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RES-ORA-0473 City Owned Parking Lot Ground Lease ApprovalRESOLUTION NO. ORA- 0473 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE REDEVELOPMENT AGENCY APPROVING A GROUND LEASE OF THE CITY-OWNED PARKING LOT BOUNDED ON THE SOUTH BY CHAPMAN AVENUE, ON THE NORTH BY PALM AVENUE, AND ON THE EAST BY THE RAILROAD RIGHT-OF-WAY USED FOR METROLINK COMMUTER RAIL SERVICE FOR REDEVELOPMENT PURPOSES.WHEREAS, the City of Orange (the City) is a municipal corporation exercising governmental functions and powers, organized and existing under the laws of the State of California, and authorized to sell and otherwise convey real property to the Orange Redevelopment Agency (the Agency) under the California Community Redevelopment Law commencing with Section 33000 of the Health and Safety Code and hereinafter referred to as the Redevelopment Law); and WHEREAS, the Agency is a redevelopment agency existing pursuant to the provisions of the Redevelopment Law, which has been authorized to transact business and exercise its powers under and pursuant to the Redevelopment Law; and WHEREAS, the City is the owner ofthat certain 2.40-acre parcel of land commonly known as the West Chapman Avenue Parking Lot (the Parking Lot) and improved as a public parking facility, serving members of the general public and patrons of the peripheral commuter rail passenger terminal and bus transfer facility located at 194 N. Atchison Street in the City of Orange (the Orange Transportation Center or OTC). The Parking Lot is bounded on the south by Chapman Avenue, on the north by Palm Avenue, and on the east by the railroad right-of.-way used for Metrolink commuter rail service to the OTC; and WHEREAS, the Agency desires to own, manage, operate and maintain the Parking Lot,together with the pedestrian under-crossing to be constructed beneath the railroad right-of-way,and the existing transit-related facilities located on Agency-owned land on the east side of the railroad right-of-way as an integrated transportation facility; and WHEREAS, the City Council has authorized the lease of the Parking Lot to the Agency for redevelopment purposes in accordance with the terms and provisions of that certain Ground Lease in the form presented at this meeting (the Ground Lease); and WHEREAS, the Parking Lot is located within the boundaries of the Orange Merged and Amended Redevelopment Project Area (the Redevelopment Project Area), which Merged Redevelopment Project Area was duly established by the City Council of the City of Orange on November 27, WHEREAS, this Board of Directors of the Agency has duly considered all of the terms and conditions of the Ground Lease, as set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, and believes that the lease of the Parking Lot to the Agency 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 requirements, and that such activities promote the objectives of the Redevelopment Law as well as the Redevelopment Plan for the Redevelopment Project Area. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Orange Redevelopment Agency, 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 lease of the Parking Lot to the Agency in accordance with the terms and provisions ofthe Ground Lease is for the common benefit of the City. 3. The Chairman of the Board of Directors of the Agency is hereby authorized to execute, and the Agency Clerk to attest, the Ground Lease on behalf of the Agency and to sign and deliver all documents and take all other actions necessary and appropriate to carry out, implement and administer the Agency's obligations thereunder. ADOPTED this lih day of February, 2008. ATTEST: 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 Orange Redevelopment Agency at a regular meeting thereof held on the 1ih day of February, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DIRECTORS: Smith, Murphy, Cavecche, Dumitru, Bilodeau DIRECTORS: None DIRECTORS: None DIRECTORS: None