RES-7774 Consenting to Redevelopment Agency Agreement ApprovalRESOLUTION NO. 7774
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE CONSENTING TO THE APPROVING BY THE
ORANGE REDEVELOPMENT AGENCY OF AN
AGREEMENT FOR SALE OF PROPERTY, LEASES, AND
RELATED DOCUMENTS PERTAINING TO 230 EAST
CHAPMAN AVENUE AND 216 EAST CHAPMAN AVENUE
WHEREAS, the Orange Redevelopment Agency (hereinafter referred to as the
Agency") under the provision of the California Community Redevelopment Law, is engaged
in activities necessary for the execution of the Redevelopment Plan for the Southwest
Redevelopment Project, as heretofore amended (hereinafter referred to as the "Project); and
WHEREAS, Melvin H. Brown, Douglas E. Anderson, HLK Associates, Nelson E.
Wescott Living Trust, James N. Mosley, Charles C. Stone, Pamela C. Hildebrand, Thomas L.
Yost, Shaw Family Trust, Michael G. Mullinix, and Ida L. Soleno (collectively, the "230
Owner") have proposed to sell to the Agency real property located at 230 East Chapman
Avenue, Orange (the "Site") pursuant to the Agreement for Sale of Property (the "Sale
Agreement") in the form submitted herewith; and
WHEREAS, the Site is occupied by Bay View Federal Bank, a Federal corporation
Bay View.) pursuant to a lease, dated May 1, 1988 (the "Bay View Lease") entered into
between the 230 Owner and Bay View's predecessor in interest, Independence Savings and
Loan Association, Inc.: and
WHEREAS, Sam Franciosa and Susan Franciosa (collectively, the "216 Owner"), as
the owners of 216 East Chapman Avenue, Orange (the "Property") desire to lease the Property
on a long-term basis to the Agency pursuant to a lease in the form submitted herewith (
the 216 lease"), and have consented that the Agency may sublet the Property to Bay View
or such other sublease as the Agency may from time to time designate;
and WHEREAS, Bay View desires to terminate its lease of the Site so long as (i)
the Agency subleases the Property to Bay View, and (ii) the Agency makes available to Bay
a portion of the demised premises on the Site for a limited period during which Bay View can
effect exterior and interior improvements of the Property; and
WHEREAS, the Owner, Bay View and the 216 Owner are all agreeable to accomplish
the preceding matters pursuant to the Sale Agreement, including the attachments thereto and
certain other documents enumerated as follows: (i) the Grant Deed, which is Exhibit "A" to
the Sale Agreement (the "Grant Deed"); (ii) the Release and Waiver by Seller, which is
Exhibit "B" to the Sale Agreement (the "Release"); (iii) the Agreement Confirming Surrender
of Leasehold, Release and Waiver, which is Exhibit "C" to the Sale Agreement (the
Surrender Agreement"); (iv) the "Termination Agreement," which is Attachment B to the
Surrender Agreement; (v) the "Interim Lease", which is Attachment C to the Surrender
Agreement; (vi) the 216 Lease; (vii) the Sublease of the Property from the Agency as
sublessor to Bay View as sublessee (the "Franciosa Sublease" or the "216 Sublease"); and
viii) an Agreement between the 230 Owner and the Agency entitled "Agreement" as submitted
herewith pertaining to the inspection of the Site (the "Inspection Agreement"); and
WHEREAS, the approval and implementation of the agreements referenced above
collectively, the "Agreements") will promote the enhancement and upgrading of property
within the Project Area of the Project and will provide space needed for the operation of the
Agency adjacent to the offices of the City of Orange (the "City"); and
WHEREAS, the approval and implementation of the Agreements is within the purview
of the Redevelopment Plan for the Project and the environmental impact report prepared for
Amendment No.2 to the Redevelopment Plan for the Project (the "Project ElR"); and
WHEREAS, prior notice of the consideration of the Agreements has been given by
publication in accordance with law, and a staff report describing the transaction has been
available for public inspection; and
WHEREAS, the City Council has duly considered all terms and conditions of the
proposed Agreements and believes that the acquisition of the Site and the lease and sublease of
the Property pursuant to the Agreements is in the best interests of the City and health, safety
and welfare of its residents, and in accord with the public purposes and provisions of
applicable State and local law requirements;
RESO NO. 7774
NOW, THEREFORE, THE CITY COUNCIL DOES RESOLVE AS FOLLOWS:
Section 1:
The City Council finds and determines that the environmental review pertinent to the
Agreements has been adequately dealt with by the Project ElR, and no further environmental
review is necessary at this time. The City Council further finds and determines that all notice
of the consideration of the Agreements as may be required by law has been given in
accordance with law.
Section 2:
The City Council consents to the approval of Agreements by the Agency and to the
implementation of the Agreements, including withoaut limitation the acquisition of the Site by
the Agency.
ADOPTED this 26th day of March 1991.
ATTEST:
MARILYN J. JENSEN
City Clerk of the City of Orange
H Ae.t ~,...~
Cassandra Cathcart, Deputy City Clerk
RESO NO. 7774
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 26th day of
March , 1991 by the following vote:
AYES: COUNCILMEMBERS: STEINER, BARRERA, MAYOR BEYER,COONTZ,SPURGEON
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
M~ri 1 yn ,1 ,Tl=m~p.n
City Clerk of the City of Orange
J4~AI~ r;-t"A~
Cassandra Cathcart, Deputy City Clerk
RESO NO. 7774