RES-SAORA-005 Disposition & Development Agreement ApprovalRESOLUTION NO. SAORA -005
A RESOLUTION OF THE SUCCESSOR AGENCY
TO THE ORANGE REDEVELOPMENT AGENCY
APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT WITH F.H.A., L.P.
RELATING TO REDEVELOPMENT OF VACANT
REAL PROPERTY LOCATED IN THE ORANGE
MERGED AND AMENDED REDEVELOPMENT
PROJECT AREA.
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 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 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, on March 21, 2012, the Oversight Board of the Successor Agency to the
Orange Redevelopment Agency, approved of the Successor Agency's future entry into the
DDA; and
WHEREAS, pursuant to California Health and Safety Code Section 34179(h),
California Department of Finance approval of the Oversight Board of the Successor Agency
to the Orange Redevelopment Agency action was deemed granted on March 27, 2012; and
WHEREAS, after publication of notice as required by law, a joint public hearing has
been duly held by this Board of Directors and the City Council 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, at such joint public hearing, the City Council authorized the Successor
Agency to sell the Property to the Developer in accordance with the terms and conditions of
the DDA; and
WHEREAS, this Board of Directors has duly considered all of the terms and conditions
of the DDA, and believes that the sale of the Property to the Developer and development of the
Site 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, and that such activities promote the objectives of the
CRL, as well as the Redevelopment Plan for the Redevelopment Project Area.
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NOW, THEREFORE, the Board of Directors of the Successor Agency 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:
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.
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 Chairperson or designee is authorized
to execute, and the Successor Agency Clerk to attest, the DDA on behalf of the Successor
Agency. A copy of the DDA, when executed by both parties, shall be placed on file in the
office of the Successor Agency Clerk.
5. Except as may otherwise be provided in the DDA, the Executive Director is
hereby authorized and directed to execute on behalf of the Successor Agency all documents
necessary and appropriate to carry out and implement the DDA and to administer the
Successor Agency's obligations, responsibilities and duties to be performed thereunder.
ADOPTED this 81h day of May, 2012.
Carolyryv. Vaveybhe, Chairperson
On behalf o the Successor Agency
ATTEST:
Mary E. u
Clerk ot the Successor Agency
1, MARY E. MURPHY, Clerk of the Successor Agency to the Orange
Redevelopment Agency, do hereby certify that the foregoing Resolution was duly and
regularly adopted by the Successor Agency to the Orange Redevelopment Agency at a
regular meeting thereof held on the 8th day of May, 2012, by the following vote:
AYES: DIRECTORS: Whitaker, Smith, Cavecche, Bilodeau, Dumitru
NOES: DIRECTORS: None
ABSENT: DIRECTORS: None
ABSTAIN: DIRECTORS: None
Mary E. y,
Clerk of the Successor Agency
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