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RES-9543 License Agreement for Use of Portion of Hart Park by Chapman UniversityRESOLUTION NO. 9543 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING THE LICENSE AGREEMENT FOR THE USE OF A PORTION OF HART PARK BY CHAPMAN UNIVERSITY AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO WHEREAS, for many years, with the full support and cooperation of the City of Orange ("City"), the City has allowed the University University, a California non- profit corporation (the "University"), to use what is commonly known as Baseball Diamond No. I,together with related improvements and facilities, at Hart Park (the "Property") for intercolllegiate and high school baseball practices, workouts, games, tournaments and camps; and WHEREAS, the educational, c:ivic, cultural and economic benefit of the University has significantly contributed to the overall development of the City and the quality of life of all the City's residents; and WHEREAS, the City and the University desire to enter into a License Agreement, in the fornl presented at this meeting, to clearly establish the relationships between the City and the University for a twenty-five year tenn and the terms and conditions pursuant to which the University may use the Property; and WHEREAS, the City Council finds that the previous use of the Property was for baseball practices, workouts, games, tournaments ,md camps and the proposed use subsequent to the execution of the License Agreement will be for the same uses and that,therefore, pursuant to Section 15061(b)(3) of the State of California Environmental Quality Act ("CEQA") Guidelines, the execution of the License Agreement and the use, maintenance and operation of the Property for the uses described in the License Agreement by the University will not cause a significant effect on the environment because environmental circumstances and conditions of the Property will not be changed; and WHEREAS, the City Council has duly considered all terms and conditions of the proposed License Agreement and believes that the license of the Property pursuant to the proposed License Agreement will not unreasonably interfere with or detract from the general public use and enjoyment of the Property, is in the best interests of the City, is for the common benefit of its residents, is not required for other City purposes, and is in accord with the public purposes and provisions of applicable state and local laws NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows: 1. The foregoing recitals are true and correct. 2. The City Council recognizes that it has received and heard all oral and written objections to the proposed License Agreement of the Property pursuant to the License Agreement, and to other matters pertaining to this transaction, and that all such oral and writt,en objections are hereby overruled. 3. The City Council finds and determines that approval and execution of the License Agreement is exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines. 4. The license of the use of the Property to the University, the License Agreement, and all related documents are hereby approved and the Mayor is hereby authorized to execute, and the City Clerk to attest, the License Agreement on behalf of the City, 5. The City Manager and/or the Director of Community and Library Services are hereby authorized on behalf of the City, and as set forth in the License Agreement, to administer the City's obligations, responsibilities and duties to be performed under the License Agreement. ADOPTED this 13th day of November, 2001. lli..{~hY' M 0 "ftho City of O<mg' ATTEST: l r:-City Clerk of the City of Orange Reso No, 9543 2 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 November, 2001, by the following vote: AYES: COUNCILMEMBERS: Slater, Alvarez, Murphy, Coontz, Alvarez NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None d4#/A~(I~ Cassandra J. Cathc' , Ity Clerk of the City of Orange Reso No, 9543 3 TJR