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Resolution Number 96-10-15-5303 RESOLUTION NO. 9. 1 APPROVING LEASE AMENDMENT NO, 4 WITH VAOUEVA"IIEST-.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE LEASE OF CERTAIN PROPERTY WITHIN THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA TO VAQUERO WEST MERCANTILE AND APPROVING LEASE AMENDMENT NO. 4 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 Redevelopment Project Area; and, WHEREAS, in order to carry out and implement such Redevelopment Plan, the Agency proposes to enter into Lease Amendment No. 4 (the "Amendment"), a copy of which is on file in the office of the City Clerk, with Vaquero West Mercantile (the "Lessee") for the lease of the premises (the "Premises") in the San Juan Capistrano Redevelopment Project Area, described in the Lease Amendment as approximately 3,900 square feet formerly known as the San Juan Saloon, with a mailing address of 26755 Verdugo Street; and, ' WHEREAS, pursuant to the California Community Redevelopment Law (California Health and Safety Code, Section 33000 et seq.), the Agency and this City held a joint public hearing on the Amendment and the proposed lease of the Premises, having duly published notice of public hearing and made copies of the proposed Amendment available for public inspection and comment; and, WHEREAS, the City has duly considered all terms and conditions of the proposed Amendment and believes that the redevelopment of the Premises 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 has received and heard all oral and written objections to the proposed Amendment and to the proposed lease of the Premises and to other matters pertaining to this transaction and that all such oral and written objections are hereby overruled. 2. The City hereby finds and determines that the consideration to be paid by the Lessee for the lease of the Premises is equal to the fair market value and is in accordance with the covenants and conditions governing such lease. The City hereby further finds and determines that ' all consideration to be paid under the Amendment is in an amount necessary to effectuate the purposes of the Redevelopment Plan for the San Juan Capistrano Central Redevelopment Project Area. -1- 304 3. The lease of the Premises and the proposed Amendment which establishes the terms and conditions therefore are hereby approved. 4. The Chairman of the San Juan Capistrano Community Redevelopment Agency is hereby authorized to execute Lease Amendment No. 4 on behalf the Agency. A copy of the Amendment, when executed by the Agency, shall be placed on file in the office of the Agency Secretary 5. 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 Amendment and to administer the Agency's obligations, responsibilities and duties to be performed under the Amendment and related documents. PASSED, APPROVED, AND ADOPTED this October .1996. ATTEST: CITY CLE WYXTHART i. -2- 15th day of 305 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, 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. 96-10-15-5 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 15th day of October 1996, by the following vote: AYES: Council Members Nash, Swerdlin, Campbell and Mayor Hart NOES: None ABSTAIN: Council Member Jones ABSENT: None (SEAL) CHERYL JJOIXSOi , CITY CLERK -3-