Resolution Number 87-11-3-1RESOLUTION NO. 87-11-3-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE SALE OF
CERTAIN PROPERTIES WITHIN THE SAN JUAN CAPISTRANO
CENTRAL REDEVELOPMENT PROJECT AREA TO OLIVER
McMILLAN CAPISTRANO I, LTD., AND APPROVING THE
DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING
THERETO
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WHEREAS, the San Juan Capistrano Community Redevelopment Agency (the
"Agency") is engaged in activities necessary to carry out and implement the
Redevelopment Plan for the San Juan Capistrano Central Redevelopment Project Area;
and,
WHEREAS, in order to carry out and implement such Redevelopment Plan the
Agency proposes to enter into a Disposition and Development Agreement (the
"Agreement") with Oliver McMillan Capistrano I, Ltd., (the "Developer") for the sale of
the development site (the "Site") for the development and operation of a hotel and retail
space, with the necessary parking and landscaping by the Developer (all as described in
the Agreement) in the San Juan Capistrano Central Redevelopment Project Area; and,
WHEREAS, the Developer has submitted to this Agency copies of said proposed
Agreement in a form desired by the Developer; and,
WHEREAS, pursuant to the California Community Redevelopment Law
(California Health and Safety Code, Section 33000 et seq.) the Agency and this City
Council held a joint public hearing on the Agreement and the proposed sale of the Site,
having duly published notice of such public hearing and made copies of the proposed
Agreement available for public inspection and comment; and,
WHEREAS, the Agency has duly considered all terms and conditions of the
proposed Agreement and believes that the redevelopment of the real property pursuant
thereto is in the best interests of the City of San Juan Capistrano and the health, safety,
and welfare of its residents, and in accord with the public purposes and provisions of
applicable State and local law and requirements.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano, as follows:
1. The City Council has received and heard all oral and written objections
to the proposed Agreement, and to the proposed sale of the Site and to
other matters pertaining to this transaction, and that all such oral and
written objections are hereby overruled.
2. The City Council hereby finds and determines that the consideration to
be paid by the Developer for the purchase of the Site is not less than fair
market value as determined by Keyser Marston Associates, Inc., in an
appraisal dated October, 1987, and in accordance with the covenants and
conditions governing such sale. The City Council hereby further finds
and determines that all consideration to be paid under the Agreement is
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in an amount necessary to effectuate the purposes of the Redevelopment
Plan for the San Juan Capistrano Central Redevelopment Project.
3. The sale of the Site and the proposed Agreement, which establish the
terms and conditions therefor, are hereby approved.
4. The approval of this Disposition and Development Agreement is
contingent upon the approval of the final EIR which is scheduled to be
heard on or about November 17, 1987. Any changes deemed necessary to
the project as a result of the EIR will be incorporated into the
Disposition and Development Agreement.
4. The City Council hereby authorizes the City Clerk to deliver a copy of
this resolution to the Executive Director and members of the Agency. A
copy of the Agreement, when executed by the Agency, shall be placed on
file in the Office of the City Clerk.
PASSED, APPROVED, AND ADOPTED this 3rd day
of November ,1987.
G , "o tJ-`G �
ANTHONY L. AND, MAYOR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 87-11-3-1 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 3rd day
of November , 1987, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer,
and Mayor Bland
NOES: None
ABSENT: None
(SEAL)
MARY AN ANOVER, CITY CLERK
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