RES-ORA-0509 Office Space Lease AuthorizationRESOLUTION NO.ORA-
0509 A RESOLUTION OF THE
ORANGE REDEVELOPMENT AGENCY AUTHORIZING
THE LEASE OF OFFICE SPACE WITHIN
A COMMERCIAL OFFICE BUILDING OWNED
BY THE ORANGE REDEVELOPMENT AGENCY
AT 307 EAST CHAPMAN AVENUE IN THE CITY
OF
ORANGE.WHEREAS, the Orange Redevelopment Agency (Agency) has been duly
created,established and authorized to transact business and exercise its powers under and pursuant
to the California Community Redevelopment Law (commencing with Section 33000 of
the California Health and Safety Code and hereinafter referred to as the Redevelopment
Law),including, among other powers, the authority granted to it by Sections 33430 and 33431
of the Redevelopment Law to rent real property or any interest therein;
and WHEREAS, the Agency is the owner of that certain real property in the City
of Orange, County of Orange, State of California commonly known as 307 E.
Chapman Avenue, which is improved with atwo-story building, containingapproximately
6,174 square feet, and a single-story building, containing approximately 1,010
square feet (
the Property); and WHEREAS, the Property is located within the boundaries of the
Orange Merged and Amended Redevelopment Project Area (the Redevelopment
Project Area), which Redevelopment Project Area was duly established by the City Council of the City
of Orange on November 27, 2001 by Ordinance No. 21-01, pursuant to
the Redevelopment Law; and WHEREAS, the Board of Directors of the Agency (the
Agency Board) desires to make space within the Property available for lease to persons for
office purposes on a periodic basis until such time as the Agency Board determines to otherwise
use or dispose of the Property
for redevelopment purposes; and WHEREAS, the Agency Board proposes to make space
within the Property available for lease under the authority granted to it by Sections 33430
and 33431 of
the Redevelopment Law; and WHEREAS, as the "lead agency" under the
California Environmental Quality Act CEQA), the lease of space within the Property by the Agency is exempt
from the provisions of CEQAunder Section 15061(b)(3) of the State CEQA Guidelines because it
can be seen with certainty that there is no possibility that the lease of space within the
Property may have a significant
NOW, THEREFORE, the Board of Directors of the Orange Redevelopment Agency
does hereby resolve as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. Subject to and in accordance with the criteria and parameters set forth
on Exhibit A hereto, the Agency's Assistant Executive Director (or his duly authorized
designee) (each, an Authorized Officer) is hereby authorized and directed to make space
within the Property available for lease until such time as the Agency Board determines to
otherwise use or dispose of the Property for redevelopment purposes.
Section 3. The Agency's General Counsel (or his designee) (each, the Agency's
Legal Counsel) is authorized and directed to prepare, or cause to be prepared, the form of
lease agreement, together with any and all other documents deemed necessary and
appropriate to implement the lease of space within the Property.
Section 4. The Agency's Legal Counsel is further authorized and directed to
enforce the Agency's rights and remedies (including the institution of actions in unlawful
detainer) under any lease agreement executed by the Agency's Executive Director (herein
referred to as the Agency's Director).
Section 5. The Authorized Officer is authorized to retain the services of Preferred
Real Estate Management, Inc. as the listing broker (the Listing Broker) for the leasing of
space within the Property on behalf of the Agency or, in its place, such other licensed real
estate broker(s) as the Authorized Officer may from time to time determine necessary and
appropriate to carry out and implement the purposes of this Resolution. To that end, the
Authorized Officer is hereby authorized to negotiate the terms and conditions of an
agreement with the Listing Broker or any successor listing broker retained by the Authorized
Officer in such form as may be approved by the Agency's Legal Counsel, provided that any
fee paid to the Listing Broker and/or any cooperating broker for services rendered in the
leasing of space within the Property shall not exceed 6% of the annual rent.
Section 6. The Authorized Officer is further authorized to approve or disapprove
rental applications for space within the Property. If approved, the Agency's Director is
authorized to execute and deliver, for and in the name of the Agency, lease agreements in
such form as may be approved by the Agency's Legal Counsel, with such changes therein as
the Agency's Director may require or approve upon advice and with the consent of the
Authorized Officer and the Agency's Legal Counsel.
Section 7. The Agency's Director is further authorized to execute and deliver
such other agreements and documents on behalf of the Agency, which, in consultation with
the Authorized Officer and the Agency's Legal Counsel, he may deem necessary or advisable
in order to carry out and implement the purposes of this Resolution and to administer the
Agency's obligations, responsibilities and duties to be performed under any lease agreement
executed by the Agency's Director.
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Section 8. The Agency's Director is hereby further authorized on behalf of the
Agency to enter into any agreement with the Listing Broker and any cooperating broker for
the sharing of a broker's fee for the lease of space within the Property.
ADOPTED this 23rd day of March, 2010.
ATTEST:
Ma:~ u ,Agency Clerk
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 23rd day of March,2010, by
the following vote:AYES:DIRECTORS:
Smith, Murphy, Cavecche, Dumitru, Bilodeau NOES:DIRECTORS:
None ABSENT:DIRECTORS:
None ABSTAIN:DIRECTORS:
None