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Resolution Number CRA 95-11-7-2215 RESOLUTION NO. CRA 95-11-7-2 all, /I\ Leg. u _\ �►1 i1 • I\. �. 1 1' I / C/' _, / 1 I �_I 1 A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS FOR CERTAIN PROPERTY WITHIN THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA, KNOWN AS THE CAPISTRANO DEPOT, TO MANNA STATION, INC. WHEREAS, the Community Redevelopment Agency of the City of San Juan Capistrano (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 execute the Purchase Agreement and Escrow Instructions (the "Agreement"), a copy of which is on file in the Office of the Agency Secretary, with Manna Station, Inc. (the "Buyer") for the sale of the premises (the "Premises") in the San Juan Capistrano Central Redevelopment Project Area, described in the Agreement as an approximately 12,000 -square -foot building on approximately 1.4 acres, commonly known as the Capistrano Depot with a mailing address of 26701 Verdugo Street; and, WHEREAS, pursuant to the California Community Redevelopment Law (California Health and Safety Code, Section 33000 et seq.), the City and this Agency held a joint public hearing on the terms of the Purchase Agreement and Escrow Instructions for the sale of the Premises, 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 and sale of the Premises thereof is in the best interest 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, the proposed Purchase Agreement and Escrow Instructions were determined by the Planning Director to be Categorically Exempt pursuant to California Environmental Quality Act Guidelines (CEQA), Class 12 on July 17, 1995. NOW, THEREFORE, BE 1T RESOLVED, by the San Juan Capistrano Community Redevelopment Agency Board of Directors, City of San Juan Capistrano, California, as follows: -1- zzo 1. The Agency has received and heard all oral and written objections to the proposed Agreement and to the proposed sale of the Premises and to other matters pertaining to this transaction, and that all such oral and written objections are hereby overruled. 2. The Agency hereby finds and determines that the consideration to be paid by the Buyer for the sale of the Premises is in accordance with the covenants and conditions governing such sale. The Agency hereby further finds and determines that all consideration to be paid under the Agreement is not less than the highest and best use in accordance with the purposes of the Redevelopment Plan for the San Juan Capistrano Central Redevelopment Project. 3. The Categorical Exemption issued on July 17, 1995, adequately considered all environmental impacts potentially caused by the proposed sale of Premises and there are no substantial changes relating to the proposed sale which would alter the determination that the project is exempt under CEQA Guidelines, Class 12, Section 115312. 4. The sale of the Premises and the proposed Agreement, which establish the terms and conditions therefore, are hereby approved with the esception that provisions for indemnification of the Buyer by the Seller are deleted and not approved as requested by the Buyer. 5. The Executive Director of the Agency is hereby authorized to execute the Agreement on behalf of the Agency. A copy of the Agreement, when executed by the Agency, shall be placed on filed in the office of the Agency Secretary. 6. The Executive Director of the Agency (or his designee) is hereby authorized on behalf of the Agency to sign all documents necessary and appropriate to carry out and implement the Agreement, and to administer the Agency's obligations, responsibilities and duties to be performed under the Agreement and related documents. PASSED, APPROVED, AND ADOPTED this November _1995. ATTEST: AGENCY SEMETAky 7th G / III DAVID SWEkbLIN, CHAIRMA IPA day of 221 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, Agency Secretary of the San Juan Capistrano Community Redevelopment Agency, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. CRA 95-11-7-2 adopted by the San Juan Capistrano Community Redevelopment Agency Board of Directors at a regular meeting thereof held on the 7th day Of— November 1 1995, by the following vote: AYES: Directors Hart, Nash, Campbell and Chairman Swerdlin NOES: None ABSTAIN: Director Jones ABSENT: None (SEAL) CHERYLJOINON}'AGENCYSECRETARY 511 222 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, declare as follows: That I am the duly appointed and qualified Secretary of the San Juan Capistrano Community Redevelopment Agency; That in compliance with State laws of the State of California and in further compliance with CRA Resolution No. CRA 83-12-20-1 and on the 9th day of November 1995, I caused to be posted: RESOLUTION NO. CRA 95-11-7-2 , being 1 C / J"M Q-4-10,6,1011WAVIll I 1 1 A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS FOR CERTAIN PROPERTY WITHIN THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA, KNOWN AS THE CAPISTRANO DEPOT, TO MANNA STATION, INC. in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. /}CI-IECK LIST - RES. NO. CRA ,! %/- / —� Chairman has signed Secretary has signed Agency Seal stamped All blanks typed in "Absent" ��--- "Noes.' "Abstain" Copies sent to post fileY2 /— '40 certified Legal Publication ordered to be published (date) No. Printed copies required Remarks Ax:&-X-ZL'� i ' /-tea— Cheryl Johns , � ency Secretary San Juan Capistrano Community Redevelopment Agency San Juan Capistrano, California