Loading...
RES-10654 Disposition & Development Agreement TermsRESOLUTION NO. 10654 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AUTHORIZING THE SALE OF REAL PROPERTY BY THE SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY TO F.H.A., L.P., IN ACCORDANCE WITH THE TERMS OF A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY AND F.H.A., L.P. WHEREAS, the City of Orange (the "City ") is a municipal corporation which exercises governmental functions and powers and is organized and existing under the laws of the State of California; and WHEREAS, the Orange Redevelopment Agency, a public body, corporate and politic the "Agency "), was duly created, established and authorized to transact business and exercise its powers under and pursuant to the Community Redevelopment Law (commencing with Section 33000 of the Health and Safety Code of the State of California and hereinafter referred to as the "CRL "); and WHEREAS, the Amended and Restated Redevelopment Plan (the "Redevelopment Plan ") for the Orange Merged and Amended Redevelopment Project Area (the Redevelopment Project Area ") was duly approved by the Orange City Council on November 27, 2001 by Ordinance No. 21 -01, pursuant to the CRL; and WHEREAS, the Agency was engaged in activities necessary to carry out and implement the Redevelopment Plan for the Redevelopment Project Area; and WHEREAS, on February 1, 2012, by operation of law, the Successor Agency to the Orange Redevelopment Agency, a public body, corporate and politic (the "Successor Agency ") was created, the Agency was dissolved, and all authority, rights, powers, duties, and obligations previously vested with the Agency, under the CRL, were vested in the Successor Agency; and WHEREAS, the Developer owns certain real property in the Redevelopment Project Area adjacent to the Property and generally located north of West Chapman Avenue, south of the Santa Ana Freeway (I -5) off -ramp to State College Boulevard, west of the City Drive and east of Manchester Avenue in the City of Orange (the "Developer Parcels "); and WHEREAS, F.H.A., L.P. (the "Developer "), has proposed to enter into a Disposition and Development Agreement (the "DDA ") with the Successor Agency, pursuant to which the Successor Agency would convey to the Developer a Successor Agency -owned vacant remnant parcel, measuring approximately 19,672 square feet (the "Property ") for development by the Developer, along with the Developer Parcels (as hereinafter defined), of a 93,452 square foot commercial hotel development, which would consist of a new hotel building comprised of approximately 142 rooms along with on -site improvements that include a 212 space parking structure, 63 surface parking stalls and other site improvements (the "Project "); and WHEREAS, the Developer Parcels and the Property, referred to herein collectively as the "Site ", total approximately 2.64 acres; and WHEREAS, the Developer has executed and submitted to the Successor Agency copies of the DDA in a form that is acceptable to the Developer, which provides for the conveyance of the Property from the Successor Agency to the Developer for the purchase price and upon the terms stated therein and calling for the proposed redevelopment of the Site with the Project; and WHEREAS, as the "lead agency" under the California Environmental Quality Act California Public Resources Code Section 21000 et seq.), and pursuant to the authority granted to it by the Orange Municipal Code, the Planning Commission of the City of Orange heretofore considered the proposed Project and Mitigated Negative Declaration 1801 -07 (the CEQA Document "), which was prepared in connection therewith, finding no substantial evidence that the Project, as mitigated, would have a significant impact on the environment; and WHEREAS, the Planning Commission adopted the CEQA Document and adopted Orange Planning Commission Resolution No. PC 13 -11 on June 6, 2011; and WHEREAS, after publication of notice as required by law, a joint public hearing has been duly held by this City Council and the Successor Agency in accordance with Sections 33431 and 33433 of the CRL on the proposed DDA, including, without limitation, the proposed sale of the Property in accordance with the terms and provisions thereof, and WHEREAS, this City Council has duly considered all of the terms and conditions of the proposed sale of the Property to the Developer, as set forth in the DDA, and believes that the sale of the Property by the Successor Agency pursuant to the DDA is in the best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law and requirements. NOW, THEREFORE, the City Council of the City of Orange resolves, finds and determines, on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows: 1. The foregoing recitals are true and correct. 2. The sale of the Property to the Developer in accordance with the terms and provisions of the DDA will assist in the elimination of blight and is consistent with the adopted Implementation Plan for the reasons outlined in the summary report required by Section 33433 of the CRL, which is incorporated herein by this reference. 2 3. The consideration to be received by the Successor Agency from the Developer for the sale of the Property in accordance with the terms and provisions of the DDA is not less than the fair market value at its highest and best use in accordance with the Redevelopment Plan for the Redevelopment Project Area. 4. The terms and provisions of the DDA between the Successor Agency and the Developer, with respect to the development of the Project, in the form submitted and executed by the Developer, are approved, and that the Successor Agency is hereby authorized to sell the Property to the Developer in accordance with the terms and conditions of the DDA. ADOPTED this 8th day of May, 2012. V. C4+'q$e, Mayor, Ci y of Orange ATTEST: Mary E. City Clerk, City ge I, MARY E. MURPHY, City Clerk of the City of Orange, California, do 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 8th day of May, 2012, by the following vote: AYES: COUNCILMEMBERS: Whitaker, Smith, Cavecche, Bilodeau, Dumitru NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None e Mary E. City Clerk, i Orange 3