Resolution Number 87-12-15-1RESOLUTION NO. 87-12-15-1
367
"PROVING LEASE/OWNER PARTICIPATION AGREEMENT (FRANCISCAN PLAZA)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE LEASE OF
CERTAIN PROPERTIES AND FACILITIES WITHIN THE SAN JUAN
CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA
FROM FRANCISCAN PLAZA INVESTMENT GROUP; AND,
APPROVING THE OWNER PARTICIPATION AGREEMENT
PERTAINING THERETO
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 an Owner Participation Agreement, made a part hereof by
reference, (the "Agreement") with Franciscan Plaza Investment Group (the "Participant")
for the lease by the Agency of the parking structure to be built on the site (the "Site") as
described in the Agreement in the San Juan Capistrano Central Redevelopment Project
Area; and,
WHEREAS, the Participant has submitted to this Agency copies of said
proposed Agreement in a form desired by the Participant; 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 lease 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; and,
WHEREAS, a Negative Declaration for the Site Development proposed in the
Agreement has been approved by the City of San Juan Capistrano by Resolution
No. 86-11-15-4, on November 25, 1986, and no modifications to the proposed Site
Development have been made which would require additional environmental review.
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 lease 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 to the Participant for the lease of the Site is not more than fair
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368 merLo4 unhip ThP City Cnunril herebv further finds and determines that
all consideration to be paid under the Agreement is in an amount
necessary to effectuate the purposes of the Redevelopment Plan for the
San Juan Capistrano Central Redevelopment Project.
3. The Negative Declaration approved on November 25, 1986, adequately
considered all environmental impacts potentially caused by the proposed
Site Development as there are no substantial changes in the proposed
development which would alter the potential environmental impact of
the project.
4. The lease of the Site and the proposed Agreement, which establish the
terms and conditions therefor, are hereby approved.
5. 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 15th day
of December ,1987.
ANTHONY L. BL97, MAYOR
ATTEST:
Q _
CITY CL
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. 87-12-75-1 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 15th day
of December . 1987, by the following vote:
AYES: Councilmen Schwartze, Buchheim, Hausdorfer,
and Mayor Bland
NOES: None
ABSENT: Councilman Friess
(SEAL)
MARY ANN NOVER, L.1 TY CLERK
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