RES-ORA-0503 Approval of Lease with Ruby's Streamliner LLCRESOLUTION NO.ORA-
0503 A RESOLUTION OF THE
ORANGE REDEVELOPMENT AGENCY APPROVING
A LEASE WITH RUBY'S STREAMLINER,
LLC,RELATING TO THE LEASE OF THE SANTA
FE DEPOT PROPERTY LOCATED AT 186
N.ATCHISON STREET 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 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 City Council of the City of
Orange 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, Ruby's Streamliner, LLC, a California limited liability
company (the Tenant), has proposed to enter into a Lease (the Lease) with the Agency, pursuant to
which the Agency would lease to the Tenant certain Agency-owned real property
in the Redevelopment Project Area consisting of certain improvements located at 186 N.
Atchison Street, including 4,832 square feet of gross leasable space located within a building known
as the historic Santa Fe Depot (the Building) and a 318 square foot exterior patio area located
on the west side of the Building (collectively, with the Building, referred to as
the Premises), together with access to 54 reserved parking spaces located immediately adjacent to and
on the east side of
the Building; and WHEREAS, the Tenant has executed and submitted to the Agency
copies of the Lease in a form that is acceptable to the Tenant, which provides for the lease
of the Premises to the Tenant for the rental amount and upon the terms stated therein and
calling for the operation of a restaurant under the trade name of "Ruby's" or "Ruby'
WHEREAS, as the "lead agency" under the California Environmental Quality Act
California Public Resources Code Section 21000 et seq. (CEQA)], this Board of Directors of
the Agency finds that the previous use of the Property 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 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 Property will not be changed;
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 Lease, including, without limitation, the proposed
lease of the Premises to Tenant in accordance with the terms and provisions thereof; and
WHEREAS, this Board of Directors has duly considered all terms and conditions of
the Lease and believes that the lease of the Premises to the Tenant and the use and operation
of the Premises pursuant to the Lease is in the best interest 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 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:
1. The foregoing recitals are true and correct.
2. Approval and execution of the Lease is exempt from CEQA pursuant to
Section 15061(b)(3) of the State CEQA Guidelines.
3. The lease of the Premises to the Tenant in accordance with the terms and
provisions of the Lease will assist in the elimination of blight and is consistent with the
Agency's adopted Implementation Plan for the reasons outlined in the agenda report
presented to this Board of Directors and in the summary report required by Section 33433 of
the CRL.
4. The consideration to be received by the Agency from the Tenant for the lease
of the Premises in accordance with the terms and provisions of the Lease is not less than the
fair market value at their highest and best use in accordance with the Redevelopment Plan for
the Redevelopment Project Area.
5. The form of the Lease by and between the Agency, as Landlord, and Ruby's
Streamliner, LLC, a California limited liability company, as Tenant, presented at this meeting
is hereby approved and the Chairman of the Agency Board of Directors is hereby authorized
and directed, for and in the name and on behalf of the Agency, to execute, and the Agency
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Clerk is hereby authorized and directed to attest, the Lease in substantially the form
presented at this meeting with such changes therein as the Agency's Executive Director may
approve upon consultation with the Assistant Executive Director and the General Counsel of
the Agency, such approval to be conclusively evidenced by the execution and delivery
thereof. A copy of the Lease, when executed by both parties, shall be placed on file in the
office of the Agency Clerk.
6. The Agency's Assistant Executive Director (or his designee) is hereby
authorized and directed to negotiate with Tenant the terms and conditions of an agreement
memorializing the construction obligations of the Agency and Tenant in accordance with the
provisions of Exhibit C to the Lease presented at this meeting, which, in consultation with
the Agency's Executive Director and Assistant General Counsel, he may deem necessary or
advisable in order to consummate the intended obligations of the parties with respect to said
construction obligations.
7. Except as may otherwise be provided in the Lease or elsewhere in this
Resolution, the Agency's 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
Lease, including the aforementioned agreement memorializing the construction obligations
of the Agency and Tenant, and to administer the Agency's obligations, responsibilities and
duties to be performed thereunder.
ADOPTED this 25th day of August, 2009.
ATTEST:
Mary y, Agency Clerk
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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 25th day of August,
2009, by the following vote:
AYES: DIRECTORS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES: DIRECTORS: None
ABSENT: DIRECTORS: None
ABSTAIN: DIRECTORS: None
Mary y, Agency C • ~_
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