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RES-10404 Approval of Lease Santa Fe Depot Building to Ruby's Streamliner LLCRESOLUTION NO. 10404 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING THE LEASE OF THE SANTA FE DEPOT BUILDING IN THE ORANGE MERGED AND AMENDED REDEVELOPMENT PROJECT AREA BY THE ORANGE REDEVELOPMENT AGENCY TO RUBY'S STREAMLINER, LLC AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. 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 Agency is engaged in activities necessary to carry out and implement the Amended and Restated Redevelopment Plan (the Redevelopment Plan) for the Orange Merged and Amended Redevelopment Project Area (the Redevelopment Project Area), and has adopted an Implementation Plan for the Redevelopment Project in accordance with California Health and Safety Code Section 33490 (the Implementation Plan); 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, in order to carry out and implement the Redevelopment Plan, the Agency proposes to lease the historic Santa Fe Depot Building (the Building), owned by the Agency and located in the Redevelopment Project Area, to Ruby's Streamliner, LLC, a California limited liability company (the Tenant), pursuant to the terms and provisions of a Lease (the Lease), in the form presented at this meeting. The Lease contains a description of the Building and provides for the use of the Building as a restaurant (the Restaurant); and WHEREAS, the Tenant has executed and delivered to the Agency the proposed Lease in a form acceptable to and desired by the Tenant; and WHEREAS, the City Council finds that the previous use of the Building was for a restaurant and the proposed use subsequent to the execution of the Lease will be for a restaurant and that therefore, pursuant to Section 15061(b)(3) of the State of California Environmental Quality Act (CEQA) Guidelines, the execution of the Lease and the operation of a restaurant by Tenant will not cause a significant effect on the environment because environmental circumstances and conditions of the Building will not be changed; and WHEREAS, pursuant to the California Community Redevelopment Law (California Health and Safety Code, Section 33000, et seg.) this City Council and the Agency held a joint public hearing on the proposed Lease of the Building; having duly published notice of such public hearing and made copies of the proposed Lease and other reports and documents available for public inspection and comment; and WHEREAS, the City Council has duly considered all of the terms and conditions of the proposed Lease and believes that the Lease of the Building pursuant to the proposed Lease 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, BE IT RESOLVED by the City Council of the City of Orange as follows: 1. The City Council recognizes that it has received and heard all oral and written objections to the proposed lease of the Building pursuant to the Lease and that all such oral and written objections (if any) are hereby overruled. 2. The City Council finds and determines that approval and execution of the Lease is exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines. 3. The City Council hereby finds and determines that the consideration to be paid by the Tenant for the lease of the Building, as described in the Lease, 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 City Council hereby finds and determines that the lease of the Building will assist in the elimination of blight in the Redevelopment Project Area, and is consistent with the Implementation Plan. 5. The lease of the Building, the Lease, and all related documents are hereby approved and the Agency is hereby authorized to enter into the Lease with the Tenant in the form presented at this meeting. 6. This Resolution shall take effect upon adoption. ADOPTED this 25`" day of August, 2009 V~Ca~jeclzhe, Mayor, Ckty of Orange 2 ATTEST: Mary E. M City Cler , City o Or 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 25t'' day of August, 2009, by the following vote: AYES:COLTNCILMEMBERS:Smith, Murphy, Cavecche, Dumitru, Bilodeau NOES:COUNCILMEMBERS:None ABSENT:COUNCILMEMBERS:None ABSTAIN:COUNCILMEMBERS:None Mary E. ,City Clerk, Cit ange 3