RES-ORA-0223 Approving an Agreement for Sale of Property, Leases and Related DocumentsRESOLUTION NO. ORA-
0223 A RESOLUTION OF THE ORANGE
REDEVELOPMENT AGENCY APPROVING 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 View 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
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 EIR"); 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 Agency 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.ORA-
NOW, THEREFORE, THE ORANGE REDEVELOPMENT AGENCY DOES
RESOLVE AS FOLLOWS:
Section 1:
The Agency finds and determines that the environmental review pertinent to the
Agreements has been adequately dealt with by the Project EIR, and no further environmental
review is necessary at this time. The Agency 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 Agency approves the Agreements and authorizes the Chairman, the Executive
Director, or the Agency Clerk to execute each of the following: the Sale Agreement; the 216
Lease; the authorization to accept title pursuant to the Grant Deed; the Surrender Agreement;
the Termination Agreement; the Interim Lease; the Inspection Agreement; and the 216
Sublease. The Agency further determines and approves that the Chairman, the Executive
Director, or the Agency Clerk are authorized and directed to execute such documents as may
be necessary and proper to implement the Agreements.
ADOPTED this 26th day of March 1991.
AITEST:
l\1;'lr~lyn T Tpnc:pn G~~
Clerk, Orange Redevelopment Agency Cassandra Cathcart, ~3sistan~ Clerk
Orange Redevelopment Agency
RESO.ORA-
I hereby certify that the foregoing Resolution was duly and regularly adopted by the
Orange Redevelopment Agency at a regular meeting thereof held on the 26th day of
March , 1991 by the following vote:
AYES: DIRECTORS: STEINER, BARRERA, BEYER, COONTZ,SPURGEON
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: NONE
ABSTAIN: DIRECTORS: NONE
Marilyn J. Jensen
Clerk Orange Redevelopment Agency
c;~~A /?~ ~".nf--
Cassandra Cathcart, Assistant Clerk
Orange Redevelopment Agency
RESQ,ORA-