Loading...
RES-ORA-0520 Loan Agreement ApprovalRESOLUTION NO.ORA- 0520 A RESOLUTION OF THE ORANGE REDEVELOPMENT AGENCY APPROVING A FOURTH AMENDMENT TO LOAN AGREEMENT WITH 234 WEST CHAPMAN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, RELATING TO REDEVELOPMENT OF PROPERTY COMMONLY KNOWN AS 234-238 W. CHAPMAN AVENUE IN THE ORANGE MERGED AND AMENDED REDEVELOPMENT PROJECT AREA.WHEREAS, the Orange Redevelopment Agency, a public body, corporate and politic the "Agency"), has been 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 herein 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 is engaged in activities necessary to carry out and implement the Redevelopment Plan for the Redevelopment Project Area; and WHEREAS, 234 West Chapman, LLC, a California limited liability company (the Borrov~~er"), and the Agency have previously entered into that certain Loan Agreement,dated as of June 10, 2008 (Agreement No. 5286), as amended by that certain First Amendment thereto dated as of February 13, 2009, as further amended by that certain Second Amendment thereto dated as of June 18, 2009, and as further amended by that certain Third Amendment thereto dated as of October 27, 2009 (collectively the "Agreement"), wherein the Borrower contracted to purchase certain real property located at 234-238 W. Chapman Avenue (the "Property") within the Project Area to (i) restore and rehabilitate the existing historical structure located on the Property for the purpose of operating therein a "Wahoo's Fish Taco" style restaurant (including ancillary second floor office uses and tenant improvements), and (ii) develop and construct on the Property additional new retail space and second floor office space for lease by Borrower to retail and office tenants, respectively the "Project"); and WHEREAS, pursuant to the Agreement, the Borrower applied to and did receive from the Agency a loan in the amount of Eight Hundred Thousand andNo/100 Dollars 800,000.00) to be used to finance acquisition of the Property ( WHEREAS, this Board of Directors desires to further amend the Agency Loan to Borrower on terms and conditions set forth in that certain Fourth Amendment to Loan Agreement in the form executed and submitted to the Agency by Borrower; and WHEREAS, Borrower desires to further rehabilitate the existing historical structure located on the Property by performing certain additional seismic related work; and WHEREAS, Borrower seas applied to the Agency for a second loan in the amount of Five Hundred Thousand and No/100 Dollars ($500,000.00) to be used to finance further rehabilitation of the Property (the "Seismic Loan"); and WHEREAS, this Board of Directors desires to extend the Seismic Loan to Borrower on the terms and conditions set forth in said Fourth Amendment to Loan Agreement; and WHEREAS, this Board of Directors has duly considered all the terms and conditions of the Fourth Amendment to Loan Agreement and believes that the amendment to the Agency Loan and further rehabilitation of the Property pursuant to the Seismic Loan as set forth in the Fourth Amendment to Loan Agreement are 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. NOW, THEREFORE, the Board of Directors of the Orange Redevelopment Agency the "Agency Board"), 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 terms and provisions of the Fourth Amendment to Loan Agreement between the Agency and the Borrower, with respect to further amendment to the Agency Loan and the addition of the Seismic Loan to further finance rehabilitation of the Property, in the form submitted and executed by the Borrower, and as modified, supplemented and amended by the Agency Board at the meeting at which this matter was considered, are approved and that the Chairman is authorized to execute, and the Agency Clerk to attest, the Fourth Amendment to Loan Agreement, as so modified, supplemented and amended, on behalf of the Agency. A copy of the Fourth Amendment to Loan Agreement, when executed by both parties, shall be placed on file in the office of the Agency Clerk. 3. Except as may otherwise be provided in the Fourth Amendment to Loan Agreement, the Executive Director is hereby authorized and directed to execute on behalf of the Agency all documents necessary and appropriate to carry out and implement the Fourth Amendment to Loan Agreement and to administer the Agency's obligations, responsibilities and duties to be performed thereunder. 2 ADOPTED this l Ot"day of August, 2010. ATTEST: Mary E urp ,Agency Cler 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 lOt'' day of August, 2010, by the following vote: AYES:DIRECTORS:Smith, Murphy, Dumitru NOES:DIRECTORS:Cavecche, Bilodeau ABSENT:DIRECTORS:None ABSTAIN:DIRECTORS:None Mary E. hy, Agency Clerk