meeting provided by law of the Orange Redevelopment Agency held on the 9th day of May , 1995, by the following vote of the members thereof:AYES: AGENCY MEMBERS: MURPHY, BARRERA, COONTZ, SPURGEON, SLATER NOES: AGENCY MEMBERS: NONE ABSENT: AGENCY MEMBERS: NONE ABST AIN:AGENCY MEMBERS: NONE AND I FURTHER certify that the Chairman of the Orange Redevelopment Agency signed said Resolution No. ORA-028g)n the 17th day of May , 1995. reso-I/ 0289 MARILYN J. JENSEN CLERK OF THE ORANGE REDEVELOPMENT AGENCY By: ( /~~-ftA~ e:r-/lA' AAA'4______~_____