RES-ORA-0280 Participation Agreement - Builders Appliance Supply, Inc.RESOLUTION NO. ORA-
0280 A RESOLUTION OF THE ORANGE
REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING
THE EXECUTION OF A PARTICIPATION AGREEMENT
BY AND BETWEEN THE ORANGE
REDEVELOPMENT AGENCY AND BUILDERS APPLIANCE SUPPLY,
INC.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
Northwest 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 Builders Appliance Supply, Inc., California
corporation 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 appliance
display,sales, replacement and repair (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 Catellus Development Corporation (the "Owner") are
prepared to enter into a lease for a term of not less than ten (10) 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 Agreement 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 the
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.
day of September, 1994.APPROVED AND ADOPTED this
Co.
Vice airman, Orange Redevelopment Agency
ArrEST:
PUBLl6967_1 1391 182359.0 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
I, ~~rilnn , Clerk of the Orange Redevelopment Agency, do hereby certify that the
foregoing e~mutlOn No. ORA-?~ introduced and adopted at a regular meeting provided by law
of the of Orange Redevelopment Agency held on the ?nt-h day of September , 1994, by
the following vote of the members
thereof:AYES:AGENCY MEMBERS: SPURGEON, BARRERA, COONTZ,
MURPHY NOES:AGENCY MEMBERS:
NONE ABSENT:AGENCY MEMBERS: CHAIRMAN
BEYER ABSTAIN:AGENCY MEMBERS:
NONE AND I FURTHER certifj that the Chairman of the Orange Redevelopment
Agency signed said Resolution No. ORA- 2g!{ the 2Qt.b. day of C:"'pt-",mh",r ,
1994.f/7AA1~.
A--'~ (~/~CLERK OF T OR E
gEDEVELOPMENT
AGENCY pU'L,16%7_11391182359.0