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RES-9405 Sale of Real Property for Redevelopment within Southwest Redevelopment ProjectRESOLUTION NO. 9405 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AUTHORIZING THE SALE OF PROPERTY BY THE ORANGE REDEVELOPMENT AGENCY TO VRSJ LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, IN ACCORDANCE WITH THE TERMS OF AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE ORANGE REDEVELOPMENT AGENCY AND VRSJ LLC FOR REDEVELOPMENT OF A SITE WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT. 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 Califomia; and 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: "CRL"); and WHEREAS, on November 20, 1984, the City Council of the City of Orange adopted Ordinance No. 37-84 approving the Redevelopment Plan for the Southwest Redevelopment Project, which Redevelopment Plan was amended (i) on July 15, 1986 by Ordinance No. 20-86,ii) on July 5, 1988 by Ordinance No. 24-88, (iii) on November 22, 1994 by Ordinance No. 22-94, and (iv) on July 9, 1996 by Ordinance No. 17-96 (collectively referred to herein as the Redevelopment Plan"), thereby authorizing the Agency to administer the Redevelopment Plan for the Southwest Redevelopment Project ( the "Redevelopment Project"); and WHEREAS, the Agency is engaged in activities necessary to carry out and implement the Redevelopment Plan for the Redevelopment Project; and WHEREAS, as authorized by Section 33430 of the CRL, the Agency proposes to convey to VRSJ LLC, a California limited liability company (the "Participant"), certain Agency-owned real property in the Redevelopment Project consisting of approximately .58 acre ofland commonly known as 1429 W. Palmyra Avenue (the "Agency Property"), subject to the terms and conditions set forth in a proposed Owner Participation Agreement (the "OPA")for the purpose of implementing Section 33339 ofthe CRL and the Redevelopment Plan for the Redevelopment Project; and WHEREAS, the Participant owns certain parcels of real property in the Redevelopment Project located adjacent to the Agency Parcel andconsisting of (a)approximately 2.40 acres ofland commonly known as 230 approximately .28 acre ofland commonly known as 274 South Main Street (collectively, the Participant Parcels"); and WHEREAS, the Participant desires to acquire the Agency Parcel and to develop it, along with the Participant Parcels, with two 40,000 square foot medical office buildings, consisting, in the aggregate, of approximately 74,813 square feet of gross leaseable area, a four-level parking structure containing approximately 318 parking stalls, and surface parking accommodating approximately 86 parking stalls (the "Project"); and WHEREAS, theOP A by and between the Participant and the Agency has been prepared and submitted, providing for the conveyance of the Agency Property from the Agency to the Participant for the purchase price and upon the terms stated therein and calling for the proposed redevelopment of the Agency Parcel and Participant Parcels with the Project; and WHEREAS, in accordance with the CRL and the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.: "CEQA"), the Agency has heretofore certified Final Environmental Impact Reports for the Redevelopment Plan for the Redevelopment Plan and the First, Second and Third Amendments thereto (herein referred to as the "Final EIRs"), which Final EIRs examined the impacts associated with the anticipated development ofthe 3.26 acre Site with office buildings; and WHEREAS, as the lead agency under CEQA and pursuant to the authority granted to it by the Orange Municipal Code, the Planning Commission heretofore considered the proposed Project and Mitigated Negative Declaration 1650-00, including an Initial Study prepared for the Project and comments received during the public review process, and found no substantial evidence that the Project would have a significant impact on the environment.Accordingly, the Planning Commission adopted Mitigated Negative Declaration 1650-00 and approved a Major Site Plan Review for the Project by the adoption of Resolution No. PC 65-00; and WHEREAS, after publication of notice as required by law, a joint public hearing has been duly held by this City Council and the Agency in accordance with Section 33433 of the CRL on the proposed sale of the Agency Property in accordance with the terms and provisions of the OPA; and WHEREAS, this City Council has duly considered all of the terms and conditions of the proposed sale of the Agency Property to the Participant, as set forthin the OP A, and believes that the sale of the Property by the Agency pursuant to the OP A 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.Reso No. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows: I. The City Council finds and determines that the foregoing recitals are true and correct. 2. The City Council hereby finds and determines that the sale of the Agency Property to the Participant in accordance with the terms and provisions of the OP A will assist in the elimination of blight for the reasons outlined in the agenda report presented to this City Council and in the summary report required by Section 33433 of the CRL. 3. The City Council hereby finds and determines that the consideration to be received by the Agency from the Participant for the sale of the Agency Property in accordance with the terms and provisions of the OP A is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale under the terms and conditions of the OPA. 4. This City Council hereby finds and determines that the terms and provisions of the OPA between the Agency and the Participant, with respect to the development of the Project, in the form submitted and executed by the Participant, are approved and that the Agency is hereby authorized to sell the Agency Property to the Participant in accordance with the terms and conditions of the OPA. ADOPTED this 13th day of February, 2001. ATTEST: Reso No. 9405 3 TJR I 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 13th day of February, 2001, by the following vote: AYES: COUNCILMEMBERS: SLATER, ALVAREZ, MAYOR MURPHY, COONTZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Cassandra J. Cathc , City Clerk City of Orange Reso No. 9405 4 TJR