Resolution Number CRA 87-12-15-1RESOLUTION NO. CRA 87-12-15-1
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APPROVING LEASE/OWNER PARTICIPATION AGREEMENT (FRANCISCAN PLAZA)
A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, 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 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 enter into an Owner Participation Agreement, made a part hereof by
reference, (the "Agreement") with Franciscan Plaza Investment Group, a California
Limited Partnership, (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, pursuant to the California Community Redevelopment Law
(California Health and Safety Code, Section 33000 et seq.) the Agency held a 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 Site 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 San Juan Capistrano
Community Redevelopment Agency, City of San Juan Capistrano, California, as follows:
The Agency 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.
The Agency hereby finds and determines that the consideration to be
paid to the Participant for the lease of the Site is not more than fair
market value as determined by Natelson, Levander, Whitney, Inc., in an
appraisal dated November 2, 1987, and 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 in an amount necessary to effectuate the purposes of the
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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 Chairman 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 file in the office of the
Secretary of the Agency.
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
of December ,1987.
GAR L. HAUSDORFER, CHAIRMAN
ATTEST:
AGENCY SECRETARY
_2_
day
22-7
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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 87-12-15-1 adopted by the Board of Directors of the
San Juan Capistrano Community Redevelopment Agency, at a regular meeting thereof
held on the 15th day of December , 1987, by the following vote:
AYES: Directors Schwartze, Bland, Buchheim,
and Chairman Hausdorfer
NOES: None
ABSENT: Director Friess
(SEAL) —
MARY ANOVE ,
AGENCY 9ECRETARY
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes and says:
That she is 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 City Resolution No. CRA 83-12-20-1 and on the 17th day
of December , 1987, she caused to be posted:
RESOLUTION NO. CRA 87_12-15-1 , being:
APPROVING LEASE/OWNER PARTICIPATION AGREEMENT (FRANCISCAN PLAZA)
A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, 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
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.
MARY ANN,,4iANOVER, Secretary
San Juan Capistrano Community
Redevelopment Agency
CHECK LIST
RES. NO. CRAB7-M /5-/
Chairman has signed
Secretary has signed
Agency Seal stamped
All blanks typed in
::Absent" f'r
"Noes" $—
"Abstain" -$--
Copies sent to post —az
z
file 00.'�0
mail certified
j
5,yc.e3eW
Legal Publication ordered to be published
(date) —
No. Printed copies required
Remarks
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