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RES-ORA-0423 Cooperation Agreement Acquisition of Certain Real Property - Water St.RESOLUTION NO. ORA- 0423 A RESOLUTION OF THE ORANGE REDEVELOPMENT AGENCY APPROVING AN AMENDED COOPERATION AGREEMENT WITH THE CITY OF ORANGE RELATING TO THE SALE OF CERTAIN REAL PROPERTY LOCATED AT 164-180 S. WATER STREET TO THE ORANGE REDEVELOPMENT AGENCY; APPROVING THE ACQUISITION FOR REDEVELOPMENT PURPOSES OF SAID REAL PROPERTY FROM THE CITY OF ORANGE;AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH.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 Redevelopment Law) and, pursuant to the Redevelopment Law, is responsible for redevelopment of the redevelopment project areas within the City of Orange; 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 City Council has heretofore approved the terms and provisions of an Agreement of Purchase and Sale and Joint Escrow Instructions (the Agreement) with the Orange County Fire Authority, a joint powers authority (OCF A), as the seller, and the City,as the purchaser, of that certain real property located at 105, 125, 145, and 164-180 South Water Street in the City of Orange, County of Orange, State of California, together with all fixtures, buildings, parking areas, landscaping and other improvements located thereon collectively referred to as the Property); and WHEREAS, on January 14, 2003, the City Council and the Board of Directors of the Orange Redevelopment Agency "Agency Board) approved the terms and provisions of a Cooperation Agreement between the City and the Orange Redevelopment Agency (Agency),which acknowledged that the City was then negotiating with the OCFA for the acquisition of the Property and that, upon acquisition thereof and the performance of certain conditions by the City, the City would thereafter convey to the Agency a portion of the Property (i. e., that portion commonly known as 164-180 South Water Street and referred to in the Cooperation Agreement as the Acquisition Parcel); and WHEREAS, the Cooperation Agreement provided that the Acquisition Parcel would be used by the Agency for the purpose of increasing, improving and preserving the community's supply of low- and moderate-income housing available at affordable housing costs to persons and families WHEREAS, since the time of execution of the Cooperation Agreement, the City and the Agency have re-evaluated the use of the Acquisition Parcel for affordable housing and belil:ve that further studies, reviews and proceedings involving the exercise of discretion by the City Council, the Agency Board, or their respective staffs and other departments of the '"'City may result in the use of the Acquisition Parcel for some other redevelopment purpose; and WHEREAS, the Agency, nevertheless, desires to acquire the Acquisition Parcel from the City under the terms of the Amended Cooperation Agreement, in the form presented at this meeting, and to conduct such further studies, reviews and proceedings it deems necessary and appropriate to determine how the Acquisition Parcel should be developed and for what redevelopment purposes; and WHEREAS, after its acquisition, the Agency will consider options for the use of the Acquisition Parcel, including the provision of residential housing. The Agency has not yet commenced project conceptualization, design, and plarming for the Acquisition Parcel; and WHEREAS, Section 15004 of the State California Environmental Quality Act CEQA) Guidelines provides that compliance with CEQA, should be completed prior to acquisition of a site for a public project. However, Section 15004 authorizes acquisition of real property provided the acquiring agency conditions its future use on CEQA compliance; and WHEREAS, the Agency Board desires to acquire the Acquisition Parcel from the City in accordance with the terms and provisions of the Amended Cooperation Agreement and conditioned upon the Acquisition Parcel's future use being reviewed in compliance with CEQA; and WHEREAS, pursuant to Section 33220 the Redevelopment Law, the City may, for the purpose of aiding and co-operating in the plarming, undertaking, construction or operation of redevelopment projects located within the area in which it is authorized to act, dedicate,sell, conveyor lease any of its property to a redevelopment agency; and WHEREAS, Section 33396 of the Redevelopment Law authorizes the Agency, at the request of the City, to accept a conveyance of City-owned surplus real property (located either within or outside a redevelopment project area) for the disposition by the Agency to private persons or to public or private entities by sale or long-term lease for development; and WHEREAS, the City proposes to sell the Acquisition Parcel to the Agency, and the Agency desires to purchase the Acquisition Parcel from the City, pursuant to the terms and provisions of the Amended Cooperation Agreement, which Amended Cooperation Agreement contains a description of the Acquisition Parcel and a Sale Agreement governing the procedures for conveyance of the Acquisition Parcel to the WHEREAS, the Acquisition Parcel is located outside the boundaries of the Orange Merged and Amended Redevelopment Project Area; and WHEREAS, the Agency Board, along with the City Council, has duly considered all of the terms and conditions of the Amended Cooperation Agreement, 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 acquisition of the Acquisition Parcel from the City 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 the Amended Cooperation Agreement promotes the objectives of the California Community Redevelopment Law as well as the Amended and Restated Redevelopment Plan for the Orange Merged and Amended Redevelopment Project Area.NOW, THEREFORE, the Orange Redevelopment Agency resolves, 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 purchase and sale of the Acquisition Parcel in accordance with the terms and provisions of the Amended Cooperation Agreement is not subject to CEQA; provided,however, that the Agency will comply with CEQA once the future use of the Acquisition Parcel has been conceptualized, designed and plarmed.3. The public interest, convenience and necessity require, and the Agency Board hereby orders, the acquisition by the Agency for redevelopment purposes of the fee simple estate in and to the Acquisition Parcel for the sum of One Million Eight Hundred Fifteen Thousand Eight Hundred Eighteen Dollars ($1,815,818.00), in cash, through escrow in accordance with the terms and provisions of the Amended Cooperation Agreement.4. The Agency Board hereby finds and determines that the terms and provisions of the Amended Cooperation Agreement between the City and the Agency with respect to the acquisition of the Acquisition Parcel, in substantially the form as submitted by the City Manager, are approved and that the Chairman is authorized to execute, and the Agency Clerk to attest, the Amended Cooperation Agreement on behalf of the Agency.5. The Executive Director of the Agency is hereby authorized and directed to execute on behalf of the Agency the Sale Agreement attached to the Amended Cooperation Agreement and all documents necessary and appropriate to carry out and implement the Amended Cooperation Agreement and to administer the Agency's obligations,responsibilities and duties to be performed thereunder, including the acceptance in the name and on behalf of the Agency of a deed conveying to the Agency the Acquisition Parcel.6. The Agency Board hereby finds and determines that the Agency's use of funds in the amount of One Million Eight Hundred Fifteen Thousand Eight Hundred Eighteen Dollars ($ 1,815,818.00) for acquisition of the Acquisition Parcel and the acquisition of the Acquisition Parcel, itself, for redevelopment purposes will be of benefit to the Merged 3 Redl:velopment Project Area and is in the vital and best interests of the City and the health, safety and welfare of its residents, and in accord with the public purposes and provisions of appliicable federal, state and local laws and requirements. 7. In the event that the Agency subsequently disposes of the Acquisition Parcel to a private person or a public or private entity for redevelopment purposes, the distribution of the proceeds of such sale will be as determined by the City Council at the time of such subsequent disposition. 8. The officers and employees of the Agency are authorized and directed, jointly and severally, to do any and all things necessary or advisable in order to effectuate the purposes of this resolution and to administer the Agency's obligations, responsibilities and dutil:s to be performed hereunder, and all actions previously taken by such officers and employees in connection with the Amended Cooperation Agreement are ratified and approved. ADOPTED this 29th day of April, 2003. t!1~i.1:;;JL ATTEST: Cas~;andra J. cart, Agency Clerk I, CASSANDRA J. CATHCART, Clerk of the Orange Redevelopment Agency, Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the Orange Redevelopment Agency at an adjourned regular meeting thereof held on the 29th day of April, 2003. AYES: NOES: ABSENT: ABSTAIN: DIRECTORS: Ambriz, Alvarez, Murphy, Coontz, Cavecche DIRECTORS: None DIRECTORS: None DIRECTORS: None d~~~ r2e,-~~A7Cassandra J. Ca art, Agency Clerk 4