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RES-8072 Consenting to Approving Acquisition and Disposition of Certain Subleasehold InterestRESOLUTION NO. 8072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE CONSENTING TO AND APPROVING THE ACQUISITION AND DISPOSITION OF A CERTAIN SUBLEASEHOLD INTEREST PURSUANT TO AN OWNER PARTICIPATION AGREEMENT BY AND AMONG THE ORANGE REDEVELOPMENT AGENCY, TISHMAN PARKWAY VENTURE, THE CITY, TRW INC., INFORMATION SYSTEMS & SERVICES WHEREAS, the Orange Redevelopment Agency (the "Agency") is authorized to conduct redevelopment activities within the Project Area of the Southwest Redevelopment Project (the "Project Area"), which activities include the acquisition and conveyance of real property for private development; and WHEREAS, TISHMAN PARKWAY VENTURE, a California partnership ("Owner I"), THE CITY, a partnership ("Owner II"), and TRW INC. INFORMATION SYSTEMS & SERVICES, an Ohio corporation ("Tenant") propose that the Agency enter into an Owner Participation Agreement submitted herewith (the "OPA") pursuant to which the parties propose that (1) Owner I and Owner II (collectively, the Owners") shall lease that certain real property identified in the OPA as the "Premises" to Tenant for a term more particularly described in the OPA, (2) the Tenant shall sublease to the agency the Premises for the terrn more particularly described in the OPA, (3) the Agency shall then sub-sublease all of the Premises back to the Tenant for a term more particularly described in the OPA, (4) the Owners shall perforrn certain renovation work to the Premises and certain other improvements (the " Improvements")the minimum cost of which shall be Two Million Five Hundred Thousand Dollars 2,500,000), (5) the Agency will provide assistance to the Tenant not to exceed Two Million Dollars ($2,000,000) the minimum amount of which will be One Hundred Thousand Dollars ($100,000) a year for ten (10) years based on the continual employment by the Tenant of at least Seven Hundred Fifty (750) people at the Premises within the City of Orange and the Agency will provide additional assistance predicated upon the number of full-time employees in excess of Seven Hundred Fifty (750)multiplied by Four Hundred Dollars ($400) per full-time employee not to exceed a total of Two Hundred Fifty (250) employees or One Hundred Thousand Dollars ($100,000) per year; and WHEREAS, the Agency and the City Council of the City (" City Council") have conducted a duly noticed joint public hearing regarding the proposed acquisition and disposition in accordance with California Health and Safety Code Sections 33431 WHEREAS, the staff report pertaining to the Agreement, including a Report by Rosenow Spevacek Group dated as of August 31, 1992 (the "Report") which has been on display prior to the joint public hearing in accordance with Section 33433 of the California Health and Safety Code, contains a detailed description of the provisions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City of Orange as follows: SECTION I: The City Council finds and determines, based upon the testimony and information presented during the public hearing with respect to the Agreement, that the consideration for the interest in property to be transferred to the Tenant pursuant to the sublease is at less than the fair market value thereof determined at the highest use permitted under the Redevelopment Plan, but that such lesser consideration is necessary to secure the commitment of Tenant and the Owners to execute the Agreement, which Agreement will significantly benefit the Agency and the community by alleviating blighting conditions, enhancing and preserving the viability of The City complex as an office and retail center, maintaining employment levels, upgrading the quality of certain buildings within The City complex, maintaining a work force and potentially effecting significant increases in commercial sales at The City and sales tax collections of the City of Orange, and providing for high-quality development activities to stimulate the economic enhancement of the Project Area; these and other factors are more fully discussed in the Report.SECTION II:The City Council hereby approves the Agreement and all of its provisions including without limitation the attachment therein, and gives its consent and authorizes the Chairman and the Executive Director of the Agency to execute all documents referenced in the Agreement or otherwise deemed by the Executive Director to be necessary to effectuate the provisions of the Agreement.ADOPTED this 15th day of September , 1992. ATfEST:m?~~- ~~~-'--- City Clerk, ity of ge 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 15th day of September, 1992, by the following vote: A YES: COUNCIL MEMBERS: STEINER, BARRERA, MAYOR BEYER, COONTZ, SPURGEON NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE u-_.l" J ~/.I'U City Clerk, y of ~g 1c/ b:reso-l/tishpark